{"_id":"text_ukpga_Geo5Sess2_13_2","text":"[5th December 1922]\n\n1 Modification of Government of Ireland Act 1920.\n(1) . . . the First Schedule to this Act shall . . . have effect . . .\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n5 Provision as to relief from double taxation.\n(1) If His Majesty in Council is pleased to declare—\n(a) that under the law in force in the Irish Free State any tax is payable in respect of a subject of charge in respect or which a corresponding tax is payable also in Great Britain; and\n(b) that arrangements as specified in the declaration have been made with the Government of the Irish Free State with a view to the granting of relief in cases where there is a charge both to the British Tax and to the Irish tax in respect of the same subject matter;\nthen, unless and until the declaration is revoked by His Majesty in Council, the arrangements specified therein shall, so far as they relate to the relief to be granted from the British tax, have effect as if enacted in this Act, but only if and so long as the arrangements, so far as they relate to the relief to be granted from the Irish tax, have the effect of law in the Irish Free State.\n(2) Any declaration made by His Majesty in Council under this section shall be laid before the Commons House of Parliament as soon as may be after it is made, and, if an Address is presented to His Majesty by that House within twenty-one days on which that House has sat next after the declaration is laid before it praying that the declaration may be revoked, His Majesty in Council may revoke the declaration, and the arrangements specified in the declaration shall thereupon cease to have effect, but without prejudice to the validity of anything previously done thereunder or to the making of a new declaration.\n(3) The obligation as to secrecy imposed by any enactment with regard to any tax to which any declaration made by His Majesty in Council under this section relates shall not prevent the disclosure to any authorised officer of the Government of the Irish Free State of such facts as may be necessary to enable relief to be duly given in accordance with the arrangements specified in the declaration.\n(4) This section shall apply to Northern Ireland in like manner as it applies to Great Britain.\n\n6 Power to adapt enactments, &c.\n(1) His Majesty may, by Order in Council,—\n(a) make such adaptations of any enactments so far as they relate to any of His Majesty’s Dominions other than the Irish Free State as may appear to him necessary or proper as a consequence of the establishment of the Irish Free State;\n(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(d) make such provision with respect to the management of the National Debt and Government Securities and Annuities (including India Stock) as may be necessary to secure that the management thereof shall not, except to such extent as may be authorised by the Order, be transacted within the Irish Free State; or to enable the business of the Bank of Ireland in relation thereto to be partly transacted at an office of the Bank in Northern Ireland, and in the latter case to apply in respect of any securities or annuities inscribed or registered in the books and registers kept at such office the provisions applicable in respect of securities and annuities inscribed or registered in the books and registers kept at the Bank of England or the Bank of Ireland;\nand any such Order in Council may contain such supplemental, consequential, and incidental provisions as may appear necessary or proper for the purposes of the Order, and any such Order shall, subject to revocation or alteration by a subsequent Order, have effect as if enacted in this Act.\n(2) Any Order in Council made under this section shall be laid before both Houses of Parliament as soon as may be after it is made, and if an Address is presented to His Majesty by either of those Houses within twenty-one days on which that House has sat next after any such Order is laid before it praying that the Order may be annulled, His Majesty may thereupon by Order in Council annul the same, and the Order so annulled shall forthwith become void, but without prejudice to the validity of anything which in the meantime may have been done thereunder.\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n7 Miscellaneous provisions.\n(1) It shall be lawful for any department of the British Government to make arrangements with any Minister of the Government of the Irish Free State whereunder any of the powers and duties of the Minister may be exercised and performed on his behalf by officers of that department, or whereunder any of the powers and duties of that department may be exercised and performed on behalf of that department by officers of the Minister, on such terms and conditions as may be agreed:\nProvided that no such arrangement shall diminish in any respect the responsibility of the department by which the arrangement is made.\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n8 Short title.\nThis Act may be cited as the Irish Free State (Consequential Provisions) Act 1922 (Session 2).\n\nSCHEDULES\n\nFIRST SCHEDULE Modification of the Government of Ireland Act 1920 &c.\n\nGovernor of Northern Ireland.\n1(1)There shall be a Governor of Northern Ireland, and the provisions of the Government of Ireland Act 1920 with respect to the Lord Lieutenant shall apply to the Governor of Northern Ireland and in the Government of Ireland Act 1920 (hereinafter referred to as the principal Act) and in any other enactment references to the Lord Lieutenant shall, in their application to Northern Ireland, be construed as references to the Governor of Northern Ireland.\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nPrivy Council and Great Seal of Northern Ireland.\n2(1)There shall be a Privy Council of Northern Ireland, and anything which, prior to the first appointment of a Governor of Northern Ireland, might be done by, to, before, or with the advice or concurrence of the Privy Council of Ireland or any committee thereof may, as respects Northern Ireland after such appointment, be done by, to, before, or with the advice or concurrence of the Privy Council of Northern Ireland or a corresponding committee of that Council.\n(2) The persons who are to be members of the Privy Council of Northern Ireland shall be from time to time chosen and summoned by the Governor of Northern Ireland and sworn in as Privy Counsellors, and the Members may from time to time be removed by the Governor of Northern Ireland.\n(3) In the application of the principal Act to Northern Ireland references to the Privy Council of Northern Ireland shall be substituted for references to the Privy Council of Ireland, . . .\n(4) There shall be a Great Seal of Northern Ireland which shall be kept by the Governor of Northern Ireland and shall, after the first appointment of such Governor, be used for all matters in Northern Ireland for which the Great Seal of Ireland was theretofore used. Until a Great Seal of Northern Ireland is provided the private seal of the Governor of Northern Ireland may be used as that Great Seal.\n3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nAbolition of High Court of Appeal and provisions consequential thereon.\n6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nSECOND SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .","title":""}
{"_id":"text_ukpga_Geo6_2-3_82","text":"[3rd September 1939]\n\n1 Allowances and pensions in respect of certain war injuries and war service injuries.\n(1) The Minister may make a scheme, with the approval of the Treasury and in accordance with the provisions of this Act, providing for the making of payments in respect of the following injuries sustained during the period of the present emergency, namely—\n(a) war injuries sustained by gainfully occupied persons (with such exceptions, if any, as may be specified in the scheme) and by persons of such other classes as may be so specified; and\n(b) war services injuries sustained by civil defence volunteers.\n(2) In respect of any such injury, a scheme may authorise the Minister, in such circumstances and subject to such conditions as may be specified in the scheme, to make the following payments to or in respect of the person injured, namely—\n(a) payments by way of allowance (hereafter in this Act referred to as “injury allowances”), which shall be payable only so long as the person injured is incapacitated for work by the injury and has not received any such payment as is mentioned in the next following paragraph; and\n(b) payments by way of pension or grant, which shall be payable only where the injury causes serious and prolonged disablement or death.\n(3) A scheme may empower the Minister to make regulations for giving effect to the purposes of the scheme.\n(4) Any decision of the Minister as to the making, refusal or amount, or as to the continuance or discontinuance, of a payment under a scheme may be varied by a subsequent decision of the Minister, but save in so far as it is so varied shall be final and conclusive.\n(5) All expenses incurred by the Minister in giving effect to a scheme shall be defrayed out of moneys provided by Parliament.\n\n2 Procedure as to schemes.\n(1) A scheme may provide that it shall come into operation, or shall be deemed to have come into operation, on such date as may be specified therein.\n(2) A scheme may be amended or revoked by a subsequent scheme or by an order made by the Minister with the consent of the Treasury.\n(3) Every scheme, and every order made under the last preceding subsection, shall be laid before both Houses of Parliament as soon as may be after it is made, and if either House, within the period of forty days beginning with the day on which a scheme or such an order is laid before it, resolves that the scheme or order be annulled, it shall thenceforth become void, but without prejudice to the validity of anything previously done thereunder or to the making of a new scheme or order.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4) A scheme and any regulations made thereunder, and any order made under this Act, shall, for the purpose of section three of the Rules Publication Act 1893 (which relates to the printing of statutory rules), be deemed to be statutory rules within the meaning of that Act, but shall not be deemed to be or to contain such statutory rules for the purpose of any other provision of that Act.\n\n3—5.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n7 Assignments, &c., to be void.\nAny assignment of, or charge on, and any agreement to assign or charge, any payment awarded or to be awarded under a scheme shall be void, and, on the bankruptcy of any person to whom such a payment has been awarded, the payment shall not pass to any trustee or other person acting on behalf of the creditors.\n\n8 Interpretation.\n(1) In this Act, unless the context otherwise requires,—\n  * “civil defence organisation” means any organisation established for civil defence purposes which is declared by a scheme to be a civil defence organisation for the purpose of this Act and the scheme;\n  * “civil defence volunteer,” in relation to an injury, means a person certified by a responsible officer of a civil defence organisation to have been a member of that organisation at the time when the injury was sustained;\n  * ...\n  * “gainfully occupied person” means a person who is engaged in any trade, business, profession, office, employment or vocation and is wholly or substantially dependent thereon for a livelihood, or a person who, though temporarily unemployed, is normally so engaged and dependent;\n  * “the Minister” means the Secretary of State;\n  * “period of the present emergency” means the period beginning with the commencement of this Act, and ending with such date as His Majesty may by Order in Council declare to be the date on which the emergency that was the occasion of the passing of this Act came to an end;\n  * “scheme” means a scheme made under this Act;\n  * “war injuries” means physical injuries—\n(a) caused by—\n(i) the discharge of any missile (including liquids and gas); or\n(ii) the use of any weapon, explosive or other noxious thing; or\n(iii) the doing of any other injurious act;\neither by the enemy or in combating the enemy or in repelling an imagined attack by the enemy; or\n(b) caused by the impact on any person or property of any enemy aircraft, or any aircraft belonging to, or held by any person on behalf of or for the benefit of, His Majesty or any allied power, or any part of, or anything dropped from, any such aircraft;\n  * “war service injury” in relation to a civil defence volunteer, means any physical injury which the Minister certifies to have been shown to his satisfaction to have arisen out of and in the course of the performance by the volunteer of his duties as a member of the civil defence organisation to which he belonged at the time when the injury was sustained, and (except in the case of a war injury) not to have arisen out of and in the course of his employment in any other capacity.\n(2) No certificate shall be given by the Minister in relation to the definition of “war service injury” in the foregoing subsection, unless he has been furnished with a report about the injury in question by a responsible officer of the civil defence organisation of which the volunteer concerned was a member at the time when the injury was sustained and any such certificate may be revoked by the Minister at any time on new facts being brought to his notice.\n\n9†Short title, extent and commencement.\n(1) This Act may be cited as the Personal Injuries (Emergency Provisions) Act 1939.\n(2) It is hereby declared that this Act extends to Northern Ireland.\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .","title":""}
{"_id":"text_ukpga_Edw7_7_40","text":"[28th August 1907]\n\n1 Provisions for the earlier notification of births.\nThe provisions of this section shall have effect in the area of any local authority . . .\n(1) In the case of every child born . . . it shall be the duty of the father of the child, if he is actually residing in the house where the birth takes place at the time of its occurrence, and of any person in attendance upon the mother at the time of, or within six hours after, the birth, to give notice in writing of the birth to the chief administrative medical officer of the Health Board for the area in which the child is born, in manner provided by this section.\n(2) Notice under this section shall be given by posting a prepaid letter or postcard addressed to the chief administrative medical officer of the Health Board at his office . . . giving the necessary information of the birth within thirty-six hours after the birth, or by delivering a written notice of the birth at the office . . . of that officer within the same time; and the local authority shall supply without charge prepaid addressed envelopes together with the forms of notice to any medical practitioner or midwife residing or practising in their area, who applies for the same.\n(3) Any person who fails to give notice of a birth in accordance with this section shall be liable on summary conviction to a penalty not exceeding £25 level 1 on the standard scale: Provided that a person shall not be liable to a penalty under this provision if he satisfies the court that he had reasonable grounds to believe that notice had been duly given by some other person.\n(4) The notification required to be made under this Act shall be in addition to and not in substitution for the requirements of any Act relating to the registration of births; and any registrar of births and deaths, . . . shall at all reasonable times have access to notices of births received by the chief administrative medical officer of the Health Board under this Act, or to any book in which those notices may be recorded, for the purpose of obtaining information concerning births which may have occurred in his sub-district.\n(5) This section shall apply to any child which has issued forth from its mother after the expiration of the twenty-eighth week of pregnancy, whether alive or dead.\n(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n2 Adoption of Act, and definition of local authority.\n(1)—(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4) In this Act, the expression “local authority” means the council of a borough . . . and the council of an urban or a rural district, and the council of a county . . . :\nProvided that—\n(a) where the Act is adopted by the council of a county the county medical officer of health shall be substituted for the medical officer of health of the district, and the expenses of the execution of the Act shall be paid as general county expenses or special county expenses, as the case requires; and\n(b) if, where the Act has been adopted by the council of a county for any county district, the council of the district, or, where the Act has been adopted by the council of a county district for their district, the council of the county, subsequently apply to the Local Government Board to be made the authority for the purposes of this Act, the Board may, if they think fit, make an order declaring that the Act shall take effect as if it had been adopted by the council of the county district instead of the council of the county, or by the council of the county instead of the council of the county district, as the case may be, and on any such order being made the Act shall take effect in accordance with the order.\n(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n4 Application to Scotland.\nIn the application of this Act to Scotland—\n(1), (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3) . . . subsection four of section two shall not apply;\n(4) An offence may be tried before the sheriff or before any magistrate of a royal, parliamentary, or police burgh officiating under the provisions of any local or general Police Act; and an offender failing to make payment of a penalty shall be liable to imprisonment in terms of the Summary Jurisdiction Acts.\n\n5 Application to Ireland.\nIn the application of this Act to Ireland, . . . the expression “sub-district” means a registrar’s district under the Acts relating to the registration of births.\n\n6 Short title.\nThis Act may be cited as the Notification of Births Act 1907.\n\nSCHEDULE\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .","title":""}
{"_id":"text_ukpga_1989_26","text":"[27th July 1989]\nMost Gracious Sovereign, WE, Your Majesty’s most dutiful and loyal subjects, the Commons of the United Kingdom in Parliament assembled, towards raising the necessary supplies to defray Your Majesty’s public expenses, and making an addition to the public revenue, have freely and voluntarily resolved to give and grant unto Your Majesty the several duties hereinafter mentioned; and do therefore most humbly beseech Your Majesty that it may be enacted, and be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—\n\nPart I Customs and Excise, Value Added Tax and Car Tax\n\nCHAPTER I Customs and Excise\n\nHydrocarbon oil duties\n\n1 Rates.\n(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(2) In section 13A of that Act (rebate on unleaded petrol), for “£0.0202” there shall be substituted “£0.0272”.\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4) This section shall be deemed to have come into force at 6 o’clock in the evening of 14th March 1989.\n\n2 Reliefs.\n(1) The following section shall be inserted after section 20A of the Hydrocarbon Oil Duties Act 1979—\n\n“20AA Power to allow reliefs.\n\n(1) The Commissioners may make regulations allowing reliefs as regards—\n(a) any duty of excise which has been charged in respect of hydrocarbon oil, petrol substitute, spirits used for making power methylated spirits, or road fuel gas;\n(b) any amount which has been paid to the Commissioners under section 12(2)above;\n(c) any amount which would (apart from the regulations) be payable to the Commissioners under section 12(2) above.\n(2) The regulations may include such provision as the Commissioners think fit in connection with allowing reliefs, and in particular may—\n(a) provide for relief to take the form of a repayment or remission;\n(b) provide for relief to be allowed in cases or classes of case set out in the regulations;\n(c) provide for relief to be allowed to the extent set out in the regulations;\n(d) provide for relief to be allowed subject to conditions imposed by the regulations;\n(e) provide for relief to be allowed subject to such conditions as the Commissioners may impose on the person claiming relief;\n(f) provide for the taking of samples of hydrocarbon oil in order to as certain whether relief should be allowed or has been properly allowed;\n(g) make provision as to administration (which may include provision requiring the making of applications for relief);\n(h) make different provision in relation to different cases or classes of case;\n(i) include such supplementary, incidental, consequential or transitional provisions as appear to the Commissioners to be necessary or expedient.\n(3) The conditions which may be imposed as mentioned in subsection (2)(d) or(e) above may include conditions as to the physical security of premises, the provision (by bond or otherwise) of security for payment, or such other matters as the Commissioners think fit.\n(4) Where a person contravenes or fails to comply with any regulation made under this section or any condition imposed by or under such a regulation—\n(a) he shall be liable on summary conviction to a penalty of three times the value of any goods in respect of which the contravention or failure occurred or a penalty of an amount represented by level 3 on the standard scale, whichever is the greater, and\n(b) any goods in respect of which the contravention or failure occurred shall be liable to forfeiture.\n(5) A reference in this section to a duty of excise includes a reference to any addition to such duty by virtue of section 1 of the Excise Duties (Surcharges or Rebates) Act 1979.\n(6) Schedule 5 to this Act shall have effect with respect to any sample of hydrocarbon oil taken in pursuance of regulations made under this section.”\n(2) In consequence of subsection (1) above, in paragraph 6 of Schedule 5 to the Hydrocarbon Oil Duties Act 1979 after “section” there shall be inserted “20AA or”.\n\nAlcoholic liquor duties\n\n3 Original gravity of beer.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n4 Blending made-wines etc.\n(1) Section 55 of the Alcoholic Liquor Duties Act 1979 (charge of excise duty on made-wine) shall be amended as follows.\n(2) In subsection (5) (which, where certain conditions are satisfied, lifts the requirement to hold a licence for premises where made-wine is produced),after paragraph (d) there shall be added “and\n(e) he does not blend or otherwise mix—\n(i) two or more made-wines, or\n(ii) one or more made-wines and one or more wines,\nso as to produce made-wine the rate of duty applicable to which is higher than the rate applicable to at least one of the constituent liquors. ”\n(3) After subsection (5) there shall be inserted—\n“(5A)For the purposes of subsection (5) above—\n(a) the rate of duty applicable to any made-wine is that which is or would be chargeable under subsection (1) above on its importation into the United Kingdom; and\n(b) the rate of duty applicable to any wine is that which is or would be chargeable under subsection (1) of section 54 above on its importation into the United Kingdom.”\n(4) This section shall have effect in relation to the blending or other mixing of made-wines, or of made-wines and wines, on or after the day on which this Act is passed.\n\n5 Description as beer.\nSection 73 of the Alcoholic Liquor Duties Act 1979(which prohibits anyone from describing as beer any substance on which beer duty has not been paid) shall cease to have effect.\n\nVehicles excise duty\n\n6 Rates.\n(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3), (4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n14 Dishonoured cheques.\n(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nGeneral\n\n15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n16 Time limits for proceedings.\n(1) After section 146 of the Customs and Excise Management Act 1979 there shall be inserted—\n\n“146A Time limit for proceedings.\n\n(1) Except as otherwise provided in the customs and excise Acts, and notwithstanding anything in any other enactment, the following provisions shall apply in relation to proceedings for an offence under those Acts.\n(2) Proceedings for an indictable offence shall not be commenced after the end of the period of 20 years beginning with the day on which the offence was committed.\n(3) Proceedings for a summary offence shall not be commenced after the end of the period of 3 years beginning with that day but, subject to that, may be commenced at any time within 6 months from the date on which sufficient evidence to warrant the proceedings came to the knowledge of the prosecuting authority.\n(4) For the purposes of subsection (3) above, a certificate of the prosecuting authority as to the date on which such evidence as is there mentioned came to that authority’s knowledge shall be conclusive evidence of that fact.\n(5) In the application of this section to Scotland—\n(a) in subsection (3), “proceedings for an indictable offence” means proceedings on indictment;\n(b) in subsection (3), “proceedings for a summary offence” means summary proceedings.\n(6) In the application of this section to Northern Ireland—\n(a)“indictable offence” means an offence which, if committed by an adult, is punishable on conviction on indictment (whether only on conviction on indictment, or either on conviction on indictment or on summary conviction);\n(b)“summary offence” means an offence which, if committed by an adult, is punishable only on summary conviction.\n(7) In this section, “prosecuting authority” means the Commissioners and includes, in Scotland, the procurator fiscal.”\n(2) Section 147(1) of that Act shall cease to have effect.\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4) This section shall have effect in relation to offences committed on or after the day on which this Act is passed.\n\n17 Disbursements in Port of London.\nIn section 17 of the Customs and Excise Management Act1979 (general rule that customs and excise receipts, after deduction of disbursements, are to be paid into the Commissioners’ General Account at the Bank of England) paragraph (a) of subsection (5) (special rule that disbursements in Port of London are to be paid out of that Account) shall cease to have effect.\n\nCHAPTER II Value Added Tax\n\nZero-rating etc.\n\n18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nOther provisions\n\n24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nChapter III Miscellaneous\n\n27 Relief from car tax where vehicle leased to the handicapped.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n28 Reliefs from duties and taxes for persons enjoying certain immunities and privileges.\n(1) After section 13 of the Customs and Excise Duties(General Reliefs) Act 1979 there shall be inserted the following sections—\n\n“13A Reliefs from duties and taxes for persons enjoying certain immunities and privileges.\n(1) The Commissioners may by order make provision for conferring in respect of any persons to whom this section applies reliefs, by way of remission or repayment, from payment by them or others of duties of customs or excise, value added tax or car tax.\n(2) An order under this section may make any relief for which it provides subject to such conditions binding the person in respect of whom the relief is conferred and, if different, the person liable apart from the relief for payment of the tax or duty (including conditions which are to be compiled with after the time when, apart from the relief, the duty or tax would become payable) as may be imposed by or under the order.\n(3) An order under this section may include any of the provisions mentioned in subsection (4) below for cases where—\n(a) relief from payment of any duty of customs or excise, value added tax or car tax chargeable on any goods, or on the supply of any goods or services or the importation of any goods has been conferred (whether by virtue of an order under this section or otherwise) in respect of any person to whom this section applies, and\n(b) in the case of goods, provision for forfeiture of the goods.\n(4) The provisions referred to in subsection (3) above are—\n(a) provision for payment to the Commissioners of the tax or duty by—\n(i) the person liable, apart from the relief, for its payment, or\n(ii) any person bound by the condition, or\n(iii) any person who is or has been in possession of the goods or has received the benefit of the services,\nor for two or more of those persons to be jointly and severally liable for such payment, and\n(5) An order under this section—\n(a) may contain such incidental and supplementary provisions as the Commissioners think necessary or expedient, and\n(b) may make different provision for different cases.\n(6) In this section and section 13C of this Act—\n“duty of customs” includes any agricultural levy within the meaning of section 6 of the European Communities Act 1972 chargeable on goods imported into the United Kingdom, and\n“duty of excise” means any duty of excise chargeable on goods and includes any addition to excise duty by virtue of section 1 of the Excise Duties (Surcharges or Rebates) Act 1979.\n(7) For the purposes of this section and section 13C of this Act, where in respect of any person to whom this section applies relief is conferred (whether by virtue of an order under this section or otherwise) in relation to the use of goods by any persons or for any purposes, the relief is to be treated as conferred subject to a condition binding on him that the goods will be used only by those persons or for those purposes.\n(8) Nothing in any order under this section shall be construed as authorising a person to import any thing in contravention of any prohibition or restriction for the time being in force with respect to it under or by virtue of any enactment.\n\n13B Persons to whom section 13A applies.\n(1) The persons to whom section 13A of this act applies are—\n(a) any person who, for the purposes of any provision of the Visiting Forces Act 1952 or the International Headquarters and Defence Organisations Act 1964 is—\n(i) a member of a visiting force or of a civilian component of such a force or a dependant of such a member, or\n(ii) a headquarters, a member of a headquarters or a dependant of such a member,\n(b) any person enjoying any privileges or immunities under or by virtue of—\n(i) the Diplomatic Privileges Act 1964,\n(ii) the Commonwealth Secretariat Act 1966,\n(iii) the Consular Relations Act 1968,\n(iv) the International Organisations Act 1968, or\n(v) the Overseas Development and Co-operation Act 1980,\n(c) any person enjoying, under or by virtue of section 2 of the European Communities Act 1972, any privileges or immunities similiar to those enjoyedunder or by virtue of the enactments referred to in paragraph (b) above.\n(2) The Secretary of State may by order amend subsection (1) above to include any persons enjoying any privileges or immunities similiar to those enjoyed under or by virtue of the enactments referred to in paragraph (b) of that subsection.\n(3) No order shall be made under this section unless a draft of the order has been laid before and approved by resolution of each House of Parliament.\n\n13C Offence where relieved goods used, etc., in breach of condition.\n(1) Subsection (2) below applies where—\n(a) any relief from payment of any duty of customs or excise, value added tax or car tax chargeable on, or on the supply or importation of, any goods has been conferred (whether by virtue of an order under section 13A of this Actor otherwise) in respect of any person to whom that section applies subject to any condition as to the persons by whom or the purposes for which the goods may be used, and\n(b) if the tax or duty has subsequently become payable, it has not been paid.\n(2) If any person—\n(a) acquires the goods for his own use, where he is not permitted by the condition to use them, or for use for a purpose that is not permitted by the condition or uses them for such a purpose, or\n(b) acquires the goods for use, or causes or permits them to be used, by a person not permitted by the condition to use them or by a person for a purpose that is not permitted by the condition or disposes of them to a person not permitted by the condition to use them,\nwith intent to evade payment of any tax or duty that has become payable or that, by reason of the disposal, acquisition or use, becomes or will become payable, he is guilty of an offence.\n(3) For the purposes of this section—\n(a) in the case of a condition as to the persons by whom goods may be used, a person is not permitted by the condition to use them unless he is a person referred to in the condition as permitted to use them, and\n(b) in relation to a condition as to the purposes for which goods may be used, a purpose is not permitted by the condition unless it is a purpose referred to in the condition as a permitted purpose,\nand in this section “dispose” includes “lend” and “let on hire”, and “acquire” shall be interpreted accordingly.\n(4) A person guilty of an offence under this section may be detained and shall be liable—\n(a) on summary conviction, to a penalty of the statutory maximum or of three times the value of the goods (whichever is the greater), or to imprisonment for a term not exceeding six months, or to both, or\n(b) on conviction on indictment, to a penalty of any amount, or to imprisonment for a term not exceeding seven years, or to both.”\n(2) Section 13C of the Customs and Excise Duties (General Reliefs) Act 1979 inserted by subsection (1) above shall have effect where relief is conferred on or after the day on which this Act is passed.\n(3) In section 17 of the Customs and Excise Duties (General Reliefs) Act 1979,in subsection (3), for “or 13” there shall be substituted “13 or13A” and, in subsection (4), for “or 13(1)” there shall be substituted “13(1) or 13A”.\n\n29 Recovery of overpaid excise duty and car tax.\n(1) This section applies to proceedings for restitution of an amount paid to the Commissioners of Customs and Excise by way of excise duty or car tax.\n(2) Proceedings to which this section applies shall not be dismissed by reason only of the fact that the amount was paid by reason of a mistake of law.\n(3) In any proceedings to which this section applies it shall be a defence that repayment of an amount would unjustly enrich the claimant.\n(4) This section shall have effect in relation to proceedings commenced on or after the day on which this Act is passed.\n\nPart II Income Tax, Corporation Tax and Capital Gains Tax\n\nCHAPTER I General\n\nIncome tax rates and allowances\n\n30 Charge and rates of income tax for 1989-90.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n31 Age allowance.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n32 Operative date for PAYE.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n33 Married couples.\n(1) Sections 257 to 257F and 265 of the Taxes Act 1988,as inserted for the year 1990-91 and subsequent years by the Finance Act 1988,shall be amended as follows.\n(2) In section 257(1) for “£2,605” there shall be substituted “£2,785”.\n(3) In section 257(2) for “£3,180” there shall be substituted “£3,400”.\n(4) In section 257(3)—\n(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(b) for “£3,310” there shall be substituted “£3,540”.\n(5) In section 257(5)—\n(a) for “£10,600” there shall be substituted “£11,400”,and\n(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(6) In section 257A(1) for “£1,490” there shall be substituted “£1,590”.\n(7) In section 257A(2) for “£1,855” there shall be substituted “£1,985”.\n(8) In section 257A(3)—\n(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(b) for “£1,895” there shall be substituted “£2,025”.\n(9) In section 257A(5)—\n(a) for “£10,600” there shall be substituted “£11,400”,and\n(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(10) In sections . . . 257D(8) and 265(3) after paragraph (b) there shall be inserted “or\n(c) on account of any payments to which section 593(2) or 639(3) applies,”.\n(11) In section 257E(1)(b) for “80” there shall be substituted “75”.\n(12) In section 257E(2)(a) for “£3,180” there shall be substituted “£3,400”.\n(13) In section 257E(2)(b) for “£3,310” there shall be substituted “£3,540”.\n\nCorporation tax rates etc.\n\n34 Charge and rate of corporation tax for financial year 1989.\nCorporation tax shall be charged for the financial year 1989 at the rate of 35 per cent.\n\n35 Corporation tax: small companies.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nReceipts basis etc.\n\n36 Schedule E: revised Cases.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n37 Schedule E: assessment on receipts basis.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n38 Schedule E: unpaid emoluments.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n39 Schedule E: unremitted emoluments.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n40 Schedule E: emoluments already paid.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n41 Schedule E: pensions etc.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n42 Schedule E: supplementary.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n43 Schedule D: computation\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n44 Companies with investment business and insurance companies: computation\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n45 PAYE: meaning of payment.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nInterest\n\n46 Relief for interest.\nFor the year 1989-90 the qualifying maximum defined in section 367(5) of the Taxes Act 1988 (limit on relief for interest on certain loans) shall be£30,000.\n\n47 Close company loans: business expansion scheme.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n48 Close company loans: material interest.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nBenefits in kind\n\n49 Car benefits.\n(1) In Schedule 6 to the Taxes Act 1988 (taxation of directors and others in respect of cars) for Part I (tables of flat rate cash equivalents) there shall be substituted—\n\n“Part I Tables of Flat Rate Cash Equivalents\n\ntable A\n\ncars with an original market value up to £19,250 and having a cylinder capacity\n\nCylinder capacity of car in cubic centimetres  Age of car at end of relevant year of assessment\n                                               Under 4 years                                     4 years or more\n1400 or less                                   £1,400                                            £950\nMore than 1400 but not more than 2000          £1,850                                            £1,250\nMore than 2000                                 £2,950                                            £1,950\n\n\ntable B\n\nCars with an original market value up to £19,250 and not having a cylinder capacity\n\nOriginal market value of car              Age of car at end of relevant year of assessment\n                                          Under 4 years                                     4 years or more\nLess than £6,000                          £1,400                                            £950\n£6,000 or more but less than £8,500       £1,850                                            £1,250\n£8,500 or more but not more than £19,250  £2,950                                            £1,950\n\n\ntable B\n\nCars with an original market value of more than £19,250\n\nOriginal market value of car                 Age of car at end of relevant year of assessment\n                                             Under 4 years                                     4 years or more\nMore than £19,250 but not more than £29,000  £3,850                                            £2,600\nMore than £29,000                            £6,150                                            £4,100”\n\n(2) This section shall have effect for the year 1989-90 and subsequent years of assessment.\n\n50 Security assets and services.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n51 Assets used partly for security.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n52 Security: supplementary.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n53 Employees earning £8,500 or more and directors.\n(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(f) the words “ employment to which Chapter II of Part V applies ”shall be substituted for the words from “director’s” to “section167)” in section 418(3)(a) of that Act;\n(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nMedical insurance\n\n54 Relief.\n(1) This section applies where—\n(a) on or after 6th April 1990 an individual makes a payment in respect of a premium under a contract of private medical insurance (whenever issued),\n(b) the contract meets the requirement in subsection (2) below as to the person or persons insured,\n(c) at the time the payment is made the contract is an eligible contract,\n(d) the individual making the payment does not make it out of resources provided by another person for the purpose of enabling it to be made, and\n(e) the individual making the payment is not entitled to claim any relief or deduction in respect of it under any other provision of the Tax Acts.\n(2) The requirement mentioned in subsection (1)(b) above is that the contract insures—\n(a) an individual who at the time the payment is made is aged 60 or over and resident in the United Kingdom,\n(b) individuals each of whom at that time is aged 60 or over and resident in the United Kingdom, or\n(c) two individuals who are married to each other at that time, at least one of whom is aged 60 or over at that time, and each of whom is resident in the United Kingdom at that time.\n(2A) In a case where—\n(a) a payment is made in respect of a premium under a contract at a time when the contract meets the requirement in subsection (2) above by virtue of paragraph (c) of that subsection, and\n(b) a payment is made under the same contract at a time after one of the individuals has died and when the contract does not (apart from this subsection) meet the requirement in subsection (2) above by virtue only of the fact that the surviving spouse is not aged 60 or over at the time,\nfor the purposes of subsection (2) above in its application to the contract the surviving spouse shall be deemed to be aged 60 or over at the time mentioned in paragraph (b) above.\n(3) If the payment is made by an individual who at the time it is made is resident in the United Kingdom (whether or not he is the individual or one of the individuals insured by the contract) the individual shall be entitled to relief under this subsection in respect of the payment; and (except where subsections (4) to (6) below apply) relief under this subsection shall be given—\n(a) in accordance with subsections (3A) to (3C) below, and\n(b) only on a claim made for the purpose.\n(3A) Where an individual is entitled to relief under subsection (3) above in respect of one or more payments made in a given year of assessment, the amount of his liability for that year of assessment to income tax on his total income shall be the amount to which he would be liable apart from this section less whichever is the smaller of—\n(a) the amount found under subsection (3B) below, and\n(b) the amount which reduces his liability to nil.\n(3B) The amount referred to in subsection (3A)(a) above is an amount found by—\n(a) taking the amount of the payment referred to in subsection (3A) above or (as the case may be) the aggregate amount of the payments there referred to, and\n(b) finding an amount equal to tax on the amount taken under paragraph (a) above at the basic rate for the year of assessment concerned.\n(3C) In determining for the purposes of subsection (3A) above the amount of incomers on would be liable apart from this section, no account shall be taken of—\n(a) any income tax reduction under Chapter I of Part VII of the Taxes Act 1988 or under section 347B of that Act;\n(b) any income tax reduction under section 353(1A) of the Taxes Act 1988;\n(c) any relief by way of a reduction of liability to tax which is given in accordance with any arrangements having effect by virtue of section 788 of the Taxes Act 1988 or by way of a credit under section 790(1) of that Act;\n(d) any tax at the basic rate on so much of that person’s income as is income the income tax on which he is entitled to charge against any other person or to deduct, retain or satisfy out of any payment.\n(4) In such cases and subject to such conditions as the Board may specify in regulations, relief under subsection (3) above shall be given in accordance with subsections (5) and (6) below.\n(5) An individual who is entitled to such relief in respect of a payment may deduct and retain out of it an amount equal to income tax on it at the basic rate for the year of assessment in which it is made.\n(6) The person to whom the payment is made—\n(a) shall accept the amount paid after deduction in discharge of the individual’s liability to the same extent as if the deduction had not been made, and\n(b) may, on making a claim in accordance with regulations, recover from the Board an amount equal to the amount deducted.\n(7) The Treasury may make regulations providing that in circumstances prescribed in the regulations—\n(a) an individual who has made a payment in respect of a premium under a contract of private medical insurance shall cease to be and be treated as not having been entitled to relief under subsection (3) above; and\n(b) he or the person to whom the payment was made (depending on the terms of the regulations) shall account to the Board for tax from which relief has been given on the basis that the individual was so entitled.\n(8) Regulations under subsection (7) above may include provision adapting or modifying the effect of any enactment relating to income tax in order to secure the performance of any obligation imposed under paragraph (b) of that subsection.\n(9) In this section—\n(a) references to a premium, in relation to a contract of insurance, are to any amount payable under the contract to the insurer, and\n(b) references to an individual who is resident in the United Kingdom at anytime include references to an individual who is at that time performing duties which are treated by virtue of section 132(4)(a) of the Taxes Act 1988 as performed in the United Kingdom.\n\n55 Eligible contracts.\n(1) This section has effect to determine whether a contract is at a particular time (the relevant time) an eligible contract for the purposes of section 54 above.\n(2) A contract is an eligible contract at the relevant time if—\n(a) it was entered into by an insurer who at the time it was entered into was a qualifying insurer and was approved by the Board for the purposes of this section,\n(b) the period of insurance under the contract does not exceed one year(commencing with the date it was entered into),\n(ba) at the relevant time the contract satisfies the conditions set out in subsection (2A) below,\n(bb) the contract is not one in the case of which subsection (2D) below applies,\n(c) the contract is not connected with any other contract at the relevant time and has not been connected with any other contract at any time since it was entered into, and\n(d) no benefit has been provided by virtue of the contract other than an approved benefit, and\n(e) the contract meets one or more of the three conditions set out below.\n(2A) The conditions referred to in subsection (2)(ba) above are that—\n(a) the contract either provides indemnity in respect of all or any of the costs of all or any of the treatments, medical services and other matters for the time being specified in regulations made by the Treasury, or in addition to providing indemnity of that description provides cash benefits falling within rules for the time being so specified,\n(b) the contract does not confer any right other than such a right as is mentioned in paragraph (a) above or is for the time being specified in regulations made by the Treasury,\n(c) the premium under the contract is reasonable, and\n(d) the contract satisfies such other requirements as are for the time being specified in regulations made by the Treasury.\n(2B) In a case where—\n(a) at the relevant time the contract confers a material right, or more than one such right, but\n(b) the total cost to the insurer of providing benefits in pursuance of the material right or (as the case may be) in pursuance of all the material rights would not exceed the prescribed sum,\nthe contract shall not thereby be regarded as failing to satisfy at the relevant time the condition set out in subsection (2A)(b) above.\n(2C) For the purposes of subsection (2B) above a material right is a right which—\n(a) is not a right such as is mentioned in subsection (2A)(a) above or such as is for the time being specified in regulations made under subsection (2A)(b) above, and\n(b) is not a right to a cash benefit.\n(2D) This subsection applies in the case of a contract (the main contract) if—\n(a) at least one other contract is entered into which is a contract (a collateral contract) under which a benefit is provided in consideration of the insured’s entering into the main contract, and\n(b) the cost to the insurer of fulfilling his obligations under the collateral contract (or, if there is more than one collateral contract, of fulfilling his obligations under all of them) exceeds the prescribed sum.\n(3) The first condition is that the contract is certified by the Board under section 56 below at the relevant time.\n(4) The second condition is that, at the time the contract was entered into, it conformed with a standard form certified by the Board as a standard form of eligible contract.\n(5) The third condition is that, at the time the contract was entered into, it conformed with a form varying from a standard form so certified in no other respect than by making additions—\n(a) which were (at the time the contract was entered into) certified by the Board as compatible with an eligible contract when made to that standard form, and\n(b) which (at that time) satisfied any conditions subject to which the additions were so certified.\n(6) Where a contract is varied, and the relevant time falls after the time the variation takes effect, subsections (1) to (5) above shall have effect as if “entered into” read “varied” in each place where it occurs in subsections (4) and (5) above.\n(7) For the purposes of this section a contract is connected with another contract at any time if—\n(a) they are simultaneously in force at that time,\n(b) either of them was entered into with reference to the other, or with a view to enabling the other to be entered into on particular terms, or with a view to facilitating the other being entered into on particular terms, and\n(c) the terms on which either of them was entered into would have been significantly less favourable to the insured if the other had not been entered into.\n(8) For the purposes of this section each of the following is a qualifying insurer—\n(a) an insurer lawfully carrying on in the United Kingdom business of any of the classes specified in Part I of Schedule 2 to the Insurance Companies Act 1982;\n(b) an insurer not carrying on business in the United Kingdom but carrying on business in another member State and being either a national of a member State or a company or partnership formed under the law of any part of the United Kingdom or another member State and having its registered office, central administration or principal place of business in a member State.\n(9) For the purposes of this section a benefit is an approved benefit if it is provided in pursuance of a right of a description\n(a) mentioned in subsection (2A)(a) above, or\n(b) for the time being specified in regulations made under subsection (2A)(b) above.\n(10) For the purposes of this section a benefit is also an approved benefit if it is not a cash benefit and—\n(a) it is a single benefit provided otherwise than as mentioned in subsection (9) above and the cost to the insurer of providing it does not exceed the prescribed sum, or\n(b) it is one of a number of benefits provided otherwise than as mentioned in subsection (9) above and the total cost to the insurer of providing the benefits does not exceed the prescribed sum.\n(11) In this section the reference to a premium, in relation to a contract of insurance, is to any amount payable under the contract to the insurer.\n(12) For the purposes of this section the prescribed sum is £30.\n(13) The Treasury may by order substitute for the sum for the time being specified in subsection (12) above such sum as may be specified in the order; and any such substitution shall have effect in relation to cases where the relevant time falls on or after such date as is specified in the order.\n\n56 Certification of contracts.\n(1) The Board shall certify a contract under this section if it satisfies the conditions set out in subsection (3) below; and the certification shall be expressed to take effect from the time the conditions are satisfied, and shall take effect accordingly.\n(2) The Board shall revoke a certification of a contract under this section if it comes to their notice that the contract has ceased to satisfy the conditions set out in subsection (3) below; and the revocation shall be expressed to take effect from the time the conditions ceased to be satisfied, and shall take effect accordingly.\n(3) The conditions referred to above are that—\n(a) the contract either provides indemnity in respect of all or any of the costs of all or any of the treatments, medical services and other matters for the time being specified in regulations made by the Treasury, or in addition to providing indemnity of that description provides cash benefits falling within rules for the time being so specified,\n(b) the contract does not confer any right other than such a right as is mentioned in paragraph (a) above or is for the time being specified in regulations made by the Treasury,\n(c) the premium under the contract is in the Board’s opinion reasonable, and\n(d) the contract satisfies such other requirements as are for the time being specified in regulations made by the Treasury.\n(4) The certification of a contract by the Board under this section shall cease to have effect if the contract is varied; but this is without prejudice to the application of the preceding provisions of this section to the contract as varied.\n(5) Where the Board refuse to certify a contract under this section, or they revoke a certification, an appeal may be made to the Special Commissioners by—\n(a) the insurer, or\n(b) any person who (if the policy were certified) would be entitled to relief under section 54 above.\n(6) Where a contract is certified under this section, or a certification is revoked or otherwise ceases to have effect, any adjustments resulting from the certification or from its revocation or ceasing to have effect shall be made.\n(7) Subsection (6) above applies where a certification or revocation takes place on appeal as it applies in the case of any other certification or revocation.\n(8) In this section the reference to a premium, in relation to a contract of insurance, is to any amount payable under the contract to the insurer.\n\n57 Medical insurance: supplementary.\n(1) The Board may by regulations—\n(a) provide that a claim under section 54(3) or (6)(b) above shall be made in such form and manner, shall be made at such time, and shall be accompanied by such documents, as may be prescribed;\n(aa) make provision for and with respect to appeals against a decision of an officer of the Board or the Board with respect to a claim under section 54(6)(b) above;\n(b) make provision, in relation to payments in respect of which a person is entitled to relief under section 54 above, for the giving by insurers in such circumstances as may be prescribed of certificates of payment in such form as may be prescribed to such persons as may be prescribed;\n(c) provide that a person who provides (or has at any time provided) insurance under contracts of private medical insurance shall comply with any notice which is served on him by the Board and which requires him within a prescribed period to make available for the Board’s inspection documents (of a prescribed kind) relating to such contracts;\n(d) provide that persons of such a description as may be prescribed shall, within a prescribed period of being required to do so by the Board, furnish to the Board information (of a prescribed kind) about contracts of private medical insurance;\n(e) make provision with respect to the approval of insurers for the purposes of section 55 above and the withdrawal of approval for the purposes of that section;\n(f) make provision for and with respect to appeals against decisions of the Board with respect to the giving or withdrawal of approval of insurers for the purposes of section 55 above;\n(g) make provision with respect to the certification by the Board of standard forms of eligible contract and variations from standard forms of eligible contract certified by them;\n(h) make provision for and with respect to appeals against decisions of the Board with respect to the certification of standard forms of eligible contractor variations from standard forms of eligible contract certified by them;\n(i) provide that certification, or the revocation of a certification, under section 56 above shall be carried out in such form and manner as may be prescribed;\n(j) make provision with respect to appeals against decisions of the Board with respect to certification or the revocation of certification under section 56 above;\n(k) make provision generally as to administration in connection with sections 54 to 56 above.\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3) The following provisions of the Taxes Management Act 1970, namely—\n(a) section 29(1)(c) (excessive relief) as it has effect apart from section 29(2) to (10) of that Act;\n(b) section 30 (tax repaid in error etc.) apart from subsection (1B),\n(c) section 86 (interest), and\n(d) section 95 (incorrect return or accounts),\nshall apply in relation to an amount which is paid to any person by the Board as an amount recoverable by virtue of section 54(6)(b) above but to which that person is not entitled as if it were income tax which ought not to have been repaid and, where that amount was claimed by that person, as if it had been repaid as respects a chargeable period as a relief which was not due.\n(3A) In the application of section 86 of the Taxes Management Act 1970 by virtue of subsection (3) above in relation to sums due and payable by virtue of an assessment made under section 29(1)(c) or 30 of that Act, as applied by that subsection, the relevant date—\n(a) in a case where the person falling within section 54(6) above has made any interim claim, within the meaning of regulations made under subsection (1) and section 54(4) above, as respects some part of the year of assessment for which the assessment is made, is 1st January in that year of assessment; and\n(b) in any other case, is the later of the following dates, that is to say—\n(i) 1st January in the year of assessment for which the assessment is made; or\n(ii) the date of the making of the payment by the Board which gives rise to the assessment.\n(4) In sections . . . 257D(8) and 265(3) of the Taxes Act 1988 after paragraph (c) there shall be inserted “or\n(d) on account of any payments to which section 54(5) of the Finance Act 1989 applies”.\n(5) In subsection (1) above—\n  * “eligible contract” has the meaning given by section 55 above, and\n  * “prescribed” means prescribed by or, in relation to form, under the regulations.\n\nCharities\n\n58 Payroll deduction scheme.\n(1) In section 202(7) of the Taxes Act 1988 (which limits to £240 the deductions attracting relief) for “£240” there shall be substituted “£480”.\n(2) This section shall have effect for the year 1989-90 and subsequent years of assessment.\n\n59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n60 British Museum and Natural History Museum.\n(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nProfit-related pay, share schemes etc.\n\n61 Profit-related pay.\nSchedule 4 to this Act (which amends the provisions of the Taxes Act 1988 relating to profit-related pay) shall have effect.\n\n62 Savings-related share option schemes.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n63 Profit sharing schemes.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n64 Share option and profit sharing schemes: shares of consortium member.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n65 Employee share schemes: material interest.\nIn Schedule 9 to the Taxes Act 1988 the following paragraph shall be inserted after paragraph 39—\n“ Shares subject to an employee benefit trust\n40(1)Where an individual has an interest in shares or obligations of the company as a beneficiary of an employee benefit trust, the trustees shall not be regarded as associates of his by reason only of that interest unless sub-paragraph (3) below applies in relation to him.\n(2) In this paragraph “employee benefit trust” has the same meaning as in paragraph 7 of Schedule 8.\n(3) This sub-paragraph applies in relation to an individual if at any time on or after 14th March 1989—\n(a) the individual, either on his own or with any one or more of his associates, or\n(b) any associate of his, with or without other such associates,\nhas been the beneficial owner of, or able (directly or through the medium of other companies or by any other indirect means) to control, more than 25per cent., or in the case of a share option scheme which is not a savings-related share option scheme more than 10 per cent., of the ordinary share capital of the company.\n(4) Sub-paragraphs (9) to (12) of paragraph 7 of Schedule 8 shall apply for the purposes of this paragraph in relation to an individual as they apply for the purposes of that paragraph in relation to an employee.”\n\n66 Priority share allocations for employees etc.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nEmployee share ownership trusts\n\n67 Tax relief.\n(1) This section applies where—\n(a) a company expends a sum in making a payment by way of contribution to the trustees of a trust which is a qualifying employee share ownership trust at the time the sum is expended,\n(b) at that time, the company or a company which it then controls has employees who are eligible to benefit under the terms of the trust deed,\n(c) at that time the company is resident in the United Kingdom,\n(d) before the expiry of the expenditure period the sum is expended by the trustees for one or more of the qualifying purposes, and\n(e) before the end of the claim period a claim for relief under this section is made.\n(2) In such a case the sum—\n(a) shall be deducted in computing for the purposes of Schedule D the profits of a trade carried on by the company,\n(b) if the company is an investment company, shall be treated as expenses of management, or\n(c) if the company is a company in relation to which the I - E rules apply and the sum is referable, in accordance with Chapter 4 of Part 2 of the Finance Act 2012, to the company's basic life assurance and general annuity business, shall be treated for the purposes of section 76 of that Act as ordinary BLAGAB management expenses of the company.\n(3) For the purposes of subsection (1)(b) above, the question whether one company is controlled by another shall be construed in accordance with section840 of the Taxes Act 1988.\n(4) For the purposes of subsection (1)(d) above each of the following is a qualifying purpose—\n(a) the acquisition of shares in the company which established the trust;\n(b) the repayment of sums borrowed;\n(c) the payment of interest on sums borrowed;\n(d) the payment of any sum to a person who is a beneficiary under the terms of the trust deed;\n(e) the meeting of expenses.\n(5) For the purposes of subsection (1)(d) above the expenditure period is the period of nine months beginning with the day following the end of the period of account in which the sum is charged as an expense of the company, or such longer period as the Board may allow by notice given to the company.\n(6) For the purposes of subsection (1)(e) above the claim period is the period of two years beginning with the day following the end of the period of account in which the sum is charged as an expense of the company.\n(7) For the purposes of this section the trustees of an employee share ownership trust shall be taken to expend sums paid to them in the order in which the sums are received by them (irrespective of the number of companies making payments).\n\n68 Principal charges to tax.\n(1) This section applies where a chargeable event (within the meaning of section 69 below) occurs in relation to the trustees of an employee share ownership trust.\n(2) In such a case—\n(a) the trustees shall be treated as receiving, when the event occurs, income of an amount that is equal to the chargeable amount (within the meaning of section 70 below),\n(b) that income shall be chargeable to income tax for the year of assessment in which the event occurs,\n(ba) the tax so chargeable shall be charged on the full amount of the income the trustees are treated as receiving in the year of assessment , and\n(bb) the trustees are liable for any tax so chargeable, ...\n(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3) If the whole or any part of the tax assessed on the trustees is not paid before the expiry of the period of six months beginning with the day on which the assessment becomes final and conclusive, a notice of liability to tax under this subsection may be served on a qualifying company and the tax or the part unpaid (as the case may be) shall be payable by the company on service of the notice.\n(4) Where a notice of liability is served under subsection (3) above—\n(a) any interest which is due on the tax or the part (as the case may be) and has not been paid by the trustees, and\n(b) any interest accruing due on the tax or the part (as the case may be)after the date of service,\nshall be payable by the company.\n(5) Where a notice of liability is served under subsection (3) above and any amount payable by the company (whether on account of tax or interest) is not paid by the company before the expiry of the period of three months beginning with the date of service, the amount unpaid may be recovered from the trustees(without prejudice to the right to recover it instead from the company).\n(6) For the purposes of this section each of the following is a qualifying company—\n(a) the company which established the employee share ownership trust;\n(b) any company falling within subsection (7) below.\n(7) A company falls within this subsection if, before it is sought to serve a notice of liability on it under subsection (3) above—\n(a) it has paid a sum to the trustees, and\n(b) the sum has been deducted as mentioned in section 67(2)(a) above or treated as mentioned in section 67(2)(b) above.\n\n69 Chargeable events.\n(1) For the purposes of section 68 above each of the following is a chargeable event in relation to the trustees of an employee share ownership trust—\n(a) the transfer of securities by the trustees, if the transfer is not a qualifying transfer;\n(b) the transfer of securities by the trustees to persons who are at the time of the transfer beneficiaries under the terms of the trust deed, if the terms on which the transfer is made are not qualifying terms;\n(c) the retention of securities by the trustees at the expiry of the qualifying period beginning with the date on which they acquired them;\n(d) the expenditure of a sum by the trustees for a purpose other than a qualifying purpose.\n(e) where—\n(i) the trustees make a qualifying transfer within subsection (3AA) below for a consideration, and\n(ii) they do not, during the period specified in subsection (5A) below, expend a sum of not less than the amount of that consideration for one or more qualifying purposes,\nthe expiry of that period.\n(2) For the purposes of subsection (1)(a) above a transfer is a qualifying transfer if it is made to a person who at the time of the transfer is a beneficiary under the terms of the trust deed.\n(3) For the purposes of subsection (1)(a) above a transfer is also a qualifying transfer if—\n(a) it is made to the trustees of a scheme which at the time of the transfer is a profit sharing scheme approved under Schedule 9 to the Taxes Act 1988, and\n(b) it is made for a consideration which is not less than the price the securities might reasonably be expected to fetch on a sale in the open market.\n(3AA) For the purposes of subsection (1)(a) above a transfer is also a qualifying transfer if—\n(a) it is a transfer of relevant shares made to the trustees of the plan trust of a share incentive plan,\n(b) the plan is approved under Schedule 2 to the Income Tax (Earnings and Pensions) Act 2003 when the transfer is made, and\n(c) the consideration (if any) for which the transfer is made does not exceed the market value of the shares.\n(3AB) For the purpose of determining whether a transfer by the trustees is a qualifying transfer within subsection (3AA) above, where on or after 21st March 2000—\n(a) the trustees transfer or dispose of part of a holding of shares (whether by way of a qualifying transfer or otherwise), and\n(b) the holding includes any relevant shares,\nthe relevant shares shall be treated as transferred or disposed of before any other shares included in that holding.\nFor this purpose “ holding ” means any number of shares of the same class held by the trustees, growing or diminishing as shares of that class are acquired or disposed of.\n(3AC) For the purposes of subsections (3AA) and (3AB) above—\n  * “ market value ” has the same meaning as it has for the purposes of the SIP code (see paragraph 92 of Schedule 2 to the Income Tax (Earnings and Pensions) Act 2003); and\n  * “ relevant shares ” means—\n    (i) shares that are held by the trustees of the employee share ownership trust at midnight on 20th March 2000, and\n    (ii) shares purchased by those trustees with original funds after that time.\n(3AD) For the purposes of subsection (3AC) above—\n(a) “ original funds ” means any money held by the trustees of the employee share ownership trust in a bank or building society account at midnight on 20th March 2000, and\n(b) any payment made by the trustees after that time (whether to acquire shares or otherwise) shall be treated as made out of original funds (and not out of money received after that time) until those funds are exhausted.\n(3A) For the purposes of subsection (1)(a) above a transfer is also a qualifying transfer if it is made by way of exchange in circumstances mentioned in section 85(1) of the Capital Gains Tax Act 1979 or section 135(1) of the Taxation of Chargeable Gains Act 1992.\n(4) For the purposes of subsection (1)(b) above a transfer of securities is made on qualifying terms if—\n(a) all the securities transferred at the same time other than those transferred on a transfer such as is mentioned in subsection (4ZA) below are transferred on similar terms,\n(b) securities have been offered to all the persons who are beneficiaries under the terms of the trust deed by virtue of a rule which conforms with paragraph 4(2), (3) or (4) of Schedule 5 to this Act when the transfer is made, and\n(c) securities are transferred to all such persons who have accepted.\n(4ZA) For the purposes of subsection (1)(b) above a transfer of securities is also made on qualifying terms if—\n(a) it is made to a person exercising a right to acquire shares, and\n(b) that right was obtained in accordance with the provisions of an SAYE option scheme within the meaning of the SAYE code (see section 516(4) of the Income Tax (Earnings and Pensions) Act 2003)—\n(i) which was established by, or by a company controlled by, the company which established the trust, and\n(ii) which is approved under Schedule 3 to that Act, and\n(c) that right is being exercised in accordance with the provisions of that scheme, and\n(d) the consideration for the transfer is payable to the trustees.\n(4A) For the purposes of subsection (1)(c) above the qualifying period is—\n(a) seven years, in the case of trusts established on or before the day on which the Finance Act 1994 was passed;\n(b) twenty years, in the case of other trusts;\nand for this purpose a trust is established when the deed under which it is established is executed.\n(5) For the purposes of subsection (1)(d) or (e) above each of the following is a qualifying purpose—\n(a) the acquisition of shares in the company which established the trust;\n(b) the repayment of sums borrowed;\n(c) the payment of interest on sums borrowed;\n(d) the payment of any sum to a person who is a beneficiary under the terms of the trust deed;\n(e) the meeting of expenses.\n(5A) The period referred to in paragraph (e) of subsection (1) above is the period—\n(a) beginning with the qualifying transfer mentioned in that paragraph, and\n(b) ending nine months after the end of the period of account in which that qualifying transfer took place.\nFor this purpose the period of account means the period of account of the company that established the employee share ownership trust.\n(6) For the purposes of subsection (4) above, the fact that terms vary according to the levels of remuneration of beneficiaries, the length of their service, or similar factors, shall not be regarded as meaning that the terms are not similar.\n(7) In ascertaining for the purposes of this section whether particular securities are retained, securities acquired earlier by the trustees shall be treated as transferred by them before securities acquired by them later.\n(8) For the purposes of this section trustees—\n(a) acquire securities when they become entitled to them (subject to the exceptions in subsection (9) below);\n(b) transfer securities to another person when that other becomes entitled to them;\n(c) retain securities if they remain entitled to them.\n(9) The exceptions are these—\n(a) if securities are issued to trustees in exchange in circumstances mentioned in section 135(1) of the Taxation of Chargeable Gains Act 1992, they shall be treated as having acquired them when they became entitled to the securities for which they are exchanged;\n(b) if trustees become entitled to securities as a result of a reorganisation, they shall be treated as having acquired them when they became entitled to the original shares which those securities represent (construing “reorganisation” and “original shares” in accordance with section 126 of that Act).\n(10) If trustees agree to take a transfer of securities, for the purposes of this section they shall be treated as becoming entitled to them when the agreement is made and not on a later transfer made pursuant to the agreement.\n(11) If trustees agree to transfer securities to another person, for the purposes of this section the other person shall be treated as becoming entitled to them when the agreement is made and not on a later transfer made pursuant to the agreement.\n(12) For the purposes of this section the following are securities—\n(a) shares;\n(b) debentures.\n\n70 Chargeable amounts.\n(1) This section has effect to determine the chargeable amount for the purposes of section 68 above.\n(2) If the chargeable event falls within section 69(1)(a), (b) or (c) above the following rules shall apply—\n(a) if the event constitutes a disposal of the securities by the trustees for the purposes of the Taxation of Chargeable Gains Act 1992, the chargeable amount is an amount equal to the sums allowable under section 38(1)(a) and (b) of that Act;\n(b) if the event does not constitute such a disposal, the chargeable amount is an amount equal to the sums which would be so allowable had the trustees made a disposal of the securities for the purposes of that Act at the time the chargeable event occurs.\n(3) If the chargeable event falls within section 69(1)(d) above the chargeable amount is an amount equal to the sum concerned.\n(4) If the chargeable event falls within section 69(1)(e) above the chargeable amount is an amount equal to—\n(a) the amount of the consideration received for the qualifying transfer mentioned in section 69(1)(e) above, less\n(b) the amount of any expenditure by the trustees for a qualifying purpose during the period mentioned in section 69(5A) above.\n\n71 Further charges to tax: borrowing.\n(1) This section applies where—\n(a) a chargeable event (within the meaning of section 69 above) occurs in relation to the trustees of an employee share ownership trust,\n(b) at the time the event occurs anything is outstanding in respect of the principal of an amount or amounts borrowed at any time by the trustees, and\n(c) the chargeable event is one as regards which section 72(2)(b) below applies.\n(2) In the following provisions of this section—\n(a)“the initial chargeable event” means the event referred to in subsection (1)(a) above, and\n(b)“the total outstanding amount” means the total amount outstanding, at the time the initial chargeable event occurs, in respect of the principal of an amount or amounts borrowed at any time by the trustees.\n(3) If any of the total outstanding amount is repaid after the initial chargeable event occurs, a further chargeable event shall occur in relatio nto the trustees at the end of the year of assessment in which the repayment is made.\n(4) In such a case—\n(a) the trustees shall be treated as receiving, when the further event occurs, income of an amount that is equal to the chargeable amount,\n(b) that income shall be chargeable to income tax for the year of assessment at the end of which the further event occurs,\n(ba) the tax so chargeable shall be charged on the full amount of the income the trustees are treated as receiving in the year of assessment , and\n(bb) the trustees are liable for any tax so chargeable, ...\n(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(5) Subject to subsection (6) below, for the purposes of subsection (4) above the chargeable amount is an amount equal to the aggregate of the total outstanding amount repaid in the year of assessment.\n(6) In a case where section 72(2)(b) below had effect in the case of the initial chargeable event, for the purposes of subsection (4) above the chargeable amount is an amount equal to the smaller of—\n(a) the aggregate of the total outstanding amount repaid in the year of assessment, and\n(b) an amount found by applying the formula A-B-C.\n(7) For the purposes of subsection (6) above—\n(a) A is the amount which would be the chargeable amount for the initial chargeable event apart from section 72(2) below,\n(b) B is the chargeable amount for the initial chargeable event, and\n(c) C is the amount (if any) found under subsection (8) below.\n(8) If, before the further chargeable event occurs, one or more prior chargeable events have occurred in relation to the trustees by virtue of the prior repayment of any of the total outstanding amount found for the time the initial chargeable event occurs, the amount found under this subsection is an amount equal to the chargeable amount for the prior chargeable event or to the aggregate of the chargeable amounts for the prior chargeable events (as the case may be).\n(9) In a case where—\n(a) a chargeable event (within the meaning of section 69 above) occurs in relation to the trustees in circumstances mentioned in subsection (1) above,\n(b) a sum falls to be included in the total outstanding amount found for the time the event occurs,\n(c) another chargeable event (within the meaning of that section) occurs in relation to the trustees in circumstances mentioned in subsection (1) above, and\n(d) the same sum or a part of it would (apart from this subsection) fall to be included in the total outstanding amount found for the time the event occurs,\nthe sum or part (as the case may be) shall not be included in the total outstanding amount found for the time the other chargeable event occurs.\n(10) In ascertaining for the purposes of this section whether a repayment is in respect of a particular amount, amounts borrowed earlier shall be taken to be repaid before amounts borrowed later.\n(11) Subsections (3) to (7) of section 68 above shall apply where tax is assessed by virtue of this section as they apply where tax is assessed by virtue of that section.\n\n72 Limit on chargeable amount.\n(1) For the purposes of this section each of the following is a chargeable event in relation to the trustees of an employee share ownership trust—\n(a) an event which is a chargeable event by virtue of section 69 above;\n(b) an event which is a chargeable event by virtue of section 71 above.\n(2) If a chargeable event (the event in question) occurs in relation to the trustees of an employee share ownership trust, the following rules shall apply—\n(a) the amount which would (apart from this subsection) be the chargeable amount for the event in question shall be aggregated, for the purposes of paragraph (b) below, with the chargeable amounts for other chargeable events(if any) occurring in relation to the trustees before the event in question,\n(b) if the amount which would (apart from this subsection) be the chargeable amount for the event in question (or the aggregate found under paragraph (a)above, if there is one) exceeds the deductible amount, the chargeable amount for the event in question shall be the amount it would be apart from this subsection less an amount equal to the excess, and\n(c) section 70(2) and (3) and section 71(5) above shall have effect subject to paragraph (b) above.\n(3) For the purposes of subsection (2) above the deductible amount (as regards the event in question) is an amount equal to the total of the sums falling within subsection (4) below.\n(4) A sum falls within this subsection if it has been received by the trustees before the occurrence of the event in question and—\n(a) it has been deducted as mentioned in section 67(2)(a) above, or treated as mentioned in section 67(2)(b) above, before the occurrence of that event, or\n(b) it would fall to be so deducted or treated if a claim for relief under section 67 above had been made immediately before the occurrence of that event.\n\n73 Information.\n(1) An inspector may by notice in writing require a return to be made by the trustees of an employee share ownership trust if they have at any time received a sum which has been deducted as mentioned in section 67(2)(a) above or treated as mentioned in section 67(2)(b) above.\n(2) Where he requires such a return to be made the inspector shall specify the information to be contained in it.\n(3) The information which may be specified is information the inspector needs for the purposes of sections 68 to 72 above, and may include information about—\n(a) sums received (including sums borrowed) by the trustees;\n(b) expenditure incurred by them;\n(c) assets acquired by them;\n(d) transfers of assets made by them.\n(4) The information which may be required under subsection (3)(a) above may include the persons from whom the sums were received.\n(5) The information which may be required under subsection (3)(b) above may include the purpose of the expenditure and the persons receiving any sums.\n(6) The information which may be specified under subsection (3)(c) above may include the persons from whom the assets were acquired and the consideration furnished by the trustees.\n(7) The information which may be included under subsection (3)(d) above may include the persons to whom assets were transferred and the consideration furnished by them.\n(8) In a case where a sum has been deducted as mentioned in section 67(2)(a)above, or treated as mentioned in section 67(2)(b) above, the inspector shall send to the trustees to whom the payment was made a certificate stating—\n(a) that a sum has been so deducted or so treated, and\n(b) what sum has been so deducted or so treated.\n(9) In the Table in section 98 of the Taxes Management Act1970 (penalties for failure to comply with notices etc.) at the end of the first column there shall be inserted— “ Section 73 of the Finance Act 1989 ”.\n\n74 Interpretation.\nSchedule 5 to this Act shall have effect to determine whether, for the purposes of sections 67 to 73 above, a trust is at a particular time—\n(a) an employee share ownership trust;\n(b) a qualifying employee share ownership trust.\n\nPensions etc.\n\n75 Retirement benefits schemes.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n76 Non-approved retirement benefits schemes.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n77 Personal pension schemes.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nUnit trusts etc.\n\n78, 79.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n81 Offshore funds operating equalisation arrangements.\n(1) In section 758 of the Taxes Act 1988 (offshore funds operating equalisation arrangements) in subsection (6) (reference to section 78 of the Capital Gains Tax Act 1979 not to include reference to it as applied by section 82) for the words “but not” there shall be substituted the words “and a reference to section 78”.\n(2) This section shall apply where a conversion of securities occurs on or after 14th March 1989; and “conversion of securities” here has the same meaning as in section 82 of the Capital Gains Tax Act 1979.\n\nLife assurance\n\n82 Calculation of profits: bonuses etc\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n82ACalculation of profits: policy holders' tax\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n82BUnappropriated surplus on valuation\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n82CRelevant financial reinsurance contracts\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n82D.Treatment of profits: life assurance — adjustment consequent on change in Insurance Prudential Sourcebook\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n82E.Section 82D: treatment of transferors under insurance business transfer schemes\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n82F.Section 82D: treatment of transferees under insurance business transfer schemes\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n83 Receipts to be taken into account.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n83XAStructural assets\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n83YAChanges in value of assets brought into account: non-profit companies\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n83YBMeaning of “appropriate line 51 amount” for purposes of s.83YA\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n83YCFAFTS: charge in relevant period of account\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n83YDFAFTS: deduction in subsequent periods of account\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n83YERegulations: apportionment and redefining “financial reinsurance arrangement”\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n83YFFinancial reinsurance arrangements: further provision\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n83ZAContingent loans\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n83A Meaning of “brought into account”.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n83BChanges in recognised accounts: attribution of amounts carried forward under s.432F of Taxes Act 1988\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n83AA Amounts added to long term insurance fund of a company in excess of that company’s loss.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n83AB Treatment of surplus where there is a subsequent transfer of business from the company etc.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n84 Interpretation of sections 85 to 89 and further provisions about insurance companies.\n(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n85 Charge of certain receipts of basic life assurance business.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n85AExcess adjusted life assurance trade profits\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n86 Spreading of relief for acquisition expenses.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n87 Management expenses.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n88 Corporation tax: policy holders’ share of profits.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n88A Lower corporation tax rate on certain insurance company profits.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n89 Policy holders’ share of profits.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n89A Modification of sections 82 to 83A, 88 and 89 in relation to overseas life insurance companies.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n90 Life policies etc. held by companies.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n90AInterpretation\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nUnderwriters\n\n91 Premiums trust funds: stock lending.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n92 Regulations about underwriters etc.\n(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nSecurities\n\n93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n96 Securities: miscellaneous.\n(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nGroups of companies\n\n97 Set-off of ACT where companies remain in the same group.\n(1) In section 240 of the Taxes Act 1988 (set-off of company’s ACT against subsidiary’s liability to corporation tax) at the end of subsection (5)(set-off not to be made against subsidiary’s liability to corporation tax for any accounting period in which, or in any part of which, it was not a subsidiary of the surrendering company) there shall be added the words “unless throughout that period or part both companies were subsidiaries of a third company”.\n(2) This section shall have effect in relation to accounting periods ending on or after 14th March 1989.\n\n98 Restriction on set-off of ACT.\n(1) After section 245 of the Taxes Act 1988 there shall be inserted—\n\n245A“ Restriction on application of section 240 in certain circumstances.\n\n(1) This section applies if—\n(a) there is a change in the ownership of a company (“the relevant company”);\n(b) by virtue of section 240 the relevant company is treated as having paid an amount of advance corporation tax in respect of a distribution made by it at any time before the change; and\n(c) within the period of six years beginning three years before the change, there is a major change in the nature or conduct of a trade or business of the company which is for the purposes of section 240 the surrendering company in relation to that amount.\n(2) No advance corporation tax which the relevant company is treated by virtue of section 240 as having paid in respect of a distribution made by it in anaccounting period beginning before the change of ownership shall be treatedunder section 239(4) as paid by it in respect of distributions made in an accounting period ending after the change of ownership; and this subsection shall apply to an accounting period in which the change of ownership occurs as if the part ending with the change of ownership, and the part after, were two separate accounting periods.\n(3) Subsections (4) and (5) of section 245 shall apply also for the purposes of this section and as if the reference in subsection (4) of section 245 to the period of three years mentioned in subsection (1)(a) of that section were a reference to the period mentioned in subsection (1)(c) above.\n(4) Sections 768(8) and (9) and 769 shall apply also for the purposes of this section and as if in subsection (3) of section 769 the reference to the benefit of losses were a reference to the benefit of advance corporation tax.\n\n245B Restriction on set-off where asset transferred after change in ownership of company.\n\n(1) Subsection (4) below applies if—\n(a) there is a change in the ownership of a company (“the relevant company”);\n(b) any advance corporation tax paid by the relevant company in respect of distributions made by it in an accounting period beginning before the change is treated under section 239(4) as paid by it in respect of distributions made by it in an accounting period ending after the change;\n(c) after the change the relevant company acquires an asset from another company in such circumstances that section 273(1) of the Taxes Act 1970applies to the acquisition; and\n(d) a chargeable gain accrues to the relevant company on the disposal of the asset within the period of three years beginning with the change of ownership.\n(2) Subsection (1)(b) above shall apply to an accounting period in which the change of ownership occurs as if the part ending with the change of ownership, and the part after, were two separate accounting periods.\n(3) For the purposes of subsection (1)(d) above an asset acquired by the relevant company as mentioned in subsection (1)(c) above shall be treated as the same as an asset owned at a later time by that company if the value of the second asset is derived in whole or in part from the first asset, and in particular where the second asset is a freehold, and the first asset was a leasehold and the lessee has acquired the reversion.\n(4) In relation to the accounting period in which the chargeable gain accrues to the relevant company (“the relevant period”), section 239 shall have effect as if the limit imposed by subsection (2) of that section on the amount of advance corporation tax to be set against the relevant company’s liability to corporation tax were reduced by whichever is the lesser of—\n(a) the amount of advance corporation tax that would have been payable (apart from section 241) in respect of a distribution made at the end of the relevant period of an amount which, together with the advance corporation tax so payable in respect of it, is equal to the chargeable gain, and\n(b) the amount of surplus advance corporation tax in relation to the accounting period which by virtue of subsection (2) above is treated for the purposes of subsection (1)(b) above as ending with the change of ownership.\n(5) Sections 768(8) and (9) and 769 shall apply also for the purposes of this section and as if in subsection (3) of section 769 the reference to the benefit of losses were a reference to the benefit of advance corporation tax.”\n(2) This section shall have effect where the change in the ownership of the relevant company occurs on or after 14th March 1989.\n\n99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n100 Change in ownership of company.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n101 Treatment of convertible shares or securities for purposes relating togroup relief etc.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n102 Surrender of company tax refund etc. within group.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nClose companies\n\n103 Repeal of apportionment provisions.\n(1) Except as provided by subsection (2) below, Chapter III of Part XI of theTaxes Act 1988 (apportionment of undistributed income etc. of close companies)shall not have effect in relation to accounting periods beginning after 31stMarch 1989.\n(2) Section 427(4) of the Taxes Act 1988 (which gives relief to an individualwhere income apportioned to him in an earlier accounting period of a closecompany is included in a distribution received by him in a later accountingperiod), and section 427(5) of, and Part I of Schedule 19 to, that Act so faras they relate to section 427(4), shall continue to have effect in any casewhere the subsequent distribution referred to in section 427(4) is made before1st April 1992.\n\n104 Meaning of “close company”.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n105 Small companies’ rate not available to certain close companies.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n106 Restriction on payment of tax credits.\n(1) In section 231 of the Taxes Act 1988 (tax credits for certain recipientsof qualifying distributions) in subsection (3) after the words “made and”there shall be inserted the words “subject to subsections (3A) to (3D)below” and after that subsection there shall be inserted—\n“(3A)Subject to subsection (3B) below, where it appears to the inspector that,in any accounting period of a company at the end of which it is a closeinvestment-holding company—\n(a) arrangements relating to the distribution of the profits of the companyexist or have existed the main purpose of which or one of the main purposesof which is to enable payments, or payments of a greater amount, to be madeto any one or more individuals under subsection (3) above in respect of suchan excess as is mentioned in that subsection, and\n(b) by virtue of those arrangements, any eligible person—\n(i) receives a qualifying distribution consisting of a payment made by thecompany on the redemption, repayment or purchase of its own shares, or\n(ii) receives any other qualifying distribution in respect of shares in orsecurities of the company, where the amount or value of the distribution isgreater than might in all the circumstances have been expected but for thearrangements,\nthe entitlement of the eligible person to have paid to him undersubsection (3) above all or part of a tax credit in respect of anydistribution made by the company in the period shall be restricted to suchextent as appears to the inspector to be just and reasonable.\n(3B) Subsection (3A) above does not apply in relation to a tax credit inrespect of a dividend paid by a company in any accounting period in respectof its ordinary share capital if—\n(a) throughout the period, the company’s ordinary share capital consisted ofonly one class of shares, and\n(b) no person waived his entitlement to any dividend which would have becomepayable by the company in the period or failed to receive any dividend whichhad become due and payable to him by the company in the period.\n(3C) In subsection (3A) above—\n  * “arrangements” means arrangements of any kind whether inwriting or not,\n  * “close investment-holding company” has the meaning given bysection 13A, and\n  * “eligible person”, in relation to a qualifying distribution,means an individual resident in the United Kingdom who would (apart fromsubsection (3A) above) be entitled to have paid to him under subsection (3)above all or part of a tax credit in respect of the distribution.\n(3D) In determining under subsection (3) above whether a person is entitled tohave any excess of tax credit paid to him in a case where subsection (3A)above applies, tax credits shall be set against income tax in the order thatresults in the greatest payment in respect of the excess.”\n(2) This section shall have effect in relation to distributions made bycompanies in accounting periods beginning after 31st March 1989.\n\n107 Close companies: consequential amendments.\nSchedule 12 to this Act (in which Part I contains administrativeprovisions relating to close companies and Part II makes amendments connectedwith section 103 above) shall have effect.\n\nSettlements etc.\n\n108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n109 Settlements where settlor retains interest in settled property.\n(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n110 Residence of trustees.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n111 Residence of personal representatives.\n(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4) In section 824(9) of the Taxes Act 1988 (repayment supplements), for the words from “or, in” to “section 701)” there shall be substituted the words “or personal representatives (within the meaning of section 111 of the Finance Act 1989)”.\n(5)... this section shall apply for the year 1989-90 and subsequent years of assessment.\n(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nMiscellaneous\n\n112 Security: trades etc.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n113 Security: trades etc. (supplementary).\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n114 Relief for pre-trading expenditure.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n115 Double taxation: tax credits.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nChapter II Capital Allowances\n\n117–120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nCHAPTER III Capital Gains\n\nExemptions\n\n122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n123 Increase of chattel exemption.\n(1) In the following enactments, namely—\n(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(c) section 25(7) of that Act (information about assets disposed of),\nfor “£3,000”, in each place where it occurs, there shall besubstituted “£6,000”.\n(2) This section applies to disposals on or after 6th April 1989 andaccordingly, in relation to subsection (1)(b) above, to assets acquired on orafter that date.\n\nGifts\n\n124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nNon-residents etc.\n\n126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nValue shifting and groups of companies\n\n135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nMiscellaneous\n\n139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n140. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nCHAPTER IV Management\n\nInformation\n\n142 Power to call for documents and information.\n(1) Section 20 of the Taxes Management Act 1970 (power tocall for documents of taxpayer and others) shall be amended in accordance withsubsections (2) to (8) below.\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(5) Subsections (4) and (5) shall be omitted.\n(6) In subsection (6)—\n(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(b) the words “and in relation” onwards shall be omitted.\n(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(10) This section shall apply with respect to notices given on or after the day on which this Act is passed.\n\n143 Power to call for papers of tax accountant.\n(1) In section 20A of the Taxes Management Act 1970 (powerto call for papers of tax accountant) for the lasr sentence of subsection (1)there shall be substituted—\n“(1A)The reference to documents in subsection (1) above does not include—\n(a) personal records (as defined in section 12 of the Police and Criminal Evidence Act 1984), or\n(b) journalistic material (as defined in section 13 of that Act).\n(1B) Subject to subsection (1A) above, the reference to documents in subsection(1) above is to those specified or described in the notice in question;and—\n(a) the notice shall require documents to be delivered within such time (whichshall not be less than thirty days after the date of the notice) as may bespecified in the notice; and\n(b) the inspector may take copies of them or of extracts from them.”\n(2) This section shall apply with respect to notices given on or after the dayon which this Act is passed.\n\n144 Restrictions on powers under TMA ss.20 and 20A.\n(1) Section 20B of the Taxes Management Act 1970(restrictions on powers under sections 20 and 20A) shall be amended as follows.\n(2) In subsection (1), after the word “question” there shall be inserted the words “, or to furnish the particulars in question”.\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4) In subsection (2), after the words “deliver documents”, in the first place where they occur, there shall be inserted the words “or furnish particulars”.\n(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(6) In subsection (7), the words from “to a person” to “daughter”shall be omitted.\n(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(8) This section shall apply with respect to notices given on or after the day on which this Act is passed.\n\n145 Falsification etc. of documents.\n(1) After section 20B of the Taxes Management Act 1970there shall be inserted—\n\n“20BB Falsification etc. of documents.\n\n(1) Subject to subsections (2) to (4) below, a person shall be guilty of anoffence if he intentionally falsifies, conceals, destroys or otherwisedisposes of, or causes or permits the falsification, concealment, destructionor disposal of, a document which—\n(a) he has been required by a notice under section 20 or 20A above, or\n(b) he has been given an opportunity in accordance with section 20B(1) above,\nto deliver, or to deliver or make available for inspection.\n(2) A person does not commit an offence under subsection (1) above if heacts—\n(a) with the written permission of a General or Special Commissioner, theinspector or an officer of the Board,\n(b) after the document has been delivered or, in a case within section 20(3)or (8A) above, inspected, or\n(c) after a copy has been delivered in accordance with section 20B(4) or (14)above and the original has been inspected.\n(3) A person does not commit an offence under subsection (1)(a) above if heacts after the end of the period of two years beginning with the date on whichthe notice is given, unless before the end of that period the inspector or anofficer of the Board has notified the person in writing that the notice hasnot been complied with to his satisfaction.\n(4) A person does not commit an offence under subsection (1) (b) above if heacts—\n(a) after the end of the period of six months beginning with the date on whichan opportunity to deliver the document was given, or\n(b) after an application for consent to a notice being given in relation tothe document has been refused.\n(5) A person guilty of an offence under subsection (1) above shall beliable—\n(a) on summary conviction, to a fine not exceeding the statutory maximum;\n(b) on conviction on indictment, to imprisonment for a term not exceeding twoyears or to a fine or to both.”\n(2) This section shall apply to any falsification, concealment, destructionor disposal of a document occurring on or after the day on which this Act ispassed.\n\n146 Entry with warrant to obtain documents.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n147 Procedure where documents etc. are removed.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n148 Interpretation.\n(1) Section 20D of the Taxes Management Act 1970 shall beamended as follows.\n(2) In subsection (2), for the words “of returns or accounts to be made ordelivered by the other” there shall be substituted the words “or deliveryof any information, return, accounts or other document which he knows will be,or is or are likely to be, used”.\n(3) For subsection (3) there shall be substituted—\n“(3)Without prejudice to section 127 of the Finance Act1988, in sections 20 to 20CC above “document” has, subject to sections 20(8C) and 20A(1A), thesame meaning as it has—\n(a) in relation to England and Wales, in Part I of the Civil Evidence Act 1968,\n(b) in relation to Scotland, in Part III of the Law Reform(Miscellaneous Provisions) (Scotland) Act 1968, and\n(c) in relation to Northern Ireland, in Part I of the Civil Evidence Act (Northern Ireland) 1971.”\n(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nAssessments, claims etc.\n\n149 Assessments founded on fraudulent or negligent conduct.\n(1) The following section shall be substituted for section 36 of the Taxes Management Act 1970—\n\n“36 Fraudulent or negligent conduct.\n\n(1) An assessment on any person (in this section referred to as “the person in default”) for the purpose of making good to the Crown a loss of tax attributable to his fraudulent or negligent conduct or the fraudulent or negligent conduct of a person acting on his behalf may be made at any time not later than twenty years after the end of the chargeable period to which the assessment relates.\n(2) Where the person in default is an individual who carried on a trade or profession in partnership with another individual, or with other persons at least one of whom is an individual, at any time in the year for which the assessment is made, an assessment in respect of the profits or gains of the trade or profession for the purpose mentioned in subsection (1) above may be made not only on the person in default but also on his partner or, as the case may be, on any of his partners who is an individual.\n(3) If the person on whom the assessment is made so requires, in determining the amount of the tax to be charged for any chargeable period in any assessment made for the purpose mentioned in subsection (1) above, effect shall be given to any relief or allowance to which he would have been entitled for that chargeable period on a claim or application made within the time allowed by the Taxes Acts.”\n(2) Sections 37 to 39 (special provisions as to “neglect”) and section41 (leave required for certain assessments) of the Taxes Management Act 1970shall cease to have effect.\n(3) The words “section 36” shall be substituted—\n(a) for the words “sections 36, 37 and 39” in section 30(6) of the Taxes Management Act 1970 (tax repaid in error etc.),\n(b) for the words “sections 37 to 39” in section 118(3) of that Act (effect under law of Scotland of assessment in partnership name),\n(c) for the words “sections 36 and 39” in paragraph 10(1) of Schedule 13to the Taxes Act 1988 (assessments to advance corporation tax), and\n(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4) The words “ fraudulent or negligent conduct ” shall be substituted—\n(a) for the words “fraud, wilful default or neglect” in—\n(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(iii) paragraph 9 of Schedule 16A to the Finance Act 1973and of Schedule 19A to the Taxes Act 1988 (Lloyd’s), and\n(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(5) In section 105 of the Taxes Management Act 1970 (admissibility of evidence), for the words “fraud or default” and the words “fraud or wilful default” there shall be substituted the words “fraudulent conduct”.\n(6) In paragraph 9 of Schedule 16A to the Finance Act 1973 and of Schedule 19Ato the Taxes Act 1988, for “37, 40 and 41” there shall be substituted “and 40”.\n(7) Nothing in this section shall affect the making of assessments—\n(a) for years of assessment before the year 1983-84, or\n(b) for accounting periods which ended before 1st April 1983.\n\n150 Further assessments: claims etc.\n(1) The following sections shall be inserted after section 43 of the TaxesManagement Act 1970—\n\n“43A Further assessments: claims etc.\n\n(1) This section applies where—\n(a) by virtue of section 29(3) of this Act an assessment is made on any personfor a chargeable period, and\n(b) the assessment is not made for the purpose of making good to the Crown anyloss of tax attributable to his fraudulent or negligent conduct or thefraudulent or negligent conduct of a person acting on his behalf.\n(2) Without prejudice to section 43(2) above but subject to section 43B below,where this section applies—\n(a) any relevant claim, election, application or notice which could have beenmade or given within the time allowed by the Taxes Acts may be made or givenat any time within one year from the end of the chargeable period in which theassessment is made, and\n(b) any relevant claim, election, application or notice previously made orgiven may at any such time be revoked or varied—\n(i) in the same manner as it was made or given, and\n(ii) by or with the consent of the same person or persons who made, gave orconsented to it (or, in the case of any such person who has died, by or withthe consent of his personal representatives),\nexcept where by virtue of any enactment it is irrevocable.\n(3) For the purposes of this section and section 43B below, a claim, election,application or notice is relevant in relation to an assessment for achargeable period if—\n(a) it relates to that chargeable period or is made or given by reference toan event occurring in that chargeable period, and\n(b) it or, as the case may be, its revocation or variation has or could havethe effect of reducing any of the liabilities mentioned in subsection (4)below.\n(4) The liabilities referred to in subsection (3) above are—\n(a) the increased liability to tax resulting from the assessment,\n(b) any other liability to tax of the person concerned for—\n(i) the chargeable period to which the assessment relates, or\n(ii) any chargeable period which follows that chargeable period and ends notlater than one year after the end of the chargeable period in which theassessment is made.\n(5) Where a claim, election, application or notice is made, given, revoked orvaried by virtue of subsection (2) above, all such adjustments shall be made,whether by way of discharge or repayment of tax or the making of assessmentsor otherwise, as are required to take account of the effect of the taking ofthat action on any person’s liability to tax for any chargeable period.\n(6) The provisions of this Act relating to appeals against decisions on claimsshall apply with any necessary modifications to a decision on the revocationor variation of a claim by virtue of subsection (2) above.\n\n43B Limits on application of section 43A.\n\n(1) If the effect of the exercise by any person of a power conferred bysection 43A(2) above—\n(a) to make or give a claim, election, application or notice, or\n(b) to revoke or vary a claim, election, application or notice previously madeor given,\nwould be to alter the liability to tax of another person, that power maynot be exercised except with the consent in writing of that other person or,where he has died, his personal representatives.\n(2) Where—\n(a) a power conferred by subsection (2) of section 43A above is exercised inconsequence of an assessment made on a person, and\n(b) the exercise of the power increases the liability to tax of anotherperson,\nthat section shall not apply by reason of any assessment made because ofthat increased liability.\n(3) In any case where—\n(a) one or more relevant claims, elections, applications or notices are made,given, revoked or varied by virtue of the application of section 43A above inthe case of an assessment, and\n(b) the total of the reductions in liability to tax which, apart from thissubsection, would result from the action mentioned in paragraph (a) abovewould exceed the additional liability to tax resulting from the assessment,\nthe excess shall not be available to reduce any liability to tax.\n(4) Where subsection (3) above has the effect of limiting either the reductionin a person’s liability to tax for more than one period or the reduction inthe liability to tax of more than one person, the limited amount shall beapportioned between the periods or persons concerned—\n(a) except where paragraph (b) below applies, in such manner as may bespecified by the inspector by notice in writing to the person or personsconcerned, or\n(b) where the person concerned gives (or the persons concerned jointly give)notice in writing to the inspector within the relevant period, in such manneras may be specified in the notice given by the person or persons concerned.\n(5) For the purposes of paragraph (b) of subsection (4) above the relevantperiod is the period of 30 days beginning with the day on which notice underparagraph (a) of that subsection is given to the person concerned or, wheremore than one person is concerned, the latest date on which such notice isgiven to any of them.”\n(2) This section shall apply in relation to any assessment notice of which isissued on or after the day on which this Act is passed.\n\n151 Assessment of trustees etc.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nDistress and poinding etc.\n\n152 Distress for non-payment of tax.\n(1) Section 61 of the Taxes Management Act 1970 (distress)shall be amended as follows.\n(2) In subsection (1), for the words “the collector shall” onwards thereshall be substituted the words “the collector may distrain upon the goods and chattels of the personcharged (in this section referred to as “the person indefault”).”\n(3) In subsection (2), for the words from “a collector” to “Commissioners” there shall be substituted the words “a justice of thepeace, on being satisfied by information on oath that there is reasonableground for believing that a person is neglecting or refusing to pay a sumcharged, may issue a warrant in writing authorising a collector to”.\n(4) In subsection (4), for the words “neglecting or refusing to pay”there shall be substituted the words “in default”.\n(5) In subsection (5)—\n(a) for the word “aforesaid” there shall be substituted the words “indefault”,\n(b) the words “within the said five days” shall be omitted,\n(c) for the words from “two or more inhabitants of the parish” to “sufficient persons” there shall be substituted the words “one or moreindependent persons appointed by the collector”, and\n(d) the words from “The costs” to “the collector, and” shall beomitted.\n(6) The following subsection shall be added after that subsection—\n“(6)The Treasury may by regulations make provision with respect to—\n(a) the fees chargeable on or in connection with the levying of distress, and\n(b) the costs and charges recoverable where distress has been levied;\nand any such regulations shall be made by statutory instrument whichshall be subject to annulment in pursuance of a resolution of the House ofCommons.”\n(7) This section shall come into force on such day as the Treasury may byorder made by statutory instrument appoint.\n\n153 Priority in cases of distraint by others.\n(1) Section 62 of the Taxes Management Act 1970 (priorityof claim for tax) shall be amended as follows.\n(2) In subsection (1)—\n(a) for the words from the beginning to “shall be” there shall besubstituted the words “If at any time at which any goods or chattelsbelonging to any person (in this section referred to as “the personin default”) are”,\n(b) for the word “unless” there shall be substituted the words “theperson in default is in arrears in respect of any such sums as are referredto in subsection (1A) below, the goods or chattels may not be so taken unlesson demand made by the collector”, and\n(c) for the words “arrears of tax” onwards there shall be substituted thewords “such sums as have fallen due at or before the date of seizure.”\n(3) The following subsection shall be inserted after that subsection—\n“(1A)The sums referred to in subsection (1) above are—\n(a) sums due from the person in default on account of deductions of income taxfrom emoluments paid during the period of twelve months next before the dateof seizure, being deductions which the person in default was liable to makeunder section 203 of the principal Act (pay as you earn) less the amount ofthe repayments of income tax which he was liable to make during that period;and\n(b) sums due from the person in default in respect of deductions required tobe made by him for that period under section 559 of the principal Act(sub-contractors in the construction industry).”\n(4) In subsection (2)—\n(a) for the words from the beginning to “the collector shall” there shallbe substituted the words “If the sums referred to in subsection (1) aboveare not paid within ten days of the date of the demand referred to in thatsubsection, the collector may”,\n(b) for the words “shall proceed” there shall be substituted the words “may proceed”, and\n(c) for the words “the tax charged and claimed” there shall besubstituted the words “those sums”.\n\n154 Recovery of tax from debtor in Scotland.\n(1) Section 63 of the Taxes Management Act 1970 (recoveryof tax in Scotland) shall be amended as follows.\n(2) In subsection (3), for the words “which relates to” onwards thereshall be substituted the words “insofar as it relates to sums due in respect of—\n(a) deductions of income tax which any person specified in the application wasliable to make under section 203 of the principal Act (pay as you earn); or\n(b) deductions required to be made under section 559 of the principal Act(sub-contractors in the construction industry) by any person specified in theapplication.”\n(3) The following subsection shall be added after that subsection—\n“(4)In this section references to amounts of tax due and references to sumsdue in respect of deductions include references to amounts which are deemedto be—\n(a) amounts of tax which the person is liable to pay by virtue of the Income Tax (Employments) Regulations 1973; or\n(b) amounts which the person is liable to pay by virtue of the Income Tax(Sub-Contractors in the Construction Industry)Regulations 1975.”\n\n155 Priority in cases of poinding etc. by others in Scotland.\n(1) Section 64 of the Taxes Management Act 1970 (priority of claim for tax inScotland) shall be amended as follows.\n(2) In subsection (1)—\n(a) for the words from the beginning to “shall be” there shall besubstituted the words “If at any time at which any moveable goods andeffects belonging to any person (in this section referred to as “theperson in default”) are”,\n(b) for the word “unless” there shall be substituted the words “theperson in default is in arrears in respect of any such sums as are referredto in subsection (1A) below, the goods and effects may not be so taken unlesson demand made by the collector”, and\n(c) for the words “the tax so in arrear” onwards there shall besubstituted the words “such sums as have fallen due at or before the dateof poinding or, as the case may be, other diligence or assignation.”\n(3) The following subsection shall be inserted after that subsection—\n“(1A)The sums referred to in subsection (1) above are—\n(a) sums due from the person in default on account of deductions of income taxfrom emoluments paid during the period of twelve months next before the dateof poinding, being deductions which the person in default was liable to makeunder section 203 of the principal Act (pay as you earn) less the amount ofthe repayments of income tax which he was liable to make during that period;and\n(b) sums due from the person in default in respect of deductions required tobe made by him for that period under section 559 of the principal Act(sub-contractors in the construction industry).”\n(4) In subsection (2)—\n(a) for the words from the beginning to “the tax claimed shall” thereshall be substituted the words “If the sums referred to in subsection (1)above are not paid within ten days of the date of the demand referred to inthat subsection, the sums shall”, and\n(b) for the words “proceeding at his instance” there shall be substitutedthe word “proceedings”.\n\nInterest etc.\n\n156 Interest on overdue tax.\n(1) In section 86 of the Taxes Management Act 1970, forsubsection (3) and the words in subsection (4) preceding the Table there shallbe substituted—\n“(3)For the purposes of this section—\n(a) the reckonable date in relation to any tax charged by an assessment toincome tax under Schedule E, and\n(b) subject to subsection (3A) below, the reckonable date in relation to taxcharged by any other assessment to which this section applies,\nis the date on which the tax becomes due and payable.\n(3A) Where an appeal has been made against an assessment and any of the taxcharged by the assessment is due and payable on a date later than the dategiven by the Table in subsection (4) below, the reckonable date in relationto the tax so due and payable is the later of—\n(a) the date given by that Table, and\n(b) the date on which the tax would have been due and payable if there hadbeen no appeal against the assessment (assuming in a case where the tax wouldnot have been charged by the assessment if there had been no appeal that itwas so charged).\n(4) The Table referred to in subsection (3A) above is asfollows—”.\n(2) In section 55 of that Act—\n(a) in subsection (2), for the words “it were” onwards there shall besubstituted the words “there had been no appeal.”,\n(b) in subsection (6), for paragraphs (a) and (b) there shall besubstituted—\n“(a)in the case of a determination made on an application under subsection (3)above, other than an application made by virtue of subsection (3A) above, thedate on which any tax the payment of which is not so postponed is due andpayable shall be determined as if the tax were charged by an assessment noticeof which was issued on the date of that determination and against which therehad been no appeal; and\n(b) in the case of a determination made on an application under subsection (4)above—\n(i) the date on which any tax the payment of which ceases to be so postponedis due and payable shall be determined as if the tax were charged by anassessment notice of which was issued on the date of that determination andagainst which there had been no appeal; and\n(ii) any tax overpaid shall be repaid.”and\n(c) for subsection (9) there shall be substituted—\n“(9)On the determination of the appeal—\n(a) the date on which any tax payable in accordance with that determinationis due and payable shall, so far as it is tax the payment of which had beenpostponed, or which would not have been charged by the assessment if there hadbeen no appeal, be determined as if the tax were charged by anassessment—\n(i) notice of which was issued on the date on which the inspector issues tothe appellant a notice of the total amount payable in accordance with thedetermination, and\n(ii) against which there had been no appeal; and\n(b) any tax overpaid shall be repaid.”\n(3) In section 56(9) of that Act, for the words “amount of” there shallbe substituted the words “amount charged by”.\n(4) This section shall apply to tax charged by any assessment notice of whichis issued after 30th July 1982.\n\n157 Effect of certain claims on interest.\n(1) In relation to any tax charged by an assessment made under section 252(1)of the Taxes Act 1988 to recover corporation tax that becomes payable as aresult of the making of a claim under section 240 of that Act, the reckonabledate for the purposes of section 86 of the Taxes ManagementAct 1970 (in this section referred to as “section 86”) is the date which is given by paragraph 5 ofthe Table in subsection (4) of that section.\n(2) Subsections (3) and (4) below apply in any case where—\n(a) there is in any accounting period of a company (in this section referredto as “the later period”) an amount of surplus advance corporationtax, as defined in subsection (3) of section 239 of the Taxes Act 1988, and\n(b) pursuant to a claim under the said subsection (3), the whole or any partof that amount is treated for the purposes of the said section 239 asdischarging liability for an amount of corporation tax for an earlieraccounting period (in this section referred to as “the earlier period”), and\n(c) if the claim under the said subsection (3) had not been made—\n(i) an amount of corporation tax assessed for the earlier period would carryinterest in accordance with section 86, or\n(ii) an assessment could have been made under section 252(1) of that Act torecover corporation tax for the earlier period.\n(3) In determining the amount of interest payable under section 86 oncorporation tax unpaid for the earlier period, no account shall be taken ofany reduction in the amount of that tax which results from section 239(3) ofthe Taxes Act 1988 except so far as concerns interest for any time after theday following the expiry of nine months from the end of the later period.\n(4) Where, but for the claim under section 239(3) of the Taxes Act 1988, anassessment could have been made under section 252(1) of that Act to recovercorporation tax for the earlier period, interest under section 86 shall bechargeable, in relation to any time not later than the day referred to insubsection (3) above, as if the claim had not been made and such an assessmenthad been made.\n(5) In relation to interest charged under section 86 by virtue of subsection(4) above, section 69 of the Taxes Management Act 1970shall have effect with the substitution for the words following paragraph (c)of the words “as if it were tax charged and due and payable under anassessment”.\n(6) In this section—\n(a) subsection (1) above shall have effect where the claim under 240 of theTaxes Act 1988 is made on or after 14th March 1989, and\n(b) subsections (2) to (5) above shall have effect where the claim undersection 239(3) of that Act is made on or after that date,\nbut this section shall not have effect in relation to corporation tax forany accounting period ending after the day which is the appointed day for thepurposes of section 85 of the Finance (No.2) Act 1987.\n\n158 Small amounts of interest.\n(1) In the Taxes Management Act 1970—\n(a) section 86(6) (remission of interest payable on overdue income tax,capital gains tax or corporation tax where interest would not exceed£30), and\n(b) section 87(4) (no interest payable on overdue advance corporation tax orincome tax on company payments where interest would not exceed £30),\nshall cease to have effect.\n(2) The words “of not less than £25” in—\n(a)[section 283(1) of the Taxation of Chargeable Gains Act 1992] (norepayment supplement where overdue repayment of capital gains tax less than£25), and\n(b) section 824(1)(a) and (b) and (5) of the Taxes Act 1988 (no repaymentsupplement where overdue repayment of income tax etc. less than £25),\nand the words “of not less than £100” in section 825(2) of theTaxes Act 1988 (no repayment supplement where overdue repayment of company taxless than £100) shall cease to have effect.\n(3) Paragraph (a) of subsection (1) above shall have effect—\n(a) in relation to income tax under Schedule E, where the demand for the taxis made on or after the appointed day, and\n(b) in any other case, where the tax is charged by an assessment notice ofwhich is issued on or after the appointed day.\n(4) Paragraph (b) of that subsection shall have effect where the tax ischarged by an assessment relating to an accounting period beginning on orafter the appointed day.\n(5) Subsection (2) above shall have effect in relation to repayments of taxmade on or after the appointed day.\n(6) In this section “the appointed day” means such day as theTreasury may by order made by statutory instrument appoint; and different daysmay be appointed for different enactments or for different purposes of thesame enactment.\n\n159 Interest on tax in case of failure or error.\n(1) Section 88 of the Taxes Management Act 1970 (intereston tax recovered to make good loss due to taxpayer’s fault) shall be amendedas follows.\n(2) In subsection (1), for the words “the fraud, wilful default or neglectof any person” there shall be substituted the words—\n“(a)a failure to give a notice, make a return or produce or furnish a documentor other information required by or under the Taxes Acts, or\n(b) an error in any information, return, accounts or other document deliveredto an inspector or other officer of the Board,”.\n(3) The following subsection shall be added at the end—\n“(7)In paragraph (a) of subsection (1) above the reference to a failure to dosomething includes, in relation to anything required to be done at aparticular time or within a particular period, a reference to a failure to doit at that time or within that period; and, accordingly, section 118(2) ofthis Act shall not apply for the purposes of that paragraph.”\n(4) This section shall have effect in relation to failures occurring, anderrors in any information or documents delivered, on or after the day on whichthis Act is passed.\n\n160 Determinations under TMA s. 88.\n(1) In subsection (1) of section 88 of the Taxes Management Act 1970, for thewords “shall carry” there shall be substituted the words “shall, if aninspector or the Board so determine, carry”.\n(2) The following section shall be inserted after that section—\n\n88A“ Determinations under section 88.\n\n(1) Notice of a determination under section 88 above shall be served on theperson liable to pay the interest to which it relates and shall specify—\n(a) the date on which it is issued,\n(b) the amount of the tax which carries interest and the assessment by whichthat tax was charged,\n(c) the date when for the purposes of section 88 above that tax ought to havebeen paid, and\n(d) the time within which an appeal against the determination may be made.\n(2) After the notice of a determination under section 88 above has been servedthe determination shall not be altered except in accordance with this section.\n(3) A determination under section 88 above may be made at any time—\n(a) within six years after the end of the chargeable period for which the taxcarrying the interest is charged (or, in the case of development land tax, ofthe financial year in which the liability for that tax arose), or\n(b) within three years after the date of the final determination of the amountof that tax.\n(4) An appeal may be brought against a determination under section 88 aboveand, subject to the following provisions of this section, the provisions ofthis Act relating to appeals shall have effect in relation to an appealagainst such a determination as they have effect in relation to an appealagainst an assessment to tax.\n(5) On an appeal against a determination under section 88 above section 50(6)to (8) of this Act shall not apply but the Commissioners may—\n(a) if it appears to them that the tax carries no interest under that section,set the determination aside,\n(b) if the determination appears to them to be correct, confirm thedetermination, or\n(c) if the determination appears to them to be incorrect as to the amount oftax or the date on which the tax ought to have been paid, revise thedetermination accordingly.”\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4) In section 113 of that Act (form of documents), the following subsectionshall be inserted after subsection (1B)—\n“(1C)Where an officer of the Board has decided that an amount of tax carriesinterest under section 88 of this Act and has taken the decisions needed forarriving at the date when for the purposes of that section that tax ought tohave been paid, he may entrust to any other officer of the Boardresponsibility for completing the determination procedure, whether by meansinvolving the use of a computer or otherwise, including responsibility forserving notice of the determination on the person liable to the interest.”\n(5) In section 114 of that Act (want of form not to invalidate), after theword “assessment”, in each place where it occurs, there shall be insertedthe words “or determination”.\n(6) In paragraph 5 of Schedule 3 to that Act (rules for assigning proceedingsto Commissioners), the following entry shall be inserted in the first columnafter the entry relating to an appeal against an assessment to capital gainstax— “ An appeal against a determination under section 88 of this Act. ”\n\n161 Tax carrying interest under TMA ss. 86 and 88.\nThe following subsection shall be substituted for section 88(3) of the Taxes Management Act 1970—\n“(3)Where it is finally determined that any tax carries interest under thissection, the tax shall carry no interest under section 86 or 86A above (and,accordingly, any interest under either of those sections which has been paidbefore the final determination shall be set off against the amount of theinterest under this section); and for the purposes of this subsection adetermination that tax carries interest is not final until it can no longerbe varied, whether by any Commissioners on appeal or by the order of anycourt.”\n\nPenalties\n\n162 Failure to make return.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n163 Incorrect return, accounts etc.\n(1) In—\n(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(b) section 96(1) of that Act (incorrect return etc. for corporation tax),\nfor the words “the aggregate” onwards there shall be substituted thewords “the amount of the difference specified in subsection (2) below.”\n(2) This section shall apply in relation to returns, statements, declarationsor accounts delivered, made or submitted on or after the day on which this Actis passed.\n\n164 Special returns, information etc.\n(1) Section 98 of the Taxes Management Act 1970 (special returns, information etc.) shall be amended as follows.\n(2) In subsection (1) (initial and daily penalties)—\n(a) for the word “Where” there shall be substituted the words “Subject to section 98A below, where”, and\n(b) for the words “subsection (3)” onwards there shall be substituted the words “subsections (3) and (4) below—\n(i) to a penalty not exceeding £300, and\n(ii) if the failure continues after a penalty is imposed under paragraph (i)above, to a further penalty or penalties not exceeding £60 for each dayon which the failure continues after the day on which the penalty under paragraph (i) above was imposed (but excluding any day for which a penalty under this paragraph has already been imposed).”\n(3) In subsection (2) (maximum penalty for information given fraudulently or negligently)—\n(a) for the word “Where” there shall be substituted the words “Subject to section 98A below, where”, and\n(b) for the words “ £250, or, in the case of fraud, £500”there shall be substituted “ £3,000”.\n(4) The following subsections shall be substituted for subsection (3)—\n“(3)No penalty shall be imposed under subsection (1) above in respect of a failure within paragraph (a) of that subsection at any time after the failure has been remedied.\n(4) No penalty shall be imposed under paragraph (ii) of subsection (1) above in respect of a failure within paragraph (b) of that subsection at any time after the failure has been remedied.”\n(5) In the Table—\n(a) in the first column, in the entry relating to Part III of the Taxes Management Act 1970, the words “, except sections 16 and 24(2)” shall be omitted;\n(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(c) the entry relating to section 481(5)(k) of that Act shall be omitted from the first column and an entry relating to section 482(2) of that Act shall be inserted at the appropriate place in the second column.\n(6) In consequence of the amendment made by subsection (5)(a) above section16(6) of the Taxes Management Act 1970 shall cease to have effect.\n(7) This section shall apply in relation to—\n(a) any failure to comply with a notice or to furnish information, give a certificate or produce a document or record beginning on or after the day on which this Act is passed, and\n(b) the furnishing, giving, producing or making of any incorrect information, certificate, document, record or declaration on or after that day.\n\n165 Special penalties in the case of certain returns.\n(1) The following section shall be inserted after section 98 of the TaxesManagement Act 1970—\n\n“98A Special penalties in the case of certain returns.\n\n(1) Regulations under section 203(2) (PAYE) or 566(1) (sub-contractors) of theprincipal Act may provide that this section shall apply in relation to anyspecified provision of the regulations.\n(2) Where this section applies in relation to a provision of regulations, anyperson who fails to make a return in accordance with the provision shall beliable—\n(a) to a penalty or penalties of the relevant monthly amount for each month(or part of a month) during which the failure continues, but excluding anymonth after the twelfth or for which a penalty under this paragraph hasalready been imposed, and\n(b) if the failure continues beyond twelve months, without prejudice to anypenalty under paragraph (a) above, to a penalty not exceeding so much of theamount payable by him in accordance with the regulations for the year ofassessment to which the return relates as remained unpaid at the end of 19thApril after the end of that year.\n(3) For the purposes of subsection (2)(a) above, the relevant monthly amountin the case of a failure to make a return—\n(a) where the number of persons in respect of whom particulars should beincluded in the return is fifty or less, is £100, and\n(b) where that number is greater than fifty, is £100 for each fifty suchpersons and an additional £100 where that number is not a multiple offifty.\n(4) Where this section applies in relation to a provision of regulations, anyperson who fraudulently or negligently makes an incorrect return of a kindmentioned in the provision shall be liable to a penalty not exceeding thedifference between—\n(a) the amount payable by him in accordance with the regulations for the yearof assessment to which the return relates, and\n(b) the amount which would have been so payable if the return had beencorrect.”\n(2) In relation to a failure to make a return beginning before such day as theTreasury may by order made by statutory instrument appoint, section 98A(2)shall have effect with the substitution of the following paragraph forparagraph (a)—\n“(a)to—\n(i) a penalty not exceeding twelve times the relevant monthly amount, and\n(ii) if the failure continues after a penalty is imposed under sub-paragraph(i) above, a further penalty or penalties of the relevant monthly amount foreach month (or part of a month) during which the failure continues, butexcluding any month after the twelfth or for which a penalty under thissub-paragraph has already been imposed,”.\n\n166 Assisting in preparation of incorrect return etc.\n(1) The following section shall be substituted for section 99 of the Taxes Management Act 1970—\n\n“99 Assisting in preparation of incorrect return etc.\n\nAny person who assists in or induces the preparation or delivery of anyinformation, return, accounts or other document which—\n(a) he knows will be, or is or are likely to be, used for any purpose of tax,and\n(b) he knows to be incorrect,\nshall be liable to a penalty not exceeding £3,000.”\n(2) This section shall apply in relation to assistance and inducementsoccurring on or after the day on which this Act is passed.\n\n167 Determination of penalties.\nThe following sections shall be substituted for section 100 of the Taxes Management Act 1970—\n\n“100 Determination of penalties by officer of Board.\n\n(1) Subject to subsection (2) below and except where proceedings for a penaltyhave been instituted under section 100D below or a penalty has been imposedby the Commissioners under section 53 of this Act, an officer of the Boardauthorised by the Board for the purposes of this section may make adetermination imposing a penalty under any provision of the Taxes Acts andsetting it at such amount as, in his opinion, is correct or appropriate.\n(2) Subsection (1) above does not apply where the penalty is a penaltyunder—\n(a) section 93(1) above as it has effect before the amendments made by section162 of the Finance Act 1989 or section 93(1)(a) above as it has effect afterthose amendments,\n(b) section 94(1) above as it has effect before the substitution made bysection 83 of the Finance (No.2) Act 1987,\n(c) section 98(1) above as it has effect before the amendments made by section164 of the Finance Act 1989 or section 98(1)(i) above as it has effect afterthose amendments, or\n(d) paragraph (a)(i) of section 98A(2) above as it has effect by virtue ofsection 165(2) of the Finance Act 1989.\n(3) Notice of a determination of a penalty under this section shall be servedon the person liable to the penalty and shall state the date on which it isissued and the time within which an appeal against the determination may bemade.\n(4) After the notice of a determination under this section has been served thedetermination shall not be altered except in accordance with this section oron appeal.\n(5) If it is discovered by an officer of the Board authorised by the Board forthe purposes of this section that the amount of a penalty determined underthis section is or has become insufficient the officer may make adetermination in a further amount so that the penalty is set at the amountwhich, in his opinion, is correct or appropriate.\n(6) In any case where—\n(a) a determination under this section is of a penalty under section 94(6)above, and\n(b) after the determination has been made it is discovered by an officer ofthe Board authorised by the Board for the purposes of this section that theamount which was taken into account as the relevant amount of tax is or hasbecome excessive,\nthe determination shall be revised so that the penalty is set at theamount which is correct; and, where more than the correct amount has alreadybeen paid, the appropriate amount shall be repaid.\n\n100A Provisions supplementary to section 100.\n\n(1) Where a person who has incurred a penalty has died, a determination undersection 100 above which could have been made in relation to him may be madein relation to his personal representatives, and any penalty imposed onpersonal representatives by virtue of this subsection shall be a debt due fromand payable out of his estate.\n(2) A penalty determined under section 100 above shall be due and payable atthe end of the period of thirty days beginning with the date of the issue ofthe notice of determination.\n(3) A penalty determined under section 100 above shall for all purposes betreated as if it were tax charged in an assessment and due and payable.\n\n100B Appeals against penalty determinations.\n\n(1) An appeal may be brought against the determination of a penalty undersection 100 above and, subject to the following provisions of this section,the provisions of this Act relating to appeals shall have effect in relationto an appeal against such a determination as they have effect in relation toan appeal against an assessment to tax.\n(2) On an appeal against the determination of a penalty under section 100above section 50(6) to (8) of this Act shall not apply but—\n(a) in the case of a penalty which is required to be of a particular amount,the Commissioners may—\n(i) if it appears to them that no penalty has been incurred, set thedetermination aside,\n(ii) if the amount determined appears to them to be correct, confirm thedetermination, or\n(iii) if the amount determined appears to them to be incorrect, increase orreduce it to the correct amount,\n(b) in the case of any other penalty, the Commissioners may—\n(i) if it appears to them that no penalty has been incurred, set thedetermination aside,\n(ii) if the amount determined appears to them to be appropriate, confirm thedetermination,\n(iii) if the amount determined appears to them to be excessive, reduce it tosuch other amount (including nil) as they consider appropriate, or\n(iv) if the amount determined appears to them to be insufficient, increase itto such amount not exceeding the permitted maximum as they considerappropriate.\n(3) Without prejudice to section 56 of this Act, an appeal from a decision ofthe Commissioners against the amount of a penalty which has been determinedunder section 100 above or this section shall lie, at the instance of theperson liable to the penalty, to the High Court or, in Scotland, to the Courtof Session as the Court of Exchequer in Scotland; and on that appeal the courtshall have the like jurisdiction as is conferred on the Commissioners byvirtue of this section.\n\n100C Penalty proceedings before Commissioners.\n\n(1) An officer of the Board authorised by the Board for the purposes of thissection may commence proceedings before the General or Special Commissionersfor any penalty to which subsection (1) of section 100 above does not applyby virtue of subsection (2) of that section.\n(2) Proceedings under this section shall be by way of information in writing,made to the Commissioners, and upon summons issued by them to the defendant(or defender) to appear before them at a time and place stated in the summons;and they shall hear and decide each case in a summary way.\n(3) Any penalty determined by the Commissioners in proceedings under thissection shall for all purposes be treated as if it were tax charged in anassessment and due and payable.\n(4) An appeal against the determination of a penalty in proceedings under thissection shall lie to the High Court or, in Scotland, the Court of Session asthe Court of Exchequer in Scotland—\n(a) by any party on a question of law, and\n(b) by the defendant (or, in Scotland, the defender) against the amount of thepenalty.\n(5) On any such appeal the court may—\n(a) if it appears that no penalty has been incurred, set the determinationaside,\n(b) if the amount determined appears to be appropriate, confirm thedetermination,\n(c) if the amount determined appears to be excessive, reduce it to such otheramount (including nil) as the court considers appropriate, or\n(d) if the amount determined appears to be insufficient, increase it to suchamount not exceeding the permitted maximum as the court considers appropriate.\n\n100D Penalty proceedings before court.\n\n(1) Where in the opinion of the Board the liability of any person for apenalty arises by reason of the fraud of that or any other person, proceedingsfor the penalty may be instituted before the High Court or, in Scotland, theCourt of Session as the Court of Exchequer in Scotland.\n(2) Proceedings under this section which are not instituted (in England, Walesor Northern Ireland) under the Crown Proceedings Act 1947by and in the name of the Board as an authorised department for the purposesof that Act shall be instituted—\n(a) in England and Wales, in the name of the Attorney General,\n(b) in Scotland, in the name of the Lord Advocate, and\n(c) in Northern Ireland, in the name of the Attorney General for NorthernIreland.\n(3) Any proceedings under this section instituted in England and Wales shallbe deemed to be civil proceedings by the Crown within the meaning of Part IIof the Crown Proceedings Act 1947 and any such proceedings instituted inNorthern Ireland shall be deemed to be civil proceedings within the meaningof that Part of that Act as for the time being in force in Northern Ireland.\n(4) If in proceedings under this section the court does not find that fraudis proved but consider that the person concerned is nevertheless liable to apenalty, the court may determine a penalty notwithstanding that, but for theopinion of the Board as to fraud, the penalty would not have been a matter forthe court.”\n\n168 Amendments consequential on section 167.\n(1) In consequence of the amendment made by section 167 above the Taxes Management Act 1970 shall be amended in accordance withsubsections (2) to (8) below.\n(2) In section 20A (power to call for papers of tax accountant)—\n(a) in subsection (1), for the words “awarded against him a penalty incurredby” there shall be substituted the words “a penalty imposed on”,\n(b) in subsection (2), for the word “award” in the first place where itoccurs there shall be substituted the word “penalty” and for that wordin the second place where it occurs there shall be substituted the word “imposition”, and\n(c) in subsection (4), for the words “award against” there shall besubstituted the words “imposition on” and for the word “award” thereshall be substituted the word “penalty”.\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4) In section 102 (mitigation of penalties), for the words “recoverythereof” there shall be substituted the words “a penalty”.\n(5) In section 105 (evidence)—\n(a) the following paragraph shall be substituted for paragraph (a) ofsubsection (1)—\n“(a)pecuniary settlements may be accepted instead of a penalty beingdetermined, or proceedings being instituted, in relation to any tax,”,\n(b) in paragraph (b) of subsection (2), for the words “sum” onwards thereshall be substituted the words “tax due from him”, and\n(c) after that paragraph there shall be inserted the words “and\n(c) any proceedings for a penalty or on appeal against the determination ofa penalty.”\n(6) In section 112 (loss of documents etc.), the following subsection shallbe added at the end—\n“(3)The references in subsection (1) above to assessments to tax includereferences to determinations of penalties; and in its application to suchdeterminations the proviso to that subsection shall have effect with theappropriate modifications.”\n(7) In section 113 (form of documents)—\n(a) the following subsection shall be inserted after subsection (1C)—\n“(1D)Where an officer of the Board has decided to impose a penalty undersection 100 of this Act and has taken all other decisions needed for arrivingat the amount of the penalty, he may entrust to any other officer of the Boardresponsibility for completing the determination procedure, whether by meansinvolving the use of a computer or otherwise, including responsibility forserving notice of the determination on the person liable to the penalty.”and\n(b) in subsection (3)—\n(i) after the words “Every assessment,” there shall be inserted the words “determination of a penalty,”,\n(ii) after the words “notice of assessment” there shall be inserted thewords “, of determination”, and\n(iii) after the words “levying tax” there shall be inserted the words “ordetermining a penalty”.\n(8) In paragraph 5 of Schedule 3 (rules for assigning proceedings toCommissioners), for the words “section 100(4)” there shall be substitutedthe words “section 100C or an appeal under section 100B against thedetermination of a penalty”.\n(9) In section 41 of the Development Land Tax Act 1976(administration of development land tax) the following subsection shall beinserted after subsection (1)—\n“(1A)Nothing in sections 167 to 169 of the Finance Act 1989 shall apply topenalties relating to development land tax.”\n\n169 Time limits.\n(1) The following section shall be substituted for section 103 of the Taxes Management Act 1970—\n\n“103 Time limits for penalties.\n\n(1) Subject to subsection (2) below, where the amount of a penalty is to beascertained by reference to tax payable by a person for any period, thepenalty may be determined by an officer of the Board, or proceedings for thepenalty may be commenced before the Commissioners or a court—\n(a) at any time within six years after the date on which the penalty wasincurred, or\n(b) at any later time within three years after the final determination of theamount of tax by reference to which the amount of the penalty is to beascertained.\n(2) Where the tax was payable by a person who has died, and the determinationwould be made in relation to his personal representatives, subsection (1)(b)above does not apply if the tax was charged in an assessment made later thansix years after the end of the chargeable period for which it was charged.\n(3) A penalty under section 99 of this Act may be determined by an officer ofthe Board, or proceedings for such a penalty may be commenced before a court,at any time within twenty years after the date on which the penalty wasincurred.\n(4) A penalty to which neither subsection (1) nor subsection (3) above appliesmay be so determined, or proceedings for such a penalty may be commencedbefore the Commissioners or a court, at any time within six years after thedate on which the penalty was incurred or began to be incurred.”\n(2) The amendment made by subsection (1) above shall not affect theapplication of section 103(4) of the Taxes Management Act1970 to proceedings under section 100 of that Act as it has effect before theamendment made by section 167 above.\n\n170 Up-rating of certain penalties.\n(1) In section 23(8) of the Taxes Act 1988 (maximum penalty for agents failing to make certain payments on behalf of principals), for “£50” there shall be substituted “£300”.\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4) In—\n(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(c) section 658(5) of that Act (maximum penalty for false statements or representations relating to purchased life annuities),\nfor “£500” there shall be substituted “£3,000”.\n(5) In paragraph 2(4) of Schedule 19A to that Act and Schedule 16A to the Finance Act 1973 (maximum penalty for incorrect return byLloyd’s agent), for the words “£500 in the case of fraud and £250 in the case of negligence” there shall be substituted “£3,000”.\n(6) This section shall apply in relation to things done or omitted on or after the day on which this Act is passed.\n\nPart III Miscellaneous and General\n\nInheritance tax\n\n171 Gifts to housing associations.\n(1) The following section shall be inserted in the Inheritance Tax Act 1984 after section 24—\n\n“24A Gifts to housing associations.\n(1) A transfer of value is exempt to the extent that the value transferred byit is attributable to land in the United Kingdom given to a registered housingassociation.\n(2) In subsection (1) above “registered housing association”means a registered housing association within the meaning of the Housing Associations Act 1985 or Part VII of the Housing (Northern Ireland) Order 1981.\n(3) Subsections (2) to (5) of section 23 and subsection (4) of section 24above shall apply in relation to subsection (1) above as they apply inrelation to section 24(1).”\n(2) In section 23(5) of the Inheritance Tax Act 1984 the words “or, where it is land, of a body mentioned in section 24Abelow” shall be added at the end.\n(3) In section 29(5) of that Act—\n(a) the words “or, where it is land, of a body mentioned in section24A” shall be inserted at the end of paragraph (b), and\n(b) after “24(3) and (4),” there shall be inserted “24A(3),”.\n(4) In section 161(2)(b)(ii) of that Act after “24,” there shall beinserted “24A,”.\n(5) In section 102(5) of the Finance Act 1986 afterparagraph (e) there shall be inserted—\n“(ee)section 24A (gifts to housing associations);”.\n(6) This section shall apply to transfers of value made on or after 14th March1989.\n\n172 Abatement of exemption where claim settled out of beneficiary’s ownresources.\n(1) The following section shall be inserted after section 29 of the Inheritance Tax Act 1984—\n\n“29A Abatement of exemption where claim settled out of beneficiary’s ownresources.\n(1) This section applies where—\n(a) apart from this section the transfer of value made on the death of anyperson is an exempt transfer to the extent that the value transferred by itis attributable to an exempt gift, and\n(b) the exempt beneficiary, in settlement of the whole or part of any claimagainst the deceased’s estate, effects a disposition of property not derivedfrom the transfer.\n(2) The provisions of this Act shall have effect in relation to the transferas if—\n(a) so much of the relevant value as is equal to the following amount, namelythe amount by which the value of the exempt beneficiary’s estate immediatelyafter the disposition is less than it would be but for the disposition, or\n(b) where that amount exceeds the relevant value, the whole of the relevantvalue,\nwere attributable to such a gift to the exempt beneficiary as ismentioned in subsection (3) below (instead of being attributable to a giftwith respect to which the transfer is exempt).\n(3) The gift referred to in subsection (2) above is a specific gift withrespect to which the transfer is chargeable, being a gift which satisfies theconditions set out in paragraphs (a) and (b) of section 38(1) below.\n(4) In determining the value of the exempt beneficiary’s estate for thepurposes of subsection (2) above—\n(a) no deduction shall be made in respect of the claim referred to insubsection (1)(b) above, and\n(b) where the disposition referred to in that provision constitutes a transferof value—\n(i) no account shall be taken of any liability of the beneficiary for any taxon the value transferred, and\n(ii) sections 104 and 116 below shall be disregarded.\n(5) Subsection (1)(b) above does not apply in relation to any claim againstthe deceased’s estate in respect of so much of any liability as is, inaccordance with this Act, to be taken into account in determining the valueof the estate.\n(6) In this section—\n  * “exempt gift”, in relation to a transfer of value fallingwithin subsection (1)(a) above, means—\n(a) a gift with respect to which the transfer is (apart from this section)exempt by virtue of the provisions of any of sections 18 and 23 to 28 above,or\n(b) where (apart from this section) the transfer is so exempt with respect toa gift up to a limit, so much of the gift as is within that limit;\n  * “the exempt beneficiary”, in relation to an exempt gift,means any of the following, namely—\n(a) where the gift is exempt by virtue of section 18 above, the deceased’sspouse,\n(b) where the gift is exempt by virtue of section 23 above, any person orbody—\n(i) whose property the property falling within subsection (1) of that sectionbecomes, or\n(ii) by whom that property is held on trust for charitable purposes,\n(c) where the gift is exempt by virtue of section 24, 25 or 26 above, any bodywhose property the property falling within subsection (1) of that sectionbecomes,\n(d) where the gift is exempt by virtue of section 24A above, any body to whomthe land falling within subsection (1) of that section is given, and\n(e) where the gift is exempt by virtue of section 27 or 28 above, the trusteesof any settlement in which the property falling within subsection (1) of thatsection becomes comprised;\n  * “gift” and “specific gift” have the samemeaning as in Chapter III of this Part; and\n  * “the relevant value”, in relation to a transfer of valuefalling within subsection (1)(a) above, means so much of the value transferredby the transfer as is attributable to the gift referred to in that provision.”\n(2) This section shall have effect in relation to deaths occurring on or afterthe day on which this Act is passed.\n\nStamp duty etc.\n\n173 Insurance: abolition of certain duties.\n(1) Stamp duty shall not be chargeable under—\n(a) the heading “Policy of Life Insurance” in Schedule 1 tothe Stamp Act 1891, or\n(b) paragraph (3) of the heading “Bond, Covenant, or Instrument of any kindwhatsoever” in that Schedule (superannuation annuities).\n(2) Subject to section 4 of the Stamp Act 1891 (separate charges oninstruments containing or relating to several distinct matters) an instrumentwhich, but for subsection (1) above, would be chargeable with stamp duty underparagraph (3) of the heading mentioned in paragraph (b) of that subsectionshall not be chargeable with stamp duty under any other provision of the StampAct 1891.\n(3) Section 100 of the Stamp Act 1891 (penalty for not making out policy ormaking policy not duly stamped) shall cease to have effect.\n(4) Section 118 of the Stamp Act 1891 (assignment of life insurance policy tobe stamped before payment of money assured) shall cease to have effect.\n(5) Section 47(3) of the Finance Act 1966 (enhanced dutywhere policy not exceeding 2 years is varied so as to exceed 2 years) andsection 5(3) of the Finance Act (Northern Ireland)1966 (equivalent provision for Northern Ireland) shall cease to have effect.\n(6) Subsections (1) and (2) above apply to instruments made after 31stDecember 1989.\n(7) So far as it relates to section 100(1) of the 1891 Act, subsection (3)above applies where a person receives, or takes credit for, a premium orconsideration for insurance after 30th November 1989.\n(8) So far as it relates to section 100(2) of the 1891 Act, subsection (3)above applies where the policy is made after 31st December 1989.\n(9) Subsection (4) above applies to instruments of assignment made after 31stDecember 1989.\n(10) Subsection (5) above applies where the policy is varied after 31stDecember 1989 (whenever it was made).\n\n174 Unit trusts.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n175 Stamp duty: stock exchange nominees\n(1) The Treasury may by regulations provide that where —\n(a) circumstances would (apart from the regulations) give rise to a charge to stamp duty under Part I of Schedule 13 to the Finance Act 1999 (conveyance or transfer on sale) and to a charge to stamp duty reserve tax,\n(b) the circumstances involve a stock exchange nominee, and\n(c) the circumstances are such as are prescribed,\nthe charge to stamp duty shall be treated as not arising.\n(2) The power to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the House of Commons.\n(3) In this section —\n(a)“prescribed” means prescribed by the regulations, and\n(b)“stock exchange nominee” means a person designated for the purposes of section 127 of the Finance Act 1976[1976 c. 40.] as a nominee of The Stock Exchange by an order made by the Secretary of State under subsection (5) of that section.\n\n176 Stamp duty reserve tax: stock exchange nominees\n(1) The Treasury may by regulations provide that where —\n(a) circumstances would (apart from the regulations) give rise to two charges to stamp duty reserve tax,\n(b) the circumstances involve a stock exchange nominee, and\n(c) the circumstances are such as are prescribed,\nsuch one of the charges as may be prescribed shall be treated as not arising.\n(2) The Treasury may by regulations provide that where —\n(a) circumstances would (apart from the regulations) give rise to a charge to stamp duty reserve tax and a charge to stamp duty,\n(b) the circumstances involve a stock exchange nominee, and\n(c) the circumstances are such as are prescribed,\nthe charge to stamp duty reserve tax shall be treated as not arising.\n(3) The Treasury may by regulations provide that a provision of an Act by virtue of which there is no charge to stamp duty reserve tax shall also apply in circumstances which involve a stock exchange nominee and are such as are prescribed.\n(4) The Treasury may by regulations provide that a provision of an Act by virtue of which the rate at which stamp duty reserve tax is charged is less than it would be apart from the provision shall also apply in circumstances which involve a stock exchange nominee and are such as are prescribed.\n(5) The power to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the House of Commons.\n(6) In this section —\n(a)“prescribed” means prescribed by the regulations, and\n(b)“stock exchange nominee” means a person designated for the purposes of section 127 of the Finance Act 1976[1976 c. 40.] as a nominee of The Stock Exchange by an order made by the Secretary of State under subsection (5) of that section.\n\n177 Stamp duty reserve tax: information.\n— Regulations under section 98(1) of the Finance Act 1986[1986 c. 41.] (administration etc. of stamp duty reserve tax) may include —\n(a) provision that notice which the regulations require to be given to the Commissioners of Inland Revenue shall be given in a manner or form specified by the Commissioners;\n(b) provision that information which the regulations require to be supplied to the Commissioners shall be supplied in a manner or form specified by the Commissioners.\n\nInterest etc.\n\n178 Setting of rates of interest.\n(1) The rate of interest applicable for the purposes of an enactment to which this section applies shall be the rate which for the purposes of that enactment is provided for by regulations made by the Treasury under this section.\n(2) This section applies to—\n(aa) section 15A of the Stamp Act 1891;\n(a) section 8(9) of the Finance Act 1894,\n(b) section 18 of the Finance Act 1896,\n(c) section 61(5) of the Finance (1909-10) Act 1910,\n(d) section 17(3) of the Law of Property Act 1925,\n(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(f) sections ... 86, 86A, 87, 87A, 88, 103A of the Taxes Management Act 1970,\n(g) paragraph 3 of Schedule 16A to the Finance Act 1973,\n(ga) section 48(1) of the Finance Act 1975,\n(gg) paragraph 6 of Schedule 1 to the Social Security Contributions and Benefits Act 1992,\n(gh) section 71(8A) of the Social Security Administration Act 1992, and section 69(8A) of the Social Security Administration (Northern Ireland) Act 1992, as they have effect in any case where the overpayment was made in respect of working families’ tax credit or disabled person’s tax credit;\n(h) paragraphs 15 and 16 of Schedule 2, and paragraph 8 of Schedule 5, to the Oil Taxation Act 1975,\n(i) section 283 of the Taxation of Chargeable Gains Act 1992;\n(j) paragraph 59 of Schedule 8 to the Development Land Tax Act 1976,\n(k) sections 233 , 235(1) and 236(3) and (4) of the Inheritance Tax Act 1984,\n(l) section 92 of the Finance Act 1986, and\n(m) sections . . . ... 824, 825 and 826 of, and paragraph 6B of Schedule 3 to and paragraph 3 of Schedule 19A to, the Taxes Act 1988. and\n(n). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and\n(o) section 14(4) of the Ports Act 1991.\n(p) paragraph 8 of Schedule 4 to the Tax Credits Act 1999., ...\n(q) section 110 of the Finance Act 1999.\n(q) paragraph 8 of Schedule 1 to the Employment Act 2002.\n(r) paragraph 8 of Schedule I to the Employment (Northern Ireland) Order 2002., and\n(s) Chapter 7 of Part 3 of the Income Tax (Earnings and Pensions) Act 2003.\n(t) sections 87, 88 and 89 of the Finance Act 2003, ...\n(u). . . . . . . . . . . . . . . . . . . . . . . . . . . . ...\n(v) section 79 of FA 2015,\n(w) sections 67 and 68 of the Finance Act 2020.\n(x) paragraphs 33 and 51 of Schedule 14 to the Finance Act 2023.\n(y) paragraphs 33 and 51 of Schedule 14 to the Finance (No.2) Act 2023, as applied in relation to domestic top-up tax by paragraph 4 of Schedule 18 to that Act.\n(3) Regulations under this section may—\n(a) make different provision for different enactments or for different purposes of the same enactment,\n(b) either themselves specify a rate of interest for the purposes of an enactment or make provision for any such rate to be determined by reference to such rate or the average of such rates as may be referred to in the regulations,\n(c) provide for rates to be reduced below, or increased above, what they otherwise would be by specified amounts or by reference to specified formulae,\n(d) provide for rates arrived at by reference to averages to be rounded up or down,\n(e) provide for circumstances in which alteration of a rate of interest is or is not to take place, and\n(f) provide that rates or alterations of rates are to have effect for periods beginning on or after a day determined in accordance with the regulations in relation to interest running from before that day as well as from or from after that day.\n(4) The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.\n(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n179 Provisions consequential on section 178.\n(1) The words “rate applicable under section 178 of the Finance Act 1989”shall be substituted—\n(a) for the words from “rate” to “annum” in—\n(i) section 18(1) of the Finance Act 1896,\n(ii) section 61(5) of the Finance (1909-10) Act 1910,\n(iii) section 17(3) of the Law of Property Act 1925,\n(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(v) paragraphs 15(1) and 16 of Schedule 2, and paragraph 8(4) of Schedule 5,to the Oil Taxation Act 1975,\n(vi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(vii) sections 824(1) and 825(2) of the Taxes Act 1988,\n(b) for the words“ prescribed rate” in—\n(i) sections 86(1), 86A(1), 87(1), 87A(1) ... and 88(1) of the Taxes Management Act 1970,\n(ii) paragraph 3(4) of Schedule 16A to the Finance Act1973, and\n(iii) paragraph 3(4) of Schedule 19A to the Taxes Act 1988,\n(c) for the words “rate which” onwards in—\n(i) paragraph 59(1) of Schedule 8 to the Development LandTax Act 1976, and\n(ii) section 826(1) of the Taxes Act 1988,\n(d) for the words “rate applicable under subsection (2) below” in section233(1) of the Inheritance Tax Act 1984,\n(e) for the words “rate for the time being applicable under section233(2)(b) above” in subsection (3), and the words “rate for the timebeing applicable under section 233(2)(a) above” in subsection (4), ofsection 236 of that Act,\n(f) for the words “appropriate rate” in section 92(2) of the Finance Act 1986, and\n(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(2) In section 8(9) of the Finance Act 1894, for thewords from “such interest” to “per cent.” there shall be substitutedthe words “interest at such rate not exceeding that applicable under section178 of the Finance Act 1989”.\n(3) In section 236(4) of the Inheritance Tax Act 1984, for the words “as ifsection 233(1)(b) above had applied” there shall be substituted the words “from the end of the period mentioned in section 233(1)(b) above”.\n(4) Any amendment made by subsection (1), (2) or (3) above shall have effect in relation to any period for which section 178(1) above has effect for thepurposes of the enactment concerned.\n(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n180 Repayment interest: period of accrual.\n(1) In section 48(1) of the Finance Act 1975, after thewords “carry interest” there shall be inserted the words “from the dateon which the sums were paid until the order for repayment is issued”.\n(2) In—\n(a) paragraph 16 of Schedule 2 to the Oil Taxation Act1975,\n(b) section 105(7) of the Finance Act 1980,\n(c) paragraph 13(4) and (5) of Schedule 16 to the FinanceAct 1981, and\n(d) paragraph 10(4) of Schedule 19 to the Finance Act1982,\nfor the word “repayment” there shall be substituted the words “theorder for repayment is issued”.\n(3) In paragraph 59(1) of Schedule 8 to the DevelopmentLand Tax Act 1976, after the word “later,” there shall be inserted thewords “until the order for repayment is issued”.\n(4) In section 235(1) of the Inheritance Tax Act 1984(and paragraph 19(3) of Schedule 4 to the Finance Act1975), after the word “made” there shall be inserted the words “untilthe order for repayment is issued”.\n(5) In section 92(2) of the Finance Act 1986, for thewords “the time it was paid” there shall be substituted the words “thedate on which the payment was made until the order for repayment isissued”.\n(6) In section 826(1) of the Taxes Act 1988, for the words “that repaymentor payment is made” there shall be substituted the words “the order forrepayment or payment is issued”.\n(7) The amendments made by this section shall be deemed always to have hadeffect.\n\nMiscellaneous\n\n181 Broadcasting: additional payments by programme contractors.\n(1) The Broadcasting Act 1981 shall have effect withrespect to additional payments payable by programme contractors under that Actsubject to the amendments made by Part I, and with the substitution, forSchedule 4 to that Act, of the provisions contained in Part II, of Schedule16 to this Act.\n(2) The transitional provisions made by Part III of that Schedule shall haveeffect.\n(3) This section shall come into force on 1st January 1990.\n\n182 Disclosure of information.\n(1) A person who discloses any information which he holds or has held in the exercise of tax functions , tax credit functions , child trust fund functions or social security functions is guilty of an offence if it is information about any matter relevant, for the purposes of any of those functions—\n(a) to tax or duty in the case of any identifiable person,\n(aa) to a tax credit in respect of any identifiable person,\n(ab) to a child trust fund of any identifiable person,\n(b) to contributions payable by or in respect of any identifiable person, or\n(c) to statutory sick pay , statutory maternity pay, statutory paternity pay, statutory adoption pay , statutory shared parental pay or statutory parental bereavement pay in respect of any identifiable person.\n(2) In this section “tax functions” means functions relating to tax or duty—\n(a) of the Commissioners, the Board and their officers,\n(b) of any person carrying out the administrative work of the First-tier Tribunal or Upper Tribunal, and\n(c) of any other person providing, or employed in the provision of, services to any person mentioned in paragraph (a) or (b) above.\n(2ZA) In this section “tax credit functions” means the functions relating to tax credits—\n(a) of the Board,\n(b) of any person carrying out the administrative work of the the First-tier Tribunal or Upper Tribunal, and\n(c) of any other person providing, or employed in the provision of, services to the Board or to any person mentioned in paragraph (b) above.\n(2ZB) In this section “child trust fund functions” means the functions relating to child trust funds—\n(a) of the Board and their officers,\n(b) of any person carrying out the administrative work of the First-tier Tribunal or an appeal tribunal constituted under Chapter 1 of Part 2 of the Social Security (Northern Ireland) Order 1998, or\n(c) of any person providing, or employed in the provision of, services to the Board or any person mentioned in paragraph (b) above.\n(2A) In this section “social security functions” means—\n(a) the functions relating to contributions, child benefit, guardian’s allowance, statutory sick pay , statutory maternity pay, statutory paternity pay, statutory adoption pay , statutory shared parental pay or statutory parental bereavement pay—\n(i) of the Board and their officers,\n(ii) of any person carrying out the administrative work of the the First-tier Tribunal or Upper Tribunal, and\n(iii) of any other person providing, or employed in the provision of, services to any person mentioned in sub-paragraph (i) or (ii) above, and\n(b) the functions under Part III of the Pension Schemes Act 1993 or Part III of the Pension Schemes (Northern Ireland) Act 1993 of the Board and their officers and any other person providing, or employed in the provision of, services to the Board or their officers.\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4) A person who discloses any information which—\n(a) he holds or has held in the exercise of functions—\n(i) of the Comptroller Auditor General , of the National Audit Office and any member or employee of that Office or of any member of the staff of the National Audit Office that was established by section 3 of the National Audit Act 1983, . . .\n(ia) of the Comptroller and Auditor General for Northern Ireland and any member of the staff of the Northern Ireland Audit Office,\n(ii) of the Parliamentary Commissioner for Administration and his officers,\n(iii) of the Auditor General for Wales and any member of his staff, ...\n(iiia) of the Wales Audit Office and any member or employee of that Office,\n(iv) of the Public Services Ombudsman for Wales and any member of his staff, or\n(v) of the Scottish Public Services Ombudsman and any member of his staff,\n(b) is, or is derived from, information which was held by any person in the exercise of tax functions , tax credit functions , child trust fund functions or social security functions, and\n(c) is information about any matter relevant, for the purposes of tax functions , tax credit functions , child trust fund functions or social security functions—\n(i) to tax or duty in the case of any identifiable person,\n(ia) to a tax credit in respect of any identifiable person,\n(ib) to a child trust fund of any identifiable person,\n(ii) to contributions payable by or in respect of any identifiable person, or\n(iii) to child benefit, guardian’s allowance, statutory sick pay , statutory maternity pay, statutory paternity pay, statutory adoption pay , statutory shared parental pay or statutory parental bereavement pay in respect of any identifiable person\nis guilty of an offence.\n(5) Subsections (1) and (4) above do not apply to any disclosure of information—\n(a) with lawful authority,\n(b) with the consent of any person in whose case the information is about a matter relevant to tax or duty , to a tax credit or to a child trust fund or to contributions, statutory sick pay , statutory maternity pay, statutory paternity pay, statutory adoption pay , statutory shared parental pay or statutory parental bereavement pay, or\n(c) which has been lawfully made available to the public before the disclosure is made.\n(6) For the purposes of this section a disclosure of any information is made with lawful authority if, and only if, it is made—\n(a) by a Crown servant in accordance with his official duty,\n(b) by any other person for the purposes of the function in the exercise of which he holds the information and without contravening any restriction dulyimposed by the person responsible,\n(c) to, or in accordance with an authorisation duly given by, the person responsible,\n(d) in pursuance of any enactment or of any order of a court, or\n(e) in connection with the institution of or otherwise for the purposes of any proceedings relating to any matter within the general responsibility of the Commissioners or, as the case requires, the Board,\nand in this subsection “the person responsible” means the Commissioners, the Board, the Comptroller and Auditor General, the Comptroller and Auditor General for Northern Ireland , the Parliamentary Commissioner, the Auditor General for Wales , the Public Services Ombudsman for Wales or the Scottish Public Services Ombudsman, as the case requires.\n(7) It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence—\n(a) he believed that he had lawful authority to make the disclosure in question and had no reasonable cause to believe otherwise, or\n(b) he believed that the information in question had been lawfully made available to the public before the disclosure was made and had no reasonablecause to believe otherwise.\n(8) A person guilty of an offence under this section is liable—\n(a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both, and\n(b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.\n(9) No prosecution for an offence under this section shall be instituted in England and Wales or in Northern Ireland except—\n(a) by the Commissioners or the Board, as the case requires, or\n(b) by or with the consent of the Director of Public Prosecutions or, in Northern Ireland, the Director of Public Prosecutions for Northern Ireland.\n(10) In this section—\n  * “the Board” means the Commissioners of Inland Revenue,\n  * “child trust fund” has the same meaning as in the Child Trust Funds Act 2004,\n  * “the Commissioners” means the Commissioners of Customs and Excise,\n  * “contributions” means contributions under Part I of the Social Security Contributions and Benefits Act 1992 or Part I of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;\n  * “Crown servant” has the same meaning as in the Official Secrets Act 1989,\n  * “tax credit” means a tax credit under the Tax Credits Act 2002, and\n  * “tax or duty” means any tax or duty within the general responsibility of the Commissioners or the Board.\n(10A) In this section, in relation to the disclosure of information “identifiable person” means a person whose identity is specified in the disclosure or can be deduced from it.\n(11) In this section—\n(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(c) references to the Parliamentary Commissioner for Administration include the Health Service Commissioner for England... , ... the Assembly Ombudsman for Northern Ireland and the Northern Ireland Commissioner for Complaints.\n(11A) In this section, references to statutory paternity pay, statutory adoption pay , statutory shared parental pay or statutory parental bereavement pay include statutory pay under Northern Ireland legislation corresponding to Part 12ZA , Part 12ZB , Part 12ZC or Part 12ZD of the Social Security Contributions and Benefits Act 1992 (c. 4).\n(12) This section shall come into force on the repeal of section 2 of the Official Secrets Act 1911.\n\n182ADouble taxation: disclosure of information.\n(1) A person who discloses any information acquired by him in the exercise of his functions as a member of an advisory commission set up under the Arbitration Convention is guilty of an offence.\n(2) Subsection (1) above does not apply to any disclosure of information—\n(a) with the consent of the person who supplied the information to the commission, or\n(b) which has been lawfully made available to the public before the disclosure is made.\n(3) It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence he believed that the information in question had been lawfully made available to the public before the disclosure was made and had no reasonable cause to believe otherwise.\n(4) A person guilty of an offence under this section is liable—\n(a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both;\n(b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.\n(5) No prosecution for an offence under this section shall be instituted in England and Wales or in Northern Ireland except—\n(a) by the Board, or\n(b) by or with the consent of the Director of Public Prosecutions or, in Northern Ireland, the Director of Public Prosecutions for Northern Ireland.\n(6) In this section—\n  * “the Arbitration Convention” has the meaning given by section 126 of the Taxation (International and Other Provisions) Act 2010;\n  * “the Board” means the Commissioners of Inland Revenue.\n\n183 Government securities: redemption and transfer.\n(1) In section 47 of the Finance Act 1942 (power to makeregulations about transfer and registration of Government stock)—\n(a) the following paragraph shall be inserted after paragraph (b) ofsubsection (1)—\n“(bb)for the redemption of such stock and bonds;”and\n(b) the following subsection shall be inserted after that subsection—\n“(1A)Regulations under subsection (1) of this section may make provisionauthorising the Bank of England, in such circumstances and subject to suchconditions as may be prescribed in the regulations, to transfer stock andbonds standing in their books in the name of a deceased person into the nameof another person without requiring the production of probate, confirmationor letters of administration.”\n(2) In section 3(1) of the National Debt Act 1972 (powerto make regulations about stock on the National Savings Stock Register) thefollowing paragraph shall be inserted after paragraph (b)—\n“(bb)the redemption of stock registered in the register,”.\n(3) After section 14 of the National Loans Act 1968 thereshall be inserted—\n\n“14A Redemption of securities held in Issue Department of Bank of England.\n(1) Any securities of Her Majesty’s Government in the United Kingdom which arefor the time being held in the Issue Department of the Bank of England may beredeemed by the Treasury before maturity at market prices determined in suchmanner as may be agreed between the Treasury and the Bank.\n(2) Any expensess incurred by the Treasury in connection with the redemptionof securities under subsection (1) above shall be paid out of the NationalLoans Fund.”\n\n184 National savings accounts.\n(1) In section 2 of the National Savings Bank Act 1971(general power to make regulations) after subsection (1) there shall beinserted—\n“(1A)Regulations under this section may restrict the classes of persons who mayopen accounts with the National Savings Bank, but any such restriction shallnot apply to any account opened before the coming into force of theregulations imposing the restriction.”\n(2) In section 5 of that Act (interest on ordinary deposits) in subsection (1)for the words from the beginning to “in any ordinary deposit account”there shall be substituted “The Director of Savings may, with the consentof the Treasury, from time to time determine the rate or rates at whichinterest is to be payable on amounts deposited in ordinary accounts or thatno interest is to be payable on such amounts, and any such determination inrelation to amounts deposited in any ordinary deposit account may be made”.\n(3) After subsection (1) of section 5 of that Act there shall beinserted—\n“(1A)The Director of Savings shall give notice in the London, Edinburgh andBelfast Gazettes of any determination under subsection (1) above; and any suchdetermination may affect deposits received at or before, as well as after, thetime the determination is made.”\n(4) Subsection (5) of section 5 of that Act (rate of interest on ordinarydeposits to be not less than 2.5 per cent per annum) shall cease to haveeffect.\n(5) Subsections (2) and (3) above shall come into force on 1st October 1989.\n\n185 Winding up of Redemption Annuities Account.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nGeneral\n\n186 Interpretation etc.\n(1) In this Act “the Taxes Act 1970” means the Income and Corporation Taxes Act 1970 and “the Taxes Act1988” means the Income and Corporation Taxes Act1988.\n(2) Chapter II of Part I of this Act shall be construed as one with the Value Added Tax Act 1983.\n(3) Part II of this Act, so far as it relates to capital gains tax, shall beconstrued as one with the Capital Gains Tax Act 1979.\n\n187 Repeals.\n(1) The enactments specified in Schedule 17 to this Act (which includeunnecessary enactments) are hereby repealed to the extent specified in thethird column of that Schedule, but subject to any provision at the end of anyPart of that Schedule.\n(2) The repeal of the enactments specified in Part XIV of Schedule 17 shallcome into force on such day as the Treasury may appoint by order made bystatutory instrument; and different days may be appointed for differentenactments.\n\n188 Short title.\nThis Act may be cited as the Finance Act 1989.\n\nSCHEDULES\nSection 6.\n\nSCHEDULE 1 Vehicles Excise Duty: Rates\n\nPart I\n\nPart II\nSection 8.\n\nSCHEDULE 2 Vehicles Excise Duty: Special Machines\n1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n3\n4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nSCHEDULE 3\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nSCHEDULE 4\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\nSection 74.\n\nSCHEDULE 5 Employee Share Ownership Trusts\n\nQualifying trusts\n1A trust is a qualifying employee share ownership trust at the time it isestablished if the conditions set out in paragraphs 2 to 11 below aresatisfied in relation to the trust at that time.\n\nGeneral\n2(1)The trust must be established under a deed (the trust deed).\n(2) The trust must be established by a company (the founding company) which,at the time the trust is established, is resident in the United Kingdom andnot controlled by another company.\n\nTrustees\n3(1)The trust deed must provide for the establishment of a body of trustees.\n(2) The trust deed must—\n(a) appoint the initial trustees;\n(b) contain rules for the retirement and removal of trustees;\n(c) contain rules for the appointment of replacement and additional trustees.\n(3) The trust deed must provide that at any time while the trust subsists (therelevant time)—\n(a) the number of trustees must not be less than three;\n(b) all the trustees must be resident in the United Kingdom;\n(c) the trustees must include one person who is a trust corporation, asolicitor, or a member of such other professional body as the Board may fromtime to time allow for the purposes of this paragraph;\n(d) most of the trustees must be persons who are not and have never beendirectors of any company which falls within the founding company’s group atthe relevant time;\n(e) most of the trustees must be persons who are employees of companies whichfall within the founding company’s group at the relevant time, and who do nothave and have never had a material interest in any such company;\n(f) the trustees falling within paragraph (e) above must, before beingappointed as trustees, have been selected by a majority of the employees ofthe companies falling within the founding company’s group at the time of theselection or by persons elected to represent those employees.\n(4) For the purposes of sub-paragraph (3) above a company falls within thefounding company’s group at a particular time if—\n(a) it is the founding company, or\n(b) it is at that time resident in the United Kingdom and controlled by thefounding company.\n(5) This paragraph applies in relation to trusts established on or before the day on which the Finance Act 1994 was passed.\n3AWhere a trust is established after the day on which the Finance Act 1994 was passed, the trust deed must make provision as mentioned in one of paragraphs (a) to (c) below—\n(a) provision for the establishment of a body of trustees and complying with paragraph 3(2) to (4) above;\n(b) provision for the establishment of a body of trustees and complying with paragraph 3B(2) to (9) below;\n(c) provision that at any time while the trust subsists there must be a single trustee.\n3B(1)The following are the provisions that must be complied with under paragraph 3A(b) above.\n(2) The trust deed must—\n(a) appoint the initial trustees;\n(b) contain rules for the retirement and removal of trustees;\n(c) contain rules for the appointment of replacement and additional trustees.\n(3) The trust deed must be so framed that at any time while the trust subsists the conditions set out in sub-paragraph (4) below are fulfilled as regards the persons who are then trustees; and in that sub-paragraph “the relevant time” means that time.\n(4) The conditions are that—\n(a) the number of trustees is not less than three;\n(b) all the trustees are resident in the United Kingdom;\n(c) the trustees include at least one person who is a professional trustee and at least two persons who are non-professional trustees;\n(d) at least half of the non-professional trustees were, before being appointed as trustees, selected in accordance with sub-paragraph (7) or (8) below;\n(e) all the trustees so selected are persons who are employees of companies which fall within the founding company’s group at the relevant time, and who do not have and have never had a material interest in any such company.\n(5) For the purposes of this paragraph a trustee is a professional trustee at a particular time if—\n(a) the trustee is then a trust corporation, a solicitor, or a member of such other professional body as the Board may at that time allow for the purposes of this sub-paragraph,\n(b) the trustee is not then an employee or director of any company then falling within the founding company’s group, and\n(c) the trustee meets the requirements of sub-paragraph (6) below;\nand for the purposes of this paragraph a trustee is a non-professional trustee at a particular time if the trustee is not then a professional trustee for those purposes.\n(6) A trustee meets the requirements of this sub-paragraph if—\n(a) he was appointed as an initial trustee and, before being appointed as trustee, was selected by (and only by) the persons who later became the non-professional initial trustees, or\n(b) he was appointed as a replacement or additional trustee and, before being appointed as trustee, was selected by (and only by) the persons who were the non-professional trustees at the time of the selection.\n(7) Trustees are selected in accordance with this sub-paragraph if the process of selection is one under which—\n(a) all the persons who are employees of the companies which fall within the founding company’s group at the time of the selection, and who do not have and have never had a material interest in any such company, are (so far as is reasonably practicable) given the opportunity to stand for selection,\n(b) all the employees of the companies falling within the founding company’s group at the time of the selection are (so far as is reasonably practicable) given the opportunity to vote, and\n(c) persons gaining more votes are preferred to those gaining less.\n(8) Trustees are selected in accordance with this sub-paragraph if they are selected by persons elected to represent the employees of the companies falling within the founding company’s group at the time of the selection.\n(9) For the purposes of this paragraph a company falls within the founding company’s group at a particular time if—\n(a) it is at that time resident in the United Kingdom, and\n(b) it is the founding company or it is at that time controlled by the founding company.\n3C(1)This paragraph applies where the trust deed provides that at any time while the trust subsists there must be a single trustee.\n(2) The trust deed must—\n(a) be so framed that at any time while the trust subsists the trustee is a company which at that time is resident in the United Kingdom and controlled by the founding company;\n(b) appoint the initial trustee;\n(c) contain rules for the removal of any trustee and for the appointment of a replacement trustee.\n(3) The trust deed must be so framed that at any time while the trust subsists the company which is then the trustee is a company so constituted that the conditions set out in sub-paragraph (4) below are then fulfilled as regards the persons who are then directors of the company; and in that sub-paragraph “the relevant time” is that time and “the trust company” is that company.\n(4) The conditions are that—\n(a) the number of directors is not less than three;\n(b) all the directors are resident in the United Kingdom;\n(c) the directors include at least one person who is a professional director and at least two persons who are non-professional directors;\n(d) at least half of the non-professional directors were, before being appointed as directors, selected in accordance with sub-paragraph (7) or (8) below;\n(e) all the directors so selected are persons who are employees of companies which fall within the founding company’s group at the relevant time, and who do not have and have never had a material interest in any such company.\n(5) For the purposes of this paragraph a director is a professional director at a particular time if—\n(a) the director is then a solicitor or a member of such other professional body as the Board may at that time allow for the purposes of this sub-paragraph,\n(b) the director is not then an employee of any company then falling within the founding company’s group,\n(c) the director is not then a director of any such company (other than the trust company), and\n(d) the director meets the requirements of sub-paragraph (6) below;\nand for the purposes of this paragraph a director is a non-professional director at a particular time if the director is not then a professional director for those purposes.\n(6) A director meets the requirements of this sub-paragraph if—\n(a) he was appointed as an initial director and, before being appointed as director, was selected by (and only by) the persons who later became the non-professional initial directors, or\n(b) he was appointed as a replacement or additional director and, before being appointed as director, was selected by (and only by) the persons who were the non-professional directors at the time of the selection.\n(7) Directors are selected in accordance with this sub-paragraph if the process of selection is one under which—\n(a) all the persons who are employees of the companies which fall within the founding company’s group at the time of the selection, and who do not have and have never had a material interest in any such company, are (so far as is reasonably practicable) given the opportunity to stand for selection,\n(b) all the employees of the companies falling within the founding company’s group at the time of the selection are (so far as is reasonably practicable) given the opportunity to vote, and\n(c) persons gaining more votes are preferred to those gaining less.\n(8) Directors are selected in accordance with this sub-paragraph if they are selected by persons elected to represent the employees of the companies falling within the founding company’s group at the time of the selection.\n(9) For the purposes of this paragraph a company falls within the founding company’s group at a particular time if—\n(a) it is at that time resident in the United Kingdom, and\n(b) it is the founding company or it is at that time controlled by the founding company.\n\nBeneficiaries\n4(1)The trust deed must contain provision as to the beneficiaries under thetrust, in accordance with the following rules.\n(2) The trust deed must provide that a person is a beneficiary at a particulartime (the relevant time) if—\n(a) he is at the relevant time an employee or director of a company which atthat time falls within the founding company’s group,\n(b) at each given time in a qualifying period he was an employee or directorof a company falling within the founding company’s group at that given time,and\n(c) in the case of a director, at that given time he worked as a director of the companyconcerned at the rate of at least 20 hours a week (ignoring such matters asholidays and sickness).\n(2A) The trust deed may provide that a person is a beneficiary at a given time if at that time he is eligible to participate in an SAYE option scheme—\n(a) which was established by a company within the founding company’s group, and\n(b) which is approved under Schedule 3 to the Income Tax (Earnings and Pensions) Act 2003.\n(2B) Where a trust deed contains a rule conforming with sub-paragraph (2A) above it must provide that the only powers and duties which the trustees may exercise in relation to persons who are beneficiaries by virtue only of that rule are those which may be exercised in accordance with the provisions of a scheme such as is mentioned in that sub-paragraph.\n(3) The trust deed may provide that a person is a beneficiary at a particulartime (the relevant time) if—\n(a) he has at each given time in a qualifying period been an employee ordirector of a company falling within the founding company’s group at thatgiven time,\n(b) he has ceased to be an employee or director of the company or the companyhas ceased to fall within that group, and\n(c) at the relevant time a period of not more than eighteen months has elapsedsince he so ceased or the company so ceased (as the case may be).\n(4) The trust deed may provide for a person to be a beneficiary if the personis a charity and the circumstances are such that—\n(a) there is no person who is a beneficiary within any rule which is includedin the deed and conforms with sub-paragraph (2) , (2A) or (3) above, and\n(b) the trust is in consequence being wound up.\n(5) For the purposes of sub-paragraph (2) above a qualifying period is aperiod—\n(a) whose length is . . . not more than five years,\n(b) whose length is specified in the trust deed, and\n(c) which ends with the relevant time (within the meaning of thatsub-paragraph).\n(6) For the purposes of sub-paragraph (3) above a qualifying period is aperiod—\n(a) whose length is equal to that of the period specified in the trust deedfor the purposes of a rule which conforms with sub-paragraph (2) above, and\n(b) which ends when the person or company (as the case may be) ceased asmentioned in sub-paragraph (3)(b) above.\n(7) The trust deed must not provide for a person to be a beneficiary unlesshe falls within any rule which is included in the deed and conforms withsub-paragraph (2) , (2A), (3) or (4) above.\n(8) The trust deed must provide that, notwithstanding any other rule which isincluded in it, a person cannot be a beneficiary at a particular time (therelevant time) by virtue of a rule which conforms with sub-paragraph (2), (3) or (4) above if—\n(a) at that time he has a material interest in the founding company, or\n(b) at any time in the period of one year preceding the relevant time he hashad a material interest in that company.\n(9) For the purposes of this paragraph a company falls within the foundingcompany’s group at a particular time if—\n(a) it is at that time resident in the United Kingdom, and\n(b) it is the founding company or it is at that time controlled by thefounding company.\n(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nTrustees’ functions\n5(1)The trust deed must contain provision as to the functions of the trustees.\n(2) The functions of the trustees must be so expressed that it is apparentthat their general functions are—\n(a) to receive sums from the founding company and other sums (by way of loanor otherwise);\n(b) to acquire securities;\n(c) to transfer securities or sums (or both) to persons who are beneficiariesunder the terms of the trust deed;\n(cc) to grant rights to acquire shares to persons who are beneficiaries under the terms of the trust deed;\n(d) to transfer securities to the trustees of profit sharing schemes approvedunder Schedule 9 to the Taxes Act 1988, for a price not less than the pricethe securities might reasonably be expected to fetch on a sale in the openmarket;\n(e) pending transfer, to retain the securities and to manage them (whether byexercising voting rights or otherwise).\n\nSums\n6(1)The trust deed must require that any sum received by the trustees—\n(a) must be expended within the relevant period,\n(b) may be expended only for one or more of the qualifying purposes, and\n(c) must, while it is retained by them, be kept as cash or be kept in anaccount with a bank or building society.\n(2) For the purposes of sub-paragraph (1) above the relevant period is theperiod of nine months beginning with the day found as follows—\n(a) in a case where the sum is received from the founding company, or acompany which is controlled by that company at the time the sum is received,the day following the end of the period of account in which the sum is chargedas an expense of the company from which it is received;\n(b) in any other case, the day the sum is received.\n(3) For the purposes of sub-paragraph (1) above each of the following is aqualifying purpose—\n(a) the acquisition of shares in the founding company;\n(b) the repayment of sums borrowed;\n(c) the payment of interest on sums borrowed;\n(d) the payment of any sum to a person who is a beneficiary under the termsof the trust deed;\n(e) the meeting of expenses.\n(4) The trust deed must provide that, in ascertaining for the purposes of arelevant rule whether a particular sum has been expended, sums receivedearlier by the trustees shall be treated as expended before sums received bythem later; and a relevant rule is one which is included in the trust deed andconforms with sub-paragraph (1) above.\n(5) The trust deed must provide that, where the trustees pay sums to differentbeneficiaries at the same time, all the sums must be paid on similar terms.\n(6) For the purposes of sub-paragraph (5) above, the fact that terms varyaccording to the levels of remuneration of beneficiaries, the length of theirservice, or similar factors, shall not be regarded as meaning that the termsare not similar.\n\nSecurities\n7(1)Subject to paragraph 8 below, the trust deed must provide that securitiesacquired by the trustees must be shares in the founding company which—\n(a) form part of the ordinary share capital of the company,\n(b) are fully paid up,\n(c) are not redeemable, and\n(d) are not subject to any restrictions other than restrictions which attachto all shares of the same class or a restriction authorised by sub-paragraph(2) below.\n(2) Subject to sub-paragraph (3) below, a restriction is authorised by thissub-paragraph if—\n(a) it is imposed by the founding company’s articles of association,\n(b) it requires all shares held by directors or employees of the foundingcompany, or of any other company which it controls for the time being, to bedisposed of on ceasing to be so held, and\n(c) it requires all shares acquired, in pursuance of rights or interestsobtained by such directors or employees, by persons who are not (or haveceased to be) such directors or employees to be disposed of when they areacquired.\n(3) A restriction is not authorised by sub-paragraph (2) above unless—\n(a) any disposal required by the restriction will be by way of sale for aconsideration in money on terms specified in the articles of association, and\n(b) the articles also contain general provisions by virtue of which any persondisposing of shares of the same class (whether or not held or acquired asmentioned in sub-paragraph (2) above) may be required to sell them on termswhich are the same as those mentioned in paragraph (a) above.\n(4) The trust deed must provide that shares in the founding company may notbe acquired by the trustees at a price exceeding the price they mightreasonably be expected to fetch on a sale in the open market.\n(5) The trust deed must provide that shares in the founding company may notbe acquired by the trustees at a time when that company is controlled byanother company.\n8 The trust deed may provide that the trustees may acquire securities otherthan shares in the founding company—\n(a) if they are securities issued to the trustees in exchange in circumstancesmentioned in section [135(1) of the Taxation of Chargeable Gains Act1992], or\n(b) if they are securities acquired by the trustees as a result of areorganisation, and the original shares the securities represent are sharesin the founding company (construing “reorganisation” and “originalshares” in accordance with section 126 of that Act).\n9(1)The trust deed must provide that—\n(a) where the trustees transfer securities to a beneficiary, they must do soon qualifying terms;\n(b) the trustees must transfer securities before the expiry of the qualifying period beginning with the date on which they acquired them.\n(2) For the purposes of sub-paragraph (1) above a transfer of securities ismade on qualifying terms if—\n(a) all the securities transferred at the same time other than those transferred on a transfer such as is mentioned in sub-paragraph (2ZA) below are transferred on similarterms,\n(b) securities have been offered to all the persons who are beneficiariesunder the terms of the trust deed by virtue of a rule which conforms with paragraph 4(2), (3) or (4) above when the transfer is made, and\n(c) securities are transferred to all such persons who have accepted.\n(2ZA) For the purposes of sub-paragraph (1) above a transfer of securities is also made on qualifying terms if—\n(a) it is made to a person exercising a right to acquire shares, and\n(b) that right was obtained in accordance with the provisions of an SAYE option scheme—\n(i) which was established by, or by a company controlled by, the founding company, and\n(ii) which is approved under Schedule 3 to the Income Tax (Earnings and Pensions) Act 2003, and\n(c) that right is being exercised in accordance with the provisions of that scheme, and\n(d) the consideration for the transfer is payable to the trustees.\n(2A) For the purposes of sub-paragraph (1) above the qualifying period is—\n(a) seven years, in the case of trusts established on or before the day on which the Finance Act 1994 was passed;\n(b) twenty years, in the case of other trusts.\n(3) For the purposes of sub-paragraph (2) above, the fact that terms varyaccording to the levels of remuneration of beneficiaries, the length of theirservice, or similar factors, shall not be regarded as meaning that the termsare not similar.\n(4) The trust deed must provide that, in ascertaining for the purposes of arelevant rule whether particular securities are transferred, securitiesacquired earlier by the trustees shall be treated as transferred by thembefore securities acquired by them later; and a relevant rule is one which isincluded in the trust deed and conforms with sub-paragraph (1) above.\n\nOther features\n10 The trust deed must not contain features which are not essential orreasonably incidental to the purpose of acquiring sums and securities, granting rights to acquire shares to persons who are eligible to participate in SAYE option schemes approved under Schedule 3 to the Income Tax (Earnings and Pensions) Act 2003, transferring shares to such persons, transferring sums and securities to employees and directors, and transferringsecurities to the trustees of profit sharing schemes approved under Schedule 9 to the Taxes Act 1988.\n\nRules about acquisition etc.\n11(1)The trust deed must provide that, for the purposes of the deed, thetrustees—\n(a) acquire securities when they become entitled to them;\n(b) transfer securities to another person when that other becomes entitled tothem;\n(c) retain securities if they remain entitled to them.\n(2) But if the deed provides as mentioned in paragraph 8 above, it mustprovide for the following exceptions to any rule which is included in it andconforms with sub-paragraph (1)(a) above, namely, that—\n(a) if securities are issued to the trustees in exchange in circumstancesmentioned in section [135(1) of the Taxation of Chargeable Gains Act 1992], they shall be treated as having acquired them when they became entitledto the securities for which they are exchanged;\n(b) if the trustees become entitled to securities as a result of areorganisation, they shall be treated as having acquired them when they becameentitled to the original shares which those securities represent (construing “reorganisation” and “original shares” in accordance with section [126] of that Act).\n(3) The trust deed must provide that—\n(a) if the trustees agree to take a transfer of securities, for the purposesof the deed they become entitled to them when the agreement is made and noton a later transfer made pursuant to the agreement;\n(b) if the trustees agree to transfer securities to another person, for thepurposes of the deed the other person becomes entitled to them when theagreement is made and not on a later transfer made pursuant to the agreement.\n\nPosition after trust’s establishment\n12A trust which was at the time it was established a qualifying employeeshare ownership trust shall continue to be one, except that it shall not besuch a trust at any time when the requirements mentioned in paragraph 3(3)(a)to (f) above are not satisfied. This paragraph applies in relation to trusts established on or before the day on which the Finance Act 1994 was passed.\n12A(1)Subject to sub-paragraphs (2) and (3) below, a trust which was at the time it was established a qualifying employee share ownership trust shall continue to be one.\n(2) If the trust deed makes provision under paragraph 3A(a) above, the trust shall not be a qualifying employee share ownership trust at any time when the requirements mentioned in paragraph 3(3)(a) to (f) above are not satisfied.\n(3) If the trust deed makes provision under paragraph 3A(b) above, the trust shall not be a qualifying employee share ownership trust at any time when the conditions mentioned in paragraph 3B(4)(a) to (e) above are not satisfied.\n(4) If the trust deed makes provision under paragraph 3A(c) above, the trust shall not be a qualifying employee share ownership trust at any time when—\n(a) there is not a single trustee,\n(b) the trustee is not a company which is resident in the United Kingdom and controlled by the founding company, or\n(c) the conditions mentioned in paragraph 3C(4)(a) to (e) above are not satisfied as regards the directors of the trustee.\n(5) This paragraph applies in relation to trusts established after the day on which the Finance Act 1994 was passed.\n13A trust is an employee share ownership trust at a particular time (therelevant time) if it was a qualifying employee share ownership trust at thetime it was established; and it is immaterial whether or not it is aqualifying employee share ownership trust at the relevant time.\n\nInterpretation\n14 For the purposes of this Schedule the following are securities—\n(a) shares;\n(b) debentures.\n15 For the purposes of this Schedule, the question whether one company is controlled by another shall be construed in accordance with section 995 of the Income Tax Act 2007.\n16(1)For the purposes of this Schedule a person shall be treated as having a material interest in a company if he, either on his own or with one or more of his associates, or if any associate of his with or without other such associates,—\n(a) is the beneficial owner of, or able (directly or through the medium of other companies or by any other indirect means) to control, more than 5 percent. of the ordinary share capital of the company, or\n(b) possesses, or is entitled to acquire, such rights as would, in the event of the winding-up of the company or in any other circumstances, give an entitlement to receive more than 5 per cent. of the assets which would then be available for distribution among the participators.\n(2) In this paragraph—\n(a)“associate” has the meaning given by section 448 of the Corporation Tax Act 2010, but subject to sub-paragraph (3) below,\n(b)“control” has the meaning given by section 995 of the Income Tax Act 2007, and\n(c)“participator” has the meaning given by section 454 of the Corporation Tax Act 2010.\n(3) Where a person has an interest in shares or obligations of the company asa beneficiary of an employee benefit trust, the trustees shall not be regarded as associates of his by reason only of that interest unless sub-paragraph (5)below applies in relation to him.\n(4) In sub-paragraph (3) above “employee benefit trust” has the same meaning as in paragraph 7 of Schedule 8 to the Taxes Act 1988, except that in its application for this purpose paragraph 7(5)(b) of that Schedule shall have effect as if it referred to the day on which this Act was passed instead of to 14th March 1989.\n(5) This sub-paragraph applies in relation to a person if at any time on or after the day on which this Act was passed—\n(a) he, either on his own or with any one or more of his associates, or\n(b) any associate of his, with or without other such associates,\nhas been the beneficial owner of, or able (directly or through the medium of other companies or by any other indirect means) to control, more than 5 percent. of the ordinary share capital of the company.\n(6) Sub-paragraphs (9) to (12) of paragraph 7 of Schedule 8 to the Taxes Act1988 shall apply for the purposes of sub-paragraph (5) above as they apply for the purposes of that paragraph.\n17 For the purposes of this Schedule a trust is established when the deed under which it is established is executed.\n18 For the purposes of this Schedule “SAYE option scheme” has the same meaning as in the SAYE code (see section 516 of the Income Tax (Earnings and Pensions) Act 2003 (approved SAYE option schemes)).\nSection 75.\n\nSCHEDULE 6 Retirement Benefits Schemes\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\nSection 77.\n\nSCHEDULE 7 Personal Pension Schemes\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\nSection 84.\n\nSCHEDULE 8 Amendments of Chapter I of Part XII of Taxes Act 1988 (InsuranceCompanies)\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\nSection 89A.\n\nSCHEDULE 8A Modification of sections 82 TO 83A, 88 and 89 in relation to overseas life insurance companies\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\nSection 90.\n\nSCHEDULE 9 Life Policies Etc. Held by Companies\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nSCHEDULE 10\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nSCHEDULE 11\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\nSection 107.\n\nSCHEDULE 12 Close Companies\n\nPart I Administrative Provisions\n\nInterpretation\n1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nProvision of information by company\n2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nProvision of information by shareholders\n3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nInformation about bearer securities\n4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nPart II Amendments Connected with Repeal of Chapter III of Part XI of Taxes Act1988\n\nThe Taxes Management Act 1970 (c.9)\n5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nThe Capital Gains Tax Act 1979 (c.14)\n6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nThe Income and Corporation Taxes Act 1988 (c.1)\n7 In section 13 of the Taxes Act 1988 (small companies’ rate) in subsection(9) for the words “paragraph 17 of Schedule 19” there shall besubstituted the words “paragraphs 2 to 4 of Schedule 12 to the Finance Act1989”.\n8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n9(1)In section 187(3) of the Taxes Act 1988 (cases in which a person has amaterial interest in a company for the purposes of sections 185 to 187 of, andSchedules 9 and 10 to, that Act) for the words from “in a company” to theend of paragraph (b) there shall be substituted— “in a company if he, either on his own or with one or more associates,or if any associate of his with or without such other associates,—\n(a) is the beneficial owner of, or able, directly or through the medium ofother companies, or by any other indirect means to control, more than 25 percent., or in the case of a share option scheme which is not a savings-relatedshare option scheme more than 10 per cent., of the ordinary share capital ofthe company, or\n(b) where the company is a close company, possesses, or is entitled toacquire, such rights as would, in the event of the winding-up of the companyor in any other circumstances, give an entitlement to receive more than 25 percent., or in the case of a share option scheme which is not a savings-relatedshare option scheme more than 10 per cent., of the assets which would then beavailable for distribution among the participators.”and at the end there shall be added the words “ and “participator” has the meaning given by section 417(1) ”.\n(2) This paragraph shall have effect in relation to accounting periods beginning after 31st March 1989.\n10(1)In section 214 of the Taxes Act 1988 (chargeable payments connected with exempt distributions) in subsection (1)(c) for the words from “338(2)(a)”to “Schedule 19” there shall be substituted the words “and338(2)(a)”.\n(2) This paragraph shall have effect in relation to accounting periods beginning after 31st March 1989, except in any case where section 427(4) ofthe Taxes Act 1988 has effect by virtue of section 103(2) of this Act.\n11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n13(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4) This paragraph shall have effect in relation to accounting periods beginning after 31st March 1989.\n14(1)In section 576 of the Taxes Act 1988 (which relates to relief for losses on certain unquoted shares) in subsection (5), for paragraph (a) of the definition of “trading company” there shall be substituted—\n“(a)a company whose business consists wholly or mainly of the carrying on ofa trade or trades”.\n(2) This paragraph shall have effect in relation to disposals made after 31stMarch 1989.\n15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n18(1)Paragraph 7 of Schedule 8 to the Taxes Act 1988 (cases in which a person has a material interest in a company for the purposes of a profit-related pay scheme) shall be amended in accordance with this paragraph.\n(2) In sub-paragraph (2) for the words from “in a company” onwards there shall be substituted— “in a company if he, either on his own or with one or more associates, or if any associate of his with or without such other associates,—\n(a) is the beneficial owner of, or able, directly or through the medium of other companies, or by any other indirect means to control, more than 25 percent. of the ordinary share capital of the company, or\n(b) in the case of a close company, possesses, or is entitled to acquire, such rights as would, in the event of the winding-up of the company or in any other circumstances, give an entitlement to receive more than 25 per cent. of the assets which would then be available for distribution among the participators”.\n(3) In sub-paragraph (3) the second “and” shall be omitted and after the definition of “control” there shall be inserted “and\n“participator” has the meaning given by section 417(1)”.\n(4) This paragraph shall have effect in relation to accounting periods beginning after 31st March 1989.\nSection 121.\n\nSCHEDULE 13 Capital Allowances: Miscellaneous Amendments\n1–26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nPatent rights\n27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n28–30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nSCHEDULE 14\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nSCHEDULE 15\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\nSection 181.\n\nSCHEDULE 16 Broadcasting: Additional Payments by Programme Contractors\n\nPart I Amendments of the Principal Sections\n1(1)Section 32 of the Broadcasting Act 1981 (rentalpayments by programme contractors) shall be amended as follows.\n(2) In subsection (1)(b), after the word “amounts” there shall beinserted the words “in respect of profits and in respect of advertisingrevenue”.\n(3) In subsection (2)(b), after the word “amounts” there shall beinserted the words “in respect of profits”.\n(4) In subsection (4), for the word “Table”, where it first occurs, thereshall be substituted the word “Tables” and the following Tables shall besubstituted for the Table in that subsection—\n\n“TABLE A\n\nRATES OF ADDITIONAL PAYMENTS IN RESPECT OF ADVERTISING REVENUE\n                                                                                                                             Rate for determining amount of additional payments\nFor so much of the advertising revenue for the accounting period as does not exceed the free slice for advertising revenue.  Nil\nFor so much of the advertising revenue for the accounting period as exceedsthe free slice for advertising revenue.           The relevant revenue rate except where the rate is nil\n\nFor the purposes of this Table—\n(a) a nil rate, instead of the relevant revenue rate, is applicable in thecase of persons who are DBS programme contractors or DBS teletext contractors;\n(b) the relevant revenue rate is 10 per cent; and\n(c) the free slice for advertising revenue is £15 million or, in thecase of a TV programme contractor, that amount with the addition of thepayments payable by him in pursuance of section 13(2).\n\nTABLE B\n\nRATES OF ADDITIONAL PAYMENTS IN RESPECT OF PROFITS\nFor so much of the profits for the accounting period after deducting anyamount payable under Table A as does not exceed the free slice for profits.  Nil\nFor so much of the profits for the accounting period after deducting anyamount payable under Table A as exceeds the free slice for profits.          The relevant profits rate except where the rate is nil.\n\nFor the purposes of this Table—\n(a) a nil rate, instead of the relevant profits rate, is applicable in thecase of—\n(i) programme contractors who provide local sound broadcasts, and\n(ii) DBS programme contractors or DBS teletext contractors;\n(b) the relevant profits rate is 25 per cent; and\n(c) the free slice for profits is £2 million.”\n(5) Subsection (4A) shall be omitted.\n(6) In subsection (5), for the words “relevant sum mentioned in subsection(4A)” there shall be substituted the words “relevant sum mentioned in theTables above”.\n(7) In subsection (7), after the words “additional payments” there shallbe inserted the words “in respect of profits”.\n(8) In subsection (8), for the words “any of the provisions of subsections(4), (4A)” there shall be substituted the words “any of the provisionsof subsections (4)”.\n(9) For subsection (9) there shall be substituted the followingsubsections—\n“(9)The power of the Secretary of State under subsection (8) shall includepower to amend the provisions in question as there mentioned—\n(a) only in their application in relation to the additional payments mentionedin subsection (1)(b); or\n(b) only in their application in relation to the additional payments mentionedin subsection (2)(b); or\n(c) differently in their application as mentioned in paragraphs (a) and (b)respectively; or\n(d) only in their application in relation to additional payments in respectof advertising revenue; or\n(e) only in their application in relation to additional payments in respectof profits; or\n(f) differently in their application as mentioned in paragraphs (d) and (e)respectively.\n(9A) In the application of the provisions mentioned in subsection (8) inrelation to the additional payments mentioned in subsection (1)(b), the powerof the Secretary of State under subsection (8) shall also include power toamend those provisions as mentioned in subsection (8)—\n(a) only in relation to persons who are TV programme contractors (includingpersons who are both TV programme contractors and teletext contractors); or\n(b) only in relation to persons who are DBS programme contractors (includingpersons who are both DBS programme contractors and teletext contractors); or\n(c) only in relation to persons who are teletext contractors (other than DBSteletext contractors) but are not TV or DBS programme contractors; or\n(d) only in relation to persons who are DBS teletext contractors but are notTV or DBS programme contractors; or\n(e) differently in relation to persons within paragraphs (a), (b), (c) and (d)respectively.”\n2(1)Section 33 of the Broadcasting Act 1981 (supplementalprovisions) shall be amended as follows.\n(2) In subsection (1), for the words “advertising receipts” there shallbe substituted the words “advertising revenue”.\n(3) In subsection (2), for the words “advertising receipts” there shallbe substituted the words “advertising revenue” and for the words “thosereceipts derive” there shall be substituted the words “the revenuederives”.\n(4) In subsection (3)(c), for the words “advertising receipts” thereshall be substituted the words “advertising revenue” and for the word “derive” there shall be substituted the word “derives”.\n3(1)Section 34 of the Broadcasting Act 1981 (instalments payable on accountby programme contractors for their accounting periods) shall be amended asfollows.\n(2) In subsection (3)(c), for the words “receipts are” there shall besubstituted the words “revenue is”.\n4(1)Section 35 of the Broadcasting Act 1981 (provision forsupplementing additional payments) shall be amended as follows.\n(2) In subsection (1)—\n(a) in paragraph (a), after the words “additional payments” there shallbe inserted the words “in respect of profits”;\n(b) in paragraph (b)(ii), the words “in the case of second categoryprofits,” shall be omitted; and\n(c) at the end, there shall be added the words “in respect of profits of hisfor that period”.\n\nPart II Provisions Inserted as Schedule 4 to the Broadcasting Act 1981\n\n“Schedule 4 Rental Payments\n\nAdvertising revenue\n\n1(1)The advertising revenue of a programme contractor for an accounting periodshall be computed in accordance with this paragraph.\n(2) Advertising revenue shall consist of the payments received or to bereceived by the programme contractor in consideration of the insertion ofadvertisements in programmes provided by the programme contractor andbroadcast in the United Kingdom by the Authority.\n(3) In the application of this Schedule in relation to the additional paymentsmentioned in section 32(1)(b), the advertising revenue of a programmecontractor other than a teletext contractor who is not a TV programmecontractor includes payments received or to be received by him inconsideration of the insertion of programmes consisting of advertisementsprovided by him for broadcasting on the Fourth Channel and so broadcast.\n(4) If, in connection with the insertion of advertisements which are paid forby payments constituting advertising revenue, any payments are made to theprogramme contractor to meet any additional payments, those payments shall beregarded as made in consideration of the insertion of the advertisements inquestion.\n(5) In the case of an advertisement inserted in a programme under arrangementsmade between a programme contractor and a person acting as advertising agent,the amount of any receipt by the programme contractor which represents apayment by the advertiser from which the advertising agent has deducted anyamount by way of commission shall, except in a case falling withinsub-paragraph (6), be the amount of the payment by the advertiser after thededuction of the commission.\n(6) If the amount deducted by way of commission as mentioned in sub-paragraph(5) exceeds 15 per cent. of the payment by the advertiser, the amount of thereceipt shall be the amount of that payment less 15 per cent.\n(7) Any contract shall provide that where for any insertion of anadvertisement a programme contractor receives or is entitled to an entireconsideration not solely referable to that insertion, the advertising revenueshall be calculated by reference to so much only of the consideration as isreferable to that insertion according to an apportionment made in such manneras the contract may provide.\n\nProfits\n\n2(1)The profits of a programme contractor for an accounting period shall becomputed in accordance with this paragraph.\n(2) The profits shall consist of the excess of relevant income over relevantexpenditure.\n(3)“Relevant income” means—\n(a) in relation to a programme contractor other than a DBS programmecontractor or a DBS teletext contractor, income which accrues to thecontractor in connection (directly or indirectly) with—\n(i) the provision by the contractor of programmes for broadcasting on ITV, theFourth Channel or a local sound broadcasting service, or\n(ii) the provision by the contractor, for broadcasting, distribution or showingin the United Kingdom, of programmes provided by him for broadcasting on ITV,the Fourth Channel or a local sound broadcasting service;\n(b) in relation to a DBS programme contractor or DBS teletext contractor,income which accrues to the contractor in connection (directly or indirectly)with—\n(i) the provision by the contractor to the Authority, in accordance with theterms of his contract as a DBS programme contractor or (as the case may be)DBS teletext contractor, of programmes for broadcasting in the Authority’s DBSservice to which his contract with the Authority relates, or\n(ii) the provision by the contractor, for broadcasting, distribution or showingin the United Kingdom, of programmes broadcast in the Authority’s DBS service.\n(4) Without prejudice to the generality of sub-paragraph (3), “relevant income” includes—\n(a) all revenue which is advertising revenue for the purposes of thisparagraph; and\n(b) such part of any income which—\n(i) accrues to any subsidiary of or company related to the programmecontractor or to the contractor’s holding company, and\n(ii) would be relevant income of that contractor if he and the subsidiary orrelated company or his holding company were a single programme contractor,\nas, in the opinion of the Authority, should be attributed to thecontractor as reflecting his financial interest in the subsidiary or therespective financial interests of the holding company in the contractor andthe company related to the contractor or the financial interest of the holdingcompany in the contractor, as the case may be.\n(5) For the purposes of this paragraph advertising revenue includes—\n(a) in relation to a DBS programme contractor, payments received or to bereceived by him in respect of charges made for the reception of programmesprovided by him and broadcast in a DBS service;\n(b) in relation to a teletext contractor, payments received or to be receivedby him in respect of charges made for the reception of programmes provided byhim and broadcast in a DBS or additional teletext service.\n(6)“Relevant expenditure” means any expenditure of the programmecontractor which is properly chargeable to revenue account and which isincurred in connection with the provision by him of programmes of a kindmentioned in sub-paragraph (3).\n(7) Without prejudice to the generality of sub-paragraph (6), “relevant expenditure” includes—\n(a) expenditure in connection with the sale of rights to insert advertisementsin programmes; and\n(b) such part of any expenditure which—\n(i) is incurred by any subsidiary of or company related to the programmecontractor or by the contractor’s holding company, and\n(ii) would be relevant expenditure of that contractor if he and the subsidiaryor related company or his holding company were a single programme contractor,\nas, in the opinion of the Authority, should be attributed to thecontractor as reflecting his financial interest in the subsidiary or therespective financial interests of the holding company in the contractor andthe company related to the contractor or the financial interest of the holdingcompany in the contractor, as the case may be;\n(c) in the case of a DBS programme contractor or a teletext contractor, anyexpenditure incurred in connection with the collection of charges for thereception of programmes provided by him and broadcast in a DBS service or ina DBS or additional teletext service, as the case may be; and\n(d) in the case of a DBS programme or DBS teletext contractor, any expenditureincurred in connection with the provision of the satellite transponder.\n(8) In ascertaining relevant income or relevant expenditure no account shallbe taken of interest on any loan.\n(9) Items of relevant income and items of relevant expenditure shall beattributed to accounting periods in accordance with the foregoing provisionsof this Schedule.\n(10) In this paragraph “programme” means—\n(a) in the application of this Schedule in relation to the additional paymentsmentioned in section 32(1)(b), a television programme; and\n(b) in the application of this Schedule in relation to the additional paymentsmentioned in section 32(2)(b), a local sound broadcast.\n\nCarry forward of losses\n\n3(1)Where, in any accounting period, the relevant expenditure of a programmecontractor exceeds his relevant income, the excess shall be carried forwardto the following accounting period and treated as relevant expenditure forthat period for the purpose of computing his profits for that period.\n(2) When a programme contractor’s contract with the Authority comes to an end,no losses incurred at any time during the currency of that contract may becarried forward under this paragraph and set against income attributable toany subsequent contract between him and the Authority.\n\nComputation of profits of programme contractors\n\n4(1)It shall be the duty of the Authority—\n(a) to draw up, and from time to time review, a statement setting out theprinciples to be followed in ascertaining, for any accounting period, aprogramme contractor’s—\n(i) advertising revenue, and\n(ii) relevant income and relevant expenditure for the purpose of computing hisprofits;\n(b) in computing the advertising revenue and the profits of a programmecontractor for any accounting period, to take account of that statement(including any revision thereof which has taken effect before the end of thatperiod).\n(2) A statement under this paragraph may set out different principles for TVprogramme contractors, DBS programme contractors, programme contractors forthe provision of local sound broadcasting and teletext contractors.\n(3) Before drawing up or revising a statement under this paragraph theAuthority shall consult the Secretary of State and the Treasury.\n(4) The Authority shall—\n(a) publish the statement drawn up under this paragraph and every revision ofthat statement; and\n(b) transmit a copy of the statement, and of every revision of it, to theSecretary of State;\nand the Secretary of State shall lay copies of the statement and of everysuch revision before each House of Parliament.\n(5) The principles relating to advertising revenue and to profits may be setout in separate statements under this paragraph; and where this is done itsprovisions apply to each statement.\n\nDisputes\n\n5(1)For the purposes of the principal sections and this Schedule—\n(a) the amount of any advertising revenue, or\n(b) the amount of any profits, or\n(c) the amount of any additional payments, or of an instalment of additionalpayments,\nshall, in the event of a disagreement between the Authority and theprogramme contractor, be the amount determined by the Authority.\n(2) No determination of the Authority under this paragraph shall be called inquestion in any court of law, or be the subject of any arbitration; butnothing in this sub-paragraph shall prevent the bringing of proceedings forjudicial review.\n\nAccounting periods\n\n6(1)Subject to the provisions of this Schedule, each period for which a bodycorporate which is a programme contractor makes up a profit and loss accountwhich is laid before the body corporate in general meeting shall be anaccounting period, whether that period is a year or not.\n(2) If part of the said period for which a profit and loss account is made upfalls before, and part after—\n(a) the commencement of a relevant order under section 32, or\n(b) the time when the programme contractor begins or ceases to provideprogrammes for broadcasting by the Authority,\nthe two parts shall be treated as separate accounting periods.\nIn paragraph (a) “relevant order” means, in theapplication of this Schedule in relation to the additional payments mentionedin subsection (1)(b) or (as the case may be) subsection (2)(b) of section 32,an order having effect in relation to those payments.\n(3) Where two parts of such a period as is mentioned in sub-paragraph (1) fallto be divided from each other under sub-paragraph (2)(a), section 32(4) shallhave effect as if the profits and advertising revenue for each part were theprofits and advertising revenue for the whole multiplied by—\nwhere X and Y are respectively the number of weeks in that part and thenumber of weeks in the other part, counting (in each case) an odd four daysor more as a week.\n(4) If sub-paragraph (2)(b) would produce an accounting period of three monthsor less, that period shall be added on to the accounting period (if any) whichprecedes or succeeds it (and which does not fall to be divided from it undersub-paragraph (2)(b)).\n(5) A contract which varies another contract may modify the precedingprovisions of this paragraph.\n(6) Nothing in this paragraph shall create an accounting period during whichthe programme contractor is not providing programmes for broadcasting by theAuthority.\n7 If a programme contractor is not a body corporate the contractor’saccounting periods shall be such as the Authority may direct, or as may beprovided in the contract.\n\nInformation\n\n8(1)Every contract shall impose on the contractor such requirements withrespect to the furnishing of information to the Authority as appear to theAuthority, after consultation with the Secretary of State, to berequisite—\n(a) for enabling the Authority to perform their functions under the provisionsof the principal sections and this Schedule, and\n(b) for enabling the Authority to furnish to the Secretary of State suchinformation as he may require for the purpose of determining whether, and inwhat manner, to exercise his powers of making orders under the saidprovisions.\n(2) Without prejudice to the generality of sub-paragraph (1), the duty imposedon the Authority by that sub-paragraph includes the duty to impose, so far asis reasonably practicable, such requirements as will enable the Authority todetermine the amounts (if any) which, in relation to any programme contractor,are to be treated as advertising revenue and relevant income and relevantexpenditure for the computation of profits by virtue, respectively, ofparagraphs 1 and 2.\n(3) It shall be the duty of the Authority to furnish to the Secretary of Statesuch information (whether obtained from contractors or otherwise) as is intheir possession and is required by the Secretary of State for the purpose ofdetermining whether, and in what manner, to exercise his powers of makingorders under the said provisions.\n9 It shall be the duty of the Authority in framing any contract to includeterms ensuring that the Authority will have the right to inspect accounts andrecords—\n(a) of the programme contractor, and\n(b) of any subsidiary of the programme contractor,\nfor the purpose of discharging their functions under the principalsections and this Schedule.\n\nInterpretation\n\n10(1)In this Schedule, and in the principal sections, except where the contextotherwise requires—\n  * “accounting period” shall be construed in accordance withparagraph 6;\n  * “additional payments” and “contract”—\n(a) in the application of this Schedule and the principal sections in relationto the additional payments mentioned in section 32(1)(b), mean respectivelyadditional payments payable by virtue of that paragraph and a contract betweenthe Authority and a programme contractor under which television programmes areto be provided by the programme contractor, and\n(b) in their application in relation to the additional payments mentioned insection 32(2)(b), mean respectively additional payments payable by virtue ofthat paragraph and a contract between the Authority and a programme contractorunder which local sound broadcasts are to be provided by the programmecontractor;\n  * “related”, in relation to a company and a programmecontractor, means that another person (whether alone or jointly with one ormore persons and whether directly or indirectly) holds, or is beneficiallyentitled to, 50 per cent or more of the equity share capital, or possesses 50per cent or more of the voting power, in the company and in the programmecontractor and “holding company” means that other person; and\n  * “subsidiary”, in relation to any person, means a company inwhich that person (whether alone or jointly with one or more persons andwhether directly or indirectly) holds, or is beneficially entitled to, 10 percent or more of the equity share capital, or possesses 10 per cent or more ofthe voting power.\n(2) In this Schedule “payment” includes any valuableconsideration, and references to revenue and receipts and expenditure shallbe construed accordingly.”\n\nPart III Transitional Provisions\n1(1)In this paragraph—\n  * “new statutory provisions” means the provisions of the Broadcasting Act 1981 as amended by this Act; and\n  * “existing statutory provisions” means the provisions of thatAct as they had effect immediately before the coming into force of section181.\n(2) Any contract between the Authority and a programme contractor which is inforce immediately before the day on which section 181 of this Act comes intoforce shall, until it is varied or superseded by a further contract betweenthem or expires or is otherwise terminated (whichever first occurs), be deemedto be modified by virtue of this Schedule so as—\n(a) to substitute provisions in conformity with the new statutory provisionsfor so much of the contract as is in accordance with the existing statutoryprovisions and is not in conformity with the new statutory provisions, and\n(b) to incorporate in the contract such additional provisions as a contractbetween the Authority and a programme contractor is required to include inaccordance with the new statutory provisions;\nand (subject to paragraph 5 of Schedule 4 to the 1981 Act) any provisionsof the contract which provide for arbitration as to any matters contained inthe contract in accordance with the existing statutory provisions shall beconstrued as making the like provision for arbitration in relation to mattersdeemed to be included in the contract by virtue of this sub-paragraph.\n(3) Where it appears to the Authority that the new statutory provisions callfor the inclusion of additional terms in any such contract, but do not affordsufficient particulars of what those terms should be, the Authority may, afterconsulting the programme contractor, decide what those terms are to be.\n(4) This paragraph shall not be taken to have effect in relation to anycontract entered into by a programme contractor and any person other than theAuthority before the day on which section 181 of this Act comes into force.\n2 Where any accounting period of a programme contractor begins before 1stJanuary 1990 and ends after 31st December 1989, the additional paymentspayable by the programme contractor in relation to that accounting periodunder section 32 of the Broadcasting Act 1981 shall be theaggregate of—\n(a) the amounts payable by him on the assumption that section 181 of this Actwas not in force at any time during the accounting period, multipliedby—\nand\n(b) the amounts payable by him on the assumption that that section was inforce throughout the accounting period, multiplied by—\nwhere (taking any odd four days or more as a week)—\n  * X is the number of weeks in the accounting period falling before 1stJanuary 1990, and\n  * Y is the number of weeks in the accounting period falling after 31stDecember 1989.\n3 Where, under the existing statutory provisions, any excess of firstcategory expenditure over first category income of a programme contractorwould have been carried forward and treated as relevant first categoryexpenditure of his for an accounting period ending after 31st December 1989if those provisions had applied in relation to that period then the excessshall be carried forward and treated, under the new statutory provisions, asrelevant expenditure of the contractor for any accounting period which endsafter that date.\n4 In this Part of this Schedule, references to programme contractors shallbe read as including references to teletext contractors.\nSection 187.\n\nSCHEDULE 17 Repeals\n\nPart I Customs and Excise\n1979 c. 2.   The Customs and Excise Management Act 1979.  Section 17(5)(a).Section 147(1).\n1979 c. 4.   The Alcoholic Liquor Duties Act 1979.        Section 73.\n1988 c. 39.  The Finance Act 1988.                        Section 11(2).\n\nThe repeals of section 147(1) of the Customs and Excise Management Act1979 and section 11(2) of the Finance Act 1988 have effect in relation tooffences committed on or after the day on which this Act is passed.\n\nPart II\n\nPart III Value Added Tax\n1983 c. 55.       The Value Added Tax Act 1983.                                       In Schedule 5, Group 6 and, in Group 8A, Note (5).\n1984 c. 43.       The Finance Act 1984.                                               In Schedule 6, Part II.\nS.I. 1986/704.    The Value Added Tax (Land) Order 1986.                              The whole Order.\nS.I. 1986/716.    The Value Added Tax (Land) (No.2) Order 1986.                       The whole Order.\nS.I. 1987 /1072.  The Value Added Tax (Construction of Buildings) (No.2) Order 1987.  Article 2.\n\n1 The repeal of Group 6 of Schedule 5 to the Value Added Tax Act 1983 haseffect in relation to supplies made on or after 1st April 1989.\n2 The remaining repeals have effect in accordance with Schedule 3 to thisAct.\n\nPart IV Income and Corporation Tax: General\n1970 c. 9.   The Taxes Management Act 1970.              In section 15(11), paragraph (b) and the word “and” preceding it.\n1988 c. 1.   The Income and Corporation Taxes Act 1988.  In section 131(2), the words “for the same or another chargeableperiod”.In section 149(1), the words “for that period” and the words “for that or any other period”. Section 170.Section 175(3).In section 176(1), the words “(but not morethan six months)”.In section 178(2), paragraph (b) and the word “or”preceding it.Section 203(4).In section 231, in subsection (4) the words “andwhere” onwards, and subsection (5).Section 433.Section 434(4) and(5).Section 435.Section 436(3)(b).Section 507(2).In section 590(3)(d), thewords “(disregarding any excess of that remuneration over the permittedmaximum)”.Section 595(2) and (3).In section 596(3)(a), the word “either” and the words “or subsection (2)”.In section 600(1), thewords “or have been” and the words “or has at any time been”.Section635(4).In section 645, in subsection (3), the word “and” followingparagraph (a) and subsection (5).In section 655(5), the words “in caseswhere the applications are made before 1st February 1990”.Section 769(7)(b)and (c).In section 824(10), the definition of “United Kingdom estate”.InSchedule 8, in paragraph 7(1), the words “, or is an associate of a personwho has,”; in paragraph 13, in sub-paragraph (1) the word “fixed” andsub-paragraphs (2) and (3); and, in paragraph 14, sub-paragraph (2), insub-paragraph (5) the words “specified in, or” and sub-paragraph (7).InSchedule 9, in paragraph 10, paragraph (ii) of sub-paragraph (c) and the word “and” preceding it.In Schedule 23, paragraph 8.\n1988 c. 39.  The Finance Act 1988.                       In section 68(1), the words from “at the fixed price” to “tendered”.\n\n1 The repeals in sections 131 and 149 and of section 170 of the Income andCorporation Taxes Act 1988 have effect in accordance with section 42 of thisAct.\n2 The repeals in sections 231 and 824 of the Income and Corporation TaxesAct 1988 have effect in accordance with sections 110 and 111 of this Act.\n3 The repeals in sections 433 to 435 of the Income and Corporation Taxes Act1988 have effect in accordance with section 84(5) of this Act and the repealof section 436(3)(b) of that Act has effect in accordance with section 87(5)of this Act.\n4 The repeals in sections 590, 595, 596 and 600 of, and in Schedule 23 to,the Income and Corporation Taxes Act 1988 have effect in accordance withSchedule 6 to this Act.\n5 The repeals in sections 635, 645 and 655 of the Income and CorporationTaxes Act 1988 have effect in accordance with Schedule 7 to this Act.\n6 The repeal of section 769(7)(b) and (c) of the Income and CorporationTaxes Act 1988 has effect in accordance with section 100 of this Act.\n7 The repeal in the Finance Act 1988 has effect in relation to offers madeon or after 11th October 1988.\n\nPart V Close Companies\n1970 c. 9.   The Taxes Management Act 1970.              Section 29(2).In section 31(3)(b), the words “426,”.In the Table insection 98, in the first column, the reference to paragraph 17 of Schedule 19to the principal Act.In Schedule 3, in rule 8, the words from “orrelating” to “Schedule 19 to the principal Act”.\n1972 c. 41.  The Finance Act 1972.                       In Schedule 24, paragraph 6.\n1979 c. 14.  The Capital Gains Tax Act 1979.             In section 89(1), paragraph (b) and the word “or” preceding it.\n1988 c. 1.   The Income and Corporation Taxes Act 1988.  In section 127(3), paragraph (b) and the word “or” preceding it.Insection 230, the word “either”, the words from “or to” to “Schedule 19” and the words “in either case”.In section 239(7), thewords “subsections (5) to (7) of section 430 and”.In section 249(3), thewords “and paragraph 12(1) to (3) of Schedule 19”.In section 250(7), thewords “and paragraph 12 of Schedule 19”.Section 414(3).In section 416(1),the words from “except” to “Schedule 19”.Sections 423 to 430.Insection 539(1), the words “including tax under section 426”.In section681, in subsection (1), paragraph (b) and the word “and” preceding it andsubsections (2) and (3).Section 686(3) and (4).Section 687(3)(b) and (c).Insection 701(8), the words “426(3)”.Section 742(9)(d) and (10).In section825(1)(a), the words from “and any” to “430(7)(a)”.In Schedule 4,paragraph 10(3).In Schedule 8, in paragraph 7(3), the second “and”.Schedule 19.In Schedule 29, in the Table in paragraph 32, theentries relating to section 29(2) of the Taxes Management Act 1970 andsections 89(1)(b) and 136(10)(b) of the Capital Gains Tax Act 1979.\n1988 c. 39.  The Finance Act 1988.                       Section 102(2)(a).\n\n1 The repeal in section 98 of the Taxes Management Act 1970 and the repealof paragraph 17 of Schedule 19 to the Income and Corporation Taxes Act 1988have effect on and after the day on which this Act is passed.\n2 The repeal in section 89 of the Capital Gains Tax Act 1979 (and thecorresponding repeal in Schedule 29 to the Income and Corporation Taxes Act1988) have effect where the due date of issue of the share capital issued toa close company falls in an accounting period of the company beginning after31st March 1989.\n3 The repeal of section 414(3) of the Income and Corporation Taxes Act 1988has effect from 1st April 1989.\n4 The repeal of sections 423 to 430 of, and Schedule 19 to, the Income andCorporation Taxes Act 1988 has effect in accordance with section 103 of thisAct.\n5 The repeals in section 681 of the Income and Corporation Taxes Act 1988have effect in relation to the income of bodies corporate for accountingperiods beginning after 31st March 1989.\n6 The remaining repeals have effect in relation to accounting periodsbeginning after 31st March 1989.\n\nPart VI Capital Allowances\n1968 c. 3.   The Capital Allowances Act 1968.            Section 9(b).Section 14.Section 50.Section 67(11).In section 68, insubsections (1) and (3), the words “or forestry”, in each place wherethey occur, and in subsection (2), the words “and forestryincome”.Section 80.In section 87(4), the words “or forestry”, in bothplaces where they occur.In section 92(5), the words “allowed or” and thewords “balancing allowance or”.Section 93(1) and (2).Schedule 8.\n1971 c. 68.  The Finance Act 1971.                       In Schedule 8, paragraph 2 and, in paragraph 7, in sub-paragraph (1) thewords “Subject to sub-paragraph (2) below” and the words from “byreason of” to the end of paragraph (b) and sub-paragraph (2).\n1978 c. 42.  The Finance Act 1978.                       In Schedule 6, paragraph 8.\n1980 c. 48.  The Finance Act 1980.                       In section 74(6), the words from the beginning to “and”.In section75(6), the words from the beginning to “and”.\n1982 c. 39.  The Finance Act 1982.                       In Schedule 12, paragraph 11.\n1986 c. 41.  The Finance Act 1986.                       Section 56(5).In Schedule 15, in paragraphs 1 to 3, the words “orforestry”, in each place where they occur, in paragraph 7(3), the words “subject to paragraph 9 below”, and in paragraph 11, the words “andforestry income” and the words “or forestry income”.\n1988 c. 1.   The Income and Corporation Taxes Act 1988.  In section 521(5), the words “within the terms of section 839”.\n\n1 The repeal in paragraph 7(1)(b) of Schedule 8 to the Finance Act 1971 haseffect in cases where machinery or plant is brought into use on or after theday on which this Act is passed.\n2 The repeals in sections 68 and 87(4) of the Capital Allowances Act 1968and in paragraphs 1 to 3 and 11 of Schedule 15 to the Finance Act 1986 haveeffect in relation to chargeable periods beginning on or after 6th April 1993.\n3 The repeal in section 521(5) of the Income and Corporation Taxes Act 1988has effect in accordance with paragraph 27 of Schedule 13 to this Act.\n4 The repeals of the provisions listed in sub-paragraph (5) of paragraph 28of Schedule 13 to this Act have effect in accordance with that paragraph.\n\nPart VII Capital Gains\n1973 c. 51.  The Finance Act 1973.                       In section 38(3B)(a), the words “within the period of two years endingat the date of the disposal”.\n1979 c. 14.  The Capital Gains Tax Act 1979.             Section 126(7)(b).Section 142A(5)(c).In Schedule 4, in paragraph 1(2), thewords “at the rate of 50 per cent.,”, in paragraph 3(1), the words from “by virtue” to “(settled property)”, in paragraph 3(2), the words “at the rate of 50 per cent.,” and in paragraph 4(4), the words “(taking account” onwards.\n1980 c. 48.  The Finance Act 1980.                       Section 79.\n1981 c. 35.  The Finance Act 1981.                       Section 78.Section 96(3)(e) and (4).\n1982 c. 39.  The Finance Act 1982.                       Sections 81 and 82.\n1984 c. 43.  The Finance Act 1984.                       Section 64(2)(a).\n1984 c. 51.  The Inheritance Tax Act 1984.               In section 97(2), the words from “and in this section” to the end.\n1985 c. 54.  The Finance Act 1985.                       In section 70(10), paragraph (a) and the word “and” following it.\n1986 c. 41.  The Finance Act 1986.                       In section 58(2), paragraph (b) and the word “and” precedingit.Section 101(2).\n1987 c. 51.  The Finance (No.2) Act 1987.                Section 78.\n1988 c. 1.   The Income and Corporation Taxes Act 1988.  In Schedule 29, in the Table in paragraph 32, the entry relating to section126(7) of the Capital Gains Tax Act 1979.\n\n1 The repeal in the Finance Act 1973 has effect in accordance with section130 of this Act.\n2 The repeal in section 142A of the Capital Gains Tax Act 1979 has effectin accordance with section 92 of this Act.\n3 The repeal of section 81 of the Finance Act 1982 has effect in relationto disposals on or after 6th April 1989 or, in the case of section 81(1)(b),assets acquired on or after that date.\n4 The repeal of section 64(2)(a) of the Finance Act 1984 has effect inaccordance with section 139(1) of this Act.\n5 The repeal in section 97(2) of the Inheritance Tax Act 1984 has effect inaccordance with section 138(7) of this Act.\n6 The repeal in the Finance (No.2) Act 1987 has effect in accordance withsection 140 of this Act.\n7 The remaining repeals have effect in relation to disposals on or after14th March 1989 (except that they shall not have effect in relation to sucha disposal in a case where the enactment in question operates in consequenceof relief having been given under section 79 of the Finance Act 1980 inrespect of a disposal made before that date).\n\nPart VIII Management\n1970 c. 9.   The Taxes Management Act 1970.              Section 16(6).In section 20, subsections (4) and (5) and, in subsection(6), the words “and in relation” onwards.In section 20B(7), the wordsfrom “to a person” to “daughter”.Sections 37 to 39.In section 40(2),the words “Subject to section 41 below,”.Section 41.In section 53(1), thewords “and the reference” onwards.In section 61(5), the words “withinthe said five days” and the words from “The costs” to “thecollector, and”.Section 62(3), so far as unrepealed.Section 64(3), so faras unrepealed.Section 70(5).Section 86(6).Section 87(4) and (5).In section 98,in the Table, in column 1, in the entry relating to Part III of the TaxesManagement Act 1970, the words “, except sections 16 and 24(2)” and theentry relating to section 481(5)(k) of the Income and Corporation Taxes Act1988.In section 118(1), the definition of “neglect”.\n1973 c. 51.  The Finance Act 1973.                       In Schedule 16A, paragraph 10.\n1975 c. 45.  The Finance (No.2) Act 1975.                In section 47(1), the words “of not less than £25”.\n1976 c. 24.  The Development Land Tax Act 1976.          In Schedule 8, paragraphs 17 and 18, so far as unrepealed.\n1980 c. 48.  The Finance Act 1980.                       Section 62.\n1982 c. 39.  The Finance Act 1982.                       Section 69.\n1987 c. 51.  The Finance (No.2) Act 1987.                In section 84, subsections (1) to (3) and (5) to (8).\n1988 c. 1.   The Income and Corporation Taxes Act 1988.  In section 824, in subsections (1)(a) and (b), the words “of not lessthan £25” and, in subsection (5), the words “of not less than£25” and paragraph (b) and the word “and” preceding it.Insection 825(2), the words “of not less than £100”.In Schedule 19A,paragraph 10.\n1988 c. 39.  The Finance Act 1988.                       In section 126, subsection (1) and, in subsection (4)(b), the words “and(9)”.\n                                                         In Schedule 3, paragraph 29.\n1989 c. 26.  The Finance Act 1989.                       Section 165(2).\n\n1 The repeals in sections 16, 53 and 98 of the Taxes Management Act 1970have effect in accordance with section 164 of this Act.\n2 The repeals in sections 20 and 20B of the Taxes Management Act 1970 andsection 126 of the Finance Act 1988 have effect with respect to notices given,or warrants issued, on or after the day on which this Act is passed.\n3 The repeals of sections 37 to 39, in section 40, of section 41 and insection 118 of the Taxes Management Act 1970 and in Schedule 3 to the FinanceAct 1988 have effect in accordance with section 149 of this Act.\n4 The repeals in section 61 of the Taxes Management Act 1970 come into forceon the day appointed under section 152(7) of this Act.\n5 The repeals in sections 86 and 87 of the Taxes Management Act 1970, theFinance (No.2) Act 1975, the Finance Act 1980 and sections 824 and 825 of theIncome and Corporation Taxes Act 1988 have effect in accordance with section158 of this Act.\n6 The repeal in the Finance Act 1982 has effect in accordance with section156(4) of this Act.\n7 The repeal of subsection (2) of section 165 of this Act has effect inrelation to failures beginning on or after the day appointed under thatsubsection.\n\nPart IX Stamp Duty: Insurance\n54 & 55 Vict. c. 39.         The Stamp Act 1891.                         Section 91.Section 98(1).Section 100.Section 118.In Schedule 1, paragraph(3) of the heading beginning “Bond, Covenant, or Instrument of any kindwhatsoever”, the whole of the heading beginning “Insurance”, and thewhole of the heading beginning “Policy of Life Insurance”.\n4 & 5 Eliz. 2 c. 54.         The Finance Act 1956.                       Section 38.\n4 & 5 Eliz. 2 c. 11 (N.I.).  The Finance Act (Northern Ireland) 1956.    Section 6.\n7 & 8 Eliz. 2 c. 58.         The Finance Act 1959.                       In section 30(4), the words preceding paragraph (a) and the words followingparagraph (c).\n7 & 8 Eliz. 2 c. 9 (N.I.).   The Finance Act (Northern Ireland) 1959.    In section 5(4), the words preceding paragraph (a) and the words followingparagraph (c).\n1966 c. 18.                  The Finance Act 1966.                       Section 47.\n1966 c. 21 (N.I.).           The Finance Act (Northern Ireland) 1966.    Section 5.\n1970 c. 24.                  The Finance Act 1970.                       In Schedule 7, paragraphs 7(4) and 17.\n1970 c. 21 (N.I.).           The Finance Act (Northern Ireland) 1970.    In Schedule 2, paragraphs 7(4) and 17.\n1982 c. 39.                  The Finance Act 1982.                       Section 130.\n1988 c. 1.                   The Income and Corporation Taxes Act 1988.  In Schedule 14, in paragraph 3(4) the words from “and section 100” tothe end.\n\nThese repeals have effect in accordance with section 173 of this Act.\n\nPart X Rates of Interest\n1970 c. 9.          The Taxes Management Act 1970.              Section 89.\n1970 c. 24.         The Finance Act 1970.                       Section 30.\n1970 c. 21 (N.I.).  The Finance Act (Northern Ireland) 1970.    Section 1(1) and (2).\n1973 c. 51.         The Finance Act 1973.                       In Schedule 16A, in paragraph 3(4), para-graph (a) and the word “and”following it and the words “they apply”.\n1975 c. 22.         The Oil Taxation Act 1975.                  In Schedule 2, in the Table in paragraph 1, the entry relating to section89 of the Taxes Management Act 1970.\n1975 c. 45.         The Finance (No.2) Act 1975.                Section 47(2).\n1980 c. 1.          The Petroleum Revenue Tax Act 1980.         Section 2(3).\n1984 c. 51.         The Inheritance Tax Act 1984.               Section 233(2) and (4).\n1986 c. 41.         The Finance Act 1986.                       Section 92(4) and (5).In Schedule 19, paragraph 32.\n1987 c. 51.         The Finance (No.2) Act 1987.                Section 89.\n1988 c. 1.          The Income and Corporation Taxes Act 1988.  In section 824, subsection (1A), in subsection (2) the words “and(1A)” and in subsection (6) the words “Without prejudice to subsection(1A) above”.In section 825, subsection (2A) and in subsection (5) the words “Without prejudice to subsection (2A) above”.In Schedule 19A, inparagraph 3(4), para-graph (a) and the word “and” following it and thewords “they apply”.\n1988 c. 39.         The Finance Act 1988.                       In Schedule 13, paragraphs 7(b) and (f) and 8.\n\nThese repeals have effect in accordance with section 178(7) of this Act.\n\nPart XI Broadcasting\n1981 c. 68.  The Broadcasting Act 1981.            Section 32(4A).In section 35(1)(b)(ii), the words “in the case of secondcategory profits,”.\n1982 c. 39.  The Finance Act 1982.                 In section 144, subsections (1), (2), (4) and (5).\n1984 c. 46.  The Cable and Broadcasting Act 1984.  Section 40(2).In Schedule 5, in paragraph 40, sub-paragraphs (7), (8) and(9).\n1986 c. 41.  The Finance Act 1986.                 In Schedule 22, paragraph 1, and paragraphs 4 to 8.\n\nThese repeals have effect on 1st January 1990.\n\nPart XII Government Stock: Redemption\n11 and 12 Geo. 5 c. 32.  The Finance Act 1921.         Sections 50 and 51.Schedule 3.\n5 and 6 Geo. 6 c. 21.    The Finance Act 1942.         In Schedule 11, in Part II, the amendments of the Finance Act 1921.\n9 and 10 Geo. 6 c. 64.   The Finance Act 1946.         Section 66.\n1969 c. 48.              The Post Office Act 1969.     Section 108(1)(c).\n1982 c. 41.              The Stock Transfer Act 1982.  Section 4.\n\nSo far as relating to stock registered in the National Savings StockRegister these repeals have effect on the coming into force of the firstregulations made by virtue of section 3(1)(bb) of the National Debt Act 1972and so far as relating to other stock and bonds they have effect on the cominginto force of the first regulations made by virtue of section 47(1)(bb) of theFinance Act 1942.\n\nPart XIII National Savings\n1971 c. 29.  The National Savings Bank Act 1971.  Section 5(2), (5), (6) and (7).In section 26(2), paragraph (b) and the word “or” preceding it.\n1982 c. 39.  The Finance Act 1982.                In Schedule 20, paragraph 4(2).\n\nThese repeals, apart from the repeal of section 5(2), (5) and (6) of theNational Savings Bank Act 1971, come into force on 1st October 1989.\n\nPart XIV Tithe Redemption\n26 Geo. 5 & 1 Edw. 8 c. 43.  The Tithe Act 1936.              Section 2(1).In section 4(2), in paragraph (a) the words “the amount”onwards.Section 7.Part II.Section 31(7).In section 47(1), the definition of “interest date”.In section 47(4), the words “of any stock, or”.InSchedule 7, paragraph 3(a) of Part I, Part II, and paragraph 2 of Part III.\n5 & 6 Geo. 6 c. 21.          The Finance Act 1942.            In Schedule 11, in Part I the entry relating to Redemption Stock and inPart II the amendment of the Tithe Act 1936.\n14 & 15 Geo. 6 c. 62.        The Tithe Act 1951.              In section 8(2), the words from “which” to “Act”, and the words “and appended” onwards.\n6 & 7 Eliz. 2 c. 55.         The Local Government Act 1958.   In Schedule 8, paragraph 15.\n1968 c. 13.                  The National Loans Act 1968.     In section 16(7), the words “Part II of the Tithe Act 1936”.Section16(9)(a).In section 22(3), the words “Part II of the Tithe Act 1936”.InSchedule 1, the entries relating to section 26 of the Tithe Act 1936.\n1972 c. 65.                  The National Debt Act 1972.      In section 15(1), the words “section 24 of the Tithe Act 1936”.\n1979 c. 14.                  The Capital Gains Tax Act 1979.  In Schedule 2, in Part II, the entry relating to securities issued underPart II of the Tithe Act 1936.\n\nThese repeals have effect from the day appointed under section 187(2)of this Act.","title":""}
{"_id":"text_ukpga_Eliz2_7-8_70","text":"[29th July, 1959]\n\nPart I Compensation for Compulsory Acquisition of Land\n\n1—13.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n14—16.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n17—22.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nPart II Acquisition, Appropriation and Disposal of Land by Local Authorities and other Public Bodies\n\n23 Exercise of powers of acquisition by agreement.\n(1) Where by any enactment—\n(a) power is conferred on any authority to whom this Part of this Act applies, or on any class of such authorities, to acquire land by agreement, but\n(b) that power is so conferred subject to a provision (in whatever terms the provision is expressed, and whether it is contained in the same or in any other enactment) that the power is not to be exercised except with the consent of a Minister specified in that provision, with or without a further provision enabling conditions to be imposed by such a Minister in respect of the exercise of the power,\nthe enactment shall have effect, in relation to acquisitions to which this section applies, as if it conferred that power free from any such provision as is mentioned in paragraph (b) of this subsection.\n(2) This section applies to every acquisition of land by agreement by an authority to whom this Part of this Act applies, in pursuance of a contract made after the commencement of this Act.\n(3) In this Part of this Act “authority to whom this Part of this Act applies” means a body of any of the descriptions specified in the Fourth Schedule to this Act; “land” includes any servitude and any other interest in, or right over, land; “Minister” means a Minister of the Crown or a government department; and “consent” includes approval, sanction and authorisation.\n\n24 Exercise of powers of appropriation.\n(1) Subject to the following provisions of this section, where by any enactment—\n(a) power is conferred on any authority to whom this Part of this Act applies, or on any class of such authorities, to appropriate land for any purpose, whether the purpose is defined in the enactment specifically or by reference to some other power exercisable by the authority or class of authorities in question, but\n(b) that power is so conferred subject to a provision (in whatever terms the provision is expressed, and whether it is contained in the same or in any other enactment) that the power is not to be exercised except with the consent of a Minister specified in that provision, or for a purpose approved by a Minister so specified, with or without a further provision enabling conditions to be imposed by such a Minister in respect of the exercise of the power,\nthe enactment shall have effect, in relation to any exercise of the power after the commencement of this Act by an authority to whom this Part of this Act applies, as if it conferred that power free from any such provision as is mentioned in paragraph (b) of this subsection.\n(2) The exercise after the commencement of this Act, by any authority to whom this Part of this Act applies, of any power of appropriation in relation to which subsection (1) of this section has effect shall be subject to the provision that land which is held for use as allotments shall not be appropriated except with the consent of the Secretary of State.\n(2A) Before exercising any power of appropriation in relation to land which consists, or forms part of a common or of an open space (not being land which is held for use as allotments) an authority to whom this Part of this Act applies—\n(a) shall, for at least two consecutive weeks in a newspaper circulating in their area, publish a notice of the proposed appropriation; and\n(b) shall consider any objections to that appropriation which may be made to them.\n(3) Subsection (1) of this section shall not apply to any appropriation of land in pursuance of an order under section thirty-nine of the Act of 1947.\n\n25 Adjustment of accounts on appropriation of land.\n(1) On an appropriation of land for any purpose by an authority to whom this Part of this Act applies, other than an appropriation falling within the next following subsection, such adjustment shall be made in the accounts of the authority as may be requisite in the circumstances.\n(2) Where land is appropriated for any purpose by an authority to whom this Part of this Act applies, and—\n(a) either the land was immediately before the appropriation held by the authority for the purposes of a grant-aided function, or it is appropriated by the authority for the purposes of such a function, and\n(b) apart from this section, a Minister would by virtue of any enactment have power to direct an adjustment to be made in the accounts of the authority in connection with that appropriation,\nsuch adjustment shall be made in the accounts of the authority as the Secretary of State may direct.\n(3) The preceding provisions of this section shall have effect in substitution for the provisions of any enactment in force immediately before the commencement of this Act whereby an adjustment is required to be made in the accounts of an authority to whom this Part of this Act applies on an appropriation of land by such an authority.\n\n26 Amendment of s. 21 of Land Settlement (Scotland) Act, 1919 c. 97.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n27 Exercise of powers of disposing of land.\n(1) Subject to the following provisions of this section, where by any enactment—\n(a) power is conferred on any authority to whom this Part of this Act applies, or on any class of such authorities, to dispose of land, but\n(b) that power is so conferred subject to a provision (in whatever terms the provision is expressed and whether it is contained in the same or in any other enactment) that the power is not to be exercised except with the consent of a Minister specified in that provision, with or without a further provision enabling conditions to be imposed by such a Minister in respect of the exercise of the power,\nthe enactment shall have effect, in relation to any exercise of the power after the commencement of this Act by an authority to whom this Part of this Act applies, as if it conferred that power free from any such provision as is mentioned in paragraph (b) of this subsection.\n(2) A disposal by an authority to whom this Part of this Act applies of land held for use as allotments, if it is a disposal which apart from this section could not be effected except with the consent of a Minister, shall not be effected except with the consent of the Secretary of State.\n(2A) Before disposing of any land which consists, or forms part, of a common or of an open space (not being land which is held for use as allotments) an authority to whom this Part of this Act applies—\n(a) shall, for at least two consecutive weeks in a newspaper circulating in their area, publish a notice of the proposed disposal; and\n(b) shall consider any objections to that disposal which may be made to them.\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4) Subject to the provisions of this Act, section 74(2) of the Local Government (Scotland) Act 1973 (consideration for disposal of land) shall apply to any disposal of land by an authority to whom this Part of this Act applies in the exercise of a power in relation to which subsection (1) of this section has effect (not being a power under Part VI of the said Act of 1973) as it applies to the like disposal of land by a local authority in the exercise of any power under the said Part VI.\n(5) Subsection (1) of this section shall not apply—\n(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(b) to section 191 of the Town and Country Planning (Scotland) Act 1997\n(c) to any exercise of the powers conferred by section 75(1) of the Local Government (Scotland) Act 1973 (which relates to the disposal in certain circumstances of land forming part of the common good of a burgh); or\n(d) to any local enactment in so far as it provides (in whatsoever terms), that, except with the consent of a Minister specified therein, land shall not be disposed of thereunder for a rent, price ... or other consideration of a value less than the current market value thereof.\n(6) In determining, for the purposes of subsection (2) of this section, whether a disposal of land under a local enactment is a disposal which apart from this section could not be effected except with the consent of a Minister, any such provision as is mentioned in paragraph (d) of the last preceding subsection shall be disregarded.\n\n28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n29 Protection of persons deriving title under transactions requiring consent.\n(1) Where after the commencement of this Act an authority to whom this Part of this Act applies purport to acquire, appropriate or dispose of land under an enactment whereby power to acquire, appropriate or dispose of land is conferred on that authority, or on a class of authorities to whom this Part of this Act applies, then—\n(a) in favour of any person claiming under the authority, the acquisition, appropriation or disposal so purporting to be made shall not be invalid by reason that any consent of a Minister which (whether by virtue of this Part of this Act or otherwise) is required thereto has not been given, and\n(b) a person dealing with the authority, or with a person claiming under the authority, shall not be concerned to see or inquire whether any such consent has been given.\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n30 General provisions relating to Part II.\n(1) Any reference in this Part of this Act to a provision that a power is not to be exercised except with the consent of a Minister is a reference to a provision which either—\n(a) requires such consent generally in respect of any exercise of the power, or\n(b) requires such consent in respect of the exercise of the power in such circumstances as may be specified therein.\n(2) For the purposes of this Part of this Act any provision whereby a power is to be exercised only if a Minister specified therein is satisfied as to any matters so specified shall be taken to be a provision that the power shall not be exercised except with the consent of the Minister.\n(3) Any reference in this Part of this Act to an enactment whereby a power is conferred on an authority to whom this Part of this Act applies, or on a class of such authorities,—\n(a) shall be taken to include any enactment whereby the power in question is conferred on local authorities generally, or on a class of local authorities which includes a class of authorities to whom this Part of this Act applies, or is conferred on a class of authorities to whom this Part of this Act applies together with any other class of local authorities, but\n(b) shall not be taken to include any enactment whereby (without particular reference to local authorities, or to bodies of any description specified in the Fourth Schedule to this Act) a power is conferred generally on persons of a description specified in the enactment, notwithstanding that one or more authorities to whom this Part of this Act applies may fall within the description specified in the enactment.\n(4) For the purposes of any provision of this Part of this Act whereby the consent of a Minister is required, or directions may be given by a Minister, for any purpose therein mentioned, the consent or directions may be given by that Minister either generally to all authorities to whom the provision relates, or to any class of such authorities, or may be given specifically in any particular case, and (whether given generally or otherwise) may be given either unconditionally or subject to such conditions as the Minister giving the consent or directions may consider appropriate.\n(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nPart III\n\n31—37.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nPart IV Obligation to Purchase Interests of Owner-Occupiers affected by Planning Proposals.\n\n38 Notice requiring purchase of owner-occupier’s interest.\n(1) The provisions of this Part of this Act shall have effect in relation to land which—\n(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(b) is land allocated by a development plan for the purposes of any functions of a government department, local authority or statutory undertakers, or of the National Coal Board, or is land defined in such a plan as the site of proposed development for the purposes of any such functions, or\n(c)—(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(2)—(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n39—42.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nPart V Miscellaneous and Supplementary Provisions\n\n43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n44 Compensation for damage to requisitioned land.\n(1) In relation to compensation accruing due after the twenty-ninth day of October, nineteen hundred and fifty-eight, by virtue of paragraph (b) of subsection (1) of section two of the Compensation (Defence) Act, 1939 (which relates to compensation payable in respect of damage occurring to requisitioned land during the period of requisition), section fifty-five of the Act of 1954 (which limits the amount of that compensation) shall have effect as if any reference to the price which, at the relevant time and in the relevant circumstances, would be the compulsory purchase price of the land were a reference to the value which, at that time and in those circumstances, would be the value of ... the land as is mentioned in paragraph (a) of subsection (2) of the said section fifty-five (that is to say, the ... land, subject to any ... servitude or other restriction affecting the land at the relevant time, but otherwise free from burdens).\n(2) In this section “the relevant time” means the time when the compensation accrues due, and “in the relevant circumstances” means if the land were at the relevant time in the state in which it was when possession of the land was taken in the exercise of emergency powers.\n\n45 Acquisition of land in connection with town development schemes.\n(1) The power of the Secretary of State under subsection (1) of section thirteen of the Housing and Town Development (Scotland) Act, 1957, to authorise a receiving authority to acquire land compulsorily for purposes connected with a town development scheme under Part II of that Act shall, subject to the provisions of this section, be exercisable notwithstanding that it is not immediately necessary for the proper execution of the town development scheme that the land should be so acquired.\n(2) The compulsory acquisition of land shall not be authorised by virtue of the preceding subsection unless the Secretary of State is satisfied that it is likely to become, within ten years from the date on which he confirms the compulsory purchase order, necessary for the purpose mentioned in subsection (1) of this section that the land should be acquired as therein mentioned.\n(3) In this section “town development scheme” and “receiving authority” have the same meanings respectively as in the said Act of 1957.\n\n46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n48 Amendment of s. 81 of Lands Clauses Consolidation (Scotland) Act, 1845\n(1) Section eighty-one of the Lands Clauses Consolidation (Scotland) Act, 1845 (which relates to expenses of conveyances) shall, in relation to any conveyance of lands granted after the commencement of this Act, have effect as if any reference therein to the charges and expenses of establishing the title to the lands included a reference to any expenses necessarily incurred by the seller in taking any action he may be requested by the promoters of the undertaking to take in connection with the conveyance in question\n(2) In this section “conveyance”, “seller” and “promoters of the undertaking” have the same meanings as in the said section eighty-one.\n\n49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n50 Application of Act to Crown.\n(1)—(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4) In so far as any power conferred by section thirteen of the Housing and Town Development (Scotland) Act, 1957, is exercisable in respect of Crown land, that power as extended by section forty-five of this Act shall be exercisable in respect of Crown land to the like extent.\n(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n51—53.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n54 Interpretation.\n(1) In this Act, except in so far as the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—\n  * “acquiring authority”, in relation to the acquisition of an interest in land (whether compulsorily or by agreement) or to a proposal so to acquire such an interest, means the government department, local authority or other body by whom the interest is, or is proposed to be, acquired;\n  * “the Act of 1919” means the Acquisition of Land (Assessment of Compensation) Act, 1919;\n  * “the Act of 1947” means the Town and Country Planning (Scotland) Act, 1947;\n  * “the Act of 1954” means the Town and Country Planning (Scotland) Act, 1954;\n  * “ the Act of 1969 ” means the Town and Country Planning (Scotland) Act 1969\n  * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n  * “compulsory acquisition” and “public authority possessing compulsory purchase powers” have the same meanings as in the Act of 1954;\n  * “disposal” means disposal by way of sale, excambion or lease, or by way of the creation of any servitude, right or privilege, or in any other manner, except by way of appropriation, gift, or the creation of a heritable security, and “dispose of” shall be construed accordingly;\n  * “function” means a power or a duty, and “grant-aided function”, in relation to a body, means a function in respect of which a grant or contribution (other than any grant under section 2 of the Local Government (Scotland) Act 1966 . . . is payable to that body by a government department out of moneys provided by Parliament or out of money paid out of the Scottish Consolidated Fund;\n  * “government department” includes a Minister of the Crown;\n  * “local enactment” means a local or private Act, or an order confirmed by Parliament or brought into operation in accordance with special parliamentary procedure;\n  * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n  * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n  * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n  * “prescribed” (except in relation to matters required or authorised by this Act to be prescribed by an order) means prescribed by regulations under this Act;\n  * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(2) In this Act, in relation to a compulsory acquisition in pursuance of a notice to treat, “the relevant interest” means the interest acquired in pursuance of that notice, “the relevant land” means the land in which the relevant interest subsists, and “the notice to treat” means the notice to treat in pursuance of which the relevant interest is acquired.\n(3) Subject to the preceding subsections, and except in so far as the context otherwise requires, expressions used in this Act and in the Act of 1947 have the same meanings in this Act as in that Act.\n(4) Subsections (3), (4), (6), (7) and (9) of section sixty-nine of the Act of 1954 (which relates to the interpretation of that Act) shall apply for the purposes of this Act as they apply for the purposes of that Act.\n(5) Subsections (2) and (3) of section one hundred and eight of the Act of 1947 shall apply for the purposes of the construction of references in this Act to the Third Schedule to the Act of 1947.\n(6) For the purposes of this Act a person entitled to two interests in land shall be taken to be entitled to them in the same capacity if, but only if, he is entitled—\n(a) to both of them beneficially, or\n(b) to both of them as trustee of one particular trust, or\n(c) to both of them as personal representative of one particular person;\nand in this subsection “trustee” has the same meaning as in the Trusts (Scotland) Act, 1921.\n(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(8) Any reference in this Act to a sale of an interest in land by agreement in circumstances corresponding to a compulsory acquisition to which section one of this Act applies is a reference to a sale thereof to a public authority possessing compulsory purchase powers, being a sale in pursuance of a contract made after the twenty-ninth day of October, nineteen hundred and fifty-eight.\n(9) For the purposes of this Act development of land shall be taken to be initiated—\n(a) if the development consists of the carrying out of operations, at the time when those operations are begun;\n(b) if the development consists of a change in use, at the time when the new use is instituted;\n(c) if the development consists both of the carrying out of operations and of a change in use, at the earlier of the times mentioned in the preceding paragraphs.\n(10) References in this Act to any enactment shall, except where the context otherwise requires, be construed as references to that enactment as amended by or under any other enactment including this Act.\n\n55 Minor and consequential amendments and repeals.\n(1) Subject to the following provisions of this section, and without prejudice to any amendments having effect by virtue of the preceding provisions of this Act,—\n(a) the enactments specified in the Seventh Schedule to this Act shall have effect subject to the amendments specified in that Schedule; and\n(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3) The amendments of, . . . section fifty-five of the Act of 1954 specified in the Seventh . . . Schedules to this Act shall not have effect in relation to any compensation accruing due on or before the twenty-ninth day of October, nineteen hundred and fifty-eight.\n(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n56 Short title, citation, repeal of Town and Country Planning Act, 1959, commencement and extent.\n(1) This Act may be cited as the Town and Country Planning (Scotland) Act, 1959; and the Town and Country Planning (Scotland) Acts, 1947 to 1954, and this Act, except Part II thereof, may be cited together as the Town and Country Planning (Scotland) Acts, 1947 to 1959.\n(2) The Town and Country Planning Act, 1959, is hereby repealed; and (without prejudice to the operation of subsection (1) of section thirty-eight of the Interpretation Act, 1889, which relates to the effect of repeals and re-enactments) any enactment instrument or other document referring to that Act, or any provision of that Act, in its application to Scotland shall be construed as referring to this Act or, as the case may be, the corresponding provision of this Act.\n(3) The preceding provisions of this section shall come into operation on the passing of this Act, and, save as aforesaid, this Act shall come into operation on the sixteenth day of August, nineteen hundred and fifty-nine.\n(4) For the purposes of this Act and of the application thereto of section thirty-seven of the Interpretation Act, 1889 (which relates to the exercise of statutory powers between the passing and the commencement of an Act) references to the commencement of this Act shall, notwithstanding the provisions of section thirty-six of the said Act of 1889 with respect to the construction of the expression “commencement”, be construed as references to the time at which this Act, except subsections (1) and (2) of this section, comes into operation.\n(5) This Act shall extend to Scotland only.\n\nSCHEDULES\n\nFIRST TO THIRD SCHEDULES\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\nSections 23, 30.\n\nFOURTH SCHEDULE Authorities to whom Part II applies\n1A local authority within the meaning of the Local Government (Scotland) Act, 1973\n2A joint board or joint committee constituted for the purpose of performing all or any of the functions of two or more local authorities within the meaning of the said Act of 1973 under that Act or any of the following enactments, that is to say—\n  * ...\n  * ...\n  * ...\n  * the Town and Country Planning (Scotland) Act 1997\n  * the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997\n  * the National Health Service (Scotland) Act, 1947;\n  * the Children Act, 1948;\n  * ...\n  * the Police (Scotland) Act, 1956.\n3 Scottish Water.\n3AA water development board as defined in section 109(1) of the Water (Scotland) Act 1980.\n4A river purification authority for the purposes of the Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965.\n5 Any authority constituted under a local enactment.\n\nFIFTH AND SIXTH SCHEDULES\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\nSection 55.\n\nSEVENTH SCHEDULE Enactments amended . . .\n\nThe Town and Country Planning (Scotland) Act, 1954\n\nIn section fifty-five, in subsection (1), for the word “price” there shall be substituted the word “value” ; and in subsection (2) for the words “value and price” there shall be substituted the word “values”, and for paragraph (b) there shall be substituted the following paragraph:—\n“(b)the value which such dominium utile (subject as mentioned in the preceding paragraph but otherwise free from burdens) would have at that time if the land were then in the state in which it was when possession thereof was taken in the exercise of emergency powers.”\n\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nEIGHTH AND NINTH SCHEDULES\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .","title":""}
{"_id":"text_nia_2013_10","text":"[17th September 2013]\nBE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:\n\nPart 1 Preliminary\n\nSustainable development\n1—(1) Nothing in this Act affects the duty of the Department under section 25 of the Northern Ireland (Miscellaneous Provisions) Act 2006 to exercise its functions in accordance with that section.\n(2) Accordingly, the Department must in exercising its functions under this Act—\n(a) act in the way it considers best calculated to contribute to the achievement of sustainable development in Northern Ireland, except to the extent that it considers that any such action is not reasonably practicable in all the circumstances of the case; and\n(b) have regard to any strategy or guidance relating to sustainable development issued by the Department.\n\nThe Northern Ireland inshore region\n2—(1) In this Act the “Northern Ireland inshore region” means the area of sea within the seaward limits of the territorial sea of the United Kingdom adjacent to Northern Ireland, including the bed and subsoil of the sea within that area.\n(2) In this Act “sea” includes—\n(a) any area submerged at mean high water spring tide,\n(b) the waters of every estuary, river or channel, so far as the tide flows at mean high water spring tide.\n(3) The area of sea referred to in subsection (2)(a) includes waters in any area—\n(a) which is closed, whether permanently or intermittently, by a lock or other artificial means against the regular action of the tide, but\n(b) into which seawater is caused or permitted to flow, whether continuously or from time to time, and\n(c) from which seawater is caused or permitted to flow, whether continuously or from time to time.\n(4) In relation to Part 3, subsections (1) to (3) are subject to section 13(2).\n(5) The boundaries between the parts of the territorial sea of the United Kingdom adjacent to Northern Ireland and the parts not so adjacent are to be determined by reference to an Order in Council under section 98(8) of the Northern Ireland Act 1998 if, or to the extent that, the Order in Council is expressed to apply—\n(a) for the purposes of this Act, or\n(b) if no such provision has been made, for the general or residual purposes of that Act.\n\nArrangements to promote co-ordination of functions in Northern Ireland inshore region\n3—(1) The Department may enter into arrangements with a relevant public authority designed to promote the effective co-ordination of the exercise by the parties to the arrangements of their respective functions in the Northern Ireland inshore region.\n(2) The Department shall keep arrangements made under this section under review.\n(3) The Department shall—\n(a) within one year of the date on which this Act receives Royal Assent publish details of any arrangements made under this section; and\n(b) within three years of the date on which this Act receives Royal Assent lay before the Assembly a report on the effectiveness of any arrangements made under this section.\n(4) For the purposes of this section “the relevant public authorities” are—\n(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(c) the Department of Enterprise, Trade and Investment;\n(d) the Department for Regional Development;\n(e) the Agri-food and Biosciences Institute;\n(f) the Foyle, Carlingford and Irish Lights Commission.\n\nPart 2 Marine Planning\n\nMarine plans\n\nMarine plans for Northern Ireland inshore region\n4—(1) The Department may prepare a marine plan for an area (a “marine plan area”) consisting of the whole or any part of the Northern Ireland inshore region.\n(2) Where a marine policy statement governs marine planning for the Northern Ireland inshore region, the Department must seek to ensure that every part of that region is within an area for which a marine plan is in effect.\n(3) A “marine plan” is a document which—\n(a) has been prepared and adopted for a marine plan area by the Department in accordance with Schedule 1,\n(b) states the policies of the relevant Northern Ireland departments (however expressed) for and in connection with the sustainable development of the area, and\n(c) states that it is a marine plan prepared and adopted for the purposes of this section.\n(4) A marine plan must identify (by means of a map or otherwise) the marine plan area for which it is a marine plan.\n(5) Unless relevant considerations indicate otherwise, a marine plan must be in conformity—\n(a) with any marine policy statement which governs marine planning for the marine plan area; and\n(b) in the case of a plan for part of the Northern Ireland inshore region, with any marine plan in effect for the whole of that region.\n(6) A marine plan must state whether it includes provision relating to retained functions.\n(7) A marine plan may also include statements or information relating to policies contained in the plan.\n(8) If to any extent a policy stated in a marine plan conflicts with any other statement or information in the plan, that conflict must be resolved in favour of the policy.\n(9) A marine plan comes into effect when it has been published by the Department in accordance with Schedule 1.\n(10) For the purposes of this Part a marine policy statement “governs marine planning” for an area if—\n(a) it has been adopted by the Department under Schedule 5 to the 2009 Act,\n(b) it has been published in accordance with paragraph 12 of that Schedule,\n(c) it has not been replaced or withdrawn, and\n(d) the Department has not withdrawn from it.\n(11) For the purposes of this Part “the relevant Northern Ireland departments” are—\n(a) the Department;\n(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(d) the Department of Enterprise, Trade and Investment; and\n(e) the Department for Regional Development.\n\nAmendment of marine plan\n5—(1) The Department may amend a marine plan.\n(2) The provisions of this Part that relate to the preparation, adoption, publication and coming into effect of a marine plan also apply in relation to amendments of a marine plan.\n(3) Any reference in this Act to a marine plan includes a reference to a marine plan as amended.\n\nWithdrawal of marine plan\n6—(1) A marine plan may be withdrawn at any time, but only in accordance with the following provisions of this section.\n(2) If, after consultation with the other relevant Northern Ireland departments, the Department decides to withdraw a marine plan—\n(a) it is to publish notice of the withdrawal of the plan in the Belfast Gazette, and\n(b) the marine plan is withdrawn as from the date on which the notice is so published.\n(3) If at any time the Secretary of State decides to withdraw agreement previously given under paragraph 15(2) of Schedule 1 to a marine plan—\n(a) the Secretary of State is to give notice of that decision to the Department,\n(b) within 7 days of receiving that notice, the Department must publish notice of the withdrawal of the marine plan in the Belfast Gazette, and\n(c) the marine plan is withdrawn as from the date on which the notice is so published.\n(4) Where a marine plan is withdrawn under this section, the Department must—\n(a) publish notice of the withdrawal of the marine plan on the Department's website; and\n(b) take such further steps as it considers appropriate to secure that the withdrawal of the marine plan is brought to the attention of interested persons.\n(5) In this section “interested persons” means—\n(a) any persons appearing to the Department to be likely to be interested in, or affected by, the withdrawal of the marine plan, and\n(b) members of the general public.\n\nDuty to keep relevant matters under review\n7—(1) The Department must keep under review the matters which may be expected to affect the exercise of its functions relating to—\n(a) the identification of areas which are to be marine plan areas, and\n(b) the preparation, adoption, review, amendment or withdrawal of marine plans for those areas.\nThe reference in paragraph (b) to review is a reference to the functions of the Department under section 9.\n(2) The matters include—\n(a) the physical, environmental, social, cultural and economic characteristics of the Northern Ireland inshore region and of the living resources which the region supports;\n(b) the purposes for which any part of the region is used;\n(c) the communications, energy and transport systems of the region;\n(d) any other considerations which may be expected to affect those matters.\n(3) The matters also include—\n(a) any changes which could reasonably be expected to occur in relation to any such matter;\n(b) the effect that any such changes may have in relation to the sustainable development of the region, its natural resources, or the living resources dependent on the region.\n(4) The reference in subsection (2)(a) to the cultural characteristics of the Northern Ireland inshore region includes a reference to characteristics of that region which are of a historic or archaeological nature.\n\nDecisions affected by a marine plan\n\nDecisions affected by a marine plan\n8—(1) A public authority must take any authorisation or enforcement decision in accordance with any appropriate marine plan, unless relevant considerations indicate otherwise.\n(2) If a public authority takes an authorisation or enforcement decision otherwise than in accordance with any appropriate marine plan, the public authority must state its reasons.\n(3) A public authority must have regard to any appropriate marine plan in taking any decision—\n(a) which relates to the exercise of any function capable of affecting the whole or any part of the Northern Ireland inshore region, but\n(b) which is not an authorisation or enforcement decision.\n(4) An “authorisation or enforcement decision” is any of the following—\n(a) the determination of any application (whenever made) for authorisation of the doing of any act which affects or might affect the whole or any part of the Northern Ireland inshore region,\n(b) any decision relating to any conditions of such an authorisation,\n(c) any decision about extension, replacement, variation, revocation or withdrawal of any such authorisation or any such conditions (whenever granted or imposed),\n(d) any decision relating to the enforcement of any such authorisation or any such conditions,\n(e) any decision relating to the enforcement of any prohibition or restriction (whenever imposed) on the doing of any act, or of any act of any description, falling within paragraph (a).\n(5) In this section “authorisation” means any approval, confirmation, consent, licence, permission or other authorisation (however described), whether special or general.\n(6) Subject to subsection (7), to the extent that the decision relates to a marine plan area, any marine plan which is in effect for that area is an appropriate marine plan.\n(7) But in relation to the exercise of retained functions by a public authority a marine plan is only an appropriate marine plan if—\n(a) it contains a statement under section 4(6) that it includes provision relating to retained functions,\n(b) it was adopted with the agreement of the Secretary of State under paragraph 15(2) of Schedule 1, and\n(c) it was prepared and adopted at a time when a marine policy statement was in effect which governed marine planning for the Northern Ireland inshore region.\n\nMonitoring and reporting on marine plans\n\nMonitoring of, and periodical reporting on, marine plans\n9—(1) For so long as a marine plan is in effect, the Department must keep under review—\n(a) the effects of the policies in the marine plan;\n(b) the effectiveness of those policies in securing that the objectives for which the marine plan was prepared and adopted are met;\n(c) the progress being made towards securing those objectives;\n(d) if a marine policy statement governs marine planning for the Northern Ireland inshore region, the progress being made towards securing that the objectives for which the marine policy statement was prepared and adopted are met in that region.\n(2) The Department must from time to time prepare and publish a report on the matters kept under review pursuant to subsection (1).\n(3) After publishing a report under subsection (2), the Department must—\n(a) lay a copy of the report before the Assembly; and\n(b) decide whether or not to amend or replace the marine plan.\n(4) The first report under subsection (2) must be published before the expiration of 3 years beginning with the date on which the marine plan was adopted; and successive reports under that subsection must be published at intervals of no more than 3 years following the date of publication of the previous report.\n(5) Any reference in this section to the replacement of a marine plan is a reference to—\n(a) preparing and adopting, in accordance with the provisions of this Part, a fresh marine plan (whether or not for the identical marine plan area), and\n(b) if the Department has not already done so, withdrawing the marine plan that is to be replaced.\n(6) The Department must from time to time prepare and lay before the Assembly a report which—\n(a) identifies any marine plans which the Department has prepared and adopted;\n(b) describes any intentions the Department may have for the amendment of any marine plans which it has prepared and adopted;\n(c) describes any intentions the Department may have for the preparation and adoption of any further marine plans.\n(7) The first report prepared under subsection (6) must be laid before the Assembly before the expiration of the period of 6 years beginning with the date of the passing of this Act; and successive reports under that subsection must be laid at intervals of no more than 6 years following the laying of the previous report.\n(8) No report under subsection (6) is required to be laid in a case where the period of 6 years following the laying of the previous report ends on or after 1st January 2030.\n\nValidity of marine plans and amendments\n\nValidity of marine plans\n10—(1) This section applies to—\n(a) any marine plan,\n(b) any amendment of a marine plan.\n(2) Anything falling within the paragraphs of subsection (1) is referred to in this section as a “relevant document”.\n(3) A relevant document must not be questioned in any legal proceedings, except in so far as is provided by the following provisions of this section.\n(4) A person aggrieved by a relevant document may make an application to the High Court on any of the following grounds—\n(a) that the document is not within the appropriate powers;\n(b) that a procedural requirement has not been complied with.\n(5) Any such application must be made not later than 12 weeks after the publication of the relevant document.\n(6) In this section—\n“the appropriate powers” means the powers conferred by sections 4 to 7 or Schedule 1;\n“procedural requirement” means any requirement under the appropriate powers which relates to the preparation, adoption or publication of a relevant document.\n\nPowers of the High Court on an application under section 10\n11—(1) This section applies in any case where an application under section 10 is made to the High Court.\n(2) The court may make an interim order suspending the operation of the relevant document—\n(a) wholly or in part,\n(b) generally or as it affects a particular area;\nand an interim order has effect until the proceedings are finally determined.\n(3) Subsection (4) applies if the court is satisfied as to any of the following—\n(a) that a relevant document is to any extent outside the appropriate powers;\n(b) that the interests of the applicant have been substantially prejudiced by failure to comply with a procedural requirement.\n(4) The court may—\n(a) quash the relevant document;\n(b) remit the relevant document to the Department.\n(5) If the court remits the relevant document under subsection (4)(b), it may give directions as to the action to be taken in relation to the relevant document.\n(6) Directions under subsection (5) may in particular—\n(a) require the relevant document to be treated (generally or for specified purposes) as not having been adopted or published;\n(b) require specified steps in the process that has resulted in the adoption of the relevant document to be treated (generally or for specified purposes) as having been taken or as not having been taken;\n(c) require action to be taken by the Department.\n(7) The court's powers under subsections (4) and (5) are exercisable in relation to the whole or any part of the relevant document.\n(8) Expressions used in this section and in section 10 have the same meaning in this section as they have in that section.\n\nInterpretation\n\nInterpretation of this Part\n12—(1) In this Part—\n  * “adopted”—\n    (a) in the case of a marine policy statement, is to be read in accordance with section 44 of, and paragraph 12 of Schedule 5 to, the 2009 Act;\n    (b) in the case of a marine plan, is to be read in accordance with section 4 of, and paragraph 15 of Schedule 1 to, this Act;\n  * “marine plan” has the meaning given in section 4;\n  * “marine plan area” has the meaning given in section 4;\n  * “marine policy statement” is to be construed in accordance with sections 44 and 47 of the 2009 Act;\n  * “the relevant Northern Ireland departments” has the meaning given in section 4(11);\n  * “retained functions” has the meaning given in section 60 of the 2009 Act.\n(2) Any reference in this Part to a marine policy statement governing marine planning for an area is to be construed in accordance with section 4(10).\n\nPart 3 Marine protection\n\nDesignation of MCZs\n\nDesignation of marine conservation zones\n13—(1) The Department may by order designate any area of sea falling within the Northern Ireland inshore region as a marine conservation zone (an “MCZ”).\n(2) For the purposes of this Part “the Northern Ireland inshore region” and “the sea” do not include any waters upstream of the fresh-water limit of estuarial waters.\n(3) In this Part “estuarial waters” means any waters within the limits of transitional waters, within the meaning of the Water Framework Directive (that is to say, Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy).\n(4) The reference in subsection (1) to an area of sea includes a reference to any island in the sea, whether or not any part of it lies above mean high water spring tide.\n(5) The Department may not designate any area of sea under this section without the agreement of the Secretary of State.\n\nMCZs\n\nGrounds for designation of MCZ\n14—(1) The Department may make an order under section 13 designating an area as an MCZ if it thinks that it is desirable to do so for the purpose of conserving—\n(a) marine flora or fauna;\n(b) marine habitats or types of marine habitat;\n(c) features of geological or geomorphological interest.\n(2) The order must state—\n(a) the protected feature or features;\n(b) the conservation objectives for the MCZ.\n(3) Any reference in this Part to the conservation objectives stated for an MCZ is a reference to the conservation objectives stated for the MCZ under subsection (2)(b).\n(4) The reference in subsection (1)(a) to conserving marine flora or fauna includes, in particular, a reference to conserving any species that is rare or threatened because of—\n(a) the limited number of individuals of that species, or\n(b) the limited number of locations in which that species is present.\n(5) The references in subsection (1)(a) and (b) to conserving marine flora or fauna or habitat include references to conserving the diversity of such flora, fauna or habitat, whether or not any or all of them are rare or threatened.\n(6) Any reference in this Part to conserving a thing includes references to—\n(a) assisting in its conservation;\n(b) enabling or facilitating its recovery or increase.\n(7) In considering whether it is desirable to designate an area as an MCZ, the Department must have regard to any economic, cultural or social consequences of designating that area and, so far as possible, to—\n(a) the extent to which any of the following activities are likely to be prohibited or significantly restricted within that area if it is designated—\n(i) any licensable marine activity (within the meaning of Part 4 of the 2009 Act);\n(ii) fishing for or taking animals or plants from the sea;\n(b) the likely impact on the environment within that area if that area is not designated;\n(c) the likely impact on the environment elsewhere in the Northern Ireland inshore region as a result of any activity mentioned in paragraph (a) being displaced from that area if it is designated.\n(8) The reference in subsection (7) to any social consequences of designating an area as an MCZ includes a reference to any consequences of doing so for any sites in that area (including any sites comprising, or comprising the remains of, any vessel, aircraft or marine installation) which are of historic or archaeological interest.\n\nFurther provision as to orders designating MCZs\n15—(1) An order under section 13 designating an area as an MCZ must identify the boundaries of the area designated.\n(2) The boundary of an MCZ may be determined by, or by reference to, mean high water spring tide.\n(3) An MCZ may (in addition to an area of sea) include an area of the seashore lying above mean high water spring tide if—\n(a) the area of seashore adjoins the area of sea; and\n(b) any of the conditions in subsection (4) is satisfied.\n(4) The conditions are that—\n(a) the protected feature or features leading to the designation of the area of sea is or are also present in the area of seashore;\n(b) the area of sea is designated for the purpose of conserving marine flora or fauna which are dependent (wholly or in part) on anything which takes place in, or is present in, the area of seashore;\n(c) without the inclusion of the area of seashore, the identification of the boundary of the MCZ (either in the order designating the area or on the ground for the purposes of exercising functions in relation to it) would be impossible or impracticable.\n(5) An order under section 13 designating an area as an MCZ—\n(a) must designate an area of land (whether or not that land is covered by water), and\n(b) may designate some or all of the water covering that land.\n\nDesignation procedure\n\nConsultation before designation\n16—(1) Before making an order under section 13, the Department must comply with subsections (2) to (4).\n(2) The Department must publish notice of its proposal to make the order.\n(3) The notice under subsection (2) must—\n(a) be published in such manner as the Department thinks is most likely to bring the proposal to the attention of any persons who are likely to be affected by the making of the order;\n(b) contain a statement of the terms of the proposed order.\n(4) The Department must consult—\n(a) the Secretary of State; and\n(b) any other persons who the Department thinks are likely to be interested in, or affected by, the making of the order.\n(5) If the Department fails to make the order before the end of the period of 12 months beginning with the date on which notice was published under subsection (2), then anything done by the Department for the purposes of complying with subsections (2) to (4) of this section is, for those purposes, to be treated as not having been done.\n(6) In a case where the Department thinks that there is an urgent need to protect the area proposed to be designated as an MCZ, the Department need not comply with subsections (2), (3) and (4)(b).\n(7) In such a case, the order designating the area as an MCZ remains in operation for a period not exceeding two years, unless the Department makes a further order before the end of that period confirming the designation.\n(8) Before making such an order, the Department must comply with subsections (2) to (4) (and subsection (5) applies accordingly).\n\nPublication of orders\n17—(1) This section applies where an order has been made under section 13.\n(2) The Department must publish notice of the making of the order.\n(3) The notice under subsection (2) must—\n(a) be published in such manner as the Department thinks is most likely to bring the order to the attention of any persons who are likely to be affected by the making of it;\n(b) give an address at which a copy of the order may be inspected.\n(4) The Department must—\n(a) make a copy of the order available for inspection at the address specified under subsection (3)(b) at all reasonable hours without payment;\n(b) provide a copy of the order to any person who requests one.\n(5) The Department may charge a fee, not exceeding its costs, for providing a copy under subsection (4)(b).\n\nHearings\n18—(1) This section applies where the Department has the function of deciding whether to make an order under section 13 designating an area as an MCZ.\n(2) The Department may, before making that decision, give to any person the opportunity of—\n(a) appearing before and being heard by a person appointed for that purpose;\n(b) providing written representations to such a person.\n(3) The Department may make regulations providing for the procedure to be followed (including decisions as to costs) at hearings held under subsection (2).\n(4) A person appointed under subsection (2) must make a report to the Department of any oral or written representations made under that subsection.\n\nReview of orders\n19 The Department must review any order it has made under section 13 if the Department receives representations that the order should be amended or revoked from—\n(a) the Secretary of State,\n(b) the Scottish Ministers, or\n(c) the department of the Government of Ireland with responsibility for marine conservation in any area adjoining or adjacent to the area designated by the order.\n\nDuties of Department\n\nCreation of network of conservation sites\n20—(1) In order to contribute to the achievement of the objective in subsection (2), the Department must designate MCZs under section 13.\n(2) The objective is that the MCZs designated by the Department, taken together with—\n(a) any marine conservation zones designated under section 116 of the 2009 Act;\n(b) any nature conservation marine protected areas designated under section 67 of the Marine (Scotland) Act 2010; and\n(c) any relevant conservation sites in the UK marine area,\nform a network which satisfies the conditions in subsection (3).\n(3) The conditions are—\n(a) that the network contributes to the conservation or improvement of the marine environment in the UK marine area;\n(b) that the features which are protected by the sites comprised in the network represent the range of features present in the UK marine area;\n(c) that the designation of sites comprised in the network reflects the fact that the conservation of a feature may require the designation of more than one site.\n(4) For the purposes of subsection (2), the following are “relevant conservation sites”—\n(a) a European marine site within the meaning of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995;\n(b) a European offshore marine site within the meaning of the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007;\n(c) the whole or part of any area of special scientific interest within the meaning of Part 4 of the Environment (Northern Ireland) Order 2002;\n(d) the whole or part of any Ramsar site, that is to say any site designated under the Convention on Wetlands of International Importance especially as Waterfowl Habitat signed at Ramsar on 2nd February 1971, as amended by—\n(i) the Protocol known as the Paris Protocol done at Paris on 3rd December 1982; and\n(ii) the amendments known as the Regina Amendments adopted at the Extraordinary Conference of the Contracting Parties held at Regina, Saskatchewan, Canada, between 28th May and 3rd June 1987; and\n(iii) any further amendments coming into force from time to time.\n(5) When complying with the duty imposed by subsection (1), the Department must have regard to any assimilated obligations or obligations under international law that relate to the conservation or improvement of the marine environment.\n(6) In subsection (3)(a) the reference to “the conservation or improvement of the marine environment” includes the preservation, maintenance and re-establishment of a sufficient diversity and area of habitat for wild birds in Northern Ireland in implementation of Article 3 of the Wild Birds Directive (including by means of the upkeep, management and creation of such habitat, as appropriate), having regard to the requirements of Article 2 of that Directive.\n(7) Before the end of the period of 2 months beginning with the date on which this section comes into operation, the Department must—\n(a) prepare a statement setting out such principles relating to the achievement of the objective in subsection (2) as the Department intends to follow when complying with the duty imposed by subsection (1), and\n(b) lay a copy of the statement before the Assembly.\n(8) A statement prepared by the Department under this section may also set out other matters relating to the achievement of that objective which the Department intends to take into account when complying with the duty imposed by subsection (1).\n(9) The Department must—\n(a) keep under review any statement it has prepared under this section, and\n(b) if it considers it appropriate in consequence of a review, prepare a revised statement of the principles referred to in subsection (7) and lay a copy of it before the Assembly.\n(10) In this section—\n“feature” means anything falling within paragraphs (a) to (c) of section 14(1);\n“UK marine area” has the meaning given by section 42 of the 2009 Act;\n“the Wild Birds Directive” means Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds.\n(11) For the purposes of this section, the Wild Birds Directive is to be read with the following modifications—\n(a) references to “the European territory of the Member States to which the Treaty applies” include the United Kingdom;\n(b) references to a Member State (or Member States) include the United Kingdom.\n\nReports\n21—(1) Before the end of every relevant period, the Department must lay before the Assembly a report setting out—\n(a) the extent to which, in the opinion of the Department, the objective in section 20(2) has been achieved;\n(b) any further steps which, in the opinion of the Department, are required to be taken in order to contribute to the achievement of that objective.\n(2) The report must also contain the following information—\n(a) the number of MCZs which the Department has designated during the relevant period;\n(b) in relation to each such MCZ—\n(i) the size of the MCZ, and\n(ii) the conservation objectives stated for the MCZ;\n(c) the number of MCZs designated by the Department in which the following activities are prohibited or significantly restricted—\n(i) any licensable marine activity;\n(ii) fishing for or taking animals or plants from the sea;\n(d) information about any amendments which the Department has made to any orders made under section 13;\n(e) the extent to which, in the opinion of the Department, the conservation objectives stated for each MCZ which it has designated have been achieved;\n(f) any further steps which, in the opinion of the Department, are required to be taken in relation to any MCZ in order to achieve the conservation objectives stated for it.\n(3) In this section—\n“licensable marine activity” has the same meaning as in Part 4 of the 2009 Act;\n“relevant period” means—\n(a) the period beginning on the date on which this section comes into operation and ending on 31 December 2018;\n(b) each subsequent period of 6 years.\n\nDuties of public authorities\n\nGeneral duties of public authorities in relation to MCZs\n22—(1) This section applies to any public authority having any function the exercise of which is capable of affecting (other than insignificantly)—\n(a) the protected features of an MCZ;\n(b) any ecological or geomorphological process on which the conservation of any protected feature of an MCZ is (wholly or in part) dependent.\n(2) Every public authority to which this section applies must (so far as is consistent with their proper exercise)—\n(a) exercise its functions in the manner which the authority considers best furthers the conservation objectives stated for the MCZ;\n(b) where it is not possible to exercise its functions in a manner which furthers those objectives, exercise them in the manner which the authority considers least hinders the achievement of those objectives.\n(3) If a public authority (other than the Department) considers that any of its functions is such that the exercise of the function would or might significantly hinder the achievement of the conservation objectives stated for the MCZ, it must inform the Department of that fact.\n(4) Subject to subsection (6), subsection (5) applies in any case where a public authority (other than the Department) intends to do an act which is capable of affecting (other than insignificantly)—\n(a) the protected features of an MCZ;\n(b) any ecological or geomorphological process on which the conservation of any protected feature of an MCZ is (wholly or in part) dependent.\n(5) If the authority believes that there is or may be a significant risk of the act hindering the achievement of the conservation objectives stated for the MCZ, the authority must notify the Department of that fact.\n(6) Subsection (5) does not apply where—\n(a) the Department has given the authority advice or guidance under section 24 in relation to acts of a particular description,\n(b) the act which the authority intends to do is an act of that description, and\n(c) the advice or guidance has not ceased to apply.\n(7) Where the authority has given notification under subsection (5), it must wait until the expiry of the period of 28 days beginning with the date of the notification before deciding whether to do the act.\n(8) Subsection (7) does not apply where—\n(a) the Department notifies the authority that it need not wait until the end of the period referred to in that subsection, or\n(b) the authority thinks that there is an urgent need to do the act.\n(9) If a public authority (other than the Department) considers that a relevant event has occurred, it must inform the Department of that fact.\n(10) A “relevant event” is any act—\n(a) in relation to which the public authority exercises functions,\n(b) which the authority believes to be an offence, and\n(c) which the authority considers will or may significantly hinder the achievement of the conservation objectives for an MCZ.\n(11) In carrying out its duties under this section a public authority must have regard to any advice or guidance given by the Department under section 24.\n\nDuties of public authorities in relation to certain decisions\n23—(1) This section applies where—\n(a) a public authority (other than the Department) has the function of determining an application (whenever made) for authorisation of the doing of an act, and\n(b) the act is capable of affecting (other than insignificantly)—\n(i) the protected features of an MCZ;\n(ii) any ecological or geomorphological process on which the conservation of any protected feature of an MCZ is (wholly or in part) dependent.\n(2) If the authority believes that there is or may be a significant risk of the act hindering the achievement of the conservation objectives stated for the MCZ, the authority must notify the Department of that fact.\n(3) Where the authority has given notification under subsection (2), it must wait until the expiry of the period of 28 days beginning with the date of the notification before deciding whether to grant authorisation for the doing of the act.\n(4) Subsection (3) does not apply where—\n(a) the Department notifies the authority that it need not wait until the end of the period referred to in that subsection, or\n(b) the authority thinks that there is an urgent need to grant authorisation for the doing of the act.\n(5) The authority must not grant authorisation for the doing of the act unless the condition in subsection (6) or the condition in subsection (7) is met.\n(6) The condition in this subsection is that the person seeking the authorisation satisfies the authority that there is no significant risk of the act hindering the achievement of the conservation objectives stated for the MCZ.\n(7) The condition in this subsection is that, although the person seeking the authorisation is not able to satisfy the authority as mentioned in subsection (6), that person satisfies the authority that—\n(a) there is no other means of proceeding with the act which would create a substantially lower risk of hindering the achievement of conservation objectives stated for the MCZ,\n(b) the benefit to the public of proceeding with the act clearly outweighs the risk of damage to the environment that will be created by proceeding with it, and\n(c) the person seeking the authorisation will undertake, or make arrangements for the undertaking of, measures of equivalent environmental benefit to the damage which the act will or is likely to have in or on the MCZ.\n(8) The reference in subsection (7)(a) to other means of proceeding with an act includes a reference to proceeding with it—\n(a) in another manner, or\n(b) at another location.\n(9) In a case falling within subsection (7), the authority must, if it has power to grant the authorisation subject to conditions, exercise that power so as to make it a condition of the authorisation that the measures mentioned in subsection (7)(c) are undertaken.\n(10) In carrying out its duties under this section a public authority must have regard to any advice or guidance given by the Department under section 24.\n(11) In this section—\n“authorisation” means any approval, confirmation, consent, licence, permission or other authorisation (however described), whether special or general;\n“damage” includes the prevention of an improvement.\n\nAdvice and guidance by the Department\n24—(1) The Department may give advice and guidance as to—\n(a) the matters which are capable of damaging or otherwise affecting any protected feature or features of an MCZ;\n(b) the matters which are capable of affecting any ecological or geomorphological process on which the conservation of any protected feature or features is (wholly or in part) dependent;\n(c) how any conservation objectives stated for an MCZ may be furthered, or how the achievement of any such objectives may be hindered;\n(d) how the effect of any activity or activities on any MCZ, or such zones generally, may be mitigated;\n(e) which activities are, or are not, of equivalent environmental benefit (for the purposes of section 23(7)(c)) to any particular damage to the environment (within the meaning of that provision).\n(2) Advice or guidance may be given—\n(a) either in relation to a particular MCZ or such zones generally;\n(b) either to a particular public authority or public authorities generally.\n(3) The Department must give advice to any other public authority if the authority requests it.\n\nFailure to comply with duties, etc.\n25—(1) This section applies if, in the opinion of the Department, any other public authority has failed—\n(a) to comply with the duty imposed by section 22(2) or the duty imposed by section 23(5);\n(b) to act in accordance with advice or guidance given by the Department under section 24.\n(2) Where this section applies—\n(a) the Department must request from the public authority an explanation for the failure; and\n(b) the public authority must provide the Department with such an explanation in writing within the period of 28 days from the date of the request under paragraph (a) or such longer period as the Department may allow.\n\nByelaws\n\nByelaws for protection of MCZs\n26—(1) The Department may make byelaws for the purpose of furthering the conservation objectives stated for an MCZ.\n(2) Byelaws under this section may be made so as to apply to any area in the Northern Ireland inshore region or in any other part of Northern Ireland.\n(3) The provision that may be made by byelaws under this section includes, in particular, provision—\n(a) prohibiting or restricting entry into, or any movement or other activity within, the MCZ by persons or animals;\n(b) prohibiting or restricting entry into, or any movement or other activity within, the MCZ by vessels or (where appropriate) vehicles;\n(c) restricting the speed at which any vessel may move in the MCZ or in any specified area outside the MCZ where that movement might hinder the conservation objectives stated for the MCZ;\n(d) prohibiting or restricting the anchoring of any vessel within the MCZ;\n(e) prohibiting or restricting the killing, taking, destruction, molestation or disturbance of animals or plants of any description in the MCZ;\n(f) prohibiting or restricting the doing of anything in the MCZ which would interfere with the sea bed or damage or disturb any object in the MCZ.\n(4) The provision that may be made by byelaws under this section also includes provision prohibiting or restricting entry into, or any movement or other activity on, any part of the seashore that adjoins the MCZ by persons, animals or vehicles.\n(5) Byelaws under this section may provide for the Department to issue permits authorising anything which would, apart from such a permit, be unlawful under the byelaws.\n(6) The Department may attach to a permit under subsection (5) any condition which the Department thinks appropriate to attach to that permit.\n(7) Byelaws under this section may be made subject to specified exceptions.\n(8) Byelaws under this section may make different provision for different cases, including (in particular)—\n(a) different parts of the MCZ;\n(b) different times of the year;\n(c) different means or methods of carrying out any activity.\n(9) In this section “specified” means specified in the byelaws.\n\nByelaws: procedure\n27—(1) Subject to subsection (10), before making any byelaws under section 26, the Department must comply with subsections (2) to (6).\n(2) The Department must place a copy of a draft of the byelaws in such place or places as the Department thinks is or are likely to be most convenient for the purpose of enabling the draft to be inspected by persons likely to be affected by the making of the byelaws.\n(3) The Department must provide a copy of a draft of the byelaws to any person who requests one.\n(4) The Department may charge a fee, not exceeding its costs, for providing a copy under subsection (3).\n(5) The Department must publish notice of its proposal to make the byelaws.\n(6) The notice under subsection (5) must—\n(a) be published in such manner as the Department thinks is most likely to bring the proposal to the attention of any persons who are likely to be affected by the making of the byelaws;\n(b) state where the copy or copies of the draft byelaws have been placed by the Department in accordance with subsection (2);\n(c) state the time within which representations about the byelaws must be made to the Department.\n(7) Byelaws made under section 26 do not have effect until they are confirmed by the Secretary of State; and byelaws which are confirmed come into operation—\n(a) on such date as may be determined by the Secretary of State, or\n(b) if no such date is determined, one month after the date on which they are confirmed.\n(8) As soon as is reasonably practicable after the confirmation of byelaws made under section 26, the Department must publish notice of the making of the byelaws.\n(9) The notice under subsection (8) must—\n(a) be published in such manner as the Department thinks is most likely to bring the byelaws to the attention of any persons who are likely to be affected by the making of the byelaws;\n(b) state that a copy of the byelaws may be inspected at the offices of the Department.\n(10) Nothing in this section applies where the Department thinks that there is an urgent need to protect an MCZ.\n\nEmergency byelaws\n28—(1) Where the Department thinks that there is an urgent need to protect an MCZ, byelaws made by it for that purpose have effect without being confirmed by the Secretary of State.\n(2) Byelaws that have effect by virtue of this section (“emergency byelaws”)—\n(a) come into operation on a date specified in the byelaws, and\n(b) remain in operation (unless revoked) for such period, not exceeding 12 months, as is specified in the byelaws.\n(3) The Department must publish notice of the making of emergency byelaws.\n(4) The notice under subsection (3) must—\n(a) be published in such manner as the Department thinks is most likely to bring the byelaws to the attention of any persons who are likely to be affected by the making of the byelaws;\n(b) state that a copy of the byelaws may be inspected at the offices of the Department;\n(c) state that the Secretary of State has power to revoke the byelaws and that any person affected by the making of the byelaws may make representations to the Secretary of State.\n(5) The Secretary of State may revoke emergency byelaws.\n(6) The Department must keep under review the need for emergency byelaws to remain in operation.\n(7) The Department may, by further byelaws, provide that emergency byelaws are to remain in operation for such period beyond that specified under subsection (2)(b) as is specified in the further byelaws.\n(8) The Department may not make byelaws under subsection (7) unless—\n(a) it intends to make byelaws under section 26 in respect of the MCZ in accordance with section 27 (“the permanent byelaws”), and\n(b) it has, in respect of the permanent byelaws, complied with section 27(5).\n(9) A period specified under subsection (7) may not exceed 6 months.\n\nInterim byelaws for MCZ\n29—(1) The Department may make byelaws for the purpose of protecting any feature in an area in Northern Ireland if the Department thinks—\n(a) that there are or may be reasons for the Department to consider whether to designate the area as an MCZ, and\n(b) that there is an urgent need to protect the feature.\n(2) In this Part “interim byelaws” means byelaws made under subsection (1).\n(3) Interim byelaws must contain a description of the boundaries of the area to which they apply (which must be no greater than is necessary for the purpose of protecting the feature in question).\n(4) Subsections (2) to (9) of section 26 apply to interim byelaws as they apply to byelaws made under that section, except that any reference to an MCZ is to be read as a reference to the area to which the interim byelaws apply.\n(5) Interim byelaws—\n(a) come into operation on a date specified in the byelaws, and\n(b) remain in operation (unless revoked) for such period, not exceeding 12 months, as is specified in the byelaws.\n(6) The Department must publish notice of the making of interim byelaws.\n(7) The notice under subsection (6) must—\n(a) be published in such manner as the Department thinks is most likely to bring the byelaws to the attention of any persons who are likely to be affected by the making of the byelaws;\n(b) state that a copy of the byelaws may be inspected at the offices of the Department;\n(c) state that the Secretary of State has power to revoke the byelaws and that any person affected by the making of the byelaws may make representations to the Secretary of State.\n(8) The Secretary of State may revoke interim byelaws.\n(9) The Department must keep under review the need for interim byelaws to remain in operation.\n(10) The Department may by further byelaws extend the period for which interim byelaws remain in operation; but interim byelaws may not by virtue of this subsection remain in operation for an aggregate period exceeding 12 months.\n(11) If, while interim byelaws are in operation, the Department gives notice of a proposal to make an order under section 13 designating any part of the area in question as an MCZ, the Department may direct that interim byelaws are to remain in operation—\n(a) until the Department has decided whether to make the order under section 13;\n(b) if the Department decides to make such an order, until that order comes into effect.\n(12) The Department must publish a direction under subsection (11) in such manner as the Department thinks is most likely to bring the direction to the attention of any persons who are likely to be affected by the making of it.\n(13) In this section “feature” means any flora, fauna, habitat or feature which could be a protected feature if the area in question were designated as an MCZ.\n\nByelaws: supplementary\n30—(1) This section applies to byelaws made under section 26 or 29.\n(2) The Department must—\n(a) make a copy of any byelaws to which this section applies available for inspection at its offices at all reasonable hours without payment;\n(b) provide a copy of any such byelaws to any person who requests one.\n(3) The Department may charge a fee, not exceeding its costs, for providing a copy under subsection (2)(b).\n(4) In the case of byelaws made under section 26 in accordance with section 27, subsections (2) and (3) apply only after the byelaws have been confirmed under section 27(7).\n(5) Byelaws to which this section applies are not statutory rules for the purposes of the Statutory Rules (Northern Ireland) Order 1979.\n\nHearings\n31—(1) This section applies where the Secretary of State has the function of—\n(a) deciding (under section 27(7)) whether to confirm byelaws made under section 26;\n(b) deciding (under section 28(5)) whether to revoke emergency byelaws;\n(c) deciding (under section 29(8)) whether to revoke interim byelaws.\n(2) This section also applies where the Department has the function of—\n(a) deciding whether to make byelaws under section 26;\n(b) deciding whether to make interim byelaws under section 29.\n(3) The Secretary of State or (as the case may be) the Department may, before making that decision, give to any person the opportunity of—\n(a) appearing before and being heard by a person appointed for that purpose;\n(b) providing written representations to such a person.\n(4) The Department may make regulations providing for the procedure to be followed (including decisions as to costs) at hearings held under subsection (3).\n(5) A person appointed under subsection (3) must make a report to the Secretary of State or (as the case may be) the Department of any oral or written representations made under that subsection.\n\nOffences\n\nOffence of contravening byelaws\n32—(1) It is an offence for a person to contravene any byelaws made under section 26 or 29.\n(2) A person who is guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.\n(3) Proceedings for an offence under this section may be taken, and the offence may for all incidental purposes be treated as having been committed, in any part of Northern Ireland.\n\nOffence of damaging, etc. protected features of MCZ\n33—(1) A person is guilty of an offence under this section if—\n(a) the person without lawful excuse does a prohibited act,\n(b) at the time of doing that act, the person knows, or ought to have known, that the feature to which the act relates is in, or forms part of, an MCZ, and\n(c) the act has significantly hindered, or may significantly hinder, the achievement of the conservation objectives stated for the MCZ.\n(2) For the purposes of subsection (1), a person does a prohibited act if the person—\n(a) intentionally or recklessly kills or injures any animal in an MCZ which is a protected feature of that MCZ,\n(b) intentionally picks or collects, or intentionally or recklessly cuts, uproots or destroys, any plant in an MCZ which is a protected feature of that MCZ,\n(c) intentionally or recklessly takes anything from an MCZ which is, or forms part of, a protected feature of that MCZ, or\n(d) intentionally or recklessly destroys or damages any habitat or feature which is a protected feature of an MCZ.\n(3) For the purposes of determining whether anything done by a person in relation to a protected feature is a prohibited act for the purposes of subsection (1), it is immaterial whether the person knew, or ought to have known, that the feature was a protected feature.\n(4) A person who is guilty of an offence under this section is liable—\n(a) on summary conviction, to a fine not exceeding £50,000;\n(b) on conviction on indictment, to a fine.\n(5) In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court must in particular have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence.\n(6) Proceedings for an offence under this section may be taken, and the offence may for all incidental purposes be treated as having been committed, in any part of Northern Ireland.\n\nExceptions\n34—(1) A person is not guilty of an offence under section 32 or 33 if the act which is alleged to constitute the offence—\n(a) was done in accordance with section 22(2) by a public authority;\n(b) was expressly authorised by an authorisation granted in accordance with section 23, or was necessarily incidental to such an act;\n(c) was done in accordance with a permit issued by the Department (whether under section 26(5) or otherwise);\n(d) was necessary in the interests of the prevention or detection of crime, or was necessary for securing public health;\n(e) was necessary for the purpose of securing the safety of any vessel, aircraft or marine installation;\n(f) was done for the purpose of saving life.\n(2) Subsection (1)(e) does not apply where the necessity was due to the fault of the person or of some other person acting under the person's direction or control.\n(3) A person is not guilty of an offence under section 32 by reason of doing anything that is an offence under section 33.\n(4) It is a defence for a person who is charged with an offence under section 33 to show that—\n(a) the act which is alleged to constitute the offence was—\n(i) an act done for the purpose of, and in the course of, sea fishing, or\n(ii) an act done in connection with such an act, and\n(b) the effect of the act on the protected feature in question could not reasonably have been avoided.\n(5) The Department may by order amend this section so as to remove, or restrict the application of, the defence provided by subsection (4).\n\nFixed monetary penalties\n\nFixed monetary penalties\n35—(1) The Department may by order make provision to confer on the Department the power by notice to impose a fixed monetary penalty on a person in relation to an offence under section 32.\n(2) Provision under this section may only confer such a power in relation to a case where the Department is satisfied beyond reasonable doubt that the person has committed the offence.\n(3) For the purposes of this Part a “fixed monetary penalty” is a requirement to pay to the Department a penalty of a prescribed amount.\n(4) The amount of the fixed monetary penalty that may be imposed in relation to an offence may not exceed level 1 on the standard scale.\n(5) In this section “prescribed” means prescribed in an order made under this section.\n\nFixed monetary penalties: procedure\n36—(1) Provision under section 35 must secure the results in subsection (2).\n(2) Those results are that—\n(a) where the Department proposes to impose a fixed monetary penalty on a person, the Department must serve on that person a notice of what is proposed (a “notice of intent”) which complies with subsection (3),\n(b) the notice of intent also offers the person the opportunity to discharge the person's liability for the fixed monetary penalty by payment of a prescribed sum (which must be less than or equal to the amount of the penalty),\n(c) if the person does not so discharge liability—\n(i) the person may make written representations and objections to the Department in relation to the proposed imposition of the fixed monetary penalty, and\n(ii) the Department must at the end of the period for making representations and objections decide whether to impose the fixed monetary penalty,\n(d) where the Department decides to impose the fixed monetary penalty, the notice imposing it (“the final notice”) complies with subsection (5), and\n(e) the person on whom a fixed monetary penalty is imposed may appeal against the decision to impose it.\n(3) To comply with this subsection the notice of intent must include information as to—\n(a) the grounds for the proposal to impose the fixed monetary penalty,\n(b) the effect of payment of the sum referred to in subsection (2)(b),\n(c) the right to make representations and objections,\n(d) the circumstances in which the Department may not impose the fixed monetary penalty,\n(e) the period within which liability to the fixed monetary penalty may be discharged, which must not exceed the period of 28 days beginning with the day on which the notice of intent is received, and\n(f) the period within which representations and objections may be made, which must not exceed the period of 28 days beginning with the day on which the notice of intent is received.\n(4) Provision pursuant to subsection (2)(c)(ii)—\n(a) must secure that the Department may not decide to impose a fixed monetary penalty on a person where the Department is satisfied that the person would not, by reason of any defence, be liable to be convicted of the offence in relation to which the penalty is proposed to be imposed, and\n(b) may include provision for other circumstances in which the Department may not decide to impose a fixed monetary penalty.\n(5) To comply with this subsection the final notice referred to in subsection (2)(d) must include information as to—\n(a) the grounds for imposing the penalty,\n(b) how payment may be made,\n(c) the period within which payment must be made,\n(d) any early payment discounts or late payment penalties,\n(e) rights of appeal, and\n(f) the consequences of non-payment.\n(6) Provision pursuant to subsection (2)(e) must secure that the grounds on which a person may appeal against a decision of the Department include the following—\n(a) that the decision was based on an error of fact;\n(b) that the decision was wrong in law;\n(c) that the decision was unreasonable.\n(7) In this section “prescribed” means prescribed in an order made under section 35.\n\nFixed monetary penalties: further provision\n37 Schedule 2 (which makes further provision about fixed monetary penalties) has effect.\n\nEnforcement powers\n\nEnforcement officers\n38—(1) The Department may appoint persons for the purposes of enforcing—\n(a) Articles 4, 6, 7, 10, 12, 13, 14, 15 and 15A of the Wildlife (Northern Ireland) Order 1985;\n(b) regulations 34, 36 and 38 of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995;\n(c) any byelaws made by virtue of regulations 23 or 31 of those Regulations;\n(d) Article 46 of the Environment (Northern Ireland) Order 2002;\n(e) any byelaws made under section 26 or 29 of this Act; and\n(f) section 33 of this Act.\n(2) For the purposes of enforcing those provisions, a person appointed under this section has the common enforcement powers (see section 39).\n(3) Subject as follows, those powers may be exercised in the Northern Ireland inshore region and in any other part of Northern Ireland.\n(4) Those powers may not be exercised in relation to any ship belonging to Her Majesty and forming part of the armed forces.\n(5) Those powers may not be exercised in relation to any vessel within subsection (6) unless, in the case of a third country vessel (other than a vessel falling within paragraph (b) or (c) of that subsection), the United Kingdom is entitled under international law to exercise those powers without the consent of the flag state.\n(6) The vessels are—\n(a) a third country vessel;\n(b) a warship that is being used by the government of a State other than the United Kingdom;\n(c) any other vessel that is being used by such a government for any non-commercial purpose.\n(7) In this section—\n“flag state”, in relation to a vessel, means the State whose flag the vessel is flying or is entitled to fly;\n“third country vessel” means a vessel which—\n(a) is flying a flag of, or is registered in, any State or territory other than the United Kingdom; and\n(b) is not registered in the United Kingdom.\n(8) Sections 289 to 292 of the 2009 Act (which provide for the identification, liability and protection of enforcement officers under that Act) apply to a person appointed under this section as they apply to such enforcement officers, but with the substitution—\n(a) for references to any power conferred by Part 8 of the 2009 Act of references to any of the common enforcement powers conferred by subsection (2);\n(b) for references to functions under that Act of references to functions under this Part; and\n(c) for the reference in section 292(10) to the United Kingdom of a reference to Northern Ireland.\n\nThe common enforcement powers\n39—(1) For the purposes of this Part, the common enforcement powers are the powers set out in Chapter 2 of Part 8 of the 2009 Act.\n(2) Accordingly, that Chapter applies (with any appropriate modifications) where those powers are conferred by section 38(2) as it applies where those powers are conferred by the 2009 Act.\n\nSupplementary\n\nRepeals, amendments and transitional provisions\n40—(1) The following provisions (which relate to marine nature reserves) are repealed—\n(a) in the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985—\n(i) Articles 20 and 21;\n(ii) in Article 31 “21” (wherever it occurs); and\n(iii) Part 2 of Schedule 3;\n(b) in the Territorial Sea Act 1987—\n(i) section 3(2)(c); and\n(ii) in Schedule 1, paragraph 9.\n(2) Any area which, immediately before the day on which this section comes into operation, is designated by an order under Article 20 of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 as a marine nature reserve is to be treated, on and after that day, as if it were a marine conservation zone designated by an order under section 13.\n(3) The designation having effect by virtue of subsection (2) includes (in accordance with section 15(5)(b)) the area of land designated by the order under Article 20, together with all of the water covering that land.\n(4) Any byelaws which, immediately before the day on which this section comes into operation, are in operation under Article 21 of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 for the protection of any area designated as a marine nature reserve have effect, on and after that date, as if they were byelaws made under section 26.\n(5) In regulation 31 of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (byelaws for protection of European marine site) for paragraphs (1) and (2) substitute—\n“(1) The Department may make byelaws for the protection of a European marine site under section 26 of the Marine Act (Northern Ireland) 2013 (byelaws for protection of marine conservation zones).\n(2) The provisions of Part 3 of that Act relating to byelaws under section 26 apply, with the following modifications, in relation to byelaws made by virtue of paragraph (1) of this regulation—\n(a) any reference to an MCZ is to be read as a reference to a European marine site;\n(b) in section 26(1) the reference to furthering the conservation objectives of an MCZ is to be read as a reference to protecting a European marine site;\n(c) the reference in section 26(3)(c) to hindering the conservation objectives stated for an MCZ is to be read as a reference to damaging a European marine site.”.\n(6) Regulation 66 of those Regulations shall cease to have effect in relation to byelaws under Article 21 of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985.\n\nInterpretation of this Part\n41 In this Part—\n“animal” includes any egg, larva, pupa, or other immature stage of an animal;\n“emergency byelaws” has the meaning given by section 28;\n“interim byelaws” means byelaws made under section 29;\n“marine installation” means any artificial island, installation or structure;\n“MCZ” means a marine conservation zone designated by an order under section 13;\n“protected feature”, in relation to an MCZ or proposed MCZ, means any flora, fauna, habitat or feature which is sought to be conserved by the making of the order designating the zone;\n“seashore” means—\n(a) the foreshore, that is to say, land which is covered and uncovered by the ordinary movement of the tide, and\n(b) any land, whether or not covered intermittently by water, which is in apparent continuity (determined by reference to the physical characteristics of that land) with the foreshore, as far landward as any natural or artificial break in that continuity;\n“vehicles” includes—\n(a) bicycles and other non-motorised forms of transport, and\n(b) hovercraft;\n“vessels” includes—\n(a) hovercraft,\n(b) aircraft capable of landing on water, and\n(c) any other craft capable of travelling on, in or under water, whether or not capable of carrying any person.\n\nPart 4 Marine licensing: Generating stations\n\nSpecial procedure for applications relating to generating stations\n42 In Chapter 2 of Part 4 of the 2009 Act (marine licensing: exemptions and special cases) after section 79 insert—\n\n“79A Special procedure for applications relating to certain electricity works (Northern Ireland)\n(1) This section has effect in cases where a person who proposes to carry on an activity must first make both—\n(a) an application to the Department of the Environment in Northern Ireland (“the Department”) for a marine licence to carry on that activity (the “marine licence application”), and\n(b) a related application for a generating station consent (the “generating station application”).\n(2) A “related application for a generating station consent” is an application to DETI for a consent under Article 39 of the Electricity Order (consent for construction, etc. of generating stations) in relation to—\n(a) the activity for which the marine licence is required, or\n(b) other works to be undertaken in connection with that activity.\n(3) In any case where—\n(a) both the marine licence application and the generating station application have been made,\n(b) DETI decides (with the agreement of the Department) that the two applications are to be considered together, and\n(c) DETI has given notice of that decision to the applicant,\nthe two applications are to be considered together.\n(4) Subsection (5) applies in any case where—\n(a) one of the applications has been received but not the other,\n(b) DETI decides (with the agreement of the Department) that the two applications are to be considered together, and\n(c) DETI has given notice of that decision to the applicant.\n(5) In any such case—\n(a) the application that has been received is not to be considered until the other application has also been received,\n(b) the two applications are to be considered together, and\n(c) the condition in subsection (3)(b) is to be regarded as satisfied by virtue of subsection (4)(b),\nbut this is subject to any provision that may be made by virtue of subsection (6)(c) or (d).\n(6) The Department may by order do any of the following—\n(a) make provision falling within subsection (7) for cases where subsection (3) applies;\n(b) make provision falling within subsection (7) for cases where subsection (5) applies;\n(c) make provision falling within subsection (7) or (8) for cases where DETI (with the agreement of the Department) comes to the conclusion that the marine licence application is not going to be made;\n(d) make provision falling within subsection (7) or (8) for cases where DETI comes to the conclusion that the generating station application is not going to be made.\n(7) The provision that may be made by virtue of this subsection is—\n(a) provision that such procedural provisions of this Part as are specified in the order are not to apply to the marine licence application;\n(b) provision that such procedural provisions of the Electricity Order as are so specified are to apply to that application instead;\n(c) provision modifying the provisions of the Electricity Order in their application by virtue of paragraph (b).\n(8) The provision that may be made by virtue of this subsection is provision modifying—\n(a) such procedural provisions of this Part as are specified in the order, or\n(b) such procedural provisions of the Electricity Order as are specified in the order.\n(9) In this section—\n“DETI” means the Department of Enterprise, Trade and Investment in Northern Ireland;\n“the Electricity Order” means the Electricity (Northern Ireland) Order 1992;\n“procedural provisions” means any provisions for or in connection with the procedure for determining an application.”.\n\nPart 5 Supplementary\n\nRegulations and orders\n43—(1) Regulations under this Act are subject to negative resolution.\n(2) Except as provided by subsections (3) to (5), orders made by the Department under this Act are subject to negative resolution.\n(3) An order to which this subsection applies shall not be made unless a draft of the order has been laid before, and approved by resolution of, the Assembly.\n(4) Subsection (3) applies to—\n(a) an order under section 34(5);\n(b) an order under section 35;\n(c) an order under section 46(1) which amends or repeals an Act of Parliament or any Northern Ireland legislation.\n(5) Subsection (2) does not apply to an order under section 13 (orders made for the purpose of designating MCZs).\n(6) Orders made under section 13 are not statutory rules for the purposes of the Statutory Rules (Northern Ireland) Order 1979.\n(7) Regulations and orders made by the Department under this Act may contain such incidental, consequential, supplementary, transitional and savings provisions as appear to the Department to be necessary or expedient.\n\nOffences: companies, etc.\n44—(1) For the purposes of an offence under this Act, section 20(2) of the Interpretation Act (Northern Ireland) 1954—\n(a) applies with the omission of the words “the liability of whose members is limited”, and\n(b) in a case where the affairs of a body corporate are managed by its members, applies in relation to the acts or defaults of a member in connection with the member's functions of management as if the member were a director of the body corporate.\n(2) If an offence under this Act is committed by a partnership (whether or not a limited partnership) and is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of—\n(a) a partner, or\n(b) a person purporting to act as a partner,\nthat person (as well as the partnership) commits the offence.\n\nDisapplication of requirement for consent to certain prosecutions\n45 Section 3 of the Territorial Waters Jurisdiction Act 1878 (consents to prosecutions of certain offences committed on the open sea) does not apply to any proceedings for an offence under this Act.\n\nSupplementary, incidental, consequential, transitional provision etc.\n46—(1) The Department may by order make—\n(a) such supplementary, incidental or consequential provision,\n(b) such transitory, transitional or saving provision,\nas it considers appropriate for the general purposes, or any particular purpose, of this Act, or in consequence of, or for giving full effect to, any provision made by this Act.\n(2) An order under subsection (1) may amend, repeal, revoke or otherwise modify any statutory provision (including this Act).\n(3) Nothing in this Act affects the generality of the power conferred by this section.\n\nCrown application\n47—(1) This Act binds the Crown to the full extent authorised or permitted by the constitutional laws of Northern Ireland and applies in relation to any Crown land as it applies in relation to any other land.\n(2) No contravention by the Crown of any provision of this Act is to make the Crown criminally liable; but the High Court may, on the application of the Department, declare unlawful any act of the Crown which constitutes such a contravention.\n(3) Despite subsection (2), the provisions of this Act apply to persons in the public service of the Crown as they apply to other persons.\n(4) For the purposes of this section “Crown land” means land an interest in which—\n(a) belongs to Her Majesty in right of the Crown,\n(b) belongs to a Northern Ireland department or a department of the government of the United Kingdom or is held in trust for Her Majesty for the purposes of any such department.\n\nInterpretation\n48 In this Act—\n“the 2009 Act” means the Marine and Coastal Access Act 2009;\n“act” includes omission;\n“the Department” means the Department of the Environment;\n“notice” means notice in writing;\n“public authority” means any of the following—\n(a) a Minister of the Crown or a department of the government of the United Kingdom;\n(b) a Northern Ireland department;\n(c) a statutory undertaker within the meaning given by section 250(1) of the Planning Act (Northern Ireland) 2011;\n(d) a district council;\n(e) any other body established under a statutory provision;\n(f) the holder of any office under the Crown or any office established under a statutory provision;\n“statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954.\n\nCommencement\n49 This Act comes into operation on the day after the day on which this Act receives Royal Assent.\n\nShort title\n50 This Act may be cited as the Marine Act (Northern Ireland) 2013.\n\nSchedules\nSection 4.\n\nSchedule 1 Marine plans: preparation and adoption\n\nDepartment to notify relevant authorities of decision to prepare plan\n1—(1) Where the Department decides to prepare a marine plan for a marine plan area it must, before beginning to prepare the plan, give notice of its intention to do so to each of the relevant authorities..\n(2) The “relevant authorities” are—\n(a) the Secretary of State;\n(b) the Scottish Ministers;\n(c) any district council whose district adjoins or is adjacent to the marine plan area;\n(d) the department of the Government of Ireland with responsibility for marine planning in any area adjoining or adjacent to the marine plan area.\n\nSecretary of State to be kept informed of Department's intentions as to certain matters.\n2—(1) This paragraph applies in any case where the Department gives notice to the Secretary of State under paragraph 1(2)(a).\n(2) The notice must state whether the Department proposes to include in the plan provision relating to retained functions.\n(3) The notice must state whether the Department proposes so to prepare the marine plan that it will not be in conformity with any marine policy statement which governs marine planning for the marine plan area.\n(4) The Department must keep the Secretary of State informed (by giving further notices) of any changes that may from time to time occur in its intentions with respect to any of the matters mentioned in sub-paragraph (2) or (3).\n\nMarine plans to be compatible with certain other marine plans and development plans\n3—(1) In preparing or amending a marine plan for a marine plan area the Department must take all reasonable steps to secure that the plan is compatible with—\n(a) the marine plan for any marine plan area (whether or not within the Northern Ireland inshore region) which is related to that area;\n(b) the development plan under Article 4 of the Planning (Northern Ireland) Order 1991 for any area which is related to the marine plan area.\n(2) For the purposes of this paragraph, one area is “related to” another if one or more of the following conditions is met—\n(a) the one area adjoins or is adjacent to the other;\n(b) the one area lies wholly or partly within the other;\n(c) the whole or any part of the one area affects or is affected by the whole or any part of the other.\n(3) In sub-paragraph (1)(a) “marine plan” and “marine plan area” include a marine plan and a marine plan area within the meaning given by section 51 of the 2009 Act.\n\nConsultation with other relevant Northern Ireland departments.\n4 The Department must consult the other relevant Northern Ireland departments—\n(a) during the preparation of the consultation draft under paragraph 11, and\n(b) during the settling of the text of the plan for adoption and publication under paragraph 15.\n\nStatement of public participation.\n5—(1) Before preparing a marine plan for any marine plan area, the Department must prepare and publish a statement of public participation (an “SPP”).\n(2) An SPP is a statement of the policies settled by the Department for or in connection with the involvement of interested persons in the preparation of the proposed marine plan.\n(3) An SPP must identify (by means of a map or otherwise) the area for which the marine plan is being prepared.\n(4) If the Department proposes to include provision relating to retained functions, the SPP—\n(a) must state that that is the case, and\n(b) may be published only with the agreement of the Secretary of State.\n(5) An SPP must invite the making of representations in accordance with the SPP as to matters to be included in the proposed marine plan.\n(6) The Department must publish the SPP in a way calculated to bring it to the attention of interested persons.\n(7) The Department must take all reasonable steps to comply with the SPP.\n(8) In this paragraph “interested persons” means—\n(a) any persons appearing to the Department to be likely to be interested in, or affected by, policies proposed to be included in the marine plan, and\n(b) members of the general public.\n\nFurther provision about the content of an SPP.\n6—(1) An SPP must include a proposed timetable.\n(2) The proposed timetable must include such provision as the Department considers reasonable for each of the following—\n(a) the preparation and publication of the consultation draft under paragraph 11 (including the carrying out of the sustainability appraisal under paragraph 10);\n(b) the making of representations about the consultation draft;\n(c) the consideration of representations under paragraph 12 and the settling of the text of the marine plan for adoption and publication under paragraph 15;\n(d) the adoption and publication of the marine plan under that paragraph.\n(3) An SPP may include provision for or in connection with the holding of public meetings about the consultation draft.\n(4) An SPP must include provision about the making of—\n(a) representations, in response to the invitation issued under paragraph 5(5), about the matters to be included in the proposed marine plan, and\n(b) representations under paragraph 12 about the consultation draft.\n(5) The provision to be made under sub-paragraph (4) includes provision about—\n(a) the manner in which representations may be made, and\n(b) the time within which representations must be made.\n\nReview and revision of the SPP\n7—(1) The Department must keep the SPP under review..\n(2) If at any time the Department considers it necessary or expedient to revise the SPP, it must do so.\n(3) The Department must revise the SPP if—\n(a) it proposes to include in the marine plan provision relating to retained functions, and\n(b) the SPP does not already include a statement that that is the case.\n(4) Where the Department revises the SPP, it must publish the SPP as revised.\n(5) In any case where the SPP is required to be revised by virtue of sub-paragraph (3), the revised SPP may be published only with the agreement of the Secretary of State.\n(6) Any reference in this Schedule to an SPP includes a reference to an SPP as revised.\n\nAdvice and assistance.\n8—(1) In connection with the preparation of a marine plan, or of any proposals for a marine plan, the Department may seek advice or assistance from any body or person in relation to any matter in which that body or person has particular expertise.\n(2) The steps that the Department may take for the purpose of facilitating the involvement of interested persons in—\n(a) the development of proposals for inclusion in a proposed marine plan, or\n(b) consultation in connection with such proposals,\ninclude the convening of groups of persons for such purposes, and in such manner, as the Department considers appropriate.\n(3) In this paragraph “interested persons” has the same meaning as in paragraph 5.\n\nMatters to which the Department is to have regard in preparing a marine plan\n9—(1) The matters to which the Department is to have regard in preparing a marine plan include each of the matters in sub-paragraph (2).E+W+S+N.I.\n(2) Those matters are—\n(a) the requirement under section 4(5)(a) for a marine plan to be in conformity with any marine policy statement which governs marine planning for the marine plan area, unless relevant considerations indicate otherwise,\n(b) the duties imposed by paragraph 3(1) with respect to securing compatibility with marine plans or development plans for areas which are related to the marine plan area,\n(c) the effect which any proposal for inclusion in the plan is likely to have on any area which is related to the marine plan area,\n(d) the results of the review required by section 7,\n(e) the SPP,\n(f) any representations made in response to the invitation issued under paragraph 5(5),\n(g) any advice received under paragraph 8(1),\n(h) any plan (not falling within paragraph 3(1)) prepared by a public authority in connection with the management or use of the sea or the coast, or of marine or coastal resources, in the marine plan area or in any adjoining or adjacent area in Northern Ireland or the UK marine area (within the meaning given by section 42 of the 2009 Act),\n(i) the powers and duties of the Crown Estate Commissioners under the Crown Estate Act 1961,\nand such other matters as the Department considers relevant.\n(3) For the purposes of this paragraph, one area is related to another if one or more of the following conditions is met—\n(a) the one area adjoins or is adjacent to the other;\n(b) the one area lies wholly or partly within the other;\n(c) the whole or any part of the one area affects or is affected by the whole or any part of the other.\n\nSustainability appraisal.\n10—(1) The Department must carry out an appraisal of the sustainability of its proposals for inclusion in any marine plan..\n(2) The Department may proceed with those proposals only if it considers that the results of the appraisal indicate that it is appropriate to do so.\n(3) The Department must publish a report of the results of the appraisal.\n(4) The report is to be published when the Department publishes the consultation draft under paragraph 11.\n\nPreparation and publication of a consultation draft.\n11—(1) The Department must publish a draft containing its proposals for inclusion in a marine plan (the “consultation draft”).\n(2) If the draft includes provision relating to retained functions, it may be published only with the agreement of the Secretary of State.\n(3) The Department must publish the consultation draft in such manner as it considers appropriate.\n(4) The Department must also take such steps as it considers appropriate to secure that the proposals contained in the consultation draft are brought to the attention of interested persons.\n(5) In this paragraph “interested persons” has the same meaning as in paragraph 5.\n\nRepresentations about the consultation draft.\n12—(1) Any person may make representations about the consultation draft.\n(2) Any such representations are to be made in accordance with the SPP.\n(3) If any representations are made about the consultation draft, the Department must consider them in the course of settling the text of the marine plan for adoption and publication under paragraph 15.\n\nIndependent investigation\n13—(1) Where it has published a consultation draft in accordance with paragraph 11, the Department must consider appointing an independent person to investigate the proposals contained in that draft and to report on them..\n(2) In deciding whether to appoint such a person, the Department must have regard to—\n(a) any representations received about the matters to be included in the proposed marine plan, in response to the invitation issued pursuant to paragraph 5(5),\n(b) any representations received about the proposals published in the consultation draft,\n(c) the extent to which matters raised by representations falling within paragraph (b) have not been resolved,\nand such other matters as the Department considers relevant.\n(3) Any person so appointed must—\n(a) report on the proposal within the period of 6 months from the date of that person's appointment, or such longer period as the Department may approve,\n(b) make recommendations, and\n(c) give reasons for the recommendations.\n(4) The Department must publish the recommendations and the reasons given for them.\n\nMatters to which Department is to have regard in settling text for adoption\n14 In settling the text of a marine plan for adoption and publication under paragraph 15 the Department must have regard to—\n(a) any recommendations made by any person appointed under paragraph 13,\n(b) the reasons given by any such person for any such recommendations,\nand any other matters that the Department considers relevant.\n\nAdoption and publication of a marine plan.\n15—(1) A marine plan is “adopted” by the Department when the Department has decided to publish the plan (and “adopt” and related expressions are to be read accordingly).E+W+S+N.I.\n(2) A marine plan which includes provisions relating to retained functions may be so adopted only with the agreement of the Secretary of State.\n(3) The marine plan which the Department decides to publish may be—\n(a) the same as the proposals published in the consultation draft, or\n(b) those proposals with such modifications as the Department thinks fit.\n(4) The Department must publish the marine plan as soon as reasonably practicable after its adoption, together with statements of each of the following—\n(a) any modifications that have been made to the proposals published in the consultation draft,\n(b) the reasons for those modifications,\n(c) if any recommendations made by any independent person appointed under paragraph 13 have not been implemented in the marine plan, the reasons why those recommendations have not been implemented.\n\nAction taken by the Department before commencement\n16—(1) This paragraph applies to any action taken by the Department before commencement which, after commencement, could have been taken in accordance with a provision of paragraphs 1 to 10.\n(2) For the purposes of this Act, it is immaterial that the action was taken before rather than after commencement; and any reference in this Schedule to an action taken under or for the purposes of any provision of paragraphs 1 to 10 is to be read accordingly.\n(3) In this paragraph “commencement” means the coming into operation of this Act.\nSection 37.\n\nSchedule 2 Further provision about fixed monetary penalties under section 35\n\nFixed monetary penalties: other sanctions\n1—(1) An order under section 35 must secure that, in a case where a notice of intent referred to in section 36(2)(a) is served on a person—\n(a) no criminal proceedings for the offence to which the notice relates may be instituted against the person in respect of the act to which the notice relates before the end of the period in which the person may discharge liability to the fixed monetary penalty pursuant to section 36(2)(b), and\n(b) if the person so discharges liability, the person may not at any time be convicted of the offence to which the notice relates in relation to that act.\n(2) An order under section 35 must also secure that, in a case where a fixed monetary penalty is imposed on a person, that person may not at any time be convicted of the offence in relation to which the penalty is imposed in respect of the act giving rise to the penalty.\n\nMonetary penalties\n2—(1) An order under section 35 may include provision—\n(a) for early payment discounts;\n(b) for the payment of interest or other financial penalties for late payment of the fixed monetary penalty, such interest or other financial penalties not in total to exceed the amount of that penalty;\n(c) for enforcement of the penalty.\n(2) Provision under sub-paragraph (1)(c) may include—\n(a) provision for the Department to recover the fixed monetary penalty, and any interest or other financial penalty for late payment, as a civil debt;\n(b) provision for the fixed monetary penalty, and any interest or other financial penalty for late payment, to be recoverable, on the order of a court, as if payable under a court order.\n\nAppeals\n3—(1) An order under section 35 may not provide for the making of an appeal other than to a tribunal created under a statutory provision.\n(2) In sub-paragraph (1) “tribunal” does not include an ordinary court of law.\n(3) An order under section 35 which makes provision for an appeal in relation to the imposition of any requirement or service of any notice may include—\n(a) provision suspending the requirement or notice pending determination of the appeal;\n(b) provision as to the powers of the tribunal to which the appeal is made;\n(c) provision as to how any sum payable in pursuance of a decision of that tribunal is to be recoverable.\n(4) The provision referred to in sub-paragraph (3)(b) includes provision conferring on the tribunal to which the appeal is made power—\n(a) to withdraw the requirement or notice;\n(b) to confirm the requirement or notice;\n(c) to take such steps as the Department could take in relation to the act giving rise to the requirement or notice;\n(d) to remit the decision whether to confirm the requirement or notice, or any matter relating to that decision, to the Department;\n(e) to award costs.\n\nConsultation\n4—(1) Before making an order under section 35, the Department must consult the following—\n(a) such organisations as appear to the Department to be representative of persons substantially affected by the proposals, and\n(b) such other persons as the Department considers appropriate.\n(2) If, as a result of any consultation required by sub-paragraph (1), it appears to the Department that it is appropriate substantially to change the whole or any part of the proposals, the Department must undertake such further consultation with respect to the changes as it considers appropriate.\n(3) If, before the day on which this Schedule comes into operation, any consultation was undertaken which, had it been undertaken after that day, would to any extent have satisfied the requirements of this paragraph, those requirements may to that extent be taken to have been satisfied.\n\nGuidance as to use of fixed monetary penalties\n5—(1) An order under section 35 must secure the results in sub-paragraph (2).\n(2) Those results are that—\n(a) the Department must publish guidance about its use of the fixed monetary penalty,\n(b) the guidance must contain the relevant information,\n(c) the Department must revise the guidance where appropriate,\n(d) the Department must consult such persons as the order may specify before publishing any guidance or revised guidance, and\n(e) the Department must have regard to the guidance or revised guidance in exercising its functions.\n(3) The relevant information referred to in sub-paragraph (2)(b) is information as to—\n(a) the circumstances in which the fixed monetary penalty is likely to be imposed,\n(b) the circumstances in which it may not be imposed,\n(c) the amount of the penalty,\n(d) how liability for the penalty may be discharged and the effect of discharge, and\n(e) rights to make representations and objections and rights of appeal.\n\nGuidance as to enforcement of offences\n6—(1) Where an order under section 35 confers powers to impose a fixed monetary penalty in relation to an offence, the Department must prepare and publish guidance about how the offence is enforced.\n(2) The guidance must include guidance as to—\n(a) the sanctions (including criminal sanctions) to which a person who commits the offence may be liable,\n(b) the action which the Department may take to enforce the offence, whether by virtue of section 35 or otherwise, and\n(c) the circumstances in which the Department is likely to take any such action.\n(3) The Department may from time to time revise guidance published by it under this paragraph and publish the revised guidance.\n(4) The Department must consult such persons as it considers appropriate before publishing any guidance or revised guidance under this paragraph.\n\nPublication of enforcement action\n7—(1) An order under section 35 must secure the result in sub-paragraph (2) unless the Department considers that it would be inappropriate to do so.\n(2) That result is that the Department must from time to time publish reports specifying—\n(a) the cases in which a fixed monetary penalty has been imposed, and\n(b) the cases in which liability to the penalty has been discharged pursuant to section 36(2)(b).\n(3) In sub-paragraph (2)(a), the reference to cases in which a fixed monetary penalty has been imposed does not include cases where a penalty has been imposed but overturned on appeal.\n\nDisclosure of information\n8—(1) Information held by or on behalf of a person mentioned in sub-paragraph (2) may be disclosed to the Department where—\n(a) the person has an enforcement function in relation to an offence, and\n(b) the information is disclosed for the purpose of the exercise by the Department of any powers conferred on it under section 35 in relation to that offence.\n(2) The persons are—\n(a) the Public Prosecution Service for Northern Ireland, or\n(b) a member of the Police Service of Northern Ireland.\n(3) It is immaterial for the purposes of sub-paragraph (1) whether the information was obtained before or after the coming into operation of this paragraph.\n(4) A disclosure under this paragraph is not to be taken to breach any restriction on the disclosure of information (however imposed).\n(5) Nothing in this paragraph authorises the making of a disclosure in contravention of—\n(a) the data protection legislation , or\n(b) any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.\n(6) This paragraph does not affect a power to disclose which exists apart from this paragraph.\n(7) In this paragraph, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).","title":""}
{"_id":"text_asp_2013_8","text":"1 Trunk roads\n(1) The length of road described in the schedule becomes a trunk road on the date this subsection comes into force.\n(2) Any enactment that provides for property and liabilities to transfer to the Scottish Ministers on account of a road becoming a trunk road, does not apply to the extent that it would transfer property and liabilities from the Authority to the Scottish Ministers.\n(3) Nothing in this section prevents the Scottish Ministers from detrunking the road which becomes a trunk road by virtue of subsection (1), or any part of that road, by making an order to that effect under section 5 of the Roads (Scotland) Act 1984 (c.54).\n(4) In the definition of “trunk road” in section 151(1) of the Roads (Scotland) Act 1984, after “Forth Crossing Act 2011 (asp 2)” insert “ or by virtue of section 1 of the Forth Road Bridge Act 2013 (asp 8) ”.\n\n2 Transfer of property and liabilities etc.\n(1) All property (including rights) and liabilities of the Authority are transferred to, and vest in, the Scottish Ministers.\n(2) Anything done by, on behalf of or in relation to the Authority is to be treated as having instead been done by, on behalf of or in relation to the Scottish Ministers.\n(3) Any reference to the Authority in a contract, deed or other document giving rise to a legal obligation, is to be read as a reference to the Scottish Ministers.\n(4) Any legal proceedings raised by, or against, the Authority may be continued by, or against, the Scottish Ministers.\n\n3 Transfer of staff\n(1) On the date this subsection comes into force, any person employed by the Authority is transferred into the employment of the bridge operator.\n(2) In subsection (1), “the bridge operator” means the person appointed by the Scottish Ministers to manage and maintain the Forth Road Bridge.\n(3) The transfer effected by subsection (1) is a relevant transfer for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).\n\n4 Dissolution of Forth Estuary Transport Authority\n(1) The Authority is dissolved.\n(2) The 2002 Order is revoked.\n(3) The following enactments are repealed—\n(a) Forth Road Bridge Order Confirmation Act 1947 (c.iv),\n(b) Forth Road Bridge Order Confirmation Act 1958 (c.vi),\n(c) Forth Road Bridge Order Confirmation Act 1960 (c.iii).\n\n5 Byelaws\n(1) Despite the revocation of the 2002 Order, any byelaw made under it, or which continued to have effect by virtue of it, continues to have effect by virtue of this subsection as it did immediately before the 2002 Order's revocation.\n(2) In any byelaw which continues to have effect by virtue of subsection (1), references to the Authority are to be read as references to the Scottish Ministers.\n(3) The Scottish Ministers' power to make a traffic regulation order under section 1 of the Road Traffic Regulation Act 1984 (c.27) includes the power to revoke any byelaw which continues to have effect by virtue of subsection (1).\n\n6 Interpretation\n(1) In this Act—\n  * “the 2002 Order” means the Forth Estuary Transport Authority Order 2002 (S.S.I. 2002/178),\n  * “the Authority” means the Forth Estuary Transport Authority constituted by the 2002 Order,\n  * “road” has the same meaning as in the Roads (Scotland) Act 1984.\n(2) References to the Authority in the following provisions are to be read as if immediately followed by the words “or the Forth Road Bridge Joint Board constituted in terms of the Forth Road Bridge Confirmation Order 1947 (however described)”—\n(a) subsections (2) and (3) of section 2, and\n(b) section 5(2).\n\n7 Commencement\n(1) Sections 6, 8 and this section come into force on the day after Royal Assent.\n(2) The other provisions of this Act come into force on such day as the Scottish Ministers may by order appoint.\n\n8 Short title\nThe short title of this Act is the Forth Road Bridge Act 2013.\n\nSCHEDULEDescription of road to become trunk road\n(introduced by section 1)\n1 That length of road, of approximately 3.11 kilometres, partly within the boundary of the City of Edinburgh Council and partly within the boundary of Fife Council—\n(a) from a point on the south side of the Forth Road Bridge on the A90, 296 metres or thereby north of the northmost face of the overbridge carrying the roundabout on which the B800 and A904 meet (at grid reference NT 312456, 678010),\n(b) to a point on the north side of the Forth Road Bridge, 359 metres or thereby north of the northmost abutment of the Forth Road Bridge (at grid reference NT 312607, 681112).\n2 In paragraph 1, “grid reference” means Ordnance Survey National Grid reference.","title":""}
{"_id":"text_ukla_1992_11","text":"[18th June 1992]\nWHEREAS—\n(1) By the Transport Act 1962 the [1962 c. 46.] British Railways Board (hereinafter referred to as “the Board”) were established:\n(2) It is the duty of the Board under the said Act of 1962 (inter alia) to provide railway services in Great Britain and, in connection with the provision of railway services, to provide such other services and facilities as appear to the Board to be expedient, and to have due regard, as respects all those railway and other services and facilities, to efficiency, economy and safety of operation:\n(3) It is expedient that the Board should be empowered to construct the works authorised by this Act and to purchase or use the land referred to in this Act:\n(4) It is expedient that the other powers in this Act contained should be conferred on the Board, and that the other provisions in this Act contained should be enacted:\n(5) Plans and sections showing the lines or situations and levels of the works to be constructed under this Act, and plans of the land authorised to be purchased or used by this Act, and a book of reference to such planscontaining the names of the owners and lessees, or reputed owners and lessees, and of the occupiers of the said land were duly deposited in the office of the Clerk of the Parliaments and in the Private Bill Office of the House of Commons and with the proper officers of the councils of the London boroughs, counties and metropolitan districts within which the said works may be constructed or the said land is situated, which plans, sections and book of reference are respectively referred to in this Act as the deposited plans, the deposited sections and the deposited book of reference:\n(6) The purposes of this Act cannot be effected without the authority of Parliament:\nMay it therefore please Your Majesty that it may be enacted, and be it enacted, by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—\n\nPart IPreliminary\n\n1 Short title\nthis act may be cited as the British Railways (No. 2) Act 1992.\n\n2 Interpretation\n(1) In this Act, unless the context otherwise requires, words and expressions to which meanings are assigned by the enactments incorporated herewith have in relation to the related subject-matter the same respective meanings; and—\n  * “the Act of 1845” means the [1845 c. 20.] Railways Clauses Consolidation Act 1845;\n  * “the Act of 1965” means the [1965 c. 56.] Compulsory Purchase Act 1965;\n  * “the Board” means the British Railways Board;\n  * “enactment” includes any order, byelaw, rule, regulation, scheme or other instrument having effect by virtue of an enactment;\n  * “the existing railway” means the railway between Reading and Paddington;\n  * “the limits of deviation” means the limits of deviation shown on the deposited plans;\n  * “the tribunal” means the Lands Tribunal; and\n  * “the works” means the works authorised by Part II (Works, etc.) of this Act.\n(t)(a)Except as mentioned in paragraph (b) below, all directions, distances and lengths stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such direction, distance and length and distances between points on a railway shall be taken to be measured along the railway.\n(b) This subsection shall not apply to the distances in the following provisions of this Act:—\n(i) subsection (2) of section 6 (Dimensions of bridges at Langley); and\n(ii) subsection (1) of section 24 (Headway of bridge at Gainsborough).\n(3) Any reference in this Act to a work identified by the number of such work shall be construed as a reference to the work of that number authorised by this Act.\n(4) References in this Act to points identified by letters shall be construed as references to the points so lettered on the deposited plans.\n(5) References in this Act to access to any place shall include reference to egress from that place.\n\n3 Incorporation of general enactments\n(1) The following enactments, so far as the same are applicable for the purposes of and are not inconsistent with this Act, are incorporated with this Act, and this Act shall be the special Act for the purposes of the said incorporated enactments:—\n(a) the Act of 1845, except sections 1, 7, 8, 9, 11, 12, 15, 17, 19, 20, 22 and 23 thereof; and\n(b) in the [1863 c. 92.] Railways Clauses Act 1863, Part I (relating to the construction of a railway), except sections 14 to 17 thereof and Part II (relating to extension of time).\n(2)(a)For the purposes of the enactments incorporated by subsection (1) above—\n(i) the expression “the company” where used in those enactments means the Board;\n(ii) Works Nos. 2A, 2B, 2C and 15 shall be deemed to be railways authorised by the special Act.\n(b) For the purposes of sections 16 and 30 to 44 of the Act of 1845, as incorporated by subsection (1) above, Works Nos. 13A and 14A shall be deemed to be railways authorised by the special Act.\n(c) Sections 18 and 21 of the Act of 1845, as incorporated by subsection (1) above, shall not extend to regulate the relations between the Board and any other person in respect of any matter or thing concerning which those relations are regulated in any respect—\n(i) until the commencement of Part III of the [1991 c. 22.] New Roads and Street Works Act 1991, by the provisions of Part II of the [1950 c. 39.] Public Utilities Street Works Act 1950 or, on the commencement of Part III of the said Act of 1991, by the provisions of that Part of that Act; or\n(ii) by section 39 (For protection of electricity, gas and water undertakers) of this Act.\n\n4 Application of Part I of Compulsory Purchase Act 1965\n(1) Part I of the Act of 1965 (except section 4 thereof and paragraph 3 (3) of Schedule 3 thereto), so far as it is applicable for the purposes of and is not inconsistent with this Act, shall apply to the compulsory purchase of land under this Act as it applies to a compulsory purchase to which the [1981 c. 67.] Acquisition of Land Act 1981 applies and as if this Act were a compulsory purchase order under the said Act of 1981.\n(2) In section 11(1) of the Act of 1965 (which empowers the acquiring authority to enter on and take possession of land the subject of a notice to treat after giving not less than 14 days' notice), as so applied, for the words “fourteen days” there shall be substituted “three months”.\n(3) The [1845 c. 18.] Lands Clauses Consolidation Act 1845 shall not apply to the purchase of land under this Act.\n\nPart IIWorks, etc.\n\nworks\n\n5 Power to make works\nThe Board may in the lines or situations and within the limits of deviation shown on the deposited plans and according to the levels shown on the deposited sections, make and maintain the works described in Schedule 1 to this Act with all necessary works and conveniences connected therewith.\n\nProvisions relating to Works Nos. 2B and 2C\n\n6 Dimensions of bridges at Langley\n(1) In this section—\n  * “Station Road Bridge” means the bridge composed of two spans at Langley in the borough of Slough carrying the existing railway over Station Road; and\n  * “Chequer Bridge” means the bridge at Langley carrying the existing railway over Market Lane and Hollow Hill Lane.\n(2) Notwithstanding anything in the Act of 1845 or in any other enactment, the Board may—\n(a) maintain Station Road Bridge and construct the widenings thereof comprised in Work No. 2B at clear heights above the surface of the road of not less than 3·85 metres; and\n(b) maintain Chequer Bridge and construct the widening thereof comprised in Work No. 2C at a clear height above the surface of the road of not less than 4 metres.\n\nProvisions relating to Work No. 7\n\n7 Appropriation of works for Work No. 7\n(1) In this section—\n  * “the Act of 1863” means the [1863 c. ccxvii.] London and North-western Railway (Additional\n  * “the viaduct” means the viaduct formerly carrying the Kirkburton branch railway over the Huddersfield Broad Canal, Ashgrove Road and the river Colne at Deighton in the metropolitan borough of Kirklees authorised by the Act of 1863.\n(2) If the Board proceed with the construction of Work No. 7 they may hold, use and appropriate the viaduct for the purposes of Work No. 7 and shall be relieved of the obligation to maintain the viaduct for the purposes of the Act of 1863.\n(3) Subject to subsection (2) above, all the powers and obligations conferred or imposed upon the Board by the Act of 1863 in relation to the viaduct shall cease to have effect.\n(4) Any person who suffers loss by the extinguishment of any private right under this section shall be entitled to be paid by the Board compensation, to be determined in case of dispute by the tribunal.\n\nProvisions relating to Works Nos. 9 and 10\n\n8 Level crossing of Brinsworth Street, Rotherham, by Works Nos. 9 and 10\n(1) In this section “the level crossing” means the level crossing known as Brinsworth Street crossing in the metropolitan borough of Rotherham whereby Brinsworth Street is crossed by the railway known as Holmes Chord.\n(2) The Board may, in the construction of Works Nos. 9 and 10, carry the same with an aggregate of not more than two lines of railway across and on the level of Brinsworth Street at the level crossing and, for that purpose, may modify the level crossing on any of the land numbered on the deposited plans 14 and 15 in the said metropolitan borough.\n(3) The provisions of subsections (2) to (5) of section 9 (Power to cross road on level) of the [1981 c. xxiii.] British Railways Act 1981 shall apply to the level crossing as modified under subsection (2) above as they apply to the level crossing as at the date of the passing of this Act.\n\nProvisions relating to Works Nos. 13 and 13A\n\n9 Stopping up portion of Whinny Hagg Lane, Hambleton\nThe Board may, upon the completion and opening for public use of Work No. 13A, stop up and discontinue so much of Whinny Hagg Lane in the parish of Hambleton, district of Selby, as lies between points A and B.\n\nProvisions relating to Works Nos. 14 and 14A\n\n10 Stopping up portion of Little Heck Common Lane and new bridleway at Hensall\n(1) In this section—“the bridleway” means a new bridleway in the parish of Hensall, district of Selby, between points E, B, C and F; and\n  * “the road” means so much of Little Heck Common Lane in the said parish of Hensall as lies between points A, B, C and D.\n(2) The Board may—\n(a) form and lay out means of temporary vehicular access at point G from the road, for the purpose of constructing Works Nos. 14 and 14A, or either of them;\n(b) upon the completion and opening for public use of Work No. 14A—\n(i) stop up and discontinue the road;\n(ii) make the bridleway; and\n(iii) form and lay out means of access to the bridleway at point E from Gowdall Road.\n\nProvisions relating to Work No. 15\n\n11 Platform extensions at Elephant & Castle station\nIn the construction of Work No. 15, the Board may at Elephant & Castle station construct and maintain platform extensions on so much of the land numbered on the deposited plans 1 to 3 in the London borough of Southwark as lies between the lines marked “Extent of viaduct widening” on the deposited plans, with all necessary works and conveniences connected therewith.\n\nOther station works\n\n12 Works at Langley, Iver and West Drayton stations\n(1) In this section “the station works” means the alteration of—\n(a) Langley station on so much of the land numbered on the deposited plans 19 in the borough of Slough, Berkshire, as lies within the line marked “Limit of land to be used” on the deposited plans, in connection with the construction and use of Work No 2; and\n(b)(i)that part of Iver station on the land numbered on the deposited plans 4 in the parish of Iver, district of South Bucks, Buckinghamshire, which lies within the line marked “Limit of land to be used” on the deposited plans; and\n(ii) that part of West Drayton station on so much of the land numbered on the deposited plans 1 in the London borough of Hillingdon as lies within the line marked “Limit of land to be used” on the deposited plans;\nin connection with the adaptation of the up (Iver to West Drayton) goods loop line of the existing railway for use by passenger trains.\n(2) The Board may on any, or any part, of the said lands construct and maintain the station works with all the necessary works and conveniences connected therewith.\n\n13 Platform extension at Braintree station, Essex\n(1) In this section the “accommodation road” means the private road in the district of Braintree, Essex, linking the road known as Station Approach with land on the south side of the railway at Braintree station by means of a level crossing.\n(2) Subject to subsection (3) below, the Board may—\n(a) stop up and discontinue the accommodation road between points A and B; and\n(b) construct and maintain a platform extension with all necessary works and conveniences connected therewith at Braintree station on any part of the land numbered on the deposited plans 2 in the district of Braintree lying within the line marked “Limit of platform extension” on the deposited plans.\n(3) The stopping up and discontinuance of the accommodation road under subsection (2) (a) above shall not take place until the Board have provided and made available to the lawful users of the accommodation road—\n(a) a new private road between points C and B; and\n(b) means of vehicular access from Station Approach to that new road over the land numbered on the deposited plans 1 in the district of Braintree.\n\nLevel crossings\n\n14 New level crossing at Northampton\n(1) In this section—\n  * “the council” means Northamptonshire County Council;\n  * “the new level crossing” means a new level crossing in the borough of Northampton, Northamptonshire, whereby a new road linking St. James Mill Road with St. James Mill Road East, proposed to be constructed by the council, will cross the railway between Northampton station and Bridge Street at Ordnance Survey National Grid reference point SP 7473 : 5971 or in the vicinity thereof; and\n  * “traffic sign” has the meaning assigned to it by section 64 of the [1984 c. 27.] Road Traffic Regulation Act 1984.\n(2) The Board and the council may enter into and carry into effect agreements—\n(a) for the construction of the new level crossing; and\n(b) for defraying, or making contributions towards, the cost of constructing, maintaining and renewing the new level crossing and any other matters relating thereto.\n(3)(a)The Board may, subject to such requirements as the Secretary of State may from time to time lay down, provide, maintain and operate at or near the new level crossing such barriers, lights, traffic signs and automatic or other devices and appliances as may be approved by the Secretary of State.\n(b) Section 65 (1) of the [1984 c. 27.] Road Traffic Regulation Act 1984 (placing of traffic signs by highway authorities) shall have effect with respect to the erection and display of any traffic sign by the Board as if it were a traffic sign erected and displayed by a highway authority.\n\nGeneral works provisions\n\n15 Power to deviate\nIn the execution of the works the Board may deviate from the lines or situations thereof shown on the deposited plans to the extent of the limits of deviation and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding 3 metres upwards or downwards or to such further extent as may be approved by the Secretary of State.\n\n16 Stopping up highways in case of diversion or substitution\n(1) Where this Act authorises the making of a new highway, either by way of diversion of, or in substitution for, an existing highway and the stopping up of an existing highway or part thereof, the stopping up of the existing highway shall not in either case take place until—\n(a) the highway authority are satisfied that the new highway has been completed in accordance with their reasonable requirements and is open for public use; or\n(b) in the case of any difference between the Board and the highway authority as to whether the said requirements have been complied with or as to their reasonableness, the matter in dispute has been referred to and settled by arbitration.\n(2) Before referring a matter to arbitration under this section, the Board shall give to the highway authority seven days' notice in writing of their intention to do so.\n(3) As from the completion of the new highway to the satisfaction of the highway authority or, in case of dispute, in accordance with the decision of the arbitrator, all rights of way over or along the existing highway or part thereof authorised to be diverted or stopped up shall be extinguished.\n(4) Any person who suffers loss by the extinguishment of any private right under this section shall be entitled to be paid by the Board compensation, to be determined in case of dispute by the tribunal.\n\n17 Appropriating sites of highways\nAfter a highway or part thereof is permanently stopped up under this Act, the Board may, subject to the provisions of the Act of 1845 with respect to mines lying under or near the railway, so far as the said highway or part thereof is bounded on both sides by lands of the Board, appropriate the site thereof without making any payment therefor and use it for the purposes of their undertaking.\n\n18 Repair of highways\nAny highway or part thereof made, diverted or altered under this Act (except the structure carrying any such highway over any railway of the Board) shall when completed, unless otherwise agreed, be maintained by and at the expense of the highway authority.\n\n19 Agreements with highway authorities\n(1) Where a highway or part thereof is altered or stopped up or interfered with under this Act, the Board may enter into and carry into effect agreements with the highway authority with respect to such alteration, stopping up or interference, or the construction of any new highway to be made under this Act, contributions to the costs thereof or any other matters relating thereto.\n(2) The Board may by agreement delegate to the highway authority the power of constructing and maintaining any such alterations or new highway, including the structure of any bridge over or under any railway.\n(3) The purposes of this section shall be deemed to be purposes for which a highway authority may incur expenditure and borrow money.\n\n20 Temporary stoppage of highways\n(1) The Board, during and for the purpose of the execution of the works, may temporarily stop up and divert and interfere with any highway and may for any reasonable time divert the traffic therefrom and prevent all persons other than those going bona fide to any land, house or building abutting on the highway from passing along and using the same.\n(2) The Board shall provide reasonable access for persons on foot going bona fide to any such land, house or building.\n(3) The Board shall not exercise the powers of this section without the consent of the highway authority but such consent shall not be unreasonably withheld and any question whether such consent has been unreasonably withheld shall be referred to and settled by arbitration.\n\n21 Underpinning of buildings near works\nThe Board may at their own expense, subject as hereinafter provided, underpin or otherwise strengthen any house or building within 35 metres of any of the works and the following provisions shall have effect:—\n(1) At least 14 days' notice shall (except in case of emergency) be given to the owner, lessee and occupier of the house or building intended to be so underpinned or otherwise strengthened:\n(2) Each such notice shall be served in a manner prescribed by section 6 of the [1981 c. 67.] Acquisition of Land Act 1981 as if required to be served under that Act:\n(3) If any owner, lessee or occupier of any such house or building shall, within 10 days after the giving of such notice, give a counter-notice in writing that he disputes the necessity of such underpinning or strengthening, the question of the necessity shall be settled by arbitration and, if the arbitrator decides that such underpinning or strengthening is not necessary, the Board shall not proceed therewith:\n(4) In any case in which any house or building shall have been underpinned or strengthened under the powers of this section the Board may, from time to time after the completion of such underpinning or strengthening, and during the execution of the work in connection with which such underpinning or strengthening was done, or within five years after the opening for traffic of that work, enter upon and survey such house or building and, after complying with the foregoing provisions of this section, do such further underpinning or strengthening as they may deem necessary or expedient:\n(5) The Board shall be liable to compensate the owner, lessee and occupier of every such house or building for any loss or damage which may result to them by reason of the exercise of the powers of this section:\n(6) Nothing in this section shall affect liability to compensate under section 6 of the Act of 1845, as incorporated with this Act, or section 10 (2) of the Act of 1965, as applied by this Act, or under any other enactment in respect of loss or damage arising from the execution of any works, except so far as compensation is payable under paragraph (5) above:\n(7) Every case of compensation to be ascertained under this section shall be ascertained according to the provisions of the [1961 c. 33.] Land Compensation Act 1961.\n\n22 Use of sewers, etc., for removing water\n(1) In this section “relevant authority” means a sewerage undertaker, the National Rivers Authority, an internal drainage board or a local authority.\n(2) The Board may use for the discharge of any water pumped or found by them during the construction of the works any available stream or watercourse, or any sewer or drain of a relevant authority, and for that purpose may lay down, take up and alter conduits, pipes and other works and may make any convenient connections with any such stream, watercourse, sewer or drain within the limits of deviation.\n(3) The Board shall not—\n(a) discharge any water into any sewer or drain vested in or under the control of a relevant authority except with the consent of that authority, which consent shall not be unreasonably withheld, and subject to such terms and conditions as that authority may reasonably impose; or\n(b) make any opening into any such sewer or drain save in accordance with plans approved by, and under the superintendence (if given) of, the relevant authority in whom the sewer or drain shall be vested but approval of those plans by that authority shall not be unreasonably withheld.\n(4)(a)Section 85 of the [1991 c. 57.] Water Resources Act 1991 shall apply to, or to the consequence of, a discharge under the powers of this section into any controlled waters within the meaning given by section 104 of that Act as if this section were not a local statutory provision for the purposes of section 88(1)(f) of that Act.\n(b) In the exercise of their powers under this section the Board shall not damage or interfere with the bed of any watercourse forming part of a main river or the banks thereof, within the meaning of section 113 of the Water Resources Act 1991.\n(5) The Board shall take all such steps as may reasonably be required to secure that any water discharged by them under this section shall be as free as may be reasonably practicable from any gravel, soil or other solid substance or matter in suspension.\n(6) Any difference arising between the Board and a relevant authority under this section shall be referred to and settled by arbitration.\n\nPart IIIRiver bridge at Gainsborough\n\n23 Interpretation of Part III\nin this part of this act—\n  * “the bridge” means the bridge of the board at gainsborough, partly in the parish of bole, district of bassetlaw, nottinghamshire, and partly in the district of west lindsey, lincolnshire, which carries the railways linking doncaster and retford with gainsborough over the river;\n  * “the level of high water” means the level of mean high-water springs;\n  * “the new span” means a new bridge span positioned on the existing piers of the bridge;\n  * “the river” means the river trent; and\n  * “the specified works” means the removal by the board of the existing span of the bridge and the positioning of the new span under their existing powers.\n\n24 Headway of bridge at Gainsborough\n(1) Notwithstanding anything in section 92 (Regulating Construction of Bridge over the Trent for the Main Line) of the [1849 c. lxxxi.] Manchester, Sheffield, and Lincolnshire Railway Act 1849, the Board may position the new span so as to leave a headway—\n(a) above the level of high water of the navigable waterway of the river of not less than 5 metres; and\n(b) above the haling path on the north-east bank of the river of not less than 4·1 metres.\n(2)(a)Sections 91 (Nothing to diminish rights of the River Trent Navigation Company, and for preventing Obstructions to the River Trent) and 96 (Providing Remedy in case of Obstruction to the River Trent) of the said Act of 1849 and section 26 (For protection of the Trent Navigation Company) of the [1895 c. cxlviii.] Manchester, Sheffield and Lincolnshire Railway Act 1895 shall cease to have effect in relation to the bridge.\n(b) The said section 92 and section 97 (Recovery of costs, &c. for Obstructions by reason of the crossing of the Main Line) of the said Act of 1849 shall cease to have effect.\n\n25 Subsidiary works in river Trent\n(1) Subject to subsection (2) below, the Board may in connection with the specified works, or at or near the bridge, upon any part of the land numbered on the deposited plans 3 in the parish of Bole, district of Bassetlaw, and 1 in the district of West Lindsey within the lines marked “Limit of temporary working site” on the deposited plans—\n(a) execute and place temporarily in the river all such further works and conveniences as they find necessary or expedient; and\n(b) dredge the river—\n(i) to such extent as may be necessary; or\n(ii) for the purpose of preserving uninterrupted navigation along the river beneath, and in the vicinity of, the bridge;\nand may use, sell or otherwise dispose of or remove or deposit any materials taken up or collected by means of dredging as they think fit.\n(2) In the exercise of the powers conferred by subsection (1) above the Board shall ensure, so far as is reasonably practicable, that—\n(a) any works executed or maintained by them shall not unnecessarily narrow or obstruct the navigable waterway of the river or otherwise unnecessarily interfere with or impede navigation or unnecessarily obstruct the flow of water or the passage of fish;\n(b) no materials taken up or collected in the course of any dredging operations shall be deposited below the level of high water except in such places and in accordance with such conditions and restrictions as may be approved or prescribed by the British Waterways Board.\n(3) On the completion of the specified works the Board shall remove all temporary works placed by them in the river.\n\nPart IVLand\n\nPurchase of land, etc.\n\n26 Purchase of land\n(1) The Board may purchase compulsorily and use such of the land delineated on the deposited plans and described in the deposited book of reference as they require for the purpose of the works or for any purpose connected with or ancillary to their undertaking.\n(2) Without prejudice to the generality of subsection (1) above, the Board may purchase compulsorily and use for the purposes specified in column (3) of Part I of Schedule 2 to this Act all or any of the land referred to in columns (1) and (2) of that\n(3) The Board may enter upon, use and appropriate so much of the subsoil and undersurface of, or airspace over, any public street, road, footway or place delineated on the deposited plans and described in the deposited book of reference as shall be necessary for the purposes of subsection (1) above without being required to purchase the same or any easement or other right therein, thereunder or thereover or to make any payment therefor.\n(4) The Board shall not exercise the powers of this section or section 27 (Purchase of rights over land) of this Act in relation to any land to which section 29 (Temporary use of land) of this Act applies.\n\n27 Purchase of rights over land\n(1) In this section references to the purchase by the Board of new rights are references to the purchase of rights to be created in favour of the Board.\n(2) Subject to the provisions of this Act, the Board may for the purpose of constructing, maintaining, protecting, altering, renewing and using the works, or for the purpose of obtaining access to the works or for the purpose of doing any other thing necessary in connection with the works, purchase compulsorily such new rights as they require in or over any of the land delineated on the deposited plans and described in the deposited book of reference instead of purchasing that land under section 26 (Purchase of land) of this Act.\n(3) The Act of 1965, as applied by this Act, shall have effect with the modifications necessary to make it apply to the compulsory purchase of new rights under subsection (2) above as it applies to the compulsory purchase of land so that, in appropriate contexts, references in the Act of 1965 to land are read as referring, or as including references, to the new rights or to land in or over which the new rights are, or are to be, exercisable, according to the requirements of the particular context.\n(4) Without prejudice to the generality of subsection (3) above, in relation to the purchase of new rights under subsection (2) above—\n(a) Part I of the Act of 1965 shall have effect with the modifications specified in Schedule 3 to this Act; and\n(b) the enactments relating to compensation for the compulsory purchase of land shall apply with the necessary modifications as they apply to such compensation.\n\n28 Purchase of specific new rights over land\n(1) Section 27 (Purchase of rights over land) of this Act shall have effect for enabling the Board to purchase such further new rights as they require under this section.\n(2) The Board may, in addition to such new rights as they may purchase under the said section 27 of this Act, purchase such new rights as they require in or over any of the lands shown on the deposited plans within the lines marked “Limit of easement to be acquired” or “Limit of land required for temporary access” and specified in Part II of Schedule 2 to this Act for the provision of means of access to the highways there mentioned.\n\n29 Temporary use of land\nThe provisions set out in Part III of Schedule 2 to this Act shall have effect with respect to the temporary use of land by the Board for working sites.\n\nGeneral lands provisions\n\n30 Purchase of part of certain properties\n(1) Where a copy of this section is endorsed on, or annexed to, a notice to treat served under the Act of 1965, as applied by this Act, the following provisions of this section shall apply to the land subject to the notice instead of section 8 (1) of that Act.\n(2) Where the land subject to the notice is part only of a house, building or factory, or part only of land consisting of a house, together with any park or garden belonging thereto, if the person on whom the notice is served, within 21 days after the day on which the notice is served on him, serves on the Board a counter-notice objecting to the sale of the part and stating that he is willing and able to sell the whole (in this section referred to as “the land subject to the counter-notice”), the question whether he shall be required to sell the part shall, unless the Board agree to take the land subject to the counter-notice, be referred to the tribunal.\n(3) If the said person does not serve such a counter-notice as aforesaid within 21 days after the day on which the notice to treat is served on him, or if, on such a reference to the tribunal, the tribunal determine that the part subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, in the case of part of land consisting of a house, together with a park or garden belonging thereto, without such detriment and without seriously affecting the amenity and convenience of the house, the said person shall be required to sell the part.\n(4) If, on such a reference to the tribunal, the tribunal determine that part only 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 such detriment and without seriously affecting the amenity and convenience of the house, the notice to treat shall be deemed to be a notice to treat for that part.\n(5) If, on such a reference to the tribunal, the tribunal determine that 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 that the material detriment is confined to a part of the land subject to the counter-notice, the notice to treat shall be 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 Board are authorised to purchase compulsorily under this Act.\n(6) If the Board agree to take the land subject to the counter-notice, or if the tribunal determine that—\n(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 such detriment and without seriously affecting the amenity and convenience of the house; and\n(b) the material detriment is not confined to a part of the land subject to the counter-notice;\nthe notice to treat shall be deemed to be a notice to treat for the land subject to the counter-notice whether or not the whole of the land is land which the Board are authorised to purchase compulsorily under this Act.\n(7) In any case where, by virtue of a determination by the tribunal under subsection (4), (5) or (6) above a notice to treat is deemed to be a notice to treat for part of the land specified in the notice or for more land than is specified in the notice, the Board may, within six weeks after the tribunal make their determination, withdraw the notice to treat and, if they do so, shall pay to the said person compensation for any loss or expense occasioned to him by the giving and withdrawal of the notice, to be determined in case of dispute by the tribunal:\nProvided that the determination of the tribunal shall not be deemed to be made so long as—\n(a) the time for requiring the tribunal to state a case with respect thereto has not expired and any proceedings on the points raised by a case so stated have not been concluded; or\n(b) any proceedings on appeal from any decision on the points raised by a case so stated have not been concluded.\n(8)(a)Where a person is required under this section to sell part only of a house, building or factory, or land consisting of a house, together with any park or garden belonging thereto, the Board shall pay him compensation for any loss sustained by him due to the severance of that part in addition to the value of his interest therein.\n(b) Any dispute as to a person’s entitlement to compensation under this section or as to the amount of compensation shall be determined by the tribunal.\n\n31 Disregard of recent improvements and interests\nIn determining a question with respect to compensation claimed in consequence of the compulsory purchase of land under this Act, the tribunal shall not take into account—\n(a) any interest in land; or\n(b) any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made (whether on the land purchased or on any other land with which the claimant is, or was at the time of the erection, executing or making of the building, works, improvement or alteration, directly or indirectly concerned):\nif the tribunal are 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 the case may be, was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.\n\n32 Extinction or suspension of private rights of way\n(1) All private rights of way over any land which may be purchased compulsorily under this Act shall be extinguished on the purchase of the land, whether compulsorily or by agreement, or on the entry on the land under section 11(1) of the Act of 1965 as applied by this Act, whichever is sooner.\n(2) All private rights of way over any land of which the Board may take temporary possession under this Act shall be suspended and unenforceable against the Board for so long as the Board shall remain in lawful possession thereof.\n(3) Any person who suffers loss by the extinguishment or suspension of any right under this section shall be entitled to be paid by the Board compensation, to be determined in case of dispute by the tribunal.\n\n33 Correction of errors in deposited plans and book of reference\n(1) If the deposited plans or the deposited book of reference are inaccurate in their description of any land, or in their statement or description of the ownership or occupation of any land, the Board after giving not less than 10 days' notice to the owner, lessee and occupier of the land in question may apply to two justices having jurisdiction in the place where the land is situated for the correction thereof.\n(2) If on any such application it appears to the justices that the misstatement or wrong description arose from mistake, the justices shall certify the fact accordingly and shall in their certificate state in what respect any matter is misstated or wrongly described.\n(3) The certificate shall be deposited in the office of the Clerk of the Parliaments, and a copy thereof in the Private Bill Office of the House of Commons, and with the proper officer or chairman of a local authority with whom a copy of the deposited plans has been deposited in accordance with the Standing Orders of the Houses of Parliament, or who has the custody of any such copy so deposited; and thereupon the deposited plans and the deposited book of reference shall be deemed to be corrected according to the certificate, and it shall be lawful for the Board to take the land and execute the works in accordance with the certificate.\n(4) A person with whom a copy of the certificate is deposited under this section shall keep it with the other documents to which it relates.\n\n34 Cellars under streets not referenced\nNothing in this Act shall authorise the Board to purchase compulsorily or use (except by agreement) any cellar or vault in or under any street belonging to or connected with any building unless the cellar or vault or the building with which it is connected is described in the deposited book of reference.\n\n35 Set-off for enhancement in value of retained land\n(1) In this section “relevant land” means any land purchased, or any land in or over which any new rights are purchased, by the Board for the purposes of the works.\n(2) In assessing the compensation payable to any person on the purchase by the Board from him of any relevant land or any rights therein, the tribunal shall—\n(a) have regard to the extent to which the land or the remaining contiguous lands belonging to the same person may be benefited by any of the works; and\n(b) set off against the value of the relevant land any increase in value of the remaining contiguous lands belonging to the same person which will accrue to him by reason of the construction of any of the works.\n(3) The [1961 c. 33.] Land Compensation Act 1961 shall have effect subject to the provisions of this section.\n\n36 Time for purchase of land and rights over land\nThe powers of the Board for the compulsory purchase of land and rights in or over land under this Act shall cease on 31st December 1995.\n\nExtension of time\n\n37 Extension of time\nThe period now limited for the exercise by the Board of the powers of section 30 (Temporary possession of lands and access at Basingstoke and Wandsworth) of the [1986 c. iii.] British Railways Act 1986 in their application to the temporary possession of lands and access in the London borough of Wandsworth is hereby extended until 31st December 1995.\n\nPart VProtective provisions\n\n38 Notice of interference with roads\nBefore breaking up or otherwise interfering with any road to which the public has access in connection with the construction of any of the works under the powers of this Act, the Board shall (except in case of emergency) give 14 days' notice in writing to the chief officer of police.\n\n39 For protection of electricity, gas and water undertakers\nFor the protection of the several undertakers referred to in this section, the following provisions shall, unless otherwise agreed in writing between the Board and the undertakers concerned, have effect:—\n(1) In this section—\n  * “adequate alternative apparatus” means alternative apparatus adequate to enable the undertakers to fulfil their statutory functions in a manner not less efficient than previously;\n  * “apparatus” means—\n    (a) in the case of electricity undertakers, electric lines or electrical plant (as defined in the [1989 c. 29.] Electricity Act 1989) belonging to or maintained by such undertakers; or\n    (b) in the case of gas or water undertakers, any mains, pipes or other apparatus belonging to or maintained by such undertakers;\n    (not being in either case apparatus in respect of which the relations between the Board and the undertakers are regulated by, until the commencement of Part III of the [1991 c. 22.] New Roads and Street Works Act 1991, the provisions of Part II of the [1950 c. 39.] Public Utilities Street Works Act 1950 or, on the commencement of Part III of the said Act of 1991, by the provisions of that Part of that Act) and includes any building, structure or works for the lodging therein of apparatus;\n  * “functions” includes powers and duties;\n  * “in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land;\n  * “the undertakers” means any person authorised to carry on, in any area within which the Board are by this Act authorised to purchase land or execute works, an undertaking for the supply of gas or water or for the generation, transmission or supply of electricity; and, in relation to any apparatus, means the undertakers to whom it belongs or by whom it is maintained:\n(2) Notwithstanding the temporary stopping up or diversion of any highway under the powers of section 20 (Temporary stoppage of highways) of this Act, the undertakers shall be at liberty at all times to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable them to inspect, repair, maintain, renew, remove or use any apparatus which at the time of the stopping up or diversion was in that highway:\n(3) The Board, in the case of the powers conferred by section 21 (Underpinning of buildings near works) of this Act, shall, so far as is reasonably practicable, so exercise those powers as not to obstruct or render less convenient the access to any apparatus and, if by reason of the exercise of those powers any damage to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal or abandonment) or property of the undertakers or any interruption in the supply of electricity, gas or water, as the case may be, by the undertakers shall be caused, the Board shall bear and pay the cost reasonably incurred by the undertakers in making good such damage or restoring the supply; and shall—\n(a) make reasonable compensation to the undertakers for any loss sustained by them; and\n(b) indemnify the undertakers against all claims, demands, proceedings, costs, damages and expenses which may be made or taken against or recovered from or incurred by the undertakers;\nby reason or in consequence of any such damage or interruption:\nProvided that—\n(i) nothing in this paragraph shall impose any liability on the Board with respect to any damage or interruption to the extent that such damage or interruption may be attributable to the act, neglect or default of the undertakers or their contractors or workmen;\n(ii) the undertakers shall give to the Board reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior consent of the Board:\n(4) Notwithstanding anything in section 22 (Use of sewers, etc., for removing water) of this Act, no use shall be made by the Board in the construction of the works of pumping or other like modes of removing water except where reasonably necessary or in case of emergency or unforeseen accident or for the purpose of removing rainwater or other small amounts of water, and until the commencement of Part III of the [1991 c. 22.] New Roads and Street Works Act 1991 the provisions of section 26 of the [1950 c. 39.] Public Utilities Street Works Act 1950 shall apply to, and in relation to, the laying down, taking up or altering of conduits, pipes or other works under the said section 22 as if executed by the Board as operating undertakers within the meaning of the said section 26 for purposes other than the purposes of a railway undertaking:\n(5) Notwithstanding anything in this Act or shown on the deposited plans the Board shall not acquire any apparatus under the powers of this Act otherwise than by agreement.\n(6) If the Board, in the exercise of the powers of this Act, acquire any interest in any land in which any apparatus is placed, that apparatus shall not be removed under this section and any right of the undertakers to maintain, repair, renew or inspect that apparatus in that land shall not be extinguished until adequate alternative apparatus shall have been constructed and be in operation to the reasonable satisfaction of the undertakers:\n(7) If the Board, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Act, require the removal of any apparatus placed in that land, and shall give to the undertakers written notice of such requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed so as to provide adequate alternative apparatus in lieu of the apparatus to be removed, or, if in consequence of the exercise of any of the powers of this Act the undertakers shall reasonably require to remove any apparatus, the Board shall afford to the undertakers the necessary facilities and rights for the construction of such alternative apparatus in other land of the Board and thereafter for the maintenance, repair, renewal and inspection of such apparatus:\nProvided that, if the alternative apparatus or any part thereof is to be constructed elsewhere than in other land of the Board, or the Board are unable to afford such facilities and rights as aforesaid in the land in which the alternative apparatus or such part thereof is to be constructed, the undertakers shall, on receipt of a written notice to that effect from the Board, forthwith use their best endeavours to obtain the necessary facilities and rights in such last-mentioned land:\n(8)(a)Any alternative apparatus to be constructed in land of the Board under this section shall be constructed in such manner and in such line or situation as may be agreed between the undertakers and the Board or in default of agreement settled by arbitration;\n(b) The undertakers shall, after the alternative apparatus to be provided or constructed shall have been agreed or settled by arbitration as aforesaid and after the grant to the undertakers of any such facilities and rights as are referred to in paragraph (7) above, proceed with all reasonable dispatch to construct and bring into operation the alternative apparatus and thereafter to remove any apparatus required by the Board to be removed under the provisions of this section:\n(9) Notwithstanding anything in paragraph (8) above, if the Board give notice in writing to the undertakers that they desire themselves to execute any part of so much of the work necessary in connection with the construction of the alternative apparatus, or the removal of the apparatus required to be removed, as will be situate in any land of the Board, such work, in lieu of being executed by the undertakers, shall be executed by the Board with all reasonable dispatch under the superintendence, if given, and to the reasonable satisfaction of the undertakers:\nProvided that nothing in this paragraph shall authorise the Board to execute the actual placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus:\n(10) Where, in accordance with the provisions of this section, the Board afford to the undertakers facilities and rights for the construction, maintenance, repair, renewal and inspection in land of the Board of alternative apparatus in substitution for apparatus to be removed as aforesaid, those facilities and rights shall be granted upon such terms and conditions as may be agreed between the Board and the undertakers or in default of agreement settled by arbitration:\nProvided that—\n(a) in settling such terms and conditions as aforesaid in respect of alternative apparatus to be constructed in or along any railway of the Board, the arbitrator shall—\n(i) give effect to all reasonable requirements of the Board for ensuring the safety and efficient operation of the railway and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any proposed works of the Board or the traffic on the railway; and\n(ii) so far as it may be reasonable and practicable to do so in the circumstances of the particular case, give effect to the terms and conditions applicable to the apparatus, if any, constructed in or along the railway for which the alternative apparatus is to be substituted;\n(b) if the facilities and rights to be afforded by the Board in respect of any alternative apparatus and the terms and conditions subject to which the same are to be granted are in the opinion of the arbitrator less favourable on the whole to the undertakers than the facilities and rights enjoyed by them in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator shall make such provision for the payment of compensation by the Board to the undertakers in respect thereof as shall appear to him to be reasonable having regard to all the circumstances of the particular case:\n(11)(a)Not less than 28 days before commencing to execute any such works as are referred to in paragraph (7) above and are near to or will or may affect any apparatus the removal of which has not been required by the Board under the said paragraph (7), the Board shall submit to the undertakers a plan, section and description of the works to be executed;\n(b) Such works shall be executed only in accordance with the plan, section and description submitted as aforesaid and in accordance with such reasonable requirements as may be made by the undertakers for the alteration or otherwise for the protection of the apparatus or for securing access thereto and the undertakers shall be entitled by their officer to watch and inspect the execution of such works:\nProvided that—\n(i) if the undertakers within 14 days after the submission to them of any such plan, section and description shall, in consequence of the works proposed by the Board, reasonably require the removal of any apparatus and give written notice to the Board of such requirement, the foregoing provisions of this section shall apply and have effect as if the removal of such apparatus had been required by the Board under the said paragraph (7);\n(ii) nothing in this sub-paragraph shall preclude the Board from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any such works, a new plan, section and description thereof in lieu of the plan, section and description previously submitted, and thereupon the provisions of this paragraph shall apply to and in respect of such new plan, section and description;\n(c) The Board shall not be required to comply with sub-paragraph (a) above in a case of emergency but in such a case they shall give to the undertakers notice as soon as reasonably practicable and a plan, section and description of the works as soon as reasonably practicable thereafter and shall comply with sub-paragraph (b) above so far as reasonably practicable in the circumstances:\n(12) Where, in consequence of this Act, any part of any highway in which any apparatus is situate ceases to be part of a highway the undertakers may exercise the same rights of access to such apparatus as they enjoyed immediately before the passing of this Act, but nothing in this paragraph shall affect any right of the Board or of the undertakers to require removal of such apparatus under this section or the power of the Board to execute works in accordance with paragraph (11) above:\n(13) Subject to paragraph (14) below, the Board shall pay to the undertakers the costs, charges and expenses reasonably incurred by the undertakers in or in connection with the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph (7) above, less the value of any apparatus removed under the provisions of this section (such value being calculated after removal) and shall also make compensation to the undertakers—\n(a) for any damage caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal in accordance with the provisions of this section); and\n(b) for any other expenses, loss, damages, penalty or costs incurred by the undertakers;\nby reason or in consequence of the execution, maintenance, user or failure of any such works or otherwise by reason or in consequence of the exercise by the Board of the powers of this Act:\n(14) If the cost of maintaining, using, repairing or renewing any apparatus is reduced in consequence of any of the works, including the provision of alternative apparatus under this section, a capitalised sum representing such saving shall be paid by the relevant undertakers to the Board or set off against any sums payable by the Board to the relevant undertakers under this section:\n(15) Where, by reason of the stopping up of any highway under the powers of this Act, any apparatus belonging to the undertakers and laid or placed in such highway or elsewhere is rendered derelict or unnecessary, the Board shall pay to the undertakers the then value of such apparatus (which shall thereupon become the property of the Board) and the reasonable cost of and incidental to the cutting off of such apparatus from any other apparatus, and of and incidental to the execution or doing of any works or things rendered necessary or expedient by reason of such apparatus being so rendered derelict or unnecessary:\nProvided that the Board shall not under the provisions of this paragraph be required to pay to the undertakers the value of any apparatus rendered derelict or unnecessary if, to the reasonable satisfaction of the undertakers, other apparatus shall at the expense of the Board have been provided and laid and made ready for use in substitution for the apparatus so rendered derelict or unnecessary:\n(16) Any difference arising between the Board and the undertakers under this section shall be referred to and settled by arbitration:\n(17) Nothing in this section shall affect the provisions of any enactment or agreement regulating the relations between the Board and the undertakers in respect of any apparatus laid or erected in land belonging to the Board at the date of the passing of this Act.\n\n40 For protection of sewerage undertakers\nFor the protection of sewerage undertakers the following provisions shall, unless otherwise agreed in writing between the Board and the sewerage undertaker concerned, have effect:—\n(1) In this section—\n  * “the company” means the sewerage undertaker for the area of the works or whose sewers are affected;\n  * “construction” includes placing or altering; and “constructed” shall be construed accordingly;\n  * “sewer” means a public sewer within the meaning of the [1991 c. 56.] Water Industry Act 1991 and includes a disposal main within the meaning of that Act; and\n  * “specified work” means so much of the works as will or may be situated over or within 15 metres measured in any direction of, or (wherever situated) impose any load directly upon, any sewer:\n(2)(a)Before commencing the construction or renewal of any specified work or, in the case of any temporary work, its removal the Board shall submit to the company plans thereof as described in paragraph (3) below (in this section referred to as “the said plans”) and shall not commence that work until the company has signified in writing its approval of the said plans;\n(b) Any approval of the company required under this paragraph—\n(i) may be given subject to reasonable conditions;\n(ii) shall not be unreasonably withheld;\n(iii) shall be deemed to have been given if it is neither given nor refused within 56 days of the submission of plans for approval:\n(3)(a)The plans to be submitted to the company shall be detailed plans, drawings, sections and specifications describing the position and manner in which, and the level at which, any specified work is proposed to be constructed and the position of all sewers of the company within 15 metres of that work or upon which the specified work will impose a load and shall include detailed drawings of every alteration which the Board may propose to any such sewers;\n(b) For the purpose of the preparation of the said plans the company shall permit the Board to have access to plans in its possession and to any of its sewers:\n(4) The company may require such modifications to be made to the said plans as may be reasonably necessary to secure the sewerage system of the company against interference or risk of damage and to provide and secure proper and convenient means of access to any sewer:\n(5) The specified work shall be constructed, or (in the case of any temporary work) removed, in accordance with the plans approved, or deemed to have been approved, as aforesaid or settled by arbitration, as the same may be amended from time to time by agreement between the Board and the company, and in the construction or removal of the specified work the Board shall comply with all reasonable requirements of the company and shall provide new, altered or substituted sewers or works for the protection of any sewers of the company, in such manner as the company may reasonably require by way of replacement provision for or for the proper protection of, and for preventing injury or impediment to, any such sewer by reason of any specified work:\n(6) All works under paragraph (5) above for the provision of new, altered or substituted sewers or the protection of any sewers of the company shall, where so required by the company, be constructed by the company or under the supervision (if given) of an officer of the company duly appointed for the purpose, and all costs, charges and expenses reasonably incurred by the company in the construction of such works, or in the preparation or examination of plans or designs therefor, or in such supervision, shall be paid to the company by the Board:\n(7) When works for the provision of any such new, altered or substituted sewer, or any such protective work forming part of any such new, altered or substituted sewer or any existing sewer of the company, have been completed under this section to the reasonable satisfaction of the company, they shall be vested in and become maintainable by the company:\n(8)(a)The Board shall be liable to make good, or, if the company so decide, to repay to the company any expense reasonably incurred by the company in making good, all injury or damage to any sewers, drains or works vested in the company (except in so far as such sewer, drain or work is intended for alteration or removal for the purposes of the specified work) caused by or resulting from the construction of any specified work or any investigation undertaken therefor and the provision of any new, altered or substituted sewer or any protective work under this section and shall pay to the company any additional expense to which it may be put in the maintenance, management or renewal of any new, altered or substituted sewer which may be necessary in consequence of the construction of any specified work;\n(b) The Board shall indemnify the company against all actions, claims, demands, costs, expenses, damages or loss which may be made on or against the company which the company may incur or have to pay or which it may sustain in consequence of the construction of a specified work or of the failure or want of repair thereof or any subsidence caused by the construction of any specified work or in consequence of any act or omission of the Board, their contractors, agents, workmen or servants, whilst engaged upon the specified work and any new, altered or substituted sewer or any protective work:\nProvided that the company shall give to the Board reasonable notice of any such claim or demand as aforesaid and no setttlement or compromise thereof shall be made without the agreement in writing of the Board;\n(c) Nothing in sub-paragraph (a) or (b) above shall impose any liability on the Board in respect of any damage to the extent that it is attributable to the act, neglect or default of the company, its officers, servants, or, if not the Board, its contractors or agents:\n(9) An officer of the company duly appointed for the purpose may, at any reasonable time and, if required by the Board, under their supervision and control, enter upon and inspect any specified work or any other works constructed under this section:\n(10) The approval by the company of any plans, drawings, sections or specifications or the supervision by it of any work under this section shall not (if it was done without negligence on the part of the company, its officers, servants, or, if not the Board, its contractors or agents) exonerate the Board from any liability or affect any claim for damages by the company:\n(11) Notwithstanding the temporary stopping up or diversion of any highway under the powers of section 20 (Temporary stoppage of highways) of this Act, the company shall be at liberty at all times to construct and do all such works and things in, upon or under any such highway as may be reasonably necessary to enable it to inspect, repair, maintain, renew, alter, protect, remove or use any sewer which at the time of the stopping up or diversion was in that highway:\n(12) Where, in consequence of this Act, any part of any street, bridleway or footpath in which any sewer is situate ceases to be part of the street, bridleway or footpath, the company may exercise the same rights of access to such sewer as it enjoyed immediately before the passing of this Act, but nothing in this paragraph shall affect any right of the Board or of the company to require alteration of such sewer under this section:\n(13) The Board shall, so far as is reasonably practicable, so exercise the powers conferred by section 21 (Underpinning of buildings near works) of this Act as not to obstruct or render less convenient the access to any sewer:\n(14) As soon as reasonably practicable after the completion of the construction of the specified works the Board shall deliver to the company a plan and section showing the position and level of those works as constructed and all new, altered or substituted works provided under this section:\n(15) Nothing in this section shall affect the provisions of any enactment or agreement regulating the relations between the Board and the company in respect of any sewer or other apparatus constructed, laid or erected in land belonging to the Board before the passing of this Act:\n(16) Any difference arising between the Board and the company under this section shall be referred to and settled by arbitration.\n\n41 For protection of telecommunications operators\nFor the protection of telecommunications operators the following provisions shall, unless otherwise agreed in writing between the Board and the telecommunications operators concerned, have effect:—\n(1) In this section expressions defined in the [1984 c. 12.] Telecommunications Act 1984 have the same meanings as in that Act:\n(2) The temporary stopping up or diversion of any highway under section 20 (Temporary stoppage of highways) of this Act shall not affect any right of a telecommunications operator under paragraph 9 of the telecommunications code to inspect, maintain, adjust, repair or alter any apparatus which, at the time of the stopping up or diversion, is in that highway.\n\n42 For protection of National Rivers Authority\nFor the protection of the National Rivers Authority (in this section referred to as “the authority”) the following provisions shall, unless otherwise agreed in writing between the Board and the authority, have effect:—\n(1) In this section—\n  * “construction” includes execution, placing and altering and, in relation to temporary works, includes removal; and “construct” and “constructed” have corresponding meanings;\n  * “drainage work” means any watercourse and includes any land regularly used for providing flood storage capacity for any such watercourse and any other structure or appliance under the control of the authority constructed or used for defence against water;\n  * “the fishery” means fish in, or migrating to or from, the river Eye or the river Trent and the spawn, spawning grounds or food of such fish in either of those rivers;\n  * “plans” includes sections, drawings, specifications, method statements and other such particulars;\n  * “specified work” means so much of any work or operation authorised by this Act as is in, on, under or over a watercourse or is likely to—\n    (a) interfere with or affect (either directly or indirectly) any drainage work; or\n    (b) cause obstruction to the free passage of water or fish in any watercourse; and\n  * “watercourse” has the meaning given in section 72 of the [1991 c. 59.] Land Drainage Act 1991:\n(2)(a)Not less than 56 days before beginning to construct any specified work, the Board shall submit to the authority plans of the work and the work shall not be constructed except in accordance with plans approved by the authority, or settled by arbitration, and in accordance with any reasonable requirements made by the authority for the protection of any drainage work or the fishery or for the prevention of flooding or pollution;\n(b) The requirements which the authority may make under sub-paragraph (a) above include conditions requiring the construction of such protective works by, and at the expense of, the Board during the construction of the specified work as are reasonably necessary to safeguard a drainage work against damage or to secure that the efficiency of a drainage work for flood defence purposes is not impaired:\n(3) If within a period of 56 days after the submission of any plans under sub-paragraph (2)(a) above the authority do not inform the Board in writing that they disapprove of those plans, stating the grounds of their disapproval, they shall be treated for the purposes of this section as having approved them:\n(4) Any specified work, and all protective works required by the authority under paragraph (2) above, shall be constructed to the reasonable satisfaction of the authority and the authority shall be entitled by their officer to watch and inspect the construction of such works:\n(5) If by reason of the construction of any specified work the efficiency of any flood defence work for drainage purposes is impaired or that work is damaged, such impairment or damage shall be made good by the Board to the reasonable satisfaction of the authority and, if the Board fail to do so, the authority may make good the same and recover from the Board the expense reasonably incurred by them in so doing:\n(6)(a)The Board shall indemnify the authority from all claims, demands, proceedings, costs, damages, expenses or loss which may be made or taken against, or recovered from or incurred by, the authority in consequence of—\n(i) any damage to any drainage work so as to impair its efficiency for the purposes of flood defence; or\n(ii) any damage to the fishery; or\n(iii) any raising of the water table in land adjoining any of the works or adjoining any sewers, drains and watercourses; or\n(iv) any flooding or increased flooding of any such land;\n(6)(a)which may be caused by, or result from, the construction of any specified work or any act or omission of the Board, their contractors, agents, workmen or servants whilst engaged upon the work;\n(b) The authority shall give to the Board reasonable notice of any such claim or demand and no settlement or compromise thereof shall be made without the agreement of the Board:\n(7) The fact that any work or thing has been executed or done in accordance with a plan approved or deemed to be approved by the authority, or to their satisfaction, or in accordance with any directions or award of an arbitrator, shall not relieve the Board from any liability under the provisions of this section:\n(8) For the purposes of section 109 of the [1991 c. 57.] Water Resources Act 1991 (as to structures in, over or under a main river) as applying to the construction of any specified work, any consent or approval given or deemed to be given by the authority under this section with respect to the erection of any structure shall be deemed also to constitute a consent or approval under the said section 109 as respects the erection of that structure:\n(9) Any difference arising between the Board and the authority under this section (other than a difference as to its meaning or construction) shall be referred to and settled by arbitration.\n\n43 For protection of Berkshire County Council\nFor the protection of the Berkshire County Council (in this section referred to as “the council”) the following provisions shall, unless otherwise agreed in writing between the Board and the council, have effect:—\n(1) In this section—\n  * “highway” means any highway vested in or repairable or maintainable by the council;\n  * “new highway” means any new or widened highway to be provided by the Board under the provisions of this Act and the expression “new highways” shall be construed accordingly;\n  * “plans” includes sections and particulars; and\n  * “specified works” means Works Nos. 2A, 2B and 2C, the new highways and so much of the works as may in any way affect any highway in the county of Berkshire:\n(2) The Board shall not exercise the powers of section 20 (Temporary stoppage of highways) of this Act with respect to any highway unless they have given to the council not less than 21 days' notice in writing of their intention so to do, except in case of emergency when such notice as is practicable shall be given:\n(3) Before commencing the construction of any of the specified works, the Board shall submit to the council for their approval, which shall not be unreasonably withheld, plans thereof and, notwithstanding anything shown on the deposited plans and the deposited sections, the work to which such plans relate shall not be constructed otherwise than in accordance with such plans as may be approved by the council as aforesaid, or, if such approval be refused, as may be settled by arbitration, and any part of the construction of the specified works which may involve interference with a highway shall be carried out under the supervision (if given) and to the reasonable satisfaction of the council:\nProvided that, if within 56 days after the submission to them of plans in accordance with the provisions of this paragraph the council do not signify their approval or disapproval thereof and the grounds for such disapproval, they shall be deemed to have approved thereof:\n(4) Notwithstanding anything in this Act or shown on the deposited plans Work No. 2A shall be designed, constructed and maintained so as to provide for loadings to be agreed in advance by the council (provided that nothing in this paragraph shall enable the council to require loadings to be provided in excess of those for which the existing Wexham Road Bridge is capable of bearing when properly maintained) and the Board shall indemnify the council against and make good to the council all expenses which the council may reasonably incur or be put to in the maintenance or repair of any highway, drain or apparatus therein by reason of any non-compliance by the Board with the provisions of this paragraph:\n(5)(a)Before commencing to construct any part of the specified works which will involve interference with a highway the Board shall consult the council as to the time when such part shall be commenced, as to the extent of the surface of the highway which it may be reasonably necessary for the Board to occupy in the construction of such part and as to the conditions under which such part shall be constructed so as to reduce so far as possible inconvenience to the public and to ensure the safety of the public, and such part shall not be constructed and the surface of the highway shall not be occupied by the Board except at the time, to the extent and in accordance with such reasonable conditions as may be agreed between the Board and the council or, in default of agreement, settled by arbitration;\n(b) Any such highway shall be reinstated by the Board in a manner approved by the council and to their reasonable satisfaction but approval by the council shall not be unreasonably withheld:\n(6) The Board shall, at all reasonable times during the construction of any part of the specified works, afford to the surveyor of the council or his duly authorised representatives access to that part of the specified works for the purposes of inspection:\n(7) The structure of Works Nos. 2A, 2B and 2C, the embankments on which the approaches to those works are constructed and any fencing on either side of those approaches shall be maintained by the Board:\n(8)(a)The surface of the carriageway and footways of Work No. 2A shall be vested in and maintained by the council which shall have all such rights in relation to the subsoil and undersurface thereof as are necessary for the performance of their functions as highway authority:\nProvided that the Board shall be liable to the council for the maintenance of any new highway and the surface of the new bridge for a period of 12 months after the date of completion;\n(b) In this paragraph “date of completion” means the date upon which the new highway or, as the case may be, Work No. 2A is completed in accordance with the requirements of this section and open for public use or, in the case of a difference between the Board and the council as to whether the said requirements have been complied with, until the matter in dispute has been referred to and settled by arbitration and the arbitrator has certified that the new highway or, as the case may be, Work No. 2A has been completed in accordance with his decision:\n(9) The Board shall keep the council indemnified against all actions, costs, claims and demands whatsoever brought or made against the council by any person in respect of loss or damage caused by, or in consequence of, the construction of any of the specified works and the fact that any act or thing may have been done in accordance with plans approved by the council or in accordance with any requirement of the council or under their supervision shall not (if it was done without negligence on the part of the council) excuse the Board from liability under the provisions of this section:\nProvided that the council shall give to the Board reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior consent of the Board:\n(10) The Board shall repay to the council all costs, charges and expenses reasonably incurred by the council in the examination of the plans submitted to the council under this section in relation to any of the specified works:\n(11) Any difference arising between the Board and the council under this section shall be referred to and settled by arbitration.\n\n44 For protection of National Carriers Limited\nFor the protection of National Carriers Limited (which expression shall include successors in title) (in this section referred to as “the company”) the following provisions shall have effect:—\n(1) In this section “the Slough land” means the land numbered on the deposited plans 2 in the borough of Slough:\n(2) Notwithstanding anything in sections 26 (Purchase of land) and 32 (Extinction or suspension of private rights of way) of this Act, the Board shall not purchase compulsorily, nor shall there be extinguished, varied or suspended, the right of way enjoyed by or vested in the company over the Slough land by virtue of an Agreement dated 5th May 1972 and made between the Board (1), the company (2) and National Freight Corporation (3).\n\n45 Crown rights\n(1) Nothing in this Act affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular and without prejudice to the generality of the foregoing, nothing in this Act authorises the Board to take, use, enter upon or in any manner interfere with, any land or hereditaments or any rights of whatsoever description (including any river)—\n(a) belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those commissioners; or\n(b) 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.\n(2) A consent under subsection (1) above may be given unconditionally or subject to such conditions and upon such terms as shall be considered necessary or appropriate.\n\nPart VIGeneral\n\n46 Relinquishment, etc., of works\n(1) In this section—\n  * “the road” means so much of Old Seacoal Lane as is referred to in subsection (1)(b)(iii) of section 9 (Roadworks at Holborn Viaduct) of the [1988 c. xi.] British Railways (London) Act 1988;\n  * “point K” means the point K referred to in that subsection; and\n  * “the relinquished works” means the new roads authorised to be made and maintained under subsection (1)(b) and (f) of the saidsection 9.\n(2) The Board shall relinquish the power to make and maintain the relinquished works.\n(3) Notwithstanding anything in subsection (1) of the said section 9, the Board shall, on exercising the power to stop up and discontinue the road, stop up only so much of the road as lies between point K and a point in the road 18·72 metres east of its junction with Farringdon Street, measured along the centre of the road from a line corresponding with the back edge of the eastern footway of that street at that junction.\n(4) So much of section 9(1) of the said Act of 1988 as relates to the relinquished works shall cease to have effect.\n\n47 Planning permission\n(1) In this section “Part 11 development” means development permitted by article 3 of, and Class A in Part 11 of Schedule 2 to, the [S.I. 1988/1813.] Town and Country Planning General Development Order 1988 (which permits development authorised by private Act designating specifically both the nature of the development thereby authorised and the land on which it may be carried out).\n(2) Subject to subsection (3) below, in its application to development authorised by this Act, the planning permission granted for Part 11 development shall have effect as if the authority to develop given by this Act were limited to development begun within 10 years after the passing of this Act.\n(3) Subsection (2) above shall not apply to the carrying out of any development consisting of the alteration, maintenance or repair of works or the substitution of new works therefor.\n\n48 Repeals\nThe enactments specified in columns (1) and (2) of Schedule 4 to this Act are hereby repealed to the extent mentioned in column (3) of that Schedule.\n\n49 Arbitration\nWhere under any provision of this Act any difference (other than a difference which falls to be determined by the tribunal) is to be referred to or settled by arbitration, then such difference shall 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 notice in writing to the other) by the\n\nSCHEDULES\nSection 5.\n\nSCHEDULE 1 Descriptions of works referred to in section 5 of this Act\nIn the London borough of Waltham Forest—\n  * Work No. 1 A [(Railway at Walthamstow)] railway (717 metres in length) at Walthamstow, commencing by a junction with the railway between Clapton and St. James Street at a point 429 metres north-east of the bridge carrying that railway over the railway between Tottenham Hale and Stratford and terminating by a junction with the last mentioned railway at a point 425 metres south-east of that bridge;\nPartly in the borough of Slough, Berkshire, and partly in the district of South Bucks, Buckinghamshire—\n  * Work No. 2 A [(Railway between Slough and Iver)] railway (5,250 metres in length) adjoining, and on the northern side of, the existing railway, commencing in the borough of Slough by a junction with the line of railway serving Platform 6 at Slough station at a point 102 metres east of the buffer stop at that platform and terminating in the parish of Iver by a junction with the up (Iver to West Drayton) goods loop line of the existing railway at a point 438 metres west of the western end of Platform 4 at Iver station;\nIn the borough of Slough, Berkshire—\n  * Work No. 2A A [(Reconstruction of Wexham Road Bridge, Slough)] reconstruction of the bridge carrying Wexham Road, Slough, over the existing railway;\n  * Work No. 2B A [(Widening of Station Road Bridge, Langley)] widening on both sides thereof of the bridge carrying the relief lines of the existing railway over Station Road (B.470), Langley;\n  * Work No. 2C A [(Widening of Chequer Bridge, Langley)] widening on the north side thereof of the bridge (known as Chequer Bridge) carrying the existing railway over Market Lane and Hollow Hill Lane, Langley;\n  * Work No. 3 A [(Deviation railway at Slough)] railway (1,360 metres in length), being a deviation of the relief lines of the existing railway, commencing by a junction with those lines at a point at Slough station 280 metres east of the bridge carrying William Street (B.416) over the existing railway and the Windsor branch railway and terminating by a junction with those lines at a point 451 metres east of the bridge carrying Uxbridge Road (A.412) over the existing railway;\n  * Work No. 4 A [(Deviation railway at Langley)] railway (997 metres in length) at Langley, being a deviation of the relief lines of the existing railway, commencing by a junction with those lines at a point 127 metres west of the bridge carrying those lines over Station Road (B.470) and terminating by a junction with those lines at a point 72 metres west of the bridge (known as Chequer Bridge) carrying those lines over Market Lane and Hollow Hill Lane;\nIn the London borough of Hillingdon—\n  * Work No. 5 A [(Deviation railway at West Drayton)] railway (1,674 metres in length), being a deviation of the down main line of the existing railway, commencing by a junction with that line at a point at West Drayton station 294 metres east of the bridge carrying the existing railway over Station Road and High Street and terminating by a junction with that line at a point 261 metres east of the bridge carrying Stockley Road over the existing railway;\nIn the metropolitan borough of Kirklees, West Yorkshire—\n  * Work No. 6 A [(Railways at Deighton)] railway (627 metres in length) at Deighton adjoining, and on the south-eastern side of, the railway between Huddersfield and Dewsbury, commencing by a junction with that railway at a point 56 metres east of the bridge (Bridge No. 99) carrying that railway over the footpath known as Peace Pit Lane and terminating by a junction with that railway at a point 100 metres north-east of the bridge (Bridge No. 101) carrying Whitacre Street over that railway;\n  * Work No. 7 A railway (1,343 metres in length) at Deighton, commencing by a junction with Work No. 6 at a point 67 metres south-west of the said bridge No. 101 and terminating at a point 96 metres south-west of the junction of Crabby Lane with Dalton Bank Road;\nIn the metropolitan borough of Rotherham, South Yorkshire—\n  * Work No. 9 A [(Deviation railway at Rotherham)] railway (918 metres in length), being a deviation of the railway known as Holmes Chord, commencing by a junction with the northbound line of the railway between Sheffield and Bolton upon Dearne at a point 42 metres east of Holmes Junction level crossing on that railway and terminating by a junction with the railway between Sheffield and Mexborough at a point on the line of rails forming the eastern continuation of Holmes Chord 62 metres west of the viaduct carrying Centenary Way over that railway and Holmes Chord;\n  * Work No. 10 A [(Railway at Rotherham)] railway (908 metres in length) adjoining, and on the south side of, Work No. 9, commencing by a junction with the southbound line of the railway between Sheffield and Bolton upon Dearne at a point 59 metres east of the said Holmes Junction level crossing and terminating by a junction with the northbound line of the railway between Sheffield and Mexborough at a point 58 metres west of the said viaduct carrying Centenary Way over that railway;\nIn the borough of Melton, Leicestershire—\n  * Work No. 12 A [(Railway at Melton Mowbray)] railway (928 metres in length) at Melton Mowbray, commencing by a junction with the railway (known as the Edwalton Test Track) between Edwalton and Melton Mowbray at a point 394 metres north-west of the bridge carrying Sysonby Grange Lane over that railway and terminating by a junction with the railway between Leicester and Melton Mowbray at a point 360 metres west of the bridge carrying that railway over the former mill race between Eye Kettleby Mill and the river Eye (otherwise Wreake);\nIn the district of Selby, North Yorkshire—\n  * Work No. 13 A [(Railway at Hambleton)] railway (904 metres in length) in the parish of Hambleton, commencing by a junction with the railway between South Milford and Selby at a point 15 metres east of the bridge (Bridge No. 16) carrying that railway over the railway between York and Doncaster and terminating by a junction with the up line of that railway at a point 55 metres north-west of the bridge (Bridge No. 15) carrying the A.63 trunk road over that railway;\n  * Work No. 13A A [(Road at Hambleton)] road, being a diversion of Whinny Hagg Lane in the parish of Hambleton, commencing at a point in that road 248 metres north-west of the said bridge No. 15 and terminating at a point in Whinny Hagg Lane 45 metres north of that bridge;\n  * Work No. 14 A [(Railway at Hensall)] railway (923 metres in length), commencing in the parish of Hensall by a junction with the railway between Selby and Doncaster at a point 72 metres north of the bridge carrying that railway over Gowdall Road and terminating in the parish of Heck by a junction with the railway between Knottingley and Snaith at a point 284 metres east of Heck Ings level crossing on that railway;\n  * Work No. 14A A [(Road at Hensall)] road, being a diversion of Little Heck Common Lane in the parish of Hensall, commencing at a point in that road 8 metres south-east of the bridge carrying the railway between Selby and Doncaster over that road and terminating at a point in that road 15 metres north of the said Heck Ings level crossing;\nIn the London borough of Southwark—\n  * Work No. 15 A [(Viaduct widenings at Elephant & Castle)] widening on both sides thereof of the viaduct carrying Elephant & Castle station and the railway between Blackfriars and Loughborough Junction at that station.\nSection 26(2).\n\nSCHEDULE 2\n\nPart ILand referred to in section 26(2) of this Act\nArea                           No. on deposited plans  Purpose for which land may be used\n(1)                            (2)                     (3)\nIn the county of Berkshire—\nBorough of Slough—             2                       As a means of vehicular access from William Street (B.416) for constructing Works Nos. 2, 2A and 3, or any of them.\nIn Greater London—\nLondon borough of Hillingdon—  2                       To realign the up (Iver to West Drayton) goods loop line of the existing railway in conjunction with the alteration of West Drayton railway station described in section 12 (Works at Langley, Iver and West Drayton stations) of this Act.\n\n\nPart [Section 28(2).] IIMeans of access referred to in section 28 of this Act\nArea                                                No. of land shown on deposited plans  Highway to which access to be formed                                                                                              Purpose for which access required\n(1)                                                 (2)                                   (3)                                                                                                                               (4)\nIn West Yorkshire—\nMetropolitan borough of Kirklees—                   1, 2                                  The byway known as Peace Pit Lane, Deighton.                                                                                      To construct Works Nos. 6 and 7 or either of them, and thereafter for the general purposes of the Board.\nIn the county of Leicestershire—Borough of Melton—  1, 2                                  The unnamed road between Asfordby Road (A.6006) and Asfordby.                                                                     To construct Work No. 12.\n                                                    5                                     The unnamed road forming the western continuation of Sysonby Grange Lane and serving the Melton Mowbray Water Reclamation Works.  To construct Work No. 12 and thereafter for the general purposes of the Board.\n                                                    15                                    Leicester Road (A.607).                                                                                                           To construct Work No. 12.\nIn the county of Nottinghamshire—\nDistrict of Bassetlaw—\nParish of Saundby—                                  1                                     The Flood Road (A.631).                                                                                                           To execute the specified works as defined in section 23 (Interpretation of Part III) of this Act.\nParish of Bole—                                     1\nIn the county of Essex—\nDistrict of Braintree—                              1                                     Station Approach.                                                                                                                 To link Station Approach with the new private road mentioned in section 13\n\n\nPart [Section 29.] IIITemporary working sites\n1 In this Part of this Schedule—\n  * “the designated lands” means any of the lands shown on the deposited plans within a line marked “Limit of temporary working site” which are required by the Board for use as working sites in connection with the relevant works;\n  * “the Langley land” means the land numbered on the deposited plans 18 in the borough of Slough; and\n  * “the relevant works” means Works Nos. 12, 13 and 13A and the specified works as defined in section 23 (Interpretation of Part III) of this Act.\n2 The Board, in connection with the construction of Works Nos. 2, 2B and 4, or any of them, may establish and maintain a temporary working site on the Langley land.\n3 The Board, in connection with the construction of the relevant works and after giving to the owners and occupiers of the designated lands not less than 28 days' previous notice in writing, may—\n(a) enter upon and take possession temporarily of the designated lands;\n(b) construct on the designated lands such temporary works or structures as may be required by them; and\n(c) remove any structures and vegetation on the designated lands.\n4 The Board shall not, by reason of the exercise of the powers of paragraph 3 above, be required to purchase any part of the designated lands.\n5 On the exercise of the powers conferred by this Part of this Schedule, the following provisions shall have effect:—\n(1) The Board shall not, without the agreement of the owners and occupiers of the designated lands, remain in possession of any part thereof after a period of one year from the completion of the works for which such possession has been taken:\n(2) Before giving up possession of the designated lands, the Board shall remove all temporary works or structures and restore the designated lands to the reasonable satisfaction of the owners and occupiers thereof:\n(3) The Board shall compensate the owners and occupiers of the designated lands for any loss or damage which may result to them by reason of the exercise of the powers of this Part:\n(4) Nothing in this Part shall relieve the Board from liability to compensate under section 6 or 43 of the Act of 1845 or section 10(2) of the Act of 1965, as incorporated with or applied by this 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 sub-paragraph (3) above:\n(5) Any dispute as to a person’s entitlement to compensation under sub-paragraph (3) above or as to the amount thereof shall be determined by the tribunal.\nSection 27.\n\nSCHEDULE 3 Modification of part I of Compulsory Purchase Act 1965for purchase of new rights\n1 In the [1965 c. 56.] Compulsory Purchase Act 1965 (hereafter in this Schedule referred to as “the Act”) for section 7 (which relates to compensation) there shall be substituted the following:—\n“7(1)In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent (if any) to which the value of the land in or over which the right is purchased is depreciated by the purchase but also the damage, if any, to be sustained by the owner of the land by reason of injurious affection of other land of the owner by the exercise of the right.\n(2) The modifications subject to which subsection (1) of section 44 of the [1973 c. 26.] Land Compensation Act 1973 is to have effect, as applied by subsection (2) of that section to compensation for injurious affection under this section, are that for the words ‘land is acquired or taken’ there shall be substituted ‘a right in or over land is purchased’ and for the words ‘acquired or taken from him’ there shall be substituted ‘in or over which the right is exercisable’.”.\n2 For section 8 of the Act (which relates to cases in which a vendor cannot be required to sell part only of a building or garden) there shall be substituted the following:—\n“8(1)Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right in or over land consisting of a house, building or manufactory or of a park or garden belonging to a house (hereafter in this subsection referred to as “the relevant land”)—\n(a) a question of disputed compensation in respect of the purchase of the right would apart from this section fall to be determined by the Lands Tribunal (hereafter in this section referred to as “the Tribunal”); and\n(b) before the Tribunal has determined that question the person satisfies the Tribunal that he has an interest which he is able and willing to sell in the whole of the relevant land and—\n(i) where that land consists of a house, building or manufactory, that the right cannot be purchased without material detriment to that land; or\n(ii) where that land consists of such a park or garden, that the right cannot be purchased without seriously affecting the amenity or convenience of the house to which that land belongs;\nthe British Railways (No. 2) Act 1992 shall, in relation to that person, cease to authorise the purchase of the right and be deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice shall be deemed to have been served in respect of that interest on such date as the Tribunal directs.\n(2) Any question as to the extent of the land in which the British Railways (No. 2) Act 1992 is deemed to authorise the purchase of an interest by virtue of subsection (1) above shall be determined by the Tribunal.\n(3) Where, in consequence of a determination of the Tribunal that it is satisfied as mentioned in subsection (1) above, the British Railways (No. 2) Act 1992 is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of six weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the acquiring authority to withdraw the notice.\n(4) The modifications subject to which subsection (1) of section 58 of the [1973 c. 26.] Land Compensation Act 1973 is to have effect, as applied by subsection (2) of that section to the duty of the Tribunal in determining whether it is satisfied as mentioned in subsection (1) above, are that at the beginning of paragraphs (a) and (b) there shall be inserted the words ‘a right over’, for the word ‘severance’ there shall be substituted ‘right in or over the whole of the house, building or manufactory or of the house and the park or garden’ and for the words ‘part proposed’ and ‘part is’ there shall be substituted respectively ‘right proposed’ and ‘right is’.”.\n3 The following provisions of the Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interest in the land), namely:—\n  * section 9 (4) (failure of owners to convey);\n  * paragraph 10 (3) of Schedule 1 (owners under incapacity);\n  * paragraph 2 (3) of Schedule 2 (absent and untraced owners); and\n  * paragraphs 2 (3) and 7 (2) of Schedule 4 (common land);\nshall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be purchased compulsorily is vested absolutely in the acquiring authority.\n4 Section 11 of the Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority have served notice to treat in respect of any rights, they have power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on sheriff’s warrant in the event of obstruction) of the Act shall be modified correspondingly.\n5 Section 20 of the Act (compensation for short term tenants) shall apply with the modifications necessary to secure that persons with such interests as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition of the interests but taking into account only the extent (if any) of such interference with such interests as is actually caused, or likely to be caused, by the exercise of the right in question.\n6 Section 22 of the Act (protection of acquiring authority’s possession of land where by inadvertence an interest in the land has not been purchased) shall be so modified as to enable that acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right in question, subject to compliance with that section as respects compensation.\nSection 48.\n\nSCHEDULE 4 Repeals\n\nPart IRepeals in consequence of section 24 of this Act\nChapter                  Short title                                                Extent of repeal\n(1)                      (2)                                                        (3)\n12 & 13 Vict. c. lxxxi.  Manchester, Sheffield, and Lincolnshire Railway Act 1849.  Sections 92 and 97.\n\n\nPart IIRepeals in consequence of section 46 of this Act\nChapter      Short title                          Extent of repeal\n(1)          (2)                                  (3)\n1988 c. xi.  British Railways (London) Act 1988.  In paragraph (b) of section 9 (1) the words “and substitute therefor a new road between points ‘C’, ‘D’, ‘E’ and ‘F’ in the position shown on the deposited plans”, and in paragraph (f) of that subsection the words “and substitute therefor a new road between points ‘W’ and ‘X’ in the position shown on the deposited plans”.","title":""}
{"_id":"text_ukpga_Vict_18-19_131","text":"[14th August 1855]\n\n1 Sale, &c. of premises in respect of which grant of money has been made not to be valid without consent of Secretary of State, &c.\nWhere any grant hath been made or shall hereafter be made out of any sums of money heretofore granted or hereafter to be granted by Parliament for the purposes of education in Great Britain, under the advice of any Committee of the Council on Education to the trustees, managers, or other persons applying on behalf of any school, with the consent of the trustees or persons holding the legal estate thereof, for or towards the purchase of the site, or the erection, enlargement, or repair of the school, or the residence of the master or mistress, or the furnishing such school or residence, no sale, exchange, or mortgage of the premises in respect of which such grant hath been or may hereafter be made, in exercise of any power contained in the conveyance or other deed relating thereto, or under any other legal authority, shall be valid unless either the Secretary of State gives his written consent . . . , or the amount of the grant which shall have been made as aforesaid shall be repaid to the Treasury; and whenever any grant as aforesaid shall be hereafter made, a memorandum, to be signed by one of the Lords Commissioners of the Treasury shall be endorsed upon some one of the title deeds relating to the school, certifying to the fact of the grant having been made upon such application, and for some such purpose as aforesaid, and referring to this Act; and in any case in which any grant as aforesaid shall have been already made, so soon as such memorandum shall have been endorsed and signed on any such deed, all bonds, covenants, or other personal obligations, heretofore given or entered into to prevent the exercise of any such power of sale, exchange, or mortgage without such consent as aforesaid, shall, so far as they relate to such exercise, but no further, be annulled.\n\n2 Purchasers not to be affected without notice.\nNothing herein contained shall affect any purchaser for a valuable consideration without notice, nor be deemed to apply to any school in respect of any such grant heretofore made without any such bond, covenant, or other personal obligations, or conditions as to sale, exchange, or mortgage, having been entered into by the trustees or persons holding the legal estate in such schools and the Committee of Council on Education.","title":""}
{"_id":"text_ukpga_1993_24","text":"[20th July 1993]\nBE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—\n\n1 Titles to be assigned to video works for identification purposes.\n(1) In subsection (1) of section 4 of the Video Recordings Act 1984 (arrangements for classification of video works), in paragraph (b) before sub-paragraph (i) there shall be inserted the following sub-paragraph—\n“(ia)for assigning a unique title to each video work in respect of which a classification certificate is to be issued”.\n(2) In paragraph (c) of that subsection the words from “including” to the end shall be omitted and after that subsection there shall be inserted the following subsections—\n“(1A)A title assigned to a video work under subsection (1)(b)(ia) above shall consist of—\n(a) the title under which the video work was determined to be suitable for the issue of a classification certificate; and\n(b) a registration number (which may contain letters and other symbols as well as figures).\n(1B) The record maintained under subsection (1)(c) above shall include, in relation to each video work in respect of which a classification certificate has been issued, a video recording which—\n(a) contains the video work; and\n(b) shows, or shows on its spool, case or other thing on or in which the recording is kept—\n(i) the title assigned to the video work under subsection (1)(b)(ia) above; and\n(ii) the determination or determinations made in respect of the video work.”\n(3) In subsection (2) of section 7 of that Act (contents of classification certificate), after the words “must contain” there shall be inserted “ the title assigned to the video work in accordance with section 4(1)(b)(ia) of this Act and. ”\n\n2 General defence to offences under the 1984 Act.\nAfter section 14 of the Video Recordings Act 1984 there shall be inserted the following section—\n\n“14A General defence to offences under this Act.\nWithout prejudice to any defence specified in the preceding provisions of this Act in relation to a particular offence, it is a defence to a charge of committing any offence under this Act to prove—\n(a) that the commission of the offence was due to the act or default of a person other than the accused, and\n(b) that the accused took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by any person under his control.”\n\n3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n4 Extension of procedure for evidence by certificate.\nIn section 19 of the Video Recordings Act 1984 (evidence by certificate) after subsection (3) there shall be inserted the following subsections—\n“(3A)In any proceedings in England and Wales or Northern Ireland for an offence under this Act, a certificate purporting to be signed by a person authorised in that behalf by the Secretary of State and stating—\n(a) that he has examined the record maintained in pursuance of arrangements made by the designated authority, and\n(b) that the record shows that, on the date specified in the certificate, no classification certificate had been issued in respect of a video work having a particular title,\nshall be admissible as evidence of the fact that, on that date, no classification certificate had been issued in respect of a work of that title.\n(3B) In any proceedings in England and Wales or Northern Ireland for an offence under this Act, a certificate purporting to be signed by a person authorised in that behalf by the Secretary of State and stating—\n(a) that he has examined the record maintained in pursuance of arrangements made by the designated authority, and\n(b) that the record shows that, on the date specified in the certificate under this subsection, a classification certificate was issued in respect of a video work having a particular title and that a document identified by the certificate under this subsection is a copy of the classification certificate so issued,\nshall be admissible as evidence of the fact that, on that date, a classification certificate in terms of the document so identified was issued in respect of a work of that title.”\n\n5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n6 Short title, commencement and extent.\n(1) This Act may be cited as the Video Recordings Act 1993.\n(2) This Act shall come into force at the end of the period of two months beginning with the day on which it is passed.\n(3) Section 5 above extends to Scotland only.\n(4) This Act (apart from section 5) extends to Northern Ireland.","title":""}
{"_id":"text_apni_1966_15","text":"[24th May 1966]\n\nPART IFRESH HORTICULTURAL PRODUCE\n\nGrading of produce\n\n1 Power to prescribe grades of produce.\n(1) The Ministry of Agriculture (in this Act referred to as “the Ministry” ) may in relation to any description of fresh horticultural produce by regulations designate and define grades of quality, and prescribe for each grade the form of a label for indicating that produce in connection with which the label is used falls within that grade.\n(2) Regulations under subsection (1) may provide that a label recognised under the law of any country outside Northern Ireland as indicating that produce in connection with which it is used is of a quality not inferior to that required for a grade defined under that subsection shall be treated for the purposes of this Part as if it were in the form so prescribed for that grade.\n[(3)Regulations under subsection (1) above shall not apply to produce of any description for the time being subject to Community grading rules; but in relation to any such produce the Ministry may by regulations—\n(a) make additional provision as to the form of any label required for the purpose of those rules or as to the inclusion in any such label of additional particulars (not affecting the grading of the produce);\n(b) provide for the application, subject to any modification specified in the regulations, of all or any of the following provisions of this Part of this Act as if the produce were regulated fresh produce and as if the standards of quality established by those rules were prescribed grades.]\n\n2 Duties as to grading.\n(1) Except in such circumstances as are mentioned in subsection (2), a person shall not sell any fresh horticultural produce of a description in relation to which grades of quality are designated and defined under section 1(1) (in this Part referred to as “regulated fresh produce” ) unless the produce falls within a defined grade and is packed in a package to which is affixed a label in the form prescribed for that or any lower grade or, if not packed in a package, has affixed to it such a label.\n(2) The circumstances referred to in subsection (1) are as follows:—\n(a) a sale of the produce in the ordinary course of a retail business, where on any occasion the total quantity of such produce of any description which is the subject of the sale does not exceed (whether by reference to weight or to number or both) such quantity as may be prescribed for produce of that description;\n(b) a sale where the produce is to be used by the buyer in manufacturing or producing any commodity for sale or other disposal by him;\n(c) a direct sale by the producer of any produce to a person (other than a retailer or a person who buys the produce for use in manufacturing or producing any commodity for sale or other disposal by him) who gives the producer an undertaking in writing—\n(i) that before any sale by him of any of the produce, not being a sale such as is mentioned in paragraph ( b), the produce will be sorted into the defined grades and any produce the quality of which is inferior to that required for the lowest defined grade will be separated from other produce; and\n(ii) that on any sale by him of any of the produce falling within a defined grade, not being a sale such as is mentioned in paragraph ( b), the produce will be packed in a package to which is affixed a label in the form prescribed for that or any lower grade or, if not packed in a package, will have affixed to it such a label.\n(3) The Ministry may by order provide that subsection (2) shall have effect, in relation to such sales as are described in the order, as if paragraph ( b) thereof, and any reference to that paragraph in paragraph ( c) thereof, were omitted.\n(4) In subsection (2)( c) “direct sale” means a sale where negotiations on behalf of the vendor are not conducted by any agent other than a person employed by him under a contract of service.\n\n3 Offences in connection with grading.\n(1) A person shall be guilty of an offence if he sells any regulated fresh produce in contravention of section 2 or, with intent to sell any such produce in circumstances such that the sale would contravene that section, he—\n(a) offers or exposes the produce for sale, or\n(b) not being the producer thereof, has the produce in his possession for sale, or\n(c) being the producer thereof, consigns the produce for sale.\n(2) A person shall be guilty of an offence if, on behalf of the owner of any regulated fresh produce,—\n(a) he carries out a sale of the produce in circumstances such that the sale contravenes section 2, or\n(b) with intent to carry out a sale of the produce in such circumstances, he offers or exposes it for sale or has it in his possession for sale.\n(3) A person shall be guilty of an offence if, having given an undertaking such as is mentioned in section 2(2)( c), he fails to comply with the undertaking.\n(4) A person shall be guilty of an offence if he represents, whether by affixing an incorrect label to a package containing any regulated fresh produce or in any other manner, that regulated fresh produce the quality of which is inferior to that required for a prescribed grade falls within that grade.\n[(5)A person shall be guilty of an offence if he sells, offers for sale, delivers, or markets in any other manner any regulated fresh produce in contravention of Community grading rules or with intent to sell, offer for sale, deliver, or market in circumstances that the sale, offer for sale, delivery or marketing would contravene those rules, he—\n(a) offers or exposes the produce for sale; or\n(b) not being the producer thereof, has the produce in his possession for sale; or\n(c) being the producer thereof consigns the produce for sale.\n(6) A person shall be guilty of an offence if, on behalf of the owner of any regulated fresh produce—\n(a) he sells, offers for sale, delivers or markets regulated fresh produce in circumstances such that the sale, offer for sale, delivery or marketing contravenes Community grading rules; or\n(b) with intent to sell, offer for sale, deliver or market regulated fresh produce in such circumstances he offers or exposes it for sale or has it in his possession for sale.\n(7) A person shall be guilty of an offence if having given an undertaking or having been responsible for the giving of an undertaking on his behalf by another person as to any resorting, regrading or relabelling of regulated fresh produce found not to conform to Community grading rules he fails to comply with the undertaking.\n(8) A person shall be guilty of an offence if he offers regulated fresh produce of a description included in Chapter 6 of the Common Customs Tariff of the European Communities, as amended or replaced from time to time, for which there is a prescribed grade and in relation to which a price has been quoted in any advertisement, catalogue or price list without giving particulars required by Community grading rules relating thereto.\n(9) A person shall be guilty of an offence if he despatches any consignment of regulated fresh produce weighing 4 metric tons or more from one despatching area as specified from time to time in Community grading rules, to another such despatching area or exports any consignment of regulated fresh produce to any place outside the European Economic Community without any certificate accompanying the produce as required by Community grading rules.\n(10) A person shall be guilty of an offence if he knowingly gives in relation to regulated fresh produce whether by affixing an incorrect label or in any other manner a description of the produce which does not comply with the requirements of Community grading rules.\n(11) A person shall be guilty of an offence if he fails to make any request for inspection or give any notice or information required by Community grading rules.]\n\n4 Penalty for act or default leading to commission of offence by another.\nWhere a contravention of a provision of this Part for which a person is liable to be convicted of an offence under [ section 3(1)(2)(3)(5) or (6)] was due to an act or default of another person, then, whether proceedings are taken against the first-mentioned person or not, that other person may be charged with and convicted of the offence, and shall on conviction be liable to any punishment (whether by way of fine or imprisonment or both) which does not exceed the maximum punishment to which the first-mentioned person would, on conviction, be liable.\n\n5 Pleading of warranty as defence.\n(1) Subject to the provisions of this section, where in proceedings for an offence in relation to any produce under [ section 3(1)(2)(5) or (6)] it would have been a defence for the person charged to prove that the produce conformed to a prescribed grade, it shall be a defence for him to prove—\n(a) that he brought or took delivery of the produce as being of a quality falling within that grade, and with a written warranty to that effect; and\n(b) that at the time of the commission of the offence he had no reason to believe the statement contained in the warranty to be inaccurate, that he then did believe in its accuracy and that he had taken such steps, if any, as were reasonably practicable to check its accuracy; and\n(c) that he took all reasonable steps to ensure that the quality of the produce was the same at the time of the commission of the offence as when it left the possession of the person from whom the warranty was received.\n(2) Where the proceedings are in respect of an offence committed by the person charged in the course of his employment, it shall be a defence for him to prove—\n(a) that if his employer had been charged the employer would have had a defence under subsection (1) in respect of a warranty; and\n(b) that at the time of the commission of the offence the person charged had no reason to believe the statement contained in the warranty to be inaccurate.\n(3) Where the person charged intends to set up a defence under this section he shall, not later than three days before the date of the hearing,—\n(a) send to the prosecutor a copy of the warranty with a notice stating that he intends to rely on it and specifying the name and address of the person by whom it is alleged to have been given; and\n(b) send to the last-mentioned person a notice giving the date and place of the hearing and stating that he intends to rely on the warranty.\n(4) The person by whom the warranty is alleged to have been given shall be entitled to appear at the hearing and give evidence.\n(5) If the person charged in any such proceedings as aforesaid wilfully attributes to any produce a warranty given in relation to any goods not including that produce, he shall be guilty of an offence.\n[(6)For the purposes of this section any grade or standard of quality entered in an invoice or certificate relating to any produce or indicated by a label affixed to the produce or a package or freight container containing the produce shall be deemed to be a written warranty that the produce conforms to the standard of quality so entered or indicated.]\n\n6 Pleading of mistake, act of third party, etc., as defence.\nIn proceedings for any offence under section 3 in respect of any produce it shall be a defence for the person charged to prove—\n(a) that the commission of the offence was due to the act or default of some other person, or to a mistake, or to an accident or some other cause beyond his control; and\n(b) that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence in respect of that produce by himself or any person under his control.\n\nPacking and transport of produce\n\n7 Power to require use of prescribed packages, etc.\n(1) With a view to reducing the risk of deterioration of or damage to produce while in transit or promoting efficiency in the transport and handling of produce, the Ministry may make regulations imposing a duty on any person consigning fresh horticultural produce in circumstances other than the circumstances mentioned in subsection (3) to secure that such packages, pallets and other articles as may be prescribed by the regulations are used for the transport of the produce.\n(2) The Ministry may make regulations directing that fresh horticultural produce of any description shall not be—\n(a) sold; or\n(b) offered or exposed for sale;\nin packages, in circumstances other than the circumstances mentioned in subsection (3), except subject to such conditions as may be prescribed with respect to—\n(i) the types, sizes, capacity and specifications of the packages;\n(ii) the quantity of produce which may be, or is required to be, packed therein;\n(iii) the manner in which the produce is to be packed, and the types and specifications of any packing material.\n(3) The circumstances referred to in subsections (1) and (2) are, respectively,—\n(a) the consigning of the produce for delivery after—\n(i) a sale by retail; or\n(ii) a sale where the produce is to be used by the buyer in manufacturing or producing any commodity for sale or other disposal by him; and\n(b) the sale or the offering or exposing for sale of the produce in such a case as is mentioned in sub-paragraph (i) or (ii) of paragraph ( a).\n[(c)the sale or offering for sale of produce subject to Community grading rules.]\n(4) If any person contravenes a regulation made under this section he shall be guilty of an offence.\n\n8 Provisions as to sale of produce in packages.\n(1) All fresh horticultural produce sold or offered or exposed for sale, by wholesale or retail, in a package shall be packed in such a manner that any of the produce which is exposed to view, or which would be exposed to view if the package were opened in the ordinary manner, fairly represents in size, maturity, condition and variety the entire contents of the package.\n(2) Any person who, in such a manner as to contravene this section, either sells any fresh horticultural produce or offers or exposes any such produce for sale shall be guilty of an offence.\n\nInterpretation\n\n9 Interpretation of Part I.\nIn this Part—\n  * “defined grade”, in relation to regulated fresh produce of any description, means a grade of quality designated and defined in relation to produce of that description under section 1(1);\n  * “fresh horticultural produce” means—\n    (a) fruit, vegetables, herbs, nuts and edible fungi, whether freshly-gathered or stored or taken from store, but not including potatoes or hops or any dried, frozen, bottled, canned or preserved produce;\n    (b) cut flowers and decorative foliage;\n    (c) pot plants, bedding plants and herbaceous plants;\n    (d) shrubs and flowering trees;\n    (e) fruit trees, fruit bushes and fruit plants; and\n    (f) bulbs, corms and tubers;\n  * “regulated fresh produce” has the meaning assigned to it by section 2(1).\n\nPART IIHORTICULTURAL PRODUCE PROCESSED IN NORTHERN IRELAND\n\n10 Produce to which Part II applies.\nThis Part applies to the following horticultural produce, that is to say, fruit, vegetables and edible fungi, whether freshly-gathered or stored or taken from store or dried, frozen, bottled, canned or preserved.\nSs. 11‐14 rep. by 1996 NI 11\n\n15 Power of Ministry to undertake research, and to provide advice, etc.\n(1) The subjects with respect to which the Ministry may, under section 5(4) of the Agriculture Act (Northern Ireland) 1949 , either itself undertake research or make advances to a person or body undertaking research, shall include matters relating to the processing of horticultural produce.\n(2) The Ministry may—\n(a) generally, provide for persons carrying on or proposing to carry on a business involving the processing of horticultural produce, or the packing or transporting of processed horticultural produce, advice in relation to any of those matters; and\n(b) in particular, in relation to any of the matters referred to in paragraph ( a), with the approval of the Ministry of Finance,—\n(i) arrange lectures, classes and displays (including demonstrations of working exhibits and instructional apparatus); and\n(ii) make schemes providing for the payment by the Ministry of sums by way of scholarships for the purposes of enabling or assisting persons to secure instruction or to undertake research in any subject or course of subjects specified in the schemes.\n\n16 Meaning of “processing” in relation to horticultural produce.\nFor the purposes of this Part “processing” in relation to horticultural produce means subjecting such produce to any, or any combination, of the following processes—\n(a) a process of peeling, trimming, washing or other preparation for canning, bottling, drying or freezing;\n(b) a process of filling into containers or closing containers, being, in either case, a process used in association with any process such as is referred to in paragraph ( c), ( d) or ( e);\n(c) a process of treatment by heat, chemicals, irradiation or any other means of cooking or sterilising, whether before, during or after filling into containers;\n(d) a process of drying;\n(e) a process of freezing;\nbut does not include any such process conducted by a person carrying on the business of manufacturing jam, marmalade or jelly preserves in so far only as it relates to the purposes of such a business.\n\nPart III (ss. 17—23) rep. by 1996 NI 11\n\nPART IVSUPPLEMENTAL\n\nAuthorised officers, etc.\n\n24 Power to enter premises, etc., and examine horticultural produce.\n(1) Any person authorised by the Ministry in writing to exercise functions under this Act (in this Act referred to as an “authorised officer” ) shall for the purposes of this Act have power (on production, if demanded, of his authority to act as such officer)—\n(a) to enter, at any reasonable time, any premises (other than a building used only as a private dwelling-house) or any place which he has reasonable cause to believe to be premises or, as the case may be, a place where horticultural produce is grown for sale, graded, processed or packed, or on which horticultural produce intended for sale is to be found;\n(b) to enter, at any reasonable time, the premises of, or used by, any person engaged in the business of carrying goods for reward, any pier, quay, wharf, jetty, dock, dock premises or aerodrome and any ship, boat, aircraft, railway wagon, motor lorry, cart or other vessel or vehicle used for the conveyance of goods, and to open, for the purpose of inspection, any package of horticultural produce which may be found in or upon any premises, place, vessel, vehicle or aircraft which he is entitled to enter under this paragraph;\n(c) to inspect and, without payment, take reasonable samples of any horticultural produce found in or upon any such premises, place, vessel, aircraft or vehicle and to seize and detain any label, package or container used in connection with such produce.\n(2) An authorised officer entering any premises, place, vessel, aircraft or vehicle by virtue of this section may take with him such other persons and such equipment as may appear to him necessary.\n(3) If any authorised offiicer or other person who enters any premises by virtue of this section discloses to any person any information obtained by him in the premises with regard to any manufacturing process or trade secret, he shall, unless the disclosure was made in the performance of his duty, be guilty of an offence.\n\n25 Power to give directions as to horticultural produce in transit.\n(1) Where an inspection of horticultural produce of any description is made under this Act whilst the produce is in transit and an authorised officer is satisfied that the produce does not conform to any standard of quality prescribed under this Act for produce of that description, or is not graded, packed and labelled in the manner so prescribed, the Ministry or the authorised officer may direct that the produce shall be returned to the consignor at the place from which it was consigned or, if the Ministry or the authorised officer approves, at such other place within Northern Ireland as the consignor may elect, and thereupon the carrier or the consignor, as the case may require, shall, at the expense of the consignor, proceed to execute such direction with all reasonable speed.\n(2) Nothing in this section shall be construed as authorising anything to be done to the prejudice of any powers of a carrier to secure payment of freight charges in respect of any consignment carried by him.\n\n26 Power of authorised officer to regrade produce.\nWhere, in or upon any premises, place, vessel, aircraft or vehicle which he has a right to enter under section 24, an authorised officer finds any horticultural produce, being produce of a description for which grades of quality are defined under any provision of this Act,—\n[(a)which has affixed to it a label or which is accompanied by a certificate which is in the form prescribed for any produce under section 1. . . , for any grade designated or defined under section 1. . . as the case may be or is in a container or package or freight container to which such a label is affixed or which is accompanied by a certificate, but\n(b) which he has reasonable cause to believe to be of a quality inferior to the quality required for that grade,\nhe may—\n(i) in such manner as may be prescribed, cancel that label or certificate and affix to the produce or to the container or package or freight container a label in such form as may be prescribed, indicating what appears to him to be the correct grade or, where it appears to him that the quality of the produce is inferior to that required for the lowest grade defined for produce of that description indicating that fact; or]\n(ii) require any person who has custody or possession of the produce, or authorise any other person, to do in the like manner anything referred to in paragraph (i).\n\n27 Offences.\n(1) A person shall be guilty of an offence if—\n(a) he wilfully obstructs or impedes an authorised officer or a constable acting under this Act; or\n(b) without reasonable cause he fails to give to any authorised officer or any constable acting as aforesaid any assistance or information which the authorised officer or constable (as the case may be) may reasonably require of him for the purposes of the performance by the authorised officer or constable of his functions under this Act.\n(2) A person shall be guilty of an offence if, in giving to an authorised officer or a constable any such information as is mentioned in subsection (1), he knowingly or recklessly gives any information which is false in a material particular.\n[(3)A person shall be guilty of an offence if—\n(a) without lawful authority he affixes to a container or package or freight container containing any horticultural produce, or to the produce itself, or to the certificate accompanying the produce a label in the form prescribed for the purposes of section 26 or for the purposes of any corresponding provision of an enactment of the Parliament of the United Kingdom for the time being in force; or\n(b) having been lawfully required, in pursuance of section 26, to affix to any container or package, or freight container or produce or to the produce itself, or to the certificate accompanying the produce such as is described in paragraph ( a) any label in the form prescribed for the purposes of section 26, he fails to do so within any reasonable period of time specified to him by the person issuing the requirement, or, having been so required or in like manner authorised to so affix such label, he does so otherwise than in accordance with the terms of the requirement or authorisation; or\n(c) where under section 26 or any such corresponding provision as is mentioned in paragraph ( a) a label has been affixed to a container or package or freight container containing any fresh horticultural produce, or to the produce itself or to the certificate accompanying such produce, he with intent to deceive, removes, alters, defaces or conceals the label.]\n(4) Nothing in this section shall be construed as requiring a person to answer any question or give any information (other than his name and address) if to do so might incriminate him.\nSs. 28‐30 rep. by 1996 NI 11\n\nLegal proceedings\n\n31 Punishment of offences under this Act.\n(1) A person guilty of an offence under. . . section 27(1). . . ,. . . shall be liable on summary conviction to a fine not exceeding level 2 on standard scale.\n(2) A person guilty of an offence under any of the provisions of this Act, other than the provisions mentioned in subsection (1), shall be liable on summary conviction. . . , to a fine not exceeding £1,000, or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment.\n\n32 Prosecution of offences.\n(1) No proceedings for an offence under any of the provisions of this Act may be instituted except—\n(a) by the Ministry; or\n(b) by, or with the consent of, the Attorney-General.\n(2) Subsection (1) shall not operate so as to affect a prosecution for an offence committed by an authorised officer or other officer of the Ministry.\n\nGeneral\n\n33 Regulations and orders.\n(1) All regulations made under this Act, and any orders made under section 2(3), shall be subject to negative resolution.\n(2) Before making any regulations under this Act the Ministry shall consult with such organisations as appear to the Ministry to be representative of interests affected by the regulations.\n(3) Before making any regulations under this Act, in a case where the regulations relate to matters which may be dealt with by regulations made under the Food Safety (Northern Ireland) Order 1991, the Ministry shall consult with the Ministry of Health and Social Services.\nS.34 rep. by SLR 1976\n\n35 Interpretation.\n(1) In this Act—\n  * “authorised officer” has the meaning assigned to it by section 24(1);\n  * [ “Community grading rules” means any directly applicable Community provisions establishing standards of quality for fresh horticultural produce;]\n  * [ “certificate” includes any document other than a label which accompanies any produce and which contains information relating to the standard of quality to which it refers;\n  * “standards of quality” means in relation to produce a common standard imposed by Community grading rules relating to quality, size and packaging;\n  * “freight container” means any returnable container especially designed for the carriage of freight in transport.]\n  * “container” means a can, bottle, carton or other vessel or receptacle used in the processing of horticultural produce or in which processed horticultural produce is packed;\n  * “label” includes any device for conveying information by written characters or other symbols, and any characters or symbols stamped or otherwise placed directly on to a package or container or, as the case may be, the produce, and references to the affixing of a label shall be construed accordingly;\n  * “the Ministry” has the meaning assigned to it by section 1(1);\n  * “package” includes any wrapper, bag, basket, pail, punnet, tray, case, carton, parcel, cask, box, crate or other receptacle;\n  * “premises” includes any stall;\n  * “prescribed” means prescribed by regulations made by the Ministry;\n  * “processed horticultural produce” means horticultural produce to which Part II applies which has been processed (within the meaning of that Part) in Northern Ireland.\n(2) In sections 24 to 27 “horticultural produce” means produce being—\n(a) regulated fresh produce within the meaning of Part I;\nParas. (b), (c) rep. by 1996 NI 11\n\n36 Savings.\nNothing in this Act shall affect the operation of—\n(a) the Plant Health Act (Northern Ireland) 1967; or\n(b) the Food Safety (Northern Ireland) Order 1991.\nS. 37 rep. by 1996 NI 11\n\n38 Short title and commencement.\n(1) This Act may be cited as the Horticulture Act (Northern Ireland) 1966.\n(2) Commencement\n\nSchedule rep. by 1996 NI 11","title":""}
{"_id":"text_apni_1953_21","text":"[7th July 1953]\n\n1 Licensing of slaughter-houses.\n(1) The Ministry of Agriculture (in this Act referred to as “the Ministry”) may issue licences in respect of slaughter-houses, subject to such conditions as may be prescribed including (but without prejudice to the generality of the foregoing words) conditions as to the kind or kinds of animal which may be slaughtered in any slaughter-house.\n(2) An application for a licence under this section (in this Act referred to as a “licence”) shall be in such form as may be prescribed.\n(3) The Ministry, on receiving an application for a licence—\n[(a)shall, before issuing the licence, consult the district council for the district in which are situated the premises in respect of which the application is made];\n(b) may before issuing the licence cause an inspection to be made by an authorised officer of the premises, plant and equipment proposed to be used for the purposes of the slaughter-house in respect of which the application is made.\n(4) An application duly made for the issue of a licence may be refused on the ground that—\n(a) the applicant was at any time a licence-holder whose licence has been revoked either by the Ministry under this Act or by a court of summary jurisdiction under any other enactment;\n(b) the slaughter-house of the applicant is one in respect of which a licence previously subsisted and has been revoked either by the Ministry or by a court as aforesaid;\n(c) the premises used, or proposed to be used, for the purposes of the slaughter-house of the applicant are wholly or partly the same as those used for the purposes of a slaughter-house in respect of which a licence previously subsisted and has been revoked either by the Ministry or by a court as aforesaid;\n(d) the applicant is a person who has been convicted of an offence against this Act or any other enactment relating to the regulation of slaughter-houses;\n(e) the Ministry is not satisfied that the premises, plant and equipment used for the purposes of the slaughter-house of the applicant comply or, regard being had to any alterations or additions which it is proposed to make respecting the premises or the buildings or plant thereon or the equipment thereof, will be made to comply, with such requirements as shall be prescribed; or\nPara. (f) rep. by 1984 NI 2\nand, subject to the last preceding sub-section, shall not be refused on any other ground.\n(5) A licence shall be in such form as may be prescribed, and shall contain a statement specifying the name and address of the licence-holder and particulars of the premises used for the purposes of the slaughter-house in respect of which it is issued.\n(6) A licence shall continue in force until it is revoked or suspended either under section three of this Act or by a court of summary jurisdiction under any other enactment, or is surrendered by the licence-holder.\n(7) Subject to the succeeding sub-section, it shall not be lawful for any person to slaughter or cause or permit to be slaughtered for human consumption an animal of any kind except in a slaughter-house duly licensed under this section for the slaughter of animals of that kind, or operated by the Ministry under section eight of this Act.\n(8) The Ministry may by order exempt from the provisions of the last preceding sub-section—\n(a) the slaughter in any part of Northern Ireland designated in the order of pigs for sale to a person who is a licensed bacon-curer within the meaning of the Agricultural Produce (Meat Regulation) Act (Northern Ireland), 1930 [1930 c.23] ;\n(b) the slaughter on farms in any part of Northern Ireland designated in the order of animals, the property of the owner or occupier of the farm on which they are slaughtered, for the purpose of their being consumed in the household of such owner or occupier;\n(c) the slaughter of any animal under or by virtue of the Diseases of Animals (Northern Ireland) Order 1981; or\n(d) the slaughter of animals whose immediate slaughter becomes necessary or expedient by reason of injury or by reason of infirmity other than disease within the meaning of the Diseases of Animals (Northern Ireland) Order 1981;\nand any exemption under this sub-section shall be subject to such conditions as may be specified in the order; and any such order may be varied or revoked by a subsequent order. Every order made under this sub-section shall be published forthwith in the Belfast Gazette.\n\n2 Register of licensed slaughter-houses.\n(1) The Ministry shall for the purposes of this Act cause to be kept a register and in respect of every licence issued shall cause to be entered in that register—\n(a) the full name, address and description of the licence-holder;\n(b) particulars of the premises used for the purposes of the slaughter-house in respect of which the licence is issued;\n(c) such other particulars as may from time to time be determined by the Ministry.\nSubs. (2) rep. by 1962 c. 13 (NI)\n\n3 Revocation and suspension of licences.\nThe Ministry may revoke or suspend a licence by reason—\n(a) of the non-compliance of the licence-holder with any condition attached thereto; or\n(b) that the licence-holder has been convicted of an offence against this Act, or under any other enactment relating to the regulation of slaughter-houses.\n\n4 Appeals.\nThe Ministry where it revokes or suspends a licence shall by means of a registered letter notify its decision to the licence-holder concerned, who may within twenty-eight days of the posting of such letter serve on the Ministry in accordance with county court rules a notice of appeal to quarter sessions against such decision; and such appeal shall be heard and determined by the court of quarter sessions for the district in which the premises are situate in respect of which the licence was issued… .\n\n5 Records and returns.\n(1) Licence-holders shall keep such records and shall furnish to the Ministry in the prescribed manner and at the prescribed times such returns as may be prescribed. Any such records shall be open to inspection at all reasonable times by an authorised officer.\n(2) No individual return or part of a return furnished under this section shall be published or disclosed except [ to a Department of the Government of Northern Ireland or of the United Kingdom or] for the purposes of a prosecution under this Act.\n\n[5ADuty to slaughter animals in slaughter-houses at request of retailers of meat.\n(1) A district council which manages or has under its control a slaughter-house and any other person operating a commercial slaughter-house shall, at the request of any person carrying on the business of selling meat by retail for human consumption in Northern Ireland, slaughter any animal presented to it or him for slaughter for the purposes of that business, being an animal of a kind which may be slaughtered in that slaughter-house.\n(2) An animal so slaughtered in a commercial slaughter-house shall be slaughtered upon such terms and conditions as shall be determined by the Department and an animal so slaughtered in a slaughter-house managed or under the control of a district council shall be slaughtered in accordance with the bye-laws applying to that slaughter-house.\n(3) In this section “commercial slaughter-house” means a slaughter-house which is not managed by or under the control of a district council.\n(4) A district council or other person who fails to comply with the provisions of subsection (1) shall be guilty of an offence under this Act.]\n\n6 Enforcement.\n(1) An authorised officer shall, without prejudice to any other provision of this Act, have power—\n(a) to enter at all reasonable times any premises owned or occupied for the purpose of his slaughter-house by or on behalf of a licence-holder, and to inspect any process, plant, equipment or appliance used in or in connection with that slaughter-house, or any animal, meat, offals or any other substance or thing being in his possession for the purpose of that slaughter-house;\n(b) to take for the purpose of expert examination samples of meat or offals found in his possession for the purpose of his slaughter-house.\n(2) If the Ministry has reason to believe that, in contravention of sub-section (7) of section one of this Act, any animal has been or is about to be slaughtered in or at any premises or place, the Ministry may specially authorise any of its officers to enter such premises or place, and an officer so authorised shall have the like powers of entry, inspection and taking samples as are conferred on an authorised officer by the preceding sub-section.\n(3) An authorised officer exercising any power conferred on him by or under this Act shall produce his authority if so requested by or on behalf of the owner or occupier of the premises wherein, or in relation to which, he is exercising or is about to exercise such power.\n(4) Any person who—\n(a) obstructs or impedes an authorised officer in the exercise of any power conferred on him by this Act;\n(b) fraudulently alters or uses, or causes or permits to be fraudulently altered or used, any licence or other document issued or granted under or by virtue of this Act;\n(c) being a licence-holder, makes any false or fraudulent statement in any record kept by him under or by virtue of this Act;\n(d) acts in contravention of or neglects or fails to comply with any provision of this Act or of any regulation made thereunder;\nshall be guilty of an offence against this Act.\n(5) A person guilty of an offence against this Act shall on summary conviction thereof be liable... to a fine not exceeding level 4 on the standard scale; and where any such offence is continued after conviction, to a further fine of [ £25] for each day during which the offence is continued.\n(6) Subject to the provisions of section two hundred and sixty-four of the Public Health (Ireland) Act, 1878 [1878 c.52] , where an offence against this Act was committed by a body corporate and is proved to have been so committed with the consent or approval, or to have been facilitated by any neglect or default on the part, of any director, manager, secretary or other officer thereof, such director, manager, secretary or other officer shall be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly.\n(7) All offences against this Act shall be prosecuted, and all fines in respect thereof shall be recovered, in manner provided by the Summary Jurisdiction Acts (Northern Ireland).\n(8) A prosecution for an offence against this Act shall not be instituted otherwise than by or with the consent of the Attorney-General or the Ministry, except—\n(a) a prosecution for an offence committed by an officer of the Ministry;\n(b) a prosecution by a local authority for an offence against this Act which is also an offence against any enactment relating to the sale of food or the public health and enforceable by such authority:\nProvided that this sub-section shall not be construed as rendering any person liable to be punished more than once for any offence.\n\n7 Abolition of certain functions of local authorities.\n(1) Local authorities shall cease to have any functions in relation to the licensing of premises for use as slaughter-houses or to the registering of slaughter-houses.\nSubs. (2), with Pt.I of Second Schedule, effects amendments\n(3) Any provision of any local or private Act inconsistent with the foregoing provisions of this section shall cease to have effect.\n(4) Any regulation, bye-law, order or other instrument which immediately before the commencement of this Act has effect by virtue of any enactment amended by this section shall thereafter have effect as if it had been made after such commencement.\n\n8 Power of Ministry to provide slaughter-house facilities.\n(1) Subject to the next succeeding sub-section, where it appears to the Ministry that it would be in the interests of efficiency or economy or of the development of the livestock industry that a slaughter-house should be provided by the Ministry, the Ministry, notwithstanding anything in any enactment, may, with the approval of the Ministry of Finance, acquire, provide, maintain or operate a slaughter-house in any place or places, and may, in respect of the use of any such slaughter-house by any person, charge such fees as the Ministry of Finance may approve; and any fee so charged shall be recoverable by the Ministry as a civil debt due to it.\n(2) Where a local authority are at the commencement of this Act operating a slaughter-house provided by them, the Ministry if it proposes to exercise within their area its powers under the preceding sub-section, shall give to the local authority written notice of its intention so to do; and if the local authority object to such exercise, the provisions of the First Schedule to this Act shall have effect.\n(3) The Ministry or on its behalf the Ministry of Finance may hold land for the purposes of this section and may dispose of any land so held which ceases to be necessary for those purposes.\nSubs. (4), with Pt.II of Second Schedule, effects amendments\nS. 9 amends s. 9 of 1932 c. 9 (NI)\n\n10 Expenses.\n. . . any sums received by the Ministry under this Act whether by way of fees or in respect of the operation of any slaughter-house under section eight of this Act shall be paid into the Exchequer.\n\n11 Regulations.\n(1) The Ministry may make regulations prescribing anything which under this Act is to or may be prescribed, and anything necessary or expedient for giving full effect to the provisions of this Act.\n(2) All regulations made under this Act shall, as soon as may be after they are made, be laid before each House of Parliament. If either such House within the statutory period next after any such regulations have been so laid resolves that the regulations shall be annulled those regulations shall, after the date of the resolution, be void, but without prejudice to the validity of anything done thereunder or to the making of new regulations.\n\n12 Interpretation.\n(1) In this Act, unless the context otherwise requires, the expression—\n  * “animal” has the same meaning as in the Slaughter of Animals Act (Northern Ireland), 1932 [1932 c.9] ;\n  * “authorised officer” means an officer of the Ministry generally or specially authorised in writing by the Ministry for the purposes of this Act;\n  * “enactment” includes any provision in any Act (whether public general, local or private) of the Parliament of Northern Ireland or of the Parliament of the United Kingdom and a provision in any Order in Council, order, regulation, rule, bye-law, scheme or other instrument made under any such Act;\n  * “exercise”, in relation to functions, includes performance, and grammatical variations of that expression shall be construed accordingly;\n  * “functions” includes powers and duties;\n  * “land” includes buildings, and any right or interest in, to or in respect of land;\n  * “licence-holder” means a person to whom a licence has been issued;\n  * “licensed”, in relation to a slaughter-house, means operated under a subsisting licence;\n  * “local authority” means the council of a county or other borough or a county district;\n  * “Ministry” has the meaning assigned to that expression in sub-section (1) of section one of this Act;\n  * “prescribed” means prescribed by regulations;\n  * “regulations” means regulations made by the Ministry under this Act;\n  * “slaughter-house” has the same meaning as in the Slaughter of Animals Act (Northern Ireland), 1932 [1932 c.9] .\nSubs. (2)(3) rep. by 1954 c. 33 (NI)\n\n13 Short title and citation.\n(1) This Act may be cited as the Slaughter-houses Act (Northern Ireland), 1953, and this Act and the Slaughter of Animals Act (Northern Ireland), 1932, may be cited together as the Slaughter of Animals Acts (Northern Ireland), 1932 and 1953.\nSubs. (2) rep. by SLR 1973\n\nSCHEDULES\nSection 8(2).\n\nFIRST SCHEDULE\n\nPART IProcedure under section 8(2)\n1 The local authority, if they object to the Ministry's proposal, may within one month of the receipt of the notice thereof serve on the Ministry a notice setting forth particulars of their objection.\n2 The Ministry within one month of the service of the notice of objection may serve on the local authority a notice requiring them to provide within the time specified in the notice such slaughter-house facilities as are so specified.\n3 The local authority within one month of the service of the last mentioned notice may serve on the Ministry a notice stating that they undertake to comply with the requirements specified in the Ministry's notice; and thereupon it shall be the duty of the local authority to comply with those requirements. If the local authority fail so to notify the Ministry the Ministry may forthwith proceed to exercise the power conferred on it by sub-section (1) of section eight.\n4 Where the local authority duly serve a notice under the last preceding paragraph and after the expiration of six months therefrom it appears to the Ministry at any time that the authority will be unable to fulfil their undertaking within the required time, the Ministry may serve on the local authority a notice stating that in the opinion of the Ministry they will be unable so to fulfil their undertaking.\n5 The local authority within fourteen days of the service of the last mentioned notice on them may serve on the Ministry a notice disputing the opinion of the Ministry; and if the local authority duly serve such a notice the Ministry shall not proceed to the exercise of its powers under sub-section (1) of section eight until a local inquiry has been held.\n6 If—\n(a) the local authority do not dispute the Ministry's opinion as aforesaid; or\n(b) a local inquiry having been held, the Ministry on consideration of the report of the person who held it is satisfied that the local authority will be unable duly to fulfil their undertaking;\nthe Ministry may make an order transferring to itself all or any premises, buildings or works, whether completed or not, in the possession or occupation or under the control of the local authority for the purposes of the fulfilment of their undertaking, together with any rights or easements in to or over land or water necessary to the full exercise of the powers of the Ministry under sub-section (1) of section eight; and the order may contain such supplemental, incidental or ancillary provisions as appear to the Ministry to be necessary or expedient for the purpose of such exercise.\n7 Where an order is made under the last preceding paragraph the Ministry—\n(a) may proceed to exercise its powers under sub-section (1) of section eight as if no objection to such exercise had been made in the first instance;\n(b) shall pay to the local authority the amount of any expenditure which in the opinion of the Ministry was properly and necessarily incurred by them between the date of their undertaking and the making of the order.\n8 All notices given under the foregoing provisions of this Part shall be in writing and shall be served by registered post.\n\nPART IIProvisions as to Inquiries\n1 The Ministry shall appoint a person to hold the inquiry and report thereon to the Ministry. A person so appointed is in this Part of this Schedule referred to as “the inspector”.\n2 The Ministry may appoint one or more than one person possessing such legal, medical or other professional qualifications as the Ministry thinks appropriate, to assist the inspector.\n3 The Ministry shall, not less than fourteen days before the holding of the inquiry, give public notice, and shall send to the local authority by registered post notice in writing, of the date, hour and place fixed for the holding thereof.\n4 The inspector may by notice require any person—\n(a) to attend at the time and place set forth in the notice to give evidence or to produce any books or documents in his custody or under his control which relate to any matter in question at the inquiry; or\n(b) to furnish within such reasonable period as is specified in the notice such information relating to any matter in question at the inquiry as the inspector may think fit and as the person so required is able to furnish:\nProvided that—\n(i) no person shall be required in obedience to such a notice to attend at any place which is more than ten miles from the place where he resides, unless the necessary expenses are paid or tendered to him; and\n(ii) nothing in this paragraph shall empower the inspector to require any person to produce any book or document or to answer any question which he would be entitled, on the ground of privilege or otherwise, to refuse to produce or to answer if the inquiry were a proceeding in a court of law.\n5 The inspector may administer oaths and examine witnesses on oath and may accept in lieu of evidence on oath by any person a statement in writing by that person.\n6 Any person who refuses or wilfully neglects to attend in obedience to a notice under paragraph 4 of this Part of this Schedule, or to give evidence, or who wilfully alters, suppresses, conceals, destroys or refuses to produce any book or document which he may be required to produce by any such notice or who refuses or wilfully neglects to furnish any information which he is required to furnish under sub-paragraph ( b) of the said paragraph 4 shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale or to imprisonment for a period not exceeding three months.\n7 The expenses incurred by the Ministry in relation to any inquiry held under this Act (including such sum or sums as the Ministry may with the approval of the Ministry of Finance determine in respect of the services of the inspector and any person appointed to assist him) shall be paid by the Ministry and the local authority in such proportions as the inspector shall recommend in his report, and the Ministry may make an order accordingly.\n8 Any order by the Ministry under the last preceding paragraph may on the application of either party to the inquiry be made a rule of the High Court.\n\nSecond Schedule - Amendments","title":""}
{"_id":"text_ukpga_Vict_30-31_133","text":"[20th August 1867]\n\n1 Power for bishop to sign instrument of consecration at churchyard without presence of chancellor, &c.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n2 No officer attending to take fee.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n4 Powers given in School Sites Acts for conveyance of land to apply to conveyances under this Act.\nAnd whereas by the School Sites Act 1841 and by the School Sites Act 1849 powers are given to persons being seised in fee simple, fee tail, or for life of and in any manor or lands of freehold, copyhold, or customary tenure, and having the beneficial interest therein, to grant, convey, or enfranchise, by way of gift, sale, or exchange, in fee simple or for term of years, any quantity not exceeding one acre of such land as a site for a school; and it is expedient that the same powers should be extended to persons willing to grant land for the enlargement of churchyards or burial places in England or Wales: the said Acts shall be deemed to apply to all persons desirous of granting land for the purpose of such enlagement, in the same way as if the said land had been granted as a site for a school: Provided nevertheless, that no such grant shall be made otherwise than in fee simple, and may be made in the form herein-after provided; and that every such grant made by any person seised only for life shall be valid without the concurrence therein of the person next entitled in remainder in fee simple or fee tail . . .\n\n5 Form of conveyance of lands for addition to existing churchyards.\nAny lands or hereditaments adjoining any churchyard or burial place may be conveyed for the purpose of adding thereto by a deed in the form following, with such variations (if any) as the circumstances of the case may require:\n“I [or We, or the corporate title of a corporation,] under the authority of the Consecration of Churchyards Acts 1867 do hereby freely and voluntarily give, grant, and convey [or, as the case may be, do hereby, in consideration of the sum of to me, or us, or the paid, grant and convey] unto the person or persons, or corporation sole or aggregate, in whom the churchyard or the burial place known as of is now vested, his or their heirs or successors, all [describing the hereditaments to be conveyed], and all right, title, and interest in the same and every part thereof, to be held for ever as part of the said churchyard or burial place”:\nAnd every such conveyance shall be valid and effectual in the law to all intents and purposes.\n\n6 Deed of gift, &c. not to be subject to stamp duties.\n. . . No deed of gift, or grant, security, contract, agreement, deed, or conveyance, or other instrument, made for the purposes of this Act, or for the carrying into execution any of the powers, authorities, or provisions of this Act, shall be subject to any of the duties upon stamped vellum, parchment, or paper, anything in any Act or Acts of Parliament to the contrary notwithstanding.\n\n7 Application of the provisions of Act of 3G. 4. c. 72. s. 29. to lands so added.\nFrom and after the expiration of five years after the conveyance of any lands or hereditaments for such addition to any churchyard or burial place and the inclosure of the same within one boundary fence, although the same shall not have been consecrated and although no burial shall have been had within the same during that period of time, the said lands and hereditaments shall, for the purposes of this Act, become and be and remain absolutely vested in the person or persons or corporation in whom the churchyard or burial place to which they are added is vested, free from all demand or claim of any person or persons or corporation whatsoever, and without being thereafter subject to any question as to any right, title, or claim thereto, or in any manner affecting the same.\n\n8 Saving provisions of former Acts.\nExcept as is by this Act expressly enacted, nothing therein contained shall affect the provisions of any Act of Parliament with reference to lands or hereditaments conveyed as sites for churchyards or to the conveyances thereof.\n\n9 Exclusive right of burial in a portion of the land added to a churchyard may be secured to the giver thereof.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n10 Conditions attending such grant of exclusive right of burial.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n11 As to closing of reserved portions.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n13 Short title.\nThis Act may be cited as “The Consecration of Churchyards Act 1867.”","title":""}
{"_id":"text_ukpga_Geo5_18-19_24","text":"[3rd August 1928]\n\n1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n4 Amendment of Land Purchase Acts.\n(1) Notwithstanding anything in the Land Purchase Acts, the Land Purchase Commission, Northern Ireland, may for the purposes of the distribution of purchase money direct payment of a claim if of opinion that the title thereto though imperfect is nevertheless such as would make it improbable that any claim adverse thereto could be sustained.\n(2) The Commission shall be entitled to act on the evidence of title submitted by a claimant without being required to enquire as to any estate, right, claim or interest undisclosed thereby which may at the time of the distribution of the purchase money be subsisting or capable of arising.\n(3) Where a person within the time allowed by this section proves to the satisfaction of the Commission that he or the person from whom he derives title was entitled to claim to participate in the distribution of purchase money, and that such claim was undisclosed at the time of the distribution, he shall be entitled to be paid by the Commission a sum equal to the value of his claim:\nProvided that a person shall not be entitled to compensation under this section where he or the person from whom he derives title has caused or substantially contributed to the loss by any act, neglect or default of himself or his agent.\n(4) The time allowed by this section shall be six years from the date of the distribution of the purchase money, or from the date after the distribution of the purchase money when the claimant or the person from whom he derives title first knew or might with reasonable diligence have ascertained the existence of the claim:\nProvided that—\n(a) where the claimant was on the date of the distribution of the purchase money an infant his claim may be made within six years from the time when he attains full age; and\n(b) where any person interested is entitled as a proprietor of a charge or as a mortgagee the claim by him may be made within six years from the last payment in respect of principal or interest; and\n(c) where any person interested is the owner of a superior interest his claim may be made within six years from the date of the last payment in respect of such superior interest.\n(5) This section shall be construed as one with the Land Purchase Acts and may be cited with those Acts.\n\n5 Short title and construction.\nThis Act may be cited as the Northern Ireland (Miscellaneous Provisions) Act 1928 and, save as otherwise expressly provided, shall be construed as one with the principal Act.","title":""}
{"_id":"text_ukpga_Geo6_3-4_26","text":"[13th June 1940]\n\n1 Power to make provision for continuance of benefits.\n(1) Where a person who by virtue of any employment fell within a class of persons for whose benefit a superannuation scheme to which this Act applies is in force has ceased to follow that employment during the period of the present emergency (whether before or after the commencement of this Act) in order to undertake service in any of the naval, military or air forces of the Crown, or employment for war purposes, the following provisions shall have effect in relation to that person (in this Act referred to as “the employee”).\n(2) The trustees or other persons concerned with the administration of the scheme shall have power, and shall be deemed always to have had power, notwithstanding anything to the contrary in the scheme or in any enactment or rule of law, to do all such things as appear to them necessary to secure that the benefits accruing under the scheme to the employee, or accruing thereunder to any other person by reference to the employee’s employment, should be the same, as nearly as may be, as if he had not ceased to follow his employment, subject to any adjustments which they may think proper to make.\n(3) Any person who would have been authorised to make any contributions for the purposes of the scheme if the employee had continued to follow his employment during the period of his service in the forces, or of his employment for war purposes, shall have power, and shall be deemed always to have had power, notwithstanding anything to the contrary in the scheme or in any enactment or rule of law, to make those contributions and to make any contributions for the purposes of the scheme which the employee would in the ordinary course have made if he had so continued.\n(4) Subsection (2) of this section shall not have effect if the scheme is constituted by rules of a friendly society or trade union within the meaning of the Societies (Miscellaneous Provisions) Act 1940, or of a society registered under the Industrial and Provident Societies Act 1965, and if a fund is registered under the Superannuation and other Trust Funds (Validation) Act 1927, in connection with the scheme, then—\n(a) the power conferred by subsection (2) of this section shall be exercisable only in accordance with a resolution recorded in writing; and\n(b) the trustees shall, within twenty-one days after the passing of any such resolution, furnish a copy thereof to the registrar within the meaning of that Act; and\n(c) if any amendment of the rules of the fund is effected, subsection (3) of section three of that Act shall have effect in relation to the amendment notwithstanding anything in subsection (2) of this section.\n(5) The schemes to which this Act applies are any superannuation schemes in force with respect to any persons other than such persons as are specified in the Schedule to this Act.\n(6) In this Act the following expressions have the meanings hereby assigned to them respectively, that is to say:—\n  * “Employment for war purposes” means employment, or employment in work of a kind, which the Secretary of State certifies to be such as in his opinion may properly be treated for the purposes of this Act in the same manner as service in the forces of the Crown;\n  * “Period of the present emergency” means the period beginning with the date of the commencement of the Military Training Act 1939, and ending on such day as His Majesty may by Order in Council declare to be the date on which the emergency that was the occasion of the passing of this Act came to an end;\n  * “Superannuation scheme” means any enactme nt, rules, deed or other instrument, providing for the payment of annuities or lump sums to the persons with respect to whom the instrument has effect on their retirement at a specified age or on becoming incapacitated at some earlier age, or to the personal representatives or the widows, relatives or dependants of such persons on their death or otherwise, whether with or without any further or other benefits.\n\n2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n3 Short title and extent.\n(1) This Act may be cited as the Superannuation Schemes (War Service) Act 1940.\n(2) This Act, . . . shall not extend to Northern Ireland.\nSection 1.\n\nSCHEDULE Persons to Whom this Act Does Not Apply\n1 Persons serving in any superannuable capacity (within the meaning of the Local Government Staffs (War Service) Act 1939), specified in the first column of the Schedule to that Act, or in any employment which is deemed by virtue of that Act to be service in such a capacity.\n2 Persons in service which is contributory service within the meaning of the Teachers (Superannuation) Acts 1918 to 1939.\n3 Constables and firemen within the meaning of the Police and Firemen (War Service) Act 1939.\n4 Persons who are, or are deemed to be, teachers within the meaning of the Superannuation Scheme framed in pursuance of the Education (Scotland) Superannuation Acts 1919 to 1939.\n5 Persons in relation to whom the Local Government Staffs (War Service) Act 1939, has effect by virtue of the King Edward the Seventh Welsh National Memorial Association Act 1940.","title":""}
{"_id":"text_asp_2001_5","text":"1 Extinction of leasehold casualties\n(1) In a relevant lease (that is to say, in a lease of land granted before 1st September 1974 for a period of not less than one hundred and seventy-five years), any provision which stipulates for payment of a casualty is void; and, accordingly, any such payment which would, but for this subsection, have fallen due on or after the relevant day shall not be exigible.\n(2) In subsection (1) above, any reference to a payment falling due shall be construed, in a case where the provision in the relevant lease stipulates for payment to be deferred until the death of the last person to pay a casualty, as a reference to its falling due on the date of death of that person.\n(3) This section shall be deemed to have come into force on the relevant day.\n\n2 Landlord’s right to require compensation in respect of extinction of casualty\n(1) Where a casualty is extinguished by virtue of section 1 of this Act, a landlord may, not later than one year after the day on which this Act received Royal Assent, give written notice to the tenant—\n(a) requiring the tenant to pay to him compensation calculated in accordance with section 3 of this Act; and\n(b) specifying the amount of compensation required as calculated by him; and the tenant shall be liable to pay such compensation.\n(2) Any error in a calculation under paragraph (b) of subsection (1) above shall not affect the validity of the notice under that subsection.\n(3) For the purposes of this section, “tenant” means the person who, on the relevant day, has the interest of tenant in the relevant lease.\n\n3 Calculation of compensation\n(1) Subject to subsection (2) below, where by virtue of section 2(1) of this Act a tenant is liable to pay compensation, the amount payable shall be—\n(a) in a case where—\n(i) a period of eighty or more years of the relevant lease is unexpired on the relevant day; and\n(ii) the lease stipulated for payment of a casualty of an unvarying amount at fixed and regularly recurring intervals of nineteen, twenty, twenty-one, twenty-five or, as the case may be, thirty years,\nthe product of the amount of the casualty and the multiplier obtained from the Table of Multipliers in schedule 1 to this Act (the reference in the first column of that table to the relevant period being a reference to the period (if any) between the relevant day and the date on which the casualty would, but for this Act, next be payable);\n(b) in a case where—\n(i) sub-paragraph (ii), but not sub-paragraph (i), of paragraph (a) above is satisfied; or\n(ii) the relevant lease stipulated for payment of a casualty of an unvarying amount at fixed and regularly recurring intervals other than any interval mentioned in sub-paragraph (ii) of that paragraph,\nthe product of the amount of the casualty and the multiplier obtained in accordance with schedule 2 to this Act;\n(c) in a case where the relevant lease stipulated for—\n(i) payment of a casualty on, or by reference to, the entry of an assignee; and\n(ii) the payment to be made at any time other than on the death of the person who last paid a casualty,\nthe product of the amount of the casualty and 0.75;\n(d) in a case where the relevant lease stipulated for payment of a casualty on, or by reference to—\n(i) the entry of an heir; or\n(ii) the death of any person,\nthe product of the amount of the casualty and 0.03; and\n(e) in any other case, the sum of the discounted values as at the relevant day of the amounts which would, but for this Act, have been payable in respect of the casualty; and any dispute as to the amount payable under this paragraph shall be referred to and determined by the Lands Tribunal for Scotland.\n(2) Where compensation is payable in respect of the extinction of a casualty based on the rent (other than ground rent or tack duty), or rental value, of the land held under the relevant lease, subsection (1) above shall apply subject to the following modifications—\n(a) in each of paragraphs (a) to (d) of that subsection, for the words “amount of the casualty” there shall be substituted the words “ amount of the ground rent or, as the case may be, tack duty payable under the relevant lease ”; and\n(b) in paragraph (e) of that subsection, the amounts which would have been payable shall be taken to be amounts each of which is equal to the ground rent or, as the case may be, tack duty payable under the relevant lease; but no other modification of the terms of the casualty (including any provision as to when the casualty is payable) shall be made for the purposes of this paragraph.\n\n4 Prescriptive period for payment of compensation on extinction of casualty\nIn Schedule 1 to the Prescription and Limitation (Scotland) Act 1973 (c.52) (obligations affected by prescriptive periods of five years to which section 6 of that Act applies)—\n(a) after paragraph 1(a) there shall be inserted—\n“(aa)to any obligation to pay compensation by virtue of section 2 of the Leasehold Casualties (Scotland) Act 2001 (asp 5);”;\nand\n(b) in paragraph 2(e), after the words “paragraph 1(a)” there shall be inserted “ or (aa) ”.\n\n5 Irritancy provisions in certain leases to be void\n(1) This section applies to any relevant lease—\n(a) granted before 10th August 1914; and\n(b) stipulating for payment of a ground rent, or tack duty, of not more than £150 in respect of each year.\n(2) In so far as any provision in a relevant lease to which this section applies—\n(a) purports to terminate the lease, or to entitle the landlord to terminate it, in the event of a failure of the tenant to comply with any provision in the lease; or\n(b) deems such a failure to be a material breach of contract, that provision is void.\n(3) This section shall be deemed to have come into force on the relevant day.\n\n6 Irritancy: limited disapplication of common law\n(1) The rule of law entitling a landlord to terminate a lease in the event of a failure of the tenant to pay the rent due under the lease for a continuous period of two years shall not apply in relation to a relevant lease to which section 5 of this Act applies.\n(2) This section shall be deemed to have come into force on 12th February 2001.\n\n7 Liability for casualty due by former tenant not to transmit on assignation, or other transfer, of lease\n(1) Where—\n(a) before, on or after the relevant day a relevant lease is assigned, or otherwise transferred, to a new tenant; and\n(b) any casualty payable under the lease by a former tenant is, on such assignation or other transfer, due but unpaid,\nthe new tenant shall not be liable to pay it.\n(2) Nothing in subsection (1) above shall—\n(a) entitle a new tenant to recover any amount which he has paid to the landlord;\n(b) affect any agreement concluded before the relevant day between a new tenant and the landlord; or\n(c) prevent a landlord enforcing any decree obtained before the relevant day against a new tenant.\n(3) Any reference in this section to a relevant lease being assigned, or otherwise transferred, includes a reference to the lease being partially assigned or, as the case may be, partially transferred.\n(4) This section shall be deemed to have come into force on the relevant day.\n\n8 Transitional application of sections 5 to 7\n(1) Without prejudice to the generality of section 5 of this Act, that section shall apply for the purposes of any action commenced before the relevant day which concerns a provision such as is mentioned in subsection (2) of that section and in which final decree is not granted before that day.\n(2) Without prejudice to the generality of section 6(1) of this Act, that section shall apply for the purposes of any action for irritancy founded on the rule of law mentioned in that section which is commenced before 12th February 2001 and in which final decree is not granted before that day.\n(3) Without prejudice to the generality of section 7 of this Act, that section shall apply for the purposes of any action against a new tenant commenced before the relevant day for payment of a casualty such as is mentioned in subsection (1)(b) of that section and in which final decree is not granted before that day.\n(4) For the purposes of this section “final decree” means any decree or interlocutor which—\n(a) disposes of an action; and\n(b) is not subject to appeal or review.\n\n9 Saving: proceedings in respect of section 12 of Land Registration (Scotland) Act 1979\nNothing in this Act shall affect any proceedings in respect of a claim to indemnity under section 12 of the Land Registration (Scotland) Act 1979 (c.33) (circumstances in which person entitled to indemnification by Keeper) which have commenced, but have not been finally disposed of, before the relevant day.\n\n10 Interpretation\n(1) In this Act, unless the context otherwise requires—\n  * “casualty” means any duplicand or other periodical or casual payment stipulated in a relevant lease to be payable by the tenant to the landlord in addition to the rent;\n  * “lease” includes sublease;\n  * “relevant day” means 10th May 2000; and\n  * “relevant lease” shall be construed in accordance with section 1(1) of this Act.\n(2) For the purposes of reckoning the periods mentioned in sections 1(1) and 3(1)(a)(i) of this Act—\n(a) any provision in a lease (however expressed) enabling the lease to be terminated earlier than the date on which the lease would otherwise terminate shall be disregarded; and\n(b) where a lease includes provision (however expressed) requiring the landlord to renew the lease, the duration of any such renewed lease shall be added to the duration of the original lease.\n\n11 Short title and Crown application\n(1) This Act may be cited as the Leasehold Casualties (Scotland) Act 2001.\n(2) This Act binds the Crown.\n\nSCHEDULE 1 TABLE OF MULTIPLIERS\n(introduced by section 3(1)(a))\nRelevant period (in years)  Multipliers for casualties payable at intervals of:\n                            19 years                                             20 years  21 years  25 years  30 years\nNil or less than½           1.196                                                1.174     1.155     1.102     1.060\n½ but less than 1           1.140                                                1.119     1.102     1.050     1.011\n1 but less than 2           1.087                                                1.067     1.051     1.002     0.964\n2 but less than 3           0.988                                                0.970     0.955     0.910     0.876\n3 but less than 4           0.898                                                0.882     0.869     0.827     0.796\n4 but less than 5           0.816                                                0.802     0.789     0.753     0.724\n5 but less than 6           0.743                                                0.729     0.718     0.683     0.659\n6 but less than 7           0.673                                                0.662     0.651     0.621     0.598\n7 but less than 8           0.613                                                0.602     0.592     0.564     0.544\n8 but less than 9           0.557                                                0.548     0.540     0.514     0.496\n9 but less than 10          0.506                                                0.497     0.490     0.467     0.449\n10 but less than 11         0.461                                                0.453     0.446     0.425     0.409\n11 but less than 12         0.418                                                0.411     0.404     0.385     0.371\n12 but less than 13         0.381                                                0.374     0.369     0.351     0.338\n13 but less than 14         0.346                                                0.340     0.335     0.319     0.308\n14 but less than 15         0.314                                                0.309     0.305     0.289     0.279\n15 but less than 16         0.285                                                0.281     0.276     0.263     0.254\n16 but less than 17         0.261                                                0.256     0.252     0.240     0.231\n17 but less than 18         0.236                                                0.233     0.229     0.218     0.210\n18 but less than 19         0.215                                                0.212     0.207     0.199     0.191\n19 but less than 20         –                                                    0.193     0.189     0.180     0.174\n20 but less than 21         –                                                    –         0.172     0.164     0.158\n21 but less than 22         –                                                    –         –         0.148     0.143\n22 but less than 23         –                                                    –         –         0.135     0.130\n23 but less than 24         –                                                    –         –         0.123     0.118\n24 but less than 25         –                                                    –         –         0.112     0.108\n25 but less than 26         –                                                    –         –         –         0.097\n26 but less than 27         –                                                    –         –         –         0.089\n27 but less than 28         –                                                    –         –         –         0.080\n28 but less than 29         –                                                    –         –         –         0.073\n29 but less than 30         –                                                    –         –         –         0.067\n\n\nSCHEDULE 2 METHOD FOR CALCULATING MULTIPLIER\n(introduced by section 3(1)(b))\n1 As respects each date on which, but for this Act, a payment of the casualty would have fallen due, a value shall, subject to paragraphs 2 and 3 below, be calculated, rounded to three decimal places, in accordance with the formula—\nwhere n is the period, in years, between the relevant date and the date of the payment; and the sum of all the values so calculated shall be the multiplier for the purposes of section 3(1)(b) of this Act.\n2 For the purposes of paragraph 1 above, for any case where the period is—\n(a) less than½ year (or is nil), the value shall be 1;\n(b)½ but less than 1 year, the value shall be 0.953.\n3 For the purposes of reckoning n in paragraph 1 above, where the period is more than one year, n shall be the whole number of years in question (with any time in excess of that number being ignored).","title":""}
{"_id":"text_nia_2015_8","text":"[24th July 2015]\nBE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:\n\nPART 1 CONTROLLED RESERVOIRS, REGISTRATION AND RESERVOIR DESIGNATION\n\nControlled reservoirs\n\nControlled reservoirs\n1 For the purposes of this Act, a controlled reservoir is any of the followingstructures or areas which is capable of holding 10,000 cubic metres or more of water above the natural level of any part of the surrounding land—\n(a) a structure designed or used for collecting and storing water,\n(b) a lake or other area created or enlarged by artificial means, the artificial creation or enlargement having been designed, or the lake or other area so created or enlarged being used, for collecting and storing water.\n\nStructure or area which is to be treated as a controlled reservoir\n2—(1) This section determines when a section 1(a) or (b) structure or area which is not a controlled reservoir is to be treated as a controlled reservoir for the purposes of this Act.\n(2) Where both of the following apply—\n(a) water does (or could) flow from a section 1(a) or (b) structure or area to any other section 1(a) or (b) structure or area, and\n(b) any 2 or more such structures or areas (taken together) are capable of holding 10,000 cubic metres or more of water above the natural level of any part of the surrounding land,\neach of the section 1(a) or (b) structures or areas is to be treated for the purposes of this Act as a controlled reservoir.\n(3) The Department, having taken into account the matters mentioned in section 3, may by regulations provide that a section 1(a) or (b) structure or area which neither is a controlled reservoir, nor falls to be treated as a controlled reservoir under subsection (2), is to be treated for the purposes of this Act as a controlled reservoir.\n(4) The Department must serve notice of the making of regulations under subsection (3) on the person who will, as at the date of the making of them, be the reservoir manager of any section 1(a) or (b) structure or area which will, by virtue of the regulations, be treated as a controlled reservoir for the purposes of this Act; and such notice must advise the person of—\n(a) the requirement for the reservoir manager to register the controlled reservoir with the Department in accordance with sections 10 and 13,\n(b) the period within which the reservoir manager must do so.\n(5) In this section and section 3, a “section 1(a) or (b) structure or area” means a structure, lake or other area referred to in paragraph (a) or (b) of section 1.\nProspective\n\nMatters to be taken into account under section 2(3)\n3—(1) The matters the Department is required by section 2(3) to take into account are—\n(a) in so far as it is reasonably practicable to do so, as respects the section 1(a) or (b) structure or area alone or, where water does or could flow between it and any other section 1(a) or (b) structure or area, also any such other structure or area—\n(i) the potential adverse consequences of an uncontrolled release of water from the structure or area,\n(ii) the probability of an uncontrolled release of water from the structure or area,\n(b) such other matters as the Department may, by regulations, provide.\n(2) For the purposes of subsection (1)(a)(i), potential adverse consequences include the matters specified in paragraphs (a) and (b) of section 22(2) (for the purposes of reservoir designation).\n(3) The issues the Department may take into account in assessing under subsection (1)(a) the potential adverse consequences or probability of an uncontrolled release of water from a section 1(a) or (b) structure or area include, as regards the structure or area, the issues specified in paragraphs (a) to (e) of section 22(3) and in regulations under section 23 (for the purposes of reservoir designation); and for that purpose the references in those paragraphs of section 22(3) to “the reservoir” are to be construed as references to the section 1(a) or (b) structure or area.\n(4) Before making regulations under subsection (1)(b), the Department must consult the Institution of Civil Engineers and such other organisations or persons as it considers appropriate.\nProspective\n\nControlled reservoirs: further provision\n4—(1) The Department may by order substitute a different volume of water for the volume for the time being specified in sections 1, 2(2)(b), 41(3) and (5), 45(3)(a) and 49(3)(b).\n(2) The Department may by regulations make provision for the purposes of sections 1, 2, 41, 45 and 49 as to—\n(a) how the volume of water capable of being held above the natural level of the surrounding land is to be calculated,\n(b) how “natural level” and “surrounding land” are to be construed.\n(3) Before making an order under subsection (1) or regulations under subsection (2), the Department must consult—\n(a) the Institution of Civil Engineers,\n(b) such other organisations representing engineering or concerned with the practice of water and environmental management as it considers appropriate.\n\nControlled reservoirs: supplementary\n5—(1) A controlled reservoir includes any basin, spillway, valve, dam, pumping station, weir, sluice, pipe and other thing which is integral to the functioning or operation of the reservoir.\n(2) The following structures or areas are not a controlled reservoir (and are not to be taken into account in relation to what is to be treated as a controlled reservoir for the purposes of section 2(2) or (3))—\n(a) a canal or other inland waterway,\n(b) an embanked watercourse,\n(c) a road or railway embankment which is not integral to the functioning or operation of a controlled reservoir,\n(d) a weir which does not serve a functional or operational purpose as regards a controlled reservoir,\n(e) a structure or area of water which protects land from the sea,\n(f) a pond within an extractive waste site or other waste facility,\n(g) a sewage sludge lagoon or other waste water treatment lagoon,\n(h) an ash, silt or sludge lagoon used for the purpose of a mine or power generation,\n(i) a lagoon for the storage of chemical materials or their waste products,\n(j) a slurry tank.\n(3) The Department may by regulations make provision as to—\n(a) what constitutes any of the structures or areas referred to in subsection (2),\n(b) what other thing (if any) described in the regulations is not a controlled reservoir (and is not to be taken into account in relation to what is to be treated as a controlled reservoir for the purposes of section 2(2) or (3)).\n\nReservoir managers\n\nReservoir managers\n6—(1) This section determines who is the reservoir manager of a controlled reservoir for the purposes of this Act.\n(2) A water undertaker is the reservoir manager of a controlled reservoir, or any part of a controlled reservoir, which is managed or operated by it.\n(3) A sewerage undertaker is the reservoir manager of a controlled reservoir which is managed or operated by it.\n(4) Subsections (5) and (6) apply where—\n(a) a water undertaker is not, by virtue of subsection (2), the reservoir manager of all or part of a controlled reservoir,\n(b) a sewerage undertaker is not, by virtue of subsection (3), the reservoir manager of a controlled reservoir.\n(5) Any person who manages or operates the reservoir or any part of it, but is not the owner of the reservoir (or the part), is the reservoir manager of the reservoir (or the part).\n(6) The owner of any part of the reservoir for which no person is reservoir manager by virtue of subsection (5) is the reservoir manager of the part.\n(7) In this section, a reference to managing or operating a reservoir is, in relation to a reservoir which is being constructed or restored to use (within the meaning of Part 3), to be read as referring to proposing to manage or operate the reservoir.\n(8) For the avoidance of doubt the Department, in carrying out or maintaining any works or taking any other action in relation to a controlled reservoir (or any part of a controlled reservoir) by virtue of its powers under the Drainage (Northern Ireland) Order 1973, is not to be regarded as managing or operating the reservoir (or part).\nProspective\n\nMultiple reservoir managers: supplementary\n7—(1) This section applies where by virtue of section 6 there is more than one reservoir manager of a controlled reservoir.\n(2) The requirements of this Act apply in relation to each of the reservoir managers (whether or not they make a nomination under subsection (3)).\n(3) Any of the reservoir managers (“the nominating manager”) may nominate another of the reservoir managers (“the nominee”) to do any of the following on behalf of the nominating manager—\n(a) fulfil any requirements of this Act to which the nominating manager is subject and which are specified in the nomination,\n(b) exercise any rights the nominating manager has under this Act and which are so specified.\n(4) A nomination made under subsection (3) must in addition specify the name, postal address and telephone contact details of the nominee.\n(5) The nominating manager must, not later than 28 days after the date of the nomination, give notice of the nomination and of what it contains to—\n(a) the Department,\n(b) each other reservoir manager of the controlled reservoir,\n(c) any supervising engineer, inspecting engineer, other qualified engineer or construction engineer commissioned in relation to the reservoir (see Parts 2 and 3).\n(6) Where a nomination is duly made and notice of it is duly given—\n(a) the Department may notify and consult the nominee in accordance with the nomination,\n(b) any supervising engineer, inspecting engineer, other qualified engineer or construction engineer commissioned for the time being in relation to the reservoir may give any notice, report, certificate or other document (required by this Act to be given to the nominating manager) to the nominee in accordance with the nomination.\n(7) In subsection (6)(b), reference to the “supervising engineer” is to be construed as including the nominated representative of the supervising engineer under section 26(7)(a) who is acting as such in the event of the supervising engineer being unavailable.\nProspective\n\nDuty of multiple reservoir managers to co-operate\n8—(1) Where by virtue of section 6 there is more than one reservoir manager of a controlled reservoir, each of the reservoir managers must co-operate with any other reservoir manager of the reservoir (including a nominee under section 7) so far as is necessary to enable the reservoir manager concerned to comply with the requirements to which the manager is subject under this Act.\n(2) A reservoir manager who fails to comply with subsection (1) commits an offence.\n(3) A reservoir manager guilty of an offence under subsection (2) in relation to a controlled reservoir which is, at the time the offence is committed, a high-consequence reservoir is liable on summary conviction to a fine not exceeding level 5 on the standard scale.\n(4) A reservoir manager guilty of an offence under that subsection in relation to any other controlled reservoir is liable on summary conviction to a fine not exceeding level 4 on the standard scale.\nProspective\n\nRegistration\n\nControlled reservoirs register\n9—(1) The Department must establish and maintain a controlled reservoirs register.\n(2) The controlled reservoirs register is a register containing (subject to subsection (4)), such information and documents in relation to each controlled reservoir as the Department may by regulations specify.\n(3) The Department must make arrangements for the controlled reservoirs register (or a copy of it) to be available for inspection by any person at all reasonable times.\n(4) If it appears to the Secretary of State that the inclusion of any information or document in the register would adversely affect national security, the Secretary of State may direct the Department not to include the information or document in the register.\n\nReservoir managers' duty to register with the Department\n10—(1) The reservoir manager of each controlled reservoir must register the reservoir with the Department in accordance with sections 11 to 13.\n(2) A reservoir manager of a controlled reservoir registers the reservoir under subsection (1) by providing to the Department such information and documents as the Department may by regulations specify.\n(3) Regulations under subsection (2) may, in particular, include provision as to—\n(a) the further information or documents that a reservoir manager of a controlled reservoir must provide to the Department for the purpose of maintenance by it of the controlled reservoirs register,\n(b) the time by which any such information or document must be provided.\n\nStructures or areas which are controlled reservoirs on the relevant date\n11—(1) Registration under section 10 of a structure or area which is a controlled reservoir on the relevant date must, subject to subsection (2), take place not later than 6 months after that date.\n(2) The Department may, in relation to information or a document where it considers it appropriate to do so, extend the period of 6 months specified in subsection (1) to such other period as it may, by notice served on the reservoir manager, specify; and different periods may be specified in relation to different information or documents.\n(3) In this section, and section 12, “the relevant date” means the date of commencement of section 10.\n\nStructures or areas which become controlled reservoirs after the relevant date\n12—(1) Registration under section 10 of a structure or area which becomes a controlled reservoir after the relevant date must, subject to subsection (2), take place not later than 28 days after the date on which a preliminary certificate is given in relation to it for the first time (see section 47).\n(2) The Department may, in relation to information or a document where it considers it appropriate to do so, extend the period of 28 days specified in subsection (1) to such other period as it may, by notice served on the reservoir manager, specify; and different periods may be specified in relation to different information or documents.\n\nStructures or areas which are the subject of regulations under section 2(3)\n13—(1) Registration under section 10 of a structure or area which is to be treated as a controlled reservoir by virtue of regulations made under subsection (3) of section 2 must, subject to subsection (2), take place not later than 28 days after the day on which notice of the making of the regulations is served by the Department under subsection (4) of that section.\n(2) The Department may, in relation to information or a document where it considers it appropriate to do so, extend the period of 28 days specified in subsection (1) to such other period as it may, by notice served on the reservoir manager, specify; and different periods may be specified in relation to different information or documents.\n\nFees: registration and administration\n14—(1) The Department may by regulations make provision as to—\n(a) payment to it by reservoir managers of controlled reservoirs of fees to cover costs reasonably incurred by it in relation to registration,\n(b) payment to it of other reasonable annual or recurring fees in relation to the performance by it of its functions as respects the controlled reservoirs register and registration of controlled reservoirs in the register,\n(c) the amount of such fees.\n(2) In making regulations under subsection (1) the Department must have regard to the reasonable cost of the exercise of the functions in respect of which the fees are to be charged.\n(3) Regulations under subsection (1) may include such other matters as the Department considers appropriate, including in particular provision specifying—\n(a) the maximum amount of any fee,\n(b) the circumstances in which any fee is payable,\n(c) different fees to be imposed in respect of different reservoirs or in other different cases or categories of case,\n(d) how fees may be collected and recovered.\n\nRegistration: supplementary\n15—(1) Where a person ceases to be a reservoir manager of a controlled reservoir, the person must, not later than 28 days after ceasing to be such, give notice to the Department stating—\n(a) that fact,\n(b) the date on which the person ceased to be reservoir manager,\n(c) the name of any person who has (or will) become a reservoir manager of the controlled reservoir in place of the person,\n(d) such other information as the Department may specify.\n(2) A person who becomes a reservoir manager of a controlled reservoir must, not later than 28 days after becoming reservoir manager, give notice to the Department stating—\n(a) that fact,\n(b) the date on which the person became reservoir manager,\n(c) such other information as the Department may specify.\n(3) Where the Department receives notice under subsection (1) or (2), it must take such steps as it considers are reasonably required to inform the new reservoir manager, as soon as is reasonably practicable, of the duties of reservoir managers of controlled reservoirs under this Act.\n\nOffences: registration\n16—(1) Failure by a reservoir manager of a controlled reservoir to comply with any of the following requirements relating to registration is an offence—\n(a) the requirements of section 10 (including those of regulations made under subsection (2) of that section) (registering controlled reservoir with Department in accordance with sections 11 to 13),\n(b) the requirements of section 15(1) or (2) (notice of change of reservoir manager).\n(2) A reservoir manager who, in relation to any requirement referred to in subsection (1), knowingly or recklessly gives any information or document which is false or misleading in a material respect commits an offence.\n(3) A reservoir manager guilty of an offence under subsection (1) or (2) in relation to a controlled reservoir which is, at the time the offence is committed, a high-consequence reservoir is liable on summary conviction to a fine not exceeding level 5 on the standard scale.\n(4) A reservoir manager guilty of an offence under either of those subsections in relation to any other controlled reservoir is liable on summary conviction to a fine not exceeding level 4 on the standard scale.\n(5) It is a defence to a charge in proceedings for an offence under subsection (1) that the person did not know and could not reasonably be expected to have known that the person was the reservoir manager of a controlled reservoir to whom the requirement concerned applied.\n(6) References in this section to a reservoir manager or the reservoir manager are to be construed, in relation to an offence of failing to comply with the requirements of section 15(1), as including a person who has ceased to be a reservoir manager.\nProspective\n\nReservoir designation\n\nGiving a reservoir designation\n17—(1) The Department must, as soon as is reasonably practicable after registering a controlled reservoir in the controlled reservoirs register, give the reservoir a reservoir designation.\n(2) A reservoir designation is a designation of the controlled reservoir by the Department as one of the following categories—\n(a) a high-consequence reservoir,\n(b) a medium-consequence reservoir,\n(c) a low-consequence reservoir.\n(3) In giving a reservoir designation, the Department must, in so far as it is reasonably practicable to do so, take into account the matters mentioned in section 22.\n(4) The Department gives a controlled reservoir a reservoir designation by notice served on the reservoir manager of the reservoir—\n(a) specifying the reservoir designation it has given the reservoir,\n(b) specifying the reasons for its decision,\n(c) specifying the date on which the designation takes effect,\n(d) giving information about the right under section 20 to apply for a review by the Department of its decision, the procedure for making such an application and the period within which an application may be made,\n(e) specifying that the reservoir designation which is the subject of an application continues to have effect pending a decision being made in the review.\n\nPeriodic re-assessment of reservoir designations\n18—(1) The Department must carry out periodic re-assessments of reservoir designations in accordance with this section.\n(2) In carrying out a periodic re-assessment of a reservoir designation in accordance with this section the Department must, having taken into account the matters mentioned in section 22 in so far as it is reasonably practicable to do so, either—\n(a) confirm the designation, or\n(b) give the controlled reservoir a reservoir designation as one of the other categories referred to in paragraphs (a) to (c) of section 17(2) (for the purposes of this Act “a different designation”).\n(3) A periodic re-assessment of the reservoir designation of a controlled reservoir must be carried out at the following times—\n(a) at any time the Department considers the designation may have ceased to be appropriate,\n(b) in any event, not later than 10 years from whichever is the latest of the following—\n(i) the date on which notice of the designation was served under section 17(4),\n(ii) the date on which notice of the decision in a periodic re-assessment of the designation was served under subsection (4),\n(iii) the date on which notice of the decision in a review in respect of the designation was served under section 20(6),\n(iv) the date on which notice of the decision in an appeal in respect of the designation was given under section 21.\n(4) The Department confirms the designation, or gives the controlled reservoir a different designation, by notice served on the reservoir manager of the reservoir—\n(a) specifying whether it confirms the designation or gives the reservoir a different designation,\n(b) where it gives the reservoir a different designation, specifying the different designation and the date on which it takes effect,\n(c) specifying the reasons for its decision,\n(d) giving information about the right under section 20 to apply for a review by the Department of its decision, the procedure for making such an application and the period within which an application may be made,\n(e) specifying that the reservoir designation which is the subject of an application continues to have effect pending a decision being made in the review.\n\nDate on which reservoir designation given under section 17 or given as different designation under section 18 takes effect\n19—(1) A reservoir designation—\n(a) given under section 17,\n(b) given as a different designation on a periodic re-assessment under section 18,\nsubject to subsections (2) and (3), takes effect on the day after the date on which notice of the designation is served by the Department on the reservoir manager under the section concerned.\n(2) Where a reservoir designation is given under section 17 in relation to a controlled reservoir which is being constructed or restored to use (within the meaning of Part 3), the designation takes effect on the day after the date of the final certificate in respect of those works. (Section 49 makes provision about final certificates.)\n(3) Where a reservoir designation is given (as a different designation) under section 18 in relation to a controlled reservoir which is subject to alteration for the purpose of increasing or decreasing the capacity of the reservoir, the different designation takes effect on the day after the date of the final certificate in respect of those works.\n\nReview by Department of its decision under section 17 or 18\n20—(1) A reservoir manager of a controlled reservoir on whom notice is served under section 17(4) or 18(4) may apply to the Department for a review by it of its decision under section 17 or 18.\n(2) An application must be made in writing before the end of the period of 90 days beginning with the date on which the notice was served.\n(3) In considering an application under this section, the Department—\n(a) may commission to make recommendations to it about the reservoir designation either (or both)—\n(i) an engineer who is a member of a panel of reservoir engineers established under section 102 who may (by virtue of an order under that section) be commissioned under this section in relation to the reservoir,\n(ii) such other person as the Department considers appropriate,\n(b) must take into account—\n(i) a recommendation by an engineer or other person commissioned by it under paragraph (a),\n(ii) in so far as it is reasonably practicable to do so, the matters mentioned in section 22,\n(iii) any representations made to it by or on behalf of the reservoir manager in relation to the application.\n(4) A reservoir designation in respect of which an application is made under this section continues to have effect pending a decision being made in the review.\n(5) Where as a result of the review the Department gives the controlled reservoir a different designation, the designation which is the subject of the review ceases to have effect from the date on which the Department gives its decision; and the different designation takes effect on the day after the date on which notice is served under subsection (6).\n(6) The Department must notify the reservoir manager of its decision in the review by serving on the reservoir manager notice—\n(a) specifying whether it confirms the designation or gives the reservoir a different designation,\n(b) where it gives the reservoir a different designation, specifying the different designation and the date on which it takes effect,\n(c) specifying the reasons for its decision,\n(d) giving information about the right of appeal under section 21 against its decision, the procedure for making an appeal and the period within which an appeal may be made,\n(e) specifying that the designation which is the subject of an appeal continues to have effect pending a decision being made in the appeal.\n(7) The Department may by regulations make further provision in relation to applications and reviews under this section.\n\nAppeal against Department's decision in a review under section 20\n21—(1) A reservoir manager of a controlled reservoir on whom notice of the Department's decision in a review under section 20 is served may appeal to the Water Appeals Commission against the decision on one or more of the grounds mentioned in subsection (3).\n(2) Any such appeal must be made in writing before the end of the period of 60 days beginning with the date on which the notice under section 20(6) was served.\n(3) The grounds referred to in subsection (1) are that—\n(a) the decision was based on an error of fact,\n(b) the decision was wrong in law,\n(c) the decision was unreasonable.\n(4) The Commission may confirm the reservoir designation or give the reservoir a different designation.\n(5) A decision in an appeal under this section must take into account—\n(a) in so far as it is reasonably practicable to do so, the matters mentioned in section 22,\n(b) any representations made in relation to the appeal by or on behalf of—\n(i) the reservoir manager,\n(ii) the Department.\n(6) A reservoir designation in respect of which an appeal is made under this section continues to have effect pending a decision being made in the appeal.\n(7) Where the decision in the appeal is that the controlled reservoir is given a different designation, the designation which is the subject of the appeal ceases to have effect from the date on which the appeal is determined; and the different designation takes effect on the day after the date on which notice is given under subsection (8).\n(8) Notice by the Commission to the reservoir manager and the Department of the Commission's decision in the appeal must specify—\n(a) whether the Commission confirms the reservoir designation or gives the reservoir a different designation,\n(b) where the Commission gives the reservoir a different designation, the different designation and the date on which it takes effect,\n(c) the reasons for the decision.\n\nMatters to be taken into account under sections 17(3), 18(2), 20(3)(b)(ii) and 21(5)(a)\n22—(1) The matters required by sections 17(3), 18(2), 20(3)(b)(ii) and 21(5)(a) to be taken into account in so far as it is reasonably practicable to do so, are—\n(a) the potential adverse consequences of an uncontrolled release of water from the controlled reservoir,\n(b) the probability of such a release.\n(2) The potential adverse consequences of an uncontrolled release of water from a controlled reservoir include—\n(a) potential damage to any of the following—\n(i) human life or human health (as the Department considers appropriate in the circumstances),\n(ii) the environment,\n(iii) economic activity,\n(iv) cultural heritage,\n(b) such other potential damage as the Department considers relevant.\n(3) Issues that may be taken into account in assessing under subsection (1) the potential adverse consequences or probability of an uncontrolled release of water from a controlled reservoir include any of the following—\n(a) the purpose for which the reservoir is (or is to be) used,\n(b) the materials used to construct the reservoir,\n(c) the way in which the reservoir was or is being constructed,\n(d) the age and condition of the reservoir and how it has been maintained,\n(e) such other issues as the Department considers relevant.\n\nMatters to be taken into account under sections 17(3), 18(2), 20(3)(b)(ii) and 21(5)(a): further provision\n23—(1) The Department may by regulations make further provision about the matters that are to be taken into account under sections 17(3), 18(2), 20(3)(b)(ii) and 21(5)(a).\n(2) Without prejudice to the generality of subsection (1), the regulations may—\n(a) make further provision in relation to the matters in section 22(1),\n(b) in particular, when the Department is satisfied that an appropriate methodology exists for assessing the probability of an uncontrolled release of water from a controlled reservoir, include provision as regards the methodology that is to be taken into account in assessing such probability,\n(c) amend references in this Act to “reservoir designation”, “high-consequence reservoir”, “medium-consequence reservoir” and “low-consequence reservoir” in pursuance of the regulations,\n(d) include adaptations for the purposes of section 3(3).\n(3) Before making regulations under subsection (1), the Department must consult the Institution of Civil Engineers and such other organisations or persons as it considers appropriate.\n\nHigh-consequence reservoirs, medium-consequence reservoirs and low-consequence reservoirs: further provision\n24 References in this Act to a “high-consequence reservoir”, “medium-consequence reservoir” or “low-consequence reservoir” are references to a controlled reservoir designated as such for the time being under section 17, 18, 20 or 21.\nProspective\n\nPART 2 REQUIREMENTS FOR HIGH-CONSEQUENCE AND MEDIUM-CONSEQUENCE RESERVOIRS\n\nSupervision by supervising engineer\n\nSupervision requirement and commissioning of supervising engineer etc.\n25—(1) A high-consequence or medium-consequence reservoir must, at all times, be under the supervision of a supervising engineer.\n(2) The reservoir manager of a high-consequence or medium-consequence reservoir must, not later than 6 months after the date on which the designation of the reservoir as such takes effect (see sections 19, 20(5) and 21(7)), commission a supervising engineer.\n(3) A “supervising engineer” is an engineer duly commissioned under subsection (2) to supervise the reservoir, at all times, in accordance with section 26.\n(4) A reservoir manager who commissions a supervising engineer in accordance with subsection (2) must, not later than 28 days after the commissioning, give notice of it to the Department.\n(5) An engineer may be commissioned as a supervising engineer if the engineer is a member of a panel of reservoir engineers established under section 102 who may (by virtue of an order under that section) be commissioned under this section as a supervising engineer in relation to the reservoir.\n\nDuties etc. in relation to supervision\n26—(1) The supervising engineer must supervise the reservoir, at all times, in accordance with this Act.\n(2) The supervising engineer must—\n(a) give notice to the reservoir manager of anything that the engineer considers might affect the safety of the reservoir,\n(b) monitor compliance by the reservoir manager—\n(i) subject to section 61, with any direction in the latest inspection report by virtue of section 35(4)(a) as regards any measure that should be taken in the interests of the safety of the reservoir which is a measure for its maintenance (see section 35(4)(f)),\n(ii) with any recommendation in a pre-commencement inspection report for the time being applicable to the reservoir (see section 33(1)) as to a measure that should be taken for its maintenance,\n(c) monitor—\n(i) any matter specified by virtue of section 35(4)(g) in the latest inspection report as a matter that the inspecting engineer recommends should be monitored by the supervising engineer until the next inspection of the reservoir,\n(ii) any matter specified in a pre-commencement inspection report for the time being applicable to the reservoir as a matter that should be watched by a civil engineer until the next inspection of the reservoir (and which does not fall within paragraph (b)(ii)),\n(d) monitor any matter specified in a safety report as a matter the construction engineer giving the report recommends should be monitored by the supervising engineer until a final certificate is issued in respect of relevant works (see section 45(1)(c)),\n(e) monitor compliance by the reservoir manager with the requirements of—\n(i) any preliminary certificate for the time being applicable to the reservoir (see section 47),\n(ii) any final certificate for the time being applicable to the reservoir (see section 49),\n(f) monitor any matter specified in any such final certificate as a matter that should be monitored by the supervising engineer until the first or next inspection of the reservoir,\n(g) give notice to the reservoir manager and the Department of any failure to comply with—\n(i) a direction or recommendation referred to in paragraph (b),\n(ii) a safety report for the time being applicable to the reservoir,\n(iii) a preliminary certificate for the time being applicable to the reservoir,\n(h) give notice to the reservoir manager and the Department of any failure to comply with any requirement of a final certificate for the time being applicable to the reservoir,\n(i) supervise (or ensure that a nominated representative of the engineer supervises) any proposed draw-down in respect of the reservoir,\n(j) monitor compliance by the reservoir manager with the requirements of section 37 (recording of water levels etc. and record keeping),\n(k) undertake, in accordance with the latest inspection report, any additional visit that may be recommended in the report by virtue of section 35(4)(i).\n(3) If the supervising engineer considers at any time that the reservoir should be inspected in accordance with section 35, the engineer must—\n(a) give the reservoir manager a written recommendation to that effect specifying when the inspection should take place,\n(b) not later than 28 days after giving the written recommendation, give the Department a copy of it.\n(4) The supervising engineer—\n(a) may by written direction require the reservoir manager to carry out a visual inspection of the reservoir at intervals specified by the engineer for the purpose of identifying anything that might affect the safety of the reservoir,\n(b) must give a copy of any direction given under paragraph (a) to the Department.\n(5) The supervising engineer must give the reservoir manager, at least every 12 months, a written statement of—\n(a) the steps taken by the engineer in relation to the matters referred to in subsection (2)(a) to (h) and (j) and (k),\n(b) any measure taken by the reservoir manager in the interests of the safety of the reservoir or otherwise to maintain the reservoir,\n(c) any recommendation by the supervising engineer under subsection (3),\n(d) any direction by the supervising engineer under subsection (4)(a).\n(6) The supervising engineer must, not later than 28 days after giving a written statement under subsection (5), give the Department a copy of the statement.\n(7) The supervising engineer must—\n(a) give the reservoir manager information for the purpose of enabling the manager to contact the engineer (or in the event of the supervising engineer being unavailable, a nominated representative of the engineer),\n(b) not later than 28 days after giving the reservoir manager such information, give the information to the Department.\n(8) Where the reservoir is the subject of a pre-commencement inspection report and inspection of it is not yet due under section 31, the reservoir manager must give the supervising engineer a copy of—\n(a) the report,\n(b) any pre-commencement inspection report certificate (see section 35(3)),\n(c) where the reservoir manager is unable to give a copy of a pre-commencement inspection report certificate, any other document dated before the relevant date which the reservoir manager considers relevant to the taking of a pre-commencement safety recommendation (see section 34(3)).\n(9) In this section—\n(a)“draw-down” means any intentional reduction in the water level except where done in accordance with the routine operation of the reservoir,\n(b) references to “the reservoir manager” are references to the reservoir manager of the reservoir which is being supervised in accordance with this section,\n(c)“the relevant date” has the same meaning as in section 31(6).\n(10) In this section and sections 27 to 31, 35 and 37, references to “the supervising engineer” are references to the engineer duly commissioned for the time being as such under section 25 in relation to the reservoir and are to be construed as including a nominated representative of the supervising engineer under subsection (7)(a) who is acting as such in the event of the supervising engineer being unavailable.\n\nRegulations as to visits by supervising engineer\n27—(1) The Department may by regulations make provision—\n(a) for there to be a standard frequency of visits that must be made by a supervising engineer to a high-consequence or medium-consequence reservoir,\n(b) for the standard frequency to be different according to whether or not the Department considers that a high-consequence or medium-consequence reservoir is of an acceptable standard as regards how it is being maintained,\n(c) for the Department to decide whether it considers that a high-consequence or medium-consequence reservoir is of an acceptable standard as regards how it is being maintained, taking account (as appropriate) of the following—\n(i) whether or not a pre-commencement inspection report contains a pre-commencement safety recommendation,\n(ii) whether or not an inspection report specifies any measure that should be taken in the interests of the safety of the reservoir or any other matter that the inspecting engineer recommends should be monitored by the supervising engineer until the next inspection of the reservoir,\n(iii) any inspection compliance certificate,\n(iv) any written statement by the supervising engineer under section 26(5) currently applicable and copied to the Department by virtue of section 26(6).\n(2) Regulations making provision referred to in subsection (1)(c) must—\n(a) require the Department to notify the reservoir manager of a high-consequence or medium-consequence reservoir of its decision as to whether or not it considers that the reservoir is of an acceptable standard as regards how it is being maintained and accordingly the standard frequency of visits that must be made to it by the supervising engineer,\n(b) provide that the reservoir manager may appeal to the Water Appeals Commission against the decision specified in the notice,\n(c) provide that the Commission may confirm or quash the decision,\n(d) provide that the decision in respect of which an appeal is made continues to have effect pending a decision being made in the appeal.\n(3) In subsection (1)(c)(ii), “the inspecting engineer” has the same meaning as in sections 35 and 36 (see section 35(6)(a)).\n\nVisual inspection directed under section 26(4)(a): further provision\n28—(1) The reservoir manager must comply with any direction under section 26(4)(a).\n(2) The reservoir manager must—\n(a) maintain a written record of each visual inspection carried out in pursuance of a direction under section 26(4)(a),\n(b) make the record available on request to the supervising engineer,\n(c) give notice to the supervising engineer and the Department of anything identified during any such visual inspection which might affect the safety of the reservoir.\n(3) Notice under subsection (2)(c) must be given as soon as is reasonably practicable after the visual inspection during which the thing was identified.\n\nNominated representative under section 26(7)(a): further provision\n29 A nominated representative of the supervising engineer under section26(7)(a)—\n(a) must be eligible to be commissioned as a supervising engineer for the reservoir,\n(b) while acting as the nominated representative of the engineer in the event of the supervising engineer being unavailable, has the powers of and is subject to the obligations of the supervising engineer.\n\nInspections etc. by inspecting engineer\n\nInspection timing: general requirements\n30—(1) Subject to subsection (2) and sections 31 and 32, the reservoir manager of a high-consequence or medium-consequence reservoir must secure that it is inspected by an inspecting engineer before the end of the period of one year beginning with the date on which the designation of the reservoir as such takes effect (see sections 19, 20(5) and 21(7)).\n(2) Subsection (1) does not apply where the controlled reservoir was, immediately before the designation of it as a medium-consequence reservoir took effect, designated as a high-consequence reservoir.\n(3) The reservoir manager of a high-consequence or medium-consequence reservoir must secure that it is inspected by an inspecting engineer at each of the following times—\n(a) at any time recommended by the supervising engineer by virtue of section 26(3),\n(b) subject to section 61, at any time recommended in an inspection report under section 35 (in accordance with section 35(4)(h)).\n(4) The reservoir manager of a high-consequence reservoir must in any event secure that it is inspected by an inspecting engineer before the end of the period of 10 years beginning with the date of the latest inspection.\n(5) An “inspecting engineer” is an engineer duly commissioned under section 34 to inspect a high-consequence or medium-consequence reservoir when required by this section or section 31 or 32 or to supervise the taking of a measure referred to in section 34(1)(b).\n\nInspection timing: reservoir subject to pre-commencement inspection report\n31—(1) Subject to subsection (5) and section 32, section 30(1) does not apply where—\n(a) a high-consequence or medium-consequence reservoir is the subject of a pre-commencement inspection report (see section 33(1)),\n(b) the Department is satisfied that—\n(i) the report contains a recommendation as to when (or by when) the next inspection of the reservoir should take place,\n(ii) the recommended next inspection would be due after the relevant date and within a period not exceeding 10 years from the date of the inspection to which the report relates.\n(2) Where section 30(1) does not apply by virtue of subsection (1), the reservoir manager must secure that the reservoir is inspected by an inspecting engineer at the time, after the relevant date, recommended in the report for the next inspection of the reservoir.\n(3) Subject to subsection (5) and section 32, section 30(1) does not apply where—\n(a) a high-consequence or medium-consequence reservoir is the subject of a pre-commencement inspection report,\n(b) the Department is satisfied that the report does not contain a recommendation as to when (or by when) the next inspection of the reservoir should take place.\n(4) Where section 30(1) does not apply by virtue of subsection (3), the reservoir manager must secure that the reservoir is inspected by an inspecting engineer before the end of the period of 10 years beginning with the date of the inspection which is the subject of the report.\n(5) Where the supervising engineer recommends by virtue of section 26(3) that the reservoir should be inspected at a time which is earlier than is required by subsection (2) or (4), the inspection which is due by virtue of that subsection is not required.\n(6) In this section, and sections 33 and 35, “the relevant date” means the date on which the designation of the controlled reservoir concerned as a high-consequence or medium-consequence reservoir takes effect.\n\nInspection timing: other qualifications\n32—(1) Where a construction engineer is required by section 43 to be commissioned to supervise relevant works for the purpose of a high-consequence or medium-consequence reservoir being discontinued or abandoned (within the meaning of Part 3) (see sections 41 and 42), any inspection which at the date of the commissioning is due by virtue of section 30 or 31 is not required.\n(2) Where a construction engineer is required by section 43 to be commissioned to supervise relevant works for the purpose of a high-consequence or medium-consequence reservoir being constructed or subject to alteration (but not for the purpose of it being discontinued or abandoned) (within the meaning of Part 3)—\n(a) any inspection which at the date of the commissioning is due by virtue of section 30 or 31 is not required,\n(b) the reservoir manager must secure instead that the reservoir is inspected by an inspecting engineer either—\n(i) before the end of the period of 2 years beginning with the date of the final certificate for the relevant works, or\n(ii) at such earlier time as may be recommended in the final certificate (in accordance with section 49(2)(b)).\n\nPre-commencement inspection report\n33—(1) A “pre-commencement inspection report” is a document, provided to the Department by the reservoir manager of a high-consequence or medium-consequence reservoir and in respect of which the Department is satisfied as to the following matters—\n(a) that it was prepared by a civil engineer who, at the time of the inspection to which it relates and throughout the preparation and completion of the document, was a member of such panel of civil engineers constituted under section 4(1) of the 1975 Act as the Department considers appropriate,\n(b) that it was prepared sufficiently in accordance with criteria that would have fallen to be applied in relation to an inspection under section 10 of that Act of a reservoir that was subject to that section,\n(c) that it is about an inspection of the reservoir which was carried out before the relevant date, but not more than 8 years before that date.\n(2) The Department must, as soon as is reasonably practicable after receiving a document under subsection (1) and, where it considers it appropriate to do so after consulting an engineer commissioned by it under this subsection, decide whether or not it is satisfied that the document is a pre-commencement inspection report.\n(3) An engineer may be commissioned under subsection (2) if the engineer—\n(a) is a member of a panel of reservoir engineers established under section 102 who may (by virtue of an order under that section) be commissioned under this section in relation to the reservoir,\n(b) is not disqualified by virtue of subsection (4) from being so commissioned in relation to the reservoir.\n(4) An engineer is disqualified from being commissioned under subsection (2) in relation to a high-consequence or medium-consequence reservoir if the engineer—\n(a) is an employee of any person who is a reservoir manager of the reservoir,\n(b) prepared the document provided in pursuance of subsection (1).\n(5) The Department must serve on the reservoir manager notice—\n(a) specifying its decision under subsection (2),\n(b) where its decision is that the document is not a pre-commencement inspection report, specifying the reasons for the decision,\n(c) giving information about the right under Schedule 1 to apply for a review by the Department of its decision under subsection (2), the procedure for making such an application and the period within which an application may be made.\n(6) Schedule 1 makes provision in relation to review of a decision under subsection (2).\n\nCommissioning of inspecting engineer etc.\n34—(1) The reservoir manager of a high-consequence or medium-consequence reservoir must commission an inspecting engineer—\n(a) to inspect the reservoir when inspection of it is required by section 30, 31 or 32,\n(b) to supervise the taking of any measure as mentioned in section 35(4)(e) or the taking of a pre-commencement safety recommendation.\n(2) The reservoir manager must, not later than 28 days after the commissioning, give notice of it to the Department.\n(3) A “pre-commencement safety recommendation” is a recommendation in a pre-commencement inspection report as to a measure the civil engineer who prepared the report considered to be required in the interests of the safety of the reservoir.\n(4) An engineer may be commissioned as an inspecting engineer if the engineer—\n(a) is a member of a panel of reservoir engineers established under section 102 who may (by virtue of an order under that section) be commissioned under this section as an inspecting engineer in relation to the reservoir,\n(b) is not disqualified by virtue of subsection (5) from being so commissioned in relation to the reservoir.\n(5) An engineer is disqualified from being commissioned as an inspecting engineer in relation to a high-consequence or medium-consequence reservoir if the engineer—\n(a) is an employee of any person who is a reservoir manager of the reservoir,\n(b) has previously been a construction engineer in relation to the reservoir.\n\nDuties etc. in relation to inspection\n35—(1) An inspecting engineer must—\n(a) inspect the reservoir,\n(b) give the reservoir manager, not later than 6 months after the completion of the inspection, an inspection report prepared in accordance with this section.\n(2) The reservoir manager must give the inspecting engineer a copy of—\n(a) the latest report (if any),\n(b) any pre-commencement inspection report certificate, interim inspection compliance certificate or inspection compliance certificate for the time being applicable to the reservoir,\n(c) any final certificate for the time being applicable to the reservoir.\n(3) A “pre-commencement inspection report certificate” is a certificate—\n(a) stating that a measure recommended in the pre-commencement report as a measure that should be taken in the interests of the safety of the reservoir has been taken,\n(b) signed and issued before the relevant date by a civil engineer who, at the time of signing, was a member of such panel of civil engineers constituted under section 4(1) of the 1975 Act as the Department considers appropriate.\n(4) The inspection report—\n(a) must—\n(i) specify any measure the inspecting engineer considers should be taken in the interests of the safety of the reservoir (including any such measure for the maintenance of the reservoir),\n(ii) direct the reservoir manager to ensure that the measure is taken,\n(b) may—\n(i) specify any matter that the inspecting engineer considers relevant to the maintenance of the reservoir (but in relation to which the engineer does not specify a measure (as to safety) under paragraph (a)),\n(ii) include any recommendation as regards the matter,\n(c) must specify whether any measure specified in the inspection report was specified in the latest report,\n(d) if any measure specified in the latest report has not been taken and the measure is not specified in the inspection report, must specify why the engineer considers the measure should no longer be taken,\n(e) must direct the reservoir manager to ensure that any measure which both—\n(i) is specified in the inspection report as a measure that should be taken in the interests of the safety of the reservoir, and\n(ii) is not a measure for its maintenance,\nis taken under the supervision of the inspecting engineer or, where permitted (by section 36(2)(a)) the other qualified engineer, and within the period of time specified in the inspection report,\n(f) must direct the reservoir manager to ensure that any measure which both—\n(i) is specified in the inspection report as a measure that should be taken in the interests of the safety of the reservoir, and\n(ii) is a measure for its maintenance,\nis monitored by the supervising engineer,\n(g) must specify any other matter that the inspecting engineer recommends should be monitored by the supervising engineer until the next inspection,\n(h) must specify when the inspecting engineer recommends the next inspection of the reservoir should take place,\n(i) if the inspecting engineer considers that the supervising engineer should visit the reservoir more frequently than is required of the supervising engineer by virtue of regulations made under section 27(1), must specify at what intervals, when, or in what circumstances, any additional visit should take place.\n(5) An inspecting engineer must, not later than 28 days after giving an inspection report under this section, give a copy of it to—\n(a) the Department,\n(b) the supervising engineer (if a different person).\n(6) In this section and section 36—\n(a) references to “the inspecting engineer” are references to the engineer duly commissioned for the time being as such under section 34 in relation to the reservoir,\n(b) references to “the latest report” are references to the inspection report of the latest inspection (if any) of the reservoir carried out under this section or the pre-commencement inspection report (if any) in relation to the reservoir (whichever is the later),\n(c) references to “the reservoir manager” are references to the reservoir manager of the reservoir which is being inspected.\n(7) In this Act, references to “the other qualified engineer”, “any other qualified engineer” or “other qualified engineer” are references to any engineer duly commissioned for the time being as such under section 36(2)(a) in relation to the reservoir; and references to “other qualified engineers” are to be construed accordingly.\n\nInspection reports: compliance\n36—(1) The reservoir manager must ensure that the following are complied with—\n(a)(subject to section 61) any direction in an inspection report given to the manager under section 35,\n(b) any pre-commencement safety recommendation.\n(2) The reservoir manager—\n(a) may commission any other qualified engineer (being a person eligible to be commissioned as an inspecting engineer for the reservoir) to supervise the taking of—\n(i) any measure specified in the inspection report prepared in accordance with section 35 as a measure that should be taken in the interests of the safety of the reservoir and which is not a measure for its maintenance,\n(ii) any pre-commencement safety recommendation.\n(b) must, as soon as is reasonably practicable after such commissioning, give notice of it to the Department.\n(3) Not later than 28 days after being satisfied that a measure which is directed (or recommended) as mentioned in subsection (1)has been taken—\n(a) the inspecting engineer, or\n(b) in relation to any such measure which the other qualified engineer is (and may be) commissioned to supervise, the other qualified engineer,\nmust give to the reservoir manager an interim inspection compliance certificate.\n(4) An interim inspection compliance certificate must specify—\n(a) the inspection report (or pre-commencement inspection report) to which it relates,\n(b) the measure taken,\n(c) any measure that has yet to be taken.\n(5) The inspecting engineer or (as appropriate) the other qualified engineer must, not later than 28 days after being satisfied that all of the measures directed in the inspection report (or all pre-commencement safety recommendations) have been taken, give the reservoir manager an inspection compliance certificate.\n(6) The engineer giving an inspection compliance certificate must take an interim compliance certificate given by another engineer under this Act or a pre-commencement inspection report certificate a copy of which is given to the engineer under section 35(2), to be conclusive of the measure specified in it (as a measure taken) as having been taken.\n(7) An inspection compliance certificate must specify—\n(a) the inspection report (or pre-commencement inspection report) to which it relates,\n(b) that all of the measures directed in the inspection report (or all pre-commencement safety recommendations) have been taken.\n(8) The inspecting engineer or (as appropriate) the other qualified engineer must, not later than 28 days after giving the reservoir manager an interim inspection compliance certificate or an inspection compliance certificate under this section, give the Department a copy of it.\n\nRecord keeping etc.\n\nRecording of water levels etc. and record keeping\n37—(1) The reservoir manager of a high-consequence or medium-consequence reservoir must maintain a record of the following matters in respect of the reservoir (“the recorded matters”) in accordance with this section—\n(a) water levels and depth of water in the reservoir, including the flow of water over any waste weir or overflow,\n(b) any leakage,\n(c) any repair,\n(d) any settlement of walls or other works,\n(e) such other matters as the Department may by regulations specify.\n(2) The Department may by regulations make provision as to—\n(a) the form of the record to be maintained,\n(b) the information to be included in relation to the recorded matters.\n(3) A supervising engineer, an inspecting engineer or a construction engineer commissioned in relation to the reservoir may give directions to the reservoir manager as to—\n(a) the manner in which the information referred to in subsection (2)(b) is to be recorded,\n(b) the intervals at which the record is to be updated.\n(4) The reservoir manager must comply with any directions under subsection (3).\n(5) A copy of a direction given under subsection (3) must be given by the engineer concerned to the Department.\n(6) The reservoir manager must install and maintain such instruments as may be necessary to provide the information to be recorded in relation to the recorded matters.\n(Sections 58 and 60 make further provision in relation to records (to be maintained by the reservoir managers of all controlled reservoirs) and associated offences.)\n\nOffences: supervision, inspection, record keeping\n\nOffences: supervision, inspection, record keeping\n38—(1) Failure by a reservoir manager of a high-consequence or medium-consequence reservoir to comply with any of the following requirements under this Part is an offence—\n(a) the requirements of section 25(2) (commissioning of supervising engineer),\n(b) the requirements of section 28(1) (compliance with direction of supervising engineer under section 26(4)(a) as to carrying out of visual inspection of reservoir),\n(c) the requirements of section section 28(2)(a) (maintenance of written record of each such visual inspection),\n(d) the requirements of section 28(2)(c) (notice to supervising engineer and Department of anything that might affect the safety of the reservoir identified during visual inspection directed under section 26(4)(a)),\n(e) the requirements of section 30, 31, 32 or 34(1)(a) or (b) (securing required inspections and supervision by inspecting engineer and commissioning of inspecting engineer),\n(f) the requirements of section 37 (including those of regulations under subsection (2) of that section) (recording of water levels and other matters).\n(2) A reservoir manager of a high-consequence or medium-consequence reservoir who fails, without reasonable excuse, to comply with any of the following requirements under this Part commits an offence—\n(a) the requirements of section 25(4) (notice to Department of commissioning of supervising engineer),\n(b) the requirements of section 26(8)(a) or (b) (giving supervising engineer copy of pre-commencement inspection report and any pre-commencement inspection report certificate),\n(c) the requirements of section 34(2) (notice to Department of commissioning of inspecting engineer),\n(d) the requirements of section 35(2) (giving inspecting engineer copy of latest report, any pre-commencement inspection report certificate, interim inspection compliance certificate, inspection compliance certificate and final certificate),\n(e) the requirements of section 36(2)(b) (notice to Department of commissioning of any other qualified engineer).\n(3) A reservoir manager guilty of an offence under subsection (1) or (2)—\n(a) in relation to a controlled reservoir which is, at the time the offence is committed, a high-consequence reservoir is liable on summary conviction to a fine not exceeding level 5 on the standard scale,\n(b) in relation to a controlled reservoir which is, at the time the offence is committed, a medium-consequence reservoir is liable on summary conviction to a fine not exceeding level 4 on the standard scale.\n\nOffence in connection with inspection: failure to secure compliance with safety direction or recommendation\n39—(1) Failure by a reservoir manager of a high-consequence or medium-consequence reservoir without lawful excuse to comply with the requirements of section 36(1) (ensuring compliance with direction in inspection report or pre-commencement safety recommendation as to taking of measure) is an offence.\n(2) A reservoir manager guilty of an offence under subsection (1)—\n(a) in relation to a controlled reservoir which is, at the time the offence is committed, a high- consequence reservoir is liable on summary conviction to a fine not exceeding level 5 on the standard scale,\n(b) in relation to a controlled reservoir which is, at the time the offence is committed, a medium-consequence reservoir is liable on summary conviction to a fine not exceeding level 4 on the standard scale.\n(3) Section 74 makes provision as to further remedies available on conviction of an offence referred to in subsection (1).\n\nDefences: offence under section 39(1)\n40 It is a defence to a charge in proceedings under section39(1) for the person to show both—\n(a) that the failure to comply with the requirement concerned was as a result of an event which could not reasonably have been foreseen or any natural cause or force majeure which was exceptional and could not reasonably have been foreseen, and\n(b) that the person—\n(i) took all practicable steps to prevent an uncontrolled release of water from the reservoir,\n(ii) took all practicable steps as soon as was reasonably practicable to rectify the failure,\n(iii) provided particulars of the failure to the Department as soon as practicable after the failure arose.\n\nPART 3 CONSTRUCTION OR ALTERATION OF CONTROLLED RESERVOIRS\n\nConstruction or alteration\nProspective\n\nApplication of Part 3 etc.\n41—(1) This Part applies where a controlled reservoir is to be constructed or subject to alteration.\n(2) Subsections (3) to (7) have effect for the purposes of this Part.\n(3) Any work for the purpose of restoring an existing structure or area (which has previously at any time been capable of holding 10,000 cubic metres or more of water above the natural level of any part of the surrounding land) so that it is capable of so holding such amount of water is to be treated as construction of a controlled reservoir.\n(4) Alteration of a controlled reservoir includes—\n(a) any work for the purpose of increasing or decreasing the capacity of a controlled reservoir,\n(b) any other work in relation to a controlled reservoir (including work which the Department is satisfied might affect its safety) which the Department may by regulations specify.\n(5) Alteration of a controlled reservoir amounts to discontinuance of a controlled reservoir where the alteration is for the purpose of making the reservoir incapable of holding 10,000 cubic metres of water above the natural level of any part of the surrounding land (but still capable of holding water above the natural level of any part of that land).\n(6) Alteration of a controlled reservoir amounts to abandonment of a controlled reservoir where the alteration is for the purpose of making the reservoir incapable of filling with water above the natural level of any part of the surrounding land.\n(7) Any reference to—\n(a) a controlled reservoir being constructed or subject to alteration is to be construed in accordance with this section,\n(b) a controlled reservoir being restored to use is to be construed as a reference to a controlled reservoir being constructed as mentioned in subsection (3),\n(c) a controlled reservoir being discontinued is to be construed as a reference to a controlled reservoir being subject to an alteration for the purpose referred to in subsection (5),\n(d) a controlled reservoir being abandoned is to be construed as a reference to a controlled reservoir being subject to an alteration for the purpose referred to in subsection (6).\n\nMeaning of “relevant works” for purposes of Act\n42 Any reference in this Act to “relevant works” is a reference to any workscarried out for the purpose of the construction or alteration of a controlled reservoir.\nProspective\n\nSupervision by construction engineer\n\nNotice to Department and commissioning of construction engineer\n43—(1) The reservoir manager of a controlled reservoir which is to be subject to relevant works must, not later than 28 days before the proposed relevant works begin, give notice to the Department of the proposed works.\n(2) The reservoir manager must, not later than 28 days before the proposed relevant works begin—\n(a) commission a construction engineer,\n(b) give notice to the Department of the commissioning.\n(3) A “construction engineer” is an engineer duly commissioned under this section to supervise the relevant works and the safety of the reservoir until a copy of the final certificate issued in respect of the works is given to the Department in accordance with section 49(8).\n(4) An engineer may be commissioned as a construction engineer if the engineer—\n(a) is a member of a panel of reservoir engineers established under section 102 who may (by virtue of an order under that section) be commissioned under this section in relation to the reservoir,\n(b) is not disqualified by virtue of subsection (5) from being commissioned as a construction engineer in relation to the reservoir.\n(5) An engineer is disqualified from being commissioned as a construction engineer in relation to the reservoir if the engineer—\n(a) is an employee of any person who is a reservoir manager of the reservoir,\n(b) has previously been an inspecting engineer in relation to the reservoir.\n(6) In sections 44 to 51—\n(a) references to “the construction engineer” are references to the engineer duly commissioned for the time being as such under this section in respect of the relevant works,\n(b) references to “the reservoir manager” are references to the reservoir manager of the controlled reservoir which is the subject of the relevant works.\n\nSupervision of relevant works and reservoir safety by construction engineer\n44—(1) The construction engineer must supervise the relevant works and the safety of the controlled reservoir in accordance with this section until a copy of the final certificate issued in respect of the works is given to the Department in accordance with section 49(8).\n(2) The engineer must—\n(a) inspect the reservoir,\n(b) design any construction or alteration,\n(c) give the reservoir manager a safety report prepared in accordance with section 45,\n(d) give the reservoir manager such further safety reports prepared in accordance with that section as the engineer considers appropriate.\n(3) A safety report—\n(a) given under subsection (2)(c) must be given as soon as is reasonably practicable after the construction engineer is commissioned,\n(b) given under subsection (2)(d) must be given as soon as is reasonably practicable after the construction engineer considers it appropriate to give the report.\n(4) A construction engineer must, not later than 28 days after giving a safety report under this section, give the Department a copy of it.\n\nSafety report\n45—(1) A safety report must—\n(a) specify any measure the construction engineer considers is necessary in the interests of the safety of the controlled reservoir,\n(b) direct the reservoir manager to ensure that any measure specified in the report is taken under the supervision of the construction engineer and within the period of time specified in the report,\n(c) where the reservoir manager is required to commission a supervising engineer, specify any matter that the construction engineer considers should be monitored by the supervising engineer until a final certificate is issued in respect of the relevant works,\n(d) include such other matters as the Department may by regulations specify.\n(2) Where a controlled reservoir—\n(a) is being constructed or restored to use,\n(b) is subject to alteration other than for the purposes of discontinuance or abandonment,\nthe measures must include in particular any measures the construction engineer considers should be taken before the reservoir may safely be used for the collection and storage of water.\n(3) Where a controlled reservoir is being discontinued, the measures must include in particular any measures the construction engineer considers are necessary to secure both—\n(a) that the resulting structure or area is incapable of holding 10,000 cubic metres of water above the natural level of any part of the surrounding land, and\n(b) since the resulting structure or area will still be capable of holding water above that natural level, that it may safely be used for the collection and storage of water.\n(4) Where a controlled reservoir is being abandoned, the measures must include in particular any measures the construction engineer considers are necessary to secure that the reservoir is incapable of filling with water above the natural level of any part of the surrounding land.\n\nSafety report: compliance\n46—(1) The reservoir manager of a controlled reservoir must (subject to section 61) ensure that any direction in a safety report given to the manager under section 44 is complied with.\n(2) The construction engineer must, not later than 28 days after being satisfied that each measure directed in the safety report has been taken, give the reservoir manager a safety measure certificate.\n(3) A safety measure certificate must specify—\n(a) the safety report to which it relates,\n(b) the measure taken,\n(c) any measure that has yet to be taken,\n(d) any measure that the construction engineer considers need no longer be taken.\n(4) A construction engineer must, not later than 28 days after giving a safety measure certificate under subsection (2), give the Department a copy of it.\n\nPreliminary certificate\n47—(1) Where the construction engineer is satisfied that the reservoir may safely be filled (wholly or partially) with water or that the level of water should be reduced, the engineer must, as soon as is reasonably practicable after being so satisfied, give the reservoir manager a preliminary certificate.\n(2) A preliminary certificate must—\n(a) specify a level (the “specified level”) that water in the reservoir must not exceed,\n(b) require the reservoir manager to ensure that the level of water does not exceed the specified level,\n(c) specify any requirement the engineer considers is appropriate as to the manner in which the level of water in the reservoir may be increased or decreased.\n(3) A construction engineer must, not later than 28 days after giving a preliminary certificate, give the Department a copy of it.\n(4) A subsequent preliminary certificate applicable to the reservoir replaces any previous preliminary certificate applicable to the reservoir in respect of the relevant works.\n(5) A preliminary certificate ceases to have effect on the issue of the final certificate applicable to the reservoir in respect of those works.\n\nConstruction certificate\n48—(1) The construction engineer must give the reservoir manager a construction certificate as soon as is reasonably practicable after being satisfied that the relevant works have been completed to a satisfactory standard.\n(2) The construction certificate must in any event be issued not later than the final certificate in respect of the relevant works.\n(3) A construction certificate must—\n(a) include an annex containing detailed drawings and descriptions giving full information about the relevant works, including the dimensions, water levels and details of the geological strata or deposits encountered in bore holes, trial holes or excavations made in connection with the works,\n(b) include such other information as the Department may by regulations specify,\n(c) certify that the relevant works have been executed satisfactorily in accordance with the drawings and descriptions included in the annex to the certificate.\n(4) The construction engineer must, not later than 28 days after giving a construction certificate, give the Department a copy of it (including any annex to it).\n\nFinal certificate\n49—(1) Where the relevant works have involved the controlled reservoir being constructed or subject to alteration but not discontinued or abandoned, the construction engineer must give the reservoir manager a final certificate not later than 28 days after being satisfied that the reservoir is sound and satisfactory and may safely be used for the collection and storage of water.\n(2) A final certificate given under subsection (1)—\n(a) must state that the engineer considers the reservoir is sound and satisfactory and may safely be used for the collection and storage of water,\n(b) where the reservoir is a high-consequence or medium-consequence reservoir and the construction engineer considers that there should be an early inspection of the reservoir, must state when the engineer recommends the inspection should take place,\n(c) where the reservoir is a high-consequence or medium-consequence reservoir, must specify any matter the construction engineer considers should be monitored, until the first or next inspection of the reservoir under this Act, by the supervising engineer for the time being commissioned in relation to the reservoir under section 25,\n(d) must impose the requirements mentioned in subsection (7).\n(3) Where the relevant works have involved the controlled reservoir being discontinued, the construction engineer must give the reservoir manager a final certificate, not later than 28 days after being satisfied—\n(a) that the discontinuance has been safely completed,\n(b) that the resulting structure or area is incapable of holding 10,000 cubic metres of water above the natural level of any part of the surrounding land,\n(c) that the resulting structure or area is sound and satisfactory and may safely be used for the collection and storage of water.\n(4) A final certificate given under subsection (3)must—\n(a) state that the construction engineer is satisfied as to the matters referred to in paragraphs (a) to (c) of that subsection,\n(b) impose the requirements mentioned in subsection (7).\n(5) Where the relevant works have involved the controlled reservoir being abandoned, the construction engineer must give the reservoir manager a final certificate, not later than 28 days after being satisfied—\n(a) that the abandonment has been safely completed,\n(b) that the resulting structure or area is incapable of filling with water above the natural level of any part of the surrounding land.\n(6) A final certificate issued under subsection (5) must state that the engineer is satisfied as to the matters referred to in paragraphs (a) and (b) of that subsection.\n(7) The requirements referred to in subsection (2)(d) and (4)(b) are—\n(a) that water in the reservoir must not exceed a level specified in the certificate (the “specified level”),\n(b) that the reservoir manager must ensure that the level of water does not exceed the specified level,\n(c) any requirements the construction engineer considers appropriate as to the manner in which the level of water in the reservoir may be increased or decreased.\n(8) The construction engineer must, not later than 28 days after issuing a final certificate, give the Department a copy of the certificate.\n(9) If a final certificate is not issued by the end of the period of 5 years beginning with the date of the first preliminary certificate, the construction engineer must—\n(a) not later than 28 days after the expiry of the 5 year period, give the reservoir manager a written statement of the reasons,\n(b) at intervals of not more than 12 months thereafter until the final certificate is issued, give the reservoir manager subsequent written statements of the reasons,\n(c) not later than 28 days after any such statement is given, give the Department a copy of the statement.\n\nPreliminary and final certificates: compliance\n50 The reservoir manager of a controlled reservoir must (subject to section62) ensure that the requirements of any preliminary certificate or final certificate for the time being applicable to the reservoir are complied with.\n\nTermination of supervision by construction engineer\n51 The obligation of the reservoir manager to commission a constructionengineer to supervise the relevant works and the safety of the controlled reservoir terminates when the construction engineer gives a copy of the final certificate issued by the engineer in respect of the works to the Department in accordance with section 49(8).\nProspective\n\nOffences: construction or alteration\n\nOffences: construction or alteration\n52—(1) Failure by a reservoir manager of a controlled reservoir to comply with the requirements in section 43(2)(a) (commissioning of construction engineer) is an offence.\n(2) A reservoir manager of a controlled reservoir who fails, without reasonable excuse, to comply with any of the following requirements under this Part commits an offence—\n(a) the requirements in section 43(1) (notice to the Department of proposed relevant works),\n(b) the requirements in section 43(2)(b) (notice to Department of commissioning of construction engineer).\n(3) A reservoir manager guilty of an offence under subsection (1) or (2)—\n(a) in relation to a controlled reservoir which is, at the time the offence is committed, a high-consequence reservoir is liable on summary conviction to a fine not exceeding level 5 on the standard scale,\n(b) in relation to any other controlled reservoir is liable on summary conviction to a fine not exceeding level 4 on the standard scale.\n\nOffences: failure to comply with safety direction in safety report, preliminary certificate or final certificate\n53—(1) Failure by a reservoir manager of a controlled reservoir without lawful excuse to comply with any of the following requirements under this Part is an offence—\n(a) the requirements in section 46(1) (ensuring compliance with direction in safety report as to taking of safety measure),\n(b) the requirements in section 50 (ensuring compliance with preliminary certificate or final certificate).\n(2) A reservoir manager guilty of an offence under subsection (1) is liable—\n(a) on conviction on indictment to imprisonment for a term not exceeding 2 years, or to a fine, or to both,\n(b) on summary conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both.\n(3) Section 74 makes provision as to further remedies available on conviction of an offence referred to in subsection (1)(a).\n\nDefences: offences under section 53(1)\n54 It is a defence to a charge in proceedings under section53(1) for the person to show both—\n(a) that the failure to comply with the requirements concerned was as a result of an accident which could not reasonably have been foreseen or natural cause or force majeure which was exceptional and could not reasonably have been foreseen, and\n(b) that the person—\n(i) took all practicable steps to prevent an uncontrolled release of water from the reservoir,\n(ii) took all practicable steps as soon as was reasonably practicable to rectify the failure,\n(iii) provided particulars of the failure to the Department as soon as practicable after the failure arose.\nProspective\n\nRelevant works underway at commencement\n\nControlled reservoirs subject to relevant works on the commencement date\n55—(1) This section applies in relation to a controlled reservoir which is, on the commencement date, subject to relevant works.\n(2) This Part, and sections 67 to 69 (in Part 6), apply on and after the commencement date in relation to any such controlled reservoir subject to the following modifications—\n(a) notice to the Department under section 43(1) of the relevant works must be given not later than 28 days after the commencement date,\n(b) a construction engineer must be commissioned under section 43(2)(a) not later than 28 days after the commencement date,\n(c) notice to the Department under section 43(2)(b) of the commissioning must be given not later than 28 days after the commissioning.\n(3) The Department may, in relation to any such controlled reservoir where it considers it appropriate to do so, extend the period of 28 days specified in subsection (2)(a) and (b) to such other period as it may, by notice served on the reservoir manager, specify.\n(4) In this section, “the commencement date” means the date of commencement of section 43.\nProspective\n\nPART 4 CONTROLLED RESERVOIRS: OTHER REQUIREMENTS\n\nIncident reporting\n56—(1) The Department may by regulations make provision for the reporting to it of incidents occurring at controlled reservoirs which meet criteria specified in, or otherwise determined in accordance with, the regulations.\n(2) The regulations may, in particular—\n(a) provide that the Department or another person—\n(i) may specify the criteria,\n(ii) is to determine whether a controlled reservoir meets the criteria,\n(b) define what constitutes an incident by reference to circumstances which adversely affect the safety of a controlled reservoir,\n(c) require the reservoir manager of a controlled reservoir or other person to notify the Department of any incident occurring at the reservoir and to provide the Department with a report on the incident,\n(d) provide for a supervising engineer, an inspecting engineer or other person to determine whether an incident has occurred,\n(e) require reservoir managers of controlled reservoirs, supervising engineers, inspecting engineers and any other person of a specified description to have regard to guidance issued by the Department,\n(f) make provision as to the publishing of incident reports,\n(g) confer powers of entry on any person duly authorised in writing by the Department in connection with its functions under the regulations,\n(h) make provision as to offences,\n(i) provide that any offence created is triable only summarily,\n(j) provide for any offence created—\n(i) which is committed in relation to a controlled reservoir which is, at the time the offence is committed, a high-consequence reservoir to be punishable on conviction by a fine not exceeding level 5 on the standard scale,\n(ii) which is committed in relation to any other controlled reservoir to be punishable on conviction by a fine not exceeding level 4 on the standard scale,\n(k) make provision in connection with ensuring remedial action is taken following an incident report, including provision amending this Act (other than this section) or applying this Act with modifications.\n(3) If it appears to the Secretary of State that the publication of, or giving access to, any incident report or any information in or relating to an incident report would adversely affect national security, the Secretary of State may by notice served on the reservoir manager concerned and any other person who has prepared the incident report, direct the manager and (as appropriate) the other person—\n(a) not to publish, or not to publish except as specified in the notice, the incident report, a copy of it or any information in or relating to it,\n(b) not to permit access to the incident report, a copy of it or any information in or relating to it, except as specified in the notice.\n(4) Notice under subsection (3) may also specify requirements as to the storage of the incident report and copies of it in the interests of national security.\n(5) Where notice under subsection (3) states that this subsection applies to any of the information specified in the notice (“the specified information”), the person on whom the notice is served must not give to any other person any indication of the existence of the specified information.\n(6) Any duty of a person under regulations made under subsection (1) to publish an incident report, a copy of such a report or any information in or relating to such a report does not apply to the extent that notice served on the person under subsection (3) requires the person not to do so.\n(7) Before making regulations under subsection (1), the Department must consult—\n(a) the reservoir managers of controlled reservoirs to which they consider the regulations will apply,\n(b) the Institution of Civil Engineers,\n(c) such other persons as it considers appropriate.\n\nFlood plans\n57—(1) The Department may by regulations make provision as to—\n(a) the preparation of flood plans for controlled reservoirs,\n(b) such other matters in relation to such flood plans as it considers appropriate.\n(2) A “flood plan” for a controlled reservoir is a plan setting out the action to be taken by the reservoir manager of the reservoir to which the plan relates in order to control or mitigate the effects of flooding likely to result from any escape of water from the reservoir.\n(3) Regulations under subsection (1) may include provision—\n(a) as regards who is to prepare a flood plan,\n(b) requiring the preparation of flood plans for all controlled reservoirs, or controlled reservoirs of such categories or types as may be determined by the Department,\n(c) allowing a single flood plan to be prepared in respect of 2 or more controlled reservoirs between which water does (or could) flow,\n(d) specifying—\n(i) the form in which a flood plan is to be prepared,\n(ii) what is to be included in a flood plan,\n(e) requiring the person preparing a flood plan to have regard to any guidance that may be issued by the Department as regards flood plans,\n(f) requiring flood plans to be produced or submitted to the Department (whether or not for approval) by such time as either—\n(i) the regulations specify, or\n(ii) the Department may direct,\n(g) as regards the approval of flood plans (whether by the Department, supervising engineers or inspecting engineers),\n(h) as regards the review and updating of flood plans,\n(i) as regards the publication or distribution of copies of—\n(i) a list of controlled reservoirs in relation to which a flood plan must be prepared by virtue of the regulations,\n(ii) flood plans,\n(j) in connection with the testing of flood plans,\n(k) in connection with the referral of matters to a referee,\n(l) requiring the reservoir manager of the reservoir to which a flood plan relates, so far as it is reasonably practicable to do so, to take action set out in the plan relating to the reservoir in the event of an incident or emergency,\n(m) providing that the Department may, in circumstances specified in the regulations, do anything that another person is required to do under the regulations and may recover the costs of doing so from the person,\n(n) conferring powers of entry on any person duly authorised in writing by the Department in connection with its functions under the regulations,\n(o) making provision in connection with paragraphs (k), (m) and (n) and subsection (4) amending this Act (other than this section) or applying this Act with modifications,\n(p) as to offences,\n(q) providing that any offence created is triable only summarily,\n(r) providing for any offence created—\n(i) which is committed in relation to a controlled reservoir which is, at the time the offence is committed, a high-consequence reservoir to be punishable on conviction by a fine not exceeding level 5 on the standard scale,\n(ii) which is committed in relation to any other controlled reservoir to be punishable on conviction by a fine not exceeding level 4 on the standard scale.\n(4) Regulations under subsection (1) containing provision entitling the Department to recover costs as referred to in subsection (3)(m) must provide for a right of appeal to the Water Appeals Commission against—\n(a) the Department's decision to require the person to pay the costs,\n(b) the Department's decision as to the amount of the costs.\n(5) The Commission may confirm, quash or vary the decision.\n(6) If it appears to the Secretary of State that the publication or distribution of, or giving access to, any flood plans or any information in or relating to flood plans would adversely affect national security, the Secretary of State may by notice served on each reservoir manager concerned and each other relevant person, direct the manager and other relevant person—\n(a) not to publish, or not to publish except as specified in the notice, the flood plan, a copy of it or any information in or relating to it,\n(b) not to distribute and not to permit access to the flood plan, a copy of it or any information in or relating to it, except as specified in the notice.\n(7) Notice under subsection (6) may also specify requirements as to the storage of the flood plan and copies of it in the interests of national security.\n(8) Where notice under subsection (6) states that this subsection applies to any of the information specified in the notice (“the specified information”), the person on whom the notice is served must not give to any other person any indication of the existence of the specified information.\n(9) For the purposes of subsection (6), a relevant person is a person (other than the Department)—\n(a) who is required, by virtue of regulations under subsection (1), to prepare, review or update the flood plan, provide, produce or submit it or publish or distribute copies of it,\n(b) who receives or may receive the flood plan or information in or relating to it.\n(10) Any duty of a person under regulations made under subsection (1) to publish a flood plan, a copy of such a plan or any information in or relating to such a plan does not apply to the extent that notice served on the person under subsection (6) requires the person not to do so.\n(11) Before making regulations under subsection (1), the Department must consult—\n(a) the reservoir managers of reservoirs for which they consider a flood plan will require to be prepared under the regulations,\n(b) the Institution of Civil Engineers,\n(c) such other persons as it considers appropriate.\n\nMaintenance of records\n58—(1) The reservoir manager of a controlled reservoir must maintain a record of relevant documents.\n(2) The record must include all of the relevant documents. (Sections 37 and 38 make provision as regards other records to be maintained by the reservoir managers of high-consequence and medium-consequence reservoirs and associated offences.)\n(3) Where the reservoir is a low-consequence reservoir, the record must in addition contain information about repairs to the reservoir in such form as the Department may by regulations require.\n(4) The relevant documents are—\n(a) any of the following which is given to the reservoir manager (or copied to the manager pursuant to section 70)—\n(i) a safety report, safety measure certificate, preliminary certificate, construction certificate or final certificate,\n(ii) a pre-commencement inspection report or an inspection report, interim inspection compliance certificate or inspection compliance certificate,\n(iii) a notice under section 26(2)(a) or (g), recommendation under section 26(3) or statement under section 26(5) (by a supervising engineer),\n(b) any flood plan currently applicable in respect of the reservoir which has been produced in respect of it in pursuance of regulations made under section 57.\n\nDisplay of emergency response information\n59—(1) The reservoir manager of a controlled reservoir must ensure that emergency response information is displayed at or near the reservoir.\n(2) Emergency response information is such information about the reservoir and the reservoir manager as may be specified by regulations by the Department.\n(3) The information that may be specified under subsection (2) includes in particular—\n(a) the name of the reservoir (if any),\n(b) any registration number in the controlled reservoirs register in respect of the reservoir,\n(c) the reservoir manager's name and address and information for the purpose of enabling a person to contact the reservoir manager in the event of an emergency,\n(d) where the reservoir is a high-consequence reservoir or medium-consequence reservoir, information for the purpose of enabling a person to contact the Department in the event of an emergency.\n(4) The Department may by notice served on reservoir managers of controlled reservoirs give them directions to as to—\n(a) the manner in which emergency response information is to be displayed,\n(b) each location at which it is to be displayed.\n(5) Directions under subsection (4) may be general or specific.\n(6) The reservoir manager of a controlled reservoir must comply with any direction by the Department under subsection (4).\n\nOffences under Part 4\n60—(1) A person who fails, without reasonable excuse, to comply with any of the following requirements under this Part commits an offence—\n(a) the requirements of a notice under subsection (3) of section 56 (publication etc. of incident reports and national security) or subsection (5) of that section in so far as subsection (5) applies in relation to the notice,\n(b) the requirements of a notice under subsection (6) of section 57 (publication etc. of flood plans and national security) or subsection (8) of that section in so far as subsection (8) applies in relation to the notice,\n(c) the requirements of section 58 (maintenance of records),\n(d) the requirements of section 59(1) or (6) (display of emergency response information).\n(2) A person does not commit an offence under subsection (1) where the person fails to comply with the requirements referred to in paragraph (a) or (b) of that subsection in order to comply with any other duty imposed on the person by virtue of any of the following—\n(a) the Environmental Information Regulations 2004,\n(b) the Freedom of Information Act 2000,\n(c) a constable acting in the course of the constable's duties,\n(d) an order of a court of competent jurisdiction.\n(3) A person guilty of an offence under subsection (1)—\n(a) in relation to a controlled reservoir which is, at the time the offence is committed, a high-consequence reservoir is liable on summary conviction to a fine not exceeding level 5 on the standard scale,\n(b) in relation to any other controlled reservoir is liable on summary conviction to a fine not exceeding level 4 on the standard scale.\nProspective\n\nPART 5 DISPUTE REFERRAL\n\nReferral to referee: directions in safety report or inspection report\n61—(1) This section applies where—\n(a) a safety report contains a direction by a construction engineer,\n(b) an inspection report contains a direction by an inspecting engineer referred to in—\n(i) section 35(4)(a)(ii) (to ensure taking of measure in interests of safety of reservoir),\n(ii) section 35(4)(e) of that section (to ensure supervision by an inspecting engineer or other qualified engineer of taking of certain measures),\n(iii) section 35(4)(f) of that section (to ensure monitoring by supervising engineer of taking of certain measures),\n(c) an inspection report contains a recommendation by an inspecting engineer as to when the next inspection of the reservoir should take place.\n(2) The reservoir manager to whom the report is given may challenge the direction, or recommendation, by referring it to a referee in accordance with regulations made under section 66(1).\n(3) Where a referral is made under subsection (2), the direction or recommendation is suspended until the reference has been determined or withdrawn.\n\nReferral to referee: requirements in preliminary certificate or final certificate\n62—(1) The reservoir manager to whom a preliminary certificate or final certificate is given may challenge any of the matters mentioned in subsection (2) by referring it to a referee in accordance with regulations made under section 66(1).\n(2) The matters are—\n(a) the level of water specified in the preliminary certificate in accordance with section 47(2)(a),\n(b) any requirement specified in the preliminary certificate in accordance with section 47(2)(c) (manner of increasing or decreasing level of water),\n(c) any recommendation contained in the final certificate in accordance with section 49(2)(b) (as to when next inspection of reservoir should take place),\n(d) any matter specified in the final certificate in accordance with section 49(2)(c) (monitoring of matters by supervising engineer),\n(e) any requirement imposed in the final certificate in accordance with section 49(7)(a) or (c) (maximum level and manner of increasing or decreasing level of water).\n(3) Where a referral is made under subsection (1), the matter referred is suspended until the reference has been determined or withdrawn.\n\nCommissioning of referee\n63—(1) The referee must be an engineer commissioned under this section either—\n(a) by agreement between the reservoir manager and the relevant engineer, or\n(b) where no agreement is reached, by the Institution of Civil Engineers.\n(2) An engineer may be commissioned as a referee if the engineer—\n(a) is a member of a panel of reservoir engineers established under section 102 who may (by virtue of an order under that section) be commissioned under this section in relation to the reservoir,\n(b) is not disqualified by virtue of subsection (3) from being commissioned under this section in relation to the reservoir concerned.\n(3) An engineer is disqualified from being commissioned under this section in relation to the reservoir if the engineer—\n(a) is, or has previously been, an employee of any person who is, or has previously been, a reservoir manager of the reservoir,\n(b) has previously been an inspecting engineer or a construction engineer in relation to the reservoir,\n(c) is connected (as a partner, employer, employee or fellow employee in a civil engineering business) with a person who has previously been an inspecting engineer or a construction engineer in relation to the reservoir.\n(4) In this section and sections 64 and 65, “the relevant engineer” means the inspecting engineer or construction engineer who gave the direction or recommended, specified or imposed the matter which is the subject of the referral.\n\nPowers of referee: referral under section 61(2)\n64—(1) This section applies where a referral is made under section 61(2).\n(2) The referee may make such modifications (if any) as the referee considers appropriate to the direction or recommendation.\n(3) Where the referee makes any such modification, the referee—\n(a) must modify the report which contains the direction or recommendation,\n(b) where the report is a safety report, must make any necessary modification to any safety measure certificate given in relation to the report,\n(c) where the report is an inspection report and the referral was made in respect of a direction in it as to ensuring the taking of a measure in the interests of the safety of the reservoir, must make any necessary modification to any interim inspection compliance certificate given in relation to the report.\n(4) The referee must take the steps mentioned in subsection (5) not later than 28 days after making a decision under subsection (2).\n(5) The steps are—\n(a) to give the reservoir manager and the relevant engineer a certificate (a “referral certificate”) stating—\n(i) whether the referee has modified the report,\n(ii) any modification made,\n(b) where the referee has modified the report or any safety measure certificate or interim inspection compliance certificate, to give the reservoir manager and the relevant engineer a copy of the modified report and any such modified certificate,\n(c) to give the Department a copy of the referral certificate and any modified report and any such modified safety measure certificate or interim inspection compliance certificate.\n(6) A direction, recommendation, report, safety measure certificate or interim inspection compliance certificate modified under this section has effect as so modified.\n(7) In subsection (3)(b) and (c), “any necessary modification” means any modification the referee considers is necessary in relation to any measure specified in the certificate as a measure yet to be taken.\n\nPowers of referee: referral under section 62(1)\n65—(1) This section applies where a referral is made under section 62(1).\n(2) The referee may make such modifications (if any) as the referee considers appropriate to the matter referred.\n(3) Where the referee makes any such modification, the referee must modify the certificate which contains the matter.\n(4) The referee must take the steps mentioned in subsection (5) not later than 28 days after making a decision under subsection (2).\n(5) The steps are—\n(a) to give the reservoir manager and the relevant engineer a certificate (a “referral certificate”) stating—\n(i) whether the referee has modified the certificate,\n(ii) any modification made,\n(b) where the referee has modified the certificate, to give the reservoir manager and the relevant engineer a copy of the modified certificate,\n(c) to give the Department a copy of the referral certificate and any modified preliminary certificate or final certificate.\n(6) A preliminary certificate or final certificate modified under this section has effect as so modified.\n\nProcedure etc.\n66—(1) Regulations by the Department may make provision as to—\n(a) the time within which a referee may be commissioned under section 63,\n(b) the time within which a request to the Institution of Civil Engineers for the commissioning of a referee under that section may be made,\n(c) the procedure (including the manner) of the request,\n(d) the procedure in a referral before a referee,\n(e) the costs of the investigation and proceedings (including the remuneration of the referee).\n(2) Subject to the provisions of regulations under subsection (1), the costs of any investigation and proceedings (including the remuneration of the referee) are to be paid by the reservoir manager who makes the referral.\n\nPART 6 CIVIL ENFORCEMENT, EMERGENCY POWERS AND FURTHER OFFENCES\nProspective\n\nEnforcement of commissioning of engineers\n\nEnforcement notice: commissioning of engineers\n67—(1) This section applies in relation to a controlled reservoir where it appears to the Department that—\n(a) the reservoir manager is required by section 25(2) to commission a supervising engineer, but no supervising engineer is for the time being commissioned,\n(b) the reservoir manager is required by section 34(1) to commission an inspecting engineer, but no inspecting engineer is for the time being commissioned,\n(c) the reservoir manager is required by section 43(2)(a) to commission a construction engineer, but no construction engineer is for the time being commissioned.\n(2) The Department may by notice (“the notice”) served on the reservoir manager of the reservoir require the manager—\n(a) to commission the relevant engineer before the end of the period of 28 days beginning with the day on which the notice is given (unless the reservoir manager has already commissioned the relevant engineer),\n(b) before the expiry of such period as is specified in the notice, to give notice to the Department of the commissioning (whether it was made before or after the notice was given).\n(3) In subsection (2)(a) and sections 69 and 70, “the relevant engineer” is a supervising engineer, an inspecting engineer or (as appropriate) a construction engineer.\n\nOffence: failure to comply with notice under section 67(2)\n68—(1) Failure to comply with the requirements of a notice by the Department under the following sections is an offence—\n(a) section 67(2)(a) (requirement to commission supervising engineer, inspecting engineer or construction engineer),\n(b) section 67(2)(b) (notice to Department of commissioning).\n(2) A reservoir manager guilty of an offence under subsection (1)(a) or (b) is liable—\n(a) on conviction on indictment to imprisonment for a term not exceeding 2 years, or to a fine, or to both,\n(b) on summary conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both.\n\nCommissioning of engineer by Department\n69—(1) The Department may commission a relevant engineer where—\n(a) it has by notice under section 67(2) required a reservoir manager to do so,\n(b) the reservoir manager has failed to do so.\n(2) Any commissioning of a relevant engineer under this section is to be treated for the purposes of this Act as if the commissioning were by the reservoir manager under section 25(2), 34(1) or 43(2)(a).\n(3) The commissioning of a relevant engineer under this section—\n(a) has no effect if the reservoir manager has already commissioned a relevant engineer,\n(b) terminates with effect from the date of the subsequent commissioning of a relevant engineer by the reservoir manager.\n(4) If the Department considers it appropriate to do so, it may by notice served on the reservoir manager require the manager to pay the Department such amount of the costs reasonably incurred by it in pursuance of the exercise of its powers under this section as is specified in the notice.\n(5) Subject to section 76, the reservoir manager must pay the amount of any costs so incurred and specified in such notice.\n\nCommissioning by the Department: engineers' reports, certificates, recommendations etc.\n70 Where the Department commissions a relevant engineer under section69, the following are to be given to the Department (instead of being given to the reservoir manager) and copied to the reservoir manager, not later than 28 days after being given to the Department—\n(a) where the relevant engineer is a supervising engineer, any notice under section 26(2)(a) or (g), recommendation under section 26(3) or statement under section 26(5) by the supervising engineer,\n(b) where the relevant engineer is an inspecting engineer, any inspection report, interim inspection compliance certificate or inspection compliance certificate by the inspecting engineer,\n(c) where the relevant engineer is a construction engineer, any safety report, safety measure certificate, preliminary certificate, construction certificate or final certificate by the construction engineer.\nProspective\n\nEnforcement of taking of safety measures\n\nEnforcement notice: safety measures\n71—(1) This section applies in relation to a controlled reservoir where it appears to the Department that the reservoir manager has failed to comply with—\n(a) the manager's duty under section 36(1) (to ensure compliance with a direction in an inspection report or a pre-commencement safety recommendation),\n(b) the manager's duty under section 46(1) (to ensure compliance with a direction in a safety report).\n(2) The Department may by notice served on the reservoir manager require the manager to comply with the duty before the end of the period specified in the notice.\n(3) The Department must consult an engineer commissioned by it under this section about the period to be specified in the notice.\n(4) An engineer may be commissioned under this section, or section 73, if the engineer is a member of a panel of reservoir engineers established under section 102 who may (by virtue of an order under that section) be commissioned under this section or section 73 in relation to the reservoir.\n(5) Notice under subsection (2) must—\n(a) specify the measure that the Department requires to be taken,\n(b) state the Department's reasons for considering that this section applies,\n(c) specify any particular steps the Department considers must be taken as respects the measures.\n(6) If the Department considers it appropriate to do so, it may by notice served on the reservoir manager require the manager to pay the Department such amount of the costs reasonably incurred by it in connection with consultation under this section as is specified in the notice.\n(7) Subject to section 76, the reservoir manager must pay the amount of any costs so incurred and specified in such notice.\n\nOffence: failure to comply with notice under section 71(2)\n72—(1) Failure to comply with a notice by the Department under section 71(2) is an offence.\n(2) A reservoir manager guilty of an offence under subsection (1) is liable—\n(a) on conviction on indictment to imprisonment for a term not exceeding 2 years, or to a fine, or to both,\n(b) on summary conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both.\nProspective\n\nDepartment arranging taking of safety measures\n\nDepartment's power to arrange taking of safety measures\n73—(1) This section applies where the Department has by notice under section 71(2) required a reservoir manager to take a measure and the reservoir manager has failed to do so.\n(2) The Department may arrange for the taking of the measure under the supervision of an engineer commissioned by it under this section.\n(3) Where the engineer is satisfied that the measure has been taken, the engineer must give a certificate to that effect to the Department.\n(4) A certificate given under subsection (3) in respect of a measure which is the subject of a direction referred to in section 35(4)(a)(ii) (direction in inspection report to ensure taking of measure in interests of safety of reservoir), or in respect of a pre-commencement safety recommendation, has effect as if it were an interim inspection compliance certificate or (as appropriate) an inspection compliance certificate.\n(5) A certificate given under subsection (3) in respect of a direction in a safety report as to a measure referred to in section 45(1)(a) (measure in interests of safety of reservoir) has effect as if it were a safety measure certificate.\n(6) If the Department considers it appropriate to do so, it may by notice served on the reservoir manager require the manager to pay the Department such amount of the costs reasonably incurred by it in making arrangements under this section as is specified in the notice.\n(7) Subject to section 76, the reservoir manager must pay the amount of any costs so incurred and specified in such notice.\nProspective\n\nConviction of certain offences involving safety matters: further remedies\n\nOffence under section 39(1) or 53(1)(a): further remedies\n74—(1) This section applies where a reservoir manager is convicted of an offence under—\n(a) section 39(1) (failure to ensure compliance with direction in inspection report or pre-commencement safety recommendation),\n(b) section 53(1)(a) (failure to comply with direction in safety report).\n(2) The court may, in addition to or instead of imposing any penalty that may be imposed under section 39(2) or 53(2) order the reservoir manager to take such steps as may be specified in the order, before the expiry of such period as is so specified—\n(a) to secure compliance with the direction or recommendation concerned,\n(b) to secure the remedying or mitigating of the effects of the failure to comply with the direction or recommendation.\n(3) The court may—\n(a) on an application made before the end of the period specified under subsection (2), by order extend the period to such extended period as is specified in the order,\n(b) on an application made before the end of the extended period, by order further extend the period to such further extended period as is specified in the order,\n(c) by order grant further extensions of the latest period specified by it by order under paragraph (b), on an application made before the end of the latest period.\nProspective\n\nDepartment's powers in emergency\n\nEmergency powers\n75—(1) This section applies where it appears to the Department that immediate action is needed to protect persons or property against an escape of water from a controlled reservoir (whether or not the reservoir is in use).\n(2) The Department may take any measures that it considers necessary—\n(a) to remove or reduce the risk to persons or property,\n(b) to mitigate the effect of an escape of water.\n(3) The Department must—\n(a) commission an engineer to make recommendations about any measures to be taken under this section,\n(b) arrange for the measures to be taken under the supervision of the commissioned engineer.\n(4) An engineer may be commissioned under this section if the engineer is a member of a panel of reservoir engineers established under section 102 who may (by virtue of an order under that section) be commissioned under this section in relation to the reservoir.\n(5) The Department must serve notice on the reservoir manager of the measures to be taken under this section.\n(6) Notice under subsection (5)—\n(a) must be served as soon as is reasonably practicable (which may be after any works have begun), but\n(b) is not required if the Department is unable after reasonable enquiry to ascertain the name and address of the reservoir manager and the works have commenced.\n(7) If the Department considers it appropriate to do so, it may by notice served on the reservoir manager require the manager to pay the Department such amount of the costs reasonably incurred by it in relation to the exercise of its powers under this section as is specified in the notice.\n(8) Subject to section 76, the reservoir manager must pay the Department the amount of any costs so incurred and specified in such notice.\nProspective\n\nRecovery of costs under section 69, 71, 73 or 75: appeal\n\nRecovery of costs under section 69, 71, 73 or 75: appeal\n76—(1) A reservoir manager required by virtue of notice served by the Department under section 69(4), 71(6), 73(6) or 75(7) to pay the Department's costs referred to in the section may appeal to the Water Appeals Commission against—\n(a) the Department's decision to require the manager to pay the costs,\n(b) the Department's decision as to the amount of the costs.\n(2) The Commission may confirm, quash or vary the decision.\nProspective\n\nStop notices\n\nStop notices\n77—(1) The Department may by regulations make provision as to the serving by it of stop notices on reservoir managers of controlled reservoirs.\n(2) Before making regulations under subsection (1), the Department must consult in accordance with section 90.\n(3) A stop notice is a notice prohibiting a reservoir manager of a controlled reservoir from doing any of the following until the manager has taken the steps specified in the notice—\n(a) carrying on an activity specified in the notice,\n(b) permitting the carrying on by another of an activity so specified.\n(4) Regulations under subsection (1) may confer power to serve a stop notice only in relation to a case where either—\n(a) the reservoir manager is carrying on the activity, or the activity is being carried on by another with the permission of the manager, and the Department reasonably considers that the activity as so carried on either—\n(i) presents a risk to the safety of the reservoir that may result in an uncontrolled release of water from it, or\n(ii) involves or is likely to involve the commission of an offence under this Act,\nor\n(b) the Department considers that the reservoir manager is likely to carry on, or permit the carrying on of, the activity and that the activity as likely to be so carried on either—\n(i) will present a risk to the safety of the reservoir that may result in an uncontrolled release of water from it, or\n(ii) will involve, or is likely to involve, the commission of an offence under this Act.\n(5) Where the regulations confer power to serve a stop notice in a case where the Department reasonably considers as is specified in subsection (4)(a)(i) or (b)(i) (risk to safety)—\n(a) the Department must, before it exercises the power—\n(i) at its own expense commission an engineer who is a member of a panel of reservoir engineers established under section 102 who may (by virtue of an order under that section) be commissioned under this section in relation to the reservoir,\n(ii) take into account any recommendation made by the engineer about the stop notice,\n(b) the steps specified in any such stop notice (in pursuance of subsection (3)) must be steps to remove or reduce the risk referred to in subsection (4)(a)(i) or (b)(i).\n(6) For the purposes of this section, permission includes acquiescence; and references to “permitting” and “permit” are to be construed accordingly.\n\nStop notices: content and procedure\n78—(1) Regulations made under section 77(1) must secure the results in subsection (2) in a case where a stop notice is served.\n(2) The results are that—\n(a) the stop notice must include information as to the matters specified in subsection (3),\n(b) the reservoir manager on whom the notice is served may appeal to the Water Appeals Commission against the decision to serve it,\n(c) where, after serving the stop notice, the Department is satisfied that the manager has taken the steps specified in the notice, the Department must give a certificate to that effect (a “completion certificate”),\n(d) the stop notice ceases to have effect on the giving of a completion certificate,\n(e) the reservoir manager on whom the stop notice is served may at any time apply for a completion certificate,\n(f) the Department must make a decision as to whether to give a completion certificate before the end of the period of 14 days beginning with the day on which the application for the certificate is made,\n(g) the reservoir manager on whom the stop notice is served may appeal to the Water Appeals Commission against a decision not to give a completion certificate,\n(h) a stop notice in respect of which an appeal referred to in paragraph (b) or (g) is made continues to have effect pending a decision being made in the appeal.\n(3) The matters referred to in subsection (2)(a) are—\n(a) the grounds for serving the stop notice,\n(b) rights of appeal,\n(c) the consequences of non-compliance with the stop notice.\n(4) Provision pursuant to subsection (2)(b) must—\n(a) secure that the grounds on which a reservoir manager may appeal against a decision of the Department to serve a stop notice include that—\n(i) the decision was based on an error of fact,\n(ii) the decision was wrong in law,\n(iii) the decision was unreasonable,\n(iv) any step specified in the notice is unreasonable,\n(b) secure that the Commission may confirm, quash or vary the decision.\n(5) Provision pursuant to subsection (2)(g) must—\n(a) secure that the grounds on which a reservoir manager may appeal against a decision of the Department not to give a completion certificate include that—\n(i) the decision was based on an error of fact,\n(ii) the decision was wrong in law,\n(iii) the decision was unreasonable,\n(b) secure that the Commission may confirm or quash the decision.\n\nStop notices: compensation\n79 Provision under section 77(1)—\n(a) must include provision for the Department to compensate the reservoir manager for loss suffered as the result of the serving of the stop notice,\n(b) may provide for compensation only—\n(i) in cases specified by the regulations,\n(ii) in relation to descriptions of loss so specified,\n(c) must secure that the reservoir manager on whom the stop notice is served may appeal to the Water Appeals Commission against the following—\n(i) a decision of the Department not to award compensation,\n(ii) a decision of the Department as to the amount of the compensation,\n(d) must secure that the Commission may confirm, quash or vary the decision.\n\nStop notices: enforcement\n80—(1) Regulations under section 77(1) may provide that, where a reservoir manager on whom a stop notice is served does not comply with it, the manager commits an offence and is liable—\n(a) on summary conviction, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding £20,000, or to both,\n(b) on conviction on indictment—\n(i) for a first such offence, to imprisonment for a term not exceeding 12 months, or to a fine, or to both,\n(ii) for any subsequent such offence, to imprisonment for a term not exceeding 2 years, or to a fine, or to both.\n(2) Regulations made under section 77(1) must provide that it is a defence to a charge in proceedings for an offence created by the regulations for the person to show both—\n(a) that the failure to comply with the stop notice was as a result of either an accident which could not reasonably have been foreseen or natural cause or force majeure which was exceptional and could not reasonably have been foreseen, and\n(b) that the person—\n(i) took all practicable steps to prevent an uncontrolled release of water from the reservoir,\n(ii) took all practicable steps as soon as was reasonably practicable to rectify the failure,\n(iii) provided particulars of the failure to the Department as soon as practicable after the failure arose.\nProspective\n\nOther civil enforcement measures\n\nEnforcement undertakings\n81—(1) The Department may by regulations make provision—\n(a) as to the acceptance by it of an enforcement undertaking from a reservoir manager of a controlled reservoir in a case where the Department has reasonable grounds to suspect that the manager has committed an offence under this Act,\n(b) for the acceptance by it of the undertaking to have the required consequences of acceptance (see subsection (5)).\n(2) Before making regulations under subsection (1), the Department must consult in accordance with section 90.\n(3) An “enforcement undertaking” is a written undertaking to take such action as may be specified in the undertaking before the end of such period as may be so specified.\n(4) The action specified in an enforcement undertaking must be one or more of the following—\n(a) action to secure that the offence does not continue or recur,\n(b) action to secure that the position is, so far as possible, restored to what it would have been if the offence had not been committed,\n(c) action (including the payment of a sum of money) to benefit any person adversely affected by the offence,\n(d) such other action as may be described in the regulations.\n(5) The “required consequences of acceptance” are that, unless the reservoir manager from whom the undertaking is accepted has failed to comply with the undertaking or any part of it—\n(a) the reservoir manager may not at any time be convicted of the offence in respect of the act or omission to which the undertaking relates,\n(b) the Department may not impose on the manager any fixed monetary penalty in respect of the act or omission which it would otherwise have power to impose by virtue of section 83(1),\n(c) the Department may not impose on the manager any variable monetary penalty in respect of the act or omission which it would otherwise have power to impose by virtue of section 86(1).\n\nRegulations as to enforcement undertakings: further provision\n82 Regulations under section 81(1) may in particular include provision—\n(a) as to the procedure for entering into an undertaking,\n(b) as to the terms and conditions of an undertaking,\n(c) as to the publication by the Department of an undertaking,\n(d) as to the variation of an undertaking,\n(e) as to the circumstances in which a reservoir manager may be regarded as having complied with an undertaking,\n(f) as to the monitoring by the Department of compliance with an undertaking,\n(g) as to the certification by the Department that an undertaking has been complied with,\n(h) allowing an application for a review by the Department against refusal by it to give such certification,\n(i) as to a right of appeal to the Water Appeals Commission against a decision in a review,\n(j) for the grounds of any such appeal to include that—\n(i) the decision was based on an error of fact,\n(ii) the decision was wrong in law,\n(iii) the decision was unreasonable,\n(k) for the Commission to have power to confirm or quash the decision,\n(l) conferring powers of entry on any person duly authorised in writing by the Department in connection with its functions under the regulations,\n(m) in a case where a reservoir manager has given inaccurate, misleading or incomplete information in relation to the undertaking, for the manager to be regarded as not having complied with it,\n(n) in a case where a reservoir manager has complied partly but not fully with an undertaking, for the part-compliance to be taken into account in the imposition on the manager of any criminal or other sanction,\n(o) extending any period within which criminal proceedings may be instituted against a reservoir manager in respect of the offence in the event of breach of an undertaking or any part of it,\n(p) as to the creation of offences,\n(q) for any offence created to be triable only summarily,\n(r) for any offence created—\n(i) which is committed in relation to a controlled reservoir which is, at the time the offence is committed, a high-consequence reservoir to be punishable on conviction by a fine not exceeding level 5 on the standard scale,\n(ii) which is committed in relation to any other controlled reservoir to be punishable on conviction by a fine not exceeding level 4 on the standard scale,\n(s) for any defences to a charge in proceedings for such an offence to include in particular a defence for the person to show both—\n(i) that the failure to comply with the requirement concerned was as a result of either an accident which could not reasonably have been foreseen or natural cause or force majeure which was exceptional and could not reasonably have been foreseen, and\n(ii) that the person took all practicable steps to prevent an uncontrolled release of water from the reservoir, took all practicable steps as soon as was reasonably practicable to rectify the failure and provided particulars of the failure to the Department as soon as practicable after the failure arose.\n\nFixed monetary penalties\n83—(1) The Department may by regulations make provision about the imposition by it of fixed monetary penalties on reservoir managers of controlled reservoirs in relation to offences under this Act.\n(2) Before making regulations under subsection (1), the Department must consult in accordance with section 90.\n(3) A “fixed monetary penalty” is a requirement to pay to the Department a penalty of a specified amount (with payment attracting the results mentioned in paragraphs (a) and (b) of section 85(2)).\n(4) Regulations made under subsection (1) must provide that—\n(a) a fixed monetary penalty may be imposed only where the Department is satisfied beyond reasonable doubt that a reservoir manager has committed an offence under this Act,\n(b) a fixed monetary penalty is to be imposed by notice served on the reservoir manager concerned,\n(c) the amount of the penalty which may be imposed in relation to an offence may not exceed the maximum amount of the fine that may be imposed on summary conviction for the offence.\n(5) For the purposes of this section, and section 84, “specified” means specified in regulations made under subsection (1).\n\nFixed monetary penalties: procedure etc.\n84—(1) Regulations made under section 83(1) must secure the results mentioned in subsection (2).\n(2) The results are that—\n(a) where the Department proposes to impose a fixed monetary penalty on a reservoir manager, it must serve on the manager a notice of what is proposed (a “notice of intent”) which complies with subsection (3),\n(b) the notice of intent must also offer the manager the opportunity to discharge the manager's liability for the fixed monetary penalty by payment of a specified sum (which must be less than or equal to the amount of the penalty),\n(c) if the manager does not so discharge liability—\n(i) the manager may make written representations and objections to the Department in relation to the proposed imposition of the fixed monetary penalty,\n(ii) the Department must at the end of the period for making representations and objections decide whether to impose the fixed monetary penalty,\n(d) where the Department decides to impose the fixed monetary penalty, the notice imposing it (“the final notice”) must be served on the reservoir manager and comply with subsection (5),\n(e) the reservoir manager on whom a fixed monetary penalty is imposed may appeal to the Water Appeals Commission against the decision to impose it.\n(3) To comply with this subsection, the notice of intent must include information as to—\n(a) the grounds for the proposal to impose the fixed monetary penalty,\n(b) how payment to discharge the liability for a fixed monetary penalty may be made,\n(c) the effect of payment of the specified sum,\n(d) the right to make written representations and objections,\n(e) the circumstances in which the Department may not impose the fixed monetary penalty,\n(f) the period within which liability for the fixed monetary penalty may be discharged, which must not exceed the period of 28 days beginning with the day on which the notice of intent was served,\n(g) the period within which representations and objections may be made, which must not exceed that period of 28 days.\n(4) Provision to secure the result referred to in subsection (2)(c)(ii)—\n(a) must secure that the Department may not decide to impose a fixed monetary penalty on a reservoir manager where it is satisfied that the manager would not, by reason of any defence, be liable to be convicted of the offence in relation to which it was imposed,\n(b) may include provision for other circumstances in which the Department may not decide to impose a fixed monetary penalty.\n(5) To comply with this subsection, the final notice must include information as to—\n(a) the grounds for imposing the penalty,\n(b) how payment may be made,\n(c) the period within which payment must be made,\n(d) any early payment discounts or late payment penalties,\n(e) rights of appeal, including the grounds of appeal, the procedure for making an appeal and the period within which an appeal may be made,\n(f) the consequences of non-payment.\n(6) Provision to secure the result in subsection (2)(e) must—\n(a) secure that the grounds on which a reservoir manager may appeal against a decision of the Department include that—\n(i) the decision was based on an error of fact,\n(ii) the decision was wrong in law,\n(iii) the decision was unreasonable,\n(b) secure that the Commission may confirm or quash the decision.\n(7) Regulations under section 83(1) may provide that, where a fixed monetary penalty remains unpaid after the expiry of the period for payment of the penalty, it is recoverable as if it were payable under a court order.\n\nFixed monetary penalties: criminal proceedings and conviction etc.\n85—(1) Regulations made under section 83(1) must secure that, in a case where a notice of intent referred to in section 84(2)(a) is served on a reservoir manager—\n(a) no criminal proceedings for the offence to which the notice relates may be instituted against the manager in respect of the act or omission to which the notice relates before the end of the period in which the manager may discharge liability for the fixed monetary penalty pursuant to section 84(2)(b),\n(b) the Department may not, before the end of that period, serve a stop notice or impose a variable monetary penalty on the manager in respect of that act or omission,\n(c) if the manager so discharges liability—\n(i) the manager may not at any time be convicted of the offence in respect of that act or omission,\n(ii) the Department may not serve a stop notice on the manager in respect of the act or omission.\n(2) Regulations made under section 83(1) must also secure that, in a case where a fixed monetary penalty is imposed on a reservoir manager—\n(a) the manager may not at any time be convicted of the offence in respect of the act or omission giving rise to the penalty,\n(b) the Department may not serve a stop notice or impose a variable monetary penalty on the manager in respect of the act or omission giving rise to the penalty.\n\nVariable monetary penalties\n86—(1) The Department may by regulations make provision about the imposition by it of variable monetary penalties on reservoir managers of controlled reservoirs in relation to offences under this Act.\n(2) Before making regulations under subsection (1), the Department must consult in accordance with section 90.\n(3) A “variable monetary penalty” is a requirement to pay to the Department a penalty of such amount as it may in each case determine (but not exceeding the maximum fine for which a person convicted of the offence concerned may be made liable on summary conviction).\n(4) Regulations made under subsection (1)—\n(a) must provide that variable monetary penalties—\n(i) may be imposed only where the Department is satisfied beyond reasonable doubt that a reservoir manager has committed an offence under this Act,\n(ii) may not be imposed on a reservoir manager on more than one occasion in relation to the same act or omission,\n(iii) are to be imposed by notice served on the reservoir manager concerned,\n(b) may provide that variable monetary penalties may be imposed in addition to any requirement referred to in section 67(2) or 71(2).\n\nVariable monetary penalties: procedure etc.\n87—(1) Regulations made under section 86(1) must secure the results mentioned in subsection (2).\n(2) The results are that—\n(a) where the Department proposes to impose a variable monetary penalty on a reservoir manager, it must serve on the manager a notice of what is proposed (a “notice of intent”) which complies with subsection (3),\n(b) the reservoir manager may make written representations and objections to the Department in relation to the proposed imposition,\n(c) after the end of the period for making such representations and objections, the Department must decide whether to impose the variable monetary penalty (with or without modifications),\n(d) where the Department decides to impose a variable monetary penalty, the notice (the “final notice”) must be served on the reservoir manager and comply with subsection (6),\n(e) the reservoir manager on whom a variable monetary penalty is imposed may appeal to the Water Appeals Commission against the decision to impose it.\n(3) To comply with this subsection, the notice of intent must include information as to—\n(a) the grounds for the proposal to impose the variable monetary penalty,\n(b) the right to make representations and objections,\n(c) the circumstances in which the Department may not impose the variable monetary penalty,\n(d) the period within which representations and objections may be made, which must not exceed the period of 28 days beginning with the day on which the notice of intent was served.\n(4) Provision to secure the result in subsection (2)(c)—\n(a) must secure that the Department may not decide to impose a variable monetary penalty on a reservoir manager where it is satisfied that the manager would not, by reason of any defence, be liable to be convicted of the offence in relation to which it was imposed,\n(b) may include provision for other circumstances in which the Department may not decide to impose a variable monetary penalty.\n(5) Provision to secure the result in subsection (2)(c) must also include provision for—\n(a) the reservoir manager on whom the notice of intent is served to be able to offer a written undertaking as to action to be taken by the manager (including the payment of a sum of money) to benefit any person affected by the offence,\n(b) the Department to be able to accept or reject such an undertaking,\n(c) the Department to take any undertaking so accepted into account in its decision.\n(6) To comply with this subsection, the final notice must include information as to—\n(a) the grounds for imposing the variable monetary penalty,\n(b) how payment may be made,\n(c) the period within which payment must be made,\n(d) any early payment discounts or late payment penalties,\n(e) rights of appeal, including the grounds of appeal, the procedure for making an appeal and the period within which an appeal may be made,\n(f) the consequences of non-payment.\n(7) Provision to secure the result in subsection (2)(e) must—\n(a) secure that the grounds on which a reservoir manager may appeal against a decision of the Department include that—\n(i) the decision was based on an error of fact,\n(ii) the decision was wrong in law,\n(iii) the amount of the variable monetary penalty was unreasonable,\n(iv) the decision was unreasonable for any other reason,\n(b) secure that the Commission may confirm or quash the decision.\n(8) Regulations under section 86(1) may provide that, where a variable monetary penalty remains unpaid after the expiry of the period for payment of the penalty, it is recoverable as if it were payable under a court order.\n\nVariable monetary penalties: criminal proceedings and conviction\n88—(1) Regulations made under section 86(1) must secure the result mentioned in subsection (2) where—\n(a) a variable monetary penalty is imposed on a reservoir manager,\n(b) an undertaking referred to in section 87(5) is accepted from a reservoir manager (whether or not a variable monetary penalty is also imposed).\n(2) The result is that the reservoir manager may not at any time be convicted of the offence in respect of the act or omission giving rise to the variable monetary penalty or undertaking, except where the following applies—\n(a) an undertaking referred to in section 87(5) is accepted from the manager,\n(b) the manager fails to comply with the undertaking.\n(3) Regulations under section 86(1) may, for the purposes of the circumstances referred to in paragraphs (a) and (b) of subsection (2), extend any period within which criminal proceedings may be instituted against the reservoir manager.\n\nUndertaking referred to in section 87(5): enforcement\n89—(1) Regulations under section 86(1) may include provision for a reservoir manager to pay a monetary penalty (a “non-compliance penalty”) to the Department if the manager fails to comply with an undertaking referred to in section 87(5).\n(2) The regulations—\n(a) may specify the amount of the non-compliance penalty and provide for the amount to be—\n(i) determined by the Department or determined in any other way,\n(ii) calculated by reference to criteria specified in the regulations, but\n(b) may not specify an amount which exceeds, or make provision under which the amount may be calculated or determined so as to exceed, the maximum fine for which a person convicted of the offence may be made liable on summary conviction.\n(3) Provision pursuant to subsection (1) must secure that—\n(a) the non-compliance penalty is imposed by notice complying with subsection (4), served by the Department on the reservoir manager,\n(b) the reservoir manager on whom it is imposed may appeal to the Water Appeals Commission against the notice.\n(4) To comply with this subsection, the notice must include information as to—\n(a) the amount of the penalty,\n(b) how the amount is determined or calculated,\n(c) the undertaking that has not been complied with,\n(d) how payment of the penalty may be made,\n(e) the right of appeal, including the grounds of appeal, the procedure for making an appeal and the period within which an appeal may be made,\n(f) the consequences of non-payment.\n(5) Provision conferring a right of appeal must—\n(a) secure that the grounds on which a reservoir manager may appeal against a notice referred to in subsection (3)(a) include the following—\n(i) that the decision to give the notice was based on an error of fact,\n(ii) that the decision was wrong in law,\n(iii) that the decision was unreasonable (including that the amount was unreasonable),\n(b) secure that the Commission may confirm or quash the decision.\n(6) Regulations under section 86(1) may provide that, where a reservoir manager on whom a non-compliance penalty is imposed does not pay the penalty, the penalty is recoverable as if it were payable under a court order.\nProspective\n\nMiscellaneous\n\nConsultation in relation to regulations under sections 77(1), 81(1), 83(1) and 86(1)\n90—(1) The consultation required by sections—\n(a) 77(2) (stop notices),\n(b) 81(2) (enforcement undertakings),\n(c) 83(2) (fixed monetary penalties),\n(d) 86(2) (variable monetary penalties),\nis consultation with the organisations and persons mentioned in subsection (2).\n(2) The persons are—\n(a) such organisations as appear to the Department to be representative of persons substantially affected by the making of the proposed regulations,\n(b) such other persons as the Department considers appropriate.\n\nRecovery by the Department of certain costs\n91—(1) Regulations under section 77(1), 81(1) or 86(1) may include provision for the Department, by notice served on a reservoir manager on whom a stop notice is served, from whom an enforcement undertaking is accepted or on whom a variable monetary penalty is imposed, to require the reservoir manager to pay the amount of any costs reasonably incurred by the Department in relation to (and up to the time of) the service of the notice, acceptance of the undertaking or imposition of the penalty.\n(2) In subsection (1), the reference to “costs” includes in particular—\n(a) investigation costs,\n(b) administration costs,\n(c) costs of obtaining expert advice, including legal advice.\n(3) Provision pursuant to subsection (1) must—\n(a) secure that the reservoir manager required to pay the costs may appeal to the Water Appeals Commission against the following—\n(i) the Department's decision to impose the requirement to pay costs,\n(ii) the Department's decision as to the amount of the costs,\n(b) secure that the Commission may confirm, quash or vary the decision.\n\nPublication of enforcement action\n92—(1) Except as provided in subsection (2), the Department may publish such information as it considers appropriate as regards cases in which it has—\n(a) commissioned a supervising engineer, an inspecting engineer or a construction engineer under section 69,\n(b) arranged for the taking of any measure under section 73,\n(c) served a stop notice by virtue of section 77(1),\n(d) imposed a fixed monetary penalty by virtue of section 83(1),\n(e) imposed a variable monetary penalty by virtue of section 86(1).\n(2) The Department may not publish information as regards a case falling within paragraph (c), (d) or (e) of subsection (1) where the stop notice, fixed monetary penalty or variable monetary penalty has been imposed but overturned on appeal.\n\nPowers of entry\n\nPowers of entry\n93—(1) Any person duly authorised in writing by the Department may, at any reasonable time for any of the purposes in subsection (2), enter—\n(a) land on which a controlled reservoir is situated,\n(b) land on which a structure or area, which is to be treated by virtue of section 2(2) for the purposes of this Act as a controlled reservoir, is situated,\n(c) land on which the Department considers there is a structure or area in relation to which the Department is considering making regulations under section 2(3),\n(d) land on which a structure or area which previously at any time has been a controlled reservoir is situated,\n(e) neighbouring or other land through which access is required in order to enter any land referred to in paragraphs (a) to (d).\n(2) The purposes are to carry out an inspection, survey or other operation—\n(a) to determine whether any provision of this Act applies,\n(b) for the purpose of assisting the Department in giving a reservoir designation or a review, periodic re-assessment or appeal as regards a reservoir designation,\n(c) to determine whether a direction under section 26(4)(a) (supervision: direction to carry out visual inspection) has been complied with,\n(d) to determine—\n(i) whether a measure directed in an inspection report or a pre-commencement safety recommendation has been taken (whether before or after the giving of an enforcement notice under section 71),\n(ii) the period to be specified in a notice under that section,\n(e) to determine whether a measure directed in a safety report has been taken,\n(f) to determine whether the reservoir manager of a controlled reservoir is complying with the requirements of a preliminary certificate or final certificate,\n(g) to determine whether the records required by sections 37 or 58 are being maintained,\n(h) to determine whether any incident is being reported in accordance with regulations under section 56,\n(i) to determine whether a flood plan is being prepared in accordance with regulations under section 57,\n(j) for the purposes of section 73 (Department's power to arrange taking of safety measures),\n(k) to determine what (if any) emergency measures should be taken under section 75, or for any purpose connected with taking such measures,\n(l) to determine whether a stop notice should be served,\n(m) to assess whether any offence under this Act may be being, or has been, committed,\n(n) for the purposes of section 97 (assessment of compensation or reinstatement works).\n\nWarrants authorising entry\n94—(1) A lay magistrate may by warrant authorise any person entitled to exercise a right of entry under section 93 to do so, if necessary using reasonable force, in accordance with the warrant.\n(2) A warrant may be granted under this section only if the lay magistrate is satisfied on a complaint on oath as to both of the following—\n(a) that there are reasonable grounds for the exercise of the right in relation to the land concerned,\n(b) that any of the following applies—\n(i) the conditions in subsection (3) are satisfied,\n(ii) the land is unoccupied,\n(iii) the case is one of urgency.\n(3) The conditions referred to in subsection (2)(b)(i) are—\n(a) that the person applying for the warrant has given notice under section 95(2)(a) of the person's intention to exercise the right,\n(b) that the notice period has expired,\n(c) that either—\n(i) permission to exercise the right in relation to the land has been refused, or\n(ii) such a refusal is reasonably expected.\n(4) For the purposes of subsection subsection (3)(c)(i), permission to exercise the right is to be regarded as having been refused if no reply is received within a reasonable period to a request to exercise the right.\n(5) A warrant granted under this section—\n(a) does not entitle a person to use force against an individual,\n(b) continues in force until the purpose for which the warrant was issued has been fulfilled or, if earlier, the expiry of such period as the warrant may specify.\n\nPowers of entry: supplementary\n95—(1) A right to enter land conferred by section 93 includes a right, subject in the case of a right exercisable in accordance with a warrant to the terms of the warrant, to—\n(a) take on to the land such other persons and such materials and equipment (including machinery and vehicles) as may be reasonably required for the purposes of assisting the persons,\n(b) do anything else which is reasonably required in order to fulfil the purpose for which entry is taken.\n(2) Except for a purpose referred to in section 93(2)(k), a person may not demand entry to land which is occupied unless either—\n(a) at least 7 days' notice has been served on the occupier, or\n(b) the entry is authorised by a warrant under section 94.\n(3) Notice under subsection (2)(a) must—\n(a) specify the purpose for which entry is required,\n(b) specify so far as practicable the nature of any proposed works on the land.\n(4) A person authorised by virtue of section 93 to enter land must on request produce written evidence of the authorisation.\n\nOffence: preventing or obstructing entry\n96—(1) Any person who wilfully prevents or obstructs another person entitled to enter land by virtue of section 93 (whether or not by virtue of a warrant under section 94) commits an offence.\n(2) A person guilty of an offence under subsection (1)—\n(a) in relation to a controlled reservoir which is, at the time the offence is committed, a high-consequence reservoir is liable on summary conviction to a fine not exceeding level 5 on the standard scale,\n(b) in relation to any other controlled reservoir is liable on summary conviction to a fine not exceeding level 4 on the standard scale.\n\nCompensation\n97—(1) Subject to subsection (7), the Department must pay compensation in accordance with this section where subsection (2) or (4) applies.\n(2) This subsection applies where, in the exercise of a right to enter land conferred by section 93 (whether or not under a warrant under section 94) any of the following occurs—\n(a) any land, other than land which is occupied by the reservoir manager, is damaged,\n(b) the enjoyment of any land, other than land which is so occupied, is disturbed.\n(3) Compensation under subsection (1) in respect of the damage or disturbance, where subsection (2) applies, is to be paid to—\n(a) a person with an interest in the land,\n(b) a person whose enjoyment of the land is disturbed.\n(4) This subsection applies where in the exercise of a right to enter land conferred by section 93 (whether or not under a warrant under section 94), land occupied by the reservoir manager is damaged and the reservoir manager is not disqualified from claiming compensation.\n(5) The reservoir manager of a controlled reservoir is disqualified from claiming compensation under subsection (1) in either of the following circumstances—\n(a) the exercise of the right was for the purposes of section 73,\n(b) the exercise of the right was for the purpose of taking measures under section 75 and the reservoir manager had not taken all practicable steps to prevent an escape of water from the reservoir.\n(6) Compensation under subsection (1) in respect of the damage, where subsection (4) applies, is to be paid to the reservoir manager.\n(7) The Department may agree to secure the reinstatement or partial reinstatement of the land instead of payment of compensation under subsection (1), or a combination of such reinstatement and compensation; and subject to subsection (10) any such agreement reached with a person referred to in subsection (2), or the reservoir manager, is binding on the parties to it.\n(8) If the Department considers it appropriate to do so it may, in the circumstances mentioned in subsection (9), by notice served on the reservoir manager require the manager to pay the Department such amount of the following as is specified in the notice—\n(a) any compensation payable under this section,\n(b) any costs reasonably incurred by the Department in relation to such compensation or an agreement under subsection (7),\n(9) The circumstances are where the damage or disturbance concerned occurred in the exercise of a right to enter land in either of the circumstances referred to in paragraph (a) or (b) of subsection (5).\n(10) Any dispute as to a right of compensation under this section, the amount of any such compensation or costs incurred by the Department in relation to such compensation, or costs incurred by it in relation to an agreement under subsection (7), is to be determined by the Lands Tribunal.\nProspective\n\nReasonable facilities, information and assistance\n\nAffording of reasonable facilities to engineers\n98—(1) The reservoir manager of a controlled reservoir must, on being requested by a relevant engineer, provide the engineer with all reasonable facilities the engineer may seek in connection with the exercise of the engineer's powers and duties under this Act.\n(2) The reservoir manager—\n(a) must, on being requested by a relevant engineer, make available to the engineer—\n(i) where the reservoir is a high-consequence reservoir or a medium-consequence reservoir, the record maintained by the manager under section 37,\n(ii) the record maintained by the manager under section 58,\n(b) must on being so requested provide a relevant engineer with such further information or particulars as the engineer may require, in such form and manner and by such time as the engineer may by notice require.\n(3) For the purposes of this section, a “relevant engineer” is a supervising engineer (including a nominated representative of a supervising engineer under section 26(7)(a) who is acting as such in the event of the supervising engineer being unavailable), an inspecting engineer, any other qualified engineer or a construction engineer commissioned for the time being in relation to the reservoir.\n\nPower of the Department to require information and assistance from reservoir managers\n99—(1) The reservoir manager of a controlled reservoir must, on being requested by the Department, provide the Department with such information and assistance as it may reasonably seek in connection with the exercise of its powers and duties under this Act.\n(2) The reservoir manager in particular—\n(a) must, on being requested by the Department, make available to it the records referred to in section 98(2)(a),\n(b) must, on being so requested, provide the Department with such further information or particulars as the Department may require, in such form and manner and within such period of time, as the Department may by notice served on the reservoir manager require.\n\nOffences: sections 98 and 99\n100—(1) A reservoir manager of a controlled reservoir who fails, without reasonable excuse, to comply with any of the following requirements commits an offence—\n(a) the requirements of section 98 (affording of reasonable facilities to engineers),\n(b) the requirements of section 99 (provision of information and assistance to the Department).\n(2) A reservoir manager of a controlled reservoir who does any of the following commits an offence—\n(a) intentionally alters, suppresses or destroys any document, information or particulars which the person has been required by virtue of either of those sections to produce,\n(b) for the purposes of either of those sections knowingly or recklessly provides any document which is, or any information or particulars which are, false or misleading in a material respect.\n(3) A reservoir manager guilty of an offence under subsection (1) or (2)—\n(a) in relation to a controlled reservoir which is, at the time the offence is committed, a high-consequence reservoir is liable on summary conviction to a fine not exceeding level 5 on the standard scale,\n(b) in relation to any other controlled reservoir is liable on summary conviction to a fine not exceeding level 4 on the standard scale.\n\nPower to require information and assistance from others\n101 The Department may by notice require a district council, any other bodyestablished or constituted under a statutory provision or any other person to provide it, within such period of time as may be so specified, with such information and assistance as it reasonably considers it needs in connection with any of the following purposes—\n(a) enabling the Department to serve or give any notice which it is authorised or required by this Act to serve or give,\n(b) enabling the Department to exercise its powers and duties under this Act,\n(c) enabling the Department to assess who is, or has been, the reservoir manager of a controlled reservoir.\nProspective\n\nPART 7 PANELS OF RESERVOIR ENGINEERS\n\nPanels of reservoir engineers\n102—(1) The Department must—\n(a) establish one or more panels of reservoir engineers for the purposes of this Act,\n(b) appoint civil engineers who it considers to be suitable for appointment as members of such of the panels as it considers appropriate,\n(c) specify by order, as regards each panel, the sections of this Act under which, and the type of controlled reservoir in relation to which, a member of the panel may be commissioned.\n(2) For the purposes of subsection (1)(b), and sections 104(1) and 105(4), “suitable” includes fit and appropriately qualified and experienced.\n\nAppointment of members to panels: further provision\n103—(1) Subject to subsections (3) and (4), a civil engineer who wishes to be appointed to a panel under section 102(1)(b) must make an appropriate application.\n(2) The Department may by regulations make provision as to the information to be provided by a civil engineer making an appropriate application.\n(3) The first appointment under paragraph (b) of section 102(1) of members of the panels established under paragraph (a) of that section are to be made (without a requirement of an appropriate application) in accordance with subsection (4).\n(4) The Department may appoint such civil engineers who are (as at the date of commencement of section 102) members of the panels constituted under section 4 of the 1975 Act, as it considers appropriate.\n(5) An appointment under this section is for such period as the Department determines.\n(6) A civil engineer appointed to a panel is eligible for re-appointment.\n(7) In this section—\n(a)“an appropriate application” is an application made in accordance with arrangements made by the Department and accompanied by payment of the appropriate fee,\n(b)“the appropriate fee” is a fee of such amount as may be determined in accordance with arrangements made by the Department.\n\nRemoval of panel members\n104—(1) The Department may remove a civil engineer from a panel where it is satisfied that the engineer is not suitable to continue to be a member of it.\n(2) The Department must serve on a civil engineer removed from a panel under subsection (1) notice of the engineer's removal from the panel.\n(3) Notice under subsection (2) must specify the grounds on which the engineer has been removed from the panel.\n\nDissolution or alteration of panels etc.\n105—(1) The Department may dissolve or alter a panel established under section 102(1)(a).\n(2) Before doing so, the Department must serve reasonable notice on the members of the panel.\n(3) The Department may allow a civil engineer who, immediately before the dissolution or alteration was commissioned under this Act in relation to a controlled reservoir, to continue to act for a period of up to 4 years for the purpose for which the engineer was commissioned; and the engineer is to be regarded as continuing to be commissioned under this Act for the purpose.\n(4) But the Department may, by notice, direct that a civil engineer is no longer entitled to act under subsection (3) where it is satisfied that the engineer is no longer suitable to do so.\n(5) Notice under subsection (4) must specify the grounds for the direction under that subsection.\n(6) The Department may by order amend the period specified for the time being in subsection (3).\n\nReview of decisions not to appoint, or to remove civil engineers from panels etc.\n106—(1) A civil engineer—\n(a) whose application for appointment to a panel established under section 102(1)(a) is unsuccessful,\n(b) who is removed from a panel under section 104(1),\n(c) who is given a direction under section 105(4),\nmay apply to the Department for a review of its decision.\n(2) The Department may by regulations make further provision in relation to applications and reviews under this section, including provision as to determining and charging fees in connection with such applications.\n\nConsultation with Institution of Civil Engineers\n107 The Department must consult the President of the Institution of CivilEngineers (or, if that Institution appoints a committee for the purpose, that committee), before—\n(a) establishing a panel under section 102(1)(a),\n(b) making an appointment to a panel under section 102(1)(b) (but not a first appointment in accordance with section 103(3) and (4)),\n(c) making an order under section 102(1)(c),\n(d) removing an engineer from a panel under section 104(1),\n(e) dissolving a panel under section 105(1),\n(f) directing under section 105(4) that an engineer is no longer entitled to act under section 105(3),\n(g) making a decision in a review under section 106.\n\nReimbursement of costs incurred by Institution of Civil Engineers\n108 The Department may reimburse the Institution of Civil Engineers theamount of any costs reasonably incurred by the Institution by virtue of—\n(a) arrangements entered into (whether directly or indirectly) between the Department and the Institution for the purposes of section 102(1)(b),\n(b) section 107.\nProspective\n\nPART 8 MISCELLANEOUS\n\nPower of Water Appeals Commission to award costs in an appeal\n109—(1) The Water Appeals Commission may make an order as to the costs of the parties to an appeal mentioned in subsection (2) and as to the parties by whom the costs are to be paid.\n(2) The appeals are—\n(a) an appeal under section 21 (reservoir designation),\n(b) an appeal by virtue of regulations under section 27(1) (decision of Department as to whether high-consequence or medium-consequence reservoir is of an acceptable standard as regards how it is being maintained: frequency of visits by supervising engineer),\n(c) an appeal by virtue of regulations under section 57(1) (cost recovery in relation to flood plan),\n(d) an appeal under section 76 (cost recovery under section 69, 71, 73 or 75),\n(e) an appeal by virtue of regulations under section 77(1) ( in relation to stop notice),\n(f) an appeal by virtue of regulations under section 81(1) (in relation to enforcement undertaking),\n(g) an appeal by virtue of regulations under section 83(1) (imposition of fixed monetary penalty),\n(h) an appeal by virtue of regulations under section 86(1) (in relation to variable monetary penalty).\n(3) An order made under this section has effect as if it had been made by the High Court.\n(4) Without prejudice to the generality of subsection (3), the Master (Taxing Office) has the same powers and duties in relation to an order made under this section as the Master has in relation to an order made by the High Court.\n(5) Proceedings before the Commission are, for the purposes of the Litigants in Person (Costs and Expenses) Act 1975, to be regarded as proceedings to which section 1(1) of that Act applies.\n\nOrders as to costs: supplementary\n110—(1) Subsection (2) applies where all of the following apply—\n(a) for the purpose of an appeal referred to in section 109(2)—\n(i) the Water Appeals Commission is required, before a decision is reached, to give any person an opportunity, or ask any person whether the person wishes, to appear before and be heard by it,\n(ii) arrangements are made for a hearing to be held,\n(b) the hearing does not take place,\n(c) if it had taken place, the Commission would have had power to make an order under section section 109(1) requiring any party to pay any costs of any other party.\n(2) The power to make such an order may be exercised, in relation to costs incurred for the purposes of the hearing, as if the hearing had taken place.\n\nFees in relation to appeals\n111 The Office of the First Minister and deputy First Minister may byregulations specify the fees to be paid to the Water Appeals Commission in connection with appeals referred to in section 109(2).\n\nTime limit for certain summary offences under Act\n112—(1) The Department may by regulations provide that, notwithstanding anything in Article 19(1)(a) of the Magistrates' Courts (Northern Ireland) Order 1981, a magistrates' court has jurisdiction to hear and determine a complaint charging the commission of a specified offence if the complaint is made before the end of the specified period.\n(2) In subsection (1)—\n(a)“specified offence” means an offence under this Act specified in the regulations,\n(b)“the specified period”, in relation to a specified offence, means such period after the time when the offence was committed or ceased to continue as is specified in the regulations in relation to the offence or category of offences within which the specified offence falls; and different periods may be specified as respects different offences or categories of offence.\n\nNational security: further provision\n113—(1) Without prejudice to section 9(4), if it appears to the Secretary of State that any other disclosure of any information relating to a controlled reservoir would adversely affect national security, the Secretary of State may issue a notice (“a non-disclosure notice”) to the Department in relation to the information.\n(2) Where a non-disclosure notice has been issued under subsection (1), the Department must not publish or disclose any of the information or require any person to do so.\n(3) Where a non-disclosure notice states that this subsection applies to any of the information specified in the notice (“the specified information”), the Department must not give to any other person any indication of the existence of the specified information.\n(4) Subsections (2) and (3) do not apply to the extent that they would prevent the Department from complying with any other obligation to which it is subject in pursuance of—\n(a) the Environmental Information Regulations 2004,\n(b) the Freedom of Information Act 2000,\n(c) a constable acting in the course of the constable's duties,\n(d) an order of a court of competent jurisdiction.\n\nGrants\n114—(1) The Department may by regulations make provision as to the payment of grants to reservoir managers of controlled reservoirs for the purpose of enabling or assisting the managers to comply with their obligations arising by virtue of this Act.\n(2) Regulations made under subsection (1) must require such grants to be subject to such terms and conditions as the Department may determine (including conditions as to repayment in the event of contravention of the other terms or conditions on which the grant is made).\n\nAssessment of engineers' reports etc.\n115—(1) The Department may by regulations make provision for the assessment of the quality and content of reports, written statements and certificates given under this Act by—\n(a) supervising engineers,\n(b) inspecting engineers,\n(c) other qualified engineers,\n(d) construction engineers.\n(2) The regulations may—\n(a) make provision for the assessment to be made by a committee consisting of members of the Institution of Civil Engineers,\n(b) specify the conditions for membership of the committee.\n(3) The regulations may, in particular, make provision as to—\n(a) the criteria for assessment,\n(b) the reports, statements and certificates, or categories of reports, statements and certificates, that are to be assessed,\n(c) the assessment procedure (including whether oral as well as written representations are to be permitted),\n(d) timing,\n(e) reporting by the committee to the Department,\n(f) the steps that may be taken by the Department following an assessment.\n\nPublication of information as regards ranges of costs of engineers' services\n116—(1) The Department may publish information as regards ranges of costs of the provision of relevant services by engineers who are members of panels of reservoir engineers established under section 102.\n(2) For the purposes of this section, “relevant services” are services that are provided by such engineers in pursuance of this Act or are available for such provision.\n\nNotice to the Department of revocation of commissioning, or resignation, of engineer\n117—(1) Where the reservoir manager of a controlled reservoir revokes the commissioning of a supervising engineer, an inspecting engineer, other qualified engineer or a construction engineer commissioned in relation to the reservoir, the manager must, not later than 28 days after doing so, give the Department notice of the revocation and of the date it took effect.\n(2) Where an engineer referred to in subsection (1) resigns—\n(a) the engineer must, not later than 28 days after the resignation, give the reservoir manager notice of it and the date on which it took, or is to take, effect,\n(b) the reservoir manager who receives notice under paragraph (a) must, not later than 28 days after the receipt, give the Department a copy of the notice.\n(3) Failure by a reservoir manager to comply with the requirements of subsection (1) or (2)(b) is an offence.\n(4) A reservoir manager guilty of an offence under subsection (3)—\n(a) in relation to a controlled reservoir which is, at the time the offence is committed, designated as a high-consequence reservoir is liable on summary conviction to a fine not exceeding level 5 on the standard scale,\n(b) in relation to any other controlled reservoir is liable on summary conviction to a fine not exceeding level 4 on the standard scale.\n(5) It is a defence to a charge in proceedings for an offence under subsection (3) that the reservoir manager did not receive notice of the resignation.\n\nForm and content of notices, reports, certificates etc.\n118 The Department may by regulations make provision as to—\n(a) the form and content of any notice required under this Act,\n(b) the form of any written statement by a supervising engineer, or any report or certificate by an inspecting engineer or other qualified engineer or a construction engineer, under this Act.\n\nElectronic serving or giving of notices or other documents\n119—(1) Where subsection (2) applies, except as provided in subsection (4), any notice or other document required or authorised to be served on or sent or given to any person under this Act may be served, sent or given by sending it using electronic communications, in accordance with the condition in subsection (3), to the person at the person's electronic address.\n(2) This subsection applies where the person has given an address for service using electronic communications (“the person's electronic address”) and has agreed to the sending of such notices or other documents to the person at that address.\n(3) The condition referred to in subsection (1) is that the notice or other document is—\n(a) capable of being accessed by the recipient,\n(b) legible in all material respects,\n(c) in a form sufficiently permanent to be used for subsequent reference;\nand for this purpose “legible in all material respects” means that the information contained in the notice or document is available to the recipient to no lesser extent than it would be if served, sent or given by means of a notice or document in printed form.\n(4) Subsection (1) does not apply to notice under section 95(2)(a) (notice of intention to enter land that is occupied).\n(5) Any notice or other document duly served, sent or given by virtue of this section using electronic communications is, unless the contrary is proved, to be taken to have been delivered at 9am on the working day immediately following the day on which it was transmitted.\n(6) Where a person is no longer willing to accept the use of electronic communications for any purpose of this Act which is capable of being carried out electronically and gives notice withdrawing the person's electronic address to the Department, a supervising engineer, inspecting engineer, other qualified engineer or construction engineer, the Institution of Civil Engineers or a referee commissioned under section 63, such withdrawal is final and takes effect on a date specified by the person in the notice (but not less than 7 days after the date on which the notice is given).\n(7) This section is without prejudice to section 24(2) of the Interpretation Act (Northern Ireland) 1954 (service of documents); and in the application of that section to serving, sending or giving any notice or other document by virtue of this section using electronic communications, in paragraph (e) the references to “premises” are to be construed as references to land or premises on the land.\n(8) In this section—\n(a)“electronic communication” has the same meaning as in the Electronic Communications Act (Northern Ireland) 2001,\n(b) reference to the “supervising engineer” is to be construed as including the nominated representative of the supervising engineer under section 26(7)(a) who is acting as such in the event of the supervising engineer being unavailable,\n(c)“working day” means a day which is not a Saturday, Sunday or a public holiday.\n\nChange to the Institution of Civil Engineers\n120 If the Institution of Civil Engineers ceases to exist, the Department may byorder amend references in this Act to the Institution and to its President.\n\nCivil liability\n121 This Act does not confer a right to claim damages in respect of a breach ofan obligation imposed by the Act.\n\nPART 9 GENERAL\nProspective\n\nApplication to the Crown\n122—(1) This Act binds the Crown and applies to any Crown land to the full extent authorised or permitted by the constitutional laws of Northern Ireland.\n(2) Notwithstanding subsection (1), any provision made by or under this Act applies to persons in the public service of the Crown as it applies to other persons.\n(3) In this section and sections 123 and 124, reference to the Crown includes a reference to the Crown in right of Her Majesty's Government in Northern Ireland.\n(4) In this section and section 123—\n(a)“Crown land” means land in which there is a Crown estate,\n(b)“Crown estate” means either—\n(i) an estate belonging to Her Majesty in right of the Crown,\n(ii) an estate belonging to a government department or held in trust for Her Majesty for the purposes of a government department,\n(c)“government department” means a department of the Government of the United Kingdom or a Northern Ireland Department.\nProspective\n\nEnforcement in relation to the Crown\n123—(1) No contravention by the Crown of any provision made by or under this Act makes the Crown criminally liable.\n(2) But the High Court may, on the application of the Department, declare unlawful any act or omission of the Crown which constitutes such a contravention.\n(3) The powers conferred by section 93 (whether those specified in that section or the ancillary powers referred to in section 95(1)) are exercisable in relation to Crown land only with the consent of the appropriate authority.\n(4) In this section and section 124, “the appropriate authority” in relation to any land, means—\n(a) in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, the Crown Estate Commissioners,\n(b) in the case of any other land belonging to Her Majesty in right of the Crown, the government department having the management of the land,\n(c) in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, the government department.\n(5) If any question arises as to what authority is the appropriate authority in relation to any land, the question must be referred to the Department of Finance and Personnel or (as appropriate) the Treasury, whose decision is final.\nProspective\n\nService or giving of notices or other documents: the Crown\n124—(1) Any—\n(a) notice required under this Act to be served on or given to the Crown,\n(b) other document required by this Act to be given to the Crown,\nis to be served on, or given to, the appropriate authority.\n(2) Section 24 of the Interpretation Act (Northern Ireland) 1954 does not apply for the purposes of the service of such a notice.\nProspective\n\nOffences by bodies corporate and partnerships\n125—(1) For the purposes of an offence under this Act, section 20(2) of the Interpretation Act (Northern Ireland) 1954—\n(a) applies with the omission of the words “the liability of whose members is limited”,\n(b) in a case where the affairs of a body corporate are managed by its members, applies in relation to the acts or defaults of a member in connection with the member's functions of management as if the member were a director of the body corporate.\n(2) If an offence under this Act is committed by a partnership (whether or not a limited partnership) and is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of any of the following—\n(a) a partner,\n(b) a person purporting to act as a partner,\nthat person (as well as the partnership) commits the offence.\n\nSupplementary, incidental, consequential etc. provision\n126—(1) The Department may by order make—\n(a) such supplementary, incidental or consequential provision,\n(b) such transitional, transitory or saving provision,\nas it considers appropriate for the purposes of, or in consequence of, or for giving full effect to, this Act or any provision made by or under it.\n(2) An order under subsection (1) may amend, repeal, revoke or otherwise modify any statutory provision (including this Act).\n(3) In subsection (2), “modify” includes the making of additions, omissions and exceptions.\n\nOrders and regulations\n127—(1) Except where subsection (3) provides otherwise, an order made under this Act (other than an order under section 130(2)) is subject to negative resolution.\n(2) Except where subsection (3) provides otherwise, regulations made under this Act are subject to negative resolution.\n(3) The following regulations and orders are not to be made unless a draft has been laid before, and approved by a resolution of, the Assembly—\n(a) regulations under any of the following—\n(i) section 2(3) (structure or area to be treated as controlled reservoir),\n(ii) section 3(1)(b) (further matters to be taken into account in making regulations under section 2(3)),\n(iii) section 23(1) (further provision about matters that are to be taken into account under sections 17(3), 18(2), 20(3)(b)(ii) and 21(5)(a)),\n(iv) section 27(1) (regulations as to visits by supervising engineer to high-consequence or medium-consequence reservoir),\n(v) section 56(1) (incident reporting),\n(vi) section 57(1) (flood plans),\n(vii) section 77(1) (stop notices),\n(viii) section 81(1) (enforcement undertakings),\n(ix) section 83(1) (fixed monetary penalties),\n(x) section 86(1) (variable monetary penalties),\n(xi) section 112(1) (extension of time limit for specified summary offences),\n(xii) section 114(1) (grants),\n(b) an order under—\n(i) section 4(1) (substituting different volume of water in certain sections),\n(ii) section 120 (amending references to Institution of Civil Engineers and its President),\n(c) an order under section 126(1) (supplementary, incidental, consequential etc. provision) containing provision which adds to, replaces or omits any part of the text of Northern Ireland legislation or an Act of Parliament.\n(4) Any power of the Department to make an order or regulations under this Act includes power to make such supplementary, incidental, consequential, transitional, transitory and saving provision as the Department considers appropriate.\n\nDefinitions\n128—(1) In this Act—\n“the Department” means the Department for Infrastructure,\n“notice” means notice in writing,\n“statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954,\n“the Water Appeals Commission” means the Water Appeals Commission for Northern Ireland,\n“the 1975 Act” means the Reservoirs Act 1975.\n(2) The expressions listed in Schedule 2 are defined or otherwise explained for the purposes of this Act by the provisions indicated in the Schedule.\nProspective\n\nMinor and consequential amendments and repeals\n129—(1) The statutory provisions set out in Schedule 3 have effect subject to the minor and consequential amendments specified in the Schedule.\n(2) The provisions set out in the first column of Schedule 4 are repealed to the extent specified in the second column of that Schedule.\n\nCommencement\n130—(1) The following provisions of this Act come into operation on the day after Royal Assent—\n(a) sections 1, 2, 5, 6, 42, 93 to 97, 126 to 128 and Schedule 2,\n(b) this section,\n(c) section 132.\n(2) The other provisions of this Act come into operation on such day or days as the Department may by order appoint.\n(3) No order may be made under subsection (2) in respect of the following provisions unless a draft of the order has been laid before, and approved by a resolution of, the Assembly—\n(a) section 25(1), (2), (4) and (5),\n(b) in section 26—\n(i) subsections (1) to (9),\n(ii) subsection (10), for the purposes of sections 27 to 31 and 37,\n(c) sections 27, 28 and 29,\n(d) in section 30—\n(i) subsections (2) to (4),\n(ii) subsection (5), in so far as it defines an “inspecting engineer” as an engineer duly commissioned under section 34 to supervise the taking of a measure referred to in section 34(1)(b),\n(e) sections 31(2) to (5),\n(f) in section 34—\n(i) in subsection (1), paragraph (b),\n(ii) subsection (3),\n(g) in section 35—\n(i) subsections (2) and (3),\n(ii) in subsection (4), paragraphs (c), (d) and (i),\n(iii) in subsection (5), paragraph (b),\n(iv) in subsection (6), paragraph (b),\n(h) sections 36 and 37,\n(i) in section 38(1)—\n(i) paragraphs (a), (b), (c) and (d),\n(ii) paragraph (e) (in relation to the requirements of section 34(1)(b)),\n(iii) paragraph (f),\n(j) in section 38(2), paragraphs (a), (b), (d) and (e),\n(k) section 38(3), in relation to the following offences—\n(i) an offence under section 38(1)(a), (b), (c) or (d),\n(ii) an offence under section 38(1)(e) that is attributable to a failure to comply with the requirements of section 34(1)(b),\n(iii) an offence under section 38(1)(f),\n(iv) an offence under section 38(2)(a), (b), (d) or (e),\n(l) section 39,\n(m) section 40,\n(n) in section 67(1), paragraph (a),\n(o) sections 68 and 69, in so far as they concern the commissioning of a supervising engineer,\n(p) in section 70, paragraph (a),\n(q) sections 71 to 73,\n(r) section 74, in relation to an offence under section 39(1),\n(s) section 76, as regards costs in relation to the commissioning of a supervising engineer under section 69 and costs under section 71 or 73,\n(t) sections 81 to 89,\n(u) section 90, in relation to the consultation required by sections 81(2), 83(2) and 86(2),\n(v) section 91, in relation to regulations under sections 81(1) and 86(1),\n(w) section 92,\n(x) section 98, in so far as it defines a “relevant engineer” as a supervising engineer (including a nominated representative of a supervising engineer under section 26(7)(a) who is acting as such in the event of the supervising engineer being unavailable),\n(y) section 100, in relation to failure to comply with the requirements of section 98 as respects a relevant engineer who is a supervising engineer (including a nominated representative of a supervising engineer under section 26(7)(a) who is acting as such in the event of the supervising engineer being unavailable),\n(z) sections 109, 110 and 111, in relation to—\n(i) an appeal by virtue of regulations under section 27(1),\n(ii) an appeal under section 76 as regards costs in relation to the commissioning of a supervising engineer under section 69 and costs under section 71 or 73,\n(iii) an appeal by virtue of regulations under section 81(1), 83(1) or 86(1),\n(za) section 114.\n(4) An order under subsection (2) may contain such transitional, transitory or saving provision as the Department considers necessary or expedient in connection with the coming into operation of any provision of this Act including, in the case of an order in respect of any provision referred to in subsection (3), such transitional or transitory modifications of this Act as the Department considers necessary or expedient in connection with any other provisions of this Act not yet having come into operation.\nProspective\n\nDuty to report on operation of this Act\n131—(1) The Department must, not later than three years after this Act receives Royal Assent, publish a report on the operation of this Act.\n(2) The Department must lay the report before the Assembly.\n\nShort title\n132 This Act may be cited as the Reservoirs Act (Northern Ireland) 2015.\n\nSCHEDULES\nProspective\nSection 33(6).\n\nSCHEDULE 1PRE-COMMENCEMENT INSPECTION REPORTS: REVIEW OF DECISION UNDER SECTION 33(2)\n1 A reservoir manager of a high-consequence or medium-consequence reservoir on whom notice is served under subsection (5) of section 33 may apply to the Department for a review by it of its decision under subsection (2) of that section (that it is satisfied that a document provided in pursuance of subsection (1) is not a pre-commencement inspection report).\n2 Any such application must be made in writing before the end of the period of 90 days beginning with the date on which the notice was served.\n3 In considering an application under paragraph 1, the Department—\n(a) may commission to make recommendations to it about the document which was the subject of the decision (“the document”) an engineer who—\n(i) is a member of a panel of reservoir engineers established under section 102 who may (by virtue of an order under that section) be commissioned under this paragraph in relation to the reservoir,\n(ii) is not disqualified by virtue of paragraph 4 from being so commissioned in relation to the reservoir,\n(b) must take into account—\n(i) a recommendation by an engineer commissioned by it under paragraph (a),\n(ii) any representations made to it by or on behalf of the reservoir manager in relation to the application.\n4 An engineer is disqualified from being commissioned under paragraph 3 in relation to a high-consequence or medium-consequence reservoir if the engineer—\n(a) was commissioned under section 33(2) in relation to the making of the decision which is the subject of the review,\n(b) prepared the document,\n(c) is, or has previously been an employee of any person who is, or has previously been, a reservoir manager of the reservoir.\n5 The Department must notify the reservoir manager of its decision in the review by serving on the reservoir manager notice—\n(a) specifying whether it confirms the decision or has decided that the document is a pre-commencement inspection report,\n(b) where it has confirmed its decision, specifying the reasons for doing so.\n6 The Department may by regulations make further provision in relation to applications for review, and reviews, under this Schedule.\nSection 128(2).\n\nSCHEDULE 2INDEX OF DEFINED EXPRESSIONS\nExpression                                        Interpretation provision\nconstruction certificate                          section 48\nconstruction engineer                             section 43(3)\ncontrolled reservoir                              sections 1, 2 and 5\ncontrolled reservoir being abandoned              section 41(7)(d) (see also section 41(6))\ncontrolled reservoir being subject to alteration  section 41(7)(a) (see also section 41(4) to (6))\ncontrolled reservoir being constructed            section 41(7)(a) (see also section 41(3))\ncontrolled reservoir being discontinued           section 41(7)(c) (see also section 41(5))\ncontrolled reservoir being restored to use        section 41(7)(b) (see also section 41(3))\ncontrolled reservoirs register                    section 9\nthe Department                                    section 128(1)\nenforcement undertaking                           section 81(1) and (3)\nfinal certificate                                 section 49\nfixed monetary penalty                            section 83(1) and (3)\nflood plan                                        section 57\nhigh-consequence reservoir                        section 24\ninspecting engineer                               section 30(5)\ninspection compliance certificate                 section 36(5) and (7)\ninspection report                                 section 35(1)(b) and (4)\ninterim inspection compliance certificate         section 36(3) and (4)\nlow-consequence reservoir                         section 24\nmedium-consequence reservoir                      section 24\nother qualified engineer                          sections 35(7) and 36(2)(a)\npanels of reservoir engineers                     section 102\nperiodic re-assessment of reservoir designation   section 18\npre-commencement inspection report                section 33(1)\npre-commencement inspection report certificate    section 35(2)(b) and (3)\npre-commencement safety recommendation            section 34(1)(b) and (3)\npreliminary certificate                           section 47\nrelevant works                                    section 42\nreservoir designation                             section 17(2)\nreservoir manager                                 section 6 (see also section 7)\nsafety measure certificate                        section 46(2) and (3)\nsafety report                                     section 45\nstop notice                                       section 77(1) and (3)\nsupervising engineer                              section 25(3) (see also section 26(7)(a) and (10) in relation to nominated representative of supervising engineer)\nthe 1975 Act                                      section 128(1)\nvariable monetary penalty                         section 86(1) and (3)\nthe Water Appeals Commission                      section 128(1).\n\nProspective\nSection 119(1).\n\nSCHEDULE 3MINOR AND CONSEQUENTIAL AMENDMENTS\n\nThe Water and Sewerage Services (Northern Ireland) Order 2006 (NI 21)\n1 The Water and Sewerage Services (Northern Ireland) Order 2006 is amended as follows.\n2 In Article 293 (procedure of the Water Appeals Commission)—\n(a) in paragraph (6), for “(9) or (10)” substitute “ (9), (10) or (10A) ”,\n(b) after paragraph (10), insert—\n“(10A) This paragraph applies to a decision by the Appeals Commissionon an appeal falling within any of the following sub-paragraphs—\n(a) an appeal (under section 21 of the Reservoirs Act (Northern Ireland) 2015) against a decision in a review of a reservoir designation of a controlled reservoir,\n(b) an appeal (made by virtue of regulations made under section 27(1) of that Act) against a decision as to whether a high-consequence or medium-consequence reservoir is of an acceptable standard as regards how it is being maintained: frequency of visits by supervising engineer,\n(c) an appeal (made by virtue of regulations made under section 57(1) of that Act) against a decision as to recovery of costs in relation to a flood plan,\n(d) an appeal (under section 76 of that Act) against a decision as to recovery of costs under section 69, 71, 73 or 75 of that Act,\n(e) an appeal (made by virtue of regulations under section 77(1) of that Act) against any of the following—\n(i) a decision to serve a stop notice,\n(ii) a decision not to give a completion certificate,\n(iii) a decision not to award compensation or as to the amount of compensation,\n(iv) a decision as to recovery of costs in relation to the serving of the stop notice,\n(f) an appeal (made by virtue of regulations under section 81(1) of that Act) against any of the following—\n(i) a decision in a review of refusal to give certification that an enforcement undertaking has been complied with,\n(ii) a decision as to recovery of costs in relation to the acceptance of the undertaking,\n(g) an appeal (made by virtue of regulations under section 83(1) of that Act) against a decision to impose a fixed monetary penalty,\n(h) an appeal (made by virtue of regulations under section 86(1) of that Act) against any of the following—\n(i) a decision to impose a variable monetary penalty,\n(ii) a decision as to recovery of costs in relation to the imposition of the penalty,\n(i) an appeal (made by virtue of regulations under that section) against a notice imposing a non-compliance penalty for failure to comply with an undertaking referred to in section 87(5) of that Act.”.\n3 Article 297 (regulations by the Department for Regional Development as to safety of reservoirs) is omitted.\n4 In Article 300 (regulations), in paragraph (1)(b), the words “or 297” are omitted.\nProspective\nSection 119(2).\n\nSCHEDULE 4REPEALS\nShort Title                                                            Extent of repeal\nThe Water and Sewerage Services (Northern Ireland) Order 2006 (NI 21)  Article 297.\nIn Article 300(1)(b), the words “or 297”.","title":""}
{"_id":"text_ukpga_2010_32","text":"[27th July 2010]\nBe it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—\n\nAcademy arrangements\n\n1 Academy arrangements\n(1) The Secretary of State may enter into Academy arrangements with any person (“the other party”).\n(2)“Academy arrangements” are arrangements that take the form of—\n(a) an Academy agreement, or\n(b) arrangements for Academy financial assistance.\n(3) An Academy agreement is an agreement between the Secretary of State and the other party under which—\n(a) the other party gives the undertakings in subsection (5), and\n(b) the Secretary of State agrees to make payments to the other party in consideration of those undertakings.\n(4) Academy financial assistance is financial assistance given by the Secretary of State under section 14 of EA 2002 on terms that require the other party to give the undertakings in subsection (5).\n(5) The undertakings are—\n(a) to establish and maintain an educational institution in England which meets the requirements of any of the following—\n(i) section 1A (Academy schools);\n(ii) section 1B (16 to 19 Academies);\n(iii) section 1C (alternative provision Academies);\n(b) to carry on, or provide for the carrying on, of the institution.\n(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(9) Academy arrangements must include terms imposed for the purpose of securing that no charge is made in respect of—\n(a) admission to, or attendance at, the institution , or\n(b)(subject to any exceptions specified in the terms) education provided at the institution.\n(10) An educational institution to which Academy arrangements relate is to be known as an Academy.\n\n1AAcademy schools\n(1) An educational institution meets the requirements of this section if—\n(a) it is an independent school,\n(b) it has a curriculum satisfying the requirements of section 78 of EA 2002 (balanced and broadly based curriculum),\n(c) it provides education for pupils of different abilities,\n(d) it provides education for pupils who are wholly or mainly drawn from the area in which it is situated, and\n(e) it is not an alternative provision Academy (see section 1C).\n(2) An educational institution also meets the requirements of this section if—\n(a) it is an independent school, and\n(b) it is specially organised to make special educational provision for pupils with special educational needs.\n(3) An Academy which meets the requirements of this section is to be known as an Academy school.\n\n1B16 to 19 Academies\n(1) An educational institution meets the requirements of this section if it is principally concerned with providing full-time or part-time education suitable to the requirements of persons over compulsory school age but under 19.\n(2) “ Education ” includes vocational, social, physical and recreational training.\n(3) An Academy which meets the requirements of this section is to be known as a 16 to 19 Academy.\n(4) A 16 to 19 Academy may provide secure accommodation for its students, but only if it is approved to do so by the Secretary of State.\n(5)“Secure accommodation” means accommodation that is provided for the purpose of restricting liberty.\n(6) The Secretary of State may grant approval under subsection (4) subject to conditions.\n(7) A 16 to 19 Academy which provides secure accommodation for its students is to be known as a secure 16 to 19 Academy.\n\n1CAlternative provision Academies\n(1) An educational institution meets the requirements of this section if—\n(a) it is principally concerned with providing full-time or part-time education for children of compulsory school age who, by reason of illness, exclusion from school or otherwise, may not otherwise receive suitable education for any period,\n(b) it provides education for children of different abilities, and\n(c) it provides education for children who are wholly or mainly drawn from the area in which it is situated.\n(2) “ Suitable education ”, in relation to a child, means efficient education suitable to the child's age, ability and aptitude and to any special educational needs the child may have.\n(3) An Academy which meets the requirements of this section is to be known as an alternative provision Academy.\n\n1DAlternative provision Academies: powers to apply provisions with modifications\n(1) Regulations may provide for a statutory provision relating to maintained schools or a description of maintained school, or to pupil referral units, to apply in relation to alternative provision Academies, or a description of alternative provision Academy, with or without modifications.\n(2) Regulations may provide for a statutory provision relating to Academies, Academy schools or 16 to 19 Academies—\n(a) to apply in relation to alternative provision Academies, or a description of alternative provision Academy, with or without modifications;\n(b) not to apply in relation to alternative provision Academies or a description of alternative provision Academy.\n(3) Regulations may provide for a statutory provision relating to alternative provision Academies or a description of alternative provision Academy—\n(a) to apply in relation to a description of alternative provision Academy, with modifications;\n(b) not to apply in relation to a description of alternative provision Academy.\n(4) “ Statutory provision ” means a provision made by or under this or any other Act, whenever passed or made.\n\n2 Payments under Academy agreements\n(1) Payments under an Academy agreement may be in respect of capital or current expenditure.\n(2) So far as payments under an Academy agreement relate to current expenditure, the agreement must provide for them to continue (subject to other requirements of the agreement being fulfilled)—\n(a) for at least 7 years, or\n(b) indefinitely, but terminable by the Secretary of State giving at least 7 years' written notice.\n(3) If an Academy agreement makes provision for payments in respect of capital expenditure, the agreement may provide for the repayment to the Secretary of State, in circumstances specified in the agreement, of sums determined in accordance with the agreement.\n(4) An Academy agreement may provide for indemnifying a person, in the event of the Secretary of State terminating the agreement, for expenditure—\n(a) incurred by the person in carrying out the undertakings under the agreement, or\n(b) incurred by the person (otherwise than by virtue of subsection (3)) in consequence of the termination of the agreement.\n(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(6) Where a local authority fails to secure satisfactory provision for pupils with low incidence special educational needs or disabilities, the Secretary of State may make alternative arrangements.\n\nProvision to be included in Academy agreements\n\n2AAcademy agreements: provision about failing schools\n(1) An Academy agreement in respect of an Academy school or an alternative provision Academy must include provision allowing the Secretary of State to terminate the agreement if—\n(a) special measures are required to be taken in relation to the Academy, or\n(b) the Academy requires significant improvement.\n(2) The Academy agreement must require the Secretary of State, before terminating the agreement on one of those grounds, to give the proprietor an opportunity to make representations.\n(3) For the purposes of this section special measures are required to be taken in relation to an Academy, or an Academy requires significant improvement, if the Chief Inspector has given notice under section 13(3)(a) of the Education Act 2005.\n\n2BAcademy agreements: provision about coasting schools\n(1) An Academy agreement in respect of an Academy school or an alternative provision Academy must include provision allowing the Secretary of State to terminate the agreement if—\n(a) the Academy is coasting, and\n(b) the Secretary of State has notified the proprietor that it is coasting.\n(2) The Academy agreement must require the Secretary of State, before terminating the agreement on that ground, to give the proprietor a termination warning notice.\n(3) A termination warning notice is a notice requiring the proprietor—\n(a) to take specified action to improve the Academy by a specified date, and\n(b) to respond to the Secretary of State by making representations, or by agreeing to take that action, by a specified date.\n(4) The Academy agreement must provide that the power to terminate the agreement on the ground that the Academy is coasting is available only if the proprietor has failed to comply with a termination warning notice (whether by failing to take specified action, or to respond, on time).\n(5) The Secretary of State may by regulations provide that this section does not apply in relation to an Academy of a description specified in the regulations.\n(6) “ Coasting ”, in relation to an Academy to which this section applies, has the meaning given by regulations under subsection (3) of section 60B of the Education and Inspections Act 2006 in relation to a school to which that section applies.\n\n2CSections 2A and 2B supplementary - new agreements\n(1) An Academy agreement may include further provision about—\n(a) the procedure for terminating the agreement in accordance with the provision required by section 2A or 2B;\n(b) the consequences of terminating the agreement in accordance with that provision.\n(2) This section does not apply to agreements made before 18 April 2016 (but see section 2D).\n\n2DSections 2A and 2B: supplementary - old agreements\n(1) An old Academy agreement is to be treated as if it included the new termination powers.\n(2) A provision of an old Academy agreement that relates to the procedure for terminating the agreement does not apply to the new termination powers.\n(3) Subsections (4) and (5) apply where an old Academy agreement—\n(a) contains provision about the consequences of terminating the agreement (“relevant provision”), and\n(b) the relevant provision is expressed in a way that is capable of covering termination in accordance with the new termination powers.\n(4) The relevant provision applies to termination in accordance with the new termination powers.\n(5) If the relevant provision sets out different consequences depending on whether the agreement is terminated on the ground that the proprietor has breached the Agreement or on other grounds, termination in accordance with the new termination powers is to be treated as termination on the grounds of breach by the proprietor.\n(6) In this section—\n  * “ new termination powers ”, in relation to an Academy agreement, means the powers to terminate in accordance with the provision required by sections 2A and 2B;\n  * “ old Academy agreement ” means an Academy agreement made before 18 April 2016.\n\n2EProvision about staff member for looked after and previously looked after pupils\n(1) An Academy agreement must include provision requiring the proprietor of the Academy—\n(a) to designate a member of staff at the Academy (the “designated person”) as having responsibility for promoting the educational achievement of relevant pupils at the Academy,\n(b) to ensure that the designated person undertakes appropriate training and has regard to any guidance issued by the Secretary of State, and\n(c) in complying with provision included in the agreement by virtue of paragraph (a) or (b), to have regard to any guidance issued by the Secretary of State.\n(2) An Academy agreement made before the day on which section 6 of the Children and Social Work Act 2017 (which inserts this section) comes fully into force is to be treated as if it included the provision required by subsection (1).\n(3) The Secretary of State may by regulations—\n(a) require an Academy agreement to include provision requiring the proprietor of the Academy—\n(i) to ensure that a designated person has qualifications or experience (or both) prescribed by the regulations, and\n(ii) in complying with provision included in the agreement by virtue of sub-paragraph (i), to have regard to any guidance issued by the Secretary of State;\n(b) provide that an Academy agreement made before the day on which the regulations come into force is to be treated as if it included any provision required under paragraph (a).\n(4) In this section—\n  * “pupil”—\n    (a) in relation to an Academy school or an alternative provision Academy, means a registered pupil at the Academy;\n    (b) in relation to a 16 to 19 Academy, means a person receiving education at the Academy;\n  * “relevant pupil”, in relation to Academy, means a pupil at the Academy who—\n    (a) is looked after by a local authority,\n    (b) was looked after by a local authority but has ceased to be so looked after as a result of a relevant order, or\n    (c) appears to the proprietor of the Academy—\n    (i) to have been in state care in a place outside England and Wales because he or she would not otherwise have been cared for adequately, and\n    (ii) to have ceased to be in that state care as a result of being adopted;\n  * “relevant order” means—\n    (a) a child arrangements order (within the meaning given by section 8(1) of the Children Act 1989) which includes arrangements relating to—\n    (i) with whom a child is to live, or\n    (ii) when a child is to live with any person,\n    (b) a special guardianship order (within the meaning given by section 14A(1) of the Children Act 1989), or\n    (c) an adoption order (within the meaning given by section 72(1) of the Adoption Act 1976 or section 46(1) of the Adoption and Children Act 2002).\n(5) For the purposes of this section a person is “looked after by a local authority” if the person is looked after by a local authority for the purposes of the Children Act 1989 or Part 6 of the Social Services and Well-being (Wales) Act 2014 (anaw 4).\n(6) For the purposes of this section a person is in “state care” if he or she is in the care of, or accommodated by—\n(a) a public authority,\n(b) a religious organisation, or\n(c) any other organisation the sole or main purpose of which is to benefit society.\n(7) For the purposes of section 569 of EA 1996 (as applied by section 17(4)), regulations under subsection (3)(b) are to be treated as if the statutory instrument containing them fell within subsection (2A) of that section (regulations subject to affirmative procedure).\n\nConversion of schools into Academies\n\n3 Application for Academy order\n(1) The governing body of a maintained school in England may apply to the Secretary of State for an Academy order to be made in respect of the school.\n(2) In the case of a foundation or voluntary school that has a foundation, this is subject to subsections (3) and (4).\n(3) The governing body of a foundation or voluntary school that has a foundation must consult the foundation before making an application under this section.\n(4) The governing body of a foundation or voluntary school that has a foundation may make an application under this section only with the consent of—\n(a) the trustees of the school, and\n(b) the person or persons by whom the foundation governors are appointed.\n(5) Expressions used in subsections (2) to (4) and SSFA 1998 have the same meaning as in that Act.\n(6) In the case of a federated school, references in this section to the governing body include references to members of the governing body who—\n(a) together make up a proportion of the total number of members that is specified in, or determined in accordance with, regulations, and\n(b) consist of or include members of any prescribed description.\n\n4 Academy orders\n(A1) The Secretary of State must make an Academy order in respect of a maintained school in England that is eligible for intervention by virtue of section 61 or 62 EIA 2006 (schools requiring significant improvement or schools requiring special measures).\n(1) The Secretary of State may make an Academy order in respect of a maintained school in England if—\n(a) an application in respect of the school is made under section 3, or\n(b) the school is eligible for intervention (within the meaning of Part 4 of EIA 2006) other than by virtue of section 61 or 62 of EIA 2006.\n(1A) Before making an Academy order under subsection (1)(b) in respect of a foundation or voluntary school that has a foundation, the Secretary of State must consult—\n(a) the trustees of the school,\n(b) the person or persons by whom the foundation governors are appointed, and\n(c) in the case of a school which has a religious character, the appropriate religious body.\n(2) An Academy order in respect of a school is an order for the purpose of enabling the school to be converted into an Academy.\n(3) A maintained school is “converted into” an Academy if Academy arrangements are entered into in relation to the school or an educational institution that replaces it.\n(4) If an Academy order is made in respect of a school, the Secretary of State must give a copy of the order to—\n(a) the governing body and head teacher of the school,...\n(b) the local authority, and\n(c) in the case of a foundation or voluntary school that has a foundation—\n(i) the trustees of the school,\n(ii) the person or persons by whom the foundation governors are appointed, and\n(iii) in the case of a school which has a religious character, the appropriate religious body.\n(5) If, after an application has been made under section 3, the Secretary of State decides not to make an Academy order in respect of a school, the Secretary of State must inform the following of the decision and the reasons for it—\n(a) the governing body and head teacher of the school, ...\n(b) the local authority, and\n(c) in the case of a foundation or voluntary school that has a foundation—\n(i) the trustees of the school,\n(ii) the person or persons by whom the foundation governors are appointed, and\n(iii) in the case of a school which has a religious character, the appropriate religious body.\n(6) Despite section 568(1) of EA 1996 (orders to be made by statutory instrument) (as applied by section 17(4) of this Act) the power of the Secretary of State to make an Academy order is not required to be exercised by statutory instrument.\n(7) An Academy order may include incidental, consequential, supplemental and transitional provision.\n(8) In this section, “ the appropriate religious body ”, in relation to a school, means—\n(a) in the case of a Church of England school or a Roman Catholic school, the appropriate diocesan authority;\n(b) in any other case, such body or person representing the specified religion or religious denomination as is prescribed under section 88F(3)(e) of SSFA 1998.\n(9) In the case of a school in relation to which there is more than one religion or religious denomination specified, references to “the appropriate religious body” are to be read as references to both or all of the bodies concerned.\n(10) In subsections (8) and (9), “ specified ” means specified in the order under section 69(3) of SSFA 1998 relating to the school.\n(11) Expressions used in this section and SSFA 1998 have the same meaning as in that Act.\n\n5 Consultation about conversion: schools not eligible for intervention\n(1) Before a maintained school in England is converted into an Academy, the school's governing body must consult such persons as they think appropriate about whether the conversion should take place.\n(2) But this section does not apply if an Academy order under section 4(A1) or (1)(b) has effect in respect of the school.\n(3) Consultation for the purposes of this section may be carried out before or after an Academy order, or an application for an Academy order, has been made in respect of the school.\n(4) In the case of a federated school, the reference in subsection (1) to the governing body includes a reference to any members of the governing body.\n\n5AConsultation about identity of Academy sponsor in certain cases\n(1) This section applies where an Academy order under section 4(A1) has effect in respect of a foundation or voluntary school that has a foundation.\n(2) Before entering into Academy arrangements in relation to the school the Secretary of State must consult the following about the identity of the person with whom the arrangements are to be entered into—\n(a) the trustees of the school,\n(b) the person or persons by whom the foundation governors are appointed, and\n(c) in the case of a school which has a religious character, the appropriate religious body.\n(3) In this section, “the appropriate religious body”, in relation to a school, means—\n(a) in the case of a Church of England school or a Roman Catholic school, the appropriate diocesan authority;\n(b) in any other case, such body or person representing the specified religion or religious denomination as is prescribed under section 88F(3)(e) of SSFA 1998.\n(4) In the case of a school in relation to which there is more than one religion or religious denomination specified, references to “the appropriate religious body” are to be read as references to both or all of the bodies concerned.\n(5) In subsections (3) and (4), “specified” means specified in the order under section 69(3) of SSFA 1998 relating to the school.\n(6) Expressions used in this section and SSFA 1998 have the same meaning as in that Act.\n\n5B Duty to facilitate conversion\n(1) Where an Academy order under section 4(A1) or (1)(b) has effect in respect of a school, the governing body of the school and the local authority must take all reasonable steps to facilitate the conversion of the school into an Academy.\n(2) Where the Secretary of State notifies the governing body or local authority that the Secretary of State is minded to enter into Academy arrangements with a specified person, their duty under subsection (1) includes a duty to take all reasonable steps to facilitate the making of Academy arrangements with that person.\n\n5CPower to give directions to do with conversion\n(1) Where an Academy order under section 4(A1) or (1)(b) has effect in respect of a school, the Secretary of State may direct the governing body of the school or the local authority to take specified steps for the purpose of facilitating the conversion of the school into an Academy.\n(2) A direction may, in particular, require the governing body or local authority to prepare a draft of a scheme under section 8 or Part 1 of Schedule 1.\n(3) A direction may specify the period within which any steps must be taken.\n\n5DPower to revoke Academy orders under section 4(A1) or (1)(b)\n(1) The Secretary of State may by order revoke an Academy order under section 4(A1) or (1)(b).\n(2) If an Academy order is revoked the Secretary of State must give a copy of the order to everyone to whom a copy of the Academy order was given under section 4(4).\n(3) Despite section 568(1) of EA 1996 (orders to be made by statutory instrument) (as applied by section 17(4) of this Act) the power of the Secretary of State to make an order under this section is not required to be exercised by statutory instrument.\n\n5EDuty to communicate information about plans to improve school\n(1) Before a maintained school in England which is causing concern is converted into an Academy, the proposed proprietor of the Academy must communicate to the registered parents of registered pupils at the school information about the proposed proprietor's plans to improve the school.\n(2) For the purposes of subsection (1)—\n(a) the “proposed proprietor of the Academy” is the person with whom the Secretary of State proposes to enter or has entered into Academy arrangements in respect of the school;\n(b) a school is “causing concern” if it is eligible for intervention within the meaning of Part 4 of EIA 2006.\n\n6 Effect of Academy order\n(1) This section applies if an Academy order has effect in respect of a school.\n(2) The local authority must cease to maintain the school on the date (“the conversion date”) on which the school, or an educational institution that replaces it, opens as an Academy (“the Academy”).\n(2A) Subsection (2) does not prohibit the local authority from providing financial or other assistance in respect of the Academy, including by—\n(a) making payments in respect of some (but not all) of the expenses of maintaining the Academy,\n(b) providing premises, goods or services for the Academy, or\n(c) making premises, goods or services available to be used for the purposes of the Academy.\n(3) If the school is a selective school and is to be converted into an Academy school , section 1A(1)(c) (requirement to provide education for pupils of different abilities) does not apply in relation to any Academy arrangements to be entered into in relation to the school or an educational institution that replaces it.\n(4) For this purpose a school is a “selective school” if its admission arrangements make provision for selection of pupils by ability, and—\n(a) its admission arrangements are permitted to do so by section 100 of SSFA 1998 (permitted selection: pre-existing arrangements), or\n(b) the school is designated under section 104 of SSFA 1998 (designation of grammar schools).\nSection 99(5) of SSFA 1998 applies for the purposes of this subsection as it applies for the purposes of Chapter 2 of Part 3 of SSFA 1998.\n(5) If the Academy is an Academy school, the relevant independent school standards are to be treated as met in relation to it on the conversion date.\n(6)“The relevant independent school standards” are the independent school standards (as defined in section 157(2) of EA 2002) that are applicable to the Academy on the conversion date.\n(7) Subsection (8) applies if the school—\n(a) is a foundation or voluntary school which is designated by order under section 69(3) of SSFA 1998 as a school having a particular religious character , and\n(b) is to be converted into an Academy school.\n(8) The Academy is to be treated, on the conversion date, as designated by order under section 69(3) of SSFA 1998 as an independent school having that religious character.\n(9) Nothing in any of the following provisions applies in a case where a local authority cease to maintain a school as a result of an Academy order—\n  * section 30 of SSFA 1998 (notice to discontinue school);\n  * sections 15 to 17 of EIA 2006 (procedure for discontinuance of schools).\n\n7 Transfer of school surpluses\n(1) This section applies if—\n(a) an Academy order has effect in respect of a school,\n(b) the order was made following an application under section 3, and\n(c) the school is to be converted into an Academy.\n(2) The local authority must determine—\n(a) whether, immediately before the conversion date, the school has a surplus, and\n(b) if so, the amount of the surplus.\n(3) The local authority must pay any amount determined under subsection (2)(b) to the proprietor of the Academy, subject to the provisions of regulations under subsection (4).\n(4) Regulations may make provision in connection with the determination and payment of the amount of a surplus under this section.\n(5) Regulations under subsection (4) may in particular include provision—\n(a) requiring the local authority to inform the proprietor of the determinations under subsection (2);\n(b) authorising the proprietor to apply to the Secretary of State for a review of those determinations;\n(c) about the procedure for, and the Secretary of State's powers on, any such review;\n(d) about the effect of any such review on the amount required to be paid by the local authority to the proprietor (including provision requiring repayment of sums by the proprietor or the payment of additional sums by the local authority);\n(e) about the time limits for doing anything required or permitted to be done under this section or the regulations.\n(6) For the purposes of this section—\n(a) a school has a surplus immediately before the conversion date if, at that time, there is an amount made available in respect of the school by a local authority to the school's governing body (under section 50 of SSFA 1998 or otherwise) that has not been spent by the governing body or the head teacher;\n(b) the amount of the surplus is that amount.\nThis subsection is subject to subsection (9).\n(7) For the purposes of subsection (6), the amount which, immediately before the conversion date, has been made available in respect of a school to the school's governing body must be calculated taking into account any relevant redetermination for the funding period in which the conversion date falls.\n(8) In subsection (7)—\n  * “funding period” has the meaning given by section 45(1B) of SSFA 1998;\n  * “relevant redetermination” means a redetermination of the school's budget share which is required in accordance with regulations under section 47 of that Act.\n(9) If the school is a federated school, the questions of —\n(a) whether the school has a surplus, and\n(b) if so, the amount of the surplus,\nare to be determined in accordance with regulations.\n\n8 Transfer schemes: other property, rights and liabilities\n(1) This section applies if—\n(a) an Academy order has effect in respect of a school, and\n(b) the school is to be converted into an Academy.\n(2) The Secretary of State may make a scheme (a “transfer scheme”) in relation to—\n(a) property used or held for the purposes of the school by a local authority or the school's governing body, and\n(b) rights and liabilities (including rights and liabilities in relation to staff) of the local authority or the governing body which were acquired or incurred for the purposes of the school.\n(3) A transfer scheme may not make provision in relation to—\n(a) land, or rights or liabilities in respect of land (see Schedule 1), or\n(b) property or rights to which section 7 applies.\n(4) A transfer scheme may provide for the transfer of property, rights and liabilities to a person concerned with the running of the Academy.\n(5) A transfer scheme may—\n(a) create rights, or impose liabilities, in relation to property, rights or liabilities transferred by virtue of the scheme;\n(b) provide for anything done by or in relation to the current owner in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to the transferee;\n(c) apportion property, rights and liabilities;\n(d) make provision about the continuation of legal proceedings.\n(6) The things that may be transferred by a transfer scheme include—\n(a) property, rights and liabilities that could not otherwise be transferred;\n(b) property acquired, and rights and liabilities arising, after the making of the scheme.\n(7) A transfer by virtue of a transfer scheme does not affect the validity of anything done by or in relation to the current owner before the transfer takes effect.\n(8) A transfer scheme may include incidental, consequential, supplemental and transitional provision.\n(9) In this section “ the current owner ” means the person by whom the property is held, or in whom the rights or liabilities are vested, immediately before the transfer to be effected by a transfer scheme takes effect.\n(10) A transfer made by virtue of a transfer scheme is binding on all persons even if, apart from this subsection, it would have required the consent or concurrence of any person.\n\n16 to 19 Academies designated as having a religious character\n\n8ADesignation of 16 to 19 Academy as having a religious character\n(1) The Secretary of State may by order designate a 16 to 19 Academy as having a religious character.\n(2) The Secretary of State may designate an Academy under this section only if the proprietor of the Academy is a qualifying Academy proprietor within the meaning given by section 12(2).\n(3) The order must specify the religion or religious denomination in relation to which the Academy is designated.\n(4) The Secretary of State may make regulations about the procedure to be followed in connection with—\n(a) the designation of an Academy in an order under this section, and\n(b) the inclusion in such an order of the specification required by subsection (3).\n(5) Despite section 568(3) of EA 1996 (orders to be made by statutory instrument subject to the negative procedure), as applied by section 17(4) of this Act, a statutory instrument containing an order under this section is not subject to annulment in pursuance of a resolution of either House of Parliament.\n\n8BConstitution of Academy proprietor, collective worship and religious education\n(1) The articles of association of the proprietor of an Academy designated under section 8A must provide for a majority of the directors of the proprietor to be persons appointed for the purposes of securing, so far as practicable, that—\n(a) the character of the designated Academy reflects the tenets of the religion or religious denomination in relation to which the Academy is designated, and\n(b) in a case where there is a trust deed affecting the designated Academy, the Academy is conducted in accordance with it.\n(2) The proprietor of an Academy designated under section 8A may (accordingly) conduct the Academy in a way that secures that the character of the Academy reflects the tenets of the religion or religious denomination in relation to which the Academy is designated (and, in particular, in a way that is in accordance with any trust deed affecting the Academy).\n(3) The proprietor of an Academy designated under section 8A must ensure that at an appropriate time on at least one day in each week during which the Academy is open an act of collective worship is held at the Academy which pupils at the Academy may attend.\n(4) The act of collective worship must—\n(a) be in such form as to comply with the provisions of any trust deed affecting the Academy, and\n(b) reflect the traditions and practices of the religion or religious denomination in relation to which the Academy is designated.\n(5) The proprietor of an Academy designated under section 8A must ensure that religious education is provided at the Academy for all pupils who wish to receive it.\n(6) The proprietor of an Academy is to be treated as complying with subsection (5) if religious education is provided at a time or times at which it is convenient for the majority of full-time pupils to attend.\n(7) For the purposes of this section religious education may take the form of a course of lectures or classes, or of single lectures or classes provided on a regular basis, and may include a course of study leading to an examination or the award of a qualification.\n(8) The form and content of religious education provided under this section—\n(a) must be in accordance with the provisions of any trust deed affecting the Academy, and\n(b) must not be contrary to the traditions of the religion or religious denomination in relation to which the Academy is designated,\nbut is otherwise to be determined from time to time by the proprietor of the Academy.\n(9) Notwithstanding section 17(4), in this section—\n(a)“pupil” means a person receiving education at the 16 to 19 Academy;\n(b)“trust deed” includes any instrument (other than the articles or memorandum of association) regulating the constitution of the proprietor of the Academy or the maintenance, management or conduct of the Academy.\n\nAcademies: other provisions\n\n9 Impact: new and expanded educational institutions\n(1) This section applies if the Secretary of State is deciding whether to enter into Academy arrangements in relation to—\n(a) a new educational institution, or\n(b) an existing educational institution that, if the arrangements are entered into, will provide education for pupils of a wider range of ages.\n(2) The Secretary of State must take into account what the impact of entering into the arrangements would be likely to be on maintained schools, Academies, institutions within the further education sector and alternative provision in the area in which the institution is proposed to be, or is, situated.\n(3) An educational institution is not new for the purposes of this section if—\n(a) it replaces one or more maintained schools, Academies or sixth form colleges that have been or are to be discontinued, and\n(b) it provides education for persons of the same range of ages as the institution it replaces (or, as the case may be, the institutions it replaces, taken together).\n(4)“Alternative provision” means educational provision for which a local authority has made arrangements under section 19 of EA 1996 (exceptional provision of education in pupil referral units or elsewhere).\n\n10 Consultation: new and expanded educational institutions\n(1) This section applies before a person enters into Academy arrangements with the Secretary of State in relation to—\n(a) a new educational institution, other than a new educational institution that is the subject of proposals under section 7 of EIA 2006 (proposals to establish new school following invitation from local authority), or\n(b) an existing educational institution that, if the arrangements are entered into, will provide education for pupils of a wider range of ages.\n(2) The person must carry out a consultation on the question of whether the arrangements should be entered into.\n(3) The consultation must seek the views of such persons as the person carrying it out thinks appropriate.\n(4) Section 9(3) (when educational institution not new) applies for the purposes of this section.\n\n10ACharges at boarding Academies\n(1) This section applies where—\n(a) a registered pupil at an Academy school or an alternative provision Academy is provided with board and lodging at the Academy, and\n(b) the local authority for the pupil's area is satisfied that either condition A or condition B is met.\n(2) Condition A is that education suitable to the pupil's age, ability and aptitude, and to any special educational needs the pupil may have, cannot otherwise be provided for the pupil.\n(3) Condition B is that payment of the full amount of the charges in respect of the board and lodging would involve financial hardship to the pupil's parent.\n(4) If the authority is satisfied that condition A is met, the authority must pay the full amount of the charges in respect of the board and lodging to the proprietor of the Academy.\n(5) If the authority is satisfied that condition B is met, the authority must pay to the proprietor of the Academy so much of the charges in respect of the board and lodging as, in the opinion of the authority, is needed to avoid financial hardship to the pupil's parent.\n(6) The proprietor of the Academy must remit the charges that would otherwise be payable by the pupil's parent, to the extent that it receives a payment from the local authority in respect of those charges under subsection (4) or (5).\n\n11 Annual reports\n(1) For each academic year the Secretary of State must prepare and publish a report containing information on—\n(a) Academy arrangements entered into during the year, and\n(b) the performance of Academies during the year (see subsection (2)).\n(2) The report must include information relating to the performance of Academies which has been provided to the Secretary of State pursuant to—\n(a) regulations made under section 537 of EA 1996 (power of Secretary of State to require information);\n(b) Academy arrangements.\n(3) The first report under this section must relate to the academic year beginning 1 August 2010.\n(4) The Secretary of State must lay before Parliament a copy of each report under this section.\n(5) In this section “academic year” means a period of 12 months beginning on 1 August.\n\n12 Charitable and trust corporation status of Academy proprietors etc\n(1) A qualifying Academy proprietor is a charity.\n(1A) In the definition of “trust corporation” in the provisions listed in subsection (1B), the reference to a corporation appointed by the court in any particular case to be a trustee includes a reference to a qualifying Academy proprietor.\n(1B) The provisions are—\n(a) section 117(1)(xxx) of the Settled Land Act 1925;\n(b) paragraph (18) of section 68(1) of the Trustee Act 1925;\n(c) section 205(1)(xxviii) of the Law of Property Act 1925;\n(d) section 55(1)(xxvi) of the Administration of Estates Act 1925;\n(e) section 128 of the Senior Courts Act 1981.\n(2) A “qualifying Academy proprietor” is a company—\n(a) which is limited by guarantee,\n(b) whose registered office is situated in England and Wales,\n(c) which in pursuance of Academy arrangements is the proprietor of an Academy, and\n(d) whose object as expressed in its articles or memorandum of association (or each of whose objects as so expressed) is a charitable purpose.\n(3) Expressions used in subsection (2) and in the Companies Act 2006 have the same meaning in that subsection as in that Act.\n(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(5) The setting up, establishment and running of a secure 16 to 19 Academy is to be treated as a charitable purpose that falls within the description in section 3(1)(b) of the Charities Act 2011 (advancement of education) for the purposes of—\n(a) this section,\n(b) the Charities Act 2011, and\n(c) any other enactment that applies (in whatever way) the definition of “charitable purpose” in section 2 of that Act.\n(6) But subsection (5) is to be disregarded in determining, in accordance with section 3(1)(m) of the Charities Act 2011, whether a purpose may be regarded as analogous to, or within the spirit of, a purpose falling within paragraph (b) of section 3(1) of that Act.\n\n13 Academies: land\nSchedule 1 (Academies: land) has effect.\n\n14 Academies: amendments\nSchedule 2 (Academies: amendments) has effect.\n\nGeneral\n\n15 Transitional provisions\n(1) This section applies to references in a provision of an Act or any other instrument or document, in relation to times on and after the commencement date.\n(2) But it does not apply to references in sections 1 to 8 or this section, and is subject to any contrary provision made by or under this or any other Act.\n(3) A reference to Academy arrangements is to be read as including a reference to an agreement under section 482 of EA 1996.\n(4) A reference to an Academy is to be read as including a reference to a city technology college and a city college for the technology of the arts.\n(5) A reference to an agreement under section 482 of EA 1996 is to be read as being or (according to context) including a reference to Academy arrangements.\n(6) If an agreement under section 482 of EA 1996 has effect immediately before the commencement date in relation to a school which is known as an Academy, the agreement is to be treated as an Academy agreement under section 1 of this Act.\n(7) Subsections (8) and (9) apply if an agreement under section 482 of EA 1996 has effect immediately before the commencement date in relation to a school which is known as a city technology college or a city college for the technology of the arts.\n(8) If the proprietor of the school and the Secretary of State agree—\n(a) the agreement under section 482 of EA 1996 is to be treated as an Academy agreement under section 1 of this Act, and\n(b) the school is accordingly to be known as an Academy.\n(9) In any other case, the continued operation of the agreement under section 482 of EA 1996 is not affected by the repeal by this Act of—\n(a) section 482(1) to (5) of EA 1996, or\n(b) section 68 of EA 2002.\n(10) In this section “the commencement date” means the date on which section 1 comes into force.\n\n16 Pre-commencement applications etc\n(1) Subsection (2) applies if, before the commencement date, the governing body of a maintained school in England make an application to the Secretary of State which, if it had been made on or after that date, would have been an application under section 3.\n(2) The application is to be treated as an application under that section.\n(3) Subsection (4) applies if, before the commencement date—\n(a) steps are taken by the governing body of a foundation or voluntary school that has a foundation, and\n(b) if section 3 had been in force, those steps would have satisfied the requirement of section 3(3) (consultation of foundation).\n(4) The steps are to be treated as satisfying that requirement.\n(5) Subsection (6) applies if, before the commencement date—\n(a) consent to an application by a governing body is given, and\n(b) if section 3 had been in force, the consent would have satisfied any requirement of section 3(4) (consent of trustees and persons appointing foundation governors).\n(6) The consent is to be treated as satisfying that requirement.\n(7) In this section “the commencement date” means the date on which section 3 comes into force.\n\n17 Interpretation of Act\n(1) In this Act—\n  * “EA 1996” means the Education Act 1996;\n  * “SSFA 1998” means the School Standards and Framework Act 1998;\n  * “EA 2002” means the Education Act 2002;\n  * “EA 2005” means the Education Act 2005;\n  * “EIA 2006” means the Education and Inspections Act 2006;\n  * “ASCLA 2009” means the Apprenticeships, Skills, Children and Learning Act 2009;\n  * “CSFA 2010” means the Children, Schools and Families Act 2010.\n(2) In this Act—\n  * “the Academy”, in a case in which an Academy order is made, has the meaning given by section 6(2);\n  * “the conversion date” has the meaning given by section 6(2);\n  * “federated school” has the meaning given by section 24(2) of EA 2002;\n  * “the local authority” in relation to a maintained school, means the authority by which the school is maintained;\n  * “maintained school” means—\n    (a) a community, foundation or voluntary school, or\n    (b) a community or foundation special school.\n(3) Section 4(3) (when a maintained school is “converted into” an Academy) applies for the purposes of this Act.\n(4) EA 1996 and sections 1 to 13, 15 and 16 of this Act are to be read as if those sections were contained in EA 1996.\n(5) Unless the context otherwise requires, a reference in this Act to—\n(a) a community, foundation or voluntary school, or\n(b) a community or foundation special school,\nis to such a school within the meaning of SSFA 1998.\n\n18 Extent\n(1) This Act extends to England and Wales only, subject to subsection (2).\n(2) An amendment or repeal made by this Act has the same extent as the provision to which it relates.\n\n19 Commencement\n(1) Sections 15 to 20 come into force on the day on which this Act is passed.\n(2) The other provisions of this Act come into force on whatever day or days the Secretary of State appoints by order made by statutory instrument.\n(3) An order under subsection (2)—\n(a) may make different provision for different purposes or different areas;\n(b) may make incidental, consequential, supplemental, transitional or transitory provision or savings.\n\n20 Short title\n(1) This Act may be cited as the Academies Act 2010.\n(2) This Act is to be included in the list of Education Acts set out in section 578 of EA 1996.\n\nSCHEDULES\nSection 13\n\nSCHEDULE 1ACADEMIES: LAND\n\nPart 1 Land held by a local authority\n\nTransfer scheme where land ceases to be used for purposes of a school or 16 to 19 Academy\n1(1)The Secretary of State may make a scheme in relation to land if the requirements in sub-paragraph (2) are met.\n(2) The requirements are as follows—\n(a) a local authority holds a freehold or leasehold interest in the land when the scheme is made;\n(b) at any time in the period of eight years ending with the day on which the scheme is made the land was used wholly or mainly for the purposes of a school or a 16 to 19 Academy;\n(c) at the time the scheme is made the land is no longer used for the purposes of the school or 16 to 19 Academy mentioned in paragraph (b) or the Secretary of State thinks it is about to be no longer so used.\n(3) The scheme must meet the requirements in paragraph 3(1).\n\nTransfer scheme following proposals for establishment of new Academy\n2(1)The Secretary of State may make a scheme in relation to land if the requirements in sub-paragraph (2) are met.\n(2) The requirements are as follows—\n(a) a local authority holds a freehold or leasehold interest in the land when the scheme is made;\n(b) the land forms the whole or part of a site specified in a notification given to the Secretary of State under section 6A of EIA 2006, or a notice published under section 7 of that Act, (proposals for new schools) as a possible site for a new school;\n(c) before making the scheme, the Secretary of State consulted the authority.\n(3) The scheme must meet the requirements in paragraph 3(1).\n\nTransfer schemes under paragraphs 1 and 2: general\n3(1)These requirements must be met as regards a scheme under paragraph 1 or 2—\n(a) the scheme must provide for a transfer of the land or such part of it as is specified in the scheme;\n(b) the scheme must specify whether the transfer is the transfer of a freehold or leasehold interest in the land or the grant of a lease in respect of the land (see paragraph 22(4));\n(c) the transfer must be to a person who is specified in the scheme and is concerned with the running of an Academy;\n(d) the transfer must be made to the transferee for the purposes of the Academy;\n(e) in the case of a scheme under paragraph 2, the Academy must have been the subject of proposals under section 6A or 7 of EIA 2006;\n(f) the scheme must make provision about the transfer to the transferee of any right or liability held by the local authority as holder of the land or specified part concerned.\n(2) In sub-paragraph (1) the reference to a right or liability—\n(a) includes a reference to a right or liability as a trustee, but\n(b) excludes a reference to a liability in respect of the principal of or interest on a loan.\n(3) A scheme may include incidental, consequential, supplemental and transitional provision.\n(4) A scheme under paragraph 1 must be so expressed that it does not come into force while the land concerned is used for the purposes of the school or 16 to 19 Academy mentioned in paragraph 1(2)(b).\n(5) A scheme comes into force—\n(a) on the day it specifies for it to come into force, or\n(b) on the day it otherwise identifies as the day for it to come into force.\n(6) When a scheme comes into force it has effect to transfer (in accordance with its provisions) the land, rights and liabilities to which it applies.\n(7) A transfer made by virtue of a scheme is binding on all persons even if, apart from this sub-paragraph, it would have required the consent or concurrence of any person.\n\nRestriction on disposal of land held by local authority for purposes of a school or 16 to 19 Academy\n4(1)Sub-paragraph (2) applies if—\n(a) a freehold or leasehold interest in land is held by a local authority,\n(b) the authority proposes to make a disposal in respect of the land, and\n(c) at any time in the period of eight years ending with the day on which the disposal is proposed to be made, the land was used wholly or mainly for the purposes of a school or a 16 to 19 Academy.\n(2) Unless the Secretary of State consents, the authority must not make the disposal.\n(3) Sub-paragraph (2) does not apply to a disposal made in pursuance of a contract made, or option granted, before 26 July 2002.\n(4) A disposal is not invalid only because it is made in contravention of sub-paragraph (2).\n(5) A person acquiring land, or entering into a contract to acquire it, is not to be concerned to enquire whether the consent required by sub-paragraph (2) has been given.\n5(1)This paragraph applies if a local authority has made a disposal in contravention of paragraph 4(2).\n(2) In a case where the authority has made a disposal within the meaning of this Schedule because it has granted an option (see paragraph 22(5)(d)), the Secretary of State may by notice served on the option holder repudiate the option at any time before it is exercised.\n(3) In a case where the authority has made a disposal within the meaning of this Schedule because it has entered into a contract to dispose of land (see paragraph 22(5)(c)), the Secretary of State may by notice served on the other party to the contract repudiate it at any time before a conveyance of the land is executed.\n(4) A repudiation under sub-paragraph (2) or (3) has effect—\n(a) when the notice is served, and\n(b) as if the repudiation were made by the authority.\n(5) In a case where the land has been transferred (whether or not in pursuance of an option or contract falling within sub-paragraph (2) or (3)) the Secretary of State may purchase the land compulsorily.\n(6) The Acquisition of Land Act 1981 applies in relation to the compulsory purchase of land under sub-paragraph (5).\n(7) On completion of a compulsory purchase of land under sub-paragraph (5) the Secretary of State must transfer it to a person concerned with the running of an Academy.\n(8) If the Secretary of State acquires land by compulsory purchase under sub-paragraph (5), the Secretary of State is entitled to recover from the authority an amount equal to the aggregate of—\n(a) the compensation agreed or awarded in respect of the purchase,\n(b) any interest payable by the Secretary of State in respect of the compensation, and\n(c) the costs and expenses incurred by the Secretary of State in connection with the making of the compulsory purchase order.\n(9) The authority must provide the Secretary of State with such information as the Secretary of State may require it to provide in connection with a compulsory purchase under sub-paragraph (5).\n\nRestriction on appropriation of land held by local authority for purposes of a school or 16 to 19 Academy\n6(1)Sub-paragraph (2) applies if—\n(a) a freehold or leasehold interest in land is held by a local authority,\n(b) the authority proposes to make an appropriation of the land under section 122 of the Local Government Act 1972, and\n(c) at any time in the period of eight years ending with the day on which the appropriation is proposed to be made the land was used wholly or mainly for the purposes of a school or a 16 to 19 Academy.\n(2) Unless the Secretary of State consents, the authority must not make the appropriation.\n7(1)This paragraph applies if a local authority has made an appropriation in contravention of paragraph 6(2).\n(2) The Secretary of State may purchase the land concerned compulsorily.\n(3) Sub-paragraphs (6) to (9) of paragraph 5 apply to a compulsory purchase of land under sub-paragraph (2) as they apply to a compulsory purchase of land under paragraph 5(5).\n\nClass consents\n8 For the purposes of paragraphs 4(2) and 6(2), the consent of the Secretary of State—\n(a) may be given in relation to a particular case or class of case, and\n(b) may be given subject to conditions.\n\nDuty to inform Secretary of State on proposed change of use of land used for purposes of a school or 16 to 19 Academy\n9(1)Sub-paragraph (2) applies if—\n(a) a freehold or leasehold interest in land is held by a local authority,\n(b) the authority proposes to change the use of the land in such a way that (were the change made) the land would cease to be capable of use wholly or mainly for the purposes of a school or a 16 to 19 Academy, and\n(c) at any time in the period of eight years ending with the date of the proposed change of use the land was used wholly or mainly for the purposes of a school or a 16 to 19 Academy.\n(2) The authority must inform the Secretary of State of the proposal.\n\nPart 2 Land held by a governing body, a foundation body or trustees\n\nPower of Secretary of State to make direction where Academy order made\n10(1)This paragraph applies where—\n(a) an Academy order has effect in respect of—\n(i) a voluntary school,\n(ii) a foundation school, or\n(iii) a foundation special school, and\n(b) the school is to be converted into an Academy school .\n(2) The Secretary of State may make one or more of the directions listed in sub-paragraph (3) in respect of publicly funded land which is held for the purposes of the school by—\n(a) the governing body of the school,\n(b) the foundation body of the school, or\n(c) the trustees of the school.\n(3) The directions are—\n(a) that the land or any part of the land be transferred to such local authority as the Secretary of State may specify, subject to the payment by that authority of such sum by way of consideration (if any) as the Secretary of State determines to be appropriate;\n(b) that the governing body, the foundation body or the trustees, as the case may be, pay, either to the Secretary of State or to such local authority as the Secretary of State may specify, the whole or any part of the value, as at the date of the direction, of the whole or any part of the land;\n(c) that the land or any part of the land be transferred to a person concerned with the running of the Academy school , subject to the payment by that person or the Secretary of State of such sum by way of consideration (if any) as the Secretary of State determines to be appropriate.\n(4) Unless otherwise specified in the direction, any transfer of land pursuant to sub-paragraph (3) is to take place on the conversion date.\n\nPower of Secretary of State to make direction on discontinuance of foundation, voluntary or foundation special school\n11(1)This paragraph applies where the Secretary of State has received an application under sub-paragraph (2), (3) or (4ZA) of paragraph 5 of Schedule 22 to SSFA 1998 (application in respect of land held by governing body, foundation body or trustees on discontinuance of school).\n(2) The Secretary of State may direct that the land or any part of the land to which the application relates be transferred to a person concerned with the running of an Academy, subject to the payment by that person or the Secretary of State of such sum by way of consideration (if any) as the Secretary of State determines to be appropriate.\n\nPower of Secretary of State to make direction on proposed disposal of school land\n12(1)This paragraph applies where the Secretary of State has received a notice under any of the following paragraphs of Schedule 22 to SSFA 1998—\n(a) paragraph A1A(4) (notice by governing body of intention to dispose of publicly funded land);\n(b) paragraph A7A(4) (notice by foundation body of intention to dispose of publicly funded land);\n(c) paragraph A13A(6) (notice by trustees of intention to dispose of publicly funded land);\n(d) paragraph A23(4)(b) (notice by local authority of intention to apply for transfer order in respect of publicly funded land).\n(2) The Secretary of State may direct that the land or any part of the land to which the notice relates be transferred to a person concerned with the running of an Academy, subject to the payment by that person or the Secretary of State of such sum by way of consideration (if any) as the Secretary of State determines to be appropriate.\n\nTransfer of land and other property on dissolution of governing body\n13(1)This paragraph applies where a governing body of a school are to be dissolved by virtue of paragraph 5(2)(a)(iv) of Schedule 1 to EA 2002 (dissolution of governing body on conversion date following Academy order).\n(2) Where a governing body are so dissolved, the following are transferred as provided in sub-paragraph (3)—\n(a) all publicly funded land which is held by the governing body for the purposes of the school and which is not transferred on the conversion date (pursuant to a direction under paragraph 10 or otherwise);\n(b) all other property of the governing body which is used or held for the purposes of the school;\n(c) all rights and liabilities of the governing body (including rights and liabilities in relation to staff) which were acquired or incurred for the purposes of the school.\n(3) The land, other property, rights and liabilities are, on the conversion date, transferred to, and by virtue of this Act vest in—\n(a) the local authority that maintained the school, or\n(b) such person concerned with the running of an Academy school as the Secretary of State directs before the conversion date.\n(4) Sub-paragraph (2) does not apply to—\n(a) any land for which provision has been made for payment under paragraph 10(3)(b),\n(b) any land or other property which is held by the governing body on trust for the purposes of the school,\n(c) any property or rights to which section 7 (transfer of school surpluses) applies, or\n(d) unless the Secretary of State otherwise directs before the conversion date, any liabilities of the governing body in respect of a loan made to the governing body.\n(5) Subject to sub-paragraphs (6) and (7), a governing body who are to be dissolved as mentioned in sub-paragraph (1) may transfer any land or other property which is held by them on trust for the purposes of the school to any person to hold such land or other property on trust for purposes connected with the provision of education in schools.\n(6) Sub-paragraph (5) does not apply to land in respect of which a direction has been made under paragraph 10(3) (a) or (c).\n(7) Sub-paragraph (5) does not apply to land or other property held by a governing body on trust for the purposes of the school in a case where any other persons (“other trustees”) also hold land or other property on trust for the purposes of the school.\n(8) In a case mentioned in sub-paragraph (7), the land or other property held on trust by the governing body is, on the conversion date, transferred to, and by virtue of this Act vests in, the other trustees.\n(9) If any doubt or dispute arises as to the persons to whom land or other property is transferred under sub-paragraph (8), it is to be treated as so transferred to such persons as the Secretary of State directs.\n\nPart 3 Land held for the purposes of an Academy\n\nNotice in relation to certain land held for the purposes of an Academy\n14(1)This paragraph applies to land—\n(a) that is held for the purposes of an Academy, and\n(b) that has been acquired or enhanced in value wholly or partly by payments made by or on behalf of—\n(i) a local authority, or\n(ii) the Secretary of State.\nThis is subject to sub-paragraph (2).\n(2) If a leasehold interest in land is held for the purposes of a new Academy, this paragraph does not apply to—\n(a) that or any other leasehold interest in the land, or\n(b) a freehold interest in the land.\n(3) An Academy is a new Academy for the purposes of sub-paragraph (2) if, by virtue of section 9(1)(a) (new educational institutions), the duty in section 9(2) (impact on other schools etc) applied when the Secretary of State was deciding whether to enter into Academy arrangements in relation to it.\n(4) In the case of land to which this paragraph applies that has been acquired or enhanced in value wholly or partly by payments made by or on behalf of a local authority, the authority may serve a notice under sub-paragraph (6).\n(5) In the case of land to which this paragraph applies that has been acquired or enhanced in value wholly or partly by payments made by or on behalf of the Secretary of State, the Secretary of State may serve a notice under sub-paragraph (6).\n(6) A notice under this sub-paragraph is a notice that the land is publicly funded land for the purposes of this Schedule.\n(7) A notice under sub-paragraph (6) must be served—\n(a) on the person holding the land (subject to sub-paragraph (8)),\n(b) within the period of six months beginning with the date on which the payments were made, or, if there is more than one such date, the latest of those dates.\n(8) Where the land is vested in the official custodian for charities in trust for a charity, a notice under sub-paragraph (6) must be served—\n(a) on the charity, if the charity is a corporate charity;\n(b) on the persons having the general control and management of the administration of the charity, in any other case.\n\nPower of Secretary of State to make direction on educational institution ceasing to be an Academy\n15(1)This paragraph applies if—\n(a) an educational institution ceases to be an Academy, and\n(b) immediately before it does so, publicly funded land is held by a person for the purposes of the Academy.\n(2) Sub-paragraph (1)(a) applies whether or not, on the educational institution ceasing to be an Academy, it simultaneously ceases to function as an educational institution.\n(3) The Secretary of State may make one or more of the following directions—\n(a) a direction that the land or any part of the land be transferred to such local authority as the Secretary of State may specify, subject to the payment by that authority of such sum by way of consideration (if any) as the Secretary of State determines to be appropriate;\n(b) a direction that the person holding the land pay, either to the Secretary of State or to such local authority as the Secretary of State may specify, the whole or any part of the value, as at the date of the direction, of the whole or any part of the land;\n(c) a direction that the land or any part of the land be transferred to a person concerned with the running of an Academy, subject to the payment by that person or the Secretary of State of such sum by way of consideration (if any) as the Secretary of State determines to be appropriate;\n(d) a direction that the land or any part of the land be transferred to the governing body, foundation body or trustees of a school, subject to the payment by that body or trustees (as the case may be) or the Secretary of State of such sum by way of consideration (if any) as the Secretary of State determines to be appropriate.\n\nTermination of occupation by Academy of land held by trustees: notice of termination and power of Secretary of State to make direction\n16(1)This paragraph applies if—\n(a) land has been held for the purposes of a maintained school by the trustees of the school,\n(b) the land is held by the trustees for the purposes of an Academy, and\n(c) the termination of the Academy's occupation of the land would have the result that it was not reasonably practicable for the Academy to continue to be conducted at its existing site.\n(2) A notice given by the trustees to the Academy proprietor that purports to terminate the Academy's occupation of the land is not effective unless—\n(a) the period of notice is reasonable, having regard to the length of time that it would take to terminate the Academy arrangements, and in any event is not less than two years, and\n(b) a copy of the notice is given to the Secretary of State and the local authority by which the school was maintained at the same time as the notice is given to the proprietor.\n(3) Where the trustees give, at the same (or substantially the same) time, notices purporting to terminate an Academy's occupation of two or more pieces of land held by the trustees for the purposes of the Academy, then for the purpose of determining whether sub-paragraph (1)(c) applies in relation to any of those pieces of land, regard may be had to the combined effect of terminating the Academy's occupation of both or all of them.\n(4) If a question arises as to whether the termination of an Academy's occupation of any land would have the result mentioned in sub-paragraph (1)(c) (including a question as to whether sub-paragraph (3) applies in any particular circumstances), it is to be determined by the Secretary of State.\n(5) Sub-paragraph (6) applies where a notice that is effective to terminate an Academy's occupation of land relates to publicly funded land.\n(6) The Secretary of State may make one or more of the following directions—\n(a) a direction that the land or any part of the land be transferred to such local authority as the Secretary of State may specify, subject to the payment by that authority of such sum by way of consideration (if any) as the Secretary of State determines to be appropriate;\n(b) a direction that the trustees pay, either to the Secretary of State or to such local authority as the Secretary of State may specify, the whole or any part of the value, as at the date of the direction, of the whole or any part of the land;\n(c) a direction that the land or any part of the land be transferred to a person concerned with the running of an Academy, subject to the payment by that person or the Secretary of State of such sum by way of consideration (if any) as the Secretary of State determines to be appropriate;\n(d) a direction that the land or any part of the land be transferred to the governing body, foundation body or trustees of a school, subject to the payment by that body or trustees (as the case may be) or the Secretary of State of such sum by way of consideration (if any) as the Secretary of State determines to be appropriate.\n\nPower of Secretary of State to make direction on proposed disposal of Academy land\n17(1)This paragraph applies to a disposal of publicly funded land that is held by a person (“P”) for the purposes of an Academy.\n(2) P must give the Secretary of State notice of P's intention to dispose of the land.\n(3) In determining whether, and how, to give notice to the Secretary of State under sub-paragraph (2), P must have regard to any guidance given from time to time by the Secretary of State.\n(4) On receipt of the notice, the Secretary of State must—\n(a) decide whether to make a direction under sub-paragraph (7) in respect of the land specified in the notice, and\n(b) notify P of that decision.\n(5) P may not dispose of the land until P has been notified of the Secretary of State's decision.\n(6) If the Secretary of State decides to make a direction in respect of the land, P may not dispose of the land except in accordance with the direction.\n(7) The Secretary of State may make one or more of the following directions—\n(a) a direction that the land or any part of the land be transferred to such local authority as the Secretary of State may specify, subject to the payment by that local authority of such sum by way of consideration (if any) as the Secretary of State determines to be appropriate;\n(b) a direction that P pay, either to the Secretary of State or to such local authority as the Secretary of State may specify, the whole or any part of the value, as at the date of the direction, of the whole or any part of the land;\n(c) a direction that the land or any part of the land be transferred to a person concerned with the running of an Academy, subject to the payment by that person or the Secretary of State of such sum by way of consideration (if any) as the Secretary of State determines to be appropriate;\n(d) in the case of playing field land, a direction that the disposal is not to be made.\n(8) In this paragraph—\n(a)“playing field land” means land in the open air which is provided for the purposes of physical education or recreation, other than any land falling within a description prescribed under section 77(7) of SSFA 1998;\n(b) references to a disposal of land include references to a change of use of the land in cases where the land is no longer to be used for the purposes of an Academy.\n\nPart 4 General\n\nDirections under this Schedule: general\n18(1)Where a transfer pursuant to a direction under this Schedule relates to registered land, it is the duty of the transferor—\n(a) to execute any such instrument under the Land Registration Act 2002,\n(b) to deliver any such certificate under that Act, and\n(c) to do such other things under that Act,\nas the transferor would be required to execute, deliver or do in the case of a transfer by agreement between the transferor and the transferee.\n(2) A direction under this Schedule may include such incidental, consequential, supplemental and transitional provision as the Secretary of State thinks is appropriate for giving it full effect.\n\nDisapplication of rule against perpetuities\n19(1)Where—\n(a) land is transferred for no consideration for the purposes of an Academy, and\n(b) the person who transferred the land is granted an option to make a re-acquisition of the land (subject to whatever conditions),\nthe rule against perpetuities does not apply to the option.\n(2) Sub-paragraph (1) does not apply to an option granted before 26 July 2002.\n\nDisapplication of other Acts\n20(1)Where a lease is granted or transferred to a person for the purposes of an Academy on or after 26 July 2002, section 153 of the Law of Property Act 1925 (enlargement of leases granted for no rent etc) does not apply to permit that person to enlarge the term under the lease.\n(2) Subsections (2) and (2A) of section 123 of the Local Government Act 1972 (disposals of land by principal councils) do not apply to a disposal of land to a person for the purposes of an Academy.\n\nRegulations\n21(1)The Secretary of State may make regulations containing such incidental, consequential, supplemental and transitional provisions as the Secretary of State thinks are appropriate in consequence of this Schedule or for giving it full effect.\n(2) Regulations under sub-paragraph (1) about transfer schemes may in particular include provision—\n(a) requiring a person to be appointed by the Secretary of State in connection with the proposed making of a scheme;\n(b) requiring the appointed person to identify the land, rights and liabilities to be transferred by or under a scheme;\n(c) requiring a transferor under a scheme to provide the appointed person with such documents as may be required in order to identify the land, rights and liabilities to be transferred by or under the scheme;\n(d) requiring a transferor under a scheme to execute such instruments, deliver such certificates and do any other such things as are required by the Land Registration Act 2002 in order to transfer the land;\n(e) treating a transferor under a scheme as having given acknowledgement in writing of the rights to production of documents.\n(3) Regulations under sub-paragraph (1) about land held by a local authority may in particular include provision—\n(a) that consent under paragraph 4 (proposed disposal of school land) is to be sought in a specified way;\n(b) that information is to be given under paragraph 9 (duty to inform Secretary of State of proposed change of use of school land) in a specified way.\n(4) Regulations under sub-paragraph (1) about the transfer of land, other property and rights and liabilities under paragraph 13 (transfer of land and other property on dissolution of governing body) may in particular include provision about the production of documents, execution of instruments, delivery of certificates and any other related matters.\n\nInterpretation\n22(1)A dwelling-house used for occupation by a person employed to work at an educational institution is to be treated for the purposes of this Schedule as used for the purposes of the educational institution.\n(2) In this Schedule—\n  * “foundation body”, in relation to a school, has the same meaning as in SSFA 1998 (see section 21(4) of that Act);\n  * “trustees”, in relation to a school, means any person (other than the governing body) holding property on trust for the purposes of the school.\n(3) In this Schedule, “publicly funded land” means—\n(a) in relation to land held by a governing body, land falling within any of paragraphs (a) to (i) of paragraph A1(1) of Schedule 22 to SSFA 1998 (disposals of school land on discontinuance etc);\n(b) in relation to land held by a foundation body, land falling within any of paragraphs (a) to (h) of paragraph A7(1) of that Schedule;\n(c) in relation to land held by trustees, other than land held for the purposes of an Academy, land falling within sub-paragraph (1), (2) or (3) of paragraph A13 of that Schedule;\n(d) in relation to land held for the purposes of an Academy—\n(i) land acquired from a governing body, foundation body or trustees that was, at the time of the acquisition, publicly funded land within the meaning of paragraph (a), (b) or (c);\n(ii) land held by trustees for the purposes of an Academy which was previously held by the trustees for the purposes of a maintained school and which, at the time it was held for the purposes of a maintained school, was publicly funded land within the meaning of paragraph (c);\n(iii) land acquired from a local authority;\n(iv) land in relation to which a notice has been served under paragraph 14;\n(v) land acquired from a person concerned with the running of an Academy that was, at the time of the acquisition, publicly funded land within the meaning of sub-paragraphs (i) to (iv) or this sub-paragraph.\n(4) References in this Schedule to a transfer or disposal of land are to the transfer or disposal of a freehold or leasehold interest in the land or to the grant of a lease in respect of the land.\n(5) References in this Schedule to a disposal of land include references to—\n(a) a compulsory disposal,\n(b) in the case of any premises held under a tenancy to which Part 2 of the Landlord and Tenant Act 1954 applies, the termination of the tenancy under that Part,\n(c) entering into a contract to dispose of land, and\n(d) granting an option to acquire a freehold or leasehold interest in land.\n(6) Where—\n(a) a person (A) holds a freehold or leasehold interest in land from which a leasehold interest has been granted to another person (B), and\n(b) B is concerned with the running of an Academy,\nfor the purposes of this Schedule both A and B are to be treated as holding land for the purposes of an Academy.\n(7) References in this Schedule to a lease include references to a sub-lease.\nSection 14\n\nSCHEDULE 2 Academies: amendments\n\nEducation Act 1996 (c. 56)\n1EA 1996 is amended as follows.\n2 In section 337(b) (special schools not maintained by local authorities) after “approved under section 342” insert “ or is an Academy ”.\n3 In section 349(1) (variation of trust deeds etc by order) after “imposed by” insert “ — (a) ” and after “section 342” insert “, or\n“(b)Academy arrangements.”\n4 In section 482 (Academies) omit subsections (1) to (5).\n5 Section 483 (financial provisions) is repealed.\n6 In section 579(1) (general interpretation of Act) before the definition of “assist” insert—\n““Academy” means a school to which Academy arrangements relate;\n“Academy arrangements” has the meaning given by section 1 of the Academies Act 2010;\n“Academy order” means an order under section 4 of that Act;”.\n7 In section 580 (index)—\n(a) in the entry for “Academy” for “section 482” substitute “ section 579(1) ”;\n(b) after that entry insert—\n“Academy arrangements  Section 579(1)\nAcademy order          Section 579(1)”\n\n8 In Schedule 35A (Academies: land) omit paragraphs 1, 8 to 10 and 11(a) to (e).\n\nSchool Standards and Framework Act 1998 (c. 31)\n9 In section 82(1) of SSFA 1998 (modification of trust deeds etc by order) for “or the Education and Inspections Act 2006” substitute “ , the Education and Inspections Act 2006 or the Academies Act 2010 ”.\n\nFreedom of Information Act 2000 (c. 36)\n10 In Part 4 of Schedule 1 to the Freedom of Information Act 2000 (public authorities: maintained schools and other educational institutions) after paragraph 52 insert—\n“52A(1)The proprietor of an Academy, in respect of information held for the purposes of the proprietor's functions under Academy arrangements.\n(2) In sub-paragraph (1)—\n  * “Academy arrangements” has the meaning given by section 1 of the Academies Act 2010;\n  * “proprietor” has the meaning given by section 579(1) of the Education Act 1996.”\n\nEducation Act 2002 (c. 32)\n11EA 2002 is amended as follows.\n12 In section 65 (Academies) omit subsection (2).\n13 Section 67 (conversion of city academies into Academies) is repealed.\n14 Section 68 (city colleges) is repealed.\n15 In Schedule 1 (incorporation and powers of governing bodies) in paragraph 5(2)(a) (dissolution of governing body) omit the “or” after sub-paragraph (ii) and after sub-paragraph (iii) insert “, or\n(iv) the date on which a local authority are required to cease to maintain the school under section 6(2) of the Academies Act 2010;”.\n\nEducation Act 2005 (c. 18)\n16EA 2005 is amended as follows.\n17 In section 5 (duty to inspect certain schools at prescribed intervals) in subsection (4) for paragraph (d) (and the “or” after it) substitute—\n“(d)an Academy in respect of which notice of termination of Academy arrangements has been given, or”.\n18 In section 110 (supply of information: free school lunches etc) in subsection (7)(c) for “an agreement under section 482 of that Act (Academies, etc)” substitute “ Academy arrangements ”.\n\nEducation and Inspections Act 2006 (c. 40)\n19EIA 2006 is amended as follows.\n20 In section 28(3) (exceptions to restriction on discontinuing maintained school) omit the “and” after paragraph (a) and after paragraph (b) insert “, and\n(c) section 6(2) of the Academies Act 2010 (requirement to cease to maintain school in respect of which Academy order has effect).”\n21 In section 69 (power of Secretary of State to provide for governing body to consist of interim executive members) after subsection (3) insert—\n“(4)Subsection (2) does not apply if an Academy order has effect in respect of the school.”\n22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nApprenticeships, Skills, Children and Learning Act 2009 (c. 22)\n23ASCLA 2009 is amended as follows.\n24 In Chapter 4 of Part 3 (the YPLA: Academy arrangements) for “Academy arrangements” wherever occurring (including in the heading to the Chapter) substitute “ Academy agency arrangements ”.\n25 In section 77 (Academy arrangements) in subsection (4)(a) for “an agreement under section 482(1) of the Education Act 1996” substitute “ Academy arrangements ”.\n\nChildren, Schools and Families Act 2010 (c. 26)\n26(1)Section 5 of CSFA 2010 (power of governing bodies to form company to establish Academy, etc) is amended as follows.\n(2) In subsection (1)—\n(a) in paragraph (a) for the words from “an agreement” to “an Academy)” substitute “ Academy arrangements ”;\n(b) in paragraph (b) for “an agreement under that section” substitute “ Academy arrangements ”.\n(3) In subsection (2)(b) for “an agreement under section 482 of EA 1996” substitute “ Academy arrangements ”.","title":""}
{"_id":"text_ukpga_1999_24","text":"[27th July 1999]\nBe it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—\n\n1 General purpose of section 2 and definitions.\n(1) The purpose of section 2 is to enable provision to be made for or in connection with—\n(a) Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control);\n(b) regulating , otherwise than in pursuance of that Directive, activities which are capable of causing any environmental pollution;\n(c) otherwise preventing or controlling emissions capable of causing any such pollution.\n(2) In this Act—\n  * “activities” means activities of any nature, whether—\n    (a) industrial or commercial or other activities, or\n    (b) carried on on particular premises or otherwise,\n    and includes (with or without other activities) the depositing, keeping or disposal of any substance;\n  * “environmental pollution” means pollution of the air, water or land which may give rise to any harm; and for the purposes of this definition (but without prejudice to its generality)—\n    (a)\n    “pollution” includes pollution caused by noise, heat or vibrations or any other kind of release of energy, and\n    (b)\n    “air” includes air within buildings and air within other natural or man-made structures above or below ground.\n(3) In the definition of “environmental pollution” in subsection (2), “harm” means—\n(a) harm to the health of human beings or other living organisms;\n(b) harm to the quality of the environment, including—\n(i) harm to the quality of the environment taken as a whole,\n(ii) harm to the quality of the air, water or land, and\n(iii) other impairment of, or interference with, the ecological systems of which any living organisms form part;\n(c) offence to the senses of human beings;\n(d) damage to property; or\n(e) impairment of, or interference with, amenities or other legitimate uses of the environment (expressions used in this paragraph having the same meaning as in Directive 2010/75/EU).\n\n2 Regulation of polluting activities.\n(1) The Secretary of State may by regulations make provision for any of the purposes listed in Part I of Schedule 1; and Part II of that Schedule has effect for supplementing Part I.\n(2) In accordance with subsection (1) of section 1, the provision which may be made by regulations under this section is provision for or in connection with any of the matters mentioned in paragraphs (a) to (c) of that subsection.\n(3) Regulations under this section may—\n(a) contain such consequential, incidental, supplementary, transitional or saving provisions (including provisions amending, repealing or revoking enactments) as the Secretary of State considers appropriate; and\n(b) make different provision for different cases, including different provision in relation to different persons, circumstances, areas or localities.\n(4) Before making any regulations under this section, the Secretary of State shall consult—\n(a) the Environment Agency if the regulations are to apply in relation to England ...;\n(aa) the Natural Resources Body for Wales if the regulations are to apply in relation to Wales;\n(b) the Scottish Environment Protection Agency if the regulations are to apply in relation to Scotland;\n(c) such bodies or persons appearing to him to be representative of the interests of local government, industry, agriculture and small businesses respectively as he may consider appropriate; and\n(d) such other bodies or persons as he may consider appropriate.\n(5) Consultation undertaken before the passing of this Act shall constitute as effective compliance with subsection (4) as if undertaken after that passing.\n(6) The power to make regulations under this section shall be exercised by statutory instrument.\n(7) A statutory instrument containing regulations under this section, if made without a draft having been laid before, and approved by a resolution of, each House of Parliament, shall be subject to annulment in pursuance of a resolution of either House.\n(8) No regulations to which this subsection applies shall be made (whether alone or with other regulations) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.\n(9) Subsection (8) applies to—\n(a) the first regulations to be made under this section which apply in relation to England;\n(b) the first regulations to be made under this section which apply in relation to Wales;\n(c) the first regulations to be made under this section which apply in relation to Scotland;\n(d) regulations under this section which create an offence or increase a penalty for an existing offence;\n(e) regulations under this section which amend or repeal any provision of an Act.\n(10) See section 62 of the Water Act 2014 for further provision about the procedure applying to statutory instruments containing both regulations made under this section and regulations made under section 61 of that Act.\n\n3 Prevention etc. of pollution after accidents involving offshore installations.\n(1) The Secretary of State may, in relation to offshore installations, by regulations make provision which, subject to any modifications that he considers appropriate, corresponds or is similar to any provision made by, or capable of being made under, sections 137 to 140 of the Merchant Shipping Act 1995 (powers to prevent and reduce pollution, and the risk of pollution, by oil or other substances following an accident) in relation to ships.\n(2) In this section—\n  * “offshore installation” means any structure or other thing (but not a ship) in or under—\n    (a) United Kingdom territorial waters, or\n    (b) any waters mentioned in section 7(9)(b) or (c),\n    which is used for the purposes of, or in connection with, the exploration, development or production of petroleum;\n  * “petroleum” has the meaning given by section 1 of the Petroleum Act 1998;\n  * “ship” has the same meaning as in the Merchant Shipping Act 1995.\n(3) Regulations under this section may—\n(a) contain such consequential, incidental, supplementary, transitional or saving provisions as the Secretary of State considers appropriate; and\n(b) make different provision for different cases, including different provision in relation to different persons, circumstances, areas or localities.\n(4) Before making any regulations under this section, the Secretary of State shall consult—\n(a) the Environment Agency, the Natural Resources Body for Wales, the Scottish Environment Protection Agency and the Department of the Environment for Northern Ireland;\n(b) such bodies or persons appearing to him to be representative of the interests of owners or operators of offshore installations as he may consider appropriate; and\n(c) such other bodies or persons as he may consider appropriate.\n(5) The power to make regulations under this section shall be exercised by statutory instrument.\n(6) No regulations shall be made under this section (whether alone or with other regulations) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.\n\n4 Time-limited disposal or waste management licences.\n(1) Where—\n(a) a disposal licence under section 5 of the 1974 Act became a site licence by virtue of section 77(2) of the 1990 Act (conversion, on the appointed day, of existing disposal licence under section 5 of the 1974 Act into a site licence),\n(b) the licence has expired at a time (“the time of expiry”) falling before the day on which this Act is passed but not earlier than the appointed day,\n(c) the licence authorised the carrying on of activities in or on land in England or Wales, and\n(d) relevant activities have taken place at a time falling not more than one year before the day on which this Act is passed,\nthe licence shall (subject to subsection (7)) for all purposes be deemed not to have expired but to have become, at the time of expiry, a site licence continuing in force in accordance with section 35(11) of the 1990 Act.\n(2) Subsection (3) applies where—\n(a) a disposal licence under section 5 of the 1974 Act expired at a time (“the time of expiry”) falling before the appointed day (so that it was not converted into a site licence by section 77(2) of the 1990 Act),\n(b) the licence authorised the carrying on of activities in or on land in England or Wales, and\n(c) relevant activities have taken place at a time falling not more than one year before the day on which this Act is passed.\n(3) The licence shall (subject to subsection (7)) for all purposes be deemed—\n(a) not to have expired, and\n(b) to have been subsisting on the appointed day and (accordingly) to have become on that day a site licence by virtue of section 77(2) of the 1990 Act,\nand the site licence which the licence is deemed to have become on that day shall for all purposes be deemed to have been one that continues in force in accordance with section 35(11) of the 1990 Act.\n(4) Where—\n(a) a site licence in force immediately before the day on which this Act is passed—\n(i) became a site licence by virtue of section 77(2) of the 1990 Act, and\n(ii) will expire on or after the day on which this Act is passed (if it has not previously been revoked entirely, or had its surrender accepted, under Part II of the 1990 Act), and\n(b) relevant activities have taken place at a time falling not more than one year before that day,\nthe licence shall for all purposes be deemed to have become at the beginning of that day a site licence continuing in force in accordance with section 35(11) of the 1990 Act.\n(5) Where subsection (1), (3) or (4) has effect in relation to a licence, the terms and conditions of the licence as continued in force by that subsection shall, except so far as providing for the expiry of the licence and subject to subsection (6)(b) and (c), be such as were in force immediately before the relevant time (unless and until varied under Part II of the 1990 Act); and “the relevant time” means—\n(a) where subsection (1) or (3) has effect in relation to a licence, the time of expiry;\n(b) where subsection (4) has effect in relation to a licence, the beginning of the day on which this Act is passed.\n(6) Where subsection (1) or (3) has effect in relation to a licence (but without prejudice to the generality of that subsection)—\n(a) activities carried out during the interim period which (by virtue of subsection (1) or (3)) become authorised by the licence shall be treated as authorised at the time they were carried out (even though at that time their being carried out amounted to a contravention of section 33(1)(a) or (b) of the 1990 Act or section 3(1) of the 1974 Act);\n(b) anything done in relation to the licence before the time of expiry but purporting to take effect after that time (such as the serving of a notice under section 37(4) or 38(12) of the 1990 Act, or in pursuance of section 7 of the 1974 Act, specifying a time falling during or after the interim period) shall be treated as having had (or having) effect as if the licence had not in fact expired;\n(c) anything which during the interim period purported to be done in relation to the licence (such as a modification of the licence or the revocation, suspension, transfer or acceptance of the surrender of the licence or the carrying out of consultation, exercise of functions under section 9 of the 1974 Act or section 42 of the 1990 Act, imposition of requirements during a suspension or bringing or determination of an appeal) shall be treated as having had effect as if the licence had then been in force;\n(d) any fees which (by virtue of subsection (1) or (3)) are treated as having become payable before the passing of this Act shall be taken to have become payable at the time they would have become payable had the licence not in fact expired; and\n(e) the holder of the licence shall be treated as having been, during the interim period, an authorised person for the purposes of section 34(1)(c) of the 1990 Act.\n(7) Where subsection (1) or (3) has effect in relation to a licence, a person shall not be guilty of an offence under section 33(6) or 38(10) or (11) of the 1990 Act as a result of anything done or omitted to be done during the interim period becoming (by virtue of subsection (1) or (3)) a contravention of any condition of the licence or (as the case may be) a failure to comply with any requirement imposed under section 38(9) of the 1990 Act.\n(8) Nothing in this section affects any criminal proceedings which have been concluded before the passing of this Act.\n(9) The waste regulation authority (within the meaning given by section 30(1) of the 1990 Act) shall notify the holder of a licence affected by this section of the fact that the licence is so affected and of how it is so affected.\n(10) For the purposes of this section “relevant activities”, in relation to a licence, are—\n(a) any activities authorised by the licence or, in the case of an expired licence, any which would have been authorised by it had it not expired, and\n(b) any precautions or works required by the licence to be taken or carried out in connection with or in consequence of those activities or, in the case of an expired licence, any which would have been so required had the licence not expired.\n(11) In this section—\n  * “the1974 Act” means the Control of Pollution Act 1974;\n  * “the1990 Act” means the Environmental Protection Act 1990;\n  * “the appointed day”, in relation to a licence, means the day which in relation to that licence is (or would have been if the licence had not previously expired) the relevant appointed day for licences (within the meaning of section 77 of the 1990 Act);\n  * “the interim period”, in connection with a licence in relation to which subsection (1) or (3) has effect, means the period beginning with the time of expiry and ending immediately before the day on which this Act is passed;\n  * “site licence” has the same meaning as it has in Part II of the 1990 Act by virtue of section 35(12) of that Act.\n\n5 Application to Wales and Scotland.\n(1) Subsection (2) applies to an Order in Council under section 22 of the Government of Wales Act 1998 (transfer of Ministerial functions) if the Order in Council contains a statement that it makes no provision which is not—\n(a) provision about functions under this Act; or\n(b) provision in connection with such provision.\n(2) An Order in Council to which this subsection applies—\n(a) shall not be subject to subsection (4)(a) of that section (affirmative resolution of both Houses of Parliament); but\n(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.\n(3) For the purposes of the Scotland Act 1998, this Act shall be taken to be a pre-commencement enactment within the meaning of that Act.\n\n6 Consequential and minor amendments and repeals.\n(1) The consequential and minor amendments specified in Schedule 2 shall have effect.\n(2) The enactments specified in Schedule 3 are repealed to the extent specified.\n\n7 Short title, interpretation, commencement and extent.\n(1) This Act may be cited as the Pollution Prevention and Control Act 1999.\n(2) In this Act—\n  * “enactment” includes an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978;\n  * “modifications” includes additions, alterations and omissions and “modify” shall be construed accordingly.\n(3) Section 6 and Schedules 2 and 3 shall not come into force until such day as the Secretary of State may appoint by order made by statutory instrument, and different days may be so appointed for different purposes.\n(4) An order under subsection (3) may contain such consequential, incidental, supplementary, transitional or saving provisions (including provisions modifying enactments) as the Secretary of State considers appropriate.\n(5) This section and sections 3 and 5 extend to Northern Ireland but, subject to subsections (6) to (8), the other provisions of this Act do not extend there.\n(6) The amendment by this Act of any enactment extending to Northern Ireland also extends there.\n(7) The repeal by this Act of any enactment extending to Northern Ireland, except section 3(5) to (7) of the Environmental Protection Act 1990, also extends there.\n(8) Where an enactment extending to Northern Ireland is amended or repealed by any regulations or order under this Act, the regulations or order may provide for the amendment or repeal to extend to Northern Ireland.\n(9) Regulations and orders under this Act may make provision applying in relation to (and to places above and below)—\n(a) the territorial waters adjacent to any part of the United Kingdom,\n(b) the sea in any designated area within the meaning of the Continental Shelf Act 1964, and\n(c) the sea in any area specified under section 10(8) of the Petroleum Act 1998.\n\nSCHEDULES\nSection 2.\n\nSCHEDULE 1 Particular purposes for which provision may be made under section 2\n\nPart I List of purposes\n\nPreliminary\n1(1)Establishing standards, objectives or requirements in relation to emissions within the meaning of the regulations.\n(2) Authorising the making of plans for—\n(a) the setting of overall limits,\n(b) the allocation of quotas, or\n(c) the progressive improvement of standards or objectives,\nrelating to such emissions.\n(3) Authorising the making of schemes for the trading or other transfer of quotas so allocated.\n2(1)Determining the authorities (whether public or local or the Secretary of State) by whom functions conferred by the regulations—\n(a) in relation to permits under the regulations, or\n(b) otherwise for or in connection with the prevention or control of environmental pollution,\nare to be exercisable (in this Schedule referred to as “regulators”).\n(2) Specifying any purposes for which any such functions are to be exercisable by regulators.\n3 Enabling the Secretary of State to give directions which regulators are to comply with, or guidance which regulators are to have regard to, in exercising functions under the regulations, including—\n(a) directions providing for any functions exercisable by one regulator to be instead exercisable by another;\n(b) directions given for the purposes of the implementation of—\n(i) any assimilated obligations, or\n(ii) any obligations under an international agreement to which the United Kingdom is a party;\n(c) directions relating to the exercise of any function in a particular case or class of case.\n\nPermits\n4 (1) Prohibiting persons from operating any installation or plant of any specified description, or otherwise carrying on any activities of any specified description, except—\n(a) under a permit in force under the regulations, and\n(b) in accordance with any conditions to which the permit is subject.\n(2) In relation to England and Wales, imposing such a prohibition in relation to an activity except where the carrying on of the activity meets conditions determined by the regulators in accordance with the regulations.\n5 Specifying restrictions or other requirements in connection with the grant of permits (including provisions for restricting the grant of permits to those who are fit and proper persons within the meaning of the regulations); and otherwise regulating the procedure to be followed in connection with the grant of permits.\n6(1)Prescribing the contents of permits.\n(2) Authorising permits to be granted subject to conditions imposed by regulators.\n(3) Securing that permits have effect subject to—\n(a) conditions specified in the regulations; or\n(b) rules of general application specified in or made under the regulations.\n7(1)Requiring permits or the conditions to which permits are subject to be reviewed by regulators (whether periodically or in any specified circumstances).\n(2) Authorising or requiring the variation of permits or such conditions by regulators (whether on applications made by holders of permits or otherwise).\n(3) Regulating the making of changes—\n(a) in the operation of the installations or plant to which permits relate, or\n(b) in the case of permits for the carrying on of activities otherwise than in the course of operating any installation or plant, in the carrying on of the activities.\n8(1)Regulating the transfer or surrender of permits.\n(2) Authorising the revocation of permits by regulators.\n(3) Authorising the imposition by regulators of requirements with respect to the taking of preventive or remedial action (by holders of permits or other persons) in connection with the surrender or revocation of permits.\n9 Authorising the Secretary of State to make schemes for the charging by regulators of fees or other charges in respect of, or in respect of an application for—\n(a) the grant of a permit,\n(b) the variation of a permit or the conditions to which it is subject, or\n(c) the transfer or surrender of a permit,\nor in respect of the subsistence of a permit.\n9A.(1)Authorising the Secretary of State to make schemes for the charging by regulators of charges, as respects functions in relation to offshore installations, corresponding to those that may be prescribed under section 41A of the Environment Act 1995.\n(2) Subsections (2) to (5) of section 41A of that Act apply in relation to the Secretary of State and a charging scheme made by virtue of this paragraph as they apply in relation to the Scottish Environment Protection Agency and a charging scheme made by that Agency under the 1995 Act.\n(3) In this paragraph “offshore installation” has” the same meaning as in the Greenhouse Gas Emissions Trading Scheme Regulations 2005.\n10 Authorising, or authorising a Minister of the Crown to make schemes for, the charging by Ministers of the Crown or public or local authorities of fees or other charges in respect of—\n(a) the testing or analysis of substances,\n(b) the validating of, or of the results of, any testing or analysis of substances, or\n(c) assessing how the environment might be affected by the release into it of any substances,\nin cases where the testing, analysis, validating or assessing is in any way in anticipation of, or otherwise in connection with, the making of applications for the grant of permits or is carried out in pursuance of conditions to which any permit is subject.\n\nInformation, publicity and consultation\n11 Enabling persons of any specified description (whether or not they are holders of permits) to be required—\n(a) to compile information—\n(i) on emissions within the meaning of the regulations;\n(ii) on energy consumption and on the efficiency with which energy is used;\n(iii) on waste within the meaning of the regulations and on the destinations of such waste;\n(b) to provide such information in such manner as is specified in the regulations.\n12 Securing—\n(a) that publicity is given to specified matters;\n(b) that regulators maintain registers of specified matters (but excepting information which under the regulations is, or is determined to be, commercially confidential and subject to any other exceptions specified in the regulations) which are open to public inspection;\n(c) that copies of entries in such registers, or of specified documents, may be obtained by members of the public.\n13 Requiring or authorising regulators to carry out consultation in connection with the exercise of any of their functions; and providing for them to take into account representations made to them on consultation.\n\nEnforcement and offences\n14(1)Conferring on regulators functions with respect to the monitoring and inspection of the carrying on of activities to which permits relate, including—\n(a) power to take samples or to make copies of information;\n(b) power to arrange for preventive or remedial action to be taken at the expense of holders of permits.\n(2) Authorising regulators to appoint suitable persons to exercise any such functions and conferring powers (such as those specified in section 108(4) of the Environment Act 1995) on persons so appointed.\n15(1)Authorising regulators to serve on holders of permits—\n(a) notices requiring them to take remedial action in respect of contraventions, actual or potential, of conditions to which their permits are subject;\n(b) notices requiring them to provide such financial security as the regulators serving the notices consider appropriate pending the taking of remedial action in respect of any such contraventions;\n(c) notices requiring them to take steps to remove imminent risks of serious environmental pollution (whether or not arising from any such contraventions).\n(2) Providing for the enforcement of such notices by proceedings in the High Court or any court of competent jurisdiction in Scotland.\n16 Authorising regulators to suspend the operation of permits so far as having effect to authorise the carrying on of activities to which they relate.\n17 The creation of offences and dealing with matters relating to such offences, including—\n(a) the provision of defences; and\n(b) evidentiary matters.\n18 Enabling, where a person has been convicted of an offence under the regulations—\n(a) a court dealing with that person for the offence to order the taking of remedial action (in addition to or instead of imposing any punishment); or\n(b) a regulator to arrange for such action to be taken at that person’s expense.\n\nAppeals\n19 Conferring rights of appeal in respect of decisions made, notices served or other things done (or omitted to be done) under the regulations; and making provision for (or for the determination of) matters relating to the making, considering and determination of such appeals (including provision for or in connection with the holding of inquiries or hearings).\n\nGeneral\n20(1)Making provision which, subject to any modifications that the Secretary of State considers appropriate, corresponds or is similar to—\n(a) any provision made by or under, or capable of being made under, Part I or II of the Environmental Protection Act 1990 or made by any of sections 157, 158 and 160 of that Act; or\n(b) any provision (not being provision within any of paragraphs 1 to 19 or paragraph (a) above) that might be made by an Act of Parliament in connection with the relevant directives, other than provision—\n(i) imposing or increasing taxation;\n(ii) taking effect from a date earlier than that of the making of the instrument containing the provision;\n(iii) conferring any power to legislate by means of orders, rules, regulations or other subordinate instrument, other than rules of procedure for any court or tribunal.\n(2) In sub-paragraph (1) “the relevant directives” means—\n(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(d) Council Directive 87/217/EEC on the prevention and reduction of environmental pollution by asbestos;\n(e) Council Directive 91/271/EEC concerning urban waste water treatment;\n(f) Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources;\n(g) European Parliament and Council Directive 94/62/EC on packaging and packaging waste;\n(h) European Parliament and Council Directive 94/63/EC on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations;\n(i) Council Directive 96/59/EC on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT);\n(j) Council Directive 1999/31/EC on the landfill of waste;\n(k) Directive 2000/14/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors;\n(l) Directive 2000/53/EC of the European Parliament and of the Council on end-of life vehicles;\n(m) Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy;\n(n) Directive 2002/49/EC of the European Parliament and of the Council relating to the assessment and management of environmental noise;\n(o) Directive 2003/35/EC of the European Parliament and of the Council providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment;\n(p) Directive 2004/35/CE of the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of environmental damage;\n(q) Directive 2005/64/EC of the European Parliament and of the Council on the type-approval of motor vehicles with regard to their reusability, recyclability and recoverability;\n(r) Directive 2006/7/EC of the European Parliament and of the Council concerning the management of bathing water quality;\n(s) Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries;\n(t) Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators;\n(u) Directive 2006/118/EC of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration;\n(v) Directive 2008/50/EC of the European Parliament and of the Council on ambient air quality and cleaner air for Europe;\n(w) Directive 2008/98/EC of the European Parliament and of the Council on waste;\n(x) Directive 2008/105/EC of the European Parliament and of the Council on environmental quality standards in the field of water policy;\n(y) Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide;\n(z) Commission Directive 2009/90/EC laying down, pursuant to Directive 2000/60/EC of the European Parliament and of the Council, technical specifications for chemical analysis and monitoring of water status;\n(aa) Directive 2009/126/EC of the European Parliament and of the Council on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations;\n(bb) Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) (Recast);\n(cc) Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) (recast);\n(dd) Directive 2012/27/EU of the European Parliament and of the Council on energy efficiency;\n(ee) Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation;\n(ff) Commission Directive (EU) 2015/996 establishing common noise assessment methods according to Directive 2002/49/EC of the European Parliament and of the Council;\n(gg) Directive 2015/2193/EU of the European Parliament and of the Council on the limitation of emissions of certain pollutants into the air from medium combustion plants;\n(hh) Directive (EU) 2016/2284 of the European Parliament and of the Council on the reduction of national emissions of certain atmospheric pollutants; and\n(ii) Directive (EU) 2019/904 of the European Parliament and of the Council on the reduction of the impact of certain plastic products on the environment.\n(2A) In sub-paragraph (1)(b)(iii), the reference to provision conferring any power to legislate does not include provision—\n(a) amending or extending a power to legislate conferred other than under this paragraph;\n(b) giving directions as to matters of administration.\n(3) Making provision about the application of the regulations to the Crown.\n\nPart II Supplementary provisions\n\nParticular types of pollution\n21 The regulations may provide for specified provisions of the regulations to have effect in relation only to such environmental pollution as is specified.\n\nEmissions quota trading schemes: penalties\n21A(1)The regulations may authorise the inclusion in a trading scheme of—\n(a) provision for penalties in respect of contraventions of provisions of the scheme;\n(b) provision for the amount of any penalty under the scheme to be such as may be set out in, or calculated in accordance with—\n(i) the scheme, or\n(ii) the regulations (including regulations made after the scheme).\n(2) In this paragraph “ trading scheme ” means a scheme of the kind mentioned in paragraph 1(3).\n\nDetermination of matters by regulators\n22 The regulations may make provision for anything which, by virtue of paragraphs 5 to 8, could be provided for by the regulations to be determined under the regulations by regulators.\n\nImposition of conditions\n23 In connection with the determination of conditions as mentioned in paragraph 6(3)(a) the regulations may in particular provide—\n(a) for such conditions to be determined in the light of any specified general principles and any directions or guidance given under the regulations;\n(b) for such guidance to include guidance sanctioning reliance by a regulator on any arrangements referred to in the guidance to operate to secure a particular result as an alternative to imposing a condition.\n\nCharging schemes\n24 The regulations may—\n(a) require any such scheme as is mentioned in paragraph 9, 9A or 10 to be so framed that the fees and charges payable under the scheme are sufficient, taking one year with another, to cover such expenditure (whether or not incurred by the regulator or other person to whom they are so payable) as is specified;\n(b) authorise any such scheme to make different provision for different cases (and specify particular kinds of such cases).\n\nOffences\n25(1)The regulations may provide for any such offence as is mentioned in paragraph 17 to be triable—\n(a) only summarily; or\n(b) either summarily or on indictment.\n(2) The regulations may provide for such an offence to be punishable—\n(a) on summary conviction by—\n(i) imprisonment for a term not exceeding such period as is specified (which may not exceed six months12 months the general limit in a magistrates’ court), or\n(ii) a fine not exceeding such amount as is specified (which may not exceed £20,000£50,000£40,000),\na fine, the amount of which may be limited by the regulations,\nor both; or\n(b) on conviction on indictment by—\n(i) imprisonment for a term not exceeding such period as is specified (which may not exceed five years), or\n(ii) a fine,\nor both.\n\nInterpretation\n26 In this Schedule—\n  * “functions” includes powers and duties;\n  * “the regulations” means regulations under section 2;\n  * “specified” means specified in regulations under that section.\nSection 6.\n\nSCHEDULE 2 Consequential and minor amendments\n\nPrevention of Oil Pollution Act 1971 (c.60)\n1 In section 11A(1) of the Prevention of Oil Pollution Act 1971 (provisions of Act not to apply to escapes etc. authorised by Part I of the Environmental Protection Act 1990)—\n(a) for “(2A), 3(1) and 11(1)” substitute “ 3(1) ”; and\n(b) at the end insert “ or a permit granted under regulations under section 2 of the Pollution Prevention and Control Act 1999. ”\n\nPublic Health (Control of Disease) Act 1984 (c.22)\n2 In section 7(4) of the Public Health (Control of Disease) Act 1984 (enactments conferring functions assignable to the London port health authority), after paragraph (m) insert—\n“(n)regulations under section 2 of the Pollution Prevention and Control Act 1999.”\n\nEnvironmental Protection Act 1990 (c.43)\n3 The Environmental Protection Act 1990 has effect subject to the following amendments.\n4 In section 8(7) (expenditure to be covered by charging schemes under the section is that of local enforcing authorities in exercising their functions under Part I of the Act), at the end insert “ together with the expenditure incurred by the Environment Agency in exercising, in relation to authorisations granted by local enforcing authorities or the prescribed processes to which such authorisations relate, such of its functions as are specified in the scheme. ”\n5 In section 77(2) (waste disposal licences: transition from Part I of the Control of Pollution Act 1974), at the beginning insert “ Subject to section 4 of the Pollution Prevention and Control Act 1999, ”.\n6 In section 79(10) (restrictions on taking proceedings for statutory nuisance where proceedings possible under Part I of the Act), after “Part I” insert “ or under regulations under section 2 of the Pollution Prevention and Control Act 1999. ”\n\nWater Industry Act 1991 (c.56)\n7 In paragraph (a) of each of subsections (3) and (4) of section 206 of the Water Industry Act 1991 (exceptions from restrictions on disclosure of information), for “or the Environment Act 1995” substitute “ , the Environment Act 1995 or regulations under section 2 of the Pollution Prevention and Control Act 1999 ”.\n\nWater Resources Act 1991 (c.57)\n8 In paragraph (a) of each of subsections (2) and (3) of section 204 of the Water Resources Act 1991 (exceptions from restrictions on disclosure of information), for “or the 1995 Act” substitute “ , the 1995 Act or regulations under section 2 of the Pollution Prevention and Control Act 1999 ”.\n\nClean Air Act 1993 (c.11)\n9 The Clean Air Act 1993 has effect subject to the following amendments.\n10 In section 33(1) (cable burning), after “a process subject to Part I of the Environmental Protection Act 1990” insert “ or an activity subject to regulations under section 2 of the Pollution Prevention and Control Act 1999 ”.\n11 In section 35(3) (limit on investigations into emissions from certain processes), after “any process subject to Part I of the Environmental Protection Act 1990” insert “ or activity subject to regulations under section 2 of the Pollution Prevention and Control Act 1999 ”.\n\nRailways Act 1993 (c.43)\n12 In section 4(9) of the Railways Act 1993 (interpretation), for the definition of “environment” substitute—\n““the environment” means all, or any, of the following media, namely, the air, water and land (and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground);”.\n\nMerchant Shipping Act 1995 (c.21)\n13 After section 136 of the Merchant Shipping Act 1995 (oil pollution) insert—\n\n“136A Discharges etc. authorised under other enactments.\nThe provisions of sections 131(1) and 136(1) shall not apply to any discharge which is made under, and the provisions of section 136(1) shall not apply to any escape which is authorised by, an authorisation granted under Part I of the Environmental Protection Act 1990 or a permit granted under regulations under section 2 of the Pollution Prevention and Control Act 1999.”\n\nEnvironment Act 1995 (c.25)\n14 The Environment Act 1995 has effect subject to the following amendments.\n15 In section 5(5) (pollution control powers and functions), after paragraph (h) insert—\n“(i)regulations under section 2 of the Pollution Prevention and Control Act 1999;”.\n16 In section 33(5) (pollution control powers and functions in Scotland), before the word “and” at the end of paragraph (g) insert—\n“(ga)regulations under section 2 of the Pollution Prevention and Control Act 1999;”.\n17 In section 56(1) (interpretation of Part I), for the definition of “the environment” substitute—\n““the environment” means all, or any, of the following media, namely, the air, water and land (and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground);”.\n18(1)Section 113(5) (disclosure of information: interpretation) is amended as follows.\n(2) For the definition of “the environment” substitute—\n““the environment” means all, or any, of the following media, namely, the air, water and land (and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground);”.\n(3) In the definition of “local enforcing authority”, at the end of paragraph (b) insert “ or ”.\n\nFinance Act 1996 (c.8)\n19 In section 66 of the Finance Act 1996 (landfill tax: definition of landfill site), after paragraph (b) insert—\n“(ba)a permit under regulations under section 2 of the Pollution Prevention and Control Act 1999 is in force in relation to the land and authorises deposits or disposals in or on the land,”.\n\nGovernment of Wales Act 1998 (c.38)\n20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nSCHEDULE 3 Repeals\nChapter      Short title                                               Extent of repeal\n1971 c. 60.  Prevention of Oil Pollution Act 1971.                     In section 11A(1), the words “an authorisation granted under Part I of the Environmental Protection Act 1990 or”.\n1984 c. 22.  Public Health (Control of Disease) Act 1984.              Section 7(4)(l).\n                                                                       Sections 1 to 28.\n1990 c. 43.  Environmental Protection Act 1990.                        ...\n                                                                       Schedule 1.\n                                                                       Section 138(2) to (4).\n1991 c. 56.  Water Industry Act 1991.                                  In section 206(3)(a), “I or”.\n                                                                       In section 206(4)(a), “I or”.\n                                                                       Section 88(1)(b).\n1991 c. 57.  Water Resources Act 1991.                                 In section 204(2)(a), “I or”.\n                                                                       In section 204(3)(a), “I or”.\n1991 c. 60.  Water Consolidation (Consequential Provisions) Act 1991.  In Schedule 1, paragraph 56.\n                                                                       In section 33(1), the words “a process subject to Part I of the Environmental Protection Act 1990 or”.\n1993 c. 11.  Clean Air Act 1993.                                       In section 35(3), the words “process subject to Part I of the Environmental Protection Act 1990 or”.\n                                                                       Section 36(3).\n                                                                       Section 41.\n1993 c. 12.  Radioactive Substances Act 1993.                          In Schedule 4, paragraph 6.\n1994 c. 19.  Local Government (Wales) Act 1994.                        In Schedule 9, paragraph 17(1).\n1995 c. 21.  Merchant Shipping Act 1995.                               In section 136A, the words “an authorisation granted under Part I of the Environmental Protection Act 1990 or”.\n                                                                       In section 5(5)(e), “I,”.\n                                                                       In section 33(5)(e), “I,”.\n                                                                       In section 56(1), paragraph (b) of the definition of “environmental licence” in relation to the Environment Agency and paragraph (c) of the definition of “environmental licence” in relation to the Scottish Environment Protection Agency.\n                                                                       In section 108(15)—\n                                                                       paragraph (a) of the definition of “local enforcing authority”,\n1995 c. 25.  Environment Act 1995.                                     in paragraph (g) of the definition of “pollution control functions” in relation to the Environment Agency or the Scottish Environment Protection Agency, “I,”, and\n                                                                       in paragraph (a) of the definition of “pollution control functions” in relation to a local enforcing authority, “I or”.\n                                                                       Section 111(6).\n                                                                       In section 113(5), in the definition of “local enforcing authority”, paragraph (d) and the “or” preceding it.\n                                                                       In section 114(2)(a)(iii), “15, 22(5),”.\n                                                                       In Schedule 20, in paragraph 4(3)(b), “22(5),”.\n                                                                       In Schedule 22, paragraphs 45 to 61.\n1996 c. 8.   Finance Act 1996.                                         Section 43A(4)(b) to (d).\n1998 c. 38.  Government of Wales Act 1998.                             In Schedule 3, paragraph 6(3)(a).","title":""}
{"_id":"text_ukpga_Vict_38-39_41","text":"[19th July 1875]\n\n1 Short title.\nThis Act may be cited for all purposes as The Intestates Widows and Children (Scotland) Act, 1875.\n\n2 Extent of Act.\nThis Act shall extend to Scotland only.\n\n3 Where estate does not exceed £36,000 widow or children may apply to commissary clerk to fill up inventory and expede confirmation.\nWhere the whole estate of an intestate is of a value not exceeding ; £36,000 an applicant for confirmation thereto may apply to the commissary clerk of the county within which the intestate was domiciled at the time of death; and the said commissary clerk shall prepare and fill up an inventory and relative declaration, as nearly as may be in the form of Schedule A. appended to this Act, and on the inventory and declaration being signed by the applicant , and without requiring the applicant to find caution shall proceed to record said inventory and expede confirmation in the form as nearly as may be of Schedule B. annexed to this Act, and shall deliver the same to the applicant on payment of the requisite fee : . . . ; and such confirmation shall have the same force and effect as that prescribed in Schedule D. annexed to the Confirmation of Executors (Scotland) Act, 1858 . . .\n\n4 Proof of identity and relationship may be required.\nThe commissary clerk of the county may require such proof as he may think sufficient to establish the identity and relationship of the applicant.\n\n5 Commissary clerk may refuse to proceed if not satisfied that whole estate not more than 150l.\nIf the commissary clerk of the county has reason to believe that the estate and effects of which the intestate died possessed exceed the value specified in section three of this Act , he shall refuse to proceed with the application until he is satisfied as to the real value thereof.\n\n6 Commissary clerk may administer oath. “Commissary clerk” to include “commissary clerk depute.”\n. . . The term “commissary clerk” shall throughout this Act include “commissary clerk depute.”\n\n7 Procedure and fees under this Act to be regulated by Act of sederunt.\nAny rules and orders and tables of fees requisite for carrying this Act into operation shall be framed and may from time to time be altered by the Court of Session by act of sederunt . . . .\n\n8 Inventory duty not affected by this Act.\nProvided always, that nothing herein contained shall be construed to effect any duty now payable on inventories of personal estate.\n\nSCHEDULE A Form of Inventory and Relative Declaration\nInventory of the Personal Estate, wheresoever situated, of [name and description of deceased] who died at on the day of 18.\nScotland.  £                                                                                            s.  d.\n1.         Cash in the house\n2.         Household furniture and other effects in the deceased’s house\n3.         Stock in trade and other effects belonging to deceased\n4.         Sum in bank; viz., [specify it with interest thereon to date of declaration to Inventory.]*\n           *[Add any other estate in the usual form.]—\n\nAt , the day of one thousand eight hundred and, [name and address of applicant] (hereinafter referred to “the applicant”) hereby declares, that the said died at upon the day of , and had at the time of his [or her] death his [or her] ordinary or principal domicile in the county of : That the applicant is the [widow or son or daughter of the said deceased , and is desirous to enter upon the possession and management of the deceased’s estate as his [or her] executor: That the applicant does not know of any testamentary settlement or writing relative to the disposal of the deceased’s personal estate or effects, or any part thereof: That the foregoing inventory, signed by the applicant and the said as relative hereto, is a full and complete inventory of the personal estate and effects of the said deceased wheresoever situated and belonging or due to him [or her] beneficially at the time of his [or her] death, in so far as the same has come to the applicant’s knowledge: That the value at this date of the said personal estate and effects, including the proceeds accrued thereon down to this date, does not exceed £36,000 sterling: That confirmation of the said personal estate in Scotland [England and Ireland as the case may be] is required in favour of the applicant. . . .\n\nSCHEDULE B Form of Confirmation\n\nConfirmation issued under the Act 38 & 39 Vict. cap. 41\nConfirmation Dative of A.B., who resided at [name and description of deceased]\nThe said A.B. had pertaining and resting owing to at the time of his [or her] decease.\n[Take in inventory of estate to be confirmed.]\nI, , Esquire, Commissary of the county of , considering that the said A.B. died at on , and had at the time of death his [or her] ordinary or principal domicile in the county of . And seeing that C.D., his [widow or son or daughter, or her son or daughter] has given up, on declaration , an inventory of the personal estate and effects of the said A.B., at the time of death, including the proceeds accrued thereon to date of declaration , situated in Scotland [England and Ireland as the case may be], amounting in value to , and has declared that the whole personal estate and effects of the said A.B. does not exceed in value £36,000, which inventory, as before written, has been recorded in my court books, of date .... Therefore I, in Her Majesty’s name and authority, decern, make, constitute, ordain, and confirm the said C.D. executor, [or executors] dative qua [relict or next of kin] to the deceased, with full power to to uplift, receive, administer, and dispose of the said personal estate and effects, and grant discharges thereof, if needful to pursue therefor, and generally every other thing concerning the same to do that to the office of executor dative qua is known to belong: Providing always, that shall render just count and reckoning for intromissions therewith, when and where the same shall be legally required. Given under the seal of office of the commissariot of and signed by the clerk of court at , the day of one thousand eight hundred and\nCommissary Clerk.\n\nSCHEDULE C\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .","title":""}
{"_id":"text_ukpga_1978_19","text":"[30th June 1978]\n\nPart I England, Wales and Northern Ireland\n\n1 Manner of administration of oaths.\n(1) Any oath may be administered and taken in England, Wales or Northern Ireland in the following form and manner:—\nThe person taking the oath shall hold the New Testament, or, in the case of a Jew, the Old Testament, in his uplifted hand, and shall say or repeat after the officer administering the oath the words “I swear by Almighty God that . . . . . .”, followed by the words of the oath prescribed by law.\n(2) The officer shall (unless the person about to take the oath voluntarily objects thereto, or is physically incapable of so taking the oath) administer the oath in the form and manner aforesaid without question.\n(3) In the case of a person who is neither a Christian nor a Jew, the oath shall be administered in any lawful manner.\n(4) In this section “officer” means any person duly authorised to administer oaths.\n\n2 Consequential amendments.\nIn the following provisions, namely—\n(a) section 28(1) of the Children and Young Persons Act 1963 ; and\n(b) section 56(1) of the Children and Young Persons Act (Northern Ireland) 1968\n(each of which prescribes the form of oath for use in juvenile courts and by children and young persons in other courts) for the words “section 2 of the Oaths Act 1909” there shall be substituted the words “section 1 of the Oaths Act 1978”.\n\nPart II United Kingdom\n\nOaths\n\n3 Swearing with uplifted hand.\nIf any person to whom an oath is administered desires to swear with uplifted hand, in the form and manner in which an oath is usually administered in Scotland, he shall be permitted so to do, and the oath shall be administered to him in such form and manner without further question.\n\n4 Validity of oaths.\n(1) In any case in which an oath may lawfully be and has been administered to any person, if it has been administered in a form and manner other than that prescribed by law, he is bound by it if it has been administered in such form and with such ceremonies as he may have declared to be binding.\n(2) Where an oath has been duly administered and taken, the fact that the person to whom it was administered had, at the time of taking it, no religious belief, shall not for any purpose affect the validity of the oath.\n\nSolemn affirmations\n\n5 Making of solemn affirmations.\n(1) Any person who objects to being sworn shall be permitted to make his solemn affirmation instead of taking an oath.\n(2) Subsection (1) above shall apply in relation to a person to whom it is not reasonably practicable without inconvenience or delay to administer an oath in the manner appropriate to his religious belief as it applies in relation to a person objecting to be sworn.\n(3) A person who may be permitted under subsection (2) above to make his solemn affirmation may also be required to do so.\n(4) A solemn affirmation shall be of the same force and effect as an oath.\n\n6 Form of affirmation.\n(1) Subject to subsection (2) below, every affirmation shall be as follows:—\n“I, do solemnly, sincerely and truly declare and affirm,” and then proceed with the words of the oath prescribed by law, omitting any words of imprecation or calling to witness.\n(2) Every affirmation in writing shall commence:—\n“I, of , do solemnly and sincerely affirm,” and the form in lieu of jurat shall be “Affirmed at this day of 19 , Before me.”\n\nSupplementary\n\n7 Repeals and savings.\n(1) The enactments specified in Part I of the Schedule to this Act (consequential repeals) and Part II of that Schedule (enactment obsolete since the Oaths Act 1888 ) are hereby repealed to the extent specified in the third column of that Schedule.\n(2) In so far as anything done under an enactment repealed by this Act could have been done under a corresponding provision of this Act, it shall not be invalidated by the repeal but shall have effect as if done under that provision.\n(3) Where any instrument or document refers, either expressly or by implication, to an enactment repealed by this Act, the reference shall, except where the context otherwise requires, be construed as, or as including, a reference to the corresponding provision of this Act.\n(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(6) Nothing in this Act shall be taken as prejudicing the operation of section 38 of the Interpretation Act 1889 (which relates to the effect of repeals).\n\n8 Short title, extent and commencement.\n(1) This Act may be cited as the Oaths Act 1978.\n(2) Part I of this Act does not extend to Scotland.\n(3) It is hereby declared that this Act extends to Northern Ireland.\n(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(5) This Act shall come into force on the expiration of the period of one month from the date on which it is passed.\nSection 7.\n\nSCHEDULE","title":""}
{"_id":"text_ukpga_1978_49","text":"[31st July 1978]\n\n1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n5A .\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n6A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n6B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n9 Grants in respect of community service facilities.\nAfter section 27 of the Social Work (Scotland) Act 1968 there shall be inserted the following section—\n\n“27AGrants in respect of Community service facilities.\nThe Secretary of State may make to a local authority grants of such amount and subject to such conditions as he may with the consent of the Treasury determine in respect of expenditure incurred by the authority in providing a service for the purposes mentioned in paragraph (b) of section 27(1) of this Act in relation to persons mentioned in sub-paragraph (iii) of that paragraph.”.\n\n10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n14\nThe enactments specified in Schedule 2 to this Act shall have effect subject to the amendments there specified, being minor amendments and amendments consequential on the provisions of this Act.\n\n15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nSCHEDULES\n\nSCHEDULE 1 . . .\nSection 14.\n\nSCHEDULE 2 Minor and Consequential Amendments\n\nThe Social Work (Scotland) Act 1968 (c. 49)\n1 In section 27 (supervision of persons put on probation or released from prisons etc.)—\n(a) at the end of subsection (1)(b)(ii) add “and (iii) without prejudice to sub-paragraphs (i) and (ii) above, persons in the area who are subject to a community service order under the Community Service by Offenders (Scotland) Act 1978 or a probation order which includes a requirement that the offender shall perform unpaid work”;\n(b) for the words “probation scheme” wherever they occur substitute “probation and community service scheme”.\n\nThe Criminal Procedure (Scotland) Act 1975 (c. 21)\n2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .","title":""}
{"_id":"text_ukpga_1988_50","text":"[15th November 1988]\nBe it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—\n\nPart I Rented Accommodation\n\nchapter I Assured Tenancies\n\nMeaning of assured tenancy etc.\n\n1 Assured tenancies.\n(1) A tenancy under which a dwelling-house in England is let as a separate dwelling is for the purposes of this Act an assured tenancy if and so long as—\n(a) the tenant or, as the case may be, each of the joint tenants is an individual; and\n(b) the tenant or, as the case may be, at least one of the joint tenants occupies the dwelling-house as his only or principal home; and\n(c) the tenancy is not one which, by virtue of subsection (2) or subsection (6) below, cannot be an assured tenancy.\n(1A) Subsection (1) has effect subject to section 15A (loss of assured tenancy status).\n(2) Subject to subsection (3) below, if and so long as a tenancy falls within any paragraph in Part I of Schedule 1 to this Act, it cannot be an assured tenancy; and in that Schedule—\n(a) “tenancy” means a tenancy under which a dwelling-house is let as a separate dwelling;\n(b) Part II has effect for determining the rateable value of a dwelling-house for the purposes of Part I; and\n(c) Part III has effect for supplementing paragraph 10 in Part I.\n(2A) The Secretary of State may by order replace any amount referred to in paragraphs 2 and 3A of Schedule 1 to this Act by such amount as is specified in the order; and such an order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.\n(3) Except as provided in Chapter V below, at the commencement of this Act, a tenancy—\n(a) under which a dwelling-house was then let as a separate dwelling, and\n(b) which immediately before that commencement was an assured tenancy for the purposes of sections 56 to 58 of the Housing Act 1980 (tenancies granted by approved bodies),\nshall become an assured tenancy for the purposes of this Act.\n(4) In relation to an assured tenancy falling within subsection (3) above—\n(a) Part I of Schedule 1 to this Act shall have effect, subject to subsection (5) below, as if it consisted only of paragraphs 11 and 12; and\n(b) sections 56 to 58 of the Housing Act 1980 (and Schedule 5 to that Act) shall not apply after the commencement of this Act.\n(5) In any case where—\n(a) immediately before the commencement of this Act the landlord under a tenancy is a fully mutual housing association, and\n(b) at the commencement of this Act the tenancy becomes an assured tenancy by virtue of subsection (3) above,\nthen, so long as that association remains the landlord under that tenancy (and under any statutory periodic tenancy which arises on the coming to an end of that tenancy), paragraph 12 of Schedule 1 to this Act shall have effect in relation to that tenancy with the omission of sub-paragraph (1)(h).\n(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n1AApplication of Chapters 1, 2 and 3 of this Part to dwelling in Wales\n(1) As a result of section 239 of the Renting Homes (Wales) Act 2016 (anaw 1), no tenancy or licence (whenever made) of a dwelling-house that is in Wales can be an assured tenancy or an assured agricultural occupancy.\n(2) Accordingly, subject to subsection (3), nothing in sections 1 to 25 of this Act applies to a dwelling-house in Wales.\n(3) The provisions of this Act which are referred to in Schedule 10 to the Local Government and Housing Act 1989 (c. 42) continue to apply, for the purposes of that Schedule, to a dwelling-house in Wales which is subject to a long tenancy.\n(4) For the purposes of subsection (3), “long tenancy” has the meaning given by paragraph 8 of Schedule 2 to the Renting Homes (Wales) Act 2016.\n\n2 Letting of a dwelling-house together with other land.\n(1) If, under a tenancy, a dwelling-house is let together with other land, then, for the purposes of this Part of this Act,—\n(a) if and so long as the main purpose of the letting is the provision of a home for the tenant or, where there are joint tenants, at least one of them, the other land shall be treated as part of the dwelling-house; and\n(b) if and so long as the main purpose of the letting is not as mentioned in paragraph (a) above, the tenancy shall be treated as not being one under which a dwelling-house is let as a separate dwelling.\n(2) Nothing in subsection (1) above affects any question whether a tenancy is precluded from being an assured tenancy by virtue of any provision of Schedule 1 to this Act.\n\n3 Tenant sharing accommodation with persons other than landlord.\n(1) Where a tenant has the exclusive occupation of any accommodation (in this section referred to as “the separate accommodation”) and—\n(a) the terms as between the tenant and his landlord on which he holds the separate accommodation include the use of other accommodation (in this section referred to as “the shared accommodation”) in common with another person or other persons, not being or including the landlord, and\n(b) by reason only of the circumstances mentioned in paragraph (a) above, the separate accommodation would not, apart from this section, be a dwelling-house let on an assured tenancy,\nthe separate accommodation shall be deemed to be a dwelling-house let on an assured tenancy and the following provisions of this section shall have effect.\n(2) For the avoidance of doubt it is hereby declared that where, for the purpose of determining the rateable value of the separate accommodation, it is necessary to make an apportionment under Part II of Schedule 1 to this Act, regard is to be had to the circumstances mentioned in subsection (1)(a) above.\n(3) While the tenant is in possession of the separate accommodation, any term of the tenancy terminating or modifying, or providing for the termination or modification of, his right to the use of any of the shared accommodation which is living accommodation shall be of no effect.\n(4) Where the terms of the tenancy are such that, at any time during the tenancy, the persons in common with whom the tenant is entitled to the use of the shared accommodation could be varied or their number could be increased, nothing in subsection (3) above shall prevent those terms from having effect so far as they relate to any such variation or increase.\n(5) In this section “living accommodation” means accommodation of such a nature that the fact that it constitutes or is included in the shared accommodation is sufficient, apart from this section, to prevent the tenancy from constituting an assured tenancy of a dwelling-house.\n\n4 Certain sublettings not to exclude any part of sub-lessor’s premises from assured tenancy.\n(1) Where the tenant of a dwelling-house has sub-let a part but not the whole of the dwelling-house, then, as against his landlord or any superior landlord, no part of the dwelling-house shall be treated as excluded from being a dwelling-house let on an assured tenancy by reason only that the terms on which any person claiming under the tenant holds any part of the dwelling-house include the use of accommodation in common with other persons.\n(2) Nothing in this section affects the rights against, and liabilities to, each other of the tenant and any person claiming under him, or of any two such persons.\n\nSecurity of tenure\n\n5 Security of tenure.\n(1) An assured tenancy cannot be brought to an end by the landlord except by—\n(a) obtaining—\n(i) an order of the court for possession of the dwelling-house under section 7 or 21, and\n(ii) the execution of the order,\n(b) obtaining an order of the court under section 6A (demotion order), ...\n(c) in the case of a fixed term tenancy which contains power for the landlord to determine the tenancy in certain circumstances, by the exercise of that power, or\n(d) in the case of an assured tenancy—\n(i) which is a residential tenancy agreement within the meaning of Chapter 1 of Part 3 of the Immigration Act 2014, and\n(ii) in relation to which the condition in section 33D(2) of that Act is met,\ngiving a notice in accordance with that section,\nand, accordingly, the service by the landlord of a notice to quit is of no effect in relation to a periodic assured tenancy.\n(1A) Where an order of the court for possession of the dwelling-house is obtained, the tenancy ends when the order is executed.\n(2) If an assured tenancy which is a fixed term tenancy comes to an end otherwise than by virtue of—\n(a) an order of the court of the kind mentioned in subsection (1)(a) or (b) or any other order of the court, ...\n(b) a surrender or other action on the part of the tenant, or\n(c) the giving of a notice under section 33D of the Immigration Act 2014,\nthen, subject to section 7 and Chapter II below, the tenant shall be entitled to remain in possession of the dwelling-house let under that tenancy and, subject to subsection (4) below, his right to possession shall depend upon a periodic tenancy arising by virtue of this section.\n(3) The periodic tenancy referred to in subsection (2) above is one—\n(a) taking effect in possession immediately on the coming to an end of the fixed term tenancy;\n(b) deemed to have been granted by the person who was the landlord under the fixed term tenancy immediately before it came to an end to the person who was then the tenant under that tenancy;\n(c) under which the premises which are let are the same dwelling-house as was let under the fixed term tenancy;\n(d) under which the periods of the tenancy are the same as those for which rent was last payable under the fixed term tenancy; and\n(e) under which, subject to the following provisions of this Part of this Act, the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy.\n(4) The periodic tenancy referred to in subsection (2) above shall not arise if, on the coming to an end of the fixed term tenancy, the tenant is entitled, by virtue of the grant of another tenancy, to possession of the same or substantially the same dwelling-house as was let to him under the fixed term tenancy.\n(5) If, on or before the date on which a tenancy is entered into or is deemed to have been granted as mentioned in subsection (3)(b) above, the person who is to be the tenant under that tenancy—\n(a) enters into an obligation to do any act which (apart from this subsection) will cause the tenancy to come to an end at a time when it is an assured tenancy, or\n(b) executes, signs or gives any surrender, notice to quit or other document which (apart from this subsection) has the effect of bringing the tenancy to an end at a time when it is an assured tenancy,\nthe obligation referred to in paragraph (a) above shall not be enforceable or, as the case may be, the surrender, notice to quit or other document referred to in paragraph (b) above shall be of no effect.\n(5A) Nothing in subsection (5) affects any right of pre-emption—\n(a) which is exercisable by the landlord under a tenancy in circumstances where the tenant indicates his intention to dispose of the whole of his interest under the tenancy, and\n(b) in pursuance of which the landlord would be required to pay, in respect of the acquisition of that interest, an amount representing its market value.\n  * “ Dispose ” means dispose by assignment or surrender, and “ acquisition ” has a corresponding meaning.\n(6) If, by virtue of any provision of this Part of this Act, Part I of Schedule 1 to this Act has effect in relation to a fixed term tenancy as if it consisted only of paragraphs 11 and 12, that Part shall have the like effect in relation to any periodic tenancy which arises by virtue of this section on the coming to an end of the fixed term tenancy.\n(7) Any reference in this Part of this Act to a statutory periodic tenancy is a reference to a periodic tenancy arising by virtue of this section.\n\n6 Fixing of terms of statutory periodic tenancy.\n(1) In this section, in relation to a statutory periodic tenancy,—\n(a) “the former tenancy” means the fixed term tenancy on the coming to an end of which the statutory periodic tenancy arises; and\n(b) “the implied terms” means the terms of the tenancy which have effect by virtue of section 5(3)(e) above, other than terms as to the amount of the rent;\nbut nothing in the following provisions of this section applies to a statutory periodic tenancy at a time when, by virtue of paragraph 11 or paragraph 12 in Part 1 of Schedule 1 to this Act, it cannot be an assured tenancy.\n(2) Not later than the first anniversary of the day on which the former tenancy came to an end, the landlord may serve on the tenant, or the tenant may serve on the landlord, a notice in the prescribed form proposing terms of the statutory periodic tenancy different from the implied terms and, if the landlord or the tenant considers it appropriate, proposing an adjustment of the amount of the rent to take account of the proposed terms.\n(3) Where a notice has been served under subsection (2) above,—\n(a) within the period of three months beginning on the date on which the notice was served on him, the landlord or the tenant, as the case may be, may, by an application in the prescribed form, refer the notice to the appropriate tribunal under subsection (4) below; and\n(b) if the notice is not so referred, then, with effect from such date, not falling within the period referred to in paragraph (a) above, as may be specified in the notice, the terms proposed in the notice shall become terms of the tenancy in substitution for any of the implied terms dealing with the same subject matter and the amount of the rent shall be varied in accordance with any adjustment so proposed.\n(4) Where a notice under subsection (2) above is referred to the appropriate tribunal, the appropriate tribunal shall consider the terms proposed in the notice and shall determine whether those terms, or some other terms (dealing with the same subject matter as the proposed terms), are such as, in the appropriate tribunal’s opinion, might reasonably be expected to be found in an assured periodic tenancy of the dwelling-house concerned, being a tenancy—\n(a) which begins on the coming to an end of the former tenancy; and\n(b) which is granted by a willing landlord on terms which, except in so far as they relate to the subject matter of the proposed terms, are those of the statutory periodic tenancy at the time of the appropriate tribunal’s consideration.\n(5) Whether or not a notice under subsection (2) above proposes an adjustment of the amount of the rent under the statutory periodic tenancy, where the appropriate tribunal determine any terms under subsection (4) above, they shall, if they consider it appropriate, specify such an adjustment to take account of the terms so determined.\n(6) In making a determination under subsection (4) above, or specifying an adjustment of an amount of rent under subsection (5) above, there shall be disregarded any effect on the terms or the amount of the rent attributable to the granting of a tenancy to a sitting tenant.\n(7) Where a notice under subsection (2) above is referred to the appropriate tribunal, then, unless the landlord and the tenant otherwise agree, with effect from such date as the appropriate tribunal may direct—\n(a) the terms determined by the appropriate tribunal shall become terms of the statutory periodic tenancy in substitution for any of the implied terms dealing with the same subject matter; and\n(b) the amount of the rent under the statutory periodic tenancy shall be altered to accord with any adjustment specified by the appropriate tribunal;\nbut for the purposes of paragraph (b) above the appropriate tribunal shall not direct a date earlier than the date specified, in accordance with subsection (3)(b) above, in the notice referred to them.\n(8) Nothing in this section requires the appropriate tribunal to continue with a determination under subsection (4) above if the landlord and tenant give notice in writing that they no longer require such a determination or if the tenancy has come to an end.\n\n6ADemotion because of anti-social behaviour\n(1) This section applies to an assured tenancy if—\n(a) the landlord is a non-profit registered provider of social housing,\n(b) the landlord is a profit-making registered provider of social housing and the dwelling-house let on the tenancy is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, or\n(c) the landlord is a registered social landlord.\n(2) The landlord may apply to the county court for a demotion order.\n(3) A demotion order has the following effect—\n(a) the assured tenancy is terminated with effect from the date specified in the order;\n(b) if the tenant remains in occupation of the dwelling-house after that date a demoted tenancy is created with effect from that date;\n(c) it is a term of the demoted tenancy that any arrears of rent payable at the termination of the assured tenancy become payable under the demoted tenancy;\n(d) it is also a term of the demoted tenancy that any rent paid in advance or overpaid at the termination of the assured tenancy is credited to the tenant’s liability to pay rent under the demoted tenancy.\n(4) The court must not make a demotion order unless it is satisfied—\n(a) that the tenant or a person residing in or visiting the dwelling-house has engaged or has threatened to engage in—\n(i) conduct that is capable of causing nuisance or annoyance to some person (who need not be a particular identified person) and that directly or indirectly relates to or affects the landlord's housing management functions, or\n(ii) conduct that consists of or involves using housing accommodation owned or managed by the landlord for an unlawful purpose, and\n(b) that it is reasonable to make the order.\n(5) The court must not entertain proceedings for a demotion order unless—\n(a) the landlord has served on the tenant a notice under subsection (6), or\n(b) the court thinks it is just and equitable to dispense with the requirement of the notice.\n(6) The notice must—\n(a) give particulars of the conduct in respect of which the order is sought;\n(b) state that the proceedings will not begin before the date specified in the notice;\n(c) state that the proceedings will not begin after the end of the period of twelve months beginning with the date of service of the notice.\n(7) The date specified for the purposes of subsection (6)(b) must not be before the end of the period of two weeks beginning with the date of service of the notice.\n(8) Each of the following has effect in respect of a demoted tenancy at the time it is created by virtue of an order under this section as it has effect in relation to the assured tenancy at the time it is terminated by virtue of the order—\n(a) the parties to the tenancy;\n(b) the period of the tenancy;\n(c) the amount of the rent;\n(d) the dates on which the rent is payable.\n(9) Subsection (8)(b) does not apply if the assured tenancy was for a fixed term and in such a case the demoted tenancy is a weekly periodic tenancy.\n(10) If the landlord of the demoted tenancy serves on the tenant a statement of any other express terms of the assured tenancy which are to apply to the demoted tenancy such terms are also terms of the demoted tenancy.\n(10A) In subsection (4)(a)(ii) “housing accommodation” includes—\n(a) flats, lodging-houses and hostels;\n(b) any yard, garden, outhouses and appurtenances belonging to the accommodation or usually enjoyed with it;\n(c) any common areas used in connection with the accommodation.\n(11) For the purposes of this section a demoted tenancy is a tenancy to which section 20B of the Housing Act 1988 applies.\n\n7 Orders for possession.\n(1) The court shall not make an order for possession of a dwelling-house let on an assured tenancy except on one or more of the grounds set out in Schedule 2 to this Act; but nothing in this Part of this Act relates to proceedings for possession of such a dwelling-house which are brought by a mortgagee, within the meaning of the Law of Property Act 1925, who has lent money on the security of the assured tenancy.\n(2) The following provisions of this section have effect, subject to section 8 below, in relation to proceedings for the recovery of possession of a dwelling-house let on an assured tenancy.\n(3) If the court is satisfied that any of the grounds in Part I of Schedule 2 to this Act is established then, subject to subsections (5A) and (6) and section 10A below (and to any available defence based on the tenant's Convention rights, within the meaning of the Human Rights Act 1998), the court shall make an order for possession.\n(4) If the court is satisfied that any of the grounds in Part II of Schedule 2 to this Act is established, then, subject to subsections (5A) and (6) below, the court may make an order for possession if it considers it reasonable to do so.\n(5) Part III of Schedule 2 to this Act shall have effect for supplementing Ground 9 in that Schedule and Part IV of that Schedule shall have effect in relation to notices given as mentioned in Grounds 1 to 5 of that Schedule.\n(5A) The court shall not make an order for possession of a dwellinghouse let on an assured periodic tenancy arising under Schedule 10 to the Local Government and Housing Act 1989 on any of the following grounds, that is to say,—\n(a) Grounds 1, 2 , 5 , 7A and 7B in Part I of Schedule 2 to this Act;\n(b) Ground 16 in Part II of that Schedule; and\n(c) if the assured periodic tenancy arose on the termination of a former 1954 Act tenancy, within the meaning of the said Schedule 10, Ground 6 in Part I of Schedule 2 to this Act.\n(6) The court shall not make an order for possession of a dwelling-house to take effect at a time when it is let on an assured fixed term tenancy unless—\n(a) the ground for possession is Ground 2, Ground 7A , Ground 7B or Ground 8 in Part I of Schedule 2 to this Act or any of the grounds in Part II of that Schedule, other than Ground 9 or Ground 16; and\n(b) the terms of the tenancy make provision for it to be brought to an end on the ground in question (whether that provision takes the form of a provision for re-entry, for forfeiture, for determination by notice or otherwise).\n(6A) In the case of a dwelling-house in England, subsection (6)(a) has effect as if it also referred to Ground 7 in Part 1 of Schedule 2 to this Act.\n(6B) The requirement in subsection (6)(b) that would otherwise apply to an order for possession of a dwelling-house let on an assured fixed term tenancy does not apply where the ground for possession is Ground 7B in Part 1 of Schedule 2 to this Act.\n(7) Subject to the preceding provisions of this section, the court may make an order for possession of a dwelling-house on grounds relating to a fixed term tenancy which has come to an end; and where an order is made in such circumstances, any statutory periodic tenancy which has arisen on the ending of the fixed term tenancy shall end (without any notice and regardless of the period) in accordance with section 5(1A).\n\n8 Notice of proceedings for possession.\n(1) The court shall not entertain proceedings for possession of a dwelling-house let on an assured tenancy unless—\n(a) the landlord or, in the case of joint landlords, at least one of them has served on the tenant a notice in accordance with this section and the proceedings are begun within the time limits stated in the notice in accordance with (3) to (4B) below; or\n(b) the court considers it just and equitable to dispense with the requirement of such a notice.\n(2) The court shall not make an order for possession on any of the grounds in Schedule 2 to this Act unless that ground and particulars of it are specified in the notice under this section; but the grounds specified in such a notice may be altered or added to with the leave of the court.\n(3) A notice under this section is one in the prescribed form informing the tenant that—\n(a) the landlord intends to begin proceedings for possession of the dwelling-house on one or more of the grounds specified in the notice; and\n(b) those proceedings will not begin earlier than a date specified in the notice in accordance with subsections (3A) to (4B) below; and\n(c) those proceedings will not begin later than twelve months from the date of service of the notice.\n(3A) If a notice under this section specifies in accordance with subsection (3)(a) Ground 7A in Schedule 2 to this Act (whether with or without other grounds), the date specified in the notice as mentioned in subsection (3)(b) is not to be earlier than—\n(a) in the case of a periodic tenancy, the earliest date on which, apart from section 5(1), the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the date of service of the notice under this section;\n(b) in the case of a fixed term tenancy, one month after the date on which the notice was served.\n(4) If a notice under this section specifies in accordance with subsection (3)(a) above Ground 14 in Schedule 2 to this Act (whether without other grounds or with any ground other than Ground 7A), the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than the date of the service of the notice.\n(4A) If a notice under this section specifies in accordance with subsection (3)(a) above, any of Grounds 1, 2, 5 to 7, 9 and 16 in Schedule 2 to this Act (whether without other grounds or with any ground other than Ground 7A or 14), the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than—\n(a) two months from the date of service of the notice; and\n(b) if the tenancy is a periodic tenancy, the earliest date on which, apart from section 5(1) above, the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the date of service of the notice under this section.\n(4B) In any other case, the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than the expiry of the period of two weeks from the date of the service of the notice.\n(4C) A notice under this section that specifies in accordance with subsection (3)(a) Ground 7A in Schedule 2 to this Act (whether with or without other grounds) must be served on the tenant within the time period specified in subsection (4D), (4E) or (4F).\n(4D) Where the landlord proposes to rely on condition 1, 3 or 5 in Ground 7A, the notice must be served on the tenant within—\n(a) the period of 12 months beginning with the day of the conviction, or\n(b) if there is an appeal against the conviction, the period of 12 months beginning with the day on which the appeal is finally determined or abandoned.\n(4E) Where the landlord proposes to rely on condition 2 in Ground 7A, the notice must be served on the tenant within—\n(a) the period of 12 months beginning with the day on which the court has made the finding, or\n(b) if there is an appeal against the finding, the period of 12 months beginning with the day on which the appeal is finally determined, abandoned or withdrawn.\n(4F) Where the landlord proposes to rely on condition 4 in Ground 7A, the notice must be served on the tenant within—\n(a) the period of 3 months beginning with the day on which the closure order was made, or\n(b) if there is an appeal against the making of the order, the period of 3 months beginning with the day on which the appeal is finally determined, abandoned or withdrawn.\n(5) The court may not exercise the power conferred by subsection (1)(b) above if the landlord seeks to recover possession on Ground 7A , 7B or 8 in Schedule 2 to this Act.\n(6) Where a notice under this section—\n(a) is served at a time when the dwelling-house is let on a fixed term tenancy, or\n(b) is served after a fixed term tenancy has come to an end but relates (in whole or in part) to events occurring during that tenancy,\nthe notice shall have effect notwithstanding that the tenant becomes or has become tenant under a statutory periodic tenancy arising on the coming to an end of the fixed term tenancy.\n\n8A Additional notice requirements: ground of domestic violence.\n(1) Where the ground specified in a notice under section 8 (whether with or without other grounds) is Ground 14A in Schedule 2 to this Act and the partner who has left the dwelling-house as mentioned in that ground is not a tenant of the dwelling-house, the court shall not entertain proceedings for possession of the dwelling-house unless—\n(a) the landlord or, in the case of joint landlords, at least one of them has served on the partner who has left a copy of the notice or has taken all reasonable steps to serve a copy of the notice on that partner, or\n(b) the court considers it just and equitable to dispense with such requirements as to service.\n(2) Where Ground 14A in Schedule 2 to this Act is added to a notice under section 8 with the leave of the court after proceedings for possession are begun and the partner who has left the dwelling-house as mentioned in that ground is not a party to the proceedings, the court shall not continue to entertain the proceedings unless—\n(a) the landlord or, in the case of joint landlords, at least one of them has served a notice under subsection (3) below on the partner who has left or has taken all reasonable steps to serve such a notice on that partner, or\n(b) the court considers it just and equitable to dispense with the requirement of such a notice.\n(3) A notice under this subsection shall—\n(a) state that proceedings for the possession of the dwelling-house have begun,\n(b) specify the ground or grounds on which possession is being sought, and\n(c) give particulars of the ground or grounds.\n\n9 Extended discretion of court in possession claims.\n(1) Subject to subsection (6) below, the court may adjourn for such period or periods as it thinks fit proceedings for possession of a dwelling-house let on an assured tenancy.\n(2) On the making of an order for possession of a dwelling-house let on an assured tenancy or at any time before the execution of such an order, the court, subject to subsection (6) below, may—\n(a) stay or suspend execution of the order, or\n(b) postpone the date of possession,\nfor such period or periods as the court thinks just.\n(3) On any such adjournment as is referred to in subsection (1) above or on any such stay, suspension or postponement as is referred to in subsection (2) above, the court, unless it considers that to do so would cause exceptional hardship to the tenant or would otherwise be unreasonable, shall impose conditions with regard to payment by the tenant of arrears of rent (if any) and rent . . . and may impose such other conditions as it thinks fit.\n(4) If any such conditions as are referred to in subsection (3) above are complied with, the court may, if it thinks fit, discharge or rescind any such order as is referred to in subsection (2) above.\n(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(5A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(6) This section does not apply if the court is satisfied that the landlord is entitled to possession of the dwelling-house—\n(a) on any of the grounds in Part I of Schedule 2 to this Act; or\n(b) by virtue of subsection (1) or subsection (4) of section 21 below.\n\n9AProceedings for possession on non-absolute grounds: anti-social behaviour\n(1) This section applies if the court is considering under section 7(4) whether it is reasonable to make an order for possession on ground 14 set out in Part 2 of Schedule 2 (conduct of tenant or other person).\n(2) The court must consider, in particular—\n(a) the effect that the nuisance or annoyance has had on persons other than the person against whom the order is sought;\n(b) any continuing effect the nuisance or annoyance is likely to have on such persons;\n(c) the effect that the nuisance or annoyance would be likely to have on such persons if the conduct is repeated.\n\n10 Special provisions applicable to shared accommodation.\n(1) This section applies in a case falling within subsection (1) of section 3 above and expressions used in this section have the same meaning as in that section.\n(2) Without prejudice to the enforcement of any order made under subsection (3) below, while the tenant is in possession of the separate accommodation, no order shall be made for possession of any of the shared accommodation, whether on the application of the immediate landlord of the tenant or on the application of any person under whom that landlord derives title, unless a like order has been made, or is made at the same time, in respect of the separate accommodation; and the provisions of section 6 above shall have effect accordingly.\n(3) On the application of the landlord, the court may make such order as it thinks just either—\n(a) terminating the right of the tenant to use the whole or any part of the shared accommodation other than living accommodation; or\n(b) modifying his right to use the whole or any part of the shared accommodation, whether by varying the persons or increasing the number of persons entitled to the use of that accommodation or otherwise.\n(4) No order shall be made under subsection (3) above so as to effect any termination or modification of the rights of the tenant which, apart from section 3(3) above, could not be effected by or under the terms of the tenancy.\n\n10APower to order transfer of tenancy in certain cases\n(1) This section applies on an application for an order for possession of a dwelling-house let on an assured tenancy if the court is satisfied that—\n(a) Ground 7B in Schedule 2 is established,\n(b) no other ground in that Schedule is established, or one or more grounds in Part 2 of that Schedule are established but it is not reasonable to make an order for possession on that ground or those grounds,\n(c) the tenancy is a joint tenancy, and\n(d) one or more of the tenants is a qualifying tenant.\n(2) In subsection (1)(d) “qualifying tenant” means a person who (within the meaning of Ground 7B) is not disqualified as a result of the person's immigration status from occupying the dwelling-house under the tenancy.\n(3) The court may, instead of making an order for possession, order that the tenant's interest under the tenancy is to be transferred so that it is held—\n(a) if there is one qualifying tenant, by the qualifying tenant as sole tenant, or\n(b) if there is more than one qualifying tenant, by all of them as joint tenants.\n(4) The effect of an order under this section is that, from the time the order takes effect, the qualifying tenant or tenants—\n(a) are entitled to performance of the landlord's covenants under the tenancy, and\n(b) are liable to perform the tenant's covenants under the tenancy.\n(5) The effect of an order under this section is that, from the time it takes effect, any other person who was a tenant under the tenancy before the order took effect—\n(a) ceases to be entitled to performance of the landlord's covenants under the tenancy, or\n(b) ceases to be liable to perform the tenant's covenants under the tenancy.\n(6) Subsection (5) does not remove any right or liability of the person which accrued before the order took effect.\n(7) An order under this section does not operate to create a new tenancy as between the landlord and the qualifying tenant or tenants.\n(8) In particular, if the tenancy is a fixed term tenancy, the term comes to an end at the same time as if the order had not been made.\n\n11 Payment of removal expenses in certain cases.\n(1) Where a court makes an order for possession of a dwelling-house let on an assured tenancy on Ground 6 or Ground 9 in Schedule 2 to this Act (but not on any other ground), the landlord shall pay to the tenant a sum equal to the reasonable expenses likely to be incurred by the tenant in removing from the dwelling-house.\n(2) Any question as to the amount of the sum referred to in subsection (1) above shall be determined by agreement between the landlord and the tenant or, in default of agreement, by the court.\n(3) Any sum payable to a tenant by virtue of this section shall be recoverable as a civil debt due from the landlord.\n\n12 Compensation for misrepresentation or concealment.\nWhere a landlord obtains an order for possession of a dwelling-house let on an assured tenancy on one or more of the grounds in Schedule 2 to this Act and it is subsequently made to appear to the court that the order was obtained by misrepresentation or concealment of material facts, the court may order the landlord to pay to the former tenant such sum as appears sufficient as compensation for damage or loss sustained by that tenant as a result of the order.\n\nRent and other terms\n\n13 Increases of rent under assured periodic tenancies.\n(1) This section applies to—\n(a) a statutory periodic tenancy other than one which, by virtue of paragraph 11 or paragraph 12 in Part I of Schedule 1 to this Act, cannot for the time being be an assured tenancy; and\n(b) any other periodic tenancy which is an assured tenancy, other than one in relation to which there is a provision, for the time being binding on the tenant, under which the rent for a particular period of the tenancy will or may be greater than the rent for an earlier period.\n(2) For the purpose of securing an increase in the rent under a tenancy to which this section applies, the landlord may serve on the tenant a notice in the prescribed form proposing a new rent to take effect at the beginning of a new period of the tenancy specified in the notice, being a period beginning not earlier than—\n(a) the minimum period after the date of the service of the notice; and\n(b) except in the case of a statutory periodic tenancy—\n(i) in the case of an assured agricultural occupancy, the first anniversary of the date on which the first period of the tenancy began;\n(ii) in any other case, on the date that falls 52 weeks after the date on which the first period of the tenancy began; and\n(c) if the rent under the tenancy has previously been increased by virtue of a notice under this subsection or a determination under section 14 below—\n(i) in the case of an assured agricultural occupancy, the first anniversary of the date on which the increased rent took effect;\n(ii) in any other case, the appropriate date\n(3) The minimum period referred to in subsection (2) above is—\n(a) in the case of a yearly tenancy, six months;\n(b) in the case of a tenancy where the period is less than a month, one month; and\n(c) in any other case, a period equal to the period of the tenancy.\n(3A) The appropriate date referred to in subsection (2)(c)(ii) above is—\n(a) in a case to which subsection (3B) below applies, the date that falls 53 weeks after the date on which the increased rent took effect;\n(b) in any other case, the date that falls 52 weeks after the date on which the increased rent took effect.\n(3B) This subsection applies where—\n(a) the rent under the tenancy has been increased by virtue of a notice under this section or a determination under section 14 below on at least one occasion after the coming into force of the Regulatory Reform (Assured Periodic Tenancies)(Rent Increases) Order 2003; and\n(b) the fifty-third week after the date on which the last such increase took effect begins more than six days before the anniversary of the date on which the first such increase took effect.\n(4) Where a notice is served under subsection (2) above, a new rent specified in the notice shall take effect as mentioned in the notice unless, before the beginning of the new period specified in the notice,—\n(a) the tenant by an application in the prescribed form refers the notice to the appropriate tribunal; or\n(b) the landlord and the tenant agree on a variation of the rent which is different from that proposed in the notice or agree that the rent should not be varied.\n(5) Nothing in this section (or in section 14 below) affects the right of the landlord and the tenant under an assured tenancy to vary by agreement any term of the tenancy (including a term relating to rent).\n\n14 Determination of rent by tribunal.\n(1) Where, under subsection (4)(a) of section 13 above, a tenant refers to the appropriate tribunal a notice under subsection (2) of that section, the appropriate tribunal shall determine the rent at which, subject to subsections (2) and (4) below, the appropriate tribunal consider that the dwelling-house concerned might reasonably be expected to be let in the open market by a willing landlord under an assured tenancy—\n(a) which is a periodic tenancy having the same periods as those of the tenancy to which the notice relates;\n(b) which begins at the beginning of the new period specified in the notice;\n(c) the terms of which (other than relating to the amount of the rent) are the same as those of the tenancy to which the notice relates; and\n(d) in respect of which the same notices, if any, have been given under any of Grounds 1 to 5 of Schedule 2 to this Act, as have been given (or have effect as if given) in relation to the tenancy to which the notice relates.\n(2) In making a determination under this section, there shall be disregarded—\n(a) any effect on the rent attributable to the granting of a tenancy to a sitting tenant;\n(b) any increase in the value of the dwelling-house attributable to a relevant improvement carried out by a person who at the time it was carried out was the tenant, if the improvement—\n(i) was carried out otherwise than in pursuance of an obligation to his immediate landlord, or\n(ii) was carried out pursuant to an obligation to his immediate landlord being an obligation which did not relate to the specific improvement concerned but arose by reference to consent given to the carrying out of that improvement; and\n(c) any reduction in the value of the dwelling-house attributable to a failure by the tenant to comply with any terms of the tenancy.\n(3) For the purposes of subsection (2)(b) above, in relation to a notice which is referred by a tenant as mentioned in subsection (1) above, an improvement is a relevant improvement if either it was carried out during the tenancy to which the notice relates or the following conditions are satisfied, namely—\n(a) that it was carried out not more than twenty-one years before the date of service of the notice; and\n(b) that, at all times during the period beginning when the improvement was carried out and ending on the date of service of the notice, the dwelling-house has been let under an assured tenancy; and\n(c) that, on the coming to an end of an assured tenancy at any time during that period, the tenant (or, in the case of joint tenants, at least one of them) did not quit.\n( 3A )In making a determination under this section in any case where under Part I of the Local Government Finance Act 1992 the landlord or a superior landlord is liable to pay council tax in respect of a hereditament ( “the relevant hereditament”) of which the dwelling-house forms part, the appropriate tribunal shall have regard to the amount of council tax which, as at the date on which the notice under section 13(2) above was served, was set by the billing authority—\n(a) for the financial year in which that notice was served, and\n(b) for the category of dwellings within which the relevant hereditament fell on that date,\nbut any discount or other reduction affecting the amount of council tax payable shall be disregarded.\n(3B) In subsection (3A) above—\n(a) “hereditament” means a dwelling within the meaning of Part I of the Local Government Finance Act 1992,\n(b) “billing authority” has the same meaning as in that Part of that Act, and\n(c) “category of dwellings” has the same meaning as in section 30(1) and (2) of that Act.\n(4) In this section “rent” does not include any service charge, within the meaning of section 18 of the Landlord and Tenant Act 1985, but, subject to that, includes any sums payable by the tenant to the landlord on account of the use of furniture , in respect of council tax or for any of the matters referred to in subsection (1)(a) of that section, whether or not those sums are separate from the sums payable for the occupation of the dwelling-house concerned or are payable under separate agreements.\n(5) Where any rates in respect of the dwelling-house concerned are borne by the landlord or a superior landlord, the appropriate tribunal shall make their determination under this section as if the rates were not so borne.\n(6) In any case where—\n(a) the appropriate tribunal have before them at the same time the reference of a notice under section 6(2) above relating to a tenancy (in this subsection referred to as “the section 6 reference”) and the reference of a notice under section 13(2) above relating to the same tenancy (in this subsection referred to as “the section 13 reference”), and\n(b) the date specified in the notice under section 6(2) above is not later than the first day of the new period specified in the notice under section 13(2) above, and\n(c) the appropriate tribunal propose to hear the two references together,\nthe appropriate tribunal shall make a determination in relation to the section 6 reference before making their determination in relation to the section 13 reference and, accordingly, in such a case the reference in subsection(1)(c) above to the terms of the tenancy to which the notice relates shall be construed as a reference to those terms as varied by virtue of the determination made in relation to the section 6 reference.\n(7) Where a notice under section 13(2) above has been referred to the appropriate tribunal, then, unless the landlord and the tenant otherwise agree, the rent determined by the appropriate tribunal (subject, in a case where subsection (5) above applies, to the addition of the appropriate amount in respect of rates) shall be the rent under the tenancy with effect from the beginning of the new period specified in the notice or, if it appears to the appropriate tribunal that that would cause undue hardship to the tenant, with effect from such later date (not being later than the date the rent is determined) as the appropriate tribunal may direct.\n(8) Nothing in this section requires the appropriate tribunal to continue with their determination of a rent for a dwelling-house if the landlord and tenant give notice in writing that they no longer require such a determination or if the tenancy has come to an end.\n(9) This section shall apply in relation to an assured shorthold tenancy as if in subsection (1) the reference to an assured tenancy were a reference to an assured shorthold tenancy.\n\n14A Interim increase before 1st April 1994 of rent under assured periodic tenancies in certain cases where landlord liable for council tax\n(1) In any case where—\n(a) under Part I of the Local Government Finance Act 1992 the landlord of a dwelling-house let under an assured tenancy to which section 13 above applies or a superior landlord is liable to pay council tax in respect of a dwelling (within the meaning of that Part of that Act) which includes that dwelling-house,\n(b) under the terms of the tenancy (or an agreement collateral to the tenancy) the tenant is liable to make payments to the landlord in respect of council tax,\n(c) the case falls within subsection (2) or subsection (3) below, and\n(d) no previous notice under this subsection has been served in relation to the dwelling-house,\nthe landlord may serve on the tenant a notice in the prescribed form proposing an increased rent to take account of the tenant’s liability to make payments to the landlord in respect of council tax, such increased rent to take effect at the beginning of a new period of the tenancy specified in the notice being a period beginning not earlier than one month after the date on which the notice was served.\n(2) The case falls within this subsection if—\n(a) the rent under the tenancy has previously been increased by virtue of a notice under section 13(2) above or a determination under section 14 above, and\n(b) the first anniversary of the date on which the increased rent took effect has not yet occurred.\n(3) The case falls within this subsection if a notice has been served under section 13(2) above before 1st April 1993 but no increased rent has taken effect before that date.\n(4) No notice may be served under subsection (1) above after 31st March 1994.\n(5) Where a notice is served under subsection (1) above, the new rent specified in the notice shall take effect as mentioned in the notice unless, before the beginning of the new period specified in the notice—\n(a) the tenant by an application in the prescribed form refers the notice to the appropriate tribunal, or\n(b) the landlord and the tenant agree on a variation of the rent which is different from that proposed in the notice or agree that the rent should not be varied.\n(6) Nothing in this section (or in section 14B below) affects the right of the landlord and the tenant under an assured tenancy to vary by agreement any term of the tenancy (including a term relating to rent).\n\n14B Interim determination of rent by the appropriate tribunal\n(1) Where, under subsection (5)(a) of section 14A above, a tenant refers to the appropriate tribunal a notice under subsection (1) of that section, the appropriate tribunal shall determine the amount by which, having regard to the provisions of section 14(3A) above, the existing rent might reasonably be increased to take account of the tenant’s liability to make payments to the landlord in respect of council tax.\n(2) Where a notice under section 14A(1) above has been referred to the appropriate tribunal, then, unless the landlord and the tenant otherwise agree, the existing rent shall be increased by the amount determined by the appropriate tribunal with effect from the beginning of the new period specified in the notice or, if it appears to the appropriate tribunal that that would cause undue hardship to the tenant, with effect from such later date (not being later than the date the increase is determined) as the appropriate tribunal may direct.\n(3) In any case where—\n(a) the appropriate tribunal have before them at the same time the reference of a notice under section 13(2) above relating to a tenancy (in this subsection referred to as “the section 13 reference”) and the reference of a notice under section 14A(1) above relating to the same tenancy (in this subsection referred to as “the section 14A reference”); and\n(b) the appropriate tribunal propose to hear the two references together,\nthe appropriate tribunal shall make a determination in relation to the section 13 reference before making their determination in relation to the section 14A reference, and if in such a case the date specified in the notice under section 13(2) above is later than the date specified in the notice under section 14A(1) above, the rent determined under the section 14A reference shall not take effect until the date specified in the notice under section 13(2).\n(4) In this section “rent” has the same meaning as in section 14 above; and section 14(4) above applies to a determination under this section as it applies to a determination under that section.\n\n15 Limited prohibition on assignment etc. without consent.\n(1) Subject to subsection (3) below, it shall be an implied term of every assured tenancy which is a periodic tenancy that, except with the consent of the landlord, the tenant shall not—\n(a) assign the tenancy (in whole or in part); or\n(b) sub-let or part with possession of the whole or any part of the dwelling-house let on the tenancy.\n(2) Section 19 of the Landlord and Tenant Act 1927 (consents to assign not to be unreasonably withheld etc.) shall not apply to a term which is implied into an assured tenancy by subsection (1) above.\n(3) In the case of a periodic tenancy which is not a statutory periodic tenancy or an assured periodic tenancy arising under Schedule 10 to the Local Government and Housing Act 1989 subsection (1) above does not apply if—\n(a) there is a provision (whether contained in the tenancy or not) under which the tenant is prohibited (whether absolutely or conditionally) from assigning or sub-letting or parting with possession or is permitted (whether absolutely or conditionally) to assign, sub-let or part with possession; or\n(b) a premium is required to be paid on the grant or renewal of the tenancy.\n(4) In subsection (3)(b) above “premium” includes—\n(a) any fine or other like sum;\n(b) any other pecuniary consideration in addition to rent; and\n(c) any sum paid by way of deposit, other than one which does not exceed one-sixth of the annual rent payable under the tenancy immediately after the grant or renewal in question.\n\n15ALoss of assured tenancy status\n(1) Subsection (2) applies if, in breach of an express or implied term of the tenancy, a tenant of a dwelling-house let under an assured tenancy to which this section applies—\n(a) parts with possession of the dwelling-house, or\n(b) sub-lets the whole of the dwelling-house (or sub-lets first part of it and then the remainder).\n(2) The tenancy ceases to be an assured tenancy and cannot subsequently become an assured tenancy.\n(3) This section applies to an assured tenancy—\n(a) under which the landlord is a private registered provider of social housing or a registered social landlord, and\n(b) which is not a shared ownership lease.\n(4) In this section “registered social landlord” has the same meaning as in Part 1 of the Housing Act 1996.\n(5) In this section “shared ownership lease” means a lease of a dwelling-house—\n(a) granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, or\n(b) under which the lessee (or the lessee's personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house.\n\n16 Access for repairs.\nIt shall be an implied term of every assured tenancy that the tenant shall afford to the landlord access to the dwelling-house let on the tenancy and all reasonable facilities for executing therein any repairs which the landlord is entitled to execute.\n\nMiscellaneous\n\n17 Succession to assured tenancy.\n(1) Subject to subsection (1D), In any case where—\n(a) the sole tenant under an assured periodic tenancy dies, and\n(b) immediately before the death, the tenant’s spouse or civil partner was occupying the dwelling-house as his or her only or principal home, and\n(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\nthen, on the death, the tenancy vests by virtue of this section in the spouse or civil partner (and, accordingly, does not devolve under the tenant’s will or intestacy).\n(1A) Subject to subsection (1D), in any case where—\n(a) there is an assured periodic tenancy of a dwelling-house in England under which—\n(i) the landlord is a private registered provider of social housing, and\n(ii) the tenant is a sole tenant,\n(b) the tenant under the tenancy dies,\n(c) immediately before the death, the dwelling-house was not occupied by a spouse or civil partner of the tenant as his or her only or principal home,\n(d) an express term of the tenancy makes provision for a person other than such a spouse or civil partner of the tenant to succeed to the tenancy, and\n(e) there is a person whose succession is in accordance with that term,\nthen, on the death, the tenancy vests by virtue of this section in that person (and, accordingly, does not devolve under the tenant's will or intestacy).\n(1B) Subject to subsection (1D), in any case where—\n(a) there is an assured tenancy of a dwelling-house in England for a fixed term of not less than two years under which—\n(i) the landlord is a private registered provider of social housing, and\n(ii) the tenant is a sole tenant,\n(b) the tenant under the tenancy dies, and\n(c) immediately before the death, the tenant's spouse or civil partner was occupying the dwelling-house as his or her only or principal home,\nthen, on the death, the tenancy vests by virtue of this section in the spouse or civil partner (and, accordingly, does not devolve under the tenant's will or intestacy).\n(1C) Subject to subsection (1D), in any case where—\n(a) there is an assured tenancy of a dwelling-house in England for a fixed term of not less than two years under which—\n(i) the landlord is a private registered provider of social housing, and\n(ii) the tenant is a sole tenant,\n(b) the tenant under the tenancy dies,\n(c) immediately before the death, the dwelling-house was not occupied by a spouse or civil partner of the tenant as his or her only or principal home,\n(d) an express term of the tenancy makes provision for a person other than such a spouse or civil partner of the tenant to succeed to the tenancy, and\n(e) there is a person whose succession is in accordance with that term,\nthen, on the death, the tenancy vests by virtue of this section in that person (and accordingly does not devolve under the tenant's will or intestacy).\n(1D) Subsection (1), (1A), (1B) or (1C) does not apply if the tenant was himself a successor as defined in subsection (2) or subsection (3).\n(1E) In such a case, on the death, the tenancy vests by virtue of this section in a person (“P”) (and, accordingly, does not devolve under the tenant's will or intestacy) if, and only if—\n(a)(in a case within subsection (1)) the tenancy is of a dwelling-house in England under which the landlord is a private registered provider of social housing,\n(b) an express term of the tenancy makes provision for a person to succeed a successor to the tenancy, and\n(c) P's succession is in accordance with that term.\n(2) For the purposes of this section, a tenant is a successor in relation to a tenancy if—\n(a) the tenancy became vested in him either by virtue of this section or under the will or intestacy of a previous tenant; or\n(b) at some time before the tenant’s death the tenancy was a joint tenancy held by himself and one or more other persons and, prior to his death, he became the sole tenant by survivorship; or\n(c) he became entitled to the tenancy as mentioned in section 39(5) below.\n(3) For the purposes of this section, a tenant is also a successor in relation to a tenancy (in this subsection referred to as “the new tenancy”) which was granted to him (alone or jointly with others) if—\n(a) at some time before the grant of the new tenancy, he was, by virtue of subsection (2) above, a successor in relation to an earlier tenancy of the same or substantially the same dwelling-house as is let under the new tenancy; and\n(b) at all times since he became such a successor he has been a tenant (alone or jointly with others) of the dwelling-house which is let under the new tenancy or of a dwelling-house which is substantially the same as that dwelling-house.\n(4) For the purposes of this section, a person who was living with the tenant as if they were a married couple or civil partners is to be treated as the tenant’s spouse or civil partner.\n(5) If, on the death of the tenant, there is, by virtue of subsection (4) above, more than one person who fulfils the condition in subsection (1)(b) or (1B)(c) above, such one of them as may be decided by agreement or, in default of agreement, by the county court shall for the purposes of this section be treated as the tenant’s spouse or civil partner.\n(6) If, on the death of the tenant, there is more than one person in whom the tenancy would otherwise vest by virtue of subsection (1A), (1C) or (1E), the tenancy vests in such one of them as may be agreed between them or, in default of agreement, as is determined by the county court.\n(7) This section does not apply to a fixed term assured tenancy that is a lease of a dwelling-house—\n(a) granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, or\n(b) under which the lessee (or the lessee's personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house.\n\n18 Provisions as to reversions on assured tenancies.\n(1) If at any time—\n(a) a dwelling-house is for the time being lawfully let on an assured tenancy, and\n(b) the landlord under the assured tenancy is himself a tenant under a superior tenancy; and\n(c) the superior tenancy comes to an end,\nthen, subject to subsection (2) below, the assured tenancy shall continue in existence as a tenancy held of the person whose interest would, apart from the continuance of the assured tenancy, entitle him to actual possession of the dwelling-house at that time.\n(2) Subsection (1) above does not apply to an assured tenancy if the interest which, by virtue of that subsection, would become that of the landlord, is such that, by virtue of Schedule 1 to this Act, the tenancy could not be an assured tenancy.\n(3) Where, by virtue of any provision of this Part of this Act, an assured tenancy which is a periodic tenancy (including a statutory periodic tenancy) continues beyond the beginning of a reversionary tenancy which was granted (whether before, on or after the commencement of this Act) so as to begin on or after—\n(a) the date on which the previous contractual assured tenancy came to an end, or\n(b) a date on which, apart from any provision of this Part, the periodic tenancy could have been brought to an end by the landlord by notice to quit,\nthe reversionary tenancy shall have effect as if it had been granted subject to the periodic tenancy.\n(4) The reference in subsection (3) above to the previous contractual assured tenancy applies only where the periodic tenancy referred to in that subsection is a statutory periodic tenancy and is a reference to the fixed-term tenancy which immediately preceded the statutory periodic tenancy.\n\n19 Restriction on levy of distress for rent.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nchapter II Assured Shorthold Tenancies\n\n19A Assured shorthold tenancies: post-Housing Act 1996 tenancies.\nAn assured tenancy which—\n(a) is entered into on or after the day on which section 96 of the Housing Act 1996 comes into force (otherwise than pursuant to a contract made before that day), or\n(b) comes into being by virtue of section 5 above on the coming to an end of an assured tenancy within paragraph (a) above,\nis an assured shorthold tenancy unless it falls within any paragraph in Schedule 2A to this Act.\n\n20 Assured shorthold tenancies: pre-Housing Act 1996 tenancies.\n(1) Subject to subsection (3) below, an assured tenancy which is not one to which section 19A above applies is an assured shorthold tenancy if—\n(a) it is a fixed term tenancy granted for a term certain of not less than six months,\n(b) there is no power for the landlord to determine the tenancy at any time earlier than six months from the beginning of the tenancy; and\n(c) a notice in respect of it is served as mentioned in subsection (2) below.\n(2) The notice referred to in subsection (1)(c) above is one which—\n(a) is in such form as may be prescribed;\n(b) is served before the assured tenancy is entered into;\n(c) is served by the person who is to be the landlord under the assured tenancy on the person who is to be the tenant under that tenancy; and\n(d) states that the assured tenancy to which it relates is to be a shorthold tenancy.\n(3) Notwithstanding anything in subsection (1) above, where—\n(a) immediately before a tenancy (in this subsection referred to as “the new tenancy”) is granted, the person to whom it is granted or, as the case may be, at least one of the persons to whom it is granted was a tenant under an assured tenancy which was not a shorthold tenancy, and\n(b) the new tenancy is granted by the person who, immediately before the beginning of the tenancy, was the landlord under the assured tenancy referred to in paragraph (a) above,\nthe new tenancy cannot be an assured shorthold tenancy.\n(4) Subject to subsection (5) below, if, on the coming to an end of an assured shorthold tenancy (including a tenancy which was an assured shorthold but ceased to be assured before it came to an end), a new tenancy of the same or substantially the same premises comes into being under which the landlord and the tenant are the same as at the coming to an end of the earlier tenancy, then, if and so long as the new tenancy is an assured tenancy, it shall be an assured shorthold tenancy, whether or not it fulfils the conditions in paragraphs (a) to (c) of subsection (1) above.\n(5) Subsection (4) above does not apply if, before the new tenancy is entered into (or, in the case of a statutory periodic tenancy, takes effect in possession), the landlord serves notice on the tenant that the new tenancy is not to be a shorthold tenancy.\n(5A) Subsections (3) and (4) above do not apply where the new tenancy is one to which section 19A above applies\n(6) In the case of joint landlords—\n(a) the reference in subsection (2)(c) above to the person who is to be the landlord is a reference to at least one of the persons who are to be joint landlords; and\n(b) the reference in subsection (5) above to the landlord is a reference to at least one of the joint landlords.\n(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n20A Post-Housing Act 1996 tenancies: duty of landlord to provide statement as to terms of tenancy.\n(1) Subject to subsection (3) below, a tenant under an assured shorthold tenancy to which section 19A above applies may, by notice in writing, require the landlord under that tenancy to provide him with a written statement of any term of the tenancy which—\n(a) falls within subsection (2) below, and\n(b) is not evidenced in writing.\n(2) The following terms of a tenancy fall within this subsection, namely—\n(a) the date on which the tenancy began or, if it is a statutory periodic tenancy or a tenancy to which section 39(7) below applies, the date on which the tenancy came into being,\n(b) the rent payable under the tenancy and the dates on which that rent is payable,\n(c) any term providing for a review of the rent payable under the tenancy, and\n(d) in the case of a fixed term tenancy, the length of the fixed term.\n(3) No notice may be given under subsection (1) above in relation to a term of the tenancy if—\n(a) the landlord under the tenancy has provided a statement of that term in response to an earlier notice under that subsection given by the tenant under the tenancy, and\n(b) the term has not been varied since the provision of the statement referred to in paragraph (a) above.\n(4) A landlord who fails, without reasonable excuse, to comply with a notice under subsection (1) above within the period of 28 days beginning with the date on which he received the notice is liable on summary conviction to a fine not exceeding level 4 on the standard scale.\n(5) A statement provided for the purposes of subsection (1) above shall not be regarded as conclusive evidence of what was agreed by the parties to the tenancy in question.\n(6) Where—\n(a) a term of a statutory periodic tenancy is one which has effect by virtue of section 5(3)(e) above, or\n(b) a term of a tenancy to which subsection (7) of section 39 below applies is one which has effect by virtue of subsection (6)(e) of that section,\nsubsection (1) above shall have effect in relation to it as if paragraph (b) related to the term of the tenancy from which it derives.\n(7) In subsections (1) and (3) above—\n(a) references to the tenant under the tenancy shall, in the case of joint tenants, be taken to be references to any of the tenants, and\n(b) references to the landlord under the tenancy shall, in the case of joint landlords, be taken to be references to any of the landlords.\n\n20BDemoted assured shorthold tenancies\n(1) An assured tenancy is an assured shorthold tenancy to which this section applies (a demoted assured shorthold tenancy) if—\n(a) the tenancy is created by virtue of an order of the court under section 82A of the Housing Act 1985 or section 6A of this Act (a demotion order), and\n(b) the landlord is a private registered provider of social housing or a registered social landlord.\n(2) At the end of the period of one year starting with the day when the demotion order takes effect a demoted assured shorthold tenancy ceases to be an assured shorthold tenancy unless subsection (3) applies, but see section 20C.\n(3) This subsection applies if before the end of the period mentioned in subsection (2) the landlord gives notice of proceedings for possession of the dwelling house.\n(4) If subsection (3) applies the tenancy continues to be a demoted assured shorthold tenancy until the end of the period mentioned in subsection (2) or (if later) until one of the following occurs—\n(a) the notice of proceedings for possession is withdrawn;\n(b) the proceedings are determined in favour of the tenant;\n(c) the period of six months beginning with the date on which the notice is given ends and no proceedings for possession have been brought.\n(5) Registered social landlord has the same meaning as in Part 1 of the Housing Act 1996.\n\n20CAssured shorthold tenancies following demoted tenancies\n(1) Subsection (2) applies if—\n(a) section 20B applies to an assured shorthold tenancy of a dwelling-house in England (“the demoted tenancy”),\n(b) the landlord is a private registered provider of social housing,\n(c) the demoted tenancy was created by an order under section 6A made after the coming into force of section 163(2) of the Localism Act 2011,\n(d) the assured tenancy that was terminated by that order was an assured shorthold tenancy that, whether or not it was a fixed term tenancy when terminated by the order, was granted for a term certain of not less than two years,\n(e) apart from subsection (2), the demoted tenancy would cease to be an assured shorthold tenancy by virtue of section 20B(2) or (4), and\n(f) the landlord has served a notice within subsection (3) on the tenant before the demoted tenancy ceases to be an assured shorthold tenancy by virtue of section 20B(2) or (4).\n(2) The demoted tenancy does not cease to be an assured shorthold tenancy by virtue of section 20B(2) or (4), and at the time when it would otherwise cease to be an assured shorthold tenancy by virtue of section 20B(2) to (4)—\n(a) it becomes an assured shorthold tenancy which is a fixed term tenancy for a term certain, and\n(b) section 20B ceases to apply to it.\n(3) The notice must—\n(a) state that, on ceasing to be a demoted assured shorthold tenancy, the tenancy will become an assured shorthold tenancy which is a fixed term tenancy for a term certain of the length specified in the notice,\n(b) specify a period of at least two years as the length of the term of the tenancy, and\n(c) set out the other express terms of the tenancy.\n(4) Where an assured shorthold tenancy becomes a fixed term tenancy by virtue of subsection (2)—\n(a) the length of its term is that specified in the notice under subsection (3), and\n(b) its other express terms are those set out in the notice.\n\n20DAssured shorthold tenancies following family intervention tenancies\n(1) An assured tenancy that arises by virtue of a notice under paragraph 12ZA(2) of Schedule 1 in respect of a family intervention tenancy is an assured shorthold tenancy if—\n(a) the landlord under the assured tenancy is a private registered provider of social housing,\n(b) the dwelling-house is in England,\n(c) the family intervention tenancy was granted to a person on the coming to an end of an assured shorthold tenancy under which the person was a tenant, and\n(d) the notice states that the family intervention tenancy is to be regarded as an assured shorthold tenancy.\n(2) This section does not apply if the family intervention tenancy was granted before the coming into force of section 163(3) of the Localism Act 2011.\n\n21 Recovery of possession on expiry or termination of assured shorthold tenancy.\n(1) Without prejudice to any right of the landlord under an assured shorthold tenancy to recover possession of the dwelling-house let on the tenancy in accordance with Chapter I above, on or after the coming to an end of an assured shorthold tenancy which was a fixed term tenancy, a court shall make an order for possession of the dwelling-house if it is satisfied—\n(a) that the assured shorthold tenancy has come to an end and no further assured tenancy (whether shorthold or not) is for the time being in existence, other than an assured shorthold periodic tenancy (whether statutory or not); and\n(b) the landlord or, in the case of joint landlords, at least one of them has given to the tenant not less than two months’ notice in writing stating that he requires possession of the dwelling-house.\n(1A) Subsection (1B) applies to an assured shorthold tenancy of a dwelling-house in England if—\n(a) it is a fixed term tenancy for a term certain of not less than two years, and\n(b) the landlord is a private registered provider of social housing.\n(1B) The court may not make an order for possession of the dwelling-house let on the tenancy unless the landlord has given to the tenant not less than six months' notice in writing—\n(a) stating that the landlord does not propose to grant another tenancy on the expiry of the fixed term tenancy, and\n(b) informing the tenant of how to obtain help or advice about the notice and, in particular, of any obligation of the landlord to provide help or advice.\n(2) A notice under paragraph (b) of subsection (1) above may be given before or on the day on which the tenancy comes to an end; and that subsection shall have effect notwithstanding that on the coming to an end of the fixed term tenancy a statutory periodic tenancy arises.\n(3) Where a court makes an order for possession of a dwelling-house by virtue of subsection (1) above, any statutory periodic tenancy which has arisen on the coming to an end of the assured shorthold tenancy shall end (without further notice and regardless of the period) in accordance with section 5(1A).\n(4) Without prejudice to any such right as is referred to in subsection (1) above, a court shall make an order for possession of a dwelling-house let on an assured shorthold tenancy which is a periodic tenancy if the court is satisfied—\n(a) that the landlord or, in the case of joint landlords, at least one of them has given to the tenant a notice in writing stating that, after a date specified in the notice, being the last day of a period of the tenancy and not earlier than two months after the date the notice was given, possession of the dwelling-house is required by virtue of this section; and\n(b) that the date specified in the notice under paragraph (a) above is not earlier than the earliest day on which, apart from section 5(1) above, the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the notice under paragraph (a) above.\n(4ZA) In the case of a dwelling-house in England, subsection (4)(a) above has effect with the omission of the requirement for the date specified in the notice to be the last day of a period of the tenancy.\n(4A) Where a court makes an order for possession of a dwelling-house by virtue of subsection (4) above, the assured shorthold tenancy shall end in accordance with section 5(1A).\n(4B) A notice under subsection (1) or (4) may not be given in relation to an assured shorthold tenancy of a dwelling-house in England—\n(a) in the case of a tenancy which is not a replacement tenancy, within the period of four months beginning with the day on which the tenancy began, and\n(b) in the case of a replacement tenancy, within the period of four months beginning with the day on which the original tenancy began.\n(4C) Subsection (4B) does not apply where the tenancy has arisen due to section 5(2).\n(4D) Subject to subsection (4E), proceedings for an order for possession under this section in relation to a dwelling-house in England may not be begun after the end of the period of six months beginning with the date on which the notice was given under subsection (1) or (4).\n(4E) Where—\n(a) a notice under subsection (4) has been given in relation to a dwelling-house in England, and\n(b) paragraph (b) of that subsection requires the date specified in the notice to be more than two months after the date the notice was given,\nproceedings for an order for possession under this section may not be begun after the end of the period of four months beginning with the date specified in the notice.\n(5) Where an order for possession under subsection (1) or (4) above is made in relation to a dwelling-house let on a tenancy to which section 19A above applies, the order may not be made so as to take effect earlier than—\n(a) in the case of a tenancy which is not a replacement tenancy, six months after the beginning of the tenancy, and\n(b) in the case of a replacement tenancy, six months after the beginning of the original tenancy.\n(5A) Subsection (5) above does not apply to an assured shorthold tenancy to which section 20B (demoted assured shorthold tenancies) applies.\n(6) In subsections (4B)(b) and (5)(b) above, the reference to the original tenancy is—\n(a) where the replacement tenancy came into being on the coming to an end of a tenancy which was not a replacement tenancy, to the immediately preceding tenancy, and\n(b) where there have been successive replacement tenancies, to the tenancy immediately preceding the first in the succession of replacement tenancies.\n(7) For the purposes of this section, a replacement tenancy is a tenancy—\n(a) which comes into being on the coming to an end of an assured shorthold tenancy, and\n(b) under which, on its coming into being—\n(i) the landlord and tenant are the same as under the earlier tenancy as at its coming to an end, and\n(ii) the premises let are the same or substantially the same as those let under the earlier tenancy as at that time.\n(8) The Secretary of State may by regulations made by statutory instrument prescribe the form of a notice under subsection (1) or (4) given in relation to an assured shorthold tenancy of a dwelling-house in England.\n(9) A statutory instrument containing regulations made under subsection (8) is subject to annulment in pursuance of a resolution of either House of Parliament.\n\n21ACompliance with prescribed legal requirements\n(1) A notice under subsection (1) or (4) of section 21 may not be given in relation to an assured shorthold tenancy of a dwelling-house in England at a time when the landlord is in breach of a prescribed requirement.\n(2) The requirements that may be prescribed are requirements imposed on landlords by any enactment and which relate to—\n(a) the condition of dwelling-houses or their common parts,\n(b) the health and safety of occupiers of dwelling-houses, or\n(c) the energy performance of dwelling-houses.\n(3) In subsection (2) “ enactment ” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978.\n(4) For the purposes of subsection (2)(a) “ common parts ” has the same meaning as in Ground 13 in Part 2 of Schedule 2.\n(5) A statutory instrument containing regulations made under this section is subject to annulment in pursuance of a resolution of either House of Parliament.\n\n21BRequirement for landlord to provide prescribed information\n(1) The Secretary of State may by regulations require information about the rights and responsibilities of a landlord and a tenant under an assured shorthold tenancy of a dwelling-house in England (or any related matters) to be given by a landlord under such a tenancy, or a person acting on behalf of such a landlord, to the tenant under such a tenancy.\n(2) Regulations under subsection (1) may—\n(a) require the information to be given in the form of a document produced by the Secretary of State or another person,\n(b) provide that the document to be given is the version that has effect at the time the requirement applies, and\n(c) specify cases where the requirement does not apply.\n(3) A notice under subsection (1) or (4) of section 21 may not be given in relation to an assured shorthold tenancy of a dwelling-house in England at a time when the landlord is in breach of a requirement imposed by regulations under subsection (1).\n(4) A statutory instrument containing regulations made under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.\n\n21CRepayment of rent where tenancy ends before end of a period\n(1) A tenant under an assured shorthold tenancy of a dwelling-house in England is entitled to a repayment of rent from the landlord where—\n(a) as a result of the service of a notice under section 21 the tenancy is brought to an end before the end of a period of the tenancy,\n(b) the tenant has paid rent in advance for that period, and\n(c) the tenant was not in occupation of the dwelling-house for one or more whole days of that period.\n(2) The amount of repayment to which a tenant is entitled under subsection (1) is to be calculated in accordance with the following formula—\nwhere—\nR is the rent paid for the final period;\nD is the number of whole days of the final period for which the tenant was not in occupation of the dwelling-house; and\nP is the number of whole days in that period.\n(3) If the repayment of rent described in subsections (1) and (2) has not been made when the court makes an order for possession under section 21, the court must order the landlord to repay the amount of rent to which the tenant is entitled.\n(4) Nothing in this section affects any other right of the tenant to a repayment of rent from the landlord.\n\n22 Reference of excessive rents to appropriate tribunal.\n(1) Subject to section 23 and subsection (2) below, the tenant under an assured shorthold tenancy . . . may make an application in the prescribed form to the appropriate tribunal for a determination of the rent which, in the appropriate tribunal’s opinion, the landlord might reasonably be expected to obtain under the assured shorthold tenancy.\n(2) No application may be made under this section if—\n(a) the rent payable under the tenancy is a rent previously determined under this section; . . .\n(aa) the tenancy is one to which section 19A above applies and more than six months have elapsed since the beginning of the tenancy or, in the case of a replacement tenancy, since the beginning of the original tenancy; or\n(b) the tenancy is an assured shorthold tenancy falling within subsection (4) of section 20 above (and, accordingly, is one in respect of which notice need not have been served as mentioned in subsection (2) of that section).\n(3) Where an application is made to the appropriate tribunal under subsection (1) above with respect to the rent under an assured shorthold tenancy, the appropriate tribunal shall not make such a determination as is referred to in that subsection unless they consider—\n(a) that there is a sufficient number of similar dwelling-houses in the locality let on assured tenancies (whether shorthold or not); and\n(b) that the rent payable under the assured shorthold tenancy in question is significantly higher than the rent which the landlord might reasonably be expected to be able to obtain under the tenancy, having regard to the level of rents payable under the tenancies referred to in paragraph (a) above.\n(4) Where, on an application under this section, the appropriate tribunal make a determination of a rent for an assured shorthold tenancy—\n(a) the determination shall have effect from such date as the appropriate tribunal may direct, not being earlier than the date of the application;\n(b) if, at any time on or after the determination takes effect, the rent which, apart from this paragraph, would be payable under the tenancy exceeds the rent so determined, the excess shall be irrecoverable from the tenant; and\n(c) no notice may be served under section 13(2) above with respect to a tenancy of the dwelling-house in question until after the first anniversary of the date on which the determination takes effect.\n(5) Subsections (4), (5) and (8) of section 14 above apply in relation to a determination of rent under this section as they apply in relation to a determination under that section and, accordingly, where subsection (5) of that section applies, any reference in subsection (4)(b) above to rent is a reference to rent exclusive of the amount attributable to rates.\n(5A) Where—\n(a) an assured tenancy ceases to be an assured shorthold tenancy by virtue of falling within paragraph 2 of Schedule 2A to this Act, and\n(b) at the time when it so ceases to be an assured shorthold tenancy there is pending before the appropriate tribunal an application in relation to it under this section,\nthe fact that it so ceases to be an assured shorthold tenancy shall, in relation to that application, be disregarded for the purposes of this section.\n(6) In subsection (2)(aa) above, the references to the original tenancy and to a replacement tenancy shall be construed in accordance with subsections (6) and (7) respectively of section 21 above.\n\n23 Termination of tribunal’s functions.\n(1) If the Secretary of State by order made by statutory instrument so provides, section 22 above shall not apply in such cases or to tenancies of dwelling-houses in such areas or in such other circumstances as may be specified in the order.\n(2) An order under this section may contain such transitional, incidental and supplementary provisions as appear to the Secretary of State to be desirable.\n(3) No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.\n\nchapter III Assured Agricultural Occupancies\n\n24 Assured agricultural occupancies.\n(1) A tenancy or licence of a dwelling-house is for the purposes of this Part of this Act an “assured agricultural occupancy” if—\n(a) it is of a description specified in subsection (2) below; and\n(b) by virtue of any provision of Schedule 3 to this Act the agricultural worker condition is for the time being fulfilled with respect to the dwelling-house subject to the tenancy or licence.\n(2) The following are the tenancies and licences referred to in subsection (1)(a) above—\n(a) an assured tenancy which is not an assured shorthold tenancy;\n(b) a tenancy which does not fall within paragraph (a) above by reason only of paragraph 3 , 3A, 3B or paragraph 7 of Schedule 1 to this Act (or more than one of those paragraphs) and is not an excepted tenancy; and\n(c) a licence under which a person has the exclusive occupation of a dwelling-house as a separate dwelling and which, if it conferred a sufficient interest in land to be a tenancy, would be a tenancy falling within paragraph (a) or paragraph (b) above.\n(2A) For the purposes of subsection (2)(b) above, a tenancy is an excepted tenancy if it is—\n(a) a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 in relation to which that Act applies, or\n(b) a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995\n(3) For the purposes of Chapter I above and the following provisions of this Chapter, every assured agricultural occupancy which is not an assured tenancy shall be treated as if it were such a tenancy and any reference to a tenant, a landlord or any other expression appropriate to a tenancy shall be construed accordingly; but the provisions of Chapter I above shall have effect in relation to every assured agricultural occupancy subject to the provisions of this Chapter.\n(4) Section 14 above shall apply in relation to an assured agricultural occupancy as if in subsection (1) of that section the reference to an assured tenancy were a reference to an assured agricultural occupancy.\n\n25 Security of tenure.\n(1) If a statutory periodic tenancy arises on the coming to an end of an assured agricultural occupancy—\n(a) it shall be an assured agricultural occupancy as long as, by virtue of any provision of Schedule 3 to this Act, the agricultural worker condition is for the time being fulfilled with respect to the dwelling-house in question; and\n(b) if no rent was payable under the assured agricultural occupancy which constitutes the fixed term tenancy referred to in subsection (2) of section 5 above, subsection (3)(d) of that section shall apply as if for the words “the same as those for which rent was last payable under” there were substituted “monthly beginning on the day following the coming to an end of”.\n(2) In its application to an assured agricultural occupancy, Part II of Schedule 2 to this Act shall have effect with the omission of Ground 16.\n(3) In its application to an assured agricultural occupancy, Part III of Schedule 2 to this Act shall have effect as if any reference in paragraph 2 to an assured tenancy included a reference to an assured agricultural occupancy.\n(4) If the tenant under an assured agricultural occupancy gives notice to terminate his employment then, notwithstanding anything in any agreement or otherwise, that notice shall not constitute a notice to quit as respects the assured agricultural occupancy.\n(5) Nothing in subsection (4) above affects the operation of an actual notice to quit given in respect of an assured agricultural occupancy.\n\n26 Rehousing of agricultural workers etc.\nIn section 27 of the Rent (Agriculture) Act 1976 (rehousing: applications to housing authority)—\n(a) in subsection (1)(a) after “statutory tenancy” there shall be inserted “ “or an assured agricultural occupancy ”; and\n(b) at the end of subsection (3) there shall be added “ “and assured agricultural occupancy has the same meaning as in Chapter III of Part I of the Housing Act 1988 ”.\n\nchapter IV Protection from Eviction\n\n27 Damages for unlawful eviction.\n(1) This section applies if, at any time after 9th June 1988, a landlord (in this section referred to as “the landlord in default”) or any person acting on behalf of the landlord in default unlawfully deprives the residential occupier of any premises of his occupation of the whole or part of the premises.\n(2) This section also applies if, at any time after 9th June 1988, a landlord (in this section referred to as “the landlord in default”) or any person acting on behalf of the landlord in default—\n(a) attempts unlawfully to deprive the residential occupier of any premises of his occupation of the whole or part of the premises, or\n(b) knowing or having reasonable cause to believe that the conduct is likely to cause the residential occupier of any premises—\n(i) to give up his occupation of the premises or any part thereof, or\n(ii) to refrain from exercising any right or pursuing any remedy in respect of the premises or any part thereof,\ndoes acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or persistently withdraws or withholds services reasonably required for the occupation of the premises as a residence,\nand, as a result, the residential occupier gives up his occupation of the premises as a residence.\n(3) Subject to the following provisions of this section, where this section applies, the landlord in default shall, by virtue of this section, be liable to pay to the former residential occupier, in respect of his loss of the right to occupy the premises in question as his residence, damages assessed on the basis set out in section 28 below.\n(4) Any liability arising by virtue of subsection (3) above—\n(a) shall be in the nature of a liability in tort; and\n(b) subject to subsection (5) below, shall be in addition to any liability arising apart from this section (whether in tort, contract or otherwise).\n(5) Nothing in this section affects the right of a residential occupier to enforce any liability which arises apart from this section in respect of his loss of the right to occupy premises as his residence; but damages shall not be awarded both in respect of such a liability and in respect of a liability arising by virtue of this section on account of the same loss.\n(6) No liability shall arise by virtue of subsection (3) above if—\n(a) before the date on which proceedings to enforce the liability are finally disposed of, the former residential occupier is reinstated in the premises in question in such circumstances that he becomes again the residential occupier of them; or\n(b) at the request of the former residential occupier, a court makes an order (whether in the nature of an injunction or otherwise) as a result of which he is reinstated as mentioned in paragraph (a) above;\nand, for the purposes of paragraph (a) above, proceedings to enforce a liability are finally disposed of on the earliest date by which the proceedings (including any proceedings on or in consequence of an appeal) have been determined and any time for appealing or further appealing has expired, except that if any appeal is abandoned, the proceedings shall be taken to be disposed of on the date of the abandonment.\n(7) If, in proceedings to enforce a liability arising by virtue of subsection (3) above, it appears to the court—\n(a) that, prior to the event which gave rise to the liability, the conduct of the former residential occupier or any person living with him in the premises concerned was such that it is reasonable to mitigate the damages for which the landlord in default would otherwise be liable, or\n(b) that, before the proceedings were begun, the landlord in default offered to reinstate the former residential occupier in the premises in question and either it was unreasonable of the former residential occupier to refuse that offer or, if he had obtained alternative accommodation before the offer was made, it would have been unreasonable of him to refuse that offer if he had not obtained that accommodation,\nthe court may reduce the amount of damages which would otherwise be payable to such amount as it thinks appropriate.\n(8) In proceedings to enforce a liability arising by virtue of subsection (3) above, it shall be a defence for the defendant to prove that he believed, and had reasonable cause to believe—\n(a) that the residential occupier had ceased to reside in the premises in question at the time when he was deprived of occupation as mentioned in subsection (1) above or, as the case may be, when the attempt was made or the acts were done as a result of which he gave up his occupation of those premises; or\n(b) that, where the liability would otherwise arise by virtue only of the doing of acts or the withdrawal or withholding of services, he had reasonable grounds for doing the acts or withdrawing or withholding the services in question.\n(9) In this section—\n(a) “residential occupier”, in relation to any premises, has the same meaning as in section 1 of the 1977 Act;\n(b) “the right to occupy”, in relation to a residential occupier, includes any restriction on the right of another person to recover possession of the premises in question;\n(c) “landlord”, in relation to a residential occupier, means the person who, but for the occupier’s right to occupy, would be entitled to occupation of the premises and any superior landlord under whom that person derives title;\n(d) “former residential occupier”, in relation to any premises, means the person who was the residential occupier until he was deprived of or gave up his occupation as mentioned in subsection (1) or subsection (2) above (and, in relation to a former residential occupier, “the right to occupy” and “landlord” shall be construed accordingly).\n\n28 The measure of damages.\n(1) The basis for the assessment of damages referred to in section 27(3) above is the difference in value, determined as at the time immediately before the residential occupier ceased to occupy the premises in question as his residence, between—\n(a) the value of the interest of the landlord in default determined on the assumption that the residential occupier continues to have the same right to occupy the premises as before that time; and\n(b) the value of that interest determined on the assumption that the residential occupier has ceased to have that right.\n(2) In relation to any premises, any reference in this section to the interest of the landlord in default is a reference to his interest in the building in which the premises in question are comprised (whether or not that building contains any other premises) together with its curtilage.\n(3) For the purposes of the valuations referred to in subsection (1) above, it shall be assumed—\n(a) that the landlord in default is selling his interest on the open market to a willing buyer;\n(b) that neither the residential occupier nor any member of his family wishes to buy; and\n(c) that it is unlawful to carry out any substantial development of any of the land in which the landlord’s interest subsists or to demolish the whole or part of any building on that land.\n(4) In this section “the landlord in default” has the same meaning as in section 27 above and subsection (9) of that section applies in relation to this section as it applies in relation to that.\n(5) Section 113 of the Housing Act 1985 (meaning of “members of a person’s family”) applies for the purposes of subsection (3)(b) above.\n(6) The reference in subsection (3)(c) above to substantial development of any of the land in which the landlord’s interest subsists is a reference to any development other than—\n(a) development for which planning permission is granted by a general development order for the time being in force and which is carried out so as to comply with any condition or limitation subject to which planning permission is so granted; or\n(b) a change of use resulting in the building referred to in subsection (2) above or any part of it being used as, or as part of, one or more dwelling-houses;\nand in this subsection “general development order”has the meaning given in section 56(6) of the Town and Country Planning Act 1990 and other expressions have the same meaning as in that Act.\n\n29 Offences of harassment.\n(1) In section 1 of the 1977 Act (unlawful eviction and harassment of occupier), with respect to acts done after the commencement of this Act, subsection (3) shall have effect with the substitution, for the word “calculated”, of the word “likely”.\n(2) After that subsection there shall be inserted the following subsections—\n“(3A)Subject to subsection (3B) below, the landlord of a residential occupier or an agent of the landlord shall be guilty of an offence if—\n(a) he does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or\n(b) he persistently withdraws or withholds services reasonably required for the occupation of the premises in question as a residence,\nand (in either case) he knows, or has reasonable cause to believe, that that conduct is likely to cause the residential occupier to give up the occupation of the whole or part of the premises or to refrain from exercising any right or pursuing any remedy in respect of the whole or part of the premises.\n(3B) A person shall not be guilty of an offence under subsection (3A) above if he proves that he had reasonable grounds for doing the acts or withdrawing or withholding the services in question.\n(3C) In subsection (3A) above “landlord”, in relation to a residential occupier of any premises, means the person who, but for—\n(a) the residential occupier’s right to remain in occupation of the premises, or\n(b) a restriction on the person’s right to recover possession of the premises,\nwould be entitled to occupation of the premises and any superior landlord under whom that person derives title.”\n\n30 Variation of scope of 1977 ss. 3 and 4.\n(1) In section 3 of the 1977 Act (prohibition of eviction without due process of law), in subsection (1) for the words “not a statutorily protected tenancy” there shall be substituted “neither a statutorily protected tenancy nor an excluded tenancy”.\n(2) After subsection (2A) of that section there shall be inserted the following subsections—\n“(2B)Subsections (1) and (2) above apply in relation to any premises occupied as a dwelling under a licence, other than an excluded licence, as they apply in relation to premises let as a dwelling under a tenancy, and in those subsections the expressions “let” and “tenancy” shall be construed accordingly.\n(2C) References in the preceding provisions of this section and section 4(2A) below to an excluded tenancy do not apply to—\n(a) a tenancy entered into before the date on which the Housing Act 1988 came into force, or\n(b) a tenancy entered into on or after that date but pursuant to a contract made before that date,but, subject to that, “excluded tenancy” and “excluded licence” shall be construed in accordance with section 3A below.”\n(3) In section 4 of the 1977 Act (special provisions for agricultural employees) after subsection (2) there shall be inserted the following subsection—\n“(2A)In accordance with section 3(2B) above, any reference in subsections (1) and (2) above to the tenant under the former tenancy includes a reference to the licensee under a licence (other than an excluded licence) which has come to an end (being a licence to occupy premises as a dwelling); and in the following provisions of this section the expressions “tenancy” and “rent” and any other expressions referable to a tenancy shall be construed accordingly.”\n\n31 Excluded tenancies and licences.\nAfter section 3 of the 1977 Act there shall be inserted the following section—\n\n“3A Excluded tenancies and licences.\n(1) Any reference in this Act to an excluded tenancy or an excluded licence is a reference to a tenancy or licence which is excluded by virtue of any of the following provisions of this section.\n(2) A tenancy or licence is excluded if—\n(a) under its terms the occupier shares any accommodation with the landlord or licensor; and\n(b) immediately before the tenancy or licence was granted and also at the time it comes to an end, the landlord or licensor occupied as his only or principal home premises of which the whole or part of the shared accommodation formed part.\n(3) A tenancy or licence is also excluded if—\n(a) under its terms the occupier shares any accommodation with a member of the family of the landlord or licensor;\n(b) immediately before the tenancy or licence was granted and also at the time it comes to an end, the member of the family of the landlord or licensor occupied as his only or principal home premises of which the whole or part of the shared accommodation formed part; and\n(c) immediately before the tenancy or licence was granted and also at the time it comes to an end, the landlord or licensor occupied as his only or principal home premises in the same building as the shared accommodation and that building is not a purpose-built block of flats.\n(4) For the purposes of subsections (2) and (3) above, an occupier shares accommodation with another person if he has the use of it in common with that person (whether or not also in common with others) and any reference in those subsections to shared accommodation shall be construed accordingly, and if, in relation to any tenancy or licence, there is at any time more than one person who is the landlord or licensor, any reference in those subsections to the landlord or licensor shall be construed as a reference to any one of those persons.\n(5) In subsections (2) to (4) above—\n(a) “accommodation” includes neither an area used for storage nor a staircase, passage, corridor or other means of access;\n(b) “occupier” means, in relation to a tenancy, the tenant and, in relation to a licence, the licensee; and\n(c) “purpose-built block of flats” has the same meaning as in Part III of Schedule 1 to the Housing Act 1988;\nand section 113 of the Housing Act 1985 shall apply to determine whether a person is for the purposes of subsection (3) above a member of another’s family as it applies for the purposes of Part IV of that Act.\n(6) A tenancy or licence is excluded if it was granted as a temporary expedient to a person who entered the premises in question or any other premises as a trespasser (whether or not, before the beginning of that tenancy or licence, another tenancy or licence to occupy the premises or any other premises had been granted to him).\n(7) A tenancy or licence is excluded if—\n(a) it confers on the tenant or licensee the right to occupy the premises for a holiday only; or\n(b) it is granted otherwise than for money or money’s worth.\n(8) A licence is excluded if it confers rights of occupation in a hostel, within the meaning of the Housing Act 1985, which is provided by—\n(a) the council of a county, district or London Borough, the Common Council of the City of London, the Council of the Isles of Scilly, the Inner London Education Authority, a joint authority within the meaning of the Local Government Act 1985 or a residuary body within the meaning of that Act;\n(b) a development corporation within the meaning of the New Towns Act 1981;\n(c) the Commission for the New Towns;\n(d) an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980;\n(e) a housing action trust established under Part III of the Housing Act 1988;\n(f) the Development Board for Rural Wales;\n(g) the Housing Corporation or Housing for Wales;\n(h) a housing trust which is a charity or a registered housing association, within the meaning of the Housing Associations Act 1985; or\n(i) any other person who is, or who belongs to a class of person which is, specified in an order made by the Secretary of State.\n(9) The power to make an order under subsection (8)(i) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”\n\n32 Notice to quit etc.\n(1) In section 5 of the 1977 Act (validity of notices to quit) at the beginning of subsection (1) there shall be inserted the words “Subject to subsection (1B) below”.\n(2) After subsection (1) of that section there shall be inserted the following subsections—\n“(1A)Subject to subsection (1B) below, no notice by a licensor or a licensee to determine a periodic licence to occupy premises as a dwelling (whether the licence was granted before or after the passing of this Act) shall be valid unless—\n(a) it is in writing and contains such information as may be prescribed, and\n(b) it is given not less than 4 weeks before the date on which it is to take effect.\n(1B) Nothing in subsection (1) or subsection (1A) above applies to—\n(a) premises let on an excluded tenancy which is entered into on or after the date on which the Housing Act 1988 came into force unless it is entered into pursuant to a contract made before that date; or\n(b) premises occupied under an excluded licence.”\n\n33 Interpretation of Chapter IV and the 1977 Act.\n(1) In this Chapter “the 1977 Act” means the Protection from Eviction Act 1977.\n(2) In section 8 of the 1977 Act (interpretation) at the end of subsection (1) (statutory protected tenancy) there shall be inserted—\n“(e)an assured tenancy or assured agricultural occupancy under Part I of the Housing Act 1988.”\n(3) At the end of that section there shall be added the following subsections—\n“(4)In this Act “excluded tenancy” and “excluded licence” have the meaning assigned by section 3A of this Act.\n(5) If, on or after the date on which the Housing Act 1988 came into force, the terms of an excluded tenancy or excluded licence entered into before that date are varied, then—\n(a) if the variation affects the amount of the rent which is payable under the tenancy or licence, the tenancy or licence shall be treated for the purposes of sections 3(2C) and 5(1B) above as a new tenancy or licence entered into at the time of the variation; and\n(b) if the variation does not affect the amount of the rent which is so payable, nothing in this Act shall affect the determination of the question whether the variation is such as to give rise to a new tenancy or licence.\n(6) Any reference in subsection (5) above to a variation affecting the amount of the rent which is payable under a tenancy or licence does not include a reference to—\n(a) a reduction or increase effected under Part III or Part VI of the Rent Act 1977 (rents under regulated tenancies and housing association tenancies), section 78 of that Act (power of rent tribunal in relation to restricted contracts) or sections 11 to 14 of the Rent (Agriculture) Act 1976; or\n(b) a variation which is made by the parties and has the effect of making the rent expressed to be payable under the tenancy or licence the same as a rent for the dwelling which is entered in the register under Part IV or section 79 of the Rent Act 1977.”\n\nChapter V Phasing out of Rent Acts and other Transitional Provisions\n\n34 New protected tenancies and agricultural occupancies restricted to special cases.\n(1) A tenancy which is entered into on or after the commencement of this Act cannot be a protected tenancy, unless—\n(a) it is entered into in pursuance of a contract made before the commencement of this Act; or\n(b) it is granted to a person (alone or jointly with others) who, immediately before the tenancy was granted, was a protected or statutory tenant and is so granted by the person who at that time was the landlord (or one of the joint landlords) under the protected or statutory tenancy; or\n(c) it is granted to a person (alone or jointly with others) in the following circumstances—\n(i) prior to the grant of the tenancy, an order for possession of a dwelling-house was made against him (alone or jointly with others) on the court being satisfied as mentioned in section 98(1)(a) of, or Case 1 in Schedule 16 to, the Rent Act 1977 or Case 1 in Schedule 4 to the Rent (Agriculture) Act 1976 (suitable alternative accommodation available); and\n(ii) the tenancy is of the premises which constitute the suitable alternative accommodation as to which the court was so satisfied; and\n(iii) in the proceedings for possession the court considered that, in the circumstances, the grant of an assured tenancy would not afford the required security and, accordingly, directed that the tenancy would be a protected tenancy; or\n(d) it is a tenancy under which the interest of the landlord was at the time the tenancy was granted held by the Commission for the New Towns or a development corporation, within the meaning of section 80 of the Housing Act 1985, and, before the date which has effect by virtue of paragraph (a) or paragraph (b) of subsection (4) of section 38 below, ceased to be so held by virtue of a disposal by the Commission for the New Towns made pursuant to a direction under section 37 of the New Towns Act 1981\n(2) In subsection (1)(b) above “protected tenant” and “statutory tenant” do not include—\n(a) a tenant under a protected shorthold tenancy;\n(b) a protected or statutory tenant of a dwelling-house which was let under a protected shorthold tenancy which ended before the commencement of this Act and in respect of which at that commencement either there has been no grant of a further tenancy or any grant of a further tenancy has been to the person who, immediately before the grant, was in possession of the dwelling-house as a protected or statutory tenant;\nand in this subsection “protected shorthold tenancy” includes a tenancy which, in proceedings for possession under Case 19 in Schedule 15 to the Rent Act 1977, is treated as a protected shorthold tenancy.\n(3) In any case where—\n(a) by virtue of subsections (1) and (2) above, a tenancy entered into on or after the commencement of this Act is an assured tenancy, but\n(b) apart from subsection (2) above, the effect of subsection (1)(b) above would be that the tenancy would be a protected tenancy, and\n(c) the landlord and the tenant under the tenancy are the same as at the coming to an end of the protected or statutory tenancy which, apart from subsection (2) above, would fall within subsection (1)(b) above,\nthe tenancy shall be an assured shorthold tenancy (whether or not , in the case of a tenancy to which the provision applies, it fulfils the conditions in section 20(1) above) unless, before the tenancy is entered into, the landlord serves notice on the tenant that it is not to be a shorthold tenancy.\n(4) A licence or tenancy which is entered into on or after the commencement of this Act cannot be a relevant licence or relevant tenancy for the purposes of the Rent (Agriculture) Act 1976 (in this subsection referred to as “the 1976 Act”) unless—\n(a) it is entered into in pursuance of a contract made before the commencement of this Act; or\n(b) it is granted to a person (alone or jointly with others) who, immediately before the licence or tenancy was granted, was a protected occupier or statutory tenant, within the meaning of the 1976 Act, and is so granted by the person who at that time was the landlord or licensor (or one of the joint landlords or licensors) under the protected occupancy or statutory tenancy in question.\n(5) Except as provided in subsection (4) above, expressions used in this section have the same meaning as in the Rent Act 1977.\n\n35 Removal of special regimes for tenancies of housing associations etc.\n(1) In this section “housing association tenancy” has the same meaning as in Part VI of the Rent Act 1977.\n(2) A tenancy which is entered into on or after the commencement of this Act cannot be a housing association tenancy unless—\n(a) it is entered into in pursuance of a contract made before the commencement of this Act; or\n(b) it is granted to a person (alone or jointly with others) who, immediately before the tenancy was granted, was a tenant under a housing association tenancy and is so granted by the person who at that time was the landlord under that housing association tenancy; or\n(c) it is granted to a person (alone or jointly with others) in the following circumstances—\n(i) prior to the grant of the tenancy, an order for possession of a dwelling-house was made against him (alone or jointly with others) on the court being satisfied as mentioned in paragraph (b) or paragraph (c) of subsection (2) of section 84 of the Housing Act 1985; and\n(ii) the tenancy is of the premises which constitute the suitable accommodation as to which the court was so satisfied; and\n(iii) in the proceedings for possession the court directed that the tenancy would be a housing association tenancy; or\n(d) it is a tenancy under which the interest of the landlord was at the time the tenancy was granted held by the Commission for the New Towns or a development corporation, within the meaning of section 80 of the Housing Act 1985, and, before the date which has effect by virtue of paragraph (a) or paragraph (b) of subsection (4) of section 38 below, ceased to be so held by virtue of a disposal by the Commission for the New Towns made pursuant to a direction under section 37 of the New Towns Act 1981\n(3) Where, on or after the commencement of this Act, a private registered provider of social housing or a registered social lanlord, within the meaning of the Housing Act 1985 (see section 5(4) and (5) of the Act), grants a secure tenancy or a secure contract pursuant to an obligation under section 554(2A) of the Housing Act 1985 (as set out in Schedule 17 to this Act) then, in determining whether that tenancy is a housing association tenancy, it shall be assumed for the purposes only of section 86(2)(b) of the Rent Act 1977 (tenancy would be a protected tenancy but for section 15 or 16 of that Act) that the tenancy was granted before the commencement of this Act.\n(4) Subject to section 38(4A) below a tenancy or licence which is entered into on or after the commencement of this Act cannot be a secure tenancy unless—\n(a) the interest of the landlord belongs to a local authority, a development corporation or an urban development corporation, all within the meaning of section 80 of the Housing Act 1985 or a housing action trust established under Part III of this Act; or\n(aa) the interest of the landlord belongs to a Mayoral development corporation; or\n(b) the interest of the landlord belongs to a housing co-operative within the meaning of section 27B of the Housing Act 1985 (agreements between local housing authorities and housing co-operatives) and the tenancy or licence is of a dwelling-house comprised in a housing co-operative agreement falling within that section; or\n(ba) the interest of the landlord belongs to the Homes and Communities Agency, the Greater London Authority or the Welsh Ministers and the tenancy or licence falls within section 80(2A) to (2E) of the Housing Act 1985; or\n(c) it is entered into in pursuance of a contract made before the commencement of this Act; or\n(d) it is granted to a person (alone or jointly with others) who, immediately before it was entered into, was a secure tenant and is so granted by the body which at that time was the landlord or licensor under the secure tenancy; or\n(e) it is granted to a person (alone or jointly with others) in the following circumstances—\n(i) prior to the grant of the tenancy or licence, an order for possession of a dwelling-house was made against him (alone or jointly with others) on the court being satisfied as mentioned in paragraph (b) or paragraph (c) of subsection (2) of section 84 of the Housing Act 1985; and\n(ii) the tenancy or licence is of the premises which constitute the suitable accommodation as to which the court was so satisfied; and\n(iii) in the proceedings for possession the court considered that, in the circumstances, the grant of an assured tenancy would not afford the required security and, accordingly, directed that the tenancy or licence would be a secure tenancy; or\n(f) it is granted pursuant to an obligation under section 554(2A) of the Housing Act 1985 (as set out in Schedule 17 to this Act).\n(5) If, on or after the commencement of this Act, the interest of the landlord under a protected or statutory tenancy becomes held by a housing association, a housing trust or the Regulator of Social Housingor, where that interest becomes held by him as the result of the exercise by him of functions under Part III of the Housing Association Act 1985, the Secretary of State, nothing in the preceding provisions of this section shall prevent the tenancy from being a housing association tenancy or a secure tenancy and, accordingly, in such a case section 80 of the Housing Act 1985 (and any enactment which refers to that section) shall have effect without regard to the repeal of provisions of that section effected by this Act.\n(6) In subsection (5) above “housing association” and “housing trust” have the same meaning as in the Housing Act 1985.\n\n36 New restricted contracts limited to transitional cases.\n(1) A tenancy or other contract entered into after the commencement of this Act cannot be a restricted contract for the purposes of the Rent Act 1977 unless it is entered into in pursuance of a contract made before the commencement of this Act.\n(2) If the terms of a restricted contract are varied after this Act comes into force then, subject to subsection (3) below,—\n(a) if the variation affects the amount of the rent which, under the contract, is payable for the dwelling in question, the contract shall be treated as a new contract entered into at the time of the variation (and subsection (1) above shall have effect accordingly); and\n(b) if the variation does not affect the amount of the rent which, under the contract, is so payable, nothing in this section shall affect the determination of the question whether the variation is such as to give rise to a new contract.\n(3) Any reference in subsection (2) above to a variation affecting the amount of the rent which, under a contract, is payable for a dwelling does not include a reference to—\n(a) a reduction or increase effected under section 78 of the Rent Act 1977 (power of appropriate tribunal); or\n(b) a variation which is made by the parties and has the effect of making the rent expressed to be payable under the contract the same as the rent for the dwelling which is entered in the register under section 79 of the Rent Act 1977.\n(4) In subsection (1) of section 81A of the Rent Act 1977 (cancellation of registration of rent relating to a restricted contract) paragraph (a) (no cancellation until two years have elapsed since the date of the entry) shall cease to have effect.\n(5) In this section “rent” has the same meaning as in Part V of the Rent Act 1977.\n\n37 No further assured tenancies under Housing Act 1980.\n(1) A tenancy which is entered into on or after the commencement of this Act cannot be an assured tenancy for the purposes of sections 56 to 58 of the Housing Act 1980 (in this section referred to as a “1980 Act tenancy”).\n(2) In any case where—\n(a) before the commencement of this Act, a tenant under a 1980 Act tenancy made an application to the court under section 24 of the Landlord and Tenant Act 1954 (for the grant of a new tenancy), and\n(b) at the commencement of this Act the 1980 Act tenancy is continuing by virtue of that section or of any provision of Part IV of the said Act of 1954,\nsection 1(3) of this Act shall not apply to the 1980 Act tenancy.\n(3) If, in a case falling within subsection (2) above, the court makes an order for the grant of a new tenancy under section 29 of the Landlord and Tenant Act 1954, that tenancy shall be an assured tenancy for the purposes of this Act.\n(4) In any case where—\n(a) before the commencement of this Act a contract was entered into for the grant of a 1980 Act tenancy, but\n(b) at the commencement of this Act the tenancy had not been granted,\nthe contract shall have effect as a contract for the grant of an assured tenancy (within the meaning of this Act).\n(5) In relation to an assured tenancy falling within subsection (3) above or granted pursuant to a contract falling within subsection (4) above, Part I of Schedule 1 to this Act shall have effect as if it consisted only of paragraphs 11 and 12; and, if the landlord granting the tenancy is a fully mutual housing association, then, so long as that association remains the landlord under that tenancy (and under any statutory periodic tenancy which arises on the coming to an end of that tenancy), the said paragraph 12 shall have effect in relation to that tenancy with the omission of sub-paragraph (1)(h).\n(6) Any reference in this section to a provision of the Landlord and Tenant Act 1954 is a reference only to that provision as applied by section 58 of the Housing Act 1980.\n(7) Nothing in this section that purports to grant an assured tenancy, or purports to grant a contract for the grant of an assured tenancy, applies to a dwelling-house in Wales (see section 240 of the Renting Homes (Wales) Act 2016 (anaw 1) for provision about the conversion of existing tenancies to occupation contracts, and section 241 for provision about pre-existing contracts).\n\n38 Transfer of existing tenancies from public to private sector.\n(1) The provisions of subsection (3) below apply in relation to a tenancy which was entered into before, or pursuant to a contract made before, the commencement of this Act if,—\n(a) at that commencement or, if it is later, at the time it is entered into, the interest of the landlord is held by a public body (within the meaning of subsection (5) below); and\n(b) at some time after that commencement, the interest of the landlord ceases to be so held.\n(2) The provisions of subsection (3) below also apply in relation to a tenancy which was entered into before, or pursuant to a contract made before, the commencement of this Act if,—\n(a) at the commencement of this Act or, if it is later, at the time it is entered into, it is a housing association tenancy; and\n(b) at some time after that commencement, it ceases to be such a tenancy.\n(3) Subject to subsections (4) (4ZA), (4A), (4BA) and (4B), below on and after the time referred to in subsection (1)(b) or, as the case may be, subsection (2)(b) above—\n(a) the tenancy shall not be capable of being a protected tenancy, a protected occupancy or a housing association tenancy;\n(b) the tenancy shall not be capable of being a secure tenancy unless (and only at a time when) the interest of the landlord under the tenancy is (or is again) held by a public body; and\n(c) paragraph 1 of Schedule 1 to this Act shall not apply in relation to it, and the question whether at any time thereafter it becomes (or remains) an assured tenancy shall be determined accordingly.\n(4) In relation to a tenancy under which, at the commencement of this Act or, if it is later, at the time the tenancy is entered into, the interest of the landlord is held by the Commission for the New Towns or a development corporation, within the meaning of section 80 of the Housing Act 1985 and which subsequently ceases to be so held by virtue of a disposal by the Commission for the New Towns made pursuant to a direction under section 37 of the New Towns Act 1981, subsections (1) and (3) above shall have effect as if any reference in subsection (1) above to the commencement of this Act were a reference to—\n(a) the date on which expires the period of two years beginning on the day this Act is passed; or\n(b) if the Secretary of State by order made by statutory instrument within that period so provides, such other date (whether earlier or later) as may be specified by the order for the purposes of this subsection.\n(4ZA) In relation to any time on or after the coming into force of this subsection, subsection (4) applies as if—\n(a) the references to the Commission for the New Towns were references to the new towns residuary body;\n(b) in the case of a disposal by the English new towns residuary body, the reference to section 37 of the New Towns Act 1981 were a reference to section 47 of the Housing and Regeneration Act 2008; and\n(c) in the case of a disposal by the Welsh new towns residuary body, the words “made pursuant to a direction under section 37 of the New Towns Act 1981” were omitted.\n(4A) Where, by virtue of a disposal falling within subsection (4) above and made before the date which has effect by virtue of paragraph (a) or paragraph (b) of that subsection, the interest of the landlord under a tenancy passes to a private registered provider of social housing or a registered social landlord (within the meaning of the Housing Act 1985 (see section 5(4) and (5) of that Act)), then, notwithstanding anything in subsection (3) above, so long as the tenancy continues to be held by a body which would have been specified in subsection (1) of section 80 of the Housing Act 1985 if the repeal of provisions of that section effected by this Act had not been made, the tenancy shall continue to be a secure tenancy or a secure contract and to be capable of being a housing association tenancy.\n(4B) Where, by virtue of a disposal by the Secretary of State made in the exercise by him of functions under Part III of the Housing Associations Act 1985, the interest of the landlord under a secure tenancy or a secure contract passes to a registered social landlord (within the meaning of the Housing Act 1985) then, notwithstanding anything in subsection (3) above, so long as the tenancy continues to be held by a body which would have been specified in subsection (1) of section 80 of the Housing Act 1985 if the repeal of provisions of that section effected by this Act had not been made, the tenancy shall continue to be a secure tenancy or secure contract and to be capable of being a housing association tenancy.\n(4BA) The references in subsections (4A) and (4B) to a body which would have been specified in subsection (1) of section 80 of the Housing Act 1985 if the repeal of provisions of that section effected by this Act had not been made includes a reference to the new towns residuary body.\n(5) For the purposes of this section, the interest of a landlord under a tenancy is held by a public body at a time when—\n(a) it belongs to a local authority, a development corporation or an urban development corporation, all within the meaning of section 80 of the Housing Act 1985 or to the English new towns residuary body; or\n(aa) it belongs to a Mayoral development corporation; or\n(b) it belongs to a housing action trust established under Part III of this Act; or\n(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(d) it belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department.\n(5A) In this section “ new towns residuary body ” means—\n(a) in relation to times before the coming into force of this subsection, the Commission for the New Towns; and\n(b) in relation to other times—\n(i) in relation to England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008 or the Greater London Authority so far as exercising its new towns and urban development functions (and any reference to the English new towns residuary body shall be construed accordingly); and\n(ii) in relation to Wales, the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981 (and any reference to the Welsh new towns residuary body shall be construed accordingly).\n(6) In this section—\n(a) “housing association tenancy” means a tenancy to which Part VI of the Rent Act 1977 applies;\n(b) “protected tenancy” has the same meaning as in that Act; and\n(c) “protected occupancy” has the same meaning as in the Rent (Agriculture) Act 1976.\n\n39 Statutory tenants: succession.\n(1) In section 2(1)(b) of the Rent Act 1977 (which introduces the provisions of Part I of Schedule 1 to that Act relating to statutory tenants by succession) after the words “statutory tenant of a dwelling-house” there shall be inserted “or, as the case may be, is entitled to an assured tenancy of a dwelling-house by succession”.\n(2) Where the person who is the original tenant, within the meaning of Part I of Schedule 1 to the Rent Act 1977, dies after the commencement of this Act, that Part shall have effect subject to the amendments in Part I of Schedule 4 to this Act.\n(3) Where subsection (2) above does not apply but the person who is the first successor, within the meaning of Part I of Schedule 1 to the Rent Act 1977, dies after the commencement of this Act, that Part shall have effect subject to the amendments in paragraphs 5 to 9 of Part I of Schedule 4 to this Act.\n(4) In any case where the original occupier, within the meaning of section 4 of the Rent (Agriculture) Act 1976 (statutory tenants and tenancies) dies after the commencement of this Act, that section shall have effect subject to the amendments in Part II of Schedule 4 to this Act.\n(5) In any case where, by virtue of any provision of—\n(a) Part I of Schedule 1 to the Rent Act 1977, as amended in accordance with subsection (2) or subsection (3) above, or\n(b) section 4 of the Rent (Agriculture) Act 1976, as amended in accordance with subsection (4) above,\na person (in the following provisions of this section referred to as “the successor”) becomes entitled to an assured tenancy of a dwelling-house by succession, that tenancy shall be a periodic tenancy arising by virtue of this section.\n(6) Where, by virtue of subsection (5) above, the successor becomes entitled to an assured periodic tenancy, that tenancy is one—\n(a) taking effect in possession immediately after the death of the protected or statutory tenant or protected occupier (in the following provisions of this section referred to as “the predecessor”) on whose death the successor became so entitled;\n(b) deemed to have been granted to the successor by the person who, immediately before the death of the predecessor, was the landlord of the predecessor under his tenancy;\n(c) under which the premises which are let are the same dwelling-house as, immediately before his death, the predecessor occupied under his tenancy;\n(d) under which the periods of the tenancy are the same as those for which rent was last payable by the predecessor under his tenancy;\n(e) under which, subject to sections 13 to 15 above, the other terms are the same as those on which, under his tenancy, the predecessor occupied the dwelling-house immediately before his death; and\n(f) which, for the purposes of section 13(2) above, is treated as a statutory periodic tenancy;\nand in paragraphs (b) to (e) above “under his tenancy”, in relation to the predecessor, means under his protected tenancy or protected occupancy or in his capacity as a statutory tenant.\n(7) If, immediately before the death of the predecessor, the landlord might have recovered possession of the dwelling-house under Case 19 in Schedule 15 to the Rent Act 1977, the assured periodic tenancy to which the successor becomes entitled shall be an assured shorthold tenancy (whether or not , in the case of a tenancy to which the provision applies it fulfils the conditions in section 20(1) above).\n(8) If, immediately before his death, the predecessor was a protected occupier or statutory tenant within the meaning of the Rent (Agriculture) Act 1976, the assured periodic tenancy to which the successor becomes entitled shall be an assured agricultural occupancy (whether or not it fulfils the conditions in section 24(1) above).\n(9) Where, immediately before his death, the predecessor was a tenant under a fixed term tenancy, section 6 above shall apply in relation to the assured periodic tenancy to which the successor becomes entitled on the predecessor’s death subject to the following modifications—\n(a) for any reference to a statutory periodic tenancy there shall be substituted a reference to the assured periodic tenancy to which the successor becomes so entitled;\n(b) in subsection (1) of that section, paragraph (a) shall be omitted and the reference in paragraph (b) to section 5(3)(e) above shall be construed as a reference to subsection (6)(e) above; and\n(c) for any reference to the coming to an end of the former tenancy there shall be substituted a reference to the date of the predecessor’s death.\n(10) If and so long as a dwelling-house is subject to an assured tenancy to which the successor has become entitled by succession, section 7 above and Schedule 2 to this Act shall have effect subject to the modifications in Part III of Schedule 4 to this Act; and in that Part “the predecessor” and “the successor” have the same meaning as in this section.\n\nChapter VI General Provisions\n\n40 Jurisdiction of county courts.\n(1) The county court shall have jurisdiction to hear and determine any question arising under any provision of—\n(a) Chapters I to III and V above, or\n(b) sections 27 and 28 above,\nother than a question falling within the jurisdiction of the appropriate tribunal by virtue of any such provision.\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3) Where any proceedings under any provision mentioned in subsection (1) above are being taken in the county court, the court shall have jurisdiction to hear and determine any other proceedings joined with those proceedings, notwithstanding that, apart from this subsection, those other proceedings would be outside the court’s jurisdiction.\n(4) If any person takes any proceedings under any provision mentioned in subsection (1) above in the High Court, he shall not be entitled to recover any more costs of those proceedings than those to which he would have been entitled if the proceedings had been taken in the county court: and in such a case the taxing master shall have the same power of directing on what county court scale costs are to be allowed, and of allowing any item of costs, as the judge would have had if the proceedings had been taken in the county court.\n(5) Subsection (4) above shall not apply where the purpose of taking the proceedings in the High Court was to enable them to be joined with any proceedings already pending before that court (not being proceedings taken under any provision mentioned in subsection (1) above).\n\n41 Rent assessment committees: procedure and information powers.\n(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(2) The rent assessment committee to whom a matter is referred under Chapter I or Chapter II above may by notice in the prescribed form served on the landlord or the tenant require him to give to the committee, within such period of not less than fourteen days from the service of the notice as may be specified in the notice, such information as they may reasonably require for the purposes of their functions.\n(3) If any person fails without reasonable excuse to comply with a notice served on him under subsection (2) above, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.\n(4) Where an offence under subsection (3) above committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager or secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.\n\n41A Amounts attributable to services.\nIn order to assist authorities to give effect to the housing benefit scheme under Part VII of the Social Security Contributions and Benefits Act 1992 or to assist the Secretary of State in the administration of universal credit, where a rent is determined under section 14 or 22 above, the appropriate tribunal shall note in their determination the amount (if any) of the rent which, in the opinion of the tribunal, is fairly attributable to the provision of services, except where that amount is in their opinion negligible; and the amount so noted may be included in the information specified in an order under section 42 or 42A below.\n\n41B Provision of information as to exemption from council tax\nA billing authority within the meaning of Part I of the Local Government Finance Act 1992 shall, if so requested in writing by a rent officer or the appropriate tribunal in connection with his or their functions under any enactment, inform the rent officer or the appropriate tribunal in writing whether or not a particular dwelling (within the meaning of Part I of the Local Government Finance Act 1992) is, or was at any time specified in the request, an exempt dwelling for the purposes of that Part of that Act.\n\n42 Information as to determinations of rents in Wales.\n(1) The President of the rent assessment panel shall keep and make publicly available, in such manner as is specified in an order made by the Welsh Ministers, such information as may be so specified with respect to rents under assured tenancies and assured agricultural occupancies which have been the subject of references or applications to, or determinations by, rent assessment committees in areas in Wales.\n(2) A copy of any information certified under the hand of an officer duly authorised by the President of the rent assessment panel ... shall be receivable in evidence in any court and in any proceedings.\n(3) An order under subsection (1) above—\n(a) may prescribe the fees to be charged for the supply of a copy, including a certified copy, of any of the information kept by virtue of that subsection; and\n(b) may make different provision with respect to different cases or descriptions of case, including different provision for different areas.\n(4) The power to make an order under subsection (1) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.\n\n42A.Information as to determination of rents in England\n(1) The Chamber President of the Property Chamber of the First-tier Tribunal shall keep and make publicly available, in such manner as may be specified in an order made by the Lord Chancellor, such information as may be specified in an order made by the Secretary of State with respect to rents under assured tenancies and assured agricultural occupancies which have been the subject of references or applications to, or determinations by—\n(a) rent assessment committees in England,\n(b) the First-tier Tribunal, or\n(c) the Upper Tribunal.\n(2) A copy of any information certified by a member of staff appointed by the Lord Chancellor and duly authorised by the Chamber President shall be receivable in evidence in any court and in any proceedings.\n(3) An order made by the Lord Chancellor under subsection (1) may prescribe the fees to be charged for the supply of a copy, including a certified copy, of any of the information kept by virtue that subsection.\n(4) The power to make an order under subsection (1) shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.\n\n43 Powers of local authorities for purposes of giving information.\nIn section 149 of the Rent Act 1977 (which, among other matters, authorises local authorities to publish information for the benefit of landlords and tenants with respect to their rights and duties under certain enactments), in subsection (1)(a) after sub-paragraph (iv) there shall be inserted—\n“(v)Chapters I to III of Part I of the Housing Act 1988”.\n\n44 Application to Crown Property.\n(1) Subject to paragraph 11 of Schedule 1 to this Act and subsection (2) below, Chapters I to IV above apply in relation to premises in which there subsists, or at any material time subsisted, a Crown interest as they apply in relation to premises in relation to which no such interest subsists or ever subsisted.\n(2) In Chapter IV above—\n(a) sections 27 and 28 do not bind the Crown; and\n(b) the remainder binds the Crown to the extent provided for in section 10 of the Protection from Eviction Act 1977.\n(3) In this section “Crown interest” means an interest which belongs to Her Majesty in right of the Crown or of the Duchy of Lancaster or to the Duchy of Cornwall, or to a government department, or which is held in trust for Her Majesty for the purposes of a government department.\n(4) Where an interest belongs to Her Majesty in right of the Duchy of Lancaster, then, for the purposes of Chapters I to IV above, the Chancellor of the Duchy of Lancaster shall be deemed to be the owner of the interest.\n\n45 Interpretation of Part I.\n(1) In this Part of this Act, except where the context otherwise requires,—\n  * “appropriate tribunal” means—\n    (a) in relation to a dwelling-house in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal;\n    (b) in relation to a dwelling-house in Wales, a rent assessment committee;\n  * “dwelling-house” may be a house or part of a house;\n  * “fixed term tenancy” means any tenancy other than a periodic tenancy;\n  * “fully mutual housing association” has the same meaning as in Part I of the Housing Associations Act 1985;\n  * “landlord” includes any person from time to time deriving title under the original landlord and also includes, in relation to a dwelling-house, any person other than a tenant who is, or but for the existence of an assured tenancy would be, entitled to possession of the dwelling-house;\n  * “let” includes “sub-let”;\n  * “prescribed” means prescribed by regulations made by the Secretary of State by statutory instrument;\n  * “rates” includes water rates and charges but does not include an owner’s drainage rate, as defined in section 63(2)(a) of the Land Drainage Act 1976;\n  * “secure contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 8 of that Act);\n  * “secure tenancy” has the meaning assigned by section 79 of the Housing Act 1985;\n  * “statutory periodic tenancy” has the meaning assigned by section 5(7) above;\n  * “tenancy” includes a sub-tenancy and an agreement for a tenancy or sub-tenancy; and\n  * “tenant” includes a sub-tenant and any person deriving title under the original tenant or sub-tenant.\n(2) Subject to paragraph 11 of Schedule 2 to this Act, any reference in this Part of this Act to the beginning of a tenancy is a reference to the day on which the tenancy is entered into or, if it is later, the day on which, under the terms of any lease, agreement or other document, the tenant is entitled to possession under the tenancy.\n(3) Where two or more persons jointly constitute either the landlord or the tenant in relation to a tenancy, then, except where this Part of this Act otherwise provides, any reference to the landlord or to the tenant is a reference to all the persons who jointly constitute the landlord or the tenant, as the case may require.\n(4) For the avoidance of doubt, it is hereby declared that any reference in this Part of this Act (however expressed) to a power for a landlord to determine a tenancy does not include a reference to a power of re-entry or forfeiture for breach of any term or condition of the tenancy.\n(5) Regulations under subsection (1) above may make different provision with respect to different cases or descriptions of case, including different provision for different areas.\n\nPart II Housing Associations\n\nHousing for Wales\n\n46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nRegistration and issue of guidance\n\n48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nGrants...\n\n50 Housing association grants.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n50 Housing association grants.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n51 Revenue deficit grants.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n51 Revenue deficit grants.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n52 Recovery etc. of grants.\n(1) Where a grant to which this section applies, that is to say—\n(a) a grant under section 50 or 51 above, or\n(b) a grant under section 41 of the 1985 Act or any enactment replaced by that section, or\n(c) a grant under section 2(2) of the Housing (Scotland) Act 1988,\nhas been made to a relevant housing association, the powers conferred by subsection (2) below are exercisable in such events (including the association not complying with any conditions) as the appropriate authority may from time to time determine (in this section referred to as “relevant events”).\n(2) The appropriate authority. . . may—\n(a) reduce the amount of, or of any payment in respect of, the grant;\n(b) suspend or cancel any instalment of the grant; or\n(c) direct the association to apply or appropriate for such purposes as the appropriate authority may specify, or to pay to the appropriate authority an amount equal to the whole, or such proportion as it may specify, of the amount of any payment made to the association in respect of the grant,\nand a direction under paragraph (c) above may require the application, appropriation or payment of an amount with interest in accordance with subsections (7) to (9) below.\n(3) Where, after a grant to which this section applies has been made to an association, a relevant event occurs, the association shall notify the appropriate authority and, if so required by written notice of the appropriate authority, shall furnish it with such particulars of and information relating to the event as are specified in the notice.\n(4) Where a grant to which this section applies (other than one falling within subsection (1)(c) above) has been made to an association, the Chief Land Registrar may furnish the appropriate authority with such particulars and information as it may reasonably require for the purpose of ascertaining whether a relevant event has occurred; but this subsection shall cease to have effect on the day appointed under section 3(2) of the Land Registration Act 1988 for the coming into force of that Act.\n(5) Where—\n(a) a grant to which this section applies has been made to an association, and\n(b) at any time property to which the grant relates becomes vested in, or is leased for a term of years to, or reverts to, some other relevant housing association, or trustees for some other such association,\nthis section (including this subsection) shall have effect after that time as if the grant, or such proportion of it as is specified or determined under subsection (6) below, had been made to that other association.\n(6) The proportion referred to in subsection (5) above is that which, in the circumstances of the particular case,—\n(a) the appropriate authority, acting in accordance with such principles as it may from time to time determine, may specify as being appropriate; or\n(b) the appropriate authority may determine to be appropriate.\n(7) A direction under subsection (2)(c) above requiring the application, appropriation or payment of an amount with interest shall specify, in accordance with subsection (9) below,—\n(a) the rate or rates of interest (whether fixed or variable) which is or are applicable;\n(b) the date from which interest is payable, being not earlier than the date of the relevant event; and\n(c) any provision for suspended or reduced interest which is applicable.\n(8) In subsection (7)(c) above—\n(a) the reference to a provision for suspended interest is a reference to a provision whereby, if the principle amount is applied, appropriated or paid before a date specified in the direction, no interest will be payable for any period after the date of the direction; and\n(b) the reference to a provision for reduced interest is a reference to a provision whereby, if the principle amount is so applied, appropriated or paid, any interest payable will be payable at a rate or rates lower than the rate or rates which would otherwise be applicable.\n(9) The matters specified in a direction as mentioned in paragraphs (a) to (c) of subsection (7) above shall be either—\n(a) such as the appropriate authority, acting in accordance with such principles as it may from time to time determine, may specify as being appropriate, or\n(b) such as the appropriate authority may determine to be appropriate in the particular case.\n(9A) In this section and sections 53 and 54—\n  * “the appropriate authority”—\n    (a) in relation to an English relevant housing association and property outside Greater London, means the Homes and Communities Agency,\n    (aa) in relation to an English relevant housing association and property in Greater London, means the Greater London Authority, and\n    (b) in relation to a Welsh relevant housing association, means the Welsh Ministers,\n  * “ relevant housing association ” means—\n    (a) a housing association which is a registered provider of social housing (“an English relevant housing association”), and\n    (b) a housing association which is a registered social landlord (“a Welsh relevant housing association”).\n(9B) In this section a reference to registration as a provider of social housing, so far as the context permits, is to be construed as including, in relation to times, circumstances and purposes before the commencement of section 111 of the Housing and Regeneration Act 2008, a reference to registration under—\n(a) Part 1 of the Housing Act 1996,\n(b) Part 1 of the 1985 Act, or\n(c) any corresponding earlier enactment.\n\n52 Recovery etc. of grants.\n(1) Where a grant to which this section applies, that is to say—\n(a) a grant under section 50 or 51 above, or\n(b) a grant under section 41 of the 1985 Act or any enactment replaced by that section, or\n(c) a grant under section 2(2) of the Housing (Scotland) Act 1988,\nhas been made to a registered social landlord, the powers conferred by subsection (2) below are exercisable in such events (including the association not complying with any conditions) as the Corporation may from time to time determine (in this section referred to as “relevant events”).\n(2) The Corporation, acting in accordance with such principles as it may from time to time determine, may—\n(a) reduce the amount of, or of any payment in respect of, the grant;\n(b) suspend or cancel any instalment of the grant; or\n(c) direct the landlord to pay to it an amount equal to the whole, or such proportion as it may specify, of the amount of any payment made to the landlord in respect of the grant,\nand a direction under paragraph (c) above requiring the payment of any interest on that amount in accordance with subsections (7) to (9) below.\n(3) Where, after a grant to which this section applies has been made to a registered social landlord, a relevant event occurs, the landlord shall notify the Corporation and, if so required by written notice of the Corporation, shall furnish it with such particulars of and information relating to the event as are specified in the notice.\n(4) Where a grant to which this section applies (other than one falling within subsection (1)(c) above) has been made to a registered social landlord , the Chief Land Registrar may furnish the Corporation with such particulars and information as it may reasonably require for the purpose of ascertaining whether a relevant event has occurred; but this subsection shall cease to have effect on the day appointed under section 3(2) of the Land Registration Act 1988 for the coming into force of that Act.\n(5) Where—\n(a) a grant to which this section applies has been made to a registered social landlord, and\n(b) at any time property to which the grant relates becomes vested in, or is leased for a term of years to, or reverts to, some other registered social landlord, or trustees for some other such landlord,\nthis section (including this subsection) shall have effect after that time as if the grant, or such proportion of it as is specified or determined under subsection (6) below, had been made to that other landlord.\n(6) The proportion referred to in subsection (5) above is that which, in the circumstances of the particular case,—\n(a) the Corporation, acting in accordance with such principles as it may from time to time determine, may specify as being appropriate; or\n(b) the Corporation may determine to be appropriate.\n(7) A direction under subsection (2)(c) above requiring the payment of interest on the amount directed to be paid to the Corporation shall specify, in accordance with subsection (9) below,—\n(a) the rate or rates of interest (whether fixed or variable) which is or are applicable;\n(b) the date from which interest is payable, being not earlier than the date of the relevant event; and\n(c) any provision for suspended or reduced interest which is applicable.\n(8) In subsection (7)(c) above—\n(a) the reference to a provision for suspended interest is a reference to a provision whereby, if the amount which is directed to be paid to the Corporation is paid before a date specified in the direction, no interest will be payable for any period after the date of the direction; and\n(b) the reference to a provision for reduced interest is a reference to a provision whereby, if that amount is so paid, any interest payable will be payable at a rate or rates lower than the rate or rates which would otherwise be applicable.\n(9) The matters specified in a direction as mentioned in paragraphs (a) to (c) of subsection (7) above shall be either—\n(a) such as the Corporation, acting in accordance with such principles as it may from time to time determine, may specify as being appropriate, or\n(b) such as the Corporation may determine to be appropriate in the particular case.\n(9A) In this section and sections 53 and 54—\n  * “the appropriate authority”—\n    (a) in relation to an English relevant housing associationand property outside Greater London, means the Homes and Communities Agency,\n    (aa) in relation to an English relevant housing association and property in Greater London, means the Greater London Authority, and\n    (b) in relation to a Welsh relevant housing association, means the Welsh Ministers,\n  * “ relevant housing association ” means—\n    (a) a housing association which is a registered provider of social housing (“an English relevant housing association”), and\n    (b) a housing association which is a registered social landlord (“a Welsh relevant housing association”).\n(9B) In this section a reference to registration as a provider of social housing, so far as the context permits, is to be construed as including, in relation to times, circumstances and purposes before the commencement of section 111 of the Housing and Regeneration Act 2008, a reference to registration under—\n(a) Part 1 of the Housing Act 1996,\n(b) Part 1 of the 1985 Act, or\n(c) any corresponding earlier enactment.\n(10) In this section and section 53, “registered social landlord” has the same meaning as in the Housing (Scotland) Act 2010 (asp 17).\n\n53 Determinations under Part II.\n(1) A general determination may either—\n(a) make the same provision for all cases; or\n(b) make different provision for different cases or descriptions of cases, including different provision for different areas or for different descriptions of housing associations or housing activities;\nand for the purposes of this subsection descriptions may be framed by reference to any matters whatever, including in particular, in the case of housing activities, the manner in which they are financed.\n(2) The Homes and Communities Agency shall not make a general determination under the foregoing provisions of this Part except with the approval of the Secretary of State\n(3) Before making a general determination, the appropriate authority shall consult such bodies appearing to it to be representative of housing associations as it considers appropriate; and after making such a determination, the appropriate authority shall publish the determination in such manner as it considers appropriate for bringing the determination to the notice of the associations concerned.\n(4) In this section “general determination” means a determination under section 52 above, other than a determination relating solely to a particular case.\n\n53 Determinations under Part II.\n(1) A general determination may either—\n(a) make the same provision for all cases; or\n(b) make different provision for different cases or descriptions of cases, including different provision for different areas or for different descriptions of registered social landlords or housing activities;\nand for the purposes of this subsection descriptions may be framed by reference to any matters whatever, including in particular, in the case of housing activities, the manner in which they are financed.\n(2) The Corporation shall not make a determination under the foregoing provisions of this Part except with the approval of the Secretary of State given, in the case of a general determination, with the consent of the Treasury.\n(3) Before making a general determination, the Corporation shall consult such bodies appearing to it to be representative of registered social landlords as it considers appropriate; and after making such a determination, the Corporation shall publish the determination in such manner as it considers appropriate for bringing the determination to the notice of the landlords concerned.\n(4) In this section “general determination” means a determination under section 52 above, other than a determination relating solely to a particular case.\n\nGrants: functions of Secretary of State\n\n54 Tax relief grants.\n(1) If a housing association makes a claim to the Secretary of State in respect of a period and satisfies him that throughout the period it was a housing association to which this section applies and its functions either—\n(a) consisted exclusively of the function of providing or maintaining housing accommodation for letting or hostels and activities incidental to that function, or\n(b) included that function and activities incidental to that function,\nthe Secretary of State may make grants to the association for affording relief from tax chargeable on the association.\n(2) This section applies to a housing association at any time if, at that time—\n(a) it is a relevant housing association;\n(b) it does not trade for profit; and\n(c) it is not approved for the purposes of Chapter 7 of Part 13 of the Corporation Tax Act 2010 (tax treatment of co-operative housing associations).\n(3) References in this section to tax chargeable on an association are to income tax (other than income tax which the association is entitled to deduct on making any payment) and corporation tax.\n(4) A grant under this section may be made—\n(a) in a case falling within subsection (1)(a) above, for affording relief from any tax chargeable on the association for the period in respect of which the claim is made; and\n(b) in a case falling within subsection (1)(b) above, for affording relief from such part of any tax so chargeable as the Secretary of State considers appropriate having regard to the other functions of the association;\nand in any case shall be of such amount, shall be made at such times and shall be subject to such conditions as the Secretary of State thinks fit.\n(5) The conditions may include conditions for securing the repayment in whole or in part of a grant made to an association—\n(a) in the event of tax in respect of which it was made being found not to be chargeable; or\n(b) in such other events (including the association beginning to trade for profit) as the Secretary of State may determine.\n(6) A claim under this section shall be made in such manner and shall be supported by such evidence as the Secretary of State may direct.\n(7) The Commissioners of Inland Revenue and their officers may disclose to the Secretary of State such particulars as he may reasonably require for determining whether a grant should be made on a claim or whether a grant should be repaid or the amount of such grant or repayment.\n(8) In this section “letting” includes—\n(a) in England and Wales, the grant of a shared ownership lease or a licence to occupy;\n(b) in Scotland, disposal under a shared ownership agreement or the grant of a right or permission to occupy.\n\n54 Tax relief grants.\n(1) If a housing association makes a claim to the Secretary of State in respect of a period and satisfies him that throughout the period it was a housing association to which this section applies and its functions either—\n(a) consisted exclusively of the function of providing or maintaining housing accommodation for letting or hostels and activities incidental to that function, or\n(b) included that function and activities incidental to that function,\nthe Secretary of State may make grants to the association for affording relief from tax chargeable on the association.\n(2) This section applies to a housing association at any time if, at that time—\n(a) it is registered;\n(b) it does not trade for profit; and\n(c) it is not approved for the purposes of Chapter 7 of Part 13 of the Corporation Tax Act 2010 (tax treatment of co-operative housing associations).\n(3) References in this section to tax chargeable on an association are to income tax (other than income tax which the association is entitled to deduct on making any payment) and corporation tax.\n(4) A grant under this section may be made—\n(a) in a case falling within subsection (1)(a) above, for affording relief from any tax chargeable on the association for the period in respect of which the claim is made; and\n(b) in a case falling within subsection (1)(b) above, for affording relief from such part of any tax so chargeable as the Secretary of State considers appropriate having regard to the other functions of the association;\nand in any case shall be of such amount, shall be made at such times and shall be subject to such conditions as the Secretary of State thinks fit.\n(5) The conditions may include conditions for securing the repayment in whole or in part of a grant made to an association—\n(a) in the event of tax in respect of which it was made being found not to be chargeable; or\n(b) in such other events (including the association beginning to trade for profit) as the Secretary of State may determine.\n(6) A claim under this section shall be made in such manner and shall be supported by such evidence as the Secretary of State may direct.\n(7) The Commissioners of Inland Revenue and their officers may disclose to the Secretary of State such particulars as he may reasonably require for determining whether a grant should be made on a claim or whether a grant should be repaid or the amount of such grant or repayment.\n(8) In this section “letting” includes—\n(a) in England and Wales, the grant of a shared ownership lease or a licence to occupy;\n(b) in Scotland, disposal under a shared ownership agreement or the grant of a right or permission to occupy.\n\n55 Surplus rental income.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nMiscellaneous and supplemental\n\n56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n57 Delegation of certain functions.\nThe Secretary of State may delegate to the Housing Corporation, to such extent and subject to such conditions as he may specify, any of his functions , so far as they relate to English registered social landlords, under—\n(a) section 54 . . . above;\n(b) sections 53 (recoupment of surplus rental income), 54 to 57 (deficit grants) and 62 (grants for affording tax relief) of the 1985 Act, so far as continuing in force after the passing of this Act; and\n(c) Parts I and II of Schedule 5 to the 1985 Act (residual subsidies);\nand where he does so, references to him in those provisions shall be construed accordingly.\nIn this section “ English registered social landlords ” means social landlords registered in the register maintained by the Housing Corporation under section 1 of the Housing Act 1996.\n\n57 Delegation of certain function.\nThe Secretary of State may delegate to the Corporation, to such extent and subject to such conditions as he may specify, any of his functions under—\n(a) section 54 or 55 above;\n(b) sections 53 (recoupment of surplus rental income), 54 to 57 (deficit grants) and 62 (grants for affording tax relief) of the 1985 Act, so far as continuing in force after the passing of this Act; and\n(c) Parts I and II of Schedule 5 to the 1985 Act (residual subsidies);\nand where he does so, references to him in those provisions shall be construed accordingly.\n\n58 Application of Housing Acts to certain transactions.\n(1) This section applies to any tenant of a publicly-funded house who, but for paragraph 1 of Schedule 5 to the Housing Act 1985 (no right to buy where landlord a charitable housing trust or housing association), would have the right to buy under Part V of the Housing Act 1985.\n(2) A house is publicly-funded for the purposes of subsection (1) above if a grant under section 50 above, or a grant under section 41 of the 1985 Act or any enactment replaced by that section, has been paid in respect of a project which included—\n(a) the acquisition of the house;\n(b) the acquisition of a building and the provision of the house by means of the conversion of the building; or\n(c) the acquisition of land and the construction of the house on the land.\n(3) Where a registered housing association contracts for the acquisition of a house and, without taking the conveyance, grant or assignment, disposes of its interest at a discount to a tenant to whom this section applies, the provisions mentioned in subsection (4) below shall have effect as if the association first acquired the house and then disposed of it to the tenant.\n(4) The said provisions are—\n  * section 4 of the 1985 Act (eligibility for registration);\n  * section 8 of that Act (disposal of land by registered housing associations);\n  * section 9 of that Act (consent of Corporation to disposals);\n  * section 79(2) of that Act (power of Corporation to lend to person acquiring interest from registered housing association);\n  * Schedule 2 to that Act (covenants for repayments of discount on early disposal and restricting disposal of houses in National Parks etc. ); and\n  * section 130 of the Housing Act 1985 (reduction of discount on exercise of right to buy where previous discount given).\n\n59 Interpretation of Part II and amendments of Housing Associations Act 1985.\n(1) In this Part of this Act—\n(a) “the 1985 Act” means the Housing Associations Act 1985; and\n(b) subject to subsections (1A) and (1B) below expressions used in this Part have the same meaning as in the 1985 Act.\n(1A) Expressions used in sections 52 to 54 ... above have the same meaning as in Part I of the Housing Act 1996, subject as follows.\n(1B) In those sections “housing activities” and “shared ownership lease”, in relation to times, circumstances and purposes before the commencement of section 1 of the Housing Act 1996 (the register of social landlords), have the same meaning as in the 1985 Act.\n(2) The 1985 Act shall have effect subject to the amendments in Schedule 6 to this Act, being amendments—\n(a) extending the supervisory powers conferred by Part I of the 1985 Act;\n(b) making provision incidental to and consequential upon . . . the establishment by the Housing (Scotland) Act 1988 of Scottish Homes;\n(c) making provision incidental to and consequential upon the provisions of this Part of this Act and the provisions of Part IV of this Act; and\n(d) varying the grounds on which the Secretary of State may remove a member of the Housing Corporation from office.\n(3) In Schedule 6 to this Act,—\n(a) Part I contains amendments of Part I of the 1985 Act, including amendments which reproduce the effect of amendments made by Schedule 3 to the Housing (Scotland) Act 1988 with respect to Scottish Homes; and\n(b) Parts II and III contain amendments of Parts II and III respectively of the 1985 Act.\n(4) Without prejudice to the operation of Schedule 3 to the Housing (Scotland) Act 1988 in relation to anything done before the day appointed for the coming into force of this section, for the purpose of giving effect to the amendments in Part I of Schedule 6 to this Act, the said Schedule 3 shall be deemed never to have come into force.\n\n59 Interpretation of Part II and amendments of Housing Associations Act 1985.\n(1) In this Part of this Act—\n(a) “the 1985 Act” means the Housing Associations Act 1985; and\n(b) except as provided in section 50(1) above, “the Corporation”means the Scottish Ministers and other expressions used in this Part have the same meaning as in the 1985 Act.\n(2) The 1985 Act shall have effect subject to the amendments in Schedule 6 to this Act, being amendments—\n(a) extending the supervisory powers conferred by Part I of the 1985 Act;\n(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(c) making provision incidental to and consequential upon the provisions of this Part of this Act and the provisions of Part IV of this Act; and\n(d) varying the grounds on which the Secretary of State may remove a member of the Housing Corporation from office.\n(3) In Schedule 6 to this Act,—\n(a) Part I contains amendments of Part I of the 1985 Act, including amendments which reproduce the effect of amendments made by Schedule 3 to the Housing (Scotland) Act 1988 with respect to Scottish Homes; and\n(b) Parts II and III contain amendments of Parts II and III respectively of the 1985 Act.\n(4) Without prejudice to the operation of Schedule 3 to the Housing (Scotland) Act 1988 in relation to anything done before the day appointed for the coming into force of this section, for the purpose of giving effect to the amendments in Part I of Schedule 6 to this Act, the said Schedule 3 shall be deemed never to have come into force.\n\nPart III Housing Action Trust Areas\n\nAreas and trusts\n\n60 Housing action trust areas.\n(1) Subject to section 61 below, the Secretary of State may by order designate an area of land for which, in his opinion, it is expedient that a corporation, to be known as a housing action trust, having the functions specified in this Part of this Act, should be established.\n(2) The area designated by an order under this section may comprise two or more parcels of land which—\n(a) need not be contiguous; and\n(b) need not be in the district of the same local housing authority.\n(3) An order under this section shall be made by statutory instrument but no such order shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.\n(4) In deciding whether to make an order under this section designating any area of land, the Secretary of State shall have regard to such matters as he thinks fit.\n(5) Without prejudice to the generality of subsection (4) above, among the matters to which the Secretary of State may have regard in deciding whether to include a particular area of land in an order under this section, are—\n(a) the extent to which the housing accommodation in the area as a whole is occupied by tenants or owner-occupiers and the extent to which it is local authority housing;\n(b) the physical state and design of the housing accommodation in the area and any need to repair or improve it;\n(c) the way in which the local authority housing in the area is being managed; and\n(d) the living conditions of those who live in the area and the social conditions and general environment of the area.\n(6) An area designated by an order under this section shall be known as a housing action trust area and in the following provisions of this Part of this Act—\n(a) such an area is referred to as a “designated area”; and\n(b) an order under this section is referred to as a “designation order”.\n\n61 Consultation and publicity.\n(1) Before making a designation order in relation to Wales, the Secretary of State shall consult every local housing authority any part of whose district is to be included in the proposed designated area.\n(2) Where the Secretary of State is considering a proposal to make a designation order, he shall use his best endeavours to secure that notice of the proposal is given to all tenants of houses in the area proposed to be designated who are either secure tenants or introductory tenants or secure contract-holders or introductory standard contract-holders or tenants of such description as may be prescribed by regulations.\n(3) After having taken the action required by subsection (2) above, the Secretary of State shall either—\n(a) make arrangements for such independent persons as appear to him to be appropriate to conduct, in such manner as seems best to them, a ballot or poll of the tenants who have been given notice of the proposal as mentioned in that subsection with a view to establishing their opinions about the proposal to make a designation order; or\n(b) if it seems appropriate to him to do so, arrange for the conduct of a ballot or poll of those tenants in such manner as appears to him best suited to establish their opinions about the proposal.\n(4) If it appears from a ballot or poll conducted as mentioned in subsection (3) above that a majority of the tenants who, on that ballot or poll, express an opinion about the proposal to make the designation order are opposed to it, the Secretary of State shall not make the order proposed.\n(5) The power to make regulations under subsection (2) above shall be exercisable by the Secretary of State by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.\n(6) Consultation undertaken before the passing of this Act shall constitute as effective compliance with subsection (1) above as if undertaken after that passing.\n\n62 Housing action trusts.\n(1) Subject to subsection (2) below, where the Secretary of State makes a designation order, he shall, in that order or by a separate order, either—\n(a) establish a housing action trust for the designated area; or\n(b) specify as the housing action trust for the designated area a housing action trust already established for another designated area.\n(2) Such a separate order as is referred to in subsection (1) above shall be made by statutory instrument but no such order shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.\n(3) Subject to subsection (4) below, a housing action trust shall be a body corporate by such name as may be prescribed by the order establishing it.\n(4) Where the Secretary of State makes the provision referred to in subsection (1)(b) above,—\n(a) the housing action trust specified in the order shall, by virtue of the order, be treated as established for the new designated area (as well as for any designated area for which it is already established); and\n(b) the order may alter the name of the trust to take account of the addition of the new designated area.\n(5) Schedule 7 to this Act shall have effect with respect to the constitution of housing action trusts and Schedule 8 to this Act shall have effect with respect to their finances.\n(6) It is hereby declared that a housing action trust is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown and that the trust’s property is not to be regarded as the property of, or property held on behalf of, the Crown.\n(7) At the end of section 4 of the Housing Act 1985 (descriptions of authority) there shall be added—\n“(f) “housing action trust” means a housing action trust established under Part III of the Housing Act 1988”; and at the end of section 14 of the Rent Act 1977 (landlord’s interest belonging to local authority etc.) there shall be added—\n“(h)a housing action trust established under Part III of the Housing Act 1988”.\n\n63 Objects and general powers of housing action trusts.\n(1) The primary objects of a housing action trust in relation to the designated area for which it is established shall be—\n(a) to secure the repair or improvement of housing accommodation for the time being held by the trust;\n(b) to secure the proper and effective management and use of that housing accommodation;\n(c) to encourage diversity in the interests by virtue of which housing accommodation in the area is occupied and, in the case of accommodation which is occupied under tenancies, diversity in the identity of the landlords; and\n(d) generally to secure or facilitate the improvement of living conditions of those living in the area and the social conditions and general environment of the area.\n(2) Without prejudice to subsection (1) above, a housing action trust may—\n(a) provide and maintain housing accommodation; and\n(b) facilitate the provision of shops, advice centres and other facilities for the benefit of the community or communities who live in the designated area.\n(2A) For the avoidance of doubt it is hereby declared that it is immaterial for the purposes of this section whether action taken by a housing action trust for achieving its objects or exercising the powers conferred on it by subsection (2) above also—\n(a) benefits persons who do not live in the designated area; or\n(b) improves the social conditions or general environment of an area outside the designated area.\n(3) For the purpose of achieving its objects and exercising the powers conferred on it by subsection (2) above, a housing action trust may—\n(a) acquire, hold, manage, reclaim and dispose of land and other property;\n(b) carry out building and other operations;\n(c) seek to ensure the provision of water, electricity, gas, sewerage and other services; and\n(d) carry on any business or undertaking;\nand may generally do anything necessary or expedient for the purposes of those objects and powers or for purposes incidental thereto.\n(4) For the avoidance of doubt it is hereby declared that subsection (3) above relates only to the capacity of a housing action trust as a statutory corporation; and nothing in this section authorises such a trust to disregard any enactment or rule of law.\n(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(6) A transaction between any person and a housing action trust shall not be invalidated by reason of any failure by the trust to observe the objects in subsection (1) above or the requirement that the trust shall exercise the powers conferred by subsections (2) and (3) above for the purpose referred to in that subsection.\n\n64 The housing action trust’s proposals for its area.\n(1) As soon as practicable after a housing action trust has been established for a designated area, the trust shall prepare a statement of its proposals with regard to the exercise of its functions in relation to the area.\n(2) The trust shall consult every local housing authority or county council, any part of whose area lies within the designated area, with regard to the proposals contained in the statement prepared under subsection (1) above.\n(3) A housing action trust shall take such steps as it considers appropriate to secure—\n(a) that adequate publicity is given in the designated area to the proposals contained in the statement prepared under subsection (1) above;\n(b) that those who live in the designated area are made aware that they have an opportunity to make, within such time as the trust may specify, representations to the trust with respect to those proposals; and\n(c) that those who live in the designated area are given an adequate opportunity of making such representations;\nand the trust shall consider any such representations as may be made within the time specified.\n(4) As soon as may be after a housing action trust has complied with the requirements of subsections (1) to (3) above it shall send to the Secretary of State a copy of the statement prepared under subsection (1) above together with a report of—\n(a) the steps the trust has taken to consult as mentioned in subsection (2) above and to secure the matters referred to in subsection (3) above; and\n(b) the consideration it has given to points raised in the course of consultation and to representations received.\n(5) At such times as a housing action trust considers appropriate or as it may be directed by the Secretary of State, the trust shall prepare a further statement of its proposals with regard to the exercise of its functions in relation to its area; and subsections (2) to (4) above shall again apply as they applied in relation to the first statement.\n\nFunctions\n\n65 Housing action trust as housing authority etc.\n(1) If the Secretary of State so provides by order, in a designated area or, as the case may be, in such part of the area as may be specified in the order, the housing action trust for the area shall have such of the functions described in subsection (2) below as may be so specified.\n(2) The functions referred to in subsection (1) above are—\n(a) the functions conferred on a local housing authority by Parts II, VI, VII and IX to XI and XVI of the Housing Act 1985 and section 3(1) of the Chronically Sick and Disabled Persons Act 1970;\n(b) the functions conferred by Part II of the Housing Associations Act 1985 on a local authority, within the meaning of that Act; and\n(c) the functions conferred by sections 39 to 41 of the Land Compensation Act 1973 on the authority which is “the relevant authority” for the purposes of section 39 of that Act.\n(3) As respects the designated area or part thereof to which an order under this section applies, on the coming into force of the order, any function conferred on a housing action trust by the order shall, according to the terms of the order, be exercisable either—\n(a) by the trust instead of by the authority by which, apart from the order, the function would be exercisable; or\n(b) by the trust concurrently with that authority.\n(4) Any enactment under which a housing action trust is to exercise a function by virtue of an order under this section shall have effect—\n(a) in relation to the trust, and\n(b) where the trust is to have the function concurrently with another authority, in relation to that authority,\nsubject to such modifications (if any) as may be specified in the order.\n(5) Where a housing action trust is to exercise functions conferred on a local housing authority by any of Parts VI, VII, IX and XI of the Housing Act 1985, section 36 of the Local Government Act 1974 (recovery by local authorities of establishment charges) shall apply to the housing action trust as if it were a local authority within the meaning of that section.\n(6) Such (if any) of the provisions of Parts XVII and XVIII of the Housing Act 1985 (compulsory purchase, land acquisition and general provisions) as may be specified in an order under this section shall have effect in relation to a housing action trust subject to such modifications as may be specified in the order.\n(7) An order under this section—\n(a) may contain such savings and transitional and supplementary provisions as appear to the Secretary of State to be appropriate; and\n(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.\n\n66 Planning control.\n(1) A housing action trust may submit to the Secretary of State proposals for the development of land within its designated area and the Secretary of State, after consultation with the local planning authority within whose area the land is situated and with any other local authority which appears to him to be concerned, may approve any such proposals either with or without modification.\n(2) Without prejudice to the generality of the powers conferred by sections 59 to 61 of the 1990 Act, a special development order made by the Secretary of State under section 59 with respect to a designated area may grant permission for any development of land in accordance with proposals approved under subsection (1) above, subject to such conditions, if any (including conditions requiring details of any proposed development to be submitted to the local planning authority), as may be specified in the order.\n(3) The Secretary of State shall give to a housing action trust such directions with regard to the disposal of land held by it and with respect to the development by it of such land as appear to him to be necessary or expedient for securing, so far as practicable, the preservation of any features of special architectural or historical interest and, in particular, of any buildings included in any list compiled or approved or having effect as if compiled or approved under section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (which relates to the compilation or approval by the Secretary of State of lists of buildings of special architectural or historical interest).\n(4) Any reference in this section to the local planning authority,—\n(a) in relation to land in Wales, Greater London or a metropolitan county, is a reference to the authority which is the local planning authority as ascertained in accordance with sections 1 and 2 of the 1990 Act; and\n(b) in relation to other land, is a reference to the district planning authority and also (in relation to proposals for any development which is a county matter, as defined in paragraph 1 of Schedule 1 to the 1990 Act) to the county planning authority.\n\n67 Housing action trust as planning authority.\n(1) The Secretary of State may by order provide that, for such purposes of Part III of the 1990 Act and sections 67 and 73 of the Planning (Listed Buildings and Conservation Areas) Act 1990, and in relation to such kinds of development as may be specified in the order, a housing action trust shall be the local planning authority for the whole or such part as may be so specified of its designated area . . .\n(2) An order under subsection (1) above may provide—\n(a) that any enactment relating to local planning authorities shall not apply to the trust; and\n(b) that any such enactment which applies to the trust shall apply to it subject to such modifications as may be specified in the order.\n(3) An order made by the Secretary of State may provide—\n(a) that, subject to any modifications specified in the order, a housing action trust specified in the order shall have, in the whole or any part of its designated area . . . , such of the functions conferred by the provisions mentioned in subsection (3A) below as may be so specified; and\n(b) that such of the provisions of Part VI and sections 249 to 251 and 258 of the 1990 Act and sections 32 to 37 of the Planning (Listed Buildings and Conservation Areas) Act 1990 as are mentioned in the order shall have effect, in relation to the housing action trust specified in the order and to land in the trust’s area, subject to the modifications there specified.\n(3A) The provisions referred to in subsection (3)(a) above are sections 96, 100, 104 171C, 171D,172 to 185, 187 to 202, 206 to 222, 224, 225, 231 and 320 to 336 of and paragraph 11 of Schedule 9 to the 1990 Act, Chapters I, II and IV of Part I and sections 54 to 56, 59 to 61, 66, 68 to 72, 74 to 76 and 88 of the Planning (Listed Buildings and Conservation Areas) Act 1990 and sections 4 to 15, 17 to 21, 23 to 26AA, 36 and 36A of the Planning (Hazardous Substances) Act 1990.\n(4) An order under subsection (3) above may provide that, for the purposes of any of the provisions specified in the order, any enactment relating to local planning authorities shall apply to the housing action trust specified in the order subject to such modifications as may be so specified.\n(5)(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(7) Any power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament; and any such order shall have effect subject to such savings and transitional provisions as may be specified in the order.\n\n68 Public health.\n(1) The Secretary of State may by order provide that, in relation to premises comprising or consisting of housing accommodation, a housing action trust shall have in its designated area (or in such part of its designated area as may be specified in the order) the functions conferred on a local authority—\n(a) by sections 83 and 84 of the Public Health Act 1936 (the “1936 Act”) and section 36 of the Public Health Act 1961 (all of which relate to filthy or verminous premises or articles);\n(b) by any enactment contained in Part III (nuisances and offensive trades) of the 1936 Act;\n(c) by so much of Part XII of the 1936 Act as relates to any of the enactments mentioned in paragraphs (a) and (b) above; and\n(d) by Part I of the Prevention of Damage by Pests Act 1949 (rats and mice).\n(2) On the order coming into force, the trust shall have the functions conferred in relation to the designated area (or part) instead of or concurrently with any such authority, depending on the terms of the order.\n(3) The order may provide that any enactment under which the trust is to exercise functions by virtue of the order shall have effect in relation to the trust and, where the trust is to have any function concurrently with another authority, in relation to that authority, as modified by the order.\n(4) Where an order under this section provides that a housing action trust shall have the functions conferred upon a local authority by Part III of the 1936 Act, section 36 of the Local Government Act 1974 (recovery by local authorities of establishment charges) shall apply to the housing action trust as if it were a local authority within the meaning of that section.\n(5) The order shall have effect subject to such savings and transitional and supplementary provisions as may be specified in the order.\n(6) The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.\n\n69 Highways.\n(1) When any street works have been executed on any land in a designated area which was then or has since become a private street (or part of a private street), the housing action trust may serve a notice on the street works authority requiring it to declare the street (or part) to be a highway which for the purposes of the Highways Act 1980 is a highway maintainable at the public expense.\n(2) Within the period of two months beginning on the date of the service of a notice under subsection (1) above, the street works authority may appeal against the notice to the Secretary of State . . .\n(3) After considering any representations made to him by the housing action trust and the street works authority, the Secretary of State shall determine an appeal under subsection (2) above by setting aside or confirming the notice under subsection (1) above (with or without modifications).\n(4) Where, under subsection (3) above, the Secretary of State confirms a notice,—\n(a) he may at the same time impose conditions (including financial conditions) upon the housing action trust with which the trust must comply in order for the notice to take effect, and\n(b) the highway (or part) shall become a highway maintainable at the public expense with effect from such date as the Secretary of State may specify.\n(5) Where a street works authority neither complies with the notice under subsection (1) above, nor appeals under subsection (2) above, the street (or part) concerned shall become a highway maintainable at the public expense upon the expiry of the period of two months referred to in subsection (2) above.\n(6) In this section “private street” and “street works authority” have the same meanings as in Part XI of the Highways Act 1980.\n\n70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n71 Power to give financial assistance.\n(1) For the purpose of achieving its objects a housing action trust may, with the consent of the Secretary of State, give financial assistance to any person.\n(2) Financial assistance under subsection (1) above may be given in any form and, in particular, may be given by way of—\n(a) grants,\n(b) loans,\n(c) guarantees,\n(d) incurring expenditure for the benefit of the person assisted, or\n(e) purchasing loan or share capital in a company.\n(3) Financial assistance under subsection (1) above may be given on such terms as the housing action trust, with the consent of the Secretary of State, considers appropriate.\n(4) Any consent under this section—\n(a) may be given either unconditionally or subject to conditions; and\n(b) may be given in relation to a particular case or in relation to such description of cases as may be specified in the consent;\nand the reference in subsection (3) above to the consent of the Secretary of State is a reference to his consent given with the approval of the Treasury.\n(5) The terms referred to in subsection (3) above may, in particular, include provision as to—\n(a) the circumstances in which the assistance must be repaid or otherwise made good to the housing action trust and the manner in which that is to be done; or\n(b) the circumstances in which the housing action trust is entitled to recover the proceeds or part of the proceeds of any disposal of land or buildings in respect of which assistance was provided.\n(6) Any person receiving assistance under subsection (1) above shall comply with the terms on which it is given and compliance may be enforced by the housing action trust.\n\n72 Directions as to exercise of functions.\n(1) In the exercise of its functions, a housing action trust shall comply with any directions given by the Secretary of State.\n(2) Directions given by the Secretary of State may be of a general or particular character and may be varied or revoked by subsequent directions.\n(3) The Secretary of State shall publish any direction given under this section.\n(4) A transaction between any person and a housing action trust acting in purported exercise of its powers under this Part of this Act shall not be void by reason only that the transaction was carried out in contravention of a direction given under this section; and a person dealing with a housing action trust shall not be concerned to see or enquire whether a direction under this section has been given or complied with.\n\n73 Transfer of functions.\n(1) If, in the case of any designated area, it appears to the Secretary of State that it is expedient that the functions of a housing action trust established for the area should be transferred—\n(a) to the housing action trust established for another designated area, or\n(b) to a new housing action trust to be established for the area,\nhe may by order provide for the dissolution of the first-mentioned trust and for the transfer of its functions, property, rights and liabilities to the trust referred to in paragraph (a) above, or, as the case may be, to a new housing action trust established for the area by the order.\n(2) Where an order under this section provides for the functions of a housing action trust established for a designated area to be transferred to the housing action trust established for another designated area—\n(a) the latter trust shall, by virtue of the order, be treated as established for the first-mentioned designated area (as well as the area referred to in subsection (1)(a) above); and\n(b) the order may alter the name of the latter trust in such manner as appears to the Secretary of State to be expedient.\n(3) Before making an order under this section the Secretary of State shall consult the housing action trust whose functions are to be transferred and also, in a case falling within subsection (1)(a) above, the housing action trust to whom the functions are to be transferred.\n(4) An order under this section shall be made by statutory instrument but no such order shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.\n\nTransfer of housing accommodation etc.\n\n74 Transfer of land and other property to housing action trusts.\n(1) The Secretary of State may by order provide for the transfer from a local housing authority to a housing action trust of—\n(a) all or any of the authority’s local authority housing situated in the designated area; and\n(b) any other land held or provided in connection with that local authority housing.\n(2) Without prejudice to the powers under subsection (1) above, if in the opinion of the Secretary of State a housing action trust requires for the purposes of its functions any land which, though not falling within that subsection, is situated in the designated area and held (for whatever purpose) by a local authority, the Secretary of State may by order provide for the transfer of that land to the trust.\n(3) The Secretary of State may by order transfer from a local housing authority or other local authority to a housing action trust so much as appears to him to be appropriate of any property which is held or used by the authority in connection with any local authority housing or other land transferred to the trust under subsection (1) or subsection (2) above; and for this purpose “property” includes chattels of any description and rights and liabilities, whether arising by contract or otherwise.\n(4) A transfer of any local authority housing or other land or property under the preceding provisions of this section shall be on such terms, including financial terms, as the Secretary of State thinks fit; and an order under this section may provide that, notwithstanding anything in section 141 of the Law of Property Act 1925 (rent and benefit of lessee’s covenants to run with the reversion), any rent or other sum which—\n(a) arises under a tenancy of any local authority housing or other land transferred to the housing action trust under subsection (1) or subsection (2) above, and\n(b) falls due before the date of the transfer,\nshall continue to be recoverable by the local housing authority or, as the case may be, the local authority to the exclusion of the trust and of any other person in whom the reversion on the tenancy may become vested.\n(5) Without prejudice to the generality of subsection (4) above, the financial terms referred to in that subsection may include provision for payments by a local authority (as well as or instead of payments to a local authority); and the transfer from a local housing authority or other local authority of any local authority housing or other land or property by virtue of this section shall not be taken to give rise to any right to compensation.\n(6) Where an order is made under this section—\n(a) payments made by a local authority as mentioned in subsection (5) above shall be capital expenditure for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance);\n(b) unless the order otherwise provides, payments made to a local authority as mentioned in subsection (5) above shall be regarded for the purposes of section 9(1) of that Act as sums received by the authority in respect of the disposal by it of an interest in a capital asset.\n(7) Any power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.\n(8) In this section “local authority” means any of the following—\n(a) a local housing authority;\n(b) the council of a county;\n(c) the Inner London Education Authority;\n(d) an authority established by an order under section 10(1) of the Local Government Act 1985 (waste disposal);\n(e) a joint authority established by Part IV of that Act; . . .\n(f) a residuary body established by Part VII of that Act;\n(fa) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;\n(fb) a combined authority established under section 103 of that Act;\n(fc) a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;\n(fd) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;\n(g) the London Fire Commissioner.\n\n75 Supplementary provisions as to transfer orders.\n(1) In this section a “transfer order” means an order under any of subsections (1) to (3) of section 74 above and, in relation to a transfer order, “the transferor authority” means the local housing authority or other local authority from whom local authority housing or other land or property is or is to be transferred by the order.\n(2) Before making a transfer order, the Secretary of State shall consult the transferor authority with respect to—\n(a) the local authority housing or other land or property which it is proposed should be transferred by the order; and\n(b) the terms of the proposed transfer.\n(3) Before making a transfer order with respect to any local authority housing or other land, the Secretary of State shall take such steps as appear to him to be appropriate to bring the proposed transfer to the attention of any secure tenant, ... introductory tenant , tenant who is a secure contract-holder or tenant who is an introductory standard contract-holder or other person (other than a local authority) having an interest in the property proposed to be transferred as lessor, lessee, mortgagor or mortgagee.\n(4) In connection with any transfer made by it, a transfer order may contain such incidental, consequential, transitional or supplementary provisions as appear to the Secretary of State to be necessary or expedient and, in particular, may—\n(a) apply, with or without modification, any provision made by or under any enactment; and\n(b) modify the operation of any provision made by or under any enactment.\n\nVesting and acquisition of land\n\n76 Vesting by order in housing action trust.\n(1) Subject to subsections (2) and (3) below, the Secretary of State may by order provide that land specified in the order which is vested in statutory undertakers or any other public body or in a wholly-owned subsidiary of a public body shall vest in a housing action trust established or to be established for the designated area in which the land is situated.\n(2) An order under this section may not specify land vested in statutory undertakers which is used for the purpose of carrying on their statutory undertakings or which is held for that purpose.\n(3) In the case of land vested in statutory undertakers, the power to make an order under this section shall be exercisable by the Secretary of State and the appropriate Minister.\n(4) Part I of Schedule 9 to this Act shall have effect for supplementing the preceding provisions of this section.\n(5) An order under this section shall have the same effect as a declaration under the Compulsory Purchase (Vesting Declarations) Act 1981 except that, in relation to such an order, the enactments mentioned in Part II of Schedule 9 to this Act shall have effect subject to the modifications specified in that Part.\n(6) Compensation under the Land Compensation Act 1961, as applied by subsection (5) above and Part II of Schedule 9 to this Act, shall be assessed by reference to values current on the date the order under this section comes into force.\n(6A) No order shall be made under this section in relation to a universal service provider (within the meaning of Part 3 of the Postal Services Act 2011).\n(7) An order under this section shall be made by statutory instrument but no such order shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.\n\n77 Acquisition by housing action trust.\n(1) For the purposes of achieving its objects (and performing any of its functions), a housing action trust may acquire land within its designated area by agreement or, on being authorised to do so by the Secretary of State, compulsorily.\n(2) A housing action trust may acquire (by agreement or, on being authorised to do so by the Secretary of State, compulsorily)—\n(a) land adjacent to the designated area which the trust requires for purposes connected with the discharge of its functions in the area; and\n(b) land outside the designated area (whether or not adjacent to it) which the trust requires for the provision of services in connection with the discharge of its functions in the area.\n(3) Where a housing action trust exercises its powers under subsection (1) or subsection (2) above in relation to land which forms part of a common or open space or fuel or field garden allotment, the trust may acquire (by agreement or, on being authorised to do so by the Secretary of State, compulsorily) land for giving in exchange for the land acquired.\n(4) Subject to section 78 below, the Acquisition of Land Act 1981 shall apply in relation to the compulsory acquisition of land in pursuance of the preceding provisions of this section.\n(5) A housing action trust may be authorised by the Secretary of State, by means of a compulsory purchase order, to purchase compulsorily such new rights as are specified in the order—\n(a) being rights over land in the designated area and which the trust requires for the purposes of its functions;\n(b) being rights over land adjacent to the designated area and which the trust requires for purposes connected with the discharge of its functions in the area; and\n(c) being rights over land outside the designated area (whether or not adjacent to it) and which the trust requires for the provision of services in connection with the discharge of its functions in the area.\n(6) In subsection (5) above—\n(a) “new rights” means rights which are not in existence when the order specifying them is made; and\n(b) “compulsory purchase order” has the same meaning as in the Acquisition of Land Act 1981;\nand Schedule 3 to that Act shall apply to a compulsory purchase of a right by virtue of subsection (5) above.\n(7) The provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable), other than section 31, shall apply in relation to the acquisition of land by agreement under this section; and in that Part as so applied “land” has the meaning given by the Interpretation Act 1978.\n\n78 Supplementary provisions as to vesting, acquisition and compensation.\n(1) The Acquisition of Land Act 1981, as applied by section 77 above, shall have effect subject to the modifications in Part I of Schedule 10 to this Act.\n(2) The supplementary provisions in Parts II and III of that Schedule shall have effect, being,—\n(a) as to those in Part II, provisions about land vested in or acquired by a housing action trust under this Part of this Act; and\n(b) as to those in Part III, provisions about the acquisition by a housing action trust of rights over land under section 77(5) above.\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nDisposals of land\n\n79 Disposal of land by housing action trusts.\n(1) Subject to subsection (2) below and any directions given by the Secretary of State, a housing action trust may, with the consent of the Secretary of State, dispose of any land for the time being held by it to such persons, in such manner and on such terms as it considers expedient for the purpose of achieving its objects.\n(2) A housing action trust may not dispose of a house which is for the time being subject to a secure tenancy, ... an introductory tenancy , a tenancy which is a secure contract or a tenancy which is an introductory standard contract except—\n(za) to a non-profit registered provider of social housing,\n(a) to a registered social landlord (within the meaning of Part I of the Housing Act 1996), or\n(b) to a local housing authority or other local authority . . .;\nbut this subsection does not apply to a disposal under Part V of the Housing Act 1985 (the right to buy).\n(3) The reference in subsection (1) above to disposing of land includes a reference to granting an interest in or right over land and, in particular, the granting of an option to purchase the freehold of, or any other interest in, land is a disposal for the purposes of that subsection; and a consent under that subsection given to such a disposal extends to a disposal made in pursuance of the option.\n(4) The consent of the Secretary of State referred to in subsection (1) above may be given—\n(a) either generally to all housing action trusts or to a particular trust or description of trust;\n(b) either in relation to particular land or in relation to land of a particular description; and\n(c) subject to conditions.\n(5) Without prejudice to the generality of subsection (4)(c) above, consent under subsection (1) above may, in particular, be given subject to conditions as to the price, premium or rent to be obtained by the housing action trust on the disposal, including conditions as to the amount by which, on the disposal of a house by way of sale or by the grant or assignment of a lease at a premium, the price or premium is to be, or may be, discounted by the housing action trust.\n(5A) Subsection (2) above has effect as if the saving effected by paragraph 9 of the Schedule to the Housing Act 1996 (Commencement No. 3 and Transitional Provisions) Order 1996 related also to disposals of houses subject to introductory tenancies , tenancies which are secure contracts and tenancies which are introductory standard contracts.\n(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(11) In section 45(2)(b) of the Housing Act 1985 (which defines “public sector authority” for the purposes of provisions of that Act restricting service charges payable after disposal of a house) after the entry “an urban development corporation” there shall be inserted “a housing action trust”.\n(12) A housing action trust shall be treated as a local authority for the purposes of sections 18 to 30 of the Landlord and Tenant Act 1985 (service charges).\n(13) The provisions of Schedule 11 to this Act shall have effect in the case of certain disposals of houses by a housing action trust.\n\n80 Disposals made without consent.\n(1) Any disposal of a house by a housing action trust which is made without the consent required by section 79(1) above is void unless—\n(a) the disposal is to an individual (or to two or more individuals); and\n(b) the disposal does not extend to any other house.\n(2) Subject to subsection (1) above,—\n(a) a disposal of any land made by a housing action trust shall not be invalid by reason only that it is made without the consent required by section 79(1) above; and\n(b) a person dealing with a housing action trust or with a person claiming under such a trust shall not be concerned to see or enquire whether any consent required by section 79(1) above has been obtained.\n\n81 Consent required for certain subsequent disposals.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n82 Provision of legal assistance to tenants after disposal.\n(1) This section applies where a house has been disposed of by a Corporation to disposal falling within section 79(2) above and, in relation to a house provide legal which has been so disposed of, a “transferred tenant” means a tenant of it assistance to who either—\n(a) was the secure tenant, introductory tenant, secure contract holder or introductory standard contract-holder of the house immediately before the disposal; or\n(b) is the widow, widower or surviving civil partner of the person who was then the secure tenant, introductory tenant, secure contract-holder, or introductory standard contract-holder of it.\n(2) On an application by a transferred tenant of a house who is a party or a prospective party to proceedings or prospective proceedings to determine any dispute between himself and the person who acquired the house on the disposal referred to in subsection (1) above, the appropriate authority may give assistance to the transferred tenant if it thinks fit to do so—\n(a) on the ground that the case raises a question of principle; or\n(b) on the ground that it is unreasonable, having regard to the complexity of the case, or to any other matter, to expect the transferred tenant to deal with it without assistance; or\n(c) by reason of any other special consideration.\n(3) Assistance given by the appropriate authority under this section may include—\n(a) giving advice;\n(b) procuring or attempting to procure the settlement of the matter in dispute;\n(c) arranging for the giving of advice or assistance by a solicitor or counsel;\n(d) arranging for representation by a solicitor or counsel, including such assistance as is usually given by a solicitor or counsel in the steps preli*minary or incidental to any proceedings, or in arriving at or giving effect to a compromise to avoid or bring to an end any proceedings; and\n(e) any other form of assistance which the appropriate authority may consider appropriate;\nbut paragraph (d) above does not affect the law and practice regulating the descriptions of persons who may appear in, conduct, defend and address the court in any proceedings.\n(4) In so far as expenses are incurred by the appropriate authority in providing a transferred tenant with assistance under this section, the recovery of those expenses (as taxed or assessed in such manner as may be prescribed by rules of court) shall constitute a first charge for the benefit of the appropriate authority—\n(a) on any costs which (whether by virtue of a judgment or order of a court or an agreement or otherwise) are payable to the tenant by any other person in respect of the matter in connection with which the assistance was given, and\n(b) so far as relates to any costs, on his rights under any compromise or settlement arrived at in connection with that matter to avoid or bring to an end any proceedings;\nbut subject to any charge imposed by section 25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and any provision in, or made under, Part I of that Act for the payment of any sum to the Lord Chancellor.\n(5) In this section “the appropriate authority” means—\n(a) in a case where the disposal mentioned in subsection (1) was to a private registered provider of social housing, the Regulator of Social Housing, and\n(b) in a case where the disposal mentioned in that subsection was to a registered social landlord, the Welsh Ministers.\n\nSecure tenancies and right to buy\n\n83 Application of Parts IV and V of Housing Act 1985.\n(1) Parts IV and V of the Housing Act 1985 (secure tenancies and the right to buy) shall be amended in accordance with this section.\n(2) In section 80(1) (which lists the landlords whose tenancies can qualify as secure tenancies), after the entry specifying a new town corporation there shall be inserted— “ a housing action trust ”.\n(3) In section 108 (heating charges to secure tenants), in paragraph (a) of subsection (5) (the definition of “heating authority”) after the words “housing authority” there shall be inserted “or housing action trust”.\n(4) In section 114 (meaning of “landlord authority” for the purposes of that Part), in each of subsections (1) and (2), after the entry specifying a development corporation, there shall be inserted— “ a housing action trust ”.\n(5) In section 171 (power to extend right to buy where certain bodies hold an interest in a dwelling-house), in subsection (2), after the entry specifying a new town corporation there shall be inserted— “ a housing action trust ”.\n(6) In each of the following provisions (all of which relate to cases where premises are or were let to a person in consequence of employment), namely—\n(a) paragraph 2(1) of Schedule I (tenancies which are not secure tenancies),\n(b) Grounds 7 and 12 of Schedule 2 (grounds for possession of dwelling-houses let under secure tenancies),\n(c) Ground 5 of Schedule 3 (grounds for withholding consent to assignment by way of exchange), and\n(d) paragraph 5 of Schedule 5 (exceptions to the right to buy),\nafter the entry specifying a new town corporation there shall be inserted— “ a housing action trust ”.\n(7) In Schedule 4 (qualifying period for right to buy and discount), inparagraph 7 (the landlord condition) after the entry specifying a new town corporation there shall be inserted— “ a housing action trust ”.\n\n84 Provisions applicable to disposals of dwelling-houses subject to secure tenancies.\n(1) The provisions of this section apply in any case where—\n(a) a housing action trust proposes to make a disposal of one or more houses let on secure tenancies, introductory tenancies, tenancies which are secure contracts or tenancies which are introductory standard contracts which would result in a person who, before the disposal, is a secure tenant, an introductory tenant, a tenant who is a secure contract-holder or a tenant who is an introductory contract-holder of the trust becoming, after the disposal, the tenant of another person, and\n(b) that other person is not a local housing authority or other local authority.\n(2) Before applying to the Secretary of State for consent to the proposed disposal or serving notice under subsection (4) below, the housing action trust shall serve notice in writing on any local housing authority in whose area any houses falling within subsection (1) above are situated—\n(a) informing the authority of the proposed disposal and specifying the houses concerned, and\n(b) requiring the authority within such period, being not less than 28 days, as may be specified in the notice, to serve on the trust a notice under subsection (3) below.\n(3) A notice by a local housing authority under this subsection shall inform the housing action trust, with respect to each of the houses specified in the notice under subsection (2) above which is in the authority’s area, of the likely consequences for the tenant if the house were to be acquired by the authority.\n(4) Before applying to the Secretary of State for consent to the proposed disposal, and after the expiry of the period specified in the notice under subsection (2) above, the housing action trust shall serve notice in writing on the tenant who is the secure contract-holder, the tenant who is the introductory standard contract-holder, the secure tenant or, as the case may be, introductory tenant—\n(a) informing him of the proposed disposal and of the name of the person to whom the disposal is to be made;\n(b) containing such other details of the disposal as seem to the trust to be appropriate;\n(c) informing him of the likely consequences of the disposal on his position as a tenant who is a secure contract-holder, tenant who is an introductory contract-holder, secure tenant or an introductory tenant and, if appropriate, of the effect of sections 171A to 171H of the Housing Act 1985 (preservation of right to buy on disposal to private sector landlord);\n(d) if the local housing authority in whose area the house of which he is tenant is situated has served notice under subsection (3) above, informing him (in accordance with the information given in the notice) of the likely consequences for him if the house were to be acquired by that authority;\n(e) informing him, if he wishes to become a tenant of that authority, of his right to make representations to that effect under paragraph (f) below and of the rights conferred by section 84A below;\n(f) informing him of his right to make representations to the trust with respect to the proposed disposal within such period, being not less than 28 days, as may be specified in the notice.\n(5) If, by virtue of any representations made to the housing action trust in accordance with subsection (4)(f) above, section 84A below applies in relation to any house or block of flats, the trust shall—\n(a) serve notice of that fact on the Secretary of State, on the local housing authority and on the tenant of the house or each of the tenants of the block, and\n(b) so amend its proposals with respect to the disposal as to exclude the house or block;\nand in this subsection “ house ” and “ block of flats ” have the same meanings as in that section.\n(5A) The housing action trust shall consider any other representations so made and, if it considers it appropriate to do so having regard to any of those representations—\n(a) may amend (or further amend) its proposals with respect to the disposal, and\n(b) in such a case, shall serve a further notice under subsection (4) above (in relation to which this subsection will again apply).\n(6) When applying to the Secretary of State for consent to the proposed disposal (as amended, where appropriate, by virtue of subsection (5) or subsection (5A) above) the housing action trust shall furnish to him—\n(a) a copy of any notice served on it under subsection (3) above or served by it under subsection (4) above;\n(b) a copy of any representations received by the trust; and\n(c) a statement of the consideration given by the trust to those representations.\n(7) Without prejudice to the generality of section 72 above, where an application is made to the Secretary of State for consent to a disposal to which this section applies, or a disposal which would be such a disposal if subsection (1)(b) above were omitted, the Secretary of State may, by a direction under that section, require the housing action trust—\n(a) to carry out such further consultation or, as the case may be, such consultation with respect to the proposed disposal as may be specified in the direction; and\n(b) to furnish to him such information as may be so specified with respect to the results of that consultation.\n(8) Notwithstanding the application to a housing action trust of Part IV of the Housing Act 1985 (secure tenancies) of Chapter 1 of Part V of the Housing Act 1996 (introductory tenancies), a disposal falling within subsection (1) above shall be treated as not being a matter of housing management to which section 105 of the Act of 1985 applies (in the case of secure tenants) or section 137 of the Act of 1996 applies (in the case of introductory tenants).\n\n84A Transfer by order of certain dwelling-houses let on secure tenancies.\n(1) This section applies in relation to any house or block of flats specified in a notice under subsection (2) of section 84 above if—\n(a) in the case of a house, the tenant makes representations in accordance with paragraph (f) of subsection (4) of that section to the effect that he wishes to become a tenant of the local housing authority in whose area the house is situated; or\n(b) in the case of a block of flats, the majority of the tenants who make representations in accordance with that paragraph make representations to the effect that they wish to become tenants of the local housing authority in whose area the block is situated.\n(2) The Secretary of State shall by order provide for the transfer of the house or block of flats from the housing action trust to the local housing authority.\n(3) The Secretary of State may also by order transfer from the housing action trust to the local housing authority so much as appears to the Secretary of State to be appropriate of any property belonging to or usually enjoyed with the house or, as the case may be, the block or any flat contained in it; and for this purpose “ property ” includes chattels of any description and rights and liabilities, whether arising by contract or otherwise.\n(4) A transfer of any house, block of flats or other property under this section shall be on such terms, including financial terms, as the Secretary of State thinks fit; and an order under this section may provide that, notwithstanding anything in section 141 of the Law of Property Act 1925 (rent and benefit of lessee’s covenants to run with the reversion), any rent or other sum which—\n(a) arises under the tenant’s tenancy or any of the tenants’ tenancies, and\n(b) falls due before the date of the transfer,\nshall continue to be recoverable by the housing action trust to the exclusion of the authority.\n(5) Without prejudice to the generality of subsection (4) above, the financial terms referred to in that subsection may include provision for payments to a local housing authority (as well as or instead of payments by a local housing authority); and the transfer from a housing action trust of any house, block of flats or other property by virtue of this section shall not be taken to give rise to any right to compensation.\n(6) In this section—\n  * “ block of flats ” means a building containing two or more flats;\n  * “ common parts ”, in relation to a building containing two or more flats, means any parts of the building which the tenants of the flats are entitled under the terms of their tenancies to use in common with each other;\n  * “ flat ” and “ house ” have the meanings given by section 183 of the Housing Act 1985;\nand any reference to a block of flats specified in a notice under section 84(2) above is a reference to a block in the case of which each flat which is let on a tenancy which is a secure contract, a tenancy which is an introductory standard contract, a secure tenancy or an introductory tenancy is so specified.\n(7) For the purposes of subsection (6) above, a building which contains—\n(a) one or more flats which are let, or available for letting, on tenancies which are secure contracts or tenancies which are introductory standard contracts, secure tenancies or introductory tenancies by the housing action trust concerned, and\n(b) one or more flats which are not so let or so available,\nshall be treated as if it were two separate buildings, the one containing the flat or flats mentioned in paragraph (a) above and the other containing the flat or flats mentioned in paragraph (b) above and any common parts.\n\nRents\n\n85 Rents generally.\n(1) A housing action trust may make such reasonable charges as it may determine for the tenancy or occupation of housing accommodation for the time being held by it.\n(2) A housing action trust shall from time to time review rents and make such changes, either of rents generally or of particular rents, as circumstances may require.\n(3) The Renting Homes (Wales) Act 2016 (anaw 1) which provides for the variation of rent and other consideration payable under an occupation contract (for provision in relation to secure contracts see section 104 (variation of rent) and section 105 (variation of other consideration); for periodic standard contracts see section 123 (variation of rent) and section 124 (variation of other consideration); and for fixed term standard contracts see section 134 (variation) and section 135 (limitation on variation)) shall apply in respect of any housing accommodation subject to an occupation contract.\n\n86 Increase of rent where tenancy not secure.\n(1) This section applies where a dwelling-house is let by a housing action trust on a periodic tenancy which is not a secure tenancy, ... an introductory tenancy , or an occupation contract.\n(2) The rent payable under the tenancy may, without the tenancy being terminated, be increased with effect from the beginning of a rental period by a written notice of increase given by the housing action trust to the tenant.\n(3) A notice under subsection (2) above is not effective unless—\n(a) it is given at least four weeks before the first day of the rental period, or any earlier day on which the payment of rent in respect of that period falls to be made;\n(b) it tells the tenant of his right to terminate the tenancy and of the steps to be taken by him if he wishes to do so; and\n(c) it gives him the, dates by which, if (by virtue of subsection (4) below) the increase is not to be effective, a notice to quit must be received by the trust and the tenancy be made to terminate.\n(4) Where a notice is given under subsection (2) above specifying an increase in rent with effect from the beginning of a rental period and the tenancy continues into that period, the notice shall not have effect if—\n(a) the tenancy is terminated by notice to quit given by the tenant in accordance with the provisions (express or implied) of the tenancy;\n(b) the notice to quit is given before the expiry of the period of two weeks beginning on the day following the date on which the notice of increase is given, or before the expiry of such longer period as may be allowed by the notice of increase; and\n(c) the date on which the tenancy is made to terminate is not later than the earliest day on which the tenancy could be terminated by a notice to quit given by the tenant on the last day of that rental period.\n(5) In this section “rental period” means a period in respect of which a payment of rent falls to be made.\n\nAgency and dissolution\n\n87 Agency agreements.\n(1) With the approval of the Secretary of State, a housing action trust may enter into an agreement with another person whereby, in relation to any housing accommodation or other land held by the trust which is specified in the agreement, that other person shall exercise, as agent of the trust, such of the functions of the trust as are so specified.\n(2) An agreement under subsection (1) above shall set out the terms on which the functions of the housing action trust are exercisable by the person who, under the agreement, is the agent of the trust (in this Part of this Act referred to as “the agent”).\n(3) Where the agent is a body or association, an agreement under subsection (1) above may provide that the functions of the agent under the agreement may be performed by a committee or sub-committee, or by an officer, of the body or association.\n(4) The approval of the Secretary of State under subsection (1) above may be given unconditionally or subject to conditions.\n(5) References in this section to the functions of a housing action trust in relation to housing accommodation or other land include—\n(a) functions conferred by any statutory provision, and\n(b) the powers and duties of the trust as holder of an estate or interest in the housing accommodation or land in question.\n\n88 Dissolution of housing action trust.\n(1) A housing action trust shall use its best endeavours to secure that its objects are achieved as soon as practicable.\n(2) Where it appears to a trust that its objects have been substantially achieved, it shall—\n(a) so far as practicable, dispose or arrange to dispose of any remaining property, rights or liabilities of the trust in accordance with the preceding provisions of this Part of this Act; and\n(b) submit proposals to the Secretary of State for—\n(i) the dissolution of the trust;\n(ii) the disposal to any person of any remaining property, rights or liabilities of the trust which it has not been able to dispose of or arrange to dispose of under paragraph (a) above;and\n(iii) the transfer of any function exercisable by the trust to another person (including, where appropriate, a person with whom the trust has entered into an agreement under section 87 above).\n(3) The Secretary of State may by order provide for the dissolution of a housing action trust and for any such disposal or transfer as is mentioned in subsection (2)(b) above, whether by way of giving effect (with or without modifications) to any proposals submitted to him under subsection (2) above or otherwise.\n(4) Any order under this section—\n(a) where it provides for any such disposal or transfer as is mentioned in subsection (2)(b) above, may be on such terms, including financial terms, as the Secretary of State thinks fit and may create or impose such new rights or liabilities in respect of what is transferred as appear to him to be necessary or expedient;\n(aa) where it provides for any such disposal or transfer as is mentioned in subsection (2)(b) above, may contain provisions—\n(i) establishing new bodies corporate to receive the disposal or transfer; or\n(ii) amending, repealing or otherwise modifying any enactment for the purpose of enabling any body established under any enactment to receive the disposal or transfer;\n(b) may contain such supplementary and transitional provisions as the Secretary of State thinks necessary or expedient, including provisions amending , repealing or otherwise modifying any enactment; and\n(c) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.\n(5) In this section “enactment” includes any instrument made under any enactment.\n\nMiscellaneous and general\n\n89 Supply of goods and services.\n(1) A housing action trust and an urban development corporation established by an order under section 135 of the Local Govemment, Planning and Land Act 1980, or a housing action trust and a Mayoral development corporation, may enter into any agreement with each other for all or any of the purposes set out in section 1(1) of the Local Authorities (Goods and Services) Act 1970, as if they were local authorities within the meaning of section I of that Act.\n(2) Without prejudice to subsection (1) above, in section 1(4) of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities to public bodies), after the words “ “public body” means any local authority” there shall be inserted “housing action trust established under Part III of the Housing Act 1988”.\n\n90 Information\n(1) If required to do so by notice in writing given by the Secretary of State for any of the purposes mentioned in subsection (3) below, a local authority,—\n(a) at such time and place as may be specified in the notice, shall produce any document; or\n(b) within such period as may be so specified, or such longer period as the Secretary of State may allow, shall furnish a copy of any document or supply any information;\nbeing a document, copy or information of a description specified in the notice.\n(2) Where notice is given to a local authority under subsection (1) above, any officer of the authority—\n(a) who has the custody or control of any document to which the notice relates, or\n(b) who is in a position to give information to which the notice relates,\nshall take all reasonable steps to ensure that the notice is complied with.\n(3) The purposes referred to in subsection (1) above are—\n(a) determining whether the Secretary of State should make a designation order in respect of any area;\n(b) where a designation order is to be or has been made, detemining whether, and to what extent, he should exercise any of his other powers under this Part of this Act; and\n(c) enabling him to provide information to a housing action trust the better to enable it to carry out its functions.\n(4) Without prejudice to the generality of subsection (1) above, among the information which may be required by a notice under that subsection is information with respect to the interests in, and the occupation of, land held by a local authority and, in particular, information with respect to any matter entered in a register kept under the Land Registration Act 2002 or the Land Charges Act 1972.\n(5) To any extent to which, apart from this subsection, he would not be able to do so, the Secretary of State may use, for any of the purposes mentioned in subsection (3) above, any infor*mation obtained by him under, or in connection with his functions under, the Housing Act 1985 or any other enactment.\n(6) If the Secretary of State considers it necessary or desirable to do so in order the better to enable a housing action trust to carry out its functions, he may disclose to the trust any information originally obtained by him for a purpose falling within paragraph (a) or paragraph (b) of subsection (3) above as well as information obtained for the purpose referred to in paragraph (c) of that subsection.\n(7) In this section “local authority” has the same meaning as in section 74 above.\n\n91\n(1) This section has effect in relation to any notice required or notices. authorised by this Part of this Act to be served on any person by a housing action trust.\n(2) Any such notice may be served on the person in question either by delivering it to him, or by leaving it at his proper address, or by sending it by post to him at that address.\n(3) Any such notice may—\n(a) in the case of a body corporate, be given to or served on the secretary or clerk of that body; and\n(b) in the case of a partnership, be given to or served on a partner or a person having the control or management of the partnership business.\n(4) For the purposes of this section and of section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of any person to or on whom a notice is to be given or served shall be his last known address, except that—\n(a) in the case of a body corporate or its secretary or clerk, it shall be the address of the registered or principal office of that body; and\n(b) in the case of a partnership or a person having the control or management of the partnership business, it shall be that of the principal office of the partnership;\nand for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be its principal office within the United Kingdom.\n(5) If the person to be given or served with any notice mentioned in subsection (1) above has specified an address within the United Kingdom other than his proper address within the meaning of subsection (4) above as the one at which he or someone on his behalf will accept documents of the same description as that notice, that address shall also be treated for the purposes of this section and section 7 of the Interpretation Act 1978 as his proper address.\n(6) If the name or address of any owner, lessee or occupier of land to or PART III on whom any notice mentioned in subsection (1) above is to be served cannot after reasonable inquiry be ascertained, the document may be served either by leaving it in the hands of a person who is or appears to be resident or employed on the land or by leaving it conspicuously affixed to some building or object on the land.\n\n92 Interpretation of Part III.\n(1) In this Part of this Act, except where the context otherwise requires,—\n(a) “designated area” and “designation order” have the meaning assigned by section 60(6) above;\n(b) any reference to a “house” includes a reference to a flat and to any yard, garden, outhouses and appurtenances belonging to the house or flat or usually enjoyed with it;\n(c) “housing accommodation” includes flats, lodging-houses and hostels;\n(ca) “introductory tenancy” has the same meaning as in Chapter I of Part V of the Housing Act 1996 and “introductory tenant” shall be construed accordingly;\n(d) “local housing authority” has the same meaning as in the Housing Act 1985 and section 2 of that Act (the district of a local housing authority) has effect in relation to this Part of this Act as it has effect in relation to that Act;\n(e) “local authority housing” means housing accommodation provided by a local housing authority (whether in its own district or not);\n(f) “secure tenancy” has the meaning assigned by section 79 of the Housing Act 1985 and “secure tenant” shall be construed accordingly; and\n(g) “the 1990 Act” means the Town and Country Planning Act 1990\n(1A) The following terms have the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1)—\n  * “contract-holder” (see section 7 of that Act);\n  * “introductory standard contract” (see section 16 of that Act);\n  * “occupation contract” (see section 7 of that Act);\n  * “secure contract” (see section 8 of that Act).\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nPart IV\n\nPreliminary\n\n93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nInitial procedures\n\n96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nSpecial cases\n\n100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nFinal procedures\n\n102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n104 Duty to complete and consequences of completion.\n\nSubsequent disposals\n\n105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nSupplemental\n\n106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n111 Power to prescribe forms etc.\n\n112 Orders and regulations.\n\n113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n114 Interpretation of Part IV.\n\nPart V Miscellaneous and General\n\nLeases\n\n115 Premiums on long leases.\n(1) With respect to —\n(a) any premium received or required to be paid after the commencement of this Act, or\n(b) any loan required to be made after that commencement,\nsection 127 of the Rent Act 1977 (allowable premiums in relation to certain long tenancies) shall have effect subject to the amendments in subsections (2) and (3) below.\n(2) For subsections (2) and (3) there shall be substituted the following subsections—\n“(2)The conditions mentioned in subsection (1)(a) above are—\n(a) that the landlord has no power to determine the tenancy at any time within twenty years beginning on the date when it was granted; and\n(b) that the terms of the tenancy do not inhibit both the assignment and the underletting of the whole of the premises comprised in the tenancy;\nbut for the purpose of paragraph (b) above there shall be disregarded any term of the tenancy which inhibits assignment and underletting only during a period which is or falls within the final seven years of the term for which the tenancy was granted.\n(3) The reference in subsection (2) above to a power of the landlord to determine a tenancy does not include a reference to a power of re-entry or forfeiture for breach of any term or condition of the tenancy.”\n(3) Subsections (3C) and (3D) shall be omitted and in subsection (5) for “(2)(c)” there shall be substituted “(2)(b)”.\n(4) Expressions used in subsection (1) above have the same meaning as in Part IX of the Rent Act 1977.\n\n116 Repairing obligations in short leases.\n(1) In section II of the Landlord and Tenant Act 1985 (repairing obligations in short leases) after subsection (1) there shall be inserted the following subsections—\n“(1A)If a lease to which this section applies is a lease of a dwelling- house which forms part only of a building, then, subject to subsection (IB), the covenant implied by subsection (1) shall have effect as if—\n(a) the reference in paragraph (a) of that subsection to the dwelling-house included a reference to any part of the building in which the lessor has an estate or interest; and\n(b) any reference in paragraphs (b) and (c) of that subsection to an installation in the dweiling-house included a reference to an installation which, directly or indirectly, serves the dwelling-house and which either—\n(i) forms part of any part of a building in which the lessor has an estate or interest; or\n(ii) is owned by the lessor or under his control.\n(1B) Nothing in subsection (IA) shall be construed as requiring the lessor to carry out any works or repairs unless the disrepair (or failure to maintain in working order) is such as to affect the lessee’s enjoyment of the dwelling-house or of any common parts, as defined in section 60(1) of the Landlord and Tenant Act 1987, which the lessee, as such, is entitled to use.”\n(2) After subsection (3) of that section there shall be inserted the following subsection—\n“(3A)In any case where—\n(a) the lessor’s repairing covenant has effect as mentioned in subsection (IA), and\n(b) in order to comply with the covenant the lessor needs to carry out works or repairs otherwise than in, or to an installation in, the dwelling-house, and\n(c) the lessor does not have a sufficient right in the part of the building or the installation concerned to enable him to carry out the required works or repairs,\nthen, in any proceedings relating to a failure to comply with the lessor’s repairing covenant, so far as it requires the lessor to carry out the works or repairs in question, it shall be a defence for the lessor to prove that he used all reasonable endeavours to obtain, but was unable to obtain, such rights as would be adequate to enable him to carry out the works or repairs.”\n(3) At the end of section 14(4) of the said Act of 1985 (which excludes from section II certain leases granted to various bodies) there shall be added—\n“a housing action trust established under Part 111 of the Housing Act 1988”.\n(4) The amendments made by this section do not have effect with respect to—-\n(a) a lease entered into before the commencement of this Act; or\n(b) a lease entered into pursuant to a contract made before the commencement of this Act.\n\n117 Certain tenancies excluded from bankrupt’s estate\n(1) In section 283 of the Insolvency Act 1986 (definition of bankrupt’s estate) at the end of subsection (3) (property excluded from the estate) there shall be inserted the following subsection—\n“(3A)Subject to section 308A in Chapter IV, subsection (1) does not apply to—\n(a) a tenancy which is an assured tenancy or an assured agricultural occupancy, within the meaning of Part I of the Housing Act 1988, and the terms of which inhibit an assignment as mentioned in section 127(5) of the Rent Act 1977, or\n(b) a protected tenancy, within the meaning of the Rent Act 1977, in respect of which, by virtue of any provision of Part IX of that Act, no premium can lawfully be required as a condition of assignment, or\n(c) a tenancy of a dwelling-house by virtue of which the bankrupt is, within the meaning of the Rent (Agriculture) Act 1976, a protected occupier of the dwelling-house, and the terms of which inhibit an assignment as mentioned in section 127(5) of the Rent Act 1977, or\n(d) a secure tenancy, within the meaning of Part IV of the Housing Act 1985, which is not capable of being assigned, except in the cases mentioned in section 91(3) of that Act.”\n(2) After section 308 of that Act there shall be inserted the following section—\n\n“308A Vesting in trustee of certain tenancies.\nUpon the service on the bankrupt by the trustee of a notice in writing under this section, any tenancy—\n(a) which is excluded by virtue of section 283(3A) from the bankrupt’s estate, and\n(b) to which the notice relates,\nvests in the trustee as part of the bankrupt’s estate; and, except against a purchaser in good faith, for value and without notice of the bankruptcy, the trustee’s title to that tenancy has relation back to the commencement of the bankruptcy.”\n(3) In section 309 of that Act (time-limit for certain notices) in subsection (1)(b)—\n(a) after the words “section 308” there shall be inserted “or section 308A”; and\n(b) after the words “the property” there shall be inserted “or tenancy”.\n(4) In section 315 of that Act (disclaimer (general power)), in subsection (4) after the words “reasonable replacement value)” there shall be inserted “or 308A”.\n\n118 Certain tenancies excluded from debtor’s estate: Scotland.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n119 Amendment of Landlord and Tenant Act 1987.\nThe Landlord and Tenant Act 1987 shall have effect subject to the amendments in Schedule 13 to this Act.\n\nRent Officers\n\n120 Appointment etc. of rent officers.\nSection 63 of the Rent Act 1977 (schemes for the appointment of rent officers) shall have effect subject to the amendments in Part I of Schedule 14 to this Act and after section 64 of that Act there shall be inserted the sections set out in Part II of that Schedule.\n\n121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nRight to buy etc. and grants to obtain accommodation\n\n122 Variation of cost floor for right to buy discount.\n(1) Section 131 of the Housing Act 1985 (limits on amount of discount in relation to the right to buy) shall be amended in accordance with subsections (2) and (3) below.\n(2) In subsection (1) (the cost floor provision) for paragraph (a) there shall be substituted the following paragraph—\n“(a)is to be treated as incurred at or after the beginning of that period of account of the landlord in which falls the date which is eight years, or such other period of time as may be specified in an order made by the Secretary of State, earlier than the relevant time, and”.\n(3) After subsection (1) there shall be inserted the following subsection—\n“(1A)In subsection (1)(a) above “ period of account”, in relation to any costs, means the period for which the landlord made up those of its accounts in which account is taken of those costs.”\n(4) This section has effect in relation to the determination of discount in any case where—\n(a) the relevant time falls on or after the date on which this section comes into force; or\n(b) paragraph (a) above does not apply but the landlord has not before that date served on the tenant a notice complying with section 125 of the Housing Act 1985; or\n(c) the tenant has before that date claimed to exercise the right to be granted a shared ownership lease but the landlord has not before that date served on the tenant a notice complying with section 147 of that Act; or\n(d) the tenant has before that date served a notice under paragraph I of Schedule 8 to that Act (claiming to exercise the right to acquire an additional share under a shared ownership lease but the landlord has not before that date served a notice under sub- paragraph (3) of that paragraph;\nand, for the purposes of this subsection, no account shall be taken of any steps taken under section 177 of that Act (amendment or withdrawal and re-service of notice to correct mistakes).\n(5) Expressions used in subsection (4) above have the same meaning as in Part V of the Housing Act 1985.\n\n123 Amendment of Schedule 5 to Housing Act 1985.\n(1) Schedule 5 of the Housing Act 1985 (exceptions to the right to buy) shall be amended in accordance with this section.\n(2) Paragraphs 6 and 8 shall be omitted. Housing Act 1985.\n(3) The repeal by this Act of paragraphs 6 and 8 of Schedule 5 shall not affect the operation of either of those paragraphs in any case where the tenant’s notice claiming to exercise the right to buy was served before the repeal comes into force unless, at that time, no notice in response had been served under section 124 of the Housing Act 1985 (landlord’s notice admitting or denying right to buy).\n(4) For the purposes of subsection (3) above, no account shall be taken of any steps taken under section 177 of the Housing Act 1985 (amendment or withdrawal and re-service of notice to correct mistakes).\n\n124 Right to buy: tenant’s sanction for landlord’s delays.\nAfter section 153 of the Housing Act 1985 there shall be inserted the following sections—\n\n“153A Tenant’s notices of delay.\n(1) Where a secure tenant has claimed to exercise the right to buy, he may serve on his landlord a notice (in this section referred to as an “initial notice of delay”) in any of the following cases, namely,—\n(a) where the landlord has failed to serve a notice under section 124 within the period appropriate under subsection (2) of that section;\n(b) where the tenant’s right to buy has been established and the landlord has failed to serve a notice under section 125 within the period appropriate under subsection (1) of that section;\n(c) where the tenant has claimed to exercise the right to be granted a shared ownership lease and the landlord has failed to serve a notice under section 146 within the period of the four weeks required by that section;\n(d) where the tenant’s right to a shared ownership lease has been established and the landlord has failed to serve a notice under section 147 within the period of the eight weeks required by that section; or\n(e) where the tenant considers that delays on the part of the landlord are preventing him from exercising expeditiously his right to buy or his right to be granted a shared ownership lease;\nand where an initial notice of delay specifies any of the cases in paragraphs (a) to (d), any reference in this section or section 153B to the default date is a reference to the end of the period referred to in the paragraph in question or, if it is later, the day appointed for the coming into force of section 124 of the Housing Act 1988.\n(2) An initial notice of delay—\n(a) shall specify the most recent action of which the tenant is aware which has been taken by the landlord pursuant to this Part of this Act; and\n(b) shall specify a period (in this section referred to as “the response period”), not being less than one month, beginning on the date of service of the notice, within which the. service by the landlord of a counter notice under subsection (3) will have the effect of cancelling the initial notice of delay.\n(3) Within the response period specified in an initial notice of delay or at any time thereafter, the landlord may serve on the tenant a counter notice in either of the following circumstances—\n(a) if the initial notice specifies any of the cases in paragraphs (a) to (d) of subsection (1) and the landlord has served, or is serving together with the counter notice, the required notice under section 124, section 125, section 146 or section 147, as the case may be; or\n(b) if the initial notice specifies the case in subsection (1)(e) and there is no action under this Part which, at the beginning of the response period, it was for the landlord to take in order to allow the tenant expeditiously to exercise his right to buy or his right to be granted a shared ownership lease and which remains to be taken at the time of service of the counter notice.\n(4) A counter notice under subsection (3) shall specify the circumstances by virtue of which it is served.\n(5) At any time when—\n(a) the response period specified in an initial notice of delay has expired, and\n(b) the landlord has not served a counter notice under subsection (3),\nthe tenant may serve on the landlord a notice (in this section and section153B referred to as an “operative notice of delay”) which shall state that section 153B will apply to payments of rent made by the tenant on or after the default date or, if the initial notice of delay specified the case in subsection (1)(e), the date of the service of the notice.\n(6) If, after a tenant has served an initial notice of delay, a counter notice has been served under subsection (3), then, whether or not the tenant has also served an operative notice of delay, if any of the cases in subsection (1) again arises, the tenant may serve a further initial notice of delay and the provisions of this section shall apply again accordingly.\n\n153B Payments of rent attributable to purchase price etc.\n(1) Where a secure tenant has served on his landlord an operative notice of delay, this section applies to any payment of rent which is made on or after the default date or, as the case may be, the date of the service of the notice and before the occurrence of any of the following events (and, if more than one event occurs, before the earliest to occur—\n(a) the service by the landlord of a counter notice under section 153A(3);\n(b) the date on which the landlord makes to the tenant the grant required by section 138 or, as the case may be, section 150;\n(c) the date on which the tenant serves notice under section 142(2) (claiming to be entitled to defer completion);\n(d) the date on which the tenant withdraws or is deemed to have withdrawn the notice claiming to exercise the right to buy or, as the case may be, the notice claiming to exercise the right to be granted a shared ownership lease; and\n(e) the date on which the tenant ceases to be entitled to exercise the right to buy.\n(2) Except where this section ceases to apply on a date determined under any of paragraphs (c) to (e) of subsection (1), so much of any payment of rent to which this section applies as does not consist of—\n(a) a sum due on account of rates, or\n(b) a service charge (as defined in section 62 1 A),\nshall be treated not only as a payment of rent but also as a payment on account by the tenant which is to be taken into account in accordance with subsection (3).\n(3) In a case where subsection (2) applies, the amount which, apart from this section, would be the purchase price or, as the case may be, the tenant’s initial contribution for the grant of a shared ownership lease shall be reduced by an amount equal to the aggregate of—\n(a) the total of any payments on account treated as having been paid by the tenant by virtue of subsection (2); and\n(b) if those payments on account are derived from payments of rent referable to a period of more than twelve months, a sum equal to the appropriate percentage of the total referred to in paragraph (a).\n(4) In subsection (3)(b) “the appropriate percentage” means 50 per cent. or such other percentage as may be prescribed.”\n\n125 Restriction on letting etc. of certain houses in National Parks etc.\n(1) Section 37 of the Housing Act 1985 (restriction on disposals of dwelling-houses in National Parks etc.) shall be amended in accordance with this section.\n(2) In subsection (2) (the covenanted limitation) after the word “his” there shall be inserted “ “(a) ” and at the end there shall be added “and\n(b) there will be no disposal by way of tenancy or licence without the written consent of the authority unless the disposal is to a person satisfying that condition or by a person whose only or principal home is and, throughout the duration of the tenancy or licence, remains the house”.\n(3) In subsection (3) (disposals limited to persons employed or living locally) after the words “application for consent” there shall be inserted the words “ or, in the case of a disposal by way of tenancy or licence, preceding the disposal ”.\n(4) At the end of subsection (4) (disposals in breach of covenant to be void) there shall be added “and, so far as it relates to disposals by way of tenancy or licence, such a covenant may be enforced by the local authority as if—\n(a) the authority were possessed of land adjacent to the house concerned; and\n(b) the covenant were expressed to be made for the benefit of such adjacent land”.\n(5) After subsection (4) there shall be inserted the following subsection—\n“(4A)Any reference in the preceding provisions of this section to a disposal by way of tenancy or licence does not include a reference to a relevant disposal or an exempted disposal.”\n(6) This section has effect where the conveyance, grant or assignment referred to in subsection (1) of section 37 is executed on or after the commencement of this Act.\n\n126 Restriction on disposal of dwelling-houses in National Parks etc. acquired under the right to buy.\n(1) In Part V of the Housing Act 1985 (the right to buy), section 157 (restriction on disposal of dwelling-houses in National Parks etc.) shall be amended in accordance with this section.\n(2) In subsection (2) (the covenanted limitation) after the word “his” there shall be inserted “ “(a) ” and at the end there shall be added “and—\n(b) there will be no disposal by way of tenancy or licence without the written consent of the landlord unless the disposal is to a person satisfying that condition or by a person whose only or principal home is and, throughout the duration of the tenancy or licence, remains the dwelling-house”.\n(3) In subsection (3) (disposals limited to persons employed or living locally) after the words “application for consent” there shall be inserted the words “ “or, in the case of a disposal by way of tenancy or licence, preceding the disposal ”.\n(4) At the end of subsection (6) (disposals in breach of covenant to be void) there shall be added “and, so far as it relates to disposals by way of tenancy or licence, such a covenant may be enforced by the landlord as if—\n(a) the landlord were possessed of land adjacent to the house concerned; and\n(b) the covenant were expressed to be made for the benefit of such adjacent land”.\n(5) After subsection (6) there shall be inserted the following subsection—\n“(6A)Any reference in the preceding provisions of this section to a disposal by way of tenancy or licence does not include a reference to a relevant disposal or an exempted disposal.”\n(6) This section has effect where the conveyance or grant referred to in subsection (1) of section 157 is executed on or after the commencement of this Act.\n\n127 Preserved right to buy.\n(1) In subsection (4) of section 171B of the Housing Act 1985 for paragraph (a) there shall be substituted the following paragraphs—\n“(a)where the former secure tenancy was not a joint tenancy and, immediately before his death, the former secure tenant was tenant under an assured tenancy of a dwelling-house in relation to which he had the preserved right to buy, a member of the former secure tenant’s family who acquired that assured tenancy under the will or intestacy of the former secure tenant;\n(aa) where the former secure tenancy was not a joint tenancy, a member of the former secure tenant’s family to whom the former secure tenant assigned his assured tenancy of a dwelling-house in relation to which, immediately before the assignment, he had the preserved right to buy”.\n(2) In subsection (2)(a) of section 171C of that Act after the word “paragraphs” there shall be inserted “ “1, 3 and ”.\n(3) After subsection (4) of that section there shall be added the following subsection—\n“(5)The disapplication by the regulations of paragraph I of Schedule 5 shall not be taken to authorise any action on the part of a charity which would conflict with the trusts of the charity.”\n\n128 Preservation of right to buy on disposal to private sector landlord: Scotland.\nAfter section 81 of the Housing (Scotland) Act 1987 there shall be inserted the following section—\n\n“ Preservation of right to buy on disposal to private sector landlord\n\n81A Preservation of right to buy on disposal to private sector landlord\n\n(1) The right to buy provisions shall continue to right to buy on apply where a person ceases to be a secure tenant of a disposal to house by reason of the disposal by the landlord of an private sector interest in the house to a private sector landlord.\n(2) The right to buy provisions shall not, however, continue to apply under subsection (1) in such circumstances as may be prescribed.\n(3) The continued application under subsection (1) of the right to buy provisions shall be in accordance with and subject to such provision as is prescribed which may—\n(a) include—\n(i) such additions and exceptions to, and adaptations and modifications of, the right to buy provisions in their continued application by virtue of this section; and\n(ii) such incidental, supplementary and transitional provisions;\nas the Secretary of State considers appropriate;\n(b) differ as between different cases or descriptions of case and as between different areas;\n(c) relate to a particular disposal.\n(4) Without prejudice to the generality of subsection (3), provision may be made by virtue of it—\n(a) specifying the persons entitled to the benefit of the right to buy provisions in their continued application by virtue of this section;\n(b) preventing, except with the consent of the Secretary of State, the disposal by the private sector landlord of less than his whole interest in a house in relation to which the right to buy provisions continue to apply by virtue of this section;\n(c) ensuring that where, under Ground 9 of Schedule 5 to the Housing (Scotland) Act 1988 (availability of suitable alternative accommodation), the sheriff makes an order for possession of a house in relation to which the right to buy provisions continue to apply by virtue of this section and the tenant would not have the right under this Part (other than this section) to buy the house which is or will be available by way of alternative accommodation, these provisions as so continued will apply in relation to the house which is or will be so available.\n(5) In this section—\n(a) “secure tenant” means a tenant under a secure tenancy;\n(b) “private sector landlord” means a landlord other than one of those set out in sub-paragraphs (i) to (iv) and (viii) and (ix) of paragraph (a) of subsection (2) of section 61;\n(c) the “right to buy provisions” means the provisions of this Act relating to the right of a tenant of a house to purchase it under this Part and to his rights in respect of a loan.”\n\n129 Schemes for payments to assist local housing authority tenants to obtain other accomodation.\n(1) In accordance with a scheme made by a local housing authority and , where the authority is in Wales, approved by the Secretary of State under this section, the authority may make grants to or for the benefit of qualifying tenants or licensees of the authority with a view to assisting each person to whom or for whose benefit a grant is made to obtain accommodation otherwise than as a tenant or licensee of the authority either—\n(a) by acquiring an interest in a dwelling-house; or\n(b) by carrying out works to a dwelling-house to provide additional accommodation; or\n(c) by both of those means.\n(2) A scheme under this section shall contain such provisions as the local housing authority considers appropriate together with , where the authority is in Wales, any which the Secretary of State may require as a condition of his approval and, without prejudice to the generality, a scheme may include provisions specifying, or providing for the determination of—\n(a) the persons who are qualifying tenants or licensees for the purposes of the scheme;\n(b) the interests which qualifying tenants or licensees may be assisted to acquire;\n(c) the works for the carrying out of which grants may be made;\n(d) the circumstances in which a grant may be made for the benefit of a qualifying tenant or licensee;\n(e) the amount of the grant which may be made in any particular case and the terms on which it may be made;\n(f) the limits on the total number and amount of grants which may be made; and\n(g) the period within which the scheme is to apply.\n(3) The Secretary of State may approve a scheme made by a local housing authority in Wales under this section with or without conditions and, where a scheme has been made and, where the authority is in Wales, approved, a local housing authority shall take such steps as it considers appropriate to bring the scheme to the attention of persons likely to be able to benefit from it and shall take such other steps (if any) as the Secretary of State may direct in any particular case to secure publicity for the scheme.\n(4) The Secretary of State may revoke an approval of a scheme under this section by a notice given to the local housing authority concerned; and, where such a notice is given, the revocation shall not affect the operation of the scheme in relation to any grants made or agreed before the date of the notice.\n(5) Any grant made pursuant to a scheme under this section—\n(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(6) Where a scheme has been made by a local housing authority under this section and, where the authority is in Wales, has been approved, a person dealing with the authority shall not be concerned to see or enquire whether the terms of the scheme have been or are being complied with; and any failure to comply with the terms of a scheme shall not invalidate any grant purporting to be made in accordance with the scheme unless the person to whom the grant is made has actual notice of the failure.\n(7) In this section—\n(a) “local housing authority” has the meaning assigned by section 1 of the Housing Act 1985; of the Housing Act 1985;\n(b) “dwelling-house” has the meaning assigned by section 112 of that Act; and\n(c) “tenant” does not include a tenant under a long tenancy, as defined in section 115 of that Act.\n\nRepair notices and improvement grants\n\n130 Repair notices.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n131 Letting conditions applicable to improvement grants etc.\n(1) With respect to applications for grants approved after the commencement of this Act, Part XV of the Housing Act 1985 (grants for works of improvement, repair and conversion) shall have effect subject to the following provisions of this section.\n(2) In each of the following provisions—\n(a) section 464 (preliminary condition: certificates as to future occupation), in subsection (5) (certificate of availability for letting), and\n(b) section 501 (condition as to availability for letting), in subsection (2) (the terms of the condition),\nin paragraph (a) after the word “holiday” there shall be inserted “on a tenancy which is not a long tenancy and”.\n(3) After the words “Rent (Agriculture) Act 1976”, in each place where they occur in—\n(a) section 464(5),\n(b) section 501(2), and\n(c) subsection (2)(d) of section 503 (restriction on imposition of further conditions in relation to certain grants),\nthere shall be inserted “or is occupied under an assured agricultural occupancy, within the meaning of Part I of the Housing Act 1988”.\n(4) In section 504 (further conditions as to letting of dwelling), at the beginning of subsection (1) there shall be inserted the words “Subject to subsection (1A)”; in paragraph (a) of that subsection after the word “letting” there shall be inserted “on an assured tenancy which is not a long tenancy or”; and at the end of that subsection there shall be inserted the following subsection—\n“(1A)Paragraphs (d) to (f) of subsection (1) do not apply in the case of a dwelling which is or is to be let or available for letting on an assured tenancy.”\n(5) In subsection (2) of section 504 (definitions) after the words “subsection (1)” there shall be inserted “and subsection (1A)” and before paragraph (a) there shall be inserted the following paragraph—\n“(aa) “assured tenancy” means a tenancy which is an assured tenancy within the meaning of Part I of the Housing Act 1988 or would be such a tenancy if paragraphs 3, 6, 7 and 10 of Schedule 1 to that Act were omitted”.\n(6) In section 526 (index of defined expressions in Part XV), after the entry relating to “local housing authority” there shall be inserted—\n“long tenancy section 115”.\n(7) Without prejudice to subsection (1) above, where an application for a grant—\n(a) was made but not approved before the commencement of this Act, and\n(b) was accompanied by a certificate of availability for letting in a form which does not take account of the amendments of section 464(5) by subsections (2) and (3) above,\nthe certificate shall be treated as if it were in a form which takes account of the amendments made by those subsections.\n(8) Without prejudice to subsection (1) above, where a grant has been approved before the commencement of this Act and—\n(a) section 501(2) applies to impose a condition of the grant, or\n(b) conditions have been imposed in terms of section 504(1),\nthe condition or conditions shall have effect as if it or they were in a form which takes account of the amendments made by subsection (3) or, as the case may be, subsections (4) and (5) above.\n\nDisposals of housing stock\n\n132 Consents to disposals of housing stock and application of receipts.\n(1) At the end of subsection (4) of section 34 of the Housing Act 1985 (consent to disposals of land held for the purposes of Part II—provision of housing accommodation) and at the end of subsection (4) of section 43 of that Act (consent for certain disposals of other houses) there shall be inserted the subsections set out in subsection (2) below.\n(2) The subsections referred to in subsection (1) above and subsection (3) below are as follows—\n“(4A)The matters to which the Secretary of State may have regard in determining whether to give consent and, if so, to what conditions consent should be subject shall include—\n(a) the extent (if any) to which the person to whom the proposed disposal is to be made (in this subsection referred to as “the intending purchaser”) is, or is likely to be, dependent upon, controlled by or subject to influence from the local authority making the disposal or any members or officers of that authority;\n(b) the extent (if any) to which the proposed disposal would result in the intending purchaser becoming the predominant or a substantial owner in any area of housing accommodation let on tenancies or subject to licences;\n(c) the terms of the proposed disposal; and\n(d) any other matters whatsoever which he considers relevant.\n(4B) Where the Secretary of State gives consent to a disposal by a local authority, he may give directions as to the purpose for which any capital money received by the authority in respect of the disposal is to be applied and, where any such directions are given, nothing in any enactment shall require his consent to be given for the application of the capital money concerned in accordance with the directions.”\n(3) Section 13 of the Housing (Scotland) Act 1987 (power of Secretary of State to impose conditions in sale of local authority houses) shall be renumbered as subsection (1) of that section and after that subsection there shall be inserted as subsections (2) and (3) the subsections which are set out in subsection (2) above and there numbered (4A) and (4B).\n(4), (5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(6) In section 208 of the Housing (Scotland) Act 1987 (application of receipts from disposal of certain land), in subsection (2) there shall be inserted at the end the words “or has made directions under section 13(3)”.\n(7) In section 26 of the Local Government Act 1988 (provisions as to consents under section 25 for provision of financial assistance etc.), in subsection (5) (which excludes consent under various enactments where consent is given to a disposal of land under section 25) after the words “such a consent” there shall be inserted “then, if the consent given for the purposes of section 25 above so provides”.\n(8) This section shall be deemed to have come into force on 9th June 1988.\n\n133 Consent required for certain subsequent disposals.\n(1) Where consent is required for a disposal (in this section referred to as “the original disposal”) by virtue of section 32 or section 43 of the Housing Act 1985 and that consent does not provide otherwise, the person who acquires the land or house on the disposal shall not dispose of it except with the consent of the appropriate authority; but nothing in this section shall apply in relation to an exempt disposal ....\n(1ZA) In this section “the appropriate authority” means—\n(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(b) in relation to a disposal of land in England, the Secretary of State, and\n(c) in relation to a disposal of land in Wales, the Welsh Ministers.\n(1A) This section does not apply if the original disposal was made before the date on which this section comes into force.\n(1B) This section does not apply if the original disposal was made to a private registered provider of social housing or to a body registered as a registered social landlord under Chapter 1 of Part 1 of the Housing Act 1996.\n(2) Where an estate or interest of the person who acquired the land or house on the original disposal has been mortgaged or charged, the prohibition in subsection (1) above applies also to a disposal by the mortgagee or chargee in exercise of a power of sale or leasing, whether or not the disposal is in the name of the person who so acquired the land or house; and in any case where—\n(a) by operation of law or by virtue of an order of a court, the land or house which has been acquired passes or is transferred from the person who so acquired it to another person, and\n(b) that passing or transfer does not constitute a disposal for which consent is required under this section,\nthis section (including, where there is more than one such passing or transfer, this subsection) shall apply as if the other person to whom the land or house passes or is transferred were the person who acquired it on the original disposal.\n(2A) Consent required for the purposes of this section may be given either generally to all persons who may require such consent or to any particular person or description of person who may require such consent.\n(3) Where subsection (1) above applies—\n(a) if section 34 of the Housing Act 1985 applies to the consent given to the original disposal, subsections (2)(b) , (3), (4) and (4A)(a) to (c) and (d) of that section shall also apply to any consent required by virtue of this section;\n(b) if the consent to the original disposal was given under section 43 of that Act, subsections (2)(b) and , (3), (4) and (4A)(a) to (c) and (d) of that section shall also apply to any consent required by virtue of this section;\n(c) in the application of subsection (4A)(a) to (c) and (d) of section 34 or section 43 to any consent required by virtue of this section, any reference to the appropriate national body shall be construed as a reference to the appropriate authority andany reference to the local authority making the disposal shall be construed as a reference to the local authority making the original disposal; and\n(d) the instrument by which the original disposal is effected shall contain a statement in a form approved by the Chief Land Registrar that the requirement of this section as to consent applies to a subsequent disposal of the land or house by the person to whom the original disposal was made.\n(4) Subsection (4) of section 32 of the Housing Act 1985 or, as the case may be, subsection (5) of section 43 of that Act (options to purchase as disposals) applies for the purposes of this section.\n(5) Before giving any consent required by virtue of this section, the appropriate authority—\n(a) shall satisfy itself that the person who is seeking the consent has taken appropriate steps to consult every tenant of any land or house proposed to be disposed of; and\n(b) shall have regard to the responses of any such tenants to that consultation.\n(5A) A person seeking any consent required by virtue of this section is not required to consult a tenant of the land or house proposed to be disposed of if—\n(a) consent is sought for the disposal of the land or house to that tenant or to persons including that tenant; or\n(b) consent is sought subject to the condition that the land or house is vacant at the time of the disposal;\nand, accordingly, subsection (5) does not apply in either case.\n(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(7) No consent shall be required under ... section ...42 of the Housing Act 1996 or section 9 of the Housing Associations Act 1985 for any disposal in respect of which consent is given under this section.\n(8) Where the title of the authority to the land or house which is disposed of by the original disposal is not registered, and the original disposal is a transfer or grant of a description mentioned in section 4 of the Land Registration Act 2002 (compulsory registration of title)—\n(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(b) the authority shall give to the person to whom the original disposal is made a certificate in a form approved by the Chief Land Registrar stating that the authority is entitled to make the disposal subject only to such encumbrances, rights and interests as are stated in the instrument by which the original disposal is effected or summarised in the certificate; and\n(c) for the purpose of registration of title, the Chief Land Registrar shall accept such a certificate as evidence of the facts stated in it, but if as a result he has to meet a claim against him under the Land Registration Act 2002 the authority by whom the original disposal was made is liable to indemnify him.\n(9) Where the Chief Land Registrar approves an application for registration of—\n(a) a disposition of registered land, or\n(b) a person’s title under a disposition of unregistered land,\nand the instrument effecting the original disposal contains the statement required by subsection (3)(d) above, he shall enter in the register a restriction reflecting the limitation under this section on subsequent disposal.\n(10) In every case where the consent of the Secretary of State is required for the original disposal by virtue of section 32 or section 43 of the Housing Act 1985 (whether or not consent is required under this section to a subsequent disposal), the authority by which the original disposal is made shall furnish to the person to whom it is made a copy of that consent.\n(11) In this section “exempt disposal” means—\n(a) the disposal of a dwelling-house to a person having the right to buy it under Part 5 of the Housing Act 1985 (whether the disposal is in fact made under that Part or otherwise);\n(b) a compulsory disposal, within the meaning of Part 5 of the Housing Act 1985;\n(c) the disposal of an easement or rentcharge;\n(d) the disposal of an interest by way of security for a loan;\n(e) the grant of a secure tenancy or what would be a secure tenancy but for any of paragraphs 2 to 12 of Schedule 1 to the Housing Act 1985;\n(f) the grant of an assured tenancy or an assured agricultural occupancy, within the meaning of Part 1 of this Act, or what would be such a tenancy or occupancy but for any of paragraphs 4 to 8 of Schedule 1 to this Act;\n(fa) the grant of an occupation contract within the meaning of the Renting Homes (Wales) Act 2016 (anaw 1) (see section 8 of that Act);\n(g) the transfer of an interest held on trust for any person where the disposal is made in connection with the appointment of a new trustee or in connection with the discharge of any trustee.\n\n134 Consent required for certain subsequent disposals: Scotland.\nIn Part I of the Housing (Scotland) Act 1987 (provision of housing) after section 12 there shall be inserted the following section—\n\n12A“ Consent of Secretary of State required for certain subsequent disposals.\n(1) Where a person acquires any land or house from a local authority under section 12(1)(c) or (d) above and the consent of the Secretary of State is required under section 12(7) above to the local authority’s disposal of the land or house to that person, that person shall not dispose of the land or house without the consent in writing of the Secretary of State.\n(2) Any consent for the purposes of subsection (1) above may be given either in respect of a particular disposal or in respect of disposals of any class or description (including disposals in particular areas) and either unconditionally or subject to conditions.\n(3) Before giving any consent for the purposes of subsection (1) above, the Secretary of State—\n(a) shall satisfy himself that the person who is seeking the consent has taken appropriate steps to consult every tenant of any land or house proposed to be disposed of; and\n(b) shall have regard to the responses of any such tenants to that consultation.\n(4) The consent of Scottish Homes under section 9 of the Housing Associations Act 1985 (control of dispositions) is not required for any disposal, or disposals of any class or description, in respect of which consent is given under subsection (1) above.\n(5) In this section references to disposing of property include references to—\n(a) granting or disposing of any interest in property;\n(b) entering into a contract to dispose of property or to grant or dispose of any such interest; and\n(c) granting an option to acquire property or any such interest.”\n\n135 Consultation before disposal: Scotland.\n(1) In Part III of the Housing (Scotland) Act 1987 (rights of public sector tenants) after section 81 there shall be inserted the following section—\n\n“ Consultation before disposal to private sector landlord\n\n81B Consultation before disposal to private sector landlord.\n\nThe provisions of Schedule 6A have effect with respect to the duties of—\n(a) a local authority proposing to dispose of houses let on secure tenancies;\n(b) the Secretary of State in considering whether to give his consent under section 12(7) to such a disposal,\nto have regard to the views of tenants liable as a result of the disposal to cease to be secure tenants (that is to say, tenants under secure tenancies).”\n(2) After Schedule 6 to the Housing (Scotland) Act 1987 there shall be inserted, as Schedule 6A, the Schedule set out in Schedule 16 to this Act.\n(3) The amendments made by this section apply to disposals after the coming into force of this section.\n\n136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nCodes of practice\n\n137 Codes of practice in field of rented housing.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nSupplementary\n\n138 Financial provisions.\n(1) There shall be paid out of money provided by Parliament—\n(a) any sums required for the payment by the Secretary of State of grants under this Act;\n(b) any sums required to enable the Secretary of State to make payments to housing action trusts established under Part III of this Act;\n(c) any other expenses of the Secretary of State under this Act; and\n(d) any increase attributable to this Act in the sums so payable under any other enactment.\n(2) Any sums received by the Secretary of State under this Act, other than those required to be paid into the National Loans Fund, shall be paid into the Consolidated Fund.\n\n139 Application to Isles of Scilly.\n(1) This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.\n(2) The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.\n\n140 Amendments and repeals.\n(1) Schedule 17 to this Act, which contains minor amendments and amendments consequential on the provisions of this Act and the Housing (Scotland) Act 1988, shall have effect . . ..\n(2) The enactments specified in Schedule 18 to this Act, which include some that are spent, are hereby repealed to the extent specified in the third column of that Schedule, but subject to any provision at the end of that Schedule and to any saving in Chapter V of Part I of or Schedule 17 to this Act.\n\n141 Short title, commencement and extent.\n(1) This Act may be cited as the Housing Act 1988.\n(2) The provisions of Parts II and IV of this Act and sections 119, 122, 124, 128, 129, 135 and 140 above shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different provisions or for different purposes.\n(3) Part I and this Part of this Act, other than sections 119, 122, 124, 128, 129, 132, 133, 134, 135 and 138 onwards, shall come into force at the expiry of the period of two months beginning on the day it is passed; and any reference in those provisions to the commencement of this Act shall be construed accordingly.\n(4) An order under subsection (2) above may make such transitional provisions as appear to the Secretary of State necessary or expedient in connection with the provisions brought into force by the order.\n(5) Parts I, III and IV of this Act and this Part, except sections 118, 128, 132, 134, 135 and 137 onwards, extend to England and Wales only.\n(6) This Act does not extend to Northern Ireland.\n\nSCHEDULES\nSection 1.\n\nSCHEDULE 1 Tenancies Which Cannot be Assured Tenancies\n\nPart I The Tenancies\n\nTenancies entered into before commencement\n1A tenancy which is entered into before, or pursuant to a contract made before, the commencement of this Act.\n\nTenancies of dwelling-houses with high rateable values\n2(1)A tenancy—\n(a) which is entered into on or after 1st April 1990 (otherwise than, where the dwelling-house had a rateable value on 31st March 1990, in pursuance of a contract made before 1st April 1990), and\n(b) under which the rent payable for the time being is payable at a rate exceeding £100,000 a year.\n( 2 )In sub-paragraph (1) “rent” does not include any sum payable by the tenant as is expressed (in whatever terms) to be payable in respect of rates, council tax, services, management, repairs, maintenance or insurance, unless it could not have been regarded by the parties to the tenancy as a sum so payable.\n2A.A tenancy—\n(a) which was entered into before the 1st April 1990, or on or after that date in pursuance of a contract made before that date, and\n(b) under which the dwelling-house had a rateable value on the 31st March 1990 which, if it is in Greater London, exceeded £1,500 and, if it is elsewhere, exceeded £750.\n\nTenancies at a low rent\n3A tenancy under which for the time being no rent is payable.\n3AA tenancy—\n(a) which is entered into on or after 1st April 1990 (otherwise than, where the dwelling-house had a rateable value on 31st March 1990, in pursuance of a contract made before 1st April 1990), and\n(b) under which the rent payable for the time being is payable at a rate of, if the dwelling-house is in Greater London, £1,000 or less a year and, if it is elsewhere, £250 or less a year.\n3BA tenancy—\n(a) which was entered into before 1st April 1990 or, where the dwelling-house had a rateable value on the 31st March 1990, on or after 1st April 1990 in pursuance of a contract made before that date, and\n(b) under which the rent for the time being payable is less than two-thirds of the rateable value of the dwelling-house on 31st March 1990.\n3CParagraph 2(2) above applies for the purposes of paragraphs 3, 3A and 3B as it applies for the purposes of paragraph 2(1).\n\nBusiness tenancies\n4A tenancy to which Part II of the Landlord and Tenant Act 1954 applies (business tenancies).\n\nLicensed premises\n5A tenancy under which the dwelling-house consists of or comprises “premises which, by virtue of a premises licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of section 14 of that Act)” for consumption on the premises.\n\nTenancies of agricultural land\n6(1)A tenancy under which agricultural land, exceeding two acres, is let together with the dwelling-house.\n(2) In this paragraph “agricultural land” has the meaning set out in section 26(3)(a) of the General Rate Act 1967 (exclusion of agricultural land and premises from liability for rating).\n\nTenancies of agricultural holdings etc.\n7(1)A tenancy under which the dwelling-house—\n(a) is comprised in an agricultural holding, and\n(b) is occupied by the person responsible for the control (whether as tenant or as servant or agent of the tenant) of the farming of the holding.\n(2) A tenancy under which the dwelling-house—\n(a) is comprised in the holding held under a farm business tenancy, and\n(b) is occupied by the person responsible for the control (whether as tenant or as servant or agent of the tenant) of the management of the holding.\n(3) In this paragraph—\n  * “agricultural holding” means any agricultural holding within the meaning of the Agricultural Holdings Act 1986 held under a tenancy in relation to which that Act applies, and\n  * “farm business tenancy” and “holding”, in relation to such a tenancy, have the same meaning as in the Agricultural Tenancies Act 1995.\n\nLettings to students\n8(1)A tenancy which is granted to a person who is pursuing, or intends to pursue, a course of study provided by a specified educational institution and is so granted either by that institution or by another specified institution or body of persons.\n(2) In sub-paragraph (1) above “specified” means specified, or of a class specified, for the purposes of this paragraph by regulations made by the Secretary of State by statutory instrument.\n(3) A statutory instrument made in the exercise of the power conferred by sub-paragraph (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.\n\nHoliday lettings\n9A tenancy the purpose of which is to confer on the tenant the right to occupy the dwelling-house for a holiday.\n\nResident landlords\n10(1)A tenancy in respect of which the following conditions are fulfilled—\n(a) that the dwelling-house forms part only of a building and, except in a case where the dwelling-house also forms part of a flat, the building is not a purpose-built block of flats; and\n(b) that, subject to Part III of this Schedule, the tenancy was granted by an individual who, at the time when the tenancy was granted, occupied as his only or principal home another dwelling-house which,—\n(i) in the case mentioned in paragraph (a) above, also forms part of the flat; or\n(ii) in any other case, also forms part of the building; and\n(c) that, subject to Part III of this Schedule, at all times since the tenancy was granted the interest of the landlord under the tenancy has belonged to an individual who, at the time he owned that interest, occupied as his only or principal home another dwelling-house which,—\n(i) in the case mentioned in paragraph (a) above, also formed part of the flat; or\n(ii) in any other case, also formed part of the building; and\n(d) that the tenancy is not one which is excluded from this sub-paragraph by sub-paragraph (3) below.\n(2) If a tenancy was granted by two or more persons jointly, the reference in sub-paragraph (1)(b) above to an individual is a reference to any one of those persons and if the interest of the landlord is for the time being held by two or more persons jointly, the reference in sub-paragraph (1)(c) above to an individual is a reference to any one of those persons.\n(3) A tenancy (in this sub-paragraph referred to as “the new tenancy”) is excluded from sub-paragraph (1) above if—\n(a) it is granted to a person (alone, or jointly with others) who, immediately before it was granted, was a tenant under an assured tenancy (in this sub-paragraph referred to as “the former tenancy”) of the same dwelling-house or of another dwelling-house which forms part of the building in question; and\n(b) the landlord under the new tenancy and under the former tenancy is the same person or, if either of those tenancies is or was granted by two or more persons jointly, the same person is the landlord or one of the landlords under each tenancy.\n\nCrown tenancies\n11(1)A tenancy under which the interest of the landlord belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department.\n(2) The reference in sub-paragraph (1) above to the case where the interest of the landlord belongs to Her Majesty in right of the Crown does not include the case where that interest is under the management of the Crown Estate Commissioners or it is held by the Secretary of State as the result of the exercise by him of functions under Part III of the Housing Associations Act 1985.\n\nLocal authority tenancies etc.\n12(1)A tenancy under which the interest of the landlord belongs to—\n(a) a local authority, as defined in sub-paragraph (2) below;\n(b) the Homes and Communities Agency but only if the tenancy falls within subsections (2A) to (2E) of section 80 of the Housing Act 1985;\n(ba) the Welsh Ministers but only if the tenancy falls within subsections (2A) to (2E) of section 80 of the Housing Act 1985;\n(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(d) an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980;\n(da) a Mayoral development corporation;\n(da) a National Park authority;\n(e) a development corporation, within the meaning of the New Towns Act 1981;\n(f) an authority established under section 10 of the Local Government Act 1985 (waste disposal authorities);\n(fa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(g) a residuary body, within the meaning of the Local Government Act 1985;\n(gg) The Residuary Body for Wales (Corff Gweddilliol Cymru);\n(h) a fully mutual housing association,...\n(i) a housing action trust established under Part III of this Act.\n(2) The following are local authorities for the purposes of sub-paragraph (1)(a) above—\n(a) the council of a county, county borough, district or London borough;\n(b) the Common Council of the City of London;\n(c) the Council of the Isles of Scilly;\n(d) the Broads Authority;\n(e) the Inner London Education Authority; and\n(ea) a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;\n(ee) the London Fire Commissioner;\n(f) a joint authority, within the meaning of the Local Government Act 1985;\n(fa) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;\n(fb) a combined authority established under section 103 of that Act;\n(fc) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023; and\n(g) a police and crime commissioner.\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nFamily intervention tenancies\n12ZA(1)A family intervention tenancy.\n(2) But a family intervention tenancy becomes an assured tenancy if the landlord notifies the tenant that it is to be regarded as an assured tenancy.\n(3) In this paragraph “ a family intervention tenancy ” means, subject to sub-paragraph (4), a tenancy granted by a private registered provider of social housing or a registered social landlord (“ the landlord ”) in respect of a dwelling-house—\n(a) to a person (“ the new tenant ”) against whom a possession order under section 7 in respect of another dwelling-house—\n(i) has been made, in relation to an assured tenancy, on ground 7A of Part 1 of Schedule 2 or ground 14, 14ZA or 14A of Part 2 of Schedule 2;\n(ii) could, in the opinion of the landlord, have been so made in relation to such a tenancy; or\n(iii) could, in the opinion of the landlord, have been so made if the person had had such a tenancy; and\n(b) for the purposes of the provision of behaviour support services.\n(4) A tenancy is not a family intervention tenancy for the purposes of this paragraph if the landlord has failed to serve a notice under sub-paragraph (5) on the new tenant before the new tenant entered into the tenancy.\n(5) A notice under this sub-paragraph is a notice stating—\n(a) the reasons for offering the tenancy to the new tenant;\n(b) the dwelling-house in respect of which the tenancy is to be granted;\n(c) the other main terms of the tenancy (including any requirements on the new tenant in respect of behaviour support services);\n(d) the security of tenure available under the tenancy and any loss of security of tenure which is likely to result from the new tenant agreeing to enter into the tenancy;\n(e) that the new tenant is not obliged to enter into the tenancy or (unless otherwise required to do so) to surrender any existing tenancy or possession of a dwelling-house;\n(f) any likely action by the landlord if the new tenant does not enter into the tenancy or surrender any existing tenancy or possession of a dwelling-house.\n(6) The appropriate national authority may by regulations made by statutory instrument amend sub-paragraph (5).\n(7) A notice under sub-paragraph (5) must contain advice to the new tenant as to how the new tenant may be able to obtain assistance in relation to the notice.\n(8) The appropriate national authority may by regulations made by statutory instrument make provision about the type of advice to be provided in such notices.\n(9) Regulations under this paragraph may contain such transitional, transitory or saving provision as the appropriate national authority considers appropriate.\n(10) A statutory instrument containing (whether alone or with other provision) regulations under this paragraph which amend or repeal any of paragraphs (a) to (f) of sub-paragraph (5) may not be made—\n(a) by the Secretary of State unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.\n(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(11) Subject to this, a statutory instrument containing regulations made under this paragraph—\n(a) by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament .\n(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(12) In this paragraph—\n  * “appropriate national authority”—\n    (a) in relation to England, means the Secretary of State .\n    (b)\n    ...\n  * “ behaviour support agreement ” means an agreement in writing about behaviour and the provision of support services made between the new tenant, the landlord and the local housing authority for the district in which the dwelling-house which is to be subject to the new tenancy is situated (or between persons who include those persons);\n  * “ behaviour support services ” means relevant support services to be provided by any person to—\n    (a) the new tenant; or\n    (b) any person who is to reside with the new tenant;\n    for the purpose of addressing the kind of behaviour which led to the new tenant falling within sub-paragraph (3)(a);\n  * “ family intervention tenancy ” has the meaning given by sub-paragraph (3);\n  * “ landlord ” has the meaning given by sub-paragraph (3);\n  * “local housing authority” (and the reference to its district) has the same meaning as in the Housing Act 1985 (see sections 1 and 2(1) of that Act);\n  * “ the new tenant ” has the meaning given by sub-paragraph (3)(a);\n  * “ registered social landlord ” has the same meaning as in Part 1 of the Housing Act 1996;\n  * “ relevant support services ” means support services of a kind identified in a behaviour support agreement and designed to meet such needs of the recipient as are identified in the agreement.\n\nAccommodation for asylum-seekers\n12A(1)A tenancy granted by a private landlord under arrangements for the provision of support for asylum-seekers or dependants of asylum-seekers made under section 4 or Part VI of the Immigration and Asylum Act 1999 .\n(2) “Private landlord” means a landlord who is not within section 80(1) of the Housing Act 1985.\n\n...\n12B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nTransitional cases\n13(1)A protected tenancy, within the meaning of the Rent Act 1977.\n(2) A housing association tenancy, within the meaning of Part VI of that Act.\n(3) A secure tenancy.\n(4) Where a person is a protected occupier of a dwelling-house, within the meaning of the Rent (Agriculture) Act 1976, the relevant tenancy, within the meaning of that Act, by virtue of which he occupies the dwelling-house.\n\nPart II Rateable Values\n14(1)The rateable value of a dwelling-house at any time shall be ascertained for the purposes of Part I of this Schedule as follows—\n(a) if the dwelling-house is a hereditament for which a rateable value is then shown in the valuation list, it shall be that rateable value;\n(b) if the dwelling-house forms part only of such a hereditament or consists of or forms part of more than one such hereditament, its rateable value shall be taken to be such value as is found by a proper apportionment or aggregation of the rateable value or values so shown.\n(2) Any question arising under this Part of this Schedule as to the proper apportionment or aggregation of any value or values shall be determined by the county court and the decision of that court shall be final.\n15 Where, after the time at which the rateable value of a dwelling-house is material for the purposes of any provision of Part I of this Schedule, the valuation list is altered so as to vary the rateable value of the hereditament of which the dwelling-house consists (in whole or in part) or forms part and the alteration has effect from that time or from an earlier time, the rateable value of the dwelling-house at the material time shall be ascertained as if the value shown in the valuation list at the material time had been the value shown in the list as altered.\n16 Paragraphs 14 and 15 above apply in relation to any other land which, under section 2 of this Act, is treated as part of a dwelling-house as they apply in relation to the dwelling-house itself.\n\nPart III Provisions for Determining Application of Paragraph 10 (Resident Landlords)\n17(1)In determining whether the condition in paragraph 10(1)(c) above is at any time fulfilled with respect to a tenancy, there shall be disregarded—\n(a) any period of not more than twenty-eight days, beginning with the date on which the interest of the landlord under the tenancy becomes vested at law and in equity in an individual who, during that period, does not occupy as his only or principal home another dwelling-house which forms part of the building or, as the case may be, flat concerned;\n(b) if, within a period falling within paragraph (a) above, the individual concerned notifies the tenant in writing of his intention to occupy as his only or principal home another dwelling-house in the building or, as the case may be, flat concerned, the period beginning with the date on which the interest of the landlord under the tenancy becomes vested in that individual as mentioned in that paragraph and ending—\n(i) at the expiry of the period of six months beginning on that date, or\n(ii) on the date on which that interest ceases to be so vested, or\n(iii) on the date on which that interest becomes again vested in such an individual as is mentioned in paragraph 10(1)(c) or the condition in that paragraph becomes deemed to be fulfilled by virtue of paragraph 18(1) or paragraph 20 below,\nwhichever is the earlier; and\n(c) any period of not more than two years beginning with the date on which the interest of the landlord under the tenancy becomes, and during which it remains, vested—\n(i) in trustees as such; or\n(ii) by virtue of section 9 of the Administration of Estates Act 1925, in the Probate Judge or the Public trustee.\n(2) Where the interest of the landlord under a tenancy becomes vested at law and in equity in two or more persons jointly, of whom at least one was an individual, sub-paragraph (1) above shall have effect subject to the following modifications—\n(a) in paragraph (a) for the words from “an individual” to “occupy” there shall be substituted “the joint landlords if, during that period none of them occupies”; and\n(b) in paragraph (b) for the words “the individual concerned” there shall be substituted “any of the joint landlords who is an individual” and for the words “that individual” there shall be substituted “the joint landlords”.\n18(1) During any period when—\n(a) the interest of the landlord under the tenancy referred to in paragraph 10 above is vested in trustees as such, and\n(b) that interest is . . . held on trust for any person who or for two or more persons of whom at least one occupies as his only or principal home a dwelling-house which forms part of the building or, as the case may be, flat referred to in paragraph 10(1)(a),\nthe condition in paragraph 10(1)(c) shall be deemed to be fulfilled and accordingly, no part of that period shall be disregarded by virtue of paragraph 17 above.\n(2) If a period during which the condition in paragraph 10(1)(c) is deemed to be fulfilled by virtue of sub-paragraph (1) above comes to an end on the death of a person who was in occupation of a dwelling-house as mentioned in paragraph (b) of that sub-paragraph, then, in determining whether that condition is at any time thereafter fulfilled, there shall be disregarded any period—\n(a) which begins on the date of the death;\n(b) during which the interest of the landlord remains vested as mentioned in sub-paragraph (1)(a) above; and\n(c) which ends at the expiry of the period of two years beginning on the date of the death or on any earlier date on which the condition in paragraph 10(1)(c) becomes again deemed to be fulfilled by virtue of sub-paragraph (1) above.\n19 In any case where—\n(a) immediately before a tenancy comes to an end the condition in paragraph 10(1)(c) is deemed to be fulfilled by virtue of paragraph 18(1) above, and\n(b) on the coming to an end of that tenancy the trustees in whom the interest of the landlord is vested grant a new tenancy of the same or substantially the same dwelling-house to a person (alone or jointly with others) who was the tenant or one of the tenants under the previous tenancy,\nthe condition in paragraph 10(1)(b) above shall be deemed to be fulfilled with respect to the new tenancy.\n20(1)The tenancy referred to in paragraph 10 above falls within this paragraph if the interest of the landlord under the tenancy becomes vested in the personal representatives of a deceased person acting in that capacity.\n(2) If the tenancy falls within this paragraph, the condition in paragraph 10(1)(c) shall be deemed to be fulfilled for any period, beginning with the date on which the interest becomes vested in the personal representatives and not exceeding two years, during which the interest of the landlord remains so vested.\n21 Throughout any period which, by virtue of paragraph 17 or paragraph 18(2) above, falls to be disregarded for the purpose of determining whether the condition in paragraph 10(1)(c) is fulfilled with respect to a tenancy, no order shall be made for possession of the dwelling-house subject to that tenancy, other than an order which might be made if that tenancy were or, as the case may be, had been an assured tenancy.\n22 For the purposes of paragraph 10 above, a building is a purpose-built block of flats if as constructed it contained, and it contains, two or more flats; and for this purpose “flat” means a dwelling-house which—\n(a) forms part only of a building; and\n(b) is separated horizontally from another dwelling-house which forms part of the same building.\nSection 7.\n\nSCHEDULE 2 Grounds for Possession of Dwelling-houses let on Assured Tenancies\n\nPart I Grounds on which Court must order possession\n\nGround 1\n\nNot later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground or the court is of the opinion that it is just and equitable to dispense with the requirement of notice and (in either case)—\n(a) at some time before the beginning of the tenancy, the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them occupied the dwelling-house as his only or principal home; or\n(b) the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them requires the dwelling-house as his, his spouse’s or his civil partner's only or principal home and neither the landlord (or, in the case of joint landlords, any one of them) nor any other person who, as landlord, derived title under the landlord who gave the notice mentioned above acquired the reversion on the tenancy for money or money’s worth.\n\nGround 2\n\nThe dwelling-house is subject to a mortgage granted before the beginning of the tenancy and—\n(a) the mortgagee is entitled to exercise a power of sale conferred on him by the mortgage or by section 101 of the Law of Property Act 1925; and\n(b) the mortgagee requires possession of the dwelling-house for the purpose of disposing of it with vacant possession in exercise of that power; and\n(c) either notice was given as mentioned in Ground 1 above or the court is satisfied that it is just and equitable to dispense with the requirement of notice;\nand for the purposes of this ground “mortgage” includes a charge and “mortgagee” shall be construed accordingly.\n\nGround 3\n\nThe tenancy is a fixed term tenancy for a term not exceeding eight months and—\n(a) not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground; and\n(b) at some time within the period of twelve months ending with the beginning of the tenancy, the dwelling-house was occupied under a right to occupy it for a holiday.\n\nGround 4\n\nThe tenancy is a fixed term tenancy for a term not exceeding twelve months and—\n(a) not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground; and\n(b) at some time within the period of twelve months ending with the beginning of the tenancy, the dwelling-house was let on a tenancy falling within paragraph 8 of Schedule 1 to this Act.\n\nGround 5\n\nThe dwelling-house is held for the purpose of being available for occupation by a minister of religion as a residence from which to perform the duties of his office and—\n(a) not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground; and\n(b) the court is satisfied that the dwelling-house is required for occupation by a minister of religion as such a residence.\n\nGround 6\n\nThe landlord who is seeking possession or, if that landlord is a non-profit registered provider of social housing, registered social landlord or charitable housing trust, or (where the dwelling-house is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008) a profit-making registered provider of social housing, a superior landlord intends to demolish or reconstruct the whole or a substantial part of the dwelling-house or to carry out substantial works on the dwelling-house or any part thereof or any building of which it forms part and the following conditions are fulfilled—\n(a) the intended work cannot reasonably be carried out without the tenant giving up possession of the dwelling-house because—\n(i) the tenant is not willing to agree to such a variation of the terms of the tenancy as would give such access and other facilities as would permit the intended work to be carried out, or\n(ii) the nature of the intended work is such that no such variation is practicable, or\n(iii) the tenant is not willing to accept an assured tenancy of such part only of the dwelling-house (in this sub-paragraph referred to as “the reduced part”) as would leave in the possession of his landlord so much of the dwelling-house as would be reasonable to enable the intended work to be carried out and, where appropriate, as would give such access and other facilities over the reduced part as would permit the intended work to be carried out, or\n(iv) the nature of the intended work is such that such a tenancy is not practicable; and\n(b) either the landlord seeking possession acquired his interest in the dwelling-house before the grant of the tenancy or that interest was in existence at the time of that grant and neither that landlord (or, in the case of joint landlords, any of them) nor any other person who, alone or jointly with others, has acquired that interest since that time acquired it for money or money’s worth; and\n(c) the assured tenancy on which the dwelling-house is let did not come into being by virtue of any provision of Schedule 1 to the Rent Act 1977, as amended by Part I of Schedule 4 to this Act or, as the case may be, section 4 of the Rent (Agriculture) Act 1976, as amended by Part II of that Schedule.\nFor the purposes of this ground, if, immediately before the grant of the tenancy, the tenant to whom it was granted or, if it was granted to joint tenants, any of them was the tenant or one of the joint tenants of the dwelling-house concerned under an earlier assured tenancy or, as the case may be, under a tenancy to which Schedule 10 to the Local Government and Housing Act 1989 applied, any reference in paragraph (b) above to the grant of the tenancy is a reference to the grant of that earlier assured tenancy or, as the case may be, to the grant of the tenancy to which the said Schedule 10 applied.\nFor the purposes of this ground “registered social landlord” has the same meaning as in the Housing Act 1985 (see section 5(4) and (5) of that Act) and “charitable housing trust” means a housing trust, within the meaning of the Housing Associations Act 1985, which is a charity, ....\n. . .\n\nGround 7\n\nThe tenancy is a periodic tenancy (including a statutory periodic tenancy), or a fixed term tenancy of a dwelling-house in England, which has devolved under the will or intestacy of the former tenant and the proceedings for the recovery of possession are begun not later than twelve months after the death of the former tenant or, if the court so directs, after the date on which, in the opinion of the court, the landlord or, in the case of joint landlords, any one of them became aware of the former tenant’s death.\nFor the purposes of this ground, the acceptance by the landlord of rent from a new tenant after the death of the former tenant shall not be regarded as creating a new ... tenancy, unless the landlord agrees in writing to a change (as compared with the tenancy before the death) in the amount of the rent, the period or length of termof the tenancy, the premises which are let or any other term of the tenancy.\nThis ground does not apply to a fixed term tenancy that is a lease of a dwelling-house—\n(a) granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, or\n(b) under which the lessee (or the lessee's personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house.\n\nGround 7A\n\nAny of the following conditions is met.\nCondition 1 is that—\n(a) the tenant, or a person residing in or visiting the dwelling-house, has been convicted of a serious offence, and\n(b) the serious offence—\n(i) was committed (wholly or partly) in, or in the locality of, the dwelling-house,\n(ii) was committed elsewhere against a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or\n(iii) was committed elsewhere against the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and directly or indirectly related to or affected those functions.\nCondition 2 is that a court has found in relevant proceedings that the tenant, or a person residing in or visiting the dwelling-house, has breached a provision of an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014, other than a provision requiring a person to participate in a particular activity, and—\n(a) the breach occurred in, or in the locality of, the dwelling-house, or\n(b) the breach occurred elsewhere and the provision breached was a provision intended to prevent—\n(i) conduct that is capable of causing nuisance or annoyance to a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or\n(ii) conduct that is capable of causing nuisance or annoyance to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions.\nCondition 3 is that the tenant, or a person residing in or visiting the dwelling-house, has been convicted of an offence under section 30 of the Anti-social Behaviour, Crime and Policing Act 2014 or section 339 of the Sentencing Code consisting of a breach of a provision of a criminal behaviour order prohibiting a person from doing anything described in the order, and the offence involved—\n(a) a breach that occurred in, or in the locality of, the dwelling-house, or\n(b) a breach that occurred elsewhere of a provision intended to prevent—\n(i) behaviour that causes or is likely to cause harassment, alarm or distress to a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or\n(ii) behaviour that causes or is likely to cause harassment, alarm or distress to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions.\nCondition 4 is that—\n(a) the dwelling-house is or has been subject to a closure order under section 80 of the Anti-social Behaviour, Crime and Policing Act 2014, and\n(b) access to the dwelling-house has been prohibited (under the closure order or under a closure notice issued under section 76 of that Act) for a continuous period of more than 48 hours.\nCondition 5 is that—\n(a) the tenant, or a person residing in or visiting the dwelling-house, has been convicted of an offence under—\n(i) section 80(4) of the Environmental Protection Act 1990 (breach of abatement notice in relation to statutory nuisance), or\n(ii) section 82(8) of that Act (breach of court order to abate statutory nuisance etc.), and\n(b) the nuisance concerned was noise emitted from the dwelling-house which was a statutory nuisance for the purposes of Part 3 of that Act by virtue of section 79(1)(g) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance).\nCondition 1, 2, 3, 4 or 5 is not met if—\n(a) there is an appeal against the conviction, finding or order concerned which has not been finally determined, abandoned or withdrawn, or\n(b) the final determination of the appeal results in the conviction, finding or order being overturned.\nIn this ground—\n  * “relevant proceedings” means proceedings for contempt of court or proceedings under Schedule 2 to the Anti-social Behaviour, Crime and Policing Act 2014;\n  * “serious offence” means an offence which—\n    (a) was committed on or after the day on which this ground comes into force,\n    (b) is specified, or falls within a description specified, in Schedule 2A to the Housing Act 1985 at the time the offence was committed and at the time the court is considering the matter, and\n    (c) is not an offence that is triable only summarily by virtue of section 22 of the Magistrates' Courts Act 1980 (either-way offences where value involved is small).\n\nGround 7B\n\nBoth of the following conditions are met in relation to a dwelling-house in England.\nCondition 1 is that the Secretary of State has given a notice in writing to the landlord or, in the case of joint landlords, one or more of them which identifies—\n(a) the tenant or, in the case of joint tenants, one or more of them, or\n(b) one or more other persons aged 18 or over who are occupying the dwelling-house,\nas a person or persons disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy.\nCondition 2 is that the person or persons named in the notice—\n(a) fall within paragraph (a) or (b) of condition 1, and\n(b) are disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy.\nFor the purposes of this ground a person (“P”) is disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy if—\n(a) P is not a relevant national, and\n(b) P does not have a right to rent in relation to the dwelling-house.\nP does not have a right to rent in relation to the dwelling-house if—\n(a) P requires leave to enter or remain in the United Kingdom but does not have it, or\n(b) P's leave to enter or remain in the United Kingdom is subject to a condition preventing P from occupying the dwelling-house.\nBut P is to be treated as having a right to rent in relation to a dwelling-house if the Secretary of State has granted P permission for the purposes of this ground to occupy a dwelling-house under an assured tenancy.\nIn this ground “relevant national” means—\n(a) a British citizen,\n(aa) an Irish citizen, or\n(ab) a person who is not an Irish citizen and who has leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules within the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020.\n(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nGround 8\n\nBoth at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing—\n(a) if rent is payable weekly or fortnightly, at least eight weeks’ rent is unpaid;\n(b) if rent is payable monthly, at least two months’ rent is unpaid;\n(c) if rent is payable quarterly, at least one quarter’s rent is more than three months in arrears; and\n(d) if rent is payable yearly, at least three months’ rent is more than three months in arrears;\nand for the purpose of this ground “rent” means rent lawfully due from the tenant.\n\nPart II Grounds on which Court may Order Possession\n\nGround 9\n\nSuitable alternative accommodation is available for the tenant or will be available for him when the order for possession takes effect.\n\nGround 10\n\nSome rent lawfully due from the tenant—\n(a) is unpaid on the date on which the proceedings for possession are begun; and\n(b) except where subsection (1)(b) of section 8 of this Act applies, was in arrears at the date of the service of the notice under that section relating to those proceedings.\n\nGround 11\n\nWhether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due.\n\nGround 12\n\nAny obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed.\n\nGround 13\n\nThe condition of the dwelling-house or any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of, the tenant or any other person residing in the dwelling-house and, in the case of an act of waste by, or the neglect or default of, a person lodging with the tenant or a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.\nFor the purposes of this ground, “common parts” means any part of a building comprising the dwelling-house and any other premises which the tenant is entitled under the terms of the tenancy to use in common with the occupiers of other dwelling-houses in which the landlord has an estate or interest.\n\nGround 14\n\nThe tenant or a person residing in or visiting the dwelling-house—\n(a) has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality,\n(aa) has been guilty of conduct causing or likely to cause a nuisance or annoyance to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions, or\n(b) has been convicted of—\n(i) using the dwelling-house or allowing it to be used for immoral or illegal purposes, or\n(ii) an indictable offence committed in, or in the locality of, the dwelling-house.\n\nGround 14ZA\nThe tenant or an adult residing in the dwelling-house has been convicted of an indictable offence which took place during, and at the scene of, a riot in the United Kingdom.\nIn this Ground—\n  * “adult” means a person aged 18 or over;\n  * “indictable offence” does not include an offence that is triable only summarily by virtue of section 22 of the Magistrates' Courts Act 1980 (either way offences where value involved is small);\n  * “riot” is to be construed in accordance with section 1 of the Public Order Act 1986.\nThis Ground applies only in relation to dwelling-houses in England.\n\nGround 14A\n\nThe dwelling-house was occupied (whether alone or with others) by a married couple, a couple who are civil partners of each other... or a couple living together as if they were a married couple or civil partners and—\n(a) one or both of the partners is a tenant of the dwelling-house,\n(b) the landlord who is seeking possession is a non-profit registered provider of social housing, a registered social landlord or a charitable housing trust or, where the dwelling-house is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, a profit-making registered provider of social housing,\n(c) one partner has left the dwelling-house because of violence or threats of violence by the other towards—\n(i) that partner, or\n(ii) a member of the family of that partner who was residing with that partner immediately before the partner left, and\n(d) the court is satisfied that the partner who has left is unlikely to return.\nFor the purposes of this ground “registered social landlord” and “member of the family” have the same meaning as in Part I of the Housing Act 1996 and “ charitable housing trust ” means a housing trust, within the meaning of the Housing Associations Act 1985, which is a charity ....\n\nGround 15\n\nThe condition of any furniture provided for use under the tenancy has, in the opinion of the court, deteriorated owing to ill-treatment by the tenant or any other person residing in the dwelling-house and, in the case of ill-treatment by a person lodging with the tenant or by a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.\n\nGround 16\n\nThe dwelling-house was let to the tenant in consequence of his employment by the landlord seeking possession or a previous landlord under the tenancy and the tenant has ceased to be in that employment.\nFor the purposes of this ground, at a time when the landlord is or was the Secretary of State, employment by a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990, or by a Local Health Board, shall be regarded as employment by the Secretary of State.\n\nGround 17\nThe tenant is the person, or one of the persons, to whom the tenancy was granted and the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by—\n(a) the tenant, or\n(b) a person acting at the tenant’s instigation.\n\nPart III Suitable Alternative Accommodation\n1 For the purposes of Ground 9 above, a certificate of the local housing authority for the district in which the dwelling-house in question is situated, certifying that the authority will provide suitable alternative accommodation for the tenant by a date specified in the certificate, shall be conclusive evidence that suitable alternative accommodation will be available for him by that date.\n2 Where no such certificate as is mentioned in paragraph I above is produced to the court, accommodation shall be deemed to be suitable for the purposes of Ground 9 above if it consists of either—\n(a) premises which are to be let as a separate dwelling such that they will then be let on an assured tenancy, other than—\n(i) a tenancy in respect of which notice is given not later than the beginning of the tenancy that possession might be recovered on any of Grounds 1 to 5 above, or\n(ii) an assured shorthold tenancy, within the meaning of Chapter II of Part I of this Act, or\n(b) premises to be let as a separate dwelling on terms which will, in the opinion of the court, afford to the tenant security of tenure reasonably equivalent to the security afforded by Chapter I of Part I of this Act in the case of an assured tenancy of a kind mentioned in sub-paragraph (a) above,\nand, in the opinion of the court, the accommodation fulfils the relevant conditions as defined in paragraph 3 below.\n3(1)For the purposes of paragraph 2 above, the relevant conditions are that the accommodation is reasonably suitable to the needs of the tenant and his family as regards proximity to place of work, and either—\n(a) similar as regards rental and extent to the accommodation afforded by dwelling-houses provided in the neighbourhood by any local housing authority for persons whose needs as regards extent are, in the opinion of the court, similar to those of the tenant and of his family; or\n(b) reasonably suitable to the means of the tenant and to the needs of the tenant and his family as regards extent and character; and\nthat if any furniture was provided for use under the assured tenancy in question, furniture is provided for use in the accommodation which is either similar to that so provided or is reasonably suitable to the needs of the tenant and his family.\n(2) For the purposes of sub-paragraph (1)(a) above, a certificate of a local housing authority stating—\n(a) the extent of the accommodation afforded by dwelling-houses provided by the authority to meet the needs of tenants with families of such number as may be specified in the certificate, and\n(b) the amount of the rent charged by the authority for dwelling-houses affording accommodation of that extent,\nshall be conclusive evidence of the facts so stated.\n4 Accommodation shall not be deemed to be suitable to the needs of the tenant and his family if the result of their occupation of the accommodation would be that it would be an overcrowded dwelling-house for the purposes of Part X of the Housing Act 1985.\n5 Any document purporting to be a certificate of a local housing authority named therein issued for the purposes of this Part of this Schedule and to be signed by the proper officer of that authority shall be received in evidence and, unless the contrary is shown, shall be deemed to be such a certificate without further proof.\n6 In this Part of this Schedule “local housing authority” and “district”, in relation to such an authority, have the same meaning as in the Housing Act 1985.\n\nPart IV Notices Relating to Recovery of Possession\n7 Any reference in Grounds I to 5 in Part I of this Schedule or in the following provisions of this Part to the landlord giving a notice in writing to the tenant is, in the case of joint landlords, a reference to at least one of the joint landlords giving such a notice.\n8(1)If, not later than the beginning of a tenancy (in this paragraph referred to as “the earlier tenancy”), the landlord gives such a notice in writing to the tenant as is mentioned in any of Grounds I to 5 in Part I of this Schedule, then, for the purposes of the ground in question and any further application of this paragraph, that notice shall also have effect as if it had been given immediately before the beginning of any later tenancy falling within sub-paragraph (2) below.\n(2) Subject to sub-paragraph (3) below, sub-paragraph (1) above applies to a later tenancy—\n(a) which takes effect immediately on the coming to an end of the earlier tenancy; and\n(b) which is granted (or deemed to be granted) to the person who was the tenant under the earlier tenancy immediately before it came to an end; and\n(c) which is of substantially the same dwelling-house as the earlier tenancy.\n(3) Sub-paragraph (1) above does not apply in relation to a later tenancy if, not later than the beginning of the tenancy, the landlord gave notice in writing to the tenant that the tenancy is not one in respect of which possession can be recovered on the ground in question.\n9 Where paragraph 8(1) above has effect in relation to a notice given as mentioned in Ground I in Part I of this Schedule, the reference in paragraph (b) of that ground to the reversion on the tenancy is a reference to the reversion on the earlier tenancy and on any later tenancy falling within paragraph 8(2) above.\n10 Where paragraph 8(1) above has effect in relation to a notice given as mentioned in Ground 3 or Ground 4 in Part I of this Schedule, any second or subsequent tenancy in relation to which the notice has effect shall be treated for the purpose of that ground as beginning at the beginning of the tenancy in respect of which the notice was actually given.\n11 Any reference in Grounds 1 to 5 in Part I of this Schedule to a notice being given not later than the beginning of the tenancy is a reference to its being given not later than the day on which the tenancy is entered into and, accordingly, section 45(2) of this Act shall not apply to any such reference.\n\nSCHEDULE 2A Assured Tenancies: Non-Shortholds\n\nTenancies excluded by notice\n1(1)An assured tenancy in respect of which a notice is served as mentioned in sub-paragraph (2) below.\n(2) The notice referred to in sub-paragraph (1) above is one which—\n(a) is served before the assured tenancy is entered into,\n(b) is served by the person who is to be the landlord under the assured tenancy on the person who is to be the tenant under that tenancy, and\n(c) states that the assured tenancy to which it relates is not to be an assured shorthold tenancy.\n2(1)An assured tenancy in respect of which a notice is served as mentioned in sub-paragraph (2) below.\n(2) The notice referred to in sub-paragraph (1) above is one which—\n(a) is served after the assured tenancy has been entered into,\n(b) is served by the landlord under the assured tenancy on the tenant under that tenancy, and\n(c) states that the assured tenancy to which it relates is no longer an assured shorthold tenancy.\n\nTenancies containing exclusionary provision\n3 An assured tenancy which contains a provision to the effect that the tenancy is not an assured shorthold tenancy.\n\nTenancies under section 39\n4 An assured tenancy arising by virtue of section 39 above, other than one to which subsection (7) of that section applies.\n\nFormer secure tenancies\n5 An assured tenancy which became an assured tenancy on ceasing to be a secure tenancy.\n\nFormer demoted tenancies\n5AAn assured tenancy which ceases to be an assured shorthold tenancy by virtue of section 20B(2) or (4).\n\nTenancies under Schedule 10 to the Local Government and Housing Act 1989\n6 An assured tenancy arising by virtue of Schedule 10 to the Local Government and Housing Act 1989 (security of tenure on ending of long residential tenancies).\n\nTenancies replacing non-shortholds\n7(1)An assured tenancy which—\n(a) is granted to a person (alone or jointly with others) who, immediately before the tenancy was granted, was the tenant (or, in the case of joint tenants, one of the tenants) under an assured tenancy other than a shorthold tenancy ( “the old tenancy”),\n(b) is granted (alone or jointly with others) by a person who was at that time the landlord (or one of the joint landlords) under the old tenancy, and\n(c) is not one in respect of which a notice is served as mentioned in sub-paragraph (2) below.\n(2) The notice referred to in sub-paragraph (1)(c) above is one which—\n(a) is in such form as may be prescribed,\n(b) is served before the assured tenancy is entered into,\n(c) is served by the person who is to be the tenant under the assured tenancy on the person who is to be the landlord under that tenancy (or, in the case of joint landlords, on at least one of the persons who are to be joint landlords), and\n(d) states that the assured tenancy to which it relates is to be a shorthold tenancy.\n8 An assured tenancy which comes into being by virtue of section 5 above on the coming to an end of an assured tenancy which is not a shorthold tenancy.\n\nAssured agricultural occupancies\n9(1)An assured tenancy—\n(a) in the case of which the agricultural worker condition is, by virtue of any provision of Schedule 3 to this Act, for the time being fulfilled with respect to the dwelling-house subject to the tenancy, and\n(b) which does not fall within sub-paragraph (2) or (4) below.\n(2) An assured tenancy falls within this sub-paragraph if—\n(a) before it is entered into, a notice—\n(i) in such form as may be prescribed, and\n(ii) stating that the tenancy is to be a shorthold tenancy,\nis served by the person who is to be the landlord under the tenancy on the person who is to be the tenant under it, and\n(b) it is not an excepted tenancy.\n(3) For the purposes of sub-paragraph (2)(b) above, an assured tenancy is an excepted tenancy if—\n(a) the person to whom it is granted or, as the case may be, at least one of the persons to whom it is granted was, immediately before it is granted, a tenant or licensee under an assured agricultural occupancy, and\n(b) the person by whom it is granted or, as the case may be, at least one of the persons by whom it is granted was, immediately before it is granted, a landlord or licensor under the assured agricultural occupancy referred to in paragraph (a) above.\n(4) An assured tenancy falls within this sub-paragraph if it comes into being by virtue of section 5 above on the coming to an end of a tenancy falling within sub-paragraph (2) above.\nSection 24.\n\nSCHEDULE 3 Agricultural Worker Conditions\n\nInterpretation\n1(1)In this Schedule—\n  * “the 1976 Act” means the Rent (Agriculture) Act 1976;\n  * “agriculture” has the same meaning as in the 1976 Act; and\n  * “relevant tenancy or licence” means a tenancy or licence of a description specified in section 24(2) of this Act.\n(2) In relation to a relevant tenancy or licence—\n(a) “the occupier” means the tenant or licensee; and\n(b) “the dwelling-house” means the dwelling-house which is let under the tenancy or, as the case may be, is occupied under the licence.\n(3) Schedule 3 to the 1976 Act applies for the purposes of this Schedule as it applies for the purposes of that Act and, accordingly, shall have effect to determine—\n(a) whether a person is a qualifying worker;\n(b) whether a person is incapable of whole-time work in agriculture, or work in agriculture as a permit worker, in consequence of a qualifying injury or disease; and\n(c) whether a dwelling-house is in qualifying ownership.\n\nThe conditions\n2 The agricultural worker condition is fulfilled with respect to a dwelling-house subject to a relevant tenancy or licence if—\n(a) the dwelling-house is or has been in qualifying ownership at any time during the subsistence of the tenancy or licence (whether or not it was at that time a relevant tenancy or licence); and\n(b) the occupier or, where there are joint occupiers, at least one of them—\n(i) is a qualifying worker or has been a qualifying worker at any time during the subsistence of the tenancy or licence (whether or not it was at that time a relevant tenancy or licence); or\n(ii) is incapable of whole-time work in agriculture or work in agriculture as a permit worker in consequence of a qualifying injury or disease.\n3(1)The agricultural worker condition is also fulfilled with respect to a dwelling-house subject to a relevant tenancy or licence if—\n(a) that condition was previously fulfilled with respect to the dwelling-house but the person who was then the occupier or, as the case may be, a person who was one of the joint occupiers (whether or not under the same relevant tenancy or licence) has died; and\n(b) that condition ceased to be fulfilled on the death of the occupier referred to in paragraph (a) above (hereinafter referred to as “the previous qualifying occupier”); and\n(c) the occupier is either—\n(i) the qualifying surviving partner of the previous qualifying occupier; or\n(ii) the qualifying member of the previous qualifying occupier’s family.\n(2) For the purposes of sub-paragraph (1)(c)(i) above and sub-paragraph (3) below—\n(a)“surviving partner” means widow, widower or surviving civil partner; and\n(b) a surviving partner of the previous qualifying occupier of the dwelling-house is a qualifying surviving partner if that surviving partner was residing in the dwelling-house immediately before the previous qualifying occupier’s death.\n(3) Subject to sub-paragraph (4) below, for the purposes of sub-paragraph (1)(c)(ii) above, a member of the family of the previous qualifying occupier of the dwelling-house is the qualifying member of the family if—\n(a) on the death of the previous qualifying occupier there was no qualifying surviving partner ; and\n(b) the member of the family was residing in the dwelling-house with the previous qualifying occupier at the time of, and for the period of two years before, his death.\n(4) Not more than one member of the previous qualifying occupier’s family may be taken into account in determining whether the agricultural worker condition is fulfilled by virtue of this paragraph and, accordingly, if there is more than one member of the family—\n(a) who is the occupier in relation to the relevant tenancy or licence, and\n(b) who, apart from this sub-paragraph, would be the qualifying member of the family by virtue of sub-paragraph (3) above,\nonly that one of those members of the family who may be decided by agreement or, in default of agreement by the county court, shall be the qualifying member.\n(5) For the purposes of sub-paragraph (2)(a) above, a person who, immediately before the previous qualifying occupier’s death, was living together with the previous occupier as if they were a married couple or civil partners shall be treated as the widow, widower or surviving civil partner of the previous occupier.\n(6) If, immediately before the death of the previous qualifying occupier, there is, by virtue of sub-paragraph (5) above, more than one person who falls within sub-paragraph (1)(c)(i) above, such one of them as may be decided by agreement or, in default of agreement, by the county court shall be treated as the qualifying surviving partner for the purposes of this paragraph.\n4 The agricultural worker condition is also fulfilled with respect to a dwelling-house subject to a relevant tenancy or licence if—\n(a) the tenancy or licence was granted to the occupier or, where there are joint occupiers, at least one of them in consideration of his giving up possession of another dwelling-house of which he was then occupier (or one of joint occupiers) under another relevant tenancy or licence; and\n(b) immediately before he gave up possession of that dwelling-house, as a result of his occupation the agricultural worker condition was fulfilled with respect to it (whether by virtue of paragraph 2 or paragraph 3 above or this paragraph);\nand the reference in paragraph (a) above to a tenancy or licence granted to the occupier or at least one of joint occupiers includes a reference to the case where the grant is to him together with one or more other persons.\n5(1)This paragraph applies where—\n(a) by virtue of any of paragraphs 2 to 4 above, the agricultural worker condition is fulfilled with respect to a dwelling-house subject to a relevant tenancy or licence (in this paragraph referred to as “the earlier tenancy or licence”); and\n(b) another relevant tenancy or licence of the same dwelling-house (in this paragraph referred to as “the later tenancy or licence”) is granted to the person who, immediately before the grant, was the occupier or one of the joint occupiers under the earlier tenancy or licence and as a result of whose occupation the agricultural worker condition was fulfilled as mentioned in paragraph (a) above;\nand the reference in paragraph (b) above to the grant of the later tenancy or licence to the person mentioned in that paragraph includes a reference to the case where the grant is to that person together with one or more other persons.\n(2) So long as a person as a result of whose occupation of the dwelling-house the agricultural worker condition was fulfilled with respect to the earlier tenancy or licence continues to be the occupier, or one of the joint occupiers, under the later tenancy or licence, the agricultural worker condition shall be fulfilled with respect to the dwelling-house.\n(3) For the purposes of paragraphs 3 and 4 above and any further application of this paragraph, where sub-paragraph (2) above has effect, the agricultural worker condition shall be treated as fulfilled so far as concerns the later tenancy or licence by virtue of the same paragraph of this Schedule as was applicable (or, as the case may be, last applicable) in the case of the earlier tenancy or licence.\nSection 39.\n\nSCHEDULE 4 Statutory Tenants: Succession\n\nPart I Amendments of Schedule 1 to Rent Act 1977\n1 In paragraph 1 the words “or, as the case may be, paragraph 3” shall be omitted.\n2 At the end of paragraph 2 there shall be inserted the following sub-paragraphs—\n“(2)For the purposes of this paragraph, a person who was living with the original tenant as his or her wife or husband shall be treated as the spouse of the original tenant.\n(3) If, immediately after the death of the original tenant, there is, by virtue of sub-paragraph (2) above, more than one person who fulfils the conditions in sub-paragraph (1) above, such one of them as may be decided by agreement or, in default of agreement, by the county court shall be treated as the surviving spouse for the purposes of this paragraph.”\n3 In paragraph 3—\n(a) after the words “residing with him” there shall be inserted “ “in the dwelling-house ”;\n(b) for the words “period of 6 months” there shall be substituted “ “period of 2 years ”;\n(c) for the words from “the statutory tenant” onwards there shall be substituted “ “entitled to an assured tenancy of the dwelling-house by succession ”; and\n(d) at the end there shall be added the following sub-paragraph—\n“(2)If the original tenant died within the period of 18 months beginning on the operative date, then, for the purposes of this paragraph, a person who was residing in the dwelling-house with the original tenant at the time of his death and for the period which began 6 months before the operative date and ended at the time of his death shall be taken to have been residing with the original tenant for the period of 2 years immediately before his death.”\n4 In paragraph 4 the words “or 3” shall be omitted.\n5 In paragraph 5—\n(a) for the words from “or, as the case may be” to “of this Act” there shall be substituted “ “below shall have effect ”; and\n(b) for the words “the statutory tenant” there shall be substituted “ “entitled to an assured tenancy of the dwelling-house by succession ”.\n6 For paragraph 6 there shall be substituted the following paragraph—\n“6(1)Where a person who—\n(a) was a member of the original tenant’s family immediately before that tenant’s death, and\n(b) was a member of the first successor’s family immediately before the first successor’s death,\nwas residing in the dwelling-house with the first successor at the time of, and for the period of 2 years immediately before, the first successor’s death, that person or, if there is more than one such person, such one of them as may be decided by agreement or, in default of agreement, by the county court shall be entitled to an assured tenancy of the dwelling-house by succession.\n(2) If the first successor died within the period of 18 months beginning on the operative date, then, for the purposes of this paragraph, a person who was residing in the dwelling-house with the first successor at the time of his death and for the period which began 6 months before the operative date and ended at the time of his death shall be taken to have been residing with the first successor for the period of 2 years immediately before his death.”\n7 Paragraph 7 shall be omitted.\n8 In paragraph 10(1)(a) for the words “paragraphs 6 or 7” there shall be substituted “ “paragraph 6 ”.\n9 At the end of paragraph 11 there shall be inserted the following paragraph—\n“11AIn this Part of this Schedule “the operative date” means the date on which Part I of the Housing Act 1988 came into force.”\n\nPart II Amendments of Section 4 of Rent (Agriculture) Act 1976\n10 In subsection (2) the words “or, as the case may be, subsection (4)” shall be omitted.\n11 In subsection (4)—\n(a) in paragraph (b) after the words “residing with him” there shall be inserted “ “in the dwelling-house ” and for the words “period of six months” there shall be substituted “ “period of 2 years ”; and\n(b) for the words from “the statutory tenant” onwards there shall be substituted “ “entitled to an assured tenancy of the dwelling-house by succession ”.\n12 In subsection (5) for the words “subsections (1), (3) and (4)” there shall be substituted “ “subsections (1) and (3) ” and after that subsection there shall be inserted the following subsections—\n“(5A)For the purposes of subsection (3) above, a person who was living with the original occupier as his or her wife or husband shall be treated as the spouse of the original occupier and, subject to subsection (5B) below, the references in subsection (3) above to a widow and in subsection (4) above to a surviving spouse shall be construed accordingly.\n(5B) If, immediately after the death of the original occupier, there is, by virtue of subsection (5A) above, more than one person who fulfils the conditions in subsection (3) above, such one of them as may be decided by agreement or, in default of agreement by the county court, shall be the statutory tenant by virtue of that subsection.\n(5C) If the original occupier died within the period of 18 months beginning on the operative date, then, for the purposes of subsection (3) above, a person who was residing in the dwelling-house with the original occupier at the time of his death and for the period which began 6 months before the operative date and ended at the time of his death shall be taken to have been residing with the original occupier for the period of 2 years immediately before his death; and in this subsection “the operative date” means the date on which Part I of the Housing Act 1988 came into force.”\n\nPart III Modifications of Section 7 and Schedule 2\n13(1)Subject to sub-paragraph (2) below, in relation to the assured tenancy to which the successor becomes entitled by succession, section 7 of this Act shall have effect as if in subsection (3) after the word “established” there were inserted the words “ “or that the circumstances are as specified in any of Cases 11, 12, 16, 17, 18 and 20 in Schedule 15 to the Rent Act 1977 ”.\n(2) Sub-paragraph (1) above does not apply if, by virtue of section 39(8) of this Act, the assured tenancy to which the successor becomes entitled is an assured agricultural occupancy.\n14 If by virtue of section 39(8) of this Act, the assured tenancy to which the successor becomes entitled is an assured agricultural occupancy, section 7 of this Act shall have effect in relation to that tenancy as if in subsection (3) after the word “established” there were inserted the words “ “or that the circumstances are as specified in Case XI or Case XII of the Rent (Agriculture) Act 1976 ”.\n15(1)In relation to the assured tenancy to which the successor becomes entitled by succession, any notice given to the predecessor for the purposes of Case 13, Case 14 or Case 15 in Schedule 15 to the Rent Act 1977 shall be treated as having been given for the purposes of whichever of Grounds 3 to 5 in Schedule 2 to this Act corresponds to the Case in question.\n(2) Where sub-paragraph (1) above applies, the regulated tenancy of the predecessor shall be treated, in relation to the assured tenancy of the successor, as “the earlier tenancy” for the purposes of Part IV of Schedule 2 to this Act.\n\nSCHEDULE 5\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\nSection 59.\n\nSCHEDULE 6 Amendments of Housing Associations Act 1985\n\nPart I Amendments of Part I with Respect to the Housing Corporation, Housing for Wales and Scottish Homes\n1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n7(1)In section 9 (control by Corporation of disposition of land by housing associations) for subsection (1) there shall be substituted the following subsections—\n“(1)Subject to section 10 and sections 81(7), 105(6) and 133(7) of the Housing Act 1988, the consent of the Corporation is required for any disposition of land by a registered housing association.\n(1A) Subject to section 10, the consent of the relevant Corporation is required for any disposition of grant-aided land (as defined in Schedule 1) by an unregistered housing association; and for this purpose “ the relevant Corporation ” means,—\n(a) if the land is in England, the Housing Corporation;\n(b) if the land is in Scotland, Scottish Homes, and\n(c) if the land is in Wales, Housing for Wales.”\n(2) In subsection (3) of that section—\n(a) for the words “the consent of the Corporation”, in the first place where they occur, there shall be substituted “consent”; and\n(b) for the words “the consent of the Corporation”, in the second place where they occur, there shall be substituted “that consent”.\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n8(1)In section 10 (dispositions excepted from section 9), in subsection (1) for the words from “the Charity Commissioners”, in the second place where they occur, onwards there shall be substituted “before making an order in such a case the Charity Commissioners shall consult,—\n(a) in the case of dispositions of land in England, the Housing Corporation;\n(b) in the case of dispositions of land in Scotland, Scottish Homes; and\n(c) in the case of dispositions of land in Wales, Housing for Wales.”\n(2) In subsection (2) of that section at the end of paragraph (b) there shall be inserted “or\n(c) a letting of land under an assured tenancy or an assured agricultural occupancy, or\n(d) a letting of land in England or Wales under what would be an assured tenancy or an assured agricultural occupancy but for any of paragraphs 4 to 8 of Schedule 1 to the Housing Act 1988, or\n(e) a letting of land in Scotland under what would be an assured tenancy but for any of paragraphs 3 to 8 and 12 of Schedule 4 to the Housing (Scotland) Act 1988.”\n9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n23 In section 33 (recognition of central association), in subsection (1) after “housing associations” there shall be inserted “in Great Britain or in any part of Great Britain”.\n24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n25 In section 39 (minor definitions) before the definition of “mental disorder” there shall be inserted—\n“ “assured tenancy” has, in England and Wales, the same meaning as in Part I of the Housing Act 1988 and, in Scotland, the same meaning as in Part II of the Housing (Scotland) Act 1988;\n“assured agricultural occupancy” has the same meaning as in Part I of the Housing Act 1988.”\n26 In section 40 (index of defined expressions in Part I)—\n(a) after the entry relating to “appropriate registrar” there shall be inserted—\n“ “assured agricultural occupancy” section 39\n“assured tenancy” section 39”;\n(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nPart II Amendments of Part II with Respect to the Housing Corporation and Housing for Wales\n27(1)In section 63 (building society advances) for the words “the Housing Corporation”, in each place where they occur in subsections (1) and (2), there shall be substituted “one of the Corporations” and in subsection (1) (b) for the words “the Corporation” there shall be substituted “that one of the Corporations which is concerned”.\n(2) After subsection (2) of that section there shall be inserted the following subsection—\n“(2A)In this section “the Corporations” means the Housing Corporation and Housing for Wales”.\n28(1)In section 69 (power to vary or terminate certain agreements) at the end of subsection (1)(a) there shall be added “(including such an agreement under which rights and obligations have been transferred to Housing for Wales)”.\n(2) After subsection (2) of that section there shall be inserted the following subsection—\n“(2A)In the case of an agreement under which rights and obligations have been transferred to Housing for Wales, the reference to a party to the agreement includes a reference to Housing for Wales.”\n29 In section 69A (land subject to housing management agreement) for the words “housing association grant, revenue deficit grant or hostel deficit grant” there shall be substituted “grant under section 50 (housing association grant) or section 51 (revenue deficit grant) of the Housing Act 1988”.\n30(1)In Part I of Schedule 5 (residual subsidies)—\n(a) in paragraph 5(3) the words “at such times and in such places as the Treasury may direct” and “with the approval of the Treasury” shall be omitted; . . .\n(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(2) In Part II of that Schedule, in paragraph 5(3) the words “at such times and in such places as the Treasury may direct” and “with the approval of the Treasury” shall be omitted.\n\nPart III Amendments of Part III with Respect to the Housing Corporation and Housing for Wales\n31(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(2) In subsection (2) of that section for the words “the Corporation” there shall be substituted “the Housing Corporation”.\n(3) At the end of that section there shall be inserted the following subsections—\n“(3)In this Part “registered housing association” in relation to the Corporation, means a housing association registered in the register maintained by the Corporation.\n(4) In this Part,—\n(a) in relation to land in Wales held by an unregistered housing association, “the Corporation” means Housing for Wales; and\n(b) in relation to land outside Wales held by such an association, “the Corporation” means the Housing Corporation.”\n32 In section 75 (general functions), in subsection (1)(c) for the words “a register of housing associations” there shall be substituted “the register of housing associations referred to in section 3”.\n33 At the end of section 77 (advisory service) there shall be added the following subsection—\n“(3)The powers conferred on the Corporation by subsections (1) and (2) may be exercised by the Housing Corporation and Housing for Wales acting jointly”.\n34(1)In section 83 (power to guarantee loans), in subsection (3) (maximum amount outstanding in respect of loans etc.) for the words “the Corporation”, in each place where they occur, there shall be substituted “the Housing Corporation”.\n(2) After subsection (3) of that section there shall be inserted the following subsection—\n“(3A)The aggregate amount outstanding in respect of—\n(a) loans for which Housing for Wales has given a guarantee under this section, and\n(b) payments made by Housing for Wales in meeting an obligation arising by virtue of such a guarantee and not repaid to Housing for Wales,\nshall not exceed £30 million or such greater sum not exceeding £50 million as the Secretary of State may specify by order made with the approval of the Treasury”.\n(3) In subsection (4) of that section (procedure for orders of Secretary of State) after the words “subsection (3)” there shall be inserted “or subsection (3A)”.\n35\n35(1)In section 93 (limit on borrowing), in subsection (2) for the words from “shall not exceed” onwards there shall be substituted “shall not exceed the limit appropriate to the Corporation under subsection (2A)”.\n(2) At the end of subsection (2) of that section there shall be inserted the following subsection—\n“(2A)The limit referred to in subsection (2) is,—\n(a) in the case of the Housing Corporation, £2,000 million or such greater sum not exceeding £3,000 million as the Secretary of State may specify by order made with the consent of the Treasury; and\n(b) in the case of Housing for Wales, £250 million or such greater sum not exceeding £300 million as the Secretary of State may specify by order made with the consent of the Treasury.”\n(3) In subsections (3) to (5) of that section for “(2)”, in each place where it occurs, there shall be substituted “(2A)”.\n36 In section 106(1) (minor definitions: general) for the definition of “housing activities” there shall be substituted the following—\n“ “housing activities”, in relation to a registered housing association, means all its activities in pursuance of such of its purposes, objects or powers as are of a description mentioned in section 1(1) (a) or subsections (2) to (4) of section 4.”\n37 In Schedule 6, paragraph 3(3)(b) shall be omitted.\nSection 62(5).\n\nSCHEDULE 7 Housing Action Trusts: Constitution\n\nMembers\n1A housing action trust (in this Schedule referred to as a “trust”) shall consist of a chairman and such number of other members (not less than five but not exceeding eleven) as the Secretary of State may from time to time appoint.\n2(1)In appointing members of a trust the Secretary of State shall have regard to the desirability of securing the services of persons who live in or have special knowledge of the locality in which the designated area is situated and before appointing any such person as a member he shall consult every local housing authority any part of whose district is included in the designated area.\n(2) Before appointing a person to be a member of a trust the Secretary of State shall satisfy himself that that person will have no financial or other interest likely to affect prejudicially the exercise of his functions as a member; and the Secretary of State may require a person whom he proposes to appoint to give him such information as he considers necessary for that purpose.\n(3) For the purposes of sub-paragraph (2) above, the fact that a person is or may become a tenant of a trust shall not be regarded as giving to that person an interest likely to affect prejudicially the exercise of his functions as a member.\n(4) The Secretary of State shall appoint one of the members to be chairman and, if he thinks fit, another to be deputy chairman of the trust.\n3 Subject to the following provisions of this Schedule, each member of the trust as such and the chairman and deputy chairman as such shall hold and vacate office in accordance with his appointment.\n4 If the chairman or deputy chairman ceases to be a member of the trust, he shall also cease to be chairman or deputy chairman, as the case may be.\n5 Any member of the trust may, by notice in writing addressed to the Secretary of State, resign his membership; and the chairman or deputy chairman may, by like notice, resign his office as such.\n6 If the Secretary of State is satisfied that a member of the trust (including the chairman or deputy chairman)—\n(a) has become bankrupt or made an arrangement with his creditors or has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him, or\n(b) has been absent from meetings of the trust for a period longer than three consecutive months without the permission of the trust, or\n(c) is otherwise unable or unfit to discharge the functions of a member, or is unsuitable to continue as a member,\nthe Secretary of State may remove him from his office.\n7A member of the trust who ceases to be a member or ceases to be chairman or deputy chairman shall be eligible for reappointment.\n\nRemuneration\n8 The trust may pay to each member such remuneration and allowances as the Secretary of State may . . . determine.\n9 The trust may pay or make provision for paying, to or in respect of any member, such sums by way of pensions, allowances and gratuities as the Secretary of State may . . . determine and, . . ., the Secretary of State may undertake to meet any liabilities arising in respect of such pensions, allowances or gratuities after the dissolution of the trust.\n10 Where a person ceases to be a member of a trust and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the trust may make to him payment of such amount as the Secretary of State may . . . determine.\n\nStaff\n11(1)There shall be a chief officer of the trust who shall be appointed by the trust with the approval of the Secretary of State.\n(2) The chief officer shall be responsible to the trust for the general exercise of the trust’s functions.\n(3) The trust may appoint such number of other employees as may be approved by the Secretary of State.\n(4) References in paragraph 12 below to employees of the trust include references to the chief officer as well as other employees.\n12(1)Employees of the trust shall be appointed at such remuneration and on such other terms and conditions as the trust may determine.\n(2) The trust may pay such pensions, allowances or gratuities as it may determine to or in respect of any of its employees, make such payments as it may determine towards the provision of pensions, allowances or gratuities to or in respect of any of its employees or provide and maintain such schemes as it may determine (whether contributory or not) for the payment of pensions, allowances or gratuities to or in respect of any of its employees; and . . . the Secretary of State may undertake to meet any liabilities arising in respect of such pensions, allowances or gratuities after the dissolution of the trust.\n(3) The reference in sub-paragraph (2) above to pensions, allowances or gratuities to or in respect of any of the trust’s employees includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any of the trust’s employees who suffer loss of office or employment or loss or diminution of emoluments.\n(4) If an employee of the trust becomes a member and was by reference to his employment by the trust a participant in a pension scheme maintained by the trust for the benefit of any of its employees, the trust may determine that his service as a member shall be treated for the purposes of the scheme as service as an employee of the trust whether or not any benefits are to be payable to or in respect of him by virtue of paragraph 9 above.\n(5) A determination of the trust for the purposes of this paragraph is ineffective unless made with the approval of the Secretary of State . . ..\n\nMeetings and proceedings\n13 The quorum of the trust and the arrangements relating to its meetings shall, subject to any directions given by the Secretary of State, be such as the trust may determine.\n14 The validity of any proceedings of the trust shall not be affected by any vacancy among its members or by any defect in the appointment of any of its members.\n\nInstruments, etc.\n15 The fixing of the seal of the trust shall be authenticated by the signature of the chairman or of some other member authorised either generally or specially by the trust to act for that purpose.\n16 Any document purporting to be a document duly executed under the seal of the trust shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.\n17A document purporting to be signed on behalf of a trust shall be received in evidence and shall, unless the contrary is proved, be deemed to be so signed.\n\nHouse of Commons disqualification\n18 In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices), there shall be inserted at the appropriate place the following entry— “ Any member, in receipt of remuneration, of a housing action trust (within the meaning of Part III of the Housing Act 1988). ”\nSection 62(5).\n\nSCHEDULE 8 Housing Action Trusts: Finance Etc.\n\nPart I Preliminary\n1(1)References in this Schedule to a trust are to a housing action trust.\n(2) The financial year of a trust shall begin with 1 April and references to a financial year in relation to a trust shall be construed accordingly.\n\nPart II Finance\n\nFinancial duties\n2(1)After consultation with a trust, the Secretary of State may, with the Treasury’s approval, determine the financial duties of the trust, and different determinations may be made in relation to different trusts or for different functions and activities of the same trust.\n(2) The Secretary of State shall give the trust notice of every determination, and a determination may—\n(a) relate to a period beginning before the date on which it is made;\n(b) contain incidental or supplementary provisions; and\n(c) be varied by a subsequent determination.\n\nGovernment grants\n3(1)The Secretary of State may (out of moneys provided by Parliament and with the consent of the Treasury) pay to a trust, in respect of the exercise of its functions and in respect of its administrative expenses, such sums as he may (with the approval of the Treasury) determine.\n(2) The payment may be made on such terms as the Secretary of State (with the approval of the Treasury) provides.\n\nBorrowing\n4(1)A trust may borrow temporarily, by way of overdraft or otherwise, such sums as it may require for meeting its obligations and discharging its functions—\n(a) in sterling from the Secretary of State; or\n(b) with the consent of the Secretary of State, or in accordance with any general authority given by the Secretary of State, either in sterling or in currency other than sterling from a person other than the Secretary of State.\n(2) A trust may borrow otherwise than by way of temporary loan such sums as the trust may require—\n(a) in sterling from the Secretary of State; or\n(b) with the consent of the Secretary of State, in a currency other than sterling from a person other than the Secretary of State.\n(3) The Secretary of State may lend to a trust any sums it has power to borrow from him under sub-paragraph (1) or sub-paragraph (2) above.\n(4) The Treasury may issue to the Secretary of State out of the National Loans Fund any sums necessary to enable him to make loans under sub-paragraph (3) above.\n(5) Loans made under sub-paragraph (3)\nabove shall be repaid to the Secretary of State at such times and by such methods, and interest on the loans shall be paid to him at such times and at such rates, as he may determine.\n(6) All sums received by the Secretary of State under sub-paragraph (5)\nabove shall be paid into the National Loans Fund.\n(7) References in this paragraph to the Secretary of State are references to him acting with the approval of the Treasury.\n\nGuarantees\n5(1)The Treasury may guarantee, in such manner and on such conditions as they think fit, the repayment of the principal of and the payment of interest on any sums which a trust borrows from a person or body other than the Secretary of State.\n(2) Immediately after a guarantee is given under this paragraph, the Treasury shall lay a statement of the guarantee before each House of Parliament; and, where any sum is issued for fulfilling a guarantee so given, the Treasury shall lay before each House of Parliament a statement relating to that sum, as soon as possible after the end of each financial year, beginning with that in which the sum is issued and ending with that in which all liability in respect of the principal of the sum and in respect of interest on it is finally discharged.\n(3) Any sums required for fulfilling a guarantee under this paragraph shall be charged on and issued out of—\n(a) the Consolidated Fund, if required by the Treasury, or\n(b) the Welsh Consolidated Fund, if required by the Welsh Ministers.\n(4) If any sums are issued in fulfilment of a guarantee given under this paragraph, the trust shall make to the Treasury, at such times and in such manner as the Treasury may from time to time direct, payments of such amounts as the Treasury so direct in or towards repayment of the sums so issued and payments of interest, at such rates as the Treasury so direct, on what is outstanding for the time being in respect of sums so issued.\n(5) Any sums received by the Treasury in pursuance of sub-paragraph (4)above shall be paid into the Consolidated Fund.\n\nAssumed debt\n6(1)On any acquisition to which this paragraph applies, a trust shall assume a debt to the Secretary of State of such amount as may be notified to the trust in writing by him, with the approval of the Treasury.\n(2) This paragraph applies to any acquisition by the trust of property held—\n(a) by or on behalf of the Crown; or\n(b) by a company all of whose shares are held by or on behalf of the Crown or by a wholly owned subsidiary of such a company.\n(3) Subject to sub-paragraph (4) below, the amount to be notified is the aggregate of the following—\n(a) the consideration given when the property was first brought into public ownership; and\n(b) the costs and expenses of and incidental to its being brought into public ownership.\n(4) If it appears to the Secretary of State that there has been such a change in circumstances since the property was first brought into public ownership that its true value would not be reflected by reference to the consideration mentioned in sub-paragraph (3) above, the Secretary of State, with the approval of the Treasury, shall determine the amount to be notified.\n(5) The rate of interest payable on the debt assumed by a trust under this paragraph, and the date from which interest is to begin to accrue, the arrangements for paying off the principal, and the other terms of the debt shall be such as the Secretary of State, with the approval of the Treasury, may from time to time determine.\n(6) Different rates and dates may be determined under sub-paragraph (5) above with respect to different portions of the debt.\n(7) Any sums received by the Secretary of State under sub-paragraph (5)\nabove shall be paid into the National Loans Fund.\n\nSurplus funds\n7(1)Where it appears to the Secretary of State, after consultation with the Treasury and the trust, that a trust has a surplus, whether on capital or on revenue account, after making allowance by way of transfer to reserve or otherwise for its future requirements, the trust shall, if the Secretary of State with the approval of the Treasury and after consultation with the trust so directs, pay to the Secretary of State such sum not exceeding the amount of that surplus as may be specified in the direction.\n(2) Any sum received by the Secretary of State under this paragraph shall, subject to sub-paragraph (4) below, be paid into the Consolidated Fund.\n(3) The whole or part of any payment made to the Secretary of State by a trust under sub-paragraph (1) above shall, if the Secretary of State with the approval of the Treasury so determines, be treated as made by way of repayment of such part of the principal of loans under paragraph 4(3) above, and as made in respect of the repayments due at such times, as may be so determined.\n(4) Any sum treated under sub-paragraph (3)\nabove as a repayment of a loan shall be paid by the Secretary of State into the National Loans Fund.\n\nFinancial limits\n8(1)The aggregate amount of the sums mentioned in sub-paragraph (2) below shall not exceed such sum as the Secretary of State, with the consent of the Treasury, may by order made by statutory instrument specify.\n(2) The sums are—\n(a) sums borrowed by all trusts under paragraph 4 above minus repayments made in respect of the sums; and\n(b) sums issued by the Treasury in fulfilment of guarantees under paragraph 5 above of debts of all trusts.\n(3) No order shall be made under sub-paragraph (1) above unless a draft of it has been laid before, and approved by a resolution of, the House of Commons.\n\nGrants and loans: accounts\n9(1)The Secretary of State shall prepare in respect of each financial year an account—\n(a) of the sums paid to trusts under paragraph 3 above;\n(b) of the sums issued to him under paragraph 4(4) above and the sums received by him under paragraph 4(5) above and of the disposal by him of those sums; and\n(c) of the sums paid into the Consolidated Fund or National Loans Fund under paragraph 7 above.\n(2) The Secretary of State shall send the account to the Comptroller and Auditor General before the end of the month of November next following the end of that year.\n(3) The Comptroller and Auditor General shall examine, certify and report on the account and lay copies of it and of his report before each House of Parliament.\n(4) The form of the account and the manner of preparing it shall be such as the Treasury may direct.\n\nPart III General Accounts Etc.\n\nAccounts\n10(1)A trust shall keep proper accounts and other records in relation to them.\n(2) The accounts and records shall show, in respect of the financial year to which they relate, a true and fair view of the trust’s activities.\n(3) A trust shall prepare in respect of each financial year a statement of accounts complying with any requirement which the Secretary of State has (with the consent of the Treasury) notified in writing to the trust relating to—\n(a) the information to be contained in the statement;\n(b) the manner in which the information is to be presented; and\n(c) the methods and principles according to which the statement is to be prepared.\n(4) Subject to any requirement notified to the trust under sub-paragraph (3) above, in preparing any statement of accounts in accordance with that sub-paragraph the trust shall follow, with respect to each of the matters specified in paragraphs (a) to (c) of that sub-paragraph, such course as may for the time being be approved by the Secretary of State with the consent of the Treasury.\n(5) Section 6 of the National Audit Act 1983 (which enables the Comptroller and Auditor General to conduct examinations into the economy, efficiency and effectiveness with which certain departments, authorities and bodies have used their resources) shall apply to a trust.\n\nAudit\n11(1)The trust’s accounts and statements of accounts shall be audited by an auditor to be appointed annually by the Secretary of State in relation to the trust.\n(2) A person shall not be appointed under sub-paragraph (1) above unless he is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006.\n(3) A person shall not be qualified for appointment under sub-paragraph (1) above if the person is—\n(a) a member, officer or servant of the trust,\n(b) a partner of, or employed by, a member, officer or servant of the trust, . . .\n(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nTransmission to Secretary of State\n12 As soon as the accounts and statement of accounts of the trust for any financial year have been audited, the trust shall send to the Secretary of State a copy of the statement, together with a copy of any report made by the auditor on the statement or on the accounts.\n\nReports\n13(1)As soon as possible after the end of each financial year, a trust shall make to the Secretary of State a report dealing generally with the trust’s operations during the year, and shall include in the report a copy of its audited statement of accounts for that year.\n(2) Without prejudice to the generality of sub-paragraph (1) above, a report shall give particulars of the name and address of every person who, in the financial year to which the report relates, has received financial assistance from the trust under section 71(1) of this Act, together with particulars of the form of the assistance, the amount involved and the purpose for which the assistance was given.\n(3) The Secretary of State shall lay a copy of the report before each House of Parliament.\n\nInformation\n14 Without prejudice to paragraph 13 above, a trust shall provide the Secretary of State with such information relating to its activities as he may require, and for that purpose shall permit any person authorised by the Secretary of State to inspect and make copies of the accounts, books, documents or papers of the trust and shall afford such explanation of them as that person or the Secretary of State may reasonably require.\nSection 76.\n\nSCHEDULE 9 Orders Vesting Land in Housing Action Trusts\n\nPart I Provisions Supplementing Section 76(1)—(3)\n1 In this Part of this Schedule “the principal section” means section 76 of this Act.\n2(1)In the principal section and paragraph 3 below, “statutory undertakers” and “statutory undertaking” shall be construed in accordance with paragraph 4 below.\n(2) In the principal section and the following provisions of this Part of this Schedule, “wholly-owned subsidiary” has the meaning given by section 1159 of the Companies Act 2006.\n3(1)In subsection (3) of the principal section the reference to the Secretary of State and the appropriate Minister—\n(a) in relation to statutory undertakers who are also statutory undertakers for the purposes of any provision of Part XI of the Town and Country Planning Act 1990, shall be construed as if contained in that Part; and\n(b) in relation to any other statutory undertakers shall be construed in accordance with an order made by the Secretary of State.\n(2) If, for the purposes of subsection (3) of the principal section, any question arises as to which Minister is the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury.\n4 In the principal section and, except where the context otherwise requires, in paragraph 3 above “statutory undertakers” means—\n(a) persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of electricity, hydraulic power or water;\n(b)... the British Steel Corporation, the Civil Aviation Authority, . . ., . . ., . . . and any other authority, body or undertakers which, by virtue of any enactment, are to be treated as statutory undertakers for any of the purposes of the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990 or the Planning (Hazardous Substances) Act 1990;\n(c) any other authority, body or undertakers specified in an order made by the Secretary of State; and\n(d) any wholly-owned subsidiary of any person, authority, body or undertakers mentioned in sub-paragraphs (a) and (b) above or specified in an order made under sub-paragraph (c) above;\nand “statutory undertaking” shall be construed accordingly.\n5 An order under any provision of this Part of this Schedule shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.\n\nPart II Modifications of Enactments\n\nLand Compensation Act 1961\n6 The Land Compensation Act 1961 shall have effect in relation to orders under section 76 of this Act subject to the modifications in paragraphs 7 to 11 below.\n7 References to the date of service of a notice to treat shall be treated as references to the date on which an order under section 76 of this Act comes into force.\n8 Section 17(2) shall be treated as if for the words “the acquiring authority have served a notice to treat in respect of the interest or an agreement has been made for the sale of the interest to that authority” there were substituted the words “an order under section 76 of the Housing Act 1988 vesting the land in which the interest subsists in a housing action trust has come into force, or an agreement has been made for the sale of the interest to such a trust”.\n9 In section 22—\n(a) subsection (2) shall be treated as if at the end of paragraph (c) there were added the words “or\n(cc) where an order has been made under section 76 of the Housing Act 1988 vesting the land in which the interest subsists in a housing action trust”; and\n(b) subsection (3) shall be treated as if, in paragraph (a), after the words “paragraph (b)” there were inserted “or paragraph (cc)”.\n10 Any reference to a notice to treat in section 39(2) shall be treated as a reference to an order under section 76 of this Act.\n11 In Schedule 2, paragraph 1(2) shall be treated as if at the end there were added the following paragraph—\n“(k)an acquisition by means of an order under section 76 of the Housing Act 1988 vesting land in a housing action trust.”\n\nCompulsory Purchase (Vesting Declarations) Act 1981\n12(1)In Schedule 2 to the Compulsory Purchase (Vesting Declarations) Act 1981 (vesting of land in urban development corporation), in paragraph I after the word “declaration)” there shall be inserted “ or under section 76 of the Housing Act 1988 (subsection (5) of which contains similar provision) ”.\n(2) At the end of sub-paragraph (a) of paragraph 3 of that Schedule there shall be added “ or, as the case may be, the housing action trust ”.\nSection 78.\n\nSCHEDULE 10 Housing Action Trusts: Land\n\nPart I Modifications of Acquisition of Land Act 1981\n1 The Acquisition of Land Act 1981 (in this Part referred to as “the 1981 Act”) shall apply in relation to the compulsory acquisition of land under section 77 of this Act with the modifications made by this Part of this Schedule.\n2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n3 The reference in section 17(3) of the 1981 Act to statutory undertakers includes a reference to a housing action trust.\n\nPart II Land: Supplementary\n\nExtinguishment of rights over land\n4(1)Subject to this paragraph, on an order under section 76 of this Act coming into force or the completion by a housing action trust of a compulsory acquisition of land under Part III of this Act, all private rights of way and rights of laying down, erecting, continuing or maintaining any apparatus on, under or over the land shall be extinguished, and any such apparatus shall vest in the trust.\n(2) Sub-paragraph (1) above does not apply—\n(a) to any right vested in, or apparatus belonging to, statutory undertakers for the purpose of carrying on their undertaking; or\n(b) to any right conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network system or to any electronic communications apparatus kept installed for the purposes of any such network .\n(3) In respect of any right or apparatus not falling within sub-paragraph (2) above, sub-paragraph (1) above shall have effect subject—\n(a) to any direction given by the Secretary of State before the coming into force of the order (or, as the case may be, by the trust before the completion of the acquisition) that sub-paragraph (1) above shall not apply to any right or apparatus specified in the direction, and\n(b) to any agreement which may be made (whether before or after the coming into force of the order or completion of the acquisition) between the Secretary of State (or trust) and the person in or to whom the right or apparatus in question is vested or belongs.\n(4) Any person who suffers loss by the extinguishment of a right or the vesting of any apparatus under this paragraph shall be entitled to compensation from the trust.\n(5) Any compensation payable under this paragraph shall be determined in accordance with the Land Compensation Act 1961.\n\n...\n5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nConsecrated land and burial grounds\n6(1)Any consecrated land, whether including a building or not, which has been vested in or acquired by a housing action trust for the purposes of Part III of this Act may (subject to the following provisions of this paragraph) be used by the trust, or by any other person, in any manner in accordance with planning permission, notwithstanding any obligation or restriction imposed under ecclesiastical law or otherwise in respect of consecrated land.\n(2) Sub-paragraph (1) above does not apply to land which consists or forms part of a burial ground.\n(3) Any use of consecrated land authorised by sub-paragraph (1) above, and the use of any land, not being consecrated land, vested or acquired as mentioned in that sub-paragraph which at the time of acquisition included a church or other building used or formerly used for religious worship or the site thereof, shall be subject to compliance with the prescribed requirements with respect to the removal and reinterment of any human remains, and the disposal of monuments and fixtures and furnishings; and, in the case of consecrated land, shall be subject to such provisions as may be prescribed for prohibiting or restricting the use of the land, either absolutely or until the prescribed consent has been obtained, so long as any church or other building used or formerly used for religious worship, or any part thereof, remains on the land.\n(4) Any regulations made for the purposes of sub-paragraph (3) above—\n(a) shall contain such provisions as appear to the Secretary of State to be requisite for securing that any use of land which is subject to compliance with the regulations shall, as nearly as may be, be subject to the like control as is imposed by law in the case of a similar use authorised by an enactment not contained in this Act or by a Measure, or as it would be proper to impose on a disposal of the land in question otherwise than in pursuance of an enactment or Measure;\n(b) shall contain requirements relating to the disposal of any such land as is mentioned in sub-paragraph (3) above such as appear to the Secretary of State requisite for securing that the provisions of that sub-paragraph shall be complied with in relation to the use of the land; and\n(c) may contain such incidental and consequential provisions (including provision as to the closing of registers) as appear to the Secretary of State to be expedient for the purposes of the regulations.\n(5) Any land consisting of a burial ground or part of a burial ground which has been vested in or acquired by a housing action trust for the purposes of Part III of this Act may be used by the trust in any manner in accordance with planning permission, notwithstanding anything in any enactment relating to burial grounds or any obligation or restriction imposed under ecclesiastical law or otherwise in respect of burial grounds.\n(6) Sub-paragraph (5) above shall not have effect in respect of any land which has been used for the burial of the dead until the prescribed requirements with respect to the removal and reinterment of human remains and the disposal of monuments in or upon the land have been complied with.\n(7) Provision shall be made by any regulations made for the purposes ofsub-paragraphs (3) and (6) above—\n(a) for requiring the persons in whom the land is vested to publish notice of their intention to carry out the removal and reinterment of any human remains or the disposal of any monuments; and\n(b) for enabling the personal representatives or relatives of any deceased person themselves to undertake the removal and reinterment of the remains of the deceased and the disposal of any monument commemorating the deceased, and for requiring the persons in whom the land is vested to defray the expenses of such removal, reinterment and disposal, not exceeding such amount as may be prescribed; and\n(c) for requiring compliance with such reasonable conditions (if any) as may be imposed, in the case of consecrated land, by the bishop of the diocese, with respect to the manner of removal and the place and manner of reinterment of any human remains and the disposal of any monuments; and\n(d) for requiring compliance with any directions given in any case by the Secretary of State with respect to the removal and reinterment of any human remains.\n(8) Subject to the provisions of any such regulations as are referred to in sub-paragraph (7) above, no faculty shall be required for the removal and reinterment in accordance with the regulations of any human remains or for the removal or disposal of any monuments, and the provisions of section 25 of the Burial Act 1857 (which prohibits the removal of human remains without the licence of the Secretary of State except in certain cases) shall not apply to a removal carried out in accordance with the regulations.\n(9) Any power conferred by this paragraph to use land in a manner therein mentioned shall be construed as a power so to use the land, whether it involves the erection, construction or carrying out of any building or work, or the maintenance of any building or work, or not.\n(10) Nothing in this paragraph shall 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 contravention of any such obligation, restriction or enactment as is mentioned in sub-paragraph (1) or sub-paragraph (5) above.\n(11) Nothing in this paragraph shall be construed as authorising any act or omission on the part of a housing action trust, or of any body corporate, in contravention of any limitation imposed by law on its capacity by virtue of the constitution of the trust or body.\n(12) In this paragraph “burial ground” includes any churchyard, cemetery or other ground, whether consecrated or not, which has at any time been set apart for the purposes of interment, and “monument” includes a tombstone or other memorial.\n(13) In this paragraph “prescribed” means prescribed by regulations made by the Secretary of State.\n(14) The power to make regulations under this paragraph shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.\n\nOpen spaces\n7(1)Any land being, or forming part of, a common, open space or fuel or field garden allotment, which has been vested in or acquired by a housing action trust for the purposes of Part III of this Act may be used by the trust, or by any other person, in any manner in accordance with planning permission, notwithstanding anything in any enactment relating to land of that kind, or in any enactment by which the land is specially regulated.\n(2) Nothing in this paragraph shall 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 contravention of any such enactment as is mentioned in sub-paragraph (1) above.\n(3) Nothing in this paragraph shall be construed as authorising any act or omission on the part of a housing action trust, or of any body corporate, in contravention of any limitation imposed by law on its capacity by virtue of the constitution of the trust or body.\n\nDisplacement of persons\n8 If the Secretary of State certifies that possession of a house which has been vested in or acquired by a housing action trust for the purposes of Part III of this Act and is for the time being held by that trust for the purposes for which it was acquired, is immediately required for those purposes, nothing in the Rent (Agriculture) Act 1976 or the Rent Act 1977 or this Act shall prevent that trust from obtaining possession of the house.\n\nExtinguishment of public rights of way\n9(1)Where any land has been vested in or acquired by a housing action trust for the purposes of Part III of this Act and is for the time being held by that trust for those purposes, the Secretary of State may by order extinguish any public right of way over the land.\n(2) Where the Secretary of State proposes to make an order under this paragraph, he shall publish in such manner as appears to him to be requisite a notice—\n(a) stating the effect of the order, and\n(b) specifying the time (not being less than 28 days from the publication of the notice) within which, and the manner in which, objections to the proposal may be made,\nand shall serve a like notice—\n(i) on the local planning authority in whose area the land is situated; and\n(ii) on the relevant highway authority.\n(3) In sub-paragraph (2) above “the relevant highway authority” means any authority which is a highway authority in relation to the right of way proposed to be extinguished by the order under this paragraph.\n(4) Where an objection to a proposal to make an order under this paragraph is duly made and is not withdrawn, the provisions of paragraph 10 below shall have effect in relation to the proposal.\n(5) For the purposes of this paragraph an objection to such a proposal shall not be treated as duly made unless—\n(a) it is made within the time and in the manner specified in the notice required by this paragraph; and\n(b) a statement in writing of the grounds of the objection is comprised in or submitted with the objection.\n(6) Where it is proposed to make an order under this paragraph extinguishing a public right of way over a road on land acquired for the purposes of this Act by a housing action trust and compensation in respect of restrictions imposed under section 1 or section 2 of the Restriction of Ribbon Development Act 1935 in respect of that road has been paid by the highway authority (or, in the case of a trunk road, by the authority which, when the compensation was paid, was the authority for the purposes of section 4 of the Trunk Roads Act 1936), the order may provide for the payment by the housing action trust to that authority, in respect of the compensation so paid, of such sums as the Secretary of State, with the consent of the Treasury, may determine.\n(7) Where the Secretary of State makes an order under this paragraph on the application of a housing action trust, he shall send a copy of it to the universal service provider (within the meaning of Part 3 of the Postal Services Act 2011) who provides a universal postal service (within the meaning of that Part) for the area in which the land is situated.\n10(1)In this paragraph any reference to making a final decision, in relation to an order, is a reference to deciding whether to make the order or what modification, if any, ought to be made.\n(2) Unless the Secretary of State decides apart from the objection not to make the order, or decides to make a modification which is agreed to by the objector as meeting the objection, the Secretary of State shall, before making a final decision, consider the grounds of the objection as set out in the statement comprised in or submitted with the objection, and may, if he thinks fit, require the objector to submit within a specified period a further statement in writing as to any of the matters to which the objection relates.\n(3) In so far as the Secretary of State, after considering the grounds of the objection as set out in the original statement and in any such further statement, is satisfied that the objection relates to a matter which can be dealt with in the assessment of compensation, the Secretary of State may treat the objection as irrelevant for the purpose of making a final decision.\n(4) If, after considering the grounds of the objection as set out in the original statement and in any such further statement, the Secretary of State is satisfied that, for the purpose of making a final decision, he is sufficiently informed as to the matters to which the objection relates, or if, where a further statement has been required, it is not submitted within the specified period, the Secretary of State may make a final decision without further investigation as to those matters.\n(5) Subject to sub-paragraphs (3) and (4) above, the Secretary of State, before making a final decision, shall afford to the objector an opportunity of appearing before, and being heard by, a person appointed for the purpose by the Secretary of State; and if the objector avails himself of that opportunity, the Secretary of State shall afford an opportunity of appearing and being heard on the same occasion to the housing action trust on whose representation the order is proposed to be made, and to any other persons to whom it appears to the Secretary of State to be expedient to afford such an opportunity.\n(6) Notwithstanding anything in the preceding provisions of this paragraph, if it appears to the Secretary of State that the matters to which the objection relates are such as to require investigation by public local inquiry before he makes a final decision, he shall cause such an inquiry to be held; and where he determines to cause such an inquiry to be held, any of the requirements of those provisions to which effect has not been given at the time of that determination shall be dispensed with.\n\nTelegraphic lines\n11(1)Where an order under paragraph 9 above extinguishing a public right of way is made on the application of a housing action trust and at the time of the publication of the notice required by sub-paragraph (2) of that paragraph any electronic communications apparatus was kept installed for the purposes of an electronic communications code network under, in, on, over, along or across the land over which the right of way subsisted—\n(a) the power of the operator of the network to remove the apparatus shall, notwithstanding the making of the order, be exercisable at any time not later than the end of the period of three months from the date on which the right of way is extinguished and shall be exercisable in respect of the whole or any part of the apparatus after the end of that period if before the end of that period the operator of the network has given notice to the trust of his intention to remove the apparatus or that part of it, as the case may be;\n(b) the operator of the network may by notice given in that behalf to the trust not later than the end of the said period of three months abandon the electronic communications apparatus or any part of it;\n(c) subject to paragraph (b) above, the operator of the network shall be deemed at the end of that period to have abandoned any part of the apparatus which he has then neither removed nor given notice of his intention to remove;\n(d) the operator of the network shall be entitled to recover from the trust the expense of providing, in substitution for the apparatus and any other electronic communications apparatus connected with it which is rendered useless in consequence of the removal or abandonment of the first-mentioned apparatus, any telecommunication apparatus in such other place as the operator may require; and\n(e) where under the preceding provisions of this sub-paragraph the operator of the network has abandoned the whole or any part of any electronic communications apparatus , that apparatus or that part of it shall vest in the trust and shall be deemed, with its abandonment, to cease to be kept installed for the purposes of an electronic communications code network\n(2) As soon as practicable after the making of an order under paragraph 9 above extinguishing a public right of way in circumstances in which sub-paragraph (1) above applies in relation to the operator of an electronic communications code network , the Secretary of State shall give notice to the operator of the making of the order.\n\nStatutory undertakers\n12(1)Where any land has been acquired by a housing action trust under section 77 of this Act and—\n(a) there subsists over that land a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking, being a right of way or a right of laying down, erecting, continuing or maintaining apparatus on, under or over that land, or\n(b) there is on, under or over the land apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking,\nthe trust, if satisfied that the extinguishment of the right or, as the case may be, the removal of the apparatus, is necessary for the purpose of carrying out any development, may serve on the statutory undertakers a notice stating that, at the end of the period of 28 days from the date of service of the notice or such longer period as may be specified therein, the right will be extinguished or requiring that, before the end of that period, the apparatus shall be removed.\n(2) The statutory undertakers on whom a notice is served under sub-paragraph (1) above may, before the end of the period of 28 days from the service of the notice, serve a counter-notice on the trust stating that they object to all or any provisions of the notice and specifying the grounds of their objection.\n(3) If no counter-notice is served under sub-paragraph (2) above—\n(a) any right to which the notice relates shall be extinguished at the end of the period specified in that behalf in the notice; and\n(b) if, at the end of the period so specified in relation to any apparatus, any requirement of the notice as to the removal of the apparatus has not been complied with, the trust may remove the apparatus and dispose of it in any way it may think fit.\n(4) If a counter-notice is served under sub-paragraph (2) above on a trust, the trust may either withdraw the notice (without prejudice to the service of a further notice) or may apply to the Secretary of State and the appropriate Minister for an order under this paragraph embodying the provisions of the notice with or without modification.\n(5) Where by virtue of this paragraph any right vested in or belonging to statutory undertakers is extinguished, or any requirement is imposed on statutory undertakers, those undertakers shall be entitled to compensation from the trust.\n(6) Sections 280 and 282 of the Town and Country Planning Act 1990 (measure of compensation to statutory undertakers) shall apply to compensation under sub-paragraph (5) above as they apply to compensation under section 279(2) of that Act.\n(7) Except in a case in which paragraph 11 above has effect—\n(a) the reference in paragraph (a) of sub-paragraph (1) above to a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking shall include a reference to a right conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network ; and\n(b) the reference in paragraph (b) of that sub-paragraph to apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking shall include a reference to electronic communications apparatus kept installed for the purposes of any such network .\n(8) Where paragraph (a) or paragraph (b) of sub-paragraph (1) above has effect as mentioned in sub-paragraph (7) above, in the rest of this paragraph and in paragraph 13 below,—\n(a) any reference to statutory undertakers shall have effect as a reference to the operator of any such network as is referred to in sub-paragraph (7) above; and\n(b) any reference to the appropriate Minister shall have effect as a reference to the Secretary of State for Trade and Industry.\n13(1)Before making an order under paragraph 12(4) above the Ministers proposing to make the order—\n(a) shall afford to the statutory undertakers on whom notice was served under paragraph 12(1) above an opportunity of objecting to the application for the order; and\n(b) if any objection is made, shall consider the objection and afford to those statutory undertakers and to the trust on whom the counter-notice was served, an opportunity of appearing before and being heard by a person appointed by the Secretary of State and the appropriate Minister for the purpose;\nand the Ministers may then, if they think fit, make the order in accordance with the application either with or without modification.\n(2) Where an order is made under paragraph 12(4) above—\n(a) any right to which the order relates shall be extinguished at the end of the period specified in that behalf in the order; and\n(b) if, at the end of the period so specified in relation to any apparatus, any requirement of the order as to the removal of the apparatus has not been complied with, the trust may remove the apparatus and dispose of it in any way it may think fit.\n14(1)Subject to this paragraph, where any land has been acquired by a housing action trust under section 77 of this Act and—\n(a) there is on, under or over the land apparatus vested in or belonging to statutory undertakers, and\n(b) the undertakers claim that development to be carried out on the land is such as to require, on technical or other grounds connected with the carrying on of their undertaking, the removal or re-siting of the apparatus affected by the development,\nthe undertakers may serve on the trust a notice claiming the right to enter on the land and carry out such works for the removal or re-siting of the apparatus or any part of it as may be specified in the notice.\n(2) Where, after the land has been acquired as mentioned in sub-paragraph (1) above, development of the land is begun to be carried out, no notice under this paragraph shall be served later than 21 days after the beginning of the development.\n(3) Where a notice is served under this paragraph the trust on which it is served may, before the end of the period of 28 days from the date of service, serve on the statutory undertakers a counter-notice stating that it objects to all or any of the provisions of the notice and specifying the grounds of its objection.\n(4) If no counter-notice is served under sub-paragraph (3) above, the statutory undertakers shall, after the end of the said period of 28 days, have the rights claimed in their notice.\n(5) If a counter-notice is served under sub-paragraph (3) above, the statutory undertakers who served the notice under this paragraph may either withdraw it or may apply to the Secretary of State and the appropriate Minister for an order under this paragraph conferring on the undertakers the rights claimed in the notice or such modified rights as the Secretary of State and the appropriate Minister think it expedient to confer on them.\n(6) Where by virtue of this paragraph or an order of Ministers made under it, statutory undertakers have the right to execute works for the removal or re-siting of apparatus, they may arrange with the trust for the works to be carried out by the trust, under the superintendence of the undertakers, instead of by the undertakers themselves.\n(7) Where works are carried out for the removal or re-siting of statutory undertakers’ apparatus, being works which the undertakers have the right to carry out by virtue of this paragraph or an order of Ministers made under it, the undertakers shall be entitled to compensation from the trust.\n(8) Sections 280 and 282 of the Town and Country Planning Act 1990 (measure of compensation to statutory undertakers) shall apply to compensation under sub-paragraph (7) above as they apply to compensation under section 279(4) of that Act.\n(9) In sub-paragraph (1)(a) above, the reference to apparatus vested in or belonging to statutory undertakers shall include a reference to electronic communications apparatus kept installed for the purposes of an electronic communications code network .\n(10) Where sub-paragraph (1)(a) above has effect as mentioned in sub-paragraph (9) above, in the rest of this paragraph—\n(a) any reference to statutory undertakers shall have effect as a reference to the operator of any such network as is referred to in sub-paragraph (9) above; and\n(b) any reference to the appropriate Minister shall have effect as a reference to the Secretary of State for Trade and Industry.\n15(1)The powers conferred by this paragraph shall be exercisable where, on a representation made by statutory undertakers, it appears to the Secretary of State and the appropriate Minister to be expedient that the powers and duties of those undertakers should be extended or modified, in order—\n(a) to secure the provision for a designated area of services which would not otherwise be provided, or which would not otherwise be satisfactorily provided; or\n(b) to facilitate an adjustment of the carrying on of the undertaking necessitated by any of the acts and events mentioned in sub-paragraph (2) below.\n(2) The said acts and events are—\n(a) the acquisition under Part III of this Act of any land in which an interest was held, or which was used, for the purpose of the carrying on of the undertaking of the statutory undertakers in question; and\n(b) the extinguishment of a right or the imposition of any requirements by virtue of paragraph 12 above.\n(3) The powers conferred by this paragraph shall also be exercisable where, on a representation made by a housing action trust, it appears to the Secretary of State and the appropriate Minister to be expedient that the powers and duties of statutory undertakers should be extended or modified, in order to secure the provision of new services, or the extension of existing services, for the purposes of a designated area under Part III of this Act.\n(4) Where the powers conferred by this paragraph are exercisable, the Secretary of State and the appropriate Minister may, if they think fit, by order provide for such extension or modification of the powers and duties of the statutory undertakers as appears to them to be requisite in order to secure the provision of the services in question, as mentioned in sub-paragraph (1)(a) or sub-paragraph (3) above, or to secure the adjustment in question, as mentioned in sub-paragraph (1)(b) above, as the case may be.\n(5) Without prejudice to the generality of sub-paragraph (4) above, an order under this paragraph may make provision—\n(a) for empowering the statutory undertakers to acquire (whether compulsorily or by agreement) any land specified in the order, and to erect or construct any buildings or works so specified;\n(b) for applying, in relation to the acquisition of any such land or the construction of any such works, enactments relating to the acquisition of land and the construction of works;\n(c) where it has been represented that the making of the order is expedient for the purposes mentioned in sub-paragraph (1)(a) or sub-paragraph (3) above, for giving effect to such financial arrangements between the housing action trust and the statutory undertakers as they may agree, or as, in default of agreement, may be determined to be equitable in such manner and by such tribunal as may be specified in the order; and\n(d) for such incidental and supplemental matters as appear to the Secretary of State and the appropriate Minister to be expedient for the purposes of the order.\n16(1)As soon as may be after making such a representation as is mentioned in sub-paragraph (1) or sub-paragraph (3) of paragraph 15 above—\n(a) the statutory undertakers, in a case falling within sub-paragraph (1), or\n(b) the housing action trust, in a case falling within sub-paragraph (3),\nshall publish, in such form and manner as may be directed by the Secretary of State and the appropriate Minister, a notice giving such particulars as may be so directed of the matters to which representation relates, and specifying the time within which, and the manner in which, objections to the making of an order on the representation may be made, and shall also, if it is so directed by the Secretary of State and the appropriate Minister, serve a like notice on such persons, or persons of such classes, as may be so directed.\n(2) Orders under paragraph 15 above shall be subject to special parliamentary procedure.\n17(1)Where, on a representation made by statutory undertakers, the appropriate Minister is satisfied that the fulfilment of any obligations incurred by those undertakers in connection with the carrying on of their undertaking has been rendered impracticable by an act or event to which this sub-paragraph applies, the appropriate Minister may, if he thinks fit, by order direct that the statutory undertakers shall be relieved of the fulfilment of that obligation, either absolutely or to such extent as may be specified in the order.\n(2) Sub-paragraph (1) above applies to the following acts and events—\n(a) the compulsory acquisition under this Part of this Act of any land in which an interest was held, or which was used, for the purpose of the carrying on of the undertaking of the statutory undertakers; and\n(b) the extinguishment of a right or the imposition of any requirement by virtue of paragraph 12 above.\n(3) As soon as may be after making a representation to the appropriate Minister under sub-paragraph (1) above, the appropriate statutory undertakers shall, as may be directed by the appropriate Minister, either publish (in such form and manner as may be so directed) a notice giving such particulars as may be so directed of the matters to which the representation relates, and specifying the time within which, and the manner in which, objections to the making of an order on the representation may be made, or serve such a notice on such persons, or persons of such classes, as may be so directed, or both publish and serve such notices.\n(4) If any objection to the making of an order under this paragraph is duly made and is not withdrawn before the order is made, the order shall be subject to special parliamentary procedure.\n(5) Immediately after an order is made under this paragraph by the appropriate Minister, he shall publish a notice stating that the order has been made and naming a place where a copy of it may be seen at all reasonable hours, and shall serve a like notice—\n(a) on any person who duly made an objection to the order and has sent to the appropriate Minister a request in writing to serve him with the notice required by this sub-paragraph, specifying an address for service; and\n(b) on such other persons (if any) as the appropriate Minister thinks fit.\n(6) Subject to the following provisions of this paragraph, an order under this paragraph shall become operative on the date on which the notice required by sub-paragraph (5) above is first published.\n(7) Where in accordance with sub-paragraph (4) above the order is subject to special parliamentary procedure, sub-paragraph (6) above shall not apply.\n(8) If any person aggrieved by an order under this paragraph wishes to question the validity of the order on the ground that it is not within the powers conferred by this paragraph, or that any requirement of this paragraph has not been complied with in relation to the order, he may, within six weeks from the date on which the notice required by sub-paragraph (5) above is first published, make an application to the High Court under this paragraph.\n(9) On any application under sub-paragraph (8) above the High Court—\n(a) may by interim order wholly or in part suspend the operation of the order, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings; and\n(b) if satisfied that the order is wholly or to any extent outside the powers conferred by this paragraph, or that the interests of the applicant have been substantially prejudiced by the failure to comply with any requirement of this paragraph, may wholly or in part quash the order, either generally or in so far as it affects any property of the applicant.\n(10) Subject to sub-paragraph (8) above, the validity of an order under this paragraph shall not be questioned in any legal proceedings whatsoever, either before or after the order has been made.\n18(1)For the purposes of paragraphs 15 and 17 above, an objection to the making of an order thereunder shall not be treated as duly made unless—\n(a) the objection is made within the time and in the manner specified in the notice required by paragraph 16 or (as the case may be) paragraph 17 above; and\n(b) a statement in writing of the grounds of the objection is comprised in or submitted with the objection.\n(2) Where an objection to the making of such an order is duly made in accordance with sub-paragraph (1) above and is not withdrawn, the following provisions of this paragraph shall have effect in relation thereto; but, in the application of those provisions to an order under paragraph 15 above, any reference to the appropriate Minister shall be construed as a reference to the Secretary of State and the appropriate Minister.\n(3) Unless the appropriate Minister decides apart from the objection not to make the order, or decides to make a modification which is agreed to by the objector as meeting the objection, the appropriate Minister, before making a final decision, shall consider the grounds of the objection as set out in the statement, and may, if he thinks fit, require the objector to submit within a specified period a further statement in writing as to any of the matters to which the objection relates.\n(4) In so far as the appropriate Minister after considering the grounds of the objection as set out in the original statement and in any such further statement, is satisfied that the objection relates to a matter which can be dealt with in the assessment of compensation, the appropriate Minister may treat the objection as irrelevant for the purpose of making a final decision.\n(5) If, after considering the grounds of the objection as set out in the original statement and in any such further statement, the appropriate Minister is satisfied that, for the purpose of making a final decision, he is sufficiently informed as to the matters to which the objection relates, or if, where a further statement has been required it is not submitted within the specified period, the appropriate Minister may make a final decision without further investigation as to those matters.\n(6) Subject to sub-paragraphs (4) and (5) above, the appropriate Minister, before making a final decision, shall afford to the objector an opportunity of appearing before, and being heard by, a person appointed for the purpose by the appropriate Minister; and if the objector avails himself of that opportunity, the appropriate Minister shall afford an opportunity of appearing and being heard on the same occasion to the statutory undertakers, local authority or Minister on whose representation the order is proposed to be made, and to any other persons to whom it appears to the appropriate Minister to be expedient to afford such an opportunity.\n(7) Notwithstanding anything in the preceding provisions of this paragraph, if it appears to the appropriate Minister that the matters to which the objection relates are such as to require investigation by public local inquiry before he makes a final decision, he shall cause such an inquiry to be held; and where he determines to cause such an inquiry to be held, any of the requirements of those provisions to which effect has not been given at the time of that determination shall be dispensed with.\n(8) In this paragraph any reference to making a final decision, in relation to an order, is a reference to deciding whether to make the order or what modification (if any) ought to be made.\n\nInterpretation\n19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nPart III Acquisition of Rights\n20(1)The Compulsory Purchase Act 1965 (in this Part of the Schedule referred to as “the 1965 Act”) shall have effect with the modifications necessary to make it apply to the compulsory purchase of rights by virtue of section 77(5) of this Act as it applies to the compulsory purchase of land so that, in appropriate contexts, references in the 1965 Act to land are read as referring, or as including references, to the rights or to land over which the rights are or are to be exercisable, according to the requirements of the particular context.\n(2) Without prejudice to the generality of sub-paragraph (1) above, in relation to the purchase of rights in pursuance of section 77(5) of this Act—\n(a) Part I of the 1965 Act (which relates to compulsory purchases under the Acquisition of Land Act 1981) shall have effect with the modifications specified in paragraphs 21 to 23 below; and\n(b) the enactments relating to compensation for the compulsory purchase of land shall apply with the necessary modifications as they apply to such compensation.\n21(1)For section 7 of the 1965 Act (which relates to compensation) there shall be substituted the following—\n“7(1)In assesssing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent, if any, to which the value of the land over which the right is purchased is depreciated by the purchase but also to the damage, if any, to be sustained by the owner of the land by reason of injurious affection of other land of the owner by the exercise of the right.\n(2) The modifications subject to which subsection (1) of section 44 of the Land Compensation Act 1973 is to have effect, as applied by subsection (2) of that section to compensation for injurious affection under this section, are that for the words “land is acquired or taken” there shall be substituted the words “a right over land is purchased” and for the words “acquired or taken from him” there shall be substituted the words “over which the right is exercisable”.”\n22 Section 8(1) of the Compulsory Purchase Act 1965 has effect as if references to acquiring land were to acquiring a right in the land, and Schedule 2A to that Act is to be read as if, for that Schedule, there were substituted—\n\n“SCHEDULE 2ACounter-notice requiring purchase of land\n\nIntroduction\n1(1)This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over the whole or part of a house, building or factory.\n(2) But see section 2A of the Acquisition of Land Act 1981 (under which a compulsory purchase order can exclude from this Schedule land that is 9 metres or more below the surface).\n2 In this Schedule “house” includes any park or garden belonging to a house.\n\nCounter-notice requiring purchase of land\n3A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner's interest in the house, building or factory.\n4A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served.\n\nResponse to counter-notice\n5 On receiving a counter-notice the acquiring authority must decide whether to—\n(a) withdraw the notice to treat,\n(b) accept the counter-notice, or\n(c) refer the counter-notice to the Upper Tribunal.\n6 The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”).\n7 If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period.\n8 If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period.\n9 If the authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in the house, building or factory.\n\nDetermination by Upper Tribunal\n10 On a referral under paragraph 7 the Upper Tribunal must determine whether the acquisition of the right would—\n(a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or\n(b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs.\n11 In making its determination, the Upper Tribunal must take into account—\n(a) the effect of the acquisition of the right,\n(b) the proposed use of the right, and\n(c) if the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land.\n12 If the Upper Tribunal determines that the acquisition of the right would have either of the consequences described in paragraph 10 it must determine how much of the house, building or factory the authority ought to be required to take.\n13 If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in that land.\n14(1)If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land.\n(2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice.\n(3) Any dispute as to the compensation is to be determined by the Upper Tribunal.”\n23(1)The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), namely—\n  * section 9(4) (failure of owners to convey),\n  * paragraph 10(3) of Schedule 1 (owners under incapacity),\n  * paragraph 2(3) of Schedule 2 (absent and untraced owners), and\n  * paragraphs 2(3) and 7(2) of Schedule 4 (common land),\nshall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be purchased compulsorily is vested absolutely in the acquiring authority.\n(2) Section 11 of the 1965 Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right, it has power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on enforcement officer's or sheriff's warrant in the event of obstruction) of the Act shall be modified correspondingly.\n(3) Section 20 of the 1965 Act (compensation for short-term tenants) shall apply with the modifications necessary to secure that persons with such interests as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition of the interests but taking into account only the extent (if any) of such interference with such interests as is actually caused, or likely to be caused, by the exercise of the right in question.\n(4) Section 22 of the 1965 Act (protection of acquiring authority’s possession of land where by inadvertence an interest in the land has not been purchased) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right in question, subject to compliance with that section as respects compensation.\nSection 79(13).\n\nSCHEDULE 11 Provisions Applicable to Certain Disposals of Houses\n\nRepayment of discount on early disposal\n1(1)This paragraph applies where, on the disposal of a house under section 79 of this Act, a discount is given to the purchaser by the housing action trust in accordance with a consent given by the Secretary of State under subsection (1) of that section and that consent does not exclude the application of this paragraph.\n(2) On the disposal, the conveyance, grant or assignment shall contain a covenant binding on the purchaser and his successors in title to the following effect.\n(3) The covenant shall be to pay to the housing action trust such sum (if any) as the trust may demand in accordance with sub-paragraph (4) on the occasion of the first relevant disposal (other than an exempted disposal) which takes place within the period of five years beginning with the conveyance, grant or assignment.\n(4) The trust may demand such sum as it considers appropriate, up to and including the maximum amount specified in this paragraph.\n(5) The maximum amount which may be demanded by the trust is a percentage of the price or premium paid for the first relevant disposal which is equal to the percentage discount given to the purchaser in respect of the disposal of the house under section 79.\n(6) But for each complete year which has elapsed after the conveyance, grant or assignment and before the first relevant disposal the maximum amount which may be demanded by the trust is reduced by one-fifth.\n(7) Sub-paragraphs (4) to (6) are subject to paragraph 1A.\n\nIncrease in value of house attributable to home improvements\n1A(1)In calculating the maximum amount which may be demanded by the housing action trust under paragraph 1, such amount (if any) of the price or premium paid for the first relevant disposal which is attributable to improvements made to the house—\n(a) by the person by whom the disposal is, or is to be, made, and\n(b) after the conveyance, grant or assignment and before the disposal,\nshall be disregarded.\n(2) The amount to be disregarded under this paragraph shall be such amount as may be agreed between the parties or determined by the district valuer.\n(3) The district valuer shall not be required by virtue of this paragraph to make a determination for the purposes of this paragraph unless—\n(a) it is reasonably practicable for him to do so; and\n(b) his reasonable costs in making the determination are paid by the person by whom the disposal is, or is to be, made.\n(4) If the district valuer does not make a determination for the purposes of this paragraph (and in default of an agreement), no amount is required to be disregarded under this paragraph.\n\nObligation to repay a charge on the house\n2(1)The liability that may arise under the covenant required by paragraph 1 above is a charge on the house, taking effect as if it had been created by deed expressed to be by way of legal mortgage.\n(2) The charge has priority immediately after any legal charge securing an amount—\n(a) left outstanding by the purchaser; or\n(b) advanced to him by an approved lending institution for the purpose of enabling him to acquire the interest disposed of on the first disposal; or\n(c) further advanced to him by that institution;\nbut the housing action trust may at any time by written notice served on an approved lending institution postpone the charge taking effect by virtue of this paragraph to a legal charge securing an amount advanced or further advanced to the purchaser by that institution.\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4) The covenant required by paragraph 1 above does not, by virtue of its binding successors in title of the purchaser, bind a person exercising rights under a charge having priority over the charge taking effect by virtue of this paragraph, or a person deriving title under him; and a provision of the conveyance, grant or assignment, or of a collateral agreement, is void in so far as it purports to authorise a forfeiture, or to impose a penalty or disability, in the event of any such person failing to comply with the covenant.\n(5) The approved lending institutions for the purposes of this paragraph are—\n(a) a building society;\n(b) a bank;\n(c) an insurance company;\n(d) a friendly society; and\n(e) an authorised mortgage lender (within the meaning of the Housing Act 1985 (see section 622 of that Act)).\n\nRight of first refusal for housing action trust\n2A(1)This paragraph applies where, on the disposal of a house under section 79 of this Act, a discount is given to the purchaser by the housing action trust in accordance with a consent given by the Secretary of State under subsection (1) of that section and that consent does not exclude the application of this paragraph.\n(2) On the disposal, the conveyance, grant or assignment shall contain the following covenant, which shall be binding on the purchaser and his successors in title.\n(3) The covenant shall be to the effect that, until the end of the period of ten years beginning with the conveyance, grant or assignment, there will be no relevant disposal which is not an exempted disposal, unless the prescribed conditions have been satisfied in relation to that or a previous such disposal.\n(4) In sub-paragraph (3) “the prescribed conditions” means such conditions as are prescribed by regulations under this section at the time when the conveyance, grant or assignment is made.\n(5) The Secretary of State may by regulations prescribe such conditions as he considers appropriate for and in connection with conferring on—\n(a) a housing action trust which has made a disposal as mentioned in sub-paragraph (1), or\n(b) such other person as is determined in accordance with the regulations,\na right of first refusal to have a disposal within sub-paragraph (6) made to him for such consideration as is mentioned in paragraph 2B.\n(6) The disposals within this sub-paragraph are—\n(a) a reconveyance or conveyance of the house; and\n(b) a surrender or assignment of the lease.\n(7) Regulations under this paragraph may, in particular, make provision—\n(a) for the purchaser to offer to make such a disposal to such person or persons as may be prescribed;\n(b) for a prescribed recipient of such an offer to be able either to accept the offer or to nominate some other person as the person by whom the offer may be accepted;\n(c) for the person who may be so nominated to be either a person of a prescribed description or a person whom the prescribed recipient considers, having regard to any prescribed matters, to be a more appropriate person to accept the offer;\n(d) for a prescribed recipient making such a nomination to give a notification of the nomination to the person nominated, the purchaser and any other prescribed person;\n(e) for authorising a nominated person to accept the offer and for determining which acceptance is to be effective where the offer is accepted by more than one person;\n(f) for the period within which the offer may be accepted or within which any other prescribed step is to be, or may be, taken;\n(g) for the circumstances in which the right of first refusal lapses (whether following the service of a notice to complete or otherwise) with the result that the purchaser is able to make a disposal on the open market;\n(h) for the manner in which any offer, acceptance or notification is to be communicated.\n(8) In sub-paragraph (7) any reference to the purchaser is a reference to the purchaser or his successor in title.\nNothing in that sub-paragraph affects the generality of sub-paragraph (5).\n(9) Regulations under this paragraph—\n(a) may make different provision with respect to different cases or descriptions of case; and\n(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.\n(10) The limitation imposed by a covenant within sub-paragraph (3) is a local land charge.\n(11) The Chief Land Registrar must enter in the register of title a restriction reflecting the limitation imposed by any such covenant.\n\nConsideration payable for disposal under paragraph 2A\n2B(1)The consideration for a disposal made in respect of a right of first refusal as mentioned in paragraph 2A(5) shall be such amount as may be agreed between the parties, or determined by the district valuer, as being the amount which is to be taken to be the value of the house at the time when the offer is made (as determined in accordance with regulations under that paragraph).\n(2) That value shall be taken to be the price which, at that time, the interest to be reconveyed, conveyed, surrendered or assigned would realise if sold on the open market by a willing vendor, on the assumption that any liability under the covenant required by paragraph 1 (repayment of discount on early disposal) would be discharged by the vendor.\n(3) If the offer is accepted in accordance with regulations under paragraph 2A, no payment shall be required in pursuance of any such covenant as is mentioned in sub-paragraph (2), but the consideration shall be reduced, subject to sub-paragraph (4), by such amount (if any) as, on a disposal made at the time the offer was made, being a relevant disposal which is not an exempted disposal, would fall to be paid under that covenant.\n(4) Where there is a charge on the house having priority over the charge to secure payment of the sum due under the covenant mentioned in sub-paragraph (2), the consideration shall not be reduced under sub-paragraph (3) below the amount necessary to discharge the outstanding sum secured by the first-mentioned charge at the date of the offer (as determined in accordance with regulations under paragraph 2A).\n\nRelevant disposals\n3(1)A disposal, whether of the whole or part of the house, is a relevant disposal for the purpose of this Schedule if it is—\n(a) a conveyance of the freehold or an assignment of the lease; or\n(b) the grant of a lease or sub-lease (other than a mortgage term) for a term of more than 21 years otherwise than at a rack rent.\n(2) For the purposes of sub-paragraph (1)(b) above it shall be assumed—\n(a) that any option to renew or extend a lease or sub-lease, whether or not forming part of a series of options, is exercised; and\n(b) that any option to terminate a lease or sub-lease is not exercised.\n\nExempted disposals\n4(1)A disposal is an exempted disposal for the purposes of this Schedule if—\n(a) it is a disposal of the whole of the house and a conveyance of the freehold or an assignment of the lease and the person or each of the persons to whom it is made is a qualifying person (as defined in sub-paragraph (2) below);\n(b) it is a vesting of the whole of the house in a person taking under a will or on an intestacy;\n(c) it is a disposal of the whole of the house in pursuance of an such order as is mentioned in sub-paragraph (4) below;\n(d) it is a compulsory disposal; or\n(e) the property disposed of is property included with the house as being such a yard, garden, outhouse or appurtenance as is referred to in section 92(1)(b) of this Act.\n(2) For the purposes of sub-paragraph (1)(a) above, a person is a qualifying person in relation to a disposal if—\n(a) he is the person or one of the persons by whom the disposal is made;\n(b) he is the spouse or a former spouse , or the civil partner or a former civil partner, of that person or one of those persons; or\n(c) he is a member of the family of that person or one of those persons and has resided with him throughout the period of twelve months ending with the disposal.\n(3) Section 186 of the Housing Act 1985 applies to determine whether a person is a member of another person’s family for the purposes of sub-paragraph (2)(c) above.\n(4) The orders referred to in sub-paragraph (1)(c) above are orders under—\n(a) section 24 or 24A of the Matrimonial Causes Act 1973 (property adjustment orders or orders for the sale of property in connection with matrimonial proceedings),\n(b) section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 (orders as to financial provision to be made from estate),\n(c) section 17 of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders or orders for the sale of property after overseas divorce, &c.),. . .\n(d) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents) , or\n(e) Part 2 or 3 of Schedule 5, or paragraph 9 of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders, or orders for the sale of property, in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.).\n\nCompulsory disposal\n5 In this Schedule a “compulsory disposal” means a disposal of property which is acquired compulsorily, or is acquired by a person who has made or would have made, or for whom another person has made or would have made, a compulsory purchase order authorising its compulsory purchase for the purposes for which it is acquired.\n\nExempted disposals ending obligation under covenants\n6 Where there is a relevant disposal which is an exempted disposal by virtue of paragraph 4(1)(d) or paragraph 4(1)(e) above—\n(a) the covenant required by paragraph 1 above is not binding on the person to whom the disposal is made or any successor in title of his; and\n(b) that covenant and the charge taking effect by virtue of paragraph 2 above cease to apply in relation to the property disposed of.\nand\n(c) the covenant required by paragraph 2A above is not binding on the person to whom the disposal is made or any successor in title of his; and\n(d) that covenant ceases to apply in relation to the property disposed of.\n\nTreatment of options\n7 For the purpose of this Schedule, the grant of an option enabling a person to call for a relevant disposal which is not an exempted disposal shall be treated as such a disposal made to him.\n\nTreatment of deferred resale agreements\n8(1)If a purchaser or his successor in title enters into an agreement within sub-paragraph (3), any liability arising under the covenant required by paragraph 1 shall be determined as if a relevant disposal which is not an exempted disposal had occurred at the appropriate time.\n(2) In sub-paragraph (1) “the appropriate time” means—\n(a) the time when the agreement is entered into, or\n(b) if it was made before the beginning of the discount repayment period, immediately after the beginning of that period.\n(3) An agreement is within this sub-paragraph if it is an agreement between the purchaser or his successor in title and any other person—\n(a) which is made (expressly or impliedly) in contemplation of, or in connection with, a disposal to be made, or made, under section 79,\n(b) which is made before the end of the discount repayment period, and\n(c) under which a relevant disposal (other than an exempted disposal) is or may be required to be made to any person after the end of that period.\n(4) Such an agreement is within sub-paragraph (3)—\n(a) whether or not the date on which the relevant disposal is to take place is specified in the agreement, and\n(b) whether or not any requirement to make that disposal is or may be made subject to the fulfilment of any condition.\n(5) The Secretary of State may by order provide—\n(a) for sub-paragraph (1) to apply to agreements of any description specified in the order in addition to those within sub-paragraph (3);\n(b) for sub-paragraph (1) not to apply to agreements of any description so specified to which it would otherwise apply.\n(6) An order under sub-paragraph (5)—\n(a) may make different provision with respect to different cases or descriptions of case; and\n(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.\n(7) In this paragraph—\n  * “agreement” includes arrangement;\n  * “the discount repayment period” means the period of 3 years that applies for the purposes of paragraph 1(2) or the period of five years that applies for the purposes of paragraph 1(3)(depending on whether an offer such as is mentioned in section 203(4) of the Housing Act 2004 was made before or on or after the coming into force of that section).\n\nSCHEDULE 12\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\nSection 119.\n\nSCHEDULE 13 Amendments of Landlord and Tenant Act 1987\n1 In Part I of the Landlord and Tenant Act 1987 (tenants’ rights of first refusal), in section 2 (landlords for the purposes of Part I), in subsection (1) after “(2)” there shall be inserted “ and section 4(1A) ”.\n2(1)In section 3 of that Act (qualifying tenants), in subsection (1) (paragraphs (a) to (c) of which exclude certain tenants) the word “or” immediately preceding paragraph (c) shall be omitted and at the end of that paragraph there shall be added “or\n(d) an assured tenancy or assured agricultural occupancy within the meaning of Part I of the Housing Act 1988”.\n(2) In subsection (2) of that section (which excludes persons having interests going beyond a particular flat), for paragraphs (a) and (b) there shall be substituted the words “ by virtue of one or more tenancies none of which falls within paragraphs (a) to (d) of subsection (1), he is the tenant not only of the flat in question but also of at least two other flats contained in those premises ”; and in subsection (3) of that section for “(2)(b)” there shall be substituted “ (2) ”.\n3(1)In section 4 of that Act (relevant disposals) after subsection (1) there shall be inserted the following subsection—\n“(1A)Where an estate or interest of the landlord has been mortgaged, the reference in subsection (1) above to the disposal of an estate or interest by the landlord includes a reference to its disposal by the mortgagee in exercise of a power of sale or leasing, whether or not the disposal is made in the name of the landlord; and, in relation to such a proposed disposal by the mortgagee, any reference in the following provisions of this Part to the landlord shall be construed as a reference to the mortgagee.”\n(2) In subsection (2) of that section, in paragraph (a), at the end of sub-paragraph (i) there shall be inserted “or”, sub-paragraph (ii) shall be omitted and at the end of that paragraph there shall be inserted—\n“(aa)a disposal consisting of the creation of an estate or interest by way of security for a loan”.\n4(1)In Part III of that Act (compulsory acquisition by tenants of their landlord’s interest), in section 26 (qualifying tenants), in subsection (2) (which excludes persons having interests going beyond a particular flat) for the words following “if” there shall be substituted “ by virtue of one or more long leases none of which constitutes a tenancy to which Part II of the Landlord and Tenant Act 1954 applies, he is the tenant not only of the flat in question but also of at least two other flats contained in those premises ”.\n(2) At the end of the said section 26 there shall be added the following subsection—\n“(4)For the purposes of subsection (2) any tenant of a flat contained in the premises in question who is a body corporate shall be treated as the tenant of any other flat so contained and let to an associated company, as defined in section 20(1).”\n5 In Part IV of that Act (variation of leases), for subsections (6) and (7) of section 35 (which make provision about long leases) there shall be substituted the following subsection—\n“(6)For the purposes of this Part a long lease shall not be regarded as a long lease of a flat if—\n(a) the demised premises consist of or include three or more flats contained in the same building; or\n(b) the lease constitutes a tenancy to which Part II of the Landlord and Tenant Act 1954 applies.”\n6 In section 40 (application for variation of insurance provisions of lease of dwelling other than a flat) for subsection (4) (which makes provision about long leases) there shall be substituted the following subsections—\n“(4)For the purpose of this section, a long lease shall not be regarded as a long lease of a dwelling if—\n(a) the demised premises consist of three or more dwellings; or\n(b) the lease constitutes a tenancy to which Part II of the Landlord and Tenant Act 1954 applies.\n(4A) Without prejudice to subsection (4), an application under subsection (1) may not be made by a person who is a tenant under a long lease of a dwelling if, by virtue of that lease and one or more other long leases of dwellings, he is also a tenant from the same landlord of at least two other dwellings.\n(4B) For the purposes of subsection (4A), any tenant of a dwelling who is a body corporate shall be treated as a tenant of any other dwelling held from the same landlord which is let under a long lease to an associated company, as defined in section 20(1).”\n7 In Part VII of that Act (general), in section 58 (exempt landlords), in subsection (1) after paragraph (c) there shall be inserted the following paragraph—\n“(ca)a housing action trust established under Part III of the Housing Act 1988.”\nSection 120.\n\nSCHEDULE 14 Appointment etc. of Rent Officers\n\nPart I Amendments of Section 63 of Rent Act 1977\n1 In subsection (1), paragraph (b) and the word “and” immediately preceding it shall be omitted.\n2 In subsection (2)—\n(a) in paragraph (a) the words “and deputy rent officers” shall be omitted;\n(b) in paragraph (b) the words “or deputy rent officer” shall be omitted;\n(c) in paragraph (d) the words “and deputy rent officers” and the word “and” at the end of the paragraph shall be omitted; and\n(d) paragraph (e) shall be omitted.\n3 After subsection (2) there shall be inserted the following subsection—\n“(2A)A scheme under this section may make all or any of the following provisions—\n(a) provision requiring the consent of the Secretary of State to the appointment of rent officers;\n(b) provision with respect to the appointment of rent officers for fixed periods;\n(c) provision for the proper officer of the local authority, in such circumstances and subject to such conditions (as to consent or otherwise) as may be specified in the scheme,—\n(i) to designate a person appointed or to be appointed a rent officer as chief rent officer and to designate one or more such persons as senior rent officers;\n(ii) to delegate to a person so designated as chief rent officer such functions as may be specified in the scheme; and\n(iii) to revoke a designation under sub-paragraph (i) above and to revoke or vary a delegation under sub-paragraph (ii) above;\n(d) provision with respect to the delegation of functions by a chief rent officer to other rent officers (whether designated as senior rent officers or not);\n(e) provision as to the circumstances in which and the terms on which a rent officer appointed by the scheme may undertake functions outside the area to which the scheme relates in accordance with paragraph (f) below;\n(f) provision under which a rent officer appointed for an area other than that to which the scheme relates may undertake functions in the area to which the scheme relates and for such a rent officer to be treated for such purposes as may be specified in the scheme (which may include the purposes of paragraphs (c) and (d) above and paragraphs (c) and (d) of subsection (2) above) as if he were a rent officer appointed under the scheme; and\n(g) provision conferring functions on the proper officer of a local authority with respect to the matters referred to in paragraphs (d) to (f) above.”\n4 In subsection (3) the words “and deputy rent officers” shall be omitted.\n5 In subsection (7)—\n(a) in paragraph (b) the words “and deputy rent officers” shall be omitted, after the words “section 7” there shall be inserted “ “or section 24 ” and for the words following “1972” there shall be substituted “ “or ”; and\n(b) at the end of paragraph (b) there shall be inserted the following paragraph—\n“(c)incurred in respect of increases of pensions payable to or in respect of rent officers (so appointed) by virtue of the Pensions (Increase) Act 1971”.\n\nPart II Sections to be Inserted in Rent Act 1977 after Section 64\n\n“ Amalgamation schemes\n64A(1)If the Secretary of State is of the opinion—\n(a) that there is at any time insufficient work in two or more registration areas to justify the existence of a separate service of rent officers for each area, or\n(b) that it would at any time be beneficial for the efficient administration of the service provided by rent officers in two or more registration areas,\nhe may, after consultation with the local authorities concerned, make a scheme under section 63 above designating as an amalgamated registration area the areas of those authorities and making provision accordingly for that amalgamated area.\n(2) Any reference in the following provisions of this Chapter to a registration area includes a reference to an amalgamated registration area and, in relation to such an area, “the constituent authorities” means the local authorities whose areas make up the amalgamated area.\n(3) A scheme under section 63 above made for an amalgamated registration area—\n(a) shall confer on the proper officer of one of the constituent authorities all or any of the functions which, in accordance with section 63 above, fall to be exercisable by the proper officer of the local authority for the registration area;\n(b) may provide that any rent officer previously appointed for the area of any one of the constituent authorities shall be treated for such purposes as may be specified in the scheme as a rent officer appointed for the amalgamated registration area; and\n(c) shall make such provision as appears to the Secretary of State to be appropriate for the payment by one or more of the constituent authorities of the remunerations, allowances and other expenditure which under section 63 above is to be paid by the local authority for the area.\n(4) A scheme under section 63 above made for an amalgamated registration area may contain such incidental, transitional and supplementary provisions as appear to the Secretary of State to be necessary or expedient.\n\nNew basis for administration of rent officer service\n64B(1)If, with respect to registration areas generally or any particular registration area or areas, it appears to the Secretary of State that it is no longer appropriate for the appointment, remuneration and administration of rent officers to be a function of local authorities, he may by order—\n(a) provide that no scheme under section 63 above shall be made for the area or areas specified in the order; and\n(b) make, with respect to the area or areas so specified, such provision as appears to him to be appropriate with respect to the appointment, remuneration and administration of rent officers and the payment of pensions, allowances or gratuities to or in respect of them.\n(2) An order under this section shall make provision for any expenditure attributable to the provisions of the order to be met by the Secretary of State in such manner as may be specified in the order (whether by way of grant, reimbursement or otherwise); and any expenditure incurred by the Secretary of State by virtue of this subsection shall be paid out of money provided by Parliament.\n(3) An order under this section—\n(a) may contain such incidental, transitional and supplementary provisions as appear to the Secretary of State to be appropriate, including provisions amending this Part of this Act; and\n(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”\nSection 130.\n\nSCHEDULE 15\n1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\nSection 135.\n\nSCHEDULE 16 Schedule to be Inserted in the Housing (Scotland) Act 1987\n\n“SCHEDULE 6A Consultation Before Disposal to Private Sector Landlord\n\nDisposals to which this Schedule applies\n1(1)This Schedule applies to the disposal by a local authority of an interest in land as a result of which a secure tenant of the local authority will become the tenant of a private sector landlord.\n(2) For the purposes of this Schedule the grant of an option which if exercised would result in a secure tenant of a local authority becoming the tenant of a private sector landlord shall be treated as a disposal of the interest which is the subject of the option.\n(3) Where a disposal of land by a local authority is in part a disposal to which this Schedule applies, the provisions of this Schedule apply to that part as to a separate disposal.\n(4) In this paragraph “private sector landlord” means a person other than one of those set out in sub-paragraphs (i) to (iv) and (viii) and (ix) of paragraph (a) of subsection (2) of section 61.\n\nApplication for Secretary of State’s consent\n2(1)The Secretary of State shall not entertain an application for his consent under section 12(7) to a disposal to which this Schedule applies unless the local authority certify either—\n(a) that the requirements of paragraph 3 as to consultation have been complied with, or\n(b) that the requirements of that paragraph as to consultation have been complied with except in relation to tenants expected to have vacated the house in question before the disposal;\nand the certificate shall be accompanied by a copy of the notices given by the local authority in accordance with that paragraph.\n(2) Where the certificate is in the latter form, the Secretary of State shall not determine the application until the local authority certify as regards the tenants not originally consulted—\n(a) that they have vacated the house in question, or\n(b) that the requirements of paragraph 3 as to consultation have been complied with;\nand a certificate under sub-paragraph (b) shall be accompanied by a copy of the notices given by the local authority in accordance with paragraph 3.\n\nRequirements as to consultation\n3(1)The requirements as to consultation referred to above are as follows.\n(2) The local authority shall serve notice in writing on the tenant informing him of—\n(a) such details of their proposal as the local authority consider appropriate, but including the identity of the person to whom the disposal is to be made,\n(b) the likely consequences of the disposal for the tenant, and\n(c) the effect of section 81A and the provision made under it (preservation of right to buy on disposal to private sector landlord) and of this Schedule,\nand informing him that he may, within such reasonable period as may be specified in the notice, which must be at least 28 days after the service of the notice, make representations to the local authority.\n(3) The local authority shall consider any representations made to them within that period and shall serve a further written notice on the tenant informing him—\n(a) of any significant changes in their proposal, and\n(b) that he may within such period as is specified (which must be at least 28 days after the service of the notice) communicate to the Secretary of State his objection to the proposal,\nand informing him of the effect of paragraph 5 (consent to be withheld if majority of tenants are opposed).\n\nPower to require further consultation\n4 The Secretary of State may require the local authority to carry out such further consultation with their tenants, and to give him such information as to the results of that consultation, as he may direct.\n\nConsent to be withheld if majority of tenants are opposed\n5(1)The Secretary of State shall not give his consent if it appears to him that a majority of the tenants of the houses to which the application relates do not wish the disposal to proceed; but this does not affect his general discretion to refuse consent on grounds relating to whether a disposal has the support of the tenants or on any other ground.\n(2) In making his decision the Secretary of State may have regard to any information available to him; and the local authority shall give him such information as to the representations made to them by tenants and others, and other relevant matters, as he may require.\n\nProtection of purchasers\n6 The Secretary of State’s consent to a disposal is not invalidated by a failure on his part or that of the local authority to comply with the requirements of this Schedule.”\nSection 140.\n\nSCHEDULE 17 Minor and Consequential Amendments\n\nPart I General Amendments\n\nThe Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951\n1 In section 4 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (recovery of possession of dwelling-houses in default of payment of rent precluded in certain cases) after subsection (2) there shall be inserted the following subsection—\n“(2A)For the purposes of the foregoing provisions of this Act, a judgment or order for the recovery of possession of a dwelling-house let on an assured tenancy within the meaning of Part I of the Housing Act 1988 shall be regarded as a judgment or order for the recovery of possession in default of payment of rent if the judgment or order was made on any of Grounds 8, 10 and 11 in Schedule 2 to that Act and not on any other ground.”\n2 For section 16 of that Act (protection of tenure of rented premises by extension of Rent Acts), as it applies otherwise than to Scotland, there shall be substituted the following section—\n\n“16 Protection of tenure of certain rented premises by extension of Housing Act 1988.\n(1) Subject to subsection (2) of section 14 of this Act and subsection (3) below, if at any time during a service man’s period of residence protection—\n(a) a tenancy qualifying for protection which is a fixed term tenancy ends without being continued or renewed by agreement (whether on the same or different terms and conditions), and\n(b) by reason only of such circumstances as are mentioned in subsection (4) below, on the ending of that tenancy no statutory periodic tenancy of the rented family residence would arise, apart from the provisions of this section,\nChapter I of Part I of the Housing Act 1988 shall, during the remainder of the period of protection, apply in relation to the rented family residence as if those circumstances did not exist and had not existed immediately before the ending of that tenancy and, accordingly, as if on the ending of that tenancy there arose a statutory periodic tenancy which is an assured tenancy during the remainder of that period.\n(2) Subject to subsection (2) of section 14 of this Act and subsection (3) below, if at any time during a service man’s period of residence protection—\n(a) a tenancy qualifying for protection which is a periodic tenancy would come to an end, apart from the provisions of this section, and\n(b) by reason only of such circumstances as are mentioned in subsection (4) below that tenancy is not an assured tenancy, and\n(c) if that tenancy had been an assured tenancy, it would not have come to an end at that time,\nChapter I of Part I of the Housing Act 1988 shall, during the remainder of the period of protection, apply in relation to the rented family residence as if those circumstances did not exist and, accordingly, as if the tenancy had become an assured tenancy immediately before it would otherwise have come to an end.\n(3) Neither subsection (1) nor subsection (2) above applies if, on the ending of the tenancy qualifying for protection, a statutory tenancy arises.\n(4) The circumstances referred to in subsections (1) and (2) above are any one or more of the following, that is to say,—\n(a) that the tenancy was entered into before, or pursuant to a contract made before, Part I of the Housing Act 1988 came into force;\n(b) that the rateable value (as defined for the purposes of that Act) of the premises which are the rented family residence, or of a property of which those premises form part, exceeded the relevant limit specified in paragraph 2 of Schedule 1 to that Act;\n(c) that the circumstances mentioned in paragraph 3 or paragraph 6 of that Schedule applied with respect to the tenancy qualifying for protection; and\n(d) that the reversion immediately expectant on the tenancy qualifying for protection belongs to any of the bodies specified in paragraph 12 of that Schedule.”\n3 For the said section 16, as it applies to Scotland, there shall be substituted the following section—\n\n“16 Protection of tenure of certain rented premises by extension of Housing (Scotland) Act 1988.\n(1) Subject to subsection (2) of section 14 of this Act and subsection (3) below, if at any time during a service man’s period of residence protection—\n(a) a tenancy qualifying for protection ends without being continued or renewed by agreement (whether on the same or different terms and conditions), and\n(b) by reason only of such circumstances as are mentioned in subsection (4) below, on the ending of that tenancy no statutory tenancy of the rented family residence would arise, apart from the provisions of this section,\nsections 12 to 31 of the Housing (Scotland) Act 1988 shall, during the remainder of the period of protection, apply in relation to the rented family residence as if those circumstances did not exist and had not existed immediately before the ending of that tenancy and, accordingly, as if on the ending of that tenancy there arose a statutory assured tenancy during the remainder of that period.\n(2) Subject to subsection (2) of section 14 of this Act and subsection (3) below, if at any time during a service man’s period of residence protection—\n(a) a tenancy qualifying for protection would come to an end, apart from the provisions of this section,\n(b) by reason only of such circumstances as are mentioned in subsection (4) below that tenancy is not an assured tenancy, and\n(c) if that tenancy had been an assured tenancy, it would not have come to an end at that time,\nsections 12 to 31 of the Housing (Scotland) Act 1988 shall, during the remainder of the period of protection, apply in relation to the rented family residence as if those circumstances did not exist and, accordingly, as if the tenancy had become an assured tenancy immediately before it would otherwise have come to an end.\n(3) Neither subsection (1) nor subsection (2) above applies if, on the ending of the tenancy qualifying for protection, a statutory tenancy arises.\n(4) The circumstances referred to in subsections (1) and (2) above are one or more of the following, that is to say—\n(a) that the circumstances mentioned in paragraph 2 of Schedule 4 to the Housing (Scotland) Act 1988 applied with respect to the tenancy qualifying for protection;\n(b) that the circumstances mentioned in paragraph 5 of that Schedule applied with respect to the tenancy qualifying for protection; and\n(c) that the reversion immediately expectant on the tenancy qualifying for protection belongs to any of the bodies specified in paragraph 11 of that Schedule.”\n4(1)Section 17 of that Act (provisions in case of rented premises which include accommodation shared otherwise than with landlord), as it applies otherwise than to Scotland, shall be amended in accordance with this paragraph.\n(2) In subsection (1)—\n(a) after the words “qualifying for protection” there shall be inserted “ which is a fixed term tenancy ”;\n(b) in paragraph (b) for the words from “subsection (2)” to “1977” there shall be substituted “ section 16(4) above, subsection (1) of section 3 of the Housing Act 1988 ”;\n(c) for the words “said section 22” there shall be substituted “ “said section 3 ”; and\n(d) at the end there shall be added “ “and, accordingly, as if on the ending of the tenancy there arose a statutory periodic tenancy which is an assured tenancy during the remainder of that period ”.\n(3) For subsection (2) there shall be substituted the following subsections—\n“(2)Where, at any time during a service man’s period of residence protection—\n(a) a tenancy qualifying for protection which is a periodic tenancy would come to an end, apart from the provisions of this section and section 16 above, and\n(b) paragraphs (a) and (b) of subsection (1) above apply,\nsection 3 of the Housing Act 1988 shall, during the remainder of the period of protection, apply in relation to the separate accommodation as if the circumstances referred to in subsection (1)(b) above did not exist and, accordingly, as if the tenancy had become an assured tenancy immediately before it would otherwise have come to an end.\n(3) Neither subsection (1) nor subsection (2) above applies if, on the ending of the tenancy qualifying for protection, a statutory tenancy arises.”\n5(1)The said section 17, as it applies to Scotland, shall be amended in accordance with this paragraph.\n(2) In subsection (1)—\n(a) in paragraph (b) for the words from “subsection (2)” to “1977” there shall be substituted the words “ “section 16(4) above, subsection (1) of section 14 of the Housing (Scotland) Act 1988 ”;\n(b) for the words “said section 97” there shall be substituted the words “ “said section 14 ”; and\n(c) at the end there shall be added the words “ “and, accordingly, as if on the ending of the tenancy there arose a statutory assured tenancy during the remainder of that period ”.\n(3) For subsection (2) there shall be substituted the following subsections—\n“(2)Where, at any time during a service man’s period of residence protection—\n(a) a tenancy qualifying for protection would come to an end, apart from the provisions of this section and section 16 above, and\n(b) paragraphs (a) and (b) of subsection (1) above apply,\nsection 14 of the Housing (Scotland) Act 1988 shall, during the remainder of the period of protection, apply in relation to the separate accommodation as if the circumstances in subsection (1)(b) above did not exist and, accordingly, as if the tenancy had become an assured tenancy immediately before it would otherwise come to an end.\n(3) Neither subsection (1) nor subsection (2) above applies if, on the ending of the tenancy qualifying for protection, a statutory tenancy arises.”\n6(1)In section 18 of that Act (protection of tenure, in connection with employment, under a licence or rent-free letting), in subsection (1), as it applies otherwise than to Scotland,—\n(a) for the words “Part VII of the Rent Act 1977” there shall be substituted “ “Chapter I of Part I of the Housing Act 1988 ”; and\n(b) for the words “subject to a statutory tenancy within the meaning of the Rent Act 1977” there shall be substituted “ “let on a statutory periodic tenancy which is an assured tenancy ”.\n(2) In that subsection, as it applies to Scotland,—\n(a) for the words “the Rent (Scotland) Act 1971” there shall be substituted the words “ “sections 12 to 31 of the Housing (Scotland) Act 1988 ”, and\n(b) for the words “subject to a statutory tenancy within the meaning of the Rent (Scotland) Act 1971” there shall be substituted the words “ “let on a statutory assured tenancy ”.\n(3) Subsection (2) of that section shall be omitted.\n(4) In subsection (3) of that section, as it applies otherwise than to Scotland, at the end of paragraph (c) there shall be added “or\n(d) is a dwelling-house which is let on or subject to an assured agricultural occupancy within the meaning of Part I of the Housing Act 1988 which is not an assured tenancy.”\n7 For section 19 of that Act (limitation on application of Rent Acts by virtue of sections 16 to 18), as it applies otherwise than to Scotland, there shall be substituted the following section—\n\n“19 Limitation on application of Housing Act 1988 by virtue of sections 16 to 18.\nWhere by virtue of sections 16 to 18 above, the operation of Chapter I of Part I of the Housing Act 1988 in relation to any premises is extended or modified, the extension or modification shall not affect—\n(a) any tenancy of those premises other than the statutory periodic tenancy which is deemed to arise or, as the case may be, the tenancy which is for any period deemed to be an assured tenancy by virtue of any of those provisions; or\n(b) any rent payable in respect of a period beginning before the time when that statutory periodic tenancy was deemed to arise or, as the case may be, before that tenancy became deemed to be an assured tenancy; or\n(c) anything done or omitted to be done before the time referred to in paragraph (b) above.”\n8 For the said section 19, as it applies to Scotland, there shall be substituted the following section—\n\n“19 Limitation on application of Housing (Scotland) Act 1988 by virtue of sections 16 to 18.\nWhere by virtue of sections 16 to 18 above, the operation of sections 12 to 31 of the Housing (Scotland) Act 1988 in relation to any premises is extended or modified, the extension or modification shall not affect—\n(a) any tenancy of those premises other than the statutory assured tenancy which is deemed to arise or, as the case may be, the tenancy which is for any period deemed to be an assured tenancy by virtue of any of those provisions; or\n(b) any rent payable in respect of a period beginning before the time when that statutory assured tenancy was deemed to arise or, as the case may be, before that tenancy became deemed to be an assured tenancy; or\n(c) anything done or omitted to be done before the time referred to in paragraph (b) above.”\n9(1)Section 20 of that Act (modification of Rent Acts as respects occupation by employees), as it applies otherwise than to Scotland, shall be amended in accordance with this paragraph.\n(2) In subsection (1) after the words “Case I in Schedule 15 to the Rent Act 1977” there shall be inserted “ “or Ground 12 in Schedule 2 to the Housing Act 1988 ”.\n(3) In subsection (2) after the words “Case 8 in the said Schedule 15” there shall be inserted “ “or, as the case may be, Ground 16 in the said Schedule 2 ” and for paragraph (b) there shall be substituted the following paragraph—\n“(b)Chapter I of Part I of the Housing Act 1988 applies in relation to the premises as mentioned in section 18(1) of this Act and a dependant or dependants of the service man is or are living in the premises or in part thereof in right of the statutory periodic tenancy or assured tenancy referred to in section 19(a) of this Act”.\n(4) In subsection (3)—\n(a) after the words “the Cases in Part I of the said Schedule 15” there shall be inserted “ “or, as the case may be, Grounds 10 to 16 in Part II of the said Schedule 2 ”; and\n(b) after the words “section 98(1) of the Rent Act 1977” there shall be inserted “ “or, as the case may be, section 7(4) of the Housing Act 1988 ”.\n10(1)The said section 20, as it applies to Scotland, shall be amended in accordance with this paragraph.\n(2) In subsection (1) after the words “Case 1 in Schedule 2 to the Rent (Scotland) Act 1984” there shall be inserted the words “ “or Ground 13 in Schedule 5 to the Housing (Scotland) Act 1988 ”.\n(3) In subsection (2) after the words “Case 7 in the said Schedule 2” there shall be inserted the words “ “or, as the case may be, Ground 17 in the said Schedule 5 ” and for paragraph (b) there shall be substituted the following paragraph—\n“(b)sections 12 to 31 of the Housing (Scotland) Act 1988 apply in relation to the premises as mentioned in section 18(1) of this Act and a dependant or dependants of the service man is or are living in the premises or in part thereof in right of the statutory assured tenancy or assured tenancy referred to in paragraph (a) of section 19 of this Act”.\n(4) In subsection (3)—\n(a) after the words “the Cases in Part I of the said Schedule 2” there shall be inserted the words “ “or, as the case may be, Grounds 10 to 17 in Part II of the said Schedule 5 ”; and\n(b) after the words “section 11 of the Rent (Scotland) Act 1984” there shall be inserted the words “ “or, as the case may be, section 18(4) of the Housing (Scotland) Act 1988 ”.\n11 In section 22 of that Act (facilities for action on behalf of men serving abroad in proceedings as to tenancies), as it applies otherwise than to Scotland, in subsection (1)—\n(a) after the words “Rent Act 1977” there shall be inserted “ “or under Part I of the Housing Act 1988 ”;\n(b) for the words “Part V of that Act” there shall be substituted “ “Part V of the Rent Act 1977 or Part I of the Housing Act 1988 ”; and\n(c) in paragraph (a) after the word “tenancy” there shall be inserted “ “or licence ”.\n12 In the said section 22, as it applies to Scotland, in subsection (1),—\n(a) for the words “Part III of the Rent Act 1965 or under the Rent (Scotland) Act 1971” there shall be substituted the words “ “the Rent (Scotland) Act 1984 or under Part II of the Housing (Scotland) Act 1988 ”;\n(b) for the words “rent tribunal” there shall be substituted the words “ “rent assessment committee ” and for the words “or tribunal” there shall be substituted the words “ “or committee ”;\n(c) for the words “Part VII of that Act” there shall be substituted the words “ “Part VII of the said Act of 1984 or under Part II of the Housing (Scotland) Act 1988 ”; and\n(d) in paragraph (a) after the word “tenancy” there shall be inserted the words “ “or licence ”.\n13(1)Section 23 of that Act (interpretation of Part II), as it applies otherwise than to Scotland, shall be amended in accordance with this paragraph.\n(2) In subsection (1)—\n(a) after the definition of “agricultural land” there shall be inserted—\n  * “ “assured tenancy” has the same meaning as in Part I of the Housing Act 1988”;\n(b) after the definition of “dependant” there shall be inserted—\n  * “ “fixed term tenancy” means any tenancy other than a periodic tenancy”;\n(c) for the definition of “landlord” and “tenant” there shall be substituted—\n  * “in relation to a statutory tenancy or to a provision of the Rent Act 1977 “landlord” and “tenant” have the same meaning as in that Act but, subject to that, those expressions have the same meaning as in Part I of the Housing Act 1988”; and\n(d) after the definition of “relevant police authority” there shall be inserted—\n“ “statutory periodic tenancy” has the same meaning as in Part I of the Housing Act 1988”.\n(3) At the end of subsection (1) there shall be inserted the following subsection—\n“(1A)Any reference in this Part of this Act to Chapter I of Part I of the Housing Act 1988 includes a reference to the General Provisions of Chapter VI of that Part, so far as applicable to Chapter I.”\n(4) In subsection (3) after the words “Rent Act 1977” there shall be inserted “ “or Chapter I of Part I of the Housing Act 1988 ”.\n14(1)The said section 23, as it applies to Scotland, shall be amended in accordance with this paragraph.\n(2) In subsection (1)—\n(a) after the definition of “agricultural land” there shall be inserted—\n  * “ “assured tenancy” and “statutory assured tenancy” have the same meaning as in Part II of the Housing (Scotland) Act 1988”;\n(b) for the definition of “landlord” and “tenant” there shall be substituted—\n  * “in relation to a statutory tenancy or to a provision of the Rent (Scotland) Act 1984 “landlord” and “tenant” have the same meaning as in that Act but, subject to that, those expressions have the same meaning as in Part II of the Housing (Scotland) Act 1988”.\n(3) At the end of subsection (1) there shall be inserted the following subsection—\n“(1A)Any reference in this Part of this Act to sections 12 to 31 of the Housing (Scotland) Act 1988 includes a reference to sections 47 to 55 of that Act so far as applicable to those sections.”\n(4) In subsection (3) after the words “Rent (Scotland) Act 1984” there shall be inserted the words “ “or sections 12 to 31 of the Housing (Scotland) Act 1988 ”.\n\nThe Leasehold Reform Act 1967\n15 In section 28 of the Leasehold Reform Act 1967 (retention or resumption of land required for public purposes) at the end of subsection (5) (bodies to whom that section applies) there shall be added “and\n(g) a housing action trust established under Part III of the Housing Act 1988.”\n16 In section 29 of that Act (reservation of future right to develop) after subsection (6B) there shall be inserted the following subsection—\n“(6C)Subsections (1) to (4) above shall have effect in relation to a housing action trust as if any reference in those subsections or in Part I of Schedule 4 to this Act to a local authority were a reference to the trust.”\n17(1)In Schedule 4A to that Act (which is set out in Schedule 4 to the Housing and Planning Act 1986 and excludes certain shared ownership leases from Part I of the 1967 Act) at the end of paragraph 2(1) there shall be added “ “or to a person who acquired that interest in exercise of the right conferred by Part IV of the Housing Act 1988 ”.\n(2) In paragraph 2(2) of that Schedule, at the end of paragraph (e) there shall be added the following paragraph—\n“(f)a housing action trust established under Part III of the Housing Act 1988”.\n\n18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nThe Local Government Act 1974\n19 In section 25 of the Local Government Act 1974 (local government administration: authorities subject to investigation), in subsection (1) after paragraph (bd) there shall be inserted the following paragraph—\n“(be)any housing action trust established under Part III of the Housing Act 1988”.\n\nThe Consumer Credit Act 1974\n20 In section 16 of the Consumer Credit Act 1974 (exempt agreements), in subsection (6B), in paragraph (a) after the words “England and Wales,” there shall be inserted “ “the Housing Corporation, Housing for Wales and ”.\n\nThe Rent (Agriculture) Act 1976\n21 In section 28 of the Rent (Agriculture) Act 1976 (rehousing: duty of housing authority concerned), the following subsection shall be inserted after subsection (14) of that section—\n“(14A)Notwithstanding anything in section 127(1) of the Magistrates’ Courts Act 1980, an information relating to an offence under this section may be tried if it is laid at any time within two years after the commission of the offence and within six months after the date on which evidence sufficient in the opinion of the housing authority concerned to justify the proceedings comes to its knowledge.”\n\nThe Rent Act 1977\n22 In the Rent Act 1977, sections 68 and 69, Part II of Schedule 11 and Schedule 12 (which provide for applications by a local authority for the determination of a fair rent and make provision about certificates of fair rent) shall cease to have effect except as respects applications made before the commencement of this Act.\n23 In section 77 of that Act (which provides for the reference of restricted contracts to rent tribunals by the lessor, the lessee or the local authority) the words “or the local authority” shall be omitted.\n24 Section 89 of the Rent Act 1977 (which provides for the phasing of progression to a registered rent in the case of housing association tenancies) and Schedule 8 to that Act (phasing of rent increases: general provisions) shall cease to have effect except with respect to an increase in rent up to, or towards, a registered rent in relation to which the relevant date for the purposes of the said Schedule 8 falls before this Act comes into force.\n25 In section 137 of the Rent Act 1977 (effect on sub-tenancy of determination of superior tenancy), in subsection (1) the words “this Part of” shall be omitted.\n\nThe Protection from Eviction Act 1977\n26 In section 7 of the Protection from Eviction Act 1977 (service of notices), in subsection (3)(c) (certain licensors treated as landlords for the purposes of the section) the words “under a restricted contract (within the meaning of the Rent Act 1977)” shall be omitted.\n\nThe Justices of the Peace Act 1979\n27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nThe Local Government, Planning and Land Act 1980\n28 In Schedule 16 to the Local Government, Planning and Land Act 1980 (bodies to whom Part X applies) after paragraph 8 there shall be inserted the following paragraph—\n“8AA housing action trust established under Part III of the Housing Act 1988.”\n29 In Schedule 28 to the Local Government, Planning and Land Act 1980, in paragraph 10 after the words “Rent Act 1977” there shall be inserted “ “or the Housing Act 1988. ”\n\nThe Highways Act 1980\n30 In Schedule 6 to the Highways Act 1980, in Part I, in paragraph 1(3)(b)(i) after the words “Rent Act 1977” there shall be inserted “ “and licensees under an assured agricultural occupancy within the meaning of Part I of the Housing Act 1988 ”.\n\nThe New Towns Act 1981\n31 In section 22 of the New Towns Act 1981 (possession of houses) after the words “Rent Act 1977” there shall be inserted “ “or Part I of the Housing Act 1988 ”.\n\nThe Acquisition of Land Act 1981\n32(1)In section 12(2) of the Acquisition of Land Act 1981 after the words “Rent (Agriculture) Act 1976” there shall be inserted “ “or a licensee under an assured agricultural occupancy within the meaning of Part I of the Housing Act 1988 ”.\n(2) In Schedule 1 to that Act, in paragraph 3(2) after the words “Rent (Agriculture) Act 1976” there shall be inserted “ “or a licensee under an assured agricultural occupancy within the meaning of Part I of the Housing Act 1988 ”.\n\nThe Matrimonial Homes Act 1983\n33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nThe County Courts Act 1984\n35(1)In section 66 of the County Courts Act 1984 (trial by jury: exceptions), in subsection (1) at the end of paragraph (b)(iii) there shall be inserted “or\n(iv) under Part I of the Housing Act 1988”.\n(2) In section 77(6) of that Act (appeals: possession proceedings) after paragraph (e) there shall be inserted the following paragraph—\n“(ee)section 7 of the Housing Act 1988, as it applies to the grounds in Part II of Schedule 2 to that Act; or”.\n\nThe Matrimonial and Family Proceedings Act 1984\n36 In section 22 of the Matrimonial and Family Proceedings Act 1984 (powers of the court in relation to certain tenancies of dwelling-houses), in paragraph (a) after the word “tenancy” there shall be inserted “ “or assured agricultural occupancy ”.\n\nThe Local Government Act 1985\n37 In section 101 of the Local Government Act 1985 (power by order to make incidental, consequential, etc. provisions) in subsection (1)(b) after second “Act” insert “ “or the Housing Act 1988 ”.\n\nThe Housing Act 1985\n38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n40 In section 115 of that Act (meaning of “long tenancy”), in subsection (2)(c) after “1980” there shall be inserted “ “or paragraph 4(2)(b) of Schedule 4A to the Leasehold Reform Act 1967 ”.\n41 In section 155 of that Act (repayment of discount on early disposal) after subsection (3) there shall be inserted the following subsection—\n“(3A)Where a secure tenant has served on his landlord an operative notice of delay, as defined in section 153A,—\n(a) the three years referred to in subsection (2) shall begin from a date which precedes the date of the conveyance of the freehold or grant of the lease by a period equal to the time (or, if there is more than one such notice, the aggregate of the times) during which, by virtue of section 153B, any payment of rent falls to be taken into account in accordance with subsection (3) of that section; and\n(b) any reference in subsection (3) (other than paragraph (a) thereof) to the acquisition of the tenant’s initial share shall be construed as a reference to a date which precedes that acquisition by the period referred to in paragraph (a) of this subsection.”\n42 In section 171F of that Act (subsequent dealings after disposal of dwelling-house to private sector landlord: possession on grounds of suitable alternative accommodation) after “Rent Act 1977” there shall be inserted “ “or on Ground 9 in Schedule 2 to the Housing Act 1988 ”.\n43 In section 236 of that Act at the end of subsection (2) (meaning of “occupying tenant”) there shall be added the words “or\n(e) is a licensee under an assured agricultural occupancy.”\n44 In section 238 of that Act (index of defined expressions in Part VII) before the entry relating to “clearance area” there shall be inserted— “ assured agricultural occupancysection 622 ”.\n45 In section 247 of that Act (notification of certain disposals of land to the local housing authority), in subsection (5) (provision not to apply to certain disposals) after paragraph (c) there shall be inserted the following paragraph—\n“(ca)the grant of an assured tenancy or assured agricultural occupancy, or of a tenancy which is not such a tenancy or occupancy by reason only of paragraph 10 of Schedule 1 to the Housing Act 1988 (resident landlords) or of that paragraph and the fact that the accommodation which is let is not let as a separate dwelling”.\n46 In section 263 of that Act (index of defined expressions in Part VIII) before the entry relating to “clearance area” there shall be inserted—\n“assured agricultural occupancysection 622\nassured tenancysection 622”.\n47 In Part IX of that Act (slum clearance) in the following provisions relating to the recovery of possession, namely, sections 264(5), 270(3), 276 and 286(3), after the words “Rent Acts” there shall be inserted “ “or Part I of the Housing Act 1988 ”.\n47 In Part IX of that Act (slum clearance) in the following provisions relating to the recovery of possession, namely, section 270(3) , after the words “Rent Acts” there shall be inserted “ “or Part I of the Housing Act 1988 ”.\n48 In section 309 of that Act (recovery of possession of premises for purposes of approved redevelopment), in paragraph (a) of subsection (1) after the words “the Rent Act 1977)” the following words shall be inserted “ “or let on or subject to an assured tenancy or assured agricultural occupancy ”; and in the words following paragraph (b) of that subsection after the words “section 98(1)(a) of the Rent Act 1977” there shall be inserted “ “or section 7 of the Housing Act 1988 ”.\n49 In section 323 of that Act (index of defined expressions in Part IX) before the entry relating to “clearance area” there shall be inserted—\n“assured agricultural occupancysection 622\nassured tenancysection 622”.\n50 In section 368 of that Act (means of escape from fire: power to secure that part of house not used for human habitation), in subsection (6) after the words “Rent Acts” there shall be inserted “ “or Part I of the Housing Act 1988 ”.\n51 In section 381 of that Act (general effect of control order), in subsection (3) after the words “Rent Acts” there shall be inserted “ “and Part I of the Housing Act 1988 ”.\n52(1)In section 382 of that Act (effect of control order on persons occupying house) after subsection (3) there shall be inserted the following subsection—\n“(3A)Section 1(2) of and paragraph 12 of Part I of Schedule 1 to the Housing Act 1988 (which exclude local authority lettings from Part I of that Act) do not apply to a lease or agreement under which a person to whom this section applies is occupying part of the house.”\n(2) In subsection (4) of that section after paragraph (b) there shall be inserted “or\n(c) an assured tenancy or assured agricultural occupancy within the meaning of Part I of the Housing Act 1988”; and for the words “either of those Acts” there shall be substituted “ “any of those Acts ”.\n53 In section 400 of that Act (index of defined expressions for Part XI) after the entry relating to “appropriate multiplier” there shall be inserted—\n“assured tenancysection 622\nassured agricultural occupancysection 622”.\n54 In section 429A of that Act (housing management: financial assistance etc.) in subsection (2), in paragraph (a) after the words “secure tenancies)” there shall be inserted “ “or subsection (2A) ” and at the end of that subsection there shall be inserted the following subsection—\n“(2A)Subsection (2)(a) applies to the following bodies—\n(a) the Housing Corporation;\n(b) Housing for Wales;\n(c) a housing trust which is a charity;\n(d) a registered housing association other than a co-operative housing association; and\n(e) an unregistered housing association which is a co-operative housing association.”\n55 In section 434 of that Act (index of defined expressions for Part XIII) there shall be inserted, in the appropriate places in alphabetical order, the following entries—\n“charitysection 622”\n“co-operative housing associationsection 5(2)”\n“housing associationsection 5(1)”\n“housing trust”section 6”.\n56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n58 In section 459 of that Act (index of defined expressions for Part XIV) after the entry relating to “building society” there shall be inserted—\n“co-operative housing associationsection 5(2)”.\n59 In section 533 of that Act (assistance for owners of defective housing: exceptions to eligibility) after the words “Rent (Agriculture) Act 1976” there shall be inserted “ “or who occupies the dwelling under an assured agricultural occupancy which is not an assured tenancy ”.\n60 In section 553 of that Act (effect of repurchase of defective dwellings on certain existing tenancies) in subsection (2)—\n(a) in paragraph (a) after the words “protected tenancy” there shall be inserted “ “or an assured tenancy ”;\n(b) at the end of paragraph (b) there shall be added the words “ “or in accordance with any of Grounds 1, 3, 4 and 5 in Schedule 2 to the Housing Act 1988 (notice that possession might be recovered under that ground) or under section 20(1)(c) of that Act (notice served in respect of assured shorthold tenancies); and ”; and\n(c) after paragraph (b) there shall be added—\n“(c)the tenancy is not an assured periodic tenancy which, by virtue of section 39(7) of the Housing Act 1988 (successors under the Rent Act 1977), is an assured shorthold tenancy”.\n61(1)In section 554 of that Act (grant of tenancy of defective dwelling to former owner-occupier) at the end of subsection (2) there shall be inserted the following subsection—\n“(2A)If the authority is a registered housing association, other than a housing co-operative, within the meaning of section 27B, their obligation is to grant a secure tenancy if the individual to whom a tenancy is to be granted—\n(a) is a person who, immediately before he acquired his interest in the dwelling-house, was a secure tenant of it; or\n(b) is the spouse or former spouse or widow or widower of a person falling within paragraph (a); or\n(c) is a member of the family, within the meaning of section 186, of a person falling within paragraph (a) who has died, and was residing with that person in the dwelling-house at the time of and for the period of twelve months before his death.”\n(2) In subsection (3) of that section, at the end of paragraph (b) there shall be inserted “or\n(c) an assured tenancy which is neither an assured shorthold tenancy, within the meaning of Part I of the Housing Act 1988, nor a tenancy under which the landlord might recover possession on any of Grounds 1 to 5 in Schedule 2 to that Act.”\n62 In section 577 of that Act (index of defined expressions for Part XVI) after the entry relating to “associated arrangement” there shall be inserted—\n“assured agricultural occupancysection 622\nassured tenancysection 622”.\n63 In section 612 of that Act (exclusion of Rent Act protection) after the words “the Rent Acts” there shall be inserted “ “or Part I of the Housing Act 1988 ”.\n64 In section 622 of that Act (definitions: general) before the definition of “bank” there shall be inserted—\n“ “assured tenancy” has the same meaning as in Part I of the Housing Act 1988;\n“assured agricultural occupancy” has the same meaning as in Part I of the Housing Act 1988”.\n65 In Schedule 2 to that Act, in Part IV (grounds for possession: suitability of alternative accommodation) in paragraph 1, at the end of sub-paragraph (b) there shall be added “or\n(c) which are to be let as a separate dwelling under an assured tenancy which is neither an assured shorthold tenancy, within the meaning of Part I of the Housing Act 1988, nor a tenancy under which the landlord might recover possession under any of Grounds 1 to 5 in Schedule 2 to that Act”.\n66 In Schedule 5 to that Act, in paragraph 3, after the entry for section 58(2) of the Housing Associations Act 1985 there shall be inserted the following entries—\n“section 50 of the Housing Act 1988 (housing association grants), or\nsection 51 of that Act (revenue deficit grants).”\n\nThe Landlord and Tenant Act 1985\n67(1)In section 5 of the Landlord and Tenant Act 1985 (information to be contained in rent books), in subsection (1)(b) after the word “tenancy” there shall be inserted “ “or let on an assured tenancy within the meaning of Part I of the Housing Act 1988 ”.\n(2) In subsection (2) of that section after the word “tenancy” there shall be added “ “or let on an assured tenancy within the meaning of Part I of the Housing Act 1988 ”.\n68 In section 26 of that Act (tenants of certain public authorities excepted from provisions about service charges etc.) in subsection (3)(c) after the words “Housing Act 1980” there shall be inserted “ “or paragraph 4(2)(b) of Schedule 4A to the Leasehold Reform Act 1967 ”.\n\nThe Agricultural Holdings Act 1986\n69(1)In Schedule 3 to the Agricultural Holdings Act 1986 (cases where consent of Tribunal to operation of notice to quit is not required), in Part II (provisions applicable to Case A: suitable alternative accommodation), in paragraph 3 after paragraph (b) there shall be inserted “or\n(c) premises which are to be let as a separate dwelling such that they will then be let on an assured tenancy which is not an assured shorthold tenancy (construing those terms in accordance with Part I of the Housing Act 1988), or\n(d) premises to be let as a separate dwelling on terms which will afford to the tenant security of tenure reasonably equivalent to the security afforded by Chapter I of Part I of that Act in the case of an assured tenancy which is not an assured shorthold tenancy.”\n(2) At the end of the said paragraph 3 there shall be added the following sub-paragraph—\n“(2)Any reference in sub-paragraph (1) above to an assured tenancy does not include a reference to a tenancy in respect of which possession might be recovered on any of Grounds 1 to 5 in Schedule 2 to the Housing Act 1988.”\n70 In Schedule 5 to that Act (notice to quit where tenant is a service man), in paragraph 2(2)(a) after the words “Rent Act 1977” there shall be inserted “ “or paragraph 7 of Schedule 1 to the Housing Act 1988 ”.\n\nThe Drug Trafficking Offences Act 1986\n71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nThe Insolvency Act 1986\n73 In section 308 of the Insolvency Act 1986 (vesting in trustee of certain items of excess value), in subsection (1), for the words “the next section” there shall be substituted “ “section 309 ”.\n74 In section 335 of that Act (adjustment between earlier and later bankruptcy estates), in subsection (4) after the words “replacement value)” there shall be inserted the words “ “or section 308A (vesting in trustee of certain tenancies) ”.\n75 In section 351 of that Act (definitions), in paragraph (a), for the words “or 308” there shall be substituted “ “, section 308 ” and after the words “replacement value)” there shall be inserted “ “or section 308A (vesting in trustee of certain tenancies) ”.\n\nThe Social Security Act 1986\n76 In section 31 of the Social Security Act 1986 (information relating to housing benefit), in subsection (5) (information as to registered rents), after the words “housing benefit scheme” there shall be inserted “ “(a) ”, and at the end there shall be added “and\n(b) where a rent is determined under section 14 or section 22 of the Housing Act 1988 or section 25 or section 34 of the Housing (Scotland) Act 1988 (determination of rents by rent assessment committee), the committee shall note in their determination the amount (if any) of the rent which, in the opinion of the committee, is fairly attributable to the provision of services, except where that amount is in their opinion negligible; and the amounts so noted may be included in the information specified in an order under section 42 of the Housing Act 1988 or, as the case may be, section 49 of the Housing (Scotland) Act 1988 (information to be publicly available)”.\n\nThe Housing (Scotland) Act 1987\n77 In section 12 of the Housing (Scotland) Act 1987 (which relates, amongst other things, to the disposal by local authorities of land acquired or appropriated for housing purposes and of houses)—\n(a) in subsection (1)(c), for the words “subsection (5)” there shall be substituted the words “ “subsections (5) and (7) ”;\n(b) in subsection (7)—\n(i) for “(1)(d)” there shall be substituted “ “(1)(c) or (d) ”;\n(ii) for the words “house or any part share thereof” there shall be substituted the words “ “land, house or part share thereof ”;\n(iii) for the words “it is a house” there shall be substituted the words “ “, in the case of a house, it is one ”;\n(c) in subsection (8) after the word “apply” there shall be inserted the words “ “, in the case of a house, ”.\n78 In section 13 of that Act (power of Secretary of State in certain cases to impose conditions on sale of local authority’s houses etc.) for the words “land or dwelling” there shall be substituted the words “ “or land ”.\n79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nThe Access to Personal Files Act 1987\n80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nThe Criminal Justice (Scotland) Act 1987\n81 In section 33 of the Criminal Justice (Scotland) Act 1987 (sequestration of person holding realisable property), in subsection (2)(b) for the words “under subsection (6) of that section” there shall be substituted the words “ “under subsection (10) of section 31 of that Act or subsection (6) of the said section 32 of that Act ”.\n82 In section 34 of that Act (bankruptcy in England and Wales of person holding realisable property), in subsection (2)(b) for the words “or 308” there shall be substituted “ “308 or 308A ” and after the word “replacement” there shall be inserted “ “and certain tenancies ”.\n\nThe Criminal Justice Act 1988\n83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nThe Housing (Scotland) Act 1988\n85 In section 19 of the Housing (Scotland) Act 1988 (notice of proceedings for possession)—\n(a) in subsection (2) for the word “is” there shall be substituted the words “ “and particulars of it are ”;\n(b) in subsection (3) after the word “one” where it first occurs there shall be inserted the words “ “in the prescribed form ”.\n86 In section 36 of that Act (damages for unlawful eviction)—\n(a) in subsection (2) for the word “calculated” there shall be substituted the word “ “likely ”;\n(b) in subsection (7)(b)—\n(i) after the word “of” where it first occurs there shall be inserted the words “ “the doing of acts or ”;\n(ii) after the word “for” there shall be inserted the words “ “doing the acts or ”.\n87 In section 38 of that Act (further offence of harassment)—\n(a) for the words from “In section 22” to “after subsection (2)” there shall be substituted the words—\n“(1)Subsection (2) of section 22 of the Rent (Scotland) Act 1984 (unlawful eviction and harassment of occupier) shall, as respects acts done after the commencement of this section, have effect with the substitution of the word “likely” for the word “ “calculated ”.\n(2) After that subsection”;\n(b) after “(2A)” there shall be inserted the words “ “Subject to subsection (2B) below ”;\n(c) for the word “calculated” there shall be substituted the word “ “likely ”;\n(d) the words “subject to subsection (2B) below” and “by reason only of conduct falling within paragraph (b) of that subsection” shall cease to have effect;\n(e) after the word “for” where it second occurs there shall be inserted the words “ “doing the acts or ”.\n88 In section 36 of that Act (damages for unlawful eviction)—\n(a) in subsection (6), for the words “proceedings are begun to enforce the liability” there shall be substituted the words “ “the date on which the proceedings to enforce the liability are finally decided ”; and\n(b) after subsection (6) there shall be inserted the following subsections—\n“(6A)For the purposes of subsection (6)(a) above, proceedings to enforce a liability are finally decided—\n(a) if no appeal may be made against the decision in these proceedings;\n(b) if an appeal may be made against the decision with leave and the time limit for applications for leave expires and either no application has been made or leave has been refused;\n(c) if leave to appeal against the decision is granted or is not required and no appeal is made within the time limit for appeals; or\n(d) if an appeal is made but is abandoned before it is determined.\n(6B) If, in proceedings to enforce a liability arising by virtue of subsection (3) above, it appears to the court—\n(a) that, prior to the event which gave rise to the liability, the conduct of the former residential occupier or any person living with him in the premises concerned was such that it is reasonable to mitigate the damages for which the landlord would otherwise be liable, or\n(b) that, before the proceedings were begun, the landlord offered to reinstate the former residential occupier in the premises in question and either it was unreasonable of the former residential occupier to refuse that offer or, if he had obtained alternative accommodation before the offer was made, it would have been unreasonable of him to refuse that offer if he had not obtained that accommodation,\nthe court may reduce the amount of damages which would otherwise be payable to such amount as it thinks appropriate.”.\n89 In section 63 of that Act (consent for subsequent disposals) after subsection (2) there shall be inserted the following subsection—\n“(2A)Before giving any consent for the purposes of subsection (1) above, Scottish Homes—\n(a) shall satisfy itself that the person who is seeking the consent has taken appropriate steps to consult the tenant of the house (or, as the case may be, each house) of which the property proposed to be disposed of consists; and\n(b) shall have regard to the response of such tenant to that consultation.”\n90 In Schedule 4 to that Act (tenancies which cannot be assured tenancies) after paragraph 11 there shall be inserted the following paragraph—\n\n“ Accommodation for homeless persons\n11AA tenancy granted expressly on a temporary basis in the fulfilment of a duty imposed on a local authority by Part II of the Housing (Scotland) Act 1987.”\n\nPart II Amendments Consequential on the Establishment of Housing for Wales\n\nThe Land Commission Act 1967\n91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nThe Parliamentary Commissioner Act 1967\n92 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) after the entry “Housing Corporation” there shall be inserted—\n“Housing for Wales”.\n\nThe Income and Corporation Taxes Act 1970\n93 In section 342 of the Income and Corporation Taxes Act 1970 (disposals of land between Housing Corporation and housing societies) and in section 342A of that Act (disposals by certain housing associations) after the words “Housing Corporation” in each place where they occur there shall be inserted “or Housing for Wales”.\n\nThe Land Compensation Act 1973\n94 In section 32(7B)(b) of the Land Compensation Act 1973 (supplementary provisions about home loss payments) after the words “Housing Corporation” there shall be inserted “or Housing for Wales”.\n\nThe House of Commons Disqualification Act 1975\n95 In Schedule 1 to the House of Commons Disqualification Act 1975, in Part II (bodies of which all members are disqualified) there shall be inserted at the appropriate place the following entry—\n“Housing for Wales”.\n\nThe Statutory Corporations (Financial Provisions) Act 1975\n96 In Schedule 2 to the Statutory Corporations (Financial Provisions) Act 1975 (bodies corporate affected by section 5 of that Act as to their power to borrow in currencies other than sterling) after the entry “The Housing Corporation” there shall be inserted—\n“Housing for Wales”.\n\nThe Development of Rural Wales Act 1976\n97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nThe Rent (Agriculture) Act 1976\n98 In section 5(3) of the Rent (Agriculture) Act 1976 (no statutory tenancy where landlord’s interest belongs to Crown or to local authority etc.) after paragraph (d) there shall be inserted the following paragraph—\n“(da)Housing for Wales”.\n\nThe Rent Act 1977\n99 In section 15(2)(a) of the Rent Act 1977 (landlord’s interest belonging to housing association etc.) after the words “Housing Corporation” there shall be inserted—\n“(aa)Housing for Wales”.\n100 In each of the following provisions of that Act, that is to say, sections 86(2)(a) (tenancies to which Part VI applies), 93(1) (increase of rent without notice to quit) and Schedule 12 (certificates of fair rent), in paragraph 12 (meaning of “secure tenancy”), after the words “Housing Corporation” there shall be inserted “or Housing for Wales”.\n\nThe Criminal Law Act 1977\n101 In section 7(5) of the Criminal Law Act 1977 (authorities who may authorise occupation by protected intending occupier for purposes of offence of adverse occupation of residential premises) after the words “Housing Corporation” there shall be inserted—\n“(ba)Housing for Wales”.\n\nThe National Health Service Act 1977\n102 In section 28A(2)(e) of the National Health Service Act 1977 (power to make payments towards expenditure on community services) at the end there shall be added the following sub-paragraph “and\n(vii) Housing for Wales.”\n103 In section 28B(1)(b)(v) of that Act (power of Secretary of State to make payments towards expenditure on community services in Wales) for the words “the Housing Corporation” there shall be substituted “Housing for Wales”.\n\nThe Local Government, Planning and Land Act 1980\n104 In Schedule 16 to the Local Government, Planning and Land Act 1980 (bodies to whom Part X of that Act applies) after paragraph 9 there shall be inserted the following paragraph—\n“9a. Housing for Wales.”\n\nThe Finance Act 1981\n105 In section 107(3) of the Finance Act 1981 (exemption from stamp duty in case of sale of houses at discount by local authorities etc.) after paragraph (c) there shall be inserted the following paragraph—\n“(ca)Housing for Wales.”\n\nThe Housing Act 1985\n106 In the Housing Act 1985 for the words “Housing Corporation” in each place where they occur there shall be substituted “Corporation”.\n107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n108 In section 57 of that Act (index of defined expressions: Part II) after the entry relating to “compulsory disposal” there shall be inserted—\n“the Corporation»section 6A”.\n109 In section 117 of that Act (index of defined expressions: Part IV) after the entry relating to “co-operative housing association” there shall be inserted—\n“the Corporation» section 6A”.\n110 In section 188 of that Act (index of defined expressions: Part V) after the entry relating to “co-operative housing association” there shall be inserted—\n“the Corporation» section 6A”.\n111 In section 238 of that Act (index of defined expressions: Part VII) after the entry relating to “clearance area” there shall be inserted—\n“the Corporation» section 6A”.\n112 In section 459 of that Act (index of defined expressions: Part XIV) after the entry relating to “building society” there shall be inserted—\n“the Corporation section» 6A”.\n113 In section 577 of that Act (index of defined expressions: Part XVI) after the entry relating to “co-operative housing association” there shall be inserted—\n“the Corporation» section 6A”.\n\nThe Landlord and Tenant Act 1987\n114 In section 58(1) of the Landlord and Tenant Act 1987 (exempt landlords) after paragraph (e) there shall be inserted the following paragraph—\n“(ea)Housing for Wales”.\n\nThe Income and Corporation Taxes Act 1988\n115 In section 376(4) of the Income and Corporation Taxes Act 1988 (qualifying borrowers and lenders) after paragraph (k) there shall be inserted the following paragraph—\n“(ka)Housing for Wales.”\n116 In section 560(2)(e) of that Act (persons who are sub-contractors or contractors for the purposes of Chapter IV of Part XIII of that Act) after the words “Housing Corporation” there shall be inserted “Housing for Wales”.\nSection 140.\n\nSCHEDULE 18 Enactments Repealed\nChapter                 Short title                                                                 Extend of repeal\n14 & 15 Geo. VI c. 65.  The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951.  Section 18(2).\n1976 c.80.              The Rent (Agriculture) Act 1976.                                            In section 4(2) the words “or, as the case may be, subsection (4)”.In section 13(3) the words “68, 69” and “or Part II of Schedule 11 or Schedule 12 to that Act”.In Schedule 4, in Part I, paragraph 2(2).\n1977 c.42.              The Rent Act 1977.                                                          Section 16A.Sections 19 to 21.In section 63, in subsection (1), paragraph (b) and the word “and” immediately preceding it; in subsection (2) in paragraph (a), the words “and deputy rent officers”, in paragraph (b), the words “or deputy rent officer”, in paragraph (d) the words “and deputy rent officers” and the word “and” at the endof the paragraph, andparagraph (e); in sub-section (3), the words “and deputy rent officers”;and in subsection (7)(b), the words “and deputy rent officers”.In section 67, in subsection (5), the words “and sections 68 and 69 of this Act” and in subsection (7), the words “Subject to section 69(4) of this Act.”Sections 68 and 69.In section 74, in subsection (2), in paragraph (a) “69”, in paragraph (b) the words “or II” and paragraph (c).In section 77(1) the words “or the local authority”.In section 80(1) the words “or the local authority”.Section 81A(1)(a).In section 87, in subsection (2), in paragraph (a) “69” and in paragraph (c) the words “and 12”.In section 88(2) the words “then, subject to section 89 of this Act”.Section 89.In section 103(1) the words “or the local authority”.In section 137 the words “this Part of”.In Schedule 1, in paragraph 1 the words “or, as the case may be, paragraph 3”, in paragraph 4, the words “or 3”, and paragraph 7.In Schedule 2, paragraph 6(3).Schedule 8.In Schedule 11, Part II.Schedule 12.In Schedule 14, paragraph 4.In Schedule 15, in Part IV, paragraph 4(2).In Schedule 20, paragraph 2(2).In Schedule 24, paragraph 8(3).\n1977 c. 43.             The Protection from Eviction Act 1977.                                      In section 7(3)(c) the words from “under” to “1977)”.\n1980 c.51.              The Housing Act 1980.                                                       Section 52.Sections 56 to 58.Section 59(1).Section 60.Section 73(2).Section 76(2).In Schedule 9, paragraph 2.In Schedule 10, paragraph 2.In Schedule 25, paragraph 36, in paragraph 40 “68 (4)” and paragraphs 46 and 63.\n1985 c. 51.             The Local Government Act 1985.                                              In Schedule 13, in paragraph 21, the words from “and section 19(5)(aa)” onwards.\n1985 c.68.              The Housing Act 1985.                                                       In section 80, in subsection (1) the words from “the Housing Corporation” to “charity or”, the words “housing association or” and subsection (2).Sections 199 to 201.In Schedule 5, in paragraph 3 the word “or” immediately following the entry for section 55 of the Housing Associations Act 1985; paragraphs 6 and 8.\n1985 c.69.              The Housing Associations Act 1985.                                          In section 3(2) the words “of housing associations maintained under this section”.In section 18(3) the words from “and the Corporation” onwards.In section 40, the entries relating to housing association grant and revenue deficit grant.Sections 41 to 57.Section 62.In section 73, the entries relating to approved de-velopment programme,hostel deficit grant, housing association grant, housing project, revenue deficit grant, shared ownership agreement and shared ownership lease.Section 75(1)(d).In section 87(1) the words “registered housing asso-ciations and other”.In section 107, in subsection (3) the entries relating to sections 4, 44 and 45 and 52, and in subsection (4) the words “section 4(3)(h)”.In Schedule 5, in paragraph 5(3) of Part I and in paragraph 5(3) of Part II, the words “at such times and in such places as the Treasury may direct, and” and the words “withthe approval of the Treasury”.In Schedule 6, paragraph 3(3)(b).\n1986 c.63.              The Housing and Planning Act 1986.                                          Section 7.Section 12.In section 13, subsections (1) to (3) and (5).Section 19.In Schedule 4, paragraphs 1(3) and 10.In Schedule 5, paragraph 8.\n1986 c.65.              The Housing (Scotland) Act 1986.                                            Section 13(1).Sections 14 to 16.In Schedule 2, in paragraph 4(8), sub-paragraph (a) and, in sub-paragraph (b), the words “section 4(3)(h)”.\n1987 c.26.              The Housing (Scotland) Act 1987.                                            In section 61(4)(b) the word “or” at the end of sub-paragraph (v) and at the end of sub-paragraph (vi).\n1987 c.31.              The Landlord and Tenant Act 1987.                                           In section 3(1)(b) the word “or”.Section 4(2)(a)(ii).Section 45.Section 60(2).In Schedule 4, paragraph 7.\n1988 c.9.               The Local Government Act 1988.                                              Section 24(5)(b).\n1988 c.43.              The Housing (Scotland) Act 1988.                                            Section 4(4).In section 38, the words “subject to subsection (2B) below” and “by reason only of conduct falling within paragraph (b) of that subsection”.Schedule 3.In Schedule 9, paragraphs 6(b) and 7.In Schedule 10, the entry relating to the Housing Associations Act 1985.\n\n1 The repeal of sections 19 to 21 of the Rent Act 1977 does not apply with respect to any tenancy or contract entered into before the coming into force of Part I of this Act nor to any other tenancy or contract which, having regard to section 36 of this Act, can be a restricted contract.\n2 The repeal of section 52 of the Housing Act 1980 (protected shorthold tenancies) does not apply with respect to any tenancy entered into before the coming into force of Part I of this Act nor to any other tenancy which, having regard to section 34 of this Act, can be a protected shorthold tenancy.\n3 The repeal of sections 56 to 58 of the Housing Act 1980 does not have effect in relation to any tenancy of a dwelling-house in Wales to which, by virtue of section 37(2) of this Act, section 1(3) of this Act does not apply.\n4 The repeals in section 80 of the Housing Act 1985—\n(a) have effect (subject to section 35(5) of this Act) in relation to any tenancy or licence entered into before the coming into force of Part I of this Act unless, immediately before that time, the landlord or, as the case may be, the licensor is a body which, in accordance with the repeals, would cease to be within the said section 80; and\n(b) do not have effect in relation to a tenancy or licence entered into on or after the coming into force of Part I of this Act if the tenancy or licence falls within any of paragraphs (c) to (f) of subsection (4) of section 35 of this Act and\n(c) do not have effect in relation to a tenancy while it is a housing association tenancy.","title":""}
{"_id":"text_ukla_1992_19","text":"[3rd December 1992]\nWHEREAS—\n(1) The Borough of Llanelli is under the management and local government of the Llanelli Borough Council (hereinafter referred to as “the Council”):\n(2) The river Lliedi in Llanelli flows through a dock, known as the Carmarthenshire Dock, which was originally used for industrial purposes but is now used only for the mooring of a few small vessels:\n(3) The Llanelli Harbour Trust have conservancy functions in respect of certain coastal waters in Llanelli including navigable waters of the river Lliedi and the Carmarthenshire Dock:\n(4) Coal and other heavy industry in the Llanelli area has declined leaving neglected and derelict land in and around the Llanelli coast, and the Council have determined to undertake, jointly with the Welsh Development Agency, a scheme for the development and regeneration of this area:\n(5) The proposed regeneration scheme includes the construction of a coastal link road and other works which would convert the land around the Llanelli coast into a new centre incorporating housing, a business park and leisure facilities:\n(6) To enable the proposed regeneration scheme to take place it is expedient that all public rights of navigation over part of the river Lliedi should be extinguished and that, in consequence, part of the Carmarthenshire Dock should be closed:\n(7) It is expedient that the other provisions in this Act should be enacted:\n(8) The purposes of this Act cannot be effected without the authority of Parliament:\n(9) In relation to the promotion of the Bill for this Act the requirements of section 239 of the [1972 c. 70.] Local Government Act 1972 have been observed:\nMay it therefore please your Majesty that it may be enacted, and be it enacted, by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—\n\n1 Short title\nThis Act may be cited as the Llanelli Borough Council (River Lliedi) Act 1992.\n\n2 Interpretation\n(1) In this Act, unless the context otherwise requires—\n  * “the commencement day” means the day on which this Act comes into force;\n  * “the relevant part of the river Lliedi” means so much of the river Lliedi in Llanelli as lies to the north and north-east of an imaginary straight line (“the first imaginary line”) drawn between a point at SS 4990599424 and a point at SS 4995099424 and to the west and south of an imaginary straight line drawn between a point at SN 5024000280 and a point at SN 5024000140; and\n  * “the relevant part of the Carmarthenshire Dock” means so much of the Carmarthenshire Dock in Llanelli as lies to the north and north-east of the first imaginary line.\n(2) Reference points specified in subsection (1) above shall be construed as references to Ordnance Survey National Grid reference points.\n\n3 Extinguishment of rights of navigation over river Lliedi\n(1) Subject to subsection (3) below, notwithstanding anything contained in the Llanelly Harbour Acts and Orders 1858 to 1954 or any other enactment or rule of law to the contrary, any existing right of navigation over the relevant part of the river Lliedi (including the relevant part of the Carmarthenshire Dock) shall be extinguished on the commencement day.\n(2) As from the commencement day the Llanelli Harbour Trust shall be under no obligation to maintain and manage the relevant part of the river Lliedi or the relevant part of the Carmarthenshire Dock; and, accordingly, on that day any powers, rights, liabilities and obligations relating to the relevant part of the river Lliedi or to the relevant part of the Carmarthenshire Dock which may be conferred or imposed on the Llanelli Harbour Trust by the Llanelly Harbour Acts and Orders 1858 to 1954 or otherwise shall cease.\n(3) Nothing in subsection (1) shall prevent the British Railways Board from navigating in the relevant part of the Carmarthenshire Dock and the relevant part of the river Lliedi for the purpose of inspecting, maintaining, repairing, reconstructing or removing their existing bridges which are situated in those relevant parts.\n\n4 Commencement\nThis Act shall come into force at the end of the period of two months beginning with the day on which this Act is passed.","title":""}
{"_id":"text_ukla_2002_6","text":"[7th November 2002]\nWhereas—\n(1) The qualification of voters at ward elections in the city of London is governed by Part II of the City of London (Various Powers) Act 1957 (c. x):\n(2) It is expedient to alter the qualification for which that Act provides better to reflect the present nature of commercial occupation of premises in the city of London by extending the categories of persons entitled to vote at such elections:\n(3) It is expedient that the other connected matters dealt with in this Act should be enacted:\n(4) The objects of this Act cannot be attained without the authority of Parliament:\nMay it therefore please Your Majesty that it may be enacted, and be it enacted, by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—\n\n1 Short title\nThis Act may be cited as the City of London (Ward Elections) Act 2002.\n\n2 Interpretation\n(1) In this Act—\n  * “the 1957 Act” means the City of London (Various Powers) Act 1957 (c. x);\n  * “city” means city of London;\n  * “occupying”, in relation to any premises, means occupying for relevant purposes by personal physical presence there and, in the case of a qualifying body, includes such occupation—\n    (a) through a director, officer, employee or agent of that body, or\n    (b) through a holder of any paid or unpaid office for the performance of whose functions accommodation is being provided by a qualifying body;\n  * “qualifying body” means a body corporate or an unincorporated body other than a partnership within the meaning of section 1 of the Partnership Act 1890 (c. 39);\n  * “relevant purposes” means the carrying on of any trade, business, profession or other occupation or calling, or the performance of the functions of any paid or unpaid office, being functions for whose performance accommodation is being provided by a qualifying body (whether or not they are functions of that body);\n  * “workforce”, in relation to a qualifying body, means all those persons whose principal or only place of work on the qualifying date is ordinarily the premises in respect of which that body’s right to appoint voters arises, and who work for that body.\n(2) For the purposes of this Act an unincorporated body which is occupying any premises shall be taken to be doing so as owner or tenant whether or not the person who is on its behalf the owner or tenant of those premises is occupying them.\n(3) This Act shall be construed as one with Part II of the 1957 Act.\n\n3 Qualification of voters at ward elections\n(1) Section 6 of the 1957 Act (qualification of voters at ward elections) shall be amended as follows—\n(a) After subsection (1)(b) there shall be inserted— “or\n(c) are persons appointed in writing as voters by a qualifying body which ordinarily occupies as owner or tenant any premises situated in that ward, being premises in respect of which the right to appoint one or more voters depends on the size of the workforce there;”.\n(b) After subsection (2) there shall be inserted—\n“(3)In this section “occupies” shall be construed in accordance with subsection (1) of section 2 of the City of London (Ward Elections) Act 2002; and “qualifying body” and “workforce” have the respective meanings given by that subsection.”.\n(2) The extent of the right to appoint mentioned in section 6(1)(c) of the 1957 Act as depending on the size of the workforce shall be—\n(a) one for a workforce of up to 5, plus one for every 5 by which a workforce exceeds 5, up to a workforce of 50; and\n(b) for a workforce that exceeds 50, the number given by paragraph (a) of this subsection plus 1 for every 50 of that excess.\n(3) In the case of a workforce of over 5 whose number is not exactly divisible by 5 or 50, as the case may be, the remainder shall be disregarded for the purposes of subsection (2) above.\n(4) For ward elections to be held during the period of 12 months beginning with 16th February in the appointed year or during the period of 12 months beginning with that date in any subsequent year, the qualifying date is 1st September in the preceding year.\n(5) For the purposes of subsection (4)—\n(a) if this Act is passed before 1st September in the year in which it is passed, the appointed year is the year next after that year;\n(b) if not, the appointed year is the year next but one after the year in which it is passed.\n(6) No person shall be entitled to vote in more than one ward or more than once in a ward at any ward elections; and accordingly no person shall be registered in more than one ward list or more than once in a ward list.\n(7) For the purposes of section 6 of the 1957 Act, any premises partly situated in each of two or more wards of the city shall be treated as being situated wholly within the ward which appears to the town clerk to contain the greater or, as the case may be, the greatest part of the premises.\n(8) Where, apart from this subsection, sections 6(1)(a) and 6(1)(c) of the 1957 Act would both apply in relation to the same premises, only section 6(1)(a) shall apply in relation to those premises.\n\n4 Allocation of appointments\nA qualifying body which is entitled to appoint more than one person as a voter pursuant to section 6(1)(c) of the 1957 Act shall ensure that the appointments which it makes reflect, so far as is reasonably practicable, the composition of the workforce.\n\n5 Requirements as to connection of persons appointed with the city\n(1) A person shall not be appointed as a voter pursuant to section 6(1)(c) of the 1957 Act unless on the qualifying date—\n(a) the conditions specified in subsection (2) below are fulfilled in respect of him; or\n(b) one of the alternative conditions specified in subsection (3) below is fulfilled in respect of him and, if he no longer has his principal or only place of work within the city, the further condition specified in subsection (4) below is also fulfilled in respect of him.\n(2) The conditions referred to in subsection (1)(a) above are that—\n(a) the person’s principal or only place of work is within the city and has been within the city for the whole of the twelve months preceding the qualifying date; and\n(b) he works for the qualifying body proposing to appoint him and has so worked throughout those twelve months.\n(3) The alternative conditions referred to in subsection (1)(b) above are that the person’s principal or only place of work has been within the city for an aggregate period—\n(a) of at least five years, during the whole of which the person has worked exclusively for the qualifying body proposing to appoint him, or\n(b) of at least ten years in any other case.\n(4) The further condition referred to in subsection (1)(b) above is that at least part of the period relied on under subsection (3) above falls within the 5 years preceding the qualifying date.\n(5) A person who on the qualifying date is a member of a board of directors or other governing body of a qualifying body shall, for the purposes of this section, be treated as having his principal or only place of work on that date, and for the period during which he has been a member of that board or governing body, at the premises in respect of which the entitlement to appoint by that qualifying body arises.\n\n6 Exclusion of Crown bodies\nA government department or other body exercising on behalf of the Crown functions conferred by or under any Act shall not be treated as a qualifying body within the meaning of this Act.\n\n7 Reports\n(1) Not more than 5 years after 16th February in the appointed year, the Corporation shall submit to the Secretary of State a report on the working of the provisions of this Act in relation to those ward elections to which the provisions have applied; and the Secretary of State shall lay the report before Parliament.\n(2) The Corporation shall submit further such reports, at such intervals, as the Secretary of State may require; and the Secretary of State shall lay any such report before Parliament.\n(3) In this section “the appointed year” has the meaning given by section 3(5) above.\n\n8 Ward lists: qualifying bodies\n(1) The inquiries which the town clerk is required to have made under section 7(2) of the 1957 Act as to the persons entitled to vote at ward elections shall include inquiries for the purpose of identifying qualifying bodies; and such inquiries constitute registration duties for the purpose of regulation 29 of the Representation of the People Regulations 1986 (S.I. 1986/1081).\n(2) Before 1st September next after the passing of this Act, and before each subsequent 1st September, the town clerk shall send to each qualifying body known to him to be occupying any premises in the city a notice—\n(a) stating the maximum number of persons which that body may appoint as voters in accordance with the provisions of section 3(2) above; and\n(b) requesting the body to inform him, in writing, of the persons appointed by that body pursuant to section 6(1)(c) of the 1957 Act.\n(3) The town clerk shall include in the provisional ward list prepared by him for any ward under section 7(3) of the 1957 Act the names of all persons appointed by each qualifying body from which he has received notice of appointment.\n(4) The right to submit claims or objections with respect to the contents of ward lists shall include a right for any qualifying body to submit a claim or objection through a duly authorised person acting on behalf of that body, and sections 7(4) and 9 of the 1957 Act with any necessary modifications apply accordingly.\n\n9 Minor and consequential amendments, and repeals\n(1) The enactments specified in Schedule 1 to this Act shall have effect with the amendments there specified, being minor amendments and amendments consequential on the provisions of this Act.\n(2) The enactments specified in Schedule 2 to this Act are repealed to the extent specified in the second column of that Schedule.\n\n10 Interim saving for existing system of ward elections\nAny ward election held before 16th February in the appointed year (as determined by section 3(5) above) shall in all respects (including the qualification of voters) be conducted as if this Act (except paragraph 1 of Schedule 1) had not been enacted.\n\nSCHEDULES\nSection 9(1)\n\nSCHEDULE 1 Minor and consequential amendments\n\nPart 1 Minor amendments\n\nCity of London (Various Powers) Act 1957 (c. x)\n1 In section 6(1) of the 1957 Act (qualification of voters at ward elections), for “British subjects” substitute “Commonwealth citizens”.\n2 In section 7 (Ward lists) of that Act—\n(a) in subsection (3), for “first day of September” substitute “30th November”; and\n(b) in subsection (4), for “fifteenth day of September” substitute “16th December”; and\n(c) in subsection (5), for “fifteenth day of November” (in both places where it occurs) substitute “15th February”, and for “sixteenth day of November” (in both places where it occurs) substitute “16th February”.\n\nPart 2 Consequential amendments\n\nCity of London (Various Powers) Act 1957 (c. x)\n3 In section 4(1) of the 1957 Act, in the definition of “qualifying date” for the words from “subsection (2)” to “this Act” substitute “subsections (4) and (5) of section 3 (Qualification of voters at ward elections) of the City of London (Ward Elections) Act 2002”.\n\nRepresentation of the People Act 1983 (c. 2)\n4 In section 191 of the Representation of the People Act 1983 (municipal elections in the city), at the end of subsection (2) insert “and the City of London (Ward Elections) Act 2002”.\n5 In paragraph 1 of Schedule 6 to that Act (ward elections in the City), at the end insert “and the City of London (Ward Elections) Act 2002”.\n6 In paragraph 5 of that Schedule, for the words “City Act” substitute “City of London (Ward Elections) Act 2002”.\nSection 9(2)\n\nSCHEDULE 2 Repeals\nShort title and chapter                          Extent of repeal\nCity of London (Various Powers) Act 1957 (c. x)  In section 4(2) the words “subsections (3) and (4) and”, and the explanatory words in brackets.\nSection 4(2).\nSection 6(2).\nRepresentation of the People Act 1983 (c. 2)     In paragraph 6 of Schedule 6, the words “subsections (3) and (4) and”, and the explanatory words in brackets.","title":""}
{"_id":"text_ukpga_1976_52","text":"[26th October 1976]\n\nPart I General\n\n1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nService in and constitution of forces\n\n2 Regulations as to variation of term of service.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n3 Royal Marines.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n4 QARNNS and WRNS.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nPart II Trial and Punishment of Offences\n\nSummary punishment\n\n5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nCivilians\n\n6 Establishment of Standing Civilian Courts.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n7 Jurisdiction of Standing Civilian Courts.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n8 Powers of courts in relation to civilians.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n8 Powers of courts in relation to civilians.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n9 Constitution of courts-martial for civilians.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nJuveniles\n\n10 Powers of courts in relation to juveniles.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nCourt-martial procedure\n\n11 Proof at courts-martial by written statement.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n12 Exemption of certain persons from duty to take oath at court-martial.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nPowers of court-martial etc.\n\n13 Imprisonment in default of payment of fines.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n14 Restitution and compensation.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nNaval Offences\n\n15 Territorial scope of certain offences.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nPowers of civil courts\n\n16 Enforcement by civil courts of financial penalties awarded under Services Acts.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nRehabilitation\n\n17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nPart III Miscellaneous and Supplementary\n\n18 Deductions for maintenance of children.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n19 Deductions from RAF pensions\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n20 Disqualification of members of forces for House of Commons and Northern Ireland Assembly.\nIn section 1 of the House of Commons Disqualification Act 1975 and section 1 of the Northern Ireland Assembly Disqualification Act 1975 (each of which disqualifies holders of certain offices and places)—\n(a) the words “or the Ulster Defence Regiment\" shall be added at the end of subsection (1)(c), and\n(b) the following definition shall be substituted for the definition of “regular armed forces of the Crown\" in subsection (3) of the former section and subsection (3) of the former section and subsection (2) of the latter, namely— “ “regular armed forces of the Crown” means the Royal Navy, the regular forces as defined by section 225 of the Army Act 1955, the regular air force as defined by section 223 of the Air Force Act 1955, Queen Alexandra’s Royal Naval Nursing Service and the Women’s Royal Naval Service. ”\n\n21 Greenwich Hospital.\n(1) The Secretary of State shall continue to apply the income of the Travers Foundation property, after deducting the necessary and proper expenses of management, in granting such pensions to qualified officers, and under such conditions, as Her Majesty may from time to time by Order in Council direct; and all such pensions shall continue to be distinguished as Travers pensions.\n(2) Subject to subsection (1) above, the Secretary of State shall apply the income of the Travers Foundation property for the general purposes of the Greenwich Hospital Acts 1865 to 1967.\n(3) The Greenwich Hospital Acts 1865 to 1967 shall have effect as if the said property were property which vested in the Admiralty by virtue of the Greenwich Hospital Act 1865, and the capital and revenue of the property were capital and revenue of Greenwich Hospital, except that the accounts of the property shall be kept distinct from the general accounts of Greenwich Hospital, and be shown separately in any statement rendered to Parliament under the Greenwich Hospital Acts 1865 to 1967.\n(4) The rents and profits of the lands which vested in the Admiralty by virtue of the Greenwich Hospital Act 1865 and the Naval Knights of Windsor (Dissolution) Act 1892 shall continue to be paid, either with or without deductions of the necessary and proper expenses of management of those lands, and of other necessary and proper outgoings in respect of them, into the Bank of England to the cash account of Her Majesty’s Paymaster General, who shall carry them to the Greenwich Hospital Income Account and to the account mentioned in subsection (3) above respectively.\n(5) In this section—\n  * “qualified officers” means retired officers of the rank of lieutenant in the Royal Navy, or officers of the Royal Navy who have retired from the active list of lieutenants with the rank of commander in the Royal Navy; and\n  * “the Travers Foundation property” means the property which was transferred to the Admiralty by the Naval Knights of Windsor (Dissolution) Act 1892 and from them to the Secretary of State by the Defence (Transfer of Functions) Act 1964.\n\n22 Citation etc.\n(1) This Act may be cited as the Armed Forces Act 1976.\n(2) Section 21 above may be cited together with the Greenwich Hospital Acts 1865 to 1967 as the Greenwich Hospital Acts 1865 to 1976.\n(3) Except so far as the context otherwise requires, any reference in this Act to any other enactment is a reference to that enactment as amended by or under any subsequent enactment, including an enactment contained in this Act.\n(4) Any power to make an order conferred by any provision of this Act shall include power to make an order varying or revoking any order previously made under that provision.\n(5) The minor and consequential amendments specified in Schedule 9 to this Act shall have effect.\n(6) The enactments specified in Schedule 10 to this Act (which include enactments which were obsolete or unnecessary before the passing of this Act) are repealed to the extent specified in the third column of that Schedule.\n(7) The following provisions of this Act shall come into force on the day this Act is passed, namely—\n  * section 1;\n  * section 10;\n  * section 17(1);\n  * section 20(a);\n  * section 21;\n  * subsections (1) to (4) and (7) to (9) of this section;\n  * subsection (5) of this section so far as it relates to paragraphs 4, 11 and 20(2), (4) and (5) of Schedule 9; and\n  * subsection (6) of this section so far as it relates to the repeal of the following, namely—\n  * the Naval Knights of Windsor (Dissolution) Act 1892,\n  * section 1 of the Armed Forces Act 1971,\n  * section 10(4) of the House of Commons Disqualification Act 1975, and\n  * section 5(3) of the Northern Ireland Assembly Disqualification Act 1975.\n(8) Subject to subsection (7) above, this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.\n(9) An order under subsection (8) above—\n(a) may appoint different days for different provisions and for different purposes; and\n(b) may make savings from the effect of any provision which it brings into force.\n\nSCHEDULES\n\nSCHEDULE 1 ...\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n...\n\nSCHEDULE 2 ...\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n...\n\nSCHEDULE 3 ...\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n...\n\nSCHEDULE 4 ...\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n...\n\nSCHEDULE 5 ...\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n...\n\nSCHEDULE 6 ...\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n...\n\nSCHEDULE 7 ...\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n...\n\nSCHEDULE 8...\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\nSection 22.\n\nSCHEDULE 9 Miscellaneous Amendments\n\nCriminal Evidence Act 1898\n1 In section 6(1) of the Criminal Evidence Act 1898 after the words “1957\" there shall be inserted the words “and in Standing Civilian Courts established under the Armed Forces Act 1976\".\n2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nArmy Act 1955 and Air Force Act 1955\n3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nNaval Discipline Act 1957\n10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nCriminal Justice Act 1967\n15 In section 89(1) of the Criminal Justice Act 1967 (false written statements tendered in evidence) after the word “Act\" there shall be inserted the words “or in proceedings before a court-martial by virtue of the said section 9 as extended by section 12 above or by section 99A of the Army Act 1955 or section 99A of the Air Force Act 1955\".\n\nCourts-Martial (Appeals) Act 1968\n16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nTreatment of Offenders Act (Northern Ireland) 1968\n18 In section 33(4)(b) of the Treatment of Offenders Act (Northern Ireland) 1968 after the words “court-martial\" there shall be inserted the words “or a Standing Civilian Court established under the Armed Forces Act 1976\".\n19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nRehabilitation of Offenders Act 1974\n20(1)In subsection (1) of section 2 of the Rehabilitation of Offenders Act 1974 after the word “awarded\" there shall be inserted the words “or order made by virtue of Schedule 5A to the Army Act 1955 or to the Air Force Act 1955 or Schedule 4A to the Naval Discipline Act 1957\".\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3) The following paragraph shall be inserted after subsection (5)(b) of that section:—\n“(bb)any proceedings before a Standing Civilian Court established under the Armed Forces Act 1976 ;”.\n(4) In paragraph (d) of section 5(1) of that Act (sentences excluded from rehabilitation) at the end of the paragraph there shall be inserted the words “or a corresponding court-martial punishment\".\n(5) The following subsection shall be inserted after that subsection:—\n“(IA)In subsection (1)(d) above “corresponding court martial punishment” means a punishment awarded under section 71A(3) or (4) of the Army Act 1955, section 7IA(3) or (4) of the Air Force Act 1955 or section 43A(3) or (4) of the Naval Discipline Act 1957.”.\n21(1)The following entries shall be made in Table B in subsection (2) of section 5 of that Act (rehabilitation periods for particular sentences):—\n(a) after the entry relating to a sentence of Borstal training—\n“A custodial order under Schedule 5A to the Army Act 1955 or the Air Force Act 1955, or under Schedule 4A to the Naval Discipline Act 1957, where the maximum period of detention specified in the order is more than six months.  Seven years.”;\n\n(b) after the entry relating to an order for detention in a detention centre:—\n“A custodial order under any of the Schedules to the said Acts of 1955 and 1957 mentioned above, where the maximum period of detention specified in the order is six months or less.  Three years.”.\n\n(2) The following paragraphs shall be added after subsection (5)(f) of that section:—\n“(g)a community supervision order under Schedule 5A to the Army Act 1955 or the Air Force Act 1955, or under Schedule 4A to the Naval Discipline Act 1957;\n(h) a reception order under any of those Schedules;”.\n(3) The following subsection shall be inserted after subsection (10) of that section:—\n“(1OA)The reference in subsection (5) above to the period during which a reception order has effect includes a reference to any subsequent period during wwhich by virtue of the order having been made the Social Work (Scotland) Act 1968 or the Children and Young Persons Act Northern Ireland) 1968 has effect in relation to the person in respect of whom the order was made and subsection (10) above shall accordingly have effect in relation to any such subsequent period.”\n\nTreatment of Offenders (Northern Ireland) Order 1976\n22 In Article 2(2) of the Treatment of Offenders Ireland) Order 1976, in the definition of “court\" after the words “court-martial\" there shall be inserted the words “ or a Standing Civilian Court established under the Armed Forces Act 1976\".\nSection 22.\n\nSCHEDULE 10 Repeals\nChapter                Short Title                                               Extent of Repeal\n55 & 56 Vict. c. 34.   Naval Knights of Windsor (Dissolution) Act 1892.          The whole Act.\n4 Eliz. 2. c. 18.      The Army Act 1955.                                        In section 17(2), the words “except those relating to discharge by purchase)\". In section 78(3), in the second proviso, in paragraph (a), the words “fourteen days or, where the offence was committed on active service,\" and in paragraph (b)(i), the words “fourteen days or, where the civil offence constituting the offence against that section was committed on active service,\".\n                                                                                 Section 86(4).\n                                                                                 In section 93(1), the words “shorthand writer\".\n                                                                                 In section 225(1), in the definition of “Her Majesty’s forces\", the words “37 and\".\n                                                                                 In Schedule 7, in paragraph 1, the words from “10\" to “and\", in the second place where it occurs, paragraph 5A, and in paragraph 6, the words “sections fourteen and seventeen\".\n3 & 4 Eliz. 2. c. 19.  The Air Force Act 1955.                                   In section 17(2), the words “(except those relating to discharge by purchase)\" .\n                                                                                 In section 78(3), in the second proviso, in paragraph (a), the words “fourteen days or, where the offence was committed on active service,\" and in paragraph (b)(i), the words “fourteen days or, where the civil offence constituting the offence against that section was committed on active service,\".\n                                                                                 Section 86(4).\n                                                                                 In section 93(1), the words “shorthand writer\".\n                                                                                 In section 223(1), in the definition of “Her Majesty’s forces\", the words “37 and\".\n5 & 6 Eliz. 2. c. 53.  The Naval Discipline Act 1957.                            In section 60(1), the words “for the purpose of reporting or transcribing the proceedings or\".\n                                                                                 Section 76(5).\n                                                                                 Section 111(5)(a) and (b).\n                                                                                 Section 113(3).\n1966 c. 45.            The Armed Forces Act 1966.                                In section 13(1), the words from “and in place\" to the end of the subsection.\n                                                                                 In Schedule 3, paragraph 2.\n1971 c. 33.            The Armed Forces Act 1971.                                Section 1.\n                                                                                 In section 67(3), the words from the beginning of the subsection to “have effect and\".\n                                                                                 In Schedule 1, paragraph 2(8).\n                                                                                 In Schedule 3, in paragraph 5(3), the words “and (8)\".\n1974 c. 23.            The Juries Act 1974.                                      In Part III of Schedule 1 the words “or any Voluntary Aid Detachment serving with the Royal Navy\".\n1975 c. 24.            The House of Commons Disqualification Act 1975.           Section 10(4).\n1975 c. 25.            The Northern Ireland Assembly Disqualification Act 1975.  Section 5(3).","title":""}
{"_id":"text_ukpga_1985_33","text":"[26th June 1985]\nBe it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—\n\n1 Rates rebates.\n(1) The Secretary of State may by order make provision obliging rating authorities to grant rebates, of amounts determined as provided in the order, in respect of the rates (including domestic water rates) levied in respect of such financial year as is prescribed in the order on lands and heritages which qualify under subsection (2) below for such rebate.\n(2) The lands and heritages which qualify for rebate are lands and heritages the revaluation rateable value of which is greater than3) times their pre-revaluation rateable value but excluding—\n(a) lands and heritages the rateable value of which is prescribed or determined under section 6 of the Local Government (Scotland) Act 1975 (valuation by formula);\n(b) lands and heritages occupied for the purposes of their functions by a local authority, joint committee or joint board (which expressions have the same meaning as in the Local Government (Scotland) Act 1973);\n(c) lands and heritages the rateable value of which has been fixed by order under section 1 of the Valuation for Rating (Scotland) Act 1970 (partial derating of buildings used for livestock production); and\n(d) industrial and freight transport lands and heritages the rateable value of which has been fixed by order under section 10(2) of the Local Government (Financial Provisions) (Scotland) Act 1963 (industrial derating).\n(3) In subsection (2) above—\n  * the “revaluation rateable value” of lands and heritages is, subject to subsection (4) below, their rateable value entered in the valuation roll as at 1st April 1985;\n  * the “pre-revaluation rateable value” of lands and heritages is their rateable value entered in the valuation roll as at 31st March 1985.\n(4) Where the revaluation rateable value of lands and heritages is reduced in order to give effect to an alteration in their value which is due to a material change of circumstances (within the meaning of the Local Government (Scotland) Act 1975), that reduced rateable value shall, for the purposes of this Act after such reduction, be deemed to be the revaluation rateable value of the lands and heritages.\n(5) In subsection (1) above, “financial year” means the period of twelve months ending with the 31st March in 1986 or in any year thereafter.\n(6) An order under this section may contain incidental and supplemental provision.\n(7) An order under this section may be made only with the consent of the Treasury.\n(8) An order under this section shall be made by statutory instrument which shall not have effect until approved by a resolution of the Commons House of Parliament.\n\n2 Finance.\n(1) The Secretary of State shall, out of money provided by Parliament, pay to each rating authority an amount equal to the total amount of rebates granted by them under this Act.\n(2) Payment under subsection (1) above shall be made at such times and in such manner as the Secretary of State shall determine but subject to such conditions as to records, certificates, audit or otherwise (including conditions as to the making, and form, of claims for such payment) as the Secretary of State may, with the consent of the Treasury, impose.\n\n3 Citation, commencement and extent.\n(1) This Act, which may be cited as the Rating (Revaluation Rebates) (Scotland) Act 1985, shall come into force on the expiry of 2 months beginning with the day on which it is passed.\n(2) This Act applies to Scotland only.","title":""}
{"_id":"text_ukla_1992_2","text":"[6th March 1992]\nWhereas the Provisional Order set forth in the Schedule hereunto annexed has been made by the Secretary of State under the provisions of the [1936 c. 52.] Private Legislation Procedure (Scotland) Act 1936, and it is requisite that the said Order should be confirmed by Parliament:\nBe it therefore enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—\n\n1 Confirmation of Order in Schedule\nThe Provisional Order contained in the Schedule hereunto annexed is hereby confirmed.\n\n2 Short title\nThis Act may be cited as the Aberdeen Harbour Order Confirmation Act 1992.\n\nSCHEDULEAberdeen Harbour\nProvisional Order relating to road traffic offences on harbour roads and the application to those roads of certain provisions of the Traffic Acts.\nWHEREAS—\n(1) The port and harbour of Aberdeen is vested in and administered by the Aberdeen Harbour Board pursuant to the provisions of the Aberdeen Harbour Orders 1960 to 1990:\n(2) It is expedient that the Board be enabled to regulate motor vehicle traffic on harbour roads and on other places within the harbour limits and, for that purpose, to apply within those limits certain provisions of the Traffic Acts:\n(3) The purposes of this Order cannot be effected without an Order confirmed by Parliament under the provisions of the [1936 c. 52.] Private Legislation Procedure (Scotland) Act 1936:\nNow therefore, in pursuance of the powers contained in the said Act of 1936, the Secretary of State orders as follows:—\n\n1 Short and collective titles\n(1) This Order may be cited as the Aberdeen Harbour Order 1992.\n(2) The Aberdeen Harbour Orders 1960 to 1990 and this Order may be cited together as the Aberdeen Harbour Orders 1960 to 1992.\n\n2 Interpretation\nIn this Order, except where the context otherwise requires—\n  * “the Board” means the Aberdeen Harbour Board;\n  * “harbour road” means any road, pier, wharf, quay, bridge, cargo handling area or other work or any land which is—\n    (a) vested in, or the property of, the Board;\n    (b) situated within the area shown coloured red on a plan signed by Gavin Douglas, Q.C., Senior Counsel to the Secretary of State under the Private Legislation Procedure (Scotland) Act 1936, copies of which plan shall, within one month after the commencement of this Order, be deposited as follows, that is to say, one at the principal office of the Board, one at the office of the Secretary of State in Edinburgh, one at the Department of Transport, one at the office of the Chief Constable of Grampian Police in Aberdeen and one at the office of the Chief Executive of Grampian Regional Council in Aberdeen; and\n    (c) accessible to motor vehicles;\n  * “motor vehicle” has the same meaning as in the [1988 c. 52.] Road Traffic Act 1988;\n  * “the Road Traffic Acts” and“the Traffic Acts” have the same meanings as in the Road Traffic Act 1988.\n\n3 Road traffic offences on harbour roads\n(1)(a)The Traffic Acts shall have effect as if, in the provisions thereof hereinafter mentioned, the expression “road” included a harbour road and any person who commits an offence under any of those provisions as extended by this section shall be liable to be dealt with in all respects as if the offence had been committed under those provisions on a road as defined by section 151 of the [1984 c. 54.] Roads (Scotland) Act 1984, and all the provisions of the Traffic Acts, so far as applicable, shall apply accordingly.\n(b) Where any such provision confers power to make regulations the reference to that provision includes a reference to any regulations thereunder from time to time in force.\n(2) The provisions referred to in subsection (1) above are—\n  * The [1984 c. 27.] Road Traffic Regulation Act 1984—\n      + section 1 (Traffic regulation orders outside Greater London);\n      + section 2 (What a traffic regulation order may provide);\n      + section 3 (Restrictions on traffic regulation orders);\n      + section 4 (Provisions supplementary to ss. 2 and 3);\n      + section 5 (Contravention of traffic regulation order);\n      + section 64 (General provisions as to traffic signs);\n      + section 65 (Powers and duties of highway authorities as to placing of traffic signs);\n      + section 67 (Emergencies and temporary obstructions);\n      + section 68 (Placing of traffic signs in connection with exercise of other powers);\n      + section 89 (Speeding offences generally);\n      + section 98 (Prosecution for offences and maximum penalties on conviction);\n      + Schedule 9 (Special Provisions as to certain Orders)—\n      + Part III (Procedure as to certain orders);\n      + Part IV (Variation or revocation of certain orders);\n      + Part VI (Validity of certain orders):\n  * The Road Traffic Act 1988—\n      + section 1 (Causing death by reckless driving);\n      + section 2 (Reckless driving);\n      + section 3 (Careless, and inconsiderate, driving);\n      + section 4 (Driving, or being in charge, when under influence of drink or drugs);\n      + section 5 (Driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit);\n      + section 6 (Breath tests);\n      + section 7 (Provision of specimens for analysis);\n      + section 8 (Choice of specimens of breath);\n      + section 11 (Interpretation of sections 4 to 10);\n      + section 14 (Seat belts: adults);\n      + section 15 (1) and (2) (Restriction on carrying children not wearing seat belts in motor vehicles);\n      + section 16 (Wearing of protective headgear);\n      + section 22 (Leaving vehicles in dangerous positions);\n      + section 24 (Restriction of carriage of persons on bicycles);\n      + section 25 (Tampering with motor vehicles);\n      + section 26 (Holding or getting on to vehicle in order to be towed or carried);\n      + section 28 (Reckless cycling);\n      + section 29 (Careless, and inconsiderate, cycling);\n      + section 30 (Cycling when under influence of drink or drugs);\n      + section 35 (Drivers to comply with traffic directions);\n      + section 36 (Drivers to comply with traffic signs);\n      + section 37 (Directions to pedestrians);\n      + section 41 (Regulation of construction, weight, equipment and use of vehicles);\n      + section 47 (Obligatory test certificates);\n      + section 67 (Testing of condition of vehicles on roads);\n      + section 81 (Regulation of brakes, bells etc., on pedal cycles);\n      + section 87 (Drivers of motor vehicles to have driving licences);\n      + section 103 (Obtaining licence, or driving, while disqualified);\n      + section 110 (Drivers of heavy goods vehicles to be licensed);\n      + section 111 (Licensing authority, and applications, for HGV drivers' licences);\n      + section 112 (Grant of HGV drivers' licences);\n      + section 113 (Duration of HGV drivers' licences);\n      + section 114 (Disqualification on revocation of HGV drivers' licence);\n      + section 143 (Users of motor vehicles to be insured or secured against third-party risks);\n      + section 144 (Exceptions from requirement of third-party insurance or security);\n      + section 163 (Power of police to stop vehicles);\n      + section 164 (Power of constables to require production of driving licence and in certain cases statement of date of birth);\n      + section 165 (Power of constables to obtain names and addresses of drivers and others, and to require production of evidence of insurance or security and test certificates);\n      + section 170 (Duty of driver to stop, report accident and give information or documents);\n      + section 171 (Duty of owner of motor vehicle to give information verifying compliance with requirement of compulsory insurance or security);\n      + section 172 (Duty to give information as to identity of driver, etc., in certain cases);\n      + section 178 (Taking motor vehicle without authority, etc.).\n(3)(a)This subsection applies to a motor vehicle of any class other than one falling within section 86 (6) of the [1984 c. 27.] Road Traffic Regulation Act 1984.\n(b) It shall not be lawful to drive a motor vehicle to which this subsection applies—\n(i) on a harbour road (not being a designated harbour road) at a speed exceeding 30 miles per hour; or\n(ii) on a designated harbour road at a speed exceeding 15 miles per hour;\nand a contravention or alleged contravention of this subsection shall be treated for all purposes as though it were a contravention or alleged contravention of section 89 of the Road Traffic Regulation Act 1984.\n(c) The Board may designate a harbour road for the purposes of paragraph (b) (ii) above by passing a resolution to that effect and that designation shall come into operation 28 days after notice of the resolution has been served on the Chief Constable of Grampian Police and published in the Edinburgh Gazette and in a local newspaper circulating in the area of the Board; and the expression “designated harbour road” shall be construed accordingly.\n(4) For the purposes of the Traffic Acts as extended and applied by this section, the expressions“local authority”,“local roads authority” and“roads authority” mean the Board in relation to any harbour road.","title":""}
{"_id":"text_ukpga_1978_15","text":"[25th May 1978]\n\nThe new state\n\n1 Independence for Solomon Islands.\n(1) On and after 7th July 1978 (“Independence Day”) the territories which immediately before that day are comprised in the Solomon Islands protectorate shall together form part of Her Majesty’s dominions under the name of Solomon Islands; and on and after that day Her Majesty’s Government in the United Kingdom shall have no responsibility for the government of those territories.\n(2) No Act of Parliament of the United Kingdom passed on or after Independence Day shall extend or be deemed to extend to Solomon Islands as part of its law.\n(3) Subsection (1) above shall not affect the operation in Solomon Islands of any enactment or any other instrument having the effect of law passed or made before Independence Day, or be taken to extend any such enactment or instrument to Solomon Islands as part of its law.\n\nNationality law\n\n2 Effect of independence on British nationality.\n(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(2) A person who, immediately before Independence Day, is a citizen of the United Kingdom and Colonies and has (within section 3 below) a connection with the Solomon Islands protectorate shall cease to be such a citizen on becoming (on that day or later) a citizen of Solomon Islands.\n(3) A person born on or after Independence Day, but before 7th July 1980—\n(a) who is at birth a citizen of the United Kingdom and Colonies by descent only; and\n(b) whose father was immediately before Independence Day a citizen of the United Kingdom and Colonies and then had (within section 3) a connection with the protectorate,\nshall cease to be such a citizen on becoming a citizen of Solomon Islands.\n(4) A person referred to in subsection (2) or (3) above, if before 7th July 1980 he has not become a citizen of Solomon Islands—\n(a) shall on that day cease to be a citizen of the United Kingdom and Colonies; and\n(b) unless he then has another nationality, shall on that day become a British protected person.\n\n3“Connection with Solomon Islands”.\n(1) A person has a connection with the Solomon Islands protectorate if he or his father—\n(a) was born in Solomon Islands; or\n(b) became a citizen of the United Kingdom and Colonies by virtue of a certificate of naturalisation granted, or registration effected, at a time when he was resident in Solomon Islands.\n(2) Apart from subsection (1), a woman has a connection with the protectorate if she acquired the status of citizen of the United Kingdom and Colonies (automatically or by registration) on the grounds of marriage to a man who has that connection by virtue of subsection (1), or would have done so had he lived.\n(3) But a person does not have a connection with the protectorate if he, his father or his father’s father—\n(a) was born in the United Kingdom or in a relevant territory; or\n(b) is or was a person naturalised in the United Kingdom and Colonies by virtue of a certificate of naturalisation granted in the United Kingdom or a relevant territory; or\n(c) was, in the United Kingdom or a relevant territory, registered as a citizen of the United Kingdom and Colonies, or was so registered by a High Commissioner exercising functions under section 8(2) or 12(7) of the 1948 Act; or\n(d) became a British subject by reason of the annexation of any territory included in a relevant territory.\n(4) Nor does a person have that connection if his father or his father’s father would, if living immediately before the commencement of the 1948 Act, have become a person naturalised in the United Kingdom and Colonies under section 32(6) of that Act (previous local naturalisation in a colony or protectorate) by virtue of having enjoyed the privileges of naturalisation in a relevant territory.\n(5) Subsection (3)(c) above does not apply to a woman by virtue of her registration as a citizen of the United Kingdom and Colonies if that registration was effected under section 6(2) of the 1948 Act (registration as citizens of United Kingdom and Colonies of women who have been married to such citizens).\n(6) In this section “relevant territory” means any territory which on Independence Day is a colony or an associated state, other than any territory which on that day is not a colony for the purposes of the 1948 Act as then in force (and accordingly does not include Solomon Islands).\n\n4 British protected persons.\n(1) A person who immediately before Independence Day is a British protected person by virtue of his connection with the Solomon Islands protectorate—\n(a) shall cease to be a British protected person on that day if he then becomes a citizen of Solomon Islands or is then a citizen of the United Kingdom and Colonies; but\n(b) otherwise, shall continue on and after that day to be a British protected person, subject to subsection (3) below.\n(2) A person born on or after Independence Day and before 7th July 1980 shall become a British protected person if—\n(a) he does not at birth acquire another nationality or become a citizen of the United Kingdom and Colonies; and\n(b) his father was born in Solomon Islands and is, at the date of the birth, a British protected person by virtue of subsection (1).\n(3) A person who continues to be a British protected person under subsection (1), or becomes one under subsection (2), shall cease to be a British protected person—\n(a) on becoming at any time a citizen of Solomon Islands or of the United Kingdom and Colonies;\n(b) on 7th July 1980, if he then has another nationality; or\n(c) after that day, on acquiring another nationality.\n(4) A person who becomes a British protected person on 7th July 1980 by virtue of section 2(4) of this Act shall cease to be a British protected person if, on or after that day, he becomes a citizen of Solomon Islands or of the United Kingdom and Colonies, or acquires another nationality.\n(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n5 Married women.\n(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(2) A woman who is a British protected person, and is the wife of such a person, shall not herself cease to be a British protected person under section 4 unless her husband does so.\n(3) . . .\n\n6 Construction of nationality provisions.\n(1) References in this Act to a person having or acquiring another nationality are to his being or (as the case may be) becoming a citizen of any country specified in Schedule 3 to the British Nationality Act 1981 (except Solomon Islands), or of a foreign country or of the Republic of Ireland.\n(2) The following provisions of the British Nationality Act 1981, namely sections 45 (evidence), 46 (offences and proceedings), 48 (posthumous children) and 50 (interpretation) shall have effect for the purposes of sections 2 to 6 of this Act as if those sections of this Act were included in that Act.\n(3) A person born out of wedlock and legitimated (within the meaning of section 47(2) of the British Nationality Act 1981) by the subsequent marriage of his parents shall be treated as if he had been born legitimate for any purpose of determining his status, or any change in his status, under this Act.\n(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nOther matters\n\n7 Consequential amendment of law.\n(1) . . .\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4) On and after Independence Day the enactments specified in the Schedule to this Act have effect subject to the amendments there specified.\nThis subsection and the Schedule do not extend to Solomon Islands as part of its law.\n\n8 Pending appeals to Privy Council.\n. . .\n\n9 Interpretation.\n(1) In this act, and in any amendments made by this Act in any other enactment, “Solomon Islands” means the territories which immediately before Independence Day constitute the Solomon Islands protectorate; and “the 1948 Act” means the British Nationality Act 1948.\n(2) References in this Act to any enactment are references to that enactment as amended or extended by or under another enactment.\n\nGeneral\n\n10 Citation.\nThis Act may be cited as the Solomon Islands Act 1978.\nSection 7(4).\n\nSCHEDULE Amendments not affecting the law of Solomon Islands\n1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nVisiting forces\n2 In the Visiting Forces (British Commonwealth) Act 1933, section 4 (attachment and mutual powers of command) applies in relation to forces raised in Solomon Islands as it applies to forces raised in Dominions within the meaning of the Statute of Westminster 1931\n3 In the Visiting Forces Act 1952—\n(a) in section 1(1)(a) (countries to which the Act applies) at the end there shall be added the words “Solomon Islands or”;\n(b) in section 10(1)(a), the expression “colony” shall not include Solomon Islands;\nand, until express provision with respect to Solomon Islands is made by an Order in Council under section 8 of that Act (application to visiting forces of law relating to home forces), any such Order for the time being in force shall be deemed to apply to visiting forces of Solomon Islands.\n\nShips and aircraft\n4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n5 In the Whaling Industry (Regulation) Act 1934, the expression “British Ship to which this Act applies” shall not include a British ship registered in Solomon Islands.\n6 . . .\n\nColonial stock\n7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nCommonwealth Institute\n8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .","title":""}
{"_id":"text_ukla_2010_4","text":"[27th July 2010]\nWhereas—\n(1) It is expedient that the powers of Kent County Council (hereinafter referred to as “the Council”) should be extended and amended as provided in this Act:\n(2) It is expedient that provision be made in relation to filming on highways in Kent:\n(3) It is expedient that the other provisions contained in this Act should be enacted:\n(4) The purposes of this Act cannot be effected without the authority of Parliament:\n(5) In relation to the promotion of this Act the Council has complied with the requirements of section 239 of the Local Government Act 1972 (c. 70):\nMay it therefore please your Majesty that it may be enacted, and be it enacted, by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—\n\n1 Citation\nThis Act may be cited as the Kent County Council (Filming on Highways) Act 2010.\n\n2 Interpretation\nIn this Act—\n  * “the 1984 Act” means the Road Traffic Regulation Act 1984 (c. 27); and\n  * “the Council” means Kent County Council.\n\n3 Prohibition or restriction on roads in connection with filming\n(1) Section 16A of the 1984 Act (prohibition or restriction on roads in connection with certain events) shall apply to the Council with the following modifications.\n(2) The expressions “relevant event” and “the holding of a relevant event” include the making of a film.\n(3) After subsection (2), the following subsection is inserted—\n“(2A)The traffic authority for a road may at any time by notice restrict or prohibit temporarily the use of the road, or any part of it, by vehicles, or vehicles of any class, or by pedestrians, where it appears to them that it is expedient for the making of a film and that the restriction or prohibition should come into force without delay.”.\n(4) The references, in subsections (3), (5) and (7) to (10), to an order under section 16A include references to a notice under subsection (2A) of that section, as inserted by subsection (3) above, and references to the making of such an order include references to the issuing of such a notice.\n\n4 Restrictions on orders and notices\n(1) Section 16B of the 1984 Act (restrictions on orders under section 16A) shall apply in the county of Kent with the following modifications.\n(2) In subsection (1) after the words “three days” the words “(or seven days, in the case of a film order)” are inserted.\n(3) In subsection (6) the words “Subject to subsection (6A),” are inserted at the beginning.\n(4) After subsection (6), the following subsections are inserted—\n“(6A)No more than six film orders may be made under section 16A in any calendar year so as to affect any length of road.\n(6B) No film notice shall continue in force for more than 24 hours from the time at which it comes into effect.\n(6C) As soon as reasonably practicable and in any event not less than 24 hours before the time at which it is to come into effect, a film notice shall be posted at each end of the road, or the part of the road, that is the subject of the notice.\n(6D) In this section, “film orders” and “film notices” are orders and notices under section 16A of this Act which are made or issued in relation to the making of a film.”.\n(5) In subsection (7), for “subsection (6)” there is substituted “subsections (6) and (6A)”.\n\n5 Power to place objects on highways\n(1) Subject to the provisions of this section, the Council, as highway authority, may grant permission for any person making a film to place temporarily on the highway any object or thing required for the purposes of making a film.\n(2) A person making a film shall not, in pursuance of a grant of permission under this section, place any object or thing on a bridge over a railway, or under a bridge carrying a railway over a highway or a public open space, or within four metres of the abutments of a bridge carrying a railway over a highway or a public open space, except with the consent of the railway undertakers concerned.\n(3) In exercising their functions under this section the Council—\n(a) shall take steps to prevent, so far as reasonably practicable, interference with vehicular and pedestrian traffic using the highway; and\n(b) shall not grant any permission which would have the effect of obstructing or rendering less convenient—\n(i) the access to or exit from premises belonging to canal, inland navigation, dock, harbour, tramway, or statutory undertakers, or persons authorised by any enactment to carry on any other public undertaking; or\n(ii) the use by those undertakers or persons of such premises for the purposes of their undertaking.\n(4) In subsection (3) above, “statutory undertakers” means any of the following—\n(a) a licence holder within the meaning of Part 1 of the Electricity Act 1989 (c. 29);\n(b) a public gas supplier within the meaning of Part 1 of the Gas Act 1986 (c. 44);\n(c) a water undertaker within the meaning of the Water Industry Act 1991 (c. 56);\n(d) a sewerage undertaker within Part 1 of the Water Industry Act 1991;\n(e) a local authority which is a relevant authority for the purposes of section 97 of the Water Industry Act 1991.","title":""}
{"_id":"text_apni_1971_21","text":"[8th June 1971]\n\n1 Provision for making changes affecting certain social services in Northern Ireland to correspond with changes affecting comparable services in Great Britain.\n(1) Where it appears to either House of Parliament that a change is contemplated in the law of Great Britain relating to any benefit or contribution payable under, or other matter dealt with by or under, any of the enactments mentioned in Schedule 1, that House may resolve that a change corresponding to any change that may be enacted by the Parliament of the United Kingdom, with such modifications, if any, as are authorised by the resolution, should be made in the law of Northern Ireland by order made under the succeeding provisions of this section.\n(2) Subject to subsection (4), where a resolution under subsection (1) has been passed the Department for Social Development may by order make provision for the purposes of securing that there are made in the law of Northern Ireland such changes as appear necessary or expedient to give effect to that resolution.\n(3) Without prejudice to the generality of subsection (2), an order under this section may contain such incidental, consequential, supplemental and transitional provisions as may be necessary or expedient to give effect to the order or in consequence of any change in the law effected or to be effected by or under the order, including in particular—\n(a) provisions—\n(i) authorising the making of an order or orders appointing the day or days (whether before or after the day on which the order is made) with effect from which the order or any provision thereof is to come into operation; or\n(ii) authorising the making of orders or regulations (which orders or regulations may provide that they shall come into force with effect from such day or days before the making of the order or the day on which they are made, but not before the day appointed under sub-paragraph (i) for the coming into operation of the provision of the order under which they are made, as may be provided in them, and shall require to be subject to such control by Parliament as may be specified in the order) for such purposes as are specified in the order; and\n(b) such provisions for the modification, application, adaptation or repeal or revocation of transferred provisions and statutory documents and for administration and enforcement as are specified in the order.\n(4) An order made under this section shall be laid before Parliament after being made but shall (without prejudice to the validity of anything done thereunder or to the making of a new order) cease to have effect upon the expiration of a period of six months from the date on which it was made unless at some time before the expiration of that period the order has been approved by a resolution of each House of Parliament.\n\n2 Expenses.\n[ Subject to the provision made by section 145(5) of the Social Security Administration (Northern Ireland) Act 1992 [ and by Article 73(1) of the Social Security Pensions (Northern Ireland) Order 1975] for reimbursement out of the Northern Ireland National Insurance Fund], there may be defrayed out of money provided by Parliament any increase attributable to the passing of this Act or to any order made under this Act in the sums which would fall to be so defrayed under any other transferred provision.\n\n3 Amendments, interpretation and short title.\nSubs.(1), with Schedule 2, effects amendments\n(2) In this Act the expressions “transferred provision” and “statutory document” have the meanings assigned to them in section 1 of the Interpretation Act (Northern Ireland) 1954 [1954 c.33] .\n(3) This Act may be cited as the Social Services (Parity) Act (Northern Ireland) 1971.\n\nSCHEDULES\nSection 1(1).\n\nSCHEDULE 1ENACTMENTS REFERRED TO IN SECTION 1(1)\n\n  * …\n  * The Family Allowances Acts 1965 to 1969.\n  * …\n  * The Redundancy Payments Acts 1965 and 1969.\n  * The Ministry of Social Security Act 1966 [1966 c.20] .\n  * …\n  * The Family Income Supplements Act 1970 [1970 c.55] .\n  * The Social Security Contributions and Benefits Act 1992.\n  * The Social Security Administration Act 1992.\n  * The Pension Schemes Act 1993\n  * Any Act of the Parliament of the United Kingdom (whether passed before or after this Act) or any instrument made under any such Act which amends, extends, re-enacts (with or without modification) or repeals any of the above-mentioned Acts or any such Act of the said Parliament or instrument as aforesaid.\n\nSchedule 2 — Amendments","title":""}
{"_id":"text_apni_1965_3","text":"[2nd March 1965]\n\nAmendments of the Marketing of Poultry Act (Northern Ireland) 1949\nSs. 1‐4 rep. by 1984 NI 2\nS. 5(1) rep. by 1984 NI 2; subs. (2) rep. by SLR 1973; subs. (3) inserts s. 13A in 1957 c. 27 (NI)\nS. 6 rep. by SRO (NI) 1973/23\nSs. 7‐15 rep. by 1981 NI 22\n\nMiscellaneous and General.\nS. 16 rep. by 2004 NI 7\nS. 17 rep. by 1968 c. 21 (NI)\nS. 18(1) rep. by SR 1995/201; subs.(2) rep. by SLR 1973.\nS. 19 amends Pts. I, III of 1962 c. 13 (NI)\n\n20 Prohibition of sale or sending out of Northern Ireland of horned cattle.\n(1) Any person who is in possession or in charge of any horned cattle (other than cattle having rudimentary or stub horns) which are not either—\n(a) on agricultural land (within the meaning of the Agriculture Act (Northern Ireland) 1949); or\n(b) being moved from agricultural land owned or occupied by a person to other agricultural land owned or occupied by that person;\nshall be guilty of an offence and shall be liable on summary conviction—\n(a) to a fine not exceeding level 3 on the standard scale; or\n(b) if the offence is committed with respect to more than five animals, to a fine not exceeding level 1 on the standard scale for each such animal.\n(2) This section shall not apply to cattle born before the passing of this Act.\n(3) The Ministry of Agriculture may by order made subject to negative resolution exempt from the provisions of this section cattle of such classes or descriptions as may be specified in the order.\n(4) In this section “cattle” means bulls, cows, bullocks, heifers, calves, steers or oxen.\n(5) Commencement\nS. 21 rep. by SLR 1976\nS. 22 rep. by SLR 1973\n\n23 Short title.\nThis Act may be cited as the Agriculture (Miscellaneous Provisions) Act (Northern Ireland) 1965.\n\nSchedule rep. by SLR 1973","title":""}
{"_id":"text_ukpga_Vict_6-7_37","text":"[28th July 1843]\n\n1—5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n6 Commissioners to have full rights of ownership over the lands, &c. vested in them, subject to certain conditions. Investment of proceeds of sale, and sums received for fines.\n. . . All the same and the like rights and powers of ownership as are possessed and enjoyed respecting and over any lands, tithes, rent-charges, tenements, or other hereditaments whatsoever by any absolute owner thereof shall be enjoyed by the said commissioners with respect to and over all or any lands, tithes, rent-charges, tenements, and other hereditaments vested and liable to be vested in them by or under the provisions of the said recited Acts, and may, subject to the provisions of the same Acts and of this Act, be exercised by them, by proper instruments in writing duly executed according to law, but in the case of any such lands, tithes, rent-charges, and other hereditaments not actually in their possession, with the consent of the respective holders thereof, testified by their being made parties to such instruments . . . : Provided always, that every sum of money received as the consideration or purchase money for the sale, transfer, or conveyance by the said commissioners of any of such lands, tithes, tenements, or other hereditaments, or of any estate or interest therein, and also every sum of money received by them as the foregift or fine for the granting or renewing of any lease, shall . . . be applied by them, so soon as conveniently may be after the receipt thereof, in the purchase of lands, tithes, rent-charges, tenements, or other hereditaments, or of some estate or interest therein, and shall in the meantime be invested in some government or parliamentary stock or other public securities in England, the said commissioners being at liberty to apply the interest and dividends of such stock or securities, and the rents and profits of such lands, rent-charges, tithes, tenements, and other hereditaments, to the purposes of the said recited Acts or of this Act.\n\n7—24.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .","title":""}
{"_id":"text_ukpga_Vict_36-37_88","text":"[5th August 1873]\n\nPreliminary\n\n1 Short title.\nThis Act may be cited as “The Slave Trade Act 1873.”\n\n2 Interpretation.\nIn this Act—\n  * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n  * The term “vessel” means any vessel used in navigation:\n  * . . .\n  * The term “governor” includes the officer for the time being administering the government of any colony; and where there is a local governor or lieutenant-governor under a governor-general, means the local governor or lieutenant-governor: . . .\n  * . . .\n  * . . .\n  * The term “vessel of a foreign state” means a vessel which is justly entitled to claim the protection of the flag of a foreign state, or which would be so entitled if she did not lose such protection by being engaged in the slave trade:\n  * The term “treaty” includes any convention, agreement, engagement, or arrangement:\n  * The term “slave trade” when used in relation to any particular treaty does not include anything declared by such treaty not to be comprised in the term or in such treaty:\n  * The term “Vice-Admiralty Court” does not include any Vice-Admiralty Court which for the time being has under its commission a limited jurisdiction only in matters relating to the slave trade:\n  * The term “British slave court” means the High Court of Admiralty of England, every Vice-Admiralty Court in Her Majesty’s dominions out of the United Kingdom, :\n  * The term “slave court” means every British slave court, every mixed commission or court established under any existing slave trade treaty, and the court of any foreign state having jurisdiction to try and condemn a vessel engaged in the slave trade:\n  * The term “existing slave trade treaty” means a treaty made by or on behalf of Her Majesty or Her Royal predecessors with any foreign state for the more effectual suppression of the slave trade and in force at the passing of this Act.\n\nSeizure of Slave Ships\n\n3 Visitation and seizure by cruisers, &c. of suspected slave ships.\nWhere a vessel is, on reasonable grounds, suspected of being engaged in or fitted out for the slave trade, it shall . . . be lawful—\n(a) If the vessel is a British vessel, or is engaged in the slave trade within British jurisdiction, or is not a vessel of a foreign state, for any commander or officer of any of Her Majesty’s ships, for any officer bearing Her Majesty’s commission in the army or navy, for any officer of Her Majesty’s customs in the United Kingdom, or Channel Islands, for any member of the Isle of Man Constabulary,, for the governor of a colony, or any person authorised by any such governor, . . .\n(b) If the vessel is the vessel of a foreign state, for any commander or officer of any of Her Majesty’s ships, when duly authorised in that behalf, in pursuance of any treaty with that state, . . .\nto visit and seize and detain such vessel, and to seize and detain any person found detained or reasonably suspected of having been detained as a slave, for the purpose of the slave trade, on board any such vessel, and to carry away such vessel and person, together with the master and all persons, goods, and effects on board any such vessel, for the purpose of bringing in such vessel, person, goods, and effects . . ..\n\n4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nCourts\n\n5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nMixed Courts\n\n7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nDisposal of Vessels and Slaves\n\n9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nBounties\n\n11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nMiscellaneous\n\n17 Protection of persons authorised to seize.\nAll persons authorised to make seizures under this Act shall, in making and prosecuting any such seizure, have the benefit of all the protection granted to persons authorised to make seizures under any Act for the time being in force relating to Her Majesty’s customs in the United Kingdom . . ..\n\n18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nSlave Trade Act1824\n\n24 Incorporation with unrepealed portions of 5 Geo. 4. c. 113.\nThis Act shall be construed as one with the enactments of the Slave Trade Act 1824, . . . and the expression “this Act” when used in this Act, shall include those enactments.\n\n25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n26 Jurisdiction of court over offences under 5 Geo. 4. c. 113.\nAny offence against this Act or the said enactments with which this Act is to be construed as one, or otherwise in connexion with the slave trade, shall for all purposes of and incidental to the trial and punishment of a person guilty of such offence, and all proceedings and matters preliminary and incidental to and consequential on such trial and punishment, and for all purposes of and incidental to the jurisdiction of any court, constable, and officer with reference to such offence, be deemed to have been committed either in the place in which the offence was committed, . . . or in any place in which the person guilty of the offence may for the time being be . . .; and the offence may be described in any indictment or other document relating thereto as having been committed at the place where it was wholly or partly committed, or as having been committed on the high seas or out of Her Majesty’s dominions, and the venue or local description in the margin may be that of the place in which the trial is held.\nWhere any such offence is commenced at one place and completed at another, the place at which such offence is to be deemed to have been committed shall be either the place where the offence was commenced or the place where the offence was completed.\nWhere a person being in one place is accessory to or aids or abets in any such offence committed in another place, the place at which such offence is to be deemed to have been committed shall be either the place in which the offence was actually committed or the place where the offender was at the time of his being so accessory, aiding, or abetting.\n. . .\n\n27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nApplication of Act\n\n28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nSCHEDULES\n\nFIRST SCHEDULE\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nSECOND SCHEDULE\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .","title":""}
{"_id":"text_ukpga_Vict_18-19_120","text":"[14th August 1855]\n\n1—238.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n239 Special provisions as to inclosed gardens in squares, &c.\nWhere any enclosed garden or ornamental ground is vested in or under the maintenance or management of any commissioners or other body, for the use of the inhabitants of any square, crescent, circus, street, or place surrounding or adjoining such garden or ground, and the powers of such commissioners or other body do not extend beyond such garden or ground, and such square, crescent, circus, street, or place, or any adjoining street, way, or passage, so far as the same may abut upon any part of any house, shop, building, or tenement situate in or fronting any such square, crescent, circus, street, or place, nothing in this Act shall divest such commissioners or body of any property in such garden or ground, or in any railing or footway bounding the same, or of any duties, powers, or authorities now or hereafter vested in any such commissioners or other body for or in relation to the paving, watering, cleansing, improving, or regulating of such enclosed garden or ornamental ground, or in relation to the railing or footway bounding the same, or to levy rates for defraying any expenses incurred in the execution of such duties or powers; and where the maintenance or management of any enclosed garden or ornamental ground is vested in any commissioners or other body, for the use or benefit of the inhabitants of any square, crescent, circus, street, or place surrounding or adjoining the same, who are liable to be assessed for the maintenance thereof, and the powers of such commissioners or other body extend beyond such enclosed garden or ornamental ground, and such square, crescent, circus, street, or place, or such adjoining street, way, or passage as aforesaid, the maintenance and management of such enclosed garden or ornamental ground shall be vested in a committee, consisting of not more than nine nor fewer than three of such inhabitants, and such committee shall be appointed annually in the first week in June by such inhabitants; and the vestry or board shall from time to time cause to be raised the sums required by such committee for defraying the expenses of the maintenance and management of such enclosed garden or ornamental ground, or of such part thereof as is situate within their parish or district, by an addition to the general rate to be assessed on the occupiers of the houses or buildings the occupiers whereof are now liable to be assessed for the same purpose: Provided always, that where any such rate which may now be levied for such purpose is limited in amount, the rate to be levied under this provision shall be subject to the like limit.\n\n240 Saving of powers and property of Commissioners under 14 & 15 Vict. c. 95.\nThis Act shall not divest the Commissioners for carrying into execution the Crown Estate Paving Act 1851, and the subsisting provisions of the Acts therein recited, or the Secretary of State of any of the powers, duties, authorities, or property vested in them respectively under the said Acts; and nothing in this Act shall extend to authorise or empower any council of an inner London borough to exercise any power or control whatsoever in respect of paving, maintaining, lighting, watering, cleansing, and regulating any streets or places in the neighbourhood of the Houses of Parliament, delineated on a plan marked E., referred to by the Crown Estate Paving Act 1851, or any portion of the district now under the management of the Commissioners for carrying into execution the said Crown Estate Paving Act, and the subsisting provisions aforesaid, or to exercise any power or control whatsoever in or over any of the gardens or pleasure grounds the management whereof is now or may for the time being be vested in such last-mentioned Commissioners; nor shall any such street or place, or any portion of such district, as aforesaid, be assessed or rated under this Act for defraying any expenses incurred by any council of an inner London borough in relation to paving, lighting, watering or cleansing; but such streets, places, and district shall be subject . . . to be assessed or rated for sewerage expenses incurred by any such council of an inner London borough and for expenses incurred by the Greater London Council and towards any sums required to be raised by such Board under this Act as by this Act provided.\n\n241—251.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nSCHEDULES (A)—(F)\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .","title":""}
{"_id":"text_ukpga_2015_14","text":"[26th March 2015]\nBe it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—\n\n1 Expulsion and suspension of members of the House of Lords\n(1) Standing Orders of the House of Lords may make provision under which the House of Lords may by resolution—\n(a) expel a member of the House of Lords, or\n(b) suspend a member of the House of Lords for the period specified in the resolution.\n(2) A person expelled by virtue of this section ceases to be a member.\n(3) A person suspended by virtue of this section remains a member during the period of suspension, but during that period the person—\n(a) is not entitled to receive writs of summons to attend the House of Lords, and\n(b) despite any writ of summons previously issued to the person, is disqualified from sitting or voting in the House of Lords or a committee of the House of Lords.\n(4) A resolution passed by virtue of subsection (1) must state that, in the opinion of the House of Lords, the conduct giving rise to the resolution—\n(a) occurred after the coming into force of this Act, or\n(b) occurred before the coming into force of this Act and was not public knowledge before that time.\n\n2 Entitlement to receive writs of summons to attend House of Lords\nIn section 6 of the House of Lords Reform Act 2014 (interpretation), after subsection (2)(c) insert—\n“(d)section 1(3) of the House of Lords (Expulsion and Suspension) Act 2015 (suspension).”\n\n3 Effect of ceasing to be a member\nA person expelled in accordance with section 1 is to be treated as if that person had ceased to be a member in accordance with the House of Lords Reform Act 2014, for the purposes of section 4(2) to (8) of that Act.\n\n4 Short title, commencement and extent\n(1) This Act may be cited as the House of Lords (Expulsion and Suspension) Act 2015.\n(2) This Act shall come into force at the end of the period of three months beginning with the day on which this Act is passed.\n(3) This Act extends to England and Wales, Scotland and Northern Ireland.","title":""}
{"_id":"text_ukpga_Eliz2_4-5_74","text":"[5th November, 1956]\nBe it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—\n\nPART ICopyright in Original Works\n\n1 Nature of copyright under this Act\n(1) In this Act “copyright” in relation to a work (except where the context otherwise requires) means the exclusive right, by virtue and subject to the provisions of this Act, to do, and to authorise other persons to do, certain acts in relation to that work in the United Kingdom or in any other country to which the relevant provision of this Act extends.\nThe said acts, in relation to a work of any description, are those acts which, in the relevant provision of this Act, are designated as the acts restricted by the copyright in a work of that description.\n(2) In accordance with the preceding subsection, but subject to the following provisions of this Act, the copyright in a work is infringed by any person who, not being the owner of the copyright, and without the licence of the owner thereof, does, or authorises another person to do, any of the said acts in relation to the work in the United Kingdom or in any other country to which the relevant provision of this Act extends.\n(3) In the preceding subsections references to the relevant provision of this Act, in relation to a work of any description, are references to the provision of this Act whereby it is provided that (subject to compliance with the conditions specified therein) copyright shall subsist in works of that description.\n(4) The preceding provisions of this section shall apply, in relation to any subject-matter (other than a work) of a description to which any provision of Part II of this Act relates, as they apply in relation to a work.\n(5) For the purposes of any provision of this Act which specifies the conditions under which copyright may subsist in any description of work or other subject-matter, “qualified person ”—\n(a) in the case of an individual, means a person who is a British subject or British protected person or a citizen of the Republic of Ireland or (not being a British subject or British protected person or a citizen of the Republic of Ireland) is domiciled or resident in the United Kingdom or in another country to which that provision extends, and\n(b) in the case of a body corporate, means a body incorporated under the laws of any part of the United Kingdom or of another country to which that provision extends.\nIn this subsection “British protected person ” has the same meaning as in the British Nationality Act, 1948.\n\n2 Copyright in literary, dramatic and musical works\n(1) Copyright shall subsist, subject to the provisions of this Act, in every original literary, dramatic or musical work which is unpublished, and of which the author was a qualified person at the time when the work was made, or, if the making of the work extended over a period, was a qualified person for a substantial part of that period.\n(2) Where an original literary, dramatic or musical work has been published, then, subject to the provisions of this Act, copyright shall subsist in the work (or, if copyright in the work subsisted immediately before its first publication, shall continue to subsist) if, but only if,—\n(a) the first publication of the work took place in the United Kingdom, or in another country to which this section extends, or\n(b) the author of the work was a qualified person at the time when the work was first published, or\n(c) the author had died before that time, but was a qualified person immediately before his death.\n(3) Subject to the last preceding subsection, copyright subsisting in a work by virtue of this section shall continue to subsist until the end of the period of fifty years from the end of the calendar year in which the author died, and shall then expire:\nProvided that if before the death of the author none of the following acts had been done, that is to say,—\n(a) the publication of the work,\n(b) the performance of the work in public,\n(c) the offer for sale to the public of records of the work, and\n(d) the broadcasting of the work,\nthe copyright shall continue to subsist until the end of the period of fifty years from the end of the calendar year which includes the earliest occasion on which one of those acts is done.\n(4) In the last preceding subsection references to the doing of any act in relation to a work include references to the doing of that act in relation to an adaptation of the work.\n(5) The acts restricted by the copyright in a literary, dramatic or musical work are—\n(a) reproducing the work in any material form ;\n(b) publishing the work;\n(c) performing the work in public ;\n(d) broadcasting the work ;\n(e) causing the work to be transmitted to subscribers to a diffusion service;\n(f) making any adaptation of the work;\n(g) doing, in relation to an adaptation of the work, any of the acts specified in relation to the work in paragraphs (a) to (e) of this subsection.\n(6) In this Act“adaptation ”—\n(a) in relation to a literary or dramatic work, means any of the following, that is to say,—\n(i) in the case of a non-dramatic work, a version of the work (whether in its original language or a different language) in which it is converted into a dramatic work;\n(ii) in the case of a dramatic work, a version of the work (whether in its original language or a different language) in which it is converted into a, non-dramatic work;\n(iii) a translation of the work ;\n(iv) a version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book, or in a newspaper, magazine or similar periodical; and\n(b) in relation to a musical work, means an arrangement or transcription of the work,\nso however that the mention of any matter in this definition shall not affect the generality of paragraph (a) of the last preceding subsection.\n\n3 Copyright in artistic works\n(1) In this Act “artistic work ” means a work of any of the following descriptions, that is to say,—\n(a) the following, irrespective of artistic quality, namely paintings, sculptures, drawings, engravings and photographs;\n(b) works of architecture, being either buildings or models for buildings;\n(c) works of artistic craftsmanship, not falling within either of the preceding paragraphs.\n(2) Copyright shall subsist, subject to the provisions of this Act, in every original artistic work which is unpublished, and of which the author was a qualified person at the time when the work was made, or, if the making of the work extended over a period, was a qualified person for a substantial part of that period.\n(3) Where an original artistic work has been published, then, subject to the provisions of this Act, copyright shall subsist in the work (or, if copyright in the work subsisted immediately before its first publication, shall continue to subsist) if, but only if,—\n(a) the first publication of the work took place in the United Kingdom, or in another country to which this section extends, or\n(b) the author of the work was a qualified person at the time when the work was first published, or\n(c) the author had died before that time, but was a qualified person immediately before his death.\n(4) Subject to the last preceding subsection, copyright subsisting in a work by virtue of this section shall continue to subsist until the end of the period of fifty years from the end of the calendar year in which the author died, and shall then expire:\nProvided that—\n(a) in the case of an engraving, if before the death of the author the engraving had not been published, the copyright shall continue to subsist until the end of the period of fifty years from the end of the calendar year in which it is first published;\n(b) the copyright in a photograph shall continue to subsist until the end of the period of fifty years from the end of the calendar year in which the photograph is first published, and shall then expire.\n(5) The acts restricted by the copyright in an artistic work are—\n(a) reproducing the work in any material form ;\n(b) publishing the work ;\n(c) including the work in a television broadcast;\n(d) causing a television programme which includes the work to be transmitted to subscribers to a diffusion service.\n\n4 Ownership of copyright in literary, dramatic, musical and artistic works\n(1) Subject to the provisions of this section, the author of a work shall be entitled to any copyright subsisting in the work by virtue of this Part of this Act.\n(2) Where a literary, dramatic or artistic work is made by the author in the course of his employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship, and is so made for the purpose of publication in a newspaper, magazine or similar periodical, the said proprietor shall be entitled to the copyright in the work in so far as the copyright relates to publication of the work in any newspaper, magazine or similar periodical, or to reproduction of the work for the purpose of its being so published; but in all other respects the author shall be entitled to any copyright subsisting in the work by virtue of this Part of this Act.\n(3) Subject to the last preceding subsection, where a person commissions the taking of a photograph, or the painting or drawing of a portrait, or the making of an engraving, and pays or agrees to pay for it in money or money's worth, and the work is made in pursuance of that commission, the person who so commissioned the work shall be entitled to any copyright subsisting therein by virtue of this Part of this Act.\n(4) Where, in a case not falling within either of the two last preceding subsections, a work is made in the course of the author's employment by another person under a contract of service or apprenticeship, that other person shall be entitled to any copyright subsisting in the work by virtue of this Part of this Act.\n(5) Each of the three last preceding subsections shall have effect subject, in any particular case, to any agreement excluding the operation thereof in that case.\n(6) The preceding provisions of this section shall all have effect subject to the provisions of Part VI of this Act.\n\n5 Infringements by importation, sale and other dealings\n(1) Without prejudice to the general provisions of section one of this Act as to infringements of copyright, the provisions of this section shall have effect in relation to copyright subsisting by virtue of this Part of this Act.\n(2) The copyright in a literary, dramatic, musical or artistic work is infringed by any person who, without the licence of the owner of the copyright, imports an article (otherwise than for his private and domestic use) into the United Kingdom, or into any other country to which this section extends, if to his knowledge the making of that article constituted an infringement of that copyright, or would have constituted such an infringement if the article had been made in the place into which it is so imported.\n(3) The copyright in a literary, dramatic, musical or artistic work is infringed by any person who, in the United Kingdom, or in any other country to which this section extends, and without the licence of the owner of the copyright,—\n(a) sells, lets for hire, or by way of trade offers or exposes for sale or hire any article, or\n(b) by way of trade exhibits any article in public,\nif to his knowledge the making of the article constituted an infringement of that copyright, or (in the case of an imported article) would have constituted an infringement of that copyright if the article had been made in the place into which it was imported.\n(4) The last preceding subsection shall apply in relation to the distribution of any articles either—\n(a) for purposes of trade, or\n(b) for other purposes, but to such an extent as to affect prejudicially the owner of the copyright in question,\nas it applies in relation to the sale of an article.\n(5) The copyright in a literary, dramatic or musical work is also infringed by any person who permits a place of public entertainment to be used for a performance in public of the work, where the performance constitutes an infringement of the copyright in the work:\nProvided that this subsection shall not apply in a case where the person permitting the place to be so used—\n(a) was not aware, and had no reasonable grounds for suspecting, that the performance would be an infringement of the copyright, or\n(b) gave the permission gratuitously, or for a consideration which was only nominal or (if more than nominal) did not exceed a reasonable estimate of the expenses to be incurred by him in consequence of the use of the place for the performance.\n(6) In this section “place of public entertainment” includes any premises which are occupied mainly for other purposes, but are from time to time made available for hire to such persons as may desire to hire them for purposes of public entertainment.\n\n6 General exceptions from protection of literary, dramatic and musical works\n(1) No fair dealing with a literary, dramatic or musical work for purposes of research or private study shall constitute an infringement of the copyright in the work.\n(2) No fair dealing with a literary, dramatic or musical work shall constitute an infringement of the copyright in the work if it is for purposes of criticism or review, whether of that work or of another work, and is accompanied by a sufficient acknowledgment.\n(3) No fair dealing with a literary, dramatic or musical work shall constitute an infringement of the copyright in the work if it is for the purpose of reporting current events—\n(a) in a newspaper, magazine or similar periodical, or\n(b) by means of broadcasting, or in a cinematograph film,\nand, in a case falling within paragraph (a) of this subsection, is accompanied by a sufficient acknowledgment.\n(4) The copyright in a literary, dramatic or musical work is not infringed by reproducing it for the purposes of a judicial proceeding, or for the purposes of a report of a judicial proceeding.\n(5) The reading or recitation in public by one person of any reasonable extract from a published literary or dramatic work, if accompanied by a sufficient acknowledgment, shall not constitute an infringement of the copyright in the work:\nProvided that this subsection shall not apply to anything done for the purposes of broadcasting.\n(6) The copyright in a published literary or dramatic work is not infringed by the inclusion of a short passage therefrom in a collection intended for the use of schools, if—\n(a) the collection is described in its title, and in any advertisements thereof issued by or on behalf of the publisher, as being so intended, and\n(b) the work in question was not published for the use of schools, and\n(c) the collection consists mainly of material in which no copyright subsists, and\n(d) the inclusion of the passage is accompanied by a sufficient acknowledgment:\nProvided that this subsection shall not apply in relation to the copyright in a work if, in addition to the passage in question, two or more other excerpts from works by the author thereof (being works in which copyright subsists at the time when the collection is published) are contained in that collection, or are contained in that collection taken together with every similar collection (if any) published by the same publisher within the period of five years immediately preceding the publication of that collection.\n(7) Where by virtue of an assignment or licence a person is authorised to broadcast a literary, dramatic or musical work from a place in the United Kingdom, or in another country to which section two of this Act extends, but (apart from this subsection) would not be entitled to make reproductions of it in the form of a record or of a cinematograph film, the copyright in the work is not infringed by his making such a reproduction of the work solely for the purpose of broadcasting the work:\nProvided that this subsection shall not apply if—\n(a) the reproduction is used for making any further reproduction therefrom, or for any other purpose except that of broadcasting in accordance with the assignment or licence, or\n(b) the reproduction is not destroyed before the end of the period of twenty-eight days beginning with the day on which it is first used for broadcasting the work in pursuance of the assignment or licence, or such extended period (if any) as may be agreed between the person who made the reproduction and the person who (in relation to the making of reproductions of the description in question) is the owner of the copyright.\n(8) The preceding provisions of this section shall apply to the doing of any act in relation to an adaptation of a work as they apply in relation to the doing of that act in relation to the work itself.\n(9) The provisions of this section shall apply where a work, or adaptation of a work, is caused to be transmitted to subscribers to a diffusion service as they apply where a work or adaptation is broadcast.\n(10) In this Act “sufficient acknowledgment” means an acknowledgment identifying the work in question by its title or other description and, unless the work is anonymous or the author has previously agreed or required that no acknowledgment of his name should be made, also identifying the author.\n\n7 Special exceptions as respects libraries and archives\n(1) The copyright in an article contained in a periodical publication is not infringed by the making or supplying of a copy of the article, if the copy is made or supplied by or on behalf of the librarian of a library of a class prescribed by regulations made under this subsection by the Board of Trade, and the conditions prescribed by those regulations are complied with.\n(2) In making any regulations for the purposes of the preceding subsection the Board of Trade shall make such provision as the Board may consider appropriate for securing—\n(a) that the libraries to which the regulations apply are not established or conducted for profit;\n(b) that the copies in question are supplied only to persons satisfying the librarian, or a person acting on his behalf, that they require them for purposes of research or private study and will not use them for any other purpose;\n(c) that no person is furnished under the regulations with two or more copies of the same article;\n(d) that no copy extends to more than one article contained in any one publication; and\n(e) that persons to whom copies are supplied under the regulations are required to pay for them a sum not less than the cost (including a contribution to the general expenses of the library) attributable to their production,\nand may impose such other requirements (if any) as may appear to the Board to be expedient.\n(3) The copyright in a published literary, dramatic or musical work, other than an article contained in a periodical publication, is not infringed by the making or supplying of a copy of part of the work, if the copy is made or supplied by or on behalf of the librarian of a library of a class prescribed by regulations made under this subsection by the Board of Trade, and the conditions prescribed by those regulations are complied with:\nProvided that this subsection shall not apply if, at the time when the copy is made, the librarian knows the name and address of a person entitled to authorise the making of the copy, or could by reasonable inquiry ascertain the name and address of such a person.\n(4) The provisions of subsection (2) of this section shall apply for the purposes of the last preceding subsection:\nProvided that paragraph (d) of the said subsection (2) shall not apply for those purposes, but any regulations made under the last preceding subsection shall include such provision as the Board of Trade may consider appropriate for securing that no copy to which the regulations apply extends to more than a reasonable proportion of the work in question.\n(5) The copyright in a published literary, dramatic or musical work is not infringed by the making or supplying of a copy of the work, or of part of it, by or on behalf of the librarian of a library of a class prescribed by regulations made under this subsection by the Board of Trade, if—\n(a) the copy is supplied to the librarian of any library of a class so prescribed;\n(b) at the time when the copy is made, the librarian by or on whose behalf it is supplied does not know the name and address of any person entitled to authorise the making of the copy, and could not by reasonable inquiry ascertain the name and address of such a person; and\n(c) any other conditions prescribed by the regulations are complied with:\nProvided that the condition specified in paragraph (b) of this subsection shall not apply in the case of an article contained in a periodical publication.\n(6) Where, at a time more than fifty years from the end of the calendar year in which the author of a literary, dramatic or musical work died, and more than one hundred years after the time, or the end of the period, at or during which the work was made,—\n(a) copyright subsists in the work, but\n(b) the work has not been published, and\n(c) the manuscript or a copy of the work is kept in a library, museum or other institution where (subject to any provisions regulating the institution in question) it is open to public inspection,\nthe copyright in the work is not infringed by a person who reproduces the work for purposes of research or private study, or with a view to publication.\n(7) Where a published literary, dramatic or musical work (in this subsection referred to as “the new work ”) incorporates the whole or part of a work (in this subsection referred to as “the old work ”) in the case of which the circumstances specified in the last preceding subsection existed immediately before the new work was published, and—\n(a) before the new work was published, such notice of the intended publication as may be prescribed by regulations made under this subsection by the Board of Trade had been given, and\n(b) immediately before the new work was published, the identity of the owner of the copyright in the old work was not known to the publisher of the new work,\nthen for the purposes of this Act—\n(i) that publication of the new work, and\n(ii) any subsequent publication of the new work, either in the same or in an altered form,\nshall, in so far as it constitutes a publication of the old work, not be treated as an infringement of the copyright in the old work or as an unauthorised publication of the old work:\nProvided that this subsection shall not apply to a subsequent publication incorporating a part of the old work which was not included in the new work as originally published, unless (apart from this subsection) the circumstances specified in the last preceding subsection, and in paragraphs (a) and (b) of this subsection, existed immediately before that subsequent publication.\n(8) In so far as the publication of a work, or of part of a work, is, by virtue of the last preceding subsection, not to be treated as an infringement of the copyright in the work, a person who subsequently broadcasts the work, or that part thereof, as the case may be, or causes it to be transmitted to subscribers to a diffusion service, or performs it in public, or makes a record of it, does not thereby infringe the copyright in the work.\n(9) In relation to an article or other work which is accompanied by one or more artistic works provided for explaining or illustrating it (in this subsection referred to as “illustrations ”), the preceding provisions of this section shall apply as if—\n(a) wherever they provide that the copyright in the article or work is not infringed, the reference to that copyright included a reference to any copyright in any of the illustrations;\n(b) in subsections (1) and (2), references to a copy of the article included references to a copy of the article together with a copy of the illustrations or any of them ;\n(c) in subsections (3) to (5), references to a copy of the work included references to a copy of the work together with a copy of the illustrations or any of them, and references to a copy of part of the work included references to a copy of that part of the work together with a copy of any of the illustrations which were provided for explaining or illustrating that part; and\n(d) in subsections (6) and (7), references to the doing of any act in relation to the work included references to the doing of that act in relation to the work together with any of the illustrations.\n(10) In this section “article” includes an item of any description.\n\n8 Special exception in respect of records of musical works\n(1) The copyright in a musical work is not infringed by a person (in this section referred to as “the manufacturer”) who makes a record of the work or of an adaptation thereof in the United Kingdom, if—\n(a) records of the work, or, as the case may be, of a similar adaptation of the work, have previously been made in, or imported into, the United Kingdom for the purposes of retail sale, and were so made or imported by, or with the licence of, the owner of the copyright in the work;\n(b) before making the record, the manufacturer gave to the owner of the copyright the prescribed notice of his intention to make it;\n(c) the manufacturer intends to sell the record by retail, or to supply it for the purpose of its being sold by retail by another person, or intends to use it for making other records which are to be so sold or supplied; and\n(d) in the case of a record which is sold by retail, the manufacturer pays to the owner of the copyright, in the prescribed manner and at the prescribed time, a royalty of an amount ascertained in accordance with the following provisions of this section.\n(2) Subject to the following provisions of this section, the royalty mentioned in paragraph (d) of the preceding subsection shall be of an amount equal to six and one-quarter per cent. of the ordinary retail selling price of the record, calculated in the prescribed manner:\nProvided that, if the amount so calculated includes a fraction of a farthing, that fraction shall be reckoned as one farthing, and if, apart from this proviso, the amount of the royalty would be less than three-farthings, the amount thereof shall be three-farthings.\n(3) If, at any time after the end of the period of one year beginning with the coming into operation of this section, it appears to the Board of Trade that the ordinary rate of royalty, or the minimum amount thereof, in accordance with the provisions of the last preceding subsection, or in accordance with those provisions as last varied by an order under this subsection, has ceased to be equitable, either generally or in relation to any class of records, the Board may hold a public inquiry in the prescribed manner; and if, in consequence of such an inquiry, the Board are satisfied of the need to do so, the Board may make an order prescribing such different rate or amount, either generally or in relation to any one or more classes of records, as the Board may consider just:\nProvided that—\n(a) no order shall be made under this subsection unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament; and\n(b) where an order comprising a class of records (that is to say, either a general order or an order relating specifically to that class, or to that class together with one or more other classes of records) has been made under this subsection, no further order comprising that class of records shall be made thereunder less than five years after the date on which the previous order comprising that class (or, if more than one, the last previous order comprising that class) was made thereunder.\n(4) In the case of a record which comprises (with or without other material, and either in their original form or in the form of adaptations) two or more musical works in which copyright subsists—\n(a) the minimum royalty shall be three-farthings in respect of each of those works, or, if a higher or lower amount is prescribed by an order under the last preceding subsection as the minimum royalty, shall be that amount in respect of each of those works ; and\n(b) if the owners of the copyright in the works are different persons, the royalty shall be apportioned among them in such manner as they may agree or as, in default of agreement, may be determined by arbitration.\n(5) Where a record comprises (with or without other material) a performance of a musical work, or of an adaptation of a musical work, in which words are sung, or are spoken incidentally to or in association with the music, and either no copyright subsists in that work or, if such copyright subsists, the conditions specified in subsection (1) of this section are fulfilled in relation to that copyright, then if—\n(a) the words consist or form part of a literary or dramatic work in which copyright subsists, and\n(b) such previous records as are referred to in paragraph (a) of subsection (1) of this section were made or imported by, or with the licence of, the owner of the copyright in that literary or dramatic work, and\n(c) the conditions specified in paragraphs (b) and (d) of subsection (1) of this section are fulfilled in relation to the owner of that copyright,\nthe making of the record shall not constitute an infringement of the copyright in the literary or dramatic work:\nProvided that this subsection shall not be construed as requiring more than one royalty to be paid in respect of a record; and if copyright subsists both in the musical work and in the literary or dramatic work, and their owners are different persons, the royalty shall be apportioned among them (or among them and any other person entitled to a share thereof in accordance with the last preceding subsection) as they may agree or as, in default of agreement, may be determined by arbitration.\n(6) For the purposes of this section an adaptation of a work shall be taken to be similar to an adaptation thereof contained in previous records if the two adaptations do not substantially differ in their treatment of the work, either in respect of style or (apart from any difference in numbers) in respect of the performers required for performing them.\n(7) Where, for the purposes of paragraph (a) of subsection (1) of this section, the manufacturer requires to know whether such previous records as are mentioned in that paragraph were made or imported as therein mentioned, the manufacturer may make the prescribed inquiries; and if the owner of the copyright fails to reply to those inquiries within the prescribed period, the previous records shall be taken to have been made or imported, as the case may be, with the licence of the owner of the copyright.\n(8) The preceding provisions of this section shall apply in relation to records of part of a work or adaptation as they apply in relation to records of the whole of it:\nProvided that subsection (1) of this section—\n(a) shall not apply to a record of the whole of a work or adaptation unless the previous records referred to in paragraph (a) of that subsection were records of the whole of the work or of a similar adaptation, and\n(b) shall not apply to a record of part of a work or adaptation unless those previous records were records of, or comprising, that part of the work or of a similar adaptation.\n(9) In relation to musical works published before the first day of July, nineteen hundred and twelve, the preceding provisions of this section shall apply as if paragraph (a) of subsection (1), paragraph (b) of subsection (5), subsections (6) and (7), and the proviso to the last preceding subsection, were omitted:\nProvided that this subsection shall not extend the operation of subsection (5) of this section to a record in respect of which the condition specified in paragraph (b) of that subsection is not fulfilled, unless the words comprised in the record (as well as the musical work) were published before the first day of July, nineteen hundred and twelve, and were so published as words to be sung to, or spoken incidentally to or in association with, the music.\n(10) Nothing in this section shall be construed as authorising the importation of records which could not lawfully be imported apart from this section; and accordingly, for the purposes of any provision of this Act relating to imported articles, where the question arises whether the making of a record made outside the United Kingdom would have constituted an infringement of copyright if the record had been made in the United Kingdom, that question shall be determined as if subsection (1) of this section had not been enacted.\n(11) In this section “prescribed ” means prescribed by regulations made under this section by the Board of Trade; and any such regulations made for the purposes of paragraph (d) of subsection (1) of this section may provide that the taking of such steps as may be specified in the regulations (being such steps as the Board consider most convenient for ensuring the receipt of the royalties by the owner of the copyright) shall be treated as constituting payment of the royalties in accordance with that paragraph.\n\n9 General exceptions from protection of artistic works\n(1) No fair dealing with an artistic work for purposes of research or private study shall constitute an infringement of the copyright in the work.\n(2) No fair dealing with an artistic work shall constitute an infringement of the copyright in the work if it is for purposes of criticism or review, whether of that work or of another work, and is accompanied by a sufficient acknowledgment.\n(3) The copyright in a work to which this subsection applies which is permanently situated in a public place, or in premises open to the public, is not infringed by the making of a painting, drawing, engraving or photograph of the work, or the inclusion of the work in a cinematograph film or in a television broadcast.\nThis subsection applies to sculptures, and to such works of artistic craftsmanship as are mentioned in paragraph (c) of subsection (1) of section three of this Act.\n(4) The copyright in a work of architecture is not infringed by the making of a painting, drawing, engraving or photograph of the work, or the inclusion of the work in a cinematograph film or in a television broadcast.\n(5) Without prejudice to the two last preceding subsections, the copyright in an artistic work is not infringed by the inclusion of the work in a cinematograph film or in a television broadcast, if its inclusion therein is only by way of background or is otherwise only incidental to the principal matters represented in the film or broadcast.\n(6) The copyright in an artistic work is not infringed by the publication of a painting, drawing, engraving, photograph or cinematograph film, if by virtue of any of the three last preceding subsections the making of that painting, drawing, engraving, photograph or film did not constitute an infringement of the copyright.\n(7) The copyright in an artistic work is not infringed by reproducing it for the purposes of a judicial proceeding or for the purposes of a report of a judicial proceeding.\n(8) The making of an object of any description which is in three dimensions shall not be taken to infringe the copyright in an artistic work in two dimensions, if the object would not appear, to persons who are not experts in relation to objects of that description, to be a reproduction of the artistic work.\n(9) The copyright in an artistic work is not infringed by the making of a subsequent artistic work by the same author, notwithstanding that part of the earlier work—\n(a) is reproduced in the subsequent work, and\n(b) is so reproduced by the use of a mould, cast, sketch, plan, model or study made for the purposes of the earlier work,\nif in making the subsequent work the author does not repeat or imitate the main design of the earlier work.\n(10) Where copyright subsists in a building as a work of architecture, the copyright is not infringed by any reconstruction of that building; and where a building has been constructed in accordance with architectural drawings or plans in which copyright subsists, and has been so constructed by, or with the licence of, the owner of that copyright, any subsequent reconstruction of the building by reference to those drawings or plans shall not constitute an infringement of that copyright.\n(11) The provisions of this section shall apply in relation to a television programme which is caused to be transmitted to subscribers to a diffusion service as they apply in relation to a television broadcast.\n\n10 Special exception in respect of industrial designs\n(1) Where copyright subsists in an artistic work, and a corresponding design is registered under the Registered Designs Act, 1949 (in this section referred to as “the Act of 1949 ”), it shall not be an infringement of the copyright in the work—\n(a) to do anything, during the subsistence of the copyright in the registered design under the Act of 1949, which is within the scope of the copyright in the design, or\n(b) to do anything, after the copyright in the registered design has come to an end, which, if it had been done while the copyright in the design subsisted, would have been within the scope of that copyright as extended to all associated designs and articles:\nProvided that this subsection shall have effect subject to the provisions of the First Schedule to this Act in cases falling within that Schedule.\n(2) Where copyright subsists in an artistic work, and—\n(a) a corresponding design is applied industrially by or with the licence of the owner of the copyright in the work, and\n(b) articles to which the design has been so applied are sold, let for hire, or offered for sale or hire, and\n(c) at the time when those articles are sold, let for hire, or offered for sale or hire, they are not articles in respect of which the design has been registered under the Act of 1949,\nthe following provisions of this section shall apply.\n(3) Subject to the next following subsection,—\n(a) during the relevant period of fifteen years, it shall not be an infringement of the copyright in the work to do anything which, at the time when it is done, would have been within the scope of the copyright in the design if the design had, immediately before that time, been registered in respect of all relevant articles; and\n(b) after the end of the relevant period of fifteen years, it shall not be an infringement of the copyright in the work to do anything which, at the time when it is done, would, if the design had been registered immediately before that time, have been within the scope of the copyright in the design as extended to all associated designs and articles.\nIn this subsection “the relevant period of fifteen years ” means the period of fifteen years beginning with the date on which articles, such as are mentioned in paragraph (b) of the last preceding subsection, were first sold, let for hire, or offered for sale or hire in the circumstances mentioned in paragraph (c) of that subsection; and “all relevant articles ”, in relation to any time within that period, means all articles falling within the said paragraph (b) which had before that time been sold, let for hire, or offered for sale or hire in those circumstances.\n(4) For the purposes of subsections (2) and (3) of this section,, no account shall be taken of any articles in respect of which, at the time when they were sold, let for hire, or offered for sale or hire, the design in question was excluded from registration under the Act of 1949 by rules made under subsection (4) of section one of that Act (which relates to the exclusion of designs for articles which are primarily literary or artistic in character); and for the purposes of any proceedings under this Act a design shall be conclusively presumed to have been so excluded if—\n(a) before the commencement of those proceedings, an application for the registration of the design under the Act of 1949 in respect of those articles had been refused;\n(b) the reason or one of the reasons stated for the refusal was that the design was excluded from such registration by rules made under the said subsection (4); and\n(c) no appeal against that refusal had been allowed before the date of the commencement of the proceedings or was pending on that date.\n(5) The power of the Board of Trade to make rules under section thirty-six of the Act of 1949 shall include power to make rules for the purposes of this section for determining the circumstances in which a design is to be taken to be applied industrially.\n(6) In this section, references to the scope of the copyright in a registered design are references to the aggregate of the things, which, by virtue of section seven of the Act of 1949, the registered proprietor of the design has the exclusive right to do, and references to the scope of the copyright in a registered design as extended to all associated designs and articles are references to the aggregate of the things which, by virtue of that section, the registered proprietor would have had the exclusive right to do if—\n(a) when that design was registered, there had at the same time been registered every possible design consisting of that design with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof, and the said proprietor had been registered as the proprietor of every such design, and\n(b) the design in question, and every other design such as is mentioned in the preceding paragraph, had been registered in respect of all the articles to which it was capable of being applied.\n(7) In this section “corresponding design ”, in relation to an artistic work, means a design which, when applied to an article, results in a reproduction of that work.\n\n11 Provisions as to anonymous and pseudonymous works, and works of joint authorship\n(1) The preceding provisions of this Part of this Act shall have effect subject to the modifications specified in the Second Schedule to this Act in the case of works published anonymously or pseudonymously.\n(2) The provisions of the Third Schedule to this Act shall have effect with respect to works of joint authorship.\n(3) In this Act “work of joint authorship ” means a work produced by the collaboration of two or more authors in which the contribution of each author is not separate from the contribution of the other author or authors.\n\nPART IICopyright in Sound Recordings, Cinematograph Films, Broadcasts, etc.\n\n12 Copyright in sound recordings\n(1) Copyright shall subsist, subject to the provisions of this Act, in every sound recording of which the maker was a qualified person at the time when the recording was made.\n(2) Without prejudice to the preceding subsection, copyright shall subsist, subject to the provisions of this Act, in every sound recording which has been published, if the first publication of the recording took place in the United Kingdom or in another country to which this section extends.\n(3) Copyright subsisting in a sound recording by virtue of this section shall continue to subsist until the end of the period of fifty years from the end of the calendar year in which the recording is first published, and shall then expire.\n(4) Subject to the provisions of this Act, the maker of a sound recording shall be entitled to any copyright subsisting in the recording by virtue of this section:\nProvided that where a person commissions the making of a sound recording, and pays or agrees to pay for it in money or money's worth, and the recording is made in pursuance of that commission, that person, in the absence of any agreement to the contrary, shall, subject to the provisions of Part VI of this Act, be entitled to any copyright subsisting in the recording by virtue of this section.\n(5) The acts restricted by the copyright in a sound recording are the following, whether a record embodying the recording is utilised directly or indirectly in doing them, that is to say,—\n(a) making a record embodying the recording ;\n(b) causing the recording to be heard in public ;\n(c) broadcasting the recording.\n(6) The copyright in a sound recording is not infringed by a person who does any of those acts in the United Kingdom in relation to a sound recording, or part of a sound recording, if—\n(a) records embodying that recording, or that part of the recording, as the case may be, have previously been issued to the public in the United Kingdom, and\n(b) at the time when those records were so issued, neither the records nor the containers in which they were so issued bore a label or other mark indicating the year in which the recording was first published:\nProvided that this subsection shall not apply if it is shown that the records in question were not issued by or with the licence of the owner of the copyright, or that the owner of the copyright had taken all reasonable steps for securing that records embodying the recording or part thereof would not be issued to the public in the United Kingdom without such a label or mark either on the records themselves or on their containers.\n(7) Where a sound recording is caused to be heard in public—\n(a) at any premises where persons reside or sleep, as part of the amenities provided exclusively or mainly for residents or inmates therein, or\n(b) as part of the activities of, or for the benefit of, a club, society or other organisation which is not established or conducted for profit and whose main objects are charitable or are otherwise concerned with the advancement of religion, education or social welfare,\nthe act of causing it to be so heard shall not constitute an infringement of the copyright in the recording:\nProvided that this subsection shall not apply—\n(i) in the case of such premises as are mentioned in paragraph (a) of this subsection, if a special charge is made for admission to the part of the premises where the recording is to be heard ; or\n(ii) in the case of such an organisation as is mentioned in paragraph (b) of this subsection, if a charge is made for admission to the place where the recording is to be heard, and any of the proceeds of the charge are applied otherwise than for the purposes of the organisation.\n(8) For the purposes of this Act a sound recording shall be taken to be made at the time when the first record embodying the recording is produced, and the maker of a sound recording is the person who owns that record at the time when the recording is made.\n(9) In this Act “sound recording ” means the aggregate of the sounds embodied in, and capable of being reproduced by means of, a record of any description, other than a sound-track associated with a cinematograph film; and \" publication in relation to a sound recording, means the issue to the public of records embodying the recording or any part thereof.\n\n13 Copyright in cinematograph films\n(1) Copyright shall subsist, subject to the provisions of this Act, in every cinematograph film of which the maker was a qualified person for the whole or a substantial part of the period during which the film was made.\n(2) Without prejudice to the preceding subsection, copyright shall subsist, subject to the provisions of this Act, in every cinematograph film which has been published, if the first publication of the film took place in the United Kingdom or in another country to which this section extends.\n(3) Copyright subsisting in a cinematograph film by virtue of this section—\n(a) in the case of a film which is registrable under Part III of the Cinematograph Films Act, 1938, shall continue to subsist until the film is registered thereunder, and thereafter until the end of the period of fifty years from the end of the calendar year in which it is so registered;\n(b) in the case of a film which is not so registrable, shall continue until the film is published, and thereafter until the end of the period of fifty years from the end of the calendar year which includes the date of its first publication, or, if copyright in the film subsists by virtue only of the last preceding subsection, shall continue as from the date of first publication until the end of the period of fifty years from the end of the calendar year which includes that date,\nand shall then expire:\nProvided that if the Parliament of Northern Ireland passes legislation for purposes similar to those of Part III of the said Act of 1938, then, in the case of a cinematograph film which is registered under that legislation, at a time when it has not been registered under the said Part III, the copyright shall continue to subsist until the end of the period of fifty years from the end of the calendar year which includes the date on which the film is registered under that legislation, and shall then expire.\n(4) Subject to the provisions of Part VI of this Act, the maker of a cinematograph film shall be entitled to any copyright subsisting in the film by virtue of this section.\n(5) The acts restricted by the copyright in a cinematograph film are—\n(a) making a copy of the film ;\n(b) causing the film, in so far as it consists of visual images, to be seen in public, or, in so far as it consists of sounds, to be heard in public;\n(c) broadcasting the film ;\n(d) causing the film to be transmitted to subscribers to a diffusion service.\n(6) The copyright in a cinematograph film is not infringed by making a copy of it for the purposes of a judicial proceeding, or by causing it to be seen or heard in public for the purposes of such a proceeding.\n(7) Where by virtue of this section copyright has subsisted in a cinematograph film, a person who, after that copyright has expired, causes the film to be seen, or to be seen and heard, in public does not thereby infringe any copyright subsisting by virtue of Part I of this Act in any literary, dramatic, musical or artistic work.\n(8) In the case of any such film as is mentioned in paragraph (a) of section thirty-five of the Cinematograph Films Act, 1938 (which relates to newsreels), the copyright in the film is not infringed by causing it to be seen or heard in public after the end of the period of fifty years from the end of the calendar year in which the principal events depicted in the film occurred.\n(9) For the purposes of this Act a cinematograph film shall be taken to include the sounds embodied in any sound-track associated with the film, and references to a copy of a cinematograph film shall be construed accordingly:\nProvided that where those sounds are also embodied in a record, other than such a sound-track or a record derived (directly or indirectly) from such a sound-track, the copyright in the film is not infringed by any use made of that record.\n(10) In this Act—\n  * “cinematograph film ” means any sequence of visual images recorded on material of any description (whether translucent or not) so as to be capable, by the use of that material,—\n    (a) of being shown as a moving picture, or\n    (b) of being recorded on other material (whether translucent or not), by the use of which it can be so shown;\n  * “the maker ”, in relation to a cinematograph film, means the person by whom the arrangements necessary for the making of the film are undertaken ;\n  * “publication ”, in relation to a cinematograph film, means the sale, letting on hire, or offer for sale or hire, of copies of the film to the public ;\n  * “copy ”, in relation to a cinematograph film, means any print, negative, tape or other article on which the film or part of it is recorded,\nand references in this Act to a sound-track associated with a cinematograph film are references to any record of sounds which is incorporated in any print, negative, tape or other article on which the film or part of it, in so far as it consists of visual images, is recorded, or which is issued by the maker of the film for use in conjunction with such an article.\n(11) References in this section to Part III of the Cinematograph Films Act, 1938, shall be construed as including references to any enactments for the time being in force amending or substituted for the provisions of the said Part III.\n\n14 Copyright in television broadcasts and sound broadcasts\n(1) Copyright shall subsist, subject to the provisions of this Act,—\n(a) in every television broadcast made by the British Broadcasting Corporation (in this Act referred to as “the Corporation”) or by the Independent Television Authority (in this Act referred to as “the Authority ”) from a place in the United Kingdom or in any other country to which this section extends, and\n(b) in every sound broadcast made by the Corporation or the Authority from such a place.\n(2) Subject to the provisions of this Act, the Corporation or the Authority, as the case may be, shall be entitled to any copyright subsisting in a television broadcast or sound broadcast made by them; and any such copyright shall continue to subsist until the end of the period of fifty years from the end of the calendar year in which the broadcast is made, and shall then expire.\n(3) In so far as a television broadcast or sound broadcast is a repetition (whether the first or any subsequent repetition) of a television broadcast or sound broadcast previously made as mentioned in subsection (1) of this section (whether by the Corporation or by the Authority), and is made by broadcasting material recorded on film, records or otherwise,—\n(a) copyright shall not subsist therein by virtue of this section if it is made after the end of the period of fifty years from the end of the calendar year in which the previous broadcast was made; and\n(b) if it is made before the end of that period, any copyright subsisting therein by virtue of this section shall expire at the end of that period.\n(4) The acts restricted by the copyright in a television broadcast or sound broadcast are—\n(a) in the case of a television broadcast in so far as it consists of visual images, making, otherwise than for private purposes, a cinematograph film of it or a copy of such a film ;\n(b) in the case of a sound broadcast, or of a television broadcast in so far as it consists of sounds, making, otherwise than for private purposes, a sound recording of it or a record embodying such a recording;\n(c) in the case of a television broadcast, causing it, in so far as it consists of visual images, to be seen in public, or, in so far as it consists of sounds, to be heard in public, if it is seen or heard by a paying audience;\n(d) in the case either of a television broadcast or of a sound broadcast, re-broadcasting it.\n(5) The restrictions imposed by virtue of the last preceding subsection in relation to a television broadcast or sound broadcast made by the Corporation or by the Authority shall apply whether the act in question is done by the reception of the broadcast or by making use of any record, print, negative, tape or other article on which the broadcast has been recorded.\n(6) In relation to copyright in television broadcasts, in so far as they consist of visual images, the restrictions imposed by virtue of subsection (4) of this section shall apply to any sequence of images sufficient to be seen as a moving picture; and accordingly, for the purpose of establishing an infringement of such copyright, it shall not be necessary to prove that the act in question extended to more than such a sequence of images.\n(7) For the purposes of subsection (4) of this section a cinematograph film or a copy thereof, or a sound recording or a record embodying a recording, shall be taken to be made otherwise than for private purposes if it is made for the purposes of the doing by any person of any of the following acts, that is to say,—\n(a) the sale or letting for hire of any copy of the film, or, as the case may be, of any record embodying the recording;\n(b) broadcasting the film or recording;\n(c) causing the film or recording to be seen or heard in public.\n(8) For the purposes of paragraph (c) of subsection (4) of this section, a television broadcast shall be taken to be seen or heard by a paying audience if it is seen or heard by persons who either—\n(a) have been admitted for payment to the place where the broadcast is to be seen or heard, or have been admitted for payment to a place of which that place forms part, or\n(b) have been admitted to the place where the broadcast is to be seen or heard in circumstances where goods or services are supplied there at prices which exceed the prices usually charged at that place and are partly attributable to the facilities afforded for seeing or hearing the broadcast:\nProvided that for the purposes of paragraph (a) of this subsection no account shall be taken—\n(i) of persons admitted to the place in question as residents or inmates therein, or\n(ii) of persons admitted to that place as members of a club or society, where the payment is only for membership of the club or society and the provision of facilities for seeing or hearing television broadcasts is only incidental to the main purposes of the club or society.\n(9) The copyright in a television broadcast or sound broadcast is not infringed by anything done in relation to the broadcast for the purposes of a judicial proceeding.\n(10) In this Act “television broadcast” means visual images broadcast by way of television, together with any sounds broadcast for reception along with those images, and “sound broadcast ” means sounds broadcast otherwise than as part of a television broadcast; and for the purposes of this Act a television broadcast or sound broadcast shall be taken to be made by the body by whom, at the time when, and from the place from which, the visual images or sounds in question, or both, as the case may be, are broadcast.\n\n15 Copyright in published editions of works\n(1) Copyright shall subsist, subject to the provisions of this Act, in every published edition of any one or more literary, dramatic or musical works in the case of which either—\n(a) the first publication of the edition took place in the United Kingdom, or in another country to which this section extends, or\n(b) the publisher of the edition was a qualified person at the date of the first publication thereof:\nProvided that this subsection does not apply to an edition which reproduces the typographical arrangement of a previous edition of the same work or works.\n(2) Subject to the provisions of this Act, the publisher of an edition shall be entitled to any copyright subsisting in the edition by virtue of this section; and any such copyright shall continue to subsist until the end of the period of twenty-five years from the end of the calendar year in which the edition was first published, and shall then expire.\n(3) The act restricted by the copyright subsisting by virtue of this section in a published edition is the making, by any photographic or similar process, of a reproduction of the typographical arrangement of the edition.\n(4) The copyright under this section in a published edition is not infringed by the making by or on behalf of a librarian of a reproduction of the typographical arrangement of the edition, if he is the librarian of a library of a class prescribed by regulations made under this subsection by the Board of Trade, and the conditions prescribed by those regulations are complied with.\n\n16 Supplementary provisions for purposes of Part II\n(1) The provisions of this section shall have effect with respect to copyright subsisting by virtue of this Part of this Act in sound recordings, cinematograph films, television broadcasts and sound broadcasts, and in published editions of literary, dramatic and musical works; and in those provisions references to the relevant provision of this Part of this Act, in relation to copyright in a subject-matter of any of those descriptions, are references to the provision of this Part of this Act whereby it is provided that (subject to compliance with the conditions specified therein) copyright shall subsist in that description of subject-matter.\n(2) Any copyright subsisting by virtue of this Part of this Act is infringed by any person who, without the licence of the owner of the copyright, imports an article (otherwise than for his private and domestic use) into the United Kingdom, or into any other country to which the relevant provision of this Part of this Act extends, if to his knowledge the making of that article constituted an infringement of that copyright, or would have constituted such an infringement if the article had been made in the place into which it is so imported.\n(3) Any such copyright is also infringed by any person who, in the United Kingdom, or in any other country to which the relevant provision of this Part of this Act extends, and without the licence of the owner of the copyright,—\n(a) sells, lets for hire, or by way of trade offers or exposes for sale or hire any article, or\n(b) by way of trade exhibits any article in public,\nif to his knowledge the making of the article constituted an infringement of that copyright, or (in the case of an imported article) would have constituted an infringement of that copyright if the article had been made in the place into which it was imported.\n(4) The last preceding subsection shall apply in relation to the distribution of any articles either—\n(a) for purposes of trade, or\n(b) for other purposes, but to such an extent as to affect prejudicially the owner of the copyright in question,\nas it applies in relation to the sale of an article.\n(5) The three last preceding subsections shall have effect without prejudice to the general provisions of section one of this Act as to infringements of copyright.\n(6) Where by virtue of this Part of this Act copyright subsists in a sound recording, cinematograph film, broadcast or other subject-matter, nothing in this Part of this Act shall be construed as affecting the operation of Part I of this Act in relation to any literary, dramatic, musical or artistic work from which that subject-matter is wholly or partly derived; and copyright subsisting by virtue of this Part of this Act shall be additional to, and independent of, any copyright subsisting by virtue of Part I of this Act:\nProvided that this subsection shall have effect subject to the provisions of subsection (7) of section thirteen of this Act.\n(7) The subsistence of copyright under any of the preceding sections of this Part of this Act shall not affect the operation of any other of those sections under which copyright can subsist.\n\nPART IIIRemedies for Infringements of Copyright\n\n17 Action by owner of copyright for infringement\n(1) Subject to the provisions of this Act, infringements of copyright shall be actionable at the suit of the owner of the copyright; and in any action for such an infringement all such relief, by way of damages, injunction, accounts or otherwise, shall be available to the plaintiff as is available in any corresponding proceedings in respect of infringements of other proprietary rights.\n(2) Where in an action for infringement of copyright it is proved or admitted—\n(a) that an infringement was committed, but\n(b) that at the time of the infringement the defendant was not aware, and had no reasonable grounds for suspecting, that copyright subsisted in the work or other subject-matter to which the action relates,\nthe plaintiff shall not be entitled under this section to any damages against the defendant in respect of the infringement, but shall be entitled to an account of profits in respect of the infringement whether any other relief is granted under this section or not.\n(3) Where in an action under this section an infringement of copyright is proved or admitted, and the court, having regard (in addition to all other material considerations) to—\n(a) the flagrancy of the infringement, and\n(b) any benefit shown to have accrued to the defendant by reason of the infringement,\nis satisfied that effective relief would not otherwise be available to the plaintiff, the court, in assessing damages for the infringement, shall have power to award such additional damages by virtue of this subsection as the court may consider appropriate in the circumstances.\n(4) In an action for infringement of copyright in respect of the construction of a building, no injunction or other order shall be made—\n(a) after the contraction of the building has been begun, so as to prevent it from being completed, or\n(b) so as to require the building, in so far as it has been constructed, to be demolished.\n(5) In this Part of this Act “action ” includes a counterclaim, and references to the plaintiff and to the defendant in an action shall be construed accordingly.\n(6) In the application of this Part of this Act to Scotland, “injunction” means an interdict and “interlocutory injunction ” means an interim interdict, “accounts” means count, reckoning and payment, “an account of profits” means an accounting and payment of profits, “plaintiff ” means pursuer, “defendant” means defender and “costs ” means expenses.\n\n18 Rights of owner of copyright in respect of infringing copies, etc.\n(1) Subject to the provisions of this Act, the owner of any copyright shall be entitled to all such rights and remedies, in respect of the conversion or detention by any person of any infringing copy, or of any plate used or intended to be used for making infringing copies, as he would be entitled to if he were the owner of every such copy or plate and had been the owner thereof since the time when it was made:\nProvided that if, by virtue of subsection (2) of section three of the Limitation Act, 1939 (which relates to successive conversions or detentions), or of any corresponding provision which may be enacted by the Parliament of Northern Ireland, the title of the owner of the copyright to such a copy or plate would (if he had then been the owner of the copy or plate) have been extinguished at the end of the period mentioned in that subsection or corresponding provision, he shall not be entitled to any rights or remedies under this subsection in respect of anything done in relation to that copy or plate after the end of that period.\n(2) A plaintiff shall not be entitled by virtue of this section to any damages or to any other pecuniary remedy (except costs) if it is proved or admitted that, at the time of the conversion or detention in question,—\n(a) the defendant was not aware, and had no reasonable grounds for suspecting, that copyright subsisted in the work or other subject-matter to which the action relates, or\n(b) where the articles converted or detained were infringing copies, the defendant believed, and had reasonable grounds for believing, that they were not infringing copies, or\n(c) where the article converted or detained was a plate used or intended to be used for making any articles, the defendant believed, and had reasonable grounds for believing, that the articles so made or intended to be made were not, or (as the case may be) would not be, infringing copies.\n(3) In this Part of this Act “infringing copy ”—\n(a) in relation to a literary, dramatic, musical or artistic work, or to such a published edition as is mentioned in section fifteen of this Act, means a reproduction otherwise than in the form of a cinematograph film,\n(b) in relation to a sound recording, means a record embodying that recording,\n(c) in relation to a cinematograph film, means a copy of the film, and\n(d) in relation to a television broadcast or a sound broadcast, means a copy of a cinematograph film of it or a record embodying a sound recording of it,\nbeing (in any such case) an article the making of which constituted an infringement of the copyright in the work, edition, recording, film or broadcast, or, in the case of an imported article, would have constituted an infringement of that copyright if the article had been made in the place into which it was imported; and “plate ” includes any stereotype, stone, block, mould, matrix, transfer, negative or other appliance.\n(4) In the application of this section to Scotland, for any reference to the conversion or detention by any person of an infringing copy there shall be substituted a reference to an intromission by any person with an infringing copy, and for any reference to articles converted or detained there shall be substituted a reference to articles intromitted with.\n\n19 Proceedings in case of copyright subject to exclusive licence\n(1) The provisions of this section shall have effect as to proceedings in the case of any copyright in respect of which an exclusive licence has been granted and is in force at the time of the events to which the proceedings relate.\n(2) Subject to the following provisions of this section—\n(a) the exclusive licensee shall (except against the owner of the copyright) have the same rights of action, and be entitled to the same remedies, under section seventeen of this Act as if the licence had been an assignment, and those rights and remedies shall be concurrent with the rights and remedies of the owner of the copyright under that section;\n(b) the exclusive licensee shall (except against the owner of the copyright) have the same rights of action, and be entitled to the same remedies, by virtue of the last preceding section as if the licence had been an assignment; and\n(c) the owner of the copyright shall not have any rights of action, or be entitled to any remedies, by virtue of the last preceding section which he would not have had or been entitled to if the licence had been an assignment.\n(3) Where an action is brought either by the owner of the copyright or by the exclusive licensee, and the action, in so far as it is brought under section seventeen of this Act, relates (wholly or partly) to an infringement in respect of which they have concurrent rights of action under that section, the owner or licensee, as the case may be, shall not be entitled, except with the leave of the court, to proceed with the action, in so far as it is brought under that section and relates to that infringement, unless the other party is either joined as a plaintiff in the action or added as a defendant:\nProvided that this subsection shall not affect the granting of an interlocutory injunction on the application of either of them.\n(4) In any action brought by the exclusive licensee by virtue of this section, any defence which would have been available to a defendant in the action, if this section had not been enacted and the action had been brought by the owner of the copyright, shall be available to that defendant as against the exclusive licensee.\n(5) Where an action is brought in the circumstances mentioned in subsection (3) of this section, and the owner of the copyright and the exclusive licensee are not both plaintiffs in the action, the court, in assessing damages in respect of any such infringement as is mentioned in that subsection,—\n(a) if the plaintiff is the exclusive licensee, shall take into account any liabilities (in respect of royalties or otherwise) to which the licence is subject, and\n(b) whether the plaintiff is the owner of the copyright or the exclusive licensee, shall take into account any pecuniary remedy already awarded to the other party under section seventeen of this Act in respect of that infringement, or, as the case may require, any right of action exercisable by the other party under that section in respect thereof.\n(6) Where an action, in so far as it is brought under section seventeen of this Act, relates (wholly or partly) to an infringement in respect of which the owner of the copyright and the exclusive licensee have concurrent rights of action under that section, and in that action (whether they are both parties to it or not) an account of profits is directed to be taken in respect of that infringement, then, subject to any agreement of which the court is aware, whereby the application of those profits is determined as between the owner of the copyright and the exclusive licensee, the court shall apportion the profits between them as the court may consider just, and shall give such directions as the court may consider appropriate for giving effect to that apportionment.\n(7) In an action brought either by the owner of the copyright or by the exclusive licensee,—\n(a) no judgment or order for the payment of damages in respect of an infringement of copyright shall be given or made under section seventeen of this Act, if a final judgment or order has been given or made awarding an account of profits to the other party under that section in respect of the same infringement; and\n(b) no judgment or order for an account of profits in respect of an infringement of copyright shall be given or made under that section, if a final judgment or order has been given or made awarding either damages or an account of profits to the other party under that section in respect of the same infringement.\n(8) Where, in an action brought in the circumstances mentioned in subsection (3) of this section, whether by the owner of the copyright or by the exclusive licensee, the other party is not joined as a plaintiff (either at the commencement of the action or subsequently), but is added as a defendant, he shall not be liable for any costs in the action unless he enters an appearance and takes part in the proceedings.\n(9) In this section “exclusive licence” means a licence in writing, signed by or on behalf of an owner or prospective owner of copyright, authorising the licensee, to the exclusion of all other persons, including the grantor of the licence, to exercise a right which by virtue of this Act would (apart from the licence) be exercisable exclusively by the owner of the copyright, and “exclusive licensee ” shall be construed accordingly ; “the other party”, in relation to the owner of the copyright, means the exclusive licensee, and, in relation to the exclusive licensee, means the owner of the copyright; and “if the licence had been an assignment” means if, instead of the licence, there had been granted (subject to terms and conditions corresponding as nearly as may be with those subject to which the licence was granted) an assignment of the copyright in respect of its application to the doing, at the places and times authorised by the licence, of the acts so authorised.\n\n20 Proof of facts in copyright actions\n(1) In any action brought by virtue of this Part of this Act—\n(a) copyright shall be presumed to subsist in the work or other subject-matter to which the action relates, if the defendant does not put in issue the question whether copyright subsists therein, and\n(b) where the subsistence of the copyright is proved or admitted, or is presumed in pursuance of the preceding paragraph, the plaintiff shall be presumed to be the owner of the copyright, if he claims to be the owner of the copyright and the defendant does not put in issue the question of his ownership thereof.\n(2) Subject to the preceding subsection, where, in the case of a literary, dramatic, musical or artistic work, a name purporting to be that of the author appeared on copies of the work as published, or, in the case of an artistic work, appeared on the work when it was made, the person whose name so appeared (if it was his true name or a name by which he was commonly known) shall, in any action brought by virtue of this Part of this Act, be presumed, unless the contrary is proved,—\n(a) to be the author of the work, and\n(b) to have made the work in circumstances not falling within subsection (2), subsection (3) or subsection (4) of section four of this Act.\n(3) In the case of a work alleged to be a work of joint authorship, the last preceding subsection shall apply in relation to each person alleged to be one of the authors of the work, as if references in that subsection to the author were references to one of the authors.\n(4) Where, in an action brought by virtue of this Part of this Act with respect to a literary, dramatic, musical or artistic work, subsection (2) of this section does not apply, but it is established—\n(a) that the work was first published in the United Kingdom, or in another country to which section two, or, as the case may be, section three, of this Act extends, and was so published within the period of fifty years ending with the beginning of the calendar year in which the action was brought, and\n(b) that a name purporting to be that of the publisher appeared on copies of the work as first published,\nthen, unless the contrary is shown, copyright shall be presumed to subsist in the work and the person whose name so appeared shall be presumed to have been the owner of that copyright at the time of the publication.\nFor the purposes of this subsection a fact shall be taken to be established if it is proved or admitted, or if it is presumed in pursuance of the following provisions of this section.\n(5) Where in an action brought by virtue of this Part of this Act with respect to a literary, dramatic, musical or artistic work it is proved or admitted that the author of the work is dead,—\n(a) the work shall be presumed to be an original work unless the contrary is proved, and\n(b) if it is alleged by the plaintiff that a publication specified in the allegation was the first publication of the work, and that it took place in a country and on a date so specified, that publication shall be presumed, unless the contrary is proved, to have been the first publication of the work, and to have taken place in that country and on that date.\n(6) Paragraphs (a) and (6) of the last preceding subsection shall apply where a work has been published, and—\n(a) the publication was anonymous, or was under a name alleged by the plaintiff to have been a pseudonym, and\n(b) it is not shown that the work has ever been published under the true name of the author, or under a name by which he was commonly known, or that it is possible for a person without previous knowledge of the facts to ascertain the identity of the author by reasonable inquiry,\nas those paragraphs apply in a case where it is proved that the author is dead.\n(7) In any action brought by virtue of this Part of this Act with respect to copyright in a sound recording, if records embodying that recording or part thereof have been issued to the public, and at the time when those records were so issued they bore a label or other mark comprising any one or more of the following statements, that is to say,—\n(a) that a person named on the label or mark was the maker of the sound recording ;\n(b) that the recording was first published in a year specified on the label or mark ;\n(c) that the recording was first published in a country specified on the label or mark,\nthat label or mark shall be sufficient evidence of the facts so stated except in so far as the contrary is proved.\n\n21 Penalties and summary proceedings in respect of dealings which infringe copyright\n(1) Any person who, at a time when copyright subsists in a work,—\n(a) makes for sale or hire, or\n(b) sells or lets for hire, or by way of trade offers or exposes for sale or hire, or\n(c) by way of trade exhibits in public, or\n(d) imports into the United Kingdom, otherwise than for his private and domestic use,\nany article which he knows to be an infringing copy of the work, shall be guilty of an offence under this subsection.\n(2) Any person who, at a time when copyright subsists in a work, distributes, either—\n(a) for purposes of trade, or\n(b) for other purposes, but to such an extent as to affect prejudicially the owner of the copyright,\narticles which he knows to be infringing copies of the work, shall be guilty of an offence under this subsection.\n(3) Any person who, at a time when copyright subsists in a work, makes or has in his possession a plate, knowing that it is to be used for making infringing copies of the work, shall be guilty of an offence under this subsection.\n(4) The preceding subsections shall apply in relation to copyright subsisting in any subject-matter by virtue of Part II of this Act, as they apply in relation to copyright subsisting by virtue of Part I of this Act.\n(5) Any person who causes a literary, dramatic or musical work to be performed in public, knowing that copyright subsists in the work and that the performance constitutes an infringement of the copyright, shall be guilty of an offence under this subsection.\n(6) The preceding provisions of this section apply only in respect of acts done in the United Kingdom.\n(7) A person guilty of an offence under subsection (1) or subsection (2) of this section shall on summary conviction—\n(a) if it is his first conviction of an offence under this section, be liable to a fine not exceeding forty shillings for each article to which the offence relates;\n(b) in any other case, be liable to such a fine, or to imprisonment for a term not exceeding two months:\nProvided that a fine imposed by virtue of this subsection shall not exceed fifty pounds in respect of articles comprised in the same transaction.\n(8) A person guilty of an offence under subsection (3) or subsection (5) of this section shall on summary conviction—\n(a) if it is his first conviction of an offence under this section, be liable to a fine not exceeding fifty pounds;\n(b) in any other case, be liable to such a fine, or to imprisonment for a term not exceeding two months.\n(9) The court before which a person is charged with an offence under this section may, whether he is convicted of the offence or not, order that any article in his possession which appears to the court to be an infringing copy, or to be a plate used or intended to be used for making infringing copies, shall be destroyed or delivered up to the owner of the copyright in question or otherwise dealt with as the court may think fit.\n(10) An appeal shall lie to a court of quarter sessions from any order made under the last preceding subsection by a court of summary jurisdiction; and where such an order is made by the sheriff there shall be a like right of appeal against the order as if it were a conviction.\n\n22 Provision for restricting importation of printed copies\n(1) The owner of the copyright in any published literary, dramatic or musical work may give notice in writing to the Commissioners of Customs and Excise (in this section referred to as “the Commissioners ”)—\n(a) that he is the owner of the copyright in the work, and\n(b) that he requests the Commissioners, during a period specified in the notice, to treat as prohibited goods copies of the work to which this section applies:\nProvided that the period specified in a notice under this subsection shall not exceed five years and shall not extend beyond the end of the period for which the copyright is to subsist.\n(2) This section applies, in the case of a work, to any printed copy made outside the United Kingdom which, if it had been made in the United Kingdom, would be an infringing copy of the work.\n(3) Where a notice has been given under this section in respect of a work, and has not been withdrawn, the importation into the United Kingdom, at a time before the end of the period specified in the notice, of any copy of the work to which this section applies shall, subject to the following provisions of this section, be prohibited:\nProvided that this subsection shall not apply to the importation of any article by a person for his private and domestic use.\n(4) The Commissioners may make regulations prescribing the form in which notices are to be given under this section, and requiring a person giving such a notice, either at the time of giving the notice or at the time when the goods in question are imported, or at both those times, to furnish the Commissioners with such evidence, and to comply with such other conditions (if any), as may be specified in the regulations; and any such regulations may include such incidental and supplementary provisions as the Commissioners consider expedient for the purposes of this section.\n(5) Without prejudice to the generality of the last preceding subsection, regulations made under that subsection may include provision for requiring a person who has given a notice under subsection (1) of this section, or a notice purporting to be a notice under that subsection,—\n(a) to pay such fees in respect of the notice as may be prescribed by the regulations ;\n(b) to give to the Commissioners such security as may be so prescribed, in respect of any liability or expense which they may incur in consequence of the detention, at any time within the period specified in the notice, of any copy of the work to which the notice relates, or in consequence of anything done in relation to a copy so detained;\n(c) whether any such security is given or not, to keep the Commissioners indemnified against any such liability or expense as is mentioned in the last preceding paragraph.\n(6) For the purposes of section eleven of the Customs and Excise Act, 1952 (which relates to the disposal of duties), any fees paid in pursuance of regulations made under this section shall be treated as money collected on account of customs.\n(7) Notwithstanding anything in the Customs and Excise Act, 1952, a person shall not be liable to any penalty under that Act (other than forfeiture of the goods) by reason that any goods are treated as prohibited goods by virtue of this section.\n\nPART IVPerforming Right Tribunal\n\n23 Establishment of tribunal\n(1) There shall be established a tribunal, to be called the Performing Right Tribunal (in this Act referred to as “the tribunal”), for the purpose of exercising the jurisdiction conferred by the provisions of this Part of this Act.\n(2) The tribunal shall consist of a chairman appointed by the Lord Chancellor, who shall be a barrister, advocate or solicitor of not less than seven years' standing or a person who has held judicial office, and of not less than two nor more than four other members appointed by the Board of Trade.\n(3) A person shall be disqualified for being appointed, or being, a member of the tribunal so long as he is a member of the Commons House of Parliament, or of the Senate or House of Commons of Northern Ireland.\n(4) The provisions of the Fourth Schedule to this Act shall have effect with respect to the tribunal.\n(5) There shall be paid to the members of the tribunal such remuneration (whether by way of salaries or fees), and such allowances, as the Board of Trade, with the approval of the Treasury, may determine in the case of those members respectively.\n(6) The Board of Trade may appoint such officers and servants of the tribunal as the Board, with the approval of the Treasury as to numbers and remuneration, may determine.\n(7) The remuneration and allowances of members of the tribunal, the remuneration of any officers and servants appointed under the last preceding subsection, and such other expenses of the tribunal as the Board of Trade with the approval of the Treasury may determine; shall be paid out of moneys provided by Parliament.\n\n24 General provisions as to jurisdiction of tribunal\n(1) Subject to the provisions of this Part of this Act, the function of the tribunal shall be to determine disputes arising between licensing bodies and persons requiring licences, or organisations claiming to be representative of such persons, either—\n(a) on the reference of a licence scheme to the tribunal, or\n(b) on the application of a person requiring a licence either in accordance with a licence scheme or in a case not covered by a licence scheme.\n(2) In this Part of this Act “licence ” means a licence granted by or on behalf of the owner, or prospective owner, of the copyright in a literary, dramatic or musical work, or in a sound recording or a television broadcast, being—\n(a) in the case of a literary, dramatic or musical work, a licence to perform in public, or to broadcast, the work or an adaptation thereof, or to cause the work or an adaptation thereof to be transmitted to subscribers to a diffusion service;\n(b) in the case of a sound recording, a licence to cause it to be heard in public, or to broadcast it;\n(c) in the case of a television broadcast, a licence to cause it, in so far as it consists of visual images, to be seen in public and, in so far as it consists of sounds, to be heard in public.\n(3) In this Part of this Act“licensing body ”—\n(a) in relation to such licences as are mentioned in paragraph (a) of the last preceding subsection, means a society or other organisation which has as its main object, or one of its main objects, the negotiation or granting of such licences, either as owner or prospective owner of copyright or as agent for the owners or prospective owners thereof;\n(b) in relation to such licences as are mentioned in paragraph (b) of the last preceding subsection, means any owner or prospective owner of copyright in sound recordings, or any person or body of persons acting as agent for any owners or prospective owners of copyright in sound recordings in relation to the negotiation or granting of such licences ; and\n(c) in relation to such licences as are mentioned in paragraph (c) of the last preceding subsection, means the Corporation or the Authority or any organisation appointed by them, or either of them, in accordance with the provisions of the Fifth Schedule to this Act:\nProvided that paragraph (a) of this subsection shall not apply to an organisation by reason that its objects include the negotiation or granting of individual licences, each relating to a single work or the works of a single author, if they do not include the negotiation or granting of general licences, each extending to the works of several authors.\n(4) In this Part of this Act “licence scheme ”, in relation to licences of any description, means a scheme made by one or more licensing bodies, setting out the classes of cases in which they, or the persons on whose behalf they act, are willing to grant licences of that description, and the charges (if any), and terms and conditions, subject to which licences would be granted in those classes of cases ; and in this subsection “scheme ” includes anything in the nature of a scheme, whether described therein as a scheme or as a tariff or by any other name.\n(5) References in this Part of this Act to terms and conditions are references to any terms and conditions other than those relating to the amount of a charge for a licence; and references to giving an opportunity to a person of presenting his case are references to giving him an opportunity, at his option, of submitting representations in writing, or of being heard, or of submitting representations in writing and being heard.\n\n25 Reference of licence schemes to tribunal\n(1) Where, at any time while a licence scheme is in operation, a dispute arises with respect to the scheme between the licensing body operating the scheme and—\n(a) an organisation claiming to be representative of persons requiring licences in cases of a class to which the scheme applies, or\n(b) any person claiming that he requires a licence in a case of a class to which the scheme applies,\nthe organisation or person in question may refer the scheme to the tribunal in so far as it relates to cases of that class.\n(2) The parties to a reference under this section shall be—\n(a) the organisation or person at whose instance the reference is made;\n(b) the licensing body operating the scheme to which the reference relates; and\n(c) such other organisations or persons (if any) as apply to the tribunal to be made parties to the reference and, in accordance with the next following subsection, are made parties thereto.\n(3) Where an organisation (whether claiming to be representative of persons requiring licences or not) or a person (whether requiring a licence or not) applies to the tribunal to be made a party to a reference, and the tribunal is satisfied that the organisation or person has a substantial interest in the matter in dispute, the tribunal may, if it thinks fit, make that organisation or person a party to the reference.\n(4) The tribunal shall not entertain a reference under this section by an organisation unless the tribunal is satisfied that the organisation is reasonably representative of the class of persons which it claims to represent.\n(5) Subject to the last preceding subsection, the tribunal, on any reference under this section, shall consider the matter in dispute, and, after giving to the parties to the reference an opportunity of presenting their cases respectively, shall make such order, either confirming or varying the scheme, in so far as it relates to cases of the class to which the reference relates, as the tribunal may determine to be reasonable in the circumstances.\n(6) An order of the tribunal under this section may, notwithstanding anything contained in the licence scheme to which it relates, be made so as to be in force either indefinitely or for such period as the tribunal may determine.\n(7) Where a licence scheme has been referred to the tribunal under this section, then, notwithstanding anything contained in the scheme,—\n(a) the scheme shall remain in operation until the tribunal has made an order in pursuance of the reference, and\n(b) after such an order has been made, the scheme shall remain in operation, in so far as it relates to the class of cases in respect of which the order was made, so long as the order remains in force:\nProvided that this subsection shall not apply in relation to a reference as respects any period after the reference has been withdrawn, or has been discharged by virtue of subsection (4) of this section.\n\n26 Further reference of scheme to tribunal\n(1) Where the tribunal has made an order under the last preceding section with respect to a licence scheme, then, subject to the next following subsection, at any time while the order remains in force,—\n(a) the licensing body operating the scheme, or\n(b) any organisation claiming to be representative of persons requiring licences in cases of the class to which the order applies, or\n(c) any person claiming that he requires a licence in a case of that class,\nmay refer the scheme again to the tribunal, in so far as it relates to cases of that class.\n(2) A licence scheme shall not, except with the special leave of the tribunal, be referred again to the tribunal under the preceding subsection at a time earlier than—\n(a) the end of the period of twelve months beginning with the date on which the order in question was made, in the case of an order made so as to be in force indefinitely or for a period exceeding fifteen months, or\n(b) the beginning of the period of three months ending with the date of expiry of the order, in the case of an order made so as to be in force for fifteen months or less.\n(3) The parties to a reference under this section shall be—\n(a) the licensing body, organisation or person at whose instance the reference is made;\n(b) the licensing body operating the scheme to which the reference relates, if the reference is not made at their instance; and\n(c) such other organisations or persons (if any) as apply to the tribunal to be made parties to the reference and, in accordance with the provisions applicable in that behalf by virtue of subsection (5) of this section, are made parties thereto.\n(4) Subject to the next following subsection, the tribunal, on any reference under this section, shall consider the matter in dispute, and, after giving to the parties to the reference an opportunity of presenting their cases respectively, shall make such order in relation to the scheme as previously confirmed or varied, in so far as it relates to cases of the class in question, either by way of confirming, varying or further varying the scheme, as the tribunal may determine to be reasonable in the circumstances.\n(5) Subsections (3), (4), (6) and (7) of the last preceding section shall apply for the purposes of this section.\n(6) The preceding provisions of this section shall have effect in relation to orders made under this section as they have effect in relation to orders made under the last preceding section.\n(7) Nothing in this section shall be construed as preventing a licence scheme, in respect of which an order has been made under the last preceding section, from being again referred to the tribunal under that section, either—\n(a) at any time, in so far as the scheme relates to cases of a class to which the order does not apply, or\n(b) after the expiration of the order, in so far as the scheme relates to cases of the class to which the order applied while it was in force.\n\n27 Applications to tribunal\n(1) For the purposes of this Part of this Act a case shall be taken to be covered by a licence scheme if, in accordance with a licence scheme for the time being in operation, licences would be granted in cases of the class to which that case belongs:\nProvided that where, in accordance with the provisions of a licence scheme,—\n(a) the licences which would be so granted would be subject to terms and conditions whereby particular matters would be excepted from the licences, and\n(b) the case in question relates to one or more matters falling within such an exception,\nthat case shall be taken not to be covered by the scheme.\n(2) Any person who claims, in a case covered by a licence scheme, that the licensing body operating the scheme have refused or failed to grant him a licence in accordance with the provisions of the scheme, or to procure the grant to him of such a licence, may apply to the tribunal under this section.\n(3) Any person who claims that he requires a licence in a case not covered by a licence scheme, and either—\n(a) that a licensing body have refused or failed to grant the licence, or to procure the grant thereof, and that in the circumstances it is unreasonable that the licence should not be granted, or\n(b) that any charges, terms or conditions subject to which a licensing body propose that the licence should be granted are unreasonable,\nmay apply to the tribunal under this section.\n(4) Where an organisation (whether claiming to be representative of persons requiring licences or not) or a person (whether requiring a licence or not) applies to the tribunal to be made a party to an application under the preceding provisions of this section, and the tribunal is satisfied that the organisation or person has a substantial interest in the matter in dispute, the tribunal may, if it thinks fit, make that organisation or person a party to the application.\n(5) On any application under subsection (2) or subsection (3) of this section the tribunal shall give to the applicant and to the licensing body in question and to every other party (if any) to the application an opportunity of presenting their cases respectively; and if the tribunal is satisfied that the claim of the applicant is well-founded, the tribunal shall make an order declaring that, in respect of the matters specified in the order, the applicant is entitled to a licence on such terms and conditions, and subject to the payment of such charges (if any) as—\n(a) in the case of an application under subsection (2) of this section, the tribunal may determine to be applicable in accordance with the licence scheme, or\n(b) in the case of an application under subsection (3) of this section, the tribunal may determine to be reasonable in the circumstances.\n(6) Any reference in this section to a failure to grant or procure the grant of a licence shall be construed as a reference to a failure to grant it, or to procure the grant thereof, within a reasonable time after being requested to do so.\n\n28 Exercise of jurisdiction of tribunal in relation to diffusion of foreign broadcasts\n(1) Where, on a reference to the tribunal under this Part of this Act relating to licences to cause works to be transmitted to subscribers to a diffusion service in the United Kingdom, the tribunal is satisfied—\n(a) that the licences are required wholly or partly for the purpose of distributing programmes broadcast, from a place outside the United Kingdom, by an organisation other than the Corporation and the Authority, and\n(b) that, under the arrangements in accordance with which the programmes are broadcast by that organisation, charges are payable by or on behalf of the organisation to another body, as being the body entitled under the relevant copyright law to authorise the broadcasting of those works from that place,\nthe tribunal shall, subject to the next following subsection, exercise its powers under this Part of this Act as the tribunal may consider appropriate for securing that the persons requiring the licences are exempted from the payment of any charges for them in so far as the licences are required for the purpose of distributing those programmes.\n(2) If on such a reference as is mentioned in the last preceding subsection the tribunal is satisfied as to the matters mentioned in paragraphs (a) and (b) of that subsection, but it is shown to the satisfaction of the tribunal that the charges payable by or on behalf of the organisation, as mentioned in paragraph (b) of that subsection,—\n(a) make no allowance for the fact that, in consequence of the broadcasting of the works in question by that organisation, the persons requiring the licences may be enabled to cause those works to be transmitted to subscribers to diffusion services in the United Kingdom, or\n(b) do not adequately reflect the extent to which it is likely that those persons will cause those works to be so transmitted in consequence of their being so broadcast,\nthe last preceding subsection shall not apply, but the tribunal shall exercise its powers under this Part of this Act so as to secure that the charges payable for the licences, in so far as the licences are required for the purpose mentioned in the last preceding subsection, are on a scale not exceeding that appearing to the tribunal to be requisite for making good the deficiency (as mentioned in paragraph (a) or paragraph (b) of this subsection, as the case may be) in the charges payable by or on behalf of the organisation broadcasting the works.\n(3) The preceding provisions of this section shall have effect, with the necessary modifications, in relation to applications under this Part of this Act as they have effect in relation to references thereunder.\n(4) In this section “the relevant copyright law ”, in relation to works broadcast from a place outside the United Kingdom, means so much of the laws of the country in which that place is situated as confers rights similar to copyright under this Act or as otherwise relates to such rights; and any reference to works includes a reference to adaptations thereof.\n\n29 Effect of orders of tribunal, and supplementary provisions relating thereto\n(1) Where an order made on a reference under this Part of this Act with respect to a licence scheme is for the time being in force, any person who, in a case covered by the scheme as confirmed or varied by the order, does anything which—\n(a) apart from this subsection would be an infringement of copyright, but\n(b) would not be such an infringement if he were the holder of a licence granted in accordance with the scheme, as confirmed or varied by the order, in so far as the scheme relates to cases comprised in the order,\nshall, if he has complied with the requirements specified in the next following subsection, be in the like position, in any proceedings for infringement of that copyright, as if he had at the material time been the holder of such a licence.\n(2) The said requirements are—\n(a) that, at all material times, the said person has complied with the terms and conditions which, in accordance with the licence scheme as confirmed or varied by the order, would be applicable to a licence covering the case in question, and\n(b) if, in accordance with the scheme as so confirmed or varied, any charges are payable in respect of such a licence, that at the material time he had paid those charges to the licensing body operating the scheme, or, if at that time the amount payable could not be ascertained, he had given an undertaking to the licensing body to pay the charges when ascertained.\n(3) Where the tribunal has made an order under section twenty-seven of this Act declaring that a person is entitled to a licence in respect of any matters specified in the order, then if—\n(a) that person has complied with the terms and conditions specified in the order, and\n(b) in a case where the order requires the payment of charges, he has paid those charges to the licensing body in accordance with the order, or, if the order so provides, has given to the licensing body an undertaking to pay the charges when ascertained,\nhe shall be in the like position, in any proceedings for infringement of copyright relating to any of those matters, as if he had at all material times been the holder of a licence granted by the owner of the copyright in question on the terms and conditions specified in the order.\n(4) In the exercise of its jurisdiction in respect of licences relating to television broadcasts, the tribunal shall have regard (among other matters) to any conditions imposed by the promoters of any entertainment or other event which is to be comprised in the broadcasts; and, in particular, the tribunal shall not hold a refusal or failure to grant a licence to be unreasonable if it could not have been granted consistently with those conditions:\nProvided that nothing in this subsection shall require the tribunal to have regard to any such conditions in so far as they purport to regulate the charges to be imposed in respect of the grant of licences, or in so far as they relate to payments to be made to the promoters of any event in consideration of the grant of facilities for broadcasting.\n(5) Where, on a reference to the tribunal under this Part of this Act,—\n(a) the reference relates to licences in respect of copyright in sound recordings or in television broadcasts, and\n(b) the tribunal is satisfied that any of the licences in question are required for the purposes of organisations such as are mentioned in paragraph (b) of subsection (7) of section twelve of this Act,\nthe tribunal may, if it thinks fit, exercise its powers under this Part of this Act so as to reduce, in the case of those organisations, to such extent as the tribunal thinks fit, the charges which it determines generally to be reasonable in relation to cases of the class to which the reference relates, or, if it thinks fit, so as to exempt those organisations from the payment of any such charges.\n(6) The last preceding subsection shall have effect, with the necessary modifications, in relation to applications under this Part of this Act as it has effect in relation to references thereunder.\n(7) In relation to copyright in a literary, dramatic or musical work, any reference in this section to proceedings for infringement of copyright includes a reference to proceedings brought by virtue of subsection (5) of section twenty-one of this Act.\n\n30 Reference of questions of law to the court\n(1) Any question of law arising in the course of proceedings before the tribunal may, at the request of any party to the proceedings, be referred by the tribunal to the court for decision, whether before or after the tribunal has given its decision in the proceedings:\nProvided that a question shall not be referred to the court by virtue of this subsection in pursuance of a request made after the date on which the tribunal gave its decision, unless the request is made before the end of such period as may be prescribed by rules made under the Fourth Schedule to this Act.\n(2) If the tribunal, after giving its decision in any proceedings, refuses any such request to refer a question to the court, the party by whom the request was made may, within such period as may be prescribed by rules of court, apply to the court for an order directing the tribunal to refer the question to the court.\n(3) On any reference to the court under this section with respect to any proceedings before the tribunal, and on any application under the last preceding subsection with respect to any such proceedings, every party to the proceedings before the tribunal shall be entitled to appear and to be heard.\n(4) Where, after the tribunal has given its decision in any proceedings, the tribunal refers to the court under this section a question of law which arose in the course of the proceedings, and the court decides that the question was erroneously determined by the tribunal,—\n(a) the tribunal, if it considers it requisite to do so for the purpose of giving effect to the decision of the court, shall give to the parties to the proceedings a further opportunity of presenting their cases respectively;\n(b) in any event, the tribunal shall reconsider the matter in dispute in conformity with the decision of the court;\n(c) if on such reconsideration it appears to the tribunal to be appropriate to do so, the tribunal shall make such order revoking or modifying any order previously made by it in the proceedings, or, in the case of proceedings under section twenty-seven of this Act where the tribunal refused to make an order, shall make such order under that section, as on such reconsideration the tribunal determines to be appropriate.\n(5) Any reference of a question by the tribunal to the court under this section shall be by way of stating a case for the opinion of the court; and the decision of the court on any such reference shall be final.\n(6) In this section “the court”—\n(a) in relation to any proceedings of the tribunal in England or Wales, or in Northern Ireland, means the High Court; and\n(b) in relation to any proceedings of the tribunal in Scotland, means the Court of Session.\n\nPART VExtension or Restriction of Operation of Act\n\n31 Extension of Act to Isle of Man, Channel Islands, colonies and dependencies\n(1) Her Majesty may by Order in Council direct that any of the provisions of this Act specified in the Order (including any enactments for the time being in force amending or substituted for those provisions) shall extend, subject to such exceptions and modifications (if any) as may be specified in the Order, to—\n(a) the Isle of Man ;\n(b) any of the Channel Islands ;\n(c) any colony;\n(d) any country outside Her Majesty's dominions in which for the time being Her Majesty has jurisdiction ;\n(e) any country consisting partly of one or more colonies and partly of one or more such countries as are mentioned in the last preceding paragraph.\n(2) The powers conferred by the preceding subsection shall be exercisable in relation to any Order in Council made under the following provisions of this Part of this Act, as those powers are exercisable by virtue of that subsection in relation to the provisions of this Act.\n(3) The legislature of any country to which any provisions of this Act have been extended may modify or add to those provisions, in their operation as part of the law of that country, in such manner as that legislature may consider necessary to adapt the provisions to the circumstances of that country:\nProvided that no such modifications or additions, except in so far as they relate to procedure and remedies, shall be made so as to apply to any work or other subject-matter in which copyright can subsist unless—\n(a) in the case of a literary, dramatic, musical or artistic work, the author of the work, or, in the case of a sound recording or a cinematograph film, the maker of the recording or film, was domiciled or resident in that country at the time when, or during the period while, the work, recording or film was made, or\n(b) in the case of a published edition of a literary, dramatic or musical work, the publisher of the edition was domiciled or resident in that country at the date of its first publication, or\n(c) in the case of a literary, dramatic, musical or artistic work, or of a sound recording or a cinematograph film or a published edition, it was first published in that country, or\n(d) in the case of a television broadcast or sound broadcast, it was made from a place in that country.\n(4) For the purposes of any proceedings under this Act in the United Kingdom, where the proceedings relate to an act done in a country to which any provisions of this Act extend subject to exceptions, modifications or additions,—\n(a) the procedure applicable to the proceedings, including the time within which they may be brought, and the remedies available therein, shall be in accordance with this Act in its operation as part of the law of the United Kingdom; but\n(b) if the act in question does not constitute an infringement of copyright under this Act in its operation as part of the law of the country where the act was done, it shall (notwithstanding anything in this Act) be treated as not constituting an infringement of copyright under this Act in its operation as part of the law of the United Kingdom.\n\n32 Application of Act to countries to which it does not extend\n(1) Her Majesty may by Order in Council make provision for applying any of the provisions of this Act specified in the Order, in the case of a country to which those provisions do not extend, in any one or more of the following ways, that is to say, so as to secure that those provisions—\n(a) apply in relation to literary, dramatic, musical or artistic works, sound recordings, cinematograph films or editions first published in that country as they apply in relation to literary, dramatic, musical or artistic works, sound recordings, cinematograph films or editions first published in the United Kingdom;\n(b) apply in relation to persons who, at a material time, are citizens or subjects of that country as they apply in relation to persons who, at such a time, are British subjects;\n(c) apply in relation to persons who, at a material time, are domiciled or resident in that country as they apply in relation to persons who, at such a time, are domiciled or resident in the United Kingdom;\n(d) apply in relation to bodies incorporated under the laws of that country as they apply in relation to bodies incorporated under the laws of any part of the United Kingdom;\n(e) apply in relation to television broadcasts and sound broadcasts made from places in that country, by one or more organisations constituted in, or under the laws of, that country, as they apply in relation to television broadcasts and sound broadcasts made from places in the United Kingdom by the Corporation or the Authority.\n(2) An Order in Council under this section—\n(a) may apply the provisions in question as mentioned in the preceding subsection, but subject to exceptions or modifications specified in the Order;\n(b) may direct that the provisions in question shall so apply either generally or in relation to such classes of works, or other classes of cases, as may be specified in the Order.\n(3) Her Majesty shall not make an Order in Council under this section applying any of the provisions of this Act in the case of a country, other than a country which is a party to a Convention relating to copyright to which the United Kingdom is also a party, unless Her Majesty is satisfied that, in respect of the class of works or other subject-matter to which those provisions relate, provision has been or will be made under the laws of that country whereby adequate protection will be given to owners of copyright under this Act.\n\n33 Provisions as to international organisations\n(1) Where it appears to Her Majesty that one or more sovereign Powers, or the government or governments thereof, are members of an organisation, and that it is expedient that the provisions of this section should apply to that organisation, Her Majesty may by Order in Council declare that the organisation is one to which this section applies.\n(2) Where an original literary, dramatic, musical or artistic work is made by or under the direction or control of an organisation to which this section applies in such circumstances that—\n(a) copyright would not subsist in the work apart from this subsection, but\n(b) if the author of the work had been a British subject at the time when it was made, copyright would have subsisted in the work immediately after it was made and would thereupon have vested in the organisation,\ncopyright shall subsist in the work as if the author had been a British subject when it was made, that copyright shall continue to subsist so long as the work remains unpublished, and the organisation shall, subject to the provisions of this Act, be entitled to that copyright.\n(3) Where an original literary, dramatic, musical or artistic work is first published by or under the direction or control of an organisation to which this section applies, in such circumstances that, apart from this subsection, copyright does not subsist in the work immediately after the first publication thereof, and either—\n(a) the work is so published in pursuance of an agreement with the author which does not reserve to the author the copyright (if any) in the work, or\n(b) the work was made in such circumstances that, if it had been first published in the United Kingdom, the organisation would have been entitled to the copyright in the work,\ncopyright shall subsist in the work (or, if copyright in the work subsisted immediately before its first publication, shall continue to subsist) as if it had been first published in the United Kingdom, that copyright shall subsist until the end of the period of fifty years from the end of the calendar year in which the work was first published, and the organisation shall, subject to the provisions of Part VI of this Act, be entitled to that copyright.\n(4) The provisions of Part I of this Act, with the exception of provisions thereof relating to the subsistence, duration or ownership of copyright, shall apply in relation to copyright subsisting by virtue of this section as they apply in relation to copyright subsisting by virtue of the said Part I.\n(5) An organisation to which this section applies which otherwise has not, or at some material time otherwise had not, the legal capacities of a body corporate shall have, and shall be deemed at all material times to have had, the legal capacities of a body corporate for the purpose of holding, dealing with and enforcing copyright and in connection with all legal proceedings relating to copyright.\n\n34 Extended application of provisions relating to broadcasts\nHer Majesty may by Order in Council provide that, subject to such exceptions and modifications (if any) as may be specified in the Order, such provisions of this Act relating to television broadcasts or to sound broadcasts as may be so specified shall apply in relation to the operation of wireless telegraphy apparatus by way of the emission (as opposed to reception) of electro-magnetic energy—\n(a) by such persons or classes of persons, other than the Corporation and the Authority, as may be specified in the Order, and\n(b) for such purposes (whether involving broadcasting or not) as may be so specified,\nas they apply in relation to television broadcasts, or, as the case may be, to sound broadcasts, made by the Corporation and the Authority.\n\n35 Denial of copyright to citizens of countries not giving: adequate protection to British works\n(1) If it appears to Her Majesty that the laws of a country fail to give adequate protection to British works to which this section applies, or fail to give such protection in the case of one or more classes of such works (whether the lack of protection relates to the nature of the work or the country of its author or both), Her Majesty may make an Order in Council designating that country and making such provision in relation thereto as is mentioned in the following provisions of this section.\n(2) An Order in Council under this section shall provide that, either generally or in such classes of cases as are specified in the Order, copyright under this Act shall not subsist in works to which this section applies which were first published after a date specified in the Order, if at the time of their first publication the authors thereof were—\n(a) citizens or subjects of the country designated by the Order, not being at that time persons domiciled or resident in the United Kingdom or in another country to which the relevant provision of this Act extends, or\n(b) bodies incorporated under the laws of the country designated by the Order.\n(3) In making an Order in Council under this section Her Majesty shall have regard to the nature and extent of the lack of protection for British works in consequence of which the Order is made.\n(4) This section applies to the following works, that is to say, literary, dramatic, musical and artistic works, sound recordings and cinematograph films.\n(5) In this section—\n  * “British work ” means a work of which the author, at the time when the work was made, was a qualified person for the purposes of the relevant provision of this Act;\n  * “author ”, in relation to a sound recording or a cinematograph film, means the maker of the recording or film;\n  * “the relevant provision of this Act ”, in relation to literary, dramatic and musical works means section two, in relation to artistic works means section three, in relation to sound recordings means section twelve, and in relation to cinematograph films means section thirteen, of this Act.\n\nPART VIMiscellaneous and Supplementary Provisions\n\n36 Assignments and licences in respect of copyright\n(1) Subject to the provisions of this section, copyright shall be transmissible by assignment, by testamentary disposition, or by operation of law, as personal or moveable property.\n(2) An assignment of copyright may be limited in any of the following ways, or in any combination of two or more of those ways, that is to say,—\n(a) so as to apply to one or more, but not all, of the classes of acts which by virtue of this Act the owner of the copyright has the exclusive right to do (including any one or more classes of acts not separately designated in this Act as being restricted by the copyright, but falling within any of the classes of acts so designated);\n(b) so as to apply to any one or more, but not all, of the countries in relation to which the owner of the copyright has by virtue of this Act that exclusive right;\n(c) so as to apply to part, but not the whole, of the period for which the copyright is to subsist;\nand references in this Act to a partial assignment are references to an assignment so limited.\n(3) No assignment of copyright (whether total or partial) shall have effect unless it is in writing signed by or on behalf of the assignor.\n(4) A licence granted in respect of any copyright by the person who, in relation to the matters to which the licence relates, is the owner of the copyright shall be binding upon every successor in title to his interest in the copyright, except a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence or a person deriving title from such a purchaser; and references in this Act, in relation to any copyright, to the doing of anything with, or (as the case may be) without, the licence of the owner of the copyright shall be construed accordingly.\n\n37 Prospective ownership of copyright\n(1) Where by an agreement made in relation to any future copyright, and signed by or on behalf of the prospective owner of the copyright, the prospective owner purports to assign the future copyright (wholly or partially) to another person (in this subsection referred to as “the assignee ”), then if, on the coming into existence of the copyright, the assignee or a person claiming under him would, apart from this subsection, be entitled as against all other persons to require the copyright to be vested in him (wholly or partially, as the case may be), the copyright shall, on its coming into existence, vest in the assignee or his successor in title accordingly by virtue of this subsection and without further assurance.\n(2) Where, at the time when any copyright comes into existence, the person who, if he were then living, would be entitled to the copyright is dead, the copyright shall devolve as if it had subsisted immediately before his death and he had then been the owner of the copyright.\n(3) Subsection (4) of the last preceding section shall apply in relation to a licence granted by a prospective owner of any copyright as it applies in relation to a licence granted by the owner of a subsisting copyright, as if any reference in that subsection to the owner's interest in the copyright included a reference to his prospective interest therein.\n(4) The provisions of the Fifth Schedule to this Act shall have effect with respect to assignments and licences in respect of copyright (including future copyright) in television broadcasts.\n(5) In this Act “future copyright” means copyright which will or may come into existence in respect of any future work or class of works or other subject-matter, or on the coming into operation of any provisions of this Act, or in any other future event, and “prospective owner ” shall be construed accordingly and, in relation to any such copyright, includes a person prospectively entitled thereto by virtue of such an agreement as is mentioned in subsection (1) of this section.\n\n38 Copyright to pass under will with unpublished work\nWhere under a bequest (whether specific or general) a person is entitled, beneficially or otherwise, to the manuscript of a literary, dramatic or musical work, or to an artistic work, and the work was not published before the death of the testator, the bequest shall, unless a contrary intention is indicated in the testator's will or a codicil thereto, be construed as including the copyright in the work in so far as the testator was the owner of the copyright immediately before his death.\n\n39 Provisions as to Crown and Government departments\n(1) In the case of every original literary, dramatic, musical or artistic work made by or under the direction or control of Her Majesty or a Government department,—\n(a) if apart from this section copyright would not subsist in the work, copyright shall subsist therein by virtue of this subsection, and\n(b) in any case, Her Majesty shall, subject to the provisions of this Part of this Act, be entitled to the copyright in the work.\n(2) Her Majesty shall, subject to the provisions of this Part of this Act, be entitled—\n(a) to the copyright in every original literary, dramatic or musical work first published in the United Kingdom, or in another country to which section two of this Act extends, if first published by or under the direction or control of Her Majesty or a Government department;\n(b) to the copyright in every original artistic work first published in the United Kingdom, or in another country to which section three of this Act extends, if first published by or under such direction or control.\n(3) Copyright in a literary, dramatic or musical work, to which Her Majesty is entitled in accordance with either of the preceding subsections,—\n(a) where the work is unpublished, shall continue to subsist so long as the work remains unpublished, and\n(b) where the work is published, shall subsist (or, if copyright in the work subsisted immediately before its first publication, shall continue to subsist) until the end of the period of fifty years from the end of the calendar year in which the work was first published, and shall then expire.\n(4) Copyright in an artistic work to which Her Majesty is entitled in accordance with the preceding provisions of this section shall continue to subsist until the end of the period of fifty years from the end of the calendar year in which the work was made, and shall then expire :\nProvided that where the work in question is an engraving or a photograph, the copyright shall continue to subsist until the end of the period of fifty years from the end of the calendar year in which the engraving or photograph is first published.\n(5) In the case of every sound recording or cinematograph film made by or under the direction or control of Her Majesty or a Government department,—\n(a) if apart from this section copyright would not subsist in the recording or film, copyright shall subsist therein by virtue of this subsection, and\n(b) in any case, Her Majesty shall, subject to the provisions of this Part of this Act, be entitled to the copyright in the recording or film, and it shall subsist for the same period as if it were copyright subsisting by virtue of, and owned in accordance with, section twelve or, as the case may be, section thirteen of this Act.\n(6) The preceding provisions of this section shall have effect subject to any agreement made by or on behalf of Her Majesty or a Government department with the author of the work, or the maker of the sound recording or cinematograph film, as the case may be, whereby it is agreed that the copyright in the work, recording or film shall vest in the author or maker, or in another person designated in the agreement in that behalf.\n(7) In relation to copyright subsisting by virtue of this section—\n(a) in the case of a literary, dramatic, musical or artistic work, the provisions of Part I of this Act, with the exception of provisions thereof relating to the subsistence, duration or ownership of copyright, and\n(b) in the case of a sound recording or cinematograph film, the provisions of Part II of this Act, with the exception of provisions thereof relating to the subsistence or ownership of copyright,\nshall apply as those provisions apply in relation to copyright subsisting by virtue of Part I or, as the case may be, Part II of this Act.\n(8) For the avoidance of doubt, it is hereby declared that the provisions of section three of the Crown Proceedings Act, 1947 (which relates to infringements of industrial property by servants or agents of the Crown) apply to copyright under this Act.\n(9) In this section “Government department” means any department of Her Majesty's Government in the United Kingdom or of the Government of Northern Ireland, or any department or agency of the Government of any other country to which this section extends.\n\n40 Broadcasts of sound recordings and cinematograph films, and diffusion of broadcast programmes\n(1) Where a sound broadcast or television broadcast is made by the Corporation or the Authority, and a person, by the reception of that broadcast, causes a sound recording to be heard in public, he does not thereby infringe the copyright (if any) in that recording under section twelve of this Act.\n(2) Where a television broadcast or sound broadcast is made by the Corporation or the Authority, and the broadcast is an authorised broadcast, any person who, by the reception of the broadcast, causes a cinematograph film to be seen or heard in public shall be in the like position, in any proceedings for infringement of the copyright (if any) in the film under section thirteen of this Act, as if he had been the holder of a licence granted by the owner of that copyright to cause the film to be seen or heard in public by the reception of the broadcast.\n(3) Where a television broadcast or sound broadcast is made by the Corporation or the Authority, and the broadcast is an authorised broadcast, any person who, by the reception of the broadcast, causes a programme to be transmitted to subscribers to a diffusion service, being a programme comprising a literary, dramatic or musical work, or an adaptation of such a work, or an artistic work, or a cinematograph film, shall be in the like position, in any proceedings for infringement of the copyright (if any) in the work or film, as if he had been the holder of a licence granted by the owner of that copyright to include the work, adaptation or film in any programme caused to be transmitted by him to subscribers to that service by the reception of the broadcast.\n(4) If, in the circumstances mentioned in either of the two last preceding subsections, the person causing the cinematograph film to be seen or heard, or the programme to be transmitted, as the case may be, infringed the copyright in question, by reason that the broadcast was not an authorised broadcast,—\n(a) no proceedings shall be brought against that person under this Act in respect of his infringement of that copyright, but\n(b) it shall be taken into account in assessing damages in any proceedings against the Corporation or the Authority, as the case may be, in respect of that copyright, in so far as that copyright was infringed by them in making the broadcast.\n(5) For the purposes of this section, a broadcast shall be taken, in relation to a work or cinematograph film, to be an authorised broadcast if, but only if, it is made by, or with the licence of, the owner of the copyright in the work or film.\n\n41 Use of copyright material for education\n(1) Where copyright subsists in a literary, dramatic, musical or artistic work, the copyright shall not be taken to be infringed by reason only that the work is reproduced, or an adaptation of the work is made or reproduced,—\n(a) in the course of instruction, whether at a school or elsewhere, where the reproduction or adaptation is made by a teacher or pupil otherwise than by the use of a duplicating process, or\n(b) as part of the questions to be answered in an examination, or in an answer to such a question.\n(2) Nothing in the preceding subsection shall apply to the publication of a work or of an adaptation of a work; and, for the purposes of section five of this Act, the fact that to a person's knowledge the making of an article would have constituted an infringement of copyright but for the preceding subsection shall have the like effect as if, to his knowledge, the making of it had constituted such an infringement.\n(3) For the avoidance of doubt it is hereby declared that, where a literary, dramatic or musical work—\n(a) is performed in class, or otherwise in the presence of an audience, and\n(b) is so performed in the course of the activities of a school, by a person who is a teacher in, or a pupil in attendance at, the school,\nthe performance shall not be taken for the purposes of this Act to be a performance in public if the audience is limited to persons who are teachers in, or pupils in attendance at, the school, or are otherwise directly connected with the activities of the school.\n(4) For the purposes of the last preceding subsection a person shall not be taken to be directly connected with the activities of a school by reason only that he is a parent or guardian of a pupil in attendance at the school.\n(5) The two last preceding subsections shall apply in relation to sound recordings, cinematograph films and television broadcasts as they apply in relation to literary, dramatic and musical works, as if any reference to performance were a reference to the act of causing the sounds or visual images in question to be heard or seen.\n(6) Nothing in this section shall be construed—\n(a) as extending the operation of any provision of this Act as to the acts restricted by copyright of any description, or\n(b) as derogating from the operation of any exemption conferred by any provision of this Act other than this section.\n(7) In this section “school ”—\n(a) in relation to England and Wales, has the same meaning as in the Education Act, 1944 ;\n(b) in relation to Scotland, has the same meaning as in the Education (Scotland) Act, 1946, except that it includes an approved school within the meaning of the Children and Young Persons (Scotland) Act, 1937; and\n(c) in relation to Northern Ireland, has the same meaning as in the Education Act (Northern Ireland), 1947;\nand “duplicating process ” means any process involving the use of an appliance for producing multiple copies.\n\n42 Special provisions as to public records\n(1) Where any work in which copyright subsists, or a reproduction of any such work, is comprised in—\n(a) any records belonging to Her Majesty which are under the charge and superintendence of the Master of the Rolls by virtue of an Order in Council under section two of the Public Record Office Act, 1838, and are open to public inspection in accordance with rules made under that Act, or\n(b) any public records to which the Public Records Act (Northern Ireland), 1923, applies, being records which are open to public inspection in accordance with rules made under that Act,\nthe copyright in the work is not infringed by the making, or the supplying to any person, of any reproduction of the work by or under the direction of any officer appointed under the said Act of 1838 or the said Act of 1923, as the case may be.\n(2) In the preceding subsection “records ”—\n(a) in paragraph (a) of that subsection has the same meaning as in the Public Record Office Act, 1838 ;\n(b) in paragraph (b) of that subsection has the same meaning as in the Public Records Act (Northern Ireland), 1923.\n(3) Any reference in this section to the Public Records Act (Northern Ireland), 1923, shall be construed as including a reference to that Act as for the time being amended or re-enacted (with or without modifications) by any enactment of the Parliament of Northern Ireland.\n\n43 False attribution of authorship\n(1) The restrictions imposed by this section shall have effect in relation to literary, dramatic, musical or artistic works; and any reference in this section to a work shall be construed as a reference to such a work.\n(2) A person (in this subsection referred to as “the offender ”) contravenes those restrictions as respects another person if, without the licence of that other person, he does any of the following acts in the United Kingdom, that is to say, he—\n(a) inserts or affixes that other person's name in or on a work of which that person is not the author, or in or on a reproduction of such a work, in such a way as to imply that the other person is the author of the work, or\n(b) publishes, or sells or lets for hire, or by way of trade offers or exposes for sale or hire, or by way of trade exhibits in public, a work in or on which the other person's name has been so inserted or affixed, if to the offender's knowledge that person is not the author of the work, or\n(c) does any of the acts mentioned in the last preceding paragraph in relation to, or distributes, reproductions of a work, being reproductions in or on which the other person's name has been so inserted or affixed, if to the offender's knowledge that person is not the author of the work, or\n(d) performs in public, or broadcasts, a work of which the other person is not the author, as being a work of which he is the author, if to the offender's knowledge that person is not the author of the work.\n(3) The last preceding subsection shall apply where, contrary to the fact, a work is represented as being an adaptation of the work of another person as it applies where a work is so represented as being the work of another person.\n(4) In the case of an artistic work which has been altered after the author parted with the possession of it, the said restrictions are contravened, in relation to the author, by a person who in the United Kingdom, without the licence of the author,—\n(a) publishes, sells or lets for hire, or by way of trade offers or exposes for sale or hire the work as so altered, as being the unaltered work of the author, or\n(b) publishes, sells or lets for hire, or by way of trade offers or exposes for sale or hire a reproduction of the work as so altered, as being a reproduction of the unaltered work of the author,\nif to his knowledge it is not the unaltered work, or, as the case may be, a reproduction of the unaltered work, of the author.\n(5) The three last preceding subsections shall apply with respect to anything done in relation to another person after that person's death, as if any reference to that person's licence were a reference to a licence given by him or by his personal representatives:\nProvided that nothing in those subsections shall apply to anything done in relation to a person more than twenty years after that person's death.\n(6) In the case of an artistic work in which copyright subsists, the said restrictions are also contravened, in relation to the author of the work, by a person who in the United Kingdom—\n(a) publishes, or sells or lets for hire, or by way of trade offers or exposes for sale or hire, or by way of trade exhibits in public, a reproduction of the work, as being a reproduction made by the author of the work, or\n(b) distributes reproductions of the work as being reproductions made by the author of the work,\nif (in any such case) the reproduction or reproductions was or were to his knowledge not made by the author.\n(7) The preceding provisions of this section shall apply (with the necessary modifications) with respect to acts done in relation to two or more persons in connection with the same work.\n(8) The restrictions imposed by this section shall not be enforceable by any criminal proceedings; but any contravention of those restrictions, in relation to a person, shall be actionable at his suit, or, if he is dead, at the suit of his personal representatives, as a breach of statutory duty.\n(9) Any damages recovered under this section by personal representatives, in respect of a contravention committed in relation to a person after his death, shall devolve as part of his estate, as if the right of action had subsisted and had been vested in him immediately before his death.\n(10) Nothing in this section shall derogate from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than by virtue of this section:\nProvided that this subsection shall not be construed as requiring any damages recovered by virtue of this section to be disregarded in assessing damages in any proceedings instituted otherwise than by virtue of this section and arising out of the same transaction.\n(11) In this section “name ” includes initials or a monogram.\n\n44 Amendments of Registered Designs Act, 1949\n(1) In section six of the Registered Designs Act, 1949, (under which the disclosure of a design in certain circumstances is not to be a reason, for refusing registration), the following subsections shall be inserted after subsection (3):—\n“(4)Where copyright under the Copyright Act, 1956, subsists in an artistic work, and an application is made by, or with the consent of, the owner of that copyright for the registration of a corresponding design, that design shall not be treated for the purposes of this Act as being other than new or original by reason only of any use previously made of the artistic work, unless—\n(a) the previous use consisted of or included the sale, letting for hire, or offer for sale or hire of articles to which the design in question (or a design differing from it only as mentioned in subsection (2) of section one of this Act) had been applied industrially, other than articles of a description specified in rules made under subsection (4) of section one of this Act, and\n(b) that previous use was made by, or with the consent of, the owner of the copyright in the artistic work.\n(5) Any rules made by virtue of subsection (5) of section ten of the Copyright Act, 1956 (which relates to rules for determining the circumstances in which a design is to be taken to be applied industrially) shall apply for the purposes of the last foregoing subsection.”\n(2) The following subsection shall be added at the end of section eight of the said Act of 1949 (which relates to the period of copyright in registered designs):—\n“(3)Where in the case of a registered design it is shown—\n(a) that the design, at the time when it was registered, was a corresponding design in relation to an artistic work in which copyright subsisted under the Copyright Act, 1956 ;\n(b) that, by reason of a previous use of that artistic work, the design would not have been registrable under this Act but for subsection (4) of section six of this Act; and\n(c) that the copyright in that work under the Copyright Act, 1956, expired before the date of expiry of the copyright in the design,\nthe copyright in the design shall, notwithstanding anything in this section, be deemed to have expired at the same time as the copyright in the artistic work, and shall not be renewable after that time.”\n(3) In section eleven of the said Act of 1949 (which relates to cancellation of the registration of designs), the following subsection shall be inserted after subsection (2):—\n“(2A)At any time after a design has been registered, any person interested may apply to the registrar for the cancellation of the registration of the design on the grounds—\n(a) that the design, at the time when it was registered, was a corresponding design in relation to an artistic work in which copyright subsisted under the Copyright Act, 1956;\n(b) that, by reason of a previous use of that artistic work, the design would not have been registrable under this Act but for subsection (4) of section six of this Act; and\n(c) that the copyright in that work under the Copyright Act, 1956, has expired ;\nand the registrar may make such order on the application as he thinks fit.”\n(4) In subsection (3) of the said section eleven, for the words “the last foregoing subsection ” there shall be substituted the words “either of the two last foregoing subsections ”.\n(5) In subsection (1) of section forty-four of the said Act of 1949 (which relates to the interpretation of that Act)—\n(a) after the definition of “article ” there shall be inserted the words \" ' artistic work ' has the same meaning as in the Copyright Act, 1956 \"; and\n(b) after the definition of “copyright” there shall be inserted the words \" ' corresponding design ' has the same meaning as in section ten of the Copyright Act, 1956 \".\n\n45 Amendment of Dramatic and Musical Performers' Protection Act, 1925\nIn the Dramatic and Musical Performers' Protection Act, 1925,—\n(a) after section one there shall be inserted the two sections set out in Part I of the Sixth Schedule to this Act; and\n(b) after section three there shall be inserted the two sections set out in Part II of that Schedule;\nand the provisions of that Act specified in Part III of that Schedule shall have effect subject to the amendments set out in relation thereto in the second column of the said Part III (being minor amendments of that Act and amendments consequential upon the insertion therein of the sections referred to in paragraphs (a) and (b) of this section).\n\n46 Savings\n(1) Any rights conferred on universities and colleges by the Copyright Act, 1775, which continued to subsist in accordance with section thirty-three of the Copyright Act, 1911, notwithstanding the repeal of the said Act of 1775, shall continue to subsist in accordance with the said Act of 1775 notwithstanding any repeal effected by this Act:\nProvided that no proceedings shall be brought under the Copyright Act, 1775, but the provisions of Part III of this Act shall apply for the enforcement of those rights as if they were copyright subsisting by virtue of this Act.\n(2) Nothing in this Act shall affect any right or privilege of the Crown subsisting otherwise than by virtue of an enactment; and nothing in this Act shall affect any right or privilege of the Crown or of any other person under any enactment (including any enactment of the Parliament of Northern Ireland), except in so far as that enactment is expressly repealed, amended or modified by this Act.\n(3) Nothing in this Act shall affect the right of the Crown or of any person deriving title from the Crown to sell, use or otherwise deal with articles forfeited under the laws relating to customs or excise, including any article so forfeited by virtue of this Act or of any enactment repealed by this Act.\n(4) Nothing in this Act shall affect the operation of any rule of equity relating to breaches of trust or confidence.\n(5) Subject to the preceding provisions of this section, no copyright, or right in the nature of copyright, shall subsist otherwise than by virtue of this Act or of some other enactment in that behalf.\n\n47 General provisions as to Orders in Council, regulations, rules and orders, and as to Board of Trade\n(1) Any power to make regulations, rules or orders under this Act shall be exercisable by statutory instrument.\n(2) Any statutory instrument containing—\n(a) any Order in Council or regulations made under this Act, or\n(b) any rules made by the Lord Chancellor under the Fourth Schedule to this Act,\nshall be subject to annulment in pursuance of a resolution of either House of Parliament.\n(3) Any Order in Council, or other order, made under any of the preceding provisions of this Act may be varied or revoked by a subsequent Order in Council or order made thereunder.\n(4) Where a power to make regulations or rules is conferred by any provision of this Act, regulations or rules under that power may be made either as respects all, or as respects any one or more, of the matters to which the provision relates; and different provision may be made by any such regulations or rules as respects different classes of cases to which the regulations or rules apply.\n(5) Anything required or authorised by or under this Act to be done by, to or before the Board of Trade may be done by, to or before the President of the Board of Trade, any Minister of State with duties concerning the affairs of the Board, any secretary, under-secretary or assistant secretary of the Board, or any person authorised in that behalf by the President.\n(6) In this section “order ” does not include an order of a court or of the tribunal.\n\n48 Interpretation\n(1) In this Act, except in so far as the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—\n  * “adaptation ”, in relation to a literary, dramatic or musical work, has the meaning assigned to it by section two of this Act;\n  * “artistic work ” has the meaning assigned to it by section three of this Act;\n  * “assignment ”, in relation to Scotland, means an assignation ;\n  * “building ” includes any structure ;\n  * “cinematograph film ” has the meaning assigned to it by section thirteen of this Act;\n  * “construction ” includes erection, and references to reconstruction shall be construed accordingly;\n  * “the Corporation ” and “the Authority ” have the meanings assigned to them by section fourteen of this Act;\n  * “country ” includes any territory;\n  * “dramatic work ” includes a choreographic work or entertainment in dumb show if reduced to writing in the form in which the work or entertainment is to be presented, but does not include a cinematograph film, as distinct from a scenario or script for a cinematograph film;\n  * “drawing ” includes any diagram, map, chart or plan;\n  * “engraving ” includes any etching, lithograph, woodcut, print or similar work, not being a photograph;\n  * “future copyright ” and “prospective owner ” have the meanings assigned to them by section thirty-seven of this Act;\n  * “judicial proceeding ” means a proceeding before any court, tribunal or person having by law power to hear, receive and examine evidence on oath ;\n  * “literary work ” includes any written table or compilation;\n  * “manuscript ”, in relation to a work, means the original document embodying the work, whether written by hand or not;\n  * “performance ” includes delivery, in relation to lectures, addresses, speeches and sermons, and in general, subject to the provisions of subsection (5) of this section, includes any mode of visual or acoustic presentation, including any such presentation by the operation of wireless telegraphy apparatus, or by the exhibition of a cinematograph film, or by the use of a record, or by any other means, and references to performing a work or an adaptation of a work shall be construed accordingly;\n  * “photograph ” means any product of photography or of any process akin to photography, other than a part of a cinematograph film, and “author ”, in relation to a photograph, means the person who, at the time when the photograph is taken, is the owner of the material on which it is taken ;\n  * “qualified person ” has the meaning assigned to it by section one of this Act;\n  * “record ” means any disc, tape, perforated roll or other device in which sounds are embodied so as to be capable (with or without the aid of some other instrument) of being automatically reproduced therefrom, and references to a record of a work or other subject-matter are references to a record (as herein defined) by means of which it can be performed;\n  * “reproduction ”, in the case of a literary, dramatic or musical work, includes a reproduction in the form of a record or of a cinematograph film, and, in the case of an artistic work, includes a version produced by converting the work into a three-dimensional form, or, if it is in three dimensions, by converting it into a two-dimensional form, and references to reproducing a work shall be construed accordingly;\n  * “sculpture ” includes any cast or model made for purposes of sculpture;\n  * “sound recording ” has the meaning assigned to it by section twelve of this Act;\n  * “sufficient acknowledgment ” has the meaning assigned to it by section six of this Act;\n  * “television broadcast ” and “sound broadcast ” have the meanings assigned to them by section fourteen of this Act;\n  * “wireless telegraphy apparatus ” has the same meaning as in the Wireless Telegraphy Act, 1949 ;\n  * “work of joint authorship ” has the meaning assigned to it by section eleven of this Act;\n  * “writing ” includes any form of notation, whether by hand or by printing, typewriting or any similar process.\n(2) References in this Act to broadcasting are references to broadcasting by wireless telegraphy (within the meaning of the Wireless Telegraphy Act, 1949), whether by way of sound broadcasting or of television.\n(3) References in this Act to the transmission of a work or other subject-matter to subscribers to a diffusion service are references to the transmission thereof in the course of a service of distributing broadcast programmes, or other programmes (whether provided by the person operating the service or other persons), over wires, or other paths provided by a material substance, to the premises of subscribers to the service; and for the purposes of this Act, where a work or other subject-matter is so transmitted,—\n(a) the person operating the service (that is to say, the person who, in the agreements with subscribers to the service, undertakes to provide them with the service, whether he is the person who transmits the programmes or not) shall be taken to be the person causing the work or other subject-matter to be so transmitted, and\n(b) no person, other than the person operating the service, shall be taken to be causing it to be so transmitted, notwithstanding that he provides any facilities for the transmission of the programmes:\nProvided that, for the purposes of this subsection, and of references to which this subsection applies, no account shall be taken of a service of distributing broadcast or other programmes, where the service is only incidental to a business of keeping or letting premises where persons reside or sleep, and is operated as part of the amenities provided exclusively or mainly for residents or inmates therein.\n(4) References in this Act to the doing of any act by the reception of a television broadcast or sound broadcast made by the Corporation or the Authority are references to the doing of that act by means of receiving the broadcast either—\n(a) from the transmission whereby the broadcast is made by the Corporation or the Authority, as the case may be, or\n(b) from a transmission made by the Corporation or the Authority, as the case may be, otherwise than by way of broadcasting, but simultaneously with the transmission mentioned in the preceding paragraph,\nwhether (in either case) the reception of the broadcast is directly from the transmission in question or from a re-transmission thereof made by any person from any place, whether in the United Kingdom or elsewhere; and in this subsection “re-transmission ” means any re-transmission, whether over paths provided by a material substance or not, including any re-transmission made by making use of any record, print, negative, tape or other article on which the broadcast in question has been recorded.\n(5) For the purposes of this Act, broadcasting, or the causing of a work or other subject-matter to be transmitted to subscribers to a diffusion service, shall not be taken to constitute performance, or to constitute causing visual images or sounds to be seen or heard; and where visual images or sounds are displayed or emitted by any receiving apparatus, to which they are conveyed by the transmission of electromagnetic signals (whether over paths provided by a material substance or not),—\n(a) the operation of any apparatus whereby the signals are transmitted, directly or indirectly, to the receiving apparatus shall not be taken to constitute performance or to constitute causing the visual images or sounds to be seen or heard ; but\n(b) in so far as the display or emission of the images or sounds constitutes a performance, or causes them to be seen or heard, the performance, or the causing of the images or sounds to be seen or heard, as the case may be, shall be taken to be effected by the operation of the receiving apparatus.\n(6) Without prejudice to the last preceding subsection, where a work or an adaptation of a work is performed, or visual images or sounds are caused to be seen or heard, by the operation of any apparatus to which this subsection applies, being apparatus provided by or with the consent of the occupier of the premises where the apparatus is situated, the occupier of those premises shall, for the purposes of this Act, be taken to be the person giving the performance, or causing the images or sounds to be seen or heard, whether he is the person operating the apparatus or not.\nThis subsection applies to any such receiving apparatus as is mentioned in the last preceding subsection, and to any apparatus for reproducing sounds by the use of a record.\n(7) Except in so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended or extended by or under any other enactment.\n\n49 Supplementary provisions as to interpretation\n(1) Except in so far as the context otherwise requires, any reference in this Act to the doing of an act in relation to a work or other subject-matter shall be taken to include a reference to the doing of that act in relation to a substantial part thereof, and any reference to a reproduction, adaptation or copy of a work, or a record embodying a sound recording, shall be taken to include a reference to a reproduction, adaptation or copy of a substantial part of the work, or a record embodying a substantial part of the sound recording, as the case may be:\nProvided that, for the purposes of the following provisions of this Act, namely subsections (1) and (2) of section two, subsections (2) and (3) of section three, subsections (2) and (3) of section thirty-three, section thirty-eight, and subsections (2) to (4) of section thirty-nine, this subsection shall not affect the construction of any reference to the publication, or absence of publication, of a work.\n(2) With regard to publication, the provisions of this subsection shall have effect for the purposes of this Act, that is to say—\n(a) the performance, or the issue of records, of a literary, dramatic or musical work, the exhibition of an artistic work, the construction of a work of architecture, and the issue of photographs or engravings of a work of architecture or of a sculpture, do not constitute publication of the work;\n(b) except in so far as it may constitute an infringement of copyright, or a contravention of any restriction imposed by section forty-three of this Act, a publication which is merely colourable, and not intended to satisfy the reasonable requirements of the public, shall be disregarded;\n(c) subject to the preceding paragraphs, a literary, dramatic or musical work, or an edition of such a work, or an artistic work, shall be taken to have been published if, but only if, reproductions of the work or edition have been issued to the public;\n(d) a publication in the United Kingdom, or in any other country, shall not be treated as being other than the first publication by reason only of an earlier publication elsewhere, if the two publications took place within a period of not more than thirty days ;\nand in determining, for the purposes of paragraph (c) of this subsection, whether reproductions of a work or edition have been issued to the public, the preceding subsection shall not apply.\n(3) In determining for the purposes of any provision of this Act—\n(a) whether a work or other subject-matter has been published, or\n(b) whether a publication of a work or other subject-matter was the first publication thereof, or\n(c) whether a work or other subject-matter was published or otherwise dealt with in the lifetime of a person,\nno account shall be taken of any unauthorised publication or of the doing of any other unauthorised act; and (subject to subsection (7) of section seven of this Act) a publication or other act shall for the purposes of this subsection be taken to have been unauthorised—\n(i) if copyright subsisted in the work or other subject-matter and the act in question was done otherwise than by, or with the licence of, the owner of the copyright, or\n(ii) if copyright did not subsist in the work or other subject matter, and the act in question was done otherwise than by, or with the licence of, the author (or, in the case of a sound recording or a cinematograph film, or an edition of a literary, dramatic or musical work, the maker or publisher, as the case may be) or persons lawfully claiming under him:\nProvided that nothing in this subsection shall affect any provisions of this Act as to the acts restricted by any copyright or as to acts constituting infringements of copyrights, or any provisions of section forty-three of this Act.\n(4) References in this Act to the time at which, or the period during which, a literary, dramatic or musical work was made are references to the time or period at or during which it was first reduced to writing or some other material form.\n(5) In the case of any copyright to which (whether in consequence of a partial assignment or otherwise) different persons are entitled in respect of the application of the copyright—\n(a) to the doing of different acts or classes of acts, or\n(b) to the doing of one or more acts or classes of acts in different countries or at different times,\nthe owner of the copyright, for any purpose of this Act, shall be taken to be the person who is entitled to the copyright in respect of its application to the doing of the particular act or class of acts, or, as the case may be, to the doing thereof in the particular country or at the particular time, which is relevant to the purpose in question; and, in relation to any future copyright to which different persons are prospectively entitled, references in this Act to the prospective owner of the copyright shall be construed accordingly.\n(6) Without prejudice to the generality of the last preceding subsection, where under any provision of this Act a question arises whether an article of any description has been imported or sold, or otherwise dealt with, without the licence of the owner of any copyright, the owner of the copyright, for the purpose of determining that question, shall be taken to be the person entitled to the copyright in respect of its application to the making of articles of that description in the country into which the article was imported, or, as the case may be, in which it was sold or otherwise dealt with.\n(7) Where the doing of anything is authorised by the grantee of a licence, or a person deriving title from the grantee, and it is within the terms (including any implied terms) of the licence for him to authorise it, it shall for the purposes of this Act be taken to be done with the licence of the grantor and of every other person (if any) upon whom the licence is binding.\n(8) References in this Act to deriving title are references to deriving title either directly or indirectly.\n(9) Where, in the case of copyright of any description,—\n(a) provisions contained in this Act specify certain acts as being restricted by the copyright, or as constituting infringements thereof, and\n(b) other provisions of this Act specify certain acts as not constituting infringements of the copyright,\nthe omission or exclusion of any matter from the latter provisions shall not be taken to extend the operation of the former provisions.\n(10) Any reference in this Act to countries to which a provision of this Act extends includes a country to which that provision extends subject to exceptions, modifications or additions.\n\n50 Transitional provisions, and repeals\n(1) The transitional provisions contained in the Seventh Schedule to this Act shall have effect for the purposes of this Act; and the provisions of the Eighth Schedule to this Act shall have effect in accordance with those transitional provisions.\n(2) Subject to the said transitional provisions, the enactments specified in the Ninth Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.\n\n51 Short title, commencement and extent\n(1) This Act may be cited as the Copyright Act, 1956.\n(2) This Act shall come into operation on such day as the Board of Trade may by order appoint; and different days may be appointed for the purposes of different provisions of this Act, and, for the purposes of any provision of this Act whereby enactments are repealed, different days may be appointed for the operation of the repeal in relation to different enactments, including different enactments contained in the same Act.\n(3) It is hereby declared that this Act extends to Northern Ireland.\n\nSCHEDULES\nSection 10.\n\nFIRST SCHEDULEFalse Registration of Industrial Designs\n1 The provisions of this Schedule shall have effect where—\n(a) copyright subsists in an artistic work, and proceedings are brought under this Act relating to that work;\n(b) a corresponding design has been registered under the Act of 1949, and the copyright in the design subsisting by virtue of that registration has not expired by effluxion of time before the commencement of those proceedings; and\n(c) it is proved or admitted in the proceedings that the person registered as the proprietor of the design was not the proprietor thereof for the purposes of the Act of 1949, and was so registered without the knowledge of the owner of the copyright in the artistic work.\n2 For the purposes of those proceedings (but subject to the next following paragraph) the registration shall be treated as never having been effected, and accordingly, in relation to that registration, subsection (1) of section ten of this Act shall not apply, and nothing in section seven of the Act of 1949 shall be construed as affording any defence in those proceedings.\n3 Notwithstanding anything in the last preceding paragraph, if in the proceedings it is proved or admitted that any act to which the proceedings relate—\n(a) was done in pursuance of an assignment or licence made or granted by the person registered as proprietor of the design, and\n(b) was so done in good faith in reliance upon the registration, and without notice of any proceedings for the cancellation of the registration or for rectifying the entry in the register of designs relating thereto,\nsubsection (1) of section ten of this Act shall apply in relation to that act for the purposes of the first-mentioned proceedings.\n4 In this Schedule “the Act of 1949” means the Registered Designs Act, 1949, and “corresponding design ” has the meaning assigned to it by subsection (7) of section ten of this Act.\nSection 11.\n\nSECOND SCHEDULEDuration of Copyright in Anonymous and Pseudonymous Works\n1 Where the first publication of a literary, dramatic, or musical work, or of an artistic work other than a photograph, is anonymous or pseudonymous, then subject to the following provisions of this Schedule—\n(a) subsection (3) of section two of this Act, or, as the case may be, subsection (4) of section three of this Act, shall not apply, and\n(b) any copyright subsisting in the work by virtue of either of those sections shall continue to subsist until the end of the period of fifty years from the end of the calendar year in which the work was first published, and shall then expire.\n2 The preceding paragraph shall not apply in the case of a work if, at any time before the end of the period mentioned in that paragraph, it is possible for a person without previous knowledge of the facts to ascertain the identity of the author by reasonable inquiry.\n3 For the purposes of this Act a publication of a work under two or more names shall not be taken to be pseudonymous unless all those names are pseudonyms.\nSection 11.\n\nTHIRD SCHEDULEWorks of Joint Authorship\n1 In relation to a work of joint authorship, the references to the author in subsections (1) and (2) of section two of this Act, in subsections (2) and (3) of section three of this Act, and in paragraph 2 of the Second Schedule to this Act, shall be construed as references to any one or more of the authors.\n2 In relation to a work of joint authorship, other than a work to which the next following paragraph applies, references to the author in subsection (3) of section two, in subsection (4) of section three, and in subsection (6) of section seven, of this Act, shall be construed as references to the author who died last.\n3(1)This paragraph applies to any work of joint authorship which was first published under two or more names, of which one or more (but not all) were pseudonyms.\n(2) This paragraph also applies to any work of joint authorship which was first published under two or more names all of which were pseudonyms, if, at any time within the period of fifty years from the end of the calendar year in which the work was first published, it is possible for a person without previous knowledge of the facts to ascertain the identity of any one or more (but not all) of the authors by reasonable inquiry.\n(3) In relation to a work to which this paragraph applies, references to the author in subsection (3) of section two of this Act, and in subsection (4) of section three of this Act, shall be construed as references to the author whose identity was disclosed, or, if the identity of two or more of the authors was disclosed, as references to that one of those authors who died last.\n(4) For the purposes of this paragraph the identity of an author shall be taken to have been disclosed if either—\n(a) in his case, the name under which the work was published was not a pseudonym, or\n(b) it is possible to ascertain his identity as mentioned in sub-paragraph (2) of this paragraph.\n4(1)In relation to a work of joint authorship of which one or more of the authors are persons to whom this paragraph applies, subsection (1) of section four of this Act shall have effect as if the author or authors, other than persons to whom this paragraph applies, had been the sole author, or (as the case may be) sole joint authors, of the work.\n(2) This paragraph applies, in the case of a work, to any person such that, if he had been the sole author of the work, copyright would not have subsisted in the work by virtue of Part I of this Act.\n5 In the proviso to subsection (6) of section six of this Act, the reference to other excerpts from works by the author of the passage in question—\n(a) shall be taken to include a reference to excerpts from works by the author of that passage in collaboration with any other person, or\n(b) if the passage in question is from a work of joint authorship, shall be taken to include a reference to excerpts from works by any one or more of the authors of that passage, or by any one or more of those authors in collaboration with any other person.\n6 Subject to the preceding provisions of this Schedule, any reference in this Act to the author of a work shall (unless it is otherwise expressly provided) be construed, in relation to a work of joint authorship, as a reference to all the authors of the work.\nSections 23, 30, 47.\n\nFOURTH SCHEDULEProvisions as to Performing Right Tribunal\n1(1)Subject to the provisions of this paragraph, the members of the tribunal shall hold office for such period as may be determined at the time of their respective appointments ; and a person who ceases to hold office as a member of the tribunal shall be eligible for re-appointment.\n(2) Any member of the tribunal may at any time by notice in writing to the Board of Trade, or, in the case of the chairman of the tribunal, to the Lord Chancellor, resign his appointment.\n(3) The Board of Trade, or, in the case of the chairman of the tribunal, the Lord Chancellor, may declare the office of any member of the tribunal vacant on the ground of his unfitness to continue in office or incapacity to perform the duties thereof.\n2 If any member of the tribunal is, by reason of illness, absence or other reasonable cause, for the time being unable to perform the duties of his office, either generally or in relation to any particular proceedings, the Board of Trade, or, in the case of the chairman of the tribunal, the Lord Chancellor, may appoint some other duly qualified person to discharge the duties of that member for any period, not exceeding six months at one time, or, as the case may be, in relation to those proceedings; and a person so appointed shall, during that period or in relation to those proceedings, have the same powers as the person in whose place he is appointed.\n3 If at any time there are more than two members of the tribunal, in addition to the chairman, then, for the purposes of any proceedings, the tribunal may consist of the chairman together with any two or more of those members.\n4 If the members of the tribunal dealing with any reference or application are unable to agree as to the order to be made by the tribunal, a decision shall be taken by the votes of the majority ; and, in the event of an equality of votes, the chairman shall be entitled to a second or casting vote.\n5 The tribunal may order that the costs or expenses of any proceedings before it incurred by any party shall be paid by any other party, and may tax or settle the amount of any costs or expenses to be paid under any such order or direct in what manner they are to be taxed.\n6(1)The Lord Chancellor may make rules as to the procedure in connection with the making of references and applications to the tribunal, and for regulating proceedings before the tribunal and, subject to the approval of the Treasury, as to the fees chargeable in respect of those proceedings.\n(2) Any such rules may apply in relation to the tribunal—\n(a) as respects proceedings in England and Wales, any of the provisions of the Arbitration Act, 1950, and\n(b) as respects proceedings in Northern Ireland, any of the provisions of the Arbitration Act (Northern Ireland), 1937.\n(3) Any such rules may include provision—\n(a) for prescribing the period within which, after the tribunal has given its decision in any proceedings, a request may be made to the tribunal to refer a question of law to the court;\n(b) for requiring notice of any intended application to the court under subsection (2) of section thirty of this Act to be given to the tribunal and to the other parties to the proceedings, and for limiting the time within which any such notice is to be given ;\n(c) for suspending, or authorising or requiring the tribunal to suspend, the operation of orders of the tribunal, in cases where, after giving its decision, the tribunal refers a question of law to the court;\n(d) for modifying, in relation to orders of the tribunal whose operation is suspended, the operation of any provisions of Part IV of this Act as to the effect of orders made thereunder;\n(e) for the publication of notices, or the taking of any other steps, for securing that persons affected by the suspension of an order of the tribunal will be informed of its suspension ;\n(f) for regulating or prescribing any other matters incidental to or consequential upon any request, application, order or decision under section thirty of this Act.\n(4) Provision shall be made by rules of court for limiting the time for instituting proceedings under subsection (2) of section thirty of this Act, and for authorising or requiring the court, where it makes an order directing the tribunal to refer a question of law to the court, to provide in the order for suspending the operation of any order made by the tribunal in the proceedings in which the question of law arose.\n(5) In this paragraph “the court” has the same meaning as in section thirty of this Act.\n7 As respects proceedings in Scotland, the tribunal shall have the like powers for securing the attendance of witnesses and the production of documents, and with regard to the examination of witnesses on oath, as if the tribunal were an arbiter under a submission.\n8 Without prejudice to any method available by law for the proof of orders of the tribunal, a document purporting to be a copy of any such order, and to be certified by the chairman of the tribunal to be a true copy thereof, shall, in any legal proceedings, be sufficient evidence of the order unless the contrary is proved\nSections 24, 37.\n\nFIFTH SCHEDULEAppointment of Television Copyright Organisations by British Broadcasting Corporation and Independent Television Authority\n1 In this Schedule—\n(a) references to a right to which this Schedule applies are references to the copyright (including any future copyright) in any television broadcast, in so far as the copyright relates, or when it comes into existence will relate, to the acts specified in paragraph (c) of subsection (4) of section fourteen of this Act;\n(b) references to the purposes of this Schedule are references to the purposes of negotiating or granting licences in respect of rights to which this Schedule applies.\n2 The Corporation and the Authority may jointly appoint an organisation for the purposes of this Schedule ; and if they do so, no other organisation shall be appointed by them or either of them for those purposes until the appointment of that organisation has been duly terminated.\n3 Subject to the last preceding paragraph, the Corporation or the Authority, or each of them, may appoint an organisation for the purposes of this Schedule; and if an organisation is so appointed by the Corporation or by the Authority, no other organisation shall be appointed for the purposes of this Schedule by the Corporation or the Authority, as the case may be, until the appointment of that organisation has been duly terminated.\n4A right to which this Schedule applies shall not be assignable by the Corporation or by the Authority except to an organisation duly appointed for the purposes of this Schedule; and where such a right has been assigned to such an organisation, it shall not be assignable by the organisation except to the Corporation or the Authority, as the case may be, or to another organisation subsequently appointed for the purposes of this Schedule.\n5(1)Neither the Corporation nor the Authority shall authorise any organisation or person, other than any person in their employment under a contract of service, to negotiate or act for them with respect to the granting of licences in respect of rights to which this Schedule applies, except an organisation duly appointed for the purposes of this Schedule.\n(2) An organisation appointed for the purposes of this Schedule shall not authorise any other organisation or person, other than any person in their employment under a contract of service, to negotiate or act for them, or for the Corporation or the Authority, with respect to the granting of licences in respect of rights to which this Schedule applies.\n6 The appointment, or the termination of the appointment, of an organisation for the purposes of this Schedule shall not have effect unless, not less than fourteen days before the appointment or termination is to take effect, a notice is published in the London Gazette, the Edinburgh Gazette and the Belfast Gazette, specifying the name and address of the organisation, and the date on which the appointment or termination is to take effect, and stating whether the appointment, or termination of appointment, is made by the Corporation or the Authority or by both of them.\n7 Where notice of the appointment of an organisation for the purposes of this Schedule has been given under the last preceding paragraph, the organisation shall be taken for the purposes of this Act to be authorised to act in accordance with the appointment until their appointment is duly terminated in pursuance of a notice published in accordance with that paragraph.\nSection 45.\n\nSIXTH SCHEDULEAmendment of Dramatic and Musical Performers' Protection Act, 1925\n\nPART INew Sections 1A and 1B\n\nPenalties for making, &c., cinematograph films without consent of performers\n1ASubject to the provisions of this Act, if any person knowingly—\n(a) makes a cinematograph film, directly or indirectly, from or by means of the performance of any dramatic or musical work without the consent in writing of the performers, or\n(b) sells or lets for hire, or distributes for the purposes of trade, or by way of trade exposes or offers for sale or hire, a cinematograph film made in contravention of this Act, or\n(c) uses for the purposes of exhibition to the public a cinematograph film made in contravention of this Act,\nhe shall be guilty of an offence under this Act, and shall be liable on summary conviction to a fine not exceeding fifty pounds:\nProvided that, where a person is charged with an offence under paragraph (a) of this section, it shall be a defence to prove that the cinematograph film was made for his private and domestic use only.\n\nPenalties for broadcasting without consent of performers\n1BSubject to the provisions of this Act, any person who, otherwise than by the use of a record or a cinematograph film, knowingly broadcasts a performance of any dramatic or musical work, or any part of such a performance, without the consent in writing of the performers shall be guilty of an offence under this Act, and shall be liable on summary conviction to a fine not exceeding fifty pounds.\n\nPART IINew Sections 3A and 3B\n\nSpecial defences\n3ANotwithstanding anything in the preceding provisions of this Act, it shall be a defence to any proceedings under this Act to prove—\n(a) that the record, cinematograph film or broadcast to which the proceedings relate was made only for the purpose of reporting current events, or\n(b) that the inclusion of the performance in question in the record, cinematograph film or broadcast to which the proceedings relate was only by way of background or was otherwise only incidental to the principal matters comprised or represented in the record, film or broadcast.\n\nConsent on behalf of performers\n3BWhere in any proceedings under this Act it is proved—\n(a) that the record, cinematograph film or broadcast to which the proceedings relate was made with the consent in writing of a person who, at the time of giving the consent, represented that he was authorised by the performers to give it on their behalf, and\n(b) that the person making the record, film or broadcast had no reasonable grounds for believing that the person giving the consent was not so authorised,\nthe provisions of this Act shall apply as if it had been proved that the performers had themselves consented in writing to the making of the record, film or broadcasts\n\nPART IIIMinor and Consequential Amendments\nProvision amended  Amendment\nSection one        At the beginning of the section there shall be inserted the words “Subject to the provisions of this Act ”; and at the end of the section, for the words “not made for purposes of trade ” there shall be substituted the words “made for his private and domestic use only ”.\nSection three      For the words “records or ” there shall be substituted the words \" records, cinematograph films\n                   At the end of the definition of the expression “record ” there shall be inserted the words “including the sound-track of a cinematograph film ” ; and at the end of the section there shall be inserted the following definitions:—\nSection four         * “The expression ' cinematograph film ' means any print, negative, tape or other article on which a performance of a dramatic or musical work or part thereof is recorded for the purposes of visual reproduction, and any reference to the making of a cinematograph film is a reference to the carrying out of any process whereby such a performance or part thereof is so recorded;\n                     * The expression ' broadcast ' means broadcast by wireless telegraphy (within the meaning of the Wireless Telegraphy Act, 1949), whether by way of sound broadcasting or of television”\n\nSection 50.\n\nSEVENTH SCHEDULETransitional Provisions\n\nPART IProvisions relating to Part I of Act\n\nConditions for subsistence of copyright\n1 In the application of sections two and three to works first published before the commencement of those sections, subsection (2) of section two, and subsection (3) of section three, shall apply as if paragraphs (b) and (c) of those subsections were omitted.\n\nDuration of copyright\n2 In relation to any photograph taken before the commencement of section three, subsection (4) of that section shall not apply, but, subject to subsection (3) of that section, copyright subsisting in the photograph by virtue of that section shall continue to subsist until the end of the period of fifty years from the end of the calendar year in which the photograph was taken, and shall then expire.\n\nOwnership of copyright\n3(1)Subsections (2) to (4) of section four shall not apply—\n(a) to any work made as mentioned in subsection (2) or subsection (4) of that section, if the work was so made before the commencement of that section, or\n(b) to any work made as mentioned in subsection (3) of that section, if the work was or is so made in pursuance of a contract made before the commencement of that section.\n(2) In relation to any work to which the preceding sub-paragraph applies, subsection (1) of section four shall have effect subject to the proviso set out in paragraph 1 of the Eighth Schedule to this Act (being the proviso to subsection (1) of section five of the Act of 1911).\n\nInfringements of copyright\n4 For the purposes of section five, the fact that, to a person's knowledge, the making of an article constituted an infringement of copyright under the Act of 1911, or would have constituted such an infringement if the article had been made in the place into which it is imported, shall have the like effect as if, to that person's knowledge, the making of the article had constituted an infringement of copyright under this Act.\n5 Subsection (7) of section six does not apply to assignments made or licences granted before the commencement of that section.\n6(1)References in section eight to records previously made by, or with the licence of, the owner of the copyright in a work include references to records previously made by, or with the consent of, the owner of the copyright in that work under the Act of 1911.\n(2) The repeal by this Act of any provisions of section nineteen, of the Act of 1911, or of the provisions of the Copyright Order Confirmation (Mechanical Instruments: Royalties) Act, 1928, shall not affect the operation of those provisions, or of any regulations or order made thereunder, in relation to a record made before the repeal.\n7(1)In relation to a painting, drawing, engraving, photograph or cinematograph film made before the commencement of section nine, subsection (6) of that section shall apply if, by virtue of subsection (3) or subsection (4) of that section, the making of the painting, drawing, engraving, photograph or film would not have constituted an infringement of copyright under this Act if this Act had been in operation at the time when it was made.\n(2) In subsection (10) of section nine, the reference to construction by, or with the licence of, the owner of the copyright in any architectural drawings or plans includes a reference to construction by, or with the licence of, the person who, at the time of the construction, was the owner of the copyright in the drawings or plans under the Act of 1911, or under any enactment repealed by that Act.\n8(1)Section ten and the First Schedule to this Act do not apply to artistic works made before the commencement of that section.\n(2) Copyright shall not subsist by virtue of this Act in any artistic work made before the commencement of section ten which, at the time when the work was made, constituted a design capable of registration under the Registered Designs Act, 1949, or under the enactments repealed by that Act, and was used, or intended to be used, as a model or pattern to be multiplied by any industrial process.\n(3) The provisions set out in paragraph 2 of the Eighth Schedule to this Act (being the relevant provisions of the Copyright (Industrial Designs) Rules, 1949) shall apply for the purposes of the last preceding sub-paragraph.\n9(1)Where, before the repeal by this Act of section three of the Act of 1911, a person has, in the case of a work, given the notice requisite under the proviso set out in paragraph 3 of the Eighth Schedule to this Act (being the proviso to the said section three), then, as respects reproductions by that person of that work after the repeal of that section by this Act, that proviso shall have effect as if it had been re-enacted in this Act as a proviso to subsection (2) of section one :\nProvided that the said proviso shall so have effect subject to the provisions set out in paragraphs 4 and 5 of the Eighth Schedule to this Act (being so much of subsection (1) of sections sixteen and seventeen respectively of the Act of 1911 as is applicable to the said proviso), as if those provisions had also been re-enacted in this Act.\n(2) For the purposes of the operation of the said proviso in accordance with the preceding sub-paragraph, any regulations made by the Board of Trade thereunder before the repeal of section three of the Act of 1911 shall have effect as if they had been made under this Act, and the power of the Board of Trade to make further regulations thereunder shall apply as if the proviso had been re-enacted as mentioned in the preceding sub-paragraph.\n\nWorks of joint authorship\n10(1)Notwithstanding anything in section eleven, or in the Third Schedule to this Act, copyright shall not subsist by virtue of Part I of this Act in any work of joint authorship first published before the commencement of section eleven, if the period of copyright had expired before the commencement of that section.\n(2) In this paragraph “the period of copyright” means whichever is the longer of the following periods, that is to say,—\n(a) the life of the author who died first and a term of fifty years after his death, and\n(b) the life of the author who died last.\n\nPART IIProvisions relating to Part II of Act\n\nSound recordings\n11 In the case of a sound recording made before (the commencement of section twelve, subsection (3) of that section shall apply with the substitution, for the period mentioned in that subsection, of the period of fifty years from the end of the calendar year in which the recording was made.\n12 Subsection (6) of section twelve shall not apply to a sound recording made before the commencement of that section.\n13 Notwithstanding anything in section twelve, copyright shall not subsist by virtue of that section in a sound recording made before the first day of July, nineteen hundred and twelve, unless, immediately before the commencement of that section, a corresponding copyright subsisted, in relation to that recording, by virtue of subsection (8) of section nineteen of the Act of 1911 (which relates to records made before the commencement of that Act).\n\nCinematograph films\n14 Section thirteen shall not apply to cinematograph films made before the commencement of that section.\n15 Where a cinematograph film made before the commencement of section thirteen was an original dramatic work within the definition of “dramatic work ” set out in paragraph 9 of the Eighth Schedule to this Act (being the definition thereof in the Act of 1911), the provisions of this Act, including the provisions of this Schedule other than this paragraph, shall have effect in relation to the film as if it had been an original dramatic work within the meaning of this Act; and the person who was the author of the work for the purposes of the Act of 1911 shall be taken to be the author thereof for the purposes of the said provisions as applied by this paragraph.\n16 The provisions of this Act shall have effect in relation to photographs forming part of a cinematograph film made before the commencement of section thirteen as those provisions have effect in relation to photographs not forming part of a cinematograph film.\n\nTelevision broadcasts and sound broadcasts\n17 Copyright shall not subsist by virtue of section fourteen in any television broadcast or sound broadcast made before the commencement of that section.\n18 For the purposes of subsection (3) of section fourteen, a previous television broadcast or sound broadcast shall be disregarded if it was made before the commencement of that section.\n\nSupplementary\n19 For the purposes of subsections (2) to (4) of section sixteen, the fact that, to a person's knowledge, the making of an article constituted an infringement of copyright under the Act of 1911, or would have constituted such an infringement if the article had been made in the place into which it is imported, shall have the like effect as if, to that person's knowledge, the making of the article had constituted an infringement of copyright under this Act.\n\nPART IIIProvisions relating to Part III of Act\n20 Nothing in section seventeen shall apply to any infringement of copyright under the Act of 1911, or shall affect any proceedings under that Act, whether begun before or after the commencement of that section.\n21 Section eighteen shall not apply with respect to any article made, or, as the case may be, imported, before the commencement of that section ; but, notwithstanding the repeal by this Act of section seven of the Act of 1911 (which contains provisions corresponding to subsection (1) of section eighteen), proceedings may (subject to the provisions of that Act) be brought or continued by virtue of the said section seven in respect of any article made or imported before the repeal, although the proceedings relate to the conversion or detention thereof after the repeal took effect.\n22 Section nineteen shall not apply to any licence granted before the commencement of that section, and shall not affect any proceedings under the Act of 1911, whether begun before or after the commencement of that section.\n23 For the purposes of section twenty-one the definition of “infringing copy ” in section eighteen shall apply as if any reference: to copyright in that definition included a reference to copyright under the Act of 1911.\n24 Where before the commencement of section twenty-two a notice had been given in respect of a work under section fourteen of the Act of 1911 (which contains provisions corresponding to section twenty-two), and that notice had not been withdrawn and had not otherwise ceased to have effect before the commencement of section twenty-two, the notice shall have effect after the commencement of that section as if it had been duly given thereunder:\nProvided that a notice shall not continue to have effect by virtue of this paragraph after the end of the period of six months beginning with the commencement of section twenty-two.\n\nPART IVProvisions relating to Part IV of Act\n25 The provisions of Part IV of this Act shall apply in relation to licence schemes made before the commencement of that Part as they apply in relation to licence schemes made thereafter, as if references in Part IV of this Act to copyright included references to copyright under the Act of 1911.\n26 In section twenty-seven, references to a refusal or failure to grant or procure the grant of a licence, or to a proposal that a licence should be granted, do not include a refusal or failure which occurred, or a proposal made, before the commencement of that section.\n\nPART VProvisions relating to Part V of Act\n27 In section thirty-three, subsection (2) shall not apply to works made before the commencement of that section, and subsection (3) shall not apply to works first published before the commencement of that section.\n\nPART VIProvisions relating to Part VI of Act\n\nAssignments, licences and bequests\n28(1)Where by virtue of any provision of this Act copyright subsists in a work, any document or event which—\n(a) was made or occurred before the commencement of that provision, and\n(b) had any operation affecting the title to copyright in the work under the Act of 1911, or would have had such an operation if the Act of 1911 had continued in force,\nshall have the corresponding operation in relation to the copyright in the work under this Act:\nProvided that, if the operation of any such document was or would have been limited to a period specified in the document, it shall not have any operation in relation to the copyright under this Act, except in so far as that period extends beyond the commencement of the provision of this Act by virtue of which copyright subsists in the work.\n(2) For the purposes of the operation of a document in accordance with the preceding sub-paragraph,—\n(a) expressions used in the document shall be construed in accordance with their effect immediately before the commencement of the provision in question, notwithstanding that a different meaning is assigned to them for the purposes of this Act; and\n(b) subsection (1) of section thirty-seven shall not apply.\n(3) Without prejudice to the generality of sub-paragraph (1) of this paragraph, the proviso set out in paragraph 6 of the Eighth Schedule to this Act (being the proviso to subsection (2) of section five of the Act of 1911) shall apply to assignments and licences having effect in relation to copyright under this Act in accordance with that sub-paragraph, as if that proviso had been re-enacted in this Act.\n(4) In relation to copyright under this Act in a sound recording or in a cinematograph film, the preceding provisions of this paragraph shall apply subject to the following modifications, that is to say—\n(a) in the case of a sound recording, references to the copyright under the Act of 1911 shall be construed as references to the copyright under that Act in records embodying the recording, and\n(b) in the case of a cinematograph film, references to the copyright under the Act of 1911 shall be construed as references to any copyright under that Act in the film (in so far as it constituted a dramatic work for the purposes of the Act of 1911) or in photographs forming part of the film.\n(5) In this paragraph “operation affecting the (title”, in relation to copyright under the Act of 1911, means any operation affecting the ownership of that copyright, or creating, transferring or terminating an interest, right or licence in respect of that copyright.\n29(1)Section thirty-eight shall not apply to a bequest contained in the will, or a codicil to the will, of a testator who died before the commencement of that section.\n(2) In the case of an author who died before the commencement of section thirty-eight, the provision set out in paragraph 7 of the Eighth Schedule to this Act (being subsection (2) of section seventeen of the Act of 1911) shall have effect as if it had been re-enacted in this Act.\n\nCrown and Government departments\n30 Subsection (4) of section thirty-nine shall apply in relation to photographs taken before the commencement: of that section as if the proviso to that subsection were omitted.\n31(1)In the application of subsection (5) of section thirty-nine to a sound recording made before the commencement of that section, paragraph (b) of that subsection shall apply as if for the period mentioned in that paragraph there were substituted the period of fifty years from the end of the calendar year in which the recording was made.\n(2) With respect to cinematograph films made before the commencement of section thirty-nine—\n(a) subsection (5) of that section shall not apply, but\n(b) in the case of a cinematograph film made as mentioned in that subsection, but before the commencement of section thirty-nine, if it was an original dramatic work as mentioned in paragraph 15 of this Schedule, the provisions of subsections (1) to (3) of section thirty-nine shall apply in accordance with that paragraph, and\n(c) in relation to photographs forming part of such a cinematograph film the provisions of subsections (1), (2) and (4) of section thirty-nine (as modified by the last preceding paragraph) shall apply as they apply in relation to photographs not forming part of a cinematograph film.\n\nFalse attribution of authorship\n32(1)Paragraphs (b) and (c) of subsection (2) of section forty-three shall apply to any such act as is therein mentioned, if done after the commencement of that section, notwithstanding that the name in question was inserted or affixed before the commencement of that section.\n(2) Subject to the preceding sub-paragraph, no act done before the commencement of section forty-three shall be actionable by virtue of that section.\n(3) In this paragraph “name ” has the same meaning as in section forty-three.\n\nOther provisions\n33(1)In the application of subsection (2) of section forty-nine to a publication effected before the commencement of that section, the reference in paragraph (d) to thirty days shall be treated as a reference to fourteen days.\n(2) For the purposes of the application of subsection (3) of section forty-nine to an act done before the commencement of a provision of this Act to which that subsection applies, references to copyright include references to copyright under the Act of 1911, and, in relation to copyright under that Act, references to the licence of the owner are references to the consent or acquiescence of the owner.\n\nPART VIIWorks made before 1st July, 1912\n34(1)This Part of this Schedule applies to works made before the first day of July, nineteen hundred and twelve.\n(2) In this Part of this Schedule \" right conferred by the Act of 1911 in relation to a work, means such a substituted right as, by virtue of section twenty-four of the Act of 1911, was conferred in place of a right subsisting immediately before the commencement of that Act.\n35 Notwithstanding anything in Part I of this Schedule, neither subsection (1) or subsection (2) of section two, nor subsection (2) or subsection (3) of section three, shall apply to a work to which this Part of this Schedule applies, unless a right conferred by the Act of 1911 subsisted in the work immediately before the commencement of section two or section three, as the case may be.\n36(1)Where, in the case of a dramatic or musical work to which this Part of this Schedule applies, the right conferred by the Act of 1911 did not include the sole right to perform the work in public, then, in so far as copyright subsists in the work by virtue of this Act, the acts restricted by the copyright shall be treated as not including those specified in sub-paragraph (3) of this paragraph.\n(2) Where, in the case of a dramatic or musical work to which this Part of this Schedule applies, the right conferred by the Act of 1911 consisted only of the sole right to perform the work in public, then, in so far as copyright subsists in the work by virtue of this Act, the acts restricted by the copyright shall be treated as consisting only of those specified in sub-paragraph (3) of this paragraph.\n(3) The said acts are—\n(a) performing the work or an adaptation thereof in public;\n(b) broadcasting the work or an adaptation thereof;\n(c) causing the work or an adaptation thereof to be transmitted to subscribers to a diffusion service.\n37 Where a work to which this Part of this Schedule applies consists of an essay, article or portion forming part of and first published in a review, magazine or other periodical or work of a like nature, and immediately before the commencement of section two a right of publishing the work in a separate form subsisted by virtue of the provision set out in paragraph 8 of the Eighth Schedule to this Act (being the note appended to the First Schedule to the Act of 1911), that provision shall have effect, in relation to that work, as if it had been re-enacted in this Act with the substitution, for the word “right ” where it first occurs, of the word “copyright ”\n38(1)Without prejudice to the generality of sub-paragraph (1) of paragraph 28 of this Schedule, the provisions of this paragraph shall have effect where—\n(a) the author of a work to which this Part of this Schedule applies had, before the commencement of the Act of 1911, made such an assignment or grant as is mentioned in paragraph (a) of the proviso to subsection (1) of section twenty-four of that Act (which relates to transactions whereby the author had assigned, or granted an interest in, the copyright or performing right in a work for the full term of that right under the law in force before the Act of 1911), and\n(b) copyright subsists in the work by virtue of any provision of this Act.\n(2) If, before the commencement of that provision of this Act, any event occurred, or notice was given, which in accordance with paragraph (a) of the said proviso had any operation affecting the ownership of the right conferred by the Act of 1911 in relation to the work, or creating, transferring or terminating an interests right or licence in respect of that right, that event or notice shall have the corresponding operation in relation to the copyright in the work under this Act.\n(3) Any right which, at a time after the commencement of that provision of this Act, would, by virtue of paragraph (a) of the said proviso, have been exercisable in relation to the work, or to the right conferred by the Act of 1911, if this Act had not been passed, shall be exercisable in relation to the work or to the copyright therein under this Act, as the case may be.\n(4) If, in accordance with paragraph (a) of the said proviso, the-right conferred by the Act of 1911 would have reverted to the author or his personal representatives on the date referred to in that paragraph, and the said date falls after the commencement of the provision of this Act whereby copyright subsists in the work, then on that date—\n(a) the copyright in the work under this Act shall revert to the author or his personal representatives, as the case may be, and\n(b) any interest of any other person in that copyright which subsists on that date by virtue of any document made before the commencement of the Act of 1911 shall thereupon determine.\n\nPART VIIIGeneral and Supplementary Provisions\n39(1)The provisions of this paragraph shall have effect for the construction of any reference in any provision of this Act—\n(a) to countries to which that provision extends, or\n(b) to qualified persons.\n(2) Where, at any time after the commencement of any provisions of this Act, a provision which contains such a reference—\n(a) has not yet been extended by virtue of section thirty-one to a country to which the Act of 1911 extended (or which, by virtue of that Act, was to be treated as a country to which it extended), and\n(b) has not been applied in the case of that country by virtue of section thirty-two,\nthen, with respect to any time before the provision is so extended or applied, the reference shall be construed as if the provision did extend to that country.\n(3) For the purpose of determining whether copyright subsists in any work or other subject-matter at a time when a provision containing such a reference has been extended to a country other than the United Kingdom, the reference shall be construed, in relation to past events, as if that provision had always been in operation and had always extended to that country.\n(4) In relation to photographs taken before the commencement of section three, and to sound recordings made before the commencement of section twelve, the definition of “qualified person ” in subsection (5) of section one shall apply as if, in paragraph (b) of that subsection, for the words “body incorporated under the laws of” there were substituted the words “body corporate which has established a place of business in ”.\n40(1)The provisions of the two next following sub-paragraphs shall apply where—\n(a) immediately before the date on which any provisions of the Act of 1911 (in this paragraph referred to as “the repealed provisions ”) are repealed in the law of the United Kingdom by this Act, the repealed provisions have effect as applied by an Order in Council made in respect of a foreign country under section twenty-nine of the Act of 1911; and\n(b) no Order in Council under section thirty-two of this Act, applying any provisions of this Act in the case of that country, is made so as to come into force on or before that date.\n(2) The repealed provisions, as applied by the Order in Council under section twenty-nine of the Act of 1911 (or by that Order as varied by any subsequent Order thereunder), shall continue to have effect, notwithstanding the repeal, until the occurrence of whichever of the following events first occurs, that is to say—\n(a) the revocation of the Order in Council under section twenty nine of the Act of 1911;\n(b) the coming into operation of an Order in Council under section thirty-two of this Act applying any of the provisions of this Act in the case of the foreign country in question ;\n(c) the expiration of the period of two years beginning with the date mentioned in the preceding sub-paragraph.\n(3) For the purposes of continuing, varying or terminating the operation of the repealed provisions in accordance with the last preceding sub-paragraph, and for the purposes of any proceedings arising out of the operation of those provisions in accordance with that sub-paragraph, all the provisions of the Act of 1911 (including the power to revoke or vary Orders in Council under section twenty-nine of that Act) shall be treated as continuing in force as if none of those provisions had been repealed by this Act.\n(4) In relation to a country in respect of which an Order in Council has been made under subsection (3) of section twenty-six of the Act of 1911 (which relates to countries therein referred to as self-governing dominions to which that Act does not extend), the preceding provisions of this paragraph shall apply as they apply in relation to a foreign country, with the substitution, for references to section twenty-nine of the Act of 1911, of references to the said subsection (3).\n41 In so far as the Act of 1911 or any Order in Council made thereunder forms part of the law of any country other than the United Kingdom, at a time after that Act has been wholly or partly repealed in the law of the United Kingdom, it shall, so long as it forms part of the law of that country, be construed and have effect as if that Act had not been so repealed.\n42 The mention of any particular matter in the preceding provisions of this Schedule with regard to the repeal of any of the provisions of the Act of 1911 shall not affect the general application to this Act of section thirty-eight of the Interpretation Act, 1889 (which relates to the effect of repeals), either in relation to the Act of 1911 or to any other enactment repealed by this Act\n43 For the purposes of the application, by virtue of any of the preceding paragraphs of this Schedule, of any of the provisions set out in the Eighth Schedule to this Act,—\n(a) the expressions of which definitions are set out in paragraph 9 of that Schedule (being the definitions of those expressions in the Act of 1911) shall, notwithstanding anything in this Act, be construed in accordance with those definitions ; and\n(b) where, for those purposes, any of those provisions is to be treated as if re-enacted in this Act, it shall be treated as if it had been so re-enacted with the substitution, for the words “this Act ” , wherever the reference is to the passing or the commencement of the Act of 1911, of the words “the Copyright Act, 1911 ”.\n44 Without prejudice to the operation of any of the preceding provisions of this Schedule—\n(a) any enactment or other document referring to an enactment repealed by this Act shall be construed as referring (or as including a reference) to the corresponding enactment of this Act;\n(b) any enactment or other document referring to copyright, or to works in which copyright subsists, if apart from this Act it would be construed as referring to copyright under the Act of 1911, or to works in which copyright subsists under that Act, shall be construed as referring (or as including a reference) to copyright under this Act, or, as the case may be, to works or any other subject-matter in which copyright subsists under this Act;\n(c) any reference in an enactment or other document to the grant of an interest in copyright by licence shall be construed, in relation to copyright under this Act, as a reference to the grant of a licence in respect of that copyright.\n45(1)Except in so far as it is otherwise expressly provided in this Schedule, the provisions of this Act apply in relation to things existing at the commencement of those provisions as they apply in relation to things coming into existence thereafter.\n(2) For the purposes of any reference in this Schedule to works, sound recordings or cinematograph films made before the commencement of a provision of this Act, a work, recording or film, the making of which extended over a period, shall not be taken to have been so made unless the making of it was completed before the commencement of that provision.\n46(1)Any reference in this Schedule to a numbered section shall, unless the reference is to a section of a specified Act, be construed as a reference to the section bearing that number in this Act.\n(2) Any reference in this Schedule to the commencement of a provision of this Act is a reference to the date on which that provision comes into operation as part of the law of the United Kingdom.\n47(1)In this Schedule “photograph ” has the meaning assigned to it in the definition set out in paragraph 9 of the Eighth Schedule to this Act, and not the meaning assigned to it by section forty-eight.\n(2) In this Schedule “the Act of 1911” means the Copyright Act, 1911.\nSection 50.\n\nEIGHTH SCHEDULEProvisions of Copyright Act, 1911, and Rules, referred to in Seventh Schedule\n1 Proviso to s. 5 (1) of the Copyright Act, 1911 (referred to in paragraph 3 of Seventh Schedule):—\nProvided that—\n(a) where, in the case of an engraving, photograph, or portrait, the plate or other original was ordered by some other person and was made for valuable consideration in pursuance of that order, then, in the absence of any agreement to the contrary, the person by whom such plate or other original was ordered shall be the first owner of the copyright; and\n(b) where the author was in the employment of some other person under a contract of service or apprenticeship and the work was made in the course of his employment by that person, the person by whom the author was employed shall, in the absence of any agreement to the contrary, be the first owner of the copyright, but where the work is an article or other contribution to a newspaper, magazine, or similar periodical, there shall, in the absence of any agreement to the contrary, be deemed to be reserved to the author a right to restrain the publication of the work, otherwise than as part of a newspaper, magazine, or similar periodical.\n2 Rule 2 of the Copyright (Industrial Designs) Rules, 1949 (referred to in paragraph 8 of Seventh Schedule):—\nA design shall be deemed to be used as a model or pattern to be multiplied by any industrial process—\n(a) when the design is reproduced or is intended to be reproduced on more than 50 single articles, unless all the articles in which the design is reproduced or is intended to be reproduced together form only a single set of articles as defined in subsection (1) of Section 44 of the Registered Designs Act, 1949, or\n(b) when the design is to be applied to—\n(i) printed paper hangings,\n(ii) carpets, floor cloths or oil cloths, manufactured or sold in lengths or pieces,\n(iii) textile piece goods, or textile goods manufactured or sold in lengths or pieces, or\n(iv) lace, not made by hand.\n3 Proviso to s. 3 of the Copyright Act, 1911 (referred to in paragraph 9 of Seventh Schedule):—\nProvided that at any time after the expiration of twenty-five years, or in the case of a work in which copyright subsists at the passing of this Act thirty years, from the death of the author of a published work, copyright in the work shall not be deemed to be infringed by the reproduction of the work for sale if the person reproducing the work proves that he has given the prescribed notice in writing of his intention to reproduce the work, and that he has paid in the prescribed manner to, or for the benefit of, the owner of the copyright royalties in respect of all copies of the work sold by him calculated at the rate of ten per cent. on the price at which he publishes the work; and, for the purposes of this proviso, the Board of Trade may make regulations prescribing the mode in which notices are to to be given, and the particulars to be given in such notices, and the mode, time, and frequency of the payment of royalties, including (if they think fit) regulations requiring payment in advance or otherwise securing the payment of royalties.\n4S. 16 (1) of the Copyright Act, 1911 (referred to in paragraph 9 of Seventh Schedule):—\nIn the case of a work of joint authorship . . . references in this Act to the period after the expiration of any specified number of years from the death of the author shall be construed as references to the period after the expiration of the like number of years from the death of the author who dies first or after the death of the author who dies last, whichever period may be the shorter . . .\n5S. 17 (1) of Copyright Act, 1911 (referred to in paragraph 9 of Seventh Schedule):—\nIn the case of a literary, dramatic or musical work, or an engraving, in which copyright subsists at the date of the death of the author or, in the case of a work of joint authorship, at or immediately before the date of the death of the author who dies last, but which has not been published, nor, in the case of a dramatic or musical work, been performed in public, nor, in the case of a lecture, been delivered in public, before that date, . . . the proviso to section three of this Act shall . . . apply as if the author had died at the date of such publication or performance or delivery in public as aforesaid.\n6 Proviso to s. 5 (2) of the Copyright Act, 1911 (referred to in paragraph 28 of Seventh Schedule):—\nProvided that, where the author of a work is the first owner of the copyright therein, no assignment of the copyright, and no grant of any interest therein, made by him (otherwise than by will) after the passing of this Act, shall be operative to vest in the assignee or grantee any rights with respect to the copyright in the work beyond the expiration of twenty-five years from the death of the author, and the reversionary interest in the copyright expectant on the termination of that period shall, on the death of the author, notwithstanding any agreement to the contrary, devolve on his legal personal representatives as part of his estate, and any agreement entered into by him as to the disposition of such reversionary interest shall be null and void, but nothing in this proviso shall be construed as applying to the assignment of the copyright in a collective work or a licence to publish a work or part of a work as part of a collective work.\n7S. 17 (2) of the Copyright Act, 1911 (referred to in paragraph 29 of Seventh Schedule):—\nThe ownership of an author's manuscript after his death, where such ownership has been acquired under a testamentary disposition made by the author and the manuscript is of a work which has not been published nor performed in public nor delivered in public, shall be prima facie proof of the copyright being with the owner of the manuscript.\n8 Note to First Schedule to the Copyright Act, 1911 (referred to in paragraph 37 of Seventh Schedule):—\nIn the case of an essay, article, or portion forming part of and first published in a review, magazine, or other periodical or work of a like nature, the right shall be subject to any right of publishing the essay, article, or portion in a separate form to which the author is entitled at the commencement of this Act, or would, if this Act had not been passed, have become entitled under section eighteen of the Copyright Act, 1842.\n9 Definitions in s. 35 (1) of the Copyright Act, 1911 (referred to in paragraphs 15, 43 and 47 of Seventh Schedule):—\n  * “literary work ” includes maps, charts, plans, tables, and compilations ;\n  * “dramatic work ” includes any piece for recitation, choreographic work or entertainment in dumb show the scenic arrangement or acting form of which is fixed in writing or otherwise, and any cinematograph production where the arrangement or acting form or the combination of incidents represented give the work an original character ;\n  * “performance ” means any acoustic representation of a work and any visual representation of any dramatic action in a work, including such a representation made by means of any mechanical instrument;\n  * “photograph ” includes photo-lithograph and any work produced by any process analogous to photography ;\n  * “collective work ” means—\n    (a) any encyclopaedia, dictionary, year book, or similar work;\n    (b) a newspaper, review, magazine, or similar periodical; and\n    (c) any work written in distinct parts by different authors, or in which works or parts of works of different authors are incorporated ;\n  * “delivery ” in relation to a lecture, includes delivery by means of any mechanical instrument;\n  * “lecture ” includes address, speech and sermon.\nNote—In this Schedule “this Act ” means the Copyright Act, 1911.\nSection 50.\n\nNINTH SCHEDULEEnactments Repealed\nSession and Chapter      Short Title                                                                      Extent of Repeal\n25 & 26 Vict. c. 68.     The Fine Arts Copyright Act, 1862.                                               The whole Act.\n2 Edw. 7. c. 15.         The Musical (Summary Proceedings) Copyright Act, 1902.                           The whole Act.\n6 Edw. 7. c. 36.         The Musical Copyright Act, 1906.                                                 The whole Act.\n1 & 2 Geo. 5. c. 46.     The Copyright Act, 1911.                                                         The whole Act, except sections fifteen, thirty-four and thirty-seven thereof.\n18 & 19 Geo. 5. c. lii.  The Copyright Order Confirmation (Mechanical Instruments: Royalties) Act, 1928.  The whole Act.\n11 & 12 Geo. 6. c. 7.    The Ceylon Independence Act, 1947.                                               Paragraph 10 of the Second Schedule.\n\n\nTable of Statutes referred to in this Act\nShort Title                                            Session and Chapter\nCopyright Act, 1775                                    15 Geo. 3. c. 53.\nPublic Record Office Act, 1838                         1 & 2 Vict. c. 94.\nInterpretation Act, 1889                               52 & 53 Vict. c. 63.\nCopyright Act, 1911                                    1 & 2 Geo. 5. c. 46.\nDramatic and Musical Performers' Protection Act, 1925  15 & 16 Geo. 5. c. 46.\nChildren and Young Persons (Scotland) Act, 1937        1 Edw. 8. & 1 Geo. 6. c. 37.\nCinematograph Films Act, 1938                          1 & 2 Geo. 6. c. 17.\nLimitation Act, 1939                                   2 & 3 Geo. 6. c. 21.\nEducation Act, 1944                                    7 & 8 Geo. 6. c. 31.\nEducation (Scotland) Act, 1946                         9 & 10 Geo. 6. c. 72.\nCrown Proceedings Act, 1947                            10 & 11 Geo. 6. c. 44.\nBritish Nationality Act, 1948                          11 & 12 Geo. 6. c. 56.\nWireless Telegraphy Act, 1949                          12, 13 & 14 Geo. 6. c. 54.\nRegistered Designs Act, 1949                           12, 13 & 14 Geo. 6. c. 88.\nArbitration Act, 1950                                  14 Geo. 6. c. 27.\nCustoms and Excise Act, 1952                           15 & 16 Geo. 6 & 1 Eliz. 2. c. 44.","title":""}
{"_id":"text_ukpga_1985_61","text":"[30th October 1985]\nBe it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—\n\nPart I Solicitors\n\nSolicitors’ discipline\n\n1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n2 Examination of solicitors’ files in connection with complaints.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nPractising certificates\n\n4 Issue of practising certificates subject to conditions.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n5 Conditions imposed on current certificates.\nAfter section 13 of the Solicitors Act 1974 there shall be inserted—\n\n“13A Imposition of conditions while practising certificates are in force.\n(1) Subject to the provisions of this section, the Society may in the case of any solicitor direct that his practising certificate for the time being in force (his “current certificate”) shall have effect subject to such conditions as the Society may think fit.\n(2) The power to give a direction under this section in the case of any solicitor shall be exercisable by the Society at any time during the period for which his current certificate is in force if—\n(a) in the event of an application for a practising certificate being made by him at that time, section 12 would have effect in relation to him by reason of any such circumstances as are mentioned in paragraph (d), (e), (ee), (k) or (l) of subsection (1) of that section; or\n(b) a receiving order in bankruptcy is in force against him; or\n(c) he has entered into a composition with his creditors or a deed of arrangement for the benefit of his creditors.\n(3) Subject to subsection (4), the conditions specified in a direction under this section shall have effect as from the time when the solicitor concerned is notified of the Society’s decision to give the direction.\n(4) The Society may, if it thinks fit, provide in a direction under this section that the conditions specified in the direction shall not have effect pending the hearing and determination of any appeal under subsection (6).\n(5) Where there is a pending against any judgment or order an appeal by a solicitor which, if successful, would result in subsection (2) no longer being applicable to him, the Society shall not give a direction under this section in his case so long as the appeal is pending, unless in the opinion of the Society the proceedings on that appeal have been unduly protracted by him or are unlikely to be successful.\n(6) A solicitor in whose case a direction is given under this section may appeal to the Master of the Rolls against the decision of the Society within one month of being notified of it.\n(7) On an appeal under subsection (6), the Master of the Rolls may—\n(a) affirm the decision of the Society; or\n(b) direct that the appellant’s current certificate shall have effect subject to such conditions as the Master of the Rolls thinks fit; or\n(c) by order revoke the direction; or\n(d) make such other order as he thinks fit.\n(8) Subsection (4A) of section 12 shall apply for the purposes of subsection (1) of this section as it applies for the purposes of subsection (4)(b) of that section.”.\n\nRestrictions applying to unqualified persons\n\n6 Preparation of conveyancing documents by unqualified persons.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n7 Preparation of papers for probate etc. by unqualified persons.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nOther amendments\n\n8 Other amendments of Solicitors Act 1974.\nThe Solicitors Act 1974 shall have effect subject to the further amendments specified in Schedule 1.\n\nLegal services bodies and sole solicitors’ practices\n\n9 Recognition of legal services bodies and of sole solicitors’ practices\n(1) The Society may make rules—\n(a) making provision as to the management and control of legal services bodies;\n(b) prescribing the circumstances in which—\n(i) legal services bodies may be recognised by the Society as being suitable bodies to undertake the provision of any solicitor services or other relevant legal services; and\n(ii) sole solicitors’ practices may be recognised by the Society as being suitable to undertake the provision of any such services;\n(c) prescribing the requirements which (subject to any exceptions provided by the rules) must at all times be satisfied by bodies and sole solicitors’ practices . . . so recognised if they are to remain so recognised; and\n(d) regulating the conduct of the affairs of such bodies and sole solicitors’ practices .\n(1A) Where the Society makes rules under subsection (1), it must by rules under subsection (1)(c) prescribe the requirement that (subject to any exceptions provided by the rules) recognised bodies and recognised sole solicitors’ practices must not provide services other than—\n(a) solicitor services, or\n(b) solicitor services and other relevant legal services.\n(1B)“Relevant legal services” means—\n(a) solicitor services, and\n(b) where authorised persons other than solicitors or registered European lawyers are managers or employees of, or have an interest in, a recognised body, or are employees in a recognised sole solicitor’s practice, services of the kind provided by individuals practising as such authorised persons (whether or not those services involve the carrying on of reserved legal activities within the meaning of the Legal Services Act 2007).\n(1C) The Society may by rules under this section provide that services specified, or of a description specified, in the rules are not to be treated as solicitor services or other relevant legal services.\n(2) Rules made by the Society may also make provision—\n(a) for the manner and form in which applications for recognition under this section , or for the renewal of such recognition, are to be made, and requiring such applications to be accompanied by a fee of such amount as the Society may from time to time determine;\n(aa) for the manner and form in which other applications under the rules are to be made, and requiring such applications to be accompanied by a fee of such amount as the Society may from time to time determine;\n(ab) requiring recognised bodies, recognised sole solicitors’ practices, or descriptions of such bodies or practices , to pay periodical fees of such amount as the Society may from time to time determine;\n(b) for regulating the names that may be used by recognised bodies or recognised sole solicitors’ practices ;\n(c) about the time when any recognition, or renewal of recognition, takes effect and the period for which it is (subject to the provisions made by or under this Part) to remain in force;\n(d) for the suspension or revocation of any such recognition, on such grounds and in such circumstances as may be prescribed by the rules;\n(e) about the effect on the recognition of a partnership or other unincorporated body (“the existing body”) of any change in the membership of the existing body, including provision for the existing body's recognition to be transferred where the existing body ceases to exist and another body , or a sole solicitor’s practice, succeeds to the whole or substantially the whole of its business;\n(eza) about the effect on the recognition of a sole solicitor’s practice where the sole solicitor ceases to practise as a sole principal and—\n(i) another sole solicitor succeeds that sole solicitor as sole principal in the practice; or\n(ii) a body or another sole solicitor succeeds to the whole or substantially the whole of the practice’s business;\n(ea) for the keeping by the Society of a register containing the names and places of business of all bodies and sole solicitors’ practices which are for the time being recognised under this section, and such other information relating to them as may be specified in the rules;\n(eb) for information (or information of a specified description) on such a register to be made available to the public, including provision about the manner in which, and times at which, information is to be made so available;\n(f) for rules made under any provision of the 1974 Act to have effect in relation to recognised bodies or recognised sole solicitors’ practices with such additions, omissions or other modifications as appear to the Society to be necessary or expedient;\n(fa) about the education and training requirements to be met by managers and employees of recognised bodies or employees in recognised sole solicitors’ practices ;\n(fb) for rules made under any provision of the 1974 Act to have effect in relation to managers and employees of recognised bodies or employees in recognised sole solicitors’ practices with such additions, omissions or other modifications as appear to the Society to be necessary or expedient;\n(fc) requiring recognised bodies to appoint a person or persons to monitor compliance, by the recognised body, its managers and its employees, with requirements imposed on them by or by virtue of this Act or any rules applicable to them by virtue of this section;\n(fd) requiring the sole solicitor in a recognised sole solicitor’s practice to appoint a person or persons to monitor compliance, by the sole solicitor and the employees in the practice, with requirements imposed on them by or by virtue of this Act, the 1974 Act or any rules applicable to them by virtue of this section or the 1974 Act;\n(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(h) for the manner of service on recognised bodies , or on sole solicitors in relation to recognised sole solicitors’ practices, of documents authorised or required to be served ... under or by virtue of this Part.\n(2ZA) Rules under subsection (2)(fd) may provide that the person appointed under that paragraph may be the sole solicitor.\n(2A) If rules under this section provide for the recognition of legal services bodies which have one or more managers who are not legally qualified, the rules must make provision—\n(a) for the recognition of such bodies to be suspended or revoked, on such grounds and in such circumstances as may be prescribed by the rules;\n(b) as to the criteria and procedure for the Society's approving, as suitable to be a manager of a recognised body, an individual who is not legally qualified (and for the Society's withdrawing such approval).\n(2B) Rules under this section may make provision for appeals to the High Court against decisions made by the Society under the rules—\n(a) to suspend or revoke the recognition of any body or sole solicitor’s practice ;\n(b) not to approve, as suitable to be the manager of a recognised body, an individual who is not legally qualified (or to withdraw such approval).\n(2C) The rules may provide for appeals against decisions within subsection (2B)(b) to be brought by the individual to whom the decision relates (as well as the body).\n(2D) In relation to an appeal under rules made by virtue of subsection (2B), the High Court may make such order as it thinks fit as to payment of costs.\n(2E) The decision of the High Court on such an appeal shall be final.\n(2F) Where the Society decides to recognise a body or a sole solicitor’s practice under this section it must grant that recognition subject to one or more conditions if—\n(a) the case is of a kind prescribed for the purposes of this section by rules made by the Society, and\n(b) the Society considers that it is in the public interest to do so.\n(2G) While a body or a sole solicitor’s practice is recognised under this section, the Society—\n(a) must direct that the ... recognition is to have effect subject to one or more conditions if—\n(i) the case is of a prescribed kind, and\n(ii) the Society considers that it is in the public interest to do so;\n(b) may, in such circumstances as may be prescribed, direct that the ... recognition is to have effect subject to such conditions as the Society may think fit.\n“Prescribed” means prescribed by rules made by the Society.\n(2H) The conditions which may be imposed under subsection (2F) or (2G) include—\n(a) conditions requiring the body , or the sole solicitor, to take specified steps that will, in the opinion of the Society, be conducive to the carrying on ... of an efficient business;\n(b) conditions which prohibit the body , or the sole solicitor, from taking any specified steps except with the approval of the Society;\n(c) if rules under this section provide for the recognition of legal services bodies which have one or more managers who are not legally qualified, a condition that all the managers of the body must be legally qualified.\n“Specified” means specified in the condition.\n(2I) Rules made by the Society may make provision about when conditions imposed under this section take effect (including provision conferring power on the Society to direct that a condition is not to have effect until the conclusion of any appeal in relation to it).\n(2J) Section 86A of the 1974 Act applies to rules under this section as it applies to rules under that Act.\n(2K) Rules under this section may contain such incidental, supplemental, transitional or transitory provisions or savings as the Society considers necessary or expedient.\n(3) Despite section 24(2) of the 1974 Act, section 20 of that Act (prohibition on unqualified person acting as solicitor) does not apply to a recognised body; and nothing in section 24(1) of that Act applies in relation to such a body.\n(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(5) A certificate signed by an officer of the Society and stating that any body or sole solicitor’s practice . . . is or is not, or was or was not at any time, recognised under this section shall, unless the contrary is proved, be evidence of the facts stated in the certificate; and a certificate purporting to be so signed shall be taken to have been so signed unless the contrary is proved.\n(6) Schedule 2 (which makes provision with respect to the application of provisions of the 1974 Act to recognised bodies, with respect to other matters relating to such bodies , and with respect to matters relating to recognised sole solicitors’ practices ) shall have effect.\n(7) Subject to the provisions of that Schedule, the Lord Chancellor may by order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament provide for any enactment or instrument passed or made before the commencement of this section and having effect in relation to solicitors to have effect in relation to recognised bodies with such additions, omissions or other modifications as appear to the Lord Chancellor to be necessary or expedient.\n(8) In this section—\n  * “the 1974 Act” means the Solicitors Act 1974;\n  * “the Society” has the meaning given by section 87(1) of the 1974 Act; . . .\n  * “legally qualified” and “legal services body” have the meaning given by section 9A;\n  * “manager”, in relation to a body, has the same meaning as in the Legal Services Act 2007 (see section 207 of that Act);\n  * “authorised person” means an authorised person in relation to an activity which is a reserved legal activity (within the meaning of the Legal Services Act 2007);\n  * references to employment in a recognised sole solicitor’s practice are references to employment by a sole solicitor for the purposes of a practice recognised under this section;\n  * “multi-national partnership” means a partnership whose members consist of one or more registered foreign lawyers and one or more solicitors;\n  * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n  * “recognised body” means a body . . . for the time being recognised under this section.\n  * “recognised sole solicitor’s practice” means a sole solicitor’s practice for the time being recognised under this section;\n  * “registered European lawyer\" means a person who is registered with the Law Society under regulation 17 of the European Communities (Lawyers’s Practice) Regulations 2000 , as that regulation has effect by virtue of regulation 6 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020.\n  * “sole solicitor” has the meaning given by section 87(1) of the 1974 Act;\n  * “solicitor services” means professional services such as are provided by individuals practising as solicitors or lawyers of other jurisdictions;\n    and a person has an interest in a body if the person has an interest in the body within the meaning of Part 5 of the Legal Services Act 2007 (see sections 72 and 109 of that Act).\n(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n9ALegal services bodies\n(1) For the purposes of section 9, a “legal services body” means a body (corporate or unincorporate) in respect of which —\n(a) the management and control condition, and\n(b) the relevant lawyer condition,\nare satisfied.\n(2) The management and control condition is satisfied if—\n(a) at least 75% of the body's managers are legally qualified,\n(b) the proportion of shares in the body held by persons who are legally qualified is at least 75%,\n(c) the proportion of voting rights in the body which persons who are legally qualified are entitled to exercise, or control the exercise of, is at least 75%,\n(d) all the persons with an interest in the body who are not legally qualified are managers of the body, and\n(e) all the managers of the body who are not legally qualified are individuals approved by the Society as suitable to be managers of a recognised body.\n(3) The Society may by rules under section 9 provide that, in relation to specified kinds of bodies, subsection (2) applies as if the references to 75% were to such greater percentage as may be specified (and different percentages may be specified for different kinds of bodies).\n(4) The relevant lawyer condition is satisfied in relation to a body if at least one manager of the body is—\n(a) a solicitor,\n(b) a registered European lawyer, or\n(c) a qualifying body.\n(5) For that purpose a qualifying body is a body in respect of which—\n(a) the management and control condition is satisfied\n(b) the relevant lawyer condition is satisfied by virtue of subsection (4)(a) or (b), and\n(c) the services condition is satisfied.\n(6) For the purposes of this section the following are legally qualified—\n(a) an authorised person who is an individual;\n(b) a registered foreign lawyer (within the meaning of section 89 of the Courts and Legal Services Act 1990 (c. 41));\n(c) an advocate or solicitor in Scotland;\n(ca) a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland;\n(d) an authorised person which is a body in respect of which—\n(i) the services condition is satisfied, and\n(ii) the management and control condition would be satisfied if the references in subsection (2) to persons who are legally qualified were to persons who are legally qualified by virtue of paragraphs (a) to (ca);\n(e) a body which provides professional services such as are provided by individuals who are authorised persons or lawyers of other jurisdictions, and in respect of which the management and control condition would be satisfied if the references in subsection (2) to persons who are legally qualified were to persons who are legally qualified by virtue of paragraphs (a) to (ca).\n(f) a legal partnership which—\n(i) was in existence immediately before the commencement of this paragraph,\n(ii) since that time has continued to be a partnership of the kind mentioned in rule 12.01(1)(b), 12.02(1)(b) or 12.04(1)(c)(i) of the pre-commencement conduct rules (framework of practice), and\n(iii) has not, since that time, had a body corporate (other than a body within paragraph (g)) as a member;\n(g) a body corporate which—\n(i) was recognised under section 9 immediately before the commencement of this paragraph, and\n(ii) has since that time continued to satisfy the requirements of rule 14.03(1) and 14.04(1) to (3) or the requirements of rule 14.05(1) to (3) of the pre-commencement conduct rules (restrictions on directors, owners etc. of incorporated practices);\n(h) a body which—\n(i) is an authorised person and satisfies the services condition, or\n(ii) provides professional services such as are provided by individuals who are authorised persons or lawyers of other jurisdictions,\nand which satisfies the requirements of rules under subsection (6C).\n(6A) For the purposes of subsection (6)(f), a partnership is to be treated as the same partnership despite a change in membership, if any person who was a member before the change remains a member.\n(6B) For the purposes of subsection (6)(f) and (g), the references in the pre-commencement conduct rules to a recognised body are to be construed as references to a body which was recognised under section 9 immediately before the commencement of subsection (6)(f) and (g).\n(6C) The Society must make rules for the purposes of paragraph (h) of subsection (6) prescribing the requirements relating to management and control which must be satisfied by or in relation to a body for it to fall within that paragraph.\n(7) For the purposes of this section, the services condition is satisfied in relation to a body if the body provides only services which may be provided by a recognised body (having regard to rules under section 9(1A) and (1C)).\n(8) For the purposes of this section—\n  * “authorised person” has the same meaning as in section 9;\n  * ...\n  * “legal partnership” means a partnership in which a solicitor, a registered European lawyer or a recognised body is permitted to practise by virtue of rules made under section 31 of the Solicitors Act 1974 (c. 47), as those rules had effect immediately before the commencement of subsection (6)(f);\n  * “manager”, in relation to a body, has the meaning given by section 9;\n  * “pre-commencement conduct rules” means rules under Part 2 of the Solicitors Act 1974 or section 9 of this Act, known as the Solicitors' Code of Conduct 2007, as those rules had effect immediately before the commencement of subsection (6)(f) and (g);\n  * “recognised body” has the same meaning as in section 9(subject to subsection (6B) above);\n  * “registered European lawyer” has the same meaning as in section 9;\n  * “shares” has the same meaning as for the purposes of Part 5 of the Legal Services Act 2007 (see sections 72 and 109 of that Act);\n  * “the Society” has the meaning given by section 87(1) of the Solicitors Act 1974;\n  * “specified” means specified in rules made by the Society;\nand a person has an interest in a body if the person has an interest in the body for the purposes of section 9.\n\n10 Penalty for pretending to be a body recognised under s. 9.\n(1) A body . . . shall not describe itself or hold itself out as a body . . . for the time being recognised under section 9 unless it is so recognised.\n(2) Any body . . . which contravenes subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding the fourth level on the standard scale.\n(3) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of an officer of the body corporate, that officer (as well as the body corporate) is guilty of the offence and is liable to be proceeded against and punished accordingly.\n(4) Where the affairs of a body corporate are managed by its members, subsection (3) applies in relation to the acts and defaults of a member in connection with the member's functions of management as it applies to an officer of the body corporate.\n(5) Proceedings for an offence under this section alleged to have been committed by an unincorporated body are to be brought in the name of that body (and not in that of any of its members) and, for the purposes of any such proceedings, any rules of court relating to the service of documents have effect as if that body were a corporation.\n(6) A fine imposed on an unincorporated body on its conviction of an offence under this section is to be paid out of the funds of that body.\n(7) If an unincorporated body is charged with an offence under this section, section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43) (procedure on charge of an offence against a corporation) have effect in like manner as in the case of a corporation so charged.\n(8) Where an offence under this section committed by an unincorporated body (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the body or any member of its governing body, that officer or member as well as the unincorporated body is guilty of the offence and liable to be proceeded against and punished accordingly.\n(9) Where an offence under this section committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.\n(10) In this section “officer”, in relation to a body corporate, means—\n(a) any director, secretary or other similar officer of the body corporate, or\n(b) any person who was purporting to act in any such capacity.\n(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n10A.Penalty for sole solicitor pretending that practice is recognised\n(1) A sole solicitor shall not describe or hold out the sole solicitor’s practice as a practice for the time being recognised under section 9 unless it is so recognised.\n(2) Any person who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.\n(3) In this section “sole solicitor” has the same meaning as in section 9.\n\nPart II Licensed Conveyancing\n\nPreliminary\n\n11 Provision of conveyancing services by licensed conveyancers.\n(1) The provisions of this Part shall have effect for the purpose of regulating the provision of conveyancing services and other services by persons who hold licences in force under this Part or who are recognised bodies.\n(2) In this Part—\n  * “licence” means a licence to practise as a licensed conveyancer;\n  * “licensed conveyancer” means a person who holds a licence in force under this Part;\nand references in this Part to practising as a licensed conveyancer are references to providing, as the holder of such a licence, conveyancing services in accordance with the licence.\n(3) References in this Part to conveyancing services are references to—\n(a) the preparation of transfers, conveyances, contracts and other documents in connection with, and other services ancillary to, the disposition or acquisition of estates or interests in land, and\n(b) any other activities which are reserved instrument activities for the purposes of the Legal Services Act 2007 (see section 12 of and Schedule 2 to that Act).\n(3A) For the purposes of subsection (3)—\n(a)“disposition”\n(i) does not include a testamentary disposition or any disposition in the case of such a lease as is referred to in section 54(2) of the Law of Property Act 1925 (short leases), but\n(ii) subject to that, includes in the case of leases both their grant and their assignment, and\n(b)“acquisition” has a corresponding meaning.\n(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nThe Council for Licensed Conveyancers\n\n12 Establishment of the Council.\n(1) For the purposes of this Part there shall be a body to be known as the Council for Licensed Conveyancers.\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3) Schedule 3 shall have effect with respect to the Council.\n\nTraining and licensing of persons seeking to practise as licensed conveyancers\n\n13 Training rules.\n(1) The Council shall make rules relating to the education and training of those seeking to practise as licensed conveyancers, and those rules shall, in particular, include provisions prescribing—\n(a) the examinations to be taken by such persons; and\n(b) requirements as to practical training and experience.\n(2) Rules made by the Council under this section may—\n(a) prescribe minimum standards of general education that must have been attained by persons who seek to practise as licensed conveyancers;\n(b) provide for the recognition by the Council of courses of study provided by educational institutions or other bodies as being adequate for the purpose of preparing candidates for any examinations held in pursuance of subsection (1)(a);\n(c) prescribe any education or training to be undergone by persons who are licensed conveyancers, and, in connection therewith, provide for the approval by the Council of courses of study provided by educational institutions or other bodies;\n(d) include provision for the charging of fees by the Council;\n(e) make different provision in relation to different classes of persons.\n(3) Rules under subsection (1)(b) may provide—\n(a) for the manner in which a person may satisfy the Council that he has complied with any requirement of the rules as to practical experience;\n(b) for attendance by a person at a training course approved by the Council for the purposes of the rules to count as practical training for those purposes.\n(4) Without prejudice to the generality of subsection (2)(e), rules under this section may provide for persons who—\n(a) hold such qualifications as may be specified in the rules; or\n(b) have acquired such experience in relation to the provision of conveyancing services as may be so specified; or\n(c) satisfy such other conditions as may be so specified, to be exempt from any of the requirements of the rules.\n(5) The Council may—\n(a) appoint, or approve the appointment of, persons as examiners or moderators in connection with examinations held in pursuance of subsection (1)(a); and\n(b) remunerate any person appointed by it under paragraph (a) of this subsection.\n\n14 Applications for licences.\n(1) An application for a licence under this Part shall be made to the Council in such manner, and shall be accompanied by such fee, as may be prescribed by rules made by the Council under this section.\n(2) Any such rules—\n(a) may prescribe the forms to be used in connection with applications for licences under this Part;\n(b) may provide for applications of any description specified in the rules to be exempt from any of the requirements of the rules.\n\n15 Issue of licences by Council.\n(1) If, on an application for a licence under this Part made in accordance with section 14, the Council is satisfied—\n(a) that the applicant has complied with such rules under section 13 (if any) as are applicable in his case; and\n(b) that he has made adequate arrangements for the purpose of complying with any rules made under or for the purposes of section 21(1); and\n(c) that he is a fit and proper person to practise as a licensed conveyancer or, in the case of an applicant in relation to whom section 16 has effect, that he is a fit and proper person to practise as such a conveyancer subject to his complying with any particular conditions that may be imposed under that section,\nthe Council shall issue the applicant either with a licence free of conditions or with a licence subject to such conditions as aforesaid, as the case may require.\n(2) If the Council is for any reason not so satisfied it shall refuse the application, and shall notify the applicant of the refusal of the application and of the grounds on which it has been refused.\n(3) Where—\n(a) an application for a licence has been made in accordance with section 14; and\n(b) the Council has within the period prescribed under subsection (3A) neither issued a licence in pursuance of the application nor refused the application under subsection (2),\nthen, for the purposes of this Part, the application shall be deemed to have been so refused by the Council, and the applicant shall be deemed to have been notified of the refusal at the end of the said period.\n(3A) The Council must by rules prescribe the period that applies for the purposes of subsection (3)(b).\n(4) Subject to the provisions of this Part, the period for which a licence shall be in force under this Part shall be such period, beginning with the date of issue of the licence, as may be specified in the licence.\n(4A) The period specified in a licence under subsection (4) may be a fixed or indefinite period.\n(5) Where—\n(a) an application for a licence is made in accordance with section 14 by a person who, at the date of the application, already holds a licence under this Part; and\n(b) no new licence is issued to him in pursuance of the application before the time when his existing licence would, apart from this subsection, expire in accordance with subsection (4),\nhis existing licence shall not expire at that time but shall continue in force until a new licence is issued to him in pursuance of the application or, if the application is refused by the Council—\n(i) until the end of the period within which an appeal may be brought against the refusal under section 29(1)(a); or\n(ii) if such an appeal is brought, until the appeal is determined or abandoned.\n(6) Where an applicant for a licence under this Part has held such a licence at any time within the period of twelve months ending with the date of his application, any licence granted to him in pursuance of the application shall, unless the Council directs otherwise, be deemed to have been issued on the day following the date when his previous licence expired in accordance with subsection (4) (or would have so expired but for subsection (5)) and accordingly to have been held by him as from that day.\n(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n16 Conditional licences.\n(1) Subject to subsection (4), this section has effect in any case where a person applies for a licence under this Part—\n(a) for the first time;\n(b) when conditions under this section have been imposed on a licence under this Part previously issued to him;\n(ba) when conditions under paragraph 5 of Schedule 8 to the Courts and Legal Services Act 1990 have been imposed on a licence under section 53 of that Act previously issued to him;\n(c) when, on the first day of the period to which the licence would (if granted) relate, a period of twelve months or more will have elapsed since he held a licence in force under this Part or a licence in force under section 53 of the Courts and Legal Services Act 1990 ;\n(ca) after the Investigating Committee established under section 24 has made any order in his case under section 24A (including that section as applied by section 53 of the Courts and Legal Services Act 1990) ;\n(d) after the Discipline and Appeals Committee established under section 25 have made any order in his case under section 26 (including that section as applied by section 53 of the Courts and Legal Services Act 1990) ;\n(e) after he has been invited by the Council to give an explanation in respect of any matter relating to his conduct and has failed to give an explanation in respect of that matter which the Council regards as satisfactory, and has been notified in writing by the Council that he has so failed;\n(ea) when, having been required by rules made under section 22 (including that section as applied by section 53 of the Courts and Legal Services Act 1990) to deliver to the Council a report by an accountant, he has not delivered such a report within the period required by the rules;\n(eb) after having been disqualified under section 99 of the Legal Services Act 2007 (disqualification from being manager or employee of a licensed body etc);\n(ec) after his holding of a restricted interest in a licensed body has been approved subject to conditions under paragraph 17, 28 or 33 of Schedule 13 to that Act (ownership of licensed bodies) or objected to under paragraph 19, 31 or 36 of that Schedule;\n(f) while he is an undischarged bankrupt . . . ;\n(fa) while a moratorium under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986);\n(g) after having been made bankrupt and discharged or after having entered into a composition with his creditors ...;\n(ga) after a debt relief order has been made in respect of him and at the end of the moratorium period applicable to the order he has been discharged from all the qualifying debts specified in the order;\n(h) while he is a person as to whom powers have been exercised under section 98 of the Mental Health Act 1983 (judge’s powers in cases of emergency);\n(i) after having been committed to prison in civil proceedings;\n(ia) after having been convicted of an offence involving dishonesty or deception or an indictable offence; or\n(j) after having had given against him any judgment which involves the payment of money, not being a judgment—\n(i) limited to the payment of costs; or\n(ii) as to whose whole effect upon him he is entitled to indemnity or relief from some other person; or\n(iii) evidence of whose satisfaction has been produced to the Council.\n(2) In any case where this section has effect the Council may, on issuing a licence to the applicant under section 15, issue it subject to such conditions as the Council thinks fit; and the Council’s decision in any such case to impose any particular conditions under this subsection may be made by reference to such criteria of general application as may have been determined by the Council.\n(3) Without prejudice to the generality of subsection (2), conditions may be imposed under that subsection—\n(a) for restricting the kinds of conveyancing services that may be provided by the applicant as a licensed conveyancer; or\n(b) for requiring the applicant to take any specified steps that will, in the opinion of the Council, be conducive to his carrying on an efficient practice as a licensed conveyancer;\nand conditions may be imposed under that subsection (whether for the purpose mentioned in paragraph (b) or otherwise) notwithstanding that they may result in expenditure being incurred by the applicant.\n(4) Where a licence free of conditions is issued by the Council under section 15 to an applicant in relation to whom this section has effect by reason of any such circumstances as are mentioned in paragraph (ca),(d), (e), (ea), (eb), (ec),(f), (fa), (g), (ga) , (h), (i) or (j) of subsection (1), then, except in the case of any circumstances of whose existence the Council is unaware at the time the licence is issued, this section shall not thereafter have effect in relation to that person by reason of those circumstances.\n(5) Where the Council decides to issue an applicant with a licence subject to conditions, it may, if it thinks fit, direct that the conditions shall not have effect—\n(a) pending the hearing and determination of any appeal brought by the applicant under section 29(1)(b);\n(aa) pending the hearing and determination of any appeal brought by the applicant under paragraph 18, 20, 29, 32, 34 or 37 of Schedule 13 to the Legal Services Act 2007;\n(ab) pending the review by a licensing authority, in accordance with its licensing rules, of a determination that the applicant should be disqualified under section 99 of the Legal Services Act 2007; or\n(b) if this section has effect in relation to the applicant by reason only of any such circumstances as are mentioned in paragraph (f), (i) or (j) of subsection (1) and an appeal has been made to the appropriate court against the order or judgment in question, pending the hearing and determination of that appeal.\n(6) In this section—\n  * “licensed body”, “licensing authority” and “licensing rules” have the same meaning as in the Legal Services Act 2007 (see sections 71, 73 and 83 of that Act);\n  * “restricted interest”, in relation to a body, has the same meaning as in Schedule 13 to that Act (ownership of licensed bodies).\n\n16AAdditional fee payable by certain persons when applying for licences\n(1) This section applies where a person applies for a licence at a time when section 16 has effect in relation to him by reason of the circumstances mentioned in section 16(1)(ea).\n(2) The application must be accompanied by an additional fee of an amount prescribed by rules made by the Council for the purposes of this section.\n\n17 Imposition of conditions during currency of licence.\n(1) Subject to the provisions of this section the Council may in the case of any licensed conveyancer direct that his licence shall have effect subject to such conditions as the Council thinks fit.\n(2) The power to give a direction under this section in the case of any licensed conveyancer shall be exercisable by the Council at any time during the period for which his licence is in force if—\n(a) in the event of an application for a licence being made by him at that time, section 16 would have effect in relation to him by reason of any such circumstances as are mentioned in paragraph (ca),(d), (e), (ea), (eb), (ec),(i) or (j) of subsection (1) of that section; or\n(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(c) he has entered into a composition with his creditors ....\n(3) Subject to subsection (4), the conditions specified in a direction under this section shall have effect as from the time when the licensed conveyancer concerned is notified of the Council’s decision to give the direction.\n(4) The Council may, if it thinks fit, provide in a direction given under this section in the case of any licensed conveyancer that the conditions specified in the direction shall not have effect—\n(a) pending the hearing and determination of any appeal brought by the licensed conveyancer under section 29(1)(c);\n(aa) pending the hearing and determination of any appeal brought by the licensed conveyancer under paragraph 18, 20, 29, 32, 34 or 37 of Schedule 13 to the Legal Services Act 2007;\n(ab) pending the review by a licensing authority, in accordance with its licensing rules, of a determination that the licensed conveyancer should be disqualified under section 99 of the Legal Services Act 2007; or\n(b) if an appeal has been made by the licensed conveyancer to the appropriate court against any order or judgment which, if successful, would result in subsection (2) no longer being applicable to him, pending the hearing and determination of that appeal.\n(5) Subsection (3) of section 16 shall apply for the purposes of subsection (1) of this section as it applies for the purposes of subsection (2) of that section.\n(6) In this section “licensing authority” and “licensing rules” have the same meaning as in the Legal Services Act 2007 (see sections 73 and 83 of that Act).\n\n17AVariation of conditions\n(1) This section applies where a licensed conveyancer's licence has effect subject to conditions.\n(2) On an application made by the licensed conveyancer, the Council may in prescribed circumstances direct—\n(a) the removal of a condition;\n(b) the variation of a condition in the manner described in the application.\n(3)“Prescribed” means prescribed by rules made by the Council.\n(4) Section 14 (applications for licences) applies in relation to an application under this section as it applies in relation to applications for a licence under this Part.\n\n18 Suspension or termination of licences.\n(1) Where an adjudication in bankruptcy is made against a licensed conveyancer or a debt relief order (under Part 7A of the Insolvency Act 1986) is made in respect of a licensed conveyancer , any such adjudication or any such order shall operate immediately to suspend the licence held by that person under this Part; and, subject to subsection (2), the suspension of the licence shall continue until the licence expires.\n(2) The suspension of a licence by virtue of subsection (1) shall terminate if the adjudication in question is annulled and an office copy of the order annulling the adjudication is served on the Council.\n(2ZA) The suspension of a licence by virtue of subsection (1) shall terminate—\n(a) if the debt relief order is revoked for reasons falling within section 251L(2)(d) of the Insolvency Act 1986 and a copy of the notice of the decision to revoke given to the debtor pursuant to Rule 9.18 of the Insolvency (England and Wales) Rules 2016 is provided to the Council or the debt relief order is revoked by the court under section 251M(e) and a copy of the order is provided to the Council; or\n(b) if the debt relief order is revoked and a period of one year has elapsed beginning with the effective date of the order\n(2A) Where the power conferred by paragraph 6(1) or 9(1) of Schedule 5 has been exercised in relation to a licensed conveyancer by virtue of paragraph 1(1)(a)(i), (aa), (c) or (e) of that Schedule, the exercise of that power shall operate immediately to suspend any licence held by that person under this Part.\n(2B) Subsection (2A) does not apply if, at the time when the power referred to there is exercised, the Council directs that subsection (2A) is not to apply in relation to the licensed conveyancer concerned.\n(2C) If, at the time when the power referred to in subsection (2A) is exercised, the Council gives a direction to that effect, the licensed conveyancer concerned may continue to act in relation to any matter specified in the direction as if the licence had not been suspended by virtue of subsection (2A), but subject to such conditions (if any) as the Council sees fit to impose.\n(2CA) Where the power conferred by paragraph 6(1) or 9(1) of Schedule 5 is exercised in relation to a recognised body by virtue of paragraph 10(1)(a) of Schedule 6, the exercise of that power shall operate immediately to suspend any licence under this Part held by a person who is a manager of the recognised body.\n(2CB) Where the power conferred by paragraph 6(1) or 9(1) of Schedule 5 is exercised in relation to a recognised body by virtue of paragraph 10(1)(d) of Schedule 6, the exercise of that power shall operate immediately to suspend any licence under this Part held by a person who is—\n(a) a manager of the recognised body, or\n(b) an employee of the recognised body.\n(2CC) Where the power conferred by paragraph 3(1) or 8(1) of Schedule 14 to the Legal Services Act 2007 is exercised in relation to a licensed body by virtue of paragraph 1(2)(d) of that Schedule, the exercise of that power shall operate immediately to suspend any licence under this Part held by a person who is—\n(a) a manager of the licensed body, or\n(b) an employee of the licensed body.\n(2CD) At the time when the power referred to in subsection (2CA), (2CB) or (2CC) is exercised, the Council may direct that subsection (2CA), (2CB) or (2CC) (as the case may be) is not to apply in relation to a particular licensed conveyancer.\n(2CE) The Council may give a direction under subsection (2CD) in relation to a licensed conveyancer only if—\n(a) the Council is satisfied that the licensed conveyancer did not fail to comply with the rules applicable to the recognised body by virtue of section 32, or contribute to the body's failure to comply with such rules, in a case where the Council acts by virtue of paragraph 10(1)(a) of Schedule 6,\n(b) the Council does not suspect the licensed conveyancer of dishonesty, in a case where the Council acts by virtue of—\n(i) paragraph 10(1)(d) of Schedule 6, or\n(ii) paragraph 1(2)(d) of Schedule 14 to the Legal Services Act 2007,\n(c) the Council is satisfied that the licensed conveyancer was not a manager of the recognised body when the conduct providing the basis for the exercise of the power in paragraph 6(1) or 9(1) of Schedule 5 took place, in a case where the Council acts by virtue of paragraph 10(1)(a) of Schedule 6,\n(d) the Council is satisfied that the licensed conveyancer was not a manager or employee of the recognised body when the conduct providing the basis for the exercise of the power in paragraph 6(1) or 9(1) of Schedule 5 is suspected of having taken place, in a case where the Council acts by virtue of paragraph 10(1)(d) of Schedule 6, and\n(e) the Council is satisfied that the licensed conveyancer was not a manager or employee of the licensed body when the conduct providing the basis for the exercise of the power in paragraph 3(1) or 8(1) of Schedule 14 to the Legal Services Act 2007 is suspected of having taken place, in a case where the Council acts by virtue of paragraph 1(2)(d) of Schedule 14 to that Act.\n(2CF) At the time when the power referred to in subsection (2CA), (2CB) or (2CC) is exercised, the Council may direct that such of the licensed conveyancers concerned as are identified in the direction may continue to act in relation to any matter specified in the direction as if their licences had not been suspended by virtue of subsection (2CA), (2CB) or (2CC) (as the case may be), subject to such conditions (if any) as the Council sees fit to impose.\n(2D) Subject to subsection (2E), where a licence is suspended by virtue of subsection (2A) , (2CA), (2CB) or (2CC) the suspension of the licence shall continue until the licence expires.\n(2E) The licensed conveyancer may, at any time before the licence expires, apply to the Council to terminate the suspension.\n(2F) On an application under subsection (2E), the Council may in its discretion—\n(a) by order terminate the suspension either unconditionally or subject to such conditions as the Council may think fit, or\n(b) refuse the application.\n(2G) If on an application by a licensed conveyancer under subsection (2E) the Council refuses the application or terminates the suspension subject to conditions, the licensed conveyancer may appeal against the decision of the Council to the First-tier Tribunal which may—\n(a) affirm the decision, or\n(b) terminate the suspension either unconditionally or subject to such conditions as it may think fit.\n(2H). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3) A licence held by a person under this Part shall terminate if he becomes a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to practise as a licensed conveyancer.\n(4) For the purposes of this Part a licence shall be treated as not being in force at any time while it is suspended by virtue of any provision of this Part.\n\n19 Register of licensed conveyancers.\n(1) The Council shall establish and maintain, in such form as the Council may determine, a register containing the names and places of business of all persons who for the time being hold licences in force under this Part.\n(1A) The Council may make rules specifying the further information, including information about disciplinary measures taken, to be recorded in the register in relation to a person.\n(2) The Council shall ... cause the appropriate entries and deletions to be made in the register on the issue and termination of licences under this Part; and where any licence held by a person is for the time being suspended by virtue of any provision of this Part the Council shall cause that fact to be noted in the register against that person’s name.\n(3) Any change in a licensed conveyancer’s place or places of business shall be notified by him to the Council within the period of fourteen days beginning with the date on which the change takes effect.\n(4) The Council shall provide facilities for making the information contained in the entries in the register available for inspection in visible and legible form by any person during office hours and without payment.\n(5) A certificate signed by an officer of the Council appointed for the purpose and stating—\n(a) that any person does or does not, or did or did not at any time, hold a licence in force under this Part; or\n(b) that any licence held by any person is or was at any time either free of conditions or subject to any particular conditions,\nshall, unless the contrary is proved, be evidence of the facts stated in the certificate; and a certificate purporting to be so signed shall be taken to have been so signed unless the contrary is proved.\n\nCode of conduct\n\n20 Rules as to professional practice, conduct and discipline.\n(1) The Council shall . . . make rules for regulating the professional practice, conduct and discipline of licensed conveyancers.\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nFinancial requirements\n\n21 Professional indemnity and compensation.\n(1) The Council shall make rules for indemnifying licensed conveyancers and former licensed conveyancers against losses arising from claims in respect of any description of civil liability incurred by them, or by employees or associates or former employees or associates of theirs, in connection with their practices as licensed conveyancers.\n(2) The Council shall also make rules for the making of grants or other payments for the purpose of relieving or mitigating losses suffered by persons in consequence of—\n(a) negligence or fraud or other dishonesty on the part of licensed conveyancers, or of employees or associates of theirs, in connection with their practices (or purported practices) as licensed conveyancers; or\n(b) failure on the part of licensed conveyancers to account for money received by them in connection with their practices (or purported practices) as licensed conveyancers.\n(2A) The power of the Council to make rules under subsection (2) shall apply in relation to the practices of licensed conveyancers mentioned in subsection (2B) as it applies to their practices as licensed conveyancers.\n(2B) The practices referred to in subsection (2A) are the practices of licensed conveyancers which consist of carrying on a relevant activity by virtue of a licence issued under section 53 of the Courts and Legal Services Act 1990 (which provides for the Council to authorise the carrying on of certain reserved legal activities in relation to which the Council is designated as an approved regulator).\n(2C) For the purposes of subsection (2B) “relevant activity” has the same meaning as in section 53 of the Courts and Legal Services Act 1990.\n(3) For the purpose of providing such indemnity and of enabling such grants or other payments to be made, rules under this section—\n(a) may authorise or require the Council to establish and maintain a fund or funds;\n(b) may authorise or require the Council to take out and maintain insurance with authorised insurers;\n(c) may require licensed conveyancers or licensed conveyancers of any specified description to take out and maintain insurance with authorised insurers.\n(4) Without prejudice to the generality of the preceding subsections, rules under this section—\n(a) may specify the terms and conditions on which indemnity or a grant or other payment is to be available, and any circumstances in which the right to it is to be excluded or modified;\n(b) may provide for the management, administration and protection of any fund maintained by virtue of subsection (3)(a) and require licensed conveyancers or licensed conveyancers of any specified description to make payments to any such fund;\n(c) may require licensed conveyancers or licensed conveyancers of any specified description to make payments towards the premium payable on any insurance policy maintained by the Council by virtue of subsection (3)(b);\n(d) may prescribe the conditions which an insurance policy must satisfy for the purposes of subsection (3)(c);\n(e) may authorise the Council to determine the amount of any payments required by the rules, subject to such limits, or in accordance with such provisions, as may be prescribed by the rules;\n(f) may specify circumstances in which, where a licensed conveyancer for whom indemnity is provided has failed to comply with the rules, the Council or insurers may take proceedings against him in respect of sums paid by way of indemnity in connection with a matter in relation to which there has been a failure to comply with the rules;\n(g) may specify circumstances in which, where a grant or other payment is made in consequence of the act or omission of a licensed conveyancer, the Council or insurers may take proceedings against him in respect of the sum so paid;\n(h) may specify circumstances in which licensed conveyancers are exempt from any of the requirements of the rules;\n(i) may empower the Council to take such steps as it considers necessary or expedient to ascertain whether or not the rules are being complied with; and\n(j) may contain incidental, procedural or supplementary provisions.\n(5) “Authorised insurer” means—\n(a) a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to effect or carry out contracts of insurance of a relevant class;\n(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(6) A contract of insurance is of a relevant class for the purposes of subsection (5) if it insures against a risk arising from—\n(a) accident;\n(b) credit;\n(c) legal expenses;\n(d) general liability to third parties;\n(e) sickness;\n(f) suretyship; or\n(g) miscellaneous financial loss.\n(7) Subsections (5) and (6) must be read with—\n(a) section 22 of the Financial Services and Markets Act 2000;\n(b) any relevant order under that section; and\n(c) Schedule 2 to that Act.\n\n22 Keeping of accounts and establishment of client accounts.\n(1) The Council shall make rules requiring licensed conveyancers to keep such accounts in relation to their practices as may be prescribed by the rules.\n(2) The Council shall also make rules requiring licensed conveyancers—\n(a) to open and keep at authorised institutions accounts for clients’ money;\n(b) to hold and pay out money so received in such manner as may be prescribed by the rules; and\n(c) without prejudice to the generality of subsection (1), to keep accounts containing particulars and information as to money received or held or paid by them for or on account of their clients;\nand rules under this subsection shall specify the institutions which are authorised for the purposes of rules under paragraph (a).\n(3) Rules under subsection (1) or (2) of this section may empower the Council—\n(a) to require licensed conveyancers to deliver to the Council at such intervals as may be prescribed by the rules reports given by . . . accountants and containing such information as may be so prescribed—\n(i) for the purpose of giving a true and fair view of the state of their businesses; or\n(ii) for the purpose of enabling the Council to ascertain whether or not the rules have been complied with;\n(b) to take such other steps as it considers necessary or expedient for the latter purpose;\nand any such rules may specify circumstances in which persons are exempt from any of the requirements of the rules.\n(4) Provision made in rules by virtue of subsection (3)(a) may provide that the reports delivered to the Council must be reports given by accountants in respect of whom requirements prescribed by the rules are met.\n\n23 Interest on clients’ money.\n(1) Rules made under subsection (2) of section 22 shall make provision for requiring a licensed conveyancer who has received money from a client to account, in such cases as may be prescribed by the rules, to the person who is or becomes entitled to the money for the interest which was, or could have been, earned by putting the money in a separate deposit account at an institution authorised for the purposes of rules under paragraph (a) of that subsection.\n(2) The cases in which a licensed conveyancer may be required to account for interest by rules made by virtue of subsection (1) may be defined by reference to, among other things, the amount of the sum held or received by him or the period for which it is likely to be retained, or both; and any such rules may include provision for enabling a client (without prejudice to any other remedy) to require that any question arising under the rules in relation to the client’s money be referred to and determined by the Council.\n(3) Except as provided by any rules so made and subject to subsection (4), a licensed conveyancer who maintains an account in pursuance of section 22(2)(a) in which he keeps money received or held for or on account of his clients generally shall not be liable to account to any person for interest received by him on money in that account.\n(4) Nothing in this section or in any rules under section 22(2) shall affect any arrangement in writing between a licensed conveyancer and his client as to the application of the client’s money or the payment of interest on it.\n\nDisciplinary and other proceedings\n\n24 Preliminary investigation of disciplinary cases.\n(1) The Council shall establish a committee, to be known as the Investigating Committee, for the consideration of cases in which—\n(a) it is alleged that a licensed conveyancer—\n(i) has (whether while a licensed conveyancer or not) been convicted by any court in the United Kingdom of a criminal offence which renders him unfit to practise as a licensed conveyancer; or\n(ii) has, while holding a licence in force under this Part, failed to comply with any condition to which that licence was subject; or\n(iii) has failed to comply with any rules made by the Council under this Part; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n. . .\n(1A) The Investigating Committee shall make a preliminary investigation of such an allegation and—\n(a) hear and determine the allegation, or\n(b) refer the allegation to the Discipline and Appeals Committee established under section 25 for hearing and determination by that Committee under section 26.\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3) Any reference in subsection (1) . . . to a licensed conveyancer in relation to any such allegation . . . as is mentioned in paragraph (a)(ii) or (iii) . . . of subsection (1) includes a reference to a person who was a licensed conveyancer at the time when the conduct to which the allegation . . . relates took place.\n(4) The Council shall make rules as to the constitution of the Investigating Committee and any such rules may provide for the appointment to the Committee of persons (whether licensed conveyancers or not) who are not members of the Council.\n(4A) The Council shall make rules as to the cases in which the Investigating Committee may hear and determine an allegation, and the cases in which they must refer an allegation to the Discipline and Appeals Committee.\n(5) where it appears to the Investigating Committee—\n(a) that any such allegation . . . as is mentioned in subsection (1) ought to be referred to the Discipline and Appeals Committee for hearing and determination by that Committee under section 26; and\n(b) that it is necessary for the protection of consumers to do so,\nthe Investigating Committee may, if they think fit, direct that any licence held by the licensed conveyancer in question shall be suspended until the allegation . . . is determined by the Discipline and Appeals Committee or until the expiration of such period as may be prescribed by rules made by the Council, whichever is the earlier.\n(6) Before making a direction under subsection (5), the Investigating Committee must give the licensed conveyancer an opportunity to make representations against the making of the proposed direction.\n(7) In relation to proceedings under subsection (6), the Investigating Committee may make such order as they think fit as to the payment of costs by—\n(a) the Council, or\n(b) the licensed conveyancer.\n(8) Where a direction under subsection (5) has been made, the licensed conveyancer may appeal to the Discipline and Appeals Committee, and on any such appeal the Committee may make such order as they think fit.\n(9) Where an order has been made under subsection (7) the Council or the licensed conveyancer may appeal to the Discipline and Appeals Committee, and on any such appeal the Committee may make such order as they think fit.\n(10) Where an order is made by the Discipline and Appeals Committee under subsections (8) or (9)—\n(a) the person against whom the order is made, and\n(b) if not within paragraph (a), the Council,\nmay appeal against the order to the First-tier Tribunal .\n(11) On an appeal under subsection (10) the First-tier Tribunal may make such order as it thinks fit.\n(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n24ADetermination of allegations by Investigating Committee\n(1) Where, on hearing an allegation by virtue of section 24(1A)(a), the Investigating Committee are satisfied that a licensed conveyancer—\n(a) has, while holding a licence in force under this Part, failed to comply with any condition to which that licence was subject, or\n(b) has failed to comply with any rules made by the Council under this Part,\nthe Committee may, if they think fit, make an order directing the payment by the licensed conveyancer of a penalty to be forfeited to Her Majesty.\n(2) In relation to proceedings before the Investigating Committee by virtue of section 24(1A)(a), the Committee may make such order as they consider fit as to the payment of costs by—\n(a) the Council,\n(b) the licensed conveyancer against whom the proceedings were brought, or\n(c) if the person on whose allegation the proceedings were brought was heard (in person, or through a representative) by the Committee in the course of the proceedings, that person.\n(3) In subsection (2), for the purposes of paragraph (a) or (b) of that subsection, the reference to costs includes costs incurred in connection with a preliminary investigation of the allegation under section 24(1A).\n(4) The amount of any penalty required to be paid under subsection (1) may not exceed such amount as may be prescribed by rules made by the Council for the purposes of this subsection.\n(5) Paragraphs 1, 2(1) and (3) and 4 of Schedule 4 have effect in relation to—\n(a) proceedings for the hearing and determination of an allegation by the Investigating Committee, as they have effect in relation to proceedings before the Discipline and Appeals Committee under section 26, and\n(b) orders of the Investigating Committee, as they have effect in relation to orders of the Discipline and Appeals Committee.\n(6) A person against whom an order is made by the Investigating Committee by virtue of subsection (1) may appeal to the Discipline and Appeals Committee, and on any such appeal the Discipline and Appeals Committee may make such order as they think fit.\n(7) Where an order is made by the Investigating Committee by virtue of subsection (2), a person listed in paragraphs (a) to (c) of that subsection may appeal to the Discipline and Appeals Committee, and on any such appeal the Discipline and Appeals Committee may make such order as they think fit.\n(8) Where an order is made by the Discipline and Appeals Committee under subsection (6) or (7)—\n(a) a party to the appeal, or\n(b) if not within paragraph (a), the Council,\nmay appeal against the order to the First-tier Tribunal .\n(9) On an appeal under subsection (8) the First-tier Tribunal may make such order as it thinks fit.\n(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n25 The Discipline and Appeals Committee.\n(1) The Council shall establish a committee, to be known as the Discipline and Appeals Committee, for the hearing and determination of—\n(a) cases referred to them by the Investigating Committee under section 24; and\n(b) applications and appeals made or brought under section 24A, 27, 28 or 29.\n(2) The Council shall make rules as to the constitution of the Discipline and Appeals Committee, the times and places of the meetings of the Committee, the quorum and the mode of summoning the members of the Committee.\n(3) Rules under this section—\n(a) shall secure that a person who acted in relation to any case as a member of the Investigating Committee does not act in relation to that case as a member of the Discipline and Appeals Committee;\n(b) may provide for the appointment to the Discipline and Appeals Committee of persons (whether licensed conveyancers or not) who are not members of the Council.\n\n26 Proceedings in disciplinary cases.\n(1) Where on the hearing of any allegation referred to them under section 24(1A)(b) the Discipline and Appeals Committee are satisfied that a licensed conveyancer—\n(a) has been convicted as mentioned in section 24(1)(a)(i) of an offence which renders him unfit to practise as a licensed conveyancer;\n(b) has, while holding a licence in force under this Part, failed to comply with any condition to which that licence was subject; or\n(c) has failed to comply with any rules made by the Council under this Part,\nthe Committee may, if they think fit, make one or more of the orders referred to in subsection (2).\n(2) Those orders are—\n(a) an order revoking any licence under this Part held by the licensed conveyancer;\n(b) an order directing that the licensed conveyancer shall be disqualified (either permanently or during a specified period) from holding any relevant licence ;\n(c) an order suspending any licence under this Part held by the licensed conveyancer;\n(d) an order that any such licence shall have effect subject to such conditions as may be specified in the order;\n(e) an order directing the payment by the licensed conveyancer of a penalty not exceeding such amount as may be prescribed by rules made by the Council for the purposes of this paragraph, to be forfeited to Her Majesty;\n(f) an order reprimanding the licensed conveyancer.\n(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(2A) In relation to proceedings before the Discipline and Appeals Committee under this section, the Committee may make such order as they consider fit as to the payment of costs by—\n(a) the Council;\n(b) the licensed conveyancer against whom the proceedings were brought;\n(c) if the person on whose allegation the proceedings were brought was heard (in person, or through a representative) by the Committee in the course of the proceedings, that person.\n(2B) In subsection (2A), for the purposes of paragraph (a) or (b) of that subsection, the reference to costs includes costs incurred in connection with a preliminary investigation of the allegation under section 24(1A).\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4) References in this section to a licensed conveyancer include, in relation to an allegation or complaint which has been referred to the Committee in pursuance of section 24 (3), references to any such person as is mentioned in that provision.\n(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(7) Where the Discipline and Appeals Committee make an order by virtue of subsection (1)—\n(a) the person against whom the order is made, or\n(b) the Council,\nmay appeal to the First-tier Tribunal, and on any such appeal the First-tier Tribunal may make such order as it thinks fit.\n(7A) Where the Discipline and Appeals Committee make an order under subsection (2A), a person listed in paragraphs (a) to (c) of that subsection may appeal to the First-tier Tribunal , and on any such appeal the First-tier Tribunal may make such order as it thinks fit.\n(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(9) In this section “relevant licence” means—\n(a) a licence under this Part, or\n(b) a licence under section 53 of the Courts and Legal Services Act 1990.\n\n27 Removal of disqualification from holding a licence.\n(1) Where the Discipline and Appeals Committee have made any such order as is referred to in section 26(2)(b), the person to whom the order relates shall not, while his disqualification continues in force, be issued with a licence under this Part unless the Committee, on an application made to them in that behalf, direct otherwise.\n(2) An application under subsection (1) shall not be made by a person to the Committee—\n(a) within ten months of the date of the Committee’s order; or\n(b) within ten months of a previous such application by that person.\n(3) In relation to proceedings on an application under subsection (1), the Discipline and Appeals Committee may make such order as they consider fit as to the payment of costs by—\n(a) the Council;\n(b) the applicant.\n\n28 Revocation of licence on grounds of fraud or error.\n(1) Where the Discipline and Appeals Committee are satisfied that a licence under this Part was issued to a person as a result of any error, or as a result of fraud on the part of that person, the Committee may, if they think fit, by order revoke all of the relevant licences held by that person .\n(2) Where a person has had any relevant licence which was held by him revoked because of fraud on that person's part, the person may not be issued with a licence under this Part except on the advice of the Committee given to the Council as the result of an application made by the person to the Committee.\n(3) On any such application the Committee may, if they think fit, direct that the applicant shall be disqualified from holding any relevant licence until the expiration of such period as may be specified in the direction.\n(4) Section 27 shall apply in relation to a direction under subsection (3) as it applies in relation to any such order as is referred to in section 26(2)(b).\n(5) In relation to proceedings for the revocation of a licence under subsection (1), the Discipline and Appeals Committee may make such order as they consider fit as to the payment of costs by—\n(a) the Council;\n(b) the licensed conveyancer to whose licence the proceedings relate.\n(6) In relation to proceedings on an application under subsection (2), the Discipline and Appeals Committee may make such order as they consider fit as to the payment of costs by—\n(a) the Council;\n(b) the applicant.\n(7) In this section “relevant licence” has the meaning given by section 26.\n\n29 Appeals from decisions of Council in relation to licences.\n(1) Where, in the case of any person, the Council—\n(a) refuses an application for a licence made by that person;\n(b) decides to issue that person with a licence subject to conditions under section 16; . . .\n(c) decides to give a direction in relation to that person under section 17, or\n(d) refuses an application made by that person under section 17A,\nthat person may appeal to the Discipline and Appeals Committee against that refusal or decision within one month of being notified of it.\n(2) On an appeal under this section the Discipline and Appeals Committee may—\n(a) in the case of an appeal under subsection (1)(a) or (b), by order direct the Council to issue the appellant with—\n(i) a licence free from conditions; or\n(ii) a licence subject to such conditions as may be specified by the Committee in the direction;\n(b) in the case of an appeal under subsection (1)(c), by order—\n(i) revoke the direction of the Council under section 17; or\n(ii) direct that the appellant’s licence shall have effect subject to such conditions as may be specified by the Committee in the direction;\n(ba) in the case of an appeal under subsection (1)(d), by order direct the Council to grant the application;\n(c) in any case, except an appeal in respect of a deemed refusal under section 15(3), affirm the refusal or decision of the Council appealed against;\n(d) in the said excepted case, by order direct the Council not to issue a licence to the appellant.\n(3) On an appeal under this section the Committee may make such order as to the payment of costs by the Council or by the appellant as they think fit.\n\n30 Supplementary provisions relating to disciplinary and other proceedings.\nSchedule 4 (which contains provisions supplementary to sections 26 to 29) shall have effect.\n\nIntervention by Council\n\n31 Intervention in licensed conveyancer’s practice and examination of files.\n(1) The powers conferred by Part II of Schedule 5 shall be exercisable in the circumstances specified in Part I of that Schedule.\n(2) Where the Investigating Committee are satisfied that it is necessary to do so for the purpose of investigating any such allegation . . . as is mentioned in paragraph (a)(ii) or (iii) . . . of section 24(1), the Committee may give notice to the licensed conveyancer to whom the allegation . . . relates, or to his firm, requiring the production or delivery to any person appointed by the Committee, at a time and place to be fixed by the Committee, of all documents in the possession of the licensed conveyancer or his firm in connection with the matters to which the allegation . . . relates (whether or not they relate also to other matters).\n(3) Sub-paragraphs (2) to (12) of paragraph 9 of Schedule 5, together with paragraphs 11 to 12A of that Schedule, shall apply in relation to the powers conferred on the Investigating Committee by subsection (2) as they apply in relation to the powers conferred on the Council by sub-paragraph (1) of paragraph 9, and accordingly in those provisions—\n(a) any reference to the Council shall be construed as including a reference to the Committee;\n(b) any reference to a person appointed, or to a requirement, under that sub-paragraph shall be construed as including a reference to a person appointed, or to a requirement, under subsection (2); and\n(c) any reference to any such documents as are mentioned in that sub-paragraph shall be construed as including a reference to any such documents as are mentioned in subsection (2).\n(4) The reference in subsection (2) to a licensed conveyancer includes a reference to a person who was a licensed conveyancer at the time when the conduct to which the allegation . . . relates took place; and references to the licensed conveyancer in the provisions applied by subsection (3) shall be construed accordingly.\n\nRecognised bodies\n\n32 Provision of conveyancing or other services by recognised bodies.\n(1) The Council may make rules—\n(a) making provision as to the management and control of conveyancing services bodies or CLC practitioner services bodies ;\n(b) prescribing the circumstances in which conveyancing services bodies may be recognised by the Council as being suitable bodies to undertake—\n(i) the provision of conveyancing services,\n(ii) the exercise of a right of audience,\n(iii) the conduct of litigation,\n(iv) probate activities,\n(v) the administration of oaths, or\n(vi) the provision of relevant legal services not covered by sub-paragraphs (i) to (v);\n(bza) prescribing the circumstances in which CLC practitioner services bodies may be recognised by the Council as being suitable bodies to undertake—\n(i) the exercise of a right of audience,\n(ii) the conduct of litigation,\n(iii) probate activities,\n(iv) the administration of oaths, or\n(v) the provision of relevant legal services not covered by sub-paragraphs (i) to (iv);\n(ba) prescribing the Council's arrangements for authorising recognised bodies to carry on—\n(i) the exercise of a right of audience,\n(ii) the conduct of litigation,\n(iii) reserved instrument activities, where the recognised body is a conveyancing services body,\n(iv) probate activities, or\n(v) the administration of oaths;\n(c) prescribing the requirements , including requirements about the carrying on of activities which are not reserved legal activities, which (subject to any exceptions provided by the rules) must at all times be satisfied by bodies so recognised if they are to remain so recognised; and\n(d) regulating the conduct of the affairs of such bodies.\n(2) In this Part “recognised body” means a body . . . for the time being recognised under this section.\n(3) Rules made by the Council may also make provision—\n(a) for the manner and form in which applications for recognition under this section , or for the renewal of such recognition, are to be made, and for the payment of fees in connection with such applications;\n(aa) for the payment of fees in connection with other applications under the rules;\n(b) for regulating the names that may be used by recognised bodies;\n(c) about the time when any recognition granted under this section, or renewal of such recognition, takes effect and the period for which it is (subject to the provisions of this Part) to remain in force;\n(ca) for the suspension or revocation of any such recognition, on such grounds and in such circumstances as may be prescribed in the rules;\n(cb) about the effect on the recognition of a partnership or other unincorporated body (“the existing body”) of any change in its membership, including provision for the existing body's recognition to be transferred where the existing body ceases to exist and another body succeeds to the whole or substantially the whole of its business;\n(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(e) for the keeping by the Council of a register containing the names and principal places of business of all bodies . . . which are for the time being recognised under this section and such other information relating to those bodies (including information about disciplinary measures taken) as may be specified in the rules;\n(ea) for information (or information of a specified description) on such a register to be made available to the public, and about the manner in which and times at which, information is to be made so available;\n(f) for rules made under any other provision of this Part to have effect in relation to recognised bodies with such additions, omissions or other modifications as appear to the Council to be necessary or expedient;\n(fa) about the education and training requirements to be met by managers and employees of recognised bodies;\n(fb) for rules made under any other provision of this Part to have effect in relation to managers and employees of recognised bodies with such additions, omissions or other modifications as appear to the Council to be necessary or expedient;\n(g) for empowering the Council to take such steps as it considers necessary or expedient to ascertain whether or not any rules applicable to recognised bodies or managers or employees of such bodies by virtue of this section are being complied with;\n(h) for the manner of service on recognised bodies of documents authorised or required to be served on such bodies under this Part.\n(3A) Rules made by the Council may provide for the Council to grant a body recognition under this section subject to one or more conditions.\n(3B) At any time while a body is recognised under this section, the Council may, in such circumstances as may be prescribed, direct that the body's recognition is to have effect subject to such conditions as the Council may think fit.\n“Prescribed” means prescribed by rules made by the Council.\n(3C) The conditions which may be imposed under subsection (3A) or (3B) include—\n(a) conditions restricting the kinds of conveyancing services that may be provided by the body;\n(aa) conditions restricting the kinds of CLC practitioner services that may be provided by the body;\n(b) conditions imposed by reference to criteria of general application;\n(c) conditions requiring the body to take any specified steps that will, in the opinion of the Council, be conducive to the body carrying on an efficient business;\nand conditions may be imposed despite the fact that they may result in expenditure being incurred by the body.\n(3D) On an application made by a recognised body, the Council may, in such circumstances as may be prescribed, direct—\n(a) the removal of a condition subject to which the body's recognition has effect;\n(b) the variation of such a condition in the manner described in the application.\n(3E) For the purposes of subsection (3D)—\n(a) section 14 applies in relation to an application under that subsection as it applies in relation to an application for a licence under this Part of this Act, and\n(b)“prescribed” means prescribed by rules made by the Council.\n(3F) Rules under subsection (3A) or (3B) may make provision about when conditions imposed take effect (including provision conferring power on the Council to direct that a condition is not to have effect until the conclusion of any appeal in relation to it).\n(3G) Rules under this section may contain such incidental, supplemental, transitional or transitory provisions or savings as the Council considers necessary or expedient.\n(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(6) A certificate signed by an officer of the Council and stating—\n(a) that any body . . . is or is not, or was or was not at any time, a recognised body; or\n(b) that a body's recognition under this section does not have effect subject to any conditions or has effect subject to any particular conditions,\nshall, unless the contrary is proved, be evidence of the facts stated in the certificate; and a certificate purporting to be so signed shall be taken to have been so signed unless the contrary is proved.\n(7) Schedule 6 shall have effect with respect to recognised bodies.\n(8) In this section—\n  * “administration of oaths” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act);\n  * “CLC practitioner services” has the meaning given by section 32B;\n  * “CLC practitioner services body” has the meaning given by section 32B;\n  * “conduct of litigation” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act);\n  * “conveyancing services body” has the meaning given by section 32A;\n  * “probate activities” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act);\n  * “relevant legal services”—\n    (a) in relation to a conveyancing services body, has the meaning given by section 32A; and\n    (b) in relation to a CLC practitioner services body, has the meaning given by section 32B;\n  * “reserved instrument activities” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act);\n  * “right of audience” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act).\n(8A) Nothing in this section affects section 13 of the Legal Services Act 2007 (entitlement to carry on a reserved legal activity).\n(9) The Council is capable of being designated as a licensing authority for the purposes of, and subject to, Part 5 of the Legal Services Act 2007 (alternative business structures).\n\n32AConveyancing services bodies\n(1) For the purposes of section 32 a “conveyancing services body” means a body (corporate or unincorporate) in respect of which—\n(a) the management and control condition, and\n(b) the services condition,\nare satisfied.\n(2) The management and control condition is satisfied in the case of a partnership if at least one of the partners is a licensed conveyancer.\n(3) The management and control condition is satisfied in the case of an unincorporated body (other than a partnership), or a body corporate which is managed by its members, if at least one of those members is a licensed conveyancer.\n(4) The management and control condition is satisfied in the case of any other body corporate if at least one director of the body is a licensed conveyancer.\n(5) The services condition is satisfied in respect of a body if the body is carrying on a business consisting of the provision of—\n(a) conveyancing services, or\n(b) conveyancing services and other relevant legal services.\n(6) For the purposes of this section—\n  * “authorised person” means an authorised person in relation to an activity which is a reserved legal activity (within the meaning of the Legal Services Act 2007);\n  * “relevant legal services”, in relation to a body, means—\n    (a) conveyancing services, and\n    (b) where authorised persons are managers or employees of, or have an interest in, the body, services such as are provided by individuals practising as such authorised persons (whether or not those services involve the carrying on of reserved legal activities within the meaning of the Legal Services Act 2007);\nand a person has an interest in a body if the person has an interest in the body within the meaning of Part 5 of the Legal Services Act 2007 (see sections 72 and 109 of that Act).\n\n32BCLC practitioner services bodies\n(1) For the purposes of section 32 a “CLC practitioner services body” means a body (corporate or unincorporate) in respect of which—\n(a) the management and control condition,\n(b) the services condition, and\n(c) the authorised person condition,\nare satisfied.\n(2) The management and control condition is satisfied in the case of a partnership if at least one of the partners is a licensed conveyancer or a licensed CLC practitioner.\n(3) The management and control condition is satisfied in the case of an unincorporated body (other than a partnership), or a body corporate which is managed by its members, if at least one of those members is a licensed conveyancer or a licensed CLC practitioner.\n(4) The management and control condition is satisfied in the case of any other body corporate if at least one director of the body is a licensed conveyancer or a licensed CLC practitioner.\n(5) The services condition is satisfied in respect of a body if—\n(a) the body is carrying on a business consisting of the provision of—\n(i) CLC practitioner services; or\n(ii) CLC practitioner services and other relevant legal services; and\n(b) the body does not provide conveyancing services.\n(6) The authorised person condition is satisfied if the licensed conveyancer or licensed CLC practitioner by reference to whom the management and control condition is satisfied, or one of the persons by reference to whom that condition is satisfied, is an authorised person in relation to any reserved legal activity involved in the CLC practitioner services that are provided by the body.\n(7) For the purposes of this section—\n(a) a reference to CLC practitioner services is a reference to services involving the carrying on of such of the following as are reserved legal activities in relation to which the Council is designated as an approved regulator—\n(i) the exercise of a right of audience;\n(ii) the conduct of litigation;\n(iii) probate activities;\n(iv) the administration of oaths;\n(b) a reference to designation as an approved regulator is a reference to designation as an approved regulator—\n(i) by Part 1 of Schedule 4 to the Legal Services Act 2007, or\n(ii) under Part 2 of Schedule 4 to that Act;\n(c) a person has an interest in a body if the person has an interest in the body within the meaning of Part 5 of the Legal Services Act 2007 (see sections 72 and 109 of that Act).\n(8) In this section—\n  * “administration of oaths” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act);\n  * “authorised person” means an authorised person in relation to an activity which is a reserved legal activity (within the meaning of the Legal Services Act 2007);\n  * “conduct of litigation” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act);\n  * “probate activities” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act);\n  * “relevant legal services”, in relation to a body, means—\n    (a) CLC practitioner services, and\n    (b) where authorised persons are managers or employees of, or have an interest in, the body, services such as are provided by individuals practising as such authorised persons (whether or not those services involve the carrying on of reserved legal activities), except for conveyancing services;\n  * “reserved legal activity” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act);\n  * “right of audience” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act).\n\nMiscellaneous and supplemental\n\n33 Legal professional privilege.\n(1) Subsection (2) applies where a licensed conveyancer or recognised body acts as such for a client.\n(2) Any communication, document, material or information is privileged from disclosure in like manner as if the licensed conveyancer or body had at all material times been acting as the client's solicitor.\n(3) This section does not apply to a recognised body which holds a licence under Part 5 of the Legal Services Act 2007 (alternative business structures).\n\n33AAdministration of oaths by licensed conveyancers or licensed CLC practitioners\nThe Council may make rules prescribing its arrangements for authorising licensed conveyancers or licensed CLC practitioners , for the purposes of the Legal Services Act 2007, to carry on activities which consist of the administration of oaths.\n\n34 Modification of existing enactments relating to conveyancing etc.\n(1) In the following provisions, namely—\n(a) sections 69 and 75(1) of the Law of Property Act 1925; . . .\n(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\nany reference to a solicitor shall be construed as including a reference to a licensed conveyancer and any reference to a person’s solicitor shall be construed as including a reference to a licensed conveyancer acting for that person.\n(2) In the following provisions, namely—\n(a) sections 10(2), 48 and 182 of the Law of Property Act 1925;\n(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\nany reference to a solicitor shall be construed as including a reference to a licensed conveyancer or to a recognised body which is a conveyancing services body , and any reference to a person’s solicitor shall be construed as including a reference to a licensed conveyancer or such a recognised body acting for that person.\n(3) The Estate Agents Act 1979 shall not, by virtue of section 1 of that Act, apply to things done in the course of the provision of conveyancing services by a licensed conveyancer or a recognised body which is a conveyancing services body .\n(4) In this section “conveyancing services body” has the meaning given by section 32A.\n\n35 Penalty for pretending to be a licensed conveyancer or recognised body.\n(1) An individual shall not describe himself or hold himself out as a licensed conveyancer unless he holds a licence in force under this Part.\n(2) A body . . . shall not describe itself or hold itself out as a recognised body unless it is for the time being recognised under section 32.\n(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and liable on summary conviction to a fine not exceeding the fourth level on the standard scale.\n\n36 Offences by bodies corporate.\n(1) Where an offence under this Part which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the body corporate, he as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.\n(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member's functions of management as it applies to an officer of the body corporate.\n(3) Proceedings for an offence under this section alleged to have been committed by an unincorporated body are to be brought in the name of that body (and not in that of any of its members) and, for the purposes of any such proceedings, any rules of court relating to the service of documents have effect as if that body were a corporation.\n(4) A fine imposed on an unincorporated body on its conviction of an offence under this section is to be paid out of the funds of that body.\n(5) If an unincorporated body is charged with an offence under this section, section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates' Courts Act 1980 (procedure on charge of an offence against a corporation) have effect in like manner as in the case of a corporation so charged.\n(6) Where an offence under this section committed by an unincorporated body (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the body or any member of its governing body, that officer or member as well as the unincorporated body is guilty of the offence and liable to be proceeded against and punished accordingly.\n(7) Where an offence under this section committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.\n(8) In this section “officer”, in relation to a body corporate, means—\n(a) any director, secretary or other similar officer of the body corporate, or\n(b) any person who was purporting to act in any such capacity.\n\n37 Service of documents.\nAny notice or other document authorised or required to be given or served under this Part may be sent by post; and for the purpose of the application to this section of section 7 of the Interpretation Act 1978 (service by post) the proper address of a licensed conveyancer shall be the address of any place specified in the register as his place of business or one of his places of business.\n\n38 Rules.\n(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(2) Any rules made by the Council under this Part may make different provision for different circumstances.\n(3) Without prejudice to the generality of subsection (2), any rules prescribing a fee may provide for that fee to be reduced, or to be waived by the Council, in such circumstances as may be specified in the rules.\n\n39 Interpretation of Part II.\n(1) In this Part—\n  * “associate” means, in the case of a licensed conveyancer practising in partnership with other persons, any partner of his not holding a licence in force under this Part or any employee of such a partner;\n  * “client” means—\n    (a) in relation to a licensed conveyancer, any person by whom or on whose behalf instructions regarding the provision of conveyancing services are given to the licensed conveyancer . . . ;\n    (b) in relation to a recognised body, any person by whom or on whose behalf such instructions are given to the body;\n  * and “client account” means an account in whose title the word “client” is required by rules under section 22(2);\n  * “conveyancing services” shall be construed in accordance with section 11(3);\n  * “the Council” means the Council for Licensed Conveyancers;\n  * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n  * “fees” includes charges, disbursements, expenses and remuneration;\n  * “functions” includes powers and duties;\n  * “licence” and “licensed conveyancer” have the meaning given by section 11(2);\n  * “licensed CLC practitioner” means a person, other than a licensed conveyancer, who holds a licence under section 53 of the Courts and Legal Services Act 1990;\n  * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n  * “manager”, in relation to a body, has the same meaning as in the Legal Services Act 2007 (see section 207 of that Act);\n  * “recognised body” means a body . . . for the time being recognised under section 32;\n  * . . .\n  * . . .\n(2) Any reference in this Part to a licensed conveyancer practising as a sole practitioner is a reference to a licensed conveyancer practising either as the sole principal in the practice or in partnership with other persons of whom none are licensed conveyancers.\n\nPart III Legal Aid\n\nLegal aid complaints\n\n40 Legal aid complaints: preliminary.\n(1) For the purposes of this Part of this Act a legal aid complaint is a complaint relating to the conduct of a barrister or solicitor in connection with the provision for any person of services under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 including, in the case of a solicitor, provision for any person of such services in the capacity of agent for that person’s solicitor.\n(2) In this Part—\n  * “legally assisted person” means a person to whom aid is ordered to be given under section 28 of the Legal Aid Act 1974;\n  * “the Senate” means the Senate of the Inns of Court and the Bar; and\n  * “Senate Disciplinary Tribunal” means any committee of the Senate which in accordance with the regulations of the Senate is to be known as a Disciplinary Tribunal.\n(3) In the Legal Aid Act 1974, sections 12(3) to (5) and 38(2) to (6) (which are superseded by this Part) shall cease to have effect.\n\n41 Application to legal aid complaints against barristers of disciplinary provisions.\n(1) The disciplinary provisions applicable to barristers shall apply to legal aid complaints relating to the conduct of barristers as they apply to other complaints about their conduct.\n(2) Subject to any exclusion or restriction made by those provisions and despite section 157 of the Legal Services Act 2007 (approved regulators not to make provision for redress), any disciplinary tribunal which hears a legal aid complaint relating to the conduct of a barrister may, if it thinks fit and whether or not it makes any other order, order that any fees otherwise payable by the Lord Chancellor in connection with services provided by the barrister under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 shall be reduced or cancelled.\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4) An appeal shall lie in the case of an order under subsection (2) above in the same manner as an appeal would lie in the case of any other order of such a tribunal.\n(5) The reference in subsection (2) above to a disciplinary tribunal is a reference to a tribunal acting under the disciplinary provisions applicable to barristers and it includes a reference to a member exercising any functions of the tribunal delegated to him.\n\n42 Exclusion of barristers from legal aid work.\n(1) Subject to any exclusion or restriction made by the disciplinary provisions applicable to barristers, where a disciplinary tribunal hears a charge of professional misconduct or breach of professional standards against a barrister, it may order that he shall be excluded from criminal legal aid work , either temporarily or for a specified period, if it determines that there is good reason for the exclusion arising out of—\n(a) his conduct in connection with any such services as are mentioned in section 40(1), or\n(b) his professional conduct generally.\n(2) Subsection (4) of section 41 shall apply to an order under subsection (1) as it applies to an order under subsection (2) of that section.\n(3) The disciplinary provisions applicable to barristers shall include provision enabling a barrister who has been excluded from criminal legal aid work under this section to apply for an order terminating his exclusion . . .\n(4) In this section—\n(a) the reference to a disciplinary tribunal shall be construed in accordance with section 41(5); . . .\n(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(5) In this section “criminal legal aid work” means the provision under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 of—\n(a) advice or assistance described in section 13 or 15 of that Act, or\n(b) representation for the purposes of criminal proceedings.\n\n43 Jurisdiction and powers of Solicitors Disciplinary Tribunal in relation to complaints against solicitors.\n(1) The Solicitors Disciplinary Tribunal shall have jurisdiction to hear and determine any legal aid complaint relating to the conduct of a solicitor and made to the Tribunal under this section by or on behalf of the Law Society.\n(2) In the following provisions of the Solicitors Act 1974, namely—\n(a) subsections (9) to(11) of section 46 (procedure of Tribunal); and\n(b) section 47(2) (powers of Tribunal),\nany reference to a complaint or to a complaint made to the Tribunal under that Act shall be construed as including a reference to a legal aid complaint or to a legal aid complaint made to the Tribunal under this section.\n(3) On the hearing of a legal aid complaint against a solicitor the Tribunal may, if it thinks fit and whether or not it makes any other order on the hearing, order that any costs otherwise payable by the Lord Chancellor in connection with services provided by the solicitor under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 shall be reduced or cancelled.\n(3A) Nothing in section 157 of the Legal Services Act 2007 (approved regulators not to make provision for redress) prevents an order being made under subsection (3).\n(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(5) An appeal under section 49 of the Solicitors Act 1974 against an order of the Tribunal under subsection (3) lies only at the instance of the solicitor with respect to whom the legal aid complaint was made.\n(6) In this section “costs” includes fees, charges, disbursements, expenses and remuneration.\n\n44 Exclusion of solicitor from legal aid work.\n(1) Section 47 of the Solicitors Act 1974 (jurisdiction and powers of the Solicitors Disciplinary Tribunal) shall be amended as follows.\n(2) In subsection (2), after paragraph (b) there shall be inserted—\n“(bb)in the circumstances referred to in subsection (2A), the exclusion of that solicitor from legal aid work (either permanently or for a specified period);”.\n(3) After that subsection there shall be inserted—\n“(2A)An order of the Tribunal may make provision for the exclusion of a solicitor from legal aid work as mentioned in subsection (2)(bb) where the Tribunal determines that there is good reason for doing so arising out of—\n(a) his conduct, including conduct in the capacity of agent for another solicitor, in connection with the provision for any person of services under the Legal Aid Act 1988; or\n(b) his professional conduct generally.\n(2B) Where the Tribunal makes any such order as is referred to in subsection (2A) in the case of a solicitor who is a member of a firm of solicitors, the Tribunal may, if it thinks fit, order that any other person who is for the time being a member of the firm shall be excluded (either permanently or for a specified period) from legal aid work.\n(2C) The Tribunal shall not make an order under subsection (2B) excluding any person from legal aid work unless an opportunity is given to him to show cause why the order should not be made.\n(2D) Any person excluded from legal aid work by an order under this section may make an application to the Tribunal for an order terminating his exclusion from such work.”.\n(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nAdvice and assistance\n\n45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nLegal aid in criminal proceedings\n\n46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nPart IV The Supreme Court and County Courts\n\nProceedings relating to estates of deceased persons and trusts\n\n47 Power of High Court to make judgments binding on persons who are not parties.\n(1) This section applies to actions in the High Court relating to the estates of deceased persons or to trusts and falling within any description specified in rules of court.\n(2) Rules of court may make provision for enabling any judgment given in an action to which this section applies to be made binding on persons who—\n(a) are or may be affected by the judgment and would not otherwise be bound by it; but\n(b) have in accordance with the rules been given notice of the action and of such matters connected with it as the rules may require.\n(3) Different provision may be made under this section in relation to actions of different descriptions.\n\n48 Power of High Court to authorise action to be taken in reliance on counsel’s opinion.\n(1) Where—\n(a) any question of construction has arisen out of the terms of a will or a trust; and\n(b) an opinion in writing given by a person who has a 10 year High Court qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990, has been obtained on that question by the personal representatives or trustees under the will or trust,\nthe High Court may, on the application of the personal representatives or trustees and without hearing argument, make an order authorising those persons to take such steps in reliance on the said opinion as are specified in the order.\n(2) The High Court shall not make an order under subsection (1) if it appears to the court that a dispute exists which would make it inappropriate for the court to make the order without hearing argument.\n\n49 Powers of High Court on compromise of probate action.\n(1) Where on a compromise of a probate action in the High Court—\n(a) the court is invited to pronounce for the validity of one or more wills, or against the validity of one or more wills, or for the validity of one or more wills and against the validity of one or more other wills; and\n(b) the court is satisfied that consent to the making of the pronouncement or, as the case may be, each of the pronouncements in question has been given by or on behalf of every relevant beneficiary,\nthe court may without more pronounce accordingly.\n(2) In this section—\n  * “probate action” means an action for the grant of probate of the will, or letters of administration of the estate, of a deceased person or for the revocation of such a grant or for a decree pronouncing for or against the validity of an alleged will, not being an action which is non-contentious or common form probate business; and\n  * “relevant beneficiary”, in relation to a pronouncement relating to any will or wills of a deceased person, means—\n(a) a person who under any such will is beneficially interested in the deceased’s estate; and\n(b) where the effect of the pronouncement would be to cause the estate to devolve as on an intestacy (or partial intestacy), or to prevent it from so devolving, a person who under the law relating to intestacy is beneficially interested in the estate.\n\n50 Power of High Court to appoint substitute for, or to remove, personal representative.\n(1) Where an application relating to the estate of a deceased person is made to the High Court under this subsection by or on behalf of a personal representative of the deceased or a beneficiary of the estate, the court may in its discretion—\n(a) appoint a person (in this section called a substituted personal representative) to act as personal representative of the deceased in place of the existing personal representative or representatives of the deceased or any of them; or\n(b) if there are two or more existing personal representatives of the deceased, terminate the appointment of one or more, but not all, of those persons.\n(2) Where the court appoints a person to act as a substituted personal representative of a deceased person, then—\n(a) if that person is appointed to act with an executor or executors the appointment shall (except for the purpose of including him in any chain of representation) constitute him executor of the deceased as from the date of the appointment; and\n(b) in any other case the appointment shall constitute that person administrator of the deceased’s estate as from the date of the appointment.\n(3) The court may authorise a person appointed as a substituted personal representative to charge remuneration for his services as such, on such terms (whether or not involving the submission of bills of charges for taxation by the court) as the court may think fit.\n(4) Where an application relating to the estate of a deceased person is made to the court under subsection (1), the court may if it thinks fit, proceed as if the application were, or included, an application for the appointment under the Judicial Trustees Act 1896 of a judicial trustee in relation to that estate.\n(5) In this section “beneficiary”, in relation to the estate of a deceased person, means a person who under the will of the deceased or under the law relating to intestacy is beneficially interested in the estate.\n(6) In section 1 of the Judicial Trustees Act 1896, after subsection (6) there shall be added—\n“(7)Where an application relating to the estate of a deceased person is made to the court under this section, the court may, if it thinks fit, proceed as if the application were, or included, an application under section 50 of the Administration of Justice Act 1985 (power of High Court to appoint substitute for, or to remove, personal representative).”.\n\n51 Amendments relating to jurisdiction of county courts and district probate registrars in probate proceedings.\n——\n(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nGarnishee proceedings\n\n52 Administrative and clerical expenses of garnishees.\n(1) Section 40A of the Senior Courts Act 1981 and section 109 of the County Courts Act 1984 (administrative and clerical expenses of garnishees) shall each be amended as follows.\n(2) For subsection (1) there shall be substituted—\n“(1)Where an order nisi made in the exercise of the jurisdiction mentioned in subsection (2) of the preceding section is served on any deposit-taking institution, the institution may, subject to the provisions of this section, deduct from the relevant debt or debts an amount not exceeding the prescribed sum towards the administrative and clerical expenses of the institution in complying with the order; and the right of an institution to make a deduction under this subsection shall be exercisable as from the time the order nisi is served on it.\n(1A) In subsection (1) “the relevant debt or debts”, in relation to an order nisi served on any such institution as is mentioned in that subsection, means the amount, as at the time the order is served on the institution, of the debt or debts of which the whole or a part is expressed to be attached by the order.\n(1B) A deduction may be made under subsection (1) in a case where the amount referred to in subsection (1A) is insufficient to cover both the amount of the deduction and the amount of the judgment debt and costs in respect of which the attachment was made, notwithstanding that the benefit of the attachment to the creditor is reduced as a result of the deduction.”.\n(3) In subsection (2), for “The prescribed sum may not” there shall be substituted “An amount may not in pursuance of subsection (1)”.\n(4) In subsection (4), the word “and” shall be omitted, and after paragraph (b) there shall be inserted—\n“(c)may provide for this section not to apply to deposit-taking institutions of any prescribed description.”.\n\nReimbursement of costs\n\n53 Reimbursement of additional costs resulting from death or incapacity of presiding judge etc.\n(1) Where—\n(a) the judge, or (as the case may be) any of the judges, presiding at any proceedings to which this section applies becomes temporarily or permanently incapacitated from presiding at the proceedings, or dies, at any time prior to the conclusion of the proceedings; and\n(b) any party represented at the proceedings incurs any additional costs in consequence of the judge’s incapacity or death,\nthe Secretary of State may, if he thinks fit, reimburse that party in respect of any such additional costs, or in respect of such part thereof as he may determine; but the amount of any such reimbursement shall not exceed such sum as the Secretary of State may by order prescribe for the purposes of this section.\n(2) Subject to subsection (3), this section applies to—\n(a) proceedings in the civil division of the Court of Appeal;\n(b) civil proceedings in the High Court;\n(ba) proceedings in the family court;and\n(c) proceedings in the county court ;\nand, in the case of any interlocutory proceedings falling within paragraphs (a) to (c), applies separately to any such proceedings and to any other proceedings in the cause or matter in question.\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4) For the purposes of this section the amount of any additional costs incurred by any person as mentioned in subsection (1)(b) shall be such amount as may be agreed between the Secretary of State and that person or, in default of agreement, as may be ascertained by taxation.\n(5) Where any proceedings to which this section applies—\n(a) are due to be begun before a judge at a particular time; but\n(b) are not begun at that time by reason of the judge becoming temporarily or permanently incapacitated from presiding at the proceedings or by reason of his death,\nsubsection (1) shall have effect in relation to the incapacity or death of the judge as it has effect in relation to any such incapacity or death of a presiding judge as is mentioned in paragraph (a) of that subsection, but as if any reference to any party represented at the proceedings were a reference to any party who would have been so represented but for the judge’s incapacity or death.\n(6) In this section . . . “judge” in relation to any proceedings, includes—\n(a) a master, registrar or other person acting in a judicial capacity in the proceedings; or\n(b) a person assisting at the proceedings as an assessor or as an adviser appointed by virtue of section 70(3) of the Senior Courts Act 1981;\nand, in relation to any such person as is mentioned in paragraph (b), any reference to presiding at any proceedings shall be construed as including a reference to assisting at the proceedings.\n(7) Any order made by the Secretary of State under this section shall be made with the concurrence of the Treasury, and shall be so made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.\n(8) Any sums required by the Secretary of State for making payments under this section shall be paid out of money provided by Parliament.\n\nRegister of county court judgments\n\n54 Register of county court judgments.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nRelief from forfeiture in county court\n\n55 Power of county court to grant relief from forfeiture for non-payment of rent.\n(1) Section 138 of the County Courts Act 1984 (provisions as to forfeiture for non-payment of rent) shall be amended as provided in subsections (2) to (4) of this section.\n(2) In subsection (5), the words “Subject to subsection (6),” shall be omitted.\n(3) In subsection (7)—\n(a) for “enforced” there shall be substituted “enforceable”; and\n(b) after “the lessee shall” there shall be inserted “, subject to subsections (8) and (9A),”.\n(4) After subsection (9) there shall be inserted—\n“(9A)Where the lessor recovers possession of the land at any time after the making of the order under subsection (3) (whether as a result of the enforcement of the order or otherwise) the lessee may, at any time within six months from the date on which the lessor recovers possession, apply to the court for relief; and on any such application the court may, if it thinks fit, grant to the lessee such relief, subject to such terms and conditions, as it thinks fit.\n(9B) Where the lessee is granted relief on an application under subsection (9A) he shall hold the land according to the lease without any new lease.\n(9C) An application under subsection (9A) may be made by a person with an interest under a lease of the land derived (whether immediately or otherwise) from the lessee’s interest therein in like manner as if he were the lessee; and on any such application the court may make an order which (subject to such terms and conditions as the court thinks fit) vests the land in such a person, as lessee of the lessor, for the remainder of the term of the lease under which he has any such interest as aforesaid, or for any lesser term.\nIn this subsection any reference to the land includes a reference to a part of the land.”.\n(5) In section 139 of the County Courts Act 1984 (service of summons and re-entry), after subsection (2) there shall be inserted—\n“(3)Subsections (9B) and (9C) of section 138 shall have effect in relation to an application under subsection (2) of this section as they have effect in relation to an application under subsection (9A) of that section.”.\n\nInterpretation\n\n56 Interpretation of Part IV.\nIn this Part—\n  * “action” means any civil proceedings commenced by writ or in any other manner prescribed by rules of court;\n  * “judgment” includes an order;\n  * “will” includes a nuncupative will and any testamentary document of which probate may be granted.\n\nPart V Miscellaneous and Supplementary\n\nMiscellaneous\n\n57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n59 Pensions Appeal Tribunals: provision for appeals by non-residents to be heard in Scotland or Northern Ireland.\n(1) The Schedule to the Pensions Appeal Tribunals Act 1943 shall be amended as follows.\n(2) In paragraph 6 (which provides for appeals by persons not resident in Scotland or Northern Ireland to be heard by one of the Tribunals appointed for England and Wales), after “and” there shall be inserted “, subject to any provision made by virtue of paragraph 6A of this Schedule,”.\n(3) After paragraph 6 there shall be inserted—\n\n“6ARules made under this Schedule may make provision for enabling an appeal brought by a person who, at the time when the notice of appeal was given, did not reside in any part of the United Kingdom to be heard by one of the Tribunals appointed for Scotland or, as the case may be, for Northern Ireland where, on an application in that behalf by the appellant made in such manner as may be prescribed by the rules to such authority as may be so prescribed, that authority is satisfied—\n(a) that the appellant has a closer connection with Scotland or, as the case may be, with Northern Ireland than with England and Wales; or\n(b) that there is some other good reason for the appeal to be heard in Scotland or, as the case may be, Northern Ireland.”.\n\n60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n61 Constitution of [youth courts] in London.\nIn Schedule 2 to the Children and Young Persons Act 1963 (which by virtue of section 17(1) of that Act has effect as Schedule 2 to the Children and Young Persons Act 1933), in Part II (constitution of youth courts in Inner London and the City), after paragraph 15 there shall be inserted—\n\n“15A(1)Where, in the case of any sitting of a youth court, a person nominated under paragraph 15(b) of this Schedule—\n(a) is available to act as chairman; but\n(b) considers that it would be appropriate for another member of the court to act as chairman,\nhe may nominate that member to act as chairman at that sitting.\n(2) A member of a youth court nominated to act as chairman under sub-paragraph (1) shall only so act while the person making the nomination continues to sit as a member of the court.”.\n\n62 Amendments of Judicature (Northern Ireland) Act 1978.\n(1) In section 70(2)(a) of the Judicature (Northern Ireland) Act 1978 the words “and is in practice as such” (which disqualify non-practising barristers and solicitors for appointment as statutory officers under section 70(2) of that Act) shall be omitted.\n(2) In section 103(3) of that Act (appointment and removal from office of justices of the peace) for the words from “on behalf” to “Chancellor” there shall be substituted the words “by the Lord Chancellor by instrument on behalf and in the name of Her Majesty”.\n\n63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n64 Northern Ireland rules of court with respect to disclosure of expert evidence etc.\n(1) Notwithstanding any enactment or rule of law by virtue of which documents prepared for the purpose of pending or contemplated civil proceedings, or in connection with the obtaining or giving of legal advice, are in certain circumstances privileged from disclosure, provision may be made by rules of court for requiring, in the case of civil proceedings of any description specified in the rules—\n(a) a party who has been afforded a medical examination of another party to disclose to that other party the result of the examination;\n(b) a party who proposes to adduce at the trial expert evidence with respect to medical matters, or matters of any other class specified in the rules, to disclose that evidence to every other party to the proceedings;\nand any such disclosure shall be made by the furnishing of any such document or documents as may be specified in the rules, and shall be so made by such time as may be determined by or in accordance with the rules.\n(2) Provision may be made by rules of court as to the conditions subject to which expert evidence may be given in civil proceedings.\n(3) Without prejudice to the generality of subsection (2), rules of court made in pursuance of that subsection may make provision for prohibiting a party from adducing, except with the leave of the court, any expert evidence the contents of which were required to be, but have not been, disclosed by him in accordance with rules under subsection (1)(b).\n(4) Any rules of court made in pursuance of this section may make different provision for different classes of cases and for other different circumstances.\n(5) In this section “rules of court” means—\n(a) rules of court made under section 55 of the Judicature (Northern Ireland) Act 1978; or\n(b) county court rules made under Article 47 of the County Courts (Northern Ireland) Order 1980;\nand nothing in this section shall prejudice the generality of either of those provisions.\n(6) Section 71 of the Administration of Justice Act 1982 (which is superseded by this section) shall cease to have effect.\n\n65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nSupplementary\n\n66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n67 Consequential amendments and repeals.\n(1) The enactments specified in Schedule 7 shall have effect subject to the amendments there specified, being amendments consequential on the provisions of this Act.\n(2) The enactments specified in Schedule 8 are hereby repealed to the extent specified in the third column of that Schedule.\n\n68 Extent: power to make corresponding provision for Northern Ireland.\n(1) With the exception of the provisions referred to in subsection (2), this Act does not extend to Scotland or Northern Ireland.\n(2) Those provisions are—\n(a) sections 59 and 60;\n(b) sections 62 to 64, section 67(2) and Schedule 8 so far as they relate to the Justices Protection (Ireland) Act 1849, the Judicature (Northern Ireland) Act 1978 and the Administration of Justice Act 1982, and paragraph 16 of Schedule 9.\n(c) section 66;\n(d) this section; and\n(e) section 69.\n(3) Of those provisions—\n(a) subsections (1) to (5) of section 60 extend to the Isle of Man as well as to Scotland and Northern Ireland;\n(b) the provisions referred to in subsection (2)(b) extend to Northern Ireland only; and\n(c) section 66 does not extend to Northern Ireland.\n(4) An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of section 45 or 52 of this Act—\n(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but\n(b) shall be subject to annulment in pursuance of a resolution of either House.\n\n69 Short title, commencement, transitional provisions and savings.\n(1) This Act may be cited as the Administration of Justice Act 1985.\n(2) Subject to subsections (3) and (4), this Act shall come into force on such day as the Lord Chancellor may by order made by statutory instrument appoint; and an order under this subsection may appoint different days for different provisions and for different purposes.\n(3) The following provisions of this Act shall come into force on the day this Act is passed—\n(a) section 63;\n(b) Part I of Schedule 8 and section 67(2) so far as relating thereto;\n(c) section 68;\n(d) this section and Schedule 9.\n(4) The following provisions of this Act shall come into force at the end of the period of two months beginning with the day on which this Act is passed—\n(a) sections 45, 49, 52, 54, 56 to 62 and 64 and 65;\n(b) paragraph 8 of Schedule 7 and section 67(1) so far as relating thereto;\n(c) Part II of Schedule 8 and section 67(2) so far as relating thereto.\n(5) The transitional provisions and savings contained in Schedule 9 shall have effect; but nothing in that Schedule shall be taken as prejudicing the operation of sections 16 and 17 of the Interpretation Act 1978 (which relate to repeals).\n\nSCHEDULES\nSection 8.\n\nSCHEDULE 1 Minor Amendments of Solicitors Act 1974\n1 In section 3 (admission as solicitor), in subsection (3), for “High Court” substitute “Supreme Court”.\n2 In section 7 (entry of name and restoration of name struck off), omit “not exceeding £15”.\n3 In section 8 (removal or restoration of name at solicitor’s request), in subsection (2), omit “not exceeding £15”.\n4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n6 In section 21 (unqualified person not to pretend to be a solicitor), for the words from “a fine” onwards substitute “a fine not exceeding the fourth level on the standard scale.”\n7 In section 24 (application of penal provisions to body corporate)—\n(a) in subsection (1)(a), for the words from “a fine” onwards substitute “a fine not exceeding the fourth level on the standard scale, and”; and\n(b) in subsection (1)(b), for the words from “a fine” onwards substitute “a fine not exceeding the fourth level on the standard scale.”\n8(1)Section 28 (regulations) shall be amended as follows.\n(2) After subsection (3) insert—\n“(3A)Regulations about the keeping of the roll may—\n(a) provide for the Society, at such intervals as may be specified in the regulations, to enquire of solicitors of any class so specified whether they wish to have their names retained on the roll;\n(b) require solicitors of any such class, at such intervals as aforesaid, to pay to the Society a fee in respect of the retention of their names on the roll of such amount as may be prescribed by the regulations; and\n(c) authorise the Society to remove from the roll the name of any solicitor who—\n(i) fails to reply to any enquiry made in pursuance of paragraph (a) or to pay any fee payable by virtue of paragraph (b), or\n(ii) replies to any such enquiry by indicating that he does not wish to have his name retained on the roll;\n(d) authorise the Society to remove from the roll the name of any solicitor who has died.”.\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n10 In section 43 (control of employment of certain clerks)—\n(a) in subsection (1)(b), for the words from “in respect of” onwards substitute “which involved conduct on his part of such a nature that in the opinion of the Society it would be undesirable for him to be employed by a solicitor in connection with his practice,”; and\n(b) omit subsection (6).\n11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n12 In section 87 (interpretation)—\n(a) in subsection (1)—\n(i) in the definition of “contentious business”, for “section 175(1) of the Supreme Court of Judicature (Consolidation) Act 1925” substitute “section 128 of theSenior Courts Act 1981”;\n(ii) after the definition of “solicitor in Scotland” insert—\n““the standard scale” has the meaning given by section 37 of the Criminal Justice Act 1982;”; and\n(b) in subsection (2)—\n(i) at the end of paragraph (a) insert “or in pursuance of regulations under section 28(3A);”\n(ii) in paragraph (b), for “otherwise than at his own request” substitute “as a disciplinary sanction”.\n13(1)Schedule 1 (intervention in solicitor’s practice) shall be amended as follows.\n(2) In paragraph 1(1), after paragraph (e), insert—\n“(ee)the Council are satisfied that a sole solicitor is incapacitated by illness or accident to such an extent as to be unable to attend to his practice;”.\n(3) In paragraph 5(2), after “bank” insert “or other financial institution”.\n(4) In paragraph 6(4), for “14” substitute “8”.\n(5) In paragraph 7—\n(a) in sub-paragraph (1), for “and any such person” substitute “or into a client account of a solicitor nominated on behalf of the Society, and any such person or solicitor”; and\n(b) in sub-paragraph (2), after “bank” insert “or other financial institution”.\n14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\nSection 9.\n\nSCHEDULE 2 Legal services practices: Supplementary Provisions\n\nInterpretation\n1(1)Subject to sub-paragraph (2), references in this Schedule to a recognised body or a recognised sole solicitor’s practice are references to a body or sole solicitor’s practice . . . for the time being recognised under section 9 of this Act.\n(2) References in this Schedule to a recognised body or a recognised sole solicitor’s practice in relation to—\n(a) a complaint (other than such a complaint as is mentioned in paragraph 16(1)(a)); . . .\n(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\ninclude references to a body or sole solicitor’s practice . . . that was recognised under section 9 of this Act at the time when the conduct to which the complaint . . . relates took place.\n(2A) References in this Schedule to a manager or employee of a recognised body, or to an employee in a recognised sole solicitor’s practice, in relation to a complaint (other than such a complaint as is mentioned in paragraph 16(1A)(a)), include references to a person who was such a manager or employee at the time when the conduct to which the complaint relates took place.\n(2B) In this Schedule references to employment in a recognised sole solicitor’s practice have the same meaning as in section 9.\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4) In section 87(1) of the 1974 Act the definitions of “client”, “contentious business” and “non-contentious business” shall apply for the purposes of this Schedule; and for the purposes of—\n(a) any provision of this Schedule in so far as it has effect in relation to a recognised body ; and\n(b) any provision of the 1974 Act in so far as it has effect in relation to a recognised body by virtue of this Schedule,\nthey shall apply as if for any reference to a solicitor there were substituted a reference to a recognised body . . . .\n(5) Subject to sub-paragraphs sub-paragraphs (4) and (6), any expression used in this Schedule which is also used in the 1974 Act has the same meaning as in that Act.\n(6) In this Schedule—\n  * “manager”, in relation to a body, has the same meaning as in the Legal Services Act 2007 (see section 207 of that Act);\n  * “registered European lawyer” has the same meaning as in section 9A;\n  * “the 1974 Act” means the Solicitors Act 1974.\n\nAppeal against refusal of Society to grant recognition etc\n2(1)A body may appeal to the High Court against—\n(a) a decision to refuse an application by the body for recognition under section 9;\n(b) a decision to impose a condition under subsection (2F) of that section on the body's recognition under that section;\n(c) a decision to impose a condition under subsection (2G) of that section on the body's recognition under that section.\n(1A) A sole solicitor may appeal to the High Court against—\n(a) a decision to refuse an application for recognition of the solicitor’s practice under section 9;\n(b) a decision to impose a condition under subsection (2F) of that section on the recognition of the solicitor’s practice under that section; and\n(c) a decision to impose a condition under subsection (2G) of that section on the recognition of the solicitor’s practice under that section.\n(2) A recognised body whose recognition is subject to a condition within section 9(2H)(b) may appeal to the High Court against any decision by the Society to refuse to approve the taking of any step for the purposes of that condition.\n(2A) Where the recognition of a recognised sole solicitor’s practice is subject to a condition within section 9(2H)(b), the sole solicitor may appeal to the High Court against any decision by the Society to refuse to approve the taking of any step for the purposes of that condition.\n(3) Rules made by the Society may make provision, as respects any application for recognition that is neither granted nor refused by the Society within such period as may be specified in the rules, for enabling an appeal to be brought under this paragraph in relation to the application as if it had been refused by the Society.\n(4) On an appeal under sub-paragraph (1)(a) or (b) or (1A)(a) or (b) , the High Court may—\n(a) affirm the decision of the Society,\n(b) direct the Society to grant the body or sole solicitor’s practice recognition under section 9 free from conditions or subject to such conditions as the High Court may think fit,\n(c) direct the Society not to recognise the body or sole solicitor’s practice ,\n(d) if the Society has recognised the body or sole solicitor’s practice , by order suspend the recognition, or\n(e) make such other order as the High Court thinks fit.\n(5) On an appeal under sub-paragraph (1)(c) or (1A)(c) , the High Court may—\n(a) affirm the decision of the Society,\n(b) direct that the ... recognition under section 9 is to have effect subject to such conditions as the High Court may think fit,\n(c) by order revoke the direction given by the Society under section 9(2G), or\n(d) make such other order as the High Court thinks fit.\n(6) On an appeal under sub-paragraph (2) or (2A) , the High Court may—\n(a) affirm the decision of the Society,\n(b) direct the Society to approve the taking of one or more steps for the purposes of a condition within section 9(2H)(b), or\n(c) make such other order as the High Court thinks fit.\n(7) In relation to an appeal under this paragraph, the High Court may make such order as it thinks fit as to payment of costs.\n(8) The decision of the High Court on an appeal under this paragraph is final.\n\nAccounts rules\n3(1)This paragraph applies where rules made under section 32(1) of the 1974 Act are applied—\n(a) to recognised bodies in accordance with section 9(2)(f) of this Act, or\n(b) to managers or employees of such bodies in accordance with section 9(2)(fb) of this Act.\n(2) The Society may disclose a report on or information about the accounts of a recognised body, or a manager or employee of a recognised body, obtained in pursuance of such rules for use—\n(a) in investigating the possible commission of an offence by the body or any of its managers or employees, and\n(b) in connection with any prosecution of the body or any of its managers or employees consequent on the investigation.\n\nInterest on clients’ money\n4(1)Where rules made under section 32 of the 1974 Act and containing any such provision as is referred to in section 33(1) of that Act are applied to recognised bodies in accordance with section 9(2)(f) of this Act, then, except as provided by the rules , a recognised body is not liable to account to any client, other person or trust for interest received by the recognised body on money held at a bank or building society in an account which is for money received or held for, or on account of—\n(a) clients of the recognised body, other persons or trusts, generally, or\n(b) that client, person or trust separately.\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n4ZAWhere rules made under section 32 of the 1974 Act and containing any such provision as is referred to in section 33(1) of that Act are applied to managers or employees of recognised bodies in accordance with section 9(2)(fb), then, except as provided by the rules, a manager or employee to whom the rules are applied is not liable to account to any client, other person or trust for interest received by the manager or employee on money held at a bank or building society in an account which is for money received or held for, or on account of—\n(a) clients of the recognised body, other persons or trusts, generally, or\n(b) that client, person or trust, separately.\n\nInspection of bank accounts\n4A(1)This paragraph applies where rules made under section 33A(1) of the 1974 Act are applied—\n(a) to recognised bodies in accordance with section 9(2)(f) of this Act, or\n(b) to managers or employees of such bodies in accordance with section 9(2)(fb) of this Act.\n(2) The Society may disclose information about the accounts of a recognised body, or a manager or employee of a recognised body, obtained in pursuance of such rules for use—\n(a) in investigating the possible commission of an offence by the body or any of its managers or employees, and\n(b) in connection with any prosecution of the body or any of its managers or employees consequent on the investigation.\n\nAccountants’ reports\n5 Where rules made under section 34 of the 1974 Act are applied to recognised bodies in accordance with section 9(2)(f), section 34(9) and (10) of that Act apply in relation to a recognised body as they apply in relation to a solicitor.\n5AWhere rules made under section 34 of the 1974 Act are applied to managers or employees of recognised bodies in accordance with section 9(2)(fb), section 34(9) and (10) of that Act apply in relation to a manager or employee to which the rules are applied as they apply in relation to a solicitor.\n\nCompensation Fund\n6(1)Section 36 of the 1974 Act applies in relation to recognised bodies as if for paragraphs (a) and (b) of subsection (1) there were substituted—\n“(a)an act or omission of a recognised body or former recognised body;\n(b) an act or omission of a manager or employee, or former manager or employee, of a recognised body or former recognised body;”.\n(2) Section 36A(2) and (3) of the 1974 Act applies in relation to recognised bodies as it applies in relation to solicitors.\n\nSolicitor who is justice of the peace not to act in certain proceedings\n7 In section 38 of the 1974 Act references to any partner of a solicitor shall be construed, in relation to a solicitor who is a manager of a recognised body, as references to any other solicitor who is a manager of that body.\nProspective\n8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nRestriction on employment of person struck off roll or suspended\n9(1)Section 41 of the 1974 Act (except subsection (4)) shall apply to a recognised body (and any manager or employee of it) and its business as such as it applies to a solicitor and his practice as such.\n(2) No recognised body (or manager or employee of such a body) may, except in accordance with a written permission granted by the Society under this paragraph, permit a person to whom sub-paragraph (3) applies to—\n(a) be a manager of the body, or\n(b) have an interest in the body;\nand for this purpose a person has an interest in the body if he has an interest in the body within the meaning of Part 5 of the Legal Services Act 2007 (see sections 72 and 109 of that Act).\n(3) This sub-paragraph applies to a person who to the knowledge of the recognised body (or, as the case may be, the manager or employee) is a person—\n(a) who is disqualified from practising as a solicitor by reason of one of the facts mentioned in section 41(1)(a), (b) or (c) of the 1974 Act (name struck off the roll, suspension etc), or\n(b) in respect of whom there is a direction in force under section 47(2)(g) of that Act (prohibition on restoration to roll).\n(4) Permission granted for the purposes of sub-paragraph (2) may be granted for such period and subject to such conditions as the Society thinks fit.\n(5) A person aggrieved by the refusal of the Society to grant permission under sub-paragraph (4), or by any conditions attached by the Society to the grant of any such permission may appeal to the High Court which may—\n(a) confirm the refusal or the conditions, as the case may be, or\n(b) grant a permission under this paragraph for such period and subject to such conditions as it thinks fit.\n(6) In relation to an appeal under sub-paragraph (5) the High Court may make such order as it thinks fit as to payment of costs.\n(7) The decision of the High Court on an appeal under sub-paragraph (5) is final.\n\nFailure to disclose fact of having been struck off or suspended\n10(1)Section 42(1) and (1A) of the 1974 Act shall apply in relation to employment by a recognised body (or any manager or employee of such a body) in connection with its business as it applies in relation to employment by a solicitor in connection with his practice.\n(2) It is an offence for a person (“P”) to whom sub-paragraph (3) applies—\n(a) to seek or accept from any person an interest in a recognised body, without previously informing that person (and, if different, the recognised body) that P is a person to whom that sub-paragraph applies, or\n(b) to seek or accept a position as a manager of a recognised body, without previously informing that body that P is such a person.\n(3) This sub-paragraph applies to a person—\n(a) who is disqualified from practising as a solicitor by reason of one of the facts mentioned in section 41(1)(a), (b) or (c) of the 1974 Act (name struck off the roll, suspension etc), or\n(b) in respect of whom there is a direction in force under section 47(2)(g) of that Act (prohibition on restoration to roll).\n(4) A person guilty of an offence under sub-paragraph (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.\n(5) Subsection (2) of section 42 of the 1974 Act applies in relation to an offence under sub-paragraph (2) as it applies in relation to an offence under that section.\n(6) For the purposes of sub-paragraph (2)(a) a person seeks or accepts an interest in a recognised body if the person seeks or accepts an interest which if it were obtained by the person would result in the person having an interest in that body within the meaning of Part 5 of the Legal Services Act 2007 (see sections 72 and 109 of that Act).\n\nControl of employment of persons convicted of offences of dishonesty and certain other persons\n11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nOffences in connection with orders under section 43(2) of the 1974 Act\n12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nPowers of Council in respect of inadequate professional services\n13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\ninformation about suitatbility for recognition\n14(1)The Society may give a notice under this paragraph if it is satisfied that it is necessary to do so for the purpose of investigating whether—\n(a) a recognised body continues to be suitable to be recognised under section 9, or\n(b) a manager of a recognised body who is not legally qualified (within the meaning of section 9A) continues to be suitable to be a manager of a recognised body.\n(2) A notice under this paragraph is a notice which requires a person within sub-paragraph (3)—\n(a) to provide information, or information of a description, specified in the notice, or\n(b) to produce documents, or documents of a description, specified in the notice.\n(3) The persons are—\n(a) the recognised body;\n(b) an employee or manager of the recognised body;\n(c) a person who has an interest in the recognised body (within the meaning of the Legal Services Act 2007 (see sections 72 and 109 of that Act)).\n(4) For the purposes of this paragraph, section 44B(4) to (7) of the 1974 Act applies—\n(a) in relation to a notice under this paragraph as if it were a notice under section 44B of that Act, and\n(b) in relation to a person given a notice under this paragraph as if that person were a person given a notice under that section,\nand references in subsections (6) and (7) of that section to powers conferred by that section are to be read as references to powers conferred by this paragraph.\n(5) Where powers conferred by Part 2 of Schedule 1 to the 1974 Act are exercisable in relation to a person within paragraph (a), (b) or (c) of sub-paragraph (3), they continue to be so exercisable after the person has ceased to be a person within the paragraph in question.\n(6) Section 44BA of the 1974 Act (power to require explanation of document or information) applies in relation to a notice under this paragraph and the person to whom such a notice is given as it applies in relation to a notice under section 44B of the 1974 Act and the person to whom such a notice is given.\n(7) Subsection (1) of section 44BC of that Act (falsification of documents etc) applies in relation to an investigation of the kind mentioned in sub-paragraph (1) as it applies in relation to the investigations mentioned in that subsection, and subsections (2), (4) and (5) of that section apply accordingly.\n(8) Subsection (3) of that section (provision of false information etc) applies in relation to a requirement imposed under this paragraph as it applies in relation to a requirement imposed by section 44B of that Act, and subsections (4) and (5) of that section apply accordingly.\n14ZA.(1)The Society may give a notice under this paragraph if it is satisfied that it is necessary to do so for the purpose of investigating whether a recognised sole solicitor’s practice continues to be suitable to be recognised under section 9.\n(2) A notice under this paragraph is a notice which requires a person within sub-paragraph (3)—\n(a) to provide information, or information of a description, specified in the notice, or\n(b) to produce documents, or documents of a description, specified in the notice.\n(3) The persons are—\n(a) the sole solicitor; and\n(b) an employee in the recognised sole solicitor’s practice.\n(4) For the purposes of this paragraph, section 44B(4) to (7) of the 1974 Act applies—\n(a) in relation to a notice under this paragraph as if it were a notice under section 44B of that Act, and\n(b) in relation to a person given a notice under this paragraph as if that person were a person given a notice under that section,\nand references in subsections (6) and (7) of that section to powers conferred by that section are to be read as references to powers conferred by this paragraph.\n(5) Where powers conferred by Part 2 of Schedule 1 to the 1974 Act are exercisable in relation to a person within paragraph (a) or (b) of sub-paragraph (3), they continue to be so exercisable after the person has ceased to be a person within the paragraph in question.\n(6) Section 44BA of the 1974 Act (power to require explanation of document or information) applies in relation to a notice under this paragraph and the person to whom such a notice is given as it applies in relation to a notice under section 44B of the 1974 Act and the person to whom such a notice is given.\n(7) Subsection (1) of section 44BC of that Act (falsification of documents etc) applies in relation to an investigation of the kind mentioned in sub-paragraph (1) as it applies in relation to the investigations mentioned in that subsection, and subsections (2), (4) and (5) of that section apply accordingly.\n(8) Subsection (3) of that section (provision of false information etc) applies in relation to a requirement imposed under this paragraph as it applies in relation to a requirement imposed by section 44B of that Act, and subsections (4) and (5) of that section apply accordingly.\n\nPower to charge for costs of investigation\n14A(1)The Society may make regulations prescribing charges to be paid to the Society by recognised bodies who are the subject of a discipline investigation or by the sole solicitor in a recognised sole solicitor’s practice which is subject to a discipline investigation .\n(2) A discipline investigation is an investigation carried out by the Society into a failure or apprehended failure by a recognised body , or by a sole solicitor, or any employee, in a recognised sole solicitor’s practice, to comply with any requirement imposed by or by virtue of this Act or any rules applicable to them by virtue of section 9.\n(3) Regulations under this paragraph may—\n(a) make different provision for different cases or purposes;\n(b) provide for the whole or part of a charge payable under the regulations to be repaid in such circumstances as may be prescribed by the regulations.\n(4) Any charge which a recognised body or a sole solicitor is required to pay under regulations under this paragraph is recoverable by the Society as a debt due to the Society from the recognised body or from that sole solicitor .\n(5) This paragraph applies in relation to a manager or employee of a recognised body as it applies in relation to a recognised body.\n\nDisciplinary powers of the Society\n14B(1)This paragraph applies where the Society is satisfied that—\n(a) a recognised body, or a manager or employee of a recognised body, or\n(b) a sole solicitor, or any employee, in a recognised sole solicitor’s practice,\nhas failed to comply with a requirement imposed by or by virtue of this Act or any rules applicable to that person by virtue of section 9 of this Act.\n(2) The Society may do one or both of the following—\n(a) give the person a written rebuke;\n(b) direct the person to pay a penalty not exceeding £25,000.\n(2A) In a case where this sub-paragraph applies, sub-paragraph (2)(b) has effect as if the words after “penalty” (which set a limit on the amount of the penalty a person may be directed to pay) were omitted.\n(2B) Sub-paragraph (2A) applies where the Society takes action against a person under sub-paragraph (2)(b) for failure to comply with a requirement or rule referred to in sub-paragraph (1) where—\n(a) the requirement or rule applies only for purposes relating to the prevention or detection of economic crime, or\n(b) the failure consisted of an act or omission which had the effect of inhibiting the prevention or detection of economic crime.\n(2C) In sub-paragraph (2B) “economic crime” has the meaning given by section 193(1) of the Economic Crime and Corporate Transparency Act 2023.\n(3) The Society may publish details of any action it has taken under sub-paragraph (2)(a) or (b), if it considers it to be in the public interest to do so.\n(4) Where the Society takes action against a person under sub-paragraph (2)(b), or decides to publish under sub-paragraph (3) details of such action under sub-paragraph (2)(a) or (b), it must notify the person in writing that it has done so.\n(5) A penalty imposed under sub-paragraph (2)(b) does not become payable until—\n(a) the end of the period during which an appeal against the decision to impose the penalty, or the amount of the penalty, may be made under paragraph 14C, or\n(b) if such an appeal is made, such time as it is determined or withdrawn.\n(6) The Society may not publish under sub-paragraph (3) details of any action under sub-paragraph (2)(a) or (b)—\n(a) during the period within which an appeal against—\n(i) the decision to take the action,\n(ii) in the case of action under sub-paragraph (2)(b), the amount of the penalty, or\n(iii) the decision to publish the details,\nmay be made under paragraph 14C, or\n(b) if such an appeal has been made, until such time as it is determined or withdrawn.\n(7) The Society must make rules—\n(a) prescribing the circumstances in which the Society may decide to take action under sub-paragraph (2)(a) or (b);\n(b) about the practice and procedure to be followed by the Society in relation to such action;\n(c) governing the publication under sub-paragraph (3) of details of action taken under sub-paragraph (2)(a) or (b);\nand the Society may make such other rules in connection with the exercise of its powers under this paragraph as it considers appropriate.\n(8) Before making rules under sub-paragraph (7), the Society must consult the Tribunal.\n(9) A penalty under this paragraph may be recovered as a debt due to the Society, and is to be forfeited to Her Majesty.\n(10) The Lord Chancellor may, by order, amend paragraph (b) of sub-paragraph (2) so as to substitute for the amount for the time being specified in that paragraph such other amount as may be specified in the order.\n(11) Before making an order under sub-paragraph (10), the Lord Chancellor must consult the Society.\n(12) An order under sub-paragraph (10) is to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.\n(13) This paragraph is without prejudice to any power conferred on the Society, or any other person, to make an application or complaint to the Tribunal.\n14C(1)A person may appeal against—\n(a) a decision by the Society to rebuke that person under paragraph 14B(2)(a) if a decision is also made to publish details of the rebuke;\n(b) a decision by the Society to impose a penalty on that person under paragraph 14B(2)(b) or the amount of that penalty;\n(c) a decision by the Society to publish under paragraph 14B(3) details of any action taken against that person under paragraph 14B(2)(a) or (b).\n(2) Subsections (9)(b), (10)(a) and (b), (11) and (12) of section 46 of the 1974 Act (Tribunal rules about procedure for hearings etc) apply in relation to appeals under this paragraph as they apply in relation to applications or complaints, except that subsection (11) of that section is to be read as if for “the applicant” to “application)” there were substituted any party to the appeal.\n(3) Rules under section 46(9)(b) of the 1974 Act may, in particular, make provision about the period during which an appeal under this paragraph may be made.\n(4) On an appeal under this paragraph, the Tribunal has power to make an order which—\n(a) affirms the decision of the Society;\n(b) revokes the decision of the Society;\n(c) in the case of a penalty imposed under paragraph 14B(2)(b), varies the amount of the penalty;\n(d) in the case of a recognised body, contains provision for any of the matters mentioned in paragraph 18(2);\n(e) in the case of a manager or employee of a recognised body, or in the case of a sole solicitor, or an employee, in a recognised sole solicitor’s practice, contains provision for any of the matters mentioned in paragraph 18A(2);\n(f) makes such provision as the Tribunal thinks fit as to payment of costs.\n(5) Where, by virtue of sub-paragraph (4)(e), an order contains provision for any of the matters mentioned in sub-paragraph (2)(c) of paragraph 18A, sub-paragraphs (5) and (6) of that paragraph apply as if the order had been made under sub-paragraph (2)(c) of that paragraph.\n(6) An appeal from the Tribunal shall lie to the High Court, at the instance of the Society or the person in respect of whom the order of the Tribunal was made.\n(7) The High Court shall have power to make such order on an appeal under this paragraph as it may think fit.\n(8) Any decision of the High Court on an appeal under this section shall be final.\n(9) This paragraph is without prejudice to any power conferred on the Tribunal in connection with an application or complaint made to it.\n\nLay observers\n15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nComplaints to Tribunal with respect to recognised bodies and recognised sole solicitor’s practice,\n16(1)The Tribunal shall have jurisdiction to hear and determine any of the following complaints made to it under this paragraph with respect to a recognised body, namely—\n(a) a complaint that the body has (while a recognised body) been convicted by any court . . . of a criminal offence which renders it unsuitable to be recognised under section 9 of this Act;\n(b) a complaint that the body has failed to comply with any requirement imposed by or by virtue of this Act or with any rules applicable to it by virtue of section 9 of this Act;\n(c) a complaint that the body has acted in contravention of section 41 of the 1974 Act or paragraph 9(2) of this Schedule or of any conditions subject to which a permission has been granted under section 41 of that Act or that paragraph of this Schedule; or\n(d) a complaint that the body has knowingly acted in contravention of any such order as is mentioned in section 44(2) of the 1974 Act or of any conditions subject to which a permission has been granted under such an order.\n(1A) The Tribunal shall have jurisdiction to hear and determine any of the following complaints made to it under this paragraph with respect to a manager or employee of a recognised body (“the relevant person”)—\n(a) a complaint that the relevant person has been convicted by any court of a criminal offence which renders that person unsuitable to be a manager or employee (or both) of a recognised body;\n(b) a complaint that the relevant person has failed to comply with any requirement imposed by or by virtue of this Act or any rules applicable to the relevant person by virtue of section 9 of this Act;\n(c) a complaint that the relevant person has acted in contravention of section 41 of the 1974 Act or paragraph 9(2) of this Schedule or of any conditions subject to which a permission has been granted under that section or for the purposes of paragraph 9(2) of this Schedule;\n(d) a complaint that the relevant person has knowingly acted in contravention of an order under section 43(2) of the 1974 Act or of any conditions subject to which a permission has been granted under such an order.\n(1B) The Tribunal has jurisdiction to hear and determine any of the following complaints made to it under this paragraph with respect to the sole solicitor, or an employee, in a recognised sole solicitor’s practice (“the relevant person”)—\n(a) a complaint that the relevant person has been convicted by any court of a criminal offence which renders that person unsuitable to be the sole solicitor, or an employee, in a recognised sole solicitor’s practice (or both);\n(b) a complaint that the relevant person has failed to comply with any requirement imposed by or by virtue of this Act or any rules applicable to the relevant person by virtue of section 9 of this Act.\n(2) A complaint may be made to the Tribunal under this paragraph by any person.\n\nProcedure on applications and complaints\n17 In subsections (9) to (11) of section 46 of the 1974 Act—\n(a) any reference to an application or complaint shall be construed as including a reference to any such application as is mentioned in paragraph . . . 21(1) or any such complaint as is mentioned in paragraph ... 16(1) , (1A) or (1B) ;\n(b) any reference to an application or complaint made under that Act shall be construed as including a reference to any such application or complaint as aforesaid made under this Schedule; and\n(c) in the case of subsection (10)(c), any reference to a solicitor shall be construed as including a reference to a recognised body or, in the case of such a complaint as is mentioned in paragraph 16(1A) or (1B) , to a manager or employee of such a body or (as the case may be) to an employee in a recognised sole solicitor’s practice .\n\nPowers of Tribunal with respect to recognised bodies\n18(1)Where on the hearing of any complaint made to it under this Schedule (other than paragraph 16(1A) the Tribunal is satisfied that a recognised body—\n(a) has been convicted as mentioned in paragraph (a) of paragraph 16(1); or\n(b) has failed to comply with any requirement imposed by or by virtue of this Act or with any such rules as are mentioned in paragraph (b) of paragraph 16(1); or\n(c) has acted as mentioned in paragraph (c) or (d) of that provision; ...\n(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\nthe Tribunal may, if it thinks fit, make one or more of the orders referred to in sub-paragraph (2).\n(2) Those orders are—\n(a) an order revoking the recognition under section 9 of this Act of the body to which the complaint relates;\n(b) an order directing the payment by that body of a penalty . . . , to be forfeited to Her Majesty;\n(c) an order requiring that body to pay the costs incurred in bringing against it the proceedings before the Tribunal or a contribution towards those costs, being a contribution of such amount as the Tribunal considers reasonable.\n(2A) Where, on the hearing of any application or complaint made to it under this Schedule, the Tribunal is satisfied that more than one allegation is proved against the recognised body to whom the application or complaint relates, it may impose a separate penalty (by virtue of sub-paragraph (2)(b) ) with respect of each such allegation.\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n18A(1)Where, on the hearing of any complaint made to it under paragraph 16(1A) or (1B) of this Schedule, the Tribunal is satisfied that a manager or employee of a recognised body , or the sole solicitor, or an employee, in a recognised sole solicitor’s practice —\n(a) has been convicted as mentioned in paragraph (a) of paragraph 16(1A) or (as the case may be) paragraph (a) of paragraph 16(1B) ,\n(b) has failed to comply with any requirement imposed by or by virtue of this Act or any rules applicable to the relevant person by virtue of section 9 of this Act, or\n(c)(in the case of a manager or employee of a recognised body) has acted as mentioned in paragraph (c) or (d) of paragraph 16(1A),\nthe Tribunal may, if it thinks fit, make one or more of the orders referred to in sub-paragraph (2).\n(2) Those orders are—\n(za) in the case of a complaint relating to a sole solicitor, or an employee, in a recognised sole solicitor’s practice, an order revoking the recognition under section 9 of this Act of the sole solicitor’s practice;\n(a) an order directing the payment by the relevant person of a penalty to be forfeited to Her Majesty;\n(b) an order requiring the Society to consider taking such steps as the Tribunal may specify in relation to the relevant person;\n(c) if the person is not a solicitor, an order which states one or more of the matters mentioned in sub-paragraph (3);\n(d) an order requiring the Society to refer to an appropriate regulator any matter relating to the conduct of the relevant person.\n(3) The matters referred to in sub-paragraph (2)(c) are—\n(a) that as from the specified date—\n(i) no solicitor or employee of a solicitor shall employ or remunerate, in connection with the practice carried on by that solicitor, the person with respect to whom the order is made, and\n(ii) no recognised body, or manager or employee of such a body, shall employ or remunerate that person, in connection with the business of the recognised body,\nexcept in accordance with a Society permission;\n(b) that as from the specified date no recognised body or manager or employee of such a body shall, except in accordance with a Society permission, permit the person with respect to whom the order is made to be a manager of the body;\n(c) that as from the specified date no recognised body or manager or employee of such a body shall, except in accordance with a Society permission, permit the person with respect to whom the order is made to have an interest in the body.\n(4) For this purpose a person has an interest in a body if the person has an interest in the body within the meaning of Part 5 the Legal Services Act 2007 (see sections 72 and 109 of that Act).\n(5) Subsections (1) to (1C), (3) and (4) of section 44 of the 1974 Act (offences in connection with orders under section 43(2) of that Act) apply in relation to an order under sub-paragraph (2)(c) as they apply in relation to an order under section 43(2) of that Act, except that references in those subsections to provision within section 43(2)(a), (b) or (c) of that Act are to be read as references to provision within sub-paragraph (3)(a), (b) or (c).\n(6) Section 44(2) of the 1974 Act, paragraph 16(1)(d) and (1A)(d) of this Schedule and paragraph 15(3A) of Schedule 14 to the Courts and Legal Services Act 1990 apply in relation to an order under sub-paragraph (2)(c) as they apply in relation to an order under section 43(2) of the 1974 Act.\n(7) For the purposes of sub-paragraph (2)(d) an “appropriate regulator” in relation to the relevant person means—\n(a) if the person is an authorised person in relation to a reserved legal activity for the purposes of the Legal Services Act 2007, any relevant approved regulator (within the meaning of that Act) in relation to that person, and\n(b) if the person carries on activities which are not reserved legal activities, any body which regulates the carrying on of such activities by the person.\n\nPowers of Tribunal in respect of inadequate professional services\n19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nPowers of Tribunal in respect of legal aid complaints\n20(1)Where the Tribunal makes any such order as is referred to in subsection (2A) of section 47 of the 1974 Act in the case of a solicitor who is a manager or employee of a recognised body, the Tribunal may, if it thinks fit, order that any solicitor who is for the time being a manager of that body shall be excluded (either permanently or for a specified period) from criminal legal aid work (as defined in that section) .\n(1A) Where the Tribunal makes any such order as is referred to in section 47(2A) of the 1974 Act in the case of a solicitor who is an employee in a recognised sole solicitor’s practice, the Tribunal may, if it thinks fit, order that any solicitor who is for the time being the sole solicitor in that practice shall be excluded (either permanently or for a specified period) from criminal legal aid work (as defined in that section).\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nRevocation of recognition by reason of default by director\n21(1)Where—\n(a) any order is made by the Tribunal under section 47 of the 1974 Act in the case of a manager of a recognised body or of the sole solicitor in a recognised sole solicitor’s practice ; or\n(b) an order is made by the High Court or the Court of Appeal that the name of a manager of a recognised body , or of the sole solicitor in a recognised sole solicitor’s practice, be struck off the roll or that such a manager or sole solicitor be suspended from practice as a solicitor; or\n(c) any such order as is mentioned in paragraph (a) or (b) is made in the case of a person employed by a recognised body and the act or omission constituting the ground on which the order was made was instigated or connived at by a manager of the recognised body or, if the act or omission was a continuing act or omission, a manager of the body had or reasonably ought to have had knowledge of its continuance, or\n(d) any such order as is mentioned in paragraph (a) or (b) is made in the case of a person employed in a recognised sole solicitor’s practice and the act or omission constituting the ground on which the order was made was instigated or connived at by the sole solicitor, or, if the act or omission was a continuing act or omission, the sole solicitor had or reasonably ought to have had knowledge of its continuance,\nthe Tribunal may, on an application made with respect to the recognised body or the recognised sole solicitor’s practice by or on behalf of the Society, by order revoke its recognition under section 9 of this Act.\n(2) The Tribunal shall not take a case into consideration during any period within which proceedings by way of appeal may be brought which may result in sub-paragraph (1) being rendered inapplicable in that case, or while any such proceedings are pending.\n(3) Any reference to a manager of a recognised body , or to a sole solicitor in a recognised sole solicitor’s practice, in any of paragraphs (a) to (c) of sub-paragraph (1) includes a reference to a person who was a manager of the body , or the sole solicitor in the practice, at the time of the conduct leading to the making of the order referred to in that paragraph.\n(4) The reference in paragraph (c) of sub-paragraph (1) to a person employed by a recognised body , or in a sole solicitor’s practice, includes a reference to a person who was so employed at the time of the conduct leading to the making of the order referred to in that paragraph.\n\nCosts: general modification of provisions of Part III of 1974 Act\n22(1)In the provisions to which this paragraph applies—\n(a) any reference to a solicitor or to a client of a solicitor shall be construed as including a reference to a recognised body or to a client of such a body; and\n(b) any reference to a client’s solicitor shall be construed as including a reference to any recognised body acting for a client.\n(2) This paragraph applies to the following provisions of the 1974 Act (which relate to the remuneration of solicitors in respect of contentious and non-contentious business), namely—\n  * section 56 (except subsections (1)(e) and (5));\n  * sections 57 to 59;\n  * section 60 (except subsection (5));\n  * sections 61 and 62;\n  * sections 64 and 65;\n  * section 67;\n  * section 69(1); and\n  * sections 70 to 74.\n\nOrders as to remuneration for non-contentious business\n23(1)In relation to an order under section 56 of the 1974 Act prescribing (by virtue of paragraph 22) general principles to be applied when determining the remuneration of recognised bodies in respect of non-contentious business, subsection (5) of that section shall have effect as if—\n(a) in paragraph (a), for “the solicitor” there were substituted “the recognised body”; and\n(b) in paragraph (d), the reference to the solicitor or any employee of the solicitor who is an authorised person were a reference to any manager or employee of the recognised body who is an authorised person.\n(2) In this paragraph “authorised person” means a person who is an authorised person in relation to an activity which is a reserved legal activity, within the meaning of the Legal Services Act 2007 (see section 18 of that Act).\n\nEffect of contentious business agreements\n24(1)This paragraph applies in relation to a contentious business agreement made between a recognised body and a client.\n(2) A provision in the agreement that the body shall not be liable for the negligence of any of its managers or employees shall be void if the client is a natural person who, in entering that agreement, is acting for purposes which are outside his trade, business or profession.\n(3) A provision in the agreement that the body shall be relieved from any responsibility to which it would otherwise be subject in the course of carrying on its business as a recognised body shall be void.\n(4) A provision in the agreement that any manager of the body shall be relieved from any responsibility to which the manager would otherwise be subject in the course of the carrying on by the body of its business as a recognised body shall be void.\n\nEffect on contentious business agreement of supervening incapacity of recognised body to act for client\n25(1)If, after some business has been done under a contentious business agreement made between a recognised body and a client but before the body has wholly performed it, the body ceases to be capable of wholly performing it by reason of one of the following events, namely—\n(a) the body ceases (for any reason) to be a recognised body;\n(b) a relevant insolvency event occurs in relation to the body;\n(c) the client terminates the retainer or employment of the body in favour of another recognised body or a solicitor (as, notwithstanding the agreement, he shall be entitled to do),\nany party to, or the representative of any party to, the agreement may apply to the court, and the court shall have the same jurisdiction as to enforcing the agreement so far as it has been performed, or setting it aside, as the court would have had if the recognised body were still capable of wholly performing it.\n(2) The court, notwithstanding that it is of the opinion that the agreement is in all respects fair and reasonable, may order the amount due in respect of business under the agreement to be ascertained by assessment, and in that case—\n(a) the costs officer, in ascertaining that amount, shall have regard so far as may be to the terms of the agreement; and\n(b) payment of the amount found by him to be due may be enforced in the same manner as if the agreement had been wholly performed.\n(3) If in such a case as is mentioned in sub-paragraph (1)(c) an order is made for the assessment of the amount due to the recognised body in respect of the business done under the agreement, the court shall direct the costs officer to have regard to the circumstances under which the termination of the body’s retainer or employment has taken place, and the costs officer, unless he is of the opinion that there has been no default, negligence, improper delay or other conduct on the part of any manager or employee of the body affording the client reasonable ground for terminating its retainer or employment, shall not allow to the body the full amount of the remuneration agreed to be paid to it.\n(4) For the purposes of this paragraph a relevant insolvency event occurs in relation to a recognised body if—\n(a) a resolution for a voluntary winding-up of the body is passed without a declaration of solvency under section 89 of the Insolvency Act 1986;\n(b) the body enters administration within the meaning of paragraph 1(2)(b) of Schedule B1 to that Act;\n(c) an administrative receiver within the meaning of section 251 of that Act is appointed;\n(d) a winding up becomes a creditors’ voluntary winding up under section 96 of that Act (conversion to creditors’ voluntary winding up);\n(e) an order for the winding up of the body is made.\n\nAssessments with respect to contentious business\n26(1)Subject to the provisions of any rules of court, on every assessment of costs in respect of any contentious business done by a recognised body, the costs officer may—\n(a) allow interest at such rate and from such time as he thinks just on money disbursed by the body for the client, and on money of the client in the possession of, and improperly retained by, the body or any manager or employee of the body; and\n(b) in determining the remuneration of the body, have regard to the skill, labour and responsibility on the part of any authorised person, being a manager or employee of the body, which the business involved.\n(2) In this paragraph “authorised person” means an authorised person, in relation to an activity which is a reserved legal activity, within the meaning of the Legal Services Act 2007.\n\nPower of court to order delivery of bill of costs, etc.\n27 Any jurisdiction—\n(a) of the High Court to make any such orders as are referred to in subsection (1) of section 68 of the 1974 Act in relation to a solicitor (whether or not business has been done by him in the High Court); or\n(b) of the county court or the family court to make any such orders as are referred to in subsection (2) of that section in relation to a solicitor,\nshall be exercisable in like manner in relation to a recognised body.\n\nPower of court to order recognised body to pay over clients’ money\n28 Any jurisdiction of the High Court to make, in the case of a solicitor who is acting or has acted as such for a client, an order requiring the payment or delivery up of, or otherwise relating to, money or securities which the solicitor has in his possession or control on behalf of the client shall be exercisable in like manner in the case of a recognised body which is acting or has acted as such for a client or any manager or employee of such a body.\n\nActions to recover costs\n29(1)Subsection (2A) of section 69 of the 1974 Act shall have effect in relation to a bill of costs delivered by a recognised body as if for paragraphs (a) and (b) there were substituted—\n“(a)signed on behalf of the recognised body by any manager or employee of the body authorised by it to do so, or\n(b) enclosed in, or accompanied by, a letter which is so signed and refers to the bill.”\n(2) Subsection (2E) of that section shall have effect in relation to such a bill as if for “the solicitor” there were substituted “ the recognised body ”.\n\nPower of Society to inspect files relating to certain proceedings\n30 Section 83 of the 1974 Act shall apply in relation to proceedings which have been brought with respect to a recognised body for any of the following purposes, namely—\n(a) for the winding-up of the body;\n(b) for the appointment of an administrative receiver within the meaning of section 251 of the Insolvency Act 1986; or\n(c) for the appointment of an administrator under Schedule B1 to the Insolvency Act 1986,\nas it applies in relation to proceedings in bankruptcy which have been taken against a solicitor.\n\nBank accounts\n31 Where rules made under section 32(1) . . . of the 1974 Act are applied to recognised bodies in accordance with section 9(2)(f) of this Act, section 85 of the 1974 Act shall apply in relation to a recognised body which keeps an account with a bank or building society in pursuance of any such rules as it applies in relation to a solicitor who keeps such an account in pursuance of rules under section 32.\n31AWhere rules made under section 32(1) of the 1974 Act are applied to managers or employees in accordance with section 9(2)(fb) of this Act, section 85 of the 1974 Act shall apply in relation to a manager or employee to whom the rules are applied who keeps an account with a bank or building society in pursuance of any such rules as it applies in relation to a solicitor who keeps such an account in pursuance of rules under section 32.\n\nIntervention by Society\n32(1)Subject to sub-paragraph (2), where—\n(a) the Society is satisfied that a recognised body or a manager of such a body has failed to comply with any rules applicable to the body or manager by virtue of section 9 of this Act; or\n(b) a person has been appointed receiver or manager of property of a recognised body; or\n(c) a relevant insolvency event occurs in relation to a recognised body; or\n(d) the Society has reason to suspect dishonesty on the part of any manager or employee of a recognised body in connection with\n(i) that body's business,\n(ii) any trust of which that body is or was a trustee,\n(iii) any trust of which the manager or employee is or was a trustee in his capacity as such a manager or employee, or\n(iv) the business of another body in which the manager or employee is or was a manager or employee or the practice (or former practice) of the manager or employee; or\n(da) the Society considers that there has been undue delay on the part of the personal representatives of a deceased solicitor who immediately before death was practising as the sole principal of a recognised body in connection with the recognised body’s business or in connection with any trust; or\n(db) the Society is satisfied that a solicitor practising as the sole principal of a recognised body is incapacitated by illness, injury or accident to such an extent as to be unable to attend to the solicitor’s practice or to the recognised body’s business; or\n(e) the Society is satisfied that it is necessary to exercise the powers conferred by Part 2 of Schedule 1 to the 1974 Act (or any of them) in relation to a recognised body to protect—\n(i) the interests of clients (or former or potential clients) of the recognised body,\n(ii) the interests of the beneficiaries of any trust of which the recognised body is or was a trustee, or\n(iii) the interests of the beneficiaries of any trust of which a person who is or was a manager or employee of the recognised body is or was a trustee in that person's capacity as such a manager or employee;\nthe powers conferred by Part II of Schedule 1 to the 1975 Act shall be exercisable in relation to the recognised body and its business in like manner as they are exercisable in relation to a solicitor and his practice.\n(1A) For the purposes of this paragraph a relevant insolvency event occurs in relation to a recognised body if—\n(a) a resolution for a voluntary winding-up of the body is passed without a declaration of solvency under section 89 of the Insolvency Act 1986;\n(b) the body enters administration within the meaning of paragraph 1(2)(b) of Schedule B1 to that Act;\n(c) an administrative receiver within the meaning of section 251 of that Act is appointed;\n(d) a meeting of creditors is held in relation to the body under section 95 of that Act (creditors' meeting which has the effect of converting a members' voluntary winding up into a creditors' voluntary winding up);\n(e) an order for the winding up of the body is made.\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n32A.On the death of a solicitor practising as the sole principal of a recognised body, paragraphs 6 to 8 of Schedule 1 to the 1974 Act shall apply to the client accounts of the recognised body.\n33 The powers conferred by Part II of Schedule 1 to the 1974 Act shall also be exercisable as mentioned in paragraph 32(1) of this Schedule where—\n(a) the Society is satisfied that there has been undue delay—\n(i) on the part of a recognised body in connection with any matter in which it is or was acting on behalf of a client or with any trust of which it is or was a trustee, or\n(ii) on the part of a person who is or was a manager or employee of a recognised body in connection with any trust of which the manager or employee is or was a trustee in his capacity as such a manager or employee;\n(b) the Society by notice in writing invites the body to give an explanation within such period following the giving of the notice as may be specified in it, being a period of not less than eight days; and\n(c) the body fails within that period to give an explanation which the Society regards as satisfactory; and\n(d) the Society gives notice of the failure to the body and (at the same or any later time) notice that the powers conferred by Part II of Schedule 1 to the 1974 Act are accordingly exercisable in its case by virtue of this paragraph.\n34(1)Where the recognition of a body . . . under section 9 of this Act—\n(a) has been revoked in accordance with rules under that section or by an order of the Tribunal under this Schedule; or\n(b) has expired and no further recognition of that body has been granted under that section,\nthe powers conferred by Part II of Schedule 1 to the 1974 Act shall be exercisable in relation to the body . . . and its former business as a recognised body as they are exercisable in relation to a solicitor and his practice.\n(2) Where the powers conferred by Part II of Schedule 1 to the 1974 Act are exercisable in relation to a recognised body in accordance with paragraph 32 or 33 of this Schedule they shall continue to be so exercisable after that body’s recognition under section 9 of this Act has been revoked or has otherwise ceased to be in force.\n35 In connection with the application of Part II of Schedule 1 to the 1974 Act for the purposes of this Schedule, in that Part of that Schedule—\n(a) any reference to the solicitor or to his practice shall be construed as including a reference to the body . . . in relation to which the powers conferred by that Part of that Schedule are exercisable by virtue of paragraph 32, 32A, 33 or 34(1) of this Schedule or to its business (or former business) as a recognised body;\n(b) any reference to paragraph 1 of that Schedule shall be construed as including a reference to paragraph 32 or 34(1) of this Schedule; . . .\n(ba) any reference to paragraph 2 of that Schedule shall be construed as including a reference to paragraph 32A of this Schedule;\n(c) any reference to paragraph 3 of that Schedule shall be construed as including a reference to paragraph 33 of this Schedule.\n(d) paragraph 6(2)(a) of that Schedule is to be construed as including a reference to sums of money held by or on behalf of the recognised body in connection with any trust of which a person who is or was a manager of the recognised body is or was a trustee in his capacity as such a manager;\n(e) paragraph 9 of that Schedule is to be construed—\n(i) as if sub-paragraph (1) included a reference to documents in the possession or under the control of the recognised body in connection with any trust of which a person who is or was a manager or employee of the recognised body is or was a trustee in his capacity as such a manager or employee, and\n(ii) as applying to such a manager or employee and documents and property in his possession or under his control in connection with such a trust as it applies to a solicitor and documents and property in the possession or under the control of the solicitor;\n(f) paragraph 11(1) of that Schedule is to be construed as including a power for the Society to apply to the High Court for an order for the appointment of a new trustee to a trust in substitution for a person who is a trustee, in his capacity as a manager or employee of the recognised body; and\n(g) paragraph 13A of that Schedule is to be read as if the references to a former partner were references—\n(i) in the case of a recognised body which is a partnership, to a former partner in the partnership, and\n(ii) in any other case to a manager or former manager of the recognised body.\n\nPrivilege from disclosure etc.\n36(1)Where a recognised body acts as such for a client, any communication, document, material or information is privileged from disclosure in like manner as if the recognised body had at all material times been a solicitor acting for the client.\n(2) Any enactment or instrument making special provision in relation to a solicitor or other legal representative as to the disclosure of information, or as to the production, seizure or removal of documents, with respect to which a claim to professional privilege could be maintained shall, with any necessary modifications, have effect in relation to a recognised body as it has effect in relation to a solicitor.\n(3) In ... sections 748(4), 749 and 771(5) and (6) and 788(5) and (6) of the Income Tax Act 2007 and section 832(5) and (6) of the Corporation Tax Act 2010 any reference to a solicitor’s client shall, in relation to a solicitor who is a manager or employee of a recognised body, be construed as a reference to a client of that body.\n(4) This paragraph does not apply to a recognised body which holds a licence under Part 5 of the Legal Services Act 2007 (alternative business structures).\n\nModification of enactments relating to conveyancing etc.\n37 In the following provisions, namely—\n(a) sections 10(2), 48 and 182 of the Law of Property Act 1925;\n(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(c) section 12 of the Land Charges Act 1972;\n(d) section 13 of the Local Land Charges Act 1975; . . .\n(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\nany reference to a solicitor shall be construed as including a reference to a recognised body, and any reference to a person’s solicitor shall be construed as including a reference to a recognised body acting for that person.\nSection 12.\n\nSCHEDULE 3 The Council for Licensed Conveyancers: Supplementary Provisions\n\nStatus\n1 The Council shall be a body corporate.\n\nConstitution\n2(1)The Council shall consist of—\n(a) not more than ten persons who are—\n(i) licensed conveyancers; ...\n(ia) licensed CLC practitioners; or\n(ii) other persons practising as authorised persons in the course of a business which is carried on either by a recognised body or by a licensed body which holds a licence granted by the Council ; and\n(b) not more than eleven persons who are lay persons,\nbeing persons appointed as members of the Council in accordance with a scheme under paragraph 4.\n(2) The Council shall in accordance with any such scheme appoint one of its members to be chairman of the Council.\n(3) In sub-paragraph (1)—\n  * “authorised person” has the meaning given by section 32A;\n  * “lay person” has the same meaning as in Schedule 1 to the Legal Services Act 2007 (see paragraph 2 of that Schedule).\n  * “licensed body” has the same meaning as in the Legal Services Act 2007 (see section 71).\n3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n4(1)The Council shall prepare a scheme making provision as to—\n(a) the appointment of persons for the purposes of paragraphs (a) and (b) of paragraph 2(1);\n(b) the appointment of a person as chairman under paragraph 2(2); and\n(c) the tenure and vacation of office of persons appointed as aforesaid, and the eligibility of persons for appointment.\n(2) A scheme under this paragraph shall secure that (except during any casual vacancy) the total number of persons appointed for the purposes of paragraph (b) of paragraph 2(1) exceeds ... the total number of persons appointed for the purposes of paragraph (a) of that provision.\n(3) A scheme under this paragraph shall not come into force until it has been approved by the Legal Services Board.\n(4) The Legal Services Board may approve a scheme under this paragraph either as submitted to it or subject to such modifications as it thinks fit; but where the Legal Services Board proposes to approve a scheme subject to modifications it shall notify the modifications to the Council and consider any observations of the Council on them.\n(5) A scheme under this paragraph may be varied or revoked by any subsequent such scheme.\n\nRemuneration of members\n5 The Council shall have power to pay to the members of the Council or any of its committees such fees for attendance and such travelling, subsistence or other allowances as the Council may determine.\n\nIncidental powers\n6 The Council shall have power to do anything which in its opinion is calculated to facilitate the proper discharge of its functions, including the borrowing of money.\n\nOfficers and staff\n7(1)The Council shall have power to appoint such officers and servants as it may determine.\n(2) The Council shall pay to its officers and servants such remuneration as it may determine.\n(3) The Council shall, as regards any officers or servants in whose case it may determine to do so, pay to or in respect of them such pensions, allowances or gratuities, or provide and maintain for them such schemes (whether contributory or not) for the payment to or in respect of them of such pensions, allowances or gratuities, as it may determine.\n\nCommittees of the Council\n8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nProceedings\n9(1)The powers of the Council and of any of its committees may be exercised notwithstanding any vacancy, and no proceedings of the Council or of any of its committees shall be invalidated by any defect in the appointment of a member.\n(2) The Council may make standing orders for regulating the proceedings (including quorum) of the Council and of any of its committees other than the Discipline and Appeals Committee established under section 25.\n\nExpenses of Council\n10(1)The expenses incurred by the Council in the discharge of its functions shall be defrayed out of sums received by it in respect of fees and out of any sums received by it by virtue of sub-paragraph (2).\n(2) The Lord Chancellor may make grants to the Council towards meeting the expenses incurred, or to be incurred, by it in the discharge of its functions.\n(3) Any sums required by the Lord Chancellor for making grants under sub-paragraph (2) shall be paid out of money provided by Parliament.\n\nAccounts\n11(1)The Council shall keep proper accounts of all sums received or paid by it and proper records in relation to those accounts.\n(2) The Council shall appoint auditors to the Council, each of whom shall be eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006.\n(3) The Council shall cause their accounts to be audited annually by the auditors to the Council; and, as soon as is practicable after the accounts for any period have been audited, the Council shall cause them to be published and shall send a copy of them to the Lord Chancellor together with a copy of any report of the auditors thereon.\nSection 30.\n\nSCHEDULE 4 The Discipline and Appeals Committee: Supplementary Provisions\n\nRules of procedure\n1(1)The Council shall make rules about the procedure and practice to be followed in relation to proceedings before the Discipline and Appeals Committee under this Part.\n(2) As respects proceedings before the Committee under section 26, rules under this paragraph shall in particular make provision—\n(a) for securing that, where proceedings are to be brought against any person, notice that the proceedings are to be brought shall be given to that person at such time and in such manner as may be specified in the rules;\n(b) for securing that any party to the proceedings shall, if he so requires, be entitled to be heard by the Committee;\n(c) for enabling any party to the proceedings to be represented by counsel or solicitor, or (if the rules so provide and the party so elects) by a person of such other description as may be specified in the rules;\n(d) for requiring proceedings before the Committee to be held in public so far as may be provided by the rules.\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(5) In this paragraph and paragraph 2“party”, in relation to any proceedings, means—\n(a) the person against whom the proceedings are brought;\n(b) a person on whose complaint the proceedings are brought; or\n(c) a person appointed by the Council to represent the Council at the proceedings.\n\nEvidence etc.\n2(1)For the purposes of any proceedings before the Discipline and Appeals Committee under section 26—\n(a) the Committee may administer oaths; and\n(b) any party to the proceedings may sue out writs of subpoena ad testificandum and of subpoena duces tecum;\nbut no person shall be compelled under any such writ to produce any document which he could not be compelled to produce on the trial of an action.\n(2) Section 36 of the Senior Courts Act 1981(subpoena issued by High Court to run through United Kingdom) shall apply in relation to any such proceedings before the Committee as it applies in relation to causes or matters in the High Court.\n(3) Paragraph 1(5) applies for the purposes of this paragraph.\n3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nFiling of orders of Committee\n4(1)Every order of the Discipline and Appeals Committee under this Part shall be filed with the Council, together with a statement of the Committee’s findings signed by the chairman or by some other member of the Committee authorised by him for the purpose.\n(2) Any file kept by the Council under this paragraph may be inspected during office hours without payment.\n(3) An order which has been filed shall be treated, for the purpose of enforcement, as if it had been made by the High Court.\nSection 31.\n\nSCHEDULE 5 Intervention in Licensed Conveyancer’s Practice\n\nPart I Circumstances in which Council may Intervene\n1(1)Subject to sub-paragraph (2), the powers conferred by Part II of this Schedule shall be exercisable where—\n(a) the Council has reason to suspect dishonesty on the part of—\n(i) a licensed conveyancer, or\n(ii) an employee or associate of a licensed conveyancer, or\n(iii) the personal representatives of a deceased licensed conveyancer,\nin connection with that licensed conveyancer’s practice or former practice or in connection with any trust of which that licensed conveyancer is or was a trustee;\n(aa) the Council has reason to suspect dishonesty on the part of a licensed conveyancer (“L”) in connection with—\n(i) the business of any person of whom L is or was an employee, or of any body of which L is or was a manager, or\n(ii) any business which is or was carried on by L as a sole trader;\n(b) following the death of a licensed conveyancer who, immediately before his death was practising as a sole practitioner, the Council considers that there has been undue delay on the part of the personal representatives of that person in connection with his practice or in connection with any trust;\n(c) the Council is satisfied that a licensed conveyancer has failed to comply with any rules made by virtue of section 20, 21(3)(c), 22 or 23;\n(d) a licensed conveyancer has made a composition or arrangement with his creditors;\n(e) a licensed conveyancer has been committed to prison in any civil or criminal proceedings;\n(ea) the Council is satisfied that a licensed conveyancer has abandoned his practice;\n(eb) the Council is satisfied that a licensed conveyancer has been practising in breach of any conditions subject to which his licence has effect;\n(f) the Council is satisfied that a licensed conveyancer practising as a sole practitioner is incapacitated by illness , injury or accident to such an extent as to be unable to attend to his practice;\n(g) a licensed conveyancer lacks capacity (within the meaning of the Mental Capacity Act 2005) to act as a licensed conveyancer and powers under section 15 to 20 or section 48 of that Act are exercisable in relation to the licensed conveyancer;\n(h) the licence held by any person—\n(i) has been suspended or has terminated in accordance with section 18; or\n(ii) has been revoked or suspended by an order of the Discipline and Appeals Committee under section 26; or\n(iii) has expired and no further licence has been issued to him under this Part of this Act.\n(i) the Council is satisfied that it is necessary to exercise the powers conferred by Part 2 of this Schedule (or any of them) in relation to a licensed conveyancer to protect—\n(i) the interests of clients (or former or potential clients) of the licensed conveyancer or his firm, or\n(ii) the interests of the beneficiaries of any trust of which the licensed conveyancer is or was a trustee.\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3) For the purposes of the following provisions of this Schedule any person in relation to whom the powers conferred by Part II are exercisable by virtue of sub-paragraph (1)(h) shall be deemed to be a licensed conveyancer.\n2 On the death of a licensed conveyancer who immediately before his death was practising as a sole practitioner paragraphs 6 to 8 shall apply to the client accounts of his practice.\n3 The powers conferred by Part II of this Schedule shall also be exercisable, subject to paragraphs 5(4) and 10(9), where—\n(a) the Council is satisfied that there has been undue delay on the part of a licensed conveyancer in connection with any matter in which he or his firm is or was acting on behalf of a client or in connection with any trust; and\n(b) the Council by notice in writing invites the conveyancer to give an explanation within such period following the giving of the notice as may be specified in it, being a period of not less than eight days; and\n(c) the conveyancer fails within that period to give an explanation which the Council regards as satisfactory; and\n(d) the Council gives notice of the failure to the conveyancer and (at the same or any later time) notice that the powers conferred by Part II of this Schedule are accordingly exercisable in his case.\n4(1)Where the powers conferred by Part II of this Schedule are exercisable in relation to a licensed conveyancer, they shall continue to be exercisable after his death or after his licence has been revoked or suspended or has otherwise ceased to be in force under this Part of this Act.\n(2) The references to the licensed conveyancer or his firm in paragraphs 5(1), 6(2) and (3) , 6A, 8, 9(1) , (5) and (6) and 10(2) and (7) include, in any case where the licensed conveyancer has died, references to his personal representatives.\n\nPart II Powers Exercisable on Intervention\n\nMoney\n5(1)The High Court, on the application of the Council, may order that no payment shall be made without the leave of the court by any person (whether or not named in the order) of any money held by him (in whatever manner and whether it was received before or after the making of the order) on behalf of the licensed conveyancer or his firm.\n(2) No order under this paragraph shall take effect in relation to any person to whom it applies unless the Council has served a copy of the order on him (whether or not he is named in it) and, in the case of a bank or other financial institution, has indicated at which of its branches the Council believes that the money to which the order relates is held.\n(3) A person shall not be treated as having disobeyed an order under this paragraph by making a payment of money if he satisfies the court that he exercised due diligence to ascertain whether it was money to which the order related but nevertheless failed to ascertain that the order related to it.\n(4) This paragraph does not apply where the powers conferred by this Part of this Schedule are exercisable by virtue of paragraph 3.\n6(1)Without prejudice to paragraph 5, if the Council passes a resolution to the effect that any sums of money to which this paragraph applies, and the right to recover or receive them, shall vest in the Council, all such sums shall vest accordingly (whether they were received by the person holding them before or after the Council’s resolution) and shall be held by the Council on trust to exercise in relation to them the powers conferred by this Part of this Schedule and subject thereto and to rules under paragraph 6B upon trust for the persons beneficially entitled to them.\n(2) This paragraph applies—\n(a) where the powers conferred by this paragraph are exercisable by virtue of paragraph 1, to all sums of money held by or on behalf of the licensed conveyancer or his firm in connection with his practice or former practice or with any trust of which he is or was a trustee,\n(b) where they are exercisable by virtue of paragraph 2, to all sums of money in any client account; and\n(c) where they are exercisable by virtue of paragraph 3, to all sums of money held by or on behalf of the licensed conveyancer or his firm in connection with the matter to which the complaint relates.\n(3) The Council shall serve on the licensed conveyancer or his firm and on any other person having possession of sums of money to which this paragraph applies a certified copy of the Council’s resolution and a notice prohibiting the payment out of any such sums of money.\n(4) Within eight days of the service of a notice under sub-paragraph (3), the person on whom it was served, on giving not less than 48 hours’ notice in writing to the Council and (if the notice gives the name of the solicitor instructed by the Council) to that solicitor, may apply to the High court for an order directing the Council to withdraw the notice.\n(5) If the court makes such an order, it shall have power also to make such other order with respect to the matter as it may think fit.\n(6) If any person on whom a notice has been served under sub-paragraph (3) pays out sums of money at a time when such payment is prohibited by the notice, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding the third level on the standard scale.\n6A(1)Without prejudice to paragraph 5, if the Council passes a resolution to the effect that any rights to which this paragraph applies shall vest in the Council, those rights shall vest accordingly.\n(2) This paragraph applies to any right to recover or receive debts due to the licensed conveyancer or his firm in connection with his practice or former practice.\n(3) Any sums recovered by the Council by virtue of the exercise of rights vested under sub-paragraph (1) shall vest in the Council and shall be held by it on trust to exercise in relation to them the powers conferred by this Part of this Schedule and, subject to those powers and to rules under paragraph 6B, upon trust for the persons beneficially entitled to them.\n(4) The Council shall serve on the licensed conveyancer or his firm, and any person who owes a debt to which the order applies a certified copy of the Council's resolution.\n6B(1)The Council may make rules governing its treatment of sums vested in it under paragraph 6 or 6A(3).\n(2) The rules may, in particular, make provision in respect of cases where the Council, having taken such steps to do so as are reasonable in all the circumstances of the case, is unable to trace the person or persons beneficially entitled to any sum vested in the Council under paragraph 6 or 6A(3) (including provision which requires amounts to be paid into or out of a fund maintained under section 21).\n7(1)If the Council takes possession of any sum of money to which paragraph 6 applies, the Council shall pay it into a special account in the name of the Council or of a person nominated on behalf of the Council; and any such person shall hold that sum on trust to permit the Council to exercise in relation to it the powers conferred by this Part of this Schedule and subject thereto and to rules under paragraph 6B, on trust for the persons beneficially entitled to it.\n(2) A bank or other financial institution at which a special account is kept shall be under no obligation to ascertain whether it is being dealt with properly.\n8 Without prejudice to paragraphs 5 to 7, if the High Court is satisfied, on an application by the Council, that there is reason to suspect that any person\n(a) holds money on behalf of the licensed conveyancer or his firm, or\n(b) has information which is relevant to identifying any money held by or on behalf of the licensed conveyancer or his firm,\nthe court may require that person to give the Council information as to any such money and the accounts in which it is held.\n\nDocuments\n9(1)The Council may give notice to the licensed conveyancer or his firm requiring the production or delivery to any person appointed by the Council at a time and place to be fixed by the Council—\n(a) where the powers conferred by this Part of this Schedule are exercisable by virtue of paragraph 1, of all documents in the possession or under the control of the licensed conveyancer or his firm in connection with his practice or former practice or with any trust of which the licensed conveyancer is or was a trustee; and\n(b) where they are exercisable by virtue of paragraph 3, of all documents in the possession or under the control of the licensed conveyancer or his firm in connection with the matters of which the Council is satisfied(whether or not they relate also to other matters).\n(2) The person appointed by the Council may take possession of any such documents on behalf of the Council.\n(3) Except in a case where an application has been made to the High Court under sub-paragraph (4), if any person having possession or control of any such documents refuses, neglects or otherwise fails to comply with a requirement under sub-paragraph (1), he shall be guilty of an offence and liable on summary conviction to a fine not exceeding the third level on the standard scale.\n(4) The High Court, on the application of the Council, may order a person required to produce or deliver documents under sub-paragraph (1) to produce or deliver them to any person appointed by the Council at such time and place as may be specified in the order, and authorise him to take possession of them on behalf of the Council.\n(5) If on an application by the Council the High Court is satisfied that there is reason to suspect that documents in relation to which the powers conferred by sub-paragraph (1) are exercisable have come into the possession or are under the control of some person other than the licensed conveyancer or his firm, the court may order that person to produce or deliver the documents to any person appointed by the Council at such time and place as may be specified in the order and authorise him to take possession of them on behalf of the Council.\n(5A) In the case of a document which consists of information which is stored in electronic form, the requirement imposed by a notice under sub-paragraph (1) or an order under sub-paragraph (4) or (5), is a requirement to produce or deliver the information in a form in which it is legible or from which it can readily be produced in a legible form.\n(6) On making an order under this paragraph, or at any later time, the court, on the application of the Council, may authorise a person appointed by the Council to enter any premises (using such force as is reasonably necessary) to search for and take possession of\n(a) any documents to which the order relates.\n(b) any property—\n(i) in the possession or under the control of the licensed conveyancer or his firm, or\n(ii) in the case of an order under sub-paragraph (5), which was in the possession or under the control of such a person and has come into the possession or under the control of the person in respect of whom the order is made,\nwhich the Council reasonably requires for the purpose of accessing information contained in such documents,\nand to use property obtained under paragraph (b) for that purpose.\n(7) The Council, on taking possession of any documents or other property under this paragraph, shall serve upon the licensed conveyancer or personal representatives and upon any other person from whom they were received on the Council’s behalf or from whose premises they were taken a notice that possession has been taken on the date specified in the notice.\n(8) Subject to sub-paragraph (9) a person upon whom a notice under sub-paragraph (7) is served, on giving not less than 48 hours’ notice to the Council and (if the notice gives the name of the solicitor instructed by the Council) to that solicitor, may apply to the High Court for an order directing the Council to deliver the documents or other property to such person as the applicant may require.\n(9) A notice under sub-paragraph (8) must be given within eight days of the service of the Council’s notice under sub-paragraph (7).\n(10) Without prejudice to the foregoing provisions of this Schedule, the Council may apply to the High Court for an order as to the disposal or destruction of any documents or other property in its possession by virtue of this paragraph or paragraph 10.\n(11) On an application under sub-paragraph (8) or (10), the court may make such order as it thinks fit.\n(12) Except so far as its right to do so may be restricted by an order on an application under sub-paragraph (8) or (10), the Council may take copies of or extracts from any documents in its possession by virtue of this paragraph or paragraph 10 and require any person to whom it is proposed that such documents shall be delivered, as a condition precedent to delivery, to give a reasonable undertaking to supply copies or extracts to the Council.\n\nRedirection of communications\n10(1)The High Court, on the application of the Council, may from time to time make a communications redirection order.\n(2) A communications redirection order is an order that specified communications to the licensed conveyancer or his firm are to be directed, in accordance with the order, to the Council, or any person appointed by the Council.\n(3) For the purposes of this paragraph—\n(a)“specified communications” means communications of such description as are specified in the order;\n(b) the descriptions of communications which may be so specified include—\n(i) communications in the form of a postal packet;\n(ii) electronic communications;\n(iii) communications by telephone.\n(4) A communications redirection order has effect for such time not exceeding 18 months as is specified in the order.\n(5) Where a communications redirection order has effect, the Council or the person appointed by the Council may take possession or receipt of the communications redirected in accordance with the order.\n(6) Where a communications redirection order is made the Council must pay to—\n(a) in the case of an order relating to postal packets, the postal operator concerned, and\n(b) in any other case, the person specified in the order,\nthe like charges (if any) as would have been payable for the redirection of the communications to which the order relates if the addressee had permanently ceased to occupy or use the premises or other destination of the communications and had applied to the postal operator or the specified person (as the case may be) to redirect the communications to him as mentioned in the order.\n(7) The High Court may, on the application of the Council, authorise the Council, or a person appointed by it, to take such steps as may be specified in the order in relation to any website purporting to be or have been maintained by or on behalf of the licensed conveyancer or his firm if the High Court is satisfied that the taking of those steps is necessary to protect the public interest or the interests of clients (or potential or former clients) of the licensed conveyancer or his firm.\n(8) In this paragraph “postal operator” and “postal packet” have the meaning given by section 27 of the Postal Services Act 2011 .\n(9) This paragraph does not apply where the powers conferred by this Part of this Schedule are exercisable by virtue of paragraph 3.\n\nTrusts\n10A(1)If the licensed conveyancer or his personal representative is a trustee of a trust, the Council may apply to the High Court for an order for the appointment of a new trustee in substitution for him.\n(2) The Trustee Act 1925 has effect in relation to an appointment of a new trustee under this paragraph as it has effect in relation to an appointment under section 41 of that Act.\n\nGeneral\n11 The powers in relation to sums of money , documents and other property conferred by this Part of this Schedule shall be exercisable notwithstanding any lien on them or right to their possession.\n12 Subject to any order for the payment of costs that may be made on an application to the court under this Schedule, any costs incurred by the Council for the purposes of this Schedule, including, without prejudice to the generality of this paragraph, the costs of any person exercising powers under this Part of this Schedule on behalf of the Council, shall be paid by the licensed conveyancer or his personal representatives and shall be recoverable from him or them as a debt owing to the Council.\n12A(1)The High Court, on the application of the Council, may order a former partner of the licensed conveyancer to pay a specified proportion of the costs mentioned in paragraph 12.\n(2) The High Court may make an order under this paragraph only if it is satisfied that the conduct (or any part of the conduct) by reason of which the powers conferred by this Part were exercisable in relation to the licensed conveyancer was conduct carried on with the consent or connivance of, or was attributable to any neglect on the part of, the former partner.\n(3) In this paragraph “specified” means specified in the order made by the High Court.\nSection 32.\n\nSCHEDULE 6 Bodies Recognised under s.32: Supplementary Provisions\n\nConstruction of references to recognised bodies\n1(1)Subject to sub-paragraph (2), references in this Schedule to a recognised body are references to a body . . . for the time being recognised under section 32.\n(2) In relation to any such allegation . . . as is mentioned in paragraph 3(1)(a)(ii) . . . of this Schedule references in this Schedule to a recognised body include references to a body . . . that was recognised under section 32 at the time when the conduct to which the allegation . . . relates took place.\n\nDisciplinary control of recognised bodies\n2 In addition to the functions conferred on them by sections 24 , 24A and 25 the Investigating Committee and the Discipline and Appeals Committee shall have the functions conferred on them by the following provisions of this Schedule.\n3(1)The Investigating Committee shall carry out a preliminary investigation of any case in which—\n(a) it is alleged that a recognised body—\n(i) has (while a recognised body) been convicted . . . of a criminal offence which renders it unsuitable to be recognised under section 32; or\n(ii) has failed to comply with any rules applicable to it by virtue of that section; ...\n(aa) it is alleged that a manager or employee of a recognised body who is not a licensed conveyancer has failed to comply with any rules applicable to him by virtue of section 32;\n(aaa) it is alleged that a manager or employee of a recognised body who is not a licensed CLC practitioner has failed to comply with any rules applicable to him by virtue of section 32; or\n(ab) it is alleged that a recognised body (while a recognised body) has failed to comply with a condition subject to which its recognition has effect.\n(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n. . .\n(1A) After making such an investigation, the Investigating Committee may—\n(a) hear and determine the allegation, or\n(b) refer the allegation to the Discipline and Appeals Committee for hearing and determination by that Committee under paragraph 4.\n(1B) The Council shall make rules as to the cases in which the Investigating Committee may hear and determine an allegation, and the cases in which they must refer an allegation to the Discipline and Appeals Committee.\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n3A(1)Where, on hearing an allegation by virtue of paragraph 3(1A)(a), the Investigating Committee are satisfied—\n(a) in a case within paragraph 3(1)(a), that a recognised body has failed to comply with any such rules as are mentioned in sub-paragraph (ii) of that paragraph, or\n(b) in a case within paragraph 3(1)(aa) or (aaa) , that a manager or employee has failed to comply with any such rules as are mentioned in paragraph 3(1)(aa) or (aaa) (as the case may be) , or\n(c) in a case within paragraph 3(1)(ab), that a recognised body has failed to comply with any condition mentioned in that paragraph,\nthe Committee may make an order directing the payment by the recognised body, manager or employee of a penalty to be forfeited to Her Majesty.\n(2) In relation to proceedings before the Investigating Committee by virtue of paragraph 3(1A)(a), the Committee may make such order as they consider fit as to the payment of costs by—\n(a) the Council;\n(b) the recognised body, manager or employee against whom the proceedings were brought;\n(c) if the person on whose allegation the proceedings were brought was heard (in person, or through a representative) by the Committee in the course of the proceedings, that person.\n(3) In sub-paragraph (2), for the purposes of paragraph (a) or (b) of that sub-paragraph, the reference to costs includes costs incurred in connection with a preliminary investigation of the allegation under paragraph 3.\n(4) The amount of any penalty required to be paid under sub-paragraph (1) may not exceed such amount as is prescribed by rules made by the Council for the purposes of this sub-paragraph.\n(5) Paragraphs 1, 2(1) and (3) and 4 of Schedule 4 have effect in relation to—\n(a) proceedings for the hearing and determination of an allegation by the Investigating Committee, as they have effect in relation to proceedings before the Discipline and Appeals Committee under section 26, and\n(b) orders of the Investigating Committee, as they have effect in relation to orders of the Discipline and Appeals Committee.\n(6) A person against whom an order is made by the Investigating Committee by virtue of sub-paragraph (1) may appeal to the Discipline and Appeals Committee, and on any such appeal the Discipline and Appeals Committee may make such order as they think fit.\n(7) If an order is made by the Investigating Committee by virtue of sub-paragraph (2), a person listed in paragraphs (a) to (c) of that sub-paragraph may appeal to the Discipline and Appeals Committee, and on any such appeal the Discipline and Appeals Committee may make such order as they think fit.\n(8) Where an order is made by the Discipline and Appeals Committee under sub-paragraph (6) or (7)—\n(a) a party to the appeal, or\n(b) if not within paragraph (a), the Council,\nmay appeal against the order to the First-tier Tribunal .\n(9) On an appeal under sub-paragraph (8) the First-tier Tribunal may make such order as it thinks fit.\n(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n4(1)Where on the hearing of any allegation within paragraph 3(1)(a) or (ab) the Discipline and Appeals Committee are satisfied that a recognised body—\n(a) has been convicted as mentioned in sub-paragraph (i) of paragraph (3)(1)(a); or\n(b) has failed to comply with any such rules as are mentioned in sub-paragraph (ii) of that paragraph,\n, or\n(c) has failed to comply with any such condition as is mentioned in paragraph 3(1)(ab),\nthe Committee may, if they think fit, make one or more of the orders referred to in sub-paragraph (2).\n(2) Those orders are—\n(a) an order revoking the recognition under section 32 of the body to which the allegation relates;\n(b) an order directing the payment by that body of a penalty not exceeding such amount as may be prescribed by rules made by the Council for the purposes of this sub-paragraph, to be forfeited to Her Majesty;\n(ba) an order reprimanding that body;\n(bb) an order that the recognition of that body under section 32 is to have effect subject to such conditions as may be specified in the order;\n(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(2A) Where on the hearing of any allegation within paragraph 3(1)(aa) or (aaa) the Discipline and Appeals Committee are satisfied that a manager or employee has failed to comply with any such rules as are mentioned in paragraph 3(1)(aa) or (aaa) (as the case may be) , the Committee may, if they think fit, make one or more of the orders referred to in sub-paragraph (2B).\n(2B) Those orders are—\n(a) an order directing the payment by the manager or employee of a penalty not exceeding such amount as may be prescribed by rules made by the Council for the purposes of this sub-paragraph;\n(b) an order requiring the Council to consider taking such steps as the Committee may specify in relation to the manager or employee;\n(c) an order requiring the Council to refer to an appropriate regulator any matter relating to the conduct of the manager or employee.\n(2C) For the purposes of sub-paragraph (2B)(c) an “appropriate regulator” in relation to a manager or employee means—\n(a) if the person is an authorised person in relation to a reserved legal activity for the purposes of the Legal Services Act 2007, any relevant approved regulator (within the meaning of that Act) in relation to that person, and\n(b) if the person carries on activities which are not reserved legal activities, any person who exercises regulatory functions in relation to the carrying on of such activities by the person.\n(2D) In relation to proceedings under this paragraph, the Committee may make such order as they consider fit as to the payment of costs by—\n(a) the Council;\n(b) the recognised body or manager or employee against whom the proceedings were brought;\n(c) if the person on whose allegation the proceedings were brought was heard (in person, or through a representative) by the Committee in the course of the proceedings, that person.\n(2E) In sub-paragraph (2D), for the purposes of paragraph (a) or (b) of that sub-paragraph, the reference to costs includes costs incurred in connection with a preliminary investigation of the allegation under paragraph 3.\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n5(1)Where—\n(a) any order is made by the Discipline and Appeals Committee under section 26 or paragraph 4 in the case of a manager of a recognised body; or\n(b) any such order is made in the case of a person employed by a recognised body and the act or omission constituting the ground on which the order was made was instigated or connived at by a manager of the recognised body, or, if the act or omission was a continuing act or omission, a manager of the body had or reasonably ought to have had knowledge of its continuance,\nthe Discipline and Appeals Committee may, if they think fit, by order revoke the recognition of that body under section 32.\n(2) The Committee shall not take a case into consideration during any period within which proceedings by way of appeal may be brought which may result in sub-paragraph (1) being rendered inapplicable in that case, or while any such proceedings are pending.\n(3) The reference to a manager of a recognised body in paragraph (a) or (b) of sub-paragraph (1) includes a reference to a person who was a manager of the body at the time of the conduct leading to the making of the order referred to in that paragraph.\n(4) In relation to proceedings for the revocation of a recognition under sub-paragraph (1), the Discipline and Appeals Committee may make such order as they consider fit as to the payment of costs by—\n(a) the Council;\n(b) the body to whose recognition the proceedings relate.\n\nAppeals against orders of the Committee\n6(1)Where the Committee make an order by virtue of paragraph 4(1) or (2A) or 5(1)—\n(a) the person as regards whom the order is made, or\n(b) the Council,\nmay appeal to the First-tier Tribunal, and on any such appeal the First-tier Tribunal may make such order as it thinks fit.\n(1A) Where an order is made by the Committee under paragraph 4(2D) or 5(4) a person listed in that paragraph may appeal to the First-tier Tribunal , and on any such appeal the First-tier Tribunal may make such order as it thinks fit.\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nRevocation of recognition on grounds of fraud or error\n7(1)Where the Discipline and Appeals Committee are satisfied that the recognition of a body . . . under section 32 was granted as a result of any error, or as a result of fraud on the part of that body, the Committee may, if they think fit, by order revoke that body’s recognition.\n(2) A body . . . may be granted recognition under that section notwithstanding that any recognition previously granted to it has been revoked under this paragraph; but if any such recognition was so revoked on the ground of fraud that body shall not be granted recognition under that section except on an application made in that behalf to the Committee.\n(3) In relation to proceedings for the revocation of a recognition under sub-paragraph (1), the Discipline and Appeals Committee may make such order as they consider fit as to the payment of costs by—\n(a) the Council;\n(b) the body to whose recognition the proceedings relate.\n(4) In relation to proceedings on an application under sub-paragraph (2), the Discipline and Appeals Committee may make such order as they consider fit as to the payment of costs by—\n(a) the Council;\n(b) the applicant.\n\nAppeal against decision of Council in relation to grant of recognition\n8(1)Where, in the case of any body . . . , the Council—\n(a) refuses an application by that body for recognition under section 32; or\n(b) decides to grant recognition of that body under that section subject to any conditions, or\n(c) decides to give a direction in relation to that body under section 32(3B), or\n(d) refuses an application by that body under section 32(3D),\nthat body may appeal to the Discipline and Appeals Committee against that refusal or decision within one month of being notified of it.\n(2) On an appeal under sub-paragraph (1)(a) or (b) the Discipline and Appeals Committee may—\n(a) by order direct the Council to grant recognition of the body in question under section 32, either without conditions or subject to such conditions as may be specified by the Committee in the direction; or\n(b) affirm the refusal or decision of the Council;\nand the Committee may make such order as to the payment of costs by the Council or by that body as they think fit.\n(2A) On an appeal under sub-paragraph (1)(c), the Discipline and Appeals Committee may—\n(a) revoke the direction of the Council under section 32(3B),\n(b) direct that the body's recognition is to have effect subject to such conditions as may be specified by the Council in the direction, or\n(c) affirm the decision of the Council,\nand the Committee may make such order as to the payment of costs by the Council or by that body as they think fit.\n(2B) On an appeal under sub-paragraph (1)(d), the Discipline and Appeals Committee may—\n(a) direct the Council to grant the application, or\n(b) affirm the decision of the Council,\nand the Committee may make such order as to the payment of costs by the Council or by that body as they think fit.\n(3) Rules made by the Council may make provision, as respects any application for recognition that is neither granted nor refused by the Council within such period as may be specified in the rules, for enabling an appeal to be brought under this paragraph in relation to the application as if it had been refused by the Council.\n\nRules of procedure, etc.\n9(1)Paragraphs 1(2) and 2 of Schedule 4 shall have effect in relation to proceedings under paragraph 3A, 4 or 5 of this Schedule as they have effect in relation to proceedings under section 26.\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nIntervention by Council\n10(1)Subject to sub-paragraph (2), where—\n(a) the Council is satisfied that a recognised body or a manager of such a body has failed to comply with any rules applicable to it by virtue of section 32; or\n(aa) the Council is satisfied that a recognised body has been carrying on business in breach of any condition subject to which the body's recognition under section 32 of this Act has effect; or\n(b) a person has been appointed receiver or manager of property of a recognised body ; or\n(c) a relevant insolvency event occurs in relation to a recognised body; or\n(d) the Council has reason to suspect dishonesty on the part of any manager or employee of a recognised body in connection with\n(i) that body's business,\n(ii) any trust of which that body is or was a trustee,\n(iii) any trust of which the manager or employee is or was a trustee in his capacity as such a manager or employee, or\n(iv) the business of another body in which the manager or employee is or was a manager or employee or the practice (or former practice) of the manager or employee;\nor\n(e) the Council is satisfied that it is necessary to exercise the powers conferred by Part 2 of Schedule 5 (or any of them) in relation to a recognised body to protect—\n(i) the interests of clients (or former or potential clients) of the recognised body,\n(ii) the interests of the beneficiaries of any trust of which the recognised body is or was a trustee, or\n(iii) the interests of the beneficiaries of any trust of which a person who is or was a manager or employee of the recognised body is or was a trustee in that person's capacity as such a manager or employee,\nthe powers conferred by Part II of Schedule 5 shall be exercisable in relation to the recognised body and its business in like manner as they are exercisable in relation to a licensed conveyancer and his practice.\n(1A) For the purposes of this paragraph a relevant insolvency event occurs in relation to a recognised body if—\n(a) a resolution for a voluntary winding-up of the body is passed without a declaration of solvency under section 89 of the Insolvency Act 1986;\n(b) the body enters administration within the meaning of paragraph 1(2)(b) of Schedule B1 to that Act;\n(c) an administrative receiver within the meaning of section 251 of that Act is appointed;\n(d) a winding up becomes a creditors’ voluntary winding up under section 96 of that Act (conversion to creditors’ voluntary winding up);\n(e) an order for the winding up of the body is made.\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n11 The powers conferred by Part II of Schedule 5 shall also be exercisable as mentioned in paragraph 10(1) of this Schedule where—\n(a) the Council is satisfied that there has been undue delay on the part of—\n(i) a recognised body in connection with any matter in which it is or was acting on behalf of a client or with any trust of which it is or was a trustee, or\n(ii) a person who is or was a manager or employee of a recognised body in connection with any trust of which he is or was a trustee in his capacity as such a manager or employee; and\n(b) the Council by notice in writing invites the body to give an explanation within such period following the giving of the notice as may be specified in it, being a period of not less than eight days; and\n(c) the body fails within that period to give an explanation which the Council regards as satisfactory; and\n(d) the Council gives notice of the failure to the body and (at the same or any later time) notice that the powers conferred by Part II of Schedule 5 are accordingly exercisable in its case by virtue of this paragraph.\n12(1)Where the recognition of a body . . . under section 32—\n(a) has been revoked by an order of the Discipline and Appeals Committee under this Schedule; or\n(b) has expired and no further recognition of that body has been granted under that section,\nthe powers conferred by Part II of Schedule 5 shall be exercisable in relation to the body . . . and its former business as a recognised body as they are exercisable in relation to a licensed conveyancer and his practice.\n(2) Where the powers conferred by Part II of Schedule 5 are exercisable in relation to a recognised body in accordance with paragraph 10 or 11 of this Schedule they shall continue to be exercisable after that body’s recognition under section 32 has been revoked or has otherwise ceased to be in force.\n13 In connection with the application of Part II of Schedule 5 for the purposes of this Schedule, in that Part of that Schedule—\n(a) any reference to the licensed conveyancer or to his practice shall be construed as including a reference to the body . . . in relation to which the powers conferred by that Part of that Schedule are exercisable by virtue of paragraph 10, 11 or 12(1) of this Schedule or to its business (or former business) as a recognised body;\n(b) any reference to paragraph 1 of that Schedule shall be construed as including a reference to paragraph 10 or 12(1) of this Schedule; . . .\n(c) any reference to paragraph 3 of that Schedule shall be construed as including a reference to paragraph 11 of this Schedule.\n(d) paragraph 6(2)(a) of that Schedule is to be construed as including a reference to sums of money held by or on behalf of the recognised body in connection with any trust of which a person who is or was manager or employee of that body is or was a trustee in his capacity as such a manager or employee;\n(e) paragraph 9 of that Schedule is to be construed—\n(i) as if sub-paragraph (1) included a reference to documents in the possession or under the control of the recognised body in connection with any trust of which a person who is or was a manager or employee of that body is or was a trustee in his capacity as such a manager or employee, and\n(ii) as applying to a person who is or was a manager or employee of the recognised body and documents and property in his possession or under his control in connection with such a trust as it applies to a recognised body and documents and property in the possession or under the control of that body;\n(f) paragraph 10A(1) of that Schedule is to be construed as including power for the Council to apply to the High Court for an order for the appointment of a new trustee to a trust in substitution for a person who is a trustee in his capacity as a manager or employee of the recognised body; and\n(g) paragraph 12A of that Schedule is to be read as if the references to a former partner were references—\n(i) in the case of a recognised body which is a partnership, to a former partner in the partnership, and\n(ii) in any other case to a manager or former manager of the recognised body.\n\nExamination of files\n14(1)Where the Investigating Committee are satisfied that it is necessary to do so for the purpose of investigating any such allegation as is mentioned in paragraph 3(1)(a)(ii), (aa) , (aaa) or (ab), the Committee may give an information notice to a relevant person.\n(1A) An information notice is a notice requiring the production or delivery to any person appointed by the Committee, at a time and a place to be fixed by the Committee, of all documents in the possession or under the control of the relevant person in connection with the matters to which the allegation relates (whether or not they relate also to other matters).\n(1B) In this section “relevant person” means—\n(a) in the case of an allegation against a recognised body, the recognised body or any of its managers or employees, and\n(b) in the case of an allegation against a manager or employee of a recognised body, the manager or employee, the recognised body or any other manager or employee of the recognised body.\n(2) Sub-paragraphs (2) to (12) of paragraph 9 of Schedule 5, together with paragraphs 11 to 12A of that Schedule, shall apply in relation to the powers conferred on the Investigating Committee by sub-paragraphs (1) and (1A) of this paragraph as they apply in relation to the powers conferred on the Council by sub-paragraph (1) of paragraph 9, and accordingly in those provisions—\n(a) any reference to the Council shall be construed as including a reference to the Committee;\n(b) any reference to the licensed conveyancer shall be construed as including a reference to the body , manager or employee with respect to which the powers are exercisable by virtue of sub-paragraphs (1) and (1A) of this paragraph;\n(c) any reference to a person appointed, or to a requirement, under paragraph 9(1) shall be construed as including a reference to a person appointed, or to a requirement, under sub-paragraphs (1) and (1A) of this paragraph; and\n(d) any reference to any such documents as are mentioned in paragraph 9(1) shall be construed as including a reference to any such documents as are mentioned in sub-paragraph (1A) of this paragraph.\n\nApplication of rules relating to accounts and interest on client’s money\n15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n15(1)Where rules made under section 22(3)(a) are applied to recognised bodies in accordance with section 32(3), an accountant shall, subject to sub-paragraph (2), be qualified to give any report required to be delivered under the rules if he is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006.\n(2) An accountant shall not be qualified to give any such report in relation to a recognised body if he would be prohibited by section 1214 of that Act (independence requirement) from acting as statutory auditor of that body.\n16(1)Where rules made under section 22(2) and containing any such provision as is referred to in section 23(1) are applied to recognised bodies or managers or employees of such bodies, in accordance with section 32(3), then, except as provided by the rules and subject to sub-paragraph (2), a recognised body , manager or employee which in pursuance of the rules maintains an account in which it or he keeps money received or held for or on account of clients of the recognised body generally shall not be liable to account to any person for interest received by it or him on money in that account.\n(2) Nothing in any such rules or in sub-paragraph (1) shall affect any arrangement in writing between a recognised body , or any manager or employee of such a body, and any of the clients of the recognised body as to the application of the client’s money or the payment of interest on it.\nSection 67(1).\n\nSCHEDULE 7 Consequential Amendments\n\nLegal Aid Act 1974 (c.4)\n1—3.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nSolicitors Act 1974 (c.47)\nProspective\n4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n5 In section 48(2) (orders of Tribunal), for “section 47(2)” substitute “subsection (2) of section 47, or was made under subsection (2B) of that section . . .,”.\nProspective\n6 In section 49(3) (appeals from Tribunal), at the end add “, and an appeal against an order under section 47 excluding any person or persons from legal aid work (within the meaning of that section) shall lie only at the instance of any person so excluded.”\n\nCounty Courts Act 1984 (c.28)\n7 In section 33 (effect of order of judge in probate proceedings)—\n(a) omit “a judge of”; and\n(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n8 In section 58(1) (persons who may take affidavits for use in county courts)—\n(a) for “any person” substitute “a commissioner for oaths or any other person”; and\n(b) omit the words from “or a solicitor” onwards.\nSection 67(2).\n\nSCHEDULE 8 Repeals\n\nPart I Repeal Coming into Force on Royal Assent\nChapter               Short title                              Extent of repeal\n12 & 13 Vict. c. 16.  Justices Protection (Ireland) Act 1849.  The whole Act so far as unrepealed.\n\n\nPart II Repeals Coming into Force Two Months After Royal Assent\nChapter      Short title                              Extent of repeal\n1978 c. 23.  Judicature (Northern Ireland) Act 1978.  In section 70(2)(a), the words “and is in practice as such”.\n1981 c. 54.  Senior Courts Act 1981.                  In section 40A(4), the word “and”.\n1982 c. 53.  Administration of Justice Act 1982.      Section 71.\n1984 c. 28.  County Courts Act 1984.                  In section 58(1), the words from “or a solicitor” onwards.\n                                                      In section 109(4), the word “and”.\n                                                      Section 113(a)(i).\n\n\nPart III Repeals Coming into Force on an Appointed Day\nChapter      Short title              Extent of repeal\n1974 c. 4.   Legal Aid Act 1974.      Section 12(3) to (5).\n                                      Section 38(2) to (6).\n1974 c. 47.  Solicitors Act 1974.     In sections 7 and 8(2), the words “not exceeding £15”.\n                                      Section 43(6).\n                                      In Schedule 2, in paragraph 2(1)(b) the words “not exceeding £50”.\n1981 c. 54.  Senior Courts Act 1981.  Section 106(2) to (4).\n1984 c. 28.  county Courts Act 1984.  In section 33, the words “a judge of”.\n                                      In section 138(5), the words “Subject to subsection (6),”.\n\nSection 69(5).\n\nSCHEDULE 9 Transitional Provisions and Savings\n\nImposition of disciplinary sanctions by Council of Law Society\n1 Section 1 applies in relation to services provided by a solicitor whether they were provided before or after the commencement of that section.\n\nExamination of solicitors’ files in connection with complaints\n2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nPowers of lay observers and Tribunal in relation to inadequate professional services\n3 In section 3—\n(a) subsection (1) applies in relation to a complaint whether it was made before or after the commencement of that section; and\n(b) subsection (2) applies in relation to services provided by a solicitor whether they were provided before or after that commencement.\n\nPractising certificates\n4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nRestriction on preparation of contracts of sale etc.\n5 In section 6—\n(a) subsection (3) applies to acts done before or after the commencement of that section; but\n(b) subsection (4) does not apply to acts done before that commencement.\n\nRestriction on preparation of papers for probate etc.\n6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nOrders modifying provisions so as to apply to incorporated practices\n7 Any provision made by an order under subsection (7) of section 9 after the commencement of that section may be made with retrospective effect as from that commencement or any later date.\n\nLegal aid complaints\n8 The repeal by this Act of the provisions referred to in subsection (3) of section 40 shall not affect—\n(a) the hearing and determination by any tribunal established pursuant to any of those provisions of any complaint or other matter where a reference or application was made to the tribunal in respect of the complaint or matter before the commencement of that subsection; or\n(b) any appeal against the decision of such a tribunal with respect to any such complaint or matter.\n9 Each of sections 41 to 44 applies in relation to conduct of a barrister or solicitor (as the case may be) whether it occurred before or after the commencement of that section.\n\nSubstitution or removal of personal representatives\n10 Subsection (6) of section 50 applies to an application under section 1 of the Judicial Trustees Act 1896 whether it was made before or after the commencement of section 50.\n\nAdministrative and clerical expenses of garnishees\n11(1)Any order of the Lord Chancellor made, or having effect as if made, under section 40A of the Senior Courts Act 1981 or section 109 of the County Courts Act 1984 which is in force immediately before the commencement of section 52 of this Act shall have effect as if made under and for the purposes of that section as amended by section 52, and any reference in any such order to the sum which may be deducted by any deposit-taking institution shall be construed as a reference to the maximum sum which may be so deducted.\n(2) The provisions of section 52 shall not apply in relation to any order of the kind mentioned in subsection (1) of either of the said sections 40A and 109 which was made before the commencement of section 52.\n\nRegister of county court judgments\n12(1)Where immediately before the commencement of section 54 there is in force any entry in the register relating to—\n(a) any judgment of a county court, not being a judgment falling within section 73(1) of the County Courts Act 1984 as substituted by subsection (2) of section 54; or\n(b) any order of a county court,\nnothing in subsection (2) of section 54 shall affect the continuation in force of that entry; but regulations under the said section 73 may make provision as to the cancellation of any such entry.\n(2) In sub-paragraph (1) “the register” means the register kept under the said section 73.\n\nRelief from forfeiture in county court\n13 The provisions inserted by subsections (4) and (5) of section 55 shall not have effect in connection with any recovery of possession of land by a lessor which occurred before the commencement of that section.\n\nTime limits for actions for libel or slander\n14 Nothing in section 57 shall apply in relation to an action if the cause of action accrued before the commencement of that section.\n\nAppointment of arbitrator by court\n15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nLimitation of damages against resident magistrates etc. in Northern Ireland\n16 Nothing in section 63 shall apply in relation to an action if the sentence or order in respect of which the action is brought was passed or made before the passing of this Act.\n\nIncrease of penalties under Solicitors Act 1974\n17 Nothing in paragraph 6 or 7 of Schedule 1 shall affect the punishment for an offence committed before the commencement of that paragraph.","title":""}
{"_id":"text_ukpga_1987_4","text":"[5th March 1987]\nBe it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—\n\n1 The Ministry of Defence Police.\n(1) There shall be a police force to be known as the Ministry of Defence Police and consisting—\n(a) of persons nominated by the Secretary of State; and\n(b) of persons who at the coming into force of this Act are special constables by virtue of appointment under section 3 of the Special Constables Act 1923 on the nomination of the Defence Council.\n(2) A person nominated under subsection (1) above shall—\n(a) in England and Wales be attested as a constable by making the declaration required of a member of a police force maintained under the Police Act 1996 before a justice of the peace;\n(b) in Scotland make the declaration required of a constable of the Police Service of Scotland by section 10 of the Police and Fire Reform (Scotland) Act 2012 before a sheriff or justice of the peace; and\n(c) in Northern Ireland be attested as a constable by making the declaration required of a member of the Royal Ulster Constabulary before a justice of the peace.\n(3) The Secretary of State shall appoint a chief constable for the Ministry of Defence Police, and they shall operate under the chief constable’s direction and control.\n(4) The Secretary of State shall have power—\n(a) to suspend a member of the Ministry of Defence Police from duty; and\n(b) to terminate a person’s membership.\n(5) The Secretary of State shall appoint a committee, to be known as the Ministry of Defence Police Committee—\n(a) to advise him with respect to such matters concerning the Ministry of Defence Police as he may from time to time require; and\n(b) to exercise such other functions as may be conferred on it by or under this Act;\nand the Secretary of State may make regulations concerning the membership and the procedure of the Committee.\n(6) The power to make regulations conferred by subsection (5) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.\n\n2 Jurisdiction.\n(1) In any place in the United Kingdom to which subsection (2) below for the time being applies, members of the Ministry of Defence Police shall have the powers and privileges of constables.\n(2) The places to which this subsection applies are—\n(a) land, vehicles, vessels, aircraft and hovercraft in the possession, under the control or used for the purposes of—\n(i) the Secretary of State for Defence;\n(ii) the Defence Council;\n(iii) a headquarters or defence organisation; or\n(iv) the service authorities of a visiting force;\n(b) land, vehicles, vessels, aircraft and hovercraft which are—\n(i) in the possession, under the control or used for the purposes of an ordnance company; and\n(ii) used for the purpose of, or for purposes which include, the making or development of ordnance or otherwise for naval, military or air force purposes;\n(c) land, vehicles, vessels, aircraft and hovercraft which are—\n(i) in the possession, under the control or used for the purposes of a dockyard contractor; and\n(ii) used for the purpose of, or for purposes which include, providing designated services or otherwise for naval, military or air force purposes;\n(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(e) land where the Secretary of State has agreed to provide the services of the Ministry of Defence Police under an agreement notice of which has been published in the appropriate Gazette.\n(3) Members of the Ministry of Defence Police shall also have the powers and privileges of constables in any place in the United Kingdom to which subsection (2) above does not for the time being apply . . .—\n(a) in relation to Crown property, international defence property, ordnance property and dockyard property;\n(b) in relation to persons—\n(i) subject to the control of the Defence Council;\n(ii) employed under or for the purposes of the Ministry of Defence or the Defence Council; or\n(iii) in respect of whom the service courts and service authorities of any country may exercise powers by virtue of section 2 of the Visiting Forces Act 1952;\n( ba )in connection with offences against persons within paragraph (b) above, with the incitement of such persons to commit offences and with offences under the Bribery Act 2010 in relation to such persons;\n(c) in relation to matters connected with anything done under a contract entered into by the Secretary of State for Defence for the purposes of his Department or the Defence Council; and\n(d) for the purpose of securing the unimpeded passage of any such property as is mentioned in paragraph (a) above.\n(3A) Where a member of the Ministry of Defence Police has been requested by a constable of—\n(a) the police force for any police area;\n(aa) the Police Service of Scotland;\n(b) the Police Service of Northern Ireland;\n(c) the British Transport Police Force; or\n(d) the Civil Nuclear Constabulary,\nto assist him in the execution of his duties in relation to a particular incident, investigation or operation, members of the Ministry of Defence Police shall have the powers and privileges of constables for the purposes of that incident, investigation or operation but subject to subsection (3B) below.\n(3B) Members of the Ministry of Defence Police have the powers and privileges of constables for the purposes of an incident, investigation or operation by virtue of subsection (3A) above—\n(a) if the request was made under paragraph (a) of that subsection by a constable of the police force for a police area, only in that police area;\n(aa) if it was made under paragraph (aa) of that subsection, only in Scotland;\n(b) if it was made under paragraph (b) of that subsection, only in Northern Ireland;\n(c) if it was made under paragraph (c) of that subsection, only to the extent that those powers and privileges would in the circumstances be exercisable for those purposes by a constable of the British Transport Police Force by virtue of subsection (1A) or, in Scotland, subsection (4) of section 53 of the British Transport Commission Act 1949 (c. xxix); or\n(d) if it was made under paragraph (d) of that subsection, only to the extent that those powers and privileges would in the circumstances be exercisable for those purposes by a constable of the Civil Nuclear Constabulary.\n(3C) Members of the Ministry of Defence Police shall have in any police area the same powers and privileges as constables of the police force for that police area,in Scotland the same powers and privileges as constables of the Police Service of Scotland, and in Northern Ireland the same powers and privileges as constables of the Police Service of Northern Ireland,—\n(a) in relation to persons whom they suspect on reasonable grounds of having committed, being in the course of committing or being about to commit an offence; or\n(b) if they believe on reasonable grounds that they need those powers and privileges in order to save life or to prevent or minimise personal injury.\n(3D) But members of the Ministry of Defence Police have powers and privileges by virtue of subsection (3C) above only if—\n(a) they are in uniform or have with them documentary evidence that they are members of the Ministry of Defence Police; and\n(b) they believe on reasonable grounds that a power of a constable which they would not have apart from that subsection ought to be exercised and that, if it cannot be exercised until they secure the attendance of or a request under subsection (3A) above by a constable who has it, the purpose for which they believe it ought to be exercised will be frustrated or seriously prejudiced.\n(4) Subsections (1) to (3D) above shall have effect in the territorial waters adjacent to the United Kingdom . . ., but as if the references in those subsections to the powers and privileges of constables were references to the powers and privileges of constables in the nearest part of the United Kingdom.\n(5) In this section—\n  * “appropriate Gazette” means—\n    (i) in relation to land in England or Wales, the London Gazette;\n    (ii) in relation to land in Scotland, the Edinburgh Gazette, and\n    (iii) in relation to land in Northern Ireland, the Belfast Gazette;\n  * “ British Transport Police Force ” means the constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);\n  * “Crown property” includes property in the possession or under the control of the Crown and property which has been unlawfully removed from its possession or control;\n  * “designated services” means services designated under subsection (1) of section 1 of the Dockyard Services Act 1986;\n  * “dockyard contractor” means a company which is a dockyard contractor as defined by subsection (13) of that section;\n  * “dockyard property” means property which—\n(a) belongs to a dockyard contractor, is in its possession or under its control or has been unlawfully removed from its possession or control; and\n(b) is (or was immediately before its removal) used to any extent for the purpose of providing designated services or otherwise for naval, military or air force purposes;\n  * “headquarters”, “defence organisation” and “visiting force” mean respectively a headquarters, defence organisation or visiting force to which the Visiting Forces and International Headquarters (Application of Law) Order 1965, or any order replacing that Order, applies;\n  * “international defence property” means property which belongs to, is in the possession or under the control of or has been unlawfully removed from the possession or control of a headquarters, a defence organisation or the service authorities of a visiting force;\n  * “ordnance company” means a company in which there is for the time being vested any property, right or liability which has at some time been the subject of a transfer by virtue of a provision made under section 1(1)(a) of the Ordnance Factories and Military Services Act 1984;\n  * “ordnance property” means property which—\n(a) belongs to an ordnance company, is in its possession or under its control or has been unlawfully removed from its possession or control; and\n(b) is (or was immediately before its removal) used to any extent for the purpose of, or for purposes including, the making or development of ordnance or otherwise for naval, military or air force purposes;\n  * “service authorities” means naval, military or air force authorities;\n  * ...\n  * “vessel” includes any ship or boat or any other description of vessel used in navigation.\n\n2A Provision of assistance to other forces\n(1) The Chief Constable of the Ministry of Defence Police may, on the application of the chief officer of any relevant force, provide constables or other assistance for the purpose of enabling that force to meet any special demand on its resources.\n(2) Where a member of the Ministry of Defence Police is provided for the assistance of a relevant force under this section—\n(a) he shall be under the direction and control of the chief officer of that force; and\n(b) he shall have the same powers and privileges as a member of that force.\n(3) Constables are not to be regarded as provided for the assistance of a relevant force under this section in a case where assistance is provided under section 2 above.\n(4) In this section—\n  * “ British Transport Police Force ” has the same meaning as in section 2 above;\n  * “ chief officer ” means—\n    (a) the chief officer of the police force for any police area;\n    (aa) the chief constable of the Police Service of Scotland;\n    (b) the Chief Constable of the Police Service of Northern Ireland;\n    (c) the Chief Constable of the British Transport Police Force; or\n    (d) the Chief Constable of the Civil Nuclear Constabulary;\n  * “ relevant force ” means—\n    (a) the police force for any police area;\n    (aa) the Police Service of Scotland;\n    (b) the Police Service of Northern Ireland;\n    (c) the British Transport Police Force; or\n    (d) the Civil Nuclear Constabulary. ...\n  * ...\n\n2B Constables serving with other forces\n(1) This section applies where a member of the Ministry of Defence Police serves with a relevant force under arrangements made between the chief officer of that force and the chief constable of the Ministry of Defence Police.\n(2) The member of the Ministry of Defence Police—\n(a) shall be under the direction and control of the chief officer of the relevant force; and\n(b) shall have the same powers and privileges as a member of that force.\n(3) In this section—\n  * “ British Transport Police Force ” has the same meaning as in section 2 above;\n  * “ chief officer ” means—\n    (a) any chief officer of police of a police force for a police area in England and Wales;\n    (aa) the chief constable of the Police Service of Scotland;\n    (b) the chief constable of the Police Service of Northern Ireland;\n    (c) the Director General of the National Criminal Intelligence Service;\n    (d) the Director General of the National Crime Squad;\n    (e) the chief constable of the British Transport Police Force; or\n    (f) the chief constable of the Civil Nuclear Constabulary;\n  * “ relevant force ” means—\n    (a) any police force for a police area in England and Wales;\n    (aa) the Police Service of Scotland;\n    (b) the Police Service of Northern Ireland;\n    (c) the National Criminal Intelligence Service;\n    (d) the National Crime Squad;\n    (e) the British Transport Police Force; or\n    (f) the Civil Nuclear Constabulary.\n  * ... ... ...\n\n2C Constables serving with National Crime Agency\n(1) A member of the Ministry of Defence Police serving with the National Crime Agency under arrangements to which subsection (2) applies shall—\n(a) be under the direction and control of the Director General of the National Crime Agency, and\n(b) continue to be a constable.\n(2) This subsection applies to arrangements made between—\n(a) the Director General of the National Crime Agency, and\n(b) the chief constable of the Ministry of Defence Police.\n\n2DExercise of powers and privileges in Scotland\n(1) Where a member of the Ministry of Defence Police exercises in Scotland any power or privilege of a constable, Parts 1 and 2 of the Criminal Justice (Scotland) Act 2016 (in this section “the 2016 Act”) apply in relation to the exercise as though the power or privilege were exercised by a constable of the Police Service of Scotland.\n(2) For the purposes of subsection (1)—\n(a) in section 64 of the 2016 Act (police custody), references to a person arrested by a constable are to be read as including a person arrested by a member of the Ministry of Defence Police,\n(b) section 69 of the 2016 Act (publication of information by police) does not apply.\n\n2E.Exercise of functions in relation to children under the Scottish age of criminal responsibility\n(1) The following apply, in Scotland, in relation to a member of the Ministry of Defence Police as they apply in relation to a constable of the Police Service of Scotland—\n(a) Part 4 of the Age of Criminal Responsibility (Scotland) Act 2019 (in this section, “the 2019 Act”),\n(b) any regulations made or guidance issued under that Part.\n(2) Subsections (3) to (6) make further provision in relation to the application of Part 4 of the 2019 Act to members of the Ministry of Defence Police.\n(3) References in Part 4 of the 2019 Act (however expressed) to constables of a particular rank are to be read, in relation to action taken or proposed to be taken by a member of the Ministry of Defence Police, as references to a member of the Ministry of Defence Police of the rank referred to.\n(4) References in the following sections of the 2019 Act to the chief constable are to be read as including reference to the chief constable of the Ministry of Defence Police—\n(a) section 29(2)(a),\n(b) section 31(3)(a) and (5)(a),\n(c) section 57(4)(a).\n(5) The reference in section 33(1) of the 2019 Act to an enactment includes reference to an enactment which confers a power of the type described in that section on members of the Ministry of Defence Police (whether or not the enactment also confers that power on constables of the Police Service of Scotland).\n(6) The reference in section 75(2) of the 2019 Act to a constable is to be read as including reference to a member of the Ministry of Defence Police.\n\n3 Defence Police Federation.\n(1) There shall continue to be a Defence Police Federation.\n(2) The Federation shall represent members of the Ministry of Defence Police in all matters affecting their welfare and efficiency, other than questions of discipline affecting individuals, except as provided by subsection (3) below, and questions of promotion affecting individuals.\n(3) The Federation may represent a member of the Ministry of Defence Police at any disciplinary proceedings or on an appeal from any such proceedings.\n(4) Except as provided in regulations made under section 4 below, a member of the Ministry of Defence Police may only be represented under subsection (3) above by another member of that force.\n(5) The Federation shall act through branches and regional and national committees; and the Federation and every branch and committee thereof shall be entirely independent of and unassociated with, any body or person outside the police service, but may employ persons outside the police service in an administrative or advisory capacity.\n(6) The Secretary of State may, after consultation with the management committee of the Federation, by regulations prescribe the constitution and proceedings of the Federation or authorise the Federation to make rules concerning such matters relating to their constitution and proceedings as may be specified in the regulations and, without prejudice to the generality of that power, regulations under this subsection may make provision—\n(a) with respect to the membership of the Federation;\n(b) with respect to the raising of funds by the Federation by subscription and the use and management of funds derived from subscription; and\n(c) with respect to the manner in which representations may be made by the Federation to the Ministry of Defence Police Committee and the Secretary of State.\n(7) The power to make regulations conferred by this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.\n\n3A Regulations relating to disciplinary matters\n(1) The Secretary of State may make regulations with respect to—\n(a) the conduct, efficiency and effectiveness of members of the Ministry of Defence Police and the maintenance of discipline;\n(b) the suspension from duty of members of the Ministry of Defence Police.\n(1A) Without prejudice to the powers conferred by subsection (1), regulations under this section shall—\n(a) establish, or\n(b) make provision for the establishment of,\nprocedures for the taking of disciplinary proceedings in respect of the conduct, efficiency and effectiveness of members of the Ministry of Defence Police, including procedures for cases in which such persons may be dealt with by dismissal.\n(1B) Regulations under this section may provide for the procedures that are established by or under regulations made by virtue of subsection (1A) to apply (with or without modifications) in respect of the conduct, efficiency or effectiveness of any person where—\n(a) an allegation relating to the conduct, efficiency or effectiveness of the person comes to the attention of the chief constable of the Ministry of Defence Police, the Ministry of Defence Police Committee, the Director General of the Independent Office for Police Conduct, the Police Investigations and Review Commissioner or the Police Ombudsman for Northern Ireland,\n(b) at the time of the alleged misconduct, inefficiency or ineffectiveness the person was a member of the Ministry of Defence Police, and\n(c) condition A, B or C is satisfied in relation to the person.\n(1C) Condition A is that the person ceases to be a member of the Ministry of Defence Police after the allegation first comes to the attention of a person mentioned in subsection (1B)(a).\n(1D) Condition B is that the person had ceased to be a member of the Ministry of Defence Police before the allegation first came to the attention of a person mentioned in subsection (1B)(a) but the period between the person having ceased to be a member of the Ministry of Defence Police and the allegation first coming to the attention of a person mentioned in subsection (1B)(a) does not exceed the period specified in regulations under this section.\n(1E) Condition C is that—\n(a) the person had ceased to be a member of the Ministry of Defence Police before the allegation first came to the attention of a person mentioned in subsection (1B)(a),\n(b) the period between the person having ceased to be a member of the Ministry of Defence Police and the allegation first coming to the attention of a person mentioned in subsection (1B)(a) exceeds the period specified for the purposes of condition B, and\n(c) the alleged misconduct, inefficiency or ineffectiveness is such that, if proved, the person could have been dealt with by dismissal if the person had still been a member of the Ministry of Defence Police.\n(1F) Regulations made by virtue of subsection (1B) as they apply in a case where condition C is satisfied in relation to a person must provide that disciplinary proceedings may be taken against the person in respect of the alleged misconduct, inefficiency or ineffectiveness only if the Director General of the Independent Office for Police Conduct determines that taking such proceedings would be reasonable and proportionate having regard to—\n(a) the seriousness of the alleged misconduct, inefficiency or ineffectiveness,\n(b) the impact of the allegation on public confidence in the police, and\n(c) the public interest.\n(1G) Regulations made by virtue of subsection (1B) may make provision about matters to be taken into account by the Director General of the Independent Office for Police Conduct for the purposes of subsection (1F)(a) to (c).\n(1H) Regulations made by virtue of subsection (1B) must provide that disciplinary proceedings which are not the first disciplinary proceedings to be taken against the person in respect of the alleged misconduct, inefficiency or ineffectiveness may be taken only if they result from a re-investigation of the allegation (whether carried out under regulations under this section or by virtue of section 26 of the Police Reform Act 2002) that begins within the period specified in the regulations.\nThe period specified must begin with the date when the person ceased to be a member of the Ministry of Defence Police.\n(2) Regulations under this section may provide for decisions which would otherwise fall to be taken by the Secretary of State or the chief constable of the Ministry of Defence Police to be taken instead by—\n(a) a person appointed in accordance with the regulations; or\n(b) the Ministry of Defence Police Committee.\n(3) In relation to any matter as to which provision may be made by regulations under this section, the regulations may—\n(a) authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, the Ministry of Defence Police Committee, the chief constable of the Ministry of Defence Police or other persons; or\n(b) authorise or require the delegation by any person of functions conferred on that person by or under the regulations.\n(4) Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.\n\n4 Representation etc. at disciplinary proceedings\n(1) The Secretary of State shall by regulations make provision for or in connection with—\n(a) enabling the officer concerned or the relevant authority to be represented in proceedings conducted under regulations made in pursuance of section 3A;\n(b) enabling the panel conducting such proceedings to receive advice from a relevant lawyer or another person falling within any prescribed description of persons.\n(2) Regulations under this section may in particular make provision—\n(a) specifying the circumstances in which the officer concerned or the relevant authority is entitled to be represented by a relevant lawyer;\n(b) specifying the circumstances in which the officer concerned or the relevant authority is entitled to be represented by a person (other than a relevant lawyer) who falls within any prescribed description of persons;\n(c) for securing that—\n(i) the relevant authority may be legally represented, and\n(ii) the panel conducting the proceedings may receive advice from a relevant lawyer,\nwhether or not the officer concerned is legally represented.\n(3) Without prejudice to the powers conferred by this section, regulations under this section shall, in relation to cases where the officer concerned is entitled to legal or other representation, make provision—\n(a) for securing that the officer is notified of his right to such representation;\n(b) specifying when the officer is to be so notified;\n(c) for securing that proceedings at which the officer may be dismissed are not to take place unless the officer has been notified of his right to such representation.\n(4) In this section—\n  * “the officer concerned”, in relation to proceedings within subsection (1)(a), means the member or, as the case may be, the former member of the Ministry of Defence Police to whom the proceedings relate;\n  * “the panel”, in relation to proceedings within subsection (1)(a), means the panel of persons, or the person, prescribed for the purpose of conducting the proceedings;\n  * “prescribed” means prescribed by regulations under this section;\n  * “relevant authority” means—\n    (a) where the officer concerned is a member of the Ministry of Defence Police (other than a senior officer), the chief constable for the Ministry of Defence Police;\n    (aa) where the officer concerned is a former member of the Ministry of Defence Police who immediately before ceasing to be such a member was not a senior officer, the chief constable for the Ministry of Defence Police;\n    (b) where the officer concerned is a senior officer, the Ministry of Defence Police Committee;\n    (c) where the officer concerned is a former member of the Ministry of Defence Police who immediately before ceasing to be such a member was a senior officer, the Ministry of Defence Police Committee;\n  * “relevant lawyer” means—\n    (a) in relation to England and Wales, a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act), and\n    (b) in relation to Scotland or Northern Ireland, counsel or a solicitor;\n  * “senior officer” means a member of the Ministry of Defence Police holding a rank above that of chief superintendent.\n(5) But in prescribed circumstances “relevant authority” also includes—\n(a) in relation to England and Wales, the Independent Office for Police Conduct ;\n(b) in relation to Scotland, the Police Complaints Commissioner for Scotland;\n(c) in relation to Northern Ireland, the Police Ombudsman for Northern Ireland.\n(6) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.\n(7) Subsection (6) does not apply to a statutory instrument containing (whether alone or with other provision) any regulations under this section coming into force at a time that is the earliest time at which any regulations under this section are to come into force since the commencement of paragraph 15 of Schedule 22 to the Criminal Justice and Immigration Act 2008.\n(8) A statutory instrument within subsection (7) may not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.\n\n4AAppeals against dismissal etc.\n(1) The Secretary of State shall by regulations—\n(a) make provision specifying the cases in which a member, or former member, of the Ministry of Defence Police may appeal to a police appeals tribunal;\n(b) make provision equivalent, subject to such modifications as the Secretary of State thinks fit, to that made (or authorised to be made) in relation to police appeals tribunals by any provision of Schedule 6 to the Police Act 1996 (c. 16) or Schedule 3 to the Police and Fire Reform (Scotland) Act 2012.\n(2) A police appeals tribunal may, on the determination of an appeal under this section, make an order dealing with the appellant in any way in which he could have been dealt with by the person who made the decision appealed against.\n(3) The Secretary of State may make regulations as to the procedure on appeals to police appeals tribunals under this section.\n(4) Regulations under this section may, in particular, make provision—\n(a) for enabling a police appeals tribunal, in such circumstances as are specified in the regulations, to determine a case without a hearing;\n(b) for the appellant or the respondent to be entitled, in a case where there is a hearing, to be represented—\n(i) by a relevant lawyer, or\n(ii) by a person who falls within any description of persons prescribed by the regulations;\n(c) for enabling a police appeals tribunal to require any person to attend a hearing to give evidence or to produce documents,\nand regulations made in pursuance of paragraph (c) may apply subsections (2) and (3) of section 250 of the Local Government Act 1972 with such modifications as may be set out in the regulations.\n(5) Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.\n(6) Subsection (5) does not apply to a statutory instrument containing (whether alone or with other provision) the first regulations made under this section after the commencement of paragraph 16 of Schedule 22 to the Criminal Justice and Immigration Act 2008: such an instrument may not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.\n(7) In this section—\n  * “police appeals tribunal” means a tribunal constituted in accordance with regulations under this section;\n  * “relevant lawyer” has the same meaning as in section 4.\n\n4B Functions of inspectors of constabulary\n(1) The inspectors of constabulary shall inspect, and report to the Secretary of State on, the efficiency and effectiveness of the Ministry of Defence Police.\n(2) The Secretary of State may at any time require the inspectors of constabulary to carry out an inspection under this section of the Ministry of Defence Police and to report to him on that inspection.\n(3) A requirement under subsection (2) may include a requirement for the inspection to be confined to a particular part of the Ministry of Defence Police, to particular matters or to particular activities of the Ministry of Defence Police.\n(4) The inspectors of constabulary shall carry out such other duties for the purposes of furthering the efficiency and effectiveness of the Ministry of Defence Police as the Secretary of State may from time to time direct.\n(5) Before carrying out any inspection by virtue of subsection (1) in Scotland, the inspectors of constabulary shall consult the Scottish inspectors with respect to the scope and conduct of the proposed inspection.\n(6) In this section—\n  * “ the inspectors of constabulary ” means Her Majesty’s Inspectors of Constabulary appointed under section 54 of the Police Act 1996 (c. 16);\n  * “ the Scottish inspectors ” means the inspectors of constabulary appointed under section 71 of the Police and Fire Reform (Scotland) Act 2012.\n\n4C Publication of reports\n(1) Subject to subsection (2) below, the Secretary of State shall arrange for any report received by him under section 4B above to be published in such manner as appears to him to be appropriate.\n(2) The Secretary of State may exclude from publication under subsection (1) above any part of a report if, in his opinion, the publication of that part—\n(a) would be against the interests of national security; or\n(b) might jeopardise the safety of any person.\n(3) The Secretary of State shall—\n(a) send a copy of the published report to the chief constable of the Ministry of Defence Police; and\n(b) invite the chief constable to submit comments on the published report to the Secretary of State before such date as the Secretary of State may specify.\n(4) The Secretary of State shall arrange for—\n(a) any comments submitted by the chief constable in accordance with subsection (3) above, and\n(b) any response that the Secretary of State may prepare to the published report or to any comments submitted by the chief constable,\nto be published in such manner as he considers appropriate.\n\n5 Impersonation etc.\n(1) Any person who with intent to deceive impersonates a member of the Ministry of Defence Police, or makes any statement or does any act calculated falsely to suggest that he is such a member, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.\n(2) Any person who, not being a member of the Ministry of Defence Police, wears any article of the uniform of the Ministry of Defence Police in circumstances where it gives him an appearance so nearly resembling that of a member as to be calculated to deceive shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.\n(3) Any person who, not being a member of the Ministry of Defence Police, has in his possession any article of uniform of the Ministry of Defence Police shall, unless he proves that he obtained possession of that article lawfully and has possession of it for a lawful purpose, be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.\n(4) In this section “article of uniform” means any article of uniform or any distinctive badge or mark or document of identification usually issued to members of the Ministry of Defence Police, or any thing having the appearance of such an article, badge, mark or document.\n\n6 Causing disaffection.\nAny person who causes, or attempts to cause, or does any act calculated to cause, disaffection amongst the members of the Ministry of Defence Police, or induces or attempts to induce, or does any act calculated to induce, any member of the Ministry of Defence Police to withhold his services or to commit breaches of discipline, shall be guilty of an offence and liable—\n(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;\n(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.\n\n6A Powers to make regulations\nAny power of the Secretary of State under this Act to make regulations shall include power to make different provision for different purposes.\n\n7 Consequential amendments and repeals.\n(1) In section 3 of the Special Constables Act 1923—\n(a) in subsection (1)—\n(i) for the words “the Defence Council”, there shall be substituted the words “an authority who by virtue of any enactment are authorised to make nominations under this section”; and\n(ii) the words from “both” to “Force” shall cease to have effect; and\n(b) in subsection (2), for the word “department”, in both places where it occurs, there shall be substituted the word “authority”.\n(2) In paragraph 1 of Schedule 2 to the Emergency Laws (Miscellaneous Provisions) Act 1947—\n(a) in sub-paragraph (1) there shall cease to have effect—\n(i) the words “nominated by the Defence Council”;\n(ii) the words “so nominated”;\n(iii) the word “other”;\n(iv) the words “the Defence Council, the Secretary of State for Defence or”; and\n(v) the words “or are for the time being used for or in connection with naval, military or air force purposes”; and\n(b) in sub-paragraph (2)—\n(i) for the words “the Defence Council” there shall be substituted the words “an authority who by virtue of any enactment are authorised to make nominations under section 3 of the Special Constables Act 1923”; and\n(ii) there shall cease to have effect the words “the Defence Council, the Secretary of State for Defence or” and the words “or are specified by the Defence Council to be, for the time being, used for or in connection with naval, military or air force purposes”.\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4) In paragraph 4 of Schedule 1 to the Nuclear Installations Act 1965—\n(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(b) sub-paragraph (2) shall cease to have effect.\n(5) Section 11 of the Ordnance Factories and Military Services Act 1984 and Schedule 3 to that Act (both of which relate to special constables) shall cease to have effect.\n(6) In subsection 3(1) of the Dockyard Services Act 1986, paragraph (a) (application of section 3 of the Special Constables Act 1923 to land in a designated dockyard) shall cease to have effect.\n\n8 Short title, commencement and extent.\n(1) This Act may be cited as the Ministry of Defence Police Act 1987.\n(2) This Act shall come into force at the end of the period of two months beginning with the date on which it is passed.\n(3) The provisions of this Act, except section 7(1)(2)(a) and (6), extend to Northern Ireland, and section 7(2)(b) only so extends.","title":""}
{"_id":"text_apni_1968_29","text":"[12th December 1968]\n\nPART IPROVISIONS WITH RESPECT TO SENTENCES ON AND DETENTION OF YOUNG OFFENDERS\n\nRestrictions on imprisonment\n\n1 Restrictions on imprisonment.\n(1) Subject to subsections (2) and (3), and without prejudice to any other enactment prohibiting or restricting the imprisonment of persons of or below a specified age, a court shall not pass a sentence of imprisonment on, or commit to prison for any default, a person who has not attained twenty-one years of age.\n(2) Nothing in subsection (1) shall affect the power of a court to pass a sentence of imprisonment (where the court has power to pass such a sentence) for a term of more than four years.\n(3) Subsection (1) shall not apply in the case of a person who is serving a sentence of imprisonment at the time when the court passes sentence ….\n(4) Nothing in subsection (1) shall affect the power of the Minister of Home Affairs (in this Act referred to as “the Minister” ) to commute to a term of imprisonment—\nPara. (a) rep. by 1980 NI 10\n(b) a term of detention in a young offenders centre under section 7(1)( b) of this Act.\n\nInstitutions for offenders\n\n2 Young offenders centres and remand centres.\nThe powers exercisable by the Ministry of Home Affairs (in this Act referred to as “the Ministry” ) under the Prison Act shall include the provision, maintenance, administration, regulation and management of—\n(a) young offenders centres, that is to say, places—\n(i) in which offenders, who have been ordered to be detained therein under any enactment, may be kept for suitable training and instruction; and\n(ii) in which persons not less than fifteen but under 21 years of age who are either remanded in custody or committed in custody for trial may be detained in accordance with any enactment.\n(b) remand centres, that is to say, places—\n(i) for the detention of persons not less than fifteen but under twenty-one years of age who are either remanded or committed in custody for trial; and\n(ii) for the detention for any temporary purpose, or for the purpose of providing maintenance, domestic and other services for that centre, of any persons required to be detained in an institution to which the Prison Act applies; and\n(c) facilities in remand centres for the observation of any person detained therein on whose physical or mental condition a medical report may be desirable for the assistance of the court in determining the most suitable method of dealing with his case;\nand accordingly, that Act shall have effect in relation to young offenders centres and remand centres and to persons detained therein as it has effect in relation to prisons and prisoners,. . .\nS. 3 rep. by 2005 NI 15\n\n4 Exercise of powers of release.\nAny power conferred by or under any enactment to release a person from a prison or other institution to which the Prison Act applies may be exercised notwithstanding that he is not for the time being detained in that prison or institution and a person released by virtue of this section shall, after his release, be treated in all respects as if he had been released from that prison or institution.\n\nYoung offenders centres\n\n5 Detention in a young offenders centre.\n(1) Where—\n(a) a person of not less than sixteen but under twenty-one years of age has been convicted (whether summarily or on indictment) of an offence which is punishable with imprisonment in the case of a person aged twenty-one years or over; and\n(b) the court considers that he should serve a term of detention,\nthe court may, subject to Article 47 of the Criminal Justice (Children) (Northern Ireland) Order 1998, order him to be detained in a young offenders centre for a term which shall not exceed—\n(i) the maximum term of imprisonment which the court could impose for the offence in the case of a person aged twenty-one years or over; or\n(ii) four years,\nwhichever is the lesser.\n(2) Where the court orders a person to be detained in a young offenders centre under subsection (1) for a term which exceeds—\n(a) eighteen months, in the case of a person who has previously served a sentence of imprisonment or a term of detention in a young offenders centre;\n(b) six months, in any other case,\nit shall state the reason and cause it to be entered in the record of the proceedings along with the sentence.\n(3) Where—\n(a) a person of not less than sixteen but under twenty-one years of age has been guilty of any default for which the court could, if he were aged twenty-one years or over, commit him to prison; and\n(b) the court considers that he should serve a term of detention,\nthe court may, subject to Article 46C of the Criminal Justice (Children) (Northern Ireland) Order 1998, order him to be detained in a young offenders centre for a term not exceeding that for which, if he were aged twenty-one years or over, he could be committed to prison.\n(4) Where a court orders a person to be detained in a young offenders centre, it may order that the term of that detention shall commence on the expiration of any other term of detention ordered by that or any other court.\n(5) Where the Crown Court orders a person to be detained in a young offenders centre for two or more terms of detention to run consecutively, the aggregate of those terms shall not exceed four years.\n(6) Where a magistrates' court orders a person to be detained in a young offenders centre for two or more terms of detention to run consecutively, the aggregate of those terms shall not exceed—\n(a) except as provided by paragraph (b) or any other enactment, twelve months;\n(b) in the case of terms of detention in respect of indictable offences tried summarily, eighteen months.\nS. 6 rep. by 1976 NI 4\n\n7 Transfer of young offenders between institutions.\n(1) The Minister may direct that a person under twenty-one years of age detained in a young offenders centre—\nPara. (a) rep. by 1980 NI 10\n(b) be transferred to a prison, where it appears to the Secretary of State that that person is incorrigible or is exercising a bad influence on the other inmates of the centre; and the Minister may commute the unexpired part of the term for which that person is then liable to be so detained to a term of imprisonment equivalent to the said unexpired part, and for the purposes of the Prison Act and this Act that person shall be treated as if he had been sentenced to imprisonment or committed to prison and detained in prison from the date on which his sentence began to run or, as the case may be, of his committal.\nSubs. (2) rep. by 1980 NI 10\n(3) The Minister may, in the case of any person who is under twenty-one years of age and who is serving a sentence of imprisonment under which he would not normally be released within the three months then next following or who has been committed to prison, transfer that person to a young offenders centre and upon such transfer such person may be detained for a term equal to the unexpired part of his sentence or, as the case may be, of his committal; and for the purposes of the Prison Act and this Act, he shall be treated as if he had been ordered to be detained in a young offenders centre and detained in such centre from the date on which his period of detention began to run.\nSubs. (4) rep. by 1980 NI 10\n\n8 Transfer to prison of persons over twenty-one and maximum age for detention in a young offenders centre.\n(1) Subject to the provisions of this section, where a person ordered to be detained in a young offenders centre has attained the age of twenty-one years, the Minister may transfer him to prison.\n(2) No person shall be detained in a young offenders centre after he has attained the age of twenty-four, and accordingly any person so detained shall, not later than the day immediately preceding his twenty-fourth birthday, be transferred to prison; but this subsection shall not apply to any person who is detained in a young offenders centre—\nPara. (a) rep. by 1976 NI 4; 1980 NI 10\n(b) in pursuance of an order made by a court under … [ … Article 3 of the Treatment of Offenders (Northern Ireland) Order 1976 [1976 NI 4] ].\n(3) Where a person has been transferred to prison under this section, he shall be treated for the purposes of the Prison Act and this Act as if the order for detention made in relation to him were a sentence of imprisonment or an order of committal, and as if he had been detained in prison from the date on which his sentence began to run or, as the case may be, of his committal.\n\nRemand centres\n\n9 Remand and committal of persons under twenty-one.\n(1) Where a court either remands or commits for trial a person not being less than seventeen but under twenty-one years of age who is charged with or convicted of an offence and is not released on bail,. . . he shall be committed to a remand centre instead of being committed to prison;\nPara. (b) rep. by 1998 NI 9\n  * Subs. (2) rep. by 1980 NI 10\n  * Subs. (3) rep. by 1998 NI 9\nSs. 10‐13 rep. by SLR 1980; 1980 NI 10\nS. 14(1)(2) rep. by SLR 1980; subs. (3) rep. by 1980 NI 10; subs. (4) spent; subs. (5) rep. by 1980 NI 10\n\nPART IIFURTHER PROVISIONS WITH RESPECT TO TREATMENT OF OFFENDERS\nSs. 15‐17 rep. by 1976 NI 14\n\nSuspended Sentences\n\n18 Suspended sentence of imprisonment or order for detention in a young offenders centre.\n(1 )A court which—\n(a) passes a sentence of imprisonment for a term of not more than two years for an offence which is not a serious offence within the meaning of subsection (1B); or\n(b) makes an order for detention in a young offenders centre for a term of not more than two years for such an offence,\nmay order that the sentence or order for detention shall not take effect unless, during the period specified in the order, being not less than one year or more than three years from the date of the order, the offender commits in Northern Ireland another offence punishable with imprisonment in the case of a person aged twenty-one years or over, and thereafter a court having power to do so orders under section 19 that the original sentence or order for detention shall take effect.\n(1A )A court which—\n(a) passes a sentence of imprisonment for a term of not more than seven years for a serious offence within the meaning of subsection (1B); or\n(b) makes an order for detention in a young offenders centre for such an offence,\nmay order that the sentence or order for detention shall not take effect unless, during the period specified in the order, being not less than one year or more than five years from the date of the order, the offender commits in Northern Ireland another offence punishable with imprisonment in the case of a person aged twenty-one years or over, and thereafter a court having power to do so orders under section 19 that the original sentence shall take effect.\n(1B) In—\n(a) subsections (1) and (1A) “serious offence” means an offence for which a person aged twenty-one years or over may, on conviction on indictment, be sentenced to imprisonment for a term of five years or more; and\n(b) this section and sections 19 to 21 “operational period” in relation to a suspended sentence or order for detention means the period specified in the order under subsection (1) or, as the case may be, (1A).\n(2) A court which passes or makes a suspended sentence or order for detention on or in relation to any person for an offence shall not make a probation order in his case in respect of another offence—\n(a) of which he is convicted by or before that court; or\n(b) for which he is dealt with by that court;\nat the same time.\n(3) On passing or making a suspended sentence or order for detention the court shall explain to the offender in ordinary language his liability under section 19 if during the operational period he commits an offence punishable with imprisonment in the case of a person aged twenty-one years or over.\nSubs. (4) rep. by 1980 NI 10\n(5) Subject to any provision to the contrary contained in this Act or any enactment passed or instrument made under any enactment after the commencement of this Act—\n(a) a suspended sentence or order for detention which has not taken effect under section 19 shall be treated as a sentence of imprisonment, or as the case may be, an order for detention in a young offenders centre for the purposes of all enactments and instruments made under enactments except any enactment or instrument which provides for disqualification for or loss of office of persons sentenced to imprisonment; and\n(b) where a suspended sentence or order for detention has taken effect under that section the offender shall be treated for the purposes of the said excepted enactments and instruments as having been convicted on the date on which the period allowed for making an appeal against an order under that section would normally expire, or if such an appeal is made, the date on which it is finally disposed of or abandoned or fails for non-prosecution.\n\n19 Power of court on conviction of further offence to deal with suspended sentence.\n(1) Where an offender is convicted of a subsequent offence punishable with imprisonment in the case of a person aged twenty-one years or over, and the offence was committed during the operational period of a suspended sentence or order for detention and either he is so convicted by or before a court having power under section 20 to deal with him in respect of the suspended sentence or order for detention or he subsequently appears or is brought before such a court, then, unless the sentence or order has already taken effect, the court shall consider his case and deal with him by one of the following methods—\n(a) the court may order that the suspended sentence or order for detention shall take effect with the original term unaltered;\n(b) it may order that the suspended sentence or order for detention shall take effect with the substitution of a lesser term for the original term;\n(c) it may by order vary the original order under section 18—\n(i) where it was made under subsection (1) of that section, by substituting for the period specified therein a period expiring not later than three years from the date of the variation;\n(ii) where it was made under subsection (1A) of that section, by substituting for the period specified therein a period expiring not later that five years from the date of the variation;\n(d) it may make no order with respect to the suspended sentence or order for detention;\nand a court shall make an order under paragraph ( a) unless the court is of opinion that it would be unjust to do so in view of all the circumstances. . . , including the facts of the subsequent offence and where it is of that opinion the court shall state its reasons.\n(2) Where a court orders that a suspended sentence or order for detention shall take effect, with or without any variation of the original term, the court may notwithstanding section 5(5) and (6) and Article 56 of the Magistrates' Courts (Northern Ireland) Order 1981 order that that sentence or order shall take effect immediately or that the term thereof shall commence on the expiration of another term of imprisonment or as the case may be, detention in a young offenders centre, passed or ordered on the offender by that or another court.\n(3) Where a court orders that an order for detention in a young offenders centre, which has been suspended by an order made under section 18(1) or (1A) shall take effect, with or without variation of the original term, the court shall, if the offender has attained the age of twenty-one years or may, if he will have attained that age at the time when the said order for detention takes effect, order that the order for detention shall be treated as a sentence of imprisonment.\n(4) In proceedings for dealing with an offender in respect of a suspended sentence or order for detention which take place before [ the Crown Court] any question whether the offender has been convicted of an offence punishable with imprisonment in the case of a person aged twenty-one years or over, committed during the operational period of the suspended sentence or order for detention shall be determined by [ the judge of the Crown Court].\n(5) Where a court other than the court which passed the suspended sentence or order for detention deals with an offender under this section the appropriate officer of the first-mentioned court shall notify the appropriate officer of the second-mentioned court of the method adopted.\n(6) Where on consideration of the case of an offender a court makes no order with respect to a suspended sentence or order for detention, the appropriate officer of the court shall record that fact.\n(7) An order made by a magistrates' court under subsection (1) shall, for the purposes of Article 140 of the Magistrates' Courts (Northern Ireland) Order 1981 (right of appeal), be deemed to be a sentence passed on conviction upon a plea of guilty and the period of fourteen days specified in Article 144(1) of that Order shall be deemed to commence on the date when the order under subsection (1) was made.\n\n20 Court which shall deal with a suspended sentence or order for detention.\n(1) An offender may be dealt with in respect of a suspended sentence or order for detention by [ the Crown Court or], where the sentence or order for detention was passed or made by a magistrates' court, by any magistrates' court before which he appears or is brought.\nSubs. (2) rep. by 1978 c. 23\n(3) Where an offender is convicted by a magistrates' court of an offence punishable with imprisonment in the case of a person aged twenty-one years or over and the court is satisfied that the offence was committed during the operational period of a suspended sentence or order for detention passed or made by [ the Crown Court]—\n(a) the court may commit him in custody or on bail to [ the Crown Court] … to be dealt with … in respect of that sentence or order; and\n(b) if it does not, shall furnish written notice of the conviction to the appropriate officer of the court by which the suspended sentence or order for detention was passed or made.\nSubs.(4) rep. by 1978 c.23\n(5) For the purposes of this section and section 21 a suspended sentence or order for detention passed or made on or in relation to an offender on appeal shall be treated as having been passed or made by the court by which he was originally [ tried].\n\n21 Discovery of further offences.\n(1) If an offender is convicted in Northern Ireland of an offence punishable with imprisonment in the case of a person aged twenty-one years or over, committed during the operational period of a suspended sentence or order for detention and it appears to a justice of the peace ... that he has not been dealt with in respect of the suspended sentence or order for detention, the justice may issue a summons requiring the offender to appear at the place and time specified therein, or may, subject to the following provisions of this section, issue a warrant for his arrest.\n(2) A summons under this section shall not be issued except on complaint; and a warrant under this section shall not be issued except on complaint in writing and on oath.\n(2A) Subsection (2) does not apply to a summons or warrant issued (by virtue of section 9(12) of the Justice (Northern Ireland) Act 2002) by a judge of the Crown Court acting in consequence of a notice under section 20(3) of this Act.\n(3) A summons or warrant issued under this section shall direct the offender to appear or to be brought before the court by which the suspended sentence or order for detention was passed or made; but if a warrant is so issued requiring him to be brought before [ the Crown Court] and he cannot forthwith be brought before that court because the court is not being held, the warrant shall have effect as if it directed him to be brought before a magistrates' court ... and the latter court shall commit him in custody or on bail to [ the Crown Court] ….\n\nMiscellaneous\n\n22 Abolition of sentence of corporal punishment.\nNo person shall be sentenced by a court to corporal punishment, by whatever name called; and so far as any enactment confers power on a court to pass such a sentence, it shall cease to have effect.\nSs. 23‐25 rep. by 1996 NI 24\n\n26 Duration of sentence.\nSubs. (1) rep. by 1978 c. 23\n(2) The length of any sentence of imprisonment or term of detention in a young offenders centre or sentence of detention under Article 13A(6), 14(5) or 15A(5) of the Criminal Justice (Northern Ireland) Order 2008 imposed on or ordered in relation to an offender by a court shall be treated as reduced by any relevant period, but where he was previously subject to a probation order , a community service order, an order for conditional discharge or a suspended sentence or order for detention in respect of that offence, any such period falling before the order was made or the suspended sentence or order for detention was passed or made shall be disregarded for the purposes of this section.\n(2A) In subsection (2) “relevant period” means—\n(a) any period during which the offender was in police detention in connection with the offence for which the sentence was passed; or\n(b) any period during which he was in custody—\n(i) by reason only of having been committed to custody by an order of a court made in connection with any proceedings relating to that sentence or the offence for which it was passed or any proceedings from which those proceedings arose; or\n(ii) by reason of his having been so committed and having been concurrently detained otherwise than by order of a court; or\n(c) any period during which he was in custody in a category 1 territory with a view to his being extradited to the United Kingdom to be tried or sentenced for that offence (and not for any other reason).\nIn paragraph (c) “category 1 territory” means a territory designated under the Extradition Act 2003 for the purposes of Part 1 of that Act.\n(3) For the purpose of this section a suspended sentence or order for detention shall be treated as a sentence of imprisonment or, as the case may be, an order for detention in a young offenders centre when it takes effect under section 19 and as being imposed or made by the order under which it takes effect.\n(4) No period of custody shall be taken into account for the purpose of reducing a term of imprisonment under this section unless the whole of that period begins after the commencement of this Act.\n(5) Any reference in this Act or any other enactment (whether passed before or after the commencement of this Act) to the length of any sentence of imprisonment or order for detention in a young offenders centre shall, unless the context otherwise requires, be construed as a reference to the sentence or order pronounced by the court and not the sentence or order as reduced by this section.\n(6) A person is in police detention for the purposes of this section—\n(a) at any time when he is in police detention for the purposes of the Police and Criminal Evidence (Northern Ireland) Order 1989; and\n(b) at any time when he is detained under section 41 of the Terrorism Act 2000.\n(7) No period of police detention shall be taken into account under this section unless it falls after the coming into operation of Article 49 of the Police and Criminal Evidence (Northern Ireland) Order 1989.\nS. 27 rep. by 1982 NI 10\n\n28 Computation of term of imprisonment\nSubs. (1) rep. by 1980 NI 10\n(2) In any enactment which provides for a period during which a person is or is not detained in custody to be counted or not to be counted as part of any term of imprisonment under his sentence any reference to imprisonment shall be construed as including a reference to detention in a young offenders centre.\nS. 29 rep. by 1976 NI 4; 1978 c. 23; 1980 c. 47\nS. 30 rep. by 1989 NI 15\nS. 31 repeals s. 13(5) of 1953 c. 18 (NI)\n\nPART IIIGENERAL\n\n32 Financial provisions.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n32ARules.\n(1) The Secretary of State may make rules for prescribing the procedure to be followed and the forms to be used for the purposes of proceedings under or in consequence of this Act.\n(2) Rules made under paragraph (1) shall be subject to negative resolution.\n\n33 Interpretation.\n(1) In this Act—\n  * “default” means failure to pay, or want of sufficient distress to satisfy any fine or other sum of money, or failure to do or abstain from doing anything required to be done or left undone;\n  * “enactment” in sections 18(5), 26(5), 28(2) and 34 means any statutory provision within the meaning of paragraph ( f) of section 1 of the Interpretation Act (Northern Ireland) 1954 [1954 c.33] ;\n  * “the Minister” has the meaning assigned to it by section 1(4);\n  * “the Ministry” has the meaning assigned to it by section 2;\n  * “order for detention” means an order for detention in a young offenders centre made under section 5(1);\n  * [ “the Prison Act” means the Prison Act (Northern Ireland) 1953 [1953 c.18] ;]\n  * “remand centre” has the meaning assigned to it by section 2( b);\n  * “remand home” has the same meaning as in the Children and Young Persons Act (Northern Ireland) 1950 [1950 c.5] ;\n  * “sentence” does not include a committal for default or the fixing of a term to be served in the event of default, or a committal or attachment for contempt of court;\n  * “suspended sentence or order for detention” means a sentence or order for detention to which an order under section 18(1) or (1A) relates;\n  * “young offenders centre” has the meaning assigned to it by section 2( a).\n(2) For the purposes of any reference in [ the Prison Act and] this Act to a term of imprisonment or to a term of detention in a young offenders centre, consecutive terms or terms which are wholly or partly concurrent shall be treated as a single term if—\n(a) the sentences were passed on the same occasion; or\n(b) where they were passed on different occasions, the person has not been released under Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 at any time during the period beginning with the first and ending with the last of those occasions.\n(3) Where the age of any person at any time is material for the purposes of any provision of this Act, his age at the material time shall be deemed to be or to have been that which appears to the court after considering any available evidence to be or to have been his age at that time.\n(4) For the purposes of any provisions of this Act referring to a person who is serving or has served a sentence of any description, the expression “sentence” includes—\n(a) in any case, a sentence of that description passed by a court in the British Islands; and\n(b) in the case of imprisonment, a sentence passed by a court-martial [ or a Standing Civilian Court established under the Armed Forces Act 1976 [1976 c.52] ] on a person found guilty of a civil offence (within the meaning of the Army Act 1955 [1955 c.18] , the Air Force Act 1955 [1955 c.19] or the Naval Dicipline Act 1957 [1957 c.53] ).\n\n34 Meaning of “imprisonment” in certain other Acts.\nFor the purpose of all enactments and instruments made under enactments relating to disqualification for loss of office of persons sentenced to imprisonment an order for detention in a young offenders centre shall be deemed to be a sentence of imprisonment.\nS. 35(1), with Schedule 3, effects amendments; subs. (2) rep. by 1980 NI 10; subs. (3), with Schedule 5, effects repeals; subs. (4) rep. by 1980 NI 10\n\n36 Short title and commencement.\n(1) This Act may be cited as the Treatment of Offenders Act (Northern Ireland)1968.\n(2) This section shall come into operation on the passing of this Act.\n(3) The provisions of this Act, other than this section, shall come into operation on such day or days as may be appointed by order made by the Minister.\n(4) Where an order is made under subsection (3) with respect to any provision of this Act, any reference in that provision to the commencement of this Act shall be construed as a reference to the time at which that provision comes into operation.\n\nSchedules 1, 2 rep. by 1976 NI 4\n\nSchedule 3‐Amendments.\n\nSchedule 4 rep. by 1976 NI 4; 1980 NI 10\n\nSchedule 5‐Repeals","title":""}
{"_id":"text_ukpga_Geo6and1Eliz2_15-16_64","text":"[30th October 1952]\n\nPart I Amendments of Law of Intestate Succession\n\n1 Succession to estate of intestate leaving a surviving spouse.\n(1) As respects a person dying intestate after the commencement of this Act sections forty-six, forty-seven and forty-eight of the Administration of Estates Act, 1925 (hereafter in this Part of this Act referred to as the “principal Act”), shall have effect subject to the amendments set out in this section.\n(2) For paragraph (i) of subsection (1) of the said section forty-six (which relates to the disposition of the residuary estate of an intestate leaving a surviving spouse) there shall be substituted the following paragraph—\n“(i)If the intestate leaves a husband or wife, then in accordance with the following Table:\n\nTable\nIf the intestate—\n(1) leaves —                                                                                                                                                                        the residuary estate shall be held in trust for the surviving husband or wife absolutely.\n(a) no issue, and\n(b) no parent, or brother or sister of the whole blood, or issue of a brother or sister of the whole blood\n(2) leaves issue (whether or not persons mentioned in sub-paragraph (b) above also survive)                                                                                         the surviving husband or wife shall take the personal chattels absolutely and, in addition, the residuary estate of the intestate (other than the personal chattels) shall stand charged with the payment of a net sum of five thousand pounds, free of death duties and costs, to the surviving husband or wife with interest thereon from the date of the death at the rate of four pounds per cent. per annum until paid or appropriated, and, subject to providing for that sum and the interest thereon, the residuary estate (other than the personal chattels) shall be held—\n                                                                                                                                                                                    (a) as to one half upon trust for the surviving husband or wife during his or her life, and, subject to such life interest, on the statutory trusts for the issue of the intestate, and\n                                                                                                                                                                                    (b) as to the other half, on the statutory trusts for the issue of the intestate.\n(3) leaves one or more of the following, that is to say, a parent, a brother or sister of the whole blood, or issue of a brother or sister of the whole blood, but leaves no issue  the surviving husband or wife shall take the personal chattels absolutely and, in addition, the residuary estate of the intestate (other than the personal chattels) shall stand charged with the payment of a net sum of twenty thousand pounds, free of death duties and costs, to the surviving husband or wife with interest thereon from the date of the death at the rate of four pounds per cent. per annum until paid or appropriated, and, subject to providing for that sum and the interest thereon, the residuary estate (other than the personal chattels) shall be held—\n                                                                                                                                                                                    (a) as to one half in trust for the surviving husband or wife absolutely, and\n                                                                                                                                                                                    (b) as to the other half—\n                                                                                                                                                                                    (i) where the intestate leaves one parent or both parents (whether or not brothers or sisters of the intestate or their issue also survive) in trust for the parent absolutely or, as the case may be, for the two parents in equal shares absolutely\n                                                                                                                                                                                    (ii) where the intestate leaves no parent, on the statutory trusts for the brothers and sisters of the whole blood of the intestate.”\n\n(3) In accordance with subsection (2) of this section—\n(a) in paragraph (iii) and (iv) of subsection (1) of the said section forty-six, after the word “leaves” there shall be inserted the words “ no husband or wife and ”; and the words “subject to the interests of a surviving husband or wife” shall be omitted,\n(b) in paragraph (v) of the said subsection (1)—\n(i) for the words “issue or” there shall be substituted the words “ husband or wife and no issue and no ” and\n(ii) the words “subject to the interests of a surviving husband or wife” and the words “but if no person takes an absolutely vested interest under such trusts; then Sixthly, for the surviving husband or wife of the intestate absolutely” shall be omitted,\n(c) at the end of section forty-seven of the principal Act there shall be added the following subsections—\n“(4)References in paragraph (i) of subsection (1) of the last foregoing section to the intestate leaving, or not leaving, a member of the class consisting of brothers or sisters of the whole blood of the intestate and issue of brothers or sisters of the whole blood of the intestate shall be construed as references to the intestat leaving, or not leaving, a member of that class who attains an absolutely vested interest.”\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(d) in paragraph (a) of subsection (2) of section forty-eight of the principal Act, for the words “one thousand pounds” there shall be substituted the words “ five thousand, or, as the case may be, twenty thousand pounds ”.\n(4) At the end of the said section forty-sixthere shall be added the following subsections—\n“(3)Where the intestate and the intestate’s husband or wife have died in circumstances rendering it uncertain which of them survived the other and the intestate’s husband or wife is by virtue of section one hundred and eighty-four of the Law of Property Act, 1925, deemed to have survived the intestate, this section shall, nevertheless, have effect as respects the intestate as if the husband or wife had not survived the intestate.\n(4) The interest payable on the net sum of five thousand pounds or, as the case may be, twenty thousand pounds payable to a surviving husband or wife shall be primarily payable out of income.”\n\n2 Right of surviving spouse to have life interest redeemed.\nAs respects a person dying intestate after the commencement of this Act—\n(a) subsection (1) of section forty-eight of the principal Act (which authorises the personal representative to redeem the surviving spouse’s life interest in the residuary estate with his or her consent) shall not have effect, and\n(b) Part IV of the principal Act shall have effect as if the following section were added immediately before that section:—\n\n“47A(1)Where a surviving husband or wife is entitled to a life interest in part of the residuary estate, and so elects, the personal representative shall purchase or redeem the life interest by paying the capital value thereof to the tenant for life, or the persons deriving title under the tenant for life, and the costs of the transaction; and thereupon the residuary estate of the intestate may be dealt with and distributed free from the life interest.\n(2) The said capital value shall be reckoned in accordance with the rules set out in this subsection:—\n\nThere shall be ascertained the annual value of the life interest to which the surviving husband or wife would be entitled if the said part of the residuary estate (whether or not yielding income) were on the date of redemption of the life interest re-invested in the two-and -a -half per cent. consolidated stock referred to in section two of the National Debt (Conversion) Act, 1888.\n\nThere shall be ascertained the amount which, if invested on the said date in the purchase of an immediate life annuity from the National Debt Commissioners through the Post Office Savings Bank, would purchase an annuity for the tenant for life of the annual value ascertained under rule 1.\n\nThe said capital value shall, subject to rule 4, be the amount ascertained under rule 2 diminished by five per cent. thereof.\n\nIf the age of the tenant for life on the said date exceeds eighty years, a further deduction shall be made equal to five per cent. of the amount ascertained under rule 2 for each complete year by which the age exceeds eighty:\nProvided that, if the effect of this rule would otherwise be that the said capital value was less than one-and-a-half times the annual value ascertained under rule 1, the said capital value shall be one-and-a-half times that annual value.\n(3) An election under this section shall only be exercisable if at the time of the election the whole of the said part of the residuary estate consists of property in possession, but, for the purposes of this section, a life interest in property partly in possession and partly not in possession shall be treated as consisting of two separate life interests in those respective parts of the property.\n(4) If the tenant for life dies after the exercise of the election under this section but before effect is give to that election, the date of redemption shall be taken for the purposes of subsection (2) of this section to be the date immediately before the death of the tenant for life.\n(5) An election under this section shall be exercisable only within the period of twelve months from the date on which representation with respect to the estate of the intestate if first taken out:\nProvided thatif the surviving husband or wife satisfies the court that the limitation to the said period of twelve months will operate unfairly—\n(a) in consequence of the representation first taken out being probate of a will subsequently revoked on the ground that the will was invalid, or\n(b) in consequence of a question whether a person had an interest in the estate, or as to the nature of an interest in the estate, not having been determined at the time when representation was first taken out, or\n(c) in consequence of some other circumstances affecting the administration or distribution of the estate,the court may extend the said period.\n(6) An election under this section shall be exercisable, except where the tenant for life is the sole personal representative, by notifying the personal representative (or, where there are two or more personal representatives of whom one is the tenant for life, all of them except the tenant for life) in writing; and a notification in writing under this subsection shall not be revocable except with the consent of the personal representative.\n(7) Where the tenant for life is the sole personal representative an election under this section shall not be effective unless written notice thereof is given to the principal probate registrar within the period which it must be made; and provision may be made by probate rules for keeping a record of such notices and making that record available to the public.\nIn this subsection the expression “probate rules” means rules made under section one hundred of the Supreme Court of Judicature (Consolidation) Act, 1925.\n(8) An election under this section by a tenant for life who is an infant shall be as valid and binding as it would be if the tenant for lide were of age; but the personal representative shall, instead of paying the capital value of the life interest to the tenant for life, deal with it in the same manner as with any other part of the residuary estate to which the tenant for life is absolutely entitled.\n(9) In considering for the purposes of the foregoing provisions of this section the question when representation was first taken out, a grant limited to settled land or to trust property shall be left out of account unless a grant limited to the remainder of the estate has previously been made or is made at the same time”\n\n3 Partial intestacies.\n(1) As respects a person dying intestate after the commencement of this Act, section forty-nine of the principal Act (which contains modifications of the general rules of intestacy in cases of partial intestacy) shall have effect subject to the amendments set out in this section.\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3) At the end of the said section forty-nine there shall be added the following subsections:—\n“(2)References in the foregoing provisions of this section to beneficial interests acquired under a will shall be construed as including a reference to a beneficial interest acquired by virtue of the exercise by the will of a general power of appointment (including the statutory power to dispose of entailed interests), but not of a special power of appointment.\n(3) For the purposes of paragraph (aa) in the foregoing provisions of this section the personal representative shall employ a duly qualified valuer in any case where such employment may be necessary.\n(4) The references in subsection (3) of section forty-seven A of this Act to property are references to property comprised in the residuary estate and, accordingly, where a will of the deceased creates a life interest in property in possession, and the remaining interest in that property forms part of the residuary estate, the said references are references to that remaining interest (which, until the life interest determines, is property not in possession).”\n\n4 Reproduction of enactments in Administration of Estate Act, 1925, as amended.\nIn accordance with the provisions of the foregoing sections, sections forty-six to forty-nine of the principal Act shall have effect as respects a person dying intestate after the commencement of this Act as set out in the First Schedule to this Act.\n\n5 Rights of surviving spouse or civil partner as respects the matrimonialor civil partnership home.\nThe Second Schedule to this Act shall have effect for enabling the surviving husband or wifespouse or civil partner of a person dying intestate after the commencement of this Act to acquire the matrimonial or civil partnership home.\n\n6 Interpretation and construction.\n(1) In this Part of this Act the expression “intestate” has the meaning assigned to it by section fifty-five of the principal Act.\n(2) The references in subsection (1) of section fifty of the principal Act (which relates to the construction of documents) to Part IV of that Act, or to the foregoing provisions of that Part, shall in relation to an instrument inter vivos made or a will coming into operation after the commencement of this Act, but not in relation to instruments inter vivos made or wills coming into operation earlier, be construed as including references to this Part of this Act and the Schedules to be read therewith.\n\nPart IIAmendments of Inheritance (Family Provision) Act, 1938\n\n7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nPart III General\n\n9 Short title and commencement.\n(1) This Act may be cited as the Intestates’ Estates Act, 1952.\n(2) This Act shall come into operation on the first day of January, nineteen hundred and fifty-three.\n\nSCHEDULES\nSection 4\n\nFIRST SCHEDULESections 46 to 49 of Administration of Estates Act, 1925, as Amended by Part I of this Act as respects Persons Dying after the Commencement of this Act\n\nSuccession to real and personal estate on intestacy.\n46(1)The residuary estate of an intestate shall be distributed in the manner or be held on the trusts mentioned in this section, namely:—\n(i) If the intestate leaves a husband or wife, then in accordance with the following table:\n\nTable\nIf the intestate—\n(1) leaves—                                                                                                                                                                         the residuary estate shall be held in trust for the surviving husband or wife absolutely.\n(a) no issue, and\n(b) no parent, or brother or sister of the whole blood, or issue of a brother or sister of the whole blood.\n(2) leaves issue (whether or not persons mentioned in sub-paragraph (b) above also survive)                                                                                         the surviving husband or wife shall take the personal chattels absolutely and, in addition, the residuary estate of the intestate (other than the personal chattels) shall stand charged with the payment of a net sum of five thousand pounds, free of death duties and costs, to the surviving husband or wife with interest thereon from the date of the death at the rate of four pounds per cent. per annum until paid or appropriated, and, subject to providing for that sum and the interest thereon, the residuary estate (other than the personal chattels) shall be held—\n                                                                                                                                                                                    (a) as to one half upon trust for the surviving husband or wife during his or her life, and, subject to such life interest, on the statutory trusts for the issue of the intestate, and\n                                                                                                                                                                                    (b) as to the other half, on the statutory trusts for the issue of the intestate.\n(3) leaves one or more of the following, that is to say, a parent, a brother or sister of the whole blood, or issue of a brother or sister of the whole blood, but leaves no issue  the surviving husband or wife shall take the personal chattels absolutely and, in addition, the residuary estate of the intestate (other than the personal chattels) shall stand charged with the payment of a net sum of twenty thousand pounds, free of death duties and costs, to the surviving husband or wife with interest thereon from the date of the death at the rate of four pounds per cent. per annum until paid or appropriated, and, subject to providing for that sum and the interest thereon, the residuary estate (other than the personal chattels) shall be held—\n                                                                                                                                                                                    (a) as to one half in trust for the surviving husband or wife absolutely, and\n                                                                                                                                                                                    (b) as to the other half—\n                                                                                                                                                                                    (i) where the intestate leaves one parent or both parents (whether or not brothers or sisters of the intestate or their issue also survive) in trust for the parent absolutely or, as the case may be, for the two parents in equal shares absolutely,\n                                                                                                                                                                                    (ii) where the intestate leaves no parent, on the statutory trusts for the brothers and sisters of the whole blood of the intestate.\n\n(ii) If the intestate leaves issue but no husband or wife the residuary estate of the intestate shall be held on the statutory trusts for the issue of the intestate;\n(iii) If the intestate leaves no husband or wife and no issue but both parents, then the residuary estate of the intestate shall be held in trust for the father and mother in equal shares absolutely;\n(iv) If the intestate leaves no husband or wife and no issue but one parent, then the residuary estate of the intestate shall be held in trust for the surviving father or mother absolutely;\n(v) If the intestate leaves no husband or wife and no issue and no parent, then the residuary estate of the intestate shall be held in trust for the following persons living at the death of the intestate, and in the following order and manner, namely:—\n  * First, on the statutory trusts for the brothers and sisters of the whole blood of the intestate; but if no person takes an absolutely vested interest under such trusts; then\n  * Secondly, on the statutory trusts for the brothers and sisters of the half blood of the intestate; but if no person takes an absolutely vested interest under such trusts; then\n  * Thirdly, for the grandparents of the intestate and, if more than one survive the intestate, in equal shares; but if there is no member of this class; then\n  * Fourthly, on the statutory trusts for the uncles and aunts of the intestate (being brothers or sisters of the whole blood of a parent of the intestate); but if no person takes an absolutely vested interest under such trusts; then\n  * Fifthly, on the statutory trusts for the uncles and aunts of the intestate (being brothers or sisters of the half blood of a parent of the intestate);\n(vi) In default of any person taking an absolute interest under the foregoing provisions, the residuary estate of the intestate shall belong to the Crown or to the Duchy of Lancaster or to the Duke of Cornwall for the time being, as the case may be, as bona vacantia, and in lieu of any right to escheat.\nThe Crown or the said Duchy or the said Duke may (without prejudice to the powers reserved by section nine of the Civil List Act, 1910, or any other powers), out of the whole or any part of the property devolving on them respectively, provide, in accordance with the existing practice, for dependants, whether kindred or not, of the intestate, and other persons for whom the intestate might reasonably have been expected to make provision.\n(2) A husband and wife shall for all purposes of distribution or division under the foregoing provisions of this section be treated as two persons.\n(3) Where the intestate and the intestate’s husband or wife have died in circumstances rendering it uncertain which of them survived the other and the intestate’s husband or wife is by virtue of section one hundred and eighty-four of the Law of Property Act, 1925, deemed to have survived the intestate, this section shall, nevertheless, have effect as respects the intestate as if the husband or wife had not survived the intestate.\n(4) The interest payable on the net sum of five thousand pounds or, as the case may be, twenty thousand pounds payable to a surviving husband or wife shall be primarily payable out of income.\n\nStatutory trusts in favour of issue and other classes of relatives of intestate.\n47(1)Where under this Part of this Act the residuary estate of an intestate, or any part thereof, is directed to be held on the statutory trusts for the issue of the intestate, the same shall be held upon the following trusts, namely:—\n(i) In trust, in equal shares if more than one, for all or any the children or child of the intestate, living at the death of the intestate, who attain the age of twenty-one years or marry under that age, and for all or any of the issue living at the death of the intestate who attain the age of twenty-one years or marry under that age of any child of the intestate who predeceases the intestate, such issue to take through all degrees, according to their stocks, in equal shares if more than one, the share which their parent would have taken if living at the death of the intestate, and so that no issue shall take whose parent is living at the death of the intestate and so capable of taking;\n(ii) The statutory power of advancement, and the statutory provisions which relate to maintenance and accumulation of surplus income, shall apply, but when an infant marries such infant shall be entitled to give valid receipts for the income of the infant’s share or interest;\n(iii) Where the property held on the statutory trusts for issue is divisible into shares, then any money or property which, by way of advancement or on the marriage of a child of the intestate, has been paid to such child by the intestate or settled by the intestate for the benefit of such child (including any life or less interest and including property convenanted to be paid or settled) shall, subject to any contrary intention expressed or appearing from the circumstances of the case, be taken as being so paid or settled in or towards satisfaction of the share of such child or the share which such child would have taken if living at the death of the intestate, and shall be brought into account, at a valuation (the value to be reckoned as at the death of the intestate), in accordance with the requirements of the personal representatives;\n(iv) The personal representatives may permit any infant contingently interested to have the use and enjoyment of any personal chattels in such manner and subject to such conditions (if any) as the personal representatives may consider reasonable, and without being liable to account for any consequential loss.\n(2) If the trusts in favour of the issue of the intestate fail by reason of no child or other issue attaining an absolutely vested interest—\n(a) the residuary estate of the intestate and the income thereof and all statutory accumulations, if any, of the income thereof, or so much thereof as may not have been paid or applied under any power affecting the same, shall go, devolve and be held under the provisions of this Part of this Act as if the intestate had died without leaving issue living at the death of the intestate;\n(b) references in this Part of this Act to the intestate “leaving no issue” shall be construed as “leaving no issue who attain an absolutely vested interest”;\n(c) references in this Part of this Act to the intestate “leaving issue” or “leaving a child or other issue” shall be construed as “leaving issue who attain an absolutely vested interest”.\n(3) Where under this Part of this Act the residuary estate of an intestate or any part thereof is directed to be held on the statutory trusts for any class of relatives of the intestate, other than issue of the intestate, the same shall be held on trusts corresponding to the statutory trusts for the issue of the intestate (other than the provision for bringing any money or property into account) as if such trusts (other than as aforesaid) were repeated with the substitution of references to the members or member of that class for references to the children or child of the intestate.\n(4) References in paragraph (i) of subsection (1) of the last foregoing section to the intestate leaving, or not leaving, a member of the class consisting of brothers or sisters of the whole blood of the intestate and issue of brothers or sisters of the whole blood of the intestate shall be construed as references to the intestate leaving, or not leaving, a member of that class who attains an absolutely vested interest.\n(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nRight of surviving spouse to have own life interest redeemed.\n47A(1)Where a surviving husband or wife is entitled to a life interest in part of the residuary estate, and so elects, the personal representative shall purchase or redeem the life interest by paying the capital value thereof to the tenant for life, or the persons deriving title under the tenant for life, and the costs of the transaction; and thereupon the residuary estate of the intestate may be dealt with and distributed free from the life interest.\n(2) The said capital value shall be reckoned in accordance with the rules set out in this subsection:—\n1.There shall be ascertained the annual value of the life interest to which the surviving husband or wife would be entitled if the said part of the residuary estate (whether or not yielding income) were on the date of redemption of the life interest re-invested in the two-and-a-half per cent. consolidated stock referred to in section two of the National Debt (Conversion) Act, 1888.\n2.There shall be ascertained the amount which, if invested on the said date in the purchase of an immediate life annuity from the National Debt Commissioners through the Post Office Savings Bank, would purchase an annuity for the tenant for life of the annual value ascertained under rule 1.\n3.The said capital value shall, subject to rule 4, be the amount ascertained under rule 2 diminished by five per cent. thereof.\n4.If the age of the tenant for life on the said date exceeds eighty years, a further deduction shall be made equal to five per cent. of the amount ascertained under rule 2 for each complete year by which the age exceeds eighty:\nProvided that, if the effect of this rule would otherwise be that the said capital value was less than one-and-a-half times the annual value ascertained under rule 1, the said capital value shall be one-and-a-half times that annual value.\n(3) An election under this section shall only be exercisable if at the time of the election the whole of the said part of the residuary estate consists of property in possession, but, for the purposes of this section, a life interest in property partly in possession and partly not in possession may be treated as consisting of two separate life interests in those respective parts of the property.\n(4) If the tenant for life dies after the exercise of the election under this section but before effect is given to that election, the date of redemption shall be taken for the purposes of subsection (2) of this section to be the date immediately before the death of the tenant for life.\n(5) An election under this section shall be exercisable only within the period of twelve months from the date on which representation with respect to the estate of the intestate is first taken out:\nProvided that if the surviving husband or wife satisfies the court that the limitation to the said period of twelve months will operate unfairly—\n(a) in consequence of the representation first taken out being probate of a will subsequently revoked on the ground that the will was invalid or,\n(b) in consequence of a question whether a person had an interest in the estate, or as to the nature of an interest in the estate, not having been determined at the time when representation was first taken out, or\n(c) in consequence of some other circumstances affecting the administration or distribution of the estate,\nthe court may extend the said period.\n(6) An election under this section shall be exercisable except where the tenant for life is the sole personal representative, by notifying the personal representative (or, where there are two or more personal representatives of whom one is the tenant for life all of them except the tenant for life) in writing; and a notification in writing under this subsection shall not be revocable except with the consent of the personal representative.\n(7) Where the tenant for life is the sole personal representative an election under this section shall not be effective unless written notice thereof is given to the principal probate registrar within the period within which it must be made; and provision may be made by probate rules for keeping a record of such notices and making that record available to the public.\nIn this subsection the expression “probate rules” means rules made under section one hundred of the Supreme Court of Judicature (Consolidation) Act, 1925.\n(8) An election under this section by a tenant for life who is an infant shall be as valid and binding as it would be if the tenant for life were of age; but the personal representative shall, instead of paying the capital value of the life interest to the tenant for life, deal with it in the same manner as with any other part of the residuary estate to which the tenant for life is absolutely entitled.\n(9) In considering for the purposes of the foregoing provisions of this section the question when representation was first taken out, a grant limited to settled land or to trust property shall be left out of account and a grant limited to real estate or to personal estate shall be left out of account unless a grant limited to the remainder of the estate has previously been made or is made at the same time.\n\nPowers of personal representative in respect of interests of surviving spouse.\n(1) 48(2)The personal representatives may raise—\n(a) the net sum of five thousand, or as the case may be, twenty thousand pounds or any part thereof and the interest thereon payable to the surviving husband or wife of the intestate on the security of the whole or any part of the residuary estate of the intestate (other than the personal chattels), so far as that estate may be sufficient for the purpose or the said sum and interest may not have been satisfied by an appropriation under the statutory power available in that behalf; and\n(b) in like manner the capital sum, if any, required for the purchase or redemption of the life interest of the surviving husband or wife of the intestate, or any part thereof not satisfied by the application for that purpose of any part of the residuary estate of the intestate;\nand in either case the amount, if any, properly required for the payment of the costs of the transaction.\n\nApplication to cases of partial intestacy.\n49(1)Where any person dies leaving a will effectively disposing of part of his property, this Part of this Act shall have effect as respects the part of his property not so disposed of subject to the provisions contained in the will and subject to the following modifications:—\n(aa) where the deceased leaves a husband or wife who acquires any beneficial interests under the will of the deceased (other than personal chattels specifically bequeathed) the references in this Part of this Act to the net sum of five thousand pounds or twenty thousand pounds payable to a surviving husband or wife, and to interest on that sum, shall be taken as references to the said sum diminished by the value at the date of death of the said beneficial interests, and to interest on that sum as so diminished and, accordingly, where the said value exceeds the said sum, this Part of this Act shall have effect as if references to the said sum, and interest thereon, were omitted,\n(a) the requirements of section forty-seven of this Act as to bringing property into account shall apply to any beneficial interests acquired by any issue of the deceased under the will of the deceased, but not to beneficial interests so acquired by any other persons;\n(b) the personal representative shall, subject to his rights and powers for the purposes of administration, be a trustee for the persons entitled under this Part of this Act in respect of the part of the estate not expressly disposed of unless it appears by the will that the personal representative is intended to take such part beneficially.\n(2) References in the foregoing provisions of this section to beneficial interests acquired under a will shall be construed as including a reference to a beneficial interest acquired by virtue of the exercise by the will of a general power of appointment (including the statutory power to dispose of entailed interests), but not of a special power of appointment.\n(3) For the purposes of paragraph (aa) in the foregoing provisions of this section the personal representative shall employ a duly qualified valuer in any case where such employment may be necessary.\n(4) The references in subsection (3) of section forty-seven A of this Act to property are references to property comprised in the residuary estate and, accordingly, where a will of the deceased creates a life interest in property in possession, and the remaining interest in that property forms part of the residuary estate, the said references are references to that remaining interest (which, until the life interest determines, is property not in possession).\nSection 5.\n\nSECOND SCHEDULE Rights of Surviving Spouse or civil partner as respects the Matrimonial or civil partnership Home\n1(1) Subject to the provisions of this Schedule, where the residuary estate of the intestate comprises an interest in a dwelling-house in which the surviving husband or wifespouse or civil partner was resident at the time of the intestate’s death, the surviving husband or wifespouse or civil partner may require the personal representative, in exercise of the power conferred by section forty-one of the principal Act (and with due regard to the requirements of that section as to valuation) to appropriate the said interest in the dwelling-house in or towards satisfaction of any absolute interest of the surviving husband or wifespouse or civil partner in the real and personal estate of the intestate.\n(2) The right conferred by this paragraph shall not be exercisable where the interest is—\n(a) a tenancy which at the date of the death of the intestate was a tenancy which would determine within the period of two years from that date; or\n(b) a tenancy which the landlord by notice given after that date could determine within the remainder of that period.\n(3) Nothing in subsection (5) of section forty-one of the principal Act (which requires the personal representative, in making an appropriation to any person under that section, to have regard to the rights of others) shall prevent the personal representative from giving effect to the right conferred by this paragraph.\n(4) The reference in this paragraph to an absolute interest in the real and personal estate of the intestate includes a reference to the capital value of a life interest which the surviving husband or wifespouse or civil partner has under this Act elected to have redeemed.\n(5) Where part of a building was, at the date of the death of the intestate, occupied as a separate dwelling, that dwelling shall for the purposes of this Schedule be treated as a dwelling-house.\n2 Where—\n(a) the dwelling-house forms part of a building and an interest in the whole of the building is comprised in the residuary estate; or\n(b) the dwelling-house is held with agricultural land and an interest in the agricultural land is comprised in the residuary estate; or\n(c) the whole or a part of the dwelling-house was at the time of the intestate’s death used as a hotel or lodging house; or\n(d) a part of the dwelling-house was at the time of the intestate’s death used for purposes other than domestic purposes,\nthe right conferred by paragraph 1 of this Schedule shall not be exercisable unless the court, on being satisfied that the exercise of that right is not likely to diminish the value of assets in the residuary estate (other than the said interest in the dwelling-house) or make them more difficult to dispose of, so orders.\n3(1)The right conferred by paragraph 1 of this Schedule—\n(a) shall not be exercisable after the expiration of twelve months from the first taking out of representation with respect to the intestate’s estate;\n(b) shall not be exercisable after the death of the surviving husband or wifespouse or civil partner;\n(c) shall be exercisable, except where the surviving husband or wifespouse or civil partner is the sole personal representative, by notifying the personal representative (or, where there are two or more personal representatives of whom one is the surviving husband or wifespouse or civil partner, all of them except the surviving husband or wifespouse or civil partner) in writing.\n(2) A notification in writing under paragraph (c) of the foregoing sub-paragraph shall not be revocable except with the consent of the personal representative; but the surviving husband or wifespouse or civil partner may require the personal representative to have the said interest in the dwelling-house valued in accordance with section forty-one of the principal Act and to inform him or her of the result of that valuation before he or she decides whether to exercise the right.\n(3) Subsection (9) of the section forty-seven A added to the principal Act by section two of this Act shall apply for the purposes of the construction of the reference in this paragraph to the first taking out of representation, and the proviso to subsection (5) of that section shall apply for the purpose of enabling the surviving husband or wifespouse or civil partner to apply for an extension of the period of twelve months mentioned in this paragraph.\nThe court may extend the period of 12 months referred to in sub-paragraph (1)(a) if the surviving spouse or civil partner applies for it to be extended and satisfies the court that a period limited to 12 months would operate unfairly—\n(a) in consequence of the representation first taken out being probate of a will subsequently revoked on the ground that the will was invalid, or\n(b) in consequence of a question whether a person had an interest in the estate, or as to the nature of an interest in the estate, not having been determined at the time when representation was first taken out, or\n(c) in consequence of some other circumstances affecting the administration or distribution of the estate.\n(4) For the purposes of the construction of the references in this paragraph to the first taking out of representation, there shall be left out of account—\n(a) a grant limited to settled land or to trust property,\n(b) any other grant that does not permit any of the estate to be distributed,\n(c) a grant limited to real estate or to personal estate, unless a grant limited to the remainder of the estate has previously been made or is made at the same time,\n(d) a grant, or its equivalent, made outside the United Kingdom (but see sub-paragraph (5)).\n(5) A grant sealed under section 2 of the Colonial Probates Act 1892 counts as a grant made in the United Kingdom for the purposes of sub-paragraph (4), but is to be taken as dated on the date of sealing.\n4(1)During the period of twelve months mentioned in paragraph 3 of this Schedule the personal representative shall not without the written consent of the surviving husband or wifespouse or civil partner sell or otherwise dispose of the said interest in the dwelling-house except in the course of administration owing to want of other assets.\n(2) An application to the court under paragraph 2 of this Schedule may be made by the personal representative as well as by the surviving husband or wifespouse or civil partner, and if, on an application under that paragraph, the court does not order that the right conferred by paragraph 1 of this Schedule shall be exercisable by the surviving husband or wifespouse or civil partner, the court may authorise the personal representative to dispose of the said interest in the dwelling-house within the said period of twelve months.\n(3) Where the court under sub-paragraph (3) of paragraph 3 of this Schedule extends the said period of twelve months, the court may direct that this paragraph shall apply in relation to the extended period as it applied in relation to the original period of twelve months.\n(4) This paragraph shall not apply where the surviving husband or wifespouse or civil partner is the sole personal representative or one of two or more personal representatives.\n(5) Nothing in this paragraph shall confer any right on the surviving husband or wifespouse or civil partner as against a purchaser from the personal representative.\n5(1)Where the surviving husband or wifespouse or civil partner is one of two or more personal representatives, the rule that a trustee may not be a purchaser of trust property shall not prevent the surviving husband or wifespouse or civil partner from purchasing out of the estate of the intestate an interest in a dwelling-house in which the surviving husband or wifespouse or civil partner was resident at the time of the intestate’s death.\n(2) The power of appropriation under section forty-one of the principal Act shall include power to appropriate an interest in a dwelling-house in which the surviving husband or wifespouse or civil partner was resident at the time of the intestate’s death partly in satisfaction of an interest of the surviving husband or wifespouse or civil partner in the real and personal estate of the intestate and partly in return for a payment of money by the surviving husband or wifespouse or civil partner to the personal representative.\n6(1)Where the surviving spouse or civil partner lacks capacity (within the meaning of the Mental Capacity Act 2005) to make a requirement or give a consent under this Schedule, the requirement or consent may be made or given by a deputy appointed by the Court of Protection with power in that respect or, if no deputy has that power, by that court.\n(2) A requirement or consent made or given under this Schedule by a surviving husband or wifespouse or civil partner who is an infant shall be as valid and binding as it would be if he or she were of age; and, as respects an appropriation in pursuance of paragraph 1 of this Schedule, the provisions of section forty-one of the principal Act as to obtaining the consent of the infant’s parent or guardian, or of the court on behalf of the infant, shall not apply.\n7(1)Except where the context otherwise requires, references in this Schedule to a dwelling-house include references to any garden or portion of ground attached to and usually occupied with the dwelling-house or otherwise required for the amenity or convenience of the dwelling-house.\n(2) This Schedule shall be construed as one with Part IV of the principal Act.\n\nTHIRD SCHEDULE\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nFOURTH SCHEDULE\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .","title":""}
{"_id":"text_ukpga_Vict_51-52_25","text":"[10th August 1888]\n\n1 Short title and construction.\nThis Act may be cited as the Railway and Canal Traffic Act 1888.\nThis Act shall be construed as one with the Regulation of Railways Act 1873, and the Acts amending it; and those Acts and this Act may be cited together as the Railway and Canal Traffic Acts 1873 and l888.\n\nPart I Court and Procedure of Railway and Canal Commissioners\n\n2—5.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n7—12.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n14, 15.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nJurisdiction\n\n16 Power to apportion expenses between railway company and applicants for works.\n(1) Where the Board of Trade . . . in the exercise of any power given by any general or special Act, on application order a company to which this part of this Act applies, to provide a bridge, subway, or approach, or any work of a similar character, the Board of Trade . . . , may require as a condition of making the order that an agreement to pay the whole or a portion of the expenses of complying with the order shall be entered into by the applicants or some of them, or such other persons as the Board of Trade . . . think fit, and any of the following local authorities, namely, any sanitary authority, any local highway authorityor local roads authority (within the meaning of the Roads (Scotland) Act 1984), or any other authority having power to levy rates, shall have power, if such authority think fit, to enter into any such agreement as is sanctioned by the Board of Trade . . . for the purpose of the order.\n(2) In such case any question respecting the persons by whom or the proportions in which the expenses of complying with the order are to be defrayed may, on the application of any party to the application, or on a certificate of the Board of Trade, be determined by the Commissioners.\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n17—22.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nSupplemental\n\n23 Company to which Part I applies.\nThis part of this Act shall apply to any railway company, and to any canal company, and to any railway and canal company.\n\nPart II\n\n24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n25—35.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nPart III Canals\n\n36—37.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n39 Returns by canal companies.\n(1) Every canal company shall, on or before the first day of January in every year . . . send to the registrar of joint stock companies a return stating the name of the company, a short description of their canal, the name of their principal officer, and the place of their office, or, if they have more than one office, of their principal office.\n(2) Every canal company shall . . . from time to time, whenever required by the Board of Trade, not being oftener than once in every year, forward to the Board of Trade in such form and manner as the Board may from time to time prescribe, such returns as the Board of Trade may require for the purpose of showing the capacity of such canal for traffic, and the capital, revenue, expenditure, and profits of the canal company.\n(3) When the canal of a canal company, or any part thereof, is intended to be stopped for more than two days, the company shall report to the Board of Trade, stating the time during which such stoppage is intended to last, and when the same is re-opened the company shall so report to the Board of Trade.\n(4) A company failing to comply with this section shall be liable, on summary conviction, to a fine not exceeding five pounds for every day during which their default continues, and any director, manager, and officer of the company who knowingly and wilfully authorises and permits the default shall be liable, on summary conviction, to the like fine.\n\n40 Byelaws of canal companies.\n(1) Every canal company shall, before such date as the Board of Trade may prescribe, forward to the Board of Trade true copies, certified in such manner as the Board of Trade direct, of any byelaws or regulations of such company which are in force at the commencement of this Act; and the byelaws of any canal company, copies of which are not forwarded to the Board of Trade as provided by this section, shall from and after the said date cease to have any operation . . .\n(2) A byelaw or regulation of any canal company hereafter to be made under any power which has been, or which may hereafter be, conferred on any canal company, shall not have any force or effect until two months after a true copy of such byelaw or regulation, certified in such manner as the Board of Trade direct, has been forwarded to the Board of Trade, unless the Board of Trade before expiration of such period have signified their approbation thereof.\n(3) The Board of Trade may, at any time after any existing or future byelaws or regulations of a canal company have been forwarded to them, notify to the company their disallowance thereof, or of any of them, and in case such byelaws or regulations are in force at the time of the disallowance, the time at which the said byelaws or regulations shall cease to be in force. A byelaw or regulation disallowed by the Board of Trade shall not after such disallowance have any force or effect whatever, save (as regards any byelaw or regulation which may be in force at the time of the disallowance thereof) in so far as any penalty may have been already incurred under the same.\n(4) The Board of Trade may from time to time make, rescind, and vary such regulations as they think fit with respect to the publication by canal companies of their byelaws and regulations, and with respect to the publication by canal companies of their intention to apply to the Board of Trade for the allowance of any intended byelaws and regulations. . . . .\n\n41 Inspection of canals.\nWhenever the Board of Trade are, through their officers or otherwise, informed that the works of any canal are in such a condition as to be dangerous to the public, or to cause serious inconvenience or hindrance to traffic, the Board of Trade may direct such officer or other person as they appoint for the purpose to inspect the said canal and report thereon to the Board of Trade, and for the purpose of making any inspection under this section the officer or person appointed for the purpose shall, in relation to the canal or works to be inspected, have all the powers of an inspector appointed under the Regulation of Railways Act 1871.\n\n42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n43 Canal companies may agree for through tolls, &c.\n(1) Any canal company may make and enter into contracts and arrangements with any other canal company or canal companies for the passage over and along their respective canals, or any of them, of boats, barges, vessels, and other through traffic, and for the use, by such traffic, of the wharves, landing places, and other works of any such canal, upon payment of such through tolls, rates, and charges, and subject to such conditions and restrictions as may be agreed upon between such companies; and for the collection and recovery by any one of the companies on behalf of themselves and the other companies interested of the tolls, rates, and charges payable in respect of such through traffic; and for the division and apportionment of the tolls, rates, and charges; and any such contract may contain provisions for the erection and maintenance of or otherwise for providing warehouses, offices, and other buildings and conveniences, and any other provisions for the purpose of carrying into effect any such arrangement, and any company may apply their funds or moneys for the same purpose.\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n46 Definition of “canal company.”\nIn this part of this Act the expression “canal company” shall include a “railway and canal company,” so far as relating to any canal of any such last-mentioned company.\n\nPart IV Miscellaneous\n\n47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n49 Recovery and application of penalties.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n50, 51.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n52 Saving of powers conferred on Commissioners and Board of Trade.\nThe powers and jurisdiction conferred by this Act on the . . . Board of Trade shall be in addition to and not in substitution for any powers and jurisdiction vested in the . . . Board of Trade by any statute.\n\n53 Proceedings of Board of Trade.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n54 Expenses of local authorities.\n(1) Where any local authority having power under this Act . . . to enter into any agreement to pay the whole or a portion of the expenses of complying with an order of . . . the Board of Trade, or to make any application for the abandonment or acquisition of a canal under this Act, incur any expenses in or incidental to such complaint, opposition, agreement, or application, such expenses may be defrayed out of the rates or funds out of which the expenses incurred by such authority in the execution of their ordinary duties are defrayed, . . .\n(2) A local authority may enter into any contract involving the payment by themselves and their successors of any expenses authorised by this section to be defrayed.\n(3) Where any such local authority have no power to borrow money for the purpose of defraying any expenses authorised by this section, such authority . . . may, with the consent of the Board of Trade in the case of any harbour board or conservancy authority, and with the consent of the Secretary of State in the case of any other authority, borrow money in manner provided by the Local Loans Act 1875, on the security of the rates or funds out of which the expenses are authorised to be defrayed, and the prescribed period for the loan shall be such period as the Board giving such consent may approve.\n(4) On the request of any board whose consent is required for such loan, the Board of Trade . . . shall certify such particulars respecting the amount of the said expenses and the propriety of incurring the same and of borrowing for the payment thereof as may be requested by such board.\n(5) In Ireland, any authority borrowing in pursuance of this section may borrow in manner provided by the Public Health (Ireland) Act 1878 in like manner as if the provisions of that Act with respect to borrowing were re-enacted in this section, and in terms made applicable thereto.\n\n55 Definitions.\nIn this Act, unless the context otherwise requires,—\nTerms defined by the Regulation of Railways Act 1873, have the meanings thereby assigned to them:\n  * The term “conservancy authority” means any persons who are otherwise than for private profit intrusted with the duty or invested with the power of conserving, maintaining, or improving the navigation of any tidal or inland water or navigation:\n  * The term “harbour board” means any persons who are otherwise than for private profit intrusted with the duty or invested with the power of constructing, improving, managing, regulating, and maintaining a harbour, whether natural or artificial, or any dock:\n  * . . .\n\n56—59.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nSCHEDULE\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .","title":""}
{"_id":"text_anaw_2017_3","text":"[7 September 2017]\nHaving been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows:\n\nPART 1 OVERVIEW\n\n1 Overview of Act\n(1) This Part provides an overview of this Act.\n(2) Part 2—\n(a) makes provision for a tax (landfill disposals tax) to be charged on taxable disposals,\n(b) explains what a taxable disposal is, and\n(c) makes provision about disposals that are exempted from the tax.\n(3) Part 3 makes provision about how the tax is to be charged on taxable disposals made at authorised landfill sites. It includes provision about—\n(a) the persons on whom the tax is chargeable,\n(b) how the amount of tax chargeable on a taxable disposal is to be calculated,\n(c) taxable disposals for which relief from the tax may be claimed,\n(d) registration and accounting requirements, and\n(e) payment, recovery and repayment of the tax.\n(4) Part 4 makes provision about how the tax is to be charged on taxable disposals made at places other than authorised landfill sites. It includes provision about—\n(a) how the amount of tax chargeable on a taxable disposal is to be calculated,\n(b) the persons on whom the tax may be charged,\n(c) the procedure by which tax is charged on a person,\n(d) payment of the tax, and\n(e) late payment interest on unpaid tax.\n(5) Part 5 makes supplementary provision in connection with the tax. It includes provision—\n(a) enabling regulations to be made about circumstances in which a person is to be entitled to credit in respect of the tax,\n(b) about the creation of non-disposal areas within authorised landfill sites,\n(c) about the inspection of premises and information sharing,\n(d) about penalties,\n(e) about the application of the provisions of this Act and the Tax Collection and Management (Wales) Act 2016 (anaw 6) in special cases (for example, in the case of corporate groups, partnerships and unincorporated associations), and\n(f) about other miscellaneous matters.\n(6) Part 5 also makes provision for a Landfill Disposals Tax Communities Scheme.\n(7) Part 6 contains provision that applies generally for the purposes of this Act (including provision about the interpretation of this Act).\n\nPART 2 THE TAX AND TAXABLE DISPOSALS\n\nCHAPTER 1LANDFILL DISPOSALS TAX\n\n2 The tax\n(1) A tax, to be known as landfill disposals tax, is to be charged on taxable disposals in accordance with this Act.\n(2) The Welsh Revenue Authority (“WRA”) is responsible for the collection and management of the tax.\n(3) References in this Act to tax (or to the tax) are references to landfill disposals tax.\n\nCHAPTER 2TAXABLE DISPOSALS\n\n3 Taxable disposals\n(1) A taxable disposal is made when all of the following conditions are met.\n(2) Condition 1 is that there is a disposal of material by way of landfill (see section 4).\n(3) Condition 2 is that either—\n(a) the land where the disposal is made is, or forms part of, an authorised landfill site (see section 5(1)), or\n(b) the disposal requires an environmental permit (see section 5(2)) but the land where it is made is not, and does not form part of, an authorised landfill site.\n(4) Condition 3 is that the disposal is a disposal of the material as waste (see sections 6 and 7).\n(5) Condition 4 is that the disposal is made in Wales.\n(6) See also section 8 for specified landfill site activities that are to be treated as taxable disposals (whether or not the above conditions are met).\n\n4 Disposal of material by way of landfill\n(1) There is a disposal of material by way of landfill if material is—\n(a) deposited on the surface of land or on a structure set into the surface, or\n(b) deposited under the surface of land (for example, in a cavity such as a cavern or mine).\n(2) Subsection (1) applies whether or not the material is placed in a container before it is deposited.\n(3) Regulations may modify the meaning of a disposal of material by way of landfill (including by amending this section or any other enactment relating to the tax).\n\n5 Authorised landfill sites and environmental permits\n(1) Land is an authorised landfill site if an environmental permit authorising disposals of material by way of landfill is in force in relation to the land.\n(2) An environmental permit is a permit granted under regulations made under section 2 of the Pollution Prevention and Control Act 1999 (c. 24).\n\n6 Disposal of material as waste\n(1) A disposal of material is a disposal of it as waste if the person responsible for the disposal intends to discard the material.\n(2) An intention to discard material may be inferred from the circumstances of its disposal, and in particular from the fact (where it is the case) that the material is deposited in a landfill disposal area.\n(3) The following are not to be treated as inconsistent with an intention to discard material—\n(a) making a temporary use of the material, or a use of the material which is incidental to its disposal by way of landfill;\n(b) deriving a benefit from the material or from anything emitted by it (for example, using gas produced by its decomposition in electricity generation).\n(4) Regulations may modify the meaning of a disposal of material as waste (including by amending this section or any other enactment relating to the tax).\n\n7 Disposal of material as waste: person responsible for disposal\n(1) This section identifies the person responsible for a disposal of material for the purposes of section 6.\n(2) In the case of a disposal made at an authorised landfill site, the person responsible for the disposal is the person who is the operator of the site at the time of the disposal.\n(3) But if the disposal is made without the permission of the operator, the person responsible for the disposal is the person who makes the disposal.\n(4) The operator of an authorised landfill site is the holder of the environmental permit authorising disposals of material by way of landfill at the site.\n(5) In the case of a disposal made at a place that is not, and does not form part of, an authorised landfill site, the person responsible for the disposal is the person who makes the disposal.\n\n8 Landfill site activities to be treated as taxable disposals\n(1) The carrying out of a specified landfill site activity in Wales is to be treated as a taxable disposal of the material in relation to which the activity is carried out (whether or not the conditions in section 3 are met).\n(2) The taxable disposal is to be treated as being made when the specified landfill site activity is first carried out in relation to the material.\n(3) The following are specified landfill site activities when carried out at an authorised landfill site—\n(a) using material to create or maintain a temporary road giving access to a landfill disposal area;\n(b) using material to create or maintain a temporary hard standing;\n(c) using material to create or maintain a cell bund;\n(d) using material (other than naturally occurring material extracted from the site) to create or maintain a temporary screening bund;\n(e) using material to cover a landfill disposal area during a temporary cessation in landfill disposals;\n(f) placing material in a landfill disposal area to provide a base for, or prevent damage to, anything used to line, cap or drain that area;\n(g) keeping material in a non-disposal area beyond the end of the maximum period specified in the notice designating the area under section 55, unless the material is dealt with in accordance with an agreement under section 56(4)(a);\n(h) storing ashes (for example, fly ash and bottom ash);\n(i) using material in restoration work.\n(4) In subsection (3)—\n  * “cell bund” (“bwnd cell”) means a structure within a landfill disposal area which separates quantities of material deposited in that area;\n  * “hard standing” (“arwyneb solet”) means a base on which a landfill site activity is carried out;\n  * “restoration work” (“gwaith adfer”) means work carried out to restore an authorised landfill site (or any part of the site) to a use other than making landfill disposals; but where a landfill disposal area is capped, work carried out to restore that area is restoration work only if it is carried out after the area has been capped;\n  * “screening bund” (“bwnd sgrinio”) means a structure, whether above or below ground, for protecting or concealing a landfill site activity or reducing noise.\n(5) Regulations may—\n(a) provide that a landfill site activity is to be a specified landfill site activity,\n(b) modify the description of a specified landfill site activity, or\n(c) provide that an activity is to cease to be a specified landfill site activity.\n(6) The regulations may amend this section or any other enactment relating to the tax.\n\nCHAPTER 3EXEMPT DISPOSALS\n\n9 Exemptions: general\n(1) This Chapter provides exemption from tax for certain disposals of material which would otherwise be treated as taxable disposals.\n(2) A disposal of material that is exempt from tax is not a taxable disposal.\n(3) In this Chapter, references to a disposal of material include the carrying out of a specified landfill site activity in relation to material.\n\n10 Multiple disposals of material at same site\nA disposal of material is exempt from tax to the extent that—\n(a) it is a disposal of material which has already been included in a taxable disposal—\n(i) which was made at an authorised landfill site, and\n(ii) in respect of which tax was chargeable, and\n(b) it is made at the same authorised landfill site as that taxable disposal.\n\n11 Pet cemeteries\n(1) A disposal of material is exempt from tax if—\n(a) it is a disposal of material consisting entirely of the remains of dead pets (and any container or material in which the remains are contained), and\n(b) it is made at an authorised landfill site which meets the condition in subsection (2).\n(2) The condition is that no landfill disposals were made at the site during the relevant period other than disposals of material consisting entirely of the remains of dead pets (and any container or material in which the remains are contained).\n(3) The relevant period is the period which—\n(a) begins with the day on which this section comes into force, or on which the site becomes an authorised landfill site, whichever is later, and\n(b) ends immediately before the disposal mentioned in subsection (1).\n\n12 Power to modify exemptions\n(1) Regulations may—\n(a) create an additional exemption from tax,\n(b) modify an existing exemption, or\n(c) remove an exemption.\n(2) The regulations may provide for an exemption to apply subject to conditions (for example, a condition requiring WRA to be notified before a disposal is made).\n(3) The regulations may amend any enactment relating to the tax.\n\nPART 3 TAXABLE DISPOSALS MADE AT AUTHORISED LANDFILL SITES\n\nCHAPTER 1PERSONS CHARGEABLE TO TAX\n\n13 Persons chargeable to tax\nTax chargeable on a taxable disposal of material made at an authorised landfill site is chargeable on the person who is the operator of the site at the time of the disposal (whether or not the operator makes the disposal or permits it to be made).\n\nCHAPTER 2TAX CHARGEABLE ON TAXABLE DISPOSALS\n\nCalculation of tax chargeable\n\n14 Calculation of tax chargeable on taxable disposal\n(1) This section applies to a taxable disposal of material made at an authorised landfill site.\n(2) The amount of tax chargeable on the disposal is to be calculated by multiplying the taxable weight of the material in tonnes by the standard rate.\n(3) The standard rate is the rate per tonne prescribed for the purposes of subsection (2) in regulations.\n(4) Subsection (2) does not apply to the disposal if the material disposed of—\n(a) consists entirely of one or more qualifying materials (see section 15), or\n(b) is a qualifying mixture of materials (see section 16).\n(5) The amount of tax chargeable on a disposal of that description is instead to be calculated by multiplying the taxable weight of the material in tonnes by the lower rate.\n(6) The lower rate is the rate per tonne prescribed for the purposes of subsection (5) in regulations.\n(7) Regulations under subsection (3) or (6) may prescribe different rates for different descriptions of material.\n(8) See section 18 for provision about how the taxable weight of the material in a taxable disposal is to be calculated.\n\nQualifying materials and qualifying mixtures of materials\n\n15 Qualifying material\n(1) Qualifying material is material in respect of which the following requirements are met.\n  * Requirement 1 The material is specified in the Table in Schedule 1.\n  * Requirement 2 Each condition in the Table in Schedule 1 that applies in respect of the material is met (if any).\n  * Requirement 3 There is—\n    (a) if a written description of the material is required by virtue of section 34(1)⁠(c)(ii) of the Environmental Protection Act 1990 (c. 43), a written description of the kind required, or\n    (b) if no written description of the material is required by virtue of that section, other evidence,\n    from which it can be determined that requirements 1 and 2 are met.\n(2) Regulations may amend Schedule 1.\n\n16 Qualifying mixtures of materials\n(1) A qualifying mixture of materials is a mixture in respect of which the following requirements are met.\n  * Requirement 1 The mixture consists of—\n    (a) one or more qualifying materials, and\n    (b) a small amount of one or more non-qualifying materials that is incidental to the qualifying materials.\n  * Requirement 2 There is—\n    (a) if a written description of the mixture is required by virtue of section 34(1)⁠(c)(ii) of the Environmental Protection Act 1990 (c. 43), a written description of the kind required, or\n    (b) if no written description of the mixture is required by virtue of that section, other evidence,\n    from which it can be determined that requirement 1 is met.\n  * Requirement 3 The non-qualifying materials have not been mixed with the qualifying materials deliberately for the purposes of—\n    (a) disposal, or\n    (b) matters preparatory to disposal.\n  * Requirement 4 The non-qualifying materials do not include any material prescribed as material that must not be included in a qualifying mixture of materials.\n  * Requirement 5 The mixture is not hazardous waste within the meaning of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste.\n  * Requirement 6 No arrangements have been made in respect of the mixture that have, as their main purpose, or as one of their main purposes, the avoidance of liability to the tax.\n  * Requirement 7 If the mixture consists entirely of fines, any requirement prescribed under section 17(1) (either in relation to mixtures generally or in relation to mixtures of that particular description) is met in respect of the mixture.\n(2) For the purposes of requirement 1—\n(a) both the weight and the volume of the non-qualifying materials must be taken into account in determining whether the amount of those materials is to be treated as a small amount;\n(b) the potential that the non-qualifying materials have to cause harm must be taken into account in determining whether those materials are to be treated as incidental to the qualifying materials.\n(3) Regulations may provide that an amount of non-qualifying materials is not to be treated as a small amount for the purposes of requirement 1 if it constitutes more than a prescribed percentage of the mixture of materials (by weight or volume or both).\n(4) Regulations may amend this section to—\n(a) add a further requirement to subsection (1),\n(b) modify an existing requirement,\n(c) remove a requirement, or\n(d) make further provision about matters that must or may be taken into account for the purposes of determining whether a requirement is met, or modify or remove existing provision about those matters.\n(5) In this section—\n  * “arrangement” (“trefniant”) has the meaning given in section 81B(3) of TCMA;\n  * “fines” (“gronynnau mân”) has the meaning given in section 17(6);\n  * “non-qualifying material” (“deunydd anghymwys”) means a material that is not a qualifying material;\n  * “prescribed” (“rhagnodedig”) means prescribed in regulations.\n\n17 Qualifying mixture of materials: fines\n(1) Regulations may prescribe requirements that must be met (in addition to requirements 1 to 6 in section 16) in order for a mixture of materials consisting entirely of fines to be treated as a qualifying mixture of materials.\n(2) The regulations may provide (among other things)—\n(a) that the mixture must originate in a prescribed way (for example, by means of a prescribed waste treatment process);\n(b) that there must be prescribed evidence regarding the nature of the fines in the mixture;\n(c) that prescribed steps must have been taken in relation to the mixture (either by the operator of an authorised landfill site or by any other person);\n(d) that there must be prescribed evidence regarding the taking of those steps;\n(e) that the mixture must give a prescribed result if subjected to a prescribed test.\n(3) Where regulations are made under subsection (2)(e), regulations may also make connected provision, including (among other things) provision—\n(a) requiring the operator of an authorised landfill site to carry out the prescribed test (“the test”) on prescribed mixtures of fines;\n(b) specifying when the operator must do so;\n(c) enabling WRA—\n(i) to direct the operator to carry out the test on all mixtures of fines brought onto the site, or on particular descriptions of those mixtures of fines;\n(ii) to carry out the test itself on any mixture of fines brought onto the site;\n(d) requiring the operator and WRA—\n(i) to keep prescribed evidence in connection with the test, and\n(ii) to preserve it for a prescribed period;\n(e) requiring the operator to provide prescribed information to WRA in connection with the test—\n(i) at prescribed intervals;\n(ii) in the prescribed form and manner;\n(f) requiring or permitting the operator to take prescribed steps if a mixture of fines fails the test;\n(g) prohibiting prescribed mixtures of fines from being treated as qualifying mixtures of materials in prescribed circumstances.\n(4) Regulations under subsection (3) may make provision for—\n(a) penalties, or\n(b) reviews and appeals,\nin connection with any provision made under that subsection; and where they do so, they may amend or apply (with or without modifications) any enactment relating to the tax.\n(5) Any regulations under this section, other than regulations conferring powers or imposing duties on WRA, may make provision by reference to things specified in a notice published by WRA (and not withdrawn by a subsequent published notice).\n(6) In this section—\n  * “fines” (“gronynnau mân”) means particles produced by a waste treatment process that involves mechanical treatment;\n  * “prescribed” (“rhagnodedig”) means prescribed in regulations.\n\nTaxable weight of material\n\n18 Taxable weight of material in taxable disposal\n(1) The taxable weight of the material in a taxable disposal made at an authorised landfill site⁠—\n(a) must be calculated by the operator of the site at which the taxable disposal is made;\n(b) may be calculated by WRA if it thinks it appropriate to do so.\n(2) The calculation is to be made—\n(a) in accordance with section 19, if made by the operator;\n(b) in accordance with section 22, if made by WRA.\n(3) Where—\n(a) no tax return has been made in respect of the disposal, and\n(b) WRA—\n(i) calculates the taxable weight of the material, and\n(ii) applies the result in issuing a notice to the operator in respect of the disposal,\nthe taxable weight of the material for the purposes of section 14(2) and (5) is the taxable weight calculated by WRA, unless the operator subsequently takes the steps set out in subsection (4).\n(4) Where the operator—\n(a) calculates the taxable weight of the material, and\n(b) applies the result in making or amending a tax return in respect of the disposal,\nthe taxable weight of the material for the purposes of section 14(2) and (5) is the taxable weight calculated by the operator, unless WRA subsequently takes the steps set out in subsection (5).\n(5) Where WRA—\n(a) calculates the taxable weight of the material after a tax return has been made in respect of the disposal, and\n(b) applies the result in issuing a notice to the operator in respect of the disposal,\nthe taxable weight of the material for the purposes of section 14(2) and (5) is the taxable weight calculated by WRA, unless the operator subsequently takes the steps set out in subsection (4).\n\n19 Calculation of taxable weight of material by operator\n(1) The operator of an authorised landfill site must calculate the taxable weight of the material in a taxable disposal in the following way.\n(2) The operator must determine the weight of the material in tonnes in accordance with section 20.\n(3) If the operator has approval under section 21 to apply a discount in relation to the disposal, the operator may apply the discount (or a lesser discount) to the weight determined under subsection (2), subject to the conditions of the approval (if any).\n(4) The result is the taxable weight of the material in the taxable disposal.\n\n20 Determination of weight of material by operator\n(1) The operator of an authorised landfill site must determine the weight of the material in a taxable disposal by using a weighbridge.\n(2) The operator must ensure, for the purposes of subsection (1)—\n(a) that the material is weighed on the weighbridge before the disposal is made, and\n(b) that the weighbridge meets each requirement in weights and measures legislation that applies to the weighbridge (if any).\n(3) The operator of an authorised landfill site may make an application to WRA for approval to use an alternative method to determine the weight of the material in a taxable disposal.\n(4) An application must—\n(a) be made in such manner,\n(b) contain such information, and\n(c) be accompanied by such documents,\nas may be specified by WRA (either generally or in a particular case).\n(5) Where the operator makes an application for approval—\n(a) WRA must issue a notice to the operator of its decision on the application, and\n(b) if WRA gives approval, the notice must set out the details of the approval.\n(6) An approval—\n(a) may relate to all the taxable disposals in respect of which the application is made, or to particular descriptions of those taxable disposals only;\n(b) may be unconditional or subject to conditions;\n(c) may be given for a fixed period or an unlimited period;\n(d) may be varied or revoked at any time by issuing a notice to the operator.\n(7) If WRA gives the operator approval to use an alternative method to determine the weight of the material in a taxable disposal, the operator—\n(a) must use that method in relation to the disposal (instead of the method described in subsection (1)), and\n(b) must do so in accordance with any condition to which the approval is subject.\n(8) In this section, “weights and measures legislation” means the Weights and Measures Act 1985 (c. 72) and regulations made (in whole or in part) under that Act.\n\n21 Discount in respect of water content of material\n(1) The operator of an authorised landfill site may make an application to WRA for approval to apply a discount in respect of water present in material when calculating the taxable weight of the material in a taxable disposal.\n(2) An application for approval must be made in writing.\n(3) Where the operator makes an application for approval—\n(a) WRA must issue a notice to the operator of its decision on the application, and\n(b) if WRA gives approval, the notice must set out the details of the approval.\n(4) WRA may give the operator approval to apply a discount in respect of water present in material only if—\n(a) the water is present because—\n(i) it had to be added to enable the material to be transported for disposal,\n(ii) it had to be used to extract a mineral,\n(iii) it had to be added in the course of an industrial process, or\n(iv) it arose as a necessary consequence of an industrial process, or\n(b) the material is a residue from the treatment of effluent or sewage at a water treatment works.\n(5) An approval—\n(a) may relate to all taxable disposals in respect of which the application is made, or to particular descriptions of those taxable disposals only;\n(b) may specify different discounts for different descriptions of taxable disposals;\n(c) may be unconditional or subject to conditions (for example, a condition requiring payment in respect of tests on material);\n(d) may be given for a fixed period or an unlimited period;\n(e) may be varied or revoked at any time by issuing a notice to the operator.\n(6) The operator of an authorised landfill site must keep a record of each taxable disposal in relation to which a discount is applied in respect of water present in material (a “water discount record”).\n(7) WRA may specify—\n(a) the form in which a water discount record must be kept;\n(b) the information that must be contained in it.\n(8) The record is to be treated for the purposes of TCMA as being a record required to be kept and preserved under section 38(1) of TCMA for the purpose of demonstrating that the tax return that the operator is required to make, in respect of the accounting period in respect of which tax is chargeable on the disposal, is correct and complete.\n\n22 Calculation of taxable weight of material by WRA\n(1) Where WRA calculates the taxable weight of the material in a taxable disposal, it must do so by—\n(a) determining the weight of the material in tonnes using any method it thinks appropriate, and\n(b) where there is approval under section 21 to apply a discount in relation to the disposal, applying the discount to the weight determined under paragraph (a), subject to the conditions of the approval (if any).\n(2) But if WRA is satisfied that a failure or breach mentioned in section 23 has occurred in relation to the taxable disposal, it may, in making its calculation, take the steps set out in that section in respect of the failure or breach.\n(3) The result is the taxable weight of the material in the taxable disposal.\n\n23 Calculation of taxable weight of material by WRA: cases of non-compliance\n(1) This section applies where WRA calculates the taxable weight of the material in a taxable disposal.\n(2) Where WRA is satisfied that the operator of the site at which a taxable disposal is made has failed to make a tax return in relation to the disposal, WRA may ignore section 22(1)⁠(b).\n(3) Where WRA is satisfied that the operator of the site at which a taxable disposal is made has failed to determine the weight of the material in the disposal in accordance with section 20, WRA may—\n(a) ignore section 22(1)(b), or\n(b) reduce the discount to be applied under section 22(1)(b) as it thinks appropriate.\n(4) Where WRA is satisfied that the operator of the site at which a taxable disposal is made—\n(a) has approval under section 21 to apply a discount in relation to the disposal, but\n(b) is in breach of a condition of the approval,\nWRA may take the steps set out in subsection (5).\n(5) WRA may—\n(a) ignore section 22(1)(b), or\n(b) reduce the discount to be applied under section 22(1)(b) as it thinks appropriate.\n(6) Where WRA is satisfied that there is no water discount record in respect of a taxable disposal, WRA may ignore section 22(1)(b).\n(7) Where WRA is satisfied that the water discount record in respect of a taxable disposal does not meet a requirement specified under section 21(7), WRA may—\n(a) ignore section 22(1)(b), or\n(b) reduce the discount to be applied under section 22(1)(b) as it thinks appropriate.\n(8) In this section, “water discount record” has the meaning given by section 21(6).\n\n24 Reviews and appeals relating to method for determining weight of material\nIn section 172 of TCMA (appealable decisions), in subsection (2), after paragraph (g) (inserted by paragraph 62 of Schedule 23 to LTTA) insert—\n“(h)a decision relating to the method to be used by the operator of an authorised landfill site to determine the weight of material for the purposes of landfill disposals tax;”.\n\n25 Power to modify provision relating to taxable weight of material\nRegulations may add to, repeal or otherwise amend any provision in this Act relating to the taxable weight of the material in a taxable disposal made at an authorised landfill site (including provision relating to the application of a discount in respect of water present in the material).\n\nCHAPTER 3RELIEF FROM TAX\n\n26 Reliefs: general\n(1) This Chapter provides relief from tax for certain taxable disposals.\n(2) This Chapter applies only to disposals made at authorised landfill sites.\n(3) Tax is not chargeable in respect of a taxable disposal if it is relieved from tax.\n(4) Relief from tax must be claimed in a tax return.\n\n27 Material removed from bed of river, sea or other water\n(1) A taxable disposal is relieved from tax if it is a disposal of material consisting entirely of⁠—\n(a) material within subsection (2) or (3), or\n(b) material within one of those subsections and material within subsection (4).\n(2) Material is within this subsection if it has been removed from the bed of any of the following (whether natural or artificial)—\n(a) a river, canal or other watercourse, or\n(b) a dock, harbour or the approaches to a harbour.\n(3) Material is within this subsection if—\n(a) it consists of naturally occurring mineral material, and\n(b) it has been removed from the sea bed in the course of operations carried out for the purpose of obtaining materials such as sand or gravel.\n(4) Material is within this subsection if—\n(a) it is qualifying material,\n(b) it has been added to material within subsection (2) or (3) for the purpose of securing that that material is not in liquid form, and\n(c) the amount of material that has been added is no greater than is necessary to achieve that purpose.\n(5) In this section, references to material being removed are to it being removed by dredging or in any other way.\n\n28 Material resulting from mining and quarrying\n(1) A taxable disposal is relieved from tax if it is a disposal of material—\n(a) all of which results from mining operations (whether deep or open-cast) or from quarrying operations,\n(b) all of which is naturally occurring material extracted from the earth in the course of the operations, and\n(c) none of which has been subjected to, or results from, a process within subsection (2) carried out at any stage between the extraction and the disposal.\n(2) A process is within this subsection if—\n(a) it is separate from the mining or quarrying operations, or\n(b) it forms part of those operations and permanently alters the material's chemical composition.\n\n29 Using material in approved site restoration work\n(1) A taxable disposal is relieved from tax if—\n(a) it is a disposal of material—\n(i) consisting entirely of qualifying material, or\n(ii) consisting entirely of top-soil, and\n(b) it forms part of restoration work carried out in accordance with an approval given by WRA.\n(2) WRA may approve the carrying out of restoration work at an authorised landfill site only if—\n(a) the operator of the site applies in writing to WRA for the approval,\n(b) the application is made before the restoration work begins, and\n(c) WRA is satisfied that the work is required by a condition of an environmental permit or planning permission relating to the site.\n(3) An approval—\n(a) may relate to all or part of the work described in the application for the approval;\n(b) may relate to work carried out before or after the approval is given (or both);\n(c) may be unconditional or subject to conditions (for example, a condition requiring reports to WRA about the carrying out of the work).\n\n30 Site restoration work: procedure on application for approval\n(1) This section applies where the operator of an authorised landfill site has applied to WRA for approval for the carrying out of restoration work.\n(2) WRA may by notice request further information from the operator for the purpose of deciding whether or on what terms to give approval.\n(3) Notice of a request for further information must—\n(a) be issued within the period of 30 days beginning with the day on which WRA receives the application for approval, and\n(b) specify the period within which the further information must be provided, which must be at least 30 days beginning with the day on which notice of the request is issued.\n(4) WRA must issue a notice to the operator of its decision on the application within the period of 30 days beginning—\n(a) if WRA does not request further information, with the day on which WRA receives the application for approval, or\n(b) if WRA requests further information, with the earlier of—\n(i) the day on which WRA receives the information, and\n(ii) the day on which the period for providing the information ends.\n(5) If WRA gives approval, the notice must set out the details of the approval.\n(6) WRA and the operator of an authorised landfill site may agree to extend a period of time specified by or under this section.\n(7) If the period specified in subsection (4) (including any extension agreed under subsection (6)) ends without WRA having issued a notice of its decision, WRA is to be treated as having approved the carrying out of restoration work as described in the application (including any of the work that was carried out between the time when the application was made and the time when that period ended).\n\n31 Site restoration work: variation of approval\n(1) This section applies where WRA has approved the carrying out of restoration work at an authorised landfill site.\n(2) The operator of the site may apply in writing to WRA for the variation of the approval; and section 30 applies to an application for a variation as it applies to an application for an approval.\n(3) WRA may vary the approval on its own initiative if satisfied that the variation is necessary to ensure that the approval relates only to restoration work required by a condition of an environmental permit or planning permission relating to the site.\n(4) If WRA varies an approval on its own initiative, it must issue a notice setting out the details of the variation to the operator of the authorised landfill site.\n(5) The variation of an approval does not affect the application of section 29 to restoration work carried out in accordance with the approval before it was varied.\n\n32 Refilling open-cast mines and quarries\n(1) A taxable disposal is relieved from tax if—\n(a) it is a disposal of material consisting entirely of\n(i) qualifying material, or\n(ii) a qualifying mixture of materials that does not consist entirely of fines;\n(b) it is made at an authorised landfill site (or part of such a site) that was used for open-cast mining operations or quarrying operations,\n(c) it is made in accordance with a condition of planning permission relating to the site which requires the site (or the part in question) to be wholly or partially refilled after those operations end, and\n(d) no other taxable disposals have been made at the site (or at the part in question) since those operations ended, apart from disposals that were relieved from tax under section 28 or this section or disposals that would be relieved from tax under this section if they were made now.\n(2) If the operations mentioned in subsection (1)(b) ended before the coming into force of this section, the reference in subsection (1)(d) to other taxable disposals includes disposals that were taxable disposals for the purposes of Part 3 of the Finance Act 1996 (c. 8) (landfill tax).\n(3) If all open-cast mining operations and quarrying operations at the site ended before 1 October 1999, disposals of material at the site are not relieved from tax under this section unless the requirement mentioned in subsection (1)(c) was imposed on or before that date.\n\n33 Power to modify reliefs\n(1) Regulations may—\n(a) create an additional relief from tax,\n(b) modify an existing relief, or\n(c) remove a relief.\n(2) The regulations may provide for a relief to apply subject to conditions (for example, a condition requiring WRA to be notified before a taxable disposal is made).\n(3) The regulations may amend any enactment relating to the tax.\n\nCHAPTER 4TAX COLLECTION AND MANAGEMENT\n\nRegistration\n\n34 Register of persons who carry out taxable operations\n(1) WRA must keep a register of persons who carry out taxable operations.\n(2) A person carries out taxable operations if the person is the operator of an authorised landfill site at which taxable disposals are made.\n(3) A person's entry in the register must contain the information specified in Schedule 2.\n(4) The register may contain any other information WRA thinks appropriate for the purposes of collecting and managing the tax.\n(5) WRA may publish information contained in the register.\n\n35 Duty to be registered\n(1) A person who carries out taxable operations must be registered with WRA.\n(2) A person who intends to carry out taxable operations but is not registered—\n(a) must apply in writing to WRA to be registered, and\n(b) must do so at least 14 days before the day on which the person begins to carry out taxable operations.\n(3) WRA must register the person if satisfied that the application—\n(a) contains the information WRA requires to register the person, and\n(b) is in the form (if any) specified by WRA.\n(4) WRA must issue a notice to the person of its decision on the application.\n(5) If WRA registers the person, the notice must set out the person's entry in the register.\n\n36 Changes and corrections of information\n(1) A registered person must give WRA notice of any change of circumstances which causes the person's entry in the register to become inaccurate.\n(2) The notice must be given before the end of the period of 30 days beginning with the day on which the change occurs.\n(3) A person who has provided information to WRA for a purpose relating to registration must give WRA notice if the person discovers an inaccuracy in any of the information.\n(4) The notice must be given before the end of the period of 30 days beginning with the day on which the person discovers the inaccuracy.\n(5) If WRA is satisfied that information contained in the register is inaccurate, it may correct the register (whether or not the registered person to whom the information relates has given WRA notice of the inaccuracy).\n(6) If WRA corrects a person's entry in the register, it must issue a notice to the person setting out the corrected entry.\n\n37 Cancellation of registration\n(1) A registered person who ceases to carry out taxable operations must apply in writing to WRA for the cancellation of the person's registration.\n(2) The application must be made before the end of the period of 30 days beginning with the day on which the person ceases to carry out taxable operations.\n(3) WRA may cancel a person's registration if satisfied that the person has ceased to carry out taxable operations (whether or not the person has applied for the cancellation).\n(4) But WRA may not cancel the person's registration unless satisfied that\n(a) all of the tax that the person is required to pay has been paid, and\n(b) all of the tax credit to which the person is entitled and which the person has claimed—\n(i) has been set off against an amount of tax that the person would otherwise be required to pay, or\n(ii) has been paid to the person.\n(5) WRA may also cancel a person's registration if satisfied that the person has not carried out taxable operations and does not intend to do so.\n(6) If WRA cancels a person's registration, it must issue a notice of the cancellation to the person.\n\n38 Reviews and appeals relating to registration\nIn section 172 of TCMA (appealable decisions), in subsection (2), after paragraph (h) (inserted by section 24 of this Act) insert—\n“(i)a decision relating to the registration of a person for the purposes of landfill disposals tax;”.\n\nAccounting for tax\n\n39 Duty to make tax return in respect of accounting period\n(1) A person who carries out taxable operations must make a tax return to WRA in respect of each accounting period.\n(2) The tax return must contain—\n(a) an assessment of the amount of tax chargeable on the person in respect of the accounting period (see section 41), and\n(b) either—\n(i) a declaration by the person that the information contained in the return, and in any document that accompanies the return, is correct and complete to the best of the person's knowledge, or\n(ii) if the person authorises an agent to complete the return on the person's behalf, a certification by the agent that the person has made a declaration to that effect.\n(3) The tax return must be made on or before the filing date for the return.\n(4) The filing date for the return—\n(a) is the last working day of the month that follows the month in which the accounting period ends, unless the filing date is varied under section 40;\n(b) if the filing date is varied under section 40, is the date specified in the notice that makes the variation (and if more than one variation is made to the filing date, is the date specified in the notice that makes the last variation).\n(5) The accounting periods in respect of which a person must make a tax return—\n(a) are the periods specified in subsections (6) and (7), unless those periods are varied under section 40;\n(b) if the periods specified in subsections (6) and (7) are varied under section 40, are the periods specified in the notice that makes the variation (and if more than one variation is made to the accounting periods, are the periods specified in the notice that makes the last variation).\n(6) In the case of a person who is registered—\n(a) the first accounting period is the period—\n(i) beginning with the day on which the person begins to carry out taxable operations (or, if later, the day on which the person becomes registered), and\n(ii) ending with a day specified in a notice issued by WRA to the person;\n(b) the subsequent accounting periods are each subsequent period of 3 months in which the person carries out taxable operations.\n(7) In the case of a person who is not registered—\n(a) the first accounting period is the period—\n(i) beginning with the day on which the person begins to carry out taxable operations, and\n(ii) ending with the end of the calendar quarter in which the person begins to do so (or, if sooner, the day before the day on which the person becomes registered);\n(b) the subsequent accounting periods are each subsequent calendar quarter in which the person carries out taxable operations (but if the person becomes registered before the end of a calendar quarter, the accounting period relating to that quarter ends with the day before the day on which the person becomes registered).\n(8) In this section, “calendar quarter” means a period of 3 months ending with 31 March, 30 June, 30 September or 31 December.\n\n40 Power to vary accounting period or filing date\n(1) WRA may vary—\n(a) the duration of an accounting period;\n(b) the filing date for a tax return.\n(2) A variation is made by issuing a notice to the person to whom it applies.\n(3) The notice must set out the details of the variation.\n(4) WRA may issue a notice under this section either—\n(a) on the application of a person who carries out taxable operations or who intends to do so, or\n(b) on its own initiative.\n(5) An application for a variation must be made in writing.\n(6) If WRA refuses an application for a variation, it must issue a notice of its decision to the person who made the application.\n\n41 Tax chargeable in respect of accounting period\n(1) Tax chargeable on a taxable disposal made at an authorised landfill site is chargeable in respect of the accounting period in which the disposal is made.\n(2) But if the person who carries out taxable operations at the site issues a landfill invoice in respect of the disposal within the period of 14 days beginning with the day on which the disposal is made, the amount of tax chargeable on the disposal is chargeable in respect of the accounting period in which the invoice is issued (rather than the accounting period in which the disposal is made).\n(3) Subsection (2) does not apply to the disposal if the person has given notice to WRA, before the landfill invoice is issued, that the person does not wish to take advantage of it.\n(4) The person may vary or withdraw the notice by giving a further notice to WRA.\n(5) A person who carries out taxable operations, or who intends to do so, may make an application in writing to WRA for subsection (2) to be applied—\n(a) to all taxable disposals made at an authorised landfill site at which the person carries out taxable operations, or\n(b) to a description of taxable disposals specified in the application,\nas if the reference to a period of 14 days were to a longer period.\n(6) WRA must issue a notice to the person of its decision on the application; and if WRA grants the application, the notice must specify the longer period and the taxable disposals in relation to which the longer period is to be applied.\n(7) WRA may vary or withdraw the notice by issuing a further notice to the person.\n(8) In this section, a “landfill invoice” means an invoice which—\n(a) is issued in respect of a taxable disposal, and\n(b) contains the information specified in Schedule 3.\n(9) Regulations may amend Schedule 3.\n\nPayment, recovery and repayment of tax\n\n42 Payment of tax\n(1) A person who makes a tax return must pay the amount of tax stated in the return as the amount assessed to be chargeable on the person on or before the filing date for the return.\n(1A) But if an amount of tax credit is set off against that amount of tax in accordance with regulations made under section 54, the amount of tax that the person is required to pay by that date is the amount that remains outstanding after the set-off (if any).\n(2) Where an amount of tax is assessed to be chargeable on the person as a result of an amendment made to the tax return under section 41 of TCMA (amendment of tax return by taxpayer), the person must pay the amount—\n(a) if the amendment is made on or before the filing date for the return, on or before the filing date, or\n(b) if the amendment is made after the filing date for the return, on the day that the person gives notice of the amendment to WRA.\n(3) See the following provisions of TCMA for provision about the payment of amounts of tax in other circumstances—\n  * section 42(4A) (amount payable as a result of a correction made to a tax return by WRA);\n  * section 45(4) (amount payable as a result of an amendment made to a tax return during an enquiry);\n  * section 50(4) (amount payable as a result of an amendment made to a tax return on the completion of an enquiry);\n  * section 52(5) (amount payable in accordance with a WRA determination);\n  * section 61(2) (amount payable in accordance with a WRA assessment).\n\n43 Duty to maintain landfill disposals tax summary\n(1) A person who carries out taxable operations must keep a record (a “landfill disposals tax summary”) of—\n(a) the amount of tax chargeable on the person, ...\n(aa) the amount of tax credit claimed by the person, and\n(b) the tax paid by the person,\nin respect of each accounting period.\n(2) WRA may specify—\n(a) the form in which the landfill disposals tax summary must be kept, and\n(b) the information that must be contained in it.\n(3) The landfill disposals tax summary is to be treated for the purposes of TCMA as being a record required to be kept and preserved under section 38(1) of TCMA for the purpose of demonstrating that the tax return that the person is required to make in respect of the accounting period is correct and complete.\n\n44 Postponement of recovery\n(1) Section 181B of TCMA (postponement requests) (inserted by paragraph 63 of Schedule 23 to LTTA) is amended as follows.\n(2) In subsection (3)—\n(a) omit the “and” after paragraph (a), and\n(b) at the end of paragraph (b) insert “, and\n(c) where the request relates to an amount of landfill disposals tax, the reasons why the person making the request thinks that recovery of the amount (and interest on that amount) would cause the person financial hardship.”\n(3) In subsection (4)—\n(a) the words from “thinks that” to “excessive,” become paragraph (a), and\n(b) after that paragraph insert “and\n(b) where the request relates to an amount of landfill disposals tax, has reason to believe that recovery of the amount (and interest on that amount) would cause the person financial hardship,”.\n(4) In subsection (5)—\n(a) the words from “thinks that” to “excessive” become paragraph (a), and\n(b) for the words from “it may grant” to the end substitute “, or\n(b) where the request relates to an amount of landfill disposals tax, has reason to believe that it is only in respect of part of the amount (and interest on that part) that recovery would cause the person financial hardship,\nWRA may grant the request in respect of such part of the amount as it thinks appropriate. ”\n\n45 No requirement to discharge or repay tax unless all tax paid\nIn section 67 of TCMA (cases in which WRA need not give effect to a claim), after subsection (11) insert—\n“(12)Case 8 is where—\n(a) the claim is made in respect of an amount of landfill disposals tax, and\n(b) an amount of landfill disposals tax that the claimant is required to pay has not been paid.”\n\nPART 4 TAXABLE DISPOSALS MADE AT PLACES OTHER THAN AUTHORISED LANDFILL SITES\n\nCHAPTER 1TAX CHARGEABLE ON TAXABLE DISPOSALS\n\n46 Calculation of tax chargeable on taxable disposal\n(1) This section applies to a taxable disposal of material made at a place that is not, and does not form part of, an authorised landfill site.\n(2) The amount of tax chargeable on the disposal is to be calculated by multiplying the taxable weight of the material in tonnes by the unauthorised disposals rate.\n(3) The taxable weight of the material is the weight of the material determined by WRA using any method it thinks appropriate.\n(4) The unauthorised disposals rate is the rate per tonne prescribed for the purposes of subsection (2) in regulations.\n(5) Regulations under subsection (4) may prescribe different rates for different descriptions of material.\n\nCHAPTER 2PROCEDURE FOR CHARGING TAX\n\n47 The charging condition\n(1) For the purposes of this Chapter, a person meets the charging condition in respect of a taxable disposal if the person—\n(a) made the disposal, or\n(b) knowingly caused or knowingly permitted the disposal to be made.\n(2) For the purposes of subsection (1)(b)—\n(a) a person who, at the time of the disposal, controlled, or was in a position to control, a motor vehicle or trailer from which the disposal was made is to be treated as having knowingly caused the disposal to be made, and\n(b) a person who, at the time of the disposal, was the owner, lessee or occupier of the land where the disposal was made is to be treated as having knowingly permitted the disposal to be made,\nunless the person satisfies WRA or (on appeal) the tribunal that the person did not knowingly cause or knowingly permit the disposal to be made.\n(3) Regulations may make further or different provision about—\n(a) circumstances in which a person is to be treated as meeting (or not meeting) the charging condition, or\n(b) matters that are to be taken into account in determining whether a person meets (or does not meet) that condition.\n(4) The regulations may amend any enactment relating to the tax.\n\n48 Power to issue preliminary notice\n(1) WRA may issue a preliminary notice to a person if it appears to WRA that—\n(a) a taxable disposal has been made at a place that is not, and does not form part of, an authorised landfill site, and\n(b) the person meets the charging condition in respect of the disposal (see section 47).\n(2) A preliminary notice must—\n(a) identify the land where the taxable disposal appears to have been made;\n(b) describe the circumstances of the disposal and the nature of the material disposed of, so far as they are known to WRA;\n(c) state when the disposal appears to have been made, and if WRA has estimated when the disposal was made, explain how WRA has made the estimate;\n(d) explain why WRA thinks that the person to whom the notice is issued meets the charging condition in respect of the disposal;\n(e) state the amount of the proposed charge to tax on the disposal;\n(f) explain how that amount has been calculated, including the method used by WRA to determine the taxable weight of the material disposed of.\n(3) A preliminary notice must also inform the person to whom it is issued—\n(a) that a notice will be issued under section 49 after the end of 45 days beginning with the day on which the preliminary notice is issued,\n(b) that the person may request that WRA extend that period, and\n(c) that the person may make written representations to WRA at any time before a notice is issued under section 49.\n(4) A single preliminary notice may relate to more than one taxable disposal or to an unascertained number of taxable disposals.\n(5) WRA may not issue a preliminary notice more than 4 years after WRA becomes aware of any taxable disposal to which the notice relates.\n(6) Nor may WRA issue a preliminary notice more than 20 years after the time when it appears to WRA that any taxable disposal to which the notice relates was made.\n\n49 Power to issue charging notice after issuing preliminary notice\n(1) This section applies where—\n(a) WRA has issued a preliminary notice to a person under section 48, and\n(b) the period of 45 days beginning with the day on which the notice was issued, or any longer period agreed by WRA, has ended.\n(2) WRA must either—\n(a) issue a charging notice to the person in respect of any of the disposals to which the preliminary notice relates, or\n(b) issue a notice to the person stating that it does not intend to issue a charging notice to the person in respect of those disposals.\n(3) WRA may issue a charging notice to a person only if satisfied that—\n(a) a taxable disposal has been made at a place that is not, and does not form part of, an authorised landfill site, and\n(b) the person meets the charging condition in respect of the disposal.\n(4) In deciding whether to issue a charging notice to a person, WRA must have regard to any written representations made by the person.\n(5) A charging notice must—\n(a) give details of the taxable disposal or disposals to which the notice relates;\n(b) explain why WRA is satisfied that the person to whom the notice is issued meets the charging condition in respect of the disposal or disposals;\n(c) state the amount of the charge to tax on the disposal or disposals;\n(d) explain how that amount has been calculated, including the method used by WRA to determine the taxable weight of the material disposed of;\n(e) inform the person of the rights to request a review and to appeal against the notice under Part 8 of TCMA.\n\n50 Power to issue charging notice without issuing preliminary notice\n(1) This section applies where WRA—\n(a) is satisfied that a person meets the charging condition in respect of a taxable disposal made at a place that is not, and does not form part of, an authorised landfill site, and\n(b) thinks that there is likely to be a loss of tax if it proceeds under sections 48 and 49.\n(2) WRA may issue a charging notice to the person without first issuing a preliminary notice.\n(3) A charging notice issued under this section must include—\n(a) the information specified in section 49(5), and\n(b) WRA's reasons for issuing the notice without first issuing a preliminary notice.\n(4) WRA may not issue a charging notice under this section more than 4 years after WRA becomes aware of any taxable disposal to which the notice relates.\n(5) Nor may WRA issue a charging notice under this section more than 20 years after the time when it appears to WRA that any taxable disposal to which the notice relates was made.\n\n51 Payment of tax\n(1) A person to whom a charging notice is issued must pay the amount of tax charged by the notice.\n(2) The tax must be paid before the end of the period of 30 days beginning with the day on which the notice is issued.\n(3) If charging notices are issued to more than one person in respect of the same taxable disposal, all of those persons are jointly and severally liable for the amount of tax charged on the disposal.\n\n52 Power to make further provision\n(1) Regulations may make further or different provision about—\n(a) the procedures for issuing preliminary notices and charging notices;\n(b) the payment of an amount of tax charged by a charging notice;\n(c) any other matters relating to or arising from the charging or payment of an amount of tax under this Chapter.\n(2) The regulations may amend or apply (with or without modifications) any enactment relating to the tax.\n\n53 Late payment interest\n(1) Section 157 of TCMA (late payment interest on devolved taxes) (substituted by paragraph 58 of Schedule 23 to LTTA) is amended as follows.\n(2) After subsection (1) insert—\n“(1A)This section also applies to an amount of landfill disposals tax charged by a charging notice issued under section 49 or 50 of LDTA.”\n(3) In subsection (3), after paragraph (b) insert—\n“(c)in the case of an amount falling within subsection (1A), the date immediately after the end of the period specified in section 51 of LDTA.”\n\nPART 5 SUPPLEMENTARY PROVISION\n\nCHAPTER 1CHAPTER 1\n\n54 Power to make provision for tax credits\n(1) Regulations may make provision for circumstances in which a person is to be entitled to a tax credit in respect of the tax.\n(2) The regulations may (among other things) make provision—\n(a) about conditions to which entitlement to a credit is to be subject;\n(b) about the amount of a credit;\n(c) about the way in which a person entitled to a credit is to benefit from it (for example, provision for deductions to be made from the tax that would otherwise be chargeable on a person, and for payments to be made to a person, in circumstances prescribed in the regulations);\n(d) about the procedure for claiming a credit (for example, provision about information to be provided by a claimant in support of a claim);\n(e) about conditions to which any benefit in respect of a credit is to be, or may be, made subject (for example, conditions requiring payments or repayments to be made to WRA in circumstances prescribed in the regulations);\n(f) about circumstances in which WRA may withhold a credit;\n(g) permitting WRA to require the provision of information and documents, and to inspect premises, either in connection with a requirement imposed under the regulations, or otherwise for the purpose of checking a person's position as respects entitlement to a credit, or as respects a requirement to make a repayment to WRA under the regulations;\n(h) about duties to keep and preserve records;\n(i) for penalties in respect of failures to comply with requirements imposed by or under the regulations;\n(j) about reviews and appeals.\n(3) The regulations may amend or apply (with or without modifications) any enactment relating to the tax.\n\nCHAPTER 2NON-DISPOSAL AREAS\n\n55 Designation of non-disposal area\n(1) WRA may designate a part of an authorised landfill site in Wales as a non-disposal area by issuing a notice to the operator of the site.\n(2) A notice designating a non-disposal area must specify—\n(a) the authorised landfill site to which it relates,\n(b) the boundaries of the area that it designates, and\n(c) the date on which the designation of the area takes effect.\n(3) The notice—\n(a) must specify the descriptions of material that must be deposited in the non-disposal area,\n(b) may specify descriptions of material that must not be deposited in the area,\n(c) must require the weight of any material that is deposited in or removed from the area to be determined using a method specified in the notice,\n(d) may specify a maximum amount of material that may be kept in the area,\n(e) must specify the landfill site activities that may be carried out in the area, and\n(f) must specify the maximum period for which material may be kept in the area.\n(4) The provision made by the notice under subsection (3) may include—\n(a) provision that is subject to conditions or exceptions, and\n(b) different provision for different cases (including different descriptions of material).\n(5) WRA may vary or cancel a designation under this section by issuing a further notice to the operator of the site.\n(6) A notice varying or cancelling a designation—\n(a) must set out the details of the variation or cancellation,\n(b) must specify the date on which it takes effect, and\n(c) may specify steps that the operator is required or permitted to take in connection with the variation or cancellation.\n(7) WRA may make, vary or cancel a designation under this section—\n(a) on the application of the operator of the authorised landfill site to which the designation relates, or\n(b) on its own initiative.\n(8) An application for a designation, variation or cancellation must be made in writing.\n(9) If WRA refuses an application, it must issue a notice of its decision to the operator of the authorised landfill site.\n(10) Regulations may amend this section to make further or different provision about the contents of a notice issued under this section.\n\n56 Duties of operator in relation to non-disposal area\n(1) Where—\n(a) a notice is in force designating a part of an authorised landfill site as a non-disposal area, and\n(b) there is material at the site which is of a description specified in the notice as material which must, or must not, be deposited in the area,\nthe operator of the site must ensure that the material is dealt with in accordance with the provisions of the notice.\n(2) Subsection (1) ceases to apply in relation to material if a taxable disposal of the material is made outside the non-disposal area.\n(3) Subsection (1) does not apply in relation to material if—\n(a) a taxable disposal of the material is going to be made immediately after it is produced at or brought onto the authorised landfill site, or\n(b) the material is in transit between places outside the site and is going to be removed from the site immediately.\n(4) Nor does that subsection apply if—\n(a) WRA agrees in a particular case that material may be dealt with otherwise than in accordance with the provisions of the notice designating the non-disposal area, and\n(b) the material is dealt with in accordance with the agreement.\n(5) An agreement given by WRA under subsection (4)(a)—\n(a) may be unconditional or subject to conditions;\n(b) may provide that anything done in relation to material identified in the agreement is to be treated as having been done in relation to other material of the same description at the authorised landfill site;\n(c) may relate to things done before the agreement is given if WRA is satisfied that the operator of the site could not reasonably have been expected to obtain its agreement before they were done.\n(6) See section 8(3)(g) for provision which treats a taxable disposal as being made if material is kept in a non-disposal area beyond the end of the maximum period specified in the notice designating the area, unless the material is dealt with in accordance with an agreement under subsection (4)(a).\n(7) Regulations may amend this section to make further or different provision about circumstances in which subsection (1) does not apply (or ceases to apply).\n\n57 Duties to keep and preserve records\n(1) Where part of an authorised landfill site has been designated as a non-disposal area, the operator of the site must keep records relating to material that is deposited in the area.\n(2) The records must be sufficient to enable WRA to determine whether the operator is complying, or has complied, with section 56 in relation to the material.\n(3) WRA may specify—\n(a) the form in which the records must be kept, and\n(b) the information that must be contained in them.\n(4) The operator must preserve the records until the end of the period of 6 years beginning with the date on which the material is removed from the non-disposal area, or ceases to be material of a description that must be deposited in the area, whichever is earlier.\n(5) But an agreement given under section 56(4)(a) in relation to material may require the operator to preserve the records relating to the material until the end of a period of 6 years beginning with a different date (whether earlier or later) from the one specified in subsection (4).\n(6) See Chapter 2 of Part 3 of TCMA for other duties to keep and preserve records which apply where a taxable disposal is treated as being made by virtue of section 8(3)(g).\n\n58 Reviews and appeals relating to designation of non-disposal areas\nIn section 172 of TCMA (appealable decisions), in subsection (2), after paragraph (i) (inserted by section 38 of this Act) insert—\n“(j)a decision relating to the designation of a non-disposal area for the purposes of landfill disposals tax;”.\n\nCHAPTER 3INVESTIGATION AND INFORMATION\n\n59 Powers of inspection\n(1) After section 103 of TCMA (power of WRA to inspect business premises) insert—\n\n“103AFurther power to inspect business premises: landfill disposals tax\n(1) If WRA has grounds for believing that the following conditions are met, WRA may enter a person's business premises and inspect—\n(a) the premises;\n(b) business assets that are on the premises;\n(c) relevant business documents that are on the premises (but see section 110).\n(2) The first condition is that the person is or has been involved in any capacity with a disposal of material that is or may be a taxable disposal.\n(3) The second condition is that the inspection of the premises is required for the purpose of checking the position of another person as regards landfill disposals tax in respect of the disposal concerned.\n(4) Subsections (2) to (7) of section 103 apply in respect of an inspection under this section as they apply in respect of an inspection under section 103(1).\n(5) In this section, “relevant business documents” means business documents that relate to matters relevant to the position of a person as regards landfill disposals tax.\n(6) The circumstances in which WRA is to be treated as having grounds for believing that the first condition is met include (for example) circumstances where WRA has grounds for believing that the person⁠—\n(a) is, or has been, involved in any capacity with receiving, transporting or supplying any material for purposes connected with or preparatory to a disposal of material that is or may be a taxable disposal, or\n(b) is, or has been, involved in any capacity in subjecting any material to any procedure or use, or otherwise in dealing with or making arrangements in respect of any material, for purposes connected with or preparatory to a disposal of material that is or may be a taxable disposal.\n(7) An inspection of premises is not to be carried out under this section if WRA has the power to carry out the inspection under section 103B.\n(8) In this section—\n(a) references to a disposal of material include the carrying out of a specified landfill site activity in relation to material;\n(b)“material”, “specified landfill site activity” and “taxable disposal” have the same meanings as in LDTA.\n\n103BFurther power to inspect premises: taxable disposals made at places other than authorised landfill sites\n(1) This section applies if WRA has grounds for believing—\n(a) that a disposal of material that is or may be a taxable disposal has been made at a place that is not, and does not form part of, an authorised landfill site, and\n(b) that the inspection of premises within subsection (3) is required for one or more of the purposes listed in subsection (4).\n(2) WRA may enter the premises and inspect—\n(a) the premises, and\n(b) anything on the premises (including documents).\n(3) Premises are within this subsection if WRA has reason to believe that⁠—\n(a) the disposal was made at them, or\n(b) the occupier of the premises meets, or may meet, the charging condition in respect of the disposal.\n(4) The purposes are—\n(a) determining whether the disposal was made at the premises;\n(b) identifying the nature or origin of the material disposed of;\n(c) identifying the date on which the disposal was made;\n(d) determining whether the disposal is a taxable disposal;\n(e) determining the weight of the material disposed of;\n(f) determining the amount of any proposed charge to tax under LDTA on the disposal;\n(g) identifying a person who meets, or may meet, the charging condition in respect of the disposal.\n(5) Subsections (2) to (7) of section 103 apply in respect of an inspection under this section as they apply in respect of an inspection under section 103(1).\n(6) In this section—\n(a)“authorised landfill site”, “material” and “taxable disposal” have the same meanings as in LDTA;\n(b) references to a person meeting the charging condition have the same meaning as in Chapter 2 of Part 4 of LDTA.”\n(2) In section 103 of TCMA, after subsection (7) insert—\n“(8)An inspection of premises is not to be carried out under this section if WRA has the power to carry out the inspection under section 103B.”\n\n60 Disclosure of information to WRA\n(1) A person within subsection (2) may disclose information to WRA for the purpose of assisting it in the collection and management of the tax.\n(2) The persons are—\n(a) a county council or county borough council in Wales;\n(b) the Natural Resources Body for Wales.\n(3) A disclosure under this section does not breach—\n(a) any obligation of confidence owed by the person making the disclosure, or\n(b) any other restriction on the disclosure of information (however imposed).\n(4) But nothing in this section authorises a disclosure which—\n(a) contravenes the data protection legislation, or\n(b) is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 (c. 25).\n(5) Until the repeal of Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23) by paragraphs 45 and 54 of Schedule 10 to the Investigatory Powers Act 2016 (c. 25) is fully in force, subsection (4)(b) has effect as if it included a reference to that Part.\n(6) Nothing in this section affects any power of any person to disclose information that exists apart from this section.\n(7) Regulations may amend subsection (2) to add, modify or remove a reference to a person or to a description of persons.\n(8) In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).\n\nCHAPTER 4PENALTIES UNDER THIS ACT\n\nPenalties relating to calculation of taxable weight of material\n\n61 Penalty for failure to determine weight properly\nAn operator of an authorised landfill site who fails to determine the weight of the material in a taxable disposal in accordance with section 20 is liable to a penalty not exceeding £500 in respect of each taxable disposal to which the failure relates.\n\n62 Penalty for applying water discount incorrectly\nWhere the operator of an authorised landfill site, in calculating the taxable weight of the material in a taxable disposal—\n(a) applies a discount without having approval under section 21 to do so, or\n(b) applies a discount which is greater than the discount approved under section 21,\nthe operator is liable to a penalty not exceeding £500 in respect of each taxable disposal to which a discount is applied in either of those ways.\n\n63 Assessment of penalties under sections 61 and 62\n(1) Where the operator of an authorised landfill site becomes liable to a penalty under section 61 or 62, WRA must—\n(a) assess the penalty, and\n(b) issue a notice to the person of the penalty assessed.\n(2) An assessment of a penalty under section 61 or 62 may be combined with an assessment to tax.\n(3) An assessment of a penalty under section 61 or 62 must be made within the period of 12 months beginning with the day on which WRA first believed that the operator was liable to the penalty.\n\nPenalties relating to registration\n\n64 Penalties for carrying out taxable operations without being registered\n(1) A person who carries out taxable operations in breach of section 35(1) (duty to be registered) is liable to a penalty of £300.\n(2) If a person continues to carry out taxable operations in breach of section 35(1) after the end of the initial penalty period, the person is liable to a further penalty or penalties not exceeding £60 for each day on which the person continues to do so.\n(3) The initial penalty period is the period of 10 days beginning with the day on which a notice of the penalty under subsection (1) is issued to the person.\n(4) In calculating the initial penalty period, no account is to be taken of any day on which a decision relating to the penalty under subsection (1) is the subject of—\n(a) a review for which a notice of the conclusions has not yet been issued, or\n(b) an appeal which has not yet been finally determined or withdrawn.\n\n65 Reasonable excuse for non-compliance\n(1) If a person who carries out taxable operations in breach of section 35(1) satisfies WRA or (on appeal) the tribunal that there is a reasonable excuse for the breach, the person is not liable to a penalty under section 64 in respect of it.\n(2) For the purposes of this section—\n(a) where a person relies on another person to do anything, that is not a reasonable excuse unless the first person took reasonable care to avoid the breach;\n(b) where a person had a reasonable excuse for a breach but the excuse has ceased, the person is to be treated as having continued to have the excuse if the breach is remedied without unreasonable delay after the excuse ceased.\n\n66 Penalty for failure to comply with other requirements relating to registration\n(1) A person is liable to a penalty not exceeding £300 if the person fails to comply with a requirement imposed by any of the following provisions—\n(a) section 35(2) (application to be registered);\n(b) section 36(1) to (4) (notice of change or inaccuracy);\n(c) section 37(1) or (2) (application for cancellation of registration).\n(2) But a person is not liable to a penalty under this section in respect of a failure to make an application or give a notice within a limited period of time if the person does so within a further period of time allowed by WRA.\n\n67 Assessment of penalties under sections 64 and 66\n(1) Where a person becomes liable to a penalty under section 64 or 66, WRA must—\n(a) assess the penalty, and\n(b) issue a notice to the person of the penalty assessed.\n(2) An assessment of a penalty under section 64(1) or 66 must be made within the period of 12 months beginning with the day on which WRA first believed that the person was liable to the penalty.\n(3) An assessment of a penalty under section 64(2) must be made within the period of 12 months beginning with the day to which the penalty relates.\n\nPenalties relating to non-disposal areas\n\n68 Penalties relating to non-disposal areas\n(1) A person who fails to comply with a requirement imposed by or under section 56 or 57 is liable to a penalty not exceeding £3,000.\n(2) But a person is not liable to a penalty under this section in respect of a failure to keep or preserve records if WRA is satisfied that any facts that it reasonably requires to be proved, and which would have been proved by the records, are proved by other documentary evidence provided to it.\n\n69 Assessment of penalties under section 68\n(1) Where a person becomes liable to a penalty under section 68, WRA must—\n(a) assess the penalty, and\n(b) issue a notice to the person of the penalty assessed.\n(2) An assessment of a penalty under section 68 may be combined with an assessment to tax.\n(3) An assessment of a penalty under section 68 must be made within the period of 12 months beginning with the day on which WRA first believed that the person was liable to the penalty.\n\nGeneral\n\n70 Payment of penalties\nA penalty under this Chapter must be paid before the end of the period of 30 days beginning with the day on which the notice of the penalty is issued (but see section 182 of TCMA (payment of penalties in the event of a review or appeal)).\n\n71 Double jeopardy\nA person is not liable to a penalty under this Chapter in respect of anything if the person has been convicted of an offence in relation to it.\n\n72 Liability of personal representatives\n(1) If a person liable to a penalty under this Chapter (“P”) has died, any penalty that could have been assessed on P may be assessed on the personal representatives of P.\n(2) A penalty assessed in accordance with subsection (1) is to be paid out of P's estate.\n\n73 Power to make regulations about penalties\n(1) Regulations may make further or different provision about—\n(a) the amounts of penalties under this Chapter, and\n(b) the procedure for assessing penalties under this Chapter.\n(2) The regulations may amend this Act.\n\nCHAPTER 5ADDITIONAL PENALTIES UNDER THE TAX COLLECTION AND MANAGEMENT (WALES) ACT 2016\n\n74 Penalties for multiple failures to make tax returns\nAfter section 118 of TCMA (penalty for failure to make tax return on or before filing date) insert—\n\n“118APenalties for multiple failures to make tax returns in respect of landfill disposals tax\n(1) Where a person becomes liable to a penalty under section 118 in respect of a tax return that the person is required to make under section 39 of LDTA, a penalty period—\n(a) begins with the day after the filing date for the tax return, and\n(b) ends 12 months later, unless extended under subsection (2)(b).\n(2) If, before the end of the penalty period, the person is required to make another tax return under section 39 of LDTA (“tax return B”) but fails to do so on or before the filing date for tax return B—\n(a) the person is not liable to a penalty under section 118 in respect of that failure but is liable to a penalty under this section instead, and\n(b) the penalty period is extended so that it ends 12 months after the filing date for tax return B.\n(3) The amount of the penalty to which a person is liable under this section is determined by reference to the number of tax returns that the person—\n(a) has been required to make under section 39 of LDTA during the penalty period, but\n(b) has failed to make on or before the filing dates for those returns.\n(4) If the failure to make tax return B on or before the filing date is the person's first failure during the penalty period, P is liable to a penalty of £200 in respect of that failure.\n(5) If the failure to make tax return B on or before the filing date is the person's second failure during the penalty period, P is liable to a penalty of £300 in respect of that failure.\n(6) If the failure to make tax return B on or before the filing date is the person's third or subsequent failure during the penalty period, P is liable to a penalty of £400 in respect of that failure.\n(7) A penalty period may be extended more than once under subsection (2)(b).”\n\n75 Penalty for failure to pay tax on time\nIn section 122 of TCMA (penalty for failure to pay tax on time) (substituted by paragraph 42 of Schedule 23 to LTTA), for subsection (2) substitute—\n“(2)The penalty—\n(a) in respect of an amount of land transaction tax, is 5% of the amount of unpaid tax;\n(b) in respect of an amount of landfill disposals tax, is 1% of the amount of unpaid tax.”\n\n76 Penalties for multiple failures to pay tax on time\nAfter section 122 of TCMA (penalty for failure to pay tax on time) (substituted by paragraph 42 of Schedule 23 to LTTA) insert—\n\n“122ZAPenalty for multiple failures to pay landfill disposals tax on time\n(1) Where a person becomes liable to a penalty under section 122 in respect of a failure to pay an amount of landfill disposals tax on or before the penalty date, a penalty period—\n(a) begins with the day after the penalty date, and\n(b) ends 12 months later, unless extended under subsection (2)(b).\n(2) If, before the end of the penalty period, the person fails to pay another amount of landfill disposals tax (“amount B”) on or before the penalty date for that amount—\n(a) the person is not liable to a penalty under section 122(1) in respect of that failure but is liable to a penalty under this section instead, and\n(b) the penalty period is extended so that it ends 12 months after the penalty date for amount B.\n(3) The amount of the penalty to which a person is liable under this section is determined by reference to—\n(a) amount B, and\n(b) the number of times during the penalty period on which the person has failed to pay an amount of landfill disposals tax on or before the penalty date for that amount.\n(4) If the failure is the person's first failure during the penalty period, the person is liable to a penalty of 2% of amount B in respect of that failure.\n(5) If the failure is the person's second failure during the penalty period, the person is liable to a penalty of 3% of amount B in respect of that failure.\n(6) If the failure is the person's third or subsequent failure during the penalty period, the person is liable to a penalty of 4% of amount B in respect of that failure.\n(7) A penalty period may be extended more than once under subsection (2)(b).”\n\nCHAPTER 6SPECIAL CASES\n\nCorporate groups\n\n77 Designation of group of companies\n(1) WRA may designate two or more bodies corporate as a group for the purposes of the tax.\n(2) A designation is made by issuing a notice to each member of the group.\n(3) The notice must specify—\n(a) the bodies corporate that are members of the group;\n(b) the member of the group that is the representative member;\n(c) the date on which the designation takes effect.\n(4) The effects of designating a group are that—\n(a) the representative member of the group is to be treated for the purposes of the tax as the operator of each authorised landfill site of which a member of the group is the operator;\n(b) accordingly, a relevant amount that a body corporate would otherwise be required to pay as a result of anything done or omitted to be done while it is a member of the group must instead be paid by the representative member;\n(c) all of the following are jointly and severally liable for any of the relevant amount that remains unpaid after the date by which the representative member was required to pay it—\n(i) each body corporate that was a member of the group at the time of the act or omission that gave rise to the requirement to pay the amount, and\n(ii) any other body corporate that was a member of the group on the date by which the representative member was required to pay the amount.\n(5) WRA may designate a group of bodies corporate only on the application of one or more of those bodies.\n(6) An application to designate a group must be made in writing; and the body or bodies making the application must satisfy WRA that it is made with the agreement of every other proposed member of the group.\n(7) If WRA refuses an application to designate a group, it must issue a notice of its decision to the body or bodies that made the application.\n(8) In this section, “relevant amount” means—\n(a) an amount of tax;\n(b) a penalty under an enactment relating to the tax;\n(ba) an amount payable in respect of a tax credit;\n(c) interest on an amount within paragraph (a), (b) or (ba).\n\n78 Conditions for designation as member of group\n(1) A body corporate may be designated as a member of a group only if—\n(a) it carries out taxable operations or intends to do so, and\n(b) it is under the same control as every other member of the group.\n(2) Two or more bodies corporate are under the same control if—\n(a) one of them controls all of the others,\n(b) one body corporate or individual controls all of them, or\n(c) two or more individuals carrying on business in partnership control all of them.\n(3) For the purposes of subsection (2)—\n(a) one body corporate (“A”) controls another body corporate (“B”) if—\n(i) A is empowered by or under an enactment to control B's activities, or\n(ii) A is B's holding company;\n(b) an individual or individuals control a body corporate if they would, if they were a company, be the body's holding company.\n(4) In subsection (3), “holding company” has the meaning given by section 1159 of, and Schedule 6 to, the Companies Act 2006 (c. 46).\n\n79 Variation or cancellation of designation\n(1) Where two or more bodies corporate have been designated as a group, WRA may—\n(a) vary the designation of the group by—\n(i) adding or removing a member;\n(ii) changing the representative member;\n(b) cancel the designation of the group.\n(2) But WRA must—\n(a) vary the designation of a group by removing a member if it is satisfied that the member does not meet the conditions in section 78(1);\n(b) cancel the designation of the group if it is satisfied that the group does not have two or more members that meet those conditions.\n(3) The variation or cancellation of a designation is made by issuing a notice to each member of the group (including, in the case of a variation to add or remove a member, each member that is added or removed).\n(4) The notice must—\n(a) set out the details of the variation or cancellation, and\n(b) specify the date on which it takes effect.\n(5) WRA may vary or cancel the designation of a group—\n(a) on an application made in writing under this section, or\n(b) on its own initiative.\n(6) An application to vary or cancel the designation of a group may be made by the representative member of the group; but the representative member must satisfy WRA that the application is made with the agreement of every other member of the group (including, in the case of an application to vary the designation by adding a member, the member that would be added if the variation were made).\n(7) An application to vary the designation of a group by removing a member may also be made by the member that wishes to be removed; in which case that member must satisfy WRA that every other member of the group has been notified of the application.\n(8) If WRA refuses an application to vary or cancel a designation, it must issue a notice of its decision to the body corporate that made the application.\n\n80 Reviews and appeals relating to designation of groups of companies\nIn section 172 of TCMA (appealable decisions), in subsection (2), after paragraph (j) (inserted by section 58 of this Act) insert—\n“(k)a decision relating to the designation of a group of bodies corporate for the purposes of landfill disposals tax.”\n\n81 Power to make further provision about designation of groups of companies\n(1) Regulations may add to, repeal or otherwise amend any provision made by an enactment relating to the tax about the designation of groups of bodies corporate.\n(2) The regulations may (among other things) make provision about the bodies corporate that may be designated as members of a group and about the effects of designation.\n\nPartnerships and unincorporated bodies\n\n82 Registration of partnerships and unincorporated bodies and changes in membership\n(1) This section applies where two or more persons carry on a landfill business in partnership or as an unincorporated body.\n(2) WRA may register the persons in their own names or in the name of the partnership or body.\n(3) Where the persons are registered in the name of the partnership or body and its membership changes, the persons who are members after the change continue to be registered in that name if at least one of them was a member before the change.\n(4) A person who ceases to be a member of a partnership or unincorporated body is to be treated as continuing to be a member until the date on which notice of the change in membership is given to WRA under section 36.\n(5) Subsection (4) applies for the purposes of any enactment relating to the tax, but is subject to section 36(3) of the Partnership Act 1890 (c. 39) (liability of estate on death or bankruptcy).\n\n83 Duties and liabilities of partnerships and unincorporated bodies\n(1) Where anything is required or permitted to be done under an enactment relating to the tax by or in relation to persons carrying on business in partnership, it must be done by or in relation to every person who is a partner at the time when it is done or required to be done.\n(2) But anything that is required or permitted to be done by every partner may instead be done by any of them; and if the partnership's principal place of business is in Scotland, it may also be done by any other person authorised by the partnership.\n(3) Where anything is required or permitted to be done under an enactment relating to the tax by or in relation to persons carrying on business as an unincorporated body, it must be done by or in relation to every person who is a managing member of the body at the time when it is done or required to be done.\n(4) But anything that is required or permitted to be done by every managing member of the body may instead be done by any of them.\n(5) The managing members of an unincorporated body are—\n(a) each member of the unincorporated body holding office as president, chairman, treasurer, secretary or any similar office;\n(b) if there is no such office, each member holding office as a member of a committee by which the affairs of the body are managed;\n(c) if there is no such office or committee, each member of the body.\n(6) A liability to pay a relevant amount as a result of anything done or omitted to be done by persons carrying on business in partnership or as an unincorporated body is a joint and several liability of every person who is a member of the partnership or body at the time when the thing is done or omitted to be done.\n(7) But where—\n(a) persons carry on a landfill business in partnership or as an unincorporated body, and\n(b) a person is a member of the partnership or body for only part of an accounting period,\nthe person's personal liability for tax chargeable in respect of the accounting period is the proportion of the liability relating to the business of the partnership or body that is just and reasonable in the circumstances.\n(8) In this section, “relevant amount” means—\n(a) an amount of tax;\n(b) a penalty under an enactment relating to the tax;\n(ba) an amount payable in respect of a tax credit;\n(c) interest on an amount within paragraph (a), (b) or (ba).\n\n84 Power to make further provision about partnerships and unincorporated bodies\nRegulations may add to, repeal or otherwise amend any provision made by an enactment relating to the tax about cases where persons carry on business in partnership or as an unincorporated body.\n\nChange in persons carrying on landfill business\n\n85 Death, incapacity and insolvency\n(1) This section applies where a person (“A”) carries on a landfill business of another person (“B”) who has died, become incapacitated or become subject to an insolvency procedure.\n(2) A must give WRA notice of—\n(a) the fact that A is carrying on the landfill business, and\n(b) the nature and date of the event that has led to A carrying it on.\n(3) The notice must be given before the end of the period of 30 days beginning with the day on which A began to carry on the landfill business.\n(4) WRA may treat A as if A were B for the purposes of the tax, with effect from the time when A began to carry on the landfill business; and WRA may do so whether or not A has given notice under subsection (2).\n(5) WRA must issue a notice to A (and, if appropriate, to B) of a decision to treat A as B.\n(6) If WRA treats A in that way, A is not required to be registered, or to apply for registration, by virtue of that treatment.\n(7) If—\n(a) B ceases to be incapacitated or subject to an insolvency procedure, or\n(b) A ceases to carry on the landfill business of B,\nA must give WRA notice of the cessation and the date on which it occurred.\n(8) The notice must be given before the end of the period of 30 days beginning with that date.\n(9) WRA must cease to treat A as B if—\n(a) WRA is satisfied that either of the conditions in subsection (7) is met (whether or not A has given notice under that subsection), or\n(b) WRA cancels the registration of B.\n(10) WRA must issue a notice to A (and, if appropriate, to B) of a decision to cease to treat A as B.\n(11) For the purposes of this section, a person becomes subject to an insolvency procedure if—\n(a) the person is made bankrupt;\n(b) a company voluntary arrangement takes effect in relation to the person under Part 1 of the Insolvency Act 1986 (c. 45);\n(c) the person enters administration or goes into liquidation or receivership;\n(d) any corresponding event occurs which has effect under or as a result of the law of Scotland or Northern Ireland or a country or territory outside the United Kingdom.\n\n86 Power to make further provision about death, incapacity and insolvency\n(1) Regulations may add to, repeal or otherwise amend any provision made by an enactment relating to the tax about cases where a person who has carried on a landfill business dies, becomes incapacitated or becomes subject to an insolvency procedure.\n(2) The regulations may (among other things) make provision—\n(a) about the circumstances in which a person becomes, or ceases to be, incapacitated or subject to an insolvency procedure;\n(b) about duties, liabilities and entitlements relating to the tax where a person has died, become incapacitated or become subject to an insolvency procedure;\n(c) which applies whether or not anyone else carries on a person's landfill business after the person dies, becomes incapacitated or becomes subject to an insolvency procedure.\n\n87 Power to make provision about transfers of businesses as going concerns\n(1) Regulations may make provision for securing continuity in the application of any enactment relating to the tax where a landfill business is transferred from one person to another as a going concern.\n(2) The regulations may (among other things) make provision—\n(a) requiring WRA to be notified of the transfer;\n(b) for any liability or duty of the transferor relating to the tax to become a liability or duty of the transferee;\n(c) for any entitlement of the transferor to the discharge or repayment of an amount of tax, whether arising before or after the transfer, to become an entitlement of the transferee;\n(d) for anything done before the transfer by or in relation to the transferor to be treated for the purposes of the tax as having been done by or in relation to the transferee;\n(e) about duties to keep and preserve records.\n(3) The regulations may make provision that applies subject to conditions, and may in particular—\n(a) provide that the application to a transferor and transferee of any provision made under subsection (2)(b) to (e) requires the approval of WRA;\n(b) make provision about the making and determination of applications for approval.\n(4) The regulations may make provision for—\n(a) penalties in respect of failures to comply with the regulations;\n(b) reviews and appeals.\n(5) The regulations may amend or apply (with or without modifications) any enactment relating to the tax.\n\nCHAPTER 7MISCELLANEOUS\n\nFurther provision relating to the tax\n\n88 Adjustment of contracts\n(1) Where—\n(a) a taxable disposal is made at an authorised landfill site,\n(b) there is a contract relating to the taxable disposal that provides for a payment to be made, and\n(c) after the making of the contract, the tax chargeable on the taxable disposal changes as a result of an enactment relating to the tax,\nthe amount of the payment provided for under the contract is to be adjusted, unless the contract provides otherwise, to reflect the change in the tax chargeable on the taxable disposal.\n(2) For the purposes of this section, a contract relating to a taxable disposal is a contract providing for the disposal of the material contained in the taxable disposal, and it is immaterial whether the contract also provides for other matters.\n(3) The reference in subsection (1) to a change in the tax chargeable is a reference to a change⁠—\n(a) from no tax being chargeable to tax being chargeable,\n(b) from tax being chargeable to no tax being chargeable, or\n(c) in the amount of tax chargeable.\n\n89 Power to impose secondary liability on controllers of authorised landfill sites\n(1) Regulations may make provision for and in connection with requiring a controller of an authorised landfill site, or of part of such a site, to pay the tax chargeable on taxable disposals made at the site or part in question.\n(2) A controller of an authorised landfill site or of part of such a site—\n(a) is a person, other than the operator of the site, who determines, or is entitled to determine, what disposals of material may be made throughout the site or part in question, but\n(b) does not include a person who determines, or is entitled to determine, what disposals are made only because the person is an employee or agent of another person.\n(3) Regulations under this section may (among other things) make provision—\n(a) requiring WRA to be notified if a person becomes, or ceases to be, a controller of an authorised landfill site or of part of such a site;\n(b) about the circumstances in which a controller is required to pay tax;\n(c) for determining the amount of tax a controller is required to pay;\n(d) about the relationship between a requirement for a controller to pay tax and any liability of the operator of the authorised landfill site to pay tax;\n(e) about the procedure for requiring a controller to pay tax;\n(f) about when the tax must be paid;\n(g) about duties to keep and preserve records;\n(h) for penalties in respect of failures to comply with the regulations;\n(i) for reviews and appeals.\n(4) The regulations may amend or apply (with or without modifications) any enactment relating to the tax.\n\n90 Minor and consequential amendments to the Tax Collection and Management (Wales) Act 2016\nSchedule 4 makes minor and consequential amendments to TCMA.\n\n91 Welsh Ministers' exercise of powers and duties under this Act\n(1) In exercising their powers and duties under this Act, the Welsh Ministers—\n(a) must have regard to the objective of reducing landfill disposals in Wales;\n(b) may have regard to such other matters as they think appropriate.\n(2) Subsection (1) does not apply to the exercise of powers and duties under section 92.\n\nLandfill Disposals Tax Communities Scheme\n\n92 Landfill Disposals Tax Communities Scheme\n(1) The Welsh Ministers must prepare and publish a Landfill Disposals Tax Communities Scheme on or before the day on which this Act comes fully into force.\n(2) The Scheme must make provision for grants to be given by the Welsh Ministers to persons engaged in activities which the Welsh Ministers consider will promote or improve the social or environmental well-being of areas in Wales affected by—\n(a) the making of landfill disposals, or\n(b) activities preparatory to the making of landfill disposals.\n(3) The Scheme may provide for the grants—\n(a) to be allocated by reference to criteria specified in the Scheme;\n(b) to be subject to conditions specified in the Scheme or by the Welsh Ministers.\n(4) The Welsh Ministers—\n(a) must review the Scheme—\n(i) at least once in the period of 4 years beginning with the day on which it is first published, and\n(ii) subsequently, at least once in each period of 4 years beginning with the day on which the previous review is concluded, and\n(b) must consult such persons as they think appropriate when doing so.\n(5) The Welsh Ministers may revise or revoke the Scheme following a review; but the Scheme may not be revoked within the period of 4 years beginning with the day on which it is first published.\n(6) If the Scheme is revised, the Welsh Ministers must publish the revised Scheme.\n(7) The Welsh Ministers must lay the Scheme, and any revised Scheme, before the National Assembly for Wales.\n\nPART 6 FINAL PROVISIONS\n\n93 Power to make consequential and transitional etc. provision\n(1) Regulations may make—\n(a) any incidental, consequential or supplemental provision, or\n(b) any transitional, transitory or saving provision,\nthat the Welsh Ministers think appropriate for the purposes of, in connection with, or for giving full effect to, any provision contained in or made under this Act.\n(2) Regulations under this section may amend, revoke or repeal any enactment (including any enactment contained in or made under this Act).\n(3) In this section, “enactment” means an enactment (whenever enacted or made) which is, or is contained in—\n(a) an Act of Parliament,\n(b) an Act or a Measure of the National Assembly for Wales, or\n(c) subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)) made under—\n(i) an Act of Parliament, or\n(ii) an Act or a Measure of the National Assembly for Wales.\n\n94 Regulations under this Act: general\n(1) Regulations under this Act are to be made by the Welsh Ministers.\n(2) A power to make regulations under this Act—\n(a) is exercisable by statutory instrument;\n(b) includes power to make different provision for different purposes.\n(3) A statutory instrument containing only regulations within subsection (4) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.\n(4) Regulations are within this subsection if they are—\n(a) regulations made under section 16(3) (maximum percentage of non-qualifying materials to be contained in a qualifying mixture of materials),\n(b) regulations made under section 41(9) (contents of landfill invoice), or\n(c) regulations made under section 93 which meet the condition in subsection (5).\n(5) The condition is that the Welsh Ministers are satisfied that the regulations do not make any provision that may—\n(a) cause the amount of tax chargeable on a taxable disposal to be greater than the amount that would otherwise be chargeable on the disposal, or\n(b) cause tax to be chargeable where no tax would otherwise be chargeable.\n(6) Any other statutory instrument containing regulations under this Act, other than one to which section 95 applies, may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.\n\n95 Regulations changing tax rates\n(1) This section applies to a statutory instrument containing only—\n(a) the second or subsequent regulations made under—\n(i) section 14(3) (standard rate of tax);\n(ii) section 14(6) (lower rate of tax);\n(iii) section 46(4) (unauthorised disposals rate of tax);\n(b) regulations made under section 93 which make provision that the Welsh Ministers think appropriate for the purposes of, in connection with, or for giving full effect to, any provision contained in regulations within paragraph (a).\n(2) The statutory instrument must be laid before the National Assembly for Wales.\n(3) If the instrument is not approved by resolution of the National Assembly for Wales during the period of 28 days beginning with the day on which the instrument is made, the regulations cease to have effect at the end of that period.\n(4) But if—\n(a) the National Assembly for Wales votes on a motion for a resolution to approve the instrument before the last day of that period, and\n(b) the motion is not passed,\nthe regulations cease to have effect at the end of the day on which the vote takes place.\n(5) If—\n(a) regulations cease to have effect by virtue of subsection (3) or (4),\n(b) a taxable disposal was made at a time when the regulations were in force, and\n(c) the amount of tax chargeable on the disposal by virtue of the regulations is greater than the amount that would otherwise have been chargeable,\nthe regulations are to be treated as never having had effect in relation to that disposal.\n(6) In calculating the period of 28 days mentioned in subsections (3) and (4), no account is to be taken of any period during which the National Assembly for Wales is—\n(a) dissolved, or\n(b) in recess for more than 4 days.\n\n96 Interpretation\n(1) In this Act—\n  * “accounting period” (“cyfnod cyfrifyddu”) has the meaning given by section 39(5);\n  * “authorised landfill site” (“safle tirlenwi awdurdodedig”) has the meaning given by section 5(1);\n  * “enactment relating to the tax” (“deddfiad sy'n ymwneud â'r dreth”) means—\n    (a) this Act and regulations made under it;\n    (b) TCMA and regulations made under it, as they apply in relation to the tax;\n  * “environmental permit” (“trwydded amgylcheddol”) has the meaning given by section 5(2);\n  * “filing date” (“dyddiad ffeilio”), in relation to a tax return, has the meaning given by section 39(4);\n  * “land” (“tir”) includes land covered by water where the land is above the low water mark of ordinary spring tides;\n  * “landfill business” (“busnes tirlenwi”) means a business, or a part of a business, in the course of which a person carries out taxable operations;\n  * “landfill disposal” (“gwarediad tirlenwi”) means a disposal of material—\n    (a) by way of landfill, and\n    (b) as waste;\n  * “landfill disposal area” (“man gwarediadau tirlenwi”) means an area of a landfill site where landfill disposals are made, or where such disposals have been or will be made;\n  * “landfill site” (“safle tirlenwi”) means—\n    (a) an authorised landfill site, or\n    (b) any other land where landfill disposals are made;\n  * “landfill site activity” (“gweithgarwch safle tirlenwi”) means receiving, keeping, sorting, using, treating, recovering or doing anything else with material at a landfill site;\n  * “LTTA” (“DTTT”) means the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1);\n  * “material” (“deunydd”) means material of all kinds, including objects, substances and products of all kinds;\n  * “non-disposal area” (“man nad yw at ddibenion gwaredu”) means an area designated under section 55;\n  * “notice” (“hysbysiad”) means notice in writing;\n  * “operator” (“gweithredwr”), in relation to an authorised landfill site, has the meaning given by section 7(4);\n  * “partnership” (“partneriaeth”) means—\n    (a) a partnership within the Partnership Act 1890 (c. 39),\n    (b) a limited partnership registered under the Limited Partnerships Act 1907 (c. 24), or\n    (c) a partnership or entity of a similar character formed under the law of a country or territory outside the United Kingdom;\n  * “qualifying material” (“deunydd cymwys”) has the meaning given by section 15;\n  * “qualifying mixture of materials” (“cymysgedd cymwys o ddeunyddiau”) has the meaning given by section 16;\n  * “the register” (“y gofrestr”) means the register kept under section 34;\n  * “registered” (“cofrestredig”) means registered under section 35 and “registration” (“cofrestru”) means registration under that section;\n  * “restoration work” (“gwaith adfer”) has the meaning given by section 8(4);\n  * “tax” (“treth”) means landfill disposals tax;\n  * “tax credit” (“credyd treth”) means a tax credit under regulations made under section 54;\n  * “tax return” (“ffurflen dreth”) means a tax return that a person is required to make under section 39;\n  * “TCMA” (“DCRhT”) means the Tax Collection and Management (Wales) Act 2016 (anaw 6);\n  * “the tribunal” (“y tribiwnlys”) means—\n    (a) the First-tier Tribunal, or\n    (b) where determined by or under Tribunal Procedure Rules, the Upper Tribunal;\n  * “unincorporated body” (“corff anghorfforedig”) does not include a partnership;\n  * “WRA” (“ACC”) means the Welsh Revenue Authority.\n(2) In this Act—\n(a) references to a disposal of material by way of landfill are to be interpreted in accordance with section 4;\n(b) references to a disposal of material as waste are to be interpreted in accordance with section 6 (and see also section 7);\n(c) references to a specified landfill site activity are to be interpreted in accordance with section 8;\n(d) references to a person carrying out taxable operations are to be interpreted in accordance with section 34(2).\n(3) For the purposes of this Act, an appeal is finally determined when—\n(a) it has been determined, and\n(b) there is no further possibility of the determination being varied or set aside (disregarding any power to grant permission to appeal out of time).\n(4) For the purposes of this Act, a description may be framed by reference to any matters or circumstances whatsoever.\n\n97 Coming into force\n(1) Part 1 (overview) and this Part come into force on the day after the day on which this Act receives Royal Assent.\n(2) The other provisions of this Act come into force on a day appointed by the Welsh Ministers in an order made by statutory instrument.\n(3) An order under subsection (2) may appoint different days for different purposes.\n\n98 Short title\nThe short title of this Act is the Landfill Disposals Tax (Wales) Act 2017.\n(introduced by section 15)\n\nSCHEDULE 1QUALIFYING MATERIAL: SPECIFIED MATERIALS AND CONDITIONS\n\nGeneral\n1 The Table sets out—\n(a) in the second column, the materials that are specified for the purposes of requirement 1 in section 15;\n(b) in the third column, the conditions (if any) that apply in respect of the materials for the purposes of requirement 2 in that section.\n\nTABLE\nGroup  Materials                         Conditions\n1      Rocks and soil                    Naturally occurring\n2      Ceramic or concrete material\n3      Minerals                          Processed or prepared\n4      Furnace slags\n5      Ash\n6      Low activity inorganic compounds\n7      Calcium sulphate                  1The environmental permit relating to the site at which the material is disposed of authorises landfill disposals of non-hazardous waste only.\n                                         2The material is disposed of in a cell that does not contain any biodegradable waste.\n8      Calcium hydroxide and brine       Disposed of in a brine cavity\n\n\nInterpretation\n2 The Table is to be interpreted in accordance with the following paragraphs of the Schedule.\n3 The material in Group 1 comprises only—\n(a) rock;\n(b) clay;\n(c) sand;\n(d) gravel;\n(e) sandstone;\n(f) limestone;\n(g) crushed stone;\n(h) china clay;\n(i) construction stone;\n(j) stone from the demolition of buildings or structures;\n(k) slate;\n(l) sub-soil;\n(m) silt;\n(n) dredgings.\n4 The material in Group 2 comprises only—\n(a) glass, including fritted enamel;\n(b) ceramics, including bricks, bricks and mortar, tiles, clay ware, pottery, china and refractories;\n(c) concrete, including reinforced concrete blocks, breeze blocks and aircrete blocks.\n5 The material in Group 2 does not include—\n(a) glass fibre or glass-reinforced plastic;\n(b) concrete plant washings.\n6 The material in Group 3 comprises only—\n(a) moulding sands, including used foundry sand;\n(b) clays, including moulding clays and clay absorbents (including Fuller's earth and bentonite);\n(c) mineral absorbents;\n(d) man-made mineral fibres, including glass fibres;\n(e) silica;\n(f) mica;\n(g) mineral abrasives.\n7 The material in Group 3 does not include—\n(a) moulding sands containing organic binders;\n(b) man-made mineral fibres made from—\n(i) glass-reinforced plastic, or\n(ii) asbestos.\n8 The material in Group 4 comprises only—\n(a) vitrified wastes and residues from the thermal processing of minerals where the wastes or residues are both fused and insoluble;\n(b) slag from waste incineration.\n9 The material in Group 5 comprises only fly ash and bottom ash from—\n(a) wood or waste combustion, or\n(b) coal or petroleum coke combustion (including fly ash and bottom ash produced when coal or petroleum coke is burnt together with biomass).\n10 The material in Group 5 does not include fly ash from—\n(a) sewage sludge, or\n(b) municipal, clinical or hazardous waste incinerators.\n11 The material in Group 6 comprises only—\n(a) calcium based reaction wastes from titanium dioxide production;\n(b) calcium carbonate;\n(c) magnesium carbonate;\n(d) magnesium oxide;\n(e) magnesium hydroxide;\n(f) iron oxide;\n(g) ferric hydroxide;\n(h) aluminium oxide;\n(i) aluminium hydroxide;\n(j) zirconium dioxide.\n12 Group 7 includes calcium sulphate, gypsum and calcium sulphate based plasters but does not include plasterboard.\n13 In the third column of the Table, “non-hazardous waste” means waste that is not hazardous waste within the meaning of Directive 2008/98/EC of the European Parliament and of the Council of 18 November 2008 on waste.\n(introduced by section 34(3))\n\nSCHEDULE 2CONTENTS OF REGISTER\n\nGeneral information\n1A person's entry in the register must contain the following information—\n(a) the person's name;\n(b) any trading name used by the person;\n(c) a statement of whether the registered person is a body corporate, an individual, a partnership or an unincorporated body;\n(d) the person's business address;\n(e) the address or description of each authorised landfill site of which the person is the operator;\n(f) the registration number assigned to the person by WRA.\n\nRepresentative members of corporate groups: additional information about group\n2 If a registered person is the representative member of a group of bodies corporate designated under section 77, the person's entry in the register must include—\n(a) a statement of that fact;\n(b) the name and business address of every other body corporate that is a member of the group;\n(c) the address or description of each authorised landfill site of which any member of the group is the operator;\n(d) the name and business address of any body corporate or individual who is not a member of the group but who (either alone or in partnership) controls all of its members (see section 78).\n\nPartnerships and unincorporated bodies: additional information about members\n3 Where a partnership or unincorporated body is registered in the name of the partnership or body, its entry in the register must include the name and address of each of its members.\n\nInterpretation\n4 For the purposes of this Schedule, the business address of a body corporate, partnership or unincorporated body is the address of its registered or principal office.\n(introduced by section 41(8))\n\nSCHEDULE 3CONTENTS OF LANDFILL INVOICE\n1A landfill invoice must contain the following information—\n(a) an identifying number;\n(b) the date on which the invoice is issued;\n(c) the name and address of the person issuing the invoice;\n(d) the registration number assigned to that person by WRA;\n(e) the name and address of the person to whom the invoice is issued;\n(f) the date on which the taxable disposal is made;\n(g) a description of the material in the taxable disposal;\n(h) the rate of tax chargeable on the material in the taxable disposal;\n(i) the taxable weight of the material in the taxable disposal;\n(j) any discount applied under section 19(3) in respect of water present in the material;\n(k) any relief claimed in relation to the taxable disposal;\n(l) the amount of tax chargeable on the taxable disposal;\n(m) the total amount of consideration payable in respect of the invoice.\n2 Where a landfill invoice is issued in respect of more than one taxable disposal, it must show, in respect of each taxable disposal, the information specified in paragraph 1(f) to (l).\n(introduced by section 90)\n\nSCHEDULE 4MINOR AND CONSEQUENTIAL AMENDMENTS TO THE TAX COLLECTION AND MANAGEMENT (WALES) ACT 2016\n1TCMA is amended as follows.\n2 In section 39 (preservation of information etc.) (as amended by paragraph 7 of Schedule 23 to LTTA)—\n(a) the existing text becomes subsection (1);\n(b) after that subsection insert—\n“(2)But this is subject to any requirement specified under section 21(7) (water discount record) or 43(2) (landfill disposals tax summary) of LDTA.”\n3 In section 40 (meaning of “filing date”) (as amended by paragraph 9 of Schedule 23 to LTTA), for the words from “, in relation to” to the end substitute “—\n(a) in relation to a tax return for land transaction tax, is the day by which the return is required to be made under LTTA;\n(b) in relation to a tax return for landfill disposals tax, has the meaning given by section 39(4) of LDTA.”\n4 In section 104 (carrying out inspections under section 103: further provision)—\n(a) in the heading, after “103” insert “ , 103A or 103B ”;\n(b) in subsection (1), after “103,” insert “ 103A or 103B, ”;\n(c) in subsection (2), omit “business”.\n5 In section 105 (carrying out inspections under section 103: use of equipment and materials)—\n(a) in the heading, after “103” insert “ , 103A or 103B ”;\n(b) in subsection (1), for “103 onto the business” substitute “ 103, 103A or 103B onto the ”;\n(c) after subsection (6) insert—\n“(7)References in this section to a notice issued under section 103(3)(b)(i) include a notice issued under that provision as applied by sections 103A(4) and 103B(5).”\n6 In section 107 (producing authorisation to carry out inspections), after “103” insert “ , 103A, 103B ”.\n7 In section 108 (approval of tribunal for inspection)—\n(a) in subsection (1)(a), after “103“ insert “ , 103A, 103B ”;\n(b) in subsection (1)(b), after “103” insert “ , 103A or 103B ”;\n(c) in subsection (2), after “103” insert “ , 103A or 103B ”;\n(d) in subsection (4), for the words from “103” to the end of paragraph (a) (but not including the “and” after that paragraph) substitute “103, 103A or 103B only if—\n“(a)it is satisfied that the applicable requirement is met,”;\n(e) after subsection (4) insert—\n“(4A)The applicable requirement is—\n(a) in the case of an inspection of a person's business premises under section 103, that WRA has grounds for believing that the inspection of the premises is required for the purpose of checking the person's tax position;\n(b) in the case of an inspection of a person's business premises under section 103A, that WRA has grounds for believing that the conditions set out in subsections (2) and (3) of that section are met;\n(c) in the case of an inspection of premises under section 103B, that WRA has grounds for believing the matters set out in subsection (1) of that section.”\n8 In section 111 (interpretation of Chapter 4)—\n(a) the existing text becomes subsection (1);\n(b) after that subsection insert—\n“(2)For the purposes of the definition of “premises” in subsection (1) as it applies in relation to landfill disposals tax, “land” includes material (within the meaning of LDTA) that WRA has grounds for believing has been deposited on the surface of land or on a structure set into the surface, or under the surface of land.”\n9 In section 118 (penalty for failure to make tax return on or before filing date) (as amended by paragraph 39 of Schedule 23 to LTTA)—\n(a) the existing provision becomes subsection (1);\n(b) after that subsection insert—\n“(2)But see section 118A for an exception to the rule above.”\n10 In section 121 (reduction in penalty for failure to make tax return: disclosure), in subsection (1), after “section 118,” insert “ 118A, ”.\n11 In section 122 (penalty for failure to pay tax on time) (as substituted by paragraph 42 of Schedule 23 to LTTA)—\n(a) after subsection (2) insert—\n“(2A)But see section 122ZA for an exception to the rule in subsection (1).”;\n(b) in subsection (3), for “section 122A” substitute “ sections 122ZA and 122A ”.\n12 In section 122A (further penalties for continuing failure to pay devolved tax) (inserted by paragraph 42 of Schedule 23 to LTTA), in subsection (1), after “section 122” insert “ or 122ZA ”.\n13 In section 126 (reasonable excuse for failure to make tax return or pay tax) (as amended by paragraph 45 of Schedule 23 to LTTA), in subsection (2), for “section 122 or 122A” substitute “ sections 122 to 122A ”.\n14 In section 127 (assessment of penalties) (as amended by paragraph 46 of Schedule 23 to LTTA)—\n(a) in subsection (5), after “section 122” insert “ , 122ZA ”;\n(b) in subsection (6), after “section 122” insert “ , 122ZA ”.\n15 In section 157A (late payment interest on penalties) (inserted by paragraph 58 of Schedule 23 to LTTA), in subsection (1), for “required to be paid under Part 5 of this Act” substitute “ relating to devolved tax ”.\n16 In section 172 (appealable decisions) (as amended by paragraph 62 of Schedule 23 to LTTA), after subsection (2) insert—\n“(2A)In subsection (2), “operator”, “authorised landfill site”, “registration” and “non-disposal area” have the same meanings as in LDTA.”\n17 In section 182 (payment of penalties in the event of a review or appeal) (as amended by paragraph 64 of Schedule 23 to LTTA)—\n(a) in subsection (2), for “section 154” substitute “ the normal penalty payment date ”;\n(b) in subsection (4), in paragraph (a), for “section 154” substitute “ the normal penalty payment date ”;\n(c) after subsection (6) insert—\n“(7)In this section, the “normal penalty payment date” means the date by which a penalty must be paid under—\n(a) section 154, or\n(b) section 70 of LDTA.”\n18 In section 190 (issue of notices by WRA) (as amended by paragraph 68 of Schedule 23 to LTTA), in subsection (9)(a), after “103(4) or 105(3)” insert “ (including any notice provided under section 103(4) as applied by sections 103A(4) and 103B(5)) ”.\n19 In section 192 (interpretation) (as amended by paragraph 70 of Schedule 23 to LTTA)—\n(a) in subsection (2), insert at the appropriate places—\n““landfill disposals tax” (“treth gwarediadau tirlenwi”) has the same meaning as in LDTA;”;\n““LDTA” (“DTGT”) means the Landfill Disposals Tax (Wales) Act 2017 (anaw 3);”;\n(b) in that subsection, in the definition of “the Welsh Tax Acts”—\n(i) omit the “and” after paragraph (a);\n(ii) at the end of paragraph (b) insert “, and\n(c) LDTA.”\n20 In section 193 (index of defined expressions) (as amended by paragraph 71 of Schedule 23 to LTTA), in Table 1, insert at the appropriate places—\nLandfill disposals tax (“treth gwarediadau tirlenwi”)  section 192(2)\nLDTA (“DTGT”)                                          section 192(2)","title":""}
{"_id":"text_ukpga_Vict_23-24_112","text":"[28th August 1860]\n\nAscertaining the Lands to be taken or to be kept free from Buildings.\n\n1 Lands to be taken and lands to be kept free from buildings to be ascertained, &c.\nOn or before the thirty-first day of August 1861 the lands required to be taken absolutely for the construction of the said works and depot and arsenal, and the lands in the vicinity of the fortifications and works aforesaid, which are required to be kept free from buildings and other obstructions shall be ascertained by a declaration or declarations to be at any time, or from time to time, made and signed by Her Majesty’s Principal Secretary of State for the War Department.\n\n2 Declaration of Secretary for War, what to show.\nEvery such declaration shall specify and show, with the aid of a map or plan thereto annexed, constructed on a scale of not less than six inches to a mile, the lands to which the same relates, and shall distinguish what lands are required to be taken absolutely and what lands are required to be kept free from buildings and other obstructions.\n\n3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n4 Copy of declaration, &c. to be deposited with clerks of the peace, &c.\nThe said Secretary of State shall within three months after the making of any such declaration cause copies thereof, and of the map or plan thereto annexed, to be deposited as hereinafter mentioned; (that is to say,)\nThere shall be deposited at the office of the clerk of the peace for every county in which any lands to which any such declaration relates are situate, a copy of such declaration, and of the map or plan thereto annexed:\nThere shall also be deposited with the parish clerk of every parish in England, or in the case of an extra-parochial place, with the parish clerk of some parish immediately adjoining thereto, and with the clerk of the union within which any parish is included in Ireland, a copy of so much of every such declaration, and of the map or plan thereto annexed, as relates to any lands situate in such parish or extra-parochial place.\n\n5 Clerks of the peace, &c., to receive and hold copies so deposited as under 7 Will. 4 & 1 Vict. c. 83.\nAll clerks of the peace, parish clerks, and clerks of unions shall receive and retain the copies deposited with them as aforesaid, and permit all persons interested to inspect the same, and make extracts or copies therefrom, in the like manner, and upon the like terms, and under the like penalty for default, as provided by the Parliamentary Documents Deposit Act, 1837, with respect to plans directed to be so deposited by the standing orders of either House of Parliament.\n\n6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nNotices of Lands required to be taken or to be kept free from Buildings\n\n7 Notices to owners, &c of land.\nThe said Secretary of State shall, within six months after the making of any such declaration, cause such notice or notices in writing as hereinafter mentioned to be served in manner hereinafter provided on the owners or reputed owners, lessees or reputed lessees, and occupiers of the lands to which such declaration relates.\n\n8 Contents of such notice.\nEvery such notice shall specify the lands to be required to be taken or to be kept free from buildings and other obstructions (as the case may be), and the places where copies of the declaration relating thereto have been deposited as hereinbefore required:\nEvery such notice shall also state that the said Secretary of State is willing to treat as to the compensation to be paid for such lands or (in the case of lands required to be kept free from buildings) as to the compensation to be paid for the damage to be sustained by reason of the restraints under this Act on the exercise of the right of building and other rights incident to the ownership of such lands, and by reason of the execution under the powers of this Act of any intended works specified in such notice:\nAnd every such notice shall demand from the party to whom the same is given the particulars of the estate and interest of such party in the lands, and of the claims made by such party in respect thereof, stating therein the amount which such party may be willing to receive as compensation for his estate and interest, or for any damage in respect thereof referred to in such notice.\n\n9 How notices to be given.\nEvery such notice shall be served personally on the said parties, or left at their last usual places of abode, if any such can after diligent inquiry be found, and, in case any of such parties be absent from the United Kingdom, or cannot be found after diligent inquiry, shall be addressed to such party and left with the occupier of the lands, or, if there be no such occupier, affixed upon some conspicuous part of such lands:\nIf any of such parties be a corporation aggregate, such notice shall be left at the principal office of such corporation; or, if no such office can after diligent inquiry be found, such notice shall be served on some principal member, if any, of such corporation, and a duplicate of the notice shall be addressed to such corporation and left with the occupier of the lands, or, if there be no such occupier, affixed upon some conspicuous part of such lands.\n\nDetermination of Amount of Compensation by Agreement\n\n10 Amount of compensation may be determined by agreement.\nThe amount of compensation to be paid . . . by reason of the execution of any works in or over any lands required to be kept free from buildings, may be determined by agreement between the said Secretary of State and all parties having any estate or interest in such lands respectively.\n\n11 Corporations, tenents for life, trustees, committees, &c. empowered to agree.\nAll corporations and all . . . trustees for charitable or other purposes of any lands required . . . to be kept free from buildings, and all . . . , and the . . . , guardians, trustees, . . . , and attorneys of such of the owners of or other persons interested in any such lands as may be . . . infants . . . or beyond the seas, or otherwise incapable of acting for themselves, may agree with the said Secretary of State as to the amount of such compensation to be paid for . . . any damage sustained in respect thereof.\nAll agreements made and acts done by such corporations and persons respectively in relation to such compensation shall be valid and effectual in law to all intents and purposes whatsoever.\n\nDetermination of Amount of Compensation otherwise than by Agreement\n\n12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n14 Compensation to absent parties to be settled by a surveyor to be appointed by two justices.\nWhere by reason of absence from the United Kingdom any party is prevented from treating, or cannot after diligent inquiry be found, the amount of such compensation shall be determined by valuation in manner following; that is to say, the said Secretary of State shall make application to two justices; and upon proof satisfactory to them that any such party is by reason of absence from the Kingdom prevented from treating, or cannot after diligent inquiry be found, such justices shall, by writing under their hands, nominate a competent surveyor for determining the amount of such compensation as aforesaid; and such surveyor shall determine the same accordingly, and shall annex to his valuation a declaration in writing subscribed by him of the correctness thereof.\n\n15 Surveyor acting corruptly to be guilty of a misdemeanor.\nIf any surveyor wilfully and corruptly make any incorrect or false valuation, or wilfully and corruptly act in the matter hereof, he shall be guilty of a misdemeanor.\n\n16 Valuation to be preserved and produced on demand.\nThe said nomination shall be annexed to the valuation to be made by such surveyor, and shall be preserved together therewith by the said Secretary of State, who shall at all times produce the said valuation and other documents, on demand, to all parties interested . in the lands comprised therein.\n\n17 Damage may be ascertained when works done.\nWhere any damage has been sustained by reason of any works authorized by this Act in or upon lands required to be kept free from buildings and other obstructions in respect of which works compensation has not been agreed upon, awarded, or otherwise ascertained prospectively, compensation shall be paid in respect thereof when the works have been done; such compensation to be determined in like manner as other compensation under this Act, or as near thereto as circumstances admit.\n\n18 In estimating damage regard to be had to advantages derived.\nIn determining the amount of compensation in respect of damage sustained by reason of any such works, regard shall be had to any increase in the extent of land capable of being brought under cultivation by removal of banks, fences, hedges, and ditches, and to any improved drainage and other advantages derived from any such works.\n\n19 Where any agreement in restraint of building exists, regard to be had thereto in estimating compensation.\nWhere any covenant or agreement has been entered into with the principal officers of Her Majesty’s Ordnance or with the said Secretary of State in restraint of the right to build on any lands, and such covenant or agreement is legally or equitably binding on the owner of the lands, regard shall be had in ascertaining the amount of compensation to be paid under this Act for or in respect of such lands (whether the same are required to be taken absolutely or are required to be kept free from buildings) to the existing restriction arising out of such covenant or agreement.\n\nPayment and Application of Compensation in certain cases\n\n20 Provision for payment and application of compensation money in certain cases.\nAny compensation payable under this Act for or in respect of any lands or any interest therein taken from or holden by any owner who by reason of absence is prevented from treating as aforesaid or who cannot after diligent inquiry be found, or who refuses to accept such compensation, or neglects or fails to make out a title to such lands or the interest therein claimed by such owner to the satisfaction of the said Secretary of State.\nand any compensation payable for or in respect of any lands or any interest therein taken from or holden by any corporation or person not having independently of this Act and the Defence Act, 1842, as amended as aforesaid, power to agree as to the amount of such compensation, or to sell and convey such lands or such interest,\nshall be paid and applied in manner directed by the sections numbered twenty-five to thirty of the Defence Act, 1842, (and with regard to England) as amended by section eight of the Queen’s Remembrancer’s Act, 1859, as if the said sections expressly extended to the said compensation.\n\n21 On payment into court of compensation an addition to be made to meet future expenses.\nWhere any compensation is required to be paid into the Senior Courts or Court of Judicature under this Act, there shall be added thereto a sum of thirty pounds as an equivalent for the expenses consequent upon such payment; and upon such compensation, with such additional sum (which shall be deemed part of such compensation), being so paid, the said Secretary of State shall be discharged from all liability in respect thereof; and the Court of Chancery may allot to the tenant for life, or for any other partial or qualified estate, in respect of any expenses of investment incurred by him, any portion of any such compensation which the Court may deem just.\n\n22 Provision for payment into Court on failure for three months after compensation ascertained to deduce a title.\nThe said Secretary of State may in any case at or after the expiration of three months from the time at which the compensation for any lands has been agreed upon or otherwise ascertained, if the owner thereof have not in the meantime made out a title thereto to the satisfaction of the said Secretary of State, pay such compensation, without such addition as aforesaid, into the Senior Courts or Court of Judicature in manner hereinbefore referred to; and such payment shall discharge the said Secretary of State from all liability in respect of the money so paid:\nProvided always, that the Court of Chancery may, upon application for payment of such money to the party entitled, in case the Court be of opinion that there was no unreasonable delay in deducing the title, or that a good title was shown, order all or any costs occasioned by such payment into Court to be paid by the said Secretary of State.\n\n23 Orders concerning money paid into Court may be made at chambers.\nAll orders and directions in relation to any money paid into the Senior Courts under this Act, or the securities in or upon which the same may be invested, or the dividends or interest on such money and securities, which under the said Acts the Court of Chancery is empowered to make or give on motion or petition, may be made or given by the Master of the Rolls or any of the Vice-Chancellors while sitting at chambers, upon summons, in like manner as in other cases in which proceedings may be so had before the Master of the Rolls and Vice-Chancellor, subject, nevertheless, to any general rules and orders which may hereafter be made concerning the practice, proceedings, or business of the said Courts.\n\nProvisions as to Costs\n\n24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nApportionment and Release of Rents and Incumbrances\n\n26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nPowers to use the Lands Clauses Consolidation Act, 1845\n\n29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nVesting of Lands to be taken absolutely in the Secretary of State and Power of immediate Entry\n\n30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nContinuance of Liability to Tithe Rentcharge, Taxes, and Rates\n\n33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nRestraints and Powers to attach on Lands required to be kept free from Buildings\n\n34 Restrictions and powers with respect to lands required to be kept free from buildings.\n. . . in relation to any lands required to be kept free from buildings and other obstructions, the following restrictions, powers and consequences shall attach with reference to such lands:\nNo building or other structure (other than barns, hovels, or other like structures of wood), shall be made or erected thereon:\nIt shall be lawful for the said Secretary of State, . . . from time to time, to enter and pull down any present or future buildings or structures (other than as aforesaid) thereon, and to cut down or grub up all or any of the trees thereon, and to remove or alter all or any of the banks, fences, hedges, and ditches thereon, and to make underground or other drains therein, and generally to level and clear the said lands, and do all such acts for levelling and clearing the same as may be deemed necessary or proper by the said Secretary of State: but in such manner, nevertheless, that evidence of the boundaries of the lands held by different owners may be preserved:\nAnd it shall not be lawful for any person to alter the level of the lands, or do any act which may prejudicially affect any work done on the lands under the authority of the said Secretary of State.\n\n35 Limitation of time for works under last preceding enactment.\nThe powers conferred by the enactment lastly hereinbefore contained in relation to any lands shall be exercised only within three years after the making of any declaration that the said lands are required to be kept free from buildings and other obstructions, except with respect to pulling down buildings or structures wrongfully made or erected after the expiration of that time, or keeping or re-instating such lands in the condition in which the same were left after the execution of any such work thereon as aforesaid, or maintaining or restoring the level of such lands.\n\nSubsequent Compensation for Interests omitted to be purchased\n\n36 Provision as to interest omitted to be purchased.\nIf at any time after the said Secretary of State has entered upon any lands vested in him under this Act, any party appear to be entitled to any estate, right, or interest in or charge affecting such lands, which through mistake and inadvertence has been omitted to be purchased or compensated for, the said Secretary of State shall nevertheless remain in the undisturbed possession of such lands, and shall be deemed to have an indefeasible title thereto, but shall pay compensation for any such estate, right, interest, or charge, which but for this enactment might be recovered or enforced, and also pay to such party, or to any other party who may establish a right thereto, full compensation for the mesne profits or interest which would have accrued to such parties respectively in respect thereof during the interval between the entry of the said Secretary of State thereon and the time of the payment of such compensation by the said Secretary of State, so far as such mesne profits or interest may be recoverable at law or in equity:\nSuch compensation shall be agreed on or awarded and paid in like manner as the same would have been agreed on or awarded and paid in case the said Secretary of State had purchased or compensated for such estate, right, interest, or charge before his entering upon such lands, or as near thereto as circumstances will admit.\n\n37 How value of such lands to be estimated.\nIn estimating the compensation to be given for any such estate, right, interest, or charge affecting any lands, or for any mesne profits or interest, the jury or justices, as the case may be, shall assess the same according to the value of the lands at the time the same were entered upon by the said Secretary of State and without regard to any improvements or works made by him.\n\n38 Secretary of State to pay the costs of litigation as to such lands.\nIn addition to the said compensation, the said Secretary of State shall, when the right to any such estate, right, interest, or charge has been disputed by him and determined in favour of the party claiming the same, pay the full costs and expenses of any proceedings at law or in equity for the determination or recovery of the same to the parties with whom any such litigation in respect thereof has taken place; and such costs and expenses shall, in case the same be disputed, be settled by the proper officer of the court in which such litigation took place.\n\n39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nPower to divert Highways, &c.\n\n40 Power to divert highways, &c.\nIt shall be lawful for the said Secretary of State, without any writ being issued or other legal proceeding being adopted, to stop up or divert or alter the level of any highway, way, sewer, drain, or pipe over, through, under, or adjoining any lands comprised in any such declaration as aforesaid; he, if necessary, previously making, opening, or laying down another good and sufficient way, sewer, drain, or pipe, in lieu of that stopped up or diverted.\n\n41 Power to alter the course of brooks, &c.\nIt shall be lawful for the said Secretary of State to alter the course and level of any river not navigable, brook, stream, or watercourse, and any branch of any navigable river (such branch not itself being navigable) within or adjoining such lands, making compensation for any damage sustained by reason of the exercise of such powers; such compensation to be determined and paid in like manner as other compensation under this Act, or as near thereto as circumstances admit.\n\nMiscellaneous Provisions\n\n42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n45 Notices, &c. may be served on or given by the solicitor.\nAny notice, summons, writ, or other document required to be served on the said Secretary of State may be served by being delivered to the solicitor appointed to act for the Ministry of Defence for the time being, or by being left for him thereat; and any notice, summons, writ, or other document required to be given by or on behalf of the said Secretary of State shall be given under the hand of such solicitor.\n\nAmendment of the Defence Act, 1842\n\n46 5 & 6 Vict. c. 94 amended as herein stated.\nAnd whereas the Defence Act, 1842, has been amended by divers Acts, and it is expedient further to amend the same:\nThe following provisions of this Act in relation to lands to be taken under this Act shall be applicable where lands are surveyed and marked out under the Defence Act, 1842, as amended as aforesaid; (that is to say,)\n  * The provisions concerning the mode of serving notices on owners, lessees, and occupiers, and of notices, writs, or other documents on the said Secretary of State:\n  * The provisions concerning the determination of the amount of compensation for lands otherwise than by agreement:\n  * The provisions concerning the payment and application of compensation, and the disposition of securities on which the same may be invested, and of the interest and dividends of such compensation and securities:\n  * And the provision concerning interests omitted to be purchased; which last-mentioned provision shall apply as well with respect to lands already taken by the said Secretary of State, as with respect to lands to be hereafter taken by him under the said Defence Act as amended as aforesaid.\n\nInterpretation.\n\n47 Interpretation of terms.\nIn the construction of this Act . . . the following words and expressions shall in this Act and the Defence Act, 1842, have the several meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction; (that is to say,)\n  * The word “lands” shall extend to messuages, lands, tenements, and hereditaments of any tenure:\n  * The word “ lease ” shall include an agreement for a lease:\n  * . . .\n  * . . .\n  * The word “ justices ” and “ justice ” shall mean respectively justices or a justice of the peace acting for the . . . place where the matter requiring the cognizance of such justices or justice arises, and not interested in the matter, and, where such matter arises in respect of lands being the property of one and the same party situate not wholly in one . . . place, shall mean justices or a justice acting for the . . . place where any part of such lands is situate, and not interested in such matter; and the expression “ two justices ” shall mean two justices assembled and acting together:\n  * The word “ owner ” shall include any corporation or person having authority under this Act or otherwise to agree with the said Secretary of State as to the purchase money or compensation to be paid for any lands.\n\n48†Short titles of 5 & 6 Vict. c. 94, 18 & 19 Vict. c. 117 and this Act.\n. . . this Act may be cited as “The Defence Act, 1860.”","title":""}
{"_id":"text_ukpga_1970_4","text":"[26th February 1970]\n\n1 Partial derating of buildings used for livestock production.\n(1) Notwithstanding anything in section 6(9) of the Act of 1956 (rateable value of lands and heritages), the Secretary of State may by order made by statutory instrument provide that, in respect of the year 1970–71 or such later year as may be specified in the order and subsequent years, the rateable value of lands and heritages entered in the valuation roll and consisting of one or more buildings (but not including any dwelling–house) used solely for the purpose of the keeping or breeding of livestock shall be the amount produced by deducting from the net annual value thereof . . . such percentage of that value as may be specified in the order.\n(2) An order made under the foregoing subsection shall not have effect unless approved by a resolution of the Commons House of Parliament.\n(3) The power conferred by subsection (1) of this section to make an order includes the power to vary or revoke the order by subsequent orders made in the like manner and subject to the like conditions.\n(4) Where part of lands and heritages, being lands and heritages the whole of which is required, or but for this subsection would be required, to be entered in the valuation roll, is a livestock production part and the remainder of the lands and heritages is used for other purposes, then—\n(a) the provisions of this section shall apply to the livestock production part as if it were such lands and heritages as are mentioned in subsection (1) of this section; and\n(b) without prejudice to the foregoing paragraph, the provisions of the Valuation Acts including the provisions with respect to the valuation of lands and heritages and entry of such lands and heritages in the valuation roll shall apply to the livestock production part and to the remainder as if each part were lands and heritages in separate occupation.\n(5) Any reference in the last foregoing subsection to a livestock production part of lands and heritages shall be construed as a reference to a part of lands and heritages—\n(a) which consists of one or more buildings or one or more parts of buildings (not being in any case a building or part of a building used as a dwelling–house) used solely for the purpose of the keeping or breeding of livestock, and,\n(b) which if it consisted of a building or buildings in separate occupation would be lands and heritages which would be required to be entered in the valuation roll.\n(6) Without prejudice to subsection (4) of this section, a building or part of a building shall not be precluded from being treated, for the purposes of this Act, as a building or part of a building used solely for the purpose of the keeping or breeding of livestock merely because the building or part is to some extent or from time to time used in such a manner that, if it were a building wholly or at all times used in that manner, it would be an agricultural building within the meaning of section 7 of the Act of 1956.\n(7) The valuation roll shall show by distinguishing mark or otherwise what lands and heritages are such lands and heritages as are mentioned in subsection (1) of this section.\n\n2 Interpretation.\n(1) In this Act—\n  * “the Act of 1956” means the Valuation and Rating (Scotland) Act 1956;\n  * “the Valuation Acts” has the same meaning as in the Act of 1956;\n  * . . . . . .\n  * “year” means a period of twelve months beginning on 16th May, except that in relation to lands and heritages within the area of a local authority whose financial year begins on a day other than 16th May, it means a period of twelve months beginning on that other day; and for the purpose of this definition “local authority” means a county council or the town council of a burgh;\n  * “the year 1970–71” means the year beginning in 1970.\n(2) Any reference in this Act to the keeping or breeding of livestock shall be construed as a reference to those activities as mentioned in the definition of agriculture in section 86(3) of the Agriculture (Scotland) Act 1948.\n(3) Any reference in this Act to a building or part of a building shall be construed as including a reference to any pertinent thereof.\n(4) Any reference in this Act to a building or part of a building used solely for the purpose of the keeping or breeding of livestock shall be construed as including a reference to a building or part of a building occupied together with such building or part and used solely in connection with the use of such building or part and to any land so occupied and used.\n\n3 Short title and extent.\n(1) This Act may be cited as the Valuation for Rating (Scotland) Act 1970.\n(2) This Act shall extend to Scotland only.","title":""}
{"_id":"text_ukpga_1985_42","text":"[16th July 1985]\nBe it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—\n\n1 Hospital complaints procedure.\n(1) It shall be the duty of the Secretary of State to give to each Strategic Health Authority and Health Authority, to each Special Health Authority in England and Wales and to each Health Board in Scotland such directions . . . as appear to him necessary for the purpose of securing that, as respects each hospital . . . which that Strategic Health Authority,Health Authority, Special Health Authority or Boardmanage—\n(a) such arrangements are made for dealing with complaints made by or on behalf of persons who are or have been patients at that hospital; and\n(b) such steps are taken for publicising the arrangements so made,\nas (in each case) are specified or described in the directions.\n(1A) It shall also be the duty of the Secretary of State to give to each NHS trust which manages a hospital such directions as appear necessary for the purpose of securing that, as respects each hospital . . . which that NHS trust manages—\n(a) such arrangements are made for dealing with complaints made by or on behalf of persons who are or have been patients at that hospital; and\n(b) such steps are taken for publicising the arrangements so made,\nas (in each case) are specified or described in the directions.\n(1B) It shall also be the duty of the Secretary of State to give to each Primary Care Trust and Local Health Boardwhich manages a hospital such directions as appear necessary for the purpose of securing that, as respects each hospital which that Primary Care Trust or Local Health Board manages—\n(a) such arrangements are made for dealing with complaints made by or on behalf of persons who are or have been patients at that hospital; and\n(b) such steps are taken for publicising the arrangements so made,\nas (in each case) are specified or described in the directions.\n(1C) In this section, “directions” means—\n(a) in relation to England and Wales, directions under section 17 of the National Health Service Act 1977,\n(b) in relation to Scotland, directions under section 2(5) of the National Health Service (Scotland) Act 1978.\n(2) No right of appeal, reference or review conferred under this section shall preclude an investigation under the Health Service Commissioners Act 1993 in respect of any matter.\n(3) In this section—\n(a) in its application to England and Wales, expressions which are also used in the said Act of 1977 have the same meanings as in that Act;\n(b) in its application to Scotland, expressions which are also used in the said Act of 1978 have the same meanings as in that Act.\n\n1A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n2 Short title, commencement and extent.\n(1) This Act may be cited as the Hospital Complaints Procedure Act 1985.\n(2) This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.\n(3) This Act does not extend to Northern Ireland.","title":""}
{"_id":"text_apgb_Geo3_10_51","text":"Preamble reciting an Act of the Scottish Parliament, 1685.\nWhereas by the Entail Act 1685—all His Majesty’s subjects are empowered to taillie their lands and estates in Scotland with such provisions and conditions as they shall think fit, and with such irritant and resolute clauses as to them shall seem proper; and which taillies, when completed and published in the manner directed by the said Act, are declared to be real and effectual against purchasers, creditors, and others whatsoever: And whereas many taillies of lands and estates in Scotland, made as well before as after passing the said Act, do contain clauses limiting the heirs of entail from granting tickets or leases of a longer endurance than their own lives, for a small number of years only, whereby the cultivation of land in that part of this kingdom is greatly obstructed, and much mischief arises to the publick; and which must daily increase, so long as the law allowing such entails subsists, if some remedy be not provided: Wherefore, to prevent a mischief and inconveniency so hurtful to the publick.\n\n[1.] Proprietors of entailed estates may grant tacks for 14 years, and one existing life; or for 2 lives, and life of survivor; or for 31 years.\nIt shall and may be lawful to every proprietor of an entailed estate within . . . Scotland, to grant tacks or leases of all or any part or parts thereof for any number of years not exceeding fourteen years from the term of Whitsunday next after the date thereof, and for the life of one person to be named in such tacks or leases, and in being at the time of making thereof; or for the lives of two persons to be named therein, and in being at the time of making the same, and the life of the survivor of them; or for any number of years not exceeding thirty-one years from the term aforesaid.\n\n2 Specification of terms in which lands so leased are to be inclosed.\nProvided always, that every such lease for two lives shall contain a clause obliging the tenant or tenants to fence and inclose in a sufficient and lasting manner all the lands so leased within the space of thirty years, and two third parts thereof within the space of twenty years, and one third part thereof within the space ten years, if the said lease shall continue for such respective terms; and that every such lease for any term of years exceeding nineteen years, shall contain a clause, obliging the tenant or tenants to fence and inclose in like manner all the lands so leased during the continuance of such term, and two third parts thereof before the expiration of two third parts of such term, and one third part thereof before the expiration of one third part of such term.\n\n3 Lease for 2 lives, or more than 19 years, to oblige tenant to keep fences in repair, and to leave them so at expiration. Not more than 40 acres to be comprehended in one field, except where lands are improper for culture by the plough.\nAnd provided also, that every such lease for two lives, or for any term of years exceeding nineteen years, shall contain a clause obliging the tenant or tenants to keep and preserve the fences, when made, in good and sufficient repair during the lease, and to leave them so at the expiration thereof; and that no inclosures which shall be made, shall comprehend more than forty acres in one field; excepting where the lands consist of hills or other grounds incapable or improper by their nature for culture by the plough; in which case, the inclosures may be made of such extent as the nature of the ground shall require.\n\n4 Building leases may be granted for 99 years.\nAnd whereas the building of villages and houses upon entailed estates may, in many cases, be beneficial to the publick, and might often be undertaken and executed, if heirs of entail were empowered to encourage the same by granting long leases of lands for the purpose of building: Be it therefore enacted by the authority aforesaid, that it shall be, and it is hereby declared to be, in the power of every proprietor of an entailed estate, to grant leases of land for the purpose of building, for any number of years not exceeding ninety-nine years.\n\n5 But not for more than 5 acres to one person; conditionally, that one dwelling-house be built, etc. for every half acre.\nProvided always, that not more than five acres shall be granted to any one person, either in his own name, or to any other person or persons in trust for him; and that every such lease shall contain a condition that the lease shall be void, and the same is hereby declared void, if one dwelling-house at least, not under the value of ten pounds sterling, shall not be built within the space of ten years from the date of the lease, for each one half acre of ground comprehended in the lease; and that the said houses shall be kept in good, tenantable, and sufficient repair; and that the lease shall be void whenever there shall be a less number of dwelling-houses than one, of the value aforesaid, to each one half acre of ground, kept in such repair as aforesaid, standing upon the ground so leased.\n\n6 Manor-place not to be leased, nor village built within 300 yards thereof.\nProvided also, that the power of leasing hereby given shall not in any case extend to, or be understood to comprehend, a power of leasing, or setting in tack, the manor-place, office-houses, gardens, orchards, or inclosures adjacent to the manor-place, which have usually been in the natural possession of the proprietor, or have not been usually let for a longer term than seven years, when the heir in possession was of lawful age; and that no lease of lands shall be granted, under the authority of this Act for the purpose of building villages or houses within three hundred yards of the manor-place in the natural possession of the proprietor.\n\n7 Lease not to be granted for less rent than was payable for the last lease; nor till determination thereof, etc.\nProvided always, that all leases made or to be granted under the authority of this Act, shall be made or granted for a rent not under the rent payable by the last lease or sett, and without grassum fine or foregift, or any benefit whatsoever, directly or indirectly, reserved or accruing to the granter, except the rent payable by the lease; and that no such lease shall be granted till after the end or other determination of any former lease of the same premises, or that such lease, if granted for a time certain, shall be within one year of being determined, and that all leases otherwise granted shall be void and null.\n\n8 Taillie containing ample powers, heir in possession may exercise the same.\nAnd if any taillie shall, either expressly or by implication, contain powers of leasing more ample than are hereby given; the heirs of entail in possession shall be at liberty to exercise all such powers, in the same manner as if this Act had never been made.\n\n9 Proprietor laying out money for improvement of estate to be a creditor to succeeding heir for three fourths thereof;\nAnd whereas it may be highly beneficial to the public, if proprietors of entailed estates were encouraged to lay out money in inclosing, planting, or draining, or in erecting farm-houses, and offices or out-buildings for the same, upon their entailed lands and heritages: And whereas such proprietors may be induced and encouraged so to do, if they, their executors and assigns, were secured in recovering a reasonable satisfaction for the money expended in making such improvements, from the succeeding heirs of entail; Be it therefore enacted by the authority aforesaid, that every proprietor of an entailed estate who lays out money in inclosing, planting, or draining, or in erecting farm-houses, and offices or out-buildings for the same, for the improvement of his lands and heritages, shall be a creditor to the succeeding heirs of entail for three fourth parts of the money laid out in making the said improvements.\n\n10 provided the same do not exceed 4 years free rent after deduction of burdens, etc.\nProvided always, that the sum or sums of money laid out upon such improvements, by any one heir of entail during his or her possession, shall not, in any case whatever, be effectual to constitute a claim against the succeeding heir of entail, for more than four years free rent of the said entailed estate, after deduction of all publick burdens, life-rents, and interests of debts, which may affect the said estate, as the same shall happen to be at the first term of Whitsunday after the death of the heir who expended the money claimed.\n\n11 Proprietor intending to lay out money on improvements to give notice thereof; and lodge a copy thereof with sheriff or steward clerk;\nProvided also, that every proprietor of an entailed estate, who intends to lay out money on such improvements, shall, three months at least before he begins to execute the same, give notice in writing to the heir of entail next entitled to succeed to the said estate after the heirs of the body of the said proprietor, if within Great Britain or Ireland, and if the heir next entitled to succeed is not within Great Britain or Ireland, shall give notice in writing to the nearest male relation by his father of lawful age, or to his known factor or attorney, of such his intention, specifying in such notice the kind of improvement intended, and the farms or parts of the estate upon which the improvements are intended to be made; and shall lodge a copy thereof with the sheriff or steward clerk of the county wherein the lands lie.\n\n12 and laying out money with intent to become a creditor, to lodge annually with the sheriff or steward clerk, an account of money expended, etc.\nProvided likewise, that the proprietor of an entailed estate, who lays out money in making improvements upon his entailed estate, with an intent of being a creditor to the succeeding heirs of entail in the manner above expressed, shall annually, during the making such improvements, within the space of four months after the term of Martinmas, lodge with the sheriff or steward clerk of the county within which the lands and heritages improved are situated, an account of the money expended by him in such improvement during twelve months preceding that term of Martinmas, subscribed by him, with the vouchers by which the account is to be supported when payment shall be demanded or sued for.\n\n13 Heir of entail laying out 4 years free rent, subsequent heir not to lay out more.\nProvided also, that when a sum equal to four years free rent shall have been laid out, in manner above-mentioned, by one or more heir or heirs of entail, and shall remain a subsisting charge against the succeeding heirs; it shall not be lawful for any subsequent heir or heirs to lay out any more money under the authority of this Act, for any of the improvements afore-mentioned.\n\n14 Sheriff and steward clerks to record vouchers and make copies thereof. Fees for the same.\nAnd that all sheriff clerks, with whom the accounts, vouchers, and copies of notice shall be lodged, shall, within the space of one month thereafter, record them in a book to be kept for that purpose, and return them when called for; and shall make the book patent to all persons desirous to see the same; and shall give certified copies or extracts of all accounts, vouchers, and copies of notice recorded, they receiving for their trouble the usual fees for recording writings and giving out extracts, and sixpence sterling from each person who shall have inspection of the book wherein the accounts, vouchers, and copies of notice shall be recorded.\n\n15 Successive claims may be made for money expended, with interest. On nonpayment within 3 months, action may be instituted against heir in possession. Persons obtaining decree, to have preference of other creditors.\nAnd that the executor or executors, assignee or assigns, or other person or persons, having right to the claim arising from money expended by the proprietor of an entailed estate in the improvement thereof, may after the expiration of one year from the death of the heir who expended the money, require the heir next succeeding to the estate, to pay such part thereof as is due by the authority of this Act, with the legal interest, from the term at which the succeeding heir’s right to the rents of the estate did commence, upon receiving a proper discharge and assignment of the said claim; and if the money is not paid within three months of such requisition, it shall then be lawful for the person or persons having right, to institute an action in the Court of Session against the heir then in possession, for compelling him to pay the money, and interest thereof; and upon obtaining a decree, he, she, or they shall be at liberty to use every kind of diligence or execution, authorized by the law of Scotland in recovering payment of debts, excepting adjudication against the entailed estate improved; and in all questions of competition for the rents of the entailed estate, the person or persons who have sued for and obtained a decree under the authority of this Act, or the person or persons having right to such decree, shall be preferred to the other creditors of the heir of entail who has succeeded to the estate.\n\n16 Heir sued for money due for improvements, to be discharged, on conveying to creditors one third of clear rents, etc.\nProvided always, that when any heir in possession is sued for the money due on account of improvements made upon an entailed estate, under the authority of this Act, he shall be discharged in all cases from such suit, upon his assigning and effectually conveying to the creditor or creditors one third part of the clear rents of the entailed estate, during his life, or until the money so due shall thereby be paid off and discharged.\n\n17 Persons in the right of money due, may sue the heirs of next heir, or heir next succeeding, and, in competition, shall be preferred to personal creditors, and likewise succeeding heirs, with like preference.\nAnd whereas it may happen that the heir of entail, who next succeeds the proprietor who expended the money in the improvement of the entailed estate may die before the money due by him on account of improvements made upon the estate is paid, by which the person or persons in the right of the money due may be embarrassed in recovering payment: For remedy whereof, the person or persons in the right of the money due, may either sue the heirs and successors of the said next heir of entail in any other than the entailed estate, or the heir of entail next succeeding to him, or both, and use every kind of diligence or execution, authorized by the law of Scotland in the recovering payment of debts, against them and their estates, excepting adjudication against the entailed estate, until the money due is fully satisfied and paid; and the person or persons in the right of the money due shall, in any competition for the rents of the entailed estates, be preferred to the personal creditors of the heir of entail in possession; and the person or persons in the right of the money due, in like manner shall be intitled to sue every succeeding heir of entail, until the money is satisfied and paid; and shall have the same preference to the rents of the entailed estate in competition, with the creditors of such heirs of entail.\n\n18 Relief, competent to successive heirs, to the extent of one third part of the rents.\nProvided always, that the heir who next succeeds in the entailed estate to the proprietor who expended the money, under the authority of this Act, in making improvements upon the estate, and the heirs and successors of such heir, shall be bound to relieve all subsequent heirs of all or such parts of the debt, incurred by the improvement of the estate under the authority of this Act, as shall be paid by them, to the extent of one third part of the rents which have come to the use of such first succeeding heir, or to the use of his heirs or executors; and when the third part of the rents which have come to the use of the first succeeding heir, or to his heirs or executors, are exhausted, then the next succeeding heir, and his heirs and successors, shall in like manner be bound to relieve all subsequent heirs, to the extent of one third part of the rents which have come to their use; and relief shall in like manner be competent to every succeeding heir who shall pay, against the heirs and successors of the preceding heir.\n\n19 Heirs of entail, etc. sued on account of improvements, shall be discharged, on payment of one third of their rents.\nProvided also, that when the heirs and successors of an heir of entail, in any other than the entailed estate, are sued for the money due on account of improvements made upon an entailed estate under the authority of this Act, they shall be discharged in all cases from such suits, upon making payment of one third part of the rents of the entailed estate which have come to the use of such heir of entail, or to the use of his said heirs or successors.\n\n20 Claimant of money expended by proprietor, to require payment, within 2 years after his decease, of succeeding heir: and on nonpayment for 6 months, to institute action etc.\nAnd whereas inconveniences and confusion might arise from the executor, assignee, or other person or persons having right to the claim arising from money expended by the proprietor of an entailed estate in the improvement thereof, their not timeously requiring the heir next succeeding in the estate to pay what they are entitled to receive by authority of this Act, and suing such heir to compel him to pay, if payment is not made: For remedy whereof, the executor, assignee, or other person or persons having right to the claim arising from money expended by the proprietor of an entailed estate in the improvement thereof, shall be obliged, within the space of two years after the death of the proprietor who expended the money, to require payment from the succeeding heir; and within the space of six months after the lapse of the said two years to institute an action if the money is not paid, in the Court of Session; and to proceed without delay in recovering a decree for the sum due, and doing exact diligence for recovering payment thereof, or at least to the amount of one third part of the free rents of the estate which shall have become due to such succeeding heir.\n\n21 but neglecting so to do, and not recovering one third part of rents, etc. before his decease, shall cease to be creditor to subsequent heirs for such sum; and such third part to be recoverable only from executors, etc. of first heirs, etc. and surplus from subsequent succeeding heirs.\nProvided always, that the executor, assignee, or other person or persons, having right to the claim arising from money expended by the proprietor of an entailed estate, who shall neglect to require the next, or any other succeeding heir or heirs to pay, and shall allow such succeeding heir or heirs to die without recovering payment from him or them to the amount of one third part at least, of the rents that shall have become due to such heir or heirs, shall cease to be creditor to the subsequent succeeding heir or heirs respectively, to the extent of one third part of the rents which shall have become due to the heir or heirs so deceasing as aforesaid; and shall be intitled to recover payment of his claim to the extent of such third part of the rents, from the executors or heirs only of the first or any other succeeding heir or heirs, in any other estate than the entailed estate; and shall be intitled to recover payment of the surplus of his claim, if any be, and no more, from the subsequent succeeding heir or heirs respectively.\n\n22 Heir first succeeding, not living long enough to be indemnified for what he pays, his executors may sue succeeding heir of entail for relief, etc. Like relief to executors of every heir who is not repaid.\nAnd whereas it may happen that the heir, who next succeeds to the proprietor who expended money in making improvements upon an entailed estate, may pay all or part of the money due on account of such improvements, and may not live so long as to be indemnified by the third part of the rents which shall come to his use, or to the use of his heirs or executors; if the heir who first succeeds in the entailed estate to the proprietor who expended the money, does pay all or part of the money due on account of the improvements made, and shall not live long enough to be indemnified of what he pays by one third part of the rents that shall come to his use, or to the use of his heirs or executors; it shall be competent to his executors or assigns to sue the succeeding heir of entail for relief of such part of the money as shall not be repaid by the third part of the rents which have come to his use, or to the use of his heirs or executors; and relief shall in like manner be competent to the executors or assigns of every heir of entail who pays more than is repaid by the third part of the rents which have come to his use, or to the use of his heirs and executors.\n\n23 Money expended in making improvements, not to be made use of as a ground of debt for adjudging estates.\nAnd no money expended in making improvements upon an entailed estate, for which a decree shall be obtained in the Court of Session, shall be made use of as a ground of debt for adjudging the estate upon which the improvements have been made; and if any decree of adjudication shall be obtained against the entailed estate for such debts, every such decree shall and is hereby declared to be void.\n\n24 Heir of entail succeeding to estate upon which improvements have been made, excluded from making claim of debt.\nAnd if the heir of entail who shall succeed to an entailed estate upon which improvements have been made, shall have right to a claim of debt arising from the making of such improvements as next of kin, or by the will or settlements of the heir of entail who expended the money; in every such case, the claim of debt shall and is hereby declared to be extinguished for ever, and shall never be set up as a debt against any succeeding heir.\n\n25 On judgment obtained against heir for whole debt created by improvements, defender to be liable in full costs; if otherwise, court to award costs at discretion.\nAnd if any heir of entail, against whom a debt is created for improvements made on the entailed estate to which he succeeds, shall refuse to pay the money required of him under the authority of this Act, and that decrees shall be obtained against him for the whole of the sum or sums of money of which he shall be required to make payment; in every such case the defender shall be liable in full costs of suit; and if decree is not obtained for the full sum or sums of money of which payment has been required, it shall be in the discretion of the court to award costs of suit to either party, as the justice of the case shall direct.\n\n26 Heir of entail, after having completed improvements, may bring action of declarator, etc. and produce evidence of money laid out. Court of Session, etc. may decree what sum shall be a charge on succeeding heirs, etc.\nAnd whereas questions may arise concerning the amount of the sums laid out under the authority of this Act, at a great distance of time, when the material witnesses may be dead: For remedy whereof and for ascertaining, in due time, the amount of the sums so expended: it shall and may be lawful for every heir of entail, after he shall have laid out money upon the improvement of his entailed estate as aforesaid, and shall have completed the improvement of all or any particular part of such estate, to bring, if he shall think proper, an action of declarator before the Court of Session, or a process before the sheriff, in which he shall call the heir next intitled to succeed after the heirs of his own body, and shall in such suit produce proper evidence of the money laid out in such improvements; and the said next heir, or any other heir of entail, shall be intitled to produce proper evidence to set aside or diminish the said claim: and it shall and may be lawful for the said Court of Session, or for the said sheriff, to pronounce a decree for such part of the said sum, as, by the true intent and meaning of this Act is intended to become a charge against the succeeding heirs in the said entailed estate; which decree, if pronounced by the sheriff, shall become final, unless carried to the Court of Session by suspension within six months after the same shall have been pronounced; and if pronounced by the Court of Session, either in such process of declarator or suspension, shall be final if an appeal is not brought within twelve months.\n\n27 Heir of entail building mansion-house, etc. to be a creditor to succeeding heir for three fourth parts of the expence:\nAnd whereas it frequently happens that there are not, upon entailed estates, mansion-houses and offices suitable to the estates, and fit for the accommodation of the heirs of entail; and that mansion-houses and offices upon entailed estates are sometimes destroyed by fire, or from other accidental causes, or become insufficient by length of time; and it being beneficial to the public to encourage heirs of entail, in such cases, to build houses and offices suitable to their estates, and fit for the accommodation of their families; Be it therefore enacted by the authority aforesaid, that every heir of entail who lays out money in building a mansion-house or offices, or in repairing or adding to the mansion-house or offices upon his estate, shall be a creditor to the next succeeding heir of entail for three fourth parts of the money expended by him.\n\n28 but the same is not to exceed 2 years rent, after burdens, etc. deducted.\nProvided always, that the sum or sums of money laid out by any one heir of entail, in the building a mansion-house or offices, or in the repairing or adding to the mansion-houses or offices, shall not, in any case whatever, be effectual to constitute a claim against the succeeding heir of entail for more than two years rent of the said entailed estate, after deduction of all publick burdens, life rents, and interests of debts, which may affect the said estate, as the same shall happen to be at the first term of Whitsunday after the death of the heir who expended the money claimed.\n\n29 Proprietors laying out money, to give notice, and record copies thereof.\nProvided also, that the proprietor of the entailed estate, who lays out the money, shall, previous thereto, give notice in writing to the heir of entail next entitled to succeed to the said estate after the heirs of his own body; and record copies of the same, together with the accounts of the money expended, and the vouchers thereof, in the sheriff court books of the county within which the mansion-houses and offices are situated, in the form and manner above directed with regard to monies expended in making improvements upon entailed estates.\n\n30 Persons having right to claim for money expended by proprietor in building mansion-house, etc. may, within a year after decease, require heir succeeding to pay the whole, with interest: and on non-payment for three months, may sue.\nAnd the executor or executors, assignee or assignees, or other person or persons having right to the claim arising from money expended by the proprietor of an entailed estate, in the building a mansion-house or offices, or in the repairing or adding to the mansion-house or offices upon his estate, may, after the expiration of one year from the death of the heir who expended the money, require the heir next succeeding to the estate to pay the whole; or such part thereof as is due by the authority of this Act, with the legal interest from the term at which the succeeding heir’s right to the rents of the estate did commence, upon receiving a proper discharge and assignment of the said claim; and if the money is not paid within three months of such requisition, it shall be lawful for the person or persons having right, to sue the next succeeding heir in the manner above directed for the recovering of money expended in the improvement of entailed estates.\n\n31 Rules enacted with respect to proprietors making improvements extended to claims here mentioned.\nAnd the same rules of relief among succeeding heirs of entail, and their heirs and successors, of the claim of debt, and of preference in competition for rents, and in subjecting defenders to the payment of costs, and for ascertaining the amount of the sum laid out, shall take place with regard to monies expended in the building, repairing, or adding to the mansion-houses or offices upon entailed estates under the authority of this Act, as are before enacted, with respect to monies expended by proprietors of entailed estates, in making improvements upon their estates for increasing the rents and value of them.\n\n32 Proprietors of entailed estates impowered to exchange lands:\nAnd whereas it may frequently happen, that the inclosing of lands in Scotland may be retarded or prevented, or at least rendered inconvenient, by heirs of entail not having it in their power to exchange small parcels of the lands of their entailed estates for other lands convenient for the entailed estate; and more conducive to the improvement of the country in general: For remedy whereof, it shall and may be lawful for proprietors of entailed estates to excamb or make exchanges of land, with all and every person or persons, for the conveniency and advantage of the said estates, and for the improvement of the country where such estates are situated, by inclosing or otherways.\n\n33 Limitation of quantity to be exchanged; for which an equivalent is to be made from lands contiguous. Value of lands exchanged, how to be adjusted, and property thereof determined.\nProvided, that not more than thirty acres of arable land, nor more than one hundred acres of lands consisting of hills or other grounds incapable or improper by their nature for culture by the plough, of such entailed estates, lying together in one place or plot, shall be given in exchange; and that an equivalent in land, contiguous to the entailed estate with which the exchange is to be made shall be received in place of the land given in exchange: and for ascertaining and adjusting the value of the lands proposed to be exchanged, an application shall be made for that purpose by the proprietor of the entailed estate, to the sheriff or steward of the county within which the entailed estate is situated, who thereupon shall appoint two or more skilful persons to inspect and adjust the value of the lands proposed to be excambed or exchanged; and upon such persons settling the marches of the lands proposed to be exchanged, and reporting upon oath that the exchange will be just and equal, the sheriff or steward may, and is hereby required to authorize the exchange to be made by a contract of excambion; and which being executed and recorded in the sheriff or steward books within three months after the execution thereof, the same shall be effectual to all intents and purposes; and the land given in exchange to the entailed estate shall be held to be a part thereof, and shall be subject to all the prohibitory, irritant, and resolutive clauses of the entail, in the same manner as if it had been originally a part of the estate; and the lands given from the entailed estate shall from thenceforth be held as out of the entail and be liberated from all the prohibitory, irritant, and resolutive clauses thereof.\n\n34 This Act to extend to all tallies made in Scotland, whether prior or posterior to the Act of 1685.\nAnd this Act shall extend to, and comprehend, all tallies of lands or heritages in . . . Scotland, made or to be made, and whether prior or posterior to the said Act made in the year one thousand six hundred and eighty-five.","title":""}
{"_id":"text_ukpga_Vict_32-33_44","text":"[2nd August 1869]\n\n1 Short title.\nThis Act may be cited as The Greenwich Hospital Act, 1869; . . .\n\n2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n3 Admission of invalids, &c. to benefits of hospital.\nThe Admiralty may, under regulations to be from time to time made by them, admit temporarily or permanently to the benefits of Greenwich Hospital non-commissioned officers and men of the royal navy and marines who, although not in receipt of naval pensions, have been, before or after the passing of this Act, discharged as invalided for disease or wounds contracted or received in or by the service of the Crown, or are infirm and helpless.\n\n4 Transfer of invalids to naval hospital, &c.\nThe Admiralty may, under regulations to be from time to time made by them, send any non-commissioned officers or men admitted to the benefits of Greenwich Hospital to a . . . hospital or infirmary, to be there maintained at the expense of Greenwich Hospital.\n\n5 Power to substitute pensions for maintenance.\nThe Admiralty may, under regulations to be from time to time made by them appoint to non-commissioned officers and men admitted to the benefits of Greenwich Hospital, in lieu of maintaining them in or at the expense of Greenwich Hospital, such special Greenwich Hospital pensions as to the Admiralty shall seem fit, according to the circumstances of each case, . . .\n\n6 Approval of regulations.\nRegulations made by the Admiralty under this Act shall not have effect unless and until they are approved by Her Majesty in Council.\n\n7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n8 Greenwich Hospital income account.\nHer Majesty’s Paymaster General shall continue to keep in his books the separate account, called the Greenwich Hospital income account, opened by him under the Greenwich Hospital Act, 1865.\n\n9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n11 Transfer of naval pensions of men maintained.\nThe naval pensions of such non-commissioned officers and men as are for the time being maintained in or at the expense of Greenwich Hospital shall not be paid to them individually, but so much of the money annually provided and appropriated by Parliament for naval pensions as would be applicable to the payment of the naval pensions of those officers and men shall be paid into the Bank of England under the direction of the Admiralty to the cash account of Her Majesty’s Paymaster General, who shall carry the same to the Greenwich Hospital income account.\n\n12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nSCHEDULE\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .","title":""}
{"_id":"text_ukpga_1968_49","text":"[26th July 1968]\n\nPart I Administration\n\nPerformance of their duties by local authorities\n\n1 Local authorities for the administration of the Act.\n(1) It shall be the duty of a local authority to enforce and execute within their area the provisions of this Act , Part 2 of the Children (Scotland) Act 1995 (c.36) or Parts 5, 6, 9 to 11, 13 to 16, and 18 of the Children’s Hearings (Scotland) Act 2011 (asp 1) with respect to which the duty is not expressly, or by necessary implication, imposed on some other authority.\n(2) The local authorities for the purposes of this Act shall be councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4) The functions of local health authorities in respect of their areas under the following enactments—\n(a ) . . .\n(b) Mental Health (Care and Treatment) (Scotland) Act 2003 . . . ; . . .\n(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\nare hereby transferred to the local authorities of those areas.\n(5) On the date of the commencement of Part III of this Act the functions of education authorities in relation to the establishments which immediately before that date were approved schools and the children resident therein shall be transferred to the local authorities in whose areas the said children are ordinarily resident or, in the case of children who have no ordinary residence in Scotland, such local authorities as the Secretary of State may determine.\n(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n3 Chief social work officer.\n(1) For the purposes of their functions under this Act and the enactments mentioned in section 5(1B) of this Act, a local authority shall appoint an officer to be known as the chief social work officer.\n(2) The qualifications of the chief social work officer shall be such as may be prescribed by the Secretary of State.\n\n4 Provisions relating to performance of functions by local authorities.\nWhere a function is assigned to a local authority under this Act or section 25 (provision of care and support services for persons who have or have had a mental disorder), 26 (provision of services designed to promote well-being and social development of such persons) or 27 (assistance with travel in connection with such services) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) or Part II of the Children (Scotland) Act 1995 or any of Parts 5, 6, 9 to 11, 13 to 16, and 18 of the Children’s Hearings (Scotland) Act 2011 (asp 1) or Part 2, 3, 4, 5 or 6 of the Carers (Scotland) Act 2016, and a voluntary organisation or other person, including another local authority, is able to assist in the performance of that function, the local authority may make arrangements with such an organisation or other person for the provision of such assistance as aforesaid.\n\nCentral Authority\n\n5 Powers of Secretary of State.\n(1) Local authorities shall perform their functions under this Act , Part 2 of the Children (Scotland) Act 1995, the Social Care (Self-directed Support) (Scotland) Act 2013 (asp 1) Part 6 (in so far as it applies to looked after children) and Parts 12 and 13 of the Children and Young People (Scotland) Act 2014 (asp 8) , Parts 5, 6, 9 to 11, 13 to 16, and 18 of the Children’s Hearings (Scotland) Act 2011 (asp 1) and the Carers (Scotland) Act 2016 under the general guidance of the Secretary of State.\n(1A) Without prejudice to subsection (1) above, the Secretary of State may issue directions to local authorities, either individually or collectively, as to the manner in which they are to exercise any of their functions under this Act or any of the enactments mentioned in subsection (1B) below; and a local authority shall comply with any direction made under this subsection.\n(1B) The enactments referred to in subsection (1A) above are—\n(a) this Act as read with sections 1 and 2(1) of the Chronically Sick and Disabled Persons Act 1970 and the Disabled Persons (Services, Consultation and Representation) Act 1986;\n(b) Part IV of the Children and Young Persons (Scotland) Act 1937;\n(c) section 22(2) to (5A), (7) and (8), section 26(2) to (4) and sections 43, 45, 47 and 48 of the National Assistance Act 1948;\n(d) the Disabled Persons (Employment) Act 1958;\n(e) sections 10 to 12 of the Matrimonial Proceedings (Children) Act 1958, and sections 11 and 12 of the Guardianship Act 1973;\n(f) sections 44, 51 and 216 of the Criminal Procedure (Scotland) Act 1995;\n(g) the Children Act 1975;\n(h) the Adoption Act 1976;\n(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(j) sections 21 to 23 of the Health and Social Services and Social Security Adjudications Act 1983;\n(k) the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13);\n(l) the Foster Children (Scotland) Act 1984;\n(m) sections 38(b) and 235 of the Housing (Scotland) Act 1987;\n(n) the Access to Personal Files Act 1987; . . .\n(o) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(p) Part II of the Children (Scotland) Act 1995;\n(q) the Adoption and Children (Scotland) Act 2007 (asp 4);\n(r) the Social Care (Self-directed Support) (Scotland) Act 2013 (asp 1);\n(s) Parts 5, 6, 9 to 11, 13 to 16, and 18 of the Children’s Hearings (Scotland) Act 2011(asp 1);\n(t) Part 6 (in so far as it applies to looked after children) of the Children and Young People (Scotland) Act 2014 (asp 8);\n(u) the Carers (Scotland) Act 2016.\n(1C) In subsections (1) and (1B) of this section, the references to looked after children are to be construed in accordance with section 17(6) of the Children (Scotland) Act 1995.\n(2) The Secretary of State may make regulations in relation to—\n(a) the performance of the functions assigned to local authorities by this Act;\n(b) the activities of voluntary organisations in so far as those activities are concerned with the like purposes;\n(c) the performance of the functions of local authorities under any of the enactments mentioned in paragraphs (b), (d), (e), (g), (h), (i), (l) , (o) ,(p) , (q) and (s) of subsection (1B) above;\n(d) . . ..\n(3) Without prejudice to the generality of subsection (2) above, regulations under this section may make such provision as is mentioned in subsection (4) of this section as regards—\n(a) the boarding out of persons other than children by local authorities and voluntary organisations, whether under any enactment or otherwise; and\n(b) the placing of children under paragraph (a), or the making of arrangements in respect of children under paragraph (c), of section 26(1) of the Children (Scotland) Act 1995, by local authorities.\n(4) The provision referred to in subsection (3) of this section is—\n(a) for the recording—\n(i) by local authorities and voluntary organisations, of information relating to those with whom persons are so boarded out, or who are willing to have persons so boarded out with them; and\n(ii) by local authorities, of information relating to those with whom children are so placed or with whom such arrangements are made or who are willing to have children so placed with them or to enter into such arrangements;\n(b) for securing that—\n(i) persons are not so boarded out in any household unless it is for the time being approved by such local authority or voluntary organisation as may be prescribed by the regulations; and\n(ii) children are not so placed or, in accordance with such arrangements, provided with accommodation, in any household unless it is for the time being approved by the local authority placing the child or as the case may be making the arrangements;\n(c) for securing that, where possible, the person with whom a child is so placed or with whom such arrangements are made is either of the same religious persuasion as the child or gives an undertaking that the child shall be brought up in that persuasion;\n(d) for securing—\n(i) that a person who is, and the place in which he is, so boarded out by a local authority or voluntary organisation is supervised and inspected by that authority or organisation; and\n(ii) that a child who is, and the place in which he is, so placed or, in accordance with such arrangements, provided with accommodation, by a local authority is supervised and inspected by that authority,\nand that he shall be removed from the place in question if his welfare appears to require it.\n(5) In subsections (3) and (4) of this section, “child” means a person who is under the age of 18.\n\n5A Local authority plans for community care services.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n5B Complaints procedure.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n6 Supervision of establishments providing accommodation for persons and inspection of records etc.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n6A Inquiries.\n(1) Without prejudice to section 6B(1) of this Act, the Secretary of State may cause an inquiry to be held into—\n(a) the functions of a local authority under this Act or any of the enactments mentioned in section 5(1B) of this Act;\n(b) the functions of an adoption society, within the meaning of section 119(1) of the Adoption and Children (Scotland) Act 2007 (asp 4);\n(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(d) the detention of a child under—\n(i) section 57 of the Children and Young Persons (Scotland) Act 1937; or\n(ii) section 44 , 205ZC(5) or 208 of the Criminal Procedure (Scotland) Act 1995; ...\n(e) the functions of the Principal Reporter under the Children’s Hearings (Scotland) Act 2011 (asp 1) or any other enactment; or\n(f) the functions conferred on the National Convener of Children’s Hearings Scotland by virtue of the Children’s Hearings (Scotland) Act 2011 (asp 1).\n(2) The Secretary of State may, before an inquiry is commenced, direct that it shall be held in private, but where no such direction has been given the person holding the inquiry may if he thinks fit hold it or any part of it in private.\n(3) Subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (powers in relation to local inquiries) shall apply in relation to an inquiry under this section as they apply in relation to a local inquiry under that section.\n\n6B Local authority inquiries into matters affecting children.\n(1) Without prejudice to section 6A(1) of this Act, a local authority may cause an inquiry to be held into their functions under this Act, or any of the enactments mentioned in section 5(1B) of this Act, in so far as those functions relate to children.\n(1A) Where a function mentioned in subsection (1) is delegated by a local authority to a person in pursuance of an integration scheme prepared under section 1 or 2 of the Public Bodies (Joint Working) (Scotland) Act 2014, this section applies to that person as it applies to a local authority (but subject to the modification in subsection 1B).\n(1B) The modification is that the reference in subsection (3) to an officer of the local authority must be construed as if it were a reference to a member of staff of the person to whom the function is delegated.\n(2) The local authority may, before an inquiry under this section is commenced, direct that it be held in private; but where no such direction is given, the person holding the inquiry may if he thinks fit hold it, or any part of it, in private.\n(3) Subsections (2) to (6) of section 210 of the Local Government (Scotland) Act 1973 (powers in relation to local inquiries) shall apply in relation to an inquiry under this section as they apply in relation to a local inquiry under that section, so however that, for the purposes of the application, any reference in those subsections to a Minister shall be construed as a reference to the local authority and any reference to an officer of his Department as a reference to an officer of that authority.\n(4) The expenses incurred by a local authority in relation to an inquiry under this section (including such reasonable sum as the authority may determine for the services of any of their officers engaged in the inquiry) shall, unless the authority are of the opinion that those expenses should be defrayed in whole or in part by them, be paid by such party to the inquiry as they may direct; and the authority may certify the amount of the expenses so incurred.\n(5) Any sum certified under subsection (4) above and to be defrayed in accordance with a direction under that subsection shall be a debt due by the party directed and shall be recoverable accordingly.\n(6) The local authority may make an award as to the expenses of the parties at the inquiry and as to the parties by whom such expenses shall be paid.\n\n7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nResearch, training courses and financial and other assistance\n\n8 Research.\n(1) The Secretary of State may conduct or assist other persons in conducting research into any matter connected with his functions or the functions of local authorities in relation to social welfare, and with the activities of voluntary organisations connected with those functions.\n(2) Any local authority may conduct or assist other persons in conducting research into any matter connected with their functions in relation to social welfare.\n(3) The Secretary of State and any local authority may make financial assistance available in connection with any research which they may conduct or which they may assist other persons in conducting under the provisions of this section.\n\n9 Training courses and grants for training in social work.\n(1) The Secretary of State may provide courses of training for persons with a view to, or in the course of, their employment or the use of their services for the purposes of this Act , Part 2 of the Children (Scotland) Act 1995 (c.36) or the Children’s Hearings (Scotland) Act 2011 (asp 1).\n(2) The Secretary of State may make grants of such amounts, and subject to such conditions, as he may with the consent of the Treasury determine towards any fees or expenses incurred by persons undergoing training for any of the purposes of this Act , Part 2 of the Children (Scotland) Act 1995 (c.36) or the Children’s Hearings (Scotland) Act 2011 (asp 1) in circumstances such that it appears to the Secretary of State requisite that the grants should be made, and may defray or contribute towards the cost of maintenance of persons undergoing such training.\n(3) The Secretary of State may make grants of such amounts, and subject to such conditions, as he may with the consent of the Treasury determine towards expenses incurred by any body of persons in providing training as aforesaid.\n\n10 Financial and other assistance to voluntary organisations etc., for social work.\n(1) The Secretary of State may make grants and loans of such amounts, and subject to such conditions, as he may with the consent of the Treasury determine towards expenses incurred by voluntary organisations or other persons engaged in any activity connected\n(a) his functions; with—\n(b) the functions of local authorities,\nunder this Act or under the mentioned in paragraphs (b),(d),(e),(g),(h),(i), (l) , (p) and (u) of section 5(1B) of this Act, in circumstances where it appears to the Secretary of State that such grants or loans should be made.\n(1A) The Scottish Ministers may make grants and loans of such amounts, and subject to such conditions, as they may determine to a voluntary organisation engaged as is mentioned in subsection (1) above to enable that organisation (in this section referred to as the “primary organisation”) to make grants and loans (in this section referred to as “secondary grants and loans”) to other voluntary organisations, or other persons, so engaged, in circumstances where it appears to the primary organisation that the secondary grants and loans should be made; and the Scottish Ministers may require that any secondary grant be subject to such conditions (including conditions for securing the repayment in whole or in part of that grant) as they may specify.\n(2) The conditions on which any grants are paid by the Scottish Ministers under subsection (1) or (1A) above may include conditions for securing the repayment in whole or in part of such grants.\n(3) A local authority may make contributions by way of grant or loan to any voluntary organisation the sole or primary object of which is to promote social welfare.\n(3A) In subsection (3) above, “voluntary organisation the sole or primary object of which is to promote social welfare” includes a person providing, as mentioned in paragraph 8(1)(b) of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8), an adoption ... service registered under Part 5 of that Act.\n(4) A local authority may also make available to such a voluntary organisation as aforesaid the use of premises belonging to the authority on such terms as may be agreed, and furniture, vehicles or equipment (whether by way of gift, loan or otherwise) and the services of any staff employed by the authority in connection with the premises or other things belonging to the local authority which the voluntary organisation is permitted to use.\n(5) On the commencement of this Act, the power of the Secretary of State to give financial assistance and of local authorities to give financial and other assistance under section 65 of the Health Services and Public Health Act 1968 and section 16B of the National Health Service (Scotland) Act 1978 shall cease in so far as any such assistance may be given under this section.\n\nAcquisition of land\n\n11 Acquisition of land.\n(1) A local authority may be authorised by the Secretary of State to purchase compulsorily any land, whether situated in or outside their area for the purposes of any of their functions under this Act , Part 2 of the Children (Scotland) Act 1995 (c.36) or the Children’s Hearings (Scotland) Act 2011 (asp 1).\n(2) The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply in relation to the compulsory purchase of land under this section as if the last foregoing subsection had been in force immediately before the commencement of that Act.\n\nPart II Promotion of Social Welfare by Local Authorities\n\nGeneral\n\n12 General social welfare services of local authorities.\n(1) It shall be the duty of every local authority to promote social welfare by making available advice, guidance and assistance on such a scale as may be appropriate for their area, and in that behalf to make arrangements and to provide or secure the provision of such facilities (including the provision or arranging for the provision of residential and other establishments) as they may consider suitable and adequate, and such assistance may , subject to subsections (3) to (5) of this section, be given in kind or in cash to, or in respect of, any relevant person..\n(2) A person is a relevant person for the purposes of this section if, not being less than eighteen years of age, he is in need requiring assistance in kind or, in exceptional circumstances constituting an emergency, in cash, where the giving of assistance in either form would avoid the local authority being caused greater expense in the giving of assistance in another form, or where probable aggravation of the person’s need would cause greater expense to the local authority on a later occasion.\n( 2A )A person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies is not to receive assistance under subsection (1) of this section (whether by way of residential accommodation or otherwise) if his need for assistance has arisen solely—\n(a) because he is destitute; or\n(b) because of the physical effects, or anticipated physical effects, of his being destitute.\n( 2B )Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (2A) as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.\n(3) Before giving assistance to, or in respect of, a person in cash under subsection (1) of this section a local authority shall have regard to his eligibility for receiving assistance from any other statutory body and, if he is so eligible, to the availability to him of that assistance in his time of need.\n(3A) In determining, for the purposes of this section, whether to make available assistance by providing, or securing the provision of, residential accommodation to a person, a local authority shall disregard so much of the person’s resources—\n(a) as may be prescribed; or\n(b) as is determined by them in such a way as may be prescribed,\nand any order made by virtue of this subsection may make different provision for different cases and for different persons.\n(3B) An order made by virtue of paragraph (a) of subsection (3A) of this section may prescribe circumstances in which assistance such as is mentioned in that subsection is to be made available disregarding entirely a person’s resources.\n(3C) In subsections (3A) and (3B) of this section, references to a person’s resources are to resources within the meaning of the order prescribing the amount, or as the case may be the way, in question.\n(3D) A statutory instrument made in exercise of the power conferred by paragraph (a) or (b) of subsection (3A) of this section shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.\n(4) Assistance given in kind or in cash to, or in respect of, persons under this section may be given unconditionally or subject to such conditions as to the repayment of the assistance, or of its value, whether in whole or in part, as the local authority may consider reasonable having regard to the means of the person receiving the assistance and to the eligibility of the person for assistance from any other statutory body.\n(5) Nothing in the provisions of this section shall affect the performance by a local authority of their functions under any other enactment.\n(6) For the purposes of subsection (2) of this section “person in need” includes a person who is in need of care and attention arising out of drug or alcohol dependency or release from prison or other form of detention.\n\n12A Duty of local authority to assess needs.\n(1) Subject to the provisions of this section, where it appears to a local authority that any person for whom they are under a duty or have a power to provide, or to secure the provision of, community care services may be in need of any such services, the authority—\n(a) shall make an assessment of the needs of that person for those services; and\n(b) shall then decide, having regard to the results of that assessment, and taking account—\n(i) if an adult carer provides, or intends to provide, care for that person, of the care provided by that carer,\n(ia) if a young carer provides, or intends to provide, care for that person, of the care provided by that carer,\n(ii) in so far as it is reasonable and practicable to do so, ... of the views of the person whose needs are being assessed ... (provided that ... there is a wish, or as the case may be a capacity, to express a view),\nwhether the needs of the person being assessed call for the provision of any such services.\n(1A) In subsection (1)(b)(i) and (ia), the reference to the care provided by a carer means—\n(a) in the case of an adult carer who has an adult carer support plan, the information about that care set out in that plan,\n(b) in the case of a young carer who has a young carer statement, the information about that care set out in that statement.\n(1B) In—\n(a) assessing the needs of a person for services under subsection (1)(a),\n(b) deciding under subsection (1)(b) whether those needs call for the provision of any services, and\n(c) deciding how any such services are to be provided,\na local authority must take account of the views of the carer, in so far as it is reasonable and practicable to do so.\n(2) Before deciding, under subsection (1)(b) of this section, that the needs of any person call for the provision of nursing care, a local authority shall consult a medical practitioner.\n(3) If, while they are carrying out their duty under subsection (1) of this section, it appears to a local authority that there may be a need for the provision to any person to whom that subsection applies—\n(a) of any services under the National Health Service (Scotland) Act 1978 by the Health Board—\n(i) in whose area he is ordinarily resident; or\n(ii) in whose area the services to be supplied by the local authority are, or are likely, to be provided; or\n(b) of any services which fall within the functions of a housing authority (within the meaning of section 130 (housing) of the Local Government (Scotland) Act 1973) which is not the local authority carrying out the assessment,\nthe local authority shall so notify that Health Board or housing authority, and shall request information from them as to what services are likely to be made available to that person by that Health Board or housing authority; and, thereafter, in carrying out their said duty, the local authority shall take into account any information received by them in response to that request.\n(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4) Where a local authority are making an assessment under this section and it appears to them that the person concerned is a disabled person, they shall–\n(a) proceed to make such a decision as to the services he requires as is mentioned in section 4 of the Disabled Persons (Services Consultation and Representation) Act 1986 without his requesting them to do so under that section; and\n(b) inform him that they will be doing so and of his rights under that Act.\n(5) Nothing in this section shall prevent a local authority from providing or arranging for the provision of community care services for any person without carrying out a prior assessment of his needs in accordance with the preceding provisions of this section if, in the opinion of the authority, the condition of that person is such that he requires those services as a matter of urgency.\n(6) If, by virtue of subsection (5) of this section, community care services have been provided for any person as a matter of urgency, then, as soon as practicable thereafter, an assessment of his needs shall be made in accordance with the preceding provisions of this section.\n(7) This section is without prejudice to section 3 of the said Act of 1986.\n(8) In this section—\n  * “adult carer” and “adult carer support plan” have the meanings given by the Carers (Scotland) Act 2016,\n  * “community care services” means services, other than services for children, which a local authority is under a duty or has a power to provide, or to secure the provision of, under—\n    (a) Part 2 of this Act; or\n    (b) any of the following provisions of the Mental Health (Care and Treatment) (Scotland) Act 2003—\n    (i) section 25 (care and support services etc. );\n    (ii) section 26 (services designed to promote well-being and social development);\n    (iii) section 27 (assistance with travel);\n  * “disabled person” has the same meaning as in the said Act of 1986; and\n  * “medical practitioner” means a fully registered person within the meaning of section 55 (interpretation) of the Medical Act 1983.\n  * “person” means a natural person.\n  * “young carer” and “young carer statement” have the meanings given by the Carers (Scotland) Act 2016.\n\n12AZAAssessments under section 12A: assistance\n(1) Subsection (4) applies where—\n(a) a local authority is required by section 12A(1)(a) to carry out an assessment of the needs of a person (the “supported person”) for community care services,\n(b) it appears to the authority that the supported person falls within subsection (2), and\n(c) the conditions in subsection (3) are satisfied.\n(2) A supported person falls within this subsection if—\n(a) because of mental disorder, the supported person would benefit from receiving assistance from another person in relation to the carrying out of the assessment,\n(b) because of difficulties in communicating due to physical disability, the supported person would benefit from receiving assistance from another person to communicate in relation to the carrying out of the assessment.\n(3) The conditions are—\n(a) there is no guardian, continuing attorney or welfare attorney with powers as respects the provision of assistance in relation to the carrying out of the assessment, and\n(b) an intervention order has not been granted as respects the provision of assistance in relation to the carrying out of the assessment.\n(4) The authority must take reasonable steps—\n(a) to identify persons who are able to assist the supported person, and\n(b) if the supported person agrees, to involve them in assisting the supported person in relation to the carrying out of the assessment or, as the case may be, communicating in relation to the carrying out of the assessment.\n(5) In this section—\n  * “the 2000 Act” means the Adults with Incapacity (Scotland) Act 2000 (asp 4),\n  * “continuing attorney”—\n    (a) means a continuing attorney within the meaning of section 15 of the 2000 Act, and\n    (b) includes a person granted, under a contract, grant or appointment governed by the law of any country, powers (however expressed) relating to the granter's property or financial affairs and having continuing effect despite the granter's incapacity,\n  * “guardian”—\n    (a) means a guardian appointed under the 2000 Act, and\n    (b) includes a guardian (however called) appointed under the law of any country to, or entitled under the law of any country to act for, an adult during the adult's incapacity, if the guardianship is recognised under the law of Scotland,\n  * “intervention order” is to be construed in accordance with section 53 of the 2000 Act,\n  * “mental disorder” has the meaning given by section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13),\n  * “welfare attorney”—\n    (a) means a welfare attorney within the meaning of section 16 of the 2000 Act, and\n    (b) includes a person granted, under a contract, grant or appointment governed by the law of any country, powers (however expressed) relating to the granter's personal welfare and having effect during the granter's incapacity.\n\n12AA Assessment of ability to provide care\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n12AB Duty of local authority to provide information to carer\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n12B Direct payments in respect of community care services.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n12C Further provisions relating to direct payments.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n13 Power of local authorities to assist persons in need in disposal of produce of their work.\nWhere, by virtue of section 12 of this Act, a local authority make arrangements or provide or secure the provision of facilities for the engagement of persons in need (whether under a contract of service or otherwise) in suitable work, that local authority may assist such persons in disposing of the produce of their work.\n\n13ZAProvision of services to incapable adults\n(1) Where—\n(a) a local authority have decided under section 12A of this Act that an adult's needs call for the provision of a community care service; and\n(b) it appears to the local authority that the adult is incapable in relation to decisions about the service,\nthe local authority may take any steps which they consider would help the adult to benefit from the service.\n(2) Without prejudice to the generality of subsection (1) above, steps that may be taken by the local authority include moving the adult to residential accommodation provided in pursuance of this Part.\n(3) The principles set out in subsection (2) to (4) of section 1 of the 2000 Act apply in relation to any steps taken under subsection (1) above as they apply to interventions in the affairs of an adult under or in pursuance of that Act.\n(4) Subsection (1) does not authorise a local authority to take steps if they are aware that—\n(a) there is a guardian or welfare attorney with powers relating to the proposed steps;\n(b) an intervention order has been granted relating to the proposed steps; or\n(c) an application has been made (but not yet determined) for an intervention order or guardianship order under Part 6 of the 2000 Act relating to the proposed steps.\n(5) In this section—\n(a) “ the 2000 Act ” means the Adults with Incapacity (Scotland) Act 2000 (asp 4);\n(b) “ adult ” has the meaning given in section 1(6) of the 2000 Act;\n(c) “ community care service ” has the meaning given in section 5A of this Act;\n(d) “ incapable ” has the meaning given in section 1(6) of the 2000 Act;\n(e) “ intervention order ” is to be construed in accordance with section 53 of the 2000 Act”;\n(f) the reference to a guardian includes a reference to—\n(i) a guardian appointed under the 2000 Act; and\n(ii) a guardian (however called) appointed under the law of any country to, or entitled under the law of any country to act for, an adult during his incapacity, if the guardianship is recognised by the law of Scotland;\n(g) the reference to a welfare attorney includes a reference to—\n(i) a welfare attorney within the meaning of section 16 of the 2000 Act; and\n(ii) a person granted, under a contract, grant or appointment governed by the law of any country, powers (however expressed) relating to the granter's personal welfare and having effect during the granter's incapacity.\n\nResidential accommodation with nursing.\n\n13A Residential accommodation with nursing.\n(1) Without prejudice to section 12 of this Act, a local authority shall\n(a) provide and maintain; or\n(b) make such arrangements as they consider appropriate and adequate for the provision of\nsuitable residential accommodation where nursing is provided for persons who appear to them to be in need of such accommodation by reason of infirmity, age, illness or mental disorder, dependency on drugs or alcohol or being substantially handicapped by any deformity or disability.\n(2) . . . Arrangements made by virtue of subsection (1) above shall be made with a voluntary or other organisation or other person, being an organisation or person providing—\n(a) an independent health care service which is a private psychiatric hospital; or\n(b) a care home service.\n(2A) In subsection (2)(a) above, “independent health care service” and “private psychiatric hospital” have the same meanings as in section 10F of the National Health Service (Scotland) Act 1978 (c.29).\n(2B) In subsection (2)(b) above, “care home service” has the same meaning as in paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8).\n(3) The provisions of section 6 of this Act apply in relation to premises where accommodation is provided for the purposes of this section as they apply in relation to establishments provided for the purposes of this Act.\n(4) No arrangements under subsection (1) above may be given effect to in relation to a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies solely—\n(a) because he is destitute; or\n(b) because of the physical effects, or anticipated physical effects, of his being destitute.\n(5) Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (4) above as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.\n\nProvision of care and after-care\n\n13B Provision of care and after-care\n(1) Subject to subsection (2) below, a local authority may, with the approval of the Secretary of State, and shall, if and to the extent that the Secretary of State so directs, make arrangements for the purpose of the prevention of illness, the care of persons suffering from illness and the after-care of such persons.\n(2) The arrangements which may be made under subsection (1) above do not include arrangements in respect of medical, dental or nursing care, or health visiting.\n(3) No arrangements under subsection (1) above may be given effect to in relation to a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies solely—\n(a) because he is destitute; or\n(b) because of the physical effects, or anticipated physical effects, of his being destitute.\n( 4 )Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (3) above as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.\n\nHome help\n\n14 Home help and laundry facilities.\n(1) It shall be the duty of every local authority to provide on such scale as is adequate for the needs of their area, or to arrange for the provision on such a scale as is so adequate of, home helpdomiciliary services for households where such help isservices are required owing to the presence, or the proposed presence, of a person in need or a person who is an expectant mother or lying-in, and every such authority shall have power to provide or arrange for the provision of laundry facilities for households for which home help isdomiciliary services are being, or can be, provided under this subsection.\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4) On the coming into operation of the provisions of this and the last two foregoing sections, the provisions of sections 13, 44 and 45 of the Health Services and Public Health Act 1968 shall cease to have effect.\n\nSpecial provisions as to the care of children in need\n\n15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n16A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n17A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n17B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n17C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n17D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n17E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n18A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n20A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n25A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nSupervision and care of persons put on probation or released from prisons etc.\n\n27 Supervision and care of persons put on probation or released from prisons etc.\n(1) It shall be a function of every local authority under this Part of this Act to provide a service for the following purposes, that is to say—\n(a) making available to any court such social background reports and other reports relating to persons appearing berfore the court which the court may require for the disposal of a case\n(aa) making available to any children’s hearing such reports relating to persons aged 16 and 17 years in relation to the commission of an offence, as the hearing may require for the disposal of a case;\n(ab) making available to any procurator fiscal or the Lord Advocate such reports as the procurator fiscal or the Lord Advocate may request in relation to persons who are charged with an offence;\n(ac) the provision of advice, guidance and assistance for persons who are in prison or subject to any other form of detention and who—\n(i) resided in their area immediately prior to such imprisonment or detention; or\n(ii) intend to reside in their area on release from such imprisonment or detention,\nand who on release from such imprisonment or detention, it appears to the local authority, will be required to be under supervision under any enactment or by the terms of an order or licence of the Scottish Ministers or of a condition or requirement imposed in pursuance of an enactment;\n(ad) making available, for the purposes of parenting orders under section 13 or 102 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), such services as are required to enable requirements imposed by or under such orders to be carried out in respect of persons in their area;\n(ae) making available to the Scottish Ministers such background and other reports as the Scottish Ministers may request in relation to the exercise of their functions under Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9);\n(b) the supervision of, and the provision of advice, guidance and assistance for—\n(i) persons in their area who are under supervision by order of a court made in exercise of its criminal jurisdiction by virtue of any enactment, and\n(ii) persons in their area who, following on release from prison or any other form of detention, are required to be under supervision under any enactment or by the terms of an order or licence of the Secretary of State or of a condition or requirement imposed in pursuance of any enactment; and\n(iii) without prejudice to sub-paragraphs (i) and (ii) above, persons in the area who are subject to a community payback order imposed under section 227A or 227M of the Criminal Procedure (Scotland) Act 1995 imposing an unpaid work or other activity requirement ; and\n(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(v) without prejudice to sub-paragraphs (i) to (iv) above, persons in their area who are subject to a supervision and treatment order made under section 57(2)(d) of the Criminal Procedure (Scotland) Act 1995;\n(va). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(vb) without prejudice to sub-paragraph (i) above, persons in their area who are under 18 years of age and subject to restriction of liberty orders under section 245A of the said Act of 1995;\n(vi) persons in their area aged 16 and 17 years who are subject to a compulsory supervision order made by virtue of the ground mentioned in section 67(2)(j) of the Children’s Hearings (Scotland) Act 2011 (asp 1);\n(vii) persons in their area who are charged with, but not prosecuted for, any offence and are referred to the local authority by the procurator fiscal or the Lord Advocate; ...\n(viii) persons in their area who are subject to work orders under section 303ZA(6) of the said Act of 1995;\n(c) the provision of advice, guidance and assistance for persons in their area who, within 12 months of their release from prison or any other form of detention, request such advice, guidance or assistance.\n(1A) A local authority may provide advice, guidance or assistance for any person who—\n(a) would fall to be provided for under paragraph (ac) of subsection (1) above but for the fact that it appears to the local authority that he will not be required to be under any form of supervision on release as mentioned in that paragraph; and\n(b) requests such advice, guidance or assistance.\n(1B) Where as respects any person more than one local authority is required by paragraph (ac) of subsection (1) to make such provision as is mentioned in that paragraph, they may agree between themselves that only one of them shall do so; and where there is such agreement the paragraph shall apply accordingly.\n(1C) In paragraphs (ac) and (b)(i) and (ii) of subsection (1) above, “enactment” includes an Act of the Scottish Parliament.\n(1D) The Scottish Ministers may by order amend subsection (1) above so as (any or all)—\n(a) to add to the functions for the time being described;\n(b) to omit any of those functions;\n(c) to alter any of those functions.\n(2) For the purposes of subsection (1) above every local authority shall, ..., prepare a scheme (hereinafter referred to as a community justice scheme) and submit it by such date, as he may require, to the Secretary of State for his approval.\n(3) A community justice scheme shall make provision with regard to the following matters—\n(a) the manner in which any report requested by the court from the local authority is to be prepared and submitted to the court;\n(aa) the matters to be included in such a report;\n(b) arrangements for the attendance of officers of the local authority at the court;\n(c) arrangements for the co-operation of the local authorities with the courts, and such arrangements may include the appointment of one or more sheriffs having jurisdiction in their areas to a committee or sub-committee of such authorities;\n(d) arrangements for the keeping of adequate records and statistics regarding the performance of functions under this section; and\n(e) such other matters as the local authority considers relevant to the service to be provided.\n(4) The Secretary of State may approve a community justice scheme with or without modifications.\n(5) A local authority may apply to the Secretary of State for the revision of a community justice scheme and, if the Secretary of State so requires, shall prepare and submit to the Secretary of State for his approval a revised scheme or a modification of an existing scheme.\n(5A) Before including in a community justice scheme which is made, revised or modified under this section provision for the purposes of subsection (1)(b)(va) or (viii), a local authority shall consult such persons or class or classes of person as the Scottish Ministers may by regulations prescribe.\n(5B) The Scottish Ministers may give local authorities directions in writing as to the content of community justice schemes; and authorities shall comply with any such directions.\n(5C) The power conferred by subsection (5B) above to give a direction shall include power to vary or revoke the direction.\n(6) Any function required by any enactment to be performed by a probation officer shall, after the coming into operation of this Part of this Act, be performed by an officer of the appropriate local authority.\n(7) Section 11 of and Schedule 3 to the Criminal Justice (Scotland) Act 1949 (administrative provisions as to probation) shall cease to have effect.\n\n27ZAAdvice, guidance and assistance to persons arrested or on whom sentence deferred\n(1) It shall be a function of a local authority, if and to such extent as the Scottish Ministers so direct and in accordance with the direction, to provide, directly or indirectly, advice, guidance and assistance to any person (and in particular to any person who appears to the local authority to have dependency problems)—\n(a) who is arrested and detained in police custody in their area, but only during the period of such detention; or\n(b) on whom sentence is deferred under section 202(1) of the 1995 Act, but only during the period of deferment and while that person is in their area.\n(2) The function mentioned in subsection (1)(a) above may continue to be exercised by the local authority while the person is in their area for a period not exceeding 12 months from the date of his release from police custody.\n(3) In subsection (1) above, “ dependency problems ” means problems relating to a dependency on drugs, alcohol or some other substance.\n\n27A Grants in respect of community service facilities\n(1) The Scottish Ministers may make a grant to a local authority of such amount as the Scottish Ministers may determine in respect of expenditure incurred by that local authority in providing a relevant service.\n(1A) In subsection (1) above, a “relevant service” means a service—\n(a) for the purposes mentioned in section 27(1) or 27ZA of this Act;\n(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(c) for such other similar purposes as the Scottish Ministers may prescribe.\n(1B) Any grant made under, or paid by virtue of, subsection (1) above is subject to such conditions as the Scottish Ministers may determine.\n(1A) In a case where two or more local authorities are discharging any function mentioned in section 27(1) or 27ZA of this Act jointly, whether or not in accordance with arrangements made under section 56(5) of the Local Government (Scotland) Act 1973 (c. 65), the power of the Scottish Ministers to make grants under subsection (1) above in respect of expenditure incurred for the purposes mentioned in paragraph (a) of that subsection includes a power to make such grants, on such conditions as are mentioned in that subsection, to a local authority nominated by the local authorities from among their number.\n(2) Before exercising his power under subsection (1A)(c) above the Secretary of State shall consult local authorities and such other bodies as he considers appropriate.\n\n27B Grants in respect of hostel accommodation for persons under supervision.\n(1) The Scottish Ministers may make a grant to a local authority of such amount as the Scottish Ministers may determine in respect of relevant expenditure.\n(1A) In subsection (1) above, “relevant expenditure” means expenditure incurred by, ... that local authority in—\n(a) providing; or\n(b) contributing by way of grant under section 10(3) of this Act to the provision by a voluntary organisation of,\nresidential accommodation wholly or mainly for the persons mentioned in subsection (2) below.\n(1B) Any grant made under, or paid by virtue of, subsection (1) above is subject to such conditions as the Scottish Ministers may determine.\n(2) The persons referred to in subsection (1A) above are–\n(a) persons mentioned in section 27(1)(b)(i) and (ii) of this Act;\n(b) persons who have been charged with an offence and are on bail;\n(c) persons who have been released from prison or any other form of detention but do not fall within section 27(1)(b)(ii) of this Act; and\n(d) such other classes of persons as the Secretary of State may prescribe.\n(3) Before exercising his power under subsection (2)(d) above the Secretary of State shall consult local authorities and such other persons as he considers appropriate.\n\nAncillary\n\n28 Burial or cremation of the dead.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n29 Power of local authority to defray certain travelling expenses.\n(1) A local authority may make payments to any parent, relative or other person connected with —\n(a) a person, other than a child, in the care of the authority or receiving assistance from the authority; or\n(b) a child who is being looked after by the authority,\nin respect of travelling, subsistence or other expenses incurred by the parent, relative or other person in visiting the person or child, if it appears to the authority that the parent, relative or other person would not otherwise be able to visit him without undue hardship and that the circumstances warrant the making of the payments.\n(1A) In subsection (1), “child” has the meaning given by section 93(2)(a) of the Children (Scotland) Act 1995.\n(1B) In subsection (1), the reference to a child who is “looked after” by a local authority is to be construed in accordance with section 17(6) of that Act of 1995.\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nPart III Children in need of Compulsory Measures of Care\n\n30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n31 Restriction on prosecution of children for offences.\n(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3) Part IV of the Children and Young Persons (Scotland) Act 1937 shall have effect subject to the amendments set out in Schedule 2 to this Act.\n\n32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n34A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n36A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n58A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n58B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n58C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n58D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n58E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n58F. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n58G. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nPart IV Residential and other Establishments\n\nProvision of residential and other establishments\n\n59 Provision of residential and other establishments by local authorities, and maximum period for repayment of sums borrowed for such provision.\n(1) Without prejudice to their duties under sections 12 and 13A of this Act, it shall be the duty of a local authority to provide and maintain such residential and other establishments as may be required for their functions conferred under or by virtue of this Act sections 25 and 26 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) , Part 2 of the Children (Scotland) Act 1995 (c.36) , the Criminal Procedure (Scotland) Act 1995 or the Children’s Hearings (Scotland) Act 2011 (asp 1), or arrange for the provision of such establishments.\n(2) For the purpose of discharging their duty under the foregoing subsection a local authority may—\n(a) themselves provide such establishments as aforesaid; or\n(b) join with another local authority in providing those establishments; or\n(c) secure the provision of such establishments by voluntary organisations or other persons including other local authorities.\n(3) The maximum period for the repayment of sums borrowed by a local authority for the purposes of this section shall be such period not exceeding sixty years as may be sanctioned by the Secretary of State; and accordingly in Schedule 6 to the Local Government (Scotland) Act 1947, at the end, there shall be added the following entry, that is to say—\n“Section 59 of the Social Work (Scotland) Act 1968.  Such period not exceeding sixty years as may be sanctioned by the Secretary of State.”\n\n\n59A Grants in respect of secure accommodation for children.\n(1) The Secretary of State may make to a local authority grants of such amount and subject to such conditions as he may with the consent of the Treasury determine in respect of expenditure incurred by the authority in—\n(a) providing;\n(b) joining with another local authority in providing; or\n(c) contributing by way of grant under section 10(3) of this Act to the provision by a voluntary organisation of\nsecure accommodation . . .\n(2) The conditions subject to which grants are made under subsection (1)\nof this section may include conditions for securing the repayment in whole or in part of such grants.\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n60 Control of residential and other establishments.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nRegistration of certain residential and other establishments\n\n61 Restriction on carrying on of establishments.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n61A Voluntary registration.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n62 Registration.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n62A Certificate of registration as respects grant-aided or independent school.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n63 Special provisions for registration by Secretary of State.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n63A Appeals against conditions imposed on registration or subsequently.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n63B Special provisions for jointly registrable establishments.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n64 Appeals against refusal or cancellation of registration.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n64A Registration fees.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n65 Removal of persons from establishments.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n66 Duty to furnish particulars of establishments.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n67 Entry to examine state and management of establishments etc.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n68 Visiting of persons in establishments on behalf of local authorities.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nPart V\n\nAbsence without leave\n\n69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nTransfer\n\n72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nPart VI Contributions in respect of Children in Care etc.\n\n78 Duty to make contributions in respect of children in care etc.\n(1) Where a child is being looked after by a local authority or a compulsory supervision order to which this Part of this Act applies has been made in respect of him, contributions in respect of the child (hereinafter in this Part of this Act referred to as the “maintainable child”) shall be payable—\n(a) while the maintainable child is under sixteen years of age, by any natural person who has parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to him;\n(b) if he is over sixteen years of age . . . , by the maintainable child himself.\n(2) This Part of this Act applies to any compulsory supervision order which requires the child concerned to reside in a place or places other than his own home.\n(2A) No contributions shall be payable under subsection (1)(a) of this section by a contributor during a period when he is in receipt of universal credit under Part 1 of the Welfare Reform Act 2012, income support , an income based jobseeker’s allowance (payable under the Jobseekers Act 1995) , an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance) or family credit.\n(3) In this Part of this Act “contributor” means a person liable to make contributions by virtue of subsection (1) of this section in respect of a maintainable child.\n\n78A Recovery of contributions.\n(1) Section 87 of this Act (charges for services and accommodation)\nshall not apply to the provision of services (including accommodation) under this Act in respect of maintainable children, and the provisions of this section shall apply thereto.\n(2) A local authority providing such services may recover from a contributor a contribution (if any) of such amount as is reasonable and, subject to that, may recover—\n(a) a standard contribution determined by them in respect of maintainable children who are looked after by them; or\n(b) such other contribution as they consider reasonable in the circumstances.\n\n79 Recipients of contributions.\n(1) Subject to the provisions of the following subsection, contributions payable under the last foregoing section shall be payable to the local authority within whose area the contributor is residing, and shall, in the case of contributions paid in respect of a maintainable child looked after by a local authority, other than the authority to whom the contributions are payable as aforesaid, be paid over by the last-mentioned authority to that other authority, but subject to such deductions in respect of services rendered by the local authority to whom the contributions were payable as may be agreed between the authorities concerned or as, in default of agreement, may be determined by the Secretary of State.\n(2) Where a contributor is for the time being residing in England or Wales or Northern Ireland contributions payable by him under the last foregoing section shall be payable to the local authority looking after the child.\n\n80 Enforcement of duty to make contributions.\n(1) Where a child becomes a maintainable child by virtue of being looked after by a local authority, any court of summary jurisdiction, having jurisdiction in the place where the contributor is for the time being residing, may, on the application of the local authority, at any time make an order on any contributor, hereinafter in this Act referred to as a contribution order, for weekly contributions in respect of the child of such amount as the court thinks proper.\n(2), (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4) Subject to the following provisions of this section, a contribution order in respect of a maintainable child shall remain in force throughout the period during which he is looked after by a local authority\n(5) No contribution shall be payable, by virtue of a contribution order by a contributor who , being a natural person, has parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to the maintainable child, in respect of any period after the maintainable child becomes sixteen.\n(6) A contribution order may be revoked or varied by any court of summary jurisdiction having jurisdiction in the place where the contributor is for the time being residing and shall be enforceable in like manner as a decree for aliment.\n(7) Where a contributor resides in England or Wales or Northern Ireland this section shall have effect as if for any reference to a court of summary jurisdiction having jurisdiction in a place where the contributor is for the time being residing there were substituted a reference to a court of summary jurisdiction having jurisdiction in any place within the area of the local authority looking after the child.\n\n81 Provisions as to decrees for aliment.\n(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(2) Where a decree for aliment of a maintainable child is in force, on the application of the local authority concerned, any court of summary jurisdiction having jurisdiction in the place where the person liable under the decree is for the time being residing may, at any time, order the payments under the decree . . . to be paid to the local authority who are from time to time entitled under either of the last two foregoing sections to receive contributions in respect of the child.\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . where an order made under this section in respect to a decree for aliment is in force any sums received under the decree for aliment shall be applied in like manner as if they were contributions received under a contribution order.\n(4)(a)In this section the local authority concerned means the local authority which may make application for a contribution order in respect of a child under the last foregoing section;\n(b) where the person liable to pay aliment for a child under a decree is resident in England or Wales or Northern Ireland, subsection (2) of this section shall have effect as if for the reference to a court of summary jurisdiction having jurisdiction in the place where that person is for the time being residing, there were substituted a reference to a court of summary jurisdiction having jurisdiction in any place within the area of the local authority concerned.\n\n82 Recovery of arrears of contributions.\n(1) Where, by virtue of an order or decree made under either of the last two foregoing sections, any sum is payable to a local authority, the local authority in whose area the person liable under the order or decree is for the time being residing, or, as the case may be, the local authority looking after the child to whom the order or decree relates, shall be entitled to receive and give a discharge for, and, if necessary, enforce payment of, any arrears accrued due under the order or decree, notwithstanding that those arrears may have accrued at a time when he was not resident in that area or, as the case may be, when the authority were not entitled to sums payable under the order or decree.\n(2) In any proceedings under either of the last two foregoing sections, a certificate purporting to be signed by the clerk to a local authority for the time being entitled to receive contributions, or by some other officer of the authority duly authorised in that behalf, and stating that any sum due to the authority under an order or decree is overdue and unpaid, shall be sufficient evidence of the facts stated therein.\n\n83 Variation of trusts.\n(1) Where a child is by virtue of a compulsory supervision order removed from the care of any person and that person is entitled under any trust to receive any sum of money in respect of the maintenance of the child, on the application of the local authority concerned any court of summary jurisdiction, having jurisdiction in the place where that person is for the time being residing, may at any time order the whole or any part of the sums so payable under the trust to be paid to the local authority, to be applied by the authority for the benefit of the child in such manner as, having regard to the terms of the trust, the court may direct.\n(2) Where the person in whose care a child has been residing is for the time being residing in England or Wales or Northern Ireland the foregoing subsection shall have effect as if for the reference to a court having jurisdiction in the place where that person is residing there were substituted a reference to a court of summary jurisdiction having jurisdiction in any place within the area of the local authority looking after the child.\n\n83A References in this Part of this Act to child being looked after.\nIn this Part of this Act, references to a child being looked after by a local authority shall be construed in accordance with section 17(6) of the Children (Scotland) Act 1995.\n\nPart VII Miscellaneous and General\n\nGeneral\n\n84 Transfer of assets and liabilities.\nWhere any functions are transferred to a local authority by virtue of this Act all property, rights, liabilities and obligations relating to the performance of those functions which immediately before the date of transfer were the property, rights, liabilities and obligations of the body or person from which the functions are transferred shall on that date be transferred to and vest in the local authority or, as the case may be, the local authorities to which the functions have been transferred, and the provisions of Schedule 6 to this Act shall have effect for the purposes of this section.\n\n85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n86 Adjustments between authority providing accommodation etc., and authority of area of residence.\n(1) Any expenditure which apart from this section would fall to be borne by a local authority—\n(a) in the provision under this Act , or under section subsection 25 of the Children (Scotland) Act 1995, of accommodation for a person ordinarily resident in the area of another local authority, or\n(b) in the provision under Part II of this Act , or under or by virtue of Part II of the said Act of 1995 or under or by virtue of the Children’s Hearings (Scotland) Act 2011, of services and facilities for a person ordinarily so resident (including, in the case of a child, any expenses incurred after he has ceased to be a child, and, in the event of another local authority taking over, under section 25(4) of the Act of 1995, the provision of accommodation for him, including also any travelling or other expenses incurred in connection with the taking over),\n(ba) in making a payment under section 12B of this Act in relation to the provision of a service direct payment under the Social Care (Self-directed Support) (Scotland) Act 2013 for the purpose of arranging for the provision of support within the meaning of section 5 or 8 of that Act for a person ordinarily so resident; or\n(c) for the conveyance of a person ordinarily resident as aforesaid, or\n(d) in administering a compulsory supervision order or interim compulsory supervision order in respect of a person ordinarily resident as aforesaid, or\n(e) in the provision, for persons ordinarily so resident, of services under section 25 (care and support services for persons who have or who have had a mental disorder), 26 (services designed to promote well-being and social development of such persons) or 27 (assistance with travel in connection with such services) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13);\nshall be recoverable from the other local authority, and in this subsection any reference to another local authority includes a reference to a local authority in England or Wales and to a Health and Social Care trust in Northern Ireland.\n(2) Any question arising under this section as to the ordinary residence of a person shall , in a case where there is a dispute about the application of any of paragraphs 1 to 4 of Schedule 1 to the Care Act 2014 (cross-border placements), be determined in accordance with paragraph 5 of that Schedule; and in any other case, the question shall be determined by the Secretary of State, and the Secretary of State may determine that a person has no ordinary residence.\n(3) In determining for the purposes of subsection (1) of this section the ordinary residence of any person or child, any period during which he is provided with accommodation under this Act or under sections 25 to 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), any period during which he was a patient in a hospital forming part of the hospital and specialist services provided under sections 2 and 3 of the National Health Service Act 2006, sections 2 and 3 of the National Health Service (Wales) Act 2006 or Part II of the National Health Service (Scotland) Act 1978 or in a hospital managed by a National Health Service trust established under the National Health Service Act 2006, the National Health Service (Wales) Act 2006 or section 12A of the National Health Service (Scotland) Act 1978 health service hospital (within the meaning of section 108(1) of the National Health Service (Scotland) Act 1978 (c. 29)) or, in the case of a child, any period during which he resided in any place as an inmate of a school or other institution, or in accordance with the requirements of a compulsory supervision order or interim compulsory supervision order, supervision order , community payback order under section 227A of the Criminal Procedure (Scotland) Act 1995, , youth rehabilitation order or probation order or the conditions of a recognizance, or while boarded out under this Act or under . . . the Children and Young Persons (Scotland) Act 1937 by a local authority or education authority or placed with local authority foster parents under the Children Act 1989 or provided with accommodation under paragraph (a) of, or by virtue of paragraph (c) of, section 26(1) of the Children (Scotland) Act 1995 shall be disregarded.\n(4) This subsection applies where a local authority (“the responsible authority”) performs a function under—\n(a) this Act;\n(b) Part II of the Children (Scotland) Act 1995 (c. 36); ...\n(c) section 25 to 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13),\n(d) the Children’s Hearings (Scotland) Act 2011\nby making arrangements with a person (“the provider”) in terms of which the provider undertakes to accommodate, or to secure accommodation for, another person.\n(5) Where subsection (4) applies—\n(a) any expenditure incurred under the arrangements by a provider which is a local authority is recoverable from the responsible authority; and\n(b) any period during which the person is accommodated under the arrangements is to be disregarded in determining the person's ordinary residence for the purposes of subsection (1) of this section.\n(6) The Scottish Ministers may make regulations specifying circumstances in which a local authority (“the providing authority”) may recover from another local authority (“the other authority”) expenditure which the providing authority incurs in the provision of services or facilities under arrangements made with the other authority for the purpose of enabling that other authority to perform a function under—\n(a) this Act;\n(b) Part II of the Children (Scotland) Act 1995 (c. 36); ...\n(c) section 25 to 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).\n(d) the Children’s Hearings (Scotland) Act 2011.\n(7) The Scottish Ministers may make regulations specifying circumstances which must be taken into account, or disregarded, when determining a person's ordinary residence for the purposes of subsection (1) of this section (and such regulations may modify subsection (2), (3) and (5)(b) of this section).\n(8) Regulations made under subsection (6) or (7) of this section may—\n(a) make different provision for different cases and for different persons;\n(b) include such supplementary, incidental, consequential and transitional provisions and savings as the Scottish Ministers think fit.\n(9) Despite section 90(2) of this Act, no statutory instrument containing regulations made under subsection (7) of this section which includes provisions which modify this section may be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Scottish Parliament.\n(10) References in subsections (4) to (6) of this section to a local authority which is providing accommodation, service or facilities include references to a local authority in England or Wales and to a Health and Social Care trust in Northern Ireland.\n(10A) A person who, as a result of Schedule 1 to the Care Act 2014 (cross-border placements), is treated as ordinarily resident in an area in England, Wales or Northern Ireland (as the case may be) is to be treated as ordinarily resident in that area for the purposes of this section.\n(10B) A person who, as a result of that Schedule, is not treated as ordinarily resident anywhere in England or Wales (as the case may be) is not to be treated as ordinarily resident there for the purposes of this section.\n(11) In this section—\n  * “compulsory supervision order” has the meaning given by section 83 of the Children’s Hearings (Scotland) Act 2011; and\n  * “interim compulsory supervision order” has the meaning given by section 86 of that Act.\n\n86A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n87 Charges that may be made for services and accommodation.\n(1) Subject to sections 78 and 78A of this Act (contributions in respect of maintainable children) and to the following provisions of this section, a local authority providing a service under this Act ... section 7 (functions of local authorities) or 8 (provision of after-care services) of the Mental Health (Scotland) Act 1984 section 25 (care and support services for persons who have or have had a mental disorder), 26 (services designed to promote well-being and social development of such persons) or 27 (assistance with travel in connection with such services) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) or section 24(4) of the Carers (Scotland) Act 2016 or under or by virtue of Part II of the Children (Scotland) Act 1995 may recover such charge (if any) for it as they consider reasonable.\n(1A) If a person—\n(a) avails himself of a service provided under this Act ... section 7 or 8 of the said Act of 1984 section 25, 26 or 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) or section 24(4) of the Carers (Scotland) Act 2016 or under or by virtue of Part II of the Children (Scotland) Act 1995; and\n(b) satisfies the authority providing the service that his means are insufficient for it to be reasonably practicable for him to pay for the service the amount which he would otherwise be obliged to pay for it,\nthe authority shall not require him to pay more for it than it appears to them that it is practicable for him to pay.\n(1B) Subsections (1) and (1A) above do not apply as respects any amount required not to be charged by subsection (1) of section 1 of the Community Care and Health (Scotland) Act 2002 (asp 5)(charging and not charging for social care) or required to be charged or not to be charged by virtue of subsection (4) of that section.\n(1C) Despite section 25(3) of the Public Bodies (Joint Working) (Scotland) Act 2014, where a local authority delegates a function in pursuance of an integration scheme under that Act to a person in pursuance of which a service mentioned in subsection (1) is provided by (or under the direction of) that person, subsections (1) to (1B) apply subject to the modifications in subsection (1D).\n(1D) The modifications are—\n(a) subsection (1) applies as if—\n(i) the reference to a local authority providing a service mentioned in that subsection were to a person mentioned in subsection (1C) to whom a function is delegated (or another person under the direction of that person) providing the service, and\n(ii) the reference to a local authority recovering a charge for a service provided by it were to a local authority recovering a charge for a service that is provided by (or under the direction of) a person mentioned in subsection (1C) to whom a function is delegated, and\n(b) subsection (1A) applies as if the reference to the authority providing the service were to a local authority mentioned in subsection (1C).\n(2) Persons, other than maintainable children, for whom accommodation is provided under this Act or section 7 of the said Act of 1984 section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), shall be required to pay for that accommodation in accordance with the subsequent provisions of this section.\n(3) Subject to the following provisions of this section, accommodation provided under this Act or section 7 of the said Act of 1984 section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) shall be regarded as accommodation provided under Part III of the National Assistance Act 1948, and sections 22(2) to (8) and 26(2) to (4) (as amended by any enactment within the meaning of the Scotland Act 1998 (c. 46)) of the said Act of 1948 shall apply accordingly.\n(4) In the application of the said section 22, for any reference to the Minister there shall be substituted a reference to the Secretary of State, and in the application of the said section 26, any references to arrangements under a scheme for the provision of accommodation shall be construed as references to arrangements made by a local authority with a voluntary organisation or any other person or body for the provision of accommodation under this Act or section 7 of the said Act of 1984 section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).\n(4A) Despite section 25(3) of the Public Bodies (Joint Working) (Scotland) Act 2014, where a local authority delegates a function in pursuance of an integration scheme under that Act to a person in pursuance of which accommodation mentioned in subsection (3) is provided by (or under the direction of) that person, subsections (3) and (4) apply subject to the modifications in subsection (4B).\n(4B) The modifications are that subsection (4) applies as if—\n(a) after “Secretary of State” there were inserted—\n“and that section 22 applies as if—\n(a) in subsection (2), the reference to the authority managing premises in which the accommodation is provided were to a local authority mentioned in subsection (4A) of this section,\n(b) in subsection (3)—\n(i) the reference to accommodation provided in premises managed by a local authority were to accommodation provided in premises managed by (or under the direction of) a person mentioned in subsection (4A) of this section to whom a function is delegated, and\n(ii) the reference to the local authority were to a local authority mentioned in subsection (4A) of this section, and\n(c) in subsection (5A)—\n(i) the reference to an authority managing premises in which accommodation is provided were to a local authority mentioned in subsection (4A) of this section, and\n(ii) the reference to the authority providing accommodation were to a person mentioned in subsection (4A) of this section to whom a function is delegated,\n(d) in subsection (8), the reference to a local authority providing accommodation were to a local authority mentioned in subsection (4A) of this section,”,\n(b) at the end of the subsection there were inserted—\n“and that section 26 applies as if—\n(a) in subsection (2)—\n(i) the reference to the local authority making payments to the organisation with whom the arrangements are made to provide the accommodation were to a person mentioned in subsection (4A) of this section to whom a function is delegated (or another person under the direction of that person) making those payments, and\n(ii) the reference to the local authority recovering an amount of refund were to a local authority mentioned in subsection (4A) of this section recovering that amount,\n(b) in subsection (3), the reference to the refund of any payments to the local authority were to the refund of any such payments to the local authority mentioned in subsection (4A) of this section,\n(c) in subsection (3A)—\n(i) the reference to the making of arrangements by the local authority were to the making of arrangements by (or under the direction of) a person mentioned in subsection (4A) of this section to whom a function is delegated,\n(ii) in paragraphs (a) and (c), the references to the local authority were to a person mentioned in subsection (4A) of this section to whom a function is delegated , and\n(iii) in paragraph (b) the reference to the local authority were to a local authority mentioned in subsection (4A) of this section,” and\n(d) for subsection (4) there were substituted—\n“(4)Section 22(5A) of this Act applies for the purposes of subsection (3A) as it applies for the purposes of that section but as if—\n(a) the reference to an authority managing premises in which accommodation is provided were to a local authority mentioned in section 87(4A) of the Social Work (Scotland) Act 1968, and\n(b) the reference to the authority providing accommodation were to a person mentioned in section 87(4A) of the Social Work (Scotland) Act 1968 to whom a function is delegated.”\n(5) The Secretary of State may, with the consent of the Treasury, make regulations for modifying or adjusting the rates at which payments under this section are made, where such a course appears to him to be justified, and any such regulations may provide for the waiving of any such payment in whole or in part in such circumstances as may be specified in the regulations.\n(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n90 Orders, regulations etc.\n(1) Any power to make regulations or orders . . . . . . , or to make rules conferred on the Secretary of State by this Act shall be exercisable by statutory instrument.\n(2) Any statutory instrument made in the exercise of any power to make regulations conferred by this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.\n(3) Any power conferred by this Act to make orders shall include a power, exercisable in the like manner and subject to the same conditions, to vary or revoke any such order.\n(4) A statutory instrument containing an order under section 27(1D) or 27A(1A)(c) of this Act is not made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.\n\n91 Expenses.\nThere shall be defrayed out of moneys provided by Parliament—\n(a) any sums required for the payment of grants under this Act or any other expenses of the Secretary of State under this Act, and\n(b) any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.\n\n92 Effect of Act on rate support grant.\n(1) The Secretary of State shall have power, by an order made in the like manner and subject to the like provisions as a rate support grant order, to vary the provisions of any rate support grant order made before the commencement of this Act for a grant period ending after the commencement of this Act.\n(2) Any order made by virtue of this section may be made for all or any of the years comprised in the said rate support grant period, as may be specified in the order, and in respect of the year or years so specified shall increase the annual aggregate amount of the rate support grants to such extent as may appear to the Secretary of State to be appropriate having regard to any additional expenditure incurred or likely to be incurred by councils of counties or of large burghs in consequence of the passing of this Act.\n(3) The provisions of this section shall have effect without prejudice to the exercise of any power conferred by section 4 of the Local Government (Scotland) Act 1966 (which confers power to vary rate support grant orders in consequence of unforeseen increases in the level of prices, costs or remuneration).\n(4) In this section the expressions “rate support grant order” and “grant period” have the meanings respectively assigned to them by subsection (1) and subsection (3) of section 3 of the Local Government (Scotland) Act 1966.\n\n92A Powers of the Secretary of State to make grants.\nThe Secretary of State may, with the approval of the Treasury, make grants out of money provided by Parliament towards any expenses of local authorities in respect of their functions under–\n(a) Part II of this Act; and\n(b) sections 25 to 31 of the Mental Health (Care and Treatment) (Scotland) Act 2003,\nin relation to persons suffering from mental illness.\n\nSupplementary\n\n93 Transitional provisions.\nThe transitional provisions set out in Schedule 7 to this Act shall have effect for the purposes of the transition to the provisions of this Act from the law in force before the commencement of this Act.\n\n94 Interpretation.\n(1) In this Act, except where otherwise expressly provided or the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them—\n  * “approved school” means a school approved by the Secretary of State under section 79 of the Children and Young Persons Act 1933,\n  * “approved school order” has the meaning assigned to it by section 107(1) of the Children and Young Persons Act 1933,\n  * . . .\n  * . . .\n  * ...\n  * ...\n  * “compulsory supervision order” has the meaning given by section 83 of the Children’s Hearings (Scotland) Act 2011 (asp 1),\n  * “contributor” and “contribution order” have the meanings respectively assigned to them by sections 78 and 80 of this Act,\n  * “domiciliary services” means any services, being services provided in the home, which appear to a local authority to be necessary for the purpose of enabling a person to maintain as independent an existence as is practicable in his home;\n  * “establishment” means an establishment managed by a local authority, voluntary organisation or any other person, which provides non-residential accommodation for the purposes of this Act , Part 2 of the Children (Scotland) Act 1995 (c.36) or the Children’s Hearings (Scotland) Act 2011 (asp 1), whether for reward or not,\n  * “functions” shall include powers and duties,\n  * . . .\n  * “hospital” has the meaning assigned to it by section 329 of the Mental Health (Care and Treatment) (Scotland) Act 2003\n  * “local authority”, in relation to Scotland, has the meaning assigned to it by section 1(2) of this Act,\n  * “maintainable child” has the meaning assigned to it by section 78 of this Act,\n  * “mental health officer ” means a person appointed under subsection (1) of section 32 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13); and includes a person deemed, by virtue of subsection (3) of that section, to be so appointed;\n  * “mental health officer” means an officer of a local authority appointed to act as a mental health officer for the purposes of the said Act of 1984,\n  * “parent” means either parent or both parents, except that where the child was born out of wedlock and the parents have not subsequently married each other it means the natural mother but not the natural father;\n  * “performance”, in relation to functions, includes the exercise of powers as well as the performance of duties, and “perform” shall be construed accordingly,\n  * “persons in need” means persons who,\n    (a) are in need of care and attention arising out of infirmity, youth or age; or\n    (b) suffer from illness or mental disorder or are substantially handicapped by any deformity or disability; or\n    (c)\n    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n    (d) being persons prescribed by the Secretary of State who have asked for assistance, are, in the opinion of a local authority, persons to whom the authority may appropriately make available the services and facilities provided by them under this Act,\n  * . . .\n  * “prescribed” means—\n    (a) in section 3 prescribed by regulations,\n    (b)\n    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n    (c) in sections 12(3A),27A, 27B,. . . , 94, paragraphs 2(2) and (3), 4(3) and (4) of Schedule 7, prescribed by order,\n    and “prescribe” shall be construed accordingly.\n  * “probation order”, in relation to an order imposed by a court in Northern Ireland, has the same meaning as in the Criminal Justice (Northern Ireland) Order 1996,\n  * “residential establishment” means an establishment managed by a local authority, voluntary organisation or any other person, which provides residential accommodation for the purposes of this Act , Part 2 of the Children (Scotland) Act 1995 (c.36) or the Children’s Hearings (Scotland) Act 2011 (asp 1), whether for reward or not,\n  * . . .,\n  * “supervision order”, in relation to an order imposed by a court in England or Wales, means a supervision order under ... Act or the Children Act 1989, and in relation to an order imposed by a court in Northern Ireland means a supervision order under the Children and Young Persons Act (Northern Ireland) 1968 or the Children (Northern Ireland) Order 1995,\n  * ...\n  * “training school” has the meaning assigned to it by section 180(1) of the Children and Young Persons Act (Northern Ireland) 1968;\n  * “training school order” means an order made by a court in Northern Ireland sending a child or young person to a training school,\n  * “voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority,\n  * “welfare authority” means a welfare authority constituted under the Public Health and Local Government (Administrative Provisions) Act (Northern Ireland) 1946.\n  * “youth rehabilitation order” means an order made under Chapter 1 of Part 9 of the Sentencing Code.\n(2) Unless the context otherwise requires, any reference in this Act to any other enactment is a reference thereto as amended, and includes a reference thereto as extended or applied by or under any other enactment including this Act.\n(3) Without prejudice to the last foregoing subsection, any reference in this Act to an enactment of the Parliament of Northern Ireland, or to an enactment which that Parliament has power to amend, shall be construed, in relation to Northern Ireland, as a reference to that enactment as amended by any Act of that Parliament, whether passed before or after this Act, and to any enactment of that Parliament passed after this Act and re-enacting the said enactment with or without modifications.\n\n95 Minor and consequential amendments, repeals and savings.\n(1) The enactments described in Schedule 8 to this Act shall have effect subject to the amendments therein specified, being minor amendments and amendments consequential on the foregoing provisions of this Act.\n(2) The enactments described in Schedule 9 to this Act are hereby repealed to the extent specified in the third column of that Schedule.\n(3) Subject to any expression in this Act to the contrary, in so far as any appointment, agreement or any provision in a regulation or order made or any notice, direction, consent, approval, warrant or certificate given under any enactment repealed by this Act or registration effected, or deemed to have been effected, proceedings instituted or other thing done under any such enactment could have been made, passed, given, granted, effected, instituted or done under a corresponding provision of this Act, it shall not be invalidated by this repeal, but shall have effect as if it had been made, passed, given, granted, effected, instituted or done to that corresponding provision and may be amended, varied, revoked or enforced accordingly, and, in the case of any legal proceedings, may be continued and appealed against as if this Act had not been passed.\n\n96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n97 Extension of certain provisions of Act to England and Wales, Northern Ireland and the Channel Islands.\n(1) The following provisions of this Act shall extend to England and Wales, that is to say—\n  * . . .\n  * . . .\n  * section 87\n  * . . .\n  * section 98(3) and Schedule 2 paragraphs 7 and 13\n  * Schedule 8\n  * Part II of Schedule 9.\n(1A) Section 86 of this Act shall extend to England and Wales and to Northern Ireland.\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4) Save as aforesaid, and except in so far as it relates to the interpretation or commencement of the provisions, this Act shall extend only to Scotland.\n\n98 Commencement.\n(1) This Act (except this section) shall come into operation on such date as the Secretary of State may by order appoint.\n(2) Different dates may be appointed by order under this section for different purposes of this Act; and any reference in any provision of this Act to the commencement of this Act shall, unless otherwise provided by any such order, be construed as a reference to the date on which that provision comes into operation.\n(3) An order under this section may make such transitional provisions as appear to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions or of any provision of this Act then in force as appear to the Secretary of State necessary or expedient for the purposes or in consequence of the operation of any provision of this Act before the coming into force of any other provision of this Act or of the Children and Young Persons Act 1969.\n\n99 Short title.\nThis Act may be cited as the Social Work (Scotland) Act 1968.\n\nSCHEDULES\n\nSCHEDULE 1\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\nSection 31.\n\nSCHEDULE 2 Amendment of Part IV of the Children and Young Persons (Scotland) Act 1937\n\nPart I\n\nGeneral Adaptations\n1 Any reference to a child or to a young person shall be construed as a reference to a child as defined in section 93(2)(b) of the Children (Scotland) Act 1995.\n2 Any reference to a court of summary jurisdiction or to a juvenile court . . . shall be construed as a reference to the sheriff sitting summarily.\n\nPart II Specific Adaptations\n3—6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n7 In section 46(1) for the words “child or young person”, in both places where these words occur, there shall be subsituted the words “a person under the age of seventeen years”.\n8—15.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n18 In section 62, for the words “an approved school” there shall be subsitituted the words “a residential establishment”, and in paragraph (c), for the word “school” there shall be subsitituted the words “residential establishment”.\n19, 20.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\nSection 33.\n\nSCHEDULE 3 Children’s Panels\n\nAppointment\n1 The Secretary of State shall appoint such number of members of children’s panels for each local authority area as he considers appropriate and from among these members he shall appoint a chairman and a deputy chairman.\n2A member of a children’s panel shall hold office for such period as is specified by the Secretary of State, but may be removed from office by the Secretary of State at any time.\n\nChildren’s Panel Advisory Committee\n3 Subject to paragraph 5B below,each local authority shall form a Children’s Panel Advisory Committee consisting of\n(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(ii). . .\ntwo members nominated by the local authority and three members nominated by the Secretary of State . . .\n3AThe Secretary of State may, at the request of the local authority provide for an increase in the membership of the Children’s Panel Advisory Committee for the area of the authority by such number, not exceeding 5, of additional members as the authority specify in relation to their request, the additional members to be nominated as follows—\n(a) the first, second and fourth additional members, by the Secretary of State;\n(b) the third and fifth additional members, by the local authority\n4 The chairman of the Children’s Panel Advisory Committee shall be appointed by the Secretary of State from among the members he has nominated, and shall be resident in the area of the local authority.\n5 It shall be the duty of the Children’s Panel Advisory Committee—\n(a) to submit names of possible panel members to the Secretary of State;\n(b) to advise the Secretary of State as required on the suitability of persons referred to him as possible members; and\n(c) to advise the Secretary of State on such matters relating to the general administration of panels as he may refer to them.\n5AThe Children’s Panel Advisory Committee shall have power—\n(a) to appoint sub-committees;\n(b) to appoint to any such sub-committee persons who are not members of the Children’s Panel Advisory Committee; and\n(c) to refer all or any of the duties set out in paragraph 5 above to any such sub-committee for their advice;\nand the provisions of paragraph 8 below shall apply to any persons appointed under sub-paragraph (b) above as they apply to members of the Children’s Panel Advisory Committee.\n5B(1)Two or more local authorities may, for the purpose of discharging the function imposed on them by paragraph 3 above, make arrangements to form a Children’s Panel Advisory Committee for their areas (hereafter referred to as a “joint advisory committee”).\n(2) A joint advisory committee shall not be formed in pursuance of arrangements made under sub-paragraph (1) above unless the authorities concerned have obtained the consent in writing of the Secretary of State.\n(3) The Secretary of State may give a direction, in any case where a joint advisory committee has not been formed, to two or more local authorities requiring them to form a joint advisory committee; and the local authorities shall comply with any such direction.\n(4) The provisions of this Schedule shall apply, subject to any necessary modifications, to a joint advisory committee as they apply to a Children’s Panel Advisory Committee formed under the said paragraph 3.\n\nRecruitment and Training of Panel Members\n6 The Secretary of State may make such arrangements as he considers appropriate to recruit and train members or possible members of children’s panels.\n7 Each local authority shall make such arrangements as they consider appropriate—\n(a) to enable the Children’s Panel Advisory Committee to obtain names for submission to the Secretary of State as possible panel members, and\n(b) to train panel members or possible panel members.\n\nExpenses of Panel Members\n8A local authority may pay–\n(a) to a member or possible member of the children’s panel,\n(b) to a member of the Children’s Panel Advisory Committee,\nsuch allowances as may be determined by the Secretary of State; and he may determine differently in relation to different cases or classes of case.\n\nSCHEDULE 4\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nSCHEDULE 5\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\nSection 84.\n\nSCHEDULE 6 Transfer of Assets and Liabilities\n1 Every agreement to which the transferor was a party immediately before the date of transfer shall have effect as from that date in favour of or against the transferee as if the transferee had been a party to the agreement instead of the transferor.\n2 Where the functions of the transferor are transferred to more than one transferee the property, rights, liabilities and obligations of the transferor shall be allocated in such a manner as relates to the allocation of the functions transferred to each of the transferees.\n3 Any legal or other proceedings to which the transferor is a party which are pending on the date of the transfer may be continued on or after that date as if the transferee instead of the transferor had been that party.\n4 The Secretary of State may make regulations for facilitating the transfer of any property, rights, liabilityes or obligations in pursuance of this Act.\n5 In this Schedule—\n(a)“transferor” means a body or person from whom a function has been transferred under this Act and from whom any property, right, liability or obligation has been so transferred, and\n(b)“transferee” means a local authority to whom a function or any property, right, liability or obligation has been so transferred,\nand “transfer of function” includes the giving of a function to a local authority which was previously performed by another body including another local authority.\nSection 93.\n\nSCHEDULE 7 Transitional Provisions\n\nRegistration of existing establishments\n1(1)Until the expiration of a period of two years beginning with the commencement of Part IV of this Act, or until registration is effected or refused under the said Part IV, whichever of those three events first occurs—\n(a) a registration in respect of any establishment under any enactment repealed by this Act shall for the purposes of this Act be deemed to be a registration kept by a local authority under section 62 thereof, and\n(b) a registration in respect of any establishment (other than an approved school) not required under any enactment immediately before the said commencement but required thereafter shall for the purposes of this Act be deemed to be kept as aforesaid by a local authority so long as there is no change of user.\n(2) Notwithstanding the coming into operation of the said Part IV, the provisions of the said Part shall not apply in relation to approved schools until the commencement of Part III of this Act and thereafter, until the expiration of a period of two years beginning with the said commencement or until registration is effected or refused under the said Part IV, whichever of these three events first occurs, a registration in respect of an approved school required under the said Part IV shall, subject to the provisions of the next following paragraph, be deemed to be kept by the Secretary of State under that Part.\n(3) Before the expiration of the period of two years mentioned in either of the two foregoing sub-paragraphs, the persons responsible for the management of any establishment deemed to be registered as aforesaid shall, if they intend the establishment to continue for the purposes in respect of which it is so deemed, make application for registration in accordance with the provisions of the said Part IV.\n\nApproved schools\n2(1)The following enactments shall, notwithstanding the repeal or exclusion by this Act of any such enactment, continue to have effect, with any necessary modifications, in relation to establishments which were approved schools immediately before the commencement of Part III of this Act until such time as the Secretary of State otherwise directs, either generally or in regard to any particular establishment—\n(a) the Children and Young Persons (Scotland) Act 1937: sections 83(2) and (3) and 85(1), (2)(a) and (c) (surrender of certificate of approval of approved school and classification and administration etc. of approved schools); section 107(1)(a)(i) and (b) and (2) (exchequer grants and expenses of the Secretary of State);\n(b) the Criminal Justice (Scotland) Act 1963: sections 21 and 22 (directions as to management of approved schools and constitution of managers).\n(2) Until such time as the Secretary of State makes a direction under sub-paragraph (1) of this paragraph in respect of an establishment the payments made by a local authority under this Act in respect of the expenses of carrying on the establishment shall be at such rate as the Secretary of State shall from time to time prescribe.\n(3) Until such time as aforesaid any contributions or sums received by a local authority by virtue of any order or decree made under Part VI of this Act, or deemed to be so made, in respect of a child in an establishment shall be paid to the Secretary of State, but subject to such deductions in respect of the services rendered by the authority as may be prescribed.\n\nContributions in respect of children taken into care\n3 After the commencement of Part II of this Act and until the commencement of Part VI thereof, Part III of the Children Act 1948 shall have the like effect in relation to children taken into care under section 15 of this Act as it had in relation to children taken into care under section 1 of that Act.\n\nApproved school orders, fit person orders, and supervision orders\n4(1)This paragraph applies to children who immediately before the commencement of Part III of this Act were in any of the following classes, that is to say children who are—\n(a) subject to an approved school order,\n(b) committed to the care of a fit person under an order of a court,\n(c) under a supervision order,\n(d) subject to an order of committal to custody in a remand home.\n(2) Subject to the next following sub-paragraph, a child to whom this paragraph applies shall, on the coming into operation of the said Part III, continue to be subject to any such order as aforesaid, and any provision of any enactment applying to the operation of the order and the treatment of the child shall, notwithstanding the repeal or exclusion by this Act of any such provision, continue so to apply.\n(3) It shall be the duty of such local authorities as may be prescribed by the Secretary of State, by such date, and in such circumstances and in such cases as may be so prescribed to arrange for children to whom this paragraph applies to be brought before a children’s hearing for the consideration and disposal of their cases under Part III of this Act, and on the disposal of a case the order relating to the child shall cease to have effect.\n(4) The provisions of the last foregoing sub-paragraph shall apply in the case of a child over the age of sixteen years who has not attained the age of eighteen years, but where a child has attained the age of eighteen years, on such date as the Secretary of State may prescribe, the order relating to the child shall cease to have effect.\n\nJurisdiction of courts\n5(1)Subject to the next following sub-paragraph, on the commencement of Part III of this Act, for the purpose of continuing the jurisdiction of courts in respect of children and young persons who before the said commencement have been charged with an offence, and in respect of children and young persons whose cases have been disposed of but where the courts have continuing functions at the time of that commencement arising from the form of disposal, the provisions of any enactment relating to those courts and cases in them shall, notwithstanding the repeal or exclusion by this Act of any such provisions, continue to have effect in relation to those courts and to those cases.\n(2) In the case of a juvenile court constituted under section 51 of the Children and Young Persons (Scotland) Act 1937, the provisions of the foregoing sub-paragraph shall apply until such time as the Secretary of State otherwise directs, and on any such direction being made any question arising from the imposition of an order of such a court shall be dealt with by the sheriff having jurisdiction in the former area of that court as if the order had been made by him.\n6 On the coming into operation of the said Part III the jurisdiction of a juvenile court in relation to the care and protection of children shall cease, and any case of a child under the age of sixteen years which was before the court under that jurisdiction immediately before the said commencement shall stand referred to the Principal Reporter of the local authority in whose area the child is ordinarily resident, or, where his ordinary residence is not known or is furth of Scotland, to the Principal Reporter of the local authority in whose area the circumstances arose which brought his case before the court.\n\nRemand Home Grant\n7 Until such time as the Secretary of State may direct, section 107(a)(iii) of the Children and Young Persons (Scotland) Act 1937 shall continue to have effect.\n\nProbation Grant\n8 Until such time as the Secretary of State may by order direct, section 75 (3)(a) and (b), (4) and (5) of the Criminal Justice (Scotland) Act 1949 shall continue to have effect.\n\nInterpretation\n9 In this Schedule the following expressions have the meanings assigned to them—\n  * “approved school” means a school approved under section 83 of the Children and Young Persons (Scotland) Act 1937.\n  * “approved school order” has the meaning assigned to it by section 110(1) of the said Act of 1937.\n  * “remand home” has the meaning assigned to it by section 78(1) of the Criminal Justice (Scotland) Act 1949.\n  * “supervision order” has the meaning assigned to it by section 72 of the said Act of 1949.\nSection 95(1).\n\nSCHEDULE 8 Minor and Consequential Amendments\n1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n2—5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nChildren and Young Persons (Scotland) Act 1937\n6 In section 38(3), for the words “an approved school” there shall be substituted the words “a residential establishment where education is provided”.\n7(1)In section 87(1), for the words from “to an approved school” to the end of the subsection there shall be substituted the words “to such place in Scotland as the Secretary of State may direct for the purposes of undergoing residential training, and after his transfer to that place may be dealt with and shall be subject to the provisions of this Act and of the Criminal Justice (Scotland) Act 1963 as if the order sending him to the school in England or Northern Ireland were an order for committal for residential training made under section 58A of this Act made upon the same date, and as if the order were authority for his detention for a period not exceeding the period for which he might be detained under the approved school order or, as the case may be, the training school order made in respect of him”.\n(2) In section 87(2)\nto (4), any reference to an approved school in Scotland shall be construed as a reference to a place in respect of which the Secretary of State has made, or may make, a direction under subsection (1) ; and in section 87(2) and (4) the words “England or”, wherever they occur, shall be omitted.\n(3) In section 87(3), the words from “approved school as” to the end of the subsection shall be omitted, and there shall be substituted the words “to such place in Scotland as the Secretary of State may direct for the purposes of undergoing residential training, and after his transfer to that place may be dealt with and shall be subject to the provisions of this Act and of the Criminal Justice (Scotland) Act 1963 as if the order were an order for committal for residential training made under section 58A of this Act made upon the same date”.\n8 After section 101(2) there shall be inserted the following subsection—\n“(2A)Expenses incurred under this Act by a local authority shall be defrayed in like manner as the expenses of that authority under the Social Work (Scotland) Act 1968.”\n9(1)In section 103(1), for the words “whether charged with an offence or not” there shall be substituted the words “charged with an offence”.\n(2) After subsection (1), there shall be added the following subsection—\n“(1A)The court in making any inquiry in pursuance of the last foregoing subsection shall have regard to the application for the provisions of section 30(1) of the Social Work (Scotland) Act 1968 but an order of judgement of the court shall not be invalidated by any subsequent proof that the court was not informed that at the material time the person was subject to a supervision requirement or that his case had been referred to a children’s hearing under Part V of that Act.”\n(3) After subsection (4), there shall be added the following subsection—\n“(5)In subsections (1) and (2) of this section, references to a child or young person charged with an offence shall be construed as references to a child within the meaning of section 30(1) of the Social Work (Scotland) Act 1968.”\n10 In section 110(1), in the definition of “Child”, for the words “Part III” there shall be substituted the words “Parts III and IV” ; and for the definition of “Place of safety” there shall be substituted the following definition—\n““Place of safety” has the same meaning as in the Social Work (Scotland) Act 1968 ;”\nand after the definition of “Remand” there shall be inserted the following definition\n““Residential establishment” has the same meaning as in the Social Work (Scotland) Act 1968.”\n\nNational Health Service (Scotland) Act 1947\n11(1)In section 15(1), after paragraph (f) there shall be inserted the following paragraph—\n“(g)the provision of any of the services which a local authority are required to provide under the Social Work (Scotland) Act 1968 ;”\n(2) In subsection (4), after the words “education authorities” there shall be inserted the words “or any of the social work services which local authorities” ; and after the words “education authority” there shall be inserted the words “or local authority”.\n12 In section 27, at the end there shall be added the following subsection—\n“(4)On the coming into operation of section 1(4) of the Social Work (Scotland) Act 1968, a local health authority shall not perform any function under this section which may be performed by a local authority by virtue of that section.”\n13 In section 63, after the words “foregoing section” there shall be inserted the words “or local authority within the meaning of the Social Work (Scotland) Act 1968”.\n\nNational Assistance Act 1948\n14 In section 32(1), at the end there shall be inserted the words “, and in this subsection any reference to another local authority includes a reference to a local authority in Scotland” .\n15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n16 In section 65, at the end, there shall be added the following paragraph—\n“(f)any reference however expressed to accommodation provided under Part III thereof shall be construed as a reference to accommodation provided under Part IV of the Social Work (Scotland) Act 1968.”\n17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nNurseries and Child-Minders Regulation Act 1948\n20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n22—31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nMaintenance Orders Act 1950\n32 In section 8(1), after the words “the Children Act 1948” there shall be inserted the words “or section 81 of the Social Work (Scotland) Act 1968”.\n33(1)In section 9, in subsection (1), after paragraph (a) there shall be inserted the following paragraph—\n“(aa) for a contribution order under section 80 of the Social Work (Scotland) Act 1968 (enforcement of duty to make contributions by parents in respect of their children while in the care of a local authority under Part II of that Act or under a supervision requirement) ;”.\n(2) In subsection (2) after the words “forty-three”, there shall be inserted the words “or said section 80”.\n34 In section 16(2)(b), after sub-paragraph (v) there shall be inserted the following sub-paragraph—\n“(vi)a contribution order under section 80 of, or a decree or an order made under section 81 of, the Social Work (Scotland) Act 1968 ;”.\n35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nValuation and Rating (Scotland) Act 1956\n36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nAdoption Act 1958\n37 In section 4(3), paragraph (b) shall be omitted, and after paragraph (c) there shall be inserted the following paragraph—\n“(d)section 17 of the Social Work (Scotland) Act 1968 (which makes corresponding provision for Scotland).”\n38 In section 15(4), for the words “(which provides” there shall be substituted the following words “or section 16 of the Social Work (Scotland) Act 1968 (which sections provide”.\n39 In section 36(2)(a), for the words “or section ninety” to “1937” there shall be substituted the words “or section 78 of the Social Work (Scotland) Act 1968”.\n40 In section 43(3), after the word “1948” there shall be inserted the words “or, as the case may be, section 15 of the Social Work (Scotland) Act 1968”, and for the words “that section” there shall be substituted the words “the said section 1 or, as the case may be, the said section 15”.\n41 In section 57, in the definition of “place of safety”, at the end there shall be inserted the following words “and in Scotland has the same meaning as in the Social Work (Scotland) Act 1968 ;”.\n\nMatrimonial Proceedings (Children) Act 1958\n42 In section 10, for subsection (4) there shall be substituted the following subsection—\n“(4)On the making of an order under this section committing the care of a child to a local authority, Part II of the Social Work (Scotland) Act 1968 (which relates to the treatment of children in care of local authorities) shall, subject to the provisions of this section, apply as if the child had been received by the local authority into their care under section 15 of that Act, so however that—\n(a) the exercise by the local authority of their powers under or by virtue of sections 5, 20 to 22, 59 and 60 of that Act shall be subject to any directions given by the court ; and\n(b) section 23 of that Act (which relates to arrangements for the emigration of a child under the care of a local authority) shall not apply.”\n43(1)In section 11(1), for the words “for the purpose” to “section” there shall be inserted the words “, not being an officer of the local authority for the purpose, appoint an appropriate local authority”, and at the end of the subsection there shall be inserted the following subsection—\n“(1A)In this section “local authority” has the same meaning as in the Social Work (Scotland) Act 1968.”\n(2) In subsection (5), for the words “designated officer” there shall be substituted the words “local authority or other person appointed”.\n44—47.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n48, 49.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n51—59.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nHealth Visiting and Social Work (Training) Act 1962\n60 In section 3(5), after “1948”, insert “or under any re-enactment of any of the provisions of the said Parts of the said Acts of 1947 and 1948 contained in Part II of the Social Work (Scotland) Act 1968.”\n61, 62.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n63, 64.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n65—67.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nChildren and Young Persons Act 1963\n68 In section 55, the words from “section 88(5)” to “Scottish Act” shall be omitted and after “1948” there shall be inserted the words “or section 23 of the Sociual Work (Scotland) Act 1968”.\n69—72.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nRegistration of Births, Deaths and Marriages (Scotland) Act 1965\n73(1)In section 15, in subsections (1) and (3), for the words “children’s officer” there shall be substituted the words “director of social work”.\n(2) In subsection (4), for the words “Children and Young Persons (Scotland) Act 1937” there shall be substituted the words “Social Work (Scotland) Act 1968”.\n74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\nSection 95(2).\n\nSCHEDULE 9 Enactments Repealed\n\nPart I Repeals Extending to Scotland Only\nSession and Chapter                  Short Title                                                     Extent of Repeal\n1 Edw. 8 & 1 Geo. 6. c. 37.          The Children and Young Persons (Scotland) Act 1937.             In section 21(2), the words from “may take” to the end of the subsection.\n                                                                                                     In section 42(1), the words “or is for any other reason brought before a court” and in subsection (2), the words “or taken to a place of safety” and the words “or the person by whom he is taken to the place of safety, as the case may be”.\n                                                                                                     In section 47(1) the words “until he can be brought before a juvenile court”, wherever occurring.\n                                                                                                     In section 49(1), the words “either as being in need of care or protection or”, the words “or otherwise”, and the words “and for securing that proper provision is made for his education and training”.\n                                                                                                     Section 49(2).\n                                                                                                     Section 51.\n                                                                                                     Section 53(2) and (3).\n                                                                                                     Section 59(1) and in subsection (4), the words “under this section, or”.\n                                                                                                     Sections 60 and 61.\n                                                                                                     In section 63(3) the words “under the Probation of Offenders Act 1907”.\n                                                                                                     Sections 65 and 66.\n                                                                                                     Sections 68 to 86.\n                                                                                                     Sections 88 to 98.\n                                                                                                     Section 101(5) and (6).\n                                                                                                     Section 106.\n                                                                                                     Section 107(1)(a), and (2).\n                                                                                                     Section 109.\n                                                                                                     In section 110(1)—\n                                                                                                     the following definitions—\n                                                                                                     “Approved school”, “Approved school order”; “Headmaster”; “In need of care or protection”;\n1 Edw. 8 & 1 Geo. 6. c. 37.—cont.    The Children and Young Persons (Scotland) Act 1937—cont.        in the definition of “Justice” the words “(except in section 51 of this Act)”; and the definition of “managers”.\n                                                                                                     In section 110, in subsection (3)(a)(ii) the words “and the juvenile court for any area” and subsection (3)(a)(iv).\n                                                                                                     Section 111.\n                                                                                                     Section 112.\n                                                                                                     Schedule 2.\n                                                                                                     Schedule 3.\n11 & 12 Geo. 6. c. 29.               The National Assistance Act 1948.                               Section 21.\n                                                                                                     Section 22(1).\n                                                                                                     Sections 23 and 24.\n                                                                                                     Section 26(1) and (5).\n                                                                                                     Section 27.\n                                                                                                     Sections 29 and 30.\n                                                                                                     Section 32.\n                                                                                                     Sections 34 to 40.\n                                                                                                     Section 50(3).\n                                                                                                     Section 58(1) and (4).\n11 & 12 Geo. 6. c. 43.               The Children Act 1948.                                          The whole Act.\n12, 13 & 14 Geo. 6. c. 94.           The Criminal Justice (Scotland) Act 1949.                       Section 2(3) and (9).\n                                                                                                     Section 4(2) and (3).\n                                                                                                     Section 5(3).\n                                                                                                     In section 7, in subsection (2), the words from “to omit” to “and”, and in subsection (4), the words to “to (3)”.\n                                                                                                     Sections 11 to 13.\n                                                                                                     In section 28, subsection (2), and in subsection (3), the words “a remand home or” and the words “home or”.\n                                                                                                     Sections 50 and 51.\n                                                                                                     Sections 69 to 73.\n                                                                                                     In section 75, subsections (1)(a), (3)(a) to (d) and (4) to (6).\n                                                                                                     In section 78, in subsection (1)— in the definition of “appropriate court” the words “or supervision”; and the words “or person under supervision”;\n                                                                                                     and the following definitions— “Approved probation hostel” and “Approved probation home”; “approved school”; “Remand home”; “Salaried probation officer”;\n                                                                                                     in the definition of “sentence”, the words from “an order for custody” to the end of the definition;\n                                                                                                     the following definitions—\n                                                                                                     “Supervision Order”; “Voluntary probation officer”; “Whole-time probation officer”; and\n                                                                                                     “Young Person”.\n                                                                                                     Schedule 1.\n                                                                                                     In Schedule 2, in paragraph 2, in sub-paragraph (3), the words “appointed by the appropriate court,”, in sub-paragraph (4)(b), the words “named therein”, in paragraph 3(b) the words “an approved probation hostel or home or in” and the word “other” and paragraph 7.\n                                                                                                     Schedule 3.\n14 Geo. 6. c. 37.                    The Maintenance Orders Act 1950.                                Schedule 1, so far as relating to the modification of the Children and Young Persons (Scotland) Act 1937.\n15 & 16 Geo. 6. & 1 Eliz. 2. c. 61.  The Prisons (Scotland) Act 1952.                                Section 18(1) to (3A).\n                                                                                                     In section 32, in subsection (3), the words “who is not less than seventeen years of age”, and subsection (4).\n4 & 5 Eliz. 2. c. 24.                The Children and Young Persons Act 1956.                        The whole Act.\n4 & 5 Eliz. 2. c. 50.                The Family Allowances and National Insurance Act 1956.          The whole Act.\n5 & 6 Eliz. 2. c. 1.                 The Police, Fire and Probation Officers Renumeration Act 1956.  In section 11(2) and (3).\n                                                                                                     In section 1(1)(d), the words from “or” to “1949”.\n6 & 7 Eliz. 2. c. 40.                The Matrimonial Proceedings (Children) Act 1958.                Section 11(2) and (3).\n                                                                                                     In section 12(1), the words “of a probation officer or”, and section 12(3).\n6 & 7 Eliz. 2. c. 65.                The Children Act 1958.                                          Section 1.\n                                                                                                     Section 2(6) and (7).\n7 & 8 Eliz. 2. c. 5.                 The Adoption Act 1958.                                          Section 4(3)(b). In section 11(1), the words “or juvenile court”.\n                                                                                                     In section 15(3), the words from “or the Children” to “1937”.\n                                                                                                     In section 37(3), the words “in an approved school or”.\n8 & 9 Eliz. 2. c. 61.                The Mental Health (Scotland) Act 1960.                          In sections 8 and 9.\n                                                                                                     In section 10, in subsection (1), in paragraph (a), head (i), and at the end of head (ii) the word “or”.\n                                                                                                     Section 12(2), sections 19 to 21 and section 46(a).\n                                                                                                     In section 55(10), the words from “including” to the word “school”.\n                                                                                                     In section 57, in subsection (3)(b), the words “or young person”; and subsection (5).\n                                                                                                     Section 69(1)(b). Section 71.\n                                                                                                     In section 72, the definitions of “approved school” and “remand home” and in the definition of “place of safety” the words “or young person” first occurring.\n                                                                                                     In section 111(1), the definition of “residential home for persons suffering from mental disorder;”.\n10 & 11 Eliz. 2. c. 47.              The Education (Scotland) Act 1962.                              Section 36(4) and (5).\n                                                                                                     Section 44(3) and (4).\n                                                                                                     Section 80(1)(e).\n                                                                                                     In section 104 the words “(including an approved s chool)”.\n1963 c. 37.                          The Children and Young Persons Act 1963.                        Section 1.\n                                                                                                     Sections 45 to 52.\n                                                                                                     Section 58.\n1963 c. 39.                          The Criminal Justice (Scotland) Act 1963.                       In section 11, in subsection (2), the words from “if the offender” to the words “detention centre”, and subsections (3) and (5).\n                                                                                                     Section 15.\n                                                                                                     Part II.\n                                                                                                     Schedule 2.\n1968 c. 46.                          The Health Services and Public Health Act 1968.                 Section 13.\n                                                                                                     Section 44.\n                                                                                                     Section 45.\n\n\nPart II Repeals Extending to England and Wales\nSession and Chapter     Short Title                               Extent of Repeal\n23 & 24 Geo. 5. c. 12.  The Children and Young Persons Act 1933.  In section 78(2) and (4), the words from “(including” to “ 1937)”.\n                                                                  In section 82(1), the words from “or” to “1937”, and in the proviso, the words from “or where” to “Wales”.\n                                                                  In section 83(1), (2) and (4), the words “Scotland or” wherever occurring, and in subsection (5) the words from “in relation to Scotland” to “Department, and”.\n                                                                  In section 85(1) and (2), the words “or under the Children and Young Persons (Scotland) Act 1937”.\n                                                                  In Schedule 4, in paragraph 9, in sub-paragraph (1), the words from “or with the consent” to “to that Act”, paragraph 9(3), and in paragraph 13, the words “or of the Children and Young Persons (Scotland) Act 1937” in both places where they occur.\n6 & 7 Eliz. 2. c. 65.   The Children Act 1958.                    In section 2(4), the words from “or of” to “1937”.\n                                                                  In section 17, in the definition of “fit person order”, the words “or” to “1937”.\n7 & 8 Eliz. 2. c. 72.   The Mental Health Act 1959.               In section 10(1), in sub-paragraph (a), head (ii).\n                                                                  In section 50, sub-paragraph (b).\n1963 c. 37.             The Children and Young Persons Act 1963.  In section 12, the words “Scotland or”.\n                                                                  In section 45(1), the words “the Children and Young Persons (Scotland) Acts 1937 and 1956”.\n                                                                  Sections 51 and 52.\n                                                                  Section 53(1)(b).\n1965 c. 53.             The Family Allowances Act 1965.           In section 11, subsection (1)(a)(ii), in subsection (1)(c), the words “or an order under section 73(2) of the said Act of 1937”, and in subsection (2), the words “or the said Act of 1937”.","title":""}
{"_id":"text_asp_2007_1","text":"Part 1 Works, etc.\n\nWorks\n\n1 Authority to construct works\nThe authorised undertaker is hereby authorised to construct and maintain the authorised works, namely—\n(a) the scheduled works referred to in section 2 (“the scheduled works”); and\n(b) the ancillary works referred to in section 3 (“the ancillary works”).\n\n2 The scheduled works\nThe scheduled works are the works situated within the lateral limits of deviation shown on the Parliamentary plans, at the levels shown on the Parliamentary sections and specifically described in schedule 1 to this Act.\n\n3 The ancillary works\n(1) The ancillary works are such works of the nature described in schedule 2 to this Act as may be necessary or expedient for the purposes of, in connection with or in consequence of the construction of the scheduled works.\n(2) Subject to subsection (3), subsection (1) only authorises the carrying out or maintenance of works—\n(a) within the limits of deviation;\n(b) on land specified in columns (1), (2) and (3) of schedules 5 and 6 for the purpose specified in relation to that land in column (4) of the relevant schedule (being land shown on the Parliamentary plans as lying within the limits of land to be acquired or used).\n(3) The authorised undertaker may construct and maintain ancillary works identified in paragraphs 12 and 13 of schedule 2 anywhere within the Act limits.\n\n4 Permitted deviation within limits\nIn constructing or maintaining any of the authorised works the authorised undertaker may—\n(a) deviate laterally from the lines or situations shown on the Parliamentary plans within the limits of deviation for that work shown on those plans; and\n(b) deviate vertically from the levels shown on the Parliamentary sections—\n(i) to any extent not exceeding 3 metres upwards; and\n(ii) to any extent downwards as may be necessary or expedient.\n\n5 Access to works\n(1) The authorised undertaker may, for or in connection with the authorised works, form and lay out means of access, or improve existing means of access to or from any public road—\n(a) at the points shown on the Parliamentary plans; or\n(b) in such location or locations within the limits of deviation or the limits of land to be acquired or used as may be approved by the roads authority.\n(2) Approval of the roads authority under subsection (1)(b) shall not be unreasonably withheld and any question whether an approval has been unreasonably withheld shall, unless the parties otherwise agree, be determined by arbitration.\n\n6 Construction and maintenance of altered roads\nWhere a road is altered under this Act, the altered part of the road shall when completed to the reasonable satisfaction of the roads authority, unless otherwise agreed, be maintained—\n(a) by and at the expense of the authorised undertaker for a period of 12 months from its completion; and\n(b) at the expiry of that period by and at the expense of the roads authority.\n\n7 Works treated as major works for road purposes\n(1) Works to which subsection (2) applies shall be treated for the purposes of Part IV of the 1991 Act as major works for roads purposes if—\n(a) they are of a description mentioned in any of paragraphs (a) to (d), (f) and (g) of section 145(3) of that Act (which defines what roads authority works are major works for roads purposes); or\n(b) they are works which, had they been executed under the powers of the roads authority, might have been carried out in exercise of the powers conferred by section 27 (dual carriageways, roundabouts and refuges) or 63 (new access over verges and footways) of the Roads (Scotland) Act 1984 (c. 54).\n(2) This subsection applies to any works executed under this Act in relation to a road which consists of or includes a carriageway other than those executed under power delegated to a roads authority by an agreement under section 8.\n(3) In Part IV of the 1991 Act, references, in relation to major works for roads purposes, to the roads authority concerned shall, in relation to the works which are major works for roads purposes by virtue of subsection (1), be construed as references to the authorised undertaker.\n\n8 Agreements with roads authorities\n(1) Where under this Act the authorised undertaker is authorised to interfere with an existing road or part of an existing road, it may enter into agreements with the persons having the charge, management or control of the road concerning the construction (or contribution towards the expense of the construction) of—\n(a) any alteration of the existing road, and\n(b) any other related matters.\n(2) The authorised undertaker may, by agreement with any such persons, delegate to them the power to make any such alteration of an existing road, including any bridge over any railway, and, where the authorised undertaker is responsible for maintaining the altered road or bridge, the power to maintain it.\n\nSupplemental powers\n\n9 Temporary stopping up, alteration or diversion of roads\n(1) During and for the purposes of the execution of the authorised works the authorised undertaker may temporarily stop up, alter or divert any road and may for any reasonable time—\n(a) divert the traffic from the road; and\n(b) subject to subsection (2), prevent all persons from passing along the road.\n(2) The authorised undertaker shall provide reasonable access for pedestrians going to or from premises abutting on a road affected by the exercise of the powers conferred by this section if there would otherwise be no such access.\n(3) Without prejudice to the generality of subsection (1), the authorised undertaker may temporarily stop up, alter or divert each of the roads specified in columns (1) and (2) of schedule 3 to this Act to the extent specified (by reference to the letters and numbers shown on the relevant Parliamentary plans) in column (3), and may for any reasonable time—\n(a) divert the traffic from the road; and\n(b) subject to subsection (2), prevent all persons from passing along the road.\n(4) The authorised undertaker shall not exercise the powers conferred by this section—\n(a) in relation to any road specified as mentioned in subsection (3), without first consulting the road works authority; and\n(b) in relation to any other road, without the consent of the road works authority.\n(5) Consent under subsection (4)(b) shall not be unreasonably withheld but may be given subject to such conditions as the road works authority may reasonably impose.\n(6) Any question whether—\n(a) consent under subsection (4)(b) has been unreasonably withheld; or\n(b) a condition imposed under subsection (5) is unreasonable,\nshall, unless the parties otherwise agree, be determined by arbitration.\n\n10 Discharge of water\n(1) The authorised undertaker may use any available watercourse or any public sewer or drain for the drainage of water, and for that purpose may—\n(a) lay down, take up and alter pipes; or\n(b) make openings into, and connections with the watercourse, public sewer or drain,\non any land within the limits of deviation or the limits of land to be acquired or used.\n(2) The authorised undertaker shall not discharge any water into any artificial watercourse, or any 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 shall not be unreasonably withheld.\n(3) The authorised undertaker shall not make any opening into any public sewer or drain except in accordance with plans approved by, and under the superintendence (if provided) of, the person to whom the sewer or drain belongs, but such approval shall not be unreasonably withheld.\n(4) The authorised undertaker shall take such steps as are reasonably practicable to secure that any water discharged under the powers conferred by this section is as free as may be practicable from gravel, soil or other solid substance or oil or matter in suspension.\n(5) Any difference under this section arising between the authorised undertaker and the owner of an artificial watercourse or a public sewer or drain shall, unless the parties otherwise agree, be determined by arbitration.\n(6) Nothing in this section shall affect the operation of Part IV of the 1991 Act or the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (S.S.I. 2005/348).\n(7) In this section—\n  * “public sewer or drain” means a sewer or drain which belongs to Scottish Water, a private provider who has made an agreement with Scottish Water under section 1(2)(b) of the Sewerage (Scotland) Act 1968 (c. 47) (duty of Scottish Water to provide sewerage for their area) or a roads authority; and\n  * “watercourse” includes all rivers, streams, ditches, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain.\n\n11 Safeguarding works to buildings\n(1) The authorised undertaker may at its own expense and from time to time carry out such safeguarding works to any building within the Act limits as the authorised undertaker considers to be necessary or expedient.\n(2) The powers conferred by this section shall be exercised subject to and in accordance with schedule 4 to this Act.\n(3) In this section and that schedule—\n(a)“building” includes any structure or erection or any part of a building, structure or erection; and\n(b)“safeguarding works”, in relation to a building, means—\n(i) underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building by the construction, maintenance or operation of the authorised works;\n(ii) any works the purpose of which is to remedy any damage which has been caused to the building by the construction, maintenance or operation of the authorised works; and\n(iii) any works the purpose of which is to secure the safe construction and operation of the authorised works or to prevent or minimise the risk of such operation being disrupted.\n\nPart 2 Land\n\nPowers of acquisition\n\n12 Authority to acquire land\n(1) The authorised undertaker is authorised to acquire compulsorily—\n(a) such of the land shown on the Parliamentary plans within the limits of deviation for the authorised works as—\n(i) is described in the book of reference; and\n(ii) is required by the authorised undertaker for the purposes of the authorised works; and\n(b) such of the land so shown within the limits of land to be acquired or used and so described as—\n(i) is specified in columns (1), (2) and (3) of Part 1 of schedule 5 to this Act; and\n(ii) is required for the purposes specified in relation to that land in column (4) of that Part.\n(2) The powers conferred by subsection (1)(a) do not apply to the leasehold interest of CGM (Oswald) Limited (company no. SC 190896) in the land shown numbered 45 on sheet 19 of the Parliamentary plans, except in relation to the airspace occupied by any protective or strengthening works constructed under the powers conferred by this Act.\n\n13 Acquisition of subsoil or airspace or rights\n(1) In exercise of the powers conferred by section 12 the authorised undertaker may, as regards any land authorised to be acquired under that section, acquire compulsorily—\n(a) so much of the subsoil of or airspace over the land; or\n(b) such servitudes or other rights over the land,\nas may be required for any purpose for which that land may be acquired under that section.\n(2) Servitudes and other rights may be acquired under subsection (1) by creating them as well as by acquiring servitudes and other rights already in existence.\n(3) Section 90 of the 1845 Lands Act and paragraph 20 of Schedule 15 to the 1997 Act (which provide in certain circumstances for the owner of the land to require the purchase of the whole rather than part of that property) shall not apply to any compulsory acquisition under this section or under section 14.\n(4) Subject to subsections (5) and (6), the Lands Clauses Acts, as incorporated with this Act, shall have effect with the modifications necessary to make them apply to the compulsory acquisition of new rights under this section or under section 14 as they apply to the compulsory acquisition of land.\n(5) As so having effect, references in the Lands Clauses Acts to land shall be treated as, or as including, references to new rights or to the land over which new rights are to be exercisable.\n(6) Section 61 of the 1845 Lands Act (estimation of purchase money and compensation) shall apply to the compulsory acquisition of a right under this section or section 14 as if for the words from “value” to “undertaking” there were substituted the words “extent (if any) to which the value of the land in or over which the right is to be acquired is depreciated by the acquisition of the right”.\n\n14 Purchase of specific new rights over land\n(1) The authorised undertaker may acquire compulsorily in or over any of the land shown on the Parliamentary plans within any limits of land to be acquired or used and specified in columns (1), (2) and (3) of Part 2 of schedule 5 to this Act, such servitudes or other new rights as it requires for the purposes mentioned in column (4) of that Part.\n(2) The authorised undertaker may acquire compulsorily in or over premises leased by CGM (Oswald) Limited (company no. SC 190896) within the land shown numbered 45 on sheet 19 of the Parliamentary plans such right of access as may be required for the purpose of maintaining the authorised works.\n\n15 Rights in roads\n(1) The authorised undertaker may—\n(a) enter upon and appropriate so much of the subsoil of, or air-space over, any road that is authorised to be compulsorily acquired under section 12 as may be required for the purposes of the authorised works, and\n(b) use the subsoil or air-space for those purposes.\n(2) The powers conferred by subsection (1) may be exercised in relation to a road without the authorised undertaker being required to acquire any part of the road or any servitude or right in relation to it.\n(3) The powers conferred by this section constitute a real right.\n(4) Any person who—\n(a) is an owner or occupier of land in respect of which the power of appropriation conferred by subsection (1) is exercised without the authorised undertaker acquiring any part of that person's interest in the land, and\n(b) suffers loss by reason of the exercise of that power,\nshall be entitled to compensation.\n(5) Any dispute as to a person's entitlement to compensation under subsection (4), or as to the amount of the compensation, shall be determined under the 1963 Act.\n(6) Subsection (2) shall not apply in relation to—\n(a) any subway or underground building; or\n(b) any cellar, vault, arch or other construction in or on a road which forms part of a building fronting onto the road.\n\n16 Temporary use of land for construction of works\n(1) The authorised undertaker may, in connection with the carrying out of the authorised works—\n(a) enter upon and take temporary possession of any of the land specified in columns (1), (2) and (3) of schedule 6 to this Act for the purpose specified in relation to that land in column (4) of that schedule relating to the authorised works specified in column (5) of that schedule;\n(b) remove any buildings and vegetation from that land; and\n(c) construct on the land temporary works (including the provision of means of access) and buildings and permanent mitigation or accommodation works.\n(2) Not less than 28 days before entering upon and taking temporary possession of land under this section the authorised undertaker shall serve notice of the intended entry on the owners and occupiers of the land.\n(3) The authorised undertaker may not, without the agreement of the owners of the land, remain in possession of any land under this section 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 (5) of schedule 6 to this Act.\n(4) Before giving up possession of land of which temporary possession has been taken under this section, the authorised undertaker shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the authorised undertaker shall not be required to replace a building removed under this section.\n(5) The authorised undertaker shall pay compensation to the owners and occupiers of land of which temporary possession is taken under this section for any loss or damage arising from the exercise in relation to the land of the powers conferred by this section.\n(6) Any dispute as to a person's entitlement to compensation under subsection (5), or as to the amount of the compensation, shall be determined under the 1963 Act.\n(7) Nothing in this section shall affect any liability to pay compensation under section 6 or 36 of the 1845 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 subsection (5).\n(8) Where the authorised undertaker takes possession of land under this section, it shall not be required to acquire the land or any interest in it.\n(9) In this section “building” includes any structure or erection.\n\nCompensation\n\n17 Disregard of certain interests and improvements\n(1) In assessing any compensation payable on the acquisition from any person of any land under this Act, the tribunal shall not take into account—\n(a) any interest in land; or\n(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,\nif 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.\n(2) In subsection (1) “relevant land” means—\n(a) the land acquired from the person concerned, or\n(b) 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.\n\n18 Set-off of betterment against compensation\nIn determining the amount of compensation or purchase money payable to any person in respect of an interest in land acquired under this Act in a case where—\n(a) the person has an interest in any other land contiguous with or adjacent to the land so acquired; and\n(b) the value of the person's interest in any such contiguous or adjacent land is enhanced by reason of the works authorised by this Act or any of them,\nthe amount of the enhancement in value shall be set off against the compensation or purchase money.\n\n19 Application of legislation relating to certificates of appropriate alternative development\nSection 30(2)(a) of the 1963 Act (which defines the conditions in which an interest in land is to be taken as an interest to be acquired by an authority possessing compulsory powers) shall have effect in relation to any compulsory purchase authorised by this Act as if for the words “either House of Parliament relating to petitions for Private Bills” there were substituted the words “ the Scottish Parliament ”.\n\n20 No double recovery\nCompensation shall not be payable in respect of the same matter both under this Act and under any other enactment, any contract or any rule of law.\n\nSupplementary\n\n21 Acquisition of part of certain properties\n(1) This section shall apply instead of section 90 of the 1845 Lands Act in any case where—\n(a) a notice to treat is served on a person (“the owner”) under that Act (as incorporated with this Act by section 47) in respect of part only—\n(i) of a house, building or factory; or\n(ii) of land consisting of a house with a park or garden,\n(“the land subject to the notice to treat”); and\n(b) a copy of this section is served on the owner with the notice to treat.\n(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 authorised undertaker a counter-notice objecting to the sale of the land subject to the notice to treat and stating that the owner is willing and able to sell the whole (“the land subject to the counter-notice”).\n(3) If no such counter-notice is served within that period, the owner shall be required to sell the land subject to the notice to treat.\n(4) If such a counter-notice is served within that period and the authorised undertaker agrees to take the land subject to the counter-notice, the notice to treat shall be deemed to be a notice to treat for the land subject to the counter-notice.\n(5) If such a counter-notice is served within that period and the authorised undertaker does not agree to take the land subject to the counter-notice the question as to what land the owner shall be required to sell shall be referred to the tribunal.\n(6) If on such a reference the tribunal determines that the land subject to the notice to treat can be taken—\n(a) without material detriment to the remainder of the land subject to the counter-notice; or\n(b) in the case of part of land consisting 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 or convenience of the house,\nthe owner shall be required to sell the land subject to the notice to treat.\n(7) If on such a reference the tribunal determines that only part of the land subject to the notice to treat can be taken—\n(a) without material detriment to the remainder of the land subject to the counter-notice; or\n(b) in the case of part of land consisting 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 or convenience of the house,\nthe notice to treat shall be deemed to be a notice to treat for that part.\n(8) If on such a reference the tribunal determines that—\n(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\n(b) the material detriment is confined to a part of the land subject to the counter-notice,\nthe notice to treat shall be 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.\n(9) If the tribunal determines that—\n(a) none of the land subject to the notice to treat can be taken without—\n(i) material detriment to the remainder of the land subject to the counter-notice; or\n(ii) in the case of land consisting 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 or convenience of the house; and\n(b) that the material detriment is not confined to a part of the land subject to the counter-notice,\nthe notice to treat shall be deemed to be a notice to treat for the land subject to the counter-notice.\n(10) A notice to treat shall have the effect which it is deemed to have under subsection (4), (8) or (9) whether or not the additional land is land which the authorised undertaker is authorised to acquire compulsorily under this Act.\n(11) In any case where by virtue of a determination by the tribunal under this section 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 authorised undertaker may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice to treat.\n(12) If the authorised undertaker withdraws the notice to treat in accordance with subsection (11) it shall 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.\n(13) Where the owner is required under this section to sell only part of a house, building or factory or of land consisting of a house with a park or garden, the authorised undertaker shall 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.\n\n22 Extinction or suspension of rights of way\n(1) Subject to subsections (5) and (6), all private rights of way over land subject to compulsory acquisition under this Act shall be extinguished—\n(a) as from the acquisition of the land by the authorised undertaker, whether compulsorily or by agreement; or\n(b) on the entry on the land by the authorised undertaker under section 24,\nwhichever is sooner.\n(2) Subject to subsections (5) and (6), all private rights of way over land of which the authorised undertaker takes temporary possession under this Act shall be suspended and unenforceable for as long as the authorised undertaker remains in lawful possession of the land.\n(3) Any person who suffers loss by the extinguishment or suspension of any private right of way under this section shall be entitled to compensation.\n(4) Any dispute as to a person's entitlement to compensation under subsection (3), or as to the amount of the compensation, shall be determined under the 1963 Act.\n(5) This section does not apply in relation to any right of way to which section 224 or 225 of the 1997 Act (extinguishment of rights of statutory undertakers etc.) applies.\n(6) Subsections (1) and (2) shall have effect subject to—\n(a) any agreement made (whether before or after this Act comes into force) between the authorised undertaker and the person entitled to the private right of way;\n(b) any determination made by the authorised undertaker limiting the application of subsection (1) or (2) to the extent specified in the determination.\n(7) A determination relating to subsection (1) must be made before the date on which the right in question would have been extinguished.\n(8) A determination relating to subsection (2) may be made at any time before or after temporary possession of any land is taken.\n(9) Notice of determination under this section must be given to the person entitled to the right of way to which it relates as soon as practicable after the making of the determination.\n(10) Subsection (1) does not apply to any of the land specified in columns (1), (2) and (3) of Part 2 of schedule 5 to this Act (land outside the limits of deviation in which rights are to be acquired).\n\n23 Power to enter land for survey, etc.\n(1) The authorised undertaker may, in relation to any land within the limits of deviation or the limits of land to be acquired or used, for the purposes of this Act—\n(a) survey or investigate the land;\n(b) without prejudice to the generality of paragraph (a), make trial holes in such positions as the authorised undertaker thinks fit on the land to investigate the nature of the surface layer and subsoil and remove water and soil samples;\n(c) without prejudice to the generality of paragraph (a), carry out archaeological investigations on the land;\n(d) take steps to protect or remove any flora or fauna on the land where the flora or fauna may be affected by the carrying out of the works;\n(e) place on, leave on and remove from the land apparatus for use in connection with the exercise of any power conferred by paragraphs (a) to (d); and\n(f) enter the land for the purpose of exercising any power conferred by paragraphs (a) to (e).\n(2) No land may be entered, or equipment placed or left on or removed from land, under subsection (1), unless—\n(a) on the first occasion at least seven days'; and\n(b) on subsequent occasions not less than three days',\nnotice has been served on every owner and occupier of the land.\n(3) Any person entering land under this section on behalf of the authorised undertaker—\n(a) shall, if so required, before or after entering the land produce written evidence of authority to do so; and\n(b) may enter with such vehicles and equipment as are necessary for the purpose of exercising any of the powers conferred by subsection (1).\n(4) No trial hole shall be made under this section in a carriageway or footway without the consent of the road works authority, but such consent shall not be unreasonably withheld.\n(5) Any question as to whether approval has been unreasonably withheld under subsection (4) shall, unless the parties otherwise agree, be determined by arbitration.\n(6) The authorised undertaker shall pay compensation for any damage occasioned, by the exercise of the powers conferred by this subsection, to the owners and occupiers of the land.\n(7) Any dispute as to a person's entitlement to compensation under subsection (6), or as to the amount of the compensation, shall be determined under the 1963 Act.\n\n24 Further powers of entry\n(1) At any time after notice to treat has been served in respect of any land which may be purchased or over which servitudes or other rights may be purchased compulsorily under this Act the authorised undertaker may enter on and take possession of or use the land.\n(2) No land may be entered under subsection (1) unless at least 3 months' notice has been given to the owner and occupier of the land specifying the land, or part of the land, of which possession is to be taken or which is to be used.\n(3) The authorised undertaker may exercise the powers conferred by this section without complying with sections 83 to 89 of the 1845 Lands Act before such exercise.\n(4) Compensation for the land of which possession is taken under this section, and interest on the compensation awarded, shall be payable as if sections 83 to 89 of the 1845 Lands Act had been complied with.\n(5) Nothing in this section affects the operation of section 48 of the Land Compensation (Scotland) Act 1973 (c. 56).\n\n25 Persons under disability may grant servitudes, etc.\n(1) Persons empowered by the Lands Clauses Acts to sell and convey or dispose of land may grant to the authorised undertaker a servitude, right or privilege required for any of the purposes of this Act in, over or affecting any such land.\n(2) A person may not under this section grant a servitude, right or privilege of water in which persons other than the grantor have an interest.\n\n26 Period for compulsory acquisition of land\n(1) The authority given by sections 12 and 14 for the compulsory acquisition of land and new rights for the purposes of this Act shall cease five years from the date on which this Act comes into force.\n(2) The powers conferred by sections 12, 13 and 14 for the compulsory acquisition of such land and servitudes or other rights shall, for the purposes of this section, be deemed to have been exercised in relation to any land, servitude or right if before the expiry of five years from the date on which this Act comes into force—\n(a) notice to treat has been served; or\n(b) a declaration has been executed under paragraph 1 of Schedule 15 to the 1997 Act in respect of that land, servitude or right.\n\n27 Extension of time\n(1) On the application of the authorised undertaker, the Scottish Ministers may, by order, extend, or further extend, the period referred to in subsection (1) of section 26 above provided that—\n(a) such application is made prior to the expiry of the period or any extension to it; and\n(b) the period referred to in that subsection, taken together with any extension to it, shall not exceed ten years in total.\n(2) If the Scottish Ministers extend, or further extend, the period referred to in subsection (1) of section 26 above, subsection (2) of that section shall have effect as if, for the period referred to in it, there were substituted the extended, or further extended, period.\n(3) The power of the Scottish Ministers to make orders under subsection (1) above shall be exercisable by statutory instrument.\n(4) A statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of the Parliament.\n\n28 Time limit on validity of notice to treat\nSection 78 of the Planning and Compensation Act 1991 (c. 34) shall apply in relation to a notice to treat served under section 17 of the 1845 Lands Act as incorporated with this Act.\n\n29 Parliamentary plans and book of reference: adjustments agreed with landowners and correction of errors\n(1) Where—\n(a) the authorised undertaker has entered into a binding obligation (“the obligation”) not to acquire any land within the limits of deviation or the limits of land to be acquired or used; and\n(b) either the authorised undertaker or the owner desires to reflect that commitment by way of either amendment of, or addendum to, either or both the Parliamentary plans and the book of reference,\nthe authorised undertaker or the owner of the land may (after giving the notice required by subsection (3)) apply summarily to the sheriff under this section.\n(2) If the Parliamentary plans or the book of reference are inaccurate in—\n(a) their description of any land; or\n(b) their statement or description of the ownership or occupation of any land,\nthe authorised undertaker may (after giving the notice required by subsection (3)) apply summarily to the sheriff for the correction of such inaccuracy.\n(3) The notice required by subsections (1) and (2) is 10 days' prior notice—\n(a) in the case of a notice by the authorised undertaker, to the owner, lessee and occupier of the land in question; and\n(b) in the case of a notice by an owner, to the authorised undertaker and to any lessee or occupier of the land in question.\n(4) Any person to whom a notice has been given under subsection (1) or (2) may, within the period of 10 days from the giving of the notice, give to the sheriff and the person who gave the notice a counter-notice in writing that the person disputes—\n(a) in the case of an application under subsection (1), that the proposed amendment or addendum accurately reflects the obligation; and\n(b) in the case of an application under subsection (2), that there is an inaccuracy which may be amended under this section.\n(5) In relation to any application under this section if it appears to the sheriff—\n(a) that the proposed amendment or addendum accurately reflects the obligation; or\n(b) that the inaccuracy arose from mistake,\nas the case may be, the sheriff shall certify the fact accordingly.\n(6) A certificate relating to an application under subsection (2) shall state in what respect any matter is misstated or wrongly described.\n(7) If any counter-notice is given pursuant to subsection (4), the sheriff shall, before making any decision on the application cause a hearing to be held.\n(8) The certificate shall be deposited in the office of the Clerk of the Parliament.\n(9) On the making of the deposit required by subsection (8)—\n(a) the Parliamentary plans and the book of reference shall be deemed to be corrected or amended according to the certificate; and\n(b) it shall be lawful for the authorised undertaker to take the land or, as the case may be, a right over the land in accordance with the certificate.\n(10) The Clerk of the Parliament shall keep every certificate deposited under this section with the Parliamentary plans or book of reference to which it relates.\n(11) An application under subsection (1) or (2) may only be made in respect of land identified in the book of reference or on the Parliamentary plans.\n(12) In this section “the sheriff” means the sheriff principal of, or any sheriff appointed for, the sheriffdom in which the land or any part of it is located.\n\n30 Restrictions on compulsory purchase in respect of operational airport land\n(1) In respect of the land shown on the Parliamentary plans numbered 1 to 70b, 71, 72 to 72b, 72d, 73a and 73b in the local government area of Renfrewshire the powers conferred by sections 12 to 16 of this Act shall be subject to such requirements as Glasgow Airport Limited may reasonably make to ensure that there is no material adverse impact on the operation or safety of its airport undertaking.\n(2) Any difference arising under this section between the authorised undertaker and Glasgow Airport Limited shall, unless the parties otherwise agree, be determined by arbitration.\n(3) The authorised undertaker shall not take possession of any or all of the land referred to in subsection (1) or commence any part of the authorised works on that land until agreement is reached or a determination is made in accordance with this section.\n(4) Notwithstanding the terms of section 67(1) of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5) the authorised undertaker may (in respect of the land referred to in subsection (1)), require a lease of that land to be granted in its favour for a period of no more than 250 years.\n(5) In this section Glasgow Airport Limited means Glasgow Airport Limited, a company incorporated under the Companies Acts in Scotland (company no. 096624), or any successor to that company as operator of Glasgow Airport.\n\n31 Protection of access at St James' Park\n(1) Immediately upon the authorised undertaker completing title to all or any part of plots 76 and 83, it shall grant the servitude right and register it in the Land Register of Scotland or the General Register of Sasines.\n(2) Such grant shall be made under declaration that the servitude right shall be capable of being exercised by the proprietors or proprietor for the time being of plots 75 and 78 at any time during which there are football pitches or a football pitch available for use on either or both of those plots.\n(3) The servitude right shall be subject to such restrictions as the authorised undertaker may reasonably impose for the protection of the authorised works or their operation, including—\n(a) the right to obstruct access across plots 76 and 83 temporarily for the purpose of maintaining the authorised works, and\n(b) restrictions on the nature of vehicles permitted to pass under the authorised works.\n(4) In the event of any such restrictions being imposed so as to obstruct access over plots 76 or 83, the authorised undertaker shall, if necessary to maintain continued vehicular and pedestrian access to and from and between plots 75 and 78, provide a suitable alternative right of pedestrian and vehicular access and egress to and from and between plots 76 and 83.\n(5) The exercise of any of the powers conferred by this Act in relation to the access road shall be subject to continued rights of pedestrian and vehicular access being available to and from plots 75 and 78 to the proprietors or proprietor for the time being of plots 75 and 78 at any time during which there are football pitches or a football pitch available for use on either or both of those plots.\n(6) In this section—\n  * “the access road” means the access road comprised within plots 78a, 82, 82b, 83 and 84;\n  * “the servitude right” means a servitude right of pedestrian and vehicular access over plots 76 and 83 in favour of the proprietor or proprietors for the time being of plots 75 and 78; and\nany reference to a numbered plot is a reference to all or any part of the land shown identified by that number on sheets 3 or 4 of the Parliamentary plans.\n\nPart 3 Miscellaneous and general\n\n32 Power to fell, etc. trees or shrubs\n(1) The authorised undertaker may fell, or lop or cut back the roots of any tree or shrub near any part of the authorised works (or land proposed to be used for the authorised works), if it reasonably believes such action to be necessary in order to prevent the tree or shrub—\n(a) from obstructing or interfering with the construction, maintenance or operation of the authorised works or any apparatus used for the purposes of the authorised works; or\n(b) from constituting a danger to persons using the authorised works.\n(2) In exercising the powers conferred by subsection (1), the authorised undertaker shall not do any unnecessary damage to any tree or shrub.\n(3) Any person who suffers loss or damage arising from the exercise of the powers conferred by this section shall be entitled to compensation.\n(4) Any dispute as to a person's entitlement to compensation under subsection (3), or as to the amount of the compensation, shall be determined under the 1963 Act.\n(5) The following, namely—\n(a) an order under section 160(1) of the 1997 Act (tree preservation orders); and\n(b) section 172(1) of that Act (which prohibits the doing in a conservation area of any act which might be prohibited by a tree preservation order),\nshall not apply to any exercise of the powers conferred by subsection (1).\n\n33 Powers of disposal, agreements for operation etc.\n(1) In addition to anything the authorised undertaker may do by virtue of any enactment or rule of law, it shall be competent for the authorised undertaker to enter into, and carry into effect, in connection with the authorised works, any agreement that includes provision for the matters described in subsection (2).\n(2) The matters referred to in subsection (1) are—\n(a) the transfer to and vesting in another person of all or any of the functions of the authorised undertaker under this Act, including the powers conferred by this section;\n(b) the disposal of the whole or any part of the undertaking consisting of the authorised works and any land held for the purposes of, or in connection with, those works;\n(c) the creation of any heritable security, charge or other encumbrance secured on the undertaking.\n(3) Any restrictions, liabilities or obligations to which the authorised undertaker is subject—\n(a) under this Act; or\n(b) under any undertaking or commitment given, by or on behalf of Strathclyde Partnership for Transport or any other authorised undertaker, at any time, whether before or after the passing of this Act,\nshall (notwithstanding any enactment or rule of law) be equally binding on any authorised undertaker.\n(4) Within 21 days of the completion of any agreement providing for any matter described in subsection (2)(a), the authorised undertaker making the transfer shall serve notice on the Scottish Ministers stating the name and address of the transferee and the date when the transfer is to take effect.\n(5) If an authorised undertaker fails, without reasonable excuse, to comply with the obligation imposed by subsection (4) it shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.\n(6) In subsection (1), an agreement entered into in connection with the authorised works includes any agreement—\n(a) with respect to the funding, construction, maintenance and operation of the authorised works and any matter consequential thereon or incidental or ancillary thereto; or\n(b) which (whether separately or as part of any other agreement) contains such supplementary, incidental, transitional and consequential provisions as the authorised undertaker may consider to be necessary or expedient.\n(7) In this section, unless the context otherwise requires—\n  * “disposal” includes sale, lease, excambion and charge; and\n  * “functions” includes powers, duties and obligations.\n\n34 Statutory undertakers, etc.\nThe provisions of schedule 7 to this Act shall have effect in relation to the authorised works.\n\n35 Arbitration\n(1) Where under any provision of this Act any difference (other than a difference to which the provisions of the Lands Clauses Acts apply) is to be determined by arbitration, then, unless otherwise provided, the difference shall be referred to, and settled by, a single arbiter.\n(2) Such arbiter is to be agreed between the parties or, failing agreement, to be appointed, on the application of either party (after notice in writing to the other), by the President for the time being of the Institution of Civil Engineers.\n(3) An arbiter appointed under this section shall be entitled to state a case for the opinion of the Court of Session pursuant to section 3 of the Administration of Justice (Scotland) Act 1972 (c. 59).\n(4) Section 108 of the 1996 Act (right to refer disputes to adjudication) and any regulations made under that section shall not apply to any dispute under this Act (whether or not it is a dispute of the sort described in subsection (1)).\n(5) Subsection (4) does not affect the operation of the 1996 Act so far as applicable to any contract under which a contracting party other than the authorised undertaker is responsible for the construction or funding of the authorised works.\n(6) In this section “the 1996 Act” means the Housing Grants, Regeneration and Construction Act 1996 (c. 53).\n\n36 Service of notices, etc.\n(1) A notice or other document required or authorised to be served on a person for the purposes of this Act may be served—\n(a) by delivering it to that person;\n(b) by leaving it at that person's proper address; or\n(c) by sending it by post to that person at that address.\n(2) A notice or document is duly served on a body corporate or a firm—\n(a) in the case of a body corporate if it is served on the secretary or clerk of that body; and\n(b) in the case of a firm, if it is served on a partner of that firm.\n(3) For the purposes of subsection (1) and of paragraph 4 of Schedule 1 to the Scotland Act 1998 (Transitory and Transitional Provisions) (Publication and Interpretation etc. of Acts of the Scottish Parliament) Order 1999 (S.I. 1999/1379), a letter is properly addressed to—\n(a) a body corporate, if addressed to the body at its registered or principal office;\n(b) a firm, if addressed to the firm at its principal office; or\n(c) any other person, if addressed to the person at that person's last known address.\n(4) Where for the purposes of this Act 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 person's name or address cannot be ascertained after reasonable enquiry, the notice may be served by—\n(a) addressing it to the person by name or by the description of “owner”, or as the case may be “occupier”, of the land; and\n(b) leaving it—\n(i) in the hands of a person who is or appears to be resident or employed on the land, or\n(ii) conspicuously affixed to some building or object on or near the land.\n(5) Nothing in this section excludes using any other method of service.\n\n37 Listed buildings\nSchedule 8 to this Act (which makes provision for the disapplication or modification, in relation to the authorised works, of controls relating to listed buildings) shall have effect.\n\n38 Saving for town and country planning\n(1) The 1997 Act and any orders, regulations, rules, schemes and directions made or given thereunder and any restrictions or powers thereby imposed or conferred in relation to land shall apply and may be exercised in relation to any land notwithstanding that the development of that land is or may be authorised or regulated by or under this Act.\n(2) In their application to development authorised by this Act, article 3 of, and Class 29 in Part 11 of Schedule 1 to, the 1992 Order (which permit, in certain cases, development authorised by an Act of Parliament) shall have effect as if—\n(a) the authority to develop given by this Act were limited to development begun within 10 years after the date on which this Act comes into force;\n(b) the powers conferred by this Act to provide facilities for the storage and handling of aviation fuel at Glasgow Airport were limited to the provision of facilities for the handling and storage of up to 3.5 million litres of aviation fuel, consisting of fuel tanks with a maximum height of 9 metres; and\n(c) the word “viaduct,” were inserted after the word “aqueduct,” in paragraph 2(a) of Class 29 in Part 11 of Schedule 1 to the 1992 Order.\n(3) Subsection (2)(a) shall not apply to the carrying out of any development consisting of the alteration, maintenance or repair of the authorised works or the substitution of new works therefor.\n\n39 Blighted land\nThis Act shall be deemed to be a special enactment for the purposes of paragraph 14 of Schedule 14 to the 1997 Act.\n\n40 Method of vesting land\n(1) Section 195 of, and Schedule 15 to, the 1997 Act shall apply to the compulsory acquisition of land under this Act as if this Act were a compulsory purchase order so as to enable the authorised undertaker to vest by general vesting declaration any land authorised to be compulsorily acquired under this Act.\n(2) The notice required by paragraph 2 of that Schedule (as so applied) shall be a notice—\n(a) that this Act has received Royal Assent;\n(b) containing the particulars specified in sub-paragraph (1) of that paragraph;\n(c) published and served in accordance with the requirements of paragraph 6 of Schedule 1 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42); and\n(d) given at any time after this Act comes into force.\n\n41 Certification of plans, etc.\n(1) The authorised undertaker shall, as soon as practicable after the coming into force of this Act, submit copies of the book of reference, the Parliamentary plans and the Parliamentary sections to the Clerk of the Parliament for certification under this section.\n(2) On being satisfied as to the accuracy of documents submitted under subsection (1), the Clerk shall certify them as being, respectively the book of reference, Parliamentary plans and Parliamentary sections referred to in this Act.\n(3) A document certified under this section shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.\n\n42 Registration of new rights\n(1) A servitude or other right acquired by the authorised undertaker under section 13 or 14 shall, unless otherwise expressly stated in the instrument by which it is created, be treated for all purposes as benefiting the land from time to time held by the authorised undertaker for the purposes of the authorised works.\n(2) Notwithstanding section 75 of the Title Conditions (Scotland) Act 2003 (asp 9), where a servitude falls to be treated as mentioned in subsection (1), the deed by which it is created shall be effective whether or not it is registered against the benefited property.\n\n43 Mitigation of environmental impacts\n(1) The authorised undertaker shall employ all reasonably practicable means to ensure—\n(a) that the environmental impacts of the construction and operation of the authorised works are not worse than the residual impacts identified in the environmental statement; and\n(b) that—\n(i) the additional environmental mitigation measures identified in the promoter's undertakings are carried out; or\n(ii) the environmental impacts of the construction or operation of the authorised works are not worse than they would have been had the mitigation measures referred to in sub-paragraph (i) been carried out.\n(2) In this section—\n  * “environmental statement” means the environmental statement submitted to the Parliament as an accompanying document with the Bill for this Act;\n  * “the promoter's undertakings” means all undertakings given by Strathclyde Partnership for Transport as Promoter of the Bill for this Act—\n    (a) to the Committee during the Consideration Stage of the Bill for this Act; or\n    (b) to any person in connection with that Bill;\n  * “residual impacts” means the environmental impacts of the construction or operation of the authorised works after the mitigation measures proposed in the environmental statement have been carried out.\n\n44 Application of Crichel Downs Rules\n(1) The authorised undertaker shall apply the Crichel Down Rules in relation to surplus land.\n(2) In this section—\n  * “the Crichel Down Rules” means the rules set out in the Scottish Development Department Circular 38 of 1992 (“Disposal of Surplus Government Land – the Crichel Down Rules”) as amended or superseded from time to time;\n  * “surplus land” means any land acquired compulsorily under section 12 which is subsequently declared by the authorised undertaker to be surplus to the authorised undertaker's requirements for the provision of the authorised works.\n\n45 Compliance with code of construction practice and noise and vibration policy\n(1) The authorised undertaker shall employ all reasonably practicable means to ensure that—\n(a) the authorised works are carried out in accordance with the code of construction practice as approved by the local planning authority for each area in which the authorised works are located and from time to time amended or replaced in accordance with schedule 9; and\n(b) the noise and vibration policy, as from time to time amended or replaced, is applied to the use and operation of the authorised works.\n(2) Neither the code of construction practice nor the noise and vibration policy shall be amended or replaced so as to reduce the standards of mitigation and protection provided for in the versions being amended or replaced.\n(3) Schedule 9 has effect in relation to the approval, amendment and replacement of the code of construction practice.\n(4) In this section “noise and vibration policy” means the “Policy Paper on behalf of the Promoter in respect of Noise and Vibration” dated 7 November 2006, a copy of which has been lodged with the Clerk of the Parliament to be held with the accompanying documents relating to the Bill for this Act.\n\n46 Regulation of mitigation measures\n(1) The requirements imposed by or pursuant to the following provisions, that is to say—\n(a) sections 43 and 45;\n(b) schedule 9 to this Act,\nshall be enforceable, and the local planning authority shall have the responsibility to enforce them, as valid planning conditions.\n(2) For the purposes only of such enforcement and any appeal against a decision of the local planning authority under section 47(1)(b) of the 1997 Act, planning permission for the construction of the authorised works shall be deemed to have been granted under section 37 of that Act subject to the imposition of those conditions under section 41 of that Act.\n(3) The local planning authority shall appoint an Environmental Clerk of Works to monitor the compliance by the authorised undertaker with the requirements referred to in subsection (1).\n\nPart 4 Supplementary\n\n47 Incorporation of enactments\n(1) The following enactments (so far as applicable for the purposes of and not inconsistent with, or varied by, the provisions of this Act) are incorporated with this Act—\n(a) the Lands Clauses Acts, except sections 120 to 124 of the 1845 Lands Act;\n(b) the 1845 Act, except sections 1, 7 to 17, 19, 20, 22, 23, 25 to 37, 40 to 50, 52 to 56, 58, 59, 66, 68, 87 and 88; and\n(c) in the Railways Clauses Act 1863 (c. 92), Part I (relating to construction of a railway) except sections 4 to 7.\n(2) This Act shall be deemed to be the special Act for the purposes of the enactments incorporated by subsection (1), and in the 1845 Act as so incorporated—\n(a) sections 18 and 21 shall not apply in any case where the relations between the authorised undertaker and any other person are regulated by sections 143 and 144 of the 1991 Act;\n(b) section 60 shall have effect with the omission of the words from “Such and” to “formation thereof” and from “together with all necessary gates” to “all necessary stiles”.\n\n48 Application of original railway enactments\n(1) As from—\n(a) the acquisition of any land by the authorised undertaker, whether compulsorily or by agreement; or\n(b) the entry on the land by the authorised undertaker under section 24,\nwhichever is sooner, BRBR shall be discharged from any obligation to which it is subject in relation to that land under any statutory provision relating to a former railway.\n(2) In this section—\n  * “BRBR” means BRB (Residuary) Limited (company no. 04146505) and its successors;\n  * “a former railway” means any railway which had at any time prior to the passing of this Act been situated within the Act limits but which has not vested in Network Rail Infrastructure Limited (company no. 2904587 and formerly known as Railtrack PLC).\n\n49 Disapplication of statutory and other restrictions on acquisition and use of certain land\n(1) Neither section 63 of the Paisley Improvement Act 1877 (c.cxlix) (Corporation to retain and ultimately lay out the racecourse land as a public park) nor any relevant restriction shall prevent the authorised undertaker acquiring under this Act such interest or rights as it requires for the purpose of the authorised works in land to which that section applies, and that section shall—\n(a) cease to have effect in respect of so much of that land as is so acquired;\n(b) not apply to any part of that land which is temporarily occupied or used by the authorised undertaker under this Act for the purpose of constructing or maintaining the authorised works during the period in which it is so occupied or used.\n(2) For the purpose of this section a relevant restriction is any restriction arising from the status of any land as land forming part of the common good of a local authority.\n\n50 Rights of the Crown and Scottish Ministers\n(1) Nothing in this Act affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown or the Scottish Ministers.\n(2) Without prejudice to the generality of subsection (1), nothing in this Act authorises the acquisition of land (including any rights or interests in land)—\n(a) belonging to Her Majesty in right of the Crown and under the management of the Crown Estate Commissioners or a relevant person, without the consent in writing of those Commissioners or that person; or\n(b) held or used by a Minister of the Crown, a government department or the Scottish Ministers, without the consent in writing of that Minister or government department or of the Scottish Ministers.\n(2A) In subsection (2), “relevant person”, in relation to any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that property or those rights or interests.\n(3) A consent under subsection (2) may be given unconditionally or subject to terms and conditions.\n\n51 Interpretation\n(1) In this Act—\n  * “the 1845 Act” means the Railways Clauses Consolidation (Scotland) Act 1845 (c. 33);\n  * “the 1845 Lands Act” means the Lands Clauses Consolidation (Scotland) Act 1845 (c. 19);\n  * “the 1963 Act” means the Land Compensation (Scotland) Act 1963 (c. 51);\n  * “the 1991 Act” means the New Roads and Street Works Act 1991 (c. 22);\n  * “the 1997 Act” means the Town and Country Planning (Scotland) Act 1997 (c. 8);\n  * “the 1992 Order” means the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (S.I. 1992/223);\n  * “the Act limits” means the limits of deviation, the limits of land to be acquired or used and the limits of land for safeguarding works;\n  * “the ancillary works” has the meaning given by section 3;\n  * “the authorised undertaker” means, at any time, the Strathclyde Partnership for Transport or such other person or persons in whom are vested at that time some or all of the functions conferred by this Act concerning the authorised works;\n  * “the authorised works” means the works authorised by this Act comprising both the scheduled works and the ancillary works;\n  * “book of reference” means the book of reference submitted to the Parliament as an accompanying document with the Bill for this Act;\n  * “code of construction practice” means the edition of the Code of Construction Practice (which sets out the measures to be employed in the construction of the authorised works so as to mitigate the impact of those works) dated 7 November 2006, a copy of which has been lodged with the Clerk of the Parliament to be held with the accompanying documents relating to the Bill for this Act;\n  * “the Committee” means the Glasgow Airport Rail Link Bill Committee to which the Bill for this Act was referred and includes any assessor appointed under Rule 9A.9.1B of the Standing Orders of the Parliament;\n  * “construction” includes execution, placing, alteration and reconstruction and demolition; and “construct” and “constructed” have corresponding meanings;\n  * “enactment” includes any order, byelaw, rule, regulation, scheme or other instrument having effect by virtue of an enactment;\n  * “the limits of deviation” means the limits so described on the Parliamentary plans;\n  * “the limits of land to be acquired or used” means the limits so described on the Parliamentary plans;\n  * “the limits of land for safeguarding works” means the limits so described on the Parliamentary plans;\n  * “maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace; and “maintenance” shall be construed accordingly;\n  * “Parliamentary plans” means the plans submitted to the Parliament as accompanying documents with the Bill for this Act;\n  * “Parliamentary sections” means the sections submitted to the Parliament as accompanying documents with the Bill for this Act;\n  * “road” has the meaning given by section 107 of the 1991 Act;\n  * “the road works authority” has the meaning given by section 108 of the 1991 Act;\n  * “the roads authority” has the meaning given by section 151(1) of the Roads (Scotland) Act 1984 (c. 54);\n  * “the scheduled works” has the meaning given by section 2;\n  * “SEPA” means the Scottish Environment Protection Agency established under section 20 of the Environment Act 1995 (c. 25);\n  * “SNH” means Scottish Natural Heritage established under section 1 of the Natural Heritage (Scotland) Act 1991 (c. 28); and\n  * “the tribunal” means the Lands Tribunal for Scotland.\n(2) Except in relation to section 4, any reference in any description of works, powers or land to area, distance, length or direction, or to a particular location, shall be construed as if qualified by the words “or thereby”.\n\n52 Short title\nThis Act may be cited as the Glasgow Airport Rail Link Act 2007.\n\nSCHEDULE 1 Scheduled works\n(introduced by section 2)\n\nIn the local government area of Renfrewshire—\n  * Work No. 1 – A railway (2,115 metres in length) commencing within Glasgow Airport at a new station at a point 160 metres west of the junction of White Cart Road with St Andrew's Drive, passing on viaduct westwards over Caledonian Way West and St Andrew's Drive West then passing on viaduct southwards over the M8 motorway, St James' Park, the A726 road, McFarlane Street and Clark Street then passing on embankment to Murray Street, continuing south-eastwards and terminating by a junction with the Paisley to Gourock Line at a point 150 metres south of the junction of Murray Street with Mackean Street. Work No. 1 includes a single span bridge over the M8 as part of the said viaduct and the widening of the bridge carrying the existing railway over Murray Street.\n  * Work No. 1A – An elevated structure linking the proposed station with the existing terminal building at Glasgow Airport commencing at a point 220 metres north-east of the junction of Caledonian Way with Caledonian Way West, passing over Caledonian Way and terminating at a point 180 metres west of the junction of White Cart Road with St Andrew's Drive.\n  * Work No. 1B – An access road, commencing by a junction with the eastbound St James' Interchange to Glasgow Airport access road at a point 175 metres south-west of the junction of that road with St Andrew's Crescent and terminating at a point 50 metres north-west of the point of commencement.\n  * Work No. 1C – A lowering of Murray Street between a point 230 metres east of its junction with Greenhill Road and a point 48 metres east of its commencement.\n  * Work No. 2 – A railway (104 metres in length) forming a cross-over between the Up and Down Lines of the Paisley to Gourock Line, commencing by a junction with that railway at a point 167 metres south-east of the bridge carrying the railway over Stirrat Street and terminating 104 metres south-east of its commencement.\n  * Work No. 3 – A realignment of the Glasgow Central to Ayr Line, (1,698 metres in length) including the remodelling of Wallneuk and Arkleston Junctions, commencing by a junction with that railway at a point 150 metres south-west of the junction of Brick Lane with North Croft Street, passing north-eastwards and terminating by a junction with that railway 142 metres north-east of the junction of Arkleston Drive with Endrick Drive.\n\nIn the local government areas of Renfrewshire and the City of Glasgow—\n  * Work No. 4 – A railway (6,813 metres in length) commencing by a junction with Work No. 3 at its termination, passing eastwards and terminating at a point 155 metres north of the junction of Woodrow Circus with Maxwell Drive. Work No. 4 includes realignment of the existing tracks and the widening of the bridge carrying the railway over Sandwood Road.\n  * Work No. 4A – A railway (298 metres in length) forming cross-overs between the Up line and Down line of the Glasgow Central to Ayr railway and the intended railway in Work No.4 including the realignment of the junction into Deanside Sidings, commencing by a junction with the Deanside Sidings railway at a point 125 metres north-east of the junction of Lintlaw Drive and Ladykirk Drive and terminating by a junction with the Glasgow Central to Ayr railway at a point 125 metres east of the bridge carrying Berryknowes Road over the railway.\n\nIn the local government area of the City of Glasgow—\nWork No. 5 – A railway 378 metres in length, commencing by a junction with the West Coast Main Line at a point 52 metres north-east of the junction of Clyde Place and George V Bridge, passing northwards and terminating in Glasgow Central Station at a point 48 metres north-east of the junction of Hope Street with Argyle Street.\n\nIn the local government area of Renfrewshire—\nWork No. 6 – A railway (606 metres in length) forming an extension of the existing passing loop at Elderslie adjoining the Up line of the Glasgow Central to Ayr railway, commencing by a junction with that railway 465 metres west of the junction of Main Road with Newton Avenue, passing eastwards and terminating by a junction with that railway 150 metres north-east of the said junction of Main Road with Newton Avenue.\n\nSCHEDULE 2 Ancillary works\n(introduced by section 3)\n\nIn the local government area of Renfrewshire and the City of Glasgow—\n1 Works for the provision of recreational facilities in St James' Park.\n2 Works for the provision of facilities for the storage and handling of aviation fuel at Glasgow Airport.\n3 Buildings, platforms, junctions and stopping places.\n4 Bridges, subways, stairs, lifts, escalators, roundabouts and means of access.\n5 Junctions and communications with, and widening of, any road, path or way.\n6 Works for the provision (for the authorised undertaker or any other person) of apparatus, plant or machinery and for the accommodation of such works, including mains, sewers, pipes, drains, cables, lights, conduits and culverts.\n7 Works for the strengthening, underpinning, protection, alteration or demolition of any building or structure.\n8 Works or operations to stabilise the condition of any land or for the purposes of flood prevention.\n9 Works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses.\n10 Works to alter the position of any existing apparatus or any existing street furniture, including the alteration of the position of existing works of the sort described in paragraph 6.\n11 Without prejudice to the generality of paragraph 10, works to alter the position of any railway track or other railway apparatus.\n12 Landscaping, ecological and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised works.\n13 Works for the benefit or protection of premises affected by the authorised works.\n14 The removal by the authorised undertaker of any works constructed by it pursuant to this Act which have been constructed as temporary works or which it no longer requires.\n15 Such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with, or in consequence of, the construction of the authorised works.\n\nSCHEDULE 3 Roads to be temporarily stopped up\n(introduced by section 9)\nSheet of Parliamentary plans                                           Road to be stopped up  Extent of temporary stopping up\n(1)                                                                    (2)                    (3)\nIn the local government area of Renfrewshire—\n3 and 4                                                                A726, Paisley          Between points T1 and T2\n3 and 4                                                                McFarlane Street       Between points T3 and T4\n3 and 4                                                                Clark Street           Between points T5 and T6\n5                                                                      Murray Street          Between points T7 and T8\nIn the local government area of Renfrewshire and the City of Glasgow—\n11                                                                     Sandwood Road          Between points T9 and T10\n\n\nSCHEDULE 4 Safeguarding works: procedure\n(introduced by section 11)\n1 Safeguarding works may be carried out—\n(a) at any time before or during the construction in the vicinity of the building of any part of the authorised works; or\n(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 five years beginning with the day on which that part of the authorised works is first opened for use.\n2 For the purpose of determining how the powers conferred by section 11 of this Act are to be exercised, the authorised undertaker may enter and survey any building falling within subsection (1) of that section and any land belonging to it and may affix to, place on, leave on and remove from such building or land apparatus for use in connection with such survey.\n3 For the purpose of carrying out safeguarding works to a building under section 11 of this Act, the authorised undertaker may (subject to paragraphs 4 and 5)—\n(a) enter the building and any land belonging to it; and\n(b) where the works cannot be carried out reasonably conveniently without entering land adjacent to the building, enter the adjacent land (but not any building erected on it).\n4 Before exercising—\n(a) a right under section 11 of this Act to carry out safeguarding works to a building;\n(b) a right under paragraph 2 to enter a building;\n(c) a right under paragraph 3(a) to enter a building or land; or\n(d) a right under paragraph 3(b) to enter land,\nthe authorised undertaker shall, 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) the notice shall also specify the safeguarding works proposed to be carried out.\n5 Where notice is served under paragraph 4(a), (b), (c) or (d), the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question whether it is necessary or expedient to carry out the safeguarding works or to enter the building or land to be determined by arbitration.\n6 The authorised undertaker shall compensate the owners and occupiers of any building or land in relation to which the powers conferred by this schedule have been exercised for any loss or damage arising to them by reason of the exercise of those powers.\n7 Where—\n(a) safeguarding works to a building are carried out under section 11 of this Act; and\n(b) within the period of five years beginning with the day on which the part of the authorised works constructed in the vicinity of the building is first opened for use, it appears that the safeguarding works are inadequate to protect the building against damage caused by the construction or operation of that part of the authorised works,\nthe authorised undertaker shall compensate the owners and occupiers of the building for any damage sustained by them.\n8 Nothing in this schedule shall relieve the authorised undertaker from any liability to pay compensation under the Land Clauses Acts.\n9 Any dispute as to a person's entitlement to compensation under paragraph 6 or 7, or as to the amount of the compensation, shall be determined under the 1963 Act.\n\nSCHEDULE 5 Acquisition of land, etc. outside limits of deviation\n(introduced by section 14)\n\nPart 1 Acquisition of land\nLocation                                       Sheet of Parliamentary plans  Number of land shown on plans  Purposes for which land to be acquired\n(1)                                            (2)                           (3)                            (4)\nIn the local government area of Renfrewshire—\nGlasgow Airport                                1 and 2                       30                             Working space, access for construction and diversion of utilities\nGlasgow Airport                                1 and 2                       33                             Working space, access for construction, diversion of utilities and thereafter access for maintenance\nGlasgow Airport                                2                             68                             Working space, access for construction and diversion of utilities\nGlasgow Airport                                2                             72                             Replacement of fuel farm\nMurray Street Business Area                    5                             109                            Working space, access for construction and diversion of utilities\n\n\nPart 2 Acquisition of rights only\nLocation                                              Sheet of Parliamentary plans  Number of land shown on plans        Purposes for which rights may be acquired\n(1)                                                   (2)                           (3)                                  (4)\nIn the local government area of Renfrewshire—\nGlasgow Airport                                       1                             1 and 7                              Access for construction and thereafter for maintenance\nGlasgow Airport                                       1                             5                                    Access for construction\nGlasgow Airport                                       1 and 2                       16                                   Access for construction and thereafter for maintenance\nGlasgow Airport                                       1                             19                                   Access for construction\nGlasgow Airport                                       1                             23, 25 and 28                        Access for construction and thereafter for maintenance\nGlasgow Airport                                       2                             39, 46 and 48                        Access for construction and thereafter for maintenance\nGlasgow Airport                                       2                             64                                   Access for construction and thereafter for maintenance\nGlasgow Airport                                       2                             69                                   Air space for oversailing during construction of works\nSt James' Park                                        3 and 4                       82                                   Access for maintenance on completion of Work No.1\nSt James' Park                                        3                             82b and 84                           Access for maintenance on completion of Work No.1\nSt James' Park                                        4                             80, 80a and 82a                      Access for maintenance on completion of Work No.1\nSt James' Park                                        4                             81a                                  Access for construction\nMurray Street Business Area                           3                             100                                  Access for construction\nPaisley                                               6                             133                                  Access for construction and thereafter for maintenance\nPaisley                                               6                             135 and 136                          Access for construction\nElderslie                                             20                            149 and 151                          Access for construction and thereafter for maintenance\nIn the local government area of the City of Glasgow—\nShields Junction                                      18                            39                                   Access for construction\nGlasgow Central Station                               19                            46a and 48                           Access for construction\nGlasgow Central Station                               19                            49a, 49c at its upper level and 49d  Access for construction and thereafter for maintenance\n\n\nSCHEDULE 6 Land of which temporary possession may be taken\n(introduced by section 16)\nLocation                                              Sheet of Parliamentary plans  Number of land shown on plans                                                          Purposes for which temporary possession may be taken                                                                                                             Authorised work\n(1)                                                   (2)                           (3)                                                                                    (4)                                                                                                                                                              (5)\nIn the local government area of Renfrewshire—\nGlasgow Airport                                       1                             6, 9, 10 and 12a                                                                       Construction compound, working space and access for construction                                                                                                 Works Nos. 1 and 1A\nGlasgow Airport                                       1                             23, 25 and 28                                                                          Working space                                                                                                                                                    Work No. 1\nGlasgow Airport                                       1                             23a, 26, 26a, 26b, 27, 27a and 29                                                      Working space and access for construction                                                                                                                        Work No. 1\nGlasgow Airport                                       2                             36, 37, 38, 40, 41, 42, 49 and 71c                                                     Working space and access for construction                                                                                                                        Work No. 1\nGlasgow Airport                                       2                             39                                                                                     Working space                                                                                                                                                    Work No. 1\nGlasgow Airport                                       2                             45                                                                                     Construction compound, working space and access for construction                                                                                                 Work No. 1\nGlasgow Airport                                       2                             46                                                                                     Working space                                                                                                                                                    Work No. 1\nGlasgow Airport                                       2                             51, 53, 55 and 57                                                                      Construction compound, working space and access for construction                                                                                                 Work No. 1\nGlasgow Airport                                       2                             58 and 63                                                                              Construction compound, working space and access for construction                                                                                                 Work No. 1\nGlasgow Airport                                       2                             64                                                                                     Working space                                                                                                                                                    Work No. 1\nGlasgow Airport                                       2                             69a                                                                                    Working space and access for construction                                                                                                                        Work No. 1\nGlasgow Airport                                       2                             70                                                                                     Construction compound and access                                                                                                                                 Work No. 1\nGlasgow Airport                                       2                             70a, 70b and 70c                                                                       Working space and access for construction                                                                                                                        Work No. 1B\nGlasgow Airport                                       2                             71                                                                                     Working space and access for construction                                                                                                                        Work No. 1\nGlasgow Airport                                       2                             71a and 71b                                                                            Working space and access for construction                                                                                                                        Work No. 1\nGlasgow Airport                                       2                             72a, 72b, 72c and 72d                                                                  Construction compound, working space and access for construction                                                                                                 Work No. 1B\nSt James' Park                                        2 and 4                       74                                                                                     Provision of recreational facilities, associated mitigation and landscaping                                                                                      Work No. 1\nSt James' Park                                        2, 3 and 4                    75                                                                                     Construction compound, working space and access for construction and thereafter for provision of recreational facilities, associated mitigation and landscaping  Work No. 1\nSt James' Park                                        2 and 3                       77                                                                                     Working space and access for construction                                                                                                                        Work No. 1\nSt James' Park                                        2 and 3                       78                                                                                     Provision of recreational facilities, associated mitigation and landscaping                                                                                      Work No. 1\nSt James' Park                                        3                             79                                                                                     Working space                                                                                                                                                    Work No. 1\nSt James' Park                                        3                             78a, 82b, 84, 86, 88, 89 and 91                                                        Working space and access for construction                                                                                                                        Work No. 1\nMurray Street Business Area                           3                             92, 94a and 95                                                                         Working space and access for construction                                                                                                                        Work No. 1\nSt James' Park                                        4                             81                                                                                     Landscaping and mitigation                                                                                                                                       Work No. 1\nMurray Street Business Area                           3 and 5                       101                                                                                    Construction compound, working space and access for construction                                                                                                 Works Nos. 1 and 1C\nMurray Street Business Area                           3 and 5                       103 and 104                                                                            Construction compound, working space and access for construction                                                                                                 Work No. 1\nMurray Street Business Area                           5                             107 and 107a                                                                           Construction compound, working space and access for construction                                                                                                 Works Nos. 1 and 1C\nMurray Street Business Area                           5                             111 and 116                                                                            Working space and access for construction                                                                                                                        Work No. 1C\nMurray Street Business Area                           5                             117 and 119                                                                            Working space and access for construction                                                                                                                        Work No. 1\nPaisley                                               6                             130 and 132                                                                            Construction compound and access                                                                                                                                 Work No. 3\nGallowhill                                            7                             137                                                                                    Construction compound, working space and access for construction                                                                                                 Work No. 3\nArkleston                                             8                             140                                                                                    Construction compound and access                                                                                                                                 Works Nos. 3 and 4\nElderslie                                             20                            152                                                                                    Working space and access for construction                                                                                                                        Work No. 6\nIn the local government area of the City of Glasgow—\nHillington                                            13                            11 and 11a                                                                             Construction compound, working space and access for construction                                                                                                 Works Nos. 4 and 4A\nGovan                                                 16                            22                                                                                     Construction compound and access for construction                                                                                                                Work No. 4\nShields Junction                                      18                            41                                                                                     Construction compound and access for construction                                                                                                                Work No. 4\nGlasgow Central Station                               19                            47                                                                                     Construction compound, working space and access for construction                                                                                                 Work No. 5\nGlasgow Central Station                               19                            46, 49, 49a, 49b, 49c and 49d                                                          Working space                                                                                                                                                    Work No. 5\nGlasgow Central Station                               19                            45, in respect of the premises leased by CGM (Oswald) Limited (company no. SC 190896)  Working space and access for construction                                                                                                                        Work No. 5\n\n\nSCHEDULE 7 Statutory undertakers, etc.\n(introduced by section 34)\n1 Subject to the provisions of this schedule, sections 224 to 227 of the 1997 Act (power to extinguish rights of statutory undertakers, etc. and power of statutory undertakers, etc. to remove or re-site apparatus) shall apply in relation to any land which has been acquired under this Act, or which is held by the authorised undertaker and is appropriated or used (or about to be used) by it for the purposes of this Act or for purposes connected with this Act.\n2 All such other provisions of the 1997 Act as apply for the purposes of the provisions applied by paragraph 1 (including sections 228 to 231, which contain provisions consequential on the extinguishment of any rights under sections 224 and 225, and sections 232(2) to (4), 233 and 235, which provide for the payment of compensation) shall have effect accordingly.\n3 Where any apparatus of a utility undertaker or of a public communications provider is removed in pursuance of a notice or order given or made under section 224, 225 or 226 of the 1997 Act, as applied by paragraph 1, any person who is the owner or occupier of premises to which a supply was given from that apparatus shall be entitled to recover from the authorised 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.\n4 Paragraph 3 shall not apply in the case of the removal of a public sewer, but where such a sewer is removed in pursuance of such a notice or order as is mentioned in that paragraph, any person who is—\n(a) the owner or occupier of premises the drains of which communicated with that sewer; or\n(b) the owner of a private sewer which communicated with that sewer,\nshall be entitled to recover from the authorised undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the person's drain or sewer communicate with any other public sewer or with a private sewage disposal plant.\n5 The provisions of the 1997 Act mentioned in paragraphs 1 and 2, as applied by those paragraphs, shall not have effect in relation to apparatus as respects which Part IV of the 1991 Act applies.\n6 In this schedule—\n  * “gas transporter” has the meaning given by section 7(1) of the Gas Act 1986 (c. 44);\n  * “public communications provider” has the meaning given by section 151(1) of the Communications Act 2003 (c. 21); and\n  * “utility undertaker” means a person who is—\n    (a) authorised by any enactment to carry on an undertaking for the supply of water;\n    (b) a gas transporter; or\n    (c) the holder of a licence under section 6 of the Electricity Act 1989 (c. 29),\n    and who is, or is deemed to be, a statutory undertaker within the meaning of section 214 of the 1997 Act.\n\nSCHEDULE 8 Listed buildings\n(introduced by section 37)\n1(1)Subject to sub-paragraph (2), if a listed building was such a building immediately before 1st September 2004 and is specified in columns (1), (2) and (3) of the following table—\n(a) section 6 of the Listed Buildings Act (restriction on works affecting listed buildings) shall not apply to works carried out in relation to the building in exercise of the powers conferred by Part 1 of this Act;\n(b) to the extent that a notice issued in relation to the building under section 34(1) of that Act (enforcement) requires the taking of steps which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers conferred by Part 1 of this Act, it shall not have effect or, as the case may be, shall cease to have effect;\n(c) no steps may be taken in relation to the building under section 38(1) of that Act (execution of works specified in notice under section 34(1)) which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b); and\n(d) no works may be executed for the preservation of the building under section 49 of that Act (urgent works to preserve unoccupied listed buildings) which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b).\n(2) In the case of the building specified in columns (1), (2) and (3) of the following table in relation to which any description of works is specified in column (4) of that table, sub-paragraph (1) shall have effect as if the references to works carried out in exercise of the powers conferred by Part 1 of this Act were to works so carried out which are of a description specified in relation to it in that column.\n(3) Paragraphs (a) to (d) of sub-paragraph (1) shall also apply in relation to a listed building which was not such a building immediately before 1st September 2004.\n(4) Anything which, by virtue of section 1(4) of the Listed Buildings Act (objects or structures fixed to, or within the curtilage of, a building), is treated as part of a building for the purposes of that Act shall be treated as part of the building for the purposes of this paragraph.\n\nTable\n\nBuilding authorised to be altered\nLocal government area  Sheet of Parliamentary plans  Building authorised to be altered  Limit of authorised alteration\n(1)                    (2)                           (3)                                (4)\nCity of Glasgow        19                            Glasgow Central Station            Alterations in connection with platform lengthening, installation of overhead line electrification and to exit ramp to Oswald Street and rearrangement of ancillary buildings and facilities.\n                                                                                        Strengthening works to undercroft, Midland Street bridge and Argyle Street bridge.\n\n2 Section 53 of the Listed Buildings Act (acts causing or likely to result in damage to listed buildings) shall not apply to anything done in exercise of the powers conferred by Part 1 of this Act with respect to works.\n3 In this schedule—\n  * “the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c. 9); and\n  * “building” and “listed building” have the same meanings as in the Listed Buildings Act.\n\nSCHEDULE 9 Code of construction practice\n(introduced by section 45)\n1 Before commencing construction of the authorised works located in the area of a local planning authority the authorised undertaker shall secure that the code of construction practice is submitted to the local planning authority for its written approval.\n2 The local planning authority shall send a copy of every code submitted pursuant to paragraph 1, and any amendment or replacement proposed by the authorised undertaker pursuant to paragraph 3, to SNH and SEPA and shall take account of any representations made to the local planning authority by either of those bodies.\n3 The authorised undertaker may with the approval of the local planning authority amend or replace the code of construction practice.\n4 In approving the code of construction practice or any amendment or replacement submitted under this schedule the local planning authority may require the authorised undertaker to make amendments to the code or to the amendment or replacement as the case may be.","title":""}
{"_id":"text_ukpga_Geo5_16-17_16","text":"[8th July 1926]\n\n1 Sheriff officer to have the powers of a messenger-at-arms in certain places.\nIn any countysheriff court districtin which there is no resident messenger-at-arms, or in any of the islands of Scotland, a sheriff officer duly authorised to practice in any part of the sheriffdom comprising such countysheriff court districtor island shall have all the powers of a messenger-at-arms in regard to the service of any summons, writ, citation or other proceeding or to the execution of or diligence on, any decree warrant or order.\n\n2 Execution of arrestment or charge by registered letter in certain cases.\n(1) It shall be competent to execute by registered letter in accordance with the provisions hereinafter contained:—\n(a) an arrestment proceeding on any warrant or decree of the sheriff in a summary cause, or\n(b) a charge upon a decree for payment of money, granted by the sheriff in a summary cause, if the place of execution is in any of the islands of Scotland or in any sheriff court districtin which there is no resident sheriff officer, or is more than twelve miles distant from the seat of the court where such decree was granted.\n(2) The following provisions shall apply to the execution by registered letter of an arrestment or charge in pursuance of the foregoing provisions of this section:—\n(a) A registered letter containing the writ or other document to be served shall be sent by post to the known residence or place of business of the person in whose hands the arrestment is to be used (hereinafter referred to as the arrestee) or against whom the charge is to be executed (hereinafter referred to as the debtor) or to the last known address of such arrestee or debtor if it continues to be his legal domicile or proper place of citation:\n(b) The registered letter may be sent by a sheriff officer who would be entitled to execute the arrestment or the charge according to the law and practice existing at the passing of this Act, or by a messenger-at-arms resident in the sheriffdom in which the place of execution is situated, or, if there is no sheriff officer, or messenger-at-arms resident in the sheriffdom, by a solicitor:\n(c) On the back of the registered letter besides the address there shall be written or printed the following notice or a notice to the like effect:— “If delivery of this letter cannot be made, it is to be returned immediately to give the name and address of solicitor, messenger-at-arms or sheriff officer concerned”:\n(d) The execution to be returned shall be accompanied by the Post Office receipt for the registered letter:\n(e) Delivery of a registered letter sent in accordance with the foregoing provisions shall constitute a valid arrestment in the hands of the arrestee, or a valid execution of the charge against the debtor as the case may be as at the time of such delivery, and where in any proceedings in which the validity of such arrestment or of such charge is in question there is produced an acknowledgment or certificate of the delivery of the registered letter issued by a universal service provider (within the meaning of Part 3 of the Postal Services Act 2011) in pursuance of any provision contained in a scheme made under section 89 of the Postal Services Act 2000, the letter shall be presumed to have been delivered to the arrestee or to the debtor at the address and on the date specified in such acknowledgment or certificate, unless it shall be proved by the arrestee or the debtor or any person having an interest that the registered letter was never in fact delivered to or received by the arrestee or the debtor as the case may be, or any person with his authority, express or necessarily implied, or was so delivered on some other day:\n(f) Where, in any proceedings in which the validity of any such arrestment or of such charge is in question, it is proved that the registered letter sent in pursuance of the foregoing provisions was duly tendered at the proper address of the arrestee or the debtor, but was refused by him or by some person with his authority, express or necessarily implied; the Court may if it shall think fit hold such tender and refusal equivalent to delivery of the registered letter for the purposes of this section:\n(g) The provisions ofrule 6.1 in the First Schedule to the Sheriff Courts (Scotland) Act 1907, shall not apply to service of a schedule of arrestment in accordance with the foregoing provisions.\n\n3 Authorisation by sheriff to do diligence in certain cases.\nWhere an extract decree or warrant granted by any court in Scotland is presented to the sheriff within whose jurisdiction such decree or warrant requires to be executed, and the sheriff is satisfied that no messenger-at-arms or sheriff officer is reasonably available to execute such decree or warrant, the sheriff may, if he shall think fit, grant authority to any person whom he may deem suitable (but not including the solicitor of the party presenting the extract decree or warrant) to execute such decree or warrant, and the person so authorised shall as regards any diligence or execution competent on such decree or warrant have all the powers of a messenger-at-arms or sheriff officer.\n\n4 Meaning of “enrolled law agent” in 45 & 46 Vict. c. 77.\nFor the purposes of section three of the Citation Amendment (Scotland) Act 1882, the expression “enrolled law agent” shall mean—\n(a) in the case of a summons, warrant or judicial intimation issued from the Court of Session, a law agent whose name is on the roll of law agents practising before such court kept in pursuance of section twelve of the Law Agents (Scotland) Act 1873; and\n(b) in the case of a summons, warrant or judicial intimation issued from the sheriff court, a law agent whose name is on the roll, kept in pursuance of section thirteen of the said Act, of law agents practising in any sheriff court of the sheriffdom in which the summons, warrant or judicial intimation is to be executed.\n\n5 Interpretation.\nIn this Act, unless the context otherwise requires, the expression . . . . . . , the expression “arrestment” shall include arrestment on the dependence, arrestment in security, and arrestment in execution, but shall not include arrestment to found jurisdiction; a law agent shall be deemed to be enrolled in a sheriffdom if his name is on the roll, kept in pursuance of section thirteen of the Law Agents (Scotland) Act 1873, of law agents practising in any of the sheriff courts in that sheriffdom.\n\n6 Regulations, forms and fees.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n8 Short title.\nThis Act may be cited as the Execution of Diligence (Scotland) Act 1926.","title":""}
{"_id":"text_ukpga_1973_54","text":"[25th July 1973]\n\n1 The Nature Conservancy Council.\n(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3) The Science and Technology Act 1965 (in this Act referred to as “the 1965 Act”) shall have effect subject to the amendments set out in Schedule 2 to this Act, being amendments consequential on the establishment of the Council.\n(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(9) The administrative and supplementary provisions contained in Schedule 3 to this Act shall have effect with respect to the Council.\n\n2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n5 Short title, repeals and extent.\n(1) This Act may be cited as the Nature Conservancy Council Act 1973.\n(2) The enactments specified in Schedule 4 to this Act are hereby repealed to the extent mentioned in column 3 of that Schedule.\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . this Act does not extend to Northern Ireland.\n\nSCHEDULES\nSection 1.\n\nSCHEDULE 1 Amendments of Enactments Consequential on Transfer of Statutory Functions to Council\n\nNational Parks and Access to the Countryside Act 1949\n1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n2(1)For subsection (1) of section 103 of that Act (general provisions as to acquisition of land) there shall be substituted the following subsection—\n“(1)Any power conferred by this Act on the Nature Conservancy Council or a local authority to acquire land compulsorily shall be exercisable in any particular case on their being authorised so to do by the Secretary of State.”\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nDeer (Scotland) Act 1959\n4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nWater Resources Act 1963\n6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nTees Valley and Cleveland Water Act 1967\n8 In section 3(1) of the Tees Valley and Cleveland Water Act 1967 (interpretation) for the definition of “research council” there shall be substituted the following definition:— “research council” means the Nature Conservancy Council ; ”.\n\nCountryside Act 1968\n9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nConservation of Seals Act 1970\n10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nChichester Harbour Conservancy Act 1971\n11 In section 11(3) of the Chichester Harbour Conservancy Act 1971 (constitution of the Chichester Harbour Conservancy Advisory Council) for paragraph (e) there shall be substituted the following paragraph:—\n“(e) one shall be appointed on the nomination of the Nature Conservancy Council ;”.\n\nBadgers Act 1973\n12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nMedway Ports Authority Act 1973\n13 In section 93 of the Medway Ports Authority Act 1973 (protection of Nature Conservancy) after the words “Nature Conservancy” there shall be added the word “Council”.\nSection 1.\n\nSCHEDULE 2 Amendments of 1965 Act Consequential on Establishment of Council\n1 In section 1(3) of the 1965 Act (which sets out the objects of the Natural Environment Research Council) the words “and the establishment, maintenance and management of nature reserves” shall cease to have effect.\n2 For subsection (3) of section 3 of that Act (re-allocation of activities connected with scientific research) there shall be substituted the following subsection:—\n“(3)The Natural Environment Research Council shall carry on the former activities of the National Oceanographic Council.”\n3 Subsection (4) of the said section 3 shall cease to have effect.\nSection 1.\n\nSCHEDULE 3 Administrative and Supplementary Provisions Relating to Council\n\nPart I. . .\n\n. . .\n1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n. . .\n10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n. . .\n13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n. . .\n15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n. . .\n16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n  * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nPart II. . .\n\nHouse of Commons Disqualification Act 1957\n19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nSuperannuation Act 1965\n20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nPart III Transitional\n21(1)The Secretary of State may at any time by order made by statutory instrument make such incidental, consequential transitional or supplementary provision as may appear to him to be necessary or proper for the general or any particular purposes of this Act or in consequence of any of the provisions thereof or for giving full effect thereto, and nothing in any other provision of this Act shall be construed as prejudicing the generality of this sub-paragraph.\n(2) An order under this paragraph may include provision for the transfer of rights, liabilities and obligations to the Council in connection with the transfer to them of functions discharged by the Natural Environment Research Council before the day appointed by section 1(7) above, and may in particular provide—\n(a) for the transfer and management or custody of property, whether real or personal, and in Scotland whether heritable or moveable, held by the Natural Environment Research Council wholly or partly for the purpose of any such function; and\n(b) for treating anything duly done by that Council in the exercise of any such function before the said appointed day as having been duly done by the Nature Conservancy Council and treating any instrument made before that day by the Natural Environment Research Council, if or so far as it was made in the exercise of any such function, as continuing in force on and after that day until varied or revoked by the Nature Conservancy Council.\n(3) Subject to sub-paragraph (4) below, any agreement, appointment, licence, byelaws, authorisation or other instrument in writing made or granted or treated by virtue of any enactment as having been made or granted by or to or in relation to the Natural Environment Research Council in connection with the discharge of any such function shall, as from the said appointed day, be treated as having been made or granted by, to or in relation to the Nature Conservancy Council.\n(4) Sub-paragraph (3) above is without prejudice to any provision made by an order under this paragraph, but has effect subject to any provision to the contrary made by such an order and in particular may be excluded by such an order from applying either wholly or to any specified extent in any particular case.\nSection 5.\n\nSCHEDULE 4 REPEALS\nChapter                     Short Title                                                 Extent of Repeal\n12, 13 & 14 Geo. 6. c. 97.  The National Parks and Access to the Countryside Act 1949.  Section 25.\n1965 c. 4.                  The Science and Technology Act 1965.                        In section 1(3), the words “and the establishment, maintenance and management of nature reserves”.\n                                                                                        Section 3(4).\n                                                                                        In Schedule 2, the entries relating to the Protection of Bird Act 1954, the Deer (Scotland) Act 1959 and the Deer Act 1963.","title":""}
{"_id":"text_asc_2021_3","text":"[7 April 2021]\nHaving been passed by Senedd Cymru and having received the assent of Her Majesty, it is enacted as follows:\n\nLandlord's notice: minimum notice periods\n\n1 Landlord's notice under periodic standard contract: minimum notice period\n(1) The Renting Homes (Wales) Act 2016 (anaw 1) (“the 2016 Act”) is amended as follows.\n(2) In section 174 (notices under section 173: minimum notice period)—\n(a) in subsection (1), for “two months” substitute “ six months ”;\n(b) for subsection (2) substitute—\n“(2)This section is a fundamental provision which is incorporated as a term of all periodic standard contracts, except periodic standard contracts which—\n(a) do not incorporate section 173 as a term of the contract, or\n(b) are within Schedule 8A (whether or not they incorporate section 173 as a term of the contract).”\n(3) After section 174, insert—\n\n“174AMinimum notice period: periodic standard contracts within Schedule 8A\n(1) If a periodic standard contract is within Schedule 8A, the date specified in a notice under section 173 may not be less than two months after the day on which the notice is given to the contract-holder.\n(2) This section is a fundamental provision which is incorporated as a term of all periodic standard contracts which—\n(a) incorporate section 173 as a term of the contract, and\n(b) are within Schedule 8A.”\n\n2 Landlord's break clause under fixed term standard contract: minimum notice period\n(1) The 2016 Act is amended as follows.\n(2) In section 195 (landlord's break clause: minimum notice period)—\n(a) in subsection (1), for “two months” substitute “ six months ”;\n(b) for subsection (2) substitute—\n“(2)This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts, except fixed term standard contracts which—\n(a) do not have a landlord's break clause, or\n(b) are within Schedule 8A (whether or not they have a landlord's break clause).”\n(3) After section 195 insert—\n\n“195AMinimum notice period: fixed term standard contracts within Schedule 8A\n(1) If a fixed term standard contract is within Schedule 8A, the date specified in a notice under a landlord's break clause may not be less than two months after the day on which the notice is given to the contract-holder.\n(2) This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts which—\n(a) have a landlord's break clause, and\n(b) are within Schedule 8A.”\n\n3 Standard contracts with minimum notice period of two months\nSchedule 1 inserts a new Schedule 8A into the 2016 Act, setting out standard contracts which can be terminated by the landlord on giving two months' notice.\n\nWhen landlord's notice may be given\n\n4 Landlord's notice under periodic standard contract: when notice may be given\n(1) In section 175 of the 2016 Act (restrictions on giving notice under section 173 in first four months of occupation)—\n(a) in subsection (1), for “four months” substitute “ six months ”;\n(b) in subsection (2), for “four months” substitute “ six months ”.\n(2) The heading of section 175 becomes “ Restriction on section 173: notice may not be given until after the first six months of occupation ”.\n\n5 Landlord's break clause under fixed term standard contract: when notice may be given\n(1) In section 196 of the 2016 Act (restrictions on use of landlord's break clause in first four months of occupation)—\n(a) in subsection (1), for “four months” substitute “ 18 months ”;\n(b) omit subsections (2) and (3).\n(2) The heading of section 196 becomes “ Restriction on use of landlord's break clause until after the first 18 months of occupation ”.\n\nGiving and withdrawing landlord's notice\n\n6 Restrictions on giving notice under section 173 or 186 or under a landlord's break clause: breaches of statutory obligations\n(1) The 2016 Act is amended as follows.\n(2) For section 176 (restrictions on giving notice under section 173: information requirements) substitute—\n\n“176Restrictions on giving notice under section 173: breaches of statutory obligations\nSchedule 9A imposes restrictions on the giving of notice under section 173, related to breaches of certain statutory obligations.”\n(3) After section 186 (landlord's notice in connection with end of fixed term) insert—\n\n“186ARestrictions on giving notice under section 186: breaches of statutory obligations\nSchedule 9A imposes restrictions on the giving of notice under section 186, related to breaches of certain statutory obligations.”\n(4) For section 197 (restrictions on giving notice under a landlord's break clause: information requirements) substitute—\n\n“197Restrictions on use of landlord's break clause: breaches of statutory obligations\nSchedule 9A imposes restrictions on the giving of notice under a landlord's break clause, related to breaches of certain statutory obligations.”\n(5) In the Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2)—\n(a) for section 20 (restrictions on terminating contracts), substitute—\n\n“20Restrictions on terminating standard occupation contracts\nSchedule 9A to the Renting Homes (Wales) Act 2016 (anaw 1) includes provision relating to standard occupation contracts preventing a landlord from giving a notice seeking possession of a dwelling under section 173 or 186 of that Act, or under a landlord's break clause, if the landlord has not complied with provisions of this Act relating to prohibited payments and retained holding deposits.”;\n(b) omit Schedule 3 (which provides for the insertion of sections 177A, 186A to 186C and 198A into the 2016 Act, and other related amendments to that Act).\n(6) Schedule 2 inserts a new Schedule 9A into the 2016 Act, which—\n(a) replicates the restrictions on the giving of notices seeking possession set out in sections 176 to 177A, 186A to 186C and 197 to 198A of the 2016 Act as they stood before being amended or omitted by virtue of this Act, and\n(b) includes a power to amend Schedule 9A.\n\n7 Restrictions on giving further landlord's notices under periodic standard contract\nFor section 177 of the 2016 Act (restrictions on giving notice under section 173: security and deposit requirements) substitute—\n\n“177Restrictions on giving further notices under section 173\n(1) Subsections (2) and (3) apply where—\n(a) a landlord has given a contract-holder a notice under section 173 (“the first notice”), and\n(b) the landlord has subsequently withdrawn the notice (see section 180(3)).\n(2) The landlord may not give another notice under section 173 to the contract-holder before the end of the period of six months starting with the day on which the first notice was withdrawn, other than in accordance with subsection (3).\n(3) The landlord may give one more notice under section 173 to the contract-holder during the period of 28 days starting with the day on which the first notice was given.\n(4) Subsection (5) applies where—\n(a) a landlord has given a contract-holder a notice under section 173, and\n(b) the period for making a possession claim on the ground in section 178 has ended without the landlord having made a claim.\n(5) The landlord may not give another notice under section 173 to the contract-holder before the end of the period of six months starting with the last day of the period before the end of which the landlord could have made the claim (see section 179(1)(b)).\n(6) This section is a fundamental provision which is incorporated as a term of all periodic standard contracts which incorporate section 173 as a term of the contract.”\n\n8 Withdrawal of notice under section 173 and under a landlord's break clause\n(1) The 2016 Act is amended as follows.\n(2) In section 180 (termination of contract on landlord's notice), in subsection (3), for the words from “, before the contract ends” to the end substitute “—\n(a) before the contract ends, and during the period of 28 days starting with the day on which the notice was given, the landlord withdraws the notice by giving further notice to the contract-holder, or\n(b) before the contract ends, and after the end of the period of 28 days starting with day on which the notice was given—\n(i) the landlord withdraws the notice by giving further notice to the contract-holder, and\n(ii) the contract-holder does not object to the withdrawal in writing before the end of a reasonable period.”\n(3) In section 201 (termination of contract under landlord's break clause), in subsection (3), for the words from “, before the contract ends” to the end substitute “—\n(a) before the contract ends, and during the period of 28 days starting with the day on which the notice was given, the landlord withdraws the notice by giving further notice to the contract-holder, or\n(b) before the contract ends, and after the end of the period of 28 days starting with the day on which the notice was given—\n(i) the landlord withdraws the notice by giving further notice to the contract-holder, and\n(ii) the contract-holder does not object to the withdrawal in writing before the end of a reasonable period.”\n\n9 Restriction on giving notice under section 173 and under landlord's break clause following retaliatory possession claim\n(1) The 2016 Act is amended as follows.\n(2) After section 177 (inserted by section 7) insert—\n\n“177ARestriction on giving notice under section 173 following retaliatory possession claim\n(1) Subsection (2) applies where—\n(a) a landlord (having given a contract-holder a notice under section 173) has made a possession claim on the ground in section 178, and\n(b) the court has refused to make an order for possession because it considered the claim to be a retaliatory claim (see section 217).\n(2) The landlord may not give another notice under section 173 to the contract-holder before the end of the period of six months starting with the day on which the court refused to make an order for possession.\n(3) This section is a fundamental provision which is incorporated as a term of all periodic standard contracts which incorporate section 173 as a term of the contract.”\n(3) For section 198 of the 2016 Act (restrictions on giving notice under landlord's break clause: security and deposit requirements) substitute—\n\n“198Restriction on use of landlord's break clause following retaliatory possession claim\n(1) Subsection (2) applies where—\n(a) a landlord (having given a contract-holder a notice under a landlord's break clause) has made a possession claim on the ground in section 199, and\n(b) the court has refused to make an order for possession because it considered the claim to be a retaliatory claim (see section 217).\n(2) The landlord may not give another notice under a landlord's break clause to the contract-holder before the end of the period of six months starting with the day on which the court refused to make an order for possession.\n(3) This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts with a landlord's break clause.”\n\nFurther provision about termination of fixed term standard contracts\n\n10 Notice in connection with end of term of fixed term standard contracts restricted to certain contracts\n(1) Section 186 of the 2016 Act (landlord's notice in connection with end of fixed term) is amended as follows—\n(a) in subsection (1), after “fixed term standard contract” insert “ which is within Schedule 9B ”;\n(b) omit subsection (2);\n(c) in subsection (3), for “Subject to subsection (2), the” substitute “ The ”;\n(d) omit subsection (4);\n(e) in subsection (8) for the words from “; subsections (2)” to the end substitute “ which are within Schedule 9B. ”\n(2) In the heading of section 186, at the end insert “ of contract within Schedule 9B ”.\n(3) Schedule 3 inserts a new Schedule 9B into the 2016 Act (after Schedule 9A, inserted by section 6), setting out fixed term standard contracts to which section 186 of that Act applies.\n\n11 Landlord's break clause restricted to certain fixed term standard contracts\n(1) In section 194 of the 2016 Act (landlord's break clause)—\n(a) in subsection (1) after “fixed term standard contract” insert “ which is within subsection (1A) ”;\n(b) after subsection (1), insert—\n“(1A)A fixed term standard contract is within this subsection if—\n(a) it is made for a term of two years or more, or\n(b) it is within Schedule 9C (whether or not it is made for a term of two years or more).”\n(2) Schedule 4 inserts a new Schedule 9C into the 2016 Act (after Schedule 9B, inserted by section 10), setting out fixed term standard contracts which may contain a landlord's break clause regardless of whether they are for a term of less than two years.\n\nVariation of periodic standard contracts\n\n12 Landlord's request to vary periodic standard contract terms: removal of additional notice procedure\n(1) The 2016 Act is amended as follows.\n(2) In section 125 (variation of contract)—\n(a) in subsection (1)—\n(i) for “127)—” substitute “ 127) by agreement between the landlord and the contract-holder. ”;\n(ii) omit paragraphs (a) and (b);\n(b) in subsection (2) omit the words from “; but subsection (1)(b)” to the end.\n(3) Omit section 126 (variation by landlord: notice procedure).\n(4) In section 173 (landlord's notice), omit subsection (3).\n\nTemporary exclusion of contract-holder from dwelling under standard contract\n\n13 Power to restrict right to exclude contract-holder from dwelling for specified periods\n(1) The 2016 Act is amended as follows.\n(2) In section 121 (exclusion of contract-holder under periodic standard contract from dwelling for specified periods), after subsection (2) insert—\n“(3)The Welsh Ministers may by regulations amend this Act for the purpose of—\n(a) providing that subsection (1) does not apply in relation to periodic standard contracts of a particular description;\n(b) providing that subsection (1) applies only in relation to periodic standard contracts of a particular description;\n(c) changing, or imposing limits on, what may be provided for or specified in a periodic standard contract under subsection (1) or (2) (either generally or in relation to periodic standard contracts of a particular description);\n(d) specifying circumstances (either generally or in relation to periodic standard contracts of a particular description) in which a periodic standard contract may or may not include provision under subsection (1);\n(e) imposing requirements on a landlord in relation to the inclusion in a periodic standard contract of provision under subsection (1).”\n(3) In section 133 (exclusion of contract-holder under fixed term standard contract from dwelling for specified periods), after subsection (2) insert—\n“(3)The Welsh Ministers may by regulations amend this Act for the purpose of—\n(a) providing that subsection (1) does not apply in relation to fixed term standard contracts of a particular description;\n(b) providing that subsection (1) applies only in relation to fixed term standard contracts of a particular description;\n(c) changing, or imposing limits on, what may be provided for or specified in a fixed term standard contract under subsection (1) or (2) (either generally or in relation to fixed term standard contracts of a particular description);\n(d) specifying circumstances (either generally or in relation to fixed term standard contracts of a particular description) in which a fixed term standard contract may or may not include provision under subsection (1);\n(e) imposing requirements on a landlord in relation to the inclusion in a fixed term standard contract of provision under subsection (1).”\n\nMiscellaneous\n\n14 Miscellaneous amendments to the 2016 Act\nSchedule 5 provides for miscellaneous amendments to the 2016 Act.\n\n15 Service charges permitted by the Renting Homes (Fees etc.) (Wales) Act 2019 etc.\n(1) In Schedule 1 to the 2019 Act (permitted payments), after paragraph 10 insert—\n“Service charges payable to community landlords etc.\n10A(1)A payment of a service charge is a permitted payment if—\n(a) it is required under a standard occupation contract, and\n(b) the landlord is a community landlord.\n(2) But sub-paragraph (1) does not apply in relation to—\n(a) a standard occupation contract within paragraph 15 of Schedule 3 to the 2016 Act (accommodation which is not social accommodation), or\n(b) a standard occupation contract mentioned in sub-paragraph (3).\n(3) A payment of a service charge is a permitted payment if it is required under a standard occupation contract within section 143 of the 2016 Act (contracts relating to supported accommodation).\n(4) For the purposes of this paragraph—\n  * “2016 Act” (“Deddf 2016”) means the Renting Homes (Wales) Act 2016 (anaw 1);\n  * “community landlord” (“landlord cymunedol”) has the meaning given by section 9 of the 2016 Act;\n  * “service charge” (“tâl gwasanaeth”) does not include a charge for a service where the payment for the charge would be permitted by virtue of another paragraph of this Schedule, and in relation to sub-paragraph (3) only, includes charges for the provision of support services;\n  * “support services” (“gwasnaethau cymorth”) has the meaning given by section 143 of the 2016 Act (see, in particular, subsection (4) of that section).”\n(2) In section 4 of the 2019 Act, after subsection (2)(h) insert—\n“(i)service charges;”.\n(3) In regulation 3 of the transitional provision Regulations—\n(a) in the words before sub-paragraph (a), after “section 20,” insert “ and sub-paragraphs (2) to (3B) of paragraph 10A of Schedule 1, ”;\n(b) omit the “and”at the end of sub-paragraph (d);\n(c) after that sub-paragraph insert—\n“(da)paragraph 10A of Schedule 1 to the Act is to be read as if—\n(i) for sub-paragraph (2) there were substituted—\n“(2)But sub-paragraph (1) does not apply in relation to⁠—\n(a) a standard occupation contract where the allocation rules (within the meaning of paragraph 15 of Schedule 3 to the 2016 Act) did not apply to the making of the contract, or\n(b) a standard occupation contract mentioned in sub-paragraph (3).”;\n(ii) for sub-paragraph (3) there were substituted—\n“(3)A payment of a service charge is a permitted payment if it is required under a standard occupation contract which relates to supported accommodation.”;\n(iii) after sub-paragraph (3) there were inserted—\n“(3A)For the purposes of sub-paragraph (3) accommodation is “supported accommodation” if⁠—\n(a) it is provided by a community landlord or registered charity (within the meaning of the 2016 Act),\n(b) the landlord or charity (or a person acting on behalf of the landlord or charity) provides support services to a person entitled to occupy the accommodation, and\n(c) there is a connection between provision of the accommodation and provision of the support services.\n(3B) But accommodation in a care institution (within the meaning of paragraph 4 of Schedule 2 to the 2016 Act) is not supported accommodation.”, and”.\n(4) The amendments made by subsections (1), (2) and (3) of this section are to be treated for all purposes as if they came into force on 1 September 2019, except that—\n(a) any notice given in contravention of section 20(1) of the 2019 Act (as modified by the transitional provision Regulations) before the coming into force of this section is to continue to be treated as having been given in contravention of that section of the 2019 Act, and\n(b) any order made before the coming into force of this section under section 22(1) of the 2019 Act (orders for recovery of prohibited payments) continues to have effect.\n(5) Subsection (6) applies where—\n(a) before the coming into force of this section a landlord under an assured shorthold tenancy has required payment of a service charge in connection with the tenancy, and\n(b) by virtue of subsection (4) of this section the payment required by the landlord is a permitted payment for the purposes of the 2019 Act (see section 4 of that Act).\n(6) The landlord may not give a section 21 notice in respect of the dwelling-house let on the tenancy during the period of 6 months beginning with the day on which this section comes into force.\n(7) In this section—\n  * “2019 Act” (“Deddf 2019”) means the Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2);\n  * “assured shorthold tenancy” (“tenantiaeth fyrddaliadol sicr”) has the same meaning as in the Housing Act 1988 (“the 1988 Act”);\n  * “section 21 notice” (“hysbysiad adran 21”) means a notice under subsection (1)(b) or (4)(a) of section 21 of the 1988 Act;\n  * “the transitional provision Regulations” (“y Rheoliadau darpariaeth drosiannol”) means the Renting Homes (Fees etc.) (Wales) Act 2019 (Transitional Provision for Assured Shorthold Tenancies) Regulations 2019 (S.I. 2019/1151).\n\n16 Fee for further copy of written statement to be a permitted payment\n(1) The Renting Homes (Fees etc.) (Wales) Act 2019 is amended as follows.\n(2) In Schedule 1 (permitted payments), after paragraph 10A insert—\n“Payment for further copy of written statement\n10BA payment of a reasonable fee for a further written statement of a standard occupation contract is a permitted payment.”\n(3) In section 4, after subsection (2)(i) insert—\n“(j)payments in respect of further copies of a written statement.”\n\nGeneral\n\n17 Interpretation\nIn this Act—\n(a)“standard contract” means—\n(i) a periodic standard contract under the 2016 Act;\n(ii) a fixed term standard contract under that Act,\nas to which, see section 8 of the 2016 Act;\n(b)“the 2016 Act” means the Renting Homes (Wales) Act 2016 (anaw 1).\n\n18 Minor and consequential amendments\nSchedule 6 provides for amendments to the 2016 Act and to the Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2) which are minor or consequential.\n\n19 Coming into force\n(1) This section, section 15 and sections 17 and 20 come into force on the day after the day on which this Act receives Royal Assent.\n(2) Paragraph 28 of Schedule 6 comes into force on a day appointed by the Welsh Ministers in an order made by statutory instrument.\n(3) The remaining provisions of this Act come into force two months after the day on which this Act receives Royal Assent.\n(4) An order under subsection (2) may—\n(a) make transitory, transitional or saving provision;\n(b) appoint different days for different purposes.\n\n20 Short title\nThe short title of this Act is the Renting Homes (Amendment) (Wales) Act 2021.\n(introduced by section 3)\n\nSCHEDULE 1NEW SCHEDULE 8A TO THE 2016 ACT\n\nThis Schedule sets out the new Schedule 8A to the 2016 Act, to be inserted after Schedule 8—\n(introduced by sections 174, 174A, 195 and 195A)\n\n“SCHEDULE 8ASTANDARD CONTRACTS WHICH CAN BE TERMINATED ON TWO MONTHS' NOTICE UNDER SECTION 173 OR A LANDLORD'S BREAK CLAUSE\n\nProhibited conduct standard contracts\n1A prohibited conduct standard contract.\n\nTenancies and licences which are occupation contracts because of notice given under Part 2 of Schedule 2\n2A standard contract which would not be an occupation contract but for a notice under paragraph 3 of Schedule 2 (holiday accommodation; care institutions; temporary expedients; shared accommodation).\n\nAccommodation for students in higher education\n3(1)A standard contract where—\n(a) the landlord is a higher education institution, and\n(b) the right to occupy is conferred for the purpose of enabling the contract-holder to attend a course of study at that institution, or at another higher education institution (whether or not the right to occupy is also conferred for another purpose).\n(2)“Higher education institution” means an institution in the higher education sector (within the meaning of section 91(5) of the Further and Higher Education Act 1992 (c. 13)).\n\nSupported accommodation\n4A supported standard contract.\n\nAccommodation for asylum seekers, etc.\n5A standard contract made in order to provide accommodation under Part 6 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum seekers, etc.).\n\nAccommodation for homeless persons\n6A standard contract made as described in paragraph 11 or 12 of Schedule 2 (accommodation for homeless persons).\n\nService occupancy\n7A standard contract where the contract-holder is required by his or her contract of employment to occupy the dwelling.\n\nService occupancy: police\n8A standard contract where—\n(a) the contract-holder is a member of a police force, and\n(b) the dwelling is provided for the contract-holder free of rent under regulations made under section 50 of the Police Act 1996 (c. 16) (general regulations as to government, administration and conditions of service).\n\nService occupancy: fire and rescue services\n9A standard contract where—\n(a) the contract-holder is an employee of a fire and rescue authority,\n(b) the contract-holder's contract of employment requires him or her to live in close proximity to a particular fire station, and\n(c) the dwelling is provided to him or her by the fire and rescue authority in consequence of that requirement.\n\nTemporary accommodation: land acquired for development\n10(1)A standard contract where—\n(a) the land the dwelling is on (including any land occupied together with the dwelling other than agricultural land exceeding 0.809 hectares) is, or is part of, land which has been acquired for development, and\n(b) the dwelling is used by the landlord as temporary housing accommodation pending development of the land.\n(2)“Development” has the meaning given by section 55 of the Town and Country Planning Act 1990 (c. 8).\n\nTemporary accommodation: short-term arrangements\n11A standard contract where—\n(a) the dwelling has been let to the landlord with vacant possession for use as temporary housing accommodation,\n(b) the terms on which it has been let include provision for the lessor to obtain vacant possession from the landlord at the end of a specified period or when required by the lessor,\n(c) the lessor is not a community landlord, and\n(d) the landlord has no interest in the dwelling other than under the lease in question or as mortgagor.\n\nTemporary accommodation: accommodation during works\n12(1)A standard contract where—\n(a) the dwelling (the “temporary dwelling”) has been made available for occupation by the contract-holder while works are carried out on the dwelling previously occupied by the contract-holder as a home,\n(b) the landlord of the temporary dwelling is not the same as the landlord of the dwelling previously occupied by the contract-holder (the “old dwelling”), and\n(c) the contract-holder was not a contract-holder under a secure contract of the old dwelling at the time when the contract-holder ceased to occupy it as a home.\n(2) In this paragraph, references to the contract-holder include references to the contract-holder's predecessor.\n(3) For the purposes of sub-paragraph (2), a person is a predecessor of a contract-holder under a standard contract if that person was an earlier contract-holder under the same contract.\n\nPower to amend Schedule\n13 The Welsh Ministers may by regulations amend this Schedule.”\n(introduced by section 6)\n\nSCHEDULE 2NEW SCHEDULE 9A TO THE 2016 ACT\n\nThis Schedule sets out the new Schedule 9A to the 2016 Act, to be inserted (with the new Schedules 9B and 9C) after Schedule 9—\n(introduced by sections 176, 186A and 197)\n\n“SCHEDULE 9ASTANDARD CONTRACTS: RESTRICTIONS ON GIVING NOTICE UNDER SECTION 173, UNDER SECTION 186, AND UNDER A LANDLORD'S BREAK CLAUSE\n\nPART 1 THE RESTRICTIONS\n\nFailure to provide written statement\n\n1A landlord may not give notice at a time when—\n(a) the contract-holder has not been given a written statement of the contract under section 31(1) (requirement to provide written statement at the start of a contract), or\n(b) the landlord is aware that the identity of the contract-holder has changed, and the new contract-holder has not been given a written statement of the contract under section 31(2) (requirement to give written statement to a new contract-holder).\n\nSix month restriction following failure to provide written statement within the period specified in section 31\n\n2A landlord who has failed to comply with section 31(1) or (2) may not give notice during the period of six months starting with the day on which the landlord gave a written statement of the contract to the contract-holder.\n\nFailure to provide information\n\n3A landlord may not give notice at a time when the landlord has not provided a notice required under section 39 (duty to provide information).\n\nBreach of security and deposit requirements\n\n4(1)A landlord may not give notice at a time when security required by the landlord in connection with the contract in a form not permitted by section 43 has not been returned to the person by whom it was given.\n(2) A landlord may not give a notice at a time when any of sub-paragraphs (3) to (5) apply unless—\n(a) a deposit paid in connection with the contract has been returned to the contract-holder (or any person who paid the deposit on the contract-holder's behalf) either in full or with such deduction as may have been agreed, or\n(b) an application to the county court has been made under paragraph 2 of Schedule 5 and has been determined by the county court, withdrawn, or settled by agreement between the parties.\n(3) This sub-paragraph applies if a deposit has been paid in connection with the contract but the initial requirements of an authorised deposit scheme have not been complied with.\n(4) This sub-paragraph applies if a deposit has been paid in connection with the contract but the landlord has not provided the information required by section 45(2)(b).\n(5) This sub-paragraph applies if a deposit paid in connection with the contract is not being held in accordance with an authorised deposit scheme.\n\nProhibited payments and holding deposits under the Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2)\n\n5(1)A landlord may not give a notice at a time when—\n(a) a prohibited payment (within the meaning of the Renting Homes (Fees etc.) (Wales) Act 2019) has been made in relation to the contract as described in section 2 or 3 of that Act, and\n(b) that prohibited payment has not been repaid.\n(2) A landlord may not give a notice at a time when—\n(a) a holding deposit (within the meaning of the Renting Homes (Fees etc.) (Wales) Act 2019) paid in relation to the contract has not been repaid, and\n(b) the failure to repay the deposit amounts to a breach of the requirements of Schedule 2 to that Act.\n(3) In determining for the purposes of this paragraph whether a prohibited payment or a holding deposit has been repaid, the payment or deposit is to be treated as having been repaid to the extent (if any) that it has been applied towards either or both of the following⁠—\n(a) a payment of rent under the contract;\n(b) a payment required as security in respect of the contract.\n\nMeaning of “notice”\n\n6 In this Schedule, “notice” means notice under—\n(a) section 173 (landlord's notice under a periodic standard contract);\n(b) section 186 (landlord's notice in connection with end of fixed term);\n(c) a landlord's break clause in a fixed term standard contract.\n\nPART 2 FURTHER PROVISION\n\nFundamental provision\n\n7(1)Part 1 of this Schedule is a fundamental provision which is incorporated as a term of all—\n(a) periodic standard contracts which incorporate section 173 as a term of the contract,\n(b) fixed term standard contracts which incorporate section 186 as a term of the contract, and\n(c) fixed term standard contracts which have a landlord's break clause.\n(2) Section 20 provides that Part 1 of this Schedule—\n(a) must be incorporated, and\n(b) must not be incorporated with modifications.\n\nPower to amend Schedule\n\n8 The Welsh Ministers may by regulations amend this Schedule.”\n(introduced by section 10)\n\nSCHEDULE 3NEW SCHEDULE 9B TO THE 2016 ACT\n\nThis Schedule sets out the new Schedule 9B to the 2016 Act, to be inserted (with the new Schedules 9A and 9C) after Schedule 9—\n(introduced by section 186)\n\n“SCHEDULE 9BFIXED TERM STANDARD CONTRACTS WHICH CAN BE TERMINATED BY GIVING NOTICE UNDER SECTION 186\n\nTenancies and licences which are occupation contracts because of notice given under Part 2 of Schedule 2\n1A standard contract which would not be an occupation contract but for a notice under paragraph 3 of Schedule 2 (holiday accommodation; care institutions; temporary expedients; shared accommodation).\n\nSupported accommodation\n2A supported standard contract.\n\nAccommodation for asylum seekers, etc.\n3A standard contract made in order to provide accommodation under Part 6 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum seekers, etc.).\n\nAccommodation for homeless persons\n4A standard contract made as described in paragraph 11 or 12 of Schedule 2 (accommodation for homeless persons).\n\nService occupancy\n5A standard contract where the contract-holder is required by his or her contract of employment to occupy the dwelling.\n\nService occupancy: police\n6A standard contract where—\n(a) the contract-holder is a member of a police force, and\n(b) the dwelling is provided for the contract-holder free of rent under regulations made under section 50 of the Police Act 1996 (c. 16) (general regulations as to government, administration and conditions of service).\n\nService occupancy: fire and rescue services\n7A standard contract where—\n(a) the contract-holder is an employee of a fire and rescue authority,\n(b) the contract-holder's contract of employment requires him or her to live in close proximity to a particular fire station, and\n(c) the dwelling is provided to him or her by the fire and rescue authority in consequence of that requirement.\n\nTemporary accommodation: land acquired for development\n8(1)A standard contract where—\n(a) the land the dwelling is on (including any land occupied together with the dwelling other than agricultural land exceeding 0.809 hectares) is, or is part of, land which has been acquired for development, and\n(b) the dwelling is used by the landlord as temporary housing accommodation pending development of the land.\n(2)“Development” has the meaning given by section 55 of the Town and Country Planning Act 1990 (c. 8).\n\nTemporary accommodation: short-term arrangements\n9A standard contract where—\n(a) the dwelling has been let to the landlord with vacant possession for use as temporary housing accommodation,\n(b) the terms on which it has been let include provision for the lessor to obtain vacant possession from the landlord at the end of a specified period or when required by the lessor,\n(c) the lessor is not a community landlord, and\n(d) the landlord has no interest in the dwelling other than under the lease in question or as mortgagor.\n\nTemporary accommodation: accommodation during works\n10(1)A standard contract where—\n(a) the dwelling (the “temporary dwelling”) has been made available for occupation by the contract-holder while works are carried out on the dwelling previously occupied by the contract-holder as a home,\n(b) the landlord of the temporary dwelling is not the same as the landlord of the dwelling previously occupied by the contract-holder (the “old dwelling”), and\n(c) the contract-holder was not a contract-holder under a secure contract of the old dwelling at the time when the contract-holder ceased to occupy it as a home.\n(2) In this paragraph, references to the contract-holder include references to the contract-holder's predecessor.\n(3) For the purposes of sub-paragraph (2), a person is a predecessor of a contract-holder under a standard contract if that person was an earlier contract-holder under the same contract.\n\nPower to amend Schedule\n11 The Welsh Ministers may by regulations amend this Schedule.”\n(introduced by section 11)\n\nSCHEDULE 4NEW SCHEDULE 9C TO THE 2016 ACT\n\nThis Schedule sets out the new Schedule 9C to the 2016 Act, to be inserted (with the new Schedules 9A and 9B) after Schedule 9—\n(introduced by section 194)\n\n“SCHEDULE 9CFIXED TERM STANDARD CONTRACTS WHICH MAY CONTAIN A LANDLORD'S BREAK CLAUSE EVEN IF MADE FOR A TERM OF LESS THAN TWO YEARS\n\nTenancies and licences which are occupation contracts because of notice given under Part 2 of Schedule 2\n1A standard contract which would not be an occupation contract but for a notice under paragraph 3 of Schedule 2 (holiday accommodation; care institutions; temporary expedients; shared accommodation).\n\nSupported accommodation\n2A supported standard contract.\n\nAccommodation for asylum seekers, etc.\n3A standard contract made in order to provide accommodation under Part 6 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum seekers, etc.).\n\nAccommodation for homeless persons\n4A standard contract made as described in paragraph 11 or 12 of Schedule 2 (accommodation for homeless persons).\n\nService occupancy\n5A standard contract where the contract-holder is required by his or her contract of employment to occupy the dwelling.\n\nService occupancy: police\n6A standard contract where—\n(a) the contract-holder is a member of a police force, and\n(b) the dwelling is provided for the contract-holder free of rent under regulations made under section 50 of the Police Act 1996 (c. 16) (general regulations as to government, administration and conditions of service).\n\nService occupancy: fire and rescue services\n7A standard contract where—\n(a) the contract-holder is an employee of a fire and rescue authority,\n(b) the contract-holder's contract of employment requires him or her to live in close proximity to a particular fire station, and\n(c) the dwelling is provided to him or her by the fire and rescue authority in consequence of that requirement.\n\nTemporary accommodation: land acquired for development\n8(1)A standard contract where—\n(a) the land the dwelling is on (including any land occupied together with the dwelling other than agricultural land exceeding 0.809 hectares) is, or is part of, land which has been acquired for development, and\n(b) the dwelling is used by the landlord as temporary housing accommodation pending development of the land.\n(2)“Development” has the meaning given by section 55 of the Town and Country Planning Act 1990 (c. 8).\n\nTemporary accommodation: short-term arrangements\n9A standard contract where—\n(a) the dwelling has been let to the landlord with vacant possession for use as temporary housing accommodation,\n(b) the terms on which it has been let include provision for the lessor to obtain vacant possession from the landlord at the end of a specified period or when required by the lessor,\n(c) the lessor is not a community landlord, and\n(d) the landlord has no interest in the dwelling other than under the lease in question or as mortgagor.\n\nTemporary accommodation: accommodation during works\n10(1)A standard contract where—\n(a) the dwelling (the “temporary dwelling”) has been made available for occupation by the contract-holder while works are carried out on the dwelling previously occupied by the contract-holder as a home,\n(b) the landlord of the temporary dwelling is not the same as the landlord of the dwelling previously occupied by the contract-holder (the “old dwelling”), and\n(c) the contract-holder was not a contract-holder under a secure contract of the old dwelling at the time when the contract-holder ceased to occupy it as a home.\n(2) In this paragraph, references to the contract-holder include references to the contract-holder's predecessor.\n(3) For the purposes of sub-paragraph (2), a person is a predecessor of a contract-holder under a standard contract if that person was an earlier contract-holder under the same contract.\n\nPower to amend Schedule\n11 The Welsh Ministers may by regulations amend this Schedule.”\n(introduced by section 14)\n\nSCHEDULE 5MISCELLANEOUS AMENDMENTS TO THE 2016 ACT\n\nIntroductory\n1 The 2016 Act is amended as follows.\n\nModification and variation of fundamental provisions\n2(1)In section 20 (incorporation and modification of fundamental provisions)—\n(a) in subsection (1), in paragraph (b), omit “in the contract-holder's opinion,”;\n(b) in subsection (2), in paragraph (b), omit “in the contract-holder's opinion,”.\n(2) In section 108 (limitation on variation: secure contracts), in subsection (3), in paragraph (a)(ii) omit “in the contract-holder's opinion”.\n(3) In section 127 (limitation on variation: periodic standard contracts), in subsection (3), in paragraph (a)(ii) omit “in the contract-holder's opinion”.\n(4) In section 135 (limitation on variation: fixed term standard contracts), in subsection (3), in paragraph (a)(ii) omit “in the contract-holder's opinion”.\n\nEditorial changes to written statement\n3 In section 33 (editorial changes to written statement), in subsection (2) omit the words from “; for example” to the end.\n\nAmendment of references to “the relevant date” in sections 110, 129 and 137\n4 In subsection (7) of each of—\n(a) section 110 (secure contracts: failure to provide written statement etc.),\n(b) section 129 (periodic standard contracts: failure to provide written statement etc.), and\n(c) section 137 (fixed term standard contracts: failure to provide written statement etc.),\nfor the words from “references” to the end substitute “, in subsection (3) of both of those sections, for the words from “starting” to the end there were substituted “ starting with the day on which the contract was varied ””.\n\nSecure tenancies that are housing association tenancies to be capable of becoming occupation contracts\n5(1)In section 242 (interpretation of Chapter 3 of Part 10), in the definition of “secure tenancy”, omit the words from “, but it does not include a housing association tenancy” to the end.\n(2) In Schedule 2 (exceptions to section 7), in paragraph 7 (tenancies and licences that are never occupation contracts), omit sub-paragraph (3)(d).\n\nPower to make provision relating to the abolition of assured, secure and other tenancies\n6(1)After section 239 (abolition of assured, secure and other tenancies) insert—\n\n“239APower to make provision about certain tenancies and licences\n(1) The Welsh Ministers may by regulations amend this Act for the purpose of—\n(a) providing that certain provisions do not apply in relation to a tenancy or licence to which subsection (2) applies;\n(b) making new provision which only applies to a tenancy or licence to which subsection (2) applies;\n(c) making provision in relation to the end of the term of a long tenancy (within the meaning of paragraph 8 of Schedule 2).\n(2) This subsection applies to any tenancy or licence which would, but for section 239, have been a tenancy or licence of the kind listed in subsection (1) of that section, or would have been treated as a tenancy or licence of that kind.\n(3) Regulations under this section may make provision about tenancies or licences which are not, and cannot be, occupation contracts.”\n(2) In section 256 (regulations), in subsection (4), after paragraph (g) insert—\n“(ga)section 239A (power to make provision about certain tenancies and licences),”.\n\nDwellings on border between Wales and England\n7 In section 246 (meaning of “dwelling”), in subsection (1) omit “wholly”.\n\nPower to amend legislation enacted or made after the 2016 Act received Royal Assent\n8 In section 255 (power to make consequential etc. provision), in subsection (2) omit the words from “enacted or made” to the end.\n\nRemoval of references to accommodation for displaced persons\n9(1)In Schedule 3 (occupation contracts made with or adopted by community landlords which may be standard contracts), omit paragraph 5.\n(2) In Schedule 9 (standard contracts to which limits in sections 175, 186(2) and 196 do not apply), omit paragraph 5.\n\nAmendment to Schedule 3: student accommodation\n10 In Schedule 3 (occupation contracts made with or adopted by community landlords which may be standard contracts), in paragraph 10(1), for “for the purpose of enabling” substitute “ for the sole purpose of enabling ”.\n\nMinor amendments to the Welsh text\n11(1)In section 61 (failure to comply with conditions imposed by head landlord), in the Welsh language text, in subsection (5) for “wedi ei wneud yn” substitute “wedi ei wneud mewn modd nad yw'n”.\n(2) In section 163 (contract-holder's notice), in the Welsh language text, in subsection (2) for “meddiannaeth” substitute “ diogel ”.\n(3) In section 165 (recovery of possession), in the Welsh language text, in subsection (3) for “meddiannaeth” substitute “ diogel ”.\n(4) In section 236 (form of notices, statements and other documents), in the Welsh language text, in subsection (5) for “wedi ei ddilysu” substitute “ ardystiedig ”.\n(5) In Schedule 11 (suitable alternative accommodation), in the Welsh language text, in paragraph 3, in sub-paragraph (2)(a), for “diogelwch meddiant iddo” substitute “sicrwydd iddo o ran meddiannaeth”.\n(introduced by section 18)\n\nSCHEDULE 6MINOR AND CONSEQUENTIAL AMENDMENTS\n\nThe 2016 Act\n1 The 2016 Act is amended as follows.\n2 In section 20 (incorporation and modification of fundamental provisions), in subsection (3)—\n(a) omit paragraphs (k) to (o), and the “and” which follows paragraph (o);\n(b) after paragraph (p), insert “, and\n(q) Part 1 of Schedule 9A (restrictions on giving notice under sections 173 and 186 and under a landlord's break clause).”\n3 In section 22 (powers in relation to fundamental provisions), omit subsection (3).\n4 In section 34 (failure to provide written statement), after subsection (5) insert—\n“(6)Paragraphs 1 and 2 of Schedule 9A make provision relating to periodic standard contracts, and fixed term standard contracts which incorporate section 186 or which have a landlord's break clause, preventing a landlord from giving a notice (under section 173 or 186 or under a landlord's break clause) requiring a contract-holder to give up possession if the landlord has not provided a written statement of the contract under section 31(1) or (2).”\n5 In section 37 (incorrect statement: contract-holder's application to court), in subsection (2), in paragraph (b) for “, 124(2) to (4) or 126(1) to (4)” substitute “ or 124(2) to (4) ”.\n6 In section 39 (provision by landlord of information about landlord), for subsection (4) substitute—\n“(4)Paragraph 3 of Schedule 9A makes provision relating to periodic standard contracts, and fixed term standard contracts which incorporate section 186 or which have a landlord's break clause, preventing a landlord from giving a notice (under section 173 or 186 or under a landlord's break clause) requiring a contract-holder to give up possession if the landlord has not provided a notice required under this section.\n(5) Subsections (1) to (3) of this section are fundamental provisions which are incorporated as a term of all occupation contracts.”\n7 In section 46 (deposit schemes: further provision), in subsection (2) for the words from “Sections 177 and 198 make” to “giving a notice” substitute “ Paragraph 4 of Schedule 9A makes provision relating to periodic standard contracts, and fixed term standard contracts which incorporate section 186 or which have a landlord's break clause, preventing a landlord from giving a notice (under section 173 or 186 or under a landlord's break clause) ”.\n8 In section 65 (extended possession order against sub-holder), in subsection (3), in paragraph (a) for the words from “copy” to “that section” substitute “ notice in accordance with section 64(2) ”.\n9 In section 122 (variation), in subsection (1), in paragraph (a) for “126” substitute “ 125 ”.\n10 In section 127 (limitation on variation: periodic standard contracts), in subsection (2)—\n(a) in paragraph (b) omit “and section 177 (breach of deposit requirements)”;\n(b) omit paragraph (i), and the “and” which follows it;\n(c) after paragraph (j) insert “, and\n(k) Part 1 of Schedule 9A (restrictions on giving landlord's notice under sections 173: breach of statutory obligations)”.\n11 In section 128 (written statement of variation), in subsection (1) for “, 124(2) to (4) or 126(1) to (4)” substitute “ or 124(2) to (4) ”.\n12 In section 135 (limitation on variation: fixed term standard contracts)—\n(a) in subsection (2)—\n(i) omit paragraphs (i) and (j) (but not the “and” which follows paragraph (j));\n(ii) for paragraph (k) substitute—\n“(k)Part 1 of Schedule 9A (restrictions on giving notice under section 186 and under a landlord's break clause: breach of statutory obligations).”;\n(b) in subsection (6) omit the words from “, but subsection (2)(k)” to ”break clause”.\n13 In section 147 (overview of Part 9), in table 1, in the right hand column of the entry for Chapter 1, for “section 161” substitute “ section 160 ”.\n14 In section 150 (possession notices), in subsection (1)—\n(a) after “contract-holder” insert “ under any of the following sections ”;\n(b) at the end insert “—\n(a) section 159 (in relation to a breach of contract by a contract-holder);\n(b) section 161 (in relation to estate management grounds);\n(c) section 166, 171 or 192 (in relation to a contract-holder's notice);\n(d) section 182 or 188 (in relation to serious rent arrears under a standard contract).”\n15 In section 175 (restriction on giving notice under section 173 in first four months of occupation), in subsection (4) omit the words from “and section 20” to the end.\n16 In section 181 (serious rent arrears), in subsection (1), for “in serious rent arrears” substitute “ seriously in arrears with his or her rent ”.\n17 In section 183 (relevance of events under fixed term standard contract to periodic standard contract arising at end of fixed term)—\n(a) in subsection (1)—\n(i) omit the “or” after paragraph (a);\n(ii) after paragraph (b) insert “or\n(c) a notice under a landlord's break clause,”;\n(b) for subsection (2) substitute—\n“(2)Sections 179 and 180—\n(a) apply to a notice under section 186(1) as they apply to a notice under section 173, and\n(b) apply to a possession claim made on the ground in section 186(5) in reliance on such a notice as they apply to a possession claim made on the ground in section 178 in reliance on a notice under section 173.”\n18 In section 196 (restrictions on use of landlord's break clause in first four months of occupation), in subsection (4) omit the words from “and section 20” to the end.\n19 In section 204 (possession claims), in subsection (1), in paragraph (a)—\n(a) for “following sections” substitute “ following provisions ”;\n(b) omit sub-paragraph (i);\n(c) in sub-paragraph (vi), for “during first four months” substitute “ until after the first six months ”;\n(d) in sub-paragraph (vii), for “176 , 177” substitute “ 177, 177A ”;\n(e) in sub-paragraph (xii), for “during first four months” substitute “ until after the first 18 months ”;\n(f) in sub-paragraph (xiii), omit “197,”;\n(g) after sub-paragraph (xiv) (and before the “or” that follows it) insert—\n“(xv)Schedule 9A (restrictions on giving notice under sections 173 and 186 and under a landlord's break clause: breach of statutory obligations),”.\n20 In section 253 (index of terms), in table 2, in the right hand column of the entry for “possession notice”, for “section 150” substitute “ sections 159, 161, 166, 171, 182, 188 and 192 (and see also section 150) ”.\n21 In section 256 (regulations)—\n(a) in subsection (2) for “an enactment other than a provision of this Act” substitute “ any enactment (including a provision of this Act) ”;\n(b) in subsection (4)—\n(i) after paragraph (d) insert—\n“(da)section 121 (power to amend Act in relation to power under periodic standard contract to exclude contract-holder from dwelling for specified periods),\n(db) section 133 (power to amend Act in relation to power under fixed term standard contract to exclude contract-holder from dwelling for specified periods),”;\n(ii) after paragraph (l) insert—\n“(la)paragraph 13 of Schedule 8A (power to amend that Schedule),”'\n(c) after paragraph (m) (and before the “and” that follows it) insert—\n“(ma)paragraph 8 of Schedule 9A (power to amend that Schedule),\n(mb) paragraph 11 of Schedule 9B (power to amend that Schedule),\n(mc) paragraph 11 of Schedule 9C (power to amend that Schedule),”.\n22(1)Schedule 1 (overview of fundamental provisions incorporated as terms of occupation contracts) is amended as follows.\n(2) In Part 2 (periodic standard contracts), in table 4—\n(a) in the entry for sections 122 to 128, in the third column (notes)—\n(i) for “122(1)(a)” substitute “ 122(1)(b) ”, and\n(ii) omit the words from “Sections 125(1)(b) and 126 are not incorporated” to the end;\n(b) in the entry for sections 173 to 180—\n(i) for the text in the first column (fundamental provision) substitute ”Sections 173 to 175 and 177 to 180, and Part 1 of Schedule 9A”;\n(ii) for the text in the third column (notes) substitute “ If section 173 is not incorporated, sections 174 to 177A and Schedule 9A do not apply; but if a contract incorporates section 173, Part 1 of Schedule 9A must be incorporated without modification. Section 174A applies instead of section 174 to a contract that is within Schedule 8A, and section 175 does not apply to a contract that is within Schedule 9 (even if section 173 is incorporated). ”\n(3) In Part 3 (fixed term standard contracts), in table 5—\n(a) in the entry for section 186, for the text in the third column (notes) substitute “ Only applies if contract is within Schedule 9B. If contract incorporates section 186, Part 1 of Schedule 9A must be incorporated without modification. ”;\n(b) in the entry for sections 195 to 201—\n(i) for the text in the first column (fundamental provision) substitute ”Sections 195, 195A and 196, and 198 to 201, and Part 1 of Schedule 9A”;\n(ii) for the text in the third column (notes) substitute “ Only apply if contract has a landlord's break clause; but if a contract has a landlord's break clause, Part 1 of Schedule 9A must be incorporated without modification. Section 195A applies instead of section 195 to a contract that is within Schedule 8A, and section 196 does not apply to a contract that is within Schedule 9. ”\n23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n24 In Schedule 4 (introductory standard contracts), in paragraph 3, in sub-paragraph (7) omit the words from “; the power under section 256(2)” to the end.\n25(1)Schedule 7 (prohibited conduct standard contracts) is amended as follows.\n(2) In paragraph 2, in sub-paragraph (8) for “during first four months” substitute “ until after the first six months ”.\n(3) In paragraph 4, in sub-paragraph (7) omit the words from “; the power under section 256(2)” to the end.\n26(1)Schedule 9 (standard contracts to which limits in sections 175, 186(2) and 196 do not apply) is amended as follows.\n(2) In paragraph 3 for “standard contract which relates to supported accommodation” substitute “ supported standard contract ”.\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4) In the heading—\n(a) omit “, 186(2)”;\n(b) for “(LANDLORD'S NOTICE DURING FIRST SIX MONTHS OF OCCUPATION)” substitute “(WHEN LANDLORD'S NOTICE MAY BE GIVEN)”.\n(5) In the words of introduction omit “, 186”.\n27(1)Schedule 12 (conversion of tenancies and licences existing before commencement of Chapter 3 of Part 10 of the 2016 Act) is amended as follows.\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3) After paragraph 12 (provision of information) insert—\n“12A(1)Schedule 9A (restrictions on giving notice under section 173, under section 186, and under a landlord's break clause) applies in relation to a converted contract as if—\n(a) paragraph 1 were omitted, and\n(b) for paragraph 2 there were substituted—\n\n“Failure to provide written statement within the specified period\n2 If—\n(a) a landlord is required to provide a written statement of the contract under paragraph 11(1) of Schedule 12, or under section 31(2) (where it is not disapplied by paragraph 11(1A) of that Schedule), and\n(b) the landlord has failed to comply with paragraph 11(1) or section 31(2),\nthe landlord may not give notice before the end of the period of six months starting with the day on which the landlord gave the written statement to the contract-holder.””\n(4) In paragraph 23 (introductory standard contracts), in sub-paragraph (3) after “as if” insert “—\n(a) in section 174 (landlord's notice: minimum notice period), the reference in subsection (1) to “six months” were a reference to “two months”,\n(b) in section 175 (landlord's notice: notice may not be given until after first six months of occupation), the references in subsections (1) and (2) (and the heading) to “six months” were references to “four months”, and\n(c)”.\n(5) After paragraph 25 (termination of contract by landlord) insert—\n“25A(1)This paragraph applies to a periodic standard contract which immediately before the appointed day was an assured shorthold tenancy.\n(2) This Act applies as if—\n(a) in section 174 (landlord's notice: minimum notice period), the reference in subsection (1) to “six months” were a reference to “two months”, and\n(b) in section 175 (landlord's notice: notice may not be given until after first six months of occupation), the references in subsections (1) and (2) (and the heading) to “six months” were references to “four months”.”\n(6) After paragraph 25A (inserted by sub-paragraph (5)) insert—\n“25B(1)This paragraph applies to a fixed term standard contract which—\n(a) immediately before the appointed day was a tenancy or licence for a fixed term, and\n(b) is not within Schedule 9B.\n(2) The landlord may, before or on the last day of the term for which the contract was made, give the contract-holder notice that he or she must give up possession of the dwelling on a date specified in the notice.\n(3) The specified date may not be less than six months after—\n(a) the occupation date (see paragraph 31), or\n(b) if, immediately before the appointed day, the converted contract was a substitute tenancy or licence, the day on which the contract-holder became entitled to occupy the dwelling under the original tenancy or licence.\n(4) Subject to sub-paragraph (3), the specified date—\n(a) may not be before the last day of the term for which the converted contract was made, and\n(b) may not be less than two months after the day on which the notice is given to the contract-holder.\n(5) For the purposes of sub-paragraph (3)—\n(a) a converted contract was a substitute tenancy or licence if—\n(i) the occupation date of the converted contract falls immediately after the end of a preceding tenancy or licence,\n(ii) immediately before the occupation date of the converted contract a tenant or licensee under the contract was a tenant or licensee under the preceding tenancy or licence, and a landlord under the converted contract was a landlord under the preceding tenancy or licence, and\n(iii) the converted contract relates to the same (or substantially the same) dwelling as the preceding tenancy or licence, and\n(b)“original tenancy or licence” means—\n(i) where the substitute tenancy or licence has an occupation date falling immediately after the end of a tenancy or licence which is not a substitute tenancy or licence, the tenancy or licence which preceded the substitute tenancy or licence;\n(ii) where there have been successive substitute tenancies or licences, the tenancy or licence which preceded the first of the substitute tenancies or licences.\n(6) If the landlord gives the contract-holder a notice under sub-paragraph (2), the landlord may on that ground make a possession claim.\n(7) The landlord may not make a possession claim on that ground before the end of the fixed term standard contract.\n(8) Sub-paragraphs (2) to (7) are fundamental provisions which are incorporated as a term of all fixed term standard contracts to which this paragraph applies.\n25CWhere paragraph 25B applies, this Act applies as if—\n(a) references to section 186 include a reference to paragraph 25B,\n(b) references to a notice under section 186(1) include a reference to a notice under paragraph 25B(2), and\n(c) references to the ground in section 186(5) include a reference to the ground in paragraph 25B(6).”\n(7) After paragraph 25C (inserted by sub-paragraph (6)) insert—\n“25D(1)This paragraph applies to a fixed term standard contract which, immediately before the appointed day, was a tenancy or licence for a fixed term containing a landlord's break clause.\n(2) This Act applies as if—\n(a) in section 194 (landlord's break clause)—\n(i) in subsection (1), the words “which is within subsection (1A)” were omitted, and\n(ii) subsection (1A) were omitted,\n(b) in section 195 (minimum notice period), the reference in subsection (1) to “six months” were a reference to “two months”,\n(c) in section 196 (landlord's notice: notice may not be given until after first 18 months of occupation), the reference in subsection (1) (and the heading) to “18 months” were a reference to “four months”, and\n(d) Schedule 9C were omitted.”\n\nRenting Homes (Fees etc.) (Wales) Act 2019\n28(1)The Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2) is amended as follows\n(2) In section 6 (application of sections 2 to 5 of that Act to pre-existing requirements and contracts), omit paragraph (b).\n(3) Omit section 25 (assured tenancies).","title":""}
{"_id":"text_ukpga_Geo5_12-13_24","text":"[20th July 1922)\n\n1 Power to Treasury to guarantee loan.\n(1) Subject to the provisions of this Act, the Treasury may guarantee in such manner as they think fit payment of the principal of and the interest on any loans raised by the Government of Northern Ireland, not exceeding in the aggregate an amount sufficient to raise three million five hundred thousand pounds.\n(2) A guarantee shall not be given under this Act until the Government of Northern Ireland have provided to the satisfaction of the Treasury—\n(a) For charging on the Consolidated Fund of Northern Ireland and the growing produce thereof the principal of and the interest on any such loans, and any sinking fund payments for the repayment of the principal of any such loans:\n(b) For charging on the Consolidated Fund of Northern Ireland and the growing produce thereof immediately after the last-mentioned charge the repayment to the Treasury of any sum issued out of the Consolidated Fund of the United Kingdom under this Act on account of a guarantee given under this Act, with interest thereon at such rate as the Treasury may fix:\n(c) For raising or securing the raising of sufficient money to meet the above charges.\n(3) Any sums required by the Treasury for fulfilling a guarantee given under this Act shall be charged on and issued out of the Consolidated Fund of the United Kingdom . . . , and any sums paid on account of the repayment of any amount so issued out of the said Fund shall be paid into the Exchequer.\n(4) The Treasury shall lay before both Houses of Parliament a statement of any guarantee given under this Act and an account of any sums issued out of the Consolidated Fund of the United Kingdom for the purpose of any such guarantee, in each case as soon as may be after the guarantee is given or the sums are issued.\n\n2 Short title.\nThis Act may be cited as the Government of Northern Ireland (Loan Guarantee) Act 1922.","title":""}
{"_id":"text_apni_1934_5","text":"[5th June 1934]\n\n1 Power to hold, sell or otherwise dispose of lands.\n(1) A railway company shall have power, and shall be deemed always to have had power, to sell, lease, grant in fee farm, exchange, mortgage or otherwise dispose of any land, vested in the company or hereafter acquired by the company under the powers of any enactment, which is not at the time of such sale or other disposition being used for the purposes of the company's undertaking, whether or not such land has been previously so used, or to retain, hold and use such land.\n(2) On any sale or other disposition by a railway company under this section the other party thereto shall not be concerned or entitled to enquire whether or not the land is or is not being used for the purposes of the company's undertaking.\n(3) Sections one hundred and twenty-seven to one hundred and thirty-one of the Lands Clauses Consolidation Act, 1845 [1845 c.18] , shall not apply to any land vested in a railway company or hereafter acquired by a railway company under the powers of any enactment.\n(4) The purchase money arising from sales of land under this section shall be applied only to purposes to which capital is properly applicable.\n\n2 Amendments as to level crossings.\n(1) If, upon an application made to the Ministry by the railway company concerned, the Ministry is satisfied that it is expedient so to do, it may direct that the gates on any level crossing over a public road shall, instead of being kept closed across the road, be kept closed across the railway, either constantly, or on such days, or during such portions of any day, as the Ministry thinks fit, and, if the Ministry so directs, the gates shall, notwithstanding anything in any enactment to the contrary, be kept closed in accordance with its direction, except when engines or vehicles passing along the railway have occasion to cross the road and if the person entrusted with the care of the gates fails to comply with the direction of the Ministry, such person shall on summary conviction be liable to a penalty of level 1 on the standard scale for each offence.\n(2) The powers conferred upon the Ministry by the preceding sub-section shall be deemed to be in addition to, and not in derogation of, any powers conferred upon it by section forty-seven of the Railways Clauses Consolidation Act, 1845 [1845 c.20] , or by any provision in any other enactment which relates to the closing of gates on level crossings.\n(3) So much of section forty-eight of the Railways Clauses Consolidation Act, 1845, as requires that where a railway crosses a road, to which the said section applies, on a level adjoining to a station, all trains shall be made to slacken their speed before arriving at the road, and shall not cross it at a greater rate of speed than four miles an hour, and so much of any section of any other enactment as contains provisions substantially to the like effect, shall cease to have effect.\n\n3 Amendment as to duty of railway company to report certain accidents.\n(1) Section six of the Regulation of Railways Act, 1871 (which imposes upon a railway company the duty of notifying to the Ministry certain accidents) as extended by sub-section (2) of section thirteen of the Railway Employment (Prevention of Accidents) Act, 1900 , shall have effect subject to the following modifications:—\n(i) An accident which is attended with personal injury to a person or persons in the employment of the railway company, but which does not disable any such person for more than three days from earning full wages at the work at which he was employed, need not be notified to the Ministry if, but for the fact that it was attended with personal injury, notification would not have been required by the said section six as so extended; but if, and so soon as, it is known that any person injured has been so disabled for more than three days, the company shall notify the accident by the earliest practicable post;\n(ii) An accident which occurs to a person not in the employment of the railway company, and which is not connected with the movement of any engine or railway vehicle, need not be notified to the Ministry by the earliest practicable post, but all such accidents as are referred to in this paragraph shall be notified to the Ministry in such manner and at such times as may be required by directions given by it under the said section six.\n(2) Nothing in the Notice of Accidents Acts, 1894 [1894 c.28] and 1906 [1906 c.53] , shall be construed as requiring notice to be given of any accident if, but for the provisions of this section, notification of that accident would have been required by section six of the Regulation of Railways Act, 1871, as so extended as aforesaid.\n\n4 Power to operate signals and points by electricity.\nA railway company may, with the approval of the Ministry, operate its signals and the railway points associated with such signals by means of electrical energy, ….\n\n5 Interpretation.\n(1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them:—\n  * “Enactment” includes any Act (whether a public general Act or not) and an Order confirmed by, or having the effect of, an Act:\n  * “Land” includes buildings and water and any interest in land or water and any easement or right in, to or over land, buildings or water:\n  * “Ministry” means Ministry of Commerce:\n  * “Railway company” includes a committee of a railway company, a joint committee of two or more railway companies, and any person or body being the owner or lessee of or working any railway constructed or carried on under the powers of any enactment:\n  * “Undertaking” includes the provision and running of road vehicles under the Railways (Road Vehicles) Act (Northern Ireland), 1927 [1927 c.9] .\nSubs. (2) rep. by 1954 c. 33 (NI)\n\n6 Short title.\nThis Act may be cited as the Railways Act (Northern Ireland), 1934.","title":""}
{"_id":"text_ukpga_1977_47","text":"[29th July 1977]\n\n1 Restoration of powers conferred by certain orders.\n(1) The provisions specified in subsection (2) below (which until 31st March 1977 permitted the councils of certain districts, which are specified in the Schedule to this Act and in each of which is included the whole or part of the area of a former county borough or borough, to enter into agreements with other local authorities for the construction of buildings or works in the area of the former county borough or borough concerned) shall have effect on and after the passing of this Act with the omission of the words “until 31st March 1977”.\n(2) The provisions referred to in subsection (1) above (all of which were made by virtue of section 254 of the Local Government Act 1972) are as follows:—\n(a) article 3 of the Local Authorities (Temporary Use of Labour) Order 1975,\n(b) article 8 of the Local Authorities etc. (Miscellaneous Provision) (No. 2) Order 1975, and\n(c) article 8 of the Local Authorities etc. (Miscellaneous Provision) Order 1976.\n\n2 Short title and extent.\n(1) This Act may be cited as the Local Authorities (Restoration of Works Powers) Act 1977.\n(2) This Act extends to England and Wales only.\nSection 1.\n\nSCHEDULE Local Authorities to which Section 1 refers\nThe Borough Council of Barrow-in-Furness.\nThe Borough Council of Blackburn.\nThe Borough Council of Bolton.\nThe City Council of Bristol.\nThe Borough Council of Burnley.\nThe City Council of Cardiff.\nThe City Council of Derby.\nThe Borough Council of Gateshead.\nThe Borough Council of Grimsby.\nThe City Council of Kingston upon Hull.\nThe City Council of Lincoln.\nThe City Council of Liverpool.\nThe City Council of Manchester.\nThe City Council of Newcastle upon Tyne.\nThe Borough Council of North Tyneside.\nThe City Council of Plymouth.\nThe Borough Council of Rotherham.\nThe Borough Council of Scunthorpe.\nThe City Council of Sheffield.\nThe Borough Council of South Tyneside.\nThe City Council of Stoke-on-Trent.\nThe Borough Council of Stockport.\nThe Borough Council of Sunderland.\nThe City Council of Swansea.\nThe Borough Council of Wigan.","title":""}
{"_id":"text_ukpga_1981_24","text":"[2nd July 1981]\nBe it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—\n\nPart I Rights of Occupation\n\n1–3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n4\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n5,6.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nPart II Orders for Sale of Property\n\n7 Powers of court to order sale of property in matrimonial proceedings.\nAfter section 24 of the Matrimonial Causes Act 1973 there shall be inserted the following section—\n\n“24A Orders for sale of property.\n(1) Where the court makes under section 23 or 24 of this Act a secured periodical payments order, an order for the payment of a lump sum or a property adjustment order, then, on making that order or at any time thereafter, the court may make a further order for the sale of such property as may be specified in the order, being property in which or in the proceeds of sale of which either or both of the parties to the marriage has or have a beneficial interest, either in possession or reversion.\n(2) Any order made under subsection (1) above may contain such consequential or supplementary provisions as the court thinks fit and, without prejudice to the generality of the foregoing provision, may include—\n(a) provision requiring the making of a payment out of the proceeds of sale of the property to which the order relates, and\n(b) provision requiring any such property to be offered for sale to a person, or class of persons, specified in the order.\n(3) Where an order is made under subsection (1) above on or after the grant of a decree of divorce or nullity of marriage, the order shall not take effect unless the decree has been made absolute.\n(4) Where an order is made under subsection (1) above, the court may direct that the order, or such provision thereof as the court may specify, shall not take effect until the occurrence of an event specified by the court or the expiration of a period so specified.\n(5) Where an order under subsection (1) above contains a provision requiring the proceeds of sale of the property to which the order relates to be used to secure periodical payments to a party to the marriage, the order shall cease to have effect on the death or re-marriage of that person.”\n\n8 Amendments consequential on powers of court to order sale of property.\n(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(2) In section 31 of the said Act of 1973 (which provides for the variation and discharge of certain orders for financial relief)—\n(a) at the end of subsection (2) there shall be inserted the following paragraph—\n“(f)any order made under section 24A(1) above for the sale of property”;\n(b) in subsection (6) for the words “may be made by the person entitled to payments under the order” there shall be substituted the words “(and to any order made under section 24A(1) above which requires the proceeds of sale of property to be used for securing those payments) may be made by the person entitled to payments under the periodical payments order.”\n(3) In paragraph 11 of Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973 (which relates to the effect on an order for periodical payments of the stay of proceedings for divorce, judicial separation or nullity of marriage) after sub-paragraph (3) there shall be inserted the following sub-paragraph—\n“(3A)\nWhere any such order as is mentioned in paragraph (e) of section 23(1) of the Matrimonial Causes Act 1973, being an order made under section 23(1) or (2)(a) of that Act, ceases to have effect by virtue of sub-paragraph (2) or (3) above, any order made under section 24A(1) of that Act which requires the proceeds of sale of property to be used for securing periodical payments under the first mentioned order shall also cease to have effect.”\n\nPart III Supplemental\n\n9 Commencement.\nThis Act shall come into force on such day as the Lord Chancellor may by order made by statutory instrument appoint, and different days may be appointed for different provisions of this Act.\n\n10 Short title, etc.\n(1) This Act may be cited as the Matrimonial Homes and Property Act 1981.\n(2) The enactments specified in Schedule 3 to this Act are hereby repealed to the extent specified in the third column of that Schedule.\n(3) This Act does not extend to Scotland or Northern Ireland.\n\nSCHEDULES\n\nSCHEDULES 1, 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nSCHEDULE 3 Repeals\nChapter      Short Title                   Extent of Repeal\n1967 c. 75.  Matrimonial Homes Act 1967.   In section 2(7) the words “or caution”.\n                                           In section 2(8) the words “or interest” (twice).\n                                           In section 4(1) the words “or interest” (three times).\n                                           In section 4(5) the words “or interest”.\n                                           In section 5(2)(a) the words “or interest”.\n1968 c. 23.  Rent Act 1968.                In Schedule 15 the amendments of section 7 of the Matrimonial Homes Act 1967 (as saved by paragraph 30 of Schedule 24 to the Rent Act 1977).\n1976 c. 80.  Rent (Agriculture) Act 1976.  In Schedule 8 paragraph 16.\n1977 c. 42.  Rent Act 1977.                In Schedule 23 paragraph 41.\n1980 c. 51.  Housing Act 1980.             In Schedule 25 paragraphs 15, 16 and 17.\n\nThe repeals in the Matrimonial Homes Act 1967 shall not affect any caution duly lodged before the commencement of this Act as respects any estate or interest.","title":""}
{"_id":"text_ukpga_Geo5_18-19_13","text":"[2nd July 1928]\n\n1, 2.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n3 Securities for note issue to be held in issue department.\n(1) In addition to the gold coin and bullion for the time being in the issue department, the Bank shall from time to time appropriate to and hold in the issue department securities of an amount in value sufficient to cover the fiduciary note issue for the time being.\n(2) The securities to be held as aforesaid may include silver coin to an amount not exceeding five and one-half million pounds.\n(3) The Bank shall from time to time give to the Treasury such information as the Treasury may require with respect to the securities held in the issue department, . . .\n(4) In this section the expression “ securities ” includes securities and assets in currency of any country and in whatever form held.\n\n4 Transfer of currency notes issue to Bank of England.\n(1) As from the appointed day all currency notes issued under the Currency and Bank Notes Act 1914, certified by the Treasury to be outstanding on that date (including currency notes covered by certificates issued to any persons under section two of the Currency and Bank Notes (Amendment) Act 1914, but not including currency notes called in but not cancelled) shall, for the purpose of the enactments relating to bank notes and the issue thereof (including this Act) be deemed to be bank notes, and the Bank shall be liable in respect thereof accordingly.\n(2) The currency notes to which subsection (1) of this section applies are in this Act referred to as “the transferred currency notes.”\n(3) At any time after the appointed day, the Bank shall have power, on giving not less than three months’ notice in the London, Edinburgh and Belfast Gazettes, to call in the transferred currency notes on exchanging them for bank notes of the same value.\n(4) Any currency notes called in but not cancelled before the appointed day may be exchanged for bank notes of the same value.\n\n5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n6 Profits of note issue to be paid to Treasury.\n(1) The Bank shall, at such times and in such manner as may be agreed between the Treasury and the Bank, pay to the Treasury an amount equal to the profits arising in respect of each year in the issue department, including the amount of any bank notes written off under section six of the Bank Act 1892 as amended by this Act or under section 3 of the Currency Act 1983, but less the amount of any bank notes so written off which have been presented for payment during the year and the amount of any currency notes called in but not cancelled before the appointed day which have been so presented.\n(2) For the purposes of this section the amount of the profits arising in any year in the issue department shall, subject as aforesaid, be ascertained in such manner as may be agreed between the Bank and Treasury.\n(3) For the purposes of the Income Tax Acts, any income of, or attributable to, the issue department shall be deemed to be income of the Exchequer, and any expenses of, or attributable to, the issue department shall be deemed not to be expenses of the Bank.\n(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n9 Amendment as to issue of notes by banks in Scotland and Northern Ireland.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n10 Amendment of s. 6 of 7 & 8 Vict. c. 32.\nThe form prescribed by Schedule A to the Bank Charter Act 1844 for the account to be issued weekly by the Bank under section six of that Act may be modified to such an extent as the Treasury, with the concurrence of the Bank, consider necessary, having regard to the provisions of this Act.\n\n11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n12 Penalty for defacing bank notes.\nIf any person prints or stamps, or by any like means impresses, on any bank note any words, letters or figures, he shall, in respect of each offence, be liable on summary conviction to a penalty not exceeding level 1 on the standard scale.\n\n13†Short title, interpretation and repeal.\n(1) This Act may be cited as the Currency and Bank Notes Act 1928.\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3) In this Act, unless the context otherwise requires,—\n  * The expression “the Bank” means the Bank of England:\n  * The expression “issue department” means the issue department of the Bank:\n  * The expression “bank note” means a note of the Bank:\n  * The expression “coin” means coin which is current and legal tender in the United Kingdom:\n  * The expression “bullion” includes any coin which is not current and legal tender in the United Kingdom.\n(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nSCHEDULE\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .","title":""}
{"_id":"text_ukpga_Geo5_8-9_53","text":"21st November 1918\n\n1 Alteration of rates of pay in certain ranks of the Royal Irish Constabulary and Dublin Metropolitan Police.\n(1) The pay of county inspectors and district inspectors of the Royal Irish Constabulary shall be according to the rates specified in Part. of the First Schedule to this Act instead of the respective rates fixed in pursuance of section two of the Constabulary (Ireland) Amendment Act, 1882, or specified in Part I. of the First Schedule to the Constabulary and Police (Ireland) Act, 1916 (in this Act referred to as “the Act of 1916”).\n(2) The pay of constables of the Royal Irish Constabulary shall be according to the rates specified in Part II. of the First Schedule to this Act instead of the rates specified in Part II. of the First Schedule to the Act of 1916.\n(3) The pay of constables of the Dublin Metropolitan Police shall be according to the rates specified in the Second Schedule to this Act instead of the rates specified in the Second Schedule to the Act of 1916.\n(4) Subject to the provisions of this Act any enactment relative to the pay of county inspectors, district inspectors or constables shall apply to pay at the rates authorised by this Act in like manner as it applies to pay at the rates actually in force at the passing of this Act.\n(5) The schedule to the Constabulary (Ireland) Amendment Act, 1882 (so far as unrepealed), section one of the Act of 1916 and the First and Second Schedules to that Act are hereby repealed.\n\n2 Extension of power to grant pensions to widows of constables.\n(1) Where a man to whom this section applies, that is to say:—\n(a) a constable who was serving in either of the said police forces on the first day of September nineteen hundred and eighteen ;\n(b) a constable of either of the said police forces who, having been called out as a reservist, or having entered or re-entered, enlisted or re-enlisted in any of His Majesty’s naval, military, or air forces for the purposes of the present war, was on the said first day of September serving in any such force ;\n(c) a constable who, having joined either of the said police forces after the said first day of September, has completed five years’ service,\ndies, or has, on or after the said first day of September, died whilst serving in the police force or in any of His Majesty’s naval, military, or air forces for the purposes of the present war, or whilst in receipt of a pension from the police authority, or in consequence of any disease or injury on account of which he retired fromthe police force, the police authority shall garnt to his widow (being a woman whom he married before he retired from the police force and in accordance with the regulations of the force) a pension not exceeding twenty-six pounds a year, or if the constable’s annual pay in the police force was more than two-hundred and sixty pounds, not exceeding one tenth of the amount of such pay yearly:\nProvided that if the widow is in receipt of a pension payable out of naval, military, or air force funds in pursuance of any Royal Warrant or Order in Council, then—\n(i) if the pension payable out of such funds amounts to or exceeds the amount prescribed by this section, no pension shall be payable under this section ;\n(ii) if the pension payable out of such funds is less than the amount prescribed by this section, the pension payable under this section shall be equal to the difference.\n(2) Where a pension is granted under this Act to the widow of a constable to whom a gratuity has been granted on retirement from the police force, the pension shall be payable as from such date after the death of the constable as the police authority may determine.\n\n3 Further provisions as to pensions to widows of constables.\n(1) Paragraph (9) of the Second Schedule to the Constabulary and Police (Ireland) Act 1883, in its application to a pension payable under section four of that Act to the widow of the constable who has died on or after the first day of September nineteen hundred and eighteen, or dies after the passing of this Act, shall have effect as if “ twenty-six pounds ” were substituted for “ten pounds.”.\n(2) Where the widow is one to whom a pension or gratuity may be granted under section four of the Constabulary and Police Act 1883, she shall not be entitled to a pension or gratuity under that section unless she accepts the same in lieu of a pension under this Act.\n(3) A pension payable to a widow of a constable under this Act or under section four of the Constabulary and Police (Ireland) Act, 1883, shall, if at any time she remarries, be suspended, but in the event of her again becoming a widow shall be restored on proof to the satisfaction of the police authority that her circumstances are such that the pension is necessary for her support, and that if she is of good character and deserving of bounty from public funds, and accordingly in paragraph (12) of the Schedule to the said Act the words “ remains a widow, and ” shall be repealed, and that paragraph as so amended shall apply to pensions payable under this Act.\n\n4 Allowances to widows of county inspectors or district inspectors.\n(1) In paragraph (2) of the Third Schedule to the Constabulary and Police (Ireland) Act, 1914 (in this Act referred to as “the Act of 1914”), fifty pounds shall be substituted for thirty pounds as the maximum allowance that may be granted to the widow of a county inspector of district inspector of the Royal Irish Constabulary under section two of that Act.\n(2) Where a county inspector or district inspector of the Royal Irish Constabulary without his own default loses his life from the effect of an injury received in the execution of his duty, the allowance granted to his widow under section two of the Act of 1914 may be in excess of the maximum amount fixed for such allowance in the Third Schedule to that Act as amended by this Act, so that the excess be not in any case greater than one half of that maximum amount.\n\n5 Alteration of enactments relating to pensions and allowances and gratuities.\n(1) In calculating the amount of the weekly allowance that may be granted under section one of the Irish Police (Naval and Military Service) Act, 1915, in respect of a married member of the Royal Irish Constabulary or Dublin Metropolitan Police who, being a reservist, has been called out, or, not being a reservist has joined His Majesty’s Naval or Military Forces for the purposes of the present war, the weekly amount which that member was receiving from police funds at the time of his being so called out or joining shall, as from the first day of September nineteen hundred and eighteen, be computed as if the rates of pay authorised by this Act had been in force at that time, and as if any war bonus granted to the police force had then been payable, and the amount of any such weekly allowance may be altered so as to give effect to this provision.\n(2) In the application of subsection (2) of section three of the Act of 1914 to any pension, allowance or gratuity granted after the first day of September nineteen hundred and eighteen, any reference to any schedule to the Act of 1914 shall be construed as a reference to the corresponding schedule to this Act, and any reference to the commencement of that Act shall be construed as a reference to the first day of September nineteen hundred and eighteen, but nothing in that subsection as so applied shall affect the operation of section two of the Police (Emergency Provisions) Act, 1915.\n(3) Section four of the Constabulary (Ireland) Act, 1908, which authorises pensions to be granted in certain circumstances to constables of the Royal Irish Constabulary, shall, with the substitution of the Chief Commissioner of the Dublin Metropolitan Police for the Inspector-General, apply as respects constables of the last-mentioned force in like manner as it applies as respects constables of the Royal Irish Constabulary.\n\n6 Reckoning of service in naval, military, and air forces.\nThe consent of the police authority, referred to in subsection (3) of section one of the lrish Police (Naval and Military Service) Act, 1915, may, in the case of any man who has entered, re-entered, enlisted, or re-enlisted in any of His Majesty’s naval, military, or air forces, be given after the time when he so entered, re-entered, enlisted, or re-enlisted, and when given after that time shall, for the purposes of the enactments regulating pensions and gratuities, have the same effect as if leave had been given before that time.\n\n7 Amendment of 37 & 38 Vict. c. 80. s. 5\n(1) The rates of charge for district inspectors and head constables under section five of the Constabulary (Ireland) Act, 1874, shall be fixed and determined on an average of the entire force of district inspectors and head constables in the like manner and according to the like principles as the rates of charge for other ranks under that section as amended by any subsequent enactment, and so much of the said section as fixes the rates of charge for district inspectors and head constables shall cease to have effect.\n(2) In fixing and determining the rates of charge for any rank under the said section as so amended, regard shall be had to all items of expenditure in connection with that rank.\n\n8 Interpretation\nIn this Act unless the context otherwise requires—\nThe expression “police authority” means in the acse of the Royal Irish Constabulary the Inspector-General, and in the case of the Dublin Metropolitan Police the Chief Commissioner; and\nThe expression “constable” includes any head constable major, head constable, sergeant, acting sergeant and constable of the Royal Irish Constabulary, and any member of the Dublin Metropolitan Police not being of higher rank than chief superintendent.\n\n9 Short tile and commencement.\nThis Act may be cited as the Constabulary and Police (Ireland) Act 1918 . . .\ns. 1(1)\n\nFIRST SCHEDULE RATES OF PAY OF COUNTY INSPECTORS, DISTRICT INSPECTORS AND CONSTABLES OF THE ROYAL IRISH CONSTABULARY.\n\nPART I. COUNTY INSPECTORS\n\n£400 a year on appointment increasing by £20 a year to £500. In the case of any county inspector appointed to that rank before the 1st day of September 1918, his yearly salary as from that date shall be calculated as if this schedule had been in operation at the time of his appointment.\n\nDISTRICT INSPECTORS\nClass.     Length of Service of Class.  Yearly Pay.\n                                        £\n1st class  6 years and upwards          340\n           3 to 6 years                 315\n           Under 3 years                290\n2nd class  5 years and upwards          240\n           Under 5 years                215\n3rd class                               190\n\n\nPART IISection 1(2). CONSTABLES.\nRank.                  Length of Service in Rank.  Weekly Pay.\n                                                   s.\nHead Constable, Major                              61\nHead Constable         4 years and upwards         60\n                       Under 4 years               56\nSergeant               4 years and upwards         51\n                       Under 4 years               49\nActing Sergeant                                    47\nConstable              20 years and upwards        45\n                       15 to 20 years              43\n                       11 to 15 years              42\n                       7 to 11 years               41\n                       5 to 7 years                39\n                       2 to 5 years                38\n                       6 months to 2 years         36\n                       Under 6 months              31\n\ns. 1(3)\n\nSECOND SCHEDULE RATES OF PAY OF CONSTABLES OF THE DUBLIN METROPOLITAN POLICE.\nRank.                 Yearly Pay.\nChief Superintendent  £335 on appointment, increasing by £20 a year to £455 and then by one yearly increment of £5 to £460.\nSuperintendent        £285 on appointment, increasing by £14 a year to £355.\nInspector             £160 on appointment, increasing by £8 a year to £200.\n\nRank.                    Length of Service in Rank.  Weekly Pay.\n                                                     s.\nStation Sergeant                                     58\nSergeant                 6 years and upwards         55\n                         3 to 6 years                54\n                         Under 3 years               52\nConstable                20 years and upwards        48\n15 to 50 years           47\n                         8 to 15 years               46\n                         3 to 8 years                44\n                         1 to 3 years                41\n                         Under 1 year                39\nSupernumerary Constable                              32\n\n\nSPECIAL PROVISIONS\n1 The foregoing rates shall extend to inspectors, sergeants of less than six years’ service in rank, and constables in the Detective Division. As respects other members of that division the following special rates shall apply:—\nRank.                                                Pay.\nSuperintendent                                       £335 a year on appointment, increasing by £20 a year to £435.\nChief Inspector                                      £202 a year on appointment, increasing by £8 a year to £242.\nSergeants of six years’ service and upwards in rank  58s. a week\nDetective Officer                                    48s. a week.\n\n2 In the case of a chief superintendent, superintendent, chief superintendent or inspector appointed to his rank before the first day of September 1918, his yearly pay in that rank as from that date shall be calculated as if this schedule had been in operation at the time of his appointment.\n3 Where a superintendent is appointed to the rank of chief superintendent, his yearly pay on appointment to that rank shall not be less than his yearly pay immediatly before his appointment.","title":""}
{"_id":"text_ukpga_Eliz2_7-8_54","text":"[16th July, 1959]\n\n1 Power to require occupier to prevent spreading of injurious weeds.\n(1) Where the Minister of Agriculture, Fisheries and Food (in this Act referred to as “the Minister”) is satisfied that there are injurious weeds to which this Act applies growing upon any land he may serve upon the occupier of the land a notice in writing requiring him, within the time specified in the notice, to take such action as may be necessary to prevent the weeds from spreading.\n(2) This Act applies to the following injurious weeds, that is to say—\n  * spear thistle (cirsium vulgare), (Savi) Ten.\n  * creeping or field thistle (cirsium arvense (L.) Scop.),\n  * curled dock (rumex crispus L.),\n  * broad-leaved dock (rumex obtusifolius L.), and\n  * ragwort (senecio jacobaea L.);\nand to such additional injurious weeds as may be prescribed by the Minister by regulations.\n\n1ACode of practice: ragwort\n(1) The Minister may make a code of practice for the purpose of providing guidance on how to prevent the spread of ragwort (senecio jacobaea L.).\n(2) Before making the code the Minister must consult such persons as he considers appropriate.\n(3) The Minister must lay a copy of the code before Parliament.\n(4) The Minister may revise the code; and subsections (2) and (3) apply to the revised code.\n(5) The code is to be admissible in evidence.\n(6) If the code appears to a court to be relevant to any question arising in proceedings it is to be taken into account in determining that question.\n\n2 Penalty for failure to comply with requirement.\n(1) Where a notice has been served under section one of this Act on the occupier of any land and that person unreasonably fails to comply with the requirements of the notice, he shall be guilty of an offence and shall, on summary conviction be liable to a fine not exceeding level 3 on the standard scale or, in the case of a second or subsequent offence, to a fine not exceeding level 3 on the standard scale.\n(2) If a failure in respect of which a person is convicted under the preceding subsection is not remedied within fourteen days after the conviction he shall be guilty of a further offence under that subsection and may be punished accordingly.\n(3) Proceedings for an offence under subsection (1) of this section shall not be instituted except by the Minister.\n\n3 Default powers of Minister.\n(1) Where a notice has been served under section one of this Act on the occupier of any land and the occupier has not taken the action required by the notice within the time specified therein, the Minister may take that action and recover a sum equal to the reasonable cost of so doing from the occupier or, if it is not practicable after reasonable enquiry to ascertain his name or address and he is not the owner of the land, from the owner.\n(2) Where the Minister is entitled to recover a sum under the preceding subsection from the owner of land (whether or not he is also the occupier) and is unable after reasonable enquiry to ascertain the name or address of the owner he may apply to the High Court or, if the said sum does not exceed the amount by which the jurisdiction of the county court is limited by section forty-one of the County Courts Act, 1934, or any enactment re-enacting that section, to the county court, for an order imposing on the land a charge for securing the payment of that sum.\n(3) A charge imposed under the last preceding subsection shall be a local land charge . . . ; and the Minister shall, for the purpose of enforcing the charge, have the same powers and remedies under the Law of Property Act, 1925, and otherwise as he would have if he were a mortgagee by deed having powers of sale and lease, of accepting surrenders of leases, and of appointing a receiver.\n(4) Where, by reason of the default of the occupier, the owner of any land has been required to pay any sum to the Minister under subsection (1) of this section or has, by reason of a charge imposed on the land under subsection (2) thereof, otherwise suffered loss he shall be entitled to recover the amount of his loss from the occupier.\n\n4 Powers of entry.\n(1) Any person authorised by the Minister in that behalf may, for the purpose of carrying this Act into effect, on the production, if so required, of his authority, enter on and inspect any land, so however that the occupier shall, in all such cases, be served with a notice of the date on which the inspection is to take place.\n(2) If any person prevents or obstructs the entry for the purpose of this Act upon any land of any person authorised thereunder, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.\n\n5 Exercise of Minister’s powers by local authority.\nThe Minister may authorise the council of any county , county boroughor metropolitan district . . . to exercise on his behalf any of the powers (other than the power to make regulations) conferred on him by this Act; and where a council is so authorised subsection (1) of section four of this Act shall have effect in relation to land in the county , county boroughor metropolitan district . . . in question as if the reference therein to a person authorised by the Minister included a reference to a person authorised by the council.\n\n6 Service of notices.\n(1) Any notice required or authorised by this Act to be served on any person shall be duly served if it is delivered to him, or left at his proper address, or sent to him by post in a registered letter.\n(2) Any such notice required or authorised to be served on an incorporated company or body shall be duly served if served on the secretary or clerk of the company or body.\n(3) For the purposes of this section and of section twenty-six of the Interpretation Act, 1889, the proper address of any person on whom any such notice is to be served shall, in the case of the secretary or clerk of any incorporated company or body, be that of the registered or principal office of the company or body, and in any other case be the last known address of the person in question.\n(4) Where any such notice is to be served on a person as being the person having any interest in land, and it is not practicable after reasonable enquiry to ascertain his name or address, the notice may be served by addressing it to him by the description of the person having that interest in the land (naming it), and delivering the notice to some responsible person on the land or by affixing it, or a copy of it, to some conspicuous object on the land.\n(5) Where any such notice is to be served on a tenant a copy thereof shall be served on the landlord.\n(6) Where any such notice is to be served on any person as being the owner of land and the land is vested in the incumbent of a benefice of the Church of England, a copy thereof shall be served on the Diocesan Board of Finance for the diocese in which the land is situated.\n\n7 Regulations under s. 1.\n(1) Regulations under section one of this Act may make different provisions in different cases specified in the regulations.\n(2) The power to make regulations conferred by the said section one shall be exercisable by statutory instrument, and any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.\n\n8 Expenses.\nAny expenses incurred by the Minister under this Act up to an amount approved by the Treasury shall be defrayed out of moneys provided by Parliament.\n\n9 Application to Scotland.\nIn the application of this Act to Scotland—\n(a) for references to the Minister there shall be substituted references to the Secretary of State; and\n(b) subsection (3) of section two, subsections (2) and (3) of section three, section five, subsection (6) of section six, and subsection (1) of section seven shall be omitted.\n\n10 Repeal and savings.\n(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(2) Any document referring to an enactment repealed by this Act shall be construed as referring to the corresponding enactment of this Act.\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n11 Short title, interpretation and extent.\n(1) This Act may be cited as the Weeds Act, 1959.\n(2) In this Act—\n  * “occupier” means in the case of any public road the authority by whom the road is being maintainedthe roads authority (“public road” and “roads authority” having the same meanings as in the Roads (Scotland) Act 1984) and in the case of unoccupied land the person entitled to the occupation thereof; and\n  * “owner” includes a person entitled for a term of years certain or other limited estate :\n  * Provided that this Act does not apply as regards a road for which the roads authority is the Secretary of State.\n(3) This Act shall not extend to Northern Ireland.\n\nSCHEDULE . . .","title":""}
{"_id":"text_asp_2020_16","text":"Prospective\n\nRegard to be had to child's views\n\n1 Proceedings under Children (Scotland) Act 1995\n(1) The Children (Scotland) Act 1995 is modified as follows.\n(2) In section 6 (views of children)—\n(a) in subsection (1)—\n(i) after “shall” insert “ comply with subsections (1A) and (1D) ”,\n(ii) the words after paragraph (b) are repealed,\n(b) after subsection (1) insert—\n“(1A)The person must—\n(a) give the child an opportunity to express the child's views in—\n(i) the manner that the child prefers, or\n(ii) a manner that is suitable to the child if the child has not indicated a preference or it would not be reasonable in the circumstances to accommodate the child's preference, and\n(b) have regard to any views expressed by the child, taking into account the child's age and maturity.\n(1B) But the person is not required to comply with subsection (1A) if the person is satisfied that—\n(a) the child is not capable of forming a view, or\n(b) the location of the child is not known.\n(1C) In considering whether the child is capable of forming a view, the person is to start with the presumption that the child is.\n(1D) The person must, so far as is practicable, have regard to the views of any other person who has parental responsibilities or parental rights in relation to the child.”.\n(3) In section 11 (court orders relating to parental responsibilities etc.)—\n(a) subsections (7) to (7E) are repealed,\n(b) in subsection (8), the words “, notwithstanding subsection (7) above,” are repealed,\n(c) subsections (9) and (10) are repealed.\n(4) After section 11 insert—\n\n“11ZAParamountcy of child's welfare, and the non-intervention presumption\n(1) In deciding whether or not to make an order under section 11(1) and what order (if any) to make, the court must regard the welfare of the child concerned as its paramount consideration.\n(2) The court must not make an order under section 11(1) unless it considers that it would be better for the child concerned that the order be made than that none should be made at all.\n(3) When considering the child's welfare and whether it would be better for the child to make an order than not, the court must have regard to the following matters in particular—\n(a) the need to protect the child from abuse, or the risk of abuse, which affects, or might affect, the child,\n(b) the effect that abuse, or the risk of abuse, might have on the child,\n(c) the ability of a person to care for, or otherwise meet the needs of, the child, where that person has carried out, or might carry out, abuse which affects, or might affect, the child,\n(d) the effect that abuse, or the risk of abuse, might have on the carrying out of responsibilities in connection with the welfare of the child by a person who has (or, by virtue of an order under section 11(1), would have) those responsibilities,\n(e) whether it is, or would be, appropriate for an order to require that two or more persons co-operate with one another with regard to matters affecting the child.\n(4) In subsection (3)—\n  * “abuse” includes—\n    (a) violence, harassment, threatening conduct and any other conduct giving rise, or likely to give rise, to physical or mental injury, fear, alarm or distress,\n    (b) abuse of a person other than the child, and\n    (c) domestic abuse,\n  * “conduct” includes—\n    (a) speech, and\n    (b) presence in a particular place or area.\n\n11ZBRegard to be had to the child's views\n(1) In deciding whether or not to make an order under section 11(1) and what order (if any) to make, the court must—\n(a) give the child concerned an opportunity to express the child's views in—\n(i) the manner that the child prefers, or\n(ii) a manner that is suitable to the child if the child has not indicated a preference or it would not be reasonable in the circumstances to accommodate the child's preference, and\n(b) have regard to any views expressed by the child, taking into account the child's age and maturity.\n(2) But the court is not required to comply with subsection (1) if satisfied that—\n(a) the child is not capable of forming a view, or\n(b) the location of the child is not known.\n(3) The child is to be presumed to be capable of forming a view unless the contrary is shown.\n(4) Nothing in this section requires a child to be legally represented in any proceedings in which the child's views are sought, if the child does not wish to be.”.\n(5) In section 14 (jurisdiction and choice of law in relation to certain matters), in subsection (4), for “subsection (7) of that section” substitute “ sections 11ZA and 11ZB ”.\n(6) In section 16 (welfare of child and consideration of his views), for subsection (2) substitute—\n“(2)In the circumstances mentioned in subsection (4), the sheriff must—\n(a) give the child concerned an opportunity to express the child's views in—\n(i) the manner that the child prefers, or\n(ii) a manner that is suitable to the child if the child has not indicated a preference or it would not be reasonable in the circumstances to accommodate the child's preference, and\n(b) have regard to any views expressed by the child, taking into account the child's age and maturity.\n(2A) But the sheriff is not required to comply with subsection (2) if satisfied that—\n(a) the child is not capable of forming a view, or\n(b) the location of the child is not known.\n(2B) The child is to be presumed to be capable of forming a view unless the contrary is shown.”.\n(7) The italic heading preceding section 11 becomes “ Court orders relating to parental responsibilities etc. ”.\n(8) Before section 12, insert as an italic heading “ Exercise of court functions relating to children ”.\n\n2 Proceedings under Adoption and Children (Scotland) Act 2007\n(1) The Adoption and Children (Scotland) Act 2007 is modified as follows.\n(2) In section 14 (considerations applying to the exercise of powers)—\n(a) in subsection (1), for “(4)” substitute “ (4C) ”,\n(b) subsection (4)(b) is repealed,\n(c) after subsection (4) insert—\n“(4A)The court or adoption agency must—\n(a) give the child an opportunity to express the child's views in—\n(i) the manner that the child prefers, or\n(ii) a manner that is suitable to the child if the child has not indicated a preference or it would not be reasonable in the circumstances to accommodate the child's preference, and\n(b) have regard to any views expressed by the child, taking into account the child's age and maturity.\n(4B) But the court or adoption agency is not required to comply with subsection (4A) if satisfied that the child is not capable of forming a view.\n(4C) The child is to be presumed to be capable of forming a view unless the contrary is shown.”,\n(d) in subsection (6), for “(4)” substitute “ (4C) ”,\n(e) subsection (8) is repealed.\n(3) In section 84 (conditions and considerations application to making of order)—\n(a) for subsection (5)(a) substitute—\n“(a)give the child an opportunity to express the child's views in—\n(i) the manner that the child prefers, or\n(ii) a manner that is suitable to the child if the child has not indicated a preference or it would not be reasonable in the circumstances to accommodate the child's preference,”,\n(b) for subsection (5)(b)(i) substitute—\n“(i)any views expressed by the child, taking into account the child's age and maturity,”,\n(c) after subsection (5) insert—\n“(5A)But the court is not required to comply with subsection (5)(a) if satisfied that the child is not capable of forming a view.\n(5B) The child is to be presumed to be capable of forming a view unless the contrary is shown.”,\n(d) subsection (6) is repealed.\n\n3 Proceedings under Children's Hearings (Scotland) Act 2011\n(1) The Children's Hearings (Scotland) Act 2011 is modified as follows.\n(2) In section 27 (views of the child), for subsections (3) and (4) substitute—\n“(3)The children's hearing, pre-hearing panel or the sheriff must—\n(a) give the child an opportunity to express the child's views in—\n(i) the manner that the child prefers, or\n(ii) a manner that is suitable to the child if the child has not indicated a preference or it would not be reasonable in the circumstances to accommodate the child's preference, and\n(b) have regard to any views expressed by the child, taking into account the child's age and maturity.\n(4) But the children's hearing, pre-hearing panel or the sheriff is not required to comply with subsection (3) if satisfied that—\n(a) the child is not capable of forming a view, or\n(b) the location of the child is not known.\n(4A) The child is to be presumed to be capable of forming a view unless the contrary is shown.”.\n\nVulnerable witnesses and parties\nProspective\n\n4 Vulnerable witnesses: prohibition of personal conduct of case\n(1) The Vulnerable Witnesses (Scotland) Act 2004 is modified as follows.\n(2) In section 11 (interpretation of Part 2), in subsection (5), in the definition of “relevant proceedings”, for “of the 2011 Act (other than section 98 or 99)” substitute “ and section 154 of the 2011 Act ”.\n(3) After section 11 insert—\n\n“11ADeemed vulnerable witnesses: relevant proceedings\n(1) In relevant proceedings, the court is to consider a person to be a vulnerable witness if it is alleged in the statement of grounds that the person is the victim of any of the following conduct—\n(a) conduct amounting to—\n(i) an offence mentioned in schedule 1 of the Criminal Procedure (Scotland) Act 1995,\n(ii) an offence under Part 1, 4 or 5 of the Sexual Offences (Scotland) Act 2009,\n(b) domestic abuse,\n(c) being forced into a marriage or civil partnership.\n(2) For the purposes of subsection (1)—\n(a)“the statement of grounds” means the statement of grounds, within the meaning of section 89(3) of the 2011 Act, that—\n(i) gave rise to the relevant proceedings, or (as the case may be)\n(ii) gave rise to the grounds determination which, in turn, gave rise to the relevant proceedings,\n(b) the reference to being forced into a marriage is to be construed in accordance with subsections (4) to (6) of section 1 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011,\n(c) the reference to being forced into a civil partnership is to be construed in accordance with the provisions mentioned in paragraph (b), subject to the references in those provisions to marriage being read as references to civil partnership.\n(3) The Scottish Ministers may by regulations—\n(a) modify the list of conduct in subsection (1) by—\n(i) adding a description of conduct, or\n(ii) modifying or removing a description of conduct added to the list by regulations under this paragraph, and\n(b) make any other modifications to this section that appear to the Scottish Ministers to be necessary or expedient in consequence of provision modifying the list.\n(4) Regulations under subsection (3) are subject to the affirmative procedure.\n\n11BDeemed vulnerable witnesses: proceedings concerning order under section 11(1) of the Children (Scotland) Act 1995\n(1) In proceedings to which subsection (2) applies, the court is to consider a person to whom subsection (3) or (4) applies to be a vulnerable witness.\n(2) This subsection applies to proceedings, other than relevant proceedings, in which the court is considering whether to make an order under section 11(1) of the Children (Scotland) Act 1995.\n(3) This subsection applies to a person if there is in force a non-harassment order, interdict or any similar order or remedy granted by a court prohibiting certain conduct towards the person by a party to the proceedings.\n(4) This subsection applies to a person if—\n(a) a relevant offence has been committed against the person and a party to the proceedings has been convicted of committing it, or\n(b) a party to the proceedings is being prosecuted for committing a relevant offence against the person.\n(5) For the purposes of subsection (4)—\n(a) the following are relevant offences—\n(i) an offence specified in section 288C(2) of the Criminal Procedure (Scotland) Act 1995,\n(ii) an offence specified in section 288DC(1) of that Act,\n(iii) an offence specified in section 288E(3) of that Act,\n(iv) an offence under section 1(1) of the Prohibition of Female Genital Mutilation (Scotland) Act 2005,\n(v) an offence under section 3(1) of that Act,\n(vi) an offence under section 39 of the Criminal Justice and Licensing (Scotland) Act 2010,\n(vii) an offence under section 122(1) of the Anti-social Behaviour, Crime and Policing Act 2014,\n(viii) an offence under section 122(3) of that Act,\n(ix) an offence which, in the opinion of the court, is the equivalent in the law of England and Wales, Northern Ireland or a member State of the European Union to an offence mentioned in any of the preceding sub-paragraphs,\n(b) a person is to be regarded as being prosecuted for committing an offence if—\n(i) a prosecutor has initiated proceedings against the person in respect of the offence, and\n(ii) those proceedings have not yet been dismissed or resulted in the conviction or acquittal of the person in respect of the offence.\n(6) The Scottish Ministers may by regulations—\n(a) modify the list of offences in subsection (5)(a) by—\n(i) adding an offence, or\n(ii) removing, or modifying the description of, an offence added to the list by regulations under this paragraph, and\n(b) may make any other modifications to this section that appear to the Scottish Ministers to be necessary or expedient in consequence of provision modifying the list.\n(7) Regulations under subsection (6) are subject to the affirmative procedure.”.\n(4) In section 12 (orders authorising the use of special measures for vulnerable witnesses), after subsection (3), insert—\n“(3A)The court may not make an order under subsection (1)(b) above in relevant proceedings if it is required by section 22C or 22D to consider the special measure described by section 22B to be the most appropriate for the purpose of taking the child witness's evidence (or one of them if the court considers other special measures to be appropriate too).”.\n(5) After section 22A insert—\n\n“22BProhibition on personal conduct of case\n(1) In proceedings to which subsection (2) applies, the special measures which may be authorised by virtue of section 12 or 13 for the purpose of taking the evidence of a vulnerable witness include prohibiting the parties to the proceedings from conducting their own cases in person.\n(2) The proceedings to which this subsection applies are—\n(a) relevant proceedings, and\n(b) proceedings in which the court is considering whether to make an order under section 11(1) of the Children (Scotland) Act 1995.\n(3) The prohibition may be applied to one or more of the parties or all of them.\n(4) The prohibition does not prevent a party to whom it applies from conducting the party's own case in person until the beginning of the first hearing in the proceedings at, or for the purposes of, which a witness is to give evidence.\n(5) Where the special measure described by subsection (1) is to be used the court must—\n(a) inform the parties to whom the prohibition applies that it applies to them,\n(b) explain to those parties the effect of the prohibition, and\n(c) ascertain whether each party to whom the prohibition applies has a solicitor to conduct the party's case.\n(6) If, at any point in the proceedings, the court—\n(a) ascertains that a party to whom the prohibition applies does not have a solicitor to conduct the party's case, and\n(b) is not satisfied that the party intends to engage a solicitor to do so,\nthe court must appoint a solicitor to conduct the party's case.\n(7) The court may only appoint a solicitor entered on the register established in accordance with section 7 of the Children (Scotland) Act 2020.\n(8) An appointed solicitor—\n(a) is to ascertain and act upon the instructions of the party for whom the solicitor has been appointed to act, or\n(b) in the event that the party gives no instructions, or gives instructions that are inadequate or perverse, is to act in the party's best interests.\n(9) An appointed solicitor—\n(a) may not be dismissed by the party for whom the solicitor has been appointed to act,\n(b) may be relieved from the appointment by the court if the court is satisfied that the solicitor is no longer able to act upon the party's instructions or in the party's best interests.\n(10) In this section, references to a party to proceedings do not include—\n(a) the Principal Reporter,\n(b) a person appointed to act as a curator ad litem in the proceedings,\n(c) a safeguarder for a child in the proceedings appointed under the 2011 Act.\n(11) For the avoidance of doubt, the special measure described by this section is a measure for the purpose of taking the evidence of a vulnerable witness, notwithstanding that the measure affects the conduct of the proceedings more widely.\n\n22CRequirement to prohibit personal conduct of case\n(1) Subsection (2) applies in relevant proceedings where—\n(a) the court is considering what special measure or measures would be most appropriate for the purpose of taking a witness's evidence,\n(b) because of conduct perpetrated or alleged to have been perpetrated by a party to the proceedings, the witness is deemed to be a vulnerable witness by virtue of section 11A, and\n(c) that party intends to examine, or cross-examine, the witness.\n(2) The court is to consider that the most appropriate special measure for the purpose of taking the witness's evidence (or one of them) is prohibiting the party referred to in subsection (1) from conducting the party's own case in person in accordance with section 22B.\n(3) If the court is required—\n(a) by this section to consider the special measure described by section 22B to be the most appropriate for the purpose of taking the witness's evidence, and\n(b) by section 12(3) to consider another special measure to be the most appropriate for the purpose,\nthe court is to consider those measures together to be the most appropriate for the purpose.\n\n22DPresumption that personal conduct of case should be prohibited\n(1) Where a court is considering what special measure or measures would be most appropriate for the purpose of taking a witness's evidence—\n(a) the presumption set out in subsection (2) applies (subject to subsection (4)) in relevant proceedings, and\n(b) the presumption set out in subsection (5) applies (subject to subsection (6)) in any other proceedings in which the court is considering whether to make an order under section 11(1) of the Children (Scotland) Act 1995.\n(2) The presumption referred to in subsection (1)(a) is that prohibiting each party who intends to examine, or cross-examine, the witness from conducting the party's own case in person, in accordance with section 22B, is the most appropriate special measure for the purpose of taking the witness's evidence (or one of them if the court considers other special measures to be appropriate too).\n(3) In subsection (2), “party” does not include a person mentioned in section 22B(10).\n(4) The presumption set out in subsection (2) is rebutted, in relation to a party, if (and only if) the court is satisfied that—\n(a) applying the special measure described by section 22B to the party would, in the circumstances, give rise to a significant risk of prejudice to the fairness of the proceedings or otherwise to the interests of justice, and\n(b) that risk significantly outweighs any risk of prejudice to the interests of the witness if the special measure is not applied to the party.\n(5) The presumption referred to in subsection (1)(b) is that if—\n(a) the witness is deemed to be a vulnerable witness either—\n(i) by virtue of section 11B(3) because an order or remedy granted by a court prohibits certain conduct towards the witness by a party to the proceedings, or\n(ii) by virtue of section 11B(4) because a party to the proceedings committed, or is alleged to have committed, an offence against the witness, and\n(b) the party in question intends to examine, or cross-examine, the witness,\nprohibiting that party from conducting the party's own case in person, in accordance with section 22B, is the most appropriate special measure for the purpose of taking the witness's evidence (or one of them if the court considers other special measures to be appropriate too).\n(6) The presumption set out in subsection (5) is rebutted if (and only if)—\n(a) the court is satisfied that—\n(i) the witness has expressed a wish to give evidence without the benefit of the special measure described by section 22B being applied to the party, and\n(ii) it is appropriate for the witness to do so, or\n(b) the court is satisfied that—\n(i) applying the special measure described by section 22B to the party would, in the circumstances, give rise to a significant risk of prejudice to the fairness of the proceedings or otherwise to the interests of justice, and\n(ii) that risk significantly outweighs any risk of prejudice to the interests of the witness if the special measure is not applied to the party.\n(7) If the court is required—\n(a) by this section to consider the special measure described by section 22B to be the most appropriate for the purpose of taking the witness's evidence, and\n(b) by section 12(3) to consider another special measure to be the most appropriate for the purpose,\nthe court is to consider those measures together to be the most appropriate for the purpose.”.\nProspective\n\n5 Vulnerable witnesses: requirement to consider special measures without application in certain cases\n(1) The Vulnerable Witnesses (Scotland) Act 2004 is modified as follows.\n(2) In section 12 (orders authorising the use of special measures for vulnerable witnesses), after subsection (6) insert—\n“(6A)If the witness is deemed to be a vulnerable witness by virtue of section 11B—\n(a) before the proof or other hearing at which the witness is to give evidence the court must either—\n(i) make an order under subsection (6) authorising the use of a special measure for the purpose of taking the witness's evidence, or\n(ii) make an order that the witness is to give evidence without the benefit of any special measure,\n(b) the court is to do so whether or not a vulnerable witness application is made.”.\nProspective\n\n6 Hearing to ascertain if case involves vulnerable witnesses\n(1) The Children's Hearings (Scotland) Act 2011 is modified as follows.\n(2) After Part 17 insert—\n\n“PART 17A Protection for vulnerable witnesses\n\n176ADuty to ascertain whether vulnerable witnesses to give evidence\n(1) In proceedings under Part 10 or section 154, the court must fulfil the duty specified in subsection (2) at a hearing held before the first hearing in which a person is to give evidence.\n(2) The duty is to ascertain whether—\n(a) any of the parties have cited, or intend to cite, a person who is or may be a vulnerable witness to give evidence at any point during the proceedings, and\n(b) any party who is or may be a vulnerable witness intends to give evidence at any point during the proceedings (without having been cited as a witness by one of the other parties).\n(3) The hearing at which the court fulfils the duty specified in subsection (2)—\n(a) is referred to in this Part as the preliminary hearing,\n(b) need not be a hearing solely for the purpose of fulfilling that duty.\n(4) If—\n(a) the court ascertains at the preliminary hearing that—\n(i) a party has cited, or intends to cite, a witness who the court is satisfied is a vulnerable witness, or\n(ii) a party who the court is satisfied is a vulnerable witness intends to give evidence,\n(b) no child witness notice in respect of that witness has been lodged with the court, and\n(c) no vulnerable witness application in respect of that witness has been made to the court,\nthe court must also ascertain at the preliminary hearing the party's views as to the special measure or measures (if any) that would be most appropriate for the purpose of taking the witness's evidence.\n(5) Where a party is considering for the purposes of subsection (4) which of the special measures is or are the most appropriate for the purpose of taking the evidence of a witness the party has cited, or intends to cite, section 15(2) of the Vulnerable Witnesses Act applies to the party as it would if the party were considering that matter for the purposes of a child witness notice or (as the case may be) a vulnerable witness application.\n\n176BPower to order special measures without child witness notice\n(1) This section applies where—\n(a) at a preliminary hearing, the court ascertains that a party has cited, or intends to cite, a witness who the court is satisfied is a child witness, and\n(b) no child witness notice in respect of that witness has been lodged with the court.\n(2) At the end of the preliminary hearing, the court may make an order in relation to the witness under section 12(1) of the Vulnerable Witnesses Act.\n(3) In making an order by virtue of subsection (2), the court must have regard to any views of the party mentioned in subsection (1) that were ascertained in accordance with section 176A(4).\n(4) If the court makes an order by virtue of subsection (2), the party mentioned in subsection (1) is relieved of the duty under section 12(2) of the Vulnerable Witnesses Act to lodge a child witness notice in respect of the witness in question.\n\n176CPower to order special measures without vulnerable witness application\n(1) This section applies where—\n(a) at a preliminary hearing under section 176A, the court ascertains that a party has cited, or intends to cite, a witness who the court is satisfied—\n(i) is a vulnerable witness, but\n(ii) is not a child witness, and\n(b) no vulnerable witness application has been made to the court in respect of the witness.\n(2) The court may make an order in relation to the witness under section 12(6) of the Vulnerable Witnesses Act, despite the fact that no vulnerable witness application has been made.\n(3) In making an order by virtue of subsection (2), the court must have regard to any views of the party mentioned in subsection (1) that were ascertained in accordance with section 176A(4).\n\n176DInterpretation of Part\nIn this Part—\n  * “child witness” has the meaning given by section 11(1)(a) of the Vulnerable Witnesses Act,\n  * “child witness notice” has the meaning given by section 12(2) of the Vulnerable Witnesses Act,\n  * “preliminary hearing” has the meaning given by section 176A(3),\n  * “vulnerable witness” means a person who is a vulnerable witness for the purposes of the Vulnerable Witnesses Act (including any person deemed to be a vulnerable witness by virtue of section 11A of that Act),\n  * “vulnerable witness application” has the meaning given by section 12(6)(a) of the Vulnerable Witnesses Act,\n  * “the Vulnerable Witnesses Act” means the Vulnerable Witnesses (Scotland) Act 2004.”.\n\n7 Register of solicitors for section 22B of the Vulnerable Witnesses (Scotland) Act 2004\n(1) The Scottish Ministers must—\n(a) establish, and\n(b)(subject to provision made under subsection (2)(c)) maintain,\na register of solicitors who may be appointed by a court under section 22B(6) of the Vulnerable Witnesses (Scotland) Act 2004.\n(2) The Scottish Ministers, by regulations—\n(a) must—\n(i) specify the requirements that a person must satisfy in order to be included, and remain, on the register (which may include requirements as to training and qualifications),\n(ii) set out the processes for including a person on, and removing a person from, the register (including appeal rights),\n(b) may provide for the remuneration by the Scottish Ministers of solicitors appointed under section 22B(6) of the Vulnerable Witnesses (Scotland) Act 2004, including expenses and outlays (such as counsel's fees),\n(c) may—\n(i) confer the duty of maintaining the register on a person, and\n(ii) make such modifications to other enactments as the Scottish Ministers consider appropriate for the purposes of, or in connection with, or for giving full effect to provision made by virtue of sub-paragraph (i).\n(3) Before making regulations under subsection (2), the Scottish Ministers must consult—\n(a) the Faculty of Advocates, and\n(b) the Law Society of Scotland.\n(4) Regulations under subsection (2)—\n(a) are subject to the affirmative procedure if, by virtue of paragraph (c)(ii) of that subsection, they add to, replace or omit any part of the text of an Act, but\n(b) otherwise are subject to the negative procedure.\nProspective\n\n8 Vulnerable parties\n(1) The Children (Scotland) Act 1995 is modified as follows.\n(2) After section 11A insert—\n\n“11BVulnerable parties\n(1) In proceedings to which subsection (2) applies—\n(a) in relation to a party whom the court would be required by section 11B of the Vulnerable Witnesses (Scotland) Act 2004 to consider a vulnerable witness if the party were to give evidence in or for the purposes of the proceedings, the court must—\n(i) order the use of any special measure that the party requests,\n(ii) order the use of a special measure that the court considers appropriate and, if the party requested a different special measure, give reasons for not ordering its use, or\n(iii) give reasons for not ordering the use of any special measure,\n(b) in relation to any other party, the court may order the use of a special measure if the court considers that—\n(i) attending or participating in hearings is causing, or is likely to cause, the party distress,\n(ii) the party's distress is likely to be reduced by the use of the special measure, and\n(iii) the use of the special measure would not give rise to a significant risk of prejudice to the fairness of the proceedings or otherwise to the interests of justice.\n(2) This subsection applies to proceedings, commenced on or after section 8 of the Children (Scotland) Act 2020 comes into force, in which the court is considering, or has considered, whether to make an order under section 11(1).\n(3) An order under subsection (1) may authorise a special measure in relation to the whole of the proceedings or only a part of them.\n(4) A court may vary or revoke an order it made under subsection (1).\n(5) An order under subsection (1) or (4) may be made—\n(a) at any time, and\n(b) whether or not a party to the proceedings has applied for one.\n(6) The special measures which may be authorised by virtue of an order under subsection (1) or (4) are—\n(a) use of a live television link,\n(b) use of a screen,\n(c) use of a supporter,\n(d) any other measure prescribed by the Scottish Ministers by regulations.\n(7) Regulations under subsection (6)(d) are subject to the affirmative procedure.\n(8) In considering whether attending or participating in hearings is causing, or is likely to cause, a person distress, the court must take into account—\n(a) the nature and circumstances of any matters raised, or likely to be raised, in the proceedings,\n(b) the relationship (if any) between the person and any other party to the proceedings,\n(c) the person's age and maturity,\n(d) any behaviour towards the person on the part of—\n(i) any other party to the proceedings,\n(ii) members of the family or associates of any other party,\n(iii) any other person who is likely to be a party to the proceedings or a witness in the proceedings, and\n(e) such other matters as appear to the court to be relevant, including—\n(i) the social and cultural background and ethnic origins of the person,\n(ii) the person's sexual orientation,\n(iii) the domestic and employment circumstances of the person,\n(iv) any religious beliefs or political opinions of the person,\n(v) any physical disability or other physical impairment which the person has.\n\n11CSpecial measures under section 11B\n(1) If a court orders the use of a live television link, the court must make such arrangements as seem to it appropriate to enable the vulnerable party to watch and hear the proceedings by means of such a link.\n(2) If a court orders the use of a screen, a screen must be used to conceal the vulnerable party from the sight of the other parties to the proceedings.\n(3) If a court—\n(a) orders the use of—\n(i) a live television link, or\n(ii) a screen, and\n(b) considers it necessary or appropriate for the other parties to be able, during the proceedings, to—\n(i) hear the vulnerable party,\n(ii) watch the vulnerable party, or\n(iii) both,\nthe court must make such arrangements as seem to it appropriate to enable the other parties to do so.\n(4) Where—\n(a) a court has ordered the use of a live television link or a screen in proceedings in a sheriff court, but\n(b) the court lacks accommodation or equipment necessary to enable the measure to be used,\nthe sheriff may by order transfer all or any part of the proceedings to any sheriff court in the same sheriffdom which has such accommodation or equipment available.\n(5) If a court orders the use of a supporter, another person (“the supporter”) nominated by or on behalf of the vulnerable party may be present alongside the vulnerable party for the purpose of providing support during the proceedings.\n(6) The supporter—\n(a) must not prompt or otherwise seek to influence the vulnerable party in the course of a hearing,\n(b) may not act as the supporter, within the meaning of subsection (5), while the vulnerable party is giving evidence,\n(c) may not act as the supporter, if the supporter is to give evidence in the proceedings, at any time before giving evidence.\n(7) Subsection (6)(b) does not preclude the same person from being both—\n(a) a supporter within the meaning of subsection (5), and\n(b) a supporter within the meaning of section 22 of the Vulnerable Witnesses (Scotland) Act 2004.\n(8) In this section—\n(a) references to a measure being ordered are to its being ordered under section 11B,\n(b)“vulnerable party” means the party for whose benefit the court ordered the use of the measure in question.”.\n\nRegister for child welfare reporters\n\n9 Establishment of register\n(1) The Children (Scotland) Act 1995 is modified as follows.\n(2) After section 101 insert—\n\n“101ARegister for child welfare reporters\n(1) A court may only appoint as a child welfare reporter a person who is included on the register maintained in accordance with subsection (2).\n(2) The Scottish Ministers must establish and maintain a register of persons who may be appointed to act as a child welfare reporter.\n(3) The Scottish Ministers may by regulations make provision for or in connection with—\n(a) the requirements that a person must satisfy in order to be included, and remain, on the register (including requirements as to training and qualifications),\n(b) the processes for including a person on, and removing a person from, the register (including appeal rights),\n(c) the process for how, and by whom, a registered person is to be selected as the appointed child welfare reporter in a case,\n(d) the remuneration by the Scottish Ministers of child welfare reporters, including expenses and outlays,\n(e) the operation and management of the register.\n(4) Before making, revising or revoking regulations under subsection (3), the Scottish Ministers must consult persons with lived experience of—\n(a) domestic abuse,\n(b) court-ordered contact.\n(5) Regulations under subsection (3) are subject to the negative procedure.”.\n\nContact\n\n10 Regulation of provision of contact services\n(1) The Children (Scotland) Act 1995 is modified as follows.\n(2) In section 11 (court orders relating to parental responsibilities etc.)—\n(a) in subsection (2)(d), at end insert “ (see subsection (14)) ”,\n(b) after subsection (13) insert—\n“(14)Where the court makes a contact order which requires any contact to take place within Scotland at a contact centre, the court may only require that contact to take place through a regulated contact service as defined in section 101C.”.\n(3) After section 101B (which is inserted by section 17(3) of this Act) insert—\n\n“101CContact services: regulation\n(1) The Scottish Ministers may by regulations make provision about the regulation of a contact service provided in relation to the requirements of a contact order.\n(2) Regulations under subsection (1) may in particular—\n(a) make provision for the minimum standards to be met by contact service providers, including qualifications and training of staff,\n(b) make provision for the registration of contact service providers that meet those minimum standards and, for those that do not, the refusal of registration or removal from the register (including appeal rights),\n(c) make provision for minimum standards to be met by contact centres (including standards in respect of accommodation),\n(d) make provision for the registration of contact centres that meet those minimum standards and, for those that do not, the refusal of registration or removal from the register (including appeal rights),\n(e) make provision about the conditions on which a regulated contact service provider may, in accordance with the regulations, provide a contact service at a place that is not registered as a contact centre (including conditions about the minimum standards for accommodation at a place if it is to be used for that purpose),\n(f) appoint a person or persons for the purposes of administering the registration of contact service providers and contact centres,\n(g) confer functions on the appointed person or persons,\n(h) determine the fees payable in connection with the registration of a contact service provider or contact centre.\n(3) Functions conferred by virtue of subsection (2)(g) may include—\n(a) inspecting contact centres, regulated contact service providers and contact service providers applying for registration,\n(b) having risk assessments of contact centres undertaken by persons trained in undertaking such assessments,\n(c) issuing reports on the inspection of contact centres, regulated contact service providers and contact service providers applying for registration,\n(d) issuing reports on any failure, or possible failure, by a contact service provider to comply with the provider's duties under the Equality Act 2010, and in particular any duty to make reasonable adjustments to premises in order to facilitate their use by disabled people,\n(e) refusing to register contact service providers and contact centres, and removing from a register regulated contact service providers and contact centres, that do not meet the minimum standards.\n(4) Regulations under subsection (1)—\n(a) may make such modifications to other enactments as the Scottish Ministers consider appropriate for the purposes of, or in connection with, or for giving full effect to the regulations,\n(b) are subject to the affirmative procedure.\n(5) In this section—\n  * “contact centre” means a place that is used for the provision of a contact service,\n  * “contact service” means the facilitation of contact between a child and a person with whom the child is not, or will not be, living (including the handover of the child to that person),\n  * “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament,\n  * “regulated contact service” means a contact service that—\n    (a) is provided by a regulated contact service provider, and\n    (b) is either—\n    (i) provided at a place that is registered as a contact centre in accordance with regulations under subsection (1), or\n    (ii) provided in circumstances in which the provider may, in accordance with regulations under subsection (1), provide the service at a place that is not registered as a contact centre,\n  * “regulated contact service provider” means an organisation that is registered in accordance with regulations under subsection (1) to provide contact services.”.\nProspective\n\n11 Referrals by solicitors to contact services\n(1) The Children (Scotland) Act 1995 is modified as follows.\n(2) After section 101C (which is inserted by section 10(3) of this Act) insert—\n\n“101DContact services: referrals by solicitors\n(1) A solicitor must not—\n(a) refer a person to a contact service that is not a regulated contact service, or\n(b) allow another person to do so on the solicitor's behalf.\n(2) If a solicitor fails to comply with subsection (1), that failure may be treated as professional misconduct or unsatisfactory professional conduct.\n(3) In this section, “contact service” and “regulated contact service” have the meanings given in section 101C(5).”.\nProspective\n\n12 Arrangements for contact services\n(1) The Children (Scotland) Act 1995 is modified as follows.\n(2) After section 101D (which is inserted by section 11(2) of this Act) insert—\n\n“101EContact services: arrangements by Scottish Ministers\nThe Scottish Ministers may enter into an arrangement with a person for the provision of services to facilitate contact between children and other individuals.”.\n\n13 Promotion of contact between looked after children and siblings\n(1) The Children (Scotland) Act 1995 is modified as follows.\n(2) In section 17 (duty of local authority to child looked after by them)—\n(a) in subsection (1)—\n(i) the “and” following paragraph (b) is repealed,\n(ii) after paragraph (c) insert “; and\n(d) take such steps to promote, on a regular basis, personal relations and direct contact between the child and any person mentioned in subsection (1A) as appear to them to be appropriate having regard to their duty to the child under paragraph (a).”,\n(b) after subsection (1) insert—\n“(1A)The persons referred to in subsection (1)(d) are—\n(a) a sibling of the child, and\n(b) any other person with whom the child has lived and with whom the child has an ongoing relationship with the character of a relationship between siblings.\n(1B) For the purposes of subsection (1A), two people are siblings if they have at least one parent in common.”,\n(c) in subsection (3)—\n(i) the “and” following paragraph (c) is repealed,\n(ii) after paragraph (c) insert—\n“(ca)any person mentioned in subsection (1A); and”.\n\n14 Duty to consider contact when making etc. compulsory supervision order\n(1) The Children's Hearings (Scotland) Act 2011 is modified as follows.\n(2) In section 29A (duty to consider including contact direction), after subsection (2), insert—\n“(3)In considering whether to include a measure of the type mentioned in section 83(2)(g), the children's hearing or, as the case may be, the sheriff must in particular consider the inclusion of a measure regulating contact between the child and any person mentioned in subsection (4) with whom the child does not reside.\n(4) The persons referred to in subsection (3) are—\n(a) a relevant person in relation to the child,\n(b) a sibling of the child,\n(c) any other person with whom the child has resided and with whom the child has an ongoing relationship with the character of a relationship between siblings.\n(5) For the purposes of subsection (4), two people are siblings if they have at least one parent in common.”.\n\nFurther provision about orders under section 11(1) of the Children (Scotland) Act 1995\n\n15 Clarification of order-making power\n(1) The Children (Scotland) Act 1995 is modified as follows.\n(2) In section 11 (court orders relating to parental responsibilities etc.), after subsection (2) insert—\n“(2A)An order doing any of the things mentioned in subsection (2) is to be regarded as an order in relation to at least one of the matters mentioned in subsection (1).”.\nProspective\n\n16 Factors to be considered before making order\n(1) The Children (Scotland) Act 1995 is amended as follows.\n(2) In section 11ZA (paramountcy of child's welfare, and the non-intervention presumption) (which is inserted by section 1(4) of this Act), in subsection (3) after paragraph (e) insert—\n“(f)the effect that the order the court is deciding whether or not to make might have on—\n(i) the involvement of the child's parents in bringing the child up, and\n(ii) the child's important relationships with other people.”.\n\n17 Curators ad litem\n(1) The Children (Scotland) Act 1995 is modified as follows.\n(2) After section 11C (which is inserted by section 8(2) of this Act) insert—\n\n“11DAppointment of curator ad litem\n(1) Where a court is considering making an order under section 11(1), the court—\n(a) may only appoint a person to act as curator ad litem to a child if the court is satisfied that it is necessary to do so to protect the child's interests,\n(b) may only appoint a person who is included on the register maintained in accordance with section 101B,\n(c) is to give reasons for the appointment.\n(2) Where, in the course of considering making an order under section 11(1), a court has appointed a curator ad litem, the court must—\n(a) decide whether to continue the appointment every 6 months, and\n(b) if it decides to continue the appointment, give reasons for the decision.\n(3) Subsection (2) does not apply in relation to a curator ad litem appointed before section 17 of the Children (Scotland) Act 2020 comes into force.”.\n(3) After section 101A (which is inserted by section 9(2) of this Act) insert—\n\n“101BRegister of curators ad litem for the purposes of section 11D\n(1) The Scottish Ministers must establish and maintain a register of persons who may be appointed to act as a curator ad litem in accordance with section 11D.\n(2) The Scottish Ministers may by regulations make provision for or in connection with—\n(a) the requirements that a person must satisfy in order to be included, and remain, on the register (including requirements as to training and qualifications),\n(b) the processes for including a person on, and removing a person from, the register (including appeal rights),\n(c) the process for how, and by whom, a registered person is to be selected as the appointed curator ad litem in a case,\n(d) the remuneration by the Scottish Ministers of curators ad litem appointed in accordance with section 11D, including expenses and outlays (such as counsel's fees),\n(e) the operation and management of the register.\n(3) Regulations under subsection (2) are subject to the negative procedure.”.\nProspective\n\n18 Duty to consider child's best interests when allowing access to information\n(1) The Children (Scotland) Act 1995 is modified as follows.\n(2) After section 11D (which is inserted by section 17(2) of this Act) insert—\n\n“11EDuty to consider child's best interests when allowing access to information\n(1) Where the court—\n(a) is considering making an order under section 11(1), and\n(b) has to decide whether a person should have access to anything in which private information about a child is recorded,\nin making that decision it must comply with subsections (2) and (3) in relation to that child.\n(2) The court must regard the best interests of the child as a primary consideration.\n(3) The court must—\n(a) give the child an opportunity to express the child's views in—\n(i) the manner that the child prefers, or\n(ii) a manner that is suitable to the child if the child has not indicated a preference or it would not be reasonable in the circumstances to accommodate the child's preference, and\n(b) have regard to any views expressed by the child, taking into account the child's age and maturity.\n(4) But the court is not required to comply with subsection (3) if satisfied that—\n(a) the child is not capable of forming a view, or\n(b) the location of the child is not known.\n(5) The child is to be presumed to be capable of forming a view unless the contrary is shown.\n(6) In this section, “private information” means information in which the child could have a reasonable expectation of privacy.”.\nProspective\n\n19 Local authority reporters\n(1) The Matrimonial Proceedings (Children) Act 1958 is modified as follows.\n(2) In section 11 (reports as to arrangements for future care and upbringing of children), after subsection (1A) insert—\n“(1B)Where—\n(a) the court is considering whether to make an order under section 11(1) of the Children (Scotland) Act 1995, and\n(b) a local authority is appointed under subsection (1) to investigate and report to the court,\nthe person that the local authority assigns to perform that task on its behalf must be a child welfare reporter.\n(1C) In subsection (1B), “a child welfare reporter” means a person included on the register maintained in accordance with section 101A of the Children (Scotland) Act 1995.”.\nProspective\n\n20 Explanation of decisions to the child\n(1) The Children (Scotland) Act 1995 is modified as follows.\n(2) After section 11E (which is inserted by section 18(2) of this Act) insert—\n\n“11FExplanation of court decisions to the child\n(1) This section applies when—\n(a) the court decides whether or not to make an order under section 11(1),\n(b) the court decides to vary or discharge an order made under section 11(1),\n(c) the court—\n(i) decides to decline to vary or discharge an order made under section 11(1), and\n(ii) considers it appropriate to explain that decision to the child concerned.\n(2) The court must ensure that the decision is explained to the child concerned in a way that the child can understand.\n(3) But the court is not required to comply with subsection (2) if satisfied that—\n(a) the child would not be capable of understanding an explanation however given,\n(b) it is not in the best interests of the child to give an explanation, or\n(c) the location of the child is not known.\n(4) The court may fulfil its duty under subsection (2) by—\n(a) giving the explanation to the child itself, or\n(b) arranging for it to be given by a child welfare reporter (see section 101A).\n(5) In this section, references to a decision include an interim decision.\n(6) The Scottish Ministers may by regulations modify subsection (4)(b) to—\n(a) add a description of a person,\n(b) vary a description of a person,\n(c) remove a description of a person.\n(7) Regulations under subsection (6) are subject to the affirmative procedure.”.\nProspective\n\n21 Duty to ensure availability of child advocacy services\n(1) The Children (Scotland) Act 1995 is modified as follows.\n(2) After section 100 insert—\n\n“100ADuty to ensure availability of child advocacy services\n(1) The Scottish Ministers must make such provision as they consider necessary and sufficient to ensure that all children concerned in relevant proceedings have access to appropriate child advocacy services.\n(2) In this section—\n  * “child advocacy services” means services of support and representation provided for the purposes of assisting a child in relation to the child's involvement in relevant proceedings,\n  * “relevant proceedings” means proceedings in which the court is considering making an order under section 11(1).”.\nProspective\n\n22 Failure to obey order\n(1) The Children (Scotland) Act 1995 is modified as follows.\n(2) After section 11F (which is inserted by section 20(2) of this Act) insert—\n\n“11GDuty to investigate failure to obey order under section 11\n(1) This section applies where a court is considering whether to—\n(a) find a person in contempt of court for failing to obey an order under section 11, or\n(b) vary or discharge an order under section 11 on the basis (solely or partly) that a person has failed to obey it.\n(2) If it is satisfied that the person has failed to obey the order, the court must—\n(a) seek to establish the reasons for that failure, and\n(b) in so doing—\n(i) give the child concerned an opportunity to express the child's views in—\n(A) the manner that the child prefers, or\n(B) a manner that is suitable to the child if the child has not indicated a preference or it would not be reasonable in the circumstances to accommodate the child's preference, and\n(ii) have regard to any views expressed by the child, taking into account the child's age and maturity.\n(3) But the court is not required to comply with subsection (2)(b) if satisfied that—\n(a) the child is not capable of forming a view, or\n(b) the location of the child is not known.\n(4) The child is to be presumed to be capable of forming a view unless the contrary is shown.\n(5) The court may appoint a child welfare reporter to investigate and report to the court on the person's failure (or alleged failure) to obey the order (see section 101A).\n(6) References in this section to an order include an interim order.\n(7) The Scottish Ministers may by regulations modify subsection (5) to—\n(a) add a description of person,\n(b) vary a description of person,\n(c) remove a description of person.\n(8) Regulations under subsection (7) are subject to the affirmative procedure.”.\n\nAlternative dispute resolution\n\n23 Funding for alternative dispute resolution\n(1) The Scottish Ministers must—\n(a) set up a scheme to make assistance available so that individuals can meet the costs of alternative dispute resolution procedures in relation to a dispute of the kind described in subsection (2), or\n(b) arrange for assistance to be made available from the Scottish Legal Aid Fund so that individuals can meet those costs.\n(2) The kind of dispute referred to in subsection (1) is a dispute that—\n(a) is about any of the matters mentioned in section 11(1) of the Children (Scotland) Act 1995, and\n(b) either—\n(i) has resulted in an order being sought under that section, or\n(ii) is likely to do so if it is not resolved through an alternative dispute resolution procedure.\n(3) Entitlement to the assistance that is to be made available by virtue of subsection (1) may be made to depend on an individual satisfying any eligibility conditions that the Scottish Ministers consider appropriate.\n(4) But any eligibility conditions relating to an individual's financial circumstances may not render an individual ineligible for assistance if the individual's circumstances are such that the individual could not be refused civil legal aid under section 15 of the Legal Aid (Scotland) Act 1986.\n(5) Any scheme set up, or arrangement made, in accordance with subsection (1), must be framed so that assistance under it is only available to meet the costs of alternative dispute resolution procedures that ensure regard is had to children's views to at least the same extent as a court would be required to have regard to them by section 11ZB of the Children (Scotland) Act 1995.\n(6) Having fulfilled their duty under subsection (1), the Scottish Ministers must lay before the Scottish Parliament a statement explaining how they have done so.\n(7) If, at the end of a period described by subsection (8), the Scottish Ministers have not fulfilled their duty under subsection (1), they must lay before the Scottish Parliament a statement explaining why not and stating when they expect to fulfil it.\n(8) For the purposes of subsection (7)—\n(a) the first period begins on Royal Assent,\n(b) after that, a new period begins with the last day of the previous period,\n(c) each period ends with the day falling 6 months after it began,\n(d) if the previous period ended on the 29th, 30th or 31st of a month and the month falling 6 months later has no such day, the period ends on the last day of that month.\n(9) The Scottish Ministers may by regulations make any provision that they consider necessary or appropriate for the purpose of fulfilling their duty under subsection (1).\n(10) Regulations under subsection (9) may—\n(a) make different provision for different purposes or areas,\n(b) modify any enactment.\n(11) Regulations under subsection (9) are subject to the affirmative procedure.\n\n24 Pilot scheme for mandatory alternative dispute resolution meetings\n(1) The Scottish Ministers must arrange a pilot scheme under which a court, in proceedings to which the scheme applies, may only make an order under section 11(1) of the Children (Scotland) Act 1995—\n(a) where the parties to the proceedings have attended a meeting at which the options available to resolve the dispute giving rise to the proceedings are explained, or\n(b) if the terms of the scheme allow, where the court has decided on cause shown that it would not be appropriate to require the parties to attend such a meeting.\n(2) The terms of the pilot scheme are to be determined by the Scottish Ministers, but the scheme—\n(a) must be time limited, and\n(b) must not apply to proceedings in which there is a proven or alleged history of abuse between some or all of the parties.\n(3) Having fulfilled their duty under subsection (1), the Scottish Ministers must lay before the Scottish Parliament a statement—\n(a) describing the pilot scheme,\n(b) if the application of the scheme is subject to exceptions (other than an exception required by subsection (2)(b)), an explanation of why the Scottish Ministers consider those exceptions to be appropriate, and\n(c) how the Scottish Ministers intend to evaluate—\n(i) the scheme's outcomes for—\n(A) the children in respect of whom the making of an order under section 11(1) of the Children (Scotland) Act 1995 was considered in proceedings to which the scheme applies,\n(B) the parties to proceedings to which the scheme applies, and\n(ii) where the scheme has led to a dispute being resolved without an order under section 11(1) of the Children (Scotland) Act 1995 being made, whether regard was had to the child's views in the resolution of the dispute to at least the same extent as a court would have had regard to the child's views when making such an order.\n(4) If, at the end of a period described by subsection (5), the Scottish Ministers have not fulfilled their duty under subsection (1), they must lay before the Scottish Parliament a statement explaining why not and stating when they expect to fulfil it.\n(5) For the purposes of subsection (4)—\n(a) the first period begins on Royal Assent,\n(b) after that, a new period begins with the last day of the previous period,\n(c) each period ends with the day falling 6 months after it began,\n(d) if the previous period ended on the 29th, 30th or 31st of a month and the month falling 6 months later has no such day, the period ends on the last day of that month.\n(6) The Scottish Ministers may by regulations make any provision that they consider necessary or appropriate for the purpose of fulfilling their duty under subsection (1).\n(7) Regulations under subsection (6) may—\n(a) make different provision for different purposes or areas,\n(b) modify any enactment.\n(8) Regulations under subsection (6) are subject to the affirmative procedure.\n(9) As soon as practicable after the pilot scheme ends, the Scottish Ministers must lay before the Scottish Parliament a report setting out—\n(a) their findings about—\n(i) the scheme's outcomes for the persons mentioned in subsection (3)(c)(i),\n(ii) whether, in cases where the scheme has led to a dispute being resolved without an order under section 11(1) of the Children (Scotland) Act 1995 being made, regard was had to children's views in the resolution of those disputes to at least the same extent as a court would have had regard to their views when making such an order, and\n(b) what (if anything) they intend to do in light of those findings.\n\nChildren's hearings\n\n25 Opportunity to participate in hearing\n(1) The Children's Hearings (Scotland) Act 2011 is modified as follows.\n(2) In section 79 (referral of certain matters for pre-hearing determination)—\n(a) after subsection (2)(b) insert—\n“(ba)must, if requested to do so by an individual, refer for determination by a pre-hearing panel the matter of whether the individual meets the criteria specified in rules under section 177 to be afforded the rights mentioned in subsection (5ZA) in relation to the children's hearing,\n(bb) must refer for determination by a pre-hearing panel the matter of whether subsection (2) of section 132A applies to an individual if—\n(i) the individual has requested a review of a compulsory supervision order under that section, and\n(ii) the Principal Reporter is not satisfied that the subsection applies to the individual.”,\n(b) after subsection (4) insert—\n“(5ZA)The rights referred to in subsection (2)(ba) are the following rights, as provided for in rules under section 177 and subject to such conditions and limitations as the rules specify—\n(a) the right to be notified of the hearing,\n(b) the right to provide a report or other document to the hearing,\n(c) the right to be provided with documents specified in the rules,\n(d) authorisation to attend the hearing,\n(e) the right to be represented at the hearing.”.\n(3) After section 81A insert—\n\n“81BDetermination of claim that opportunity to participate not afforded\n(1) Subsection (2) applies where the Principal Reporter has referred to a meeting of a pre-hearing panel the matter of whether subsection (2) of section 132A applies to an individual, or individuals, who have requested a review of a compulsory supervision order under that section.\n(2) The pre-hearing panel must discharge the children's hearing that is to be arranged as a result of the request if—\n(a) there is no reason for the children's hearing to be arranged besides the request from the individual, or individuals, in question, and\n(b) the pre-hearing panel determines—\n(i) that section 132A(2) does not apply to the individual, or\n(ii) where its application to more than one individual is in question, that it applies to none of them.”.\n(4) In section 132 (right of child or relevant person to require review)—\n(a) after subsection (3) insert—\n“(3A)An individual who is entitled to do so by subsection (6) may by giving notice to the Principal Reporter require a review of the order.”,\n(b) after subsection (5) insert—\n“(6)An individual is entitled to require a review under subsection (3A) if—\n(a) the Principal Reporter was satisfied at the relevant time, or\n(b) a pre-hearing panel or children's hearing determined,\nthat the individual met the criteria to be afforded an opportunity to participate in relation to the children's hearing that most recently made a decision in respect of the order (whether that was a decision to make, vary or continue it).\n(7) Where a children's hearing is arranged as a result (solely or partly) of an individual requiring a review under subsection (3A), the individual is to be treated as an individual whom a pre-hearing panel has determined meets the criteria to be afforded an opportunity to participate in relation to the children's hearing.\n(8) For the purposes of subsections (6) and (7)—\n(a)“the criteria to be afforded an opportunity to participate” means the criteria specified in rules under section 177 to be afforded the rights mentioned in section 79(5ZA) in relation to a children's hearing,\n(b)“the relevant time” means—\n(i) the time when the children's hearing referred to in subsection (6) began, or\n(ii) if more than one children's hearing is to be regarded as a single children's hearing by virtue of paragraph (c), the time when any one of them began,\n(c) if the children's hearing that most recently made a decision in respect of the order was a subsequent children's hearing arranged as a result of an earlier children's hearing deferring making a decision, they are to be regarded as a single children's hearing.”,\n(c) the title of the section becomes “ Right to require review: child, relevant person and person afforded opportunity to participate ”.\n(5) After section 132 insert—\n\n“132ARight of person not afforded opportunity to participate to require review\n(1) The Principal Reporter must initiate a review of a compulsory supervision order in relation to a child if requested to do so by an individual who claims to be an individual to whom subsection (2) applies.\n(2) This subsection applies to an individual if—\n(a) the individual did not attend the children's hearing that most recently made a decision in respect of the order (whether that was a decision to make, vary or continue it), and\n(b) either—\n(i) the conditions in subsection (3) are met, or\n(ii) the conditions in subsection (4) are met.\n(3) The conditions referred to in subsection (2)(b)(i) are—\n(a) neither a pre-hearing panel nor a children's hearing made a determination about whether the individual met the criteria to be afforded an opportunity to participate in relation to the children's hearing referred to in subsection (2)(a),\n(b) it is more likely than not that had a pre-hearing panel or children's hearing made a determination about that matter at the relevant time, it would have determined that the individual met those criteria in relation to the children's hearing, and\n(c) the individual was not afforded the rights mentioned in section 79(5ZA) in relation to the children's hearing as the Principal Reporter either did not consider whether, or was not satisfied that, the individual met those criteria in relation to the children's hearing.\n(4) The conditions referred to in subsection (2)(b)(ii) are—\n(a) the Principal Reporter was satisfied at the relevant time, or a pre-hearing panel or children's hearing determined, that the individual met the criteria to be afforded an opportunity to participate in relation to the children's hearing referred to in subsection (2)(a), and\n(b) the individual was not able to participate properly in the children's hearing's decision making as a result of—\n(i) a material failure to treat the individual, or any representative of the individual, in accordance with the rules, or\n(ii) exceptional circumstances.\n(5) For the purposes of this section—\n(a)“the criteria to be afforded an opportunity to participate” means the criteria specified in the rules to be afforded the rights mentioned in section 79(5ZA) in relation to a children's hearing,\n(b)“the relevant time” means—\n(i) the time when the children's hearing referred to in subsection (2)(a) began, or\n(ii) if more than one children's hearing is to be regarded as a single children's hearing by virtue of paragraph (d), the time when any one of them began,\n(c)“the rules” means rules under section 177,\n(d) if the children's hearing referred to in subsection (2)(a) was a subsequent children's hearing arranged as a result of an earlier children's hearing deferring making a decision, they are to be regarded as a single children's hearing.”.\n\n26 Appeal against relevant person decision\n(1) The Children's Hearings (Scotland) Act 2011 is modified by subsections (2) and (3).\n(2) In section 160 (appeal to sheriff against relevant person determination) in subsection (4) for paragraph (b) substitute—\n“(b)where the determination is of one of the following kinds, make an order deeming the individual to be a relevant person in relation to the child—\n(i) a determination of a pre-hearing panel or children's hearing under section 81 that the individual is not to be deemed a relevant person in relation to the child,\n(ii) a determination of a pre-hearing panel or children's hearing under section 81A that the person is no longer to be deemed a relevant person in relation to the child.”.\n(3) In section 164 (which provides for an appeal against a sheriff's relevant person decision)—\n(a) in subsection (1), for the words from “a determination” to the end substitute “—\n(a) a decision of the sheriff in an appeal against a determination of a pre-hearing panel or children's hearing that an individual—\n(i) is or is not to be deemed a relevant person in relation to a child,\n(ii) is to continue to be deemed, or is no longer to be deemed, a relevant person in relation to a child,\n(b) a decision of the sheriff in an appeal against a determination of a review under section 142(2) that an individual is to continue to be deemed, or is no longer to be deemed, a relevant person in relation to a child.”,\n(b) in subsection (3), after paragraph (d) insert—\n“(e)the Principal Reporter.”,\n(c) after subsection (3) insert—\n“(3A)Despite subsection (1), the Principal Reporter may not appeal against a decision by the sheriff confirming a determination of a children's hearing.”.\n(4) The Legal Aid (Scotland) Act 1986 is modified by subsection (5).\n(5) In section 28F (availability of children's legal aid: appeals relating to deemed relevant person)—\n(a) in subsection (1)(d)(i), after “not to be deemed” insert “ , or is no longer to be deemed, ”,\n(b) in subsection (1)(d)(ii), after “to be deemed” insert “ , or is to continue to be deemed, ”,\n(c) in subsection (1)(e), after “not to be deemed” insert “ , or is no longer to be deemed, ”.\nProspective\n\n27 Appeals to Sheriff Appeal Court and Court of Session\n(1) The Children's Hearings (Scotland) Act 2011 is modified as follows.\n(2) The italic heading preceding section 163 becomes “ Appeals to Sheriff Appeal Court and Court of Session ”.\n(3) In section 163 (appeals to sheriff principal and Court of Session: children's hearings etc.)—\n(a) in subsection (1), for “sheriff principal or the Court of Session” substitute “ Sheriff Appeal Court ”,\n(b) for subsection (2) substitute—\n“(2)A person mentioned in subsection (3) may appeal to the Court of Session against a Sheriff Appeal Court's decision in an appeal under subsection (1) only—\n(a) with the permission of the Sheriff Appeal Court, or\n(b) if that Court has refused permission, with the permission of the Court of Session.\n(2A) The Sheriff Appeal Court or the Court of Session may grant permission under subsection (2) only if the Court considers that—\n(a) the appeal would raise an important point of principle or practice, or\n(b) there is some other compelling reason for the Court of Session to hear the appeal.\n(2B) The Sheriff Appeal Court's decision in an appeal under subsection (1) may not be appealed against under section 113 of the Courts Reform (Scotland) Act 2014.”,\n(c) in subsection (4)(b), for “sheriff principal's” substitute “Sheriff Appeal Court's”,\n(d) in subsection (6)(b), for “sheriff principal's” substitute “Sheriff Appeal Court's”,\n(e) in subsection (10), for “sheriff principal or the Court of Session” substitute “ Sheriff Appeal Court ”,\n(f) in subsection (11) the words “(1) or” are repealed,\n(g) the section's title becomes “ Appeals to Sheriff Appeal Court and Court of Session: children's hearings etc. ”.\n(4) In section 164 (appeals to sheriff principal and Court of Session: relevant persons)—\n(a) in subsection (1), for “sheriff principal or the Court of Session” substitute “ Sheriff Appeal Court ”,\n(b) for subsection (2) substitute—\n“(2)A person mentioned in subsection (3) may appeal to the Court of Session against a Sheriff Appeal Court's decision in an appeal under subsection (1) only—\n(a) with the permission of the Sheriff Appeal Court, or\n(b) if that Court has refused permission, with the permission of the Court of Session.\n(2A) The Sheriff Appeal Court or the Court of Session may grant permission under subsection (2) only if the Court considers that—\n(a) the appeal would raise an important point of principle or practice, or\n(b) there is some other compelling reason for the Court of Session to hear the appeal.\n(2B) The Sheriff Appeal Court's decision in an appeal under subsection (1) may not be appealed against under section 113 of the Courts Reform (Scotland) Act 2014.”,\n(c) in subsection (6), for “sheriff principal or the Court of Session” substitute “ Sheriff Appeal Court ”,\n(d) in subsection (7), the words “(1) or” are repealed,\n(e) the section's title becomes “ Appeals to Sheriff Appeal Court and Court of Session: relevant persons ”.\n(5) In section 165 (appeals to sheriff principal and Court of Session: contact and permanence orders)—\n(a) in subsection (1), for “sheriff principal or the Court of Session” substitute “ Sheriff Appeal Court ”,\n(b) for subsection (2) substitute—\n“(2)A person mentioned in subsection (3) may appeal to the Court of Session against a Sheriff Appeal Court's decision in an appeal under subsection (1) only—\n(a) with the permission of the Sheriff Appeal Court, or\n(b) if that Court has refused permission, with the permission of the Court of Session.\n(2A) The Sheriff Appeal Court or the Court of Session may grant permission under subsection (2) only if the Court considers that—\n(a) the appeal would raise an important point of principle or practice, or\n(b) there is some other compelling reason for the Court of Session to hear the appeal.\n(2B) The Sheriff Appeal Court's decision in an appeal under subsection (1) may not be appealed against under section 113 of the Courts Reform (Scotland) Act 2014.”,\n(c) in subsection (6), for “sheriff principal or the Court of Session” substitute “ Sheriff Appeal Court ”,\n(d) in subsection (7), the words “(1) or” are repealed,\n(e) the section's title becomes “ Appeals to Sheriff Appeal Court and Court of Session: contact and permanence orders ”.\n(6) In section 167 (appeals to sheriff principal: section 166)—\n(a) in subsection (1), for “sheriff principal” substitute “ Sheriff Appeal Court ”,\n(b) in subsection (2), for “sheriff principal” substitute “ Sheriff Appeal Court ”,\n(c) in subsection (6), for “sheriff principal” substitute “ Sheriff Appeal Court ”,\n(d) the section's title becomes “ Appeals to Sheriff Appeal Court: section 166 ”.\n(7) In section 182 (publishing restrictions), in subsection (9), in paragraph (a)(iv) of the definition of “protected information”, for “sheriff principal” substitute “ Sheriff Appeal Court ”.\nProspective\n\nMiscellaneous provisions\n\n28 Conferral of parental responsibilities and parental rights: births registered outwith UK\n(1) The Children (Scotland) Act 1995 is modified as follows.\n(2) After section 4A insert—\n\n“4BConferral of parental responsibilities and parental rights where birth is registered outwith the United Kingdom\n(1) The Scottish Ministers may by regulations make provision for the conferral of parental responsibilities and parental rights on the following persons—\n(a) a father who has not acquired those responsibilities and rights under section 3(1)(b), 4 or 11, or\n(b) a second female parent who has not acquired those responsibilities and rights under section 3(1)(c) or (d), 4A or 11.\n(2) Regulations under subsection (1) may only make provision for the conferral of parental responsibilities and parental rights on a person in a case where—\n(a) the child's birth is registered outwith the United Kingdom,\n(b) the person acquired parental duties, rights or responsibilities in relation to the child through a process specified in the regulations, and\n(c) the mother of the child has consented to that person acquiring those duties, rights or responsibilities.\n(3) Regulations under subsection (1) are subject to the negative procedure.”.\n\n29 Extension to sheriff of enforcement powers under Family Law Act 1986\n(1) The Family Law Act 1986 is modified by subsections (2) and (3).\n(2) After section 29 insert—\n\n“29AEnforcement: special Scottish rule\n(1) For the purposes of its enforcement, a Part 1 order that is registered in the Court of Session under section 27 is to be regarded as also registered under that section in every sheriff court.\n(2) A sheriff may entertain an application for the enforcement of a Part 1 order if the sheriff would have jurisdiction under Chapter 3 of this Part to make a Part 1 order in respect of the child concerned.\n(3) In reading Chapter 3 of this Part for the purposes of subsection (2)—\n(a) sections 11 and 13 are to be ignored, and\n(b) any reference to the date of the application is to be read as a reference to the date of the application for the enforcement of the Part 1 order.”.\n(3) In section 31(2) (dismissal of enforcement proceedings), after “Court of Session” insert “ or sheriff court ”,\n(4) The Courts Reform (Scotland) Act 2014 is modified by subsection (5).\n(5) In section 43(3)(c) (jurisdiction over persons etc.), after “Part 1” insert “ and section 29A ”.\n\n30 Delay in proceedings likely to prejudice child's welfare\n(1) The Children (Scotland) Act 1995 is modified by subsections (2) and (3).\n(2) In section 11ZA (paramountcy of child's welfare, and the non-intervention presumption) (which is inserted by section 1(4) of this Act), after subsection (2) insert—\n“(2A)When considering the child's welfare, the court is to have regard to any risk of prejudice to the child's welfare that delay in proceedings would pose.”.\n(3) In section 16 (welfare of child and consideration of his views), after subsection (1) insert—\n“(1A)When considering the child's welfare, the court is to have regard to any risk of prejudice to the child's welfare that delay in proceedings would pose.”.\n(4) The Adoption and Children (Scotland) Act 2007 is modified by subsection (5).\n(5) In section 14 (considerations applying to the exercise of powers), after subsection (3) insert—\n“(3A)When considering the child's welfare, the court is to have regard to any risk of prejudice to the child's welfare that delay in proceedings would pose.”.\n(6) The Children's Hearings (Scotland) Act 2011 is modified by subsection (7).\n(7) In section 25 (welfare of the child), after subsection (2) insert—\n“(3)The children's hearing, pre-hearing panel or court is to have regard to any risk of prejudice to the child's welfare that delay in proceedings would pose.”.\n\nFinal provisions\nProspective\n\n31 Review of children's ability to participate\n(1) The Scottish Ministers must review the ability of children to effectively participate in the making of decisions in relation to which one of the following enactments requires that the child be given an opportunity to express a view and that regard be had to any view expressed—\n(a) sections 11ZB(1), 11E(3), 11G(2)(b) and 16(2) of the Children (Scotland) Act 1995,\n(b) sections 14(4A) and 84(5) of the Adoption and Children (Scotland) Act 2007,\n(c) section 27(3) of the Children's Hearings (Scotland) Act 2011.\n(2) The review must, in particular, consider the resources required to ensure effective participation by children in the making of the decisions.\n(3) The review must be completed no later than 5 years after the date of Royal Assent.\n(4) As soon as practicable after completing the review, the Scottish Ministers must—\n(a) make a report of the review publicly available, and\n(b) lay a copy of the report before the Scottish Parliament.\n(5) The report must set out—\n(a) the steps, if any, that the Scottish Ministers propose to take in light of the review,\n(b) a proposed timetable for taking the steps, and\n(c) if any of the steps are not to be taken in the parliamentary session during which the copy of the report is laid before the Parliament, an explanation of why the Ministers do not propose to take those steps before that session ends.\n(6) In subsection (5)(c), “parliamentary session” has the meaning given in section 19(1) of the Interests of Members of the Scottish Parliament Act 2006.\n\n32 Power to replace descriptions with actual dates\n(1) The Scottish Ministers may by regulations amend—\n(a) section 11B(2) of the Children (Scotland) Act 1995 (“the 1995 Act”), and\n(b) section 11D(3) of the 1995 Act,\nso that, instead of referring to the day on which the relevant amending section comes into force, they specify the date on which the relevant amending section actually came into force.\n(2) The relevant amending section—\n(a) in relation to section 11B(2) of the 1995 Act is section 8 of this Act,\n(b) in relation to section 11D(3) of the 1995 Act is section 17 of this Act.\n\n33 Ancillary provision\n(1) The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, or in connection with, or for giving full effect to this Act or any provision made under it.\n(2) Regulations under this section may—\n(a) make different provision for different purposes,\n(b) modify any enactment (including this Act).\n(3) Regulations under this section—\n(a) are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act, but\n(b) otherwise are subject to the negative procedure.\n\n34 Commencement\n(1) The following provisions come into force on the day after Royal Assent: this section and sections 32, 33 and 35.\n(2) The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.\n(3) Regulations under this section—\n(a) may make different provision for different purposes,\n(b) may include transitional, transitory or saving provision.\n\n35 Short title\nThe short title of this Act is the Children (Scotland) Act 2020.","title":""}
{"_id":"text_asp_2021_7","text":"1 Assistance for registered political parties in the Parliament\nIn the Scotland Act 1998, for section 97 (assistance for opposition parties) substitute—\n\n“97Assistance for registered political parties in the Parliament\n(1) The Parliament may by resolution make provision for payments to be made to registered political parties for the purpose of assisting members of the Parliament who are connected with the parties to perform their Parliamentary duties.\n(2) A resolution under subsection (1) may—\n(a) confer functions on the Parliamentary corporation,\n(b) determine, or make provision for determining, the circumstances in which a member of the Parliament and a registered political party are to be regarded for the purposes of the resolution as connected,\n(c) make different provision for different purposes.”.\n\n2 Consequential amendment\nIn the Scotland Act 1998, in schedule 7 (procedure for subordinate legislation), in the table in paragraph 1 the entry for section 97 is repealed.\n\n3 Saving provision\n(1) The amendment made by section 1 does not affect the validity of the Scottish Parliament (Assistance for Registered Political Parties) Order 1999 (“the Order”) or anything done under the Order.\n(2) Subject to subsection (3), the Order continues to have effect after section 1 comes into force as it had effect immediately before that time.\n(3) The Order is revoked on the day on which the first resolution of the Parliament under section 97 of the Scotland Act 1998 (as substituted by section 1) comes into force.\n\n4 Commencement\nThis Act comes into force at the end of the period of 2 months beginning with the day of Royal Assent.\n\n5 Short title\nThe short title of this Act is the Scottish Parliament (Assistance for Political Parties) Act 2021.","title":""}
{"_id":"text_ukpga_Geo6_12-13-14_30","text":"[26th April 1949]\n\nThe Scottish Agricultural Wages Board and Agricultural Wages Committee\n\n1 The Scottish Agricultural Wages Board.\n(1) There shall be a Board, to be called the Scottish Agricultural Wages Board (in this Act referred to as “the Board”) which shall have, . . . , such functions with respect to the fixing of minimum rates of wages for workers employed in agriculture and of directing that such workers shall be entitled to be allowed holidays, and such other functions, as are conferred on the Board by the subsequent provisions of this Act.\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3) The provisions of the First Schedule to this Act shall have effect with respect to the constitution and proceedings of the Board.\n\n2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nWages and Holidays\n\n3 Power of Scottish Agricultural Wages Board to fix rates of wages and holidays.\n(1) Subject to and in accordance with the provisions of this section, the Board shall have power to make an order in accordance with the provisions of Schedule 3 to this Act—\n(a) fixing minimum rates of wages;\n(b) directing holidays to be allowed;\n(c) fixing any other terms and conditions of employment for workers employed in agriculture.\n(2) The power of the Board to make an order under subsection (1)(a) of this section fixing minimum rates of wages is a power to make an order—\n(a) fixing minimum rates for time work;\n(b) fixing minimum rates for piece work;\n(c) fixing minimum rates for time work, to apply in the case of workers employed on piece work, for the purpose of securing to such workers a minimum rate of remuneration on a time work basis; or\n(d) fixing separate minimum rates by way of pay in respect of holidays:\nProvided that the minimum time rate for piece work shall not in any case be higher than the minimum rate which, if the work were time work, would be applicable thereto by virtue of paragraph (a) of this subsection.\n(2A) It shall be the duty of the Board to make an order under this section fixing such minimum rates of wages for time work as are referred to in paragraph (a) of the last preceding subsection.\n(2B) No minimum rate fixed under this section which is an hourly rate shall be less than the national minimum wage.\n(2C) No minimum rate fixed under this section which is a rate other than an hourly rate shall be such as to yield a less amount of wages for each hour worked than the hourly amount of the national minimum wage.\n(3) An order under paragraph (b) of subsection (1) of this section directing that a worker shall be allowed a holiday—\n(a) shall not be made unless both minimum rates of wages in respect of the period of the holiday and minimum rates of wages otherwise than in respect of the holiday have been or are being fixed under this section for that worker;\n(b) shall provide for the duration of the holiday being related to the duration of the period for which the worker has been employed or engaged to be employed by the employer who is to allow the holiday; and\n(c) subject as aforesaid, may make provisions as to the times at which or the periods within which, and the circumstances in which, the holiday shall be allowed.\n(3A) An order under this section fixing separate minimum rates of wages in respect of holidays may make provision—\n(a) with respect to the times at which, and the conditions subject to which, those wages shall accrue and shall become payable, and\n(b) for securing that any such wages which have accrued to a worker during his employment by any employer shall, in the event of his ceasing to be employed by that employer before he becomes entitled to be allowed a holiday by him, nevertheless become payable by the employer to the worker.\n(4) Any such minimum rates of wages as are mentioned in subsection (2) of this section may be fixed so as to vary according as the employment is for a day, week, month or other period, or according to the number of working hours, or the conditions of the employment or so as to provide for a differential rate in the case of employment defined by the Board as being overtime employment, whether that employment is remunerated on a time work or a piece work basis.\nIn the exercise of their powers under this subsection, the Board shall, so far as is reasonably practicable, secure a weekly half-holiday for workers.\n(5) An order under this section shall have effect as regards any terms as to remuneration from a date specified in the order, which may be a date earlier than the date of the order but not earlier than the date on which the Board agreed on those terms prior to publishing (in accordance with Schedule 3 to this Act) the original proposals to which effect is given, with or without modifications, by the order.\n(6) Any increase in wages payable by virtue of an order under this section in respect of any time before the date of the order (hereafter in this Act referred to as arrears of wages) shall be paid by the employer within a period specified in the order being—\n(a) in the case of a worker who is in the employment of the employer on that date, a period begining with that date;\n(b) in the case of a worker who is no longer in the employment of the employer on that date, a period beginning with that date or the date on which the employer receives from the workers or a person acting on his behalf a request in writing for those wages, whichever is the later.\n(7) Nothing in this section shall be construed as preventing the Board fixing a minimum rate of wages so as to secure that workers employed in agriculture receive remuneration calculated by reference to periods during the currency of their employment.\n(8) If the Board makes, or purports to make, an order fixing a minimum rate under this section—\n(a) which is an hourly rate but which is lower than the national minimum wage in force when that minimum rate comes into effect, or\n(b) which is a rate other than an hourly rate but which is such as to yield a less amount of wages for each hour worked than the hourly amount of the national minimum wage in force when that minimum rate comes into effect,\nthe Board shall be taken to have made an order fixing in place of that minimum rate a minimum rate equal to the national minimum wage or, as the case may be, a minimum rate such as to yield an amount of wages for each hour worked equal to the hourly amount of the national minimum wage.\n(9) If, at any time after a minimum rate which is an hourly rate comes into effect under this section, the national minimum wage becomes higher than that minimum rate, then, as respects any period beginning at or after that time, the Board shall be taken to have made an order fixing in place of that minimum rate a minimum rate equal to the national minimum wage.\n(10) If, at any time after a minimum rate other than an hourly rate comes into effect under this section, the national minimum wage is increased to such a level that that minimum rate yields a less amount of wages for each hour worked than the hourly amount of the national minimum wage, then, as respects any period beginning at or after that time, the Board shall be taken to have made an order fixing in place of that minimum rate a minimum rate such as to yield an amount of wages for each hour worked equal to the hourly amount of the national minimum wage.\n(11) Subsections (8) to (10) of this section are without prejudice to the power of the Board to make further orders under this section fixing any minimum rates.\n(12) Where an order under this section fixes any particular minimum rate of wages by reference to two or more component rates, of which—\n(a) one is the principal component, and\n(b) the other or others are supplemental or additional components,\n(as in a case where the minimum rate for night work is fixed as the sum of the minimum rate payable in respect of work other than night work and a supplemental or additional minimum rate in respect of working at night) the national minimum wage provisions of this section apply in relation to the principal component rate and not the supplemental or additional component rates.\n(13) The national minimum wage provisions of this section do not apply in relation to any minimum rate which is in the nature of an allowance payable in respect of some particular responsibility or circumstance (as in a case where a minimum rate is fixed in respect of being required to keep a dog).\n(14) The national minimum wage provisions of this section do not apply in relation to any minimum rate fixed under this section—\n(a) by virtue of subsection (2)(d) of this section, or\n(b) by virtue of section 67 of the Agriculture Act 1967 (sick pay),\nunless and to the extent that regulations under section 2 of the National Minimum Wage Act 1998 make provision which has the effect that circumstances or periods in respect of which the minimum rate in question is required to be paid to a worker are treated as circumstances in which, or times at which, a person is to be regarded as working.\n(15) In this section “the national minimum wage provisions of this section” means subsections (2B), (2C) and (8) to (10) of this section.\n\n3AEnforcement.\n(1) The enforcement provisions of the National Minimum Wage Act 1998 shall have effect for the purposes of this Act as they have effect for the purposes of that Act, but with the modifications specified in subsection (3) of this section.\n(2) In subsection (1) of this section “ the enforcement provisions of the National Minimum Wage Act 1998 ” means the following provisions of that Act—\n(a) sections 9 to 11 (records);\n(b) section 14 (powers of officers);\n(c) sections 17 and 19 to 22 (enforcement of right to national minimum wage);\n(d) sections 23 and 24 (right not to suffer detriment);\n(e) section 28 (evidence: reversal of burden of proof in civil proceedings);\n(f) sections 31, 32 and 33(4) and (5) (offences);\n(g) section 48 (superior employees); and\n(h) section 49 (restriction on contracting out).\n(3) In the application of any provision of the National Minimum Wage Act 1998 by subsection (1) of this section—\n(a) any reference to that Act, other than a reference to a specific provision of it, includes a reference to this Act;\n(b) any reference to a worker (within the meaning of that Act) shall be taken as a reference to a worker employed in agriculture (within the meaning of this Act);\n(c) any reference to a person (however described) who qualifies for the national minimum wage shall be taken as a reference to a worker employed in agriculture;\n(d) subject to paragraph (c) of this subsection, any reference to the national minimum wage, other than a reference to the hourly amount of the national minimum wage, shall be taken as a reference to the minimum rate applicable under this Act;\n(e) subject to paragraph (c) of this subsection, any reference to qualifying for the national minimum wage shall be taken as a reference to being entitled to the minimum rate applicable under this Act; and\n(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3A) In the application of section 17 of the National Minimum Wage Act 1998 by subsection (1) of this section–\n(a) for subsection (2) there shall be substituted the following subsection–\n“(2)That amount is the difference between–\n(a) the remuneration received by the worker as a worker employed in agriculture for the pay reference period from his employer; and\n(b) the amount which he would have received as a worker employed in agriculture for that period had he been remunerated by the employer at the minimum rate applicable under this Act;”\n(b) subsection (3) shall be disregarded.\n(4) In section 104A of the Employment Rights Act 1996 (unfair dismissal: national minimum wage) in subsection (1)(c)—\n(a) any reference to a person qualifying for the national minimum wage includes a reference to a person being or becoming entitled to a minimum rate applicable under this Act; and\n(b) any reference to a person qualifying for a particular rate of national minimum wage includes a reference to a person being or becoming entitled to a particular minimum rate applicable under this Act.\n(5) Notwithstanding section 2(4) of the National Minimum Wage (Enforcement Notices) Act 2003, in subsection (2)(c) above, the reference to section 19 includes a reference to subsections (2A) and (2B) of that section.\n\n4 Enforcement of holidays orders.\n(1) Subject to the provisions of this Act, if an employer fails—\n(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(c) to allow to any such worker the holidays fixed by the order or\n(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\nhe shall be liable on summary conviction in respect of each offence to a fine not exceeding twenty pounds . . ..\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3) In any proceedings against a person under this section it shall lie with him to prove that he . . . has allowed the holidays fixed by the order . . ..\n(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n5 Permits to infirm and incapacitated persons.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n6 Provisions as to learners.\n(1)—(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(5) It shall not be lawful for the employer of a worker, being an apprentice or learner, who is employed in agriculture . . . to receive directly or indirectly from the worker, or on his behalf or on his account, a payment by way of premium unless the payment is duly made in pursuance of an agreement approved for the purposes of this subsection by the Secretary of State, and the amount of a payment received in contravention of this subsection shall be recoverable by the person by whom the payment was made.\n(6) If an employer acts in contravention of the last preceding subsection, he shall be liable on summary conviction in respect of each offence to a fine not exceeding twenty pounds, and in any proceedings against an employer under this subsection the court shall, whether there is a conviction or not, order the employer to repay any sum which the court finds to have been received by way of premium in contravention of the last preceding subsection.\n(7) Nothing in the last preceding subsection shall be taken to exclude the bringing otherwise than in accordance with that subsection of proceedings for the recovery of an amount due under subsection (5) of this section.\n(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n7 Reckoning of benefits and advantages as payment of wages.\n(1) The Board shall have power, . . . , by order made in accordance with the provisions of the Third Schedule to this Act—\n(a) to define the benefits or advantages (not being benefits or advantages prohibited by law) which for the purposes of a minimum rate of wages fixed under this Act may be reckoned as payment of wages in lieu of payment in cash;\n(b) to determine the value at which, for the purposes aforesaid, such benefits or advantages may be so reckoned;\n(c) to limit or prohibit the reckoning for the purposes aforesaid of benefits or advantages as payment of wages in lieu of payment in cash.\n(2) Subject to the provisions of any order under the preceding subsection, the court shall, in any proceedings under this Act, reckon as a payment of wages such amount as in the opinion of the court represents the value of any benefits or advantages (not being benefits or advantages prohibited by law) received by a worker under the terms of his employment.\n(3) If the Secretary of State is satisfied, on an application in that behalf made by a worker employed in agriculture . . . or by his employer, that the value determined by an order or direction under this section for a house or part of a house occupied as a separate dwelling by the worker does not correspond with the true value thereof, the Secretary of State may, . . . , direct that the value of the house or part of a house is to be reckoned for the purposes of a minimum rate of wages fixed under this Act at such different amount as may be specified in the direction.\n\n8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n9 Provisions as to applications, &c., to agricultural wages committees.\n(1) The procedure to be followed on or in connection with applications to the Secretary of State under section 5 or section 7 of this Act shall be such (if any) as may be prescribed.\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n10 Criminal liability of agents and special defence open to employer.\n(1) Where an offence for which an employer is under section four or subsection (6) of section six of this Act liable to a fine has in fact been committed by some agent of the employer or other person, that agent or other person shall be liable to be proceeded against for the offence in the same manner as if he were the employer and either together with, or before or after the conviction of, the employer, and shall be liable on conviction to the same punishment as that to which the employer is liable.\n(2) Where an employer who is charged with an offence under section four or subsection (6) of section six of this Act proves to the satisfaction of the court that he has used due diligence to secure compliance with the relevant provisions of this Act, and that the offence was in fact committed by his agent or some other person, without his knowledge, consent or connivance, he shall, in the event of the conviction of that agent or other person for the offence, be exempt from any conviction in respect of the offence.\n\n11 Avoidance of agreements in contravention of this Act and saving for other agreements, &c.\n(1) Any such agreement as the following shall be void, that is to say—\n(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(b) an agreement as to holidays that is inconsistent with a direction of the Board in that behalf, or for abstaining from exercising the right to holidays conferred by any such direction.\n(c) any term or condition of a contract of employment that is inconsistent with a term or condition of employment fixed by an order of the Board under this Act or any agreement for abstaining from enforcing a term or condition so fixed.\n(2) Nothing in this Act shall prejudice the operation of an agreement or custom for the payment of wages at a rate higher than the minimum rate fixed under this Act or an agreement or custom as to holidays that is not inconsistent with a direction of the Board in that behalf or a term or condition of a contract of employment that is not inconsistent with a term or condition so fixed.\n\nSupplementary\n\n12 Officers.\n(1) The Secretary of State may, subject to the consent of the Treasury as to number, appoint such officers as he thinks necessary for the purpose of investigating complaints and otherwise securing the proper observance of this Act.\n(2) Every officer appointed under this section shall be furnished by the Secretary of State with a certificate of his employment, and when acting under or exercising any power conferred upon him by this Act shall, if so required, produce the certificate to any person or persons affected.\n(3) An officer so appointed shall have power—\n(a) after giving reasonable notice, to require the production of and to inspect and take copies of wages sheets or other records of wages paid to workers employed in agriculture and records of terms and conditions of employment of such workers;\n(b) to enter at all reasonable times any premises or place for the purpose of such inspection or for the enforcement of this Act, but in the case of a dwelling-house not without giving reasonable notice; and\n(c) to require any such worker, or the employer of any such worker, or any agent of the employer, to give any information which it is in his power to give with respect to the employment of the worker or the wages paid to him.\n(4) Where it appears to the Secretary of State—\n(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(b) that a sum is due from an employer on account of the receipt of a premium in contravention of subsection (5) of section six of this Act;\nthe Secretary of State may institute, on behalf of or in the name of the worker, civil proceedings before any competent court of jurisdiction for the recovery of the sum in question, . . .\n(4A) Where it appears to the Secretary of State that a term or condition of employment fixed by order of the Board is not being complied with by an employer, the Secretary of State may institute, on behalf or in the name of the worker, civil proceedings in respect of the failure to comply with the term or condition.\n(4B) In any civil proceedings instituted by the Secretary of State by virtue of this section the court shall, if the Secretary of State is not a party to the proceedings, have the same power to make an order for the payment of expenses by the Secretary of State as if he were a party to the proceedings.\n(5) Nothing in subsection (4) or (4A) of this section shall be taken to exclude the bringing otherwise than in accordance with either of those subsections proceedings of any description mentioned in those subsections.\n(6) If any person—\n(a) hinders or molests an officer acting in the exercise of his powers under subsection (3) of this section; or\n(b) refuses to produce any document or give any information which an officer so acting lawfully requires him to produce or give; or\n(c) produces or causes to be produced or knowingly allows to be produced to an officer so acting any wages sheet, record or other document which is false in a material particular, knowing the document to be false; or\n(d) furnishes to an officer so acting any information knowing it to be false,\nhe shall be liable on summary conviction to a fine not exceeding twenty pounds or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment.\n(7) The powers conferred by subsection (3) of this section are not exercisable in any case where corresponding or similar powers conferred by any of the enforcement provisions of the National Minimum Wage Act 1998, as they have effect for the purposes of this Act, are exercisable by virtue of section 3A of this Act.\n(8) In subsection (7) of this section, “the enforcement provisions of the National Minimum Wage Act 1998” has the same meaning as in subsection (1) of section 3A of this Act.\n\n13 Annual reports.\nThe Secretary of State shall include in the annual report made in pursuance of subsection (2) of section four of the Small Landholders (Scotland) Act 1911, a report of his proceedings under this Act and of the proceedings of the Board . . . , and for that purpose the Board . . . . . . shall, before such date in every year as the Secretary of State may fix, send to the Secretary of State a report of their proceedings under this Act during the preceding year.\n\n14 Expenses.\nSuch expenses of the Secretary of State in carrying this Act into effect as the Treasury may determine, and any expenses authorised by the Secretary of State, with the consent of the Treasury, to be incurred by the Board . . . shall be defrayed out of moneys provided by Parliament.\n\n15 Evidence of resolutions and orders of the Board and agricultural wages committees.\nIn any legal proceedings the production of a document purporting to be a copy of a resolution or order passed or made by the Board . . . and to be certified by the chairman or secretary of the Board . . . , to be a true copy shall be sufficient evidence of the order or resolution and, in the case of an order, that any notices required to be given by this Act in relation thereto have been duly given, and no proof shall be required of the handwriting or official position of the person certifying the truth of the copy.\n\n15AInformation obtained by national minimum wage officers.\n(1) This section applies to information which has been obtained by an officer acting for the purposes of the National Minimum Wage Act 1998.\n(2) This section does not apply to any information to the extent that the information relates to—\n(a) any failure to allow holidays directed to be allowed by an order under section 3 of this Act; or\n(b) any terms and conditions of employment fixed by such an order by virtue of subsection (1)(c) of that section.\n(3) Information to which this section applies may, with the authority of the relevant Minister, be supplied to the Secretary of State for use for any purpose relating to this Act.\n(4) Information supplied under subsection (3) of this section shall not be supplied by the recipient to any other person or body unless—\n(a) it could be supplied to that person or body under that subsection; or\n(b) it is supplied for the purposes of any civil or criminal proceedings relating to this Act;\nand shall not be supplied in those circumstances without the authority of the relevant Minister.\n(5) This section does not limit the circumstances in which information may be supplied or used apart from this section.\n(6) In this section “the relevant Minister” means the Minister of the Crown with the function of appointing officers under section 13(1)(a) of the National Minimum Wage Act 1998.\n\n16 Power to give effect to, and modify, Act as respects holidays and holiday remuneration.\n(1) The Secretary of State may make regulations for giving effect to the purposes of, and modifying, this Act so far as it relates to holidays and minimum rates of wages by way of pay in respect of holidays, and for excluding, in relation to those matters or either of them, the operation of all or any of the provisions of sections four and ten to thirteen of this Act and paragraph (5) of the Third Schedule thereto.\n(2) The power conferred by this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.\n\n17 Interpretation.\nIn this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say,—\n  * “agriculture” includes dairy-farming, the production of any consumable produce which is grown for sale or for consumption or other use for the purposes of a trade or business or of any other undertaking (whether carried on for profit or not), and the use of land as grazing, meadow or pasture land or orchard or woodland or for market gardens or nursery grounds;\n  * “consumable produce” means produce grown for consumption or for other use after severance from the land on which it is grown;\n  * “employment” means employment under a contract of service or apprenticeship, and the expressions “employed” and “employer” shall be construed accordingly;\n  * “the national minimum wage” means the single hourly rate for the time being in force by virtue of regulations under section 1(3) of the National Minimum Wage Act 1998, but this definition is subject to subsection (1A) of this section;\n  * “prescribed” means prescribed by regulations made by the Secretary of State by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament;\n  * “worker” includes a boy, woman and girl.\n(1A) If, in the case of persons of any description, regulations under subsection (2) of section 3 of the National Minimum Wage Act 1998—\n(a) prevent them being persons who (within the meaning of that Act) qualify for the national minimum wage; or\n(b) prescribe a rate (“the reduced rate”) for the national minimum wage other than the single hourly rate for the time being prescribed under section 1(3) of that Act,\nthis Act shall have effect in relation to persons of that description as if in a case falling within paragraph (a) above the national minimum wage were nil and in a case falling within paragraph (b) above the national minimum wage were the reduced rate.\n\n17ARelationship between this Act and the National Minimum Wage Act 1998.\n(1) Except so far as expressly provided by this Act, nothing in the National Minimum Wage Act 1998 or in regulations made under that Act affects the operation of this Act.\n(2) This Act is subject to—\n(a) section 46 of the National Minimum Wage Act 1998; and\n(b) section 47 of that Act and any regulations made under that section.\n\n18 Repeal and savings.\n(1) The enactments mentioned in the first and second columns of the Fourth Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.\n(2) Nothing in this Act shall affect any order, regulation or complaint made, permit granted, resolution passed, direction, certificate or approval given, application made or granted, notice served or given, date fixed or any other thing done, under an enactment repealed by this Act, but any such order, regulation, complaint, permit, resolution, direction, certificate, approval, application, notice, date or thing shall, if in force at the passing of this Act, continue in force, and so far as it could have been made, granted, passed, given, served, fixed or done under the corresponding provisions of this Act, it shall have effect as if it had been made, granted, passed, given, served, fixed or done under that corresponding provision and, in the case of an approval, had been given for the purposes of that provision.\n(3) Any document referring to an enactment repealed by this Act shall be construed as referring to the corresponding provision of this Act.\n(4) Any person holding office or acting or serving under or by virtue of an enactment repealed by this Act shall continue to hold his office or to act or serve as if he had been appointed or authorised under or by virtue of the corresponding provision of this Act.\n(5) Where an offence, being an offence for the continuance of which a penalty was provided, has been committed under an enactment repealed by this Act, proceedings may be taken under this Act in respect of the continuance of the offence in the same manner as if the offence had been committed under the corresponding provision of this Act.\n(6) Where an enactment repealed and re-enacted by this Act provides for the doing of some act within, or not earlier than the expiration of, a specified period from the giving of a notice, and the commencement of this Act falls within the period applicable to the giving of a particular notice, the repeal and re-enactment shall be deemed to have taken effect in relation to that notice immediately before the giving thereof.\n(7) The mention of particular matters in this section shall not be taken to affect the general application of sections 16(1) and 17(2)(a) of the Interpretation Act 1978, with regard to the effect of repeals.\n\n19 Short title and extent.\nThis Act may be cited as the Agricultural Wages (Scotland) Act 1949, and shall extend to Scotland only.\n\nSCHEDULES\nSection 1.\n\nFIRST SCHEDULE Constitution and Proceedings of the Scottish Agricultural Wages Board\n1 The Board shall consist of—\n(a) six persons representing employers and six persons (of whom one at least shall be a woman) representing workers in agriculture to be nominated in the prescribed manner or elected in the prescribed manner according as may be prescribed; and\n(b) five persons to be appointed by the Secretary of State.\n2 The Secretary of State shall designate as chairman of the Board one of the members thereof appointed by him.\n3 At every meeting of the Board the chairman, if present, shall preside and, if he is absent, such of the other members appointed by the Secretary of State as the members of the Board then present choose shall preside.\n4 The Secretary of State may appoint a secretary for the Board.\n5 The Board may, in accordance with regulations made by the Secretary of State by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament, appoint one or more committees consisting of members representing employers and members representing workers in agriculture in equal proportions, and of one or more of the appointed members, and may refer to any such committee for report and recommendations any matter which they think it expedient so to refer, and may also, if they think fit, delegate to any such committee any of their powers and duties under this Act other than a power or duty to fix, cancel or vary minimum rates of wages or to direct that workers shall be entitled to be allowed holidays.\n6 The proceedings of the Board or of a committee thereof shall not be invalidated by a vacancy therein or by a defect in the nomination, election or appointment of the chairman or other member of the Board or of a member of the committee.\n7 The Secretary of State may, by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament, make regulations with respect to the proceedings and meetings of the Board and of any committee thereof, including the appointment of the chairman of the Board and the term of office of the chairman and other members of the Board and the members of committees, the method of voting and the number of members necessary to form a quorum, and any such regulations as to committees may be made so as to apply generally to the procedure of all committees or specially to the procedure of any particular committee; but subject to the provisions of this Schedule and to any regulations so made, the Board and any committee thereof may, respectively, regulate the proceedings in such manner as they think fit.\n8 The Secretary of State may, out of moneys provided by Parliament, pay to the members of the Board such allowances by way of compensation for expenses incurred and time lost by them in the performance of their duties as he may, with the consent of the Treasury, determine.\n\nSECOND SCHEDULE\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nTHIRD SCHEDULE Orders of the Scottish Agricultural Wages Board\n1 Where the Board propose to make an order under any provision of this Act, the Board shall—\n(a) give, in such manner as appears to the Board requisite for informing persons concerned, public notice of the proposed order and of the manner in which and the time (not being less than fourteen days from the date of the notice) within which objections to the proposals may be lodged;\n(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\nand shall consider any objections to the proposals which may be lodged in accordance with the notice.\n2 After considering any such objections the Board may make an order in accordance with their original proposals or with those proposals as modified in such manner as appears to the Board expedient having regard to any objections lodged:\nProvided that where it appears to the Board that, having regard to the nature of any modifications which they propose to make in their original proposals, opportunity should be given for the consideration thereof by persons concerned, the Board shall again give and serve notice under the foregoing paragraph, and this paragraph shall apply accordingly.\n3 Notwithstanding anything in the foregoing paragraphs of this Schedule, where the Board are satisfied that on the ground of the limited application of a proposed order it is unnecessary to comply with the provisions of those paragraphs and certify accordingly, the Board may, instead of complying with those provisions, give notice of the proposed order in such manner as appears to the Board expedient in the circumstances, and may make the order at any time after the expiration of seven days from the giving of the notice.\n4 As soon as may be after the Board have made an order under any provision of this Act they shall give public notice of the making of the order and of the contents thereof in such manner as appears to the Board requisite for informing persons concerned, . . .\n5 An order of the Board under any provision of this Act may apply either universally to all workers employed in agriculture or to any class of workers (as defined in the order) or to any area or to any such class in any area, subject in each case to any exceptions specified in the order; and an order of the Board fixing or varying a minimum rate of wages so as to secure that workers employed in agriculture receive remuneration calculated by reference to periods during the currency of their employment may make alternative provisions applying according to different circumstances arising during the currency of a worker’s employment or in connection with the termination thereof.\n6 . . . , an order of the Board made under any provision of this Act may be varied or revoked by a subsequent order made in the like manner and subject to the like conditions.\nSection 18.\n\nFOURTH SCHEDULE Enactments Repealed.\nSession and Chapter.        Short Title.                                               Extent of Repeal.\n1 Edw. 8 & 1 Geo. 6. c. 53  The Agricultural Wages (Regulation) (Scotland) Act, 1937.  The whole Act.\n1 & 2 Geo. 6. c. 70.        The Holidays with Pay Act, 1938.                           Sections one, two, three and five so far as they relate to workers employed in agriculture.\n10 & 11 Geo. 6. c. 15.      The Agricultural Wages (Regulation) Act, 1947.             The whole Act.","title":""}
{"_id":"text_ukpga_1968_77","text":"[18th December 1968]\n\n1—4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nRegulation of sea fishing operations\n\n5 Regulation of conduct of fishing operations.\n(1) The Ministers may, whenever it appears to them necessary or expedient, by order make provision for regulating the conduct of, and safeguarding, fishing operations and operations ancillary thereto, including provision with respect to the identification and marking of fishing boats and fishing gear.\n(2) The provisions of any order under subsection (1) above shall, except as provided by the order, apply—\n(a) to all relevant British fishing boats, and things done by such boats and their crews, wherever they may be, and\n(b) to all Scottish or foreign fishing boats, and things done by such boats and their crews, in waters within relevant British fishery limits\n(3) The Ministers may by order make such provision as is mentioned in subsection (1) above with respect to foreign fishing boats which, in pursuance of an arrangement for the time being in force between Her Majesty’s Government in the United Kingdom and the government of any other country, enter relevantBritish fishery limits for the purpose of carrying on fishing operations or operations ancillary thereto, including provisions regulating the movement of those boats within those limits.\n(4) Where a provision of an order under this section is not complied with in the case of a fishing boat or its crew, any person prescribed by the order in relation to that provision, being one or more of the following, that is to say the master, the owner, and the charterer, if any, shall be liable on summary conviction to [the statutory amount]or on conviction on indictment to a fine.\n(5) The provisions of any order under this section shall be taken to be in addition to and not to derogate from the provisions of any other enactment or any instrument made under any other enactment.\n(6) This section has effect in relation to Scotland with the following modifications–\n(a) in subsection (2)(a), for “relevant British fishing boats” there is substituted “Scottish fishing boats”;\n(b) in subsection (2)(b)–\n(i) for “Scottish” there is substituted “relevant British”; and\n(ii) for “relevant British fishery limits” there is substituted “the Scottish zone”; and\n(c) in subsection (3) for “relevant British fishery limits” there is substituted “the Scottish zone”.\n\n5 Regulation of conduct of fishing operations.\n(1) The Ministers may, whenever it appears to them necessary or expedient, by order make provision for regulating the conduct of, and safeguarding, fishing operations and operations ancillary thereto, including provision with respect to the identification and marking of fishing boats and fishing gear.\n(2) The provisions of any order under subsection (1) above shall, except as provided by the order, apply—\n(a) to all relevant British fishing boats, and things done by such boats and their crews, wherever they may be, and\n(b) to all Scottish or foreign fishing boats, and things done by such boats and their crews, in waters within relevant British fishery limits\n(3) The Ministers may by order make such provision as is mentioned in subsection (1) above with respect to foreign fishing boats which, in pursuance of an arrangement for the time being in force between Her Majesty’s Government in the United Kingdom and the government of any other country, enter relevantBritish fishery limits for the purpose of carrying on fishing operations or operations ancillary thereto, including provisions regulating the movement of those boats within those limits.\n(4) Where a provision of an order under this section is not complied with in the case of a fishing boat or its crew, any person prescribed by the order in relation to that provision, being one or more of the following, that is to say the master, the owner, and the charterer, if any, shall be liable on summary conviction to a fine not exceeding £1,000or on conviction on indictment to a fine.\n(5) The provisions of any order under this section shall be taken to be in addition to and not to derogate from the provisions of any other enactment or any instrument made under any other enactment.\n(6) This section has effect in relation to Scotland with the following modifications–\n(a) in subsection (2)(a), for “relevant British fishing boats” there is substituted “Scottish fishing boats”;\n(b) in subsection (2)(b)–\n(i) for “Scottish” there is substituted “relevant British”; and\n(ii) for “relevant British fishery limits” there is substituted “the Scottish zone”; and\n(c) in subsection (3) for “relevant British fishery limits” there is substituted “the Scottish zone”.\n\n6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n7 Sea-fishery officers.\n(1) The following persons shall be British sea-fishery officers for the purposes of the Sea Fisheries Acts, that is to say—\n(a) officers of the sea-fishery inspectorates of each of the appropriate Ministers other than assistant fishery officers;\n(b) commissioned officers of any of Her Majesty’s ships;\n(c) persons in command or charge of any aircraft or hovercraft of the Royal Navy, the Army or the Royal Air Force;\n(ca) persons appointed as marine enforcement officers under section 235 of the Marine and Coastal Access Act 2009;\n(d) officers of the fishery protection service ... of the Scottish Ministers holding the rank of commander, first officer or second officer;\n(e),(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(g) other persons appointed as British sea-fishery officers by one of the appropriate Ministers.\n(1A) A person falling within paragraph (b), (c) or (ca) of subsection (1) above may not exercise the powers or perform the duties of a British sea-fishery officer in any case where the person may, in the person's capacity as a marine enforcement officer, exercise the common enforcement powers conferred by the Marine and Coastal Access Act 2009 (see Chapter 1 of Part 8 of that Act).\n(2) The appropriate Minister may appoint any person to exercise and perform the powers and duties of a British sea-fishery officer subject to such limitations as may be specified in the instrument appointing him; and for the purposes of the Sea Fisheries Act a person so appointed shall be a British sea-fishery officer within those limitations, but not otherwise.\n(3) An appointment made under subsection (2) above may be limited in any one or more of the following ways, that is to say—\n(a) to particular matters;\n(b) to a particular area;\n(c) to a particular order or class of orders.\n(4) In this Act, “foreign sea-fishery officer”, in relation to any convention with respect to the conduct or safeguarding of fishing operations or operations ancillary thereto to which Her Majesty’s Government in the United Kingdom is a party, means a person of any class specified in an order made by the Ministers, being a person appointed by the government of any other country which is a party to the convention to enforce its provisions or any other person having power under the laws of that other country to enforce those provisions.\n(5) In this section “the appropriate Minister” means—\n(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(b) in relation to Scotland, the Scottish Ministers; and\n(c) in relation to Northern Ireland, the Department of Agriculture for Northern Ireland.\n\n8 General powers of British sea-fishery officers.\n(1) For the purpose of enforcing the provisions of any order under section 5 above or of section 12 of the Fisheries Act 2020 or any order thereunder a British sea-fishery officer may exercise in relation to any fishing boat within British fishery limits and in relation to any British fishing boat anywhere outside those limits the powers conferred by subsection (2) to (4) below.\n(2) He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.\n(3) He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in subsection (1) above and, in particular,—\n(a) may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination; and\n(b) may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;\n(c) for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under any of the provisions mentioned in subsection (1) above, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search;\n(d) where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;\nbut nothing in paragraph ( d ) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.\n(4) Where it appears to a British sea-fishery officer that a contravention of any provision of an order under section 5 above or of section 12 of the Fisheries Act 2020 has at any time taken place within British fishery limits, he may—\n(a) require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and\n(b) detain or require the master to detain the boat in the port;\nand where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.\n(5) If it appears to a British sea-fishery officer that a British fishing boat or a fishing boat belonging to a country which is party to a convention to which Her Majesty’s Government in the United Kingdom is a party is being so navigated or stationed as to interfere or be likely to interfere with fishing operations which are being carried on, or about to be carried on, within British fishery limits, he may require the boat to move away or to move in a direction or to a position specified by him.\n(6) For the purpose of enforcing the collision regulations made under section 85 of the Merchant Shipping Act 1995, so far as they apply to fishing boats, a British sea-fishery officer may exercise, in relation to any fishing boat within British fishery limits and in relation to a British fishing boat anywhere outside those limits, the powers conferred by section 257 of the Merchant Shipping Act 1995 (powers to require production of ships documents), whether or not he is mentioned in that section, and also the powers conferred by the foregoing provisions of this section, and section 257 of that Act so far as it relates to the former powers shall apply accordingly.\n\n9 Powers of sea-fishery officers to enforce conventions.\n(1) For the purpose of enforcing the provisions of any convention with respect to the conduct or safeguarding of fishing operations to which Her Majesty’s Government in the United Kingdom is a party a foreign sea-fishery officer may, in relation to a British fishing boat, and a British sea-fishery officer may, in relation to any foreign fishing boat, exercise anywhere within the convention area outside British fishery limits the powers conferred by section 8(2) and (3) above.\n(2) Nothing in this section shall authorise a British or foreign sea-fishery officer to do anything not authorised by the convention he is purporting to enforce or authorise him to exercise in relation to a boat belonging to a country which is a party to the convention any power which the government of that country has informed the other parties to the convention is not to be exercised in relation to its fishing boats.\n\n10 Miscellaneous provisions as to sea-fishery officers.\n(1) A British sea-fishery officer shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by section 8 or 9 of this Act, section 15 of the Sea Fish (Conservation) Act 1967 or section 27 of the Fisheries Act 1981, and a foreign sea-fishery officer shall not be liable in any such proceedings for anything done in purported exercise of the powers conferred on him by section 9 of this Act, if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.\n(2) Any person who on any fishing boat within British fishery limits, or on a British fishing boat anywhere outside those limits,—\n(a) fails without reasonable excuse to comply with any requirement imposed, or to answer any question asked, by a British sea-fishery officer under section 8 or 9 of this Act;\n(b) prevents, or attempts to prevent, any other person from complying with any such requirement or answering any such question; or\n(c) assaults any such officer while exercising any of the powers conferred on him by or by virtue of section 8 or 9 of this Act or wilfully obstructs any such officer in the exercise of any of those powers;\nshall be guilty of an offence.\n(2A) Any person who on any vessel within British fishery limits—\n(a) fails without reasonable excuse to comply with any requirement imposed, or to answer any question asked, by a British sea-fishery officer under section 27 of the Fisheries Act 1981;\n(b) prevents, or attempts to prevent, any other person complying with any such requirement or answering any such question; or\n(c) assaults any such officer while exercising any of the powers conferred on him by that section or wilfully obstructs any such officer in the exercise of any of those powers;\nshall be guilty of an offence.\n(3) Subsection (2) above shall apply in relation to things done on a British fishing boat anywhere within the convention area outside British fishery limits by or in relation to a foreign sea-fishery officer who is exercising powers to enforce the provisions of the convention relating to that area as it applies in relation to things done on any fishing boat within those limits by or in relation to a British sea-fishery officer.\n(4) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £5,000 or on conviction on indictment to a fine. on summary conviction, or on conviction on indictment, to a fine.\n\n11 Evidence.\n(1) In any civil or criminal proceedings a written statement purporting to be a report made by a British or foreign sea-fishery officer on matters ascertained in the course of exercising his powers under section 9 above for the purpose of enforcing the provisions of any convention mentioned in that section shall be admissible as evidence to the like extent as oral evidence to the like effect by that officer.\n(2) Subsection (1) above shall be taken to be in addition to, and not to derogate from, the provisions of any other enactment relating to the reception or admissibility of documentary evidence.\n\n12 Recovery of fines imposed on master, etc., or crew.\n(1) Where a fine is imposed by a magistrates’ court in England and Wales or Northern Ireland on the master, owner or charterer or a member of the crew of a fishing boat who is convicted by the court of an offence under section 5 or 10 of this Act or section 12 of the Fisheries Act 2020, the court may—\n(a) issue a warrant of distress against the boat and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and\n(b) if the boat is a foreign fishing boat, order it to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.\n(2) Where a fine is imposed by a sheriff in Scotland on the master, owner or charterer or a member of the crew of a fishing boat who is convicted by the sheriff of an offence under section 5 or 10 of this Act or section 12 of the Fisheries Act 2020, the sheriff may—\n(a) issue a warrant for the poindingarrestment and sale of the boat and its gear and catch and any property of the person convicted; and\n(b) if the boat is a foreign fishing boat, order it to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid, whichever occurs first.\n(3) Sections 77(1) and 78 of the Magistrates’ Courts Act 1980 (postponement of issue of, and defects in, warrants), as they apply to warrants of the kinds mentioned there, shall apply to a warrant of distress issued under this section in England and Wales ....\n(4) Article 114(2) of the Magistrates’ Courts (Northern Ireland) Order 1981 (postponement of issue of certain warrants) shall apply to a warrant of distress issued under this section in Northern Ireland as it applies to a warrant referred to in that paragraph.\n\n13 Compensation for damage caused by offence.\n[(1)Where on convicting a person of an offence under section 5 or 10 of this Act it appears to a court in England and Wales or Northern Ireland that personal injury or damage to property has been caused by the offence, the court may by the conviction adjudge the person convicted to pay, in addition to any fine, a reasonable sum, not exceeding £400, as compensation for the injury or damage, and the sum when recovered shall be paid to the person who has suffered the injury or damage.]\n(2) Where a person is to be brought to trial before a sheriff in Scotland for an offence under section 5 or 10 of this Act or section 12 of the Fisheries Act 2020—\n(a) any person who considers that personal injury to him or damage to his property has been caused by the offence may, at any time before the commencement of the trial, give notice in writing to the accused person and the sheriff clerk that at the trial of the offence the sheriff shall be called upon to make an award of compensation in respect of that injury or damage;\n(b) if notice has been given as aforesaid and the accused is convicted of the offence the sheriff shall thereupon dispose of the question of compensation, but shall not order payment of a sum by way of compensation exceeding level 5 on the standard scale\n(c) any evidence led at the trial shall be admissible as evidence in the disposal of the question of compensation, and if the compensation claimed is in respect of damage to property and a report of a British sea-fishery officer relating to the damage is produced as evidence, that report shall, unless the sheriff considers that it is necessary in the interests of justice to allow additional evidence, be sufficient evidence for the disposal of the question of compensation; and\n(d) in disposing of the question of compensation the sheriff may, subject to paragraph (b) above, give decree as in any ordinary action brought before him.\n(3) Section 12 of this Act shall apply in relation to compensation adjudged or ordered to be paid under this section by the master, owner, or charterer or a member of the crew of a fishing boat as it applies in relation to a fine imposed by a magistrates’ court or sheriff on such a person.\n(4) The provisions of this section shall not be taken to derogate from any right of a person who has suffered personal injury or damage to property in consequence of an offence under section 5 or 10 of this Act or section 12 of the Fisheries Act 2020 to recover damages in respect of the injury or damage in civil proceedings.\n\n14 Jurisdiction to try offences.\nProceedings for an offence under section 5 or 10 of this Act ... may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.\n\nMiscellaneous\n\n15 Amendments of Sea Fisheries (Shellfish) Act 1967.\n(1) The Sea Fisheries (Shellfish) Act 1967 shall be amended in accordance with, and have effect subject to, the following provisions of this section.\n(2) In section 1(1) (orders as to fisheries for oysters, mussels and cockles) for the words “and cockles” there shall be substituted the words “cockles, clams and any other molluscs of a kind specified in regulations made by the appropriate Minister”.\n(2A) The reference in section 3(1) of the Sea Fisheries (Shellfish) Act 1967 to an order under section 1 of that Act conferring on the grantees a right of regulating a fishery which imposes restrictions on, or makes regulations respecting, the dredging, fishing for and taking of shellfish shall be construed as including a reference to an order under section 1 of that Act conferring on the grantees such a right which enables the grantees, with the consent of the appropriate Minister, to impose such restrictions or make such regulations; and the references in sections 3(1)(a), (2) and (3) of that Act to restrictions and regulations shall be construed as including a reference to restrictions so imposed and regulations so made.\n(2B) The references in sections 4A(1) and 4B(1) of the Sea Fisheries (Shellfish) Act 1967 to restrictions imposed by, or regulations made by, an order under section 1 of that Act conferring a right of regulating a fishery, shall be construed as including a reference to restrictions imposed by, or regulations made by, the grantees by virtue of an order under section 1 of that Act which enables the grantees, with the consent of the appropriate Minister, to impose such restrictions or make such regulations.\n(3) The power to make an order under that section section 1 of that Act conferring on the grantees a right of regulating a fishery for any specified description of shellfish shall be construed as including a power to enable them with the consent of the appropriate Minister to impose restrictions on, and make regulations respecting, the dredging, fishing for and taking of shellfish of that description within the limits of the regulated fishery.\n(4) An order under that section which imposes tolls or royalties upon persons dredging, fishing for and taking any specified description of shellfish within the limits of a fishery shall be construed as conferring on the grantees of the fishery power with the consent of the appropriate Minister to vary the tolls or royalties so imposed.\n(5) In subsections (3) and (4) above “the appropriate Minister” has the same meaning as in the Sea Fisheries (Shellfish) Act 1967.\n(6) Anything purporting to be done at any time before the passing of this Act under or by virtue of section 1 or 3 of the Sea Fisheries (Shellfish) Act 1967 or any enactment thereby re-enacted which could have been done by virtue of subsection (3) or (4) above if that subsection had been in force at that time shall be treated as if it had been done by virtue of that subsection.\n(7) In paragraph 4(6) of Schedule 1 (notice of inquiry in connection with making of an order under section 1) for the words “fourteen days’” there shall be substituted the words “twenty-eight days’”.\n\n16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n17 Fishing boats and gear lost or abandoned at sea.\nWithout prejudice to section 236(1) of the Merchant Shipping Act 1995 (delivery of wreck to receiver), fishing boats or fishing gear lost or abandoned at sea and either—\n(a) found or taken possession of within the territorial waters of the United Kingdom; or\n(b) found or taken possession of beyond those waters and brought within those waters;\nshall be treated as wreck for the purposes of Part IX of the Merchant Shipping Act 1995.\n\nSupplemental\n\n18 Orders.\n(1) Any power conferred on the Ministers by this Act to make an order shall be exercisable by statutory instrument.\n(2) A statutory instrument containing an order made by the Ministers under any provision of this Act, . . . shall be laid before Parliament or, in the case of an order in relation to Scotland, the Scottish Parliament.\n(3) Any power conferred by this Act on the Ministers to make an order includes power to vary or revoke the order by a subsequent order.\n\n19 Interpretation.\n(1) In this Act, except so far as the context otherwise requires,—\n  * “British fishing boat” means a fishing boat which either is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995 or is wholly British-owned;\n  * “convention” includes an agreement or other arrangement;\n  * “convention area” means, in relation to any international convention, the area to which the convention relates;\n  * “enactment” includes an enactment of the Parliament of Northern Ireland;\n  * “fish” includes shellfish, and cognate expressions shall be construed accordingly;\n  * “fishing boat” means any vessel for the time being employed in fishing operations or any operations ancillary thereto;\n  * “foreign fishing boat” means any fishing boat other than a relevant British fishing boat or a Scottish fishing boat;\n  * “foreign sea-fishery officer” has the meaning assigned to it by section 7 of this Act;\n  * “master” includes, in relation to any fishing boat, the person for the time being in command or charge of the boat;\n  * “the Ministers” means , in relation to England, Wales and Northern Ireland; the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with the sea fishing industry in Scotland and Northern Ireland and, in relation to Scotland, the Scottish Ministers;\n  * “relevant British fishing boat” means a British fishing boat which is not a Scottish fishing boat\n  * “relevant British fishery limits” means British fishery limits so far as they do not relate to the Scottish zone\n  * “Scottish fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging\n  * “the Scottish zone” has the same meaning as in the Scotland Act 1998\n  * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n  * “Sea Fisheries Acts” means any enactments for the time being in force relating to sea-fishing, including any Act of the Scottish Parliament and any subordinate legislation made under such an Act, and including any enactment relating to fishing for shellfish, salmon or migratory trout.\n  * “wholly British-owned” means wholly owned by persons qualified to own British ships for the purposes of Part II of the Merchant Shipping Act 1995;\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3) Any reference in this Act to any other enactment is a reference thereto as amended, and includes a reference thereto as extended or applied by or under any other enactment, including this Act.\n\n20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n21 Isle of Man and Channel Islands.\n(1) Her Majesty may by Order in Council direct that all or any of the provisions of sections 5 to 14, 16, 17, 19, 22 and 23 of this Act and of Part II of Schedule 1 and Part II of Schedule 2 thereto—\n(a) shall extend, with such exceptions, adaptations and modifications if any, as may be specified in the Order to the Isle of Man or any of the Channel Islands; and\n(b) shall apply, with such exceptions, adaptations and modifications as aforesaid, in relation to British fishing boats registered in the Isle of Man or any of the Channel Islands as they apply in relation to British fishing boats registered in the United Kingdom.\n(2) An Order in Council under this section may be varied or revoked by a subsequent Order thereunder.\n\n22 Minor and consequential amendments and repeals, and savings.\n(1) The enactments specified in Schedule 1 of this Act shall have effect subject to the amendments set out in that Schedule, being minor amendments and amendments consequential on the foregoing provisions of this act.\n(2) The enactments specified in Schedule 2 to this Act(which include enactments which were obsolete or unnecessary before the passing of this Act) are hereby repealed to the extent specified in the third column of that Schedule.\n(3 ),(4) . . .\n(5) The amendment by Schedule 1 to this Act of section 15 of the Sea Fish (Conservation) Act 1967 shall not affect any order made under that section, but any such order which is in force immediately before the coming into force of the amendment shall have effect as if made under that subsection as so amended.\n(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n23 Short title and commencement.\n(1) This Act may be cited as the Sea Fisheries Act 1968.\n(2) Sections 5 to 14 of this Act and Part II of Schedule 1 and Part II of Schedule 2 thereto shall come into force on such day as the Ministers may by order appoint, and different days may be so appointed for different purposes of those provisions.\n(3) Any order under this section may make such transitional provision as appears to the Ministers to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions or any provisions of this Act then in force as appear to him to be necessary or expedient in consequence of the partial operation of this Act (whether before or after the day appointed by the order).\n\nSchedules\nSection 22(1)\n\nSCHEDULE 1 MINOR AND CONSEQUENTIAL AMENDMENTS\n\nPART 1 AMENDMENTS COMING INTO FORCE ON PASSING OF ACT\n1—22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nPART II AMENDMENTS COMING INTO FORCE ON APPOINTED DAY\n23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nThe Sea Fisheries (Scotland) Amendment Act 1885 (c. 70)\n24 In section 1 (citation and construction), for the words “the Sea Fisheries Act 1883” there shall be substituted the words “the Sea Fisheries Act 1968”.\n25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n26 In section 6 (returns about sea fisheries) the words “against the Sea Fisheries Act 1883” shall be omitted and at the end there shall be inserted the words “and sections 12(2) and 14 of the Sea Fisheries Act 1968 shall apply to an offence under this section as they apply to an offence under section 5, 6 or 10 of that Act”.\n27 After section 6 there shall be inserted the following section—\n\n“6A Vicarious liability of master of boat.\nWhere any offence under this Act has been committed by some person belonging to a sea-fishing boat, the master of such boat shall in every case be liable to be deemed guilty of such offence:\nProvided that it shall be a defence for the master to prove that he issued proper orders for the observance, and used due diligence to enforce the observance, of the provision of the Act or byelaw contravened and that the offence in question was actually committed by some other person without his connivance.”\n28 In section 7 (report of sea-fishery officer concerning compensation), for any reference to a sea-fishery officer there shall be substituted a reference to a British sea-fishery officer and at the end there shall be inserted the following proviso—\n“Provided that nothing in the first paragraph of this section shall apply to an offence under section 5, 6 or 10 of the Sea Fisheries Act 1968.”\n29 In section 8 (compensation for damage caused by offence), for the reference to a sea-fishery officer there shall be substituted a reference to a British sea-fishery officer and at the end there shall be inserted the following proviso—\n“Provided that nothing in this section shall apply to an offence under section 5, 6 or 10 of the Sea Fisheries Act 1968.”\n30 In section 10 (powers of sea-fishery officers) for the words from “sea” where it first occurs to the end there shall be substituted the words “a British sea-fishery officer may exercise all the powers conferred on him by section 8 of the Sea Fisheries Act 1968 for the purpose of enforcing the provisions of an order under section 5 of that Act or of section 6 of that Act or any order thereunder”.\n\nThe Fisheries Act 1891 (c. 37)\n31 In section 13 (powers of taking legal proceedings) the words “the Sea Fisheries Act 1883 or any other Act relating to sea fisheries or by” shall cease to have effect.\n\nThe Merchant Shipping Act 1894 (c. 60)\n32, 33.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n34 In section 3 (definition of Sea Fisheries Acts) for the words from “’ Sea Fisheries Acts ’” to “1885” there shall be substituted the words “’ Sea Fisheries Acts’ has the same meaning as in the Sea Fisheries Act 1968”.\n\nThe Illegal Trawling (Scotland) Act 1934 (c. 18)\n35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nThe Sea Fish Industry Act 1962 (c. 31)\n36 In section 17(2) (enactments to which the section’s exemption for operations for scientific and other purposes applies) for the words from “any enactment” to “this Act” there shall be substituted the words “section 6 of the Sea Fisheries Act 1968”.\n\nThe Sea Fisheries Regulation Act 1966 (c. 38)\n37 In section 13(5) (powers of local fisheries committees), the words from the beginning to “1883” and from “the provisions” to “and of” and the word “other” shall cease to have effect.\n\nThe Sea Fish (Conservation) Act 1967 (c. 84)\n38(1)Section 15 (powers of British sea-fishery officers) shall be amended in accordance with the following provisions of this paragraph.\n(2) In subsection (1) the words from the beginning to “1962” shall cease to have effect.\n(3) For subsections (3) to (7) there shall be substituted the following subsections:—\n“(3)Any such officer may exercise in relation to any fishing boat in any waters adjacent to the United Kingdom and within the fishery limits of the British Islands, and in relation to any British fishing boat registered in the United Kingdom and any British owned fishing boat (not so registered) anywhere outside those limits, such of the powers of a British sea-fishery officer under section 8(2) to (4) of the Sea Fisheries Act 1968 as may be conferred on him by order of the Ministers, being powers which the Ministers consider necessary for the enforcement of any of the provisions of sections 1 to 7 of this Act or any order made under any of those sections.\n(4) An order under this section may make different provision for different cases.\n(5) Section 10 of the Sea Fisheries Act 1968 shall apply in relation to the provisions of an order under this section and the powers thereby conferred as they apply in relation to section 8 of that Act and the powers thereby conferred; and, in relation to an offence under the said section 10 as it applies by virtue of this subsection, sections 12 to 14 of that Act shall apply accordingly.”\n39 In section 22(1), in the definition of “British sea-fishery officer”, for the words from “section 11” to “1951” there shall be substituted the words “section 7 of the Sea Fisheries Act 1968”.\nSection 22(2).\n\nSCHEDULE 2 ENACTMENTS REPEALED\n\nPART I REPEALS COMING INTO FORCE ON PASSING OF ACT\nChapter                  Short Title                                      Extent of Repeal\n31 & 32 Vict. c. 45.     Sea Fisheries Act 1868                           Section 1.\n                                                                          In Section 5, the definitions of “person” and “the Irish Fishery Commissioners”.\n                                                                          Section 67.\n                                                                          In section 70, the proviso.\n25 & 26 Geo. 5. c. 9.    The Herring Industry Act 1935.                   In section 14, the definition of “boat”.\n                                                                          In Schedule 2, in section 9(6) of the Agricultural Marketing Act 1931 as there set out, the words “or commodities produced wholly or partly therefrom” and the words “or such commodities as aforesaid”.\n1 & 2 Geo. 6. c. 30.     The Sea Fish Industry Act 1938.                  Section 50.\n1 & 2 Geo. 6. c. 42.     The Herring Industry Act 1938.                   In section 2(1), the words “and a ssistance”.\n9 & 10 Geo. 6. c. 11.    The Inshore Fishing Industry Act 1945.           The whole Act.\n11 & 12 Geo. 6. c. 51.   The White Fish and Herring Industries Act 1948.  Section 3.\n14 & 15 Geo. 6. c. 30.   The Sea Fish Industry Act 1951.                  Section 13(3).\n1 & 2 Eliz. 2. c. 17.    The White Fish and Herring Industries Act 1953.  In section 1(3), the words “(of whatever size and in whatever way propelled)”.\n                                                                          Section 2(4).\n                                                                          Section 13(2) and (3).\n5 & 6 Eliz. 2. c. 22.    The White Fish and Herring Industries Act 1957.  Section 1(3A) and (4).\n                                                                          Section 4.\n                                                                          In section 5(3), the words “or order”.\n                                                                          In section 5(4), the words from “and an order” to the end.\n                                                                          Section 6(2).\n8 Eliz. 2. c. 7.         The Sea Fish Industry Act 1959.                  Section 1.\n10 & 11 Eliz. 2. c. 31.  The Sea Fish Industry Act 1962.                  Section 1(4) and (6).\n                                                                          Section 2.\n                                                                          In section 3(3), the words “(of whatever size and in whatever way propelled)”.\n                                                                          Section 3(6).\n                                                                          Section 31.\n                                                                          Section 33(3).\n                                                                          In section 35(5), the words “an d thirty-one”.\n                                                                          In Schedule 2, paragraphs 18(1), 21(3) and (4), 22(1) and 23.\n1966 c. 34.              The Industrial Development Act 1966.             Section 28.\n1967 c. 35.              The Fishing Vessel Grants Act 1967.              The whole Act.\n\n\nPART II REPEALS COMING INTO FORCE ON APPOINTED DAY\nChap ter                 Short Title                                       Extent of Repeal\n31 & 32 Vict. c. 45.     The Sea Fisheries Act 1868.                       In section 5, the definitions of “Great Britain and Ireland”, “United Kingdom”, “exclusive fishery limits of the British Islands” and “exclusive fishery limits of France”.\n                                                                           In section 57, the words from “o r under” to “provided)”.\n                                                                           Section 63.\n                                                                           In section 65, the second paragraph.\n                                                                           Section 66.\n                                                                           In section 70, the words from the beginning to “save as aforesaid”, the words from “the seas adjoining” to “the whole of” and the words from “and to the seas” to “British Islands” in the fourth place where it occurs.\n46 & 47 Vict. c. 22.     The Sea Fisheries Act 1883.                       The whole Act.\n48 & 49 Vict. c. 70.     The Sea Fisheries (Scotland) Amendment Act 1885.  Section 3.\n                                                                           Section 5.\n54 & 55 Vict. c. 37.     The Fisheries Act 1891.                           Section 5.\n                                                                           in section 6(1), the words “as one with the Sea Fisheries Act 1883, and” and the word “also”, and section 6(2).\n                                                                           In section 13, the words “the Sea Fisheries Act 1883 or any other Act relating to sea fisheries, or by”.\n24 & 25 Geo. 5. c. 18.   The Illegal Trawling (Scotland) Act 1934.         Section 3.\n1 & 2 Geo. 6. c. 30.     The Sea Fish Industry Act 1938.                   Section 54.\n                                                                           Section 59.\n                                                                           Section 61.\n                                                                           Section 62.\n                                                                           Section 63(2).\n14 & 15 Geo. 6. c. 30.   The Sea Fish Industry Act 1951.                   Section 25.\n8 Eliz. 2. c. 7.         The Sea Fish Industry Act 1959.                   Section 9.\n10 & 11 Eliz. 2. c. 31.  The Sea Fish Industry Act 1962.                   Section 16.\n                                                                           Section 18.\n                                                                           Section 36(1).\n1964 c. 72.              The Fishery Limits Act 1964.                      Section 1(2).\n                                                                           Section 2.\n                                                                           Section 3(2) and (5).\n                                                                           In Schedule 1 the amendments of the Sea Fisheries Act 1883.\n1966 c. 38.              The Sea Fisheries Regulation Act 1966.            In section 13(5), the words from the beginning to “1883” and from “the provisions” to “ and of” and the word “other”.\n1967 c. 83.              The Sea Fisheries (Shellfish) Act 1967.           Schedule 2, so far as relating to the Sea Fisheries (Scotland) Amendment Act 1885.\n1967 c. 84.              The Sea Fish (Conservation) Act 1967.             In section 15(1), the words from the beginning to “1962”.","title":""}
{"_id":"text_asp_2009_3","text":"Duty to promote proper use of parking places for disabled persons' vehicles\n\n1 Duty to promote proper use of parking places for disabled persons' vehicles\nA local authority must promote the proper use of parking places in its area that are designated or provided for use only by disabled persons' vehicles.\n\nAdvisory parking places for disabled persons' vehicles\n\n2 Limitation of local authorities' powers in relation to advisory parking places for disabled persons' vehicles\nA local authority has no power—\n(a) to designate an advisory disabled street parking place, except in accordance with section 9;\n(b) to designate an advisory disabled off-street parking place.\n\nDuties in relation to certain orders under the 1984 Act\n\n3 Certain orders under the 1984 Act\n(1) Sections 4 to 8 make provision for circumstances in which a local authority must start the statutory procedure for the making of the following kinds of order under the 1984 Act.\n(2) In this Act, a “disabled street parking order” is an order made under section 45 of the 1984 Act which—\n(a) specifies that a street parking place may be used only by a disabled persons' vehicle, and\n(b) provides that the parking place may be so used without charge.\n(3) In this Act, a “disabled off-street parking order” is an order made under section 35 of the 1984 Act which—\n(a) provides that an off-street parking place may be used only by a disabled persons' vehicle, and\n(b) provides that any charge to be paid in connection with such use of the parking place may not be greater than any charge payable (whether by virtue of the order or another order under the 1984 Act) in connection with the use of any other off-street parking place in the same premises.\n\n4 Disabled street parking orders: local authorities' initial duties\n(1) A local authority must identify every street parking place in its area that at the time of the coming into force of this Act is an advisory disabled street parking place.\n(2) In relation to each parking place that it so identifies, the authority must decide whether it is a parking place from which there is convenient access to the address of a person who holds a disabled persons' badge.\n(3) If the authority's decision under subsection (2) is that the parking place is such a parking place, it must either—\n(a) decide that, having regard to its duties under section 45(3) and section 122 of the 1984 Act, it has no power to make a disabled street parking order in respect of the parking place, or\n(b) start the statutory procedure for the making of such an order.\n(4) Subsection (5) applies if—\n(a) the authority's decision under subsection (2) is that a parking place is not a parking place from which there is convenient access to the address of a person who holds a disabled persons' badge;\n(b) the authority makes a decision under subsection (3)(a).\n(5) The authority must—\n(a) publish its reasons, and\n(b) remove any road-markings or sign posts indicating that the parking place is for use only by a disabled persons' vehicle.\n(6) If the authority starts the statutory procedure under subsection (3)(b) and the result of the procedure is that no disabled street parking order is made in respect of the parking place, the authority must remove any road-markings or sign posts indicating that the parking place is for use only by a disabled persons' vehicle.\n(7) The authority must perform its duty under subsection (1) and any duty under subsection (2), (3) or (5) within the period of 12 months beginning with the coming into force of this Act.\n\n5 Disabled street parking orders: requests by qualifying persons\n(1) A qualifying person may request a local authority to make a disabled street parking order in respect of a street parking place—\n(a) which is in the authority's area, and\n(b) from which there is convenient access to the person's address.\n(2) If it is satisfied that the person making a request under subsection (1) is a qualifying person, the authority must—\n(a) decide whether it is possible to identify a suitable street parking place in its area from which there is convenient access to the person's address, and\n(b) if it decides that that is possible, identify such a parking place.\n(3) If the authority identifies such a parking place, it must either—\n(a) decide that, having regard to its duties under section 45(3) and section 122 of the 1984 Act, it has no power to make a disabled street parking order in respect of the parking place, or\n(b) start the statutory procedure for the making of such an order.\n(4) Subsection (5) applies if—\n(a) the authority is not satisfied that the person making the request is a qualifying person;\n(b) the authority's decision under subsection (2) is that it is not possible to identify a suitable street parking place in its area from which there is convenient access to the person's address;\n(c) the authority makes a decision under subsection (3)(a).\n(5) The authority must give the person who made the request under subsection (1) its reasons.\n(6) The form and manner in which a request under subsection (1) is to be made—\n(a) may be prescribed by regulations made by the Scottish Ministers;\n(b) unless regulations made under paragraph (a) are in force, may be specified by the authority.\n(7) A request under subsection (1) may be made through another person acting on behalf of the qualifying person.\n(8) A “qualifying person” is a person who holds a disabled persons' badge and whose address—\n(a) if the person is an individual, is the same as the registered address of the registered keeper of a vehicle suitable for the carriage of the individual;\n(b) if the person is an organisation, is the same as the registered address of the registered keeper of a vehicle used by or on behalf of the organisation to carry disabled persons.\n(9) In subsection (8)—\n  * “the registered keeper” of a vehicle is the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994 (c. 22) at the time the request is made;\n  * “the registered address” of the registered keeper is the address recorded at that time in the record kept under that Act with respect to that vehicle as being that person's address.\n\n6 Disabled off-street parking orders: local authorities' initial duties\n(1) A local authority must identify every off-street parking place in its area that at the time of the coming into force of this Act is an advisory disabled off-street parking place.\n(2) If a parking place so identified is an eligible parking place the authority must either—\n(a) decide that, having regard to its duty under section 122 of the 1984 Act, it has no power to make a disabled off-street parking order in respect of the parking place, or\n(b) start the statutory procedure for the making of such an order.\n(3) If a parking place identified under subsection (1) is not an eligible parking place, subsection (4) applies.\n(4) The authority must decide whether, if the parking place were provided under arrangements under section 33(4) of the 1984 Act, it would have power to make a disabled off-street parking order in respect of the parking place.\n(5) In making a decision under subsection (4) the authority must have regard to its duty under section 122 of the 1984 Act.\n(6) If the authority's decision under subsection (4) is that it would have that power, it must seek to make arrangements under section 33(4) of the 1984 Act for the provision of the parking place with a view to being able to make such an order.\n(7) If the authority does make such arrangements, it must start the statutory procedure for the making of such an order.\n(8) An “eligible parking place” is a parking place that is provided—\n(a) by the authority itself under section 32(1)(a) of the 1984 Act, or\n(b) under arrangements that the authority has made under section 33(4) of that Act.\n(9) The authority must—\n(a) perform its duty under subsection (1) and any duty under subsection (2) or (4) within the period of 12 months beginning with the coming into force of this Act, and\n(b) start to perform any duty under subsection (6) within that period.\n\n7 Disabled off-street parking orders: new development\n(1) This section applies to a local authority which—\n(a) in its capacity as a planning authority under the Town and Country Planning (Scotland) Act 1997 (c. 8), grants planning permission for a relevant development;\n(b) learns of a relevant development in its area for which planning permission is granted by a development order.\n(2) In relation to each advisory disabled off-street parking place included in or, as the case may be, created by a relevant development, subsection (3) applies.\n(3) The authority must decide whether, if the parking place were provided under arrangements under section 33(4) of the 1984 Act, it would have power to make a disabled off-street parking order in respect of the parking place.\n(4) In making a decision under subsection (3) the authority must have regard to its duty under section 122 of the 1984 Act.\n(5) If the authority's decision under subsection (3) is that it would have that power, it must seek to make arrangements under section 33(4) of the 1984 Act for the provision of the parking place with a view to being able to make such an order.\n(6) If the authority does make such arrangements, it must start the statutory procedure for the making of such an order.\n(7) The authority must—\n(a) perform its duty under subsection (3) within the relevant period, and\n(b) start to perform any duty under subsection (5) within the relevant period.\n(8) In subsection (7), the “relevant period” is the period of three months beginning, as the case may be, with—\n(a) the date on which the authority grants the planning permission, or\n(b) the date on which the authority learns of the relevant development.\n(9) A local authority must monitor development in its area with a view to learning of relevant developments for which planning permission is granted by a development order.\n\n8 Disabled off-street parking orders: ongoing duties\n(1) The following duties apply to a local authority which has sought unsuccessfully to make arrangements for the provision of a parking place pursuant to a duty under—\n(a) section 6(6);\n(b) section 7(5);\n(c) subsection (4) of this section.\n(2) At the end of the relevant period the authority must decide whether, if the parking place were provided under arrangements under section 33(4) of the 1984 Act, it would have power to make a disabled off-street parking order in respect of the parking place.\n(3) In making a decision under subsection (2) the authority must have regard to its duty under section 122 of the 1984 Act.\n(4) If the authority's decision under subsection (2) is that it would have that power, it must seek to make arrangements under section 33(4) of the 1984 Act for the provision of the parking place with a view to being able to make such an order.\n(5) If the authority does make such arrangements, it must start the statutory procedure for the making of such an order.\n(6) The authority must—\n(a) perform its duty under subsection (2) within the period of three months beginning with the last date of the relevant period, and\n(b) start to perform any duty under subsection (4) within that period of three months.\n(7) The “relevant period” is the period of two years beginning with the date on which the authority last concluded that it was unable to make arrangements pursuant to a duty listed in subsection (1).\n\nFurther provision about street parking places for disabled persons' vehicles\n\n9 Designation of a temporary parking place where a request has been made under section 5\n(1) If a local authority is required by section 5(3)(b) to start the statutory procedure for the making of a disabled street parking order in respect of a parking place, it must as soon as reasonably practicable designate the parking place as an advisory disabled street parking place.\n(2) When that statutory procedure ends, the designation of the parking place under subsection (1) is automatically revoked.\n(3) If the result of that statutory procedure is that no disabled street parking order is made in respect of the parking place, the authority must remove any road-markings or sign posts indicating that the parking place is for use only by a disabled persons' vehicle.\n\n10 Duty to keep disabled street parking orders under review\nA local authority which has made a disabled street parking order must keep under review the continuing provision of each street parking place in respect of which it made the order.\n\nAnnual reports on local authorities' functions in relation to parking places for disabled persons' vehicles\n\n11 Annual reports by local authorities\n(1) In relation to each reporting period, a local authority must—\n(a) prepare a report on its performance of its functions in relation to parking places for disabled persons' vehicles during the reporting period,\n(b) publish the report, and\n(c) send a copy of the report to the Scottish Ministers.\n(2) Part 1 of the schedule makes provision for the content of a report prepared under subsection (1)(a).\n(3) The Scottish Ministers may by regulations make any modification to Part 1 of the schedule that they consider necessary or expedient.\n(4) The authority must perform its duties under subsection (1) within the period of three months beginning with the last date of the reporting period.\n\n12 Annual report by the Scottish Ministers\n(1) In relation to each reporting period, the Scottish Ministers must—\n(a) prepare a report on the performance by the local authorities of their functions in relation to parking places for disabled persons' vehicles during the reporting period,\n(b) publish the report, and\n(c) lay a copy of the report before the Scottish Parliament.\n(2) Part 2 of the schedule makes provision for the content of a report prepared under subsection (1)(a).\n(3) The Scottish Ministers may by regulations make any modification to Part 2 of the schedule that they consider necessary or expedient.\n(4) The Scottish Ministers must perform their duties under subsection (1) within the period of six months beginning with the last date of the reporting period.\n\nFinal provisions\n\n13 Regulations\n(1) Regulations made by the Scottish Ministers under this Act—\n(a) must be made by statutory instrument;\n(b) may make different provision for different purposes.\n(2) A statutory instrument containing regulations under section 5(6)(a) is subject to annulment in pursuance of a resolution of the Scottish Parliament.\n(3) A statutory instrument containing regulations under section 11(3) or 12(3) may not be made unless a draft of the instrument has been laid before and approved by a resolution of the Scottish Parliament.\n\n14 Interpretation\n(1) In this Act—\n  * “the 1984 Act” means the Road Traffic Regulation Act 1984 (c. 27);\n  * “advisory disabled off-street parking place” means an off-street parking place —\n    (a) to which the public have access,\n    (b) which is marked or sign-posted as being for use only by a disabled persons' vehicle, and\n    (c) which is not the subject of an order under section 35 of the 1984 Act providing that it may be used only by a disabled persons' vehicle;\n  * “advisory disabled street parking place” means a street parking place which—\n    (a) is marked or sign-posted as being for use only by a disabled persons' vehicle, and\n    (b) is not the subject of an order under section 35 or 45 of the 1984 Act specifying or providing that it may be used only by a disabled persons' vehicle;\n  * “development order” has the same meaning as in the Town and Country Planning (Scotland) Act 1997 (c. 8) (see section 30);\n  * “disabled persons' badge” means—\n    (a) a badge issued under section 21 of the Chronically Sick and Disabled Persons Act 1970 (c. 44),\n    (b) a badge issued under a provision of the law of Northern Ireland corresponding to that section, or\n    (c) a badge issued by any member State other than the United Kingdom for purposes corresponding to the purposes for which badges under that section are issued;\n  * “disabled persons' vehicle” means a vehicle lawfully displaying a disabled persons' badge;\n  * “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);\n  * “planning permission” has the same meaning as in the Town and Country Planning (Scotland) Act 1997 (c. 8) (see section 277);\n  * “premises” includes any land or building;\n  * “relevant development” means—\n    (a) the construction of premises which include an advisory disabled off-street parking place, or\n    (b) the creation of an advisory disabled off-street parking place in existing premises;\n  * “reporting period” means—\n    (a) the period beginning with the date on which this Act comes into force and ending with the second succeeding 31 March, and\n    (b) each successive financial year;\n  * “road” has the same meaning as in the Roads (Scotland) Act 1984 (c. 54) (see section 151);\n  * “the statutory procedure”, in relation to the making of a disabled off-street parking order or a disabled street parking order, means the procedure to be followed in connection with the making of an order under section 35 or 45 (as the case may be) of the 1984 Act in accordance with regulations made under paragraph 21 of Schedule 9 to that Act;\n  * “street parking place” and “off-street parking place” refer respectively to a parking place on land which does, and which does not, form part of a road.\n(2) References in this Act to a person's address—\n(a) in the case of an individual, are references to the address of the individual's main home;\n(b) in the case of an organisation, include a reference to any address at which the organisation has a place of business.\n\n15 Short title and commencement\n(1) This Act may be cited as the Disabled Persons' Parking Places (Scotland) Act 2009.\n(2) This Act (except this section) comes into force at the end of the period of six months beginning with the date of Royal Assent.\n\nSCHEDULEAnnual reports on performance of functions in relation to parking places for disabled persons' vehicles\n(introduced by sections 11(2) and 12(2))\n\nPart 1 Content of annual reports by local authorities\n1A report prepared by a local authority under section 11(1)(a) must contain the following information in respect of the reporting period—\n(a) details of the action that it took in fulfilment of its duty under section 1;\n(b) the number of parking places designated as being for use only by a disabled persons' vehicle by virtue of the provisions of this Act (except section 9);\n(c) the following information related to its performance of its duties under section 4—\n(i) the number of advisory disabled street parking places identified under section 4(1), if any;\n(ii) its reasons for any decision under section 4(2) or (3)(a);\n(iii) the number of parking places in relation to which it started the statutory procedure under section 4(3)(b), if any;\n(d) the following information related to its performance of its duties under section 5—\n(i) the number of requests made to it under section 5(1);\n(ii) the number of parking places which it identified under section 5(2)(b);\n(iii) its reasons for any decision under section 5(3)(a);\n(iv) the number of parking places in relation to which it started the statutory procedure under section 5(3)(b);\n(v) the period, in each case, between the identification of a parking place under section 5(2)(b) and the starting of the related statutory procedure under section 5(3)(b);\n(e) the following information related to its performance of its duties under section 6—\n(i) the number of advisory disabled off-street parking places identified under section 6(1), if any;\n(ii) its reasons for any decision under section 6(2)(a);\n(iii) the number of parking places in relation to which it started the statutory procedure under section 6(2)(b), if any;\n(iv) its reasons for any decision under section 6(4) that it would not have power to make a disabled off-street parking order;\n(v) the number of premises that include a parking place for the provision of which it sought to make arrangements under section 6(6), if any;\n(vi) the reasons why it was unsuccessful in making any such arrangements;\n(vii) the number of parking places in relation to which it started the statutory procedure under section 6(7);\n(viii) the date by which it performed its duty under section 6(1) and any duties under section 6(2), (4) or (6), relative to the period of twelve months referred to in section 6(9);\n(f) the following information related to its performance of its duties under section 7—\n(i) the number of relevant developments for which a planning permission mentioned in section 7(1) was granted;\n(ii) its reasons for any decision under section 7(3) that it would not have power to make a disabled off-street parking order;\n(iii) the number of premises that include a parking place for the provision of which it sought to make arrangements under section 7(5);\n(iv) the reasons why it was unsuccessful in making any such arrangements;\n(v) the number of parking places in relation to which it started the statutory procedure under section 7(6);\n(g) the following information related to its performance of its duties under section 8—\n(i) its reasons for any decision under section 8(2) that it would not have power to make a disabled off-street parking order;\n(ii) the number of premises that include a parking place for the provision of which it sought to make arrangements under section 8(4);\n(iii) the reasons why it was unsuccessful in making any such arrangements;\n(iv) the number of parking places in relation to which it started the statutory procedure under section 8(5);\n(h) the following information about disabled street parking orders and disabled off-street parking orders—\n(i) the number of such orders for the making of which it started the statutory procedure in accordance with this Act;\n(ii) the number of parking places designated as being for use only by a disabled persons' vehicle under such an order;\n(iii) in relation to each such order, the period between the start of the statutory procedure and the making of the order;\n(iv) in respect of each case in which it started the statutory procedure for the making of such an order but did not make an order, the reasons why not.\n2A report prepared by a local authority under section 11(1)(a) may contain any other information about its performance of its functions in relation to parking places for disabled persons' vehicles during the reporting period that the authority considers appropriate.\n\nPart 2 Content of annual report by the Scottish Ministers\n3A report prepared by the Scottish Ministers under section 12(1)(a) must contain the following information in respect of the reporting period—\n(a) details of the action that each local authority took in fulfilment of its duty under section 1;\n(b) the total number of parking places designated by the local authorities as being for use only by a disabled persons' vehicle by virtue of the provisions of this Act (except section 9);\n(c) for each category of information under paragraph 1 that requires the reporting of a number or a date, a table setting out the number reported by each local authority;\n(d) for each category of information under paragraph 1 that requires the reporting of a period, a table setting out the period reported by each local authority;\n(e) for each category of information under paragraph 1 that requires the reporting of reasons, a summary of the reasons reported by each local authority.\n4A report prepared by the Scottish Ministers under section 12(1)(a) may contain any other information about the performance by local authorities of their functions in relation to parking places for disabled persons' vehicles during the reporting period that the Scottish Ministers consider appropriate","title":""}
{"_id":"text_anaw_2016_4","text":"[21 March 2016]\nHaving been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows:\n\nPART 1 OVERVIEW\n\n1 Overview\n(1) This Act has five Parts.\n(2) This Part provides an overview of this Act.\n(3) Part 2 makes amendments to the Ancient Monuments and Archaeological Areas Act 1979 (c.46), primarily in relation to ancient monuments in Wales. It also makes provision for the Welsh Ministers to compile and maintain a register of historic parks and gardens.\n(4) Part 3 makes amendments to the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9) in relation to buildings in Wales that are of special architectural or historic interest (“listed buildings”).\n(5) Part 4 makes other provision about the historic environment in Wales, including provision—\n(a) for the compilation of a list of historic place names in Wales (section 34),\n(b) for the compilation of a historic environment record for each local authority area in Wales (sections 35 to 37), and\n(c) for the establishment, constitution and functions of the Advisory Panel for the Welsh Historic Environment (sections 38 and 39).\n(6) Part 5 contains provision that applies generally for the purposes of this Act.\n\nPART 2 ANCIENT MONUMENTS ETC\n\nOverview\n\n2 Overview of this Part\n(1) This Part is primarily about the protection of ancient monuments in Wales. It makes provision—\n(a) for the Welsh Ministers to consult before making certain changes to the Schedule under the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (“the 1979 Act”) or certain amendments relating to monuments in the Schedule (section 3);\n(b) to give a monument statutory protection while the Welsh Ministers decide whether to include it in the Schedule or, in the case of a monument already included in the Schedule, to make certain amendments relating to it (section 3);\n(c) for the Welsh Ministers to review a decision of theirs to include a monument in the Schedule or to make certain amendments relating to a monument in the Schedule (section 3);\n(d) to amend the procedure relating to scheduled monument consent and the provision for compensation for the refusal of such consent (sections 5 to 10);\n(e) for the Welsh Ministers to enter into an agreement with the owner of a monument included in the Schedule about matters such as consent for works to the monument (section 11);\n(f) for the Welsh Ministers to issue an enforcement notice or a temporary stop notice, or to apply to court for an injunction, in a case involving certain works to a monument included in the Schedule (sections 12 to 14);\n(g) to modify the application of certain offences, including by the creation of a due diligence defence (sections 15 to 17);\n(h) about the power to enter land believed to contain an ancient monument (section 19);\n(i) about the circumstances in which a monument in the territorial sea is to be treated as being situated in Wales (section 20);\n(j) to enable notices and other documents required or authorised to be served under the 1979 Act to be served by electronic communication (section 21);\n(k) to amend the definition of “monument” in the 1979 Act (section 22).\n(2) This Part also makes provision for the Welsh Ministers to compile and maintain a register of historic parks and gardens (section 18).\n\nSchedule of monuments\n\n3 Amendments relating to the Schedule\n(1) After section 1A of the Ancient Monuments and Archaeological Areas Act 1979 (c.46) insert—\n\n“1AADuty to consult on certain amendments relating to the Schedule\n(1) This section applies where the Welsh Ministers are proposing—\n(a) to include a monument in the Schedule;\n(b) to exclude a monument from the Schedule; or\n(c) in the case of a monument which is identified in the Schedule by reference to a map maintained by the Welsh Ministers, to make a material amendment in relation to the monument.\n(2) The Welsh Ministers must—\n(a) serve notice of the proposed inclusion, exclusion or amendment on the appropriate persons; and\n(b) invite those persons to submit written representations about the proposal.\n(3) The appropriate persons are—\n(a) the owner of the monument;\n(b) if the owner is not the occupier, the occupier of the monument;\n(c) each local authority in whose area the monument is situated; and\n(d) any other person who appears to the Welsh Ministers appropriate as having special knowledge of, or interest in, the monument, or in monuments of special historic or archaeological interest more generally.\n(4) A notice under subsection (2) must—\n(a) specify the proposed inclusion, exclusion or amendment;\n(b) specify the period within which representations about the proposal may be made, which must be at least 28 days beginning with the day on which the notice is served; and\n(c) in the case of a proposed inclusion or a proposed amendment of the kind described in subsection (5)(a)—\n(i) include a statement of the effect of section 1AB; and\n(ii) specify the date on which interim protection takes effect under subsection (2) of that section.\n(5) For the purposes of this section an amendment in relation to a monument in the Schedule is “material” if it—\n(a) adds to the area shown for the monument on the map referred to in subsection (1)(c); or\n(b) reduces the area so shown.\n(6) The Welsh Ministers may by regulations amend subsection (3) by adding a description of person to the list of appropriate persons in that subsection; and where the Welsh Ministers do so, they may also make such amendments to this Act as they consider appropriate in consequence of the amendment to subsection (3).\n\n1ABInterim protection pending decisions on certain amendments relating to the Schedule\n(1) This section applies where the Welsh Ministers consult under section 1AA on a proposal to—\n(a) include a monument in the Schedule; or\n(b) make a material amendment of the kind described in section 1AA(5)(a) in relation to a monument in the Schedule.\n(2) The provisions of this Act have effect in relation to the monument, from the beginning of the day specified for the purposes of section 1AA(4)(c)(ii)—\n(a) in the case of a proposal to include a monument in the Schedule, as if the monument were a scheduled monument; and\n(b) in the case of a proposal to make a material amendment in relation to a monument in the Schedule, as if the amendment were made.\n(3) The protection conferred on a monument or area by virtue of subsection (2) is referred to in this Act as “interim protection”.\n(4) Interim protection conferred by virtue of subsection (2)(a) ceases to have effect—\n(a) where the Welsh Ministers include the monument in the Schedule, from the beginning of the day specified in the notice for the purpose of section 1AE(2)(a); or\n(b) where the Welsh Ministers decide not to include the monument in the Schedule, from the beginning of the day specified in a notice issued to—\n(i) the owner of the monument;\n(ii) if the owner is not the occupier, the occupier of the monument; and\n(iii) each local authority in whose area the monument is situated.\n(5) Interim protection conferred by virtue of subsection (2)(b) ceases to have effect—\n(a) where the Welsh Ministers make the material amendment, from the beginning of the day specified in the notice for the purpose of section 1AE(2)(a); or\n(b) where the Welsh Ministers decide not to make the material amendment, from the beginning of the day specified in a notice issued to—\n(i) the owner of the monument;\n(ii) if the owner is not the occupier, the occupier of the monument; and\n(iii) each local authority in whose area the monument is situated.\n(6) The Welsh Ministers—\n(a) must publish by electronic means a list containing particulars of each monument in relation to which interim protection has effect; and\n(b) must, on request, provide a copy of the notice served under section 1AA(2) in respect of such a monument.\n\n1ACProvisions applicable on lapse of interim protection\nSchedule A1 has effect with respect to the lapse of interim protection.\n\n1ADCompensation for loss or damage caused by interim protection\n(1) This section applies where interim protection in respect of a monument ceases to have effect as a result of the issue of a notice by the Welsh Ministers under section 1AB(4)(b) or (5)(b).\n(2) Any person who, at the time when the interim protection took effect, had an interest in the monument is, on making a claim to the Welsh Ministers within the prescribed time and in the prescribed manner, entitled to be paid compensation by the Welsh Ministers in respect of any loss or damage directly attributable to the effect of the protection.\n(3) The loss or damage in respect of which compensation is payable under subsection (2) includes a sum payable in respect of any breach of contract caused by the necessity of discontinuing or countermanding any works to the monument on account of the interim protection having effect.\n\n1AEReview of decisions on certain amendments relating to the Schedule\n(1) This section applies where the Welsh Ministers—\n(a) include a monument in the Schedule; or\n(b) make a material amendment of the kind described in section 1AA(5)(a) in relation to a monument in the Schedule.\n(2) When the Welsh Ministers inform the owner and (if the owner is not the occupier) the occupier of the monument under section 1(6) or (6B) that they have taken that action, they must also serve on that person or those persons a notice which—\n(a) specifies the date on which the Welsh Ministers did so (and on which interim protection under section 1AB(2) ceased to have effect); and\n(b) states that the person may make an application to the Welsh Ministers requesting them to review their decision to do so.\n(3) Where the owner or occupier of the monument makes such an application, the Welsh Ministers must—\n(a) carry out the review requested;\n(b) make a decision on the review; and\n(c) make such amendment to the Schedule or the map referred to in section 1AA(1)(c) as they consider appropriate to give effect to that decision.\n(4) Except as provided in section 55, the validity of any decision taken by the Welsh Ministers on the review is not to be questioned in any legal proceedings.\n(5) The Welsh Ministers must carry out a review under this section in such one or more of the following ways as appears to them to be appropriate—\n(a) by means of a public local inquiry;\n(b) by means of a hearing;\n(c) on the basis of written representations.\n(6) The Welsh Ministers must by regulations make provision about—\n(a) the grounds on which an application for a review under this section may be made;\n(b) the information that must be provided to, or may be required by, the Welsh Ministers in connection with such an application;\n(c) the form and manner in which such an application must be made; and\n(d) the period within which such an application must be made.\n(7) The Welsh Ministers may by regulations make further provision in connection with reviews under this section, including provision about costs that may be required to be paid in connection with a review.\n(8) Regulations made by virtue of subsection (6) or (7) may confer power on the Welsh Ministers—\n(a) to determine matters of a description specified in the regulations; and\n(b) to give directions in relation to those matters.\n(9) Schedule A2 applies to reviews under this section.”\n(2) In section 2 of that Act (control of works affecting scheduled monuments), after subsection (6) insert—\n“(6A)In any proceedings for an offence under subsection (1) in relation to a monument or anything else on which interim protection is conferred (which is, as a result of section 1AB(2), treated as a scheduled monument or part of such a monument)—\n(a) it is a defence for the accused to prove that the accused did not know, and could not reasonably have been expected to know, that the interim protection had been conferred; and\n(b) where the defence is raised by a person on whom a notice should have been served under section 1AA(2), it is for the prosecution to prove that the notice was served on the person.”\n(3) Before Schedule 1 to that Act insert the Schedules A1 and A2 set out in Schedule 1 to this Act.\n\n4 Amendments relating to the Schedule: consequential provision\n(1) In section 1 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (schedule of monuments), after subsection (5) insert—\n“(5A)Section 1AA makes provision about consultation by the Welsh Ministers on proposals to include or exclude a monument or to make a material amendment in relation to a scheduled monument.”\n(2) After subsection (6A) of that section insert—\n“(6B)As soon as may be after making a material amendment of the kind described in section 1AA(5) in relation to a monument identified in the Schedule by reference to a map, the Welsh Ministers must—\n(a) inform the owner and (if the owner is not the occupier) the occupier of the monument, and any local authority in whose area the monument is situated, of the action taken; and\n(b) send to those persons a copy of the amended map.\n(6C) Section 1AE(2) makes further provision about information that the Welsh Ministers must provide after making certain amendments in relation to the Schedule.”\n(3) In section 27 of that Act (general provisions as to compensation for depreciation under Part 1 of the Act), in subsection (2), for “section 7 or 9” substitute “ section 1AD, 7, 9 ”.\n(4) In section 51 of that Act (ecclesiastical property), in subsection (3), after “under section” insert “ 1AD, ”.\n(5) In section 55 of that Act (proceedings for questioning validity of certain orders, etc), after subsection (3) insert—\n“(3A)This section applies to a decision on a review under section 1AE (review by Welsh Ministers or appointed person).”\n(6) In section 61 of that Act (interpretation), in subsection (1), insert at the appropriate place⁠—\n““interim protection” has the meaning given by section 1AB(3);”.\n\nScheduled monument consent\n\n5 Simplification of process\n(1) In section 2 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (control of works affecting scheduled monuments), after subsection (5) insert—\n“(5A)In the case of a monument situated in Wales, the reference in subsection (3)(a) to the granting of written consent includes a reference to the granting of consent in such other manner as may be prescribed by the Welsh Ministers.\n(5B) The Welsh Ministers may by regulations make provision as to the form and content of consent under this section in relation to a monument situated in Wales.”\n(2) In Part 1 of Schedule 1 to that Act (applications for scheduled monument consent), at the end of paragraph 1 insert—\n“(3)The Welsh Ministers may by regulations make provision as to cases in which an applicant for scheduled monument consent in relation to a monument situated in Wales may make the application otherwise than in the form provided for under sub-paragraph (1); and such provision may confer a discretion on the Welsh Ministers.”\n\n6 Grant of consent for unauthorised works\n(1) In section 2 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (control of works affecting scheduled monuments), after subsection (3) insert—\n“(3A)If works to which this section applies have been executed in relation to a scheduled monument situated in Wales or land in, on or under which there is such a scheduled monument without being authorised under this Part, and the Welsh Ministers grant consent for the retention of the works, the works are authorised under this Part from the grant of the consent.\n(3B) References in this Act to scheduled monument consent (other than in section 4) include a reference to consent under subsection (3A).”\n(2) In section 61(1) of that Act (interpretation), in the definition of “scheduled monument”, after “section 2(3)” insert “ and (3B) ”.\n\n7 Offence of false information on application\nIn Part 1 of Schedule 1 to the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (applications for scheduled monument consent), in paragraph 2(4), after “the requirements of this paragraph” insert “ or of regulations made by the Welsh Ministers under it ”.\n\n8 Refusal of repeat applications etc\nIn Part 1 of Schedule 1 to the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (applications for scheduled monument consent), after paragraph 2A insert—\n\n“2B(1)The Welsh Ministers may refuse to entertain an application for scheduled monument consent if—\n(a) within the period of 2 years ending with the date on which the application is received, the Welsh Ministers have refused a similar application; and\n(b) in their opinion, there has been no significant change in any material considerations since the similar application was refused.\n(2) The Welsh Ministers may refuse to entertain an application for scheduled monument consent if the application is made at a time when a similar application is under consideration.\n(3) For the purposes of this paragraph, an application for scheduled monument consent is to be taken to be similar to another such application only if the works to which the applications relate are, in the Welsh Ministers' opinion, the same or substantially the same.”\n\n9 Procedure for determining applications\n(1) In Part 1 of Schedule 1 to the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (applications for scheduled monument consent), in paragraph 3, after sub-paragraph (4) insert—\n“(5)This paragraph does not apply to applications for scheduled monument consent in respect of works to a scheduled monument situated in Wales.”\n(2) After paragraph 3 of that Schedule insert—\n\n“3A(1)This paragraph applies to applications for scheduled monument consent in respect of works to a scheduled monument situated in Wales.\n(2) The Welsh Ministers may grant scheduled monument consent in respect of all or any part of the works to which an application relates.\n(3) Before determining whether or not to grant scheduled monument consent on an application, the Welsh Ministers may—\n(a) cause a public local inquiry to be held; or\n(b) afford to the applicant, and to any other person to whom it appears to the Welsh Ministers expedient to do so—\n(i) an opportunity to appear before and be heard by a person appointed by the Welsh Ministers for that purpose; or\n(ii) an opportunity to make representations to a person appointed by the Welsh Ministers for that purpose.\n(4) Before determining whether or not to grant scheduled monument consent on an application, the Welsh Ministers—\n(a) must, in every case, consider any representations made by any person with respect to that application; and\n(b) must also, if an inquiry or hearing has been held or representations have been made in accordance with sub-paragraph (3), consider the report of the person who held the inquiry or hearing or to whom the representations were made.\n(5) The Welsh Ministers must serve notice of their decision with respect to the application on the applicant and on every person who has made representations with respect to the application.”\nProspective\n\n10 Compensation for refusal of scheduled monument consent\n(1) In section 7 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46), in subsection (4), at the beginning insert “ In the case of a monument situated in England, ”.\n(2) After that subsection insert—\n“(4A)In the case of a monument situated in Wales, a person is not entitled to compensation under this section by virtue of subsection (2)(b) if the works in question or any of them would or might result in the total or partial demolition or destruction of the monument, unless those works consist solely of operations involved in or incidental to the use of the site of the monument for purposes specified by the Welsh Ministers by regulations.”\n\nAgreements relating to scheduled monuments\n\n11 Heritage partnership agreements\n(1) After section 9 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46) insert⁠—\n\n“Agreements concerning scheduled monuments etc: Wales\n\n9ZAHeritage partnership agreement\n\n(1) The Welsh Ministers may enter into an agreement under this section (a “heritage partnership agreement”) with the owner of—\n(a) a scheduled monument situated in Wales; or\n(b) any land adjoining or in the vicinity of such a scheduled monument (“associated land”).\n(2) Any of the following may also be a party to a heritage partnership agreement (in addition to the owner and the Welsh Ministers)—\n(a) any occupier of the scheduled monument or its associated land;\n(b) any person with an interest in the scheduled monument or its associated land;\n(c) any person involved in the management of the scheduled monument or its associated land;\n(d) any local authority in whose area the scheduled monument or its associated land is situated;\n(e) any local authority which is a guardian of the scheduled monument or its associated land by virtue of this Act;\n(f) any other person who appears to the Welsh Ministers appropriate as having a special knowledge of, or interest in, the scheduled monument, or in monuments of special historic or archaeological interest more generally.\n(3) A heritage partnership agreement may contain provision—\n(a) granting scheduled monument consent under section 2(3) for specified works for the purpose of removing or repairing the scheduled monument to which the agreement relates or any part of it, or of making any alterations or additions to the monument; and\n(b) specifying any conditions to which the consent is subject (whether with respect to the manner in which or the persons by whom the works or any of the works are to be executed or otherwise).\n(4) A heritage partnership agreement may also—\n(a) specify or describe works that would, or would not, in the view of the parties to the agreement, constitute works to which section 2 applies;\n(b) make provision about the maintenance and preservation of the scheduled monument or its associated land;\n(c) make provision about the carrying out of specified works, or the doing of any specified thing, in relation to the scheduled monument or its associated land;\n(d) provide for public access to the scheduled monument or its associated land and the provision of associated facilities, information or services to the public;\n(e) restrict access to, or use of, the scheduled monument or its associated land;\n(f) prohibit the doing of any specified thing in relation to the scheduled monument or its associated land;\n(g) provide for the Welsh Ministers, or any local authority in whose area the scheduled monument or its associated land is situated, to make payments of specified amounts and on specified terms—\n(i) for, or towards, the cost of any works provided for under the agreement; or\n(ii) in consideration of any restriction, prohibition or obligation accepted by any other party to the agreement.\n(5) In this section “specified” means specified or described in the heritage partnership agreement.\n(6) In this section and in section 9ZB “owner”, in relation to a scheduled monument or its associated land, means a person who is for the time being—\n(a) the estate owner in respect of the fee simple in the monument or its associated land (as the case may be); or\n(b) entitled to a tenancy of the monument or its associated land (as the case may be) for a term of years certain of which not less than 7 years remains unexpired.\n(7) Where more than one person is the owner of a scheduled monument or its associated land, the references in subsection (1) and in section 9ZB(2)(b) to the owner are to any one or more of those persons.\n\n9ZBHeritage partnership agreement: supplemental\n\n(1) A heritage partnership agreement—\n(a) must be in writing;\n(b) must make provision for the parties to review its terms at intervals specified in the agreement;\n(c) must make provision for its termination and variation; and\n(d) may contain incidental and consequential provision.\n(2) A heritage partnership agreement may relate to more than one scheduled monument, provided that the following are parties to the agreement in each case—\n(a) the Welsh Ministers; and\n(b) the owner of the scheduled monument or the owner of land adjoining or in the vicinity of the scheduled monument.\n(3) The Welsh Ministers must by regulations make provision—\n(a) about the consultation that must take place before a heritage partnership agreement is made or varied;\n(b) about the publicity that must be given to a heritage partnership agreement before or after it is made or varied;\n(c) specifying terms that must be included in a heritage partnership agreement; and\n(d) enabling the Welsh Ministers to terminate by order a heritage partnership agreement or any provision of such an agreement.\n(4) Regulations made under subsection (3)(a) must require the Welsh Ministers to consult the following persons before entering into a heritage partnership agreement under section 9ZA(1)(a)—\n(a) the owner of the scheduled monument to which the proposed agreement relates;\n(b) any occupier of the scheduled monument;\n(c) any local authority in whose area the scheduled monument is situated;\n(d) any local authority which is a guardian of the scheduled monument.\n(5) Regulations made under subsection (3)(a) must require the Welsh Ministers to consult the following persons before entering into a heritage partnership agreement under section 9ZA(1)(b)—\n(a) the owner of the land to which the proposed agreement relates;\n(b) any occupier of the land;\n(c) any local authority in whose area the land is situated;\n(d) any local authority which is a guardian of the land by virtue of this Act.\n(6) Regulations made under section (3)(d) may specify provision that may be included in an order made by virtue of that paragraph, including provision enabling such orders to contain supplementary, incidental, transitory, transitional or saving provision.\n(7) The Welsh Ministers may by regulations make provision disapplying, or applying or reproducing with or without modifications, any provision of this Act for the purposes of heritage partnership agreements.\n(8) A heritage partnership agreement cannot impose any obligation or liability, or confer any right, on a person who is not a party to the agreement (and, accordingly, scheduled monument consent granted by such an agreement enures only for the benefit of the parties to the agreement).”\n(2) In section 61 of that Act (interpretation)—\n(a) in subsection (1), in the definition of “owner”, after “(except for the purposes of” insert “ sections 9ZA and 9ZB and ”;\n(b) in subsection (6), after “In this Act” insert “ (other than in section 9ZA) ”.\n\nScheduled monuments: enforcement\n\n12 Enforcement notices\n(1) In the Ancient Monuments and Archaeological Areas Act 1979 (c.46), after section 9ZB (inserted by section 11) insert—\n\n“Scheduled monument enforcement notices\n\n9ZCScheduled monument enforcement notice\n\n(1) This section applies where it appears to the Welsh Ministers that works affecting a scheduled monument situated in Wales or land in, on or under which there is such a scheduled monument have been or are being carried out in contravention of section 2(1) or (6).\n(2) The Welsh Ministers may issue a notice under this section (referred to in this Part as a “scheduled monument enforcement notice”) if, having regard to the effect of the works on the monument as one of national importance, they consider that it is expedient to do so.\n(3) A scheduled monument enforcement notice must be in writing and must specify—\n(a) the date on which the notice takes effect (see subsection (4));\n(b) the alleged contravention;\n(c) where the Welsh Ministers require works to cease, the works concerned and the period within which the Welsh Ministers require them to cease; and\n(d) where the Welsh Ministers require steps of a kind referred to in subsection (5) to be taken, the steps concerned and the period within which the Welsh Ministers require them to be taken.\n(4) A scheduled monument enforcement notice takes effect on the date specified in the notice for the purposes of subsection (3)(a); and the date so specified must be at least 28 days after the date on which the notice is served in accordance with section 9ZD.\n(5) The steps mentioned in subsection (3)(d) are—\n(a) steps for restoring the monument or land to its former state;\n(b) if the Welsh Ministers consider restoration would not be practicable or desirable, steps for executing such further works as they consider are required to alleviate in a manner acceptable to them the effect of the works carried out without scheduled monument consent;\n(c) if scheduled monument consent for the works has been granted, steps for bringing the monument or land to the state it would have been in if the conditions of the consent had been complied with.\n(6) A scheduled monument enforcement notice may specify different periods for different works or different steps.\n(7) Where works of the kind mentioned in subsection (5)(b) are carried out, scheduled monument consent is to be treated as having been granted in respect of the works.\n\n9ZDScheduled monument enforcement notice: supplementary provision\n\n(1) A copy of a scheduled monument enforcement notice must be served on—\n(a) the owner of the monument or land concerned;\n(b) if the owner is not the occupier, the occupier;\n(c) if the monument or land is let but the lessee is not the occupier, the lessee; and\n(d) every other person with an interest in the monument or land which is, in the opinion of the Welsh Ministers, materially affected by the notice.\n(2) The Welsh Ministers may at any time withdraw a scheduled monument enforcement notice; but that does not affect the power to issue another notice under section 9ZC.\n(3) The Welsh Ministers may at any time waive or relax any requirement imposed by a scheduled monument enforcement notice (including the length of a period specified in the notice for the purposes of section 9ZC(3)(c) or (d)).\n(4) The Welsh Ministers must, immediately after exercising the power under subsection (2) or (3), give notice of the exercise of the power to every person who has been served with a copy of the notice under subsection (1) (or who would be if the notice were to be reissued).\n(5) The Welsh Ministers—\n(a) must publish by electronic means a list containing particulars of each monument in respect of which a scheduled monument enforcement notice has effect; and\n(b) must, on request, provide a copy of a scheduled monument enforcement notice the particulars of which are contained in the list.\n\n9ZEScheduled monument enforcement notice: appeal\n\n(1) A person on whom a scheduled monument enforcement notice is served, or any other person with an interest in the monument or land concerned, may appeal to a magistrates' court against the notice.\n(2) An appeal under this section must be brought before the date specified in the notice for the purposes of section 9ZC(3)(a).\n(3) An appeal under this section may be brought on any of the following grounds—\n(a) that the matters alleged to constitute the contravention specified for the purposes of section 9ZC(3)(b) have not occurred;\n(b) that those matters, in so far as they have occurred, do not constitute a contravention of section 2(1) or (6);\n(c) that works to the monument or land were urgently necessary in the interests of safety or health and that—\n(i) it was not practicable to secure safety or health by works of repair or works for affording temporary support or shelter;\n(ii) the works carried out were limited to the minimum measures immediately necessary; and\n(iii) written notice justifying in detail the need for the works was given to the Welsh Ministers as soon as reasonably practicable;\n(d) that a copy of the notice was not served as required by section 9ZD;\n(e) that a period specified for the purposes of section 9ZC(3)(c) or (d) falls short of what should reasonably be allowed.\n(4) Where an appeal under this section is brought, the notice is of no effect until the appeal is finally determined or withdrawn.\n(5) On an appeal under this section, a magistrates' court may uphold the notice or quash it.\n(6) The court may uphold a notice even if copies of it have not been served in accordance with section 9ZD if the court is satisfied that no person on whom a copy should have been, but was not, served has been substantially prejudiced by the failure.\n\n9ZFScheduled monument enforcement notice: power of entry\n\n(1) A person duly authorised in writing by the Welsh Ministers may at any reasonable time enter any land for any of the following purposes?—\n(a) ascertaining whether a scheduled monument enforcement notice should be served;\n(b) securing that a scheduled monument enforcement notice is affixed for the purposes of service in accordance with section 56(2)(b);\n(c) ascertaining whether a scheduled monument enforcement notice has been complied with.\n(2) If steps specified in a scheduled monument enforcement notice for the purposes of section 9ZC(3)(d) have not been taken within the period so specified, a person duly authorised by the Welsh Ministers may—\n(a) at any reasonable time enter the land in, on or under which the monument is situated and take the steps concerned; and\n(b) recover from the person who is then the owner or lessee of the monument or land expenses incurred by them in doing so.\n(3) The liability under subsection (2)(b) of a person who is the owner of a monument or land merely by virtue of being entitled to receive the rack rent as trustee for another person is limited to the total amount of money the person has or has had by virtue of that entitlement.\n(4) Where, on a claim by the owner of a scheduled monument or land, it appears to a magistrates' court that the occupier of the monument or land is preventing the owner from carrying out the work required by a scheduled monument enforcement notice, the court may by warrant authorise the owner to enter the land and carry out the work.\n\n9ZGFailure to comply with scheduled monument enforcement notice\n\n(1) This section applies where after the end of a period specified in a scheduled monument enforcement notice for the purposes of section 9ZC(3)(c) or (d)—\n(a) the works specified as being required to cease have not ceased; or\n(b) the steps specified as being required to be taken have not been taken.\n(2) The person who is for the time being owner of the scheduled monument or of the land in, on or under which it is situated is in breach of the notice.\n(3) If the owner of a monument or land is in breach of a scheduled monument enforcement notice, the owner is guilty of an offence.\n(4) An offence under this section may be charged by reference to a day or to some longer period; accordingly, a person may, in relation to the same scheduled monument enforcement notice, be convicted of more than one offence under this section by reference to different periods.\n(5) In proceedings against a person for an offence under this section, it is a defence for the person to prove that the person did everything the person could be expected to do to secure that—\n(a) in a case concerning works required to cease, the works did cease; or\n(b) in a case concerning steps required to be taken, the steps were taken.\n(6) In proceedings against a person for an offence under this section, it is a defence for the person to prove that the person did not know, and could not reasonably have been expected to know, of the existence of the scheduled monument enforcement notice.\n(7) A person guilty of an offence under this section is liable on summary conviction, or on conviction on indictment, to a fine.\n(8) In determining the amount of a fine to be imposed on a person convicted under this section, the court must in particular have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the execution of the works to which the scheduled monument enforcement notice relates.\n\n9ZHEffect of scheduled monument consent on notice\n\n(1) This section applies if, after the issue of a scheduled monument enforcement notice, consent is granted under section 2(3A)—\n(a) for the retention of any work to which the notice relates; or\n(b) permitting the retention of works without complying with a condition subject to which a previous scheduled monument consent was granted.\n(2) The notice ceases to have effect in so far as it—\n(a) requires the work or works to cease;\n(b) requires steps to be taken involving the works not being retained; or\n(c) requires steps to be taken for complying with that condition.”\n(2) In section 46 of that Act (compensation for damage caused by exercise of certain powers), in subsection (3), after “section 6, 6A,” insert “ 9ZF, ”.\n\n13 Temporary stop notices\n(1) In the Ancient Monuments and Archaeological Areas Act 1979 (c.46), after section 9ZH (inserted by section 12) insert—\n\n“Scheduled monuments: temporary stop notices\n\n9ZITemporary stop notice\n\n(1) This section applies where it appears to the Welsh Ministers that works affecting a scheduled monument situated in Wales or land in, on or under which there is such a scheduled monument have been or are being carried out in contravention of section 2(1) or (6).\n(2) The Welsh Ministers may issue a notice under this section (referred to in this Part as a “temporary stop notice”) if, having regard to the effect of the works on the monument as one of national importance, they consider that it is expedient that the works are stopped immediately (or that part of them is).\n(3) A temporary stop notice must be in writing and must—\n(a) specify the works in question;\n(b) prohibit execution of the works (or so much of them as is specified in the notice);\n(c) set out the Welsh Ministers' reasons for issuing the notice; and\n(d) include a statement of the effect of section 9ZK.\n(4) A temporary stop notice may be served on a person who appears to the Welsh Ministers—\n(a) to be carrying out the works or causing them to be carried out; or\n(b) to have an interest in the monument or land.\n(5) The Welsh Ministers must display a copy of the notice on the monument or land (except where doing so might damage the monument, in which case it is sufficient to display the notice in a prominent position as close to the monument or land as is reasonably practicable); and the copy must specify the date on which it is first displayed.\n(6) A temporary stop notice takes effect when the copy of it is first displayed in accordance with subsection (5).\n(7) A temporary stop notice ceases to have effect—\n(a) at the end of the period of 28 days beginning with the day on which the copy of it is first displayed in accordance with subsection (5); or\n(b) if the notice specifies a shorter period beginning with that day, at the end of that period.\n(8) But if the Welsh Ministers withdraw the notice before the time when it would otherwise cease to have effect under subsection (7), the notice ceases to have effect on its withdrawal.\n(9) The Welsh Ministers may not issue a subsequent temporary stop notice in relation to the same works unless they have, since issuing the previous notice, taken other enforcement action in relation to the contravention referred to in subsection (1).\n(10) The reference in subsection (9) to taking other enforcement action includes a reference to obtaining an injunction under section 9ZM.\n\n9ZJTemporary stop notice: power of entry\n\nA person duly authorised in writing by the Welsh Ministers may at any reasonable time enter any land for any of the following purposes?—\n(a) ascertaining whether a temporary stop notice should be served;\n(b) securing the display of a temporary stop notice or securing that it is affixed for the purposes of service in accordance with section 56(2)(b);\n(c) ascertaining whether a temporary stop notice has been complied with;\n(d) considering a claim for compensation under section 9ZL.\n\n9ZKTemporary stop notice: offence\n\n(1) A person is guilty of an offence if the person contravenes, or causes or permits a contravention of, a temporary stop notice—\n(a) which has been served on the person; or\n(b) a copy of which has been displayed in accordance with section 9ZI(5).\n(2) An offence under this section may be charged by reference to a day or to some longer period; accordingly, a person may, in relation to the same temporary stop notice, be convicted of more than one offence under this section by reference to different periods.\n(3) In proceedings against a person for an offence under this section, it is a defence for the person to prove that the person did not know, and could not reasonably have been expected to know, of the existence of the temporary stop notice.\n(4) In proceedings against a person for an offence under this section, it is a defence for the person to prove—\n(a) that the works were urgently necessary in the interests of safety or health; and\n(b) that notice in writing of the need for the works was given to the Welsh Ministers as soon as reasonably practicable.\n(5) A person guilty of an offence under this section is liable on summary conviction, or on conviction on indictment, to a fine.\n(6) In determining the amount of a fine to be imposed on a person convicted under this section, the court must in particular have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence.\n\n9ZLTemporary stop notice: compensation\n\n(1) A person who, on the day when a temporary stop notice is first displayed in accordance with section 9ZI(5), has an interest in the monument or land concerned is, on making a claim to the Welsh Ministers within the prescribed time and manner, entitled to be paid compensation by them in respect of any loss or damage directly attributable to the effect of the notice.\n(2) But subsection (1) applies only if—\n(a) the works specified in the notice do not contravene section 2(1) or (6); or\n(b) the Welsh Ministers withdraw the notice other than following the grant of scheduled monument consent, after the day mentioned in subsection (1), which authorises the works.\n(3) The loss or damage in respect of which compensation is payable under this section includes a sum payable in respect of a breach of contract caused by the taking of action necessary to comply with the notice.\n(4) No compensation is payable under this section in the case of loss or damage suffered by a claimant if—\n(a) the claimant was required to provide information under section 57, and\n(b) the loss or damage could have been avoided if the claimant had provided the information or otherwise co-operated with the Welsh Ministers when responding to the notice.”\n(2) In section 27 of that Act (general provisions as to compensation for depreciation under Part 1 of the Act), in subsection (2), after “section 1AD, 7, 9” (inserted by section 4) insert “ or 9ZL ”.\n(3) In section 44 of that Act (supplementary provisions with respect to powers of entry), in subsection (2), at the end insert—\n“, or in relation to the power of entry under section 9ZJ of this Act where it is exercised for any of the purposes mentioned in paragraphs (a) to (c) of that section.”\n(4) In section 46 of that Act (compensation for damage caused by exercise of certain powers), in subsection (3), after “9ZF,” (inserted by section 12) insert “ 9ZJ, ”.\n(5) In section 51 of that Act (ecclesiastical property), in subsection (3), after “1AD,” (inserted by section 4) insert “ 9ZL, ”.\n\n14 Injunctions\nIn the Ancient Monuments and Archaeological Areas Act 1979 (c.46), after section 9ZL (inserted by section 13) insert—\n\n“Scheduled monuments: injunctions\n\n9ZMInjunctions\n\n(1) This section applies where the Welsh Ministers consider it necessary or expedient for any actual or apprehended contravention of section 2(1) or (6) in respect of a scheduled monument situated in Wales or land in, on or under which there is such a scheduled monument to be restrained by injunction.\n(2) The Welsh Ministers may apply to the High Court or the county court for an injunction, whether or not they have exercised or are proposing to exercise any of their other powers under this Act.\n(3) On an application under subsection (2), the court may grant such an injunction as it thinks appropriate for the purpose of restraining the contravention.”\n\nModifications relating to offences\n\n15 Control of works affecting scheduled monuments\n(1) Section 2 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (control of works affecting scheduled monuments) is amended as follows.\n(2) In subsection (8), after “works within subsection (2)(a) or (c) above” insert “ which have been executed in relation to a scheduled monument situated in England or land in, on or under which there is such a scheduled monument ”.\n(3) After that subsection insert—\n“(8A)In any proceedings for an offence under this section in relation to works within subsection (2)(a) or (c) which have been executed in relation to a scheduled monument situated in Wales or land in, on or under which there is such a scheduled monument, it is a defence for the accused to prove that, before executing the works or before causing or permitting their execution (as the case may be), the accused?—\n(a) had taken all reasonable steps to find out whether there was a scheduled monument in the area affected by the works; and\n(b) did not know, and had no reason to believe, that the monument was within the area affected by the works or (as the case may be) that it was a scheduled monument.”\n\n16 Damaging certain ancient monuments\n(1) Section 28 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (offence of damaging certain ancient monuments) is amended as follows.\n(2) In subsection (1), after “any protected monument” insert “ situated in England ”.\n(3) After that subsection insert—\n“(1A)A person who without lawful excuse destroys or damages a protected monument situated in Wales is guilty of an offence if the person—\n(a) knew or ought reasonably to have known that it was a protected monument; and\n(b) intended to destroy or damage the monument or was reckless as to whether the monument would be damaged or destroyed.”\n\n17 Restrictions on use of metal detectors\n(1) Section 42 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (restrictions on use of metal detectors) is amended as follows.\n(2) In subsection (7), after “an offence under subsection (1) or (3) above” insert “ relating to a protected place situated in England ”.\n(3) After that subsection insert—\n“(8)In proceedings for an offence under subsection (1) or (3) relating to a protected place situated in Wales, it is a defence for the accused to prove that the accused—\n(a) had taken all reasonable steps to find out whether the place in which the metal detector was used was a protected place; and\n(b) did not know, and had no reason to believe, that the place was a protected place.”\n\nHistoric parks and gardens\n\n18 Register of historic parks and gardens\n(1) At the beginning of Part 3 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (miscellaneous provisions) insert—\n\n“Register of historic parks and gardens in Wales\n\n41ARegister of historic parks and gardens in Wales\n\n(1) The Welsh Ministers must compile and maintain a register (to be known as “the register of historic parks and gardens”) of such of the following grounds in Wales as appear to them to be of special historic interest—\n(a) parks;\n(b) gardens;\n(c) designed ornamental landscapes;\n(d) places of recreation;\n(e) other designed grounds.\n(2) The Welsh Ministers must decide whether, or to what extent, it would be appropriate to include as part of the registration of grounds of a description referred to in subsection (1)—\n(a) any building or water on, or adjacent or contiguous to, those grounds; or\n(b) any land adjacent or contiguous to those grounds.\n(3) For the purpose of maintaining the register, the Welsh Ministers may from time to time modify it by—\n(a) adding an entry;\n(b) removing an entry; or\n(c) amending an entry.\n(4) As soon as reasonably practicable after including grounds in the register or modifying the register, the Welsh Ministers must inform—\n(a) the owner of the grounds in question;\n(b) if the owner is not the occupier, the occupier; and\n(c) each local authority or National Park authority in whose area the grounds are situated.\n(5) Where the Welsh Ministers include grounds in the register or modify the register under subsection (3)(a) or (c), the duty to inform under subsection (4) also includes a duty to send each of the persons concerned a copy of the entry or modified entry (as the case may be).\n(6) The Welsh Ministers must publish the up-to-date register in such manner as they think appropriate.”\n(2) In section 50 of that Act (application of Act to Crown land), after subsection (3) insert—\n“(3A)Crown land may be included in the register of historic parks and gardens (see section 41A).”\n\nMiscellaneous\n\n19 Land believed to contain an ancient monument: power of entry\nIn section 26 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (power of entry on land believed to contain ancient monument), at the end insert—\n“(4)But subsection (3) does not apply in relation to excavations in the land by a person authorised by the Welsh Ministers under subsection (1) if the Welsh Ministers know or have reason to believe that an ancient monument they know or believe to be in, on or under the land is or may be at risk of imminent damage or destruction.”\n\n20 Monuments in territorial waters\n(1) In section 53 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (monuments in territorial waters), in subsection (2), after “shall describe the monument as lying off the coast of England, or of Scotland, or of Wales; and” insert “ , subject to subsection (2B), ”.\n(2) After subsection (2) of that section insert—\n“(2A)The functions under this Act conferred on the Welsh Ministers by the Historic Environment (Wales) Act 2016 (as well as those already transferred to them) are exercisable in relation to Wales within the meaning of the Government of Wales Act 2006 (which includes the sea adjacent to Wales out as far as the seaward boundary of the territorial sea (see section 158(1) of that Act)).\n(2B) Accordingly, a monument is not to be treated by virtue of section 53(2) as being in Wales unless it is situated in Wales within the meaning of section 158(1) of the Government of Wales Act 2006.”\n\n21 Service of documents by electronic communication\n(1) In section 56 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (service of documents), in subsection (1), after paragraph (c) insert—\n“(ca)in a case where—\n(i) the notice or other document relates to a monument situated in Wales or land in Wales; and\n(ii) an address for service using electronic communications has been given by that person,\nby sending it using an electronic communication, in accordance with the condition set out in subsection (1A); or”.\n(2) After subsection (1) of that section insert—\n“(1A)The condition mentioned in subsection (1)(ca) is that the notice or document must be—\n(a) capable of being accessed by the person mentioned in that provision;\n(b) legible in all material respects; and\n(c) in a form sufficiently permanent to be used for subsequent reference;\nand for this purpose “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 or given by means of a notice or document in printed form.”\n(3) After subsection (2) of that section insert—\n“(3)In this section, “Wales” has the same meaning as in the Government of Wales Act 2006 (see section 158(1) of that Act).”\n(4) In section 61 of that Act (interpretation), in subsection (1), insert at the appropriate place?—\n““address”, in relation to electronic communications, means a number or address used for the purposes of such communications;”;\n““electronic communication” has the same meaning as in the Electronic Communications Act 2000;”.\n(5) After subsection (2A) of that section insert—\n“(2B)Where—\n(a) an electronic communication is used for the purpose of serving or giving a notice or other document on or to any person for the purposes of this Act; and\n(b) the communication is received by that person outside that person's business hours,\nit is to be treated as having been received on the next working day; and in this subsection “working day” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday.”\n\n22 Meaning of “monument” in the Ancient Monuments and Archaeological Areas Act 1979\n(1) Section 61 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (interpretation) is amended as follows.\n(2) In subsection (7)—\n(a) omit the “and” after paragraph (b);\n(b) after paragraph (c) insert “and\n(d) any site in Wales (other than one falling within paragraph (b) or (c) above) comprising any thing, or group of things, that evidences previous human activity;”.\n(3) After subsection (7) insert—\n“(7A)In subsection (7)(d) “Wales” has the meaning given by section 158(1) of the Government of Wales Act 2006.”\n\nPART 3 LISTED BUILDINGS\n\nOverview\n\n23 Overview of this Part\nThis Part is about the protection of buildings in Wales that are of special architectural or historic interest. It makes provision—\n(a) for the Welsh Ministers to consult before including a building in, or excluding a building from, a list of buildings under section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9) (“the 1990 Act”) (section 24);\n(b) to give a building statutory protection while the Welsh Ministers decide whether to include it in a list (section 24);\n(c) for the Welsh Ministers to review a decision of theirs to include a building in a list (section 24);\n(d) for the modification of the temporary listing arrangements that are initiated by the service of a building preservation notice in light of the provision mentioned in paragraphs (a) and (b) (section 25);\n(e) for the Welsh Ministers to certify that they do not intend to include a particular building in a list (section 27);\n(f) for a local planning authority or the Welsh Ministers to enter into an agreement with the owner of a listed building about matters such as consent for works to the building (section 28);\n(g) for a local planning authority to issue a temporary stop notice in a case involving certain works to a listed building (section 29);\n(h) to extend the scope of the urgent works that may be carried out by a local planning authority under the 1990 Act and to provide for the authority's costs in carrying out those works to be recoverable as a local land charge (section 30);\n(i) to enable the Welsh Ministers to make regulations about further steps that may be taken to secure the proper preservation of listed buildings in Wales which have fallen into disrepair (section 31);\n(j) to enable certain notices and other documents relating to listed buildings to be served by electronic communication (section 32);\n(k) in relation to the determination of certain appeals relating to listed buildings by persons appointed by the Welsh Ministers (section 33).\n\nListing of buildings of special architectural or historic interest\n\n24 Amendments relating to the listing of buildings\n(1) After section 2 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9) insert—\n\n“2ADuty to consult on certain changes to lists\n(1) This section applies where the Welsh Ministers are proposing to—\n(a) include a building in a list compiled or approved under section 1; or\n(b) exclude a building from such a list.\n(2) The Welsh Ministers must—\n(a) serve a notice of the proposed inclusion or exclusion on the appropriate persons; and\n(b) invite those persons to submit written representations about the proposal.\n(3) The appropriate persons are—\n(a) the owner and occupier of the building;\n(b) the local planning authority in whose area the building is situated; and\n(c) such other persons or bodies of persons as appear to the Welsh Ministers appropriate as having special knowledge of, or interest in, buildings of architectural or historic interest.\n(4) A notice under subsection (2) must—\n(a) specify the proposed inclusion or exclusion;\n(b) specify the period within which representations about the proposal may be made, which must be at least 28 days beginning with the date on which the notice is served; and\n(c) in the case of a proposed inclusion—\n(i) include a statement of the effect of section 2B; and\n(ii) specify the date on which interim protection takes effect under subsection (2) of that section.\n(5) The Welsh Ministers may by regulations amend subsection (3) by adding a description of person to the list of appropriate persons in that subsection; and where the Welsh Ministers do so, they may also make such amendments to this Act as they consider appropriate in consequence of the amendment to subsection (3).\n\n2BInterim protection pending certain listing decisions\n(1) This section applies where the Welsh Ministers consult under section 2A on a proposal to include a building in a list compiled or approved under section 1.\n(2) The provisions of this Act (other than sections 47 to 51 and 59) and the principal Act have effect in relation to the building, from the beginning of the day specified in the notice for the purposes of section 2A(4)(c)(ii), as if the building were a listed building.\n(3) The protection conferred upon a building by virtue of subsection (2) is referred to in this Act as “interim protection”.\n(4) Interim protection conferred by virtue of subsection (2) ceases to have effect—\n(a) where the Welsh Ministers include the building in a list compiled or approved under section 1, from the beginning of the day specified in the notice for the purposes of section 2D(2)(b); and\n(b) where the Welsh Ministers decide not to include the building in such a list, from the beginning of the day specified in a notice issued to—\n(i) the owner and occupier of the building; and\n(ii) the local planning authority in whose area the building is situated.\n(5) The Welsh Ministers—\n(a) must publish by electronic means a list containing particulars of each building in relation to which interim protection has effect; and\n(b) must, on request, provide a copy of the notice served under section 2A(2) in respect of such a building.\n\n2CProvisions applicable on lapse of interim protection\nSchedule 1A has effect as respects the lapse of interim protection.\n\n2DReview of certain listing decisions\n(1) This section applies where the Welsh Ministers include a building in a list compiled or approved under section 1.\n(2) As soon as possible after amending the list to include the building, the Welsh Ministers must serve on the owner and occupier of the building a notice which—\n(a) states that the Welsh Ministers have included the building in the list;\n(b) specifies the date on which the Welsh Ministers did so (and on which interim protection under section 2B(2) ceased to have effect); and\n(c) states that the owner or occupier may make an application to the Welsh Ministers requesting them to review their decision to do so.\n(3) Where an owner or occupier of the building makes such an application, the Welsh Ministers must—\n(a) carry out the review requested;\n(b) make a decision on the review; and\n(c) make such amendment to the list as they consider appropriate to give effect to that decision.\n(4) Except as provided in sections 62 and 63, the validity of a decision of the Welsh Ministers on the review is not to be questioned in any legal proceedings.\n(5) The Welsh Ministers must carry out a review under this section in such one or more of the following ways as appears to them to be appropriate—\n(a) by means of a local inquiry;\n(b) by means of a hearing;\n(c) on the basis of written representations.\n(6) The Welsh Ministers must by regulations make provision about—\n(a) the grounds on which an application for a review under this section may be made;\n(b) the form and manner in which such an application must be made;\n(c) the information that must be provided to, or may be required by, the Welsh Ministers in connection with such an application; and\n(d) the period within which such an application must be made.\n(7) The Welsh Ministers may by regulations make further provision in connection with reviews under this section.\n(8) Schedule 1B applies to reviews under this section.”\n(2) In section 9 of that Act (offences), after subsection (3) insert—\n“(3A)In proceedings for an offence under this section in relation to a building on which interim protection is conferred (which is, as a result of section 2B(2), treated as a listed building)—\n(a) it is a defence for the person to show that the person did not know, and could not reasonably have been expected to know, that interim protection had been conferred on the building; and\n(b) where the defence is raised by a person on whom a notice should have been served under section 2A(2), it is for the prosecution to prove that the notice was served on that person.”\n(3) After section 28A of that Act insert—\n\n“28BCompensation for loss or damage caused by interim protection\n(1) This section applies where interim protection in respect of a building ceases to have effect as a result of the issue of a notice by the Welsh Ministers under section 2B(4)(b).\n(2) Any person who, at the time when the interim protection took effect, had an interest in the building is, on making a claim to the Welsh Ministers within the prescribed time and in the prescribed manner, entitled to be paid compensation by the Welsh Ministers in respect of any loss or damage directly attributable to the effect of the protection.\n(3) The loss or damage in respect of which compensation is payable under subsection (2) includes a sum payable in respect of any breach of contract caused by the necessity of discontinuing or countermanding any works to the building on account of the interim protection having effect.”\n(4) After Schedule 1 to that Act insert the Schedules 1A and 1B set out in Schedule 2 to this Act.\n\n25 Amendments relating to the temporary listing of buildings\n(1) In section 3 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9) (temporary listing: building preservation notices), in the opening words of subsection (1), for the words from the beginning to “county planning authority,” substitute “ If it appears to a local planning authority in England who are not a county planning authority ”.\n(2) In the heading to that section, after “listing” insert “ in England ”.\n(3) After that section insert—\n\n“3ATemporary listing in Wales: building preservation notices\n(1) If it appears to a local planning authority in Wales that a building in their area which is not a listed building (and which is not treated as such by virtue of section 2B(2))—\n(a) is of special architectural or historic interest; and\n(b) is in danger of demolition or of alteration in such a way as to affect its character as a building of such interest,\nthey may serve a notice on the owner and occupier of the building (in this Act referred to as a “building preservation notice”).\n(2) A building preservation notice under this section must—\n(a) state that the building appears to them to be of special architectural or historic interest and that they have requested the Welsh Ministers to consider including it in a list compiled or approved under section 1; and\n(b) explain the effect of subsections (3) to (5) and Schedule 2.\n(3) A building preservation notice under this section—\n(a) comes into force as soon as it has been served on both the owner and occupier of the building to which it relates; and\n(b) subject to subsection (4), remains in force for six months from the date when it is served or, as the case may be, last served.\n(4) A building preservation notice under this section ceases to be in force⁠—\n(a) if interim protection under section 2B(2) takes effect in relation to the building; or\n(b) if the Welsh Ministers notify the local planning authority in writing that they do not intend to consult under section 2A on a proposal to include the building in a list compiled or approved under section 1.\n(5) While a building preservation notice under this section is in force with respect to a building, the provisions of this Act (other than sections 47 to 51 and 59) and the principal Act have effect in relation to the building as if it were a listed building.\n(6) If, following the service of a building preservation notice under this section, interim protection under section 2B(2) takes effect in relation to the building, anything done by virtue of subsection (5) is to be treated as having been done by virtue of section 2B(2).\n(7) If, following the service of a building preservation notice under this section, the Welsh Ministers notify the local planning authority that they do not intend to consult under section 2A on a proposal to include the building in a list compiled or maintained under section 1, the authority must immediately give notice of that decision to the owner and occupier of the building.\n(8) Where such a notification is given by the Welsh Ministers, no further building preservation notice in respect of the building may be served by the local planning authority within the period of 12 months beginning with the date of the notification.”\n(4) In section 28B of that Act (compensation for loss or damage caused by interim protection) (inserted by section 24), at the end insert—\n“(4)Subsection (5) applies where—\n(a) a building preservation notice was in force in respect of the building before interim protection took effect; and\n(b) the notice ceased to be in force by virtue of section 3A(4)(a).\n(5) In such a case—\n(a) the reference in subsection (2) to the time when the interim protection took effect is to be treated as a reference to the time when the building preservation notice came into force;\n(b) the reference in that subsection to loss or damage directly attributable to the effect of the interim protection is to be treated as including a reference to loss or damage directly attributable to the effect of the building preservation notice being in force; and\n(c) the reference in subsection (3) to the necessity of discontinuing or countermanding works on account of the interim protection having effect is to be treated as including a reference to the necessity of discontinuing or countermanding works on account of the building preservation notice being in force.”\n(5) In section 29 of that Act (compensation for loss or damage caused by service of building preservation notice)—\n(a) in subsection (1), after “a building preservation notice” insert “ in respect of a building situated in England ”, and\n(b) after that subsection insert—\n“(1A)This section also applies where a building preservation notice in respect of a building situated in Wales ceases to have effect by virtue of section 3A(3)(b) or (4)(b).”\n(6) In Schedule 2 to that Act (lapse of building preservation notice), in paragraph 1—\n(a) omit the “or” after paragraph (a), and\n(b) after paragraph (b) insert—\n“(c)the expiry of the six month period mentioned in subsection (3)(b) of section 3A; or\n(d) the service of a notification by the Welsh Ministers under subsection (4)(b) of that section.”\n\n26 Amendments relating to the listing of buildings: consequential provision\n(1) In section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9) (listing of buildings of special architectural or historic interest)—\n(a) in subsection (4)—\n(i) in the opening words, after “any list under this section” insert “ in relation to buildings which are situated in England ”, and\n(ii) in paragraph (a), omit “in relation to buildings which are situated in England,”, and\n(b) after subsection (4) insert—\n“(4A)Section 2A makes provision about consultation on amendments of any list under this section to include or exclude a building which is situated in Wales.”\n(2) In section 2 of that Act (publication of lists), in subsection (3)—\n(a) in the opening words—\n(i) after “any building”, in the first place it occurs, insert “ situated in England ”, and\n(ii) for “any building”, in the second place it occurs, substitute “ any such building ”, and\n(b) in paragraph (a), omit “, Welsh county, county borough,”.\n(3) In that section, after subsection (3) insert—\n“(3A)As soon as possible after amending a list under section 1 to include or exclude a building which is situated in Wales, the Welsh Ministers—\n(a) must inform the local planning authority in whose area the building is situated of its inclusion or exclusion; and\n(b) in the case of an amendment to exclude a building, must serve a notice on every owner and occupier of the building, stating that the building has been excluded from the list.\n(3B) Section 2D makes provision about the further steps that the Welsh Ministers must take after amending a list under section 1 to include a building which is situated in Wales.”\n(4) In section 3 of that Act (temporary listing: building preservation notices)—\n(a) in the opening words of subsection (2), after “a local planning authority” insert “ under this section ”,\n(b) in the opening words of subsection (3), after “building preservation notice” insert “ under this section ”,\n(c) in the opening words of subsection (4), after “building preservation notice” insert “ under this section ”,\n(d) in subsection (5), after “building preservation notice” insert “ under this section ”, and\n(e) in subsection (6), after “building preservation notice” insert “ under this section ”.\n(5) In section 4 of that Act (temporary listing in urgent cases), in subsection (2), for “section 3,” substitute “ sections 3 and 3A, ”.\n(6) In section 5 of that Act (provisions applicable on lapse of building preservation notice)—\n(a) the existing provision becomes subsection (1), and\n(b) after that subsection insert—\n“(2)See section 3A(6) for provision as respects the lapse of building preservation notices in consequence of interim protection taking effect.”\n(7) In section 21 of that Act (appeals: supplementary provisions), in subsection (4), after “a building with respect to which” insert “ interim protection has effect or ”.\n(8) In section 31 of that Act (general provisions as to compensation for depreciation under Part 1 of the Act), in subsection (2), after “payable under sections 28” insert “ , 28B ”.\n(9) In section 60 of that Act (exceptions for ecclesiastical buildings and redundant churches), in subsection (2), after “sections 3,” insert “ 3A, ”.\n(10) In section 61 of that Act (exceptions for ancient monuments etc), in subsection (2), for “sections 3,” substitute “ sections 2B, 3, 3A, ”.\n(11) In section 62 of that Act (validity of certain orders and decisions), in subsection (2), before paragraph (a) insert—\n“(za)any decision on a review under section 2D;”.\n(12) In section 82 of that Act (application of Act to land and works of local planning authorities)—\n(a) in subsection (1), after “sections 2” insert “ to 2D, ”, and\n(b) in subsection (3)—\n(i) after “sections 1(3), (5) and (6),” insert “ 2B, 2C, ”,\n(ii) after “28,” insert “ 28B, ”, and\n(iii) after “Schedules 1” insert “ , 1A ”.\n(13) In section 88 of that Act (rights of entry), in subsection (4), after “section 28” insert “ , 28B ”.\n(14) In section 91 of that Act (interpretation), in subsection (1)—\n(a) in the definition of “building preservation notice”, for “section 3(1)” substitute “ sections 3(1) and 3A(1) ”, and\n(b) insert at the appropriate place—\n““interim protection” has the meaning given in section 2B(3);”.\n(15) In Schedule 4 to that Act (further provisions as to exercise of functions by different authorities), in paragraph 7, in sub-paragraph (1), after “sections 3,” insert “ 3A, ”.\n(16) In Schedule 6 to the Local Government (Wales) Act 1994 (c.19) (minor and consequential amendments: planning), in paragraph 25, in sub-paragraph (1), omit paragraph (b).\n\n27 Issue of certificate that building not intended to be listed\n(1) In section 6 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9) (issue of certificate that building not intended to be listed)—\n(a) omit subsection (1),\n(b) in subsection (2), omit “or (1)”, and\n(c) in subsection (3), omit “or (1)”.\n(2) In the heading to that section, after “listed” insert “ : England ”.\n(3) After that section insert—\n\n“6AIssue of certificate that building not intended to be listed: Wales\n(1) The Welsh Ministers may, on the application of any person, issue a certificate stating that the Welsh Ministers do not intend to list a building situated in Wales.\n(2) The issue of a certificate under subsection (1) in respect of a building?—\n(a) precludes the Welsh Ministers for a period of 5 years from the date of issue from exercising in relation to that building any of the powers conferred on them by section 1 or 2A; and\n(b) precludes the local planning authority for that period from serving a building preservation notice in relation to it.\n(3) Notice of an application under subsection (1) must be given to the local planning authority within whose area the building is situated at the same time as the application is submitted to the Welsh Ministers.”\n(4) In paragraph 9 of Schedule 17 to the Enterprise and Regulatory Reform Act 2013 (c.24) (heritage planning regulation), omit sub-paragraph (3).\n\nAgreements relating to listed buildings\n\n28 Heritage partnership agreements\n(1) After section 26K of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9) insert—\n\n“Buildings in Wales: heritage partnership agreements\n\n26LHeritage partnership agreements\n\n(1) A relevant local planning authority may make an agreement under this section with any owner of a listed building, or part of such a building, situated in Wales.\n(2) Any of the following may also be a party to an agreement made by a relevant local planning authority under this section (in addition to the owner and the authority)—\n(a) any other relevant local planning authority;\n(b) the Welsh Ministers;\n(c) any occupier of the listed building;\n(d) any person who has an interest in the listed building;\n(e) any person involved in the management of the listed building;\n(f) any other person who appears to the relevant planning authority appropriate as having special knowledge of, or interest in, the listed building, or in buildings of architectural or historic interest more generally.\n(3) The Welsh Ministers may make an agreement under this section with any owner of a listed building, or part of such a building, situated in Wales.\n(4) Any of the following may also be a party to an agreement made by the Welsh Ministers under this section (in addition to the owner and the Welsh Ministers)—\n(a) any relevant local planning authority;\n(b) any occupier of the listed building;\n(c) any person who has an interest in the listed building;\n(d) any person involved in the management of the listed building;\n(e) any other person who appears to the Welsh Ministers appropriate as having special knowledge of, or interest in, the listed building, or in buildings of architectural or historic interest more generally.\n(5) An agreement under this section is referred to in this section and in section 26M as a “heritage partnership agreement”.\n(6) A heritage partnership agreement may contain provision—\n(a) granting listed building consent under section 8(1) in respect of specified works for the alteration or extension of the listed building to which the agreement relates; and\n(b) specifying any conditions to which the consent is subject.\n(7) The conditions to which listed building consent may be subject under subsection (6)(b) in respect of specified works are those that could be attached to listed building consent in respect of the works if consent were to be granted under section 16.\n(8) A heritage partnership agreement may also—\n(a) specify or describe works that would or would not, in the view of the parties to the agreement, affect the character of the listed building as a building of special architectural or historic interest;\n(b) make provision about the maintenance and preservation of the listed building;\n(c) make provision about the carrying out of specified works, or the doing of any specified thing, in relation to the listed building;\n(d) provide for public access to the listed building and the provision to the public of associated facilities, information or services;\n(e) restrict access to, or use of, the listed building;\n(f) prohibit the doing of any specified thing in relation to the listed building;\n(g) provide for a relevant local planning authority or the Welsh Ministers to make payments of specified amounts and on specified terms—\n(i) for, or towards, the costs of any works provided for under the agreement; or\n(ii) in consideration of any restriction, prohibition or obligation accepted by any other party to the agreement.\n(9) In this section “specified” means specified or described in the heritage partnership agreement.\n(10) In this section and in section 26M—\n  * “owner”, in relation to a listed building or part of such a building, means a person who is for the time being—\n    (a) the estate owner in respect of the fee simple in the building or part; or\n    (b) entitled to a tenancy of the building or part granted or extended for a term of years certain of which not less than 7 years remain unexpired;\n  * “relevant local planning authority”, in relation to a listed building, means a local planning authority in whose area the building or any part of the building is situated.\n\n26MHeritage partnership agreements: supplemental\n\n(1) A heritage partnership agreement—\n(a) must be in writing;\n(b) must make provision for the parties to review its terms at intervals specified in the agreement;\n(c) must make provision for its termination and variation; and\n(d) may contain incidental and consequential provision.\n(2) A heritage partnership agreement may relate to more than one listed building or part of such a building, provided that the following are parties to the agreement in each case—\n(a) a relevant local planning authority or the Welsh Ministers; and\n(b) an owner of the building or part.\n(3) The Welsh Ministers must by regulations make provision—\n(a) about the consultation that must take place before a heritage partnership agreement is made or varied;\n(b) about the publicity that must be given to a heritage partnership agreement before or after it is made or varied;\n(c) specifying terms that must be included in a heritage partnership agreement;\n(d) enabling the Welsh Ministers to terminate by order a heritage partnership agreement or any provision of such an agreement; and\n(e) enabling any local planning authority who is a party to the heritage partnership agreement to terminate the agreement, or any provision of the agreement, by order.\n(4) Regulations under subsection (3)(d) or (e) may specify the provision that may be included in orders made by virtue of those paragraphs, including provision enabling such orders to contain supplementary, incidental, transitory, transitional or saving provision.\n(5) The Welsh Ministers may by regulations make provision—\n(a) disapplying, or applying or reproducing with or without modifications, any provision of sections 10 to 13, 15 to 26, 28, and 38 to 46 for the purposes of heritage partnership agreements;\n(b) providing for any of the following, as they apply for the purposes of provisions mentioned in paragraph (a), to apply with any modifications consequential on provision made under that paragraph—\n(i) sections 30 to 37;\n(ii) sections 62 and 63;\n(iii) Parts 3 and 4;\n(iv) Schedule 3.\n(6) A heritage partnership agreement cannot impose any obligation or liability, or confer any right, on a person who is not a party to the agreement (and, accordingly, listed building consent granted by such an agreement enures only for the benefit of the parties to the agreement).”\n(2) In section 91 (interpretation), in subsection (2), in the closing words, after “but this subsection does not affect the meaning of owner in section 11” insert “ , 26L or 26M ”.\n\nListed buildings: enforcement\n\n29 Temporary stop notices\n(1) After section 44A of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9) insert—\n\n“44BTemporary stop notices\n(1) This section applies where it appears to a local planning authority in Wales that—\n(a) works have been or are being executed to a listed building in their area; and\n(b) the works are such as to involve a contravention of section 9(1) or (2).\n(2) The authority may issue a temporary stop notice if, having regard to the effect of the works on the character of the building as one of special architectural or historic interest, they consider it is expedient that the works are stopped immediately (or that part of them is).\n(3) A temporary stop notice must be in writing and must—\n(a) specify the works in question;\n(b) prohibit execution of the works (or so much of them as is specified in the notice);\n(c) set out the authority's reasons for issuing the notice; and\n(d) include a statement of the effect of section 44C.\n(4) A temporary stop notice may be served on a person who appears to the authority—\n(a) to be executing the works or causing them to be executed; or\n(b) to have an interest in the building.\n(5) The authority must display a copy of the notice on the building; and the copy must specify the date on which it is first displayed.\n(6) A temporary stop notice takes effect when the copy of it is first displayed in accordance with subsection (5).\n(7) A temporary notice ceases to have effect—\n(a) at the end of the period of 28 days beginning with the day on which the copy of it is first displayed in accordance with subsection (5); or\n(b) if the notice specifies a shorter period beginning with that day, at the end of that period.\n(8) But if the authority withdraws the notice before the time when it would otherwise cease to have effect under subsection (7), the notice ceases to have effect on its withdrawal.\n(9) A local planning authority may not issue a subsequent temporary stop notice in relation to the same works unless the authority have, since issuing the previous notice, taken other enforcement action in relation to the contravention referred to in subsection (1)(b).\n(10) The reference in subsection (9) to taking other enforcement action includes a reference to obtaining an injunction under section 44A.\n(11) A temporary stop notice does not prohibit the execution of works of such description, or the execution of works in such circumstances, as the Welsh Ministers may by regulations prescribe.\n\n44CTemporary stop notices: offence\n(1) A person is guilty of an offence if the person contravenes, or causes or permits a contravention of, a temporary stop notice—\n(a) which has been served on the person; or\n(b) a copy of which has been displayed in accordance with section 44B(5).\n(2) An offence under this section may be charged by reference to a day or to some longer period; accordingly, a person may, in relation to the same temporary stop notice, be convicted of more than one offence under this section by reference to different periods.\n(3) In proceedings against a person for an offence under this section, it is a defence for the person to show that the person did not know, and could not reasonably have been expected to know, of the existence of the temporary stop notice.\n(4) In proceedings against a person for an offence under this section, it is also a defence for the person to show—\n(a) that works to the building were urgently necessary in the interests of safety or health or for the preservation of the building;\n(b) that it was not practicable to secure safety or health or, as the case may be, the preservation of the building by works of repair or works for affording temporary support or shelter;\n(c) that the works carried out were limited to the minimum measures immediately necessary; and\n(d) that notice in writing justifying in detail the carrying out of the works was given to the local planning authority as soon as reasonably practicable.\n(5) A person guilty of an offence under this section is liable on summary conviction, or on conviction on indictment, to a fine.\n(6) In determining the amount of a fine to be imposed on a person convicted under this section, the court must in particular have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence.\n\n44DTemporary stop notices: compensation\n(1) A person who, on the day when a temporary stop notice is first displayed in accordance with section 44B(5), has an interest in the building is, on making a claim to the local planning authority within the prescribed time and in the prescribed manner, entitled to be paid compensation by the authority in respect of any loss or damage directly attributable to the effect of the notice.\n(2) But subsection (1) applies only if—\n(a) the works specified in the notice are not such as to involve a contravention of section 9(1) or (2); or\n(b) the authority withdraws the notice other than following the grant of listed building consent, after the day mentioned in subsection (1), which authorises the works.\n(3) The loss or damage in respect of which compensation is payable under this section includes a sum payable in respect of a breach of contract caused by the taking of action necessary to comply with the notice.\n(4) No compensation is payable under this section in the case of loss or damage suffered by a claimant if—\n(a) the claimant was required to provide information under a relevant provision; and\n(b) the loss or damage could have been avoided if the claimant had provided the information or had otherwise co-operated with the planning authority when responding to the notice.\n(5) In subsection (4)(a), each of the following is a relevant provision—\n(a) section 16 of the Local Government (Miscellaneous Provisions) Act 1976;\n(b) section 330 of the principal Act.”\n(2) In section 31 of that Act (general provisions as to compensation for depreciation under Part 1 of the Act), in subsection (2), for “and 29” substitute “ , 29 and 44D ”.\n(3) In section 82A(2) of that Act (Crown application: exceptions), after paragraph (f) insert—\n“(fa)section 44C;”.\n(4) In section 88 of that Act (rights of entry), after subsection (3) insert—\n“(3A)Any person duly authorised in writing by a local planning authority in Wales may at any reasonable time enter any land for any of the following purposes—\n(a) securing the display of a temporary stop notice (see section 44B);\n(b) ascertaining whether a temporary stop notice is being complied with;\n(c) considering any claim for compensation under section 44D.”\n(5) In subsection (4) of that section (entry by Valuation Office etc in connection with compensation claims), for “or 29” substitute “ , 29 or 44D ”.\n(6) In section 88B of that Act (rights of entry: supplementary provisions), after subsection (1) insert—\n“(1A)Subsection (1) does not apply to a person authorised under section 88(3A) who intends to enter the land for either of the purposes mentioned in paragraphs (a) and (b) of that subsection.”\n(7) In Schedule 2 to that Act (lapse of building preservation notices)—\n(a) in paragraph 2, for “or 43” substitute “ , 43 or 44C ”, and\n(b) after paragraph 4 insert—\n\nAny temporary stop notice served by the local planning authority with respect to the building while the building preservation notice was in force ceases to have effect.”\n(8) In Schedule 4 to that Act (further provisions as to exercise of functions by different authorities), in paragraph 7, in sub-paragraph (1), after “42,” insert “ 44D, ”.\n\nPrevention of deterioration or damage to listed buildings\n\n30 Urgent works: extension of scope and recovery of costs\n(1) In section 54 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9) (urgent works to preserve listed buildings), in subsection (4), after “If” insert “ , in the case of a building in England, ”.\n(2) After that subsection insert—\n“(4A)If, in the case of a building in Wales, the whole or part of the building is in residential use, works may be carried out only where they would not interfere unreasonably with that use.”\n(3) After subsection (5) insert—\n“(5A)Where the works are to be executed to a building in Wales the whole or part of which is in residential use, the occupier of the building must also be given not less than seven days' notice in writing of the intention to carry out the works.”\n(4) In subsection (6), after “subsection (5)” insert “ or (5A) ”.\n(5) In the heading to that section, omit “unoccupied”; and in the heading to section 76 of that Act (which enables the Welsh Ministers to direct that section 54 of that Act is to apply to buildings in conservation areas), omit “unoccupied”.\n(6) In section 55 of that Act (recovery of expenses), after subsection (5) insert—\n“(5A)Where the Welsh Ministers make a determination under subsection (4), the owner of the building or (if it is given notice under subsection (5)) the local authority may, within 28 days of the service of the notice under subsection (5), appeal to the county court against the decision.\n(5B) In the case of a building in Wales, as from the time when the notice under subsection (2) becomes operative, the expenses which an authority may recover under this section carry interest at such rate as the Welsh Ministers may prescribe by order until recovery of all sums due under this section; and the expenses and any interest are recoverable by the authority as a debt.\n(5C) As from that time, the expenses and any interest are, until recovery, a charge on the land on which the building stands.\n(5D) The charge takes effect at that time as a legal charge which is a local land charge.\n(5E) For the purpose of enforcing the charge, the authority have the same powers and remedies under the Law of Property Act 1925 and otherwise as if they were a mortgagee by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver.\n(5F) The power of appointing a receiver is exercisable at any time after the end of the period of one month beginning with the date on which the charge takes effect.\n(5G) For the purposes of subsections (5B) to (5F), the notice becomes operative—\n(a) where no representations are made under subsection (4) within the period referred to in that subsection, at the end of that period;\n(b) where representations are made as mentioned in paragraph (a) but no appeal against the determination under subsection (4) is made under subsection (5A) within the period referred to in that subsection, at the end of that period;\n(c) where an appeal is made as mentioned in paragraph (b) and the decision on the appeal confirms the determination under subsection (4) (with or without variation), at the time of the decision;\n(d) where an appeal is made as mentioned in paragraph (b) but is withdrawn, at the time of the withdrawal.”\nProspective\n\n31 Preservation of listed buildings in disrepair\n(1) After section 56 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9) insert—\n\n“Further provision about preservation\n\n56APreservation of listed buildings in disrepair\n\n(1) The Welsh Ministers may by regulations make provision about further steps that may be taken by local authorities or the Welsh Ministers to secure the proper preservation of listed buildings in Wales which have fallen into disrepair, and about connected matters.\n(2) Regulations under this section may, among other things, make provision for—\n(a) the service of a notice (a “preservation notice”) on the owner of a listed building in Wales which has fallen into disrepair, specifying—\n(i) the works which the owner must execute to secure the proper preservation of the building; and\n(ii) the time by which such works must be executed;\n(b) appeals against preservation notices;\n(c) offences for failure to comply with preservation notices;\n(d) appeals in respect of such offences.\n(3) Regulations under this section may disapply, or apply or reproduce with or without modifications, any provision of this Act.\n(4) Regulations under this section may amend this Act.”\n(2) In section 82A of that Act (application to the Crown), in subsection (2), after paragraph (h) insert—\n“(ha)section 56A;”.\n(3) In section 88 of that Act (rights of entry), in subsection (2)—\n(a) in paragraph (a), after “55,” insert “ 56A, ”, and\n(b) in paragraph (c), after “section 9, 11, 26J or 43” insert “ or under regulations made under section 56A ”.\n(4) In Schedule 7 to the Regulatory Enforcement and Sanctions Act 2008 (c.13) (power under specified enactments to include power to make provision for civil sanctions) at the appropriate place insert— “ Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9), section 56A ”.\n\nMiscellaneous\n\n32 Service of documents by electronic communication\nIn section 89 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9) (application of certain general provisions of principal Act), in subsection (1A), at the beginning insert “ In the case of a building situated in England, ”.\n\n33 Determination of appeals by appointed person: supplementary provision\n(1) In Schedule 3 to the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9) (determination of certain appeals by person appointed by Welsh Ministers), in paragraph 7, in sub-paragraph (2)—\n(a) in the opening words, omit “or the Welsh Office”; and\n(b) omit paragraph (b) and the preceding “and”.\n(2) In that paragraph of that Schedule, after sub-paragraph (2) insert—\n“(3)Where an appointed person is a member of the staff of the Welsh Government, the functions of determining an appeal and doing anything in connection with it conferred on the person by this Schedule are to be treated for the purposes of the Public Services Ombudsman (Wales) Act 2005 as functions of the Welsh Government.”\n\nPART 4 MISCELLANEOUS\n\nHistoric place names\n\n34 List of historic place names\nThe Welsh Ministers must compile and maintain a list of historic place names in Wales.\n\nHistoric environment records\n\n35 Historic environment records\n(1) The Welsh Ministers must compile and keep up to date a historic environment record for each local authority area in Wales.\n(2) A historic environment record is a record which provides—\n(a) details of every building in the authority's area which is included in a list compiled or approved under section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9),\n(b) details of every conservation area in the authority's area which is designated under section 69 of that Act,\n(c) details of every monument in the authority's area which is included in the Schedule compiled and maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46),\n(d) details of each of the grounds in the authority's area which are included in the register of historic parks and gardens compiled and maintained under section 41A of that Act,\n(e) details of every conflict site in the authority's area which the Welsh Ministers consider to be of historic interest,\n(f) where a public authority (whether by itself or jointly with other persons) maintains a list of historic landscapes in Wales, details of every historic landscape in the local authority's area which is included in the list,\n(g) details of every world heritage site in the authority's area,\n(h) details of every other area or site or other place in the authority's area which the authority or the Welsh Ministers consider to be of local historic, archaeological or architectural interest,\n(i) information about the way in which the historic, archaeological or architectural development of the authority's area, or any part of it, has contributed to the present character of the area or part and about how that character may be preserved,\n(j) details of relevant investigations carried out in the authority's area and of the findings of those investigations, and\n(k) a means of accessing details of every historic place name in the authority's area which is included in the list compiled and maintained under section 34.\n(3) In subsection (2)(e), “conflict site” means—\n(a) a battlefield or a site on which some other conflict involving military forces took place, or\n(b) a site on which significant activities relating to a battle or other such conflict as is mentioned in paragraph (a) occurred.\n(4) In subsection (2)(f), “public authority” means a person certain of whose functions are functions of a public nature.\n(5) In subsection (2)(g), “world heritage site” means a site or other place or other thing which is cultural heritage or natural heritage within the meaning of the World Heritage Convention and is included in the World Heritage List mentioned in Article 11 of that Convention.\n(6) In subsection (5), “the World Heritage Convention” means the Convention concerning the Protection of the World Cultural and Natural Heritage adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organisation at Paris on 16 November 1972.\n(7) In subsection (2)(h), the reference to a local authority's area includes, in the case of an authority whose area includes part of the seashore, a reference to any part of the territorial sea that lies seawards from that part of the shore and forms part of Wales (within the meaning given by the Government of Wales Act 2006 (c.32)).\n(8) In subsection (2)(j), “relevant investigation”, in relation to a local authority's area, means —\n(a) an investigation by the authority or the Welsh Ministers for the purpose of obtaining information of historic, archaeological or architectural interest relating to the area, and\n(b) any other investigation for that purpose which the Welsh Ministers consider appropriate to include in the record.\n(9) The Welsh Ministers may by regulations amend this section so as to vary the meaning of “historic environment record”.\n(10) Before making regulations under subsection (9), the Welsh Ministers must consult—\n(a) each local authority in Wales, and\n(b) such other persons as the Welsh Ministers consider appropriate.\n(11) For the purposes of this section, an area or site or other place or other thing is to be regarded as being in a local authority's area if any part of it is in the area.\n(12) In this section and in section 37, “local authority” means a county council or a county borough council.\n\n36 Access to historic environment records\n(1) The Welsh Ministers—\n(a) must make each historic environment record available for public inspection in such manner as they consider appropriate;\n(b) must, where a person requests a copy of part of a historic environment record or details accessed by means of such a record, and it appears to the Welsh Ministers that the request is reasonable, provide the person with a copy of that part of the record or those details;\n(c) must make available to a person wishing to inspect a historic environment record advice on or assistance with retrieving and understanding information provided in the record or accessed by means of the record;\n(d) must, where a person requests the retrieval of information provided in a historic environment record or accessed by means of such a record and it appears to the Welsh Ministers that the request is reasonable, compile for the person a document containing the information.\n(2) In assessing for the purposes of subsection (1)(b) or (d) whether a request is reasonable, the matters which the Welsh Ministers may take into account include any previous such requests made by or on behalf of the person concerned.\n(3) The Welsh Ministers may charge a fee for—\n(a) providing a copy or details under subsection (1)(b);\n(b) providing advice or assistance under subsection (1)(c);\n(c) compiling a document under subsection (1)(d).\n(4) A fee charged under subsection (3) must be calculated by reference to the cost of providing the service to which the fee relates.\n\n37 Guidance\n(1) The Welsh Ministers must issue guidance to the bodies listed in subsection (2) on—\n(a) the manner in which the bodies may contribute to the compilation of historic environment records and assist in keeping them up to date, and\n(b) the use of historic environment records in the exercise of the bodies' functions.\n(2) The bodies are—\n(a) local authorities in Wales;\n(b) National Park authorities in Wales;\n(c) Natural Resources Wales.\n(3) The bodies listed in subsection (2) must have regard to guidance issued under this section.\n(4) Before issuing guidance under this section, the Welsh Ministers must consult—\n(a) the bodies listed in subsection (2), and\n(b) such other persons as the Welsh Ministers consider appropriate.\n(5) The Welsh Ministers must lay before the National Assembly for Wales any guidance issued under this section.\nProspective\n\nAdvisory Panel for the Welsh Historic Environment\n\n38 Establishment of Panel and work programme\n(1) The Welsh Ministers must establish a panel of persons, to be known as the Advisory Panel for the Welsh Historic Environment (“the Panel”).\n(2) The purpose of the Panel is to provide the Welsh Ministers with advice on matters relating to the formulation, development and implementation of policy and strategy in relation to the historic environment in Wales; and for this purpose “Wales” has the same meaning as in the Government of Wales Act 2006 (c.32) (see section 158(1) of that Act).\n(3) The Panel must, before each relevant financial year, publish a document (the “work programme”) setting out the matters on which it plans to provide the Welsh Ministers with advice during the period of three years comprising that financial year and the two subsequent financial years.\n(4)“Financial year” means the period of 12 months ending with 31 March; and “relevant financial year” means—\n(a) the first financial year to begin after the commencement of subsection (3), and\n(b) each third financial year afterwards.\n(5) The Panel must keep the work programme under review and may amend it in light of doing so; and where the Panel amends the work programme, it must publish it as amended.\n(6) Before publishing the work programme under subsection (3) or (5), the Panel must submit a draft of it to the Welsh Ministers; but the requirement to submit a draft amended under subsection (5) applies only in so far as the Panel considers the amendments significant.\n(7) The Welsh Ministers, having received a draft under subsection (6), may approve the draft with or without modifications.\n(8) The Panel must, at the end of each financial year, publish a document setting out the matters in the work programme on which it has provided the Welsh Ministers with advice during that financial year.\n\n39 Constitution etc\n(1) The members of the Advisory Panel for the Welsh Historic Environment are to be appointed on such terms and conditions as the Welsh Ministers determine.\n(2) The membership of the Panel must not exceed 15 persons.\n(3) The Panel is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.\n(4) The validity of an act of the Panel is not affected by a vacancy among its members.\n(5) The Welsh Ministers may pay a member of the Panel such fees, allowances or expenses as the Welsh Ministers may determine.\n(6) The Welsh Ministers may provide such staff, accommodation or other facilities as the Welsh Ministers may consider necessary to enable the Panel to carry out its functions.\n(7) A person is disqualified from membership of the Panel if the person is—\n(a) a member of the National Assembly for Wales,\n(b) a member of the House of Commons or the House of Lords,\n(c) a member of the Scottish Parliament,\n(d) a member of the Northern Ireland Assembly,\n(e) a member of the European Parliament,\n(f) a member of a county council or county borough council in Wales,\n(g) a member of a National Park authority in Wales, or\n(h) a member of staff of an organisation specified in regulations made by the Welsh Ministers.\n(8) Accordingly, a disqualified person may not be appointed as a member of the Panel; and a person appointed as such who becomes disqualified ceases to be a member.\n(9) The Welsh Ministers may dismiss a member of the Panel if satisfied that the member—\n(a) is unfit to continue as a member,\n(b) is unable or unwilling to act as a member, or\n(c) has brought the Panel into disrepute.\n(10) A member of the Panel may resign by giving not less than three months' notice in writing to the Welsh Ministers.\n\nPART 5 GENERAL\n\n40 Regulations and orders\n(1) In section 60 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (regulations and orders: general provisions), after subsection (1) insert—\n“(1A)Any power of the Welsh Ministers to make regulations or an order under this Act includes power to make such incidental, supplemental, consequential, transitory, transitional or saving provision as the Welsh Ministers consider appropriate.”\n(2) After subsection (2) of that section insert—\n“(3)Any power of the Welsh Ministers to make regulations under this Act or an order under section 3, 37 or 61 is exercisable by statutory instrument.\n(4) A statutory instrument containing—\n(a) regulations under section 1AA or 9ZB; or\n(b) regulations which, by virtue of subsection (1A), amend or repeal any provision of an Act of Parliament or an Act or Measure of the National Assembly for Wales,\nmay not be made by the Welsh Ministers unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.\n(5) Any other statutory instrument containing regulations or an order made by the Welsh Ministers under this Act, other than regulations under section 19, is subject to annulment in pursuance of a resolution of the National Assembly for Wales.”\n(3) In section 93 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9) (regulations and orders: general provisions), in subsection (1), after “regulations under this Act” insert “ in relation to England and the Welsh Ministers may make regulations under this Act in relation to Wales ”.\n(4) In subsection (3) of that section—\n(a) after “regulations made under this Act” insert “ , other than regulations under section 2A , 26M or 56A, ”, and\n(b) after “either House of Parliament” insert “ (in the case of regulations made by the Secretary of State) or the National Assembly for Wales (in the case of regulations made by the Welsh Ministers) ”.\n(5) After subsection (3) of that section insert—\n“(3A)A statutory instrument containing regulations under section 2A, 26M or 56A may not be made by the Welsh Ministers unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.”\n(6) In subsection (4) of that section, after “sections 8(5), 26C,” insert “ 55(5B), ”.\n(7) In subsection (5) of that section—\n(a) after “an order under section” insert “ 55(5B), ”, and\n(b) after “either House of Parliament” insert “ (in the case of an order made by the Secretary of State) or the National Assembly for Wales (in the case of an order made by the Welsh Ministers) ”.\n(8) In subsection (6) of that section, after “the Secretary of State” insert “ or (as the case may be) the Welsh Ministers ”.\n(9) In section 21 of that Act (appeals: supplementary provision), omit subsections (10) and (11).\n(10) In Schedule 3 to that Act (determination of certain appeals by person appointed by Welsh Ministers), in paragraph 8, omit sub-paragraph (6).\n(11) Regulations under this Act must be made by statutory instrument.\n(12) A statutory instrument containing—\n(a) regulations under section 35(9) (power to vary meaning of “historic environment record”), or\n(b) regulations under section 39(7)(h) (Advisory Panel for Welsh Historic Environment: disqualification from membership for staff of specified organisations),\nmay not be made unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales.\n\n41 Coming into force\n(1) The following provisions of this Act come into force on the day on which this Act receives Royal Assent—\n(a) Part 1;\n(b) section 2;\n(c) sections 3, 5 and 11 and Schedule 1, so far as they confer power to make regulations under the Ancient Monuments and Archaeological Areas Act 1979 (c. 46);\n(d) section 23;\n(e) sections 24 and 28 and Schedule 2, so far as they confer power to make regulations under the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9);\n(f) this Part.\n(2) Sections 6 to 9, 12 to 17, 19 to 22, 27, 29, 30(1) to (5), 32 and 33 come into force at the end of the period of 2 months beginning with the day on which this Act receives Royal Assent.\n(3) The other provisions of this Act come into force, and sections 3, 5, 11, 24 and 28 and Schedules 1 and 2 come into force for remaining purposes, on such day as the Welsh Ministers may appoint by order.\n(4) An order under subsection (3)—\n(a) may appoint different days for different purposes;\n(b) may make transitional, transitory or saving provision in connection with the coming into force of a provision of this Act.\n(5) An order under subsection (3) must be made by statutory instrument.\n\n42 Short title\nThe short title of this Act is the Historic Environment (Wales) Act 2016.\n(introduced by section 3)\n\nSCHEDULE 1SCHEDULES A1 AND A2 TO BE INSERTED INTO THE ANCIENT MONUMENTS AND ARCHAEOLOGICAL AREAS ACT 1979\n(introduced by section 1AC)\n\n“SCHEDULE A1LAPSE OF INTERIM PROTECTION\n1 This Schedule applies where interim protection ceases to have effect in relation to a monument as a result of the issue of a notice under section 1AB(4)(b) or (5)(b).\n2 The fact that the interim protection has ceased to have effect does not affect the liability of any person to be prosecuted and punished for an offence under section 2, 9ZG, 9ZK, 28 or 42 committed with respect to the monument while the interim protection had effect.\n3 Any proceedings on or arising out of an application for scheduled monument consent with respect to the monument lapse, in so far as they relate to consent required by virtue of the interim protection; and any such consent granted lapses to the same extent.\n4(1)Any scheduled monument enforcement notice served by the Welsh Ministers with respect to the monument ceases to have effect, in so far as the notice relates to works affecting anything in respect of which the interim protection had effect.\n(2) Any proceedings on or arising out of such a notice under section 9ZE or 9ZF(4) lapse, in so far as the notice relates to works affecting anything in respect of which the interim protection had effect.\n(3) Notwithstanding sub-paragraph (1), section 9ZF(2) continues to have effect as respects any expenses incurred by a person authorised by the Welsh Ministers as mentioned in section 9ZF(1), and with respect to any sums paid on account of such expenses.\n5 Any temporary stop notice served by the Welsh Ministers with respect to the monument ceases to have effect, in so far as the notice relates to works affecting anything in respect of which the interim protection had effect.\n6 Any proceedings on an application made by the Welsh Ministers under section 9ZM with respect to the monument lapse, in so far as they relate to the restraint of any actual or apprehended contravention in relation to anything in respect of which the interim protection had effect.\n(introduced by section 1AE)\n\nSCHEDULE A2DECISIONS ON REVIEWS BY PERSON APPOINTED BY WELSH MINISTERS\n\nDecisions on reviews by appointed persons\n1(1)The Welsh Ministers may by regulations prescribe the classes of reviews under section 1AE on which a decision is to be made by a person appointed by the Welsh Ministers for the purpose instead of by the Welsh Ministers.\n(2) Decisions on reviews of a prescribed class are to be made accordingly.\n(3) This paragraph does not affect any provision in this Act or any instrument made under it that an application for a review is to be made to the Welsh Ministers.\n(4) A person appointed under this paragraph is referred to in this Schedule as “an appointed person”.\n\nPowers and duties of appointed person\n2(1)An appointed person has the same powers and duties in relation to a review under section 1AE as the Welsh Ministers have under—\n(a) subsections (3)(a) and (b) and (5) of that section; and\n(b) regulations made by virtue of subsection (7) of that section.\n(2) Where an appointed person makes a decision on a review, the decision is to be treated as that of the Welsh Ministers.\n(3) Except as provided by section 55, the validity of that decision is not to be questioned in any legal proceedings.\n(4) No application may be made to the High Court under section 55 on the ground that a decision on a review ought to have been made by the Welsh Ministers and not by an appointed person unless the person who made the application for the review challenges the appointed person's power to make the decision before the decision is made.\n\nAppointment of another person to make a decision on a review\n3(1)At any time before an appointed person has made a decision on a review under section 1AE the Welsh Ministers may—\n(a) revoke the person's appointment; and\n(b) appoint another person under paragraph 1 to make the decision instead.\n(2) Where such a new appointment is made, the review, and any inquiry or other hearing in connection with the review, must be begun afresh.\n(3) Nothing in sub-paragraph (2) requires any person to be given an opportunity to make fresh representations or to modify or withdraw any representations already made.\n\nPublic local inquiries, hearings and written representations\n4(1)An appointed person may appoint an assessor to provide advice on—\n(a) any matters arising at a public local inquiry or hearing held by the appointed person in connection with a review under section 1AE or in consequence of such an inquiry or hearing; or\n(b) any matters arising in written representations made to the appointed person in connection with such a review or in consequence of such representations.\n(2) Section 250(2) and (3) of the Local Government Act 1972 (local inquiries: evidence) applies to a public local inquiry held by an appointed person.\n\nDirections\n5(1)The Welsh Ministers may direct that anything that would fall to be done by an appointed person in connection with a review under section 1AE, other than the making of a decision on the review under subsection (3)(b) of that section, is to be done instead by the Welsh Ministers.\n(2) A direction given under sub-paragraph (1) may be amended or withdrawn by a further direction.\n\nDelegation\n6(1)An appointed person may delegate to another person anything that would fall to be done by the appointed person in connection with a review under section 1AE, other than—\n(a) the conduct of a public local inquiry or hearing; and\n(b) the making of a decision on the review under subsection (3)(b) of that section.\n(2) A delegation under sub-paragraph (1) is to be to the extent, and on the terms, that the appointed person determines and may be amended or revoked.\n\nSupplementary provision\n7 Where an appointed person is a member of the staff of the Welsh Government, the functions of making a decision on a review and doing anything in connection with it conferred on the person by this Schedule are to be treated for the purposes of the Public Services (Ombudsman) Wales Act 2005 as functions of the Welsh Government.”\n(introduced by section 24)\n\nSCHEDULE 2SCHEDULES 1A AND 1B TO BE INSERTED INTO THE PLANNING (LISTED BUILDINGS AND CONSERVATION AREAS) ACT 1990\n(introduced by section 2C)\n\n“SCHEDULE 1ALAPSE OF INTERIM PROTECTION\n1 This Schedule applies where interim protection ceases to have effect in relation to a building as a result of the issue of a notice under section 2B(4)(b).\n2 The fact that the interim protection has ceased to have effect does not affect the liability of any person to be prosecuted and punished for an offence under section 9, 43 or 44C committed with respect to the building while the interim protection had effect.\n3 Any proceedings on or arising out of an application for listed building consent with respect to the building lapse; and any such consent granted while it had effect lapses.\n4(1)Any listed building enforcement notice served by the local planning authority with respect to the building ceases to have effect.\n(2) Any proceedings on such a notice under sections 38 to 40 lapse.\n(3) Notwithstanding sub-paragraph (1), section 42(1) and (2) continue to have effect as respects any expenses incurred by the local planning authority, owner or occupier as mentioned in that section and with respect to any sums paid on account of such expenses.\n5 Any temporary stop notice served by the local planning authority with respect to the building ceases to have effect.\n(introduced by section 2D)\n\nSCHEDULE 1BDECISIONS ON REVIEWS BY PERSON APPOINTED BY WELSH MINISTERS\n\nDecisions on reviews by appointed persons\n1(1)The Welsh Ministers may by regulations prescribe the classes of reviews under section 2D on which a decision is to be made by a person appointed by the Welsh Ministers for the purpose instead of by the Welsh Ministers.\n(2) Decisions on reviews of a prescribed class are to be made accordingly except in such classes of case as may for the time being be prescribed by the Welsh Ministers.\n(3) This paragraph does not affect any provision in this Act or any instrument made under it that an application for a review is to be made to the Welsh Ministers.\n(4) A person appointed under this paragraph is referred to in this Schedule as “an appointed person”.\n\nPowers and duties of appointed person\n2(1)An appointed person has the same powers and duties in relation to a review under section 2D as the Welsh Ministers have—\n(a) under subsections (3)(a) and (b) and (5) of that section; and\n(b) by virtue of section 322C and 323A of the Town and Country Planning Act 1990 (costs and procedural matters: Wales), as applied to this Act by section 89 of this Act.\n(2) Where an appointed person makes a decision on a review under section 2D, the decision is to be treated as that of the Welsh Ministers.\n(3) Except as provided by sections 62 and 63, the validity of the decision is not to be questioned in any legal proceedings.\n(4) No application may be made to the High Court under section 63 on the ground that the decision ought to have been made by the Welsh Ministers and not by an appointed person unless the person who made the application for the review challenges the appointed person's power to make the decision before the decision is made.\n(5) Where in any enactment (including this Act) there is a reference to the Welsh Ministers in a context relating or capable of relating—\n(a) to a review under section 2D; or\n(b) to anything done or authorised or required to be done by, to or before the Welsh Ministers in or in connection with any such review,\nthen, so far as the context permits and subject to sub-paragraph (6), the reference is to be construed, in relation to a review on which a decision has been made or is to be made by an appointed person, as a reference to that person.\n(6) Sub-paragraph (5) does not permit references to the Welsh Ministers in section 2D(2)(c), (3)(c) or (6) to be construed as references to an appointed person.\n(7) Sub-paragraph (1) does not affect the generality of sub-paragraph (5).\n\nAppointment of another person to make a decision on a review\n3(1)At any time before an appointed person has made a decision on a review under section 2D the Welsh Ministers may—\n(a) revoke the person's appointment; and\n(b) appoint another person under paragraph 1 to make the decision instead.\n(2) Where such a new appointment is made, the review, and any inquiry or other hearing in connection with the review, must be begun afresh.\n(3) Nothing in sub-paragraph (2) requires any person to be given an opportunity to make fresh representations or to modify or withdraw any representations already made.\n\nLocal inquiries, hearings and written representations\n4(1)An appointed person may appoint an assessor to provide advice on—\n(a) any matters arising at a local inquiry or hearing held by the appointed person in connection with a review under section 2D or in consequence of such an inquiry or hearing; or\n(b) any matters arising in written representations made to the appointed person in connection with such a review or in consequence of such representations.\n(2) Section 250(2) and (3) of the Local Government Act 1972 (local inquiries: evidence) applies to an inquiry held by an appointed person.\n\nDirections\n5(1)The Welsh Ministers may direct that anything that would fall to be done by an appointed person in connection with a review under section 2D, other than the making of a decision on the review under subsection (3)(b) of that section, is to be done instead by the Welsh Ministers.\n(2) A direction given under sub-paragraph (1) may be amended or withdrawn by a further direction.\n\nDelegation\n6(1)An appointed person may delegate to another person anything that would fall to be done by the appointed person in connection with a review under section 2D, other than—\n(a) the conduct of a local inquiry or hearing; and\n(b) the making of a decision on the review under subsection (3)(b) of that section.\n(2) A delegation under sub-paragraph (1) is to be to the extent, and on the terms, that the appointed person determines and may be amended or revoked.\n\nSupplementary provision\n7 Where an appointed person is a member of the staff of the Welsh Government, the functions of making a decision on a review under section 2D and doing anything in connection with it conferred on the person by this Schedule are to be treated for the purposes of the Public Services (Ombudsman) Wales Act 2005 as functions of the Welsh Government.”","title":""}
{"_id":"text_ukpga_1975_66","text":"[12th November 1975]\n\n1 Issue of warrants by Speaker for making out writs.\n(1) During any recess of the House of Commons, whether by prorogation or adjournment, it shall be the duty of the Speaker, subject to the provisions of this Act, upon receipt of a certificate of vacancy to issue his warrant to the Clerk of the Crown in Chancery to make out a new writ for electing a Member of the House in place of a Member whose seat has become vacant—\n(a) because he has died or become disqualified as a peer for membership of the House of Commons, either during the recess or before it;\n(b) because he has accepted a disqualifying office during the recess;\nor\n(c) because of his bankruptcy.\n(2) In this Act—\n  * “certificate of vacancy” means—\n    (a) where the seat has become vacant because the Member has died, become disqualified as a peer for membership of the House of Commons or accepted a disqualifying office, a certificate under the hands of two Members of the House of Commons in the form set out in Schedule 1 to this Act, or to the like effect;\n    and\n    (b) where the seat has become vacant because of a Member’s Bankruptcy, a certificate under section 427(6)(a) of the Insolvency Act 1986\n  * “disqualifying office” means any office, other than the office of steward or bailiff of Her Majesty’s three Chiltern Hundreds of Stoke, Desborough and Burnham or of the Manor of Northstead, which disqualifies its holder for membership of the House of Commons; . . .\n  * . . .\n\n2 Restrictions on Speaker’s powers.\n(1) The Speaker shall cause notice of his receipt of a certificate of vacancy to be inserted in the London Gazette.\n(2) The Speaker shall not issue a warrant under section 1 above until six days after the insertion of the notice.\n(3) The Speaker shall not issue such a warrant unless he has received the certificate of vacancy so long before the date of the next meeting of the House of Commons for the despatch of business that the writ for the by-election may be issued before that date.\n(4) Except where a seat has become vacant because of a Member’s bankruptcy, the Speaker shall not issue such a warrant—\n(a) unless the return of the writ for the election of the Member whose seat has become vacant has been brought into the office of the Clerk of the Crown in Chancery fifteen days at least before the end of the last sitting of the House of Commons before the Speaker’s receipt of the certificate of vacancy; or\n(b) if a petition against the election of the Member whose seat has become vacant was pending when Parliament was prorogued or the House of Commons was adjourned.\n\n3 Acceptance of office.\n(1) A Member of the House of Commons who accepts a disqualifying office shall forthwith give written notice of his acceptance to the Speaker; and the notice may be given by signing a certificate of vacancy.\n(2) Where a seat becomes vacant on a Member’s acceptance of a disqualifying office, the Speaker shall not issue a warrant under section 1 above unless the certificate of vacancy is accompanied by a copy of the issue of the London, Edinburgh or Belfast Gazette in which the Member’s appointment to that office was gazetted.\n\n4 Appointment of Members to exercise Speaker’s powers.\n(1) It shall be the duty of the Speaker, within a convenient time after taking office, by instrument in writing under his hand and seal, to appoint not more than seven nor less than three Members of the House of Commons to exercise the powers given to the Speaker by this Act at any time when there is no Speaker or the Speaker is out of the United Kingdom; and if the number of persons appointed is reduced to less than three, he may appoint one or more further Members.\n(2) An appointment shall remain in force until the dissolution of the Parliament in which it is made.\n(3) An appointment shall be entered in the journals of the House of Commons and be published once in the London Gazette, and the instrument of appointment shall be preserved by the Clerk of the House of Commons, and a duplicate filed in the office of the Clerk of the Crown in Chancery.\n(4) The powers of the Speaker may be exercised by any one of the Members appointed under this section, but when notice of the issue of a warrant is brought to the publisher of the Gazette and is signed by a Member so appointed, the publisher shall give a receipt for it, specifying the day and hour when it was received, and if more than one notice is brought to him relevant to the same election, he shall insert in the Gazette only the notice first received.\n\n5 Citation etc.\n(1) This Act may be cited as the Recess Elections Act 1975.\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3 )In section 6(4) of the House of Commons Disqualification Act 1975 (effect of disqualification and provision for relief) for the words “apart from this provision” there shall be substituted the words “by virtue of the Recess Elections Act 1975”.\n(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(6) Section 106(2) of the Bankruptcy Act 1914 (notification of Member’s bankruptcy to Speaker) is repealed, as being unnecessary owing to section 33(1) of the Bankruptcy Act 1883.\n(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(8) It is hereby declared that this Act extends to Northern Ireland.\n\nSCHEDULES\nSection 1.\n\nSCHEDULE 1 Certificate of Vacancy\nWe, whose names are underwritten, being two Members of the House of Commons, do hereby certify—\n[that Member of\nParliament for died on\n19 ;]\n[that Member of\nParliament for has become disqualified as a\npeer for membership of the House Commons ;]\n[that Member of\nParliament for has accepted\nthe office of , and\nthat his appointment to that office has been gazetted in the\nissue of the\nGazette dated 19 ;]\nand we give you this notice to the intent that you may issue your warrant to the Clerk of the Crown in Chancery to make out a new writ for the election of a Member to serve as Member of Parliament for in place of him.\nTo the Speaker of the House of Commons.\nNote. If there is no Speaker, or if the Speaker is out of the United Kingdom, this certificate may be addressed to any one of the persons appointed under section 4 of the Recess Elections Act 1975 to exercise the Speaker’s powers under that Act.\n\nSCHEDULE 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .","title":""}
{"_id":"text_ukpga_2023_36","text":"[20th July 2023]\nBe it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—\n\nThe Regulator of Social Housing\n\n1 Fundamental objectives\nIn section 92K of the Housing and Regeneration Act 2008 (fundamental objectives), in subsection (3)—\n(a) in paragraph (a), after “well-managed” insert “, safe, energy efficient”;\n(b) in paragraph (c), omit the final “and”;\n(c) after paragraph (c) insert—\n“(ca)to ensure that registered providers act in a transparent manner in relation to their tenants of social housing, and”.\n\n2 Advisory panel\nAfter section 96 of the Housing and Regeneration Act 2008 insert—\n\n“96AAdvisory panel\n(1) The regulator must establish a panel of persons called “the Advisory Panel”.\n(2) The Panel may provide information and advice to the regulator about, or on matters connected with, the regulator’s functions (whether or not it is requested to do so by the regulator).\n(3) The reference in subsection (2) to matters connected with the regulator’s functions includes anything which could have a significant impact on registered providers or the provision of social housing.\n(4) The regulator must appoint the following persons to the Panel—\n(a) persons appearing to the regulator to represent the interests of—\n(i) registered providers;\n(ii) secured creditors of registered providers;\n(iii) tenants of social housing;\n(iv) local housing authorities,\n(b) the Greater London Authority,\n(c) the HCA, and\n(d) the Secretary of State.\n(5) The regulator may appoint such other persons to the Panel as it thinks fit to appoint.\n(6) The regulator may make payments to persons who are members of the Panel in respect of any expenses they incur in connection with their appointment to the Panel.\n(7) The regulator must make arrangements requiring any person who is a member of the Panel to declare any financial or other personal interest relevant to the regulator’s functions.”\n\n3 Collection of information\n(1) The Housing and Regeneration Act 2008 is amended as follows.\n(2) In section 107 (collection)—\n(a) for subsection (1) substitute—\n“(1)The regulator, or a person authorised under subsection (4A), may for a purpose connected with the regulator’s functions require a person to provide documents or information which the regulator or person authorised (as the case may be) has reason to believe is or may be in the person’s possession.”;\n(b) omit subsection (2);\n(c) before subsection (3), insert—\n“(2A)A requirement under subsection (1) may also require the person to provide an explanation of any document or information required under that subsection.”;\n(d) in subsection (3)—\n(i) in the opening words, after “requirement” insert “under subsection (1)”;\n(ii) in paragraph (a), for “document or information” substitute “document, information or an explanation”;\n(e) in subsection (4), for “documents or information” substitute “documents, information or explanations”;\n(f) after subsection (4) insert—\n“(4A)The regulator may in writing authorise a person to exercise any of its powers under this section.\n(4B) An authorisation—\n(a) must specify the extent to which the person is authorised to exercise the powers, and\n(b) may provide that the person is to be authorised for a particular period.”;\n(g) in subsection (5), after “requirement” insert “under subsection (1)”;\n(h) in subsection (6), for “to which a requirement relates” substitute “required under subsection (1)”;\n(i) after subsection (6) insert—\n“(6A)Knowingly or recklessly providing the regulator, or a person authorised under subsection (4A), with a document, information or an explanation which is false or misleading in purported compliance with a requirement under subsection (1) is an offence.”;\n(j) in subsection (7), after “requirement” insert “under subsection (1)”.\n(3) In section 108 (section 107: supplemental)—\n(a) in subsection (1), after “requirement” insert “under section 107(1)”;\n(b) for subsection (2) substitute—\n“(2)A requirement under section 107(1) does not require a banker to breach a duty of confidentiality owed to a person who is not—\n(a) a registered provider,\n(b) a subsidiary of a registered provider,\n(c) an associate of a registered provider, or\n(d) a person who is certified in writing by the regulator as being—\n(i) a person who has applied to be entered in the register of providers of social housing, or\n(ii) a local authority which the regulator thinks may be, or may become, a provider of social housing.”;\n(c) in subsection (3), omit the words from “not” to the end;\n(d) in subsection (4)—\n(i) in the words before paragraph (a), after “107(6)” insert “or (6A)”;\n(ii) in paragraph (a) omit the words from “not” to the end;\n(e) in subsection (5), for “or (6)” substitute “, (6) or (6A)”.\n\n4 Power to charge fees\n(1) Section 117 of the Housing and Regeneration Act 2008 (fees) is amended as set out in subsections (2) to (6).\n(2) In subsection (1)(a), after “fee” insert “for dealing with an application”.\n(3) After subsection (1) insert—\n“(1A)The regulator may make dealing with an application for initial registration conditional upon the payment of the fee.”\n(4) In subsection (2) omit “initial or”.\n(5) After subsection (4) insert—\n“(4A)The amount of a fee payable under this section may be calculated by reference to costs incurred, or likely to be incurred, by the regulator in the performance of any of its functions, including costs unconnected with the fee-payer and costs unconnected with registration or regulation under this Part.”\n(6) In subsection (5)—\n(a) in paragraph (a), for “expenditure on” substitute “the costs incurred in”;\n(b) omit paragraph (b) (but not the “and” following it);\n(c) in paragraph (c), for “to which it relates” substitute “incurred, or likely to be incurred, in the performance of the regulator’s functions”.\n(7) In section 202 of the Housing and Regeneration Act 2008 (inspections: supplemental) omit subsections (4) to (7).\n\n5 Relationship between regulator and housing ombudsman\n(1) The Housing and Regeneration Act 2008 is amended as set out in subsections (2) to (5).\n(2) After section 100G insert—\n\n“Relationship with housing ombudsman\n\n100HRelationship with housing ombudsman\n(1) The regulator and a housing ombudsman must each take such steps as it considers appropriate to co-operate in the exercise of their respective functions.\n(2) The regulator and a housing ombudsman must prepare and maintain a memorandum describing how they intend to comply with subsection (1).\n(3) The regulator and a housing ombudsman must ensure that the memorandum between them as currently in force is published in the way appearing to them to be best calculated to bring it to the attention of the public.”\n(3) In section 196 (consultation), in subsection (1), after paragraph (ea) insert—\n“(eb)any housing ombudsman,”.\n(4) In section 197 (direction by Secretary of State), in subsection (4), after paragraph (aa) insert—\n“(ab)any housing ombudsman,”.\n(5) In section 275 (general interpretation), after the entry relating to the HCA insert—\n  * ““housing ombudsman” means a housing ombudsman appointed in accordance with a scheme approved under Schedule 2 to the Housing Act 1996,”.\n(6) In Schedule 2 to the Housing Act 1996 (social rented sector: housing complaints), in paragraph 3 (approval of scheme etc), in sub-paragraph (1), for the words from “shall be made” to the end substitute—\n“(a)may only be made after the applicant has consulted the Regulator of Social Housing,\n(b) shall be made in such manner as the Secretary of State may determine, and\n(c) shall be accompanied by such information as the Secretary of State may require.”\n\nRegistration of providers of social housing\n\n6 Meaning of “English body”\nIn section 79 of the Housing and Regeneration Act 2008 (English bodies), in subsection (1)—\n(a) after paragraph (c) insert “and\n(f) a limited liability partnership which has its registered office in England.”;\n(b) omit paragraphs (d) and (e).\n\n7 Registration criteria\nIn section 112 of the Housing and Regeneration Act 2008 (eligibility for voluntary registration), in subsection (3)—\n(a) in the opening words omit “as to”;\n(b) in paragraph (a), at the beginning insert “as to”;\n(c) in paragraph (b)—\n(i) at the beginning insert “as to”;\n(ii) omit “and”;\n(d) in paragraph (c)—\n(i) at the beginning insert “as to”;\n(ii) at the end insert “, and\n(d) to secure that the body would meet, on registration, standards set by the regulator under sections 193, 194, 194A and 194C.”\n\n8 Designation\nSection 115 of the Housing and Regeneration Act 2008 (profit-making and non-profit organisations) is amended as follows—\n(a) omit subsection (2);\n(b) for subsection (3) substitute—\n“(3)A body is a non-profit organisation if—\n(a) it is a registered or non-registrable charity and satisfies Conditions 1 and 2, or\n(b) otherwise, it satisfies Conditions 1 to 3.”;\n(c) in subsection (4)—\n(i) in paragraph (a), omit “or”;\n(ii) omit paragraph (b);\n(d) after subsection (6) insert—\n“(6A)The fact that a body is prohibited by its constitution from trading for profit does not, of itself, mean that it is a body which does not trade for profit for the purposes of subsection (4)(a).”;\n(e) in subsection (8) omit “(2) or”.\n\n9 De-registration\nIn section 118 of the Housing and Regeneration Act 2008 (compulsory de-registration), in subsection (1), after paragraph (a) insert—\n“(aa)has failed to meet a standard under section 193, 194 or 194C,”.\n\nDuties of registered providers\n\n10 Appointment of health and safety lead by registered provider\n(1) The Housing and Regeneration Act 2008 is amended as follows.\n(2) Before section 127 (and the heading immediately before it) insert—\n\n“Health and safety lead for registered provider\n\n126ADesignation of health and safety lead\n(1) A registered provider must designate an individual to carry out the functions in section 126B.\n(2) The individual designated under subsection (1) is referred to in this Part as the “health and safety lead” for the registered provider.\n(3) The health and safety lead must be—\n(a) in the case of a private registered provider—\n(i) if the provider has at least 15 employees, an employee of the provider;\n(ii) otherwise, an employee or officer of the provider;\n(b) in the case of a local authority which operates executive arrangements and has a leader and cabinet executive (England)—\n(i) the executive leader,\n(ii) another member of the executive, or\n(iii) an employee of the authority;\n(c) in the case of a local authority which operates executive arrangements and has a mayor and cabinet executive—\n(i) a member of the executive other than the elected mayor, or\n(ii) an employee of the authority;\n(d) in the case of the Common Council of the City of London, an employee of the Common Council;\n(e) in the case of any other local authority—\n(i) the chairman or vice-chairman of the authority (if holding a paid office), or\n(ii) an employee of the authority.\n(4) In this section and section 126B, the following terms have the same meanings as in Part 1A of the Local Government Act 2000 (and see the provisions of that Act mentioned)—\n  * “elected mayor” (section 9H(1));\n  * “executive” (section 9C);\n  * “executive arrangements” (section 9B(4));\n  * “executive leader” (section 9C(3)(a));\n  * “leader and cabinet executive (England)” (section 9C(3));\n  * “mayor and cabinet executive” (section 9C(2)).\n(5) For the purposes of subsection (3)(e)(i)—\n(a) the references to the chairman and vice-chairman of an authority are to those persons elected under section 3 or 5 of the Local Government Act 1972 (or in relation to a London borough council are to be read in accordance with section 270(4) of that Act);\n(b) a chairman or vice-chairman holds a “paid office” if the council pays the person an allowance.\n(6) The Secretary of State may by regulations amend this section to alter who may be the health and safety lead for a registered provider.\n\n126BFunctions of the health and safety lead\n(1) The functions of the health and safety lead for a registered provider are to—\n(a) monitor the provider’s compliance with health and safety requirements;\n(b) assess risks of failure to comply with health and safety requirements;\n(c) notify the responsible body of the provider of—\n(i) risks assessed under paragraph (b) of material failures by the provider to comply with health and safety requirements;\n(ii) material failures by the provider to comply with health and safety requirements;\n(d) provide advice to the responsible body as to how the provider should address risks and failures notified to the responsible body under paragraph (c) for the purpose of ensuring that the provider complies with health and safety requirements.\n(2) In this Part, “health and safety requirement”, in relation to a registered provider, means a statutory requirement, so far as it—\n(a) relates to the health or safety of tenants of social housing, and\n(b) applies to the provider by virtue of being the provider of that social housing (including where it is expressed as applying to a landlord or employer or in some other way).\n(3) In this section, “statutory requirement” means a requirement imposed by or by virtue of legislation and includes—\n(a) an obligation under a covenant implied by or under legislation (such as a covenant under section 9A of the Landlord and Tenant Act 1985 (fitness for human habitation of dwellings in England));\n(b) a requirement imposed—\n(i) by a notice given under legislation, or\n(ii) by or as a result of other action (such as enforcement action mentioned in section 5(2) or 7(2) of the Housing Act 2004 (housing conditions: category 1 and 2 hazards)) taken under legislation.\n(4) In subsection (3), “legislation” means any provision of or made under—\n(a) an Act of Parliament, or\n(b) a Measure or Act of Senedd Cymru.\n(5) For the purposes of this section, the “responsible body” of a registered provider—\n(a) in the case of a local authority which operates executive arrangements, is the executive;\n(b) in the case of any other local authority, is the councillors;\n(c) in the case of a private registered provider, has the meaning given by the following table—\nPrivate registered provider                           Meaning of “responsible body”\nRegistered charity which is not a registered company  Its charity trustees within the meaning given by section 177 of the Charities Act 2011\nRegistered society                                    Its committee within the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014\nRegistered company                                    Its directors within the meaning given by section 250 of the Companies Act 2006\nLimited liability partnership                         Its members\n\n(See section 126A(4) for the meanings of terms used in paragraph (a).)\n\n126CDuties of registered provider in relation to health and safety lead\n(1) A registered provider must—\n(a) ensure that the health and safety lead—\n(i) has sufficient authority (including, in particular, authority to obtain information) within the provider’s organisation, and\n(ii) can devote sufficient time to the functions of the health and safety lead,\nto perform the role of health and safety lead effectively;\n(b) provide the health and safety lead with the resources needed to carry out those functions.\n(2) A registered provider must, in accordance with requirements published by the regulator—\n(a) notify the regulator of the name and contact details of the health and safety lead, and\n(b) publish that information.\n\n126DHealth and safety lead: general\n(1) Nothing in sections 126A to 126C affects—\n(a) the responsibility of a registered provider for compliance with health and safety requirements, or\n(b) the liability of the registered provider or of any director, member or other officer or person for a failure to comply with health and safety requirements.\n(2) The health and safety lead is not, by virtue of those sections—\n(a) responsible for the registered provider’s compliance with health and safety requirements, or\n(b) liable for a failure by the registered provider to comply with health and safety requirements,\n(but this does not affect any responsibility or liability which the individual designated under section 126A has otherwise than as health and safety lead).\n(3) A registered provider may nominate an individual to carry out the functions of the health and safety lead if the health and safety lead is unable to act due to absence or illness.”\n(3) In section 220 (grounds for giving enforcement notice), at the appropriate place insert—\n“(11B)Case 12 is where—\n(a) the registered provider—\n(i) does not have a health and safety lead designated under section 126A, or\n(ii) has failed to meet a requirement under section 126C, or\n(b) the functions of the health and safety lead are not being carried out.”\n(4) In section 227 (grounds for imposition of penalty), at the appropriate place insert—\n“(7B)Case 8 is where—\n(a) the registered provider—\n(i) does not have a health and safety lead designated under section 126A, or\n(ii) has failed to meet a requirement under section 126C, or\n(b) the functions of the health and safety lead are not being carried out.”\n(5) In section 247(1) (management tender), before paragraph (b) insert—\n“(ab)a registered provider—\n(i) does not have a health and safety lead designated under section 126A, or\n(ii) has failed to meet a requirement under section 126C(1),\n(ac) the functions of the health and safety lead are not being carried out,”.\n(6) In section 251(1) (appointment of manager of private registered provider), before paragraph (b) insert—\n“(ab)a private registered provider—\n(i) does not have a health and safety lead designated under section 126A, or\n(ii) has failed to meet a requirement under section 126C(1),\n(ac) the functions of the health and safety lead are not being carried out,”.\n(7) In section 252A(2) (appointment of advisers to local authorities)—\n(a) in paragraph (a), omit the final “or”;\n(b) after paragraph (b) insert—\n“(c)that the authority—\n(i) does not have a health and safety lead designated under section 126A, or\n(ii) has failed to meet a requirement under section 126C(1),\n(d) that the functions of the health and safety lead are not being carried out”.\n(8) In section 320 (orders and regulations), in subsection (3)(d), for “or 72” substitute “, 72 or 126A”.\n\n11 Electrical safety standards\n(1) Section 122 of the Housing and Planning Act 2016 (electrical safety standards for properties let by private landlords) is amended as follows.\n(2) In the heading, for “properties let by private landlords” substitute “residential properties let by landlords”.\n(3) In subsection (1)—\n(a) omit “private”;\n(b) after “England” insert “to whom this section applies”.\n(4) After subsection (1) insert—\n“(1A)This section applies to a landlord who is—\n(a) a private landlord, or\n(b) a registered provider of social housing.”\n\nRegistered providers: insolvency, restructuring etc\n\n12 Moratorium on disposal of land\n(1) The Housing and Regeneration Act 2008 is amended as follows.\n(2) For section 145 substitute—\n\n“145Moratorium\n(1) A moratorium on the disposal of land by a private registered provider begins when any of the events mentioned in subsection (2) occur in relation to the provider.\n(2) The events are—\n(a) a petition is presented under section 124 of the Insolvency Act 1986, by a person other than the Secretary of State, for the winding up of the provider;\n(b) an application is made by the provider under section 105(3) of the Housing and Planning Act 2016 for permission to pass a resolution for voluntary winding up;\n(c) an application is made in accordance with paragraph 12 of Schedule B1 to the Insolvency Act 1986, by a person other than the Secretary of State, for an administration order in respect of the provider;\n(d) a notice of the appointment of an administrator of the provider under paragraph 14 or 22 of Schedule B1 to the Insolvency Act 1986 is filed with the court under paragraph 18 or 29 of that Schedule;\n(e) notice of intention to enforce a security over property of the provider is given under section 108(2)(a) of the Housing and Planning Act 2016 or the requirement to give such notice is waived under section 108(2)(b) of that Act.”\n(3) In section 146 (duration of moratorium)—\n(a) in the heading, for “Duration” substitute “Ending”;\n(b) omit subsection (1);\n(c) in subsection (2), in the words before paragraph (a), after “moratorium” insert “mentioned in section 145”;\n(d) in subsection (2A), in paragraph (a), for “day on which the notice mentioned in section 145 is given” substitute “relevant day”;\n(e) after subsection (2A) insert—\n“(2B)The “relevant day” is—\n(a) in the case of an event mentioned in section 145(2)(a), the day on which notice under section 104(2)(a) of the Housing and Planning Act 2016 is given or on which the requirement to give such notice is waived under section 104(2)(b) of that Act;\n(b) in the case of an event mentioned in section 145(2)(b), the day on which notice under section 105(4)(a) of the Housing and Planning Act 2016 is given or on which the requirement to give such notice is waived under section 105(4)(b) of that Act;\n(c) in the case of an event mentioned in section 145(2)(c), the day on which notice under section 106(3)(a)(i) of the Housing and Planning Act 2016 is given or on which the requirement to give such notice is waived under section 106(3)(a)(ii) of that Act;\n(d) in the case of an event mentioned in section 145(2)(d), the day on which notice under section 107(4)(a)(i) of the Housing and Planning Act 2016 is given or on which the requirement to give such notice is waived under section 107(4)(a)(ii) of that Act;\n(e) in the case of an event mentioned in section 145(2)(e), the day of that event.”;\n(f) in subsection (3), for the words from “period,” to the end substitute “period if—\n(a) the regulator has made reasonable enquiries with a view to locating secured creditors of the registered provider, and\n(b) where the regulator located one or more such creditors, each of them has consented to the extension.”;\n(g) in subsection (5), omit the words from “if” to the end;\n(h) in subsection (9), for “a notice mentioned in section 145 is given” substitute “an event mentioned in section 145(2) occurs”.\n(4) In section 147 (further moratorium), in subsection (3), for the words from “period,” to the end substitute “period if—\n(a) the regulator has made reasonable enquiries with a view to locating secured creditors of the registered provider, and\n(b) where the regulator located one or more such creditors, each of them has consented to the further moratorium.”\n(5) In section 151 (appointment of interim manager during moratorium), in subsection (4), for paragraph (b) (but not the “or” following it) substitute—\n“(b)when the regulator notifies the interim manager that there are proposals under section 152 which are agreed proposals,”.\n(6) In section 153 (procedure for proposals made during moratorium)—\n(a) in subsection (1), after paragraph (b) insert—\n“(ba)if the regulator is able to locate any secured creditors of the registered provider after making reasonable enquiries, those creditors,”;\n(b) after subsection (1) insert—\n“(1A)If no secured creditors are located for the purposes of subsection (1), the proposals made by the regulator following the consultation required by that subsection are agreed proposals for the purposes of this group of sections.”;\n(c) in subsection (2)—\n(i) for the words before paragraph (a) substitute “Where the regulator locates one or more secured creditors of the registered provider for the purposes of subsection (1), the regulator must, before making proposals, send a copy of draft proposals to—”;\n(ii) for paragraph (b) (but not the “and” following it) substitute—\n“(b)the secured creditors located for the purposes of subsection (1),”;\n(d) in subsection (3), in the words before paragraph (a), for the words from “The regulator” to “bringing” substitute “If the regulator sends draft proposals under subsection (2), the regulator must also make arrangements for bringing those”;\n(e) for subsection (4) substitute—\n“(4)If each secured creditor to whom draft proposals were required to be sent agrees to them by notice to the regulator, the draft proposals become agreed proposals for the purposes of this group of sections.”;\n(f) in subsection (5)—\n(i) in the words before paragraph (a) for “Proposals” substitute “Draft proposals”;\n(ii) in paragraph (a), for “proposals were sent” substitute “draft proposals were required to be sent”;\n(g) in subsection (6)(b)—\n(i) for “its” substitute “any”;\n(ii) for “the original” substitute “draft”;\n(h) for subsection (8) substitute—\n“(8)The regulator may make proposals amending agreed proposals; and this section and section 152 apply to such proposals.”\n(7) In section 158 (assistance by regulator in connection with proposals), in subsection (1), for “the agreement of proposals” substitute “the regulator deciding whether to exercise the power under section 152 to make proposals and (if proposals are made) the proposals becoming agreed proposals”.\n\n13 Limited liability partnerships\nSchedule 1 amends Part 2 of the Housing and Regeneration Act 2008 and Chapter 5 of Part 4 of the Housing and Planning Act 2016 to make provision about limited liability partnerships.\n\n14 Insolvency of registered providers\nSchedule 2 contains amendments to provisions of the Housing and Planning Act 2016 about procedures to be followed on the insolvency of a registered provider.\n\n15 Notification requirements: expansion to profit-making organisations\nIn the Housing and Regeneration Act 2008, in the following provisions omit “non-profit”—\n(a) section 160(1) (arrangements and reconstructions);\n(b) section 161(1) (conversion of registered company to registered society);\n(c) section 163(1) (restructuring of registered society);\n(d) section 165(1) (dissolution of registered society);\n(e) section 169A (change of rules of registered society);\n(f) section 169C (change of articles of registered company).\n\n16 Conversion of company into registered society: continuation of registration\nIn section 161 of the Housing and Regeneration Act 2008 (company: conversion into registered society) omit subsections (4) to (7).\n\n17 Restructuring of registered societies\n(1) The Housing and Regeneration Act 2008 is amended as follows.\n(2) In section 163 (registered society: restructuring) omit subsections (5) to (8).\n(3) After section 163 insert—\n\n“163ARestructuring of registered societies: registration of successor bodies\n(1) This section applies where —\n(a) a registered provider notifies the regulator of a resolution passed by the provider for the purposes of section 109 of the Co-operative and Community Benefit Societies Act 2014 (amalgamation of societies);\n(b) a registered provider notifies the regulator of a resolution passed by the provider for the purposes of section 112(1)(b) of that Act (amalgamation of society and company);\n(c) a registered provider notifies the regulator of a resolution passed by the provider for the purposes of section 110 of that Act (transfer of engagements between societies) and the society to which engagements are transferred is not a registered provider;\n(d) a registered provider notifies the regulator of a resolution passed by the provider for the purposes of section 112(1)(c) of that Act (transfer of engagements between society and company) and the company to which engagements are transferred is not a registered provider.\n(2) When the resolution mentioned in subsection (1) (“the relevant resolution”) takes effect, the regulator must decide whether the successor body is eligible for registration under section 112.\n(3)“The successor body” means—\n(a) if the relevant resolution is a resolution described in paragraph (a) or (b) of subsection (1), the body created by virtue of that resolution or by virtue of that resolution and other resolutions described in that paragraph, and\n(b) if the relevant resolution is a resolution described in paragraph (c) or (d) of subsection (1), the body to which engagements are transferred by virtue of the resolution.\n(4) If the successor body is eligible for registration, the regulator must register it and notify it that it has done so.\n(5) If the successor body is not eligible for registration, the regulator must notify it of that fact.\n(6) Pending registration, or notification that it is not eligible for registration, the successor body is to be treated as if it were registered and designated as a non-profit organisation.”\n\n18 Receipt of transfers of engagements from a registered society\n(1) The Housing and Regeneration Act 2008 is amended as follows.\n(2) After section 161 insert—\n\n“161ACompany: receipt of transfer of engagements from registered society\n(1) This section applies to a registered provider which is a registered company.\n(2) The registered provider must notify the regulator if a registered society which is not a registered provider passes a resolution under section 112(1)(c) of the Co-operative and Community Benefit Societies Act 2014 transferring its engagements to the registered provider.\n(3) The Financial Conduct Authority may register the resolution only if the registered society which passed it has confirmed to the Financial Conduct Authority that the regulator has been notified.”\n(3) After section 163A (inserted by section 17) insert—\n\n“163BRegistered society: receipt of transfer of engagements from another registered society\n(1) This section applies to a registered provider which is a registered society.\n(2) The registered provider must notify the regulator if a registered society which is not a registered provider passes a resolution under section 110(1) of the Co-operative and Community Benefit Societies Act 2014 transferring its engagements to the registered provider.\n(3) The Financial Conduct Authority may register the resolution only if the registered society which passed it has confirmed to the Financial Conduct Authority that the regulator has been notified.”\n\n19 Notification of constitutional changes\n(1) The Housing and Regeneration Act 2008 is amended as follows.\n(2) In section 169A (registered societies: change of rules)—\n(a) in the heading, after “rules” insert “etc”;\n(b) after “society’s rules” insert “, name or registered office”.\n(3) For section 169B substitute—\n\n“169BCharity: change to trusts etc\n(1) The trustees of a registered charity that is a registered provider must notify the regulator of any change to—\n(a) the trusts of the charity;\n(b) the purposes of the charity (if not falling within paragraph (a));\n(c) the name of the charity entered in the register of charities;\n(d) any number allocated to the charity by the Charity Commission which appears in the register of charities;\n(e) any contact address for the charity which appears in the register of charities.\n(2) But the duty to notify the regulator of changes to the matters mentioned in paragraphs (a) to (c) does not apply to the trustees of a registered charity that is a registered company.\n(3) In this section—\n  * “the register of charities” means the register of charities kept under section 29 of the Charities Act 2011;\n  * “trusts”, in relation to a charity, has the same meaning as in the Charities Act 2011 (see section 353 of that Act).”\n(4) After section 169C insert—\n\n“169CALimited liability partnership: change of name etc\nA registered provider that is a limited liability partnership must notify the regulator of any change to its name or registered office.”\n\n20 Notification of change of control\n(1) The Housing and Regeneration Act 2008 is amended as follows.\n(2) Before section 169D (and the heading immediately before it) insert—\n\n“Notification of change of control\n\n169CBApplication of rules about notification of change of control\nThis group of sections does not apply to local authorities.\n\n169CCChange in board members\n(1) A registered provider must notify the regulator if—\n(a) the board members of the registered provider change (whether as a result of an appointment or removal of a board member or for any other reason), and\n(b) following that change, any of the circumstances described in subsection (2) arise.\n(2) The circumstances are that—\n(a) the number of board members of the provider has increased by more than 50% since the beginning of the relevant period;\n(b) the number of board members of the provider has decreased by more than 50% since the beginning of the relevant period;\n(c) more than 50% of the board members of the provider are persons who were not board members of the provider at the beginning of the relevant period.\n(3) For the purposes of this section, the “board members” of a registered provider are—\n(a) in the case of a registered charity which is not a registered company, its charity trustees within the meaning given by section 177 of the Charities Act 2011;\n(b) in the case of a registered society, the members of its committee within the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014;\n(c) in the case of a registered company, its directors within the meaning given by section 250 of the Companies Act 2006;\n(d) in the case of a limited liability partnership, its members.\n(4) For the purposes of this section, “the relevant period” is—\n(a) the period of 12 months ending with the day on which the change mentioned in subsection (1)(a) takes effect (“the 12 month period”), or\n(b) if the registered provider was not a registered provider throughout the 12 month period, the period—\n(i) beginning with the day (or, if more than one, the latest day) in the 12 month period on which it became a registered provider, and\n(ii) ending with the day on which the change mentioned in subsection (1)(a) takes effect.\n\n169CDChange in subsidiary status\nA registered provider must notify the regulator each time—\n(a) it becomes a subsidiary of a person, or\n(b) it ceases to be a subsidiary of a person.”\n\nStandards\n\n21 Standards relating to competence and conduct\n(1) After section 194 of the Housing and Regeneration Act 2008 insert—\n\n“194AStandards relating to competence and conduct\n(1) The regulator may set standards for registered providers in matters relating to the competence and conduct of individuals involved in the provision of services in connection with the management of social housing (“relevant individuals”).\n(2) Standards under subsection (1) may, in particular, require registered providers to comply with specified rules about—\n(a) the knowledge, skills and experience to be required of relevant individuals, and\n(b) the conduct to be expected of relevant individuals in their dealings with tenants.\n(3) Standards under subsection (1) may require registered providers to secure that their senior housing executives and senior housing managers—\n(a) have a specified qualification in housing management or type of qualification in housing management, or\n(b) are working towards such a qualification or type of qualification.\n(4) Standards under subsection (1) may require registered providers to take steps to secure that relevant managers of their services providers—\n(a) have a specified qualification in housing management or type of qualification in housing management, or\n(b) are working towards such a qualification or type of qualification.\n(5) Each of the following is a “relevant manager” of a services provider—\n(a) if the services provider is a relevant individual, that individual;\n(b) a senior housing executive of the services provider;\n(c) a senior housing manager of the services provider.\n(6) A qualification or type of qualification specified for a senior housing executive may only be—\n(a) a foundation degree, or\n(b) a qualification or type of qualification regulated by the Office of Qualifications and Examinations Regulation which is of a level not exceeding level 5.\n(7) A qualification or type of qualification specified for a senior housing manager, or for an individual described in subsection (5)(a), may only be a qualification or type of qualification regulated by the Office of Qualifications and Examinations Regulation which is of a level not exceeding level 4.\n(8) The references in subsections (6) and (7) to the level of a qualification are to the level assigned to a qualification by virtue of general conditions set and published by the Office of Qualifications and Examinations Regulation under section 134 of the Apprenticeships, Skills, Children and Learning Act 2009.\n(9) Except as provided by subsections (3) to (8), standards under subsection (1) may not require registered providers to comply with rules about the qualifications to be required of relevant individuals.\n(10) See also section 217A (which makes provision implying terms relating to qualifications into management services agreements).\n\n194BMeaning of “services provider”, “senior housing executive” and “senior housing manager”\n(1) This section makes provision about the meaning of terms for the purposes of section 194A.\n(2)“Services provider”, in relation to a registered provider, means a person who, in accordance with an agreement with the registered provider or another person, provides services in connection with the management of social housing provided by the registered provider or arranges for the provision of such services.\n(3) For the purposes of subsection (2), an agreement does not include a contract of employment or a contract of apprenticeship.\n(4)“Senior housing executive” of a registered provider means a relevant individual who—\n(a) is an employee or officer of the registered provider,\n(b) has responsibility (solely or jointly) for the day to day management of the provision of services in connection with the management of social housing provided by the registered provider, and\n(c) is part of the registered provider’s senior management.\n(5)“Senior housing executive” of a services provider in relation to a registered provider means a relevant individual who—\n(a) is—\n(i) an employee of the services provider,\n(ii) an officer of the services provider, or\n(iii) if the services provider is a partnership, a partner in the partnership,\n(b) has responsibility (solely or jointly) for the day to day management of the provision of services in connection with the management of social housing provided by the registered provider, and\n(c) is part of the services provider’s senior management.\n(6) For the purposes of subsections (4) and (5), an individual is part of a registered provider’s or services provider’s senior management if the individual plays a significant role in—\n(a) the making of decisions about how the whole or a substantial part of the activities of the provider which relate to social housing are to be managed or organised, or\n(b) the management or organisation of the whole or a substantial part of such activities.\n(7)“Senior housing manager” of a registered provider means a relevant individual who—\n(a) is an employee of the registered provider, and\n(b) is a senior housing and property manager for the registered provider.\n(8)“Senior housing manager” of a services provider in relation to a registered provider means a relevant individual who—\n(a) is an employee of the services provider,\n(b) is a senior housing and property manager for the services provider, and\n(c) is involved in the provision of services in connection with the management of social housing provided by the registered provider.\n(9) For the purposes of subsections (7) and (8), whether an individual is a senior housing and property manager is to be determined by reference to the description of the occupation of senior housing and property management published by the Institute for Apprenticeships and Technical Education under section ZA10(5) of the Apprenticeships, Skills, Children and Learning Act 2009.\n(10) In this section—\n  * “employee” includes a person employed under a contract of apprenticeship;\n  * “relevant individual” has the same meaning as in section 194A.\n(11) The following Table gives the meaning of “officer” in relation to services providers for the purposes of this section—\nServices provider                                     Meaning of “officer”\nRegistered charity which is not a registered company  Trustee, secretary or treasurer\nRegistered society                                    “Officer” within the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014 (including a person co-opted to serve on the society’s committee)\nRegistered company                                    “Officer” within the meaning given by section 1173 of the Companies Act 2006\nLimited liability partnership                         A member of the limited liability partnership.”\n\n(2) In section 196 of that Act (consultation), after subsection (2) insert—\n“(3)Before setting a standard under section 194A which imposes a requirement described in subsection (4) of that section, the regulator must consult, or ensure that there has been consultation with, each body (if any) which is nominated by the Secretary of State for the purposes of this subsection.\n(4) The Secretary of State may nominate a body for the purposes of subsection (3) only if the body appears to the Secretary of State to represent the interests of services providers in relation to registered providers (as defined in section 194B(2)).\n(5) The Secretary of State must notify the regulator of any nomination (or withdrawal of any nomination) made for the purposes of subsection (3).”\n(3) In section 197 of that Act (direction by Secretary of State), after subsection (5) insert—\n“(5A)Before giving a direction to set a standard under section 194A which imposes a requirement described in subsection (4) of that section, the Secretary of State must consult one or more bodies appearing to the Secretary of State to represent the interests of services providers in relation to registered providers (as defined in section 194B(2)).”\n(4) After section 217 of that Act insert—\n\n“217AImplied terms of management services agreements relating to qualifications\n(1) Each management services agreement in relation to social housing of a registered provider, whenever entered into, is to be treated as including the terms set out in subsection (4).\n(2) In this section, a “management services agreement”, in relation to social housing of a registered provider, means an agreement under which one person (a “services provider”) agrees with another person (the “services recipient”) to provide services in connection with the management of social housing provided by the registered provider or to arrange for the provision of such services.\n(3) For the purposes of subsection (2)—\n(a) an agreement does not include a contract of employment or a contract of apprenticeship, and\n(b) the services recipient may be the registered provider or another person.\n(4) The terms are that—\n(a) the services provider must secure that its relevant managers who are involved in the provision of services in connection with the management of social housing to which the agreement relates meet the qualification standard at all times;\n(b) in the event that the services provider does not comply with the term set out in paragraph (a), the services provider will take such action to rectify the non-compliance as is reasonably required by the services recipient;\n(c) the services provider must comply with any reasonable request for information demonstrating whether or not the services provider is complying with the term in paragraph (a) that is made by the registered provider who provides the social housing to which the agreement relates or (if different) the services recipient.\n(5) A relevant manager of a services provider under a management services agreement “meets the qualification standard” if—\n(a) a standard is in force under section 194A which requires the registered provider who provides the social housing to which the agreement relates to take steps to secure that the manager has, or is working towards, a qualification or type of qualification in housing management, and\n(b) the manager has or (as the case may be) is working towards such a qualification,\nor if there is no standard in force under section 194A which imposes a requirement described in paragraph (a).\n(6) A term of a management services agreement is not binding on the services recipient to the extent it would—\n(a) exclude or restrict the liability of the services provider for breach of a term implied by this section, or\n(b) prevent an obligation under a term implied by this section arising or limiting its extent.\n(7) In this section “relevant manager”, in relation to a services provider, has the same meaning as it has for the purposes of section 194A (see section 194A(5)).”\n(5) In consequence of the amendment made by subsection (4), in section 192 of that Act—\n(a) in paragraph (d), omit the final “and”;\n(b) at the end of paragraph (e) insert “, and\n(f) makes provision about terms to be implied into management services agreements (section 217A).”\n\n22 Standards relating to information and transparency\n(1) The Housing and Regeneration Act 2008 is amended as follows.\n(2) After section 194B (inserted by section 21) insert—\n\n“194CStandards relating to information and transparency\n(1) The regulator may set standards for registered providers in matters relating to the provision of information to their tenants of social housing and to the regulator, including standards requiring information to be published.\n(2) Standards under subsection (1) may, in particular, require registered providers to comply with specified rules about—\n(a) the provision of information to their tenants of social housing concerning the accommodation, facilities or services provided in connection with social housing, including information concerning—\n(i) their tenants’ rights in connection with those things, and\n(ii) how to make complaints against registered providers,\n(b) monitoring their compliance with standards under this section and sections 193, 194 and 194A and informing the regulator if they have failed, or there is a risk they will fail, to meet any of those standards, and\n(c) the publication of information about—\n(i) the remuneration of their executives, and\n(ii) their income, management costs and other expenditure.\n(3) For the purposes of subsection (2)(c), an “executive”, in relation to a registered provider, means an individual who is both—\n(a) an officer or employee of the registered provider, and\n(b) responsible for the management of the provider.”\n(3) In section 220 (grounds for giving enforcement notice), in subsection (2), for “193 or 194” substitute “193, 194 or 194C”.\n(4) In section 227 (grounds for imposition of penalty), in subsection (2), for “193 or 194” substitute “193, 194 or 194C”.\n(5) In section 237 (grounds for award of compensation), in subsection (2), for “193 or 194” substitute “193, 194 or 194C”.\n(6) In section 247 (management tender), in subsection (1)(a), for “193 or 194” substitute “193, 194 or 194C”.\n(7) In section 251 (appointment of manager), in subsection (1)(a), for “193 or 194” substitute “193, 194 or 194C”.\n\n23 Code of practice: standards relating to consumer matters\nIn section 195 of the Housing and Regeneration Act 2008 (code of practice)—\n(a) in subsection (1)(a), omit “under section 194”;\n(b) in subsection (2), omit “under that section”.\n\n24 Direction by Secretary of State\nIn section 197 of the Housing and Regeneration Act 2008 (direction by Secretary of State), after subsection (2) insert—\n“(2A)The Secretary of State may direct the regulator—\n(a) to set a standard under section 194A,\n(b) to set a standard under section 194C which relates, in the Secretary of State’s opinion, to the matters in section 194C(2)(a),\n(c) about the content of standards described in paragraph (a) or (b), or\n(d) to have regard to specified objectives when setting those standards.”\n\n25 Secretary of State’s duty to give direction about providing information to tenants\n(1) The Secretary of State must give a direction to the Regulator of Social Housing under section 197(2A) of the Housing and Regeneration Act 2008 about setting a standard under section 194C of that Act (standards relating to information and transparency) for the purpose of securing that registered providers of social housing are required to provide their tenants of low cost rental accommodation with information about—\n(a) their tenants’ rights in connection with the low cost rental accommodation and with facilities or services provided in connection with that accommodation, and\n(b) how their tenants can make a complaint against them.\n(2) The Secretary of State must give the direction before the end of the period of six months beginning with the day on which this Act is passed.\n(3) In this section—\n  * “low cost rental accommodation” means accommodation which—\n    (a) is low cost rental accommodation (as defined in section 69 of the Housing and Regeneration Act 2008) provided by a registered provider of social housing, and\n    (b) is not low cost home ownership accommodation (as defined in section 70 of that Act);\n  * “tenant”, in relation to low cost rental accommodation, includes other occupiers.\n\n26 Failure to meet standards: exercise of intervention powers\nOmit sections 198A and 198B of the Housing and Regeneration Act 2008.\n\n27 Performance monitoring\n(1) The Housing and Regeneration Act 2008 is amended as follows.\n(2) Before section 199 (and the heading immediately before it) insert—\n\n“Performance information\n\n198CDirections about performance information\n(1) The regulator may give directions to registered providers requiring them to collect, process and publish information about their performance in relation to matters covered by standards under sections 193, 194, 194A and 194C.\n(2) Directions under subsection (1) may, in particular, specify or describe—\n(a) the information that must be collected,\n(b) the period the information must cover,\n(c) the method of collecting, processing and presenting information,\n(d) the form in which information must be presented, and\n(e) what information must be published and when and the manner of publication.\n(3) A direction—\n(a) may make provision that applies generally or only to specified cases, circumstances or registered providers, and\n(b) may make different provision for different cases, circumstances or registered providers.\n(4) The regulator must make arrangements for bringing a direction to the attention of every registered provider to which it applies.\n(5) The regulator may request that a registered provider send to the regulator—\n(a) any information collected by the registered provider pursuant to directions under subsection (1);\n(b) an analysis of that information;\n(c) an explanation of how the information was collected, processed or published.”\n(3) In section 220 (grounds for giving enforcement notice), at the appropriate place insert—\n“(11C)Case 13 is where the registered provider has failed to comply with directions or a request under section 198C.”\n(4) In section 227 (grounds for imposition of penalty), at the appropriate place insert—\n“(7C)Case 9 is where the registered provider has failed to comply with directions or a request under section 198C.”\n\nMonitoring and enforcement\n\n28 Surveys\n(1) The Housing and Regeneration Act 2008 is amended as follows.\n(2) In section 199 (survey)—\n(a) in subsection (3)—\n(i) for “subsection (2)” substitute “this section and in sections 199A to 200,”, and\n(ii) for “of this section” substitute “of the section concerned”;\n(b) omit subsections (4) to (6);\n(c) after subsection (8) insert—\n“(9)Arrangements for a person other than a member of the regulator’s staff to carry out a survey may include provision about payments.”\n(3) After section 199 insert—\n\n“199ASurvey: power to enter without warrant\n(1) An authorised person may enter premises at any reasonable time, or times, to carry out a survey under section 199.\n(2) The power in subsection (1) may only be exercised if an authorised person has given at least 48 hours’ notice of the first exercise of the power—\n(a) to the registered provider, and\n(b) if the premises are occupied, to the occupier (or any one of the occupiers).\n(3) The requirement to give notice may be waived—\n(a) in the case of notice required by subsection (2)(a), by the registered provider, and\n(b) in the case of notice required by subsection (2)(b), by the occupier (or any one of the occupiers) of the premises.\n(4) Notice under subsection (2) may state that, if entry to the premises were to be refused, an authorised person would propose to apply for a warrant under section 199B.\n(5) Notice required by subsection (2)(b) may be given by fixing it to some conspicuous part of the premises.\n(6) An authorised person who under this section has entered, or who is seeking to enter, premises in order to carry out a survey must produce a copy of the authorisation mentioned in section 199(3) on request by an occupier.\n(7) An authorised person entering premises to carry out a survey may—\n(a) be accompanied by such other persons, and\n(b) take onto the premises such equipment or materials,\nas the authorised person thinks necessary for the purposes of carrying out the survey.\n(8) Equipment or materials taken onto premises by virtue of subsection (7) may be left in a place on the premises until the survey has been carried out provided that—\n(a) leaving the equipment or the materials in that place does not significantly impair the ability of an occupier to use the premises, or\n(b) leaving the equipment or the materials on the premises is necessary for the purposes of carrying out the survey and it is not possible to leave it or them in a place that does not significantly impair the ability of an occupier to use the premises.\n(9) Where the premises include common parts of a building, references in subsection (8) to the ability of an occupier to use the premises include the ability of an occupier of a dwelling that has use of the common parts to use those parts or the dwelling.\n(10) In this section, “common parts”, in relation to a building, includes the structure and exterior of that building and any common facilities provided (whether or not in the building) for persons who occupy the building.\n\n199BSurvey: power to enter with warrant\n(1) This section applies where a justice of the peace is satisfied, on sworn information in writing by an authorised person, that entry to premises specified in the information is reasonably required to carry out a survey under section 199.\n(2) The justice may issue a warrant authorising the authorised person who is named in it to enter the premises to carry out the survey where the justice is satisfied that—\n(a) entry to the premises has been sought under section 199A but has been refused,\n(b) the premises are unoccupied or that the occupier is temporarily absent, or\n(c) there are reasonable grounds to believe that the authorised person will not be able to obtain entry to the premises without a warrant.\n(3) A warrant under this section authorises the authorised person to enter the premises at any reasonable time, or times, using reasonable force if necessary.\n(4) A warrant under this section authorises an authorised person entering premises to take onto the premises such equipment or materials as the authorised person thinks necessary for the purposes of carrying out the survey.\n(5) Equipment or materials taken onto premises by virtue of subsection (4) may be left in a place on the premises until the survey has been carried out provided that—\n(a) leaving the equipment or the materials in that place does not significantly impair the ability of an occupier to use the premises, or\n(b) leaving the equipment or the materials on the premises is necessary for the purposes of carrying out the survey and it is not possible to leave it or them in a place that does not significantly impair the ability of an occupier to use the premises.\n(6) Where the premises include common parts of a building (as defined in section 199A), references in subsection (5) to the ability of an occupier to use the premises include the ability of an occupier of a dwelling that has use of the common parts to use those parts or the dwelling.\n(7) A warrant under this section may authorise persons (“accompanying persons”) to accompany the authorised person.\n(8) Accompanying persons—\n(a) have the same powers as the authorised person in respect of execution of the warrant, but\n(b) must exercise those powers only in the company, and under the supervision, of the authorised person.\n(9) An authorised person who has entered, or who is seeking to enter, premises under a warrant under this section must produce on request by any person—\n(a) a copy of the warrant;\n(b) a copy of the authorisation mentioned in section 199(3).\n(10) A warrant under this section continues in force until the survey is carried out.\n(11) If the premises are unoccupied or the occupier is temporarily absent, the authorised person who has entered the premises under a warrant under this section must leave the premises as effectively secured against trespassers as the authorised person found them.”\n(4) In section 200 (survey: supplemental)—\n(a) omit subsection (1);\n(b) omit subsection (3);\n(c) for subsection (4) substitute—\n“(4)A registered provider, or an officer of a registered provider, commits an offence if the provider or officer obstructs an authorised person—\n(a) in exercising a power under section 199A, or\n(b) in exercising a power under section 199, where the authorised person has entered the premises to carry out the survey under the power in section 199A.”;\n(d) after subsection (4) insert—\n“(4A)A person commits an offence if the person obstructs an authorised person—\n(a) in exercising a power conferred by a warrant under section 199B, or\n(b) in exercising a power under section 199, where the authorised person has entered the premises to carry out a survey under a warrant under section 199B.”\n\n29 Inspection plan\n(1) The Housing and Regeneration Act 2008 is amended as follows.\n(2) After section 201 (inspections) insert—\n\n“201AInspection plan\n(1) The regulator must make a plan as regards—\n(a) the descriptions of registered provider that should be subject to regular inspection under section 201,\n(b) the intervals at which regular inspections should be carried out under that section, and\n(c) the circumstances in which registered providers should be subject to inspections under that section other than regular inspections.\n(2) The plan may make different provision for different cases, circumstances or areas.\n(3) The regulator must take appropriate steps to implement the plan.\n(4) The regulator must—\n(a) keep the plan under review,\n(b) when appropriate, revise or replace the plan, and\n(c) publish the plan and any revised or replacement plan.”\n(3) In section 215 (use of intervention powers), after subsection (1) insert—\n“(1A)In determining whether the regulator has complied with subsection (1) in relation to its power to arrange for inspections under section 201(1), a plan published under section 201A may be taken into account.”\n\n30 Action after inspection\n(1) The Housing and Regeneration Act 2008 is amended as follows.\n(2) In section 202 (inspections: supplemental), omit subsections (1) to (3).\n(3) In section 203(12) (definition of “inspector”), after “this section” insert “and section 203A”.\n(4) After section 203 insert—\n\n“203AAction after inspection\n(1) After an inspection of a registered provider is carried out by an inspector under section 201, the inspector must produce—\n(a) a written summary of the inspector’s findings, and\n(b) a written report about any matters specified by the regulator.\n(2) The summary and any report must be in the form specified by the regulator.\n(3) The regulator may specify matters, or the form of a summary or report, for the purposes of inspections generally or for the purposes of a particular inspection or description of inspection.\n(4) The regulator must give the registered provider a copy of the summary of the inspector’s findings.\n(5) The regulator must also give the registered provider—\n(a) a copy of the inspector’s report, or\n(b) a notice confirming that no matters were specified for the purposes of subsection (1)(b).\n(6) The regulator may publish—\n(a) all or part of the summary of the inspector’s findings,\n(b)(where relevant) all or part of the inspector’s report, and\n(c) related information.”\n\n31 Performance improvement plans\n(1) The Housing and Regeneration Act 2008 is amended as follows.\n(2) After section 218 insert—\n\n“Performance improvement plans\n\n218APerformance improvement plan notice\n(1) The regulator may give a registered provider a notice (a “performance improvement plan notice”) if the regulator is satisfied that—\n(a) the registered provider has failed to meet a standard under section 193, 194, 194A or 194C,\n(b) there is a risk that, if no action is taken by the regulator or the registered provider, the registered provider will fail to meet a standard under section 193, 194, 194A or 194C,\n(c) the registered provider has failed to comply with directions or a request under section 198C,\n(d) the interests of the tenants of social housing of the registered provider require protection, or\n(e) the registered provider has given an undertaking under section 125 and failed to comply with it.\n(2) A performance improvement plan notice must—\n(a) specify on which of the grounds mentioned in subsection (1) it is given,\n(b) identify the issues which led the regulator to be satisfied of those grounds,\n(c) require the registered provider to prepare and submit to the regulator a plan (a “performance improvement plan”) setting out the action the provider will take to address the issues identified,\n(d) specify the date by which the performance improvement plan must be submitted to the regulator,\n(e) require the registered provider to publish a performance improvement plan if it is approved by the regulator and specify the manner of such publication, and\n(f) explain the effect of subsections (3) and (4) and sections 218B to 218D.\n(3) The regulator may withdraw a performance improvement plan notice by notice to the registered provider.\n(4) If a registered provider fails to comply with a performance improvement plan notice the regulator must consider exercising another power under this Chapter or Chapter 6.\n\n218BPerformance improvement plans\n(1) The regulator must—\n(a) approve a performance improvement plan submitted in accordance with section 218A(2)(c) and (d), or\n(b) reject it, giving reasons for doing so.\n(2) A registered provider must implement in full a performance improvement plan that has been approved by the regulator.\n(3) If a performance improvement plan is rejected, the registered provider will be taken to have failed to comply with the performance improvement plan notice.\n(4) If a tenant of social housing of a registered provider makes a written request to the provider for a copy of the provider’s performance improvement plan which has been approved by the regulator, the registered provider must provide the tenant with a copy as soon as reasonably practicable.\n\n218CCancellation of performance improvement plan\n(1) The regulator may, by notice to a registered provider, cancel a performance improvement plan which it has approved.\n(2) Notice under subsection (1) must specify the date (the “cancellation date”) on which the cancellation takes effect (which may be a date before the notice is given).\n(3) If a performance improvement plan is cancelled in accordance with subsection (1) the duties mentioned in subsection (4) cease to apply (or are treated as having ceased to apply) from the cancellation date.\nBut this does not affect any action taken (or being taken) by the regulator in relation to a breach of such a duty before the cancellation date.\n(4) The duties are—\n(a) the duty to publish a performance improvement plan which has been approved (see section 218A(2)(e));\n(b) the duty in section 218B(2) (duty to implement a plan);\n(c) the duty in section 218B(4) (duty to provide copy of plan).\n\n218DAppeals\n(1) A registered provider may appeal to the High Court against a decision of the regulator to give the provider a performance improvement plan notice.\n(2) An appeal under this section must be brought within the period of 28 days beginning with the day on which the registered provider is given the notice.\n(3) The requirement to prepare and submit a performance improvement plan is suspended during the appeal period.\n(4) The “appeal period” means—\n(a) where an appeal is brought, the period beginning with the day on which the performance improvement plan notice is given and ending with the day on which the appeal is finally determined or withdrawn, and\n(b) otherwise, the period during which an appeal could be brought.\n(5) But where a performance improvement plan has been approved under section 218B an appeal under this section does not suspend—\n(a) the duty to publish a performance improvement plan which has been approved (see section 218A(2)(e));\n(b) the duty in section 218B(2) (duty to implement a plan);\n(c) the duty in section 218B(4) (duty to provide copy of plan).”\n(3) In section 220 (grounds for giving enforcement notice), before subsection (12) (but after the subsection (11C) inserted by section 27) insert—\n“(11D)Case 14 is where the registered provider has failed to comply with a performance improvement plan notice.\n(11E) Case 15 is where the registered provider has a performance improvement plan which has been approved by the regulator and has failed to implement it in full.”\n(4) In section 227 (grounds for imposition of a penalty), before subsection (8) (but after the subsection (7C) inserted by section 27) insert—\n“(7D)Case 10 is where the registered provider has failed to comply with a performance improvement plan notice.\n(7E) Case 11 is where the registered provider has failed to comply with the duty in section 218B(4) (duty to provide copy of performance improvement plan).”\n(5) In section 237 (grounds for award of compensation) at the end insert—\n“(5)Case 4 is where the registered provider has failed to comply with a performance improvement plan notice.\n(6) Case 5 is where the registered provider has failed to comply with the duty in section 218B(4) (duty to provide copy of performance improvement plan).”\n(6) In section 247 (management tender), in subsection (1), after paragraph (b) insert “, or\n(c) a registered provider has failed to comply with a performance improvement plan notice.”\n(7) In section 251 (appointment of manager), in subsection (1), after paragraph (b) insert “, or\n(c) a registered provider has failed to comply with a performance improvement plan notice.”\n(8) In section 252A (appointment of advisers to local authority), in subsection (2), at the end of paragraph (e) (inserted by paragraph 10 of Schedule 3) insert “, or\n(f) that the authority has failed to comply with a performance improvement plan notice.”\n\n32 Emergency remedial action\nAfter section 225 of the Housing and Regeneration Act 2008 insert—\n\n“Emergency remedial action\n\n225AOverview\nThis group of sections gives the regulator power to authorise persons to enter premises to take specified action to remedy specified failures on the part of registered providers.\n\n225BPower to take emergency remedial action\n(1) If the conditions in subsections (2) to (4) are met, the regulator may arrange for an authorised person to take emergency remedial action in respect of premises.\n(2) Condition 1 is that a survey of the condition of the premises has been carried out under section 199.\n(3) Condition 2 is that the regulator is satisfied that—\n(a) the registered provider has failed to maintain the premises in accordance with standards under section 193, and\n(b) that failure has caused an imminent risk of serious harm to the health or safety of the occupiers of those or other premises.\n(4) Condition 3 is that the registered provider has failed to comply with an enforcement notice requiring it to take action to address the failure mentioned in subsection (3)(a).\n(5) In this section and in sections 225C to 225G, “emergency remedial action”, in relation to premises, is carrying out such works to the premises as the authorised person considers immediately necessary to remove the imminent risk of serious harm mentioned in subsection (3)(b).\n(6) In this section and in sections 225C to 225G, “authorised person” means a member of the regulator’s staff, or another person, authorised in writing by the regulator for the purposes of the section concerned.\n(7) Arrangements for a person other than a member of the regulator’s staff to take emergency remedial action may include provision about payments.\n\n225CEmergency remedial action: power to enter without warrant\n(1) An authorised person may enter premises at any reasonable time, or times, to take emergency remedial action.\n(2) The power in subsection (1) may only be exercised if an authorised person has given a pre-entry notice to—\n(a) if the premises are occupied, the occupier (or any one of the occupiers),\n(b) if the premises include common parts of a building and there are occupied dwellings in the building that have use of those common parts, the occupier (or any one of the occupiers) of each of those dwellings,\n(c) the registered provider whose failure to maintain the premises has caused the imminent risk of serious harm, and\n(d) each person registered in the register kept under section 1 of the Land Registration Act 2002 as the proprietor of a registered estate (within the meaning of that Act) in the premises.\n(3) A pre-entry notice required by subsection (2) need only be given once in respect of emergency remedial action in relation to premises, even if an authorised person enters the premises on more than one occasion in order to take the emergency remedial action.\n(4) A “pre-entry notice” is a notice which—\n(a) identifies the premises to be entered;\n(b) identifies the failure to maintain the premises which has caused the imminent risk of serious harm;\n(c) states that a person authorised by the regulator intends to enter the premises;\n(d) specifies the date (or the first date) that the authorised person proposes to enter the premises to take emergency remedial action;\n(e) specifies the power under this section as the power under which the authorised person intends to enter the premises;\n(f) explains the effect of section 225H.\n(5) A pre-entry notice may state that, if entry to the premises were to be refused, an authorised person would propose to apply for a warrant under section 225E.\n(6) An authorised person may not enter premises in reliance on a pre-entry notice—\n(a) before the date (or the first date) specified in the notice, or\n(b) within 24 hours of giving the notice,\nexcept where the relevant person in respect of the notice consents.\n(7) In subsection (6), “the relevant person” in respect of the pre-entry notice means—\n(a) in the case of a pre-entry notice required by subsection (2)(a) or (b), the occupier (or any one of the occupiers) of the premises or dwelling;\n(b) in the case of a pre-entry notice required by subsection (2)(c) or (d), the person (or each person) to whom a pre-entry notice is required to be given.\n(8) In this section, “common parts”, in relation to a building, includes the structure and exterior of that building and any common facilities provided (whether or not in the building) for persons who occupy the building.\n\n225DPower under section 225C: supplementary\n(1) A pre-entry notice required by section 225C(2)(a) or (b) may be given by fixing it to some conspicuous part of the premises.\n(2) A pre-entry notice required by section 225C(2)(d) may be given by sending it to an address supplied for the purpose of service of notice under the Land Registration Act 2002 (see paragraph 5 of Schedule 10 to that Act).\n(3) An authorised person who under section 225C has entered, or who is seeking to enter, premises to take emergency remedial action must produce a copy of the authorisation mentioned in 225B(6) on request by an occupier.\n(4) An authorised person entering premises to take emergency remedial action may—\n(a) be accompanied by such other persons, and\n(b) take onto the premises such equipment or materials,\nas the authorised person thinks necessary for the purposes of taking the emergency remedial action.\n(5) Equipment or materials taken onto premises by virtue of subsection (4)(b) may be left in a place on the premises until the emergency remedial action has been taken provided that—\n(a) leaving the equipment or the materials in that place does not significantly impair the ability of an occupier to use the premises, or\n(b) leaving the equipment or the materials on the premises is necessary for the purposes of taking the emergency remedial action and it is not possible to leave it or them in a place that does not significantly impair the ability of an occupier to use the premises.\n(6) Where the premises include common parts of a building (as defined in section 225C), references in subsection (5) to the ability of an occupier to use the premises include the ability of an occupier of a dwelling that has use of the common parts to use those parts or the dwelling.\n\n225EEmergency remedial action: power to enter with warrant\n(1) This section applies where a justice of the peace is satisfied, on sworn information in writing by an authorised person, that entry to premises specified in the information is reasonably required to take emergency remedial action under section 225B.\n(2) The justice may issue a warrant authorising the authorised person who is named in it to enter the premises to take emergency remedial action where the justice is satisfied that—\n(a) entry to the premises has been sought under section 225C but has been refused,\n(b) the premises are unoccupied or that the occupier is temporarily absent, or\n(c) there are reasonable grounds to believe that the authorised person will not be able to obtain entry to the premises without a warrant.\n(3) A warrant under this section authorises the authorised person to enter the premises at any reasonable time, or times, using reasonable force if necessary.\n(4) A warrant under this section authorises an authorised person entering premises to take onto the premises such equipment or materials as the authorised person thinks necessary for the purposes of taking the emergency remedial action.\n(5) Equipment or materials taken onto premises by virtue of subsection (4) may be left in a place on the premises until the emergency remedial action has been taken provided that—\n(a) leaving the equipment or the materials in that place does not significantly impair the ability of an occupier to use the premises, or\n(b) leaving the equipment or the materials on the premises is necessary for the purposes of taking the emergency remedial action and it is not possible to leave it or them in a place that does not significantly impair the ability of an occupier to use the premises.\n(6) Where the premises include common parts of a building (as defined in section 225C), references in subsection (5) to the ability of an occupier to use the premises include the ability of an occupier of a dwelling that has use of the common parts to use those parts or the dwelling.\n(7) A warrant under this section may authorise persons (“accompanying persons”) to accompany the authorised person.\n(8) Accompanying persons—\n(a) have the same powers as the authorised person in respect of execution of the warrant, but\n(b) must exercise those powers only in the company, and under the supervision, of the authorised person.\n(9) An authorised person who has entered, or who is seeking to enter, premises under a warrant under this section must produce on request by any person—\n(a) a copy of the warrant;\n(b) a copy of the authorisation mentioned in 225B(6).\n(10) A warrant under this section continues in force until the emergency remedial action has been taken.\n(11) If the premises are unoccupied or the occupier is temporarily absent, the authorised person who has entered the premises under a warrant under this section must leave the premises as effectively secured against trespassers as the authorised person found them.\n\n225FOffences\n(1) A registered provider, or an officer of a registered provider, commits an offence if the provider or officer obstructs an authorised person—\n(a) in exercising a power under section 225C or 225D, or\n(b) in exercising a power under section 225B, where the authorised person has entered the premises to take emergency remedial action under the power in section 225C.\n(2) A person commits an offence if the person obstructs an authorised person—\n(a) in exercising a power conferred by a warrant under section 225E, or\n(b) in exercising a power under section 225B, where the authorised person has entered the premises to take emergency remedial action under a warrant under section 225E.\n(3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.\n(4) Proceedings for an offence under this section may be brought only by or with the consent of—\n(a) the regulator, or\n(b) the Director of Public Prosecutions.\n\n225GReclaiming expenses\n(1) Where the regulator makes arrangements under section 225B, the regulator may by notice require the registered provider concerned to pay to the regulator—\n(a) such relevant expenses as are specified in the notice;\n(b) interest on those expenses (see subsection (4)).\n(2)“Relevant expenses” are—\n(a) expenses reasonably incurred by the regulator—\n(i) in deciding whether to make arrangements under section 225B;\n(ii) in making those arrangements;\n(iii) in the authorised person taking emergency remedial action;\n(b) any costs reasonably incurred by the regulator related to the action in paragraph (a)(iii).\n(3) Sums mentioned in subsection (1)(a) are payable at the end of the period of 28 days beginning with the day on which the notice is given.\n(4) Interest may be charged on any sums not paid by the end of the period mentioned in subsection (3) at such reasonable rate as the regulator may determine.\n\n225HAppeals\n(1) A registered provider may appeal to the High Court against—\n(a) a decision of the regulator to make arrangements under section 225B(1);\n(b) a decision of the regulator to give a notice under section 225G(1).\n(2) An appeal under subsection (1)(a) must be brought within the period of 28 days beginning—\n(a) with the day on which the registered provider is given the pre-entry notice under section 225C(2), or\n(b) with the day on which the premises were first entered under a warrant obtained under section 225E on the grounds in subsection (2)(b) or (c) of that section.\n(3) An appeal under subsection (1)(b) must be brought within the period of 28 days beginning with the day on which the registered provider is given the notice under section 225G(1).\n(4) No question may be raised on an appeal under subsection (1)(b) which might have been raised on an appeal under subsection (1)(a).\n(5) Where an appeal under subsection (1)(b) is brought—\n(a) the requirement to pay the sums described in section 225G(1)(a) is suspended during the period beginning with the day on which the notice under section 225G(1) is given and ending with the day on which the appeal is finally determined or withdrawn, and\n(b) no interest is payable by virtue of section 225G(1)(b) in respect of that period.”\n\n33 Extension of powers to charities who have not received public assistance\nIn the Housing and Regeneration Act 2008 omit—\n(a) section 209(1) (inquiries);\n(b) section 256(7) (orders restricting dealings during inquiry);\n(c) section 257(5) (orders restricting dealings following inquiry);\n(d) section 259(5) (orders suspending officers etc during inquiry);\n(e) section 260(4) (orders removing or suspending officers etc following inquiry);\n(f) section 267(2) (orders removing officers);\n(g) section 269(6)(a), including the final “and” (orders appointing new officers).\n\n34 Notification of Charity Commission of exercise of enforcement powers\n(1) The Housing and Regeneration Act 2008 is amended as follows.\n(2) In section 256 (restrictions on dealings during inquiry), after subsection (6) insert—\n“(6A)If the registered provider is a registered charity, the regulator must notify the Charity Commission if it makes an order under this section.”\n(3) In section 257 (restrictions on dealings following inquiry), after subsection (4) insert—\n“(4A)If the registered provider is a registered charity, the regulator must notify the Charity Commission if it makes an order under this section.”\n(4) In section 267 (supplemental provision about removal of officers), after subsection (1A) (inserted by paragraph 17 of Schedule 4) insert—\n“(1B)The regulator must notify the Charity Commission if it makes an order removing an officer of a registered charity.”\n(5) In section 269 (appointment of new officers), in subsection (6)(b), for “consulted the Charity Commission” substitute “notified the Charity Commission of its intention to do so”.\n\n35 Exercise of powers: land with a Crown or Duchy interest\nBefore section 277 of the Housing and Regeneration Act 2008 (but after the heading before that section) insert—\n\n“276AExercise of powers: land with a Crown or Duchy interest\n(1) The powers in Chapters 6 and 7 are exercisable in relation to premises which are on land in which there is a Crown interest or a Duchy interest.\n(2) A “Crown interest” means—\n(a) an interest belonging to His Majesty in right of the Crown, or\n(b) an interest belonging to a government department or held in trust for His Majesty for the purposes of a government department.\n(3) A “Duchy interest” means an interest belonging to His Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall.”\n\n36 Regulatory and enforcement powers: further amendments\nSchedule 3 makes further amendments to the regulatory and enforcement powers of the Regulator of Social Housing.\n\nSocial housing\n\n37 Leaving the social housing stock: end of lease\n(1) In section 74 of the Housing and Regeneration Act 2008 (leaving the social housing stock: ending of lease)—\n(a) in the heading, for “expired” substitute “ending of”;\n(b) in subsection (1)(b), for “expires” substitute “determines (whether by effluxion of time or in any other way)”;\n(c) for subsection (2) substitute—\n“(2)But subsection (1) does not apply if, immediately before the leasehold interest determines, the lessor was—\n(a) an associate or subsidiary of the provider, or\n(b) a registered provider.”\n(2) The amendments in subsection (1) apply in relation to leases granted on or after 10 June 2022.\n\nMeaning of “subsidiary”\n\n38 Meaning of “subsidiary”\n(1) In section 271 of the Housing and Regeneration Act 2008 (meaning of subsidiary and associate), for subsections (1) to (5) substitute—\n“(1)A person (“A”) is a subsidiary of another person (“B”) if—\n(a) A is a subsidiary undertaking in relation to B for the purposes of the Companies Acts (see section 1162 of, and Schedule 7 to, the Companies Act 2006), or\n(b) A would be a subsidiary undertaking in relation to B for those purposes if “undertaking” were defined for those purposes to mean any person.”\n(2) For the purposes of section 74 of the Housing and Regeneration Act 2008, the amendment in subsection (1) applies in relation to leases granted on or after 10 June 2022.\n\nAppeals\n\n39 Appeals\nSchedule 4 makes provision about appeals under the Housing and Regeneration Act 2008.\n\nHousing ombudsman\n\n40 Housing ombudsman scheme\n(1) Schedule 2 to the Housing Act 1996 (social rented sector: housing complaints) is amended as follows.\n(2) In paragraph 2, in sub-paragraph (1), after item 11 insert—\n“11AA power of the housing ombudsman to issue a code of practice about the procedures members of the scheme should have in place for considering complaints against them.\n11BA duty of the housing ombudsman to consult—\n(a) the Regulator of Social Housing,\n(b) members of the scheme, and\n(c) individuals who may make complaints under the scheme,\nbefore issuing, revising or replacing any such code.\n11CA duty of the housing ombudsman to monitor compliance with a code of practice described in item 11A that it has issued.”\n(3) In paragraph 2, in sub-paragraph (1), in item 15, for “expenses of the scheme” substitute “costs of the person administering the scheme and the scheme’s housing ombudsman”.\n(4) In paragraph 7, after sub-paragraph (2) insert—\n“(2A)Sub-paragraph (2B) applies where during an investigation of a complaint against a member of the scheme, a housing ombudsman identifies that the member’s policies or practices in relation to a matter may give rise to further complaints about that matter.\n(2B) The housing ombudsman may, in the ombudsman’s determination of the complaint, order the member to review their policy or practice on that matter.”\n(5) In paragraph 11—\n(a) after sub-paragraph (1) insert—\n“(1ZA)The amount of a subscription payable by a member may be calculated by reference to costs incurred, or likely to be incurred, by the person administering the scheme and the scheme’s housing ombudsman in carrying out any of their functions, including costs unconnected with the member and costs unconnected with the operation of the scheme.”;\n(b) in sub-paragraph (1B), for “expenses”, in both places, substitute “costs”;\n(c) in sub-paragraph (1C)—\n(i) for “expenses”, in the first place it occurs, substitute “costs”;\n(ii) for “expenses of the scheme” substitute “costs”.\n\n41 Power of housing ombudsman to issue guidance to scheme members\n(1) The Housing Act 1996 is amended as follows.\n(2) In the italic heading before section 51, for “complaints” substitute “ombudsman”.\n(3) After section 51 insert—\n\n“51ZAPower of housing ombudsman to issue guidance to scheme members\n(1) This section applies where a scheme is approved by the Secretary of State under Schedule 2.\n(2) The housing ombudsman may issue to the members of the scheme guidance as to good practice in the carrying on of housing activities covered by the scheme.\n(3) Before issuing, revising or replacing guidance under this section, the housing ombudsman must consult—\n(a) the Regulator of Social Housing,\n(b) members of the scheme, and\n(c) individuals who may make complaints under the scheme.\n(4) If the housing ombudsman issues, revises or replaces guidance under this section, the housing ombudsman must publish the guidance, the revised guidance or (as the case may be) the replacement guidance.\n(5) Subsection (7) applies if—\n(a) an individual makes a complaint against a member of the scheme,\n(b) the complaint is made under the scheme or the conditions in subsection (6) are met in relation to the complaint, and\n(c) it appears to the housing ombudsman that the complaint relates to a matter to which guidance issued by the ombudsman under this section relates.\n(6) The conditions referred to in subsection (5)(b) are that—\n(a) the complaint is made to the member of the scheme,\n(b) the complaint is one that the individual could subsequently make under the scheme, and\n(c) the individual has notified the ombudsman about the complaint.\n(7) The housing ombudsman may order the member of the scheme to—\n(a) assess whether the member’s policies and practices in relation to the matter mentioned in subsection (5)(c) are consistent with the guidance issued by the ombudsman under this section in relation to that matter, and\n(b) within a period specified in the order, submit to the ombudsman a written statement of the results of the assessment.\n(8) If a member of the scheme fails to comply with an order under subsection (7) within the period specified in the order, the housing ombudsman may order the member to publish in such manner as the ombudsman sees fit a statement that the member has failed to comply with the order.\n(9) If a member of the scheme fails to comply with an order under subsection (8), the housing ombudsman may—\n(a) take such steps as the ombudsman considers appropriate to publish what the member ought to have published, and\n(b) recover from the member the costs of doing so.\n(10) In this section, “the housing ombudsman” means the housing ombudsman appointed in accordance with the scheme.”\n\nSocial housing leases: remedying hazards\n\n42 Social housing leases: remedying hazards\nAfter section 10 of the Landlord and Tenant Act 1985 insert—\n\n“Implied term as to remedying of hazards\n\n10ARemedying of hazards occurring in dwellings let on relevant social housing leases\n(1) This section applies to a lease of a dwelling if—\n(a) the dwelling is in England,\n(b) the lease is a relevant social housing lease, and\n(c) section 9A—\n(i) applies to the lease (see section 9B), or\n(ii) would apply to the lease if the provision in section 9B(3) did not exist.\n(2) There is implied in the lease a covenant by the lessor that the lessor will comply with all prescribed requirements that are applicable to that lease.\n(3) The Secretary of State must make regulations which require the lessor under a lease to which this section applies to take action, in relation to prescribed hazards which affect or may affect the leased dwelling, within the period or periods specified in the regulations.\n(4) Regulations under subsection (3) are enforceable against lessors only through actions for breach of the covenant that is implied by subsection (2).\n(5) In any proceedings for a breach of the covenant that is implied by subsection (2), it is a defence for the lessor to prove that the lessor used all reasonable endeavours to avoid that breach.\n(6) For the purposes of this section a lease is a “relevant social housing lease” at any time when—\n(a) the lessor under the lease is a registered provider of social housing, and\n(b) the dwelling leased under the lease—\n(i) is social housing, but\n(ii) is not low cost home ownership accommodation.\n(7) In this section and section 10B—\n  * “lease”, “lessor” and “lessee” have the same meanings as in section 9A (see section 9A(9));\n  * “low cost home ownership accommodation” has the meaning given in section 70 of the Housing and Regeneration Act 2008;\n  * “prescribed hazard” has the same meaning as in section 10 (see section 10(2) and (3));\n  * “prescribed requirement” means a requirement prescribed in regulations under subsection (3);\n  * “social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008 (see sections 68 and 72 of that Act).\n\n10BRegulations section 10A: supplementary provision\n(1) Regulations under section 10A(3) may apply to—\n(a) leases granted before the day when section 42 of the Social Housing (Regulation) Act 2023 came into force;\n(b) prescribed hazards which began before that day;\n(c) only some descriptions of prescribed hazards.\n(2) Regulations under section 10A(3) may—\n(a) specify a period that is not of a specific duration (for example a reasonable or appropriate period, including a period decided by the lessor or another person);\n(b) specify two (or more) periods in relation to particular action.\n(3) Regulations under section 10A(3) may (in particular)—\n(a) require the lessor to take particular action, or action that is intended to produce a particular outcome, in relation to a prescribed hazard;\n(b) require the lessor to take action in relation to a prescribed hazard that is not of itself intended to remedy the hazard, for example by requiring the lessor—\n(i) to investigate whether or how a prescribed hazard is affecting the leased dwelling, or\n(ii) to secure that the lessee and any other members of the lessee’s household are provided with alternative accommodation at no cost to them;\n(c) require the lessor to take action in relation to a prescribed hazard only—\n(i) in particular circumstances, or\n(ii) if particular conditions are met;\n(d) provide that the lessor is not required to take action in relation to a prescribed hazard—\n(i) in particular circumstances, or\n(ii) if particular conditions are met.\n(4) The Secretary of State may by regulations—\n(a) provide for section 10A not to apply to particular descriptions of leases;\n(b) make provision, in relation to the covenant that is implied by section 10A(2), which corresponds to any provision made by section 9A(4) to (8).\n(5) A power to make regulations under section 10A or this section includes power to make—\n(a) incidental, transitional or saving provision;\n(b) different provision for different purposes.\n(6) The power to make transitional or saving provision may (in particular) be used to make provision about situations where the covenant in section 10A(2)—\n(a) begins to be implied in a lease after its grant because it becomes a relevant social housing lease;\n(b) ceases to be implied in a lease because it ceases to be a relevant social housing lease (including provision to save the lessor’s liability for any breach of the covenant occurring before it ceases to be implied).\n(7) Regulations under section 10A or this section are to be made by statutory instrument.\n(8) A statutory instrument containing regulations under section 10A or this section may not be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.”\n\nGeneral\n\n43 Minor and consequential amendments\nSchedule 5 contains minor and consequential amendments.\n\n44 Power to make consequential provision\n(1) The Secretary of State may by regulations make provision that is consequential on this Act.\n(2) Regulations under this section may amend, repeal or revoke provision made by or under an Act passed—\n(a) before this Act, or\n(b) later in the same session of Parliament as this Act.\n(3) Regulations under this section—\n(a) are to be made by statutory instrument;\n(b) may include different provision for different purposes.\n(4) A statutory instrument containing (whether alone or with other provision) regulations under this section that amend or repeal provision made by an Act may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.\n(5) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.\n\n45 Extent\n(1) This Act extends to England and Wales only, subject to subsections (2) and (3).\n(2) Section 44, this section and sections 46 and 47 extend to England and Wales, Scotland and Northern Ireland.\n(3) An amendment or repeal has the same extent as the provision amended or repealed.\n\n46 Commencement\n(1) The following come into force on the day this Act is passed—\n(a) section 11;\n(b) sections 44 and 45;\n(c) this section;\n(d) section 47.\n(2) Sections 25, 40 and 41 come into force at the end of the period of two months beginning with the day on which this Act is passed.\n(3) The other provisions of this Act come into force on such day or days as the Secretary of State may by regulations appoint.\n(4) The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.\n(5) The power to make regulations under subsection (4) includes power to make different provision for different purposes.\n(6) Regulations under this section are to be made by statutory instrument.\n\n47 Short title\nThis Act may be cited as the Social Housing (Regulation) Act 2023.\n\nSchedules\nSection 13\n\nSchedule 1 Limited liability partnerships\n\nPart 1 Amendments of the Housing and Planning Act 2016\n\nIntroductory\n1 The Housing and Planning Act 2016 is amended as set out in paragraphs 2 to 9.\nProspective\n\nExtension of housing administration regime\n2 In section 95 (housing administration orders), in subsection (1), after paragraph (a)(i) insert—\n“(ia)a limited liability partnership,”.\n3 In section 100 (powers of court: meaning of “relevant officer”), in subsection (7), after paragraph (a) insert—\n“(aa)in relation to a limited liability partnership, means a member of the partnership,”.\n\nRestrictions on insolvency procedures\n4 In section 102 (power to make regulations applying etc insolvency legislation), in subsections (2) and (3), after “relation to” insert “a limited liability partnership,”.\n5 In section 104 (winding-up orders), after subsection (1)(a) insert—\n“(aa)a limited liability partnership,”.\n6 In section 105 (voluntary winding up), in subsection (1), after paragraph (a), insert—\n“(aa)a limited liability partnership,”.\n7 In section 106 (ordinary administration orders)—\n(a) in subsection (1), in paragraph (a), omit the final “or”;\n(b) after that paragraph insert—\n“(aa)a limited liability partnership, or”.\n8 In section 107 (administrator appointments by creditors)—\n(a) in subsection (1), in paragraph (a), omit the final “or”;\n(b) after that paragraph insert—\n“(aa)a limited liability partnership, or”.\n\nInterpretation\n9 In section 116 (interpretation of Chapter 5 of Part 2)—\n(a) in subsection (1), in the definition of “the court”, after “company”, in each place it occurs, insert “, limited liability partnership”;\n(b) in subsection (7), after paragraph (a) insert—\n“(aa)in relation to a limited liability partnership, are to that provision as it applies to limited liability partnerships otherwise than by virtue of regulations under section 102 (if at all),”.\n\nPart 2 Amendments of the Housing and Regeneration Act 2008\n\nIntroductory\n10 The Housing and Regeneration Act 2008 is amended as set out in paragraphs 11 to 20.\n\nNotice of registration or de-registration\n11 In section 120 (notice), in subsection (1)(c), after “charity)” insert “or a limited liability partnership”.\n\nAccounts\n12(1)Section 129 (companies exempt from audit) is amended as follows.\n(2) In the heading, after “companies” insert “or limited liability partnerships”.\n(3) In subsection (1)(a), after “charity” insert “or is a limited liability partnership”.\n(4) In subsection (2)—\n(a) after “directors of the company” insert “or members of the limited liability partnership”;\n(b) for “company’s”, in both places, substitute “registered provider’s”;\n(c) for “which the company” substitute “which the registered provider”.\n(5) In subsection (3), for “has the same meaning as in” substitute “means accounts prepared in accordance with”.\n13(1)Section 130 (exempt companies: accountant’s report) is amended as follows.\n(2) In the heading, after “companies” insert “or limited liability partnerships”.\n(3) In subsection (2), for “company’s” substitute “registered provider’s”.\n(4) In subsection (3)(b), for “company” substitute “registered provider”.\n(5) For subsection (6) substitute—\n“(6)In this section and sections 131 and 132—\n  * “firm” means any entity, whether or not a legal person, that is not an individual and includes a body corporate, a corporation sole and a partnership or other unincorporated association;\n  * “body corporate” includes a body incorporated outside the United Kingdom.”\n14 In section 131 (exempt companies: reporting accountant)—\n(a) in the heading, after “companies” insert “or limited liability partnerships”;\n(b) in subsection (1), for “company”, in both places, substitute “registered provider”.\n15(1)Section 132 (application of Companies Act) is amended as follows.\n(2) In subsection (1)—\n(a) for “company” substitute “registered provider”;\n(b) for “company’s” substitute “registered provider’s”.\n(3) In subsection (2)(e)—\n(a) for “454(4)(b)” substitute “454”;\n(b) for the words from “provision” to the end substitute “section (revised accounts and reports),”.\n16 In section 133 (exempt companies: extraordinary audit)—\n(a) in the heading, after “companies” insert “or limited liability partnerships”;\n(b) in subsections (1), (2) and (4), for “company”, in each place, substitute “registered provider”.\n17 In section 141 (offences), in subsection (6), omit the words from “not” to the end.\n\nMoratorium on disposal of land\n18 In section 154 (implementation of regulator’s proposals), in subsection (2), after paragraph (aa) insert—\n“(ab)in the case of a limited liability partnership, its members,”.\n\nArrangements and reconstructions\n19 In section 160 (arrangements and reconstructions)—\n(a) in the heading, after “company” insert “and limited liability partnership”;\n(b) in subsection (1), after “company” insert “or a limited liability partnership”.\n\nMeaning of “officer”\n20 In section 270 (meaning of “officer” of a private registered provider), in the Table, after the entry relating to “Registered company” insert—\n“Limited liability partnership  A member of the limited liability partnership”.\n\nSection 14\n\nSchedule 2 Amendments to restrictions on insolvency procedures\n1 The Housing and Planning Act 2016 is amended as follows.\n2 In section 104 (winding-up orders), after subsection (2) insert—\n“(2A)A notice under subsection (2) must—\n(a) be given in writing,\n(b) be signed by, or on behalf of, the petitioner,\n(c) specify the date the petition was presented, and\n(d) contain a copy of the petition.\n(2B) Subsection (2C) applies if a person gives a notice purporting to be a notice under subsection (2) but which does not meet the requirements of any (or all) of paragraphs (b), (c) or (d) of subsection (2A).\n(2C) The Regulator of Social Housing may, by notice in writing to the petitioner, treat the purported notice as notice given under subsection (2)(a) (and a purported notice so treated will be taken as having been given at the time the purported notice was given).”\n3 In section 105 (voluntary winding up), after subsection (4) insert—\n“(4A)A notice under subsection (4) must—\n(a) be given in writing,\n(b) be signed by, or on behalf of, the registered provider,\n(c) specify the date the application was made, and\n(d) contain a copy of the application.\n(4B) Subsection (4C) applies if a person gives a notice purporting to be a notice under subsection (4) but which does not meet the requirements of any (or all) of paragraphs (b), (c) or (d) of subsection (4A).\n(4C) The Regulator of Social Housing may, by notice in writing to the registered provider, treat the purported notice as notice given under subsection (4)(a) (and a purported notice so treated will be taken as having been given at the time the purported notice was given).”\n4 In section 106 (ordinary administration orders), after subsection (3) insert—\n“(3A)A notice under subsection (3) must—\n(a) be given in writing,\n(b) be signed by, or on behalf of, the person who made the ordinary administration application,\n(c) specify the date the application was made, and\n(d) contain a copy of the application.\n(3B) Subsection (3C) applies if a person gives a notice purporting to be a notice under subsection (3) but which does not meet the requirements of any (or all) of paragraphs (b), (c) or (d) of subsection (3A).\n(3C) The Regulator of Social Housing may, by notice in writing to the person who made the ordinary administration application, treat the purported notice as notice given under subsection (3)(a)(i) (and a purported notice so treated will be taken as having been given at the time the purported notice was given).”\n5 In section 107 (appointment of administrator)—\n(a) in the heading, after “creditors” insert “etc”;\n(b) in subsection (4)(a)(i) omit the words from “, accompanied” to “1986”;\n(c) after subsection (4) insert—\n“(4A)A notice under subsection (4) must—\n(a) be given in writing,\n(b) be signed by, or on behalf of, the person making the appointment,\n(c) specify the date the appointment was made, and\n(d) contain copies of every document in relation to the appointment that is filed or lodged with the court in accordance with paragraph 18 or 29 of Schedule B1 to the Insolvency Act 1986.\n(4B) Subsection (4C) applies if a person gives a notice purporting to be a notice under subsection (4) but which does not meet the requirements of any (or all) of paragraphs (b), (c) or (d) of subsection (4A).\n(4C) The Regulator of Social Housing may, by notice in writing to the person making the appointment, treat the purported notice as notice given under subsection (4)(a)(i) (and a purported notice so treated will be taken as having been given at the time the purported notice was given).”;\n(d) in subsection (5) omit “(and a copy of the accompanying documents)”.\n6 In section 108 (enforcement of security)—\n(a) in subsection (1), omit the words from “that” to the end;\n(b) after subsection (2) insert—\n“(2A)A notice under subsection (2) must—\n(a) be given in writing, and\n(b) be signed by, or on behalf of, the person intending to enforce the security.\n(2B) Subsection (2C) applies if a person gives a notice purporting to be a notice under subsection (2) but which does not meet the requirement of paragraph (b) of subsection (2A).\n(2C) The Regulator of Social Housing may, by notice in writing to the person intending to enforce the security, treat the purported notice as notice given under subsection (2)(a) (and a purported notice so treated will be taken as having been given at the time the purported notice was given).”;\n(c) omit subsection (3);\n(d) before subsection (4) insert—\n“(3A)In the case of a registered provider that is a charity registered under the Charities Act 2011 which is not a body corporate, the reference to the property of the registered provider is to the property held on the trusts of the charity (and for this purpose “trusts” has the same meaning as in the Charities Act 2011, see section 353 of that Act).”\nSection 36\n\nSchedule 3 Regulatory and enforcement powers\n1 The Housing and Regeneration Act 2008 is amended as follows.\n2 In section 201 (inspections) omit subsections (2) and (2A).\n3 In section 206 (inquiry)—\n(a) for subsection (1) substitute—\n“(1)The regulator may hold an inquiry into the affairs of a registered provider if the regulator suspects that—\n(a) the affairs of the registered provider may have been mismanaged,\n(b) the registered provider has failed to meet a standard under section 193, 194 or 194C, or\n(c) there is a risk that, if no action is taken by the regulator or the registered provider, the registered provider will fail to meet a standard under section 193, 194 or 194C.”;\n(b) in subsection (4)(a), for “, employees or consultants” substitute “or employees”;\n(c) omit subsection (5).\n4 In section 226 (overview of provisions on penalties) omit “private”.\n5 In section 227 (grounds for imposition of penalty), in subsection (1), omit “private”.\n6 In section 229 (amount of penalty)—\n(a) in subsection (2), after “penalty” insert “that may be”;\n(b) in that subsection, for “may not exceed £5,000” substitute “is unlimited”;\n(c) omit subsection (3).\n7 In section 249 (management transfer), in subsection (1)—\n(a) in paragraph (a), omit “or”;\n(b) at the end of paragraph (b) insert “, or\n(c) the registered provider has failed to meet a standard under section 193, 194 or 194C.”\n8 In section 251 (appointment of manager of a private registered provider), in subsection (2), in both places, omit “an individual as”.\n9 In section 252 (supplementary provisions about appointment of manager)—\n(a) for subsection (2) substitute—\n“(2)The registered provider may make representations to the regulator about the notice within the period of 5 days beginning with the day on which the provider receives the notice.”;\n(b) after subsection (2) insert—\n“(2A)Unless the registered provider consents, the regulator may not take action under section 251(2) before the expiry of the period within which the provider may make representations.”;\n(c) omit subsection (3).\n10 In section 252A (appointment of advisers to local authorities), in subsection (2)—\n(a) in the words before paragraph (a), for “thinks” substitute “is satisfied”;\n(b) at the end of paragraph (d) (inserted by section 10) insert—\n“(e)that the authority has failed to meet a standard under section 193, 194 or 194C,”.\n11 In section 253 (transfer of land by private registered provider), in subsection (1)—\n(a) in paragraph (a), omit “or”;\n(b) at the end of paragraph (b) insert “, or\n(c) the registered provider has failed to meet a standard under section 193, 194 or 194C.”\n12 In section 255 (amalgamation), in subsection (1)—\n(a) in paragraph (a), omit “or”;\n(b) at the end of paragraph (b) insert “, or\n(c) the registered provider has failed to meet a standard under section 193, 194 or 194C.”\n13 In section 256 (restrictions on dealings during inquiry)—\n(a) in subsection (1)(a), for “non-profit” substitute “private”;\n(b) in subsection (3), for the words from “that” to the end substitute “that—\n(a) the affairs of the registered provider have been mismanaged, or\n(b) the registered provider has failed to meet a standard under section 194.”\n14 In section 257 (restrictions on dealings following inquiry), in subsection (1), for the words from “that” to the end substitute “that—\n(a) the affairs of a private registered provider have been mismanaged, or\n(b) a private registered provider has failed to meet a standard under section 194.”\n15 In section 259 (suspension of officer etc during inquiry)—\n(a) in subsection (1)(a), for “non-profit” substitute “private”;\n(b) in subsection (1)(b), for “either” substitute “any”;\n(c) in subsection (3), for the words from “that” to the end substitute “that—\n(a) the affairs of the registered provider have been mismanaged, or\n(b) the registered provider has failed to meet a standard under section 193, 194 or 194C.”;\n(d) after subsection (3) insert—\n“(3A)Case 3 applies if the regulator is satisfied that an officer, employee or agent of the registered provider is obstructing, or failing to co-operate with, the inquiry.”;\n(e) for subsection (4) substitute—\n“(4)The regulator may by order—\n(a) where Case 1 or Case 2 applies, suspend any officer, employee or agent of the registered provider who it thinks has contributed to the mismanagement or failure, or\n(b) where Case 3 applies, suspend the officer, employee or agent who it thinks is obstructing, or failing to co-operate with, the inquiry.”\n16 In section 260 (removal or suspension of officer etc following inquiry)—\n(a) in subsection (1), for the words from “that” to the end substitute “that—\n(a) the affairs of a private registered provider have been mismanaged, or\n(b) a private registered provider has failed to meet a standard under section 193, 194 or 194C.”;\n(b) in subsection (2), for the words from “who” to the end substitute “who—\n(a) it thinks has contributed to the mismanagement or failure, or\n(b) it thinks obstructed, or failed to co-operate with, the inquiry under section 206.”\n17 In section 266 (removal of officers)—\n(a) in subsection (1), for “non-profit” substitute “private”;\n(b) after subsection (8) insert—\n“(9)Case 8 applies to a person who is obstructing the regulator, or failing to co-operate with the regulator, in the performance of the regulator’s functions under this Part.”\n18 In section 269 (appointment of new officers)—\n(a) in subsection (1), for “non-profit” substitute “private”;\n(b) in subsection (1)(b), omit “or”;\n(c) after subsection (1)(b) insert—\n“(ba)in the case of a registered provider which is a registered charity, registered society or registered company, if none of the officers is a board member,\n(bb) if the regulator is satisfied that the registered provider has failed to meet a standard under section 193, 194 or 194C, or”;\n(d) after subsection (1) insert—\n“(1A)In subsection (1)(ba), “board member” means—\n(a) in the case of a registered charity which is not a registered company, a charity trustee within the meaning given by section 177 of the Charities Act 2011;\n(b) in the case of a registered society, a member of its committee within the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014;\n(c) in the case of a registered company, a director within the meaning given by section 250 of the Companies Act 2006.”;\n(e) in subsection (4)(a)—\n(i) leave out “on expiry”;\n(ii) after “appointment” insert “(on any number of occasions)”.\n19 In section 269A (local authorities: censure during or following inquiry)—\n(a) in subsection (3), for the words from “that” to the end substitute “that—\n(a) the affairs of the authority have been mismanaged, or\n(b) the authority has failed to meet a standard under section 193, 194 or 194C.”;\n(b) in subsection (4), for the words from “that” to the end substitute “that—\n(a) the affairs of the authority have been mismanaged, or\n(b) the authority has failed to meet a standard under section 193, 194 or 194C.”\n20 In section 269B (response to censure notice), in subsection (2)(c), after “mismanaged” insert “or it has failed to meet the standard (as the case may be).”\nSection 39\n\nSchedule 4 Appeals\n1 The Housing and Regeneration Act 2008 is amended as follows.\n2 In section 115 (profit-making and non-profit organisations), in subsection (9), at the end insert “and notify the body it has done so.”\n3 In section 116 (voluntary registration), after subsection (2) insert—\n“(2A)The regulator must notify a body of the outcome of its application.”\n4(1)Section 118 (compulsory de-registration) is amended as follows.\n(2) For subsection (2) substitute—\n“(2)Before acting under subsection (1)(a), (aa) or (b) the regulator must—\n(a) give the private registered provider a notice—\n(i) warning the provider that the regulator is considering action under the provision concerned, and\n(ii) specifying a period (which must be at least 14 days beginning with the day the provider receives the notice) within which the provider may make representations, and\n(b) consider any representations made during that period.”\n(3) For subsection (3) substitute—\n“(3)The regulator must notify a private registered provider of a decision to remove it from the register under subsection (1)(a), (aa) or (b).”\n5(1)Section 121 (registration decisions: appeals) is amended as follows.\n(2) In subsection (1)—\n(a) in paragraph (b), after “it” insert “under section 118(1)”;\n(b) in that paragraph, omit “or”;\n(c) at the end of paragraph (c) insert—\n“(d)to designate it as a non-profit organisation or as a profit-making organisation (as the case may be), or\n(e) to change its registered designation.”\n(3) After subsection (1) insert—\n“(1A)An appeal under this section must be brought within the period of 28 days beginning with the day on which the body is notified of the decision it is appealing.”\n(4) In subsection (2), for “while an appeal is pending” substitute “during the appeal period”.\n(5) After subsection (2) insert—\n“(2A)The “appeal period” means—\n(a) where an appeal is brought, the period beginning with the day on which notice of the decision appealed against is given and ending with the day on which the appeal is finally determined or withdrawn, and\n(b) otherwise, the period during which an appeal could be brought.\n(2B) Subsections (1A) to (2A) do not apply to a decision of the regulator to de-register a body under section 118(1)(c).”\n6 In section 223 (enforcement notice: appeal)—\n(a) the existing text becomes subsection (1);\n(b) after that subsection insert—\n“(2)An appeal under this section must be brought within the period of 28 days beginning with the day on which the registered provider is given the enforcement notice.”\n7 In section 235 (penalty notice: appeals)—\n(a) the existing text becomes subsection (1);\n(b) after that subsection insert—\n“(2)An appeal under this section must be brought within the period of 28 days beginning with the day on which the registered provider is given the penalty notice.\n(3) The requirement to pay the penalty is suspended during the appeal period.\n(4) Regulations under section 234(2) may not authorise the regulator to—\n(a) charge interest in respect of the appeal period, or\n(b) impose additional penalties during that period.\n(5) The “appeal period” means—\n(a) where an appeal is brought, the period beginning with the day on which the penalty notice is given and ending with the day on which the appeal is finally determined or withdrawn, and\n(b) otherwise, the period during which an appeal could be brought.”\n8 In section 245 (compensation notice: appeals)—\n(a) the existing text becomes subsection (1);\n(b) after that subsection insert—\n“(2)An appeal under this section must be brought within the period of 28 days beginning with the day on which the registered provider is given the compensation notice.\n(3) The requirement to pay the compensation is suspended during the appeal period.\n(4) Regulations under section 244(2) may not authorise the regulator to—\n(a) award interest in respect of the appeal period, or\n(b) award additional compensation during that period.\n(5) The “appeal period” means—\n(a) where an appeal is brought, the period beginning with the day on which the compensation notice is given and ending with the day on which the appeal is finally determined or withdrawn, and\n(b) otherwise, the period during which an appeal could be brought.”\n9 In section 247 (management tender), in subsection (2), after “may” insert “by notice”.\n10 In section 248 (management tender: procedure and appeals), after subsection (9) insert—\n“(10)An appeal under this section must be brought within the period of 28 days beginning with the day on which the regulator notifies the registered provider of the imposition of a requirement on the provider under section 247(2).”\n11 In section 249 (management transfer), in subsection (2), after “may” insert “by notice”.\n12 In section 250 (management transfer: procedure and appeals), after subsection (9) insert—\n“(10)An appeal under this section must be brought within the period of 28 days beginning with the day on which the regulator notifies the registered provider of the imposition of a requirement on the provider under section 249(2).”\n13 In section 251 (appointment of manager), in subsection (2), after “may” insert “by notice to the registered provider”.\n14 In section 252 (appointment of manager: procedure and appeals), after subsection (9) insert—\n“(10)An appeal under this section must be brought within the period of 28 days beginning with the day on which—\n(a) the regulator notifies the registered provider of an appointment made under section 251(2)(a) (in the case of an appeal against an appointment), or\n(b) the regulator notifies the registered provider of the imposition of a requirement on the provider under section 251(2)(b) (in the case of an appeal against a requirement).”\n15 In section 259 (suspension of officer etc during inquiry), after subsection (7) insert—\n“(7A)If the regulator makes an order, the regulator must—\n(a) take all reasonable steps to notify the person suspended, and\n(b) notify the registered provider.”\n16 In section 260 (removal or suspension of officer etc following inquiry), after subsection (5) insert—\n“(5A)If the regulator makes an order, the regulator must—\n(a) take all reasonable steps to notify the person removed or suspended, and\n(b) notify the registered provider.”\n17 In section 267 (removal of officers: supplemental), after subsection (1) insert—\n“(1A)If the regulator makes an order, the regulator must—\n(a) take all reasonable steps to notify the person removed, and\n(b) notify the registered provider.”\n18 In section 268 (removal or suspension of officer etc: appeals)—\n(a) the existing text becomes subsection (1);\n(b) after that subsection insert—\n“(2)An appeal under this section must be brought within the period of 28 days beginning with the day on which the registered provider concerned is notified of the removal or suspension.”\nSection 43\n\nSchedule 5 Minor and consequential amendments\n\nPart 1 Housing and Regeneration Act 2008\n1 The Housing and Regeneration Act 2008 is amended as set out in paragraphs 2 to 46.\n2 In section 60 (structural overview) omit subsection (4).\n3 In section 74A (leaving the social housing stock: private providers), in subsection (1), in both places, omit “of social housing”.\n4 In section 79 (English bodies), omit subsections (2) to (5).\n5 In section 92K (fundamental objectives), in subsections (2)(a) and (3)(d), omit “of social housing”.\n6 In section 96 (evidence), in paragraph (d), for “an ombudsman appointed by virtue of section 124” substitute “a housing ombudsman”.\n7 In section 112 (eligibility for voluntary registration)—\n(a) for subsection (1) substitute—\n“(1)A body is eligible for registration if—\n(a) it is an English body, and\n(b) it satisfies the following conditions.”;\n(b) omit subsection (5).\n8 Omit section 113.\n9 In section 114 (registration of local authorities)—\n(a) omit subsection (1);\n(b) in subsection (2), after “require” insert “or permit”;\n(c) in subsection (3)—\n(i) at the end of paragraph (a) insert “and”;\n(ii) in paragraph (b), omit “and”;\n(iii) omit paragraph (c);\n(d) in subsection (5)—\n(i) omit paragraph (a);\n(ii) in paragraph (b), omit “(1) or”.\n10 In section 114A (local authorities: duty to notify), in subsection (1) omit “in England”.\n11 In section 122 (payments to members etc), in subsection (6), for “registered company or registered society” substitute “registered provider”.\n12 In section 135 (charity accounts), in subsection (1), omit “non-profit”.\n13 In section 153 (moratorium: process for proposals)—\n(a) in subsection (2)(a) omit “and its officers”;\n(b) in subsection (6)(a) omit “and its officers”.\n14 Before section 169A (but after the heading before that section) insert—\n\n“169ZAApplication of rules about notification of constitutional changes\nThis group of sections does not apply to local authorities.”\n15 In section 169D (directions about notifications)—\n(a) for “169C”, in both places, substitute “169CD”;\n(b) in subsection (1)(a), omit “private”.\n16 In section 192 (overview of Chapter 6)—\n(a) in paragraph (a), for “to 198B” substitute “to 198”;\n(b) in paragraph (b), for “to 210” substitute “to 210A”;\n(c) in paragraph (d) omit “about the submission of information and opinions relating to registered providers and”.\n17 In section 193 (standards relating to consumer matters)—\n(a) in subsection (1), after “extent” insert “, safety, energy efficiency”;\n(b) in subsection (2)(f), for “and informing tenants” substitute “tenants and providing them with information in connection with such consultation”;\n(c) in subsection (2), after paragraph (h) insert—\n“(ha)policies and procedures in connection with behaviour which amounts to domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act),”;\n(d) omit subsection (3).\n18 In section 194 (standards relating to economic matters), omit subsection (3).\n19 In section 197 (direction by Secretary of State), in subsection (2)(a), after “quality” insert “, safety or energy efficiency”.\n20 In section 198 (supplemental provisions about standards), after subsection (5) insert—\n“(6)In setting standards the regulator must have regard to the desirability of registered providers being free to choose how to provide services and conduct business.”\n21 In section 203(3) (inspector’s powers), for “107(3) to (7)” substitute “107(2A) to (4) and (5) to (7)”.\n22 In section 208(4) (inquirer’s powers), for “107(3) to (7)” substitute “107(2A) to (4) and (5) to (7)”.\n23 In section 215 (guidance about use of intervention powers) omit—\n(a) subsection (1)(a) (including the final “and”);\n(b) subsection (2);\n(c) subsection (2A).\n24 In section 216 (consultation), in paragraph (b), at the end insert “of social housing”.\n25 In section 217 (accreditation)—\n(a) in subsection (4)(b), after “193” insert “or 194A”;\n(b) in subsection (6), after “193” insert “or 194A”.\n26 In section 218 (exercise of enforcement powers)—\n(a) in subsection (1), for “Subsection (2)” substitute “This section”;\n(b) in subsection (2), after paragraph (d) insert—\n“(e)whether the failure or other problem is serious or trivial.”;\n(c) omit subsections (3) and (4).\n27 In section 220 (grounds for giving enforcement notice)—\n(a) in subsection (2) omit “applicable to it”;\n(b) in subsection (11), for “an ombudsman appointed by virtue of section 124” substitute “a housing ombudsman”;\n(c) omit subsection (11A).\n28 In section 227 (grounds for imposition of a penalty), omit subsection (7A).\n29 In section 237 (grounds for award of compensation), omit subsection (4).\n30 In section 239 (housing ombudsman compensation), in subsection (1), for “an ombudsman appointed by virtue of section 124” substitute “a housing ombudsman”.\n31 In section 242 (warning before giving compensation notice), in subsection (2), for “person appointed by virtue of section 124 as the ombudsman” substitute “housing ombudsman”.\n32 In section 247 (grounds for requiring management tender), in subsection (1)—\n(a) in paragraph (a), omit “applicable to it”;\n(b) omit paragraph (aa) (including the final “or”).\n33 In section 251 (grounds for appointing manager), in subsection (1), omit paragraph (aa) (including the final “or”).\n34 In section 256 (restrictions on dealings during an inquiry), in subsection (2), for “has reasonable grounds for believing” substitute “is satisfied”.\n35 In section 258 (restrictions on dealings: supplemental), in subsection (3), omit the words from “not” to the end.\n36 In the heading immediately before section 259, omit “non-profit”.\n37 In section 259 (suspension during inquiry), in subsection (2), for “has reasonable grounds for believing” substitute “is satisfied”.\n38 In section 264 (offence of acting as an officer while disqualified), in subsection (2)(a), omit “not exceeding the statutory maximum”.\n39 In section 269 (appointment of new officers), in subsection (1)(c), for “thinks” substitute “is satisfied”.\n40 In section 269A (local authorities: censure during or following inquiry), in subsection (2), for “has reasonable grounds for believing” substitute “is satisfied”.\n41 Omit section 274 (definition of charities that have “received public assistance”).\n42 In section 275 (general), for the definition of “local authority” substitute—\n  * ““local authority” means—\n    (a) the council of a county in England,\n    (b) a district council,\n    (c) a London borough council,\n    (d) the Common Council of the City of London, or\n    (e) the Council of the Isles of Scilly;”.\n43 In section 276 (index of defined terms)—\n(a) after the entry for “The HCA” insert—\n“health and safety lead        section 126A(2)\nhealth and safety requirement  section 126B(2)”;\n\n(b) after the entry relating to “penalty notice” insert—\n“Performance improvement plan        Section 218A\nPerformance improvement plan notice  Section 218A”;\n\n(c) omit the entry relating to “received public assistance (charities)”.\n44 After section 276A (inserted by section 35) insert—\n\n“276BData protection\n(1) This section applies to a duty or power to process information where the duty or power is imposed or conferred by or by virtue of any provision of this Part.\n(2) A duty or power to which this section applies does not operate to require or authorise the processing of information which would contravene the data protection legislation (but the duty or power is to be taken into account in determining whether the processing would contravene that legislation).\n(3) In this section “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).”\n45 In section 278A (power to nominate bodies for consultation purposes), in subsection (1), omit paragraph (b).\n46 In section 320 (orders and regulations), in subsection (7)(a), for “, 122 and 229” substitute “and 122”.\n\nPart 2 Other Acts\n47 In Schedule 17 to the Localism Act 2011 (regulation of social housing) omit—\n(a) paragraph 6;\n(b) paragraph 15(4);\n(c) paragraph 17.\n48 Omit section 30 of the Welfare Reform and Work Act 2016.\n49(1)Section 2 of the Leasehold Reform (Ground Rent) Act 2022 (excepted leases) is amended as follows.\n(2) In subsection (7)(a) omit “within the meaning of section 79 of the Housing and Regeneration Act 2008”.\n(3) After subsection (7) insert—\n“(7A)A “community land trust” means a body corporate which satisfies the conditions in subsection (7B); and in those conditions “local community” means the individuals who live or work, or want to live or work, in a particular area.\n(7B) The conditions are—\n(a) that the body is established for the express purpose of furthering the social, economic and environmental interests of a local community by acquiring and managing land and other assets in order—\n(i) to provide a benefit to the local community, and\n(ii) to ensure that the assets are not sold or developed except in a manner which the trust’s members think benefits the local community, and\n(b) that the body is established under arrangements which are expressly designed to ensure that—\n(i) any profits from its activities will be used to benefit the local community (otherwise than by being paid directly to members);\n(ii) individuals who live or work in the particular area have the opportunity to become members of the trust (whether or not others can also become members), and\n(iii) the members of the trust control it.”","title":""}
{"_id":"text_ukla_1996_2","text":"[17th June 1996]\nWHEREAS Australia and New Zealand Banking Group Limited (hereinafter referred to as “ANZ”) is a company deemed to be incorporated under the Companies Act 1961 of the State of Victoria in the Commonwealth of Australia (hereinafter referred to as “Victoria”):\nAnd whereas ANZ carries on the business of banking and the provision of financial services in the Commonwealth of Australia, the United Kingdom and elsewhere:\nAnd whereas ANZ Holdings (UK) plc (hereinafter referred to as “Holdings”) and ANZ Grindlays Bank plc (hereinafter referred to as “Grindlays”) are companies within the meaning of the [1985 c. 6.] Companies Act 1985 and are public companies limited by shares:\nAnd whereas Holdings carries on the business of holding investments in the United Kingdom and Grindlays carries on the business of banking and the provision of financial services in the United Kingdom, Bahrain, Bangladesh, Greece, India, Jordan, Oman, Pakistan, Qatar, Sri Lanka, Switzerland, the United Arab Emirates and elsewhere:\nAnd whereas National & Grindlays Bank Limited and ANZ Grindlays Executor & Trustee Company Limited each carries on trustee and executorship business in the United Kingdom:\nAnd whereas Holdings is a wholly-owned subsidiary of ANZ:\nAnd whereas ANZ holds 25%, and Holdings holds 75%, of the issued ordinary share capital of Grindlays and Holdings holds all of the deferred share capital and preference share capital of Grindlays:\nAnd whereas each of National & Grindlays Bank Limited and ANZ Grindlays Executor & Trustee Company Limited is a wholly-owned subsidiary of Grindlays:\nAnd whereas the registered office of each of Holdings, Grindlays, National & Grindlays Bank Limited and ANZ Grindlays Executor & Trustee Company Limited is in England:\nAnd whereas, having regard to the fact that the area of operation of ANZ is largely in the Commonwealth of Australia, certain advantages would accrue to ANZ if Holdings and Grindlays were registered as companies incorporated under the laws of Victoria instead of under the laws of England and such registration would give ANZ, Holdings and Grindlays greater flexibility in the pursuit of their objectives:\nAnd whereas no procedure exists whereby the registration of a company to which the Companies Act 1985 applies can be transferred from England to another country:\nAnd whereas to proceed by way of winding-up and dissolution of Holdings and Grindlays and the transfer of assets to ANZ or a new company incorporated in Victoria would involve loss of the identity of Holdings and Grindlays, and the consequent disturbance of the financial structure and existing contracts of Holdings and Grindlays would interfere with the continuity of their respective operations and result in considerable attendant expense and inconvenience:\nAnd whereas it is desirable that each of Holdings and Grindlays should be enabled to become registered as a company in Victoria and that thereupon the provisions of the Companies Act 1985 (with the exception of those provisions which apply to oversea companies) should cease to apply to them, but each should be the same company for all purposes as it was before registration as a company incorporated in Victoria:\nAnd whereas it is expedient and desirable that the objects of this Act be given full faith and credit in every jurisdiction in which ANZ, Holdings and Grindlays carry on business:\nAnd whereas for the more effective consolidation of the core businesses in the United Kingdom of ANZ, Grindlays, National & Grindlays Bank Limited and ANZ Grindlays Executor & Trustee Company Limited and the better conduct thereof it is expedient that provision be made for the transfer to and vesting in ANZ of the whole or parts of the undertakings in the United Kingdom of Grindlays, National & Grindlays Bank Limited and ANZ Grindlays Executor & Trustee Company Limited:\nAnd whereas it is expedient that the said transfers and vesting should be effected without interference with the conduct and continuity of the businesses carried on by ANZ, Grindlays, National & Grindlays Bank Limited and ANZ Grindlays Executor & Trustee Company Limited:\nAnd whereas it is expedient that the other provisions in this Act should be enacted:\nAnd whereas the objects of this Act cannot be attained without the authority of Parliament:\nMay it therefore please Your Majesty that it may be enacted, and be it enacted, by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—\n\nPart IPreliminary\n\n1 Short title\nThis Act may be cited as the Australia and New Zealand Banking Group Act 1996.\n\n2 Interpretation\n(1) In this Act, unless the subject or context otherwise requires—\n  * “ANZ” means Australia and New Zealand Banking Group Limited;\n  * “appointed day” in relation to a transfer scheme means such day as may be specified under section 5 (2) of this Act as the appointed day for the scheme;\n  * “customer” includes any person having a bank account or other dealing, transaction, agreement or arrangement with a Transferor;\n  * “the date of registration” means the date on which Holdings or Grindlays as the case may be respectively becomes registered as a company incorporated under the laws of Victoria;\n  * “document” has the same meaning as in section 10 of the [1968 c. 64.] Civil Evidence Act 1968;\n  * “enactment” means any enactment in this Act or in any general or local Act or in any order, rule or regulation made under any Act;\n  * “existing” means existing, outstanding or in force immediately before the appointed day for a transfer scheme;\n  * “first appointed day” in relation to a Transferor means such day as may be specified under section 5 (2) of this Act as the earliest appointed day for a transfer scheme in relation to that Transferor;\n  * “Grindlays” means ANZ Grindlays Bank plc;\n  * “Holdings” means ANZ Holdings (UK) plc;\n  * “liabilities” includes duties and obligations of every description;\n  * “property” means property and assets of every description including property and assets held on trust or in a fiduciary capacity and rights, benefits and powers of every description;\n  * “the registrar of companies” means the registrar or other officer performing under the [1985 c. 6.] Companies Act 1985 the duty of registration of companies in England;\n  * “security” includes a mortgage or charge (whether legal or equitable), debenture, bill of exchange, promissory note, guarantee, lien, pledge (whether actual or constructive), hypothecation, assignment by way of security, indemnity, right of set-off, flawed asset arrangement, undertaking or other means of securing payment or discharge of a debt or liability;\n  * “the Transferors” means Grindlays, National & Grindlays Bank Limited and ANZ Grindlays Executor & Trustee Company Limited and a reference to a “Transferor” is a reference to one of the Transferors;\n  * “transfer scheme” means a scheme made under section 5 (Schemes for transfer to ANZ of property, liabilities, trusteeships and other appointments in United Kingdom) of this Act;\n  * “trustee” includes a trustee or custodian trustee of any trust deed, settlement, covenant, agreement or will; executor of the will, or administrator of the estate, of a deceased person; judicial trustee appointed by order of any court; attorney for another person; or any other person acting in a fiduciary capacity;\n  * “Victoria” means the State of Victoria in the Commonwealth of Australia; and\n  * “will” includes a codicil and any other testamentary writing.\n(1) Any reference in this Act to property or liabilities of a Transferor is a reference to property or liabilities wherever such property or liabilities are situated or arise and whether or not capable of being transferred or assigned by a Transferor and whether that Transferor is entitled or subject to the property or liabilities under the law of any part of the United Kingdom or under the law of any country or territory outside the United Kingdom.\n\nPart IIRegistration of Holdings and Grindlays\n\n3 Registration in Victoria\nSubject to the laws in force in Victoria and with such legislative, governmental or other authority as is necessary in Victoria, Holdings and Grindlays may each become registered as a company incorporated under the laws of Victoria.\n\n4 Removal from register in England and continuity of legal identity\n(1)(a)On or as soon as reasonably practicable after the date of registration of Holdings or Grindlays as the case may be, that company shall notify the registrar of companies thereof by telefax or telex and shall also transmit to him by registered or insured post a Queen’s Printer’s copy of this Act and a copy of the certificate of the registration of the company in Victoria.\n(b) On receipt of any such copy the registrar of companies shall, with effect from the date of registration, remove the name of the company to which the certificate relates from the register in England.\n(2) On and from the date of registration of Holdings or Grindlays as the case may be, the Companies Act 1985 (with the exception of those provisions which apply to oversea companies) shall not apply to that company, but that company shall (save for its registration as a company incorporated in Victoria) be the same company for all purposes as it was before the date of registration.\n(3) The registrar of companies shall retain and register the copy of any certificate transmitted to him under subsection (1) (a) above.\n\nPart IIITransfer of business to ANZ\n\n5 Schemes for transfer to ANZ of property, liabilities, trusteeships and other appointments in United Kingdom\n(1) Within five years from the passing of this Act ANZ may jointly with a Transferor make a scheme or schemes for—\n(a) the transfer to ANZ of any of the property and liabilities to which, immediately before the appointed day for any such scheme, a Transferor is entitled or subject;\n(b) the substitution of ANZ for a Transferor or of a director, officer, representative or employee of ANZ for a director, officer, representative or employee of a Transferor, in any position held by it or by such person as a trustee; and\n(c) the substitution of ANZ for a Transferor, or of a director, officer, representative or employee of ANZ for a director, officer, representative or employee of a Transferor, as the holder of any office or appointment other than of trustee.\n(2) A transfer scheme under subsection (1) above shall take effect on such day as may be specified in the scheme as the appointed day for the scheme; and in each case before the earliest day specified as an appointed day for a scheme in relation to any Transferor under this Act, ANZ shall publish in the London Gazette, the Edinburgh Gazette and the Belfast Gazette a notice stating that it is the earliest day so specified for a transfer scheme under this Act in relation to that Transferor.\n(3) Not less than seven days before the appointed day for a transfer scheme a Transferor shall give written notice to every person having a bank account which is to be transferred by or in consequence of the scheme (or, in the case of a joint account, the first-named account holder) that the account is to become an account with ANZ and of the appointed day for the scheme:\nProvided that a failure by the Transferor so to give such notice to any account holder shall not invalidate the scheme.\n(4) On the appointed day for a transfer scheme any property and liabilities transferred by the scheme shall, by virtue of this Act and without further assurance, be transferred to and vested in ANZ to the intent that ANZ shall succeed to such property and liabilities as if for all purposes ANZ were the same person in law as the Transferor.\n(5) Where the transfer of any property or liability to which a transfer scheme relates is governed by the law of any country or territory outside the United Kingdom, the Transferor shall, if ANZ so requires, take all necessary steps to secure that the transfer of the property or liability to ANZ is fully effective under the law of that country or territory and pending such transfer any such property shall be held by the Transferor in trust for ANZ and ANZ shall be liable to the Transferor for any such liability.\n\n6 Provisions as to trust and other property and liabilities in United Kingdom\n(1) Where a transfer scheme transfers to ANZ property or a liability to which immediately before the appointed day for the scheme a Transferor was then entitled or subject as a trustee or as the holder of any other office or appointment, whether alone or jointly with another person, it shall be held by ANZ, or ANZ shall be subject to it, on and from the appointed day, alone or, as the case may be, jointly with that other person, in that capacity upon the same trusts or terms and with and subject to the same powers and provisions as were applicable to the Transferor immediately before the appointed day.\n(2) Where ANZ is substituted for a Transferor as a trustee or as the holder of any other office or appointment under paragraph (b) or (c) of section 5 (1) above—\n(a) any property to which the Transferor was then in that capacity entitled, whether alone or jointly with another person, shall, by virtue of this Act and without further assurance, be transferred to and held by ANZ alone or, as the case may be, jointly with that other person, upon the same trusts or terms and with and subject to the same powers, provisions and liabilities as were applicable to the Transferor immediately before the appointed day; and\n(b) ANZ shall, by virtue of this Act and without further assurance, in the same capacity and upon the same terms, become subject to any liability to which the Transferor was then in that capacity subject, whether alone or jointly with another person.\n(3) Where a director, officer, representative or employee of ANZ is substituted for a director, officer, representative or employee of a Transferor as a trustee or as the holder of any other office or appointment under paragraph (b) or (c) of section 5 (1) above—\n(a) any property to which that director, officer, representative or employee of the Transferor was then, as trustee or as the holder of that office or appointment, entitled, whether alone or jointly with another person, shall, by virtue of this Act and without further assurance, be transferred to and held by that director, officer, representative or employee of ANZ alone or, as the case may be, jointly with that other person upon the same trusts or terms and with and subject to the same powers, provisions and liabilities as were applicable to the director, officer, representative or employee of the Transferor immediately before the appointed day; and\n(b) that director, officer, representative or employee of ANZ shall, by virtue of this Act and without further assurance, as trustee or as the holder of the office or appointment aforesaid, and upon the same terms, become subject to any liability to which the director, officer, representative or employee of the Transferor whom he is replacing was then, as trustee or as the holder of that office or appointment, subject, whether alone or jointly with another person.\n(4) Any instrument or order of any court under or by virtue of which any property has been or is to become vested in a Transferor as a trustee or as the holder of any other office or appointment, and any provision therein, or any agreement or arrangement for the payment to, or retention by, a Transferor of remuneration for its services as a trustee or as the holder of any other office or appointment, shall, if that property is transferred by or in consequence of a transfer scheme, on and from the appointed day, be construed and have effect, so far as the context permits, as if for any reference therein to a Transferor, other than a reference (however worded and whether express or implied) to terms and conditions of, or to a scale of fees of, the Transferor, there were substituted a reference to ANZ.\n\n7 Supplementary provisions as to schemes and transfers in United Kingdom\n(1) Without prejudice to the generality of the foregoing provisions of this Act but subject to any provision of this Act to the contrary effect, the following provisions shall have effect in relation to a transfer scheme and any property or liability transferred by or in consequence of a transfer scheme.\n(2) A transfer scheme may—\n(a) contain supplementary and incidental provisions for the purpose of giving full effect to the transfer by or in consequence of the scheme of property and liabilities and to the substitution of ANZ for a Transferor under paragraph (b) or (c) of section 5 (1) above; and\n(b) revoke or vary any provision of an earlier transfer scheme before the appointed day for that scheme.\n(3) An agreement, transaction, or other thing (not contained in an enactment and not being a will) which has been made, effected or done by, to or in relation to, or with reference to, a Transferor and which—\n(a) immediately before the appointed day for a transfer scheme is in force or effective; and\n(b) relates to any property or liability to be transferred to ANZ by or in consequence of the scheme or to any position in respect of which ANZ is substituted for the Transferor under paragraph (b) or (c) of section 5 (1) above,\nshall on and after that day have effect as if made, effected or done by, to or in relation to, or with reference to, ANZ.\n(4) Where any agreement, transaction or other thing has effect in accordance with subsection (3) above—\n(a) any reference to the Transferor in any document incorporating or otherwise connected with the agreement, transaction or other thing shall on and after the appointed day for the transfer scheme be construed as a reference to ANZ; and\n(b) any reference (however worded and whether express or implied) in the agreement, transaction or other thing to the directors, officers, representatives or employees (or to any director, officer, representative or employee) of the Transferor shall on and after the appointed day for the transfer scheme be construed as a reference to the directors, officers, representatives or employees of ANZ or, as the case may require, to such director, officer, representative or employee of ANZ, as ANZ may nominate for that purpose or, in default of nomination, to the director, officer, representative or employee of ANZ who corresponds as nearly as may be to the first-mentioned director, officer, representative or employee.\n(5) Any agreement or transaction which relates to property or liabilities which are only partly transferred to ANZ by or in consequence of a transfer scheme shall be construed as if the agreement or transaction, to the extent to which it is enforceable by and against the Transferor, constituted two separate agreements or transactions, one of which is enforceable by and against ANZ as regards the part of the property or, as the case may be, liabilities so transferred to it and not as regards the other part, and the other of which is enforceable by and against the Transferor as regards the part of the property or, as the case may be, liabilities not so transferred to ANZ and not as regards the other part.\n(6) Any account between a Transferor and a customer which is transferred by or in consequence of a transfer scheme shall be deemed for all purposes to be a single continuing account and, subject to the provisions of subsections (3) and (4) above and subsections (7) and (8) below, shall be subject to the same terms and conditions as those which applied before the transfer.\n(7) Nothing in subsection (6) above shall preclude the exercise of any right of ANZ (in place of the Transferor) or of a customer to vary the terms and conditions subject to which the account of the customer is kept.\n(8) Without prejudice to the generality of the foregoing, where by virtue of a transfer scheme and the operation of this Act ANZ becomes a party to an agreement, transaction or other thing in place of a Transferor, any reference in that agreement, transaction or other thing to a rate of interest prescribed by the Transferor shall be construed on and from the appointed day for the scheme as a reference to the equivalent rate of interest prescribed by ANZ.\n(9) Any negotiable instrument, letter of credit or order for payment of money which is transferred by a transfer scheme and has been drawn on, or given to, or accepted or endorsed by a Transferor, or is payable at a place of business of a Transferor, shall have the same effect as if it had been drawn on, or given to, or accepted or endorsed by, ANZ or were payable at a place of business of ANZ.\n(10) The custody of any document or record, goods or other thing held by a Transferor as bailee in connection with any property or liabilities to be transferred by a transfer scheme shall pass to ANZ on the appointed day for the scheme, and the rights and obligations of a Transferor under any contract of bailment relating to any such document or record, goods or thing shall on that day become rights and obligations of ANZ.\n(11)(a)Any security held immediately before the appointed day for a transfer scheme by a Transferor in connection with any property or liabilities to be transferred by or in consequence of the scheme, or by a nominee or agent of or trustee for a Transferor, shall, on and from that day, be held by, or as the case may require, by that nominee, agent or trustee for, ANZ and be available to ANZ (whether for its own benefit or, as the case may be, for the benefit of any other person);\n(b) In relation to any security transferred to ANZ by or in consequence of a transfer scheme and to any liabilities thereby secured, ANZ shall be entitled to the same rights and priorities and be subject to the same obligations as those to which the Transferor would have been entitled or subject if it had continued to hold the security;\n(c) Without prejudice to the generality of paragraph (b) above, in any case where any existing liability subsists between a Transferor and ANZ in respect of which the Transferor or ANZ, or a nominee or agent of or trustee for the Transferor or ANZ, holds security, that liability shall, for the purpose of enforcing or realising that security, be deemed to continue in effect notwithstanding a transfer to ANZ of the liability or the benefit of the liability by or in consequence of a transfer scheme;\n(d) Any security referred to in the foregoing provisions of this subsection which extends to future advances, liabilities or indebtedness shall, on and from the appointed day for the transfer scheme, be available to ANZ (whether for its own benefit or, as the case may be, for the benefit of any other person) as security for the payment or discharge of future advances, liabilities and indebtedness to the same extent and in the same manner in all respects as it extends to future advances, liabilities or indebtedness immediately before that day.\n(12) On and from the appointed day for a transfer scheme, ANZ and all other persons shall have the same rights, powers and remedies (and in particular the same rights and powers as to taking or resisting legal proceedings or making or resisting applications to any authority) for ascertaining, perfecting or enforcing the property or liability transferred by or in consequence of the scheme as if it had been property or a liability of ANZ for the period before the appointed day for the scheme during which it had been the property or a liability of the Transferor; and any legal proceedings or applications to any authority pending immediately before the appointed day for the scheme by or against the Transferor may be continued by or against ANZ.\n(13) Any judgment, order or award obtained by or against a Transferor relating to property or a liability transferred by or in consequence of a transfer scheme or to any position in respect of which ANZ is substituted for the Transferor under paragraph (b) or (c) of section 5 (1) above and not fully satisfied before the appointed day for the scheme shall on and from that day, to the extent to which it was enforceable by or against the Transferor immediately before that day, be enforceable by or against ANZ and no longer by or against the Transferor.\n(14) In respect of—\n(a) any data transferred to ANZ by a transfer scheme, or\n(b) any data relating to any property or a liability transferred to ANZ by or in consequence of a transfer scheme,\nthe Data Protection Registrar may, on and from the appointed day for that transfer scheme, serve on ANZ any notice under section 10 of the [1984 c. 35.] Data Protection Act 1984 which he could have served on a Transferor in respect of a breach of the data protection principles by the Transferor before that appointed day; but the transfer of property or liabilities to ANZ by or in consequence of a transfer scheme and any disclosure to ANZ of any information in contemplation or as a result thereof shall not amount to a breach of any duty of confidentiality to which the Transferor is or was subject immediately before the appointed day for the scheme or to a contravention by ANZ or the Transferor of the data protection principles.\n\n8 Evidence: books and documents\nAll books and other documents which would, before the appointed day for a transfer scheme, have been evidence for or against the Transferor in respect of any matter to which the scheme relates shall be admissible in evidence in respect of the same matter for or against ANZ.\n\n9 Application of Bankers' Books Evidence Act 1879\n(1) In this section “books” shall be construed in accordance with section 9 (2) of the [1879 c. 11.] Bankers' Books Evidence Act 1879.\n(2) On and from the appointed day for a transfer scheme the said Act of 1879 shall apply to those books of the Transferor which are transferred to ANZ by the scheme, and to entries made in those books before that day, as if such books were the books of ANZ.\n(3) For the purposes of section 4 of the said Act of 1879, books so transferred to ANZ shall be deemed to have been the ordinary books of ANZ at the time of the making of any entry therein which purports to have been made before the appointed day for the scheme, and any such entry shall be deemed to have been made in the usual and ordinary course of business.\n\n10 Evidence of transfer and vesting\n(1) In this section “convey” has the same meaning as in the [1925 c. 20.] Law of Property Act 1925.\n(2) A certificate issued jointly by or on behalf of ANZ and a Transferor that by or in consequence of a transfer scheme any property or liabilities specified in the certificate have been transferred to ANZ shall be conclusive evidence for all purposes of that fact.\n(3) A certificate issued under subsection (2) above, shall, in relation to any registered securities within the meaning of the [1963 c. 18.] Stock Transfer Act 1963 transferred to ANZ by or in consequence of a transfer scheme, operate for all the purposes of the said Act of 1963 as a duly executed stock transfer in respect of the transfer of such securities from the Transferor to ANZ.\n(4) Without prejudice to subsection (2) above (but subject to that subsection)—\n(a) any document made or executed on or after the relevant first appointed day whereby ANZ, whether alone or jointly with any other person, conveys or transfers, or purports to convey or transfer, to any person (whether for consideration or not), or applies to be registered as the holder or proprietor of, any property held by a Transferor immediately before that day, whether alone or jointly with any other person, shall be sufficient evidence that the interest of the Transferor in that property has been transferred to ANZ by or in consequence of a transfer scheme; and\n(b) where there is any other transaction by ANZ on or after the relevant first appointed day in connection with, or in relation to, any property or liability which immediately before that day is property or a liability of a Transferor, it shall be deemed in favour of any other party to the transaction, or any person claiming through or under him, that ANZ has full power and authority for that transaction.\n(5) Without prejudice to subsection (2) above (but subject to that subsection)—\n(a) any document made or executed on or after the first appointed day whereby a Transferor, whether alone or jointly with any other person, conveys or transfers, or purports to convey or transfer, to any person (whether for consideration or not), or applies to be registered as the holder or proprietor of, any property held by it immediately before that day, whether alone or jointly with any other person, shall be sufficient evidence that its interest in that property has not been transferred to ANZ by or in consequence of a transfer scheme; and\n(b) where there is any other transaction by a Transferor on or after the first appointed day in connection with, or in relation to, any property or liability which immediately before that day is property or a liability of the Transferor, it shall be deemed in favour of any other party to the transaction, or any person claiming through or under him, that the Transferor has full power and authority for that transaction.\n(6) No person may rely upon the provisions of subsection (4) or (5) above if he has knowledge to the contrary and nothing in this section affects the liability of ANZ, or of a Transferor, to the other of them in respect of anything done, or purported to have been done, by one of them in connection with, or in relation to, any property or liabilities transferred by or in consequence of a transfer scheme.\n\n11 Savings in respect of transfers of property\nThe transfer of any property or of a liability by or in consequence of a transfer scheme or the substitution of ANZ for a Transferor under paragraph (b) or (c) of section 5 (1) above shall not—\n(1) constitute a purchase or creation of an interest in land for the purposes of section 30 (2) of the [1954 c. 56.] Landlord and Tenant Act 1954 or constitute a relevant disposal within the meaning of section 4 of the [1987 c. 31.] Landlord and Tenant Act 1987 for the purposes of that Act; or\n(2) constitute an assignment, transfer, devolution, alienation, parting with possession or other disposition of property or of an interest in property for the purposes of any provision in any instrument, contract (whether in writing or not) or order of any court concerning that property or that interest; or\n(3) give rise to any forfeiture; or\n(4) invalidate or discharge any agreement, transaction, security or other thing; or\n(5) require further registration in respect of any security transferred by or in consequence of the scheme; or\n(6) cause the benefit of any agreement, licence or privilege enjoyed by a Transferor to be lost or surrendered or otherwise affected, or require the disposal by a Transferor of any interest, otherwise than as provided for in this Act; or\n(7) relieve any person under an obligation to a Transferor of a corresponding obligation to ANZ; or\n(8) constitute a breach of, or default under, or require any obligation to be performed sooner or later than would have otherwise been the case under, any agreement or arrangement to which ANZ or a Transferor is a party; or\n(9) operate so as to merge any leasehold interest in the reversion expectant on it.\n\nPart IVMiscellaneous\n\n12 Application to Scotland and Northern Ireland\n(1) This Act other than Part II extends to Scotland and Northern Ireland.\n(2) In the application of this Act to Scotland the following provisions shall have effect:—\n(a) in the construction of this Act—\n  * “assignment” includes an assignation;\n  * “bailee” includes a custodian or a holder on deposit or pledge and “contract of bailment” includes any other contract regulating custody of things;\n  * “convey” includes the execution of any deed or other instrument or document by which any property, or any estate, interest, security or other right in or over property, is constituted, completed, disponed, assigned, transmitted or discharged;\n  * “debenture” includes a floating charge or any instrument containing a floating charge;\n  * “freehold land” includes heritable property;\n  * “judgment” includes a decree;\n  * “judicial trustee” includes a judicial factor;\n  * “mortgage” includes a standard security, an assignation or disposition ex facie absolute and any agreement qualifying the same, a bond and disposition or assignation in security, a cash credit bond and disposition or assignation in security, an assignation in security and any real right or burden of whatever kind in the nature of a security whether or not constituted in respect of a heritable property; and\n  * “will” includes a trust disposition and settlement and any deed taking effect on the death of any person whereby any part of his estate is disposed of, or under which a succession thereto arises;\n(b) all standard securities and cash credit bonds and dispositions or assignations in security expressed to be in favour of a Transferor transferred to ANZ by or in consequence of a transfer scheme shall, on and from the appointed day for the scheme, have the same effect in favour of ANZ up to the maximum amounts stated therein respectively in all respects as if they had been originally granted in favour of ANZ for such maximum amounts;\n(c) to enable ANZ to complete a title, if thought fit, to any property transferred to it by or in consequence of a transfer scheme, by notice of title or otherwise, or to deduce title, the transfer scheme shall be deemed to be, and may be used as, a general disposition, conveyance or, as the case may be, assignation of such property in favour of ANZ;\n(d) for the reference in subsection (1) of section 2 (Interpretation) of this Act to section 10 of the [1968 c. 64.] Civil Evidence Act 1968 there shall be substituted reference to section 17 of the [1968 c. 70.] Law Reform (Miscellaneous Provisions) (Scotland) Act 1968.\n(3) In the application of this Act to Northern Ireland—\n(a) for the reference in subsection (1) of section 2 (Interpretation) of this Act to section 10 of the Civil Evidence Act 1968 there shall be substituted reference to section 6 of the [1971 c. 36. (N.I.).] Civil Evidence Act (Northern Ireland) 1971;\n(b) for the reference in subsection (1) of section 10 (Evidence of transfer and vesting) of this Act to the [1925 c. 20.] Law of Property Act 1925 there shall be substituted reference to the [1881 c. 41.] Conveyancing Act 1881;\n(c) the reference in subsection (3) of section 10 (Evidence of transfer and vesting) of this Act to the [1963 c. 18.] Stock Transfer Act 1963 shall include a reference to the [1963 c. 24. (N.I.)] Stock Transfer Act (Northern Ireland) 1963; and\n(d) for paragraph (1) of section 11 (Savings in respect of transfers of property) of this Act, there shall be substituted the following:—\n“(1)constitute a purchase or creation of an estate for the purposes of section 10 (3) of the [1964 c. 36. (N.I.)] Business Tenancies Act (Northern Ireland) 1964; or”.\n\n13 Costs of Act\nAll costs, charges and expenses preliminary to, and of and incidental to, the preparing for, obtaining and passing of this Act, or otherwise in relation thereto, shall be paid by ANZ.","title":""}
{"_id":"text_ukpga_Vict_26-27_13","text":"[4th May 1863]\n\n1 Gardens in certain squares, &c. may be freed from neglect, encroachments, &c., and vested in the Metropolitan Board of Works or other corporate authority; or vested in a committee of rated inhabitants.\nWhere in any city or borough any enclosed garden or ornamental ground has been set apart otherwise than by the revocable permission of the owner thereof in any public square, crescent, circus, street, or other public place, for the use or enjoyment of the inhabitants thereof, and where the trustees, commissioners, or other body appointed for the care of the same have neglected to keep it in proper order, or where such garden or ground has not been vested in or placed under the management of any trustees, commissioners, or other body for the care of the same, and from the want of such care, or from any other cause, has been neglected, . . . the corporate authorities in any . . . city or borough, shall take charge of the same, putting up a notice or notices to that effect in such garden or ornamental ground, and, if after due inquiry the person entitled to any estate of freehold in the same cannot be found, or if it shall be vested in any person by whom it is held, subject to any condition or reservation for keeping the same as and for a garden or pleasure ground, or that the same shall not be built upon, but not otherwise, shall cause any buildings or other encroachment made therein within the period of twenty years before the passing of this Act to be removed, and (if requested by a majority of two-thirds of the owners and of the occupiers of the houses surrounding the same) shall vest such garden or ornamental ground in a committee consisting of not more than nine nor fewer than three of the taxable inhabitants of such houses to be chosen annually by such inhabitants, in order that the same may be kept as a garden or ornamental ground for the use of such inhabitants; and the vestry or board of any and every parish or district within which the same or any part thereof is situate shall from time to time cause to be raised the sums required by such committee for defraying the expenses of the maintenance and management of such enclosed garden or ornamental ground, or of such part thereof as is situate within their parish or district . . . ; or if the said owners and occupiers shall not agree as aforesaid to undertake the charge of such garden or ornamental ground, the . . . corporate authority aforesaid shall, within six months after the notice herein-before mentioned shall have been put up within the same, or within such further time as the said . . . authority may think it expedient to allow for such agreement to be come to, vest the same in such vestries or boards, who shall thenceforth take charge of and maintain the same as an open place or street in such manner as shall appear to them most advantageous to the public, subject to the approval of the . . . corporate authority, . . . ; saving and always reserving to every person and persons, his and their heirs, executors, administrators, and assigns, all such estate, right, title, and interest as he, she, or they would or ought to have had and enjoyed of, in, to, from, or out of the gardens and grounds aforesaid in case this Act had not passed.\n(2) In this section “taxable inhabitants”, in relation to the houses surrounding a garden or ornamental ground, means those persons who, in accordance with Part I of the Local Government Finance Act 1992, are liable to pay council tax in respect of any of those houses which are chargeable dwellings for the purpose of that Part.\n\n2 Protection of open spaces from encroachment.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Where any right to require that any garden or ornamental ground as aforesaid be kept and maintained as such, or that the same shall not be built upon, shall belong to any person in right of any house or other property, and he shall by notice in writing signed by him addressed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . to the corporate authorities in any. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . city or borough, requesting the said. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . corporate authority to protect the right before mentioned, the said. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . corporate authority, after due inquiry, may, if they shall think fit, accede to such request; and then and thereupon the right of such person to require that such garden or ornamental ground to be maintained as such, or that the same shall not be built upon, shall thenceforth be vested in such. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . corporate authority, who shall be fully empowered, for and in their own name, to exercise all the rights, powers, and privileges in relation thereto, and take such legal proceedings for asserting, defending, and protecting the same, as the said person might have exercised or taken.\n\n3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n4 Byelaws for management of garden, &c.\nWhere any such garden or ground is managed by any committee of the inhabitants of any square, crescent, circus, street, or place, such committee may make, and from time to time revoke and alter, byelaws for the management of the same, and for the preservation of the trees, shrubs, plants, flowers, rails, fences, seats, summer-houses, and other things therein, which byelaws shall be entered in a book kept for that purpose by the committee, signed by the chairman of the meeting at which the same shall be passed, and which book shall and may be produced and read, and taken as evidence of such byelaws, in all courts whatever; and any inhabitant or servant, or other person admitted to such garden by any inhabitant, offending against the same, after they shall have been duly allowed as herein-after provided, upon proof thereof . . ., shall be liable on summary conviction for each offence to a penalty not exceeding level 1 on the standard scale: Provided always, that such byelaws shall not come into operation until the same shall have been allowed by some judge of one of the Superior Courts, or by the Crown Court; and it shall be incumbent on such judge or [the Crown Court], on the request of such committee, to inquire into any byelaws tendered to them for that purpose, and to allow or disallow the same as they think meet.\n\n5 Penalty for injuring garden.\nAny person who throws any rubbish into any such garden, or trespasses therein, or gets over the railings or fence, or steals or damages the flowers or plants, or commits any nuisance therein, shall be guilty of an offence and shall be liable on summary conviction for each and every offence aforesaid to a penalty not exceeding level 1 on the standard scale, or to imprisonment for any period not exceeding fourteen days; and in case it shall be necessary to state in any proceedings the ownership of the property of such garden, flowers, or plants, it shall be sufficient to describe the same as the property of the committee by the name of A.B. and others.\n\n6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n7 Act not to extend to property of the Crown, or to property under the management of the Commissioners of works, &c.\nNothing in this Act shall extend to or include any garden, ornamental ground, or other land belonging to Her Majesty in right of her Crown or of her Duchy of Lancaster, or any garden, ornamental ground, or other land . . . under the management of the Secretary of State, or of the Commissioners for the time being acting under the Crown Estate Paving Act 1851, or to any garden, ornamental or other ground, for which special provision is made for the due care and protection thereof by any public or private Act of Parliament.\n\n8 Extent of Act.\nNothing in this Act shall extend to Scotland or Ireland.","title":""}
{"_id":"text_asp_2002_2","text":"Prospective\n\n1 Placing requests: children under school age\n(1) In section 28A of the Education (Scotland) Act 1980 (c.44) (duty of education authority to comply with placing requests)—\n(a) in subsection (1)—\n(i) for “child of school age” there shall be substituted “ qualifying child ”; and\n(ii) for “and (3A)” there shall be substituted “ , (3A) and (3F) ”;\n(b) after subsection (3D) there shall be inserted—\n“(3F)Where an education authority are carrying out the duty imposed on them by subsection (1) above in respect of a child such as is mentioned in subsection (6)(c) below, they shall place the child in the specified school—\n(a) on the date (being the date fixed for that school under section 32(1) and (2) of this Act) next following the making of the placing request; or\n(b) where that date has passed, as soon after that date as is reasonably practicable.”;\nand\n(c) after subsection (5) there shall be added—\n“(6)In this section—\n  * “primary school” does not include a nursery school or a nursery class; and\n  * “qualifying child” means—\n    (a) a child of school age;\n    (b) a child who has commenced attendance at a primary school but is not of school age; or\n    (c) a child who is not of school age and who, on the date (being the date fixed under subsections (1) and (2) of section 32 of this Act for the purposes of subsection (6) of that section) next following the making of the request under subsection (1) above, will be eligible under this Act to commence attendance at a primary school.”.\n(2) Subsection (1) above does not apply in relation to section 28A of that Act as substituted, in relation to a recorded child, by paragraph 3 of Schedule A2 to that Act.\n(3) In section 28G of that Act (placing requests by young persons), after—\n(a)“a”, where it third occurs; and\n(b)“the”, where it second occurs,\nthere shall be inserted “ qualifying ”.\n\n2 Provisions relating to the abolition of the post of assistant headteacher\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n3 Short title and commencement\n(1) This Act may be cited as the School Education (Amendment) (Scotland) Act 2002.\n(2) This Act (except this section) comes into force on such day as the Scottish Ministers may by order made by statutory instrument appoint; and different days may be so appointed for different purposes.","title":""}
{"_id":"text_ukla_2000_1","text":"[10th February 2000]\nWHEREAS the Provisional Order set forth in the Schedule hereunto annexed has been made by the Secretary of State under the provisions of the [1936 c. 52.] Private Legislation Procedure (Scotland) Act 1936, and it is requisite that the said Order should be confirmed by Parliament:\nBe it therefore enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—\n\n1 Confirmation of Order in Schedule\nThe Provisional Order contained in the Schedule hereunto annexed is hereby confirmed.\n\n2 Short title\nThis Act may be cited as the Comhairle Nan Eilean Siar (Eriskay Causeway) Order Confirmation Act 2000.\n\nSCHEDULEComhairle Nan Eilean Siar (Eriskay Causeway)\n 1. Part I Preliminary\n     1. 1.Short title.\n     2. 2.Interpretation.\n     3. 3.Incorporation of Lands Clauses Acts.\n 2. Part II Works\n     1. 4.Power to construct works, etc.\n     2. 5.Power to renew, etc., works.\n     3. 6.Power to deviate.\n     4. 7.Subsidiary works.\n     5. 8.Works deemed to be within na h'Eileanan an Iar.\n     6. 9.Temporary use of land.\n 3. Part III Land\n     1. 10.Power to acquire land.\n     2. 11.Period of compulsory purchase.\n     3. 12.Private rights of way over lands taken compulsorily.\n     4. 13.Powers of entry.\n     5. 14.Further powers of entry.\n     6. 15.Power to acquire servitudes or rights.\n     7. 16.Correction of errors in deposited plan and book of reference.\n     8. 17.Disregard of recent improvements and interests.\n 4. Part IV Miscellaneous\n     1. 18.Tidal works not to be executed without approval of Secretary of State.\n     2. 19.Lights on tidal works during construction.\n     3. 20.Permanent lights on tidal works.\n     4. 21.Survey of tidal works.\n     5. 22.Provision against danger to navigation.\n     6. 23.Abatement of works abandoned or decayed.\n     7. 24.Saving for certain enactments, etc.\n     8. 25.Saving for Coast Protection Act 1949.\n     9. 26.For protection of Scottish and Southern Energy plc.\n    10. 27.No double recovery.\n    11. 28.Crown rights.\n 5. Schedules:\n     1. Schedule 1\n        The authorised works.\n     2. Schedule 2\n        Temporary working site.\nProvisional Order to authorise Comhairle Nan Eilean Siar to construct a causeway for pedestrian and vehicular traffic between the islands of South Uist and Eriskay in na h'Eileanan an Iar; to acquire lands; and for connected purposes.\nWHEREAS—\n(1) Under the [1994 c. 39.] Local Government etc. (Scotland) Act 1994 Comhairle Nan Eilean Siar (hereinafter called “the Comhairle”) are the local authority vested with the functions of a council in respect of the administrative area known as na h'Eileanan an Iar which includes the islands of South Uist and Eriskay:\n(2) The inhabitants of the island of Eriskay suffer hardship and difficulty due to the lack of proper communication across the Sound of Eriskay between that island and the island of South Uist and accordingly experience difficulty in transporting building materials, equipment, livestock and vehicles to and from the island of Eriskay:\n(3) It is the Comhairle’s policy to maintain remote communities and to procure that wherever possible they have reasonable access to the more populated and better provided-for localities within the islands:\n(4) The Comhairle are the body statutorily responsible for the provision of roads in na h'Eileanan an Iar:\n(5) The Comhairle accordingly desire to construct between the islands of South Uist and Eriskay a causeway across waters now lying below the level of low water and related works which will, in their opinion, help to maintain the present population of Eriskay and will also relieve hardship:\n(6) A plan and sections showing the lines or situations and levels of the works proposed to be authorised by this Order, such plan showing also the lands which may be compulsorily acquired or used under the powers of this Order, together with a book of reference to the said plan containing the names of the owners or reputed owners, lessees or reputed lessees and occupiers of all such lands, have been deposited with the sheriff-clerk of the sheriff court district of Lochmaddy at Lochmaddy:\n(7) The purposes of this Order cannot be effected without an Order confirmed by Parliament under the provisions of the [1936 c. 52.] Private Legislation Procedure (Scotland) Act 1936:\nNow therefore, in pursuance of the powers contained in the said Act of 1936, the Secretary of State orders as follows:—\n\nPart IPreliminary\n\n1 Short title\nThis Order may be cited as the Comhairle Nan Eilean Siar (Eriskay Causeway) Order 2000.\n\n2 Interpretation\n(1) In this Order, except where the context otherwise requires—\n  * “the authorised works” means the works (or any of them) authorised by section 4 below and includes such works as renewed, replaced or altered under section 5 below, and any works constructed or executed under section 7 below;\n  * “the Comhairle” means the Comhairle Nan Eilean Siar;\n  * “the deposited plan”,“the deposited sections” and“the deposited book of reference” mean respectively the plan, sections and book of reference duly deposited in Parliament, with the proper officer of the Comhairle and with the sheriff-clerk of the sheriff court district of Lochmaddy in connection with the application for this Order;\n  * “the level of high water” means the level of mean high-water springs;\n  * “the limits of deviation” means the limits of deviation shown on the deposited plan;\n  * “reference point” means Ordnance Survey National Grid reference point; and\n  * “tidal work” means so much of any of the authorised works as are on, under or over tidal waters or tidal lands below the level of high water.\n(2) All directions, distances, lengths and widths stated in any description of works, powers or lands in this Order shall be construed as if the words “or thereabouts” were inserted after each such direction, distance, length and width.\n(3) Any reference in this Order to a work identified by the number of that work shall be construed as a reference to the work of that number authorised by this Order.\n(4) References in this Order to points identified by letters shall be construed as references to the points so lettered on the deposited plan.\n(5) References in this Order to access to any place shall include reference to egress from that place.\n\n3 Incorporation of Lands Clauses Acts\nThe Lands Clauses Acts, except sections 120 to 124 and 127 of the [1845 c. 19.] Lands Clauses Consolidation (Scotland) Act 1845, are hereby incorporated with this Order and in construing the provisions so incorporated the expression “the special Act” shall mean this Order.\n\nPart IIWorks\n\n4 Power to construct works, etc\nSubject to the provisions of this Order, the Comhairle may, in the lines and situations and within the limits of deviation shown on the deposited plan and according to the levels shown on the deposited sections, construct, execute and maintain in the Lochboisdale and Eriskay Electoral Division, parish of South Uist in na h'Eileanan an Iar the works described in Schedule 1 to this Order with all necessary works and conveniences connected therewith.\n\n5 Power to renew, etc., works\nSubject to the provisions of this Order, the Comhairle may, within the limits of deviation, renew, replace, or otherwise alter temporarily or permanently, the authorised works.\n\n6 Power to deviate\nSubject to the provisions of this Order, in the construction or execution of the authorised works the Comhairle may deviate laterally from the lines or situations thereof shown on the deposited plan to the extent of the limits of deviation, and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding 3 metres upwards and to any extent downwards.\n\n7 Subsidiary works\nSubject to the provisions of this Order, the Comhairle, for the purposes of or in connection with the authorised works, may within the limits of deviation construct, execute and maintain all such subsidiary works and conveniences as may be necessary or expedient for or in connection with the authorised works.\n\n8 Works deemed to be within na h'Eilenan an Iar\nSo much of the authorised works constructed or executed pursuant to this Order as are not within na h'Eileanan an Iar shall be deemed for all purposes to be within that area.\n\n9 Temporary use of land\nThe provisions set out in Schedule 2 to this Order shall have effect with respect to the temporary use of land by the Comhairle.\n\nPart IIILand\n\n10 Power to acquire land\nSubject to the provisions of this Order, the Comhairle may enter upon, take and use all or any of the lands within the limits of deviation and described in the deposited book of reference which they may require for the purposes of the authorised works or for any other purposes of this Order.\n\n11 Period of compulsory purchase\nThe powers of the Comhairle for the compulsory purchase of lands under section 10 above shall cease on the tenth anniversary of the passing of the Act confirming this Order.\n\n12 Private rights of way over lands taken compulsorily\n(1) All private rights of way and rights of access over any lands which under the powers of this Order are acquired compulsorily shall as from the date of such acquisition be extinguished.\n(2) All rights of way and rights of access over any lands of which the Comhairle may take temporary possession under this Order shall be suspended and unenforceable against the Comhairle for as long as the Comhairle shall remain in lawful possession of the land.\n(3) The Comhairle shall make compensation to all parties interested in respect of any such rights and such compensation shall be assessed, failing agreement, in the manner provided by the [1963 c. 51.] Land Compensation (Scotland) Act 1963 for determining disputed compensation for lands authorised to be acquired compulsorily.\n\n13 Powers of entry\nAt any time after notice to treat has been served for any land which the Comhairle are authorised by this Order to purchase compulsorily the Comhairle may, after giving to the owner and occupier of the land not less than 28 days' notice, enter on and take possession of the land or such part thereof as is specified in the notice without previous consent or compliance with sections 83 to 89 of the [1845 c. 19.] Lands Clauses Consolidation (Scotland) Act 1845 but subject to the payment of the like compensation for the land of which possession is taken and interest on the compensation awarded as would have been payable if those provisions had been complied with.\n\n14 Further powers of entry\n(1) Subject to the provisions of this Order, the Comhairle and any person duly authorised in writing by the Comhairle, may at all reasonable times in the day upon giving on the first occasion not less than seven days' and on subsequent occasions not less than three days' notice in writing to the occupier, enter upon and into the lands by this Order authorised to be taken or used or any of them, for the purpose of—\n(a) surveying and valuing the said lands; and\n(b) searching and boring for the purpose of ascertaining the nature of the subsoil or the presence of minerals therein.\n(2) The powers of subsection (1)(b) above shall not be exercised with respect to any land unless notice of the intention of the Comhairle to do so has been included, and the site location and the nature of the operations proposed to be carried out have been specified, in the notice required to be given to the occupier of the land pursuant to subsection (1) above and in any such case the Comhairle shall not be required to give further notice in respect of any subsequent entry on the land for the purposes of carrying out the operations specified in the notice.\n(3) In the exercise of the powers conferred by this section, the Comhairle shall cause as little detriment and inconvenience to any person as circumstances allow and shall make compensation to the owners and occupiers of any lands or the owners of any services injuriously affected by the exercise of such powers, such compensation in case of difference to be determined in accordance with the provisions of the [1963 c. 51.] Land Compensation (Scotland) Act 1963.\n\n15 Power to acquire servitudes of rights\n(1) Instead of acquiring any land that may be acquired compulsorily under this Order the Comhairle may acquire compulsorily such servitudes and rights in or over that land as they may require for the purposes of this Order.\n(2) The Comhairle may give notice to treat in respect of any such servitude or right describing the nature thereof, and the provisions of the Lands Clauses Acts shall apply in relation to the acquisition of such servitudes and rights as if they were lands within the meaning of those Acts.\n(3) Where the Comhairle have acquired a servitude or right in or over any land under this section—\n(a) they shall not be required (except by agreement) to fence off or sever that land from adjoining land; and\n(b) the owner or occupier of the land for the time being shall, subject to the servitude or right, have the same right to use and cultivate the land as if this Order had not been made.\n(4) If in his particulars of claim the owner of any land in respect of which notice to treat for a servitude or right is given under this section requires the Comhairle to acquire the land, the Comhairle shall not be entitled to acquire the servitude or right unless the Lands Tribunal for Scotland determines that the servitude or right can be granted without material detriment to the land or, in the case of a park or garden belonging to a house, without seriously affecting the amenity or convenience of the house.\n(5) A notice to treat given under this section shall be endorsed with notice of the effect of subsection (4) above.\n(6) References in this Order to the acquisition of new rights are references to the acquisition of rights (whether real or personal) to be created in favour of the Comhairle.\n\n16 Correction of errors in deposited plan and book of reference\n(1) If the deposited plan or the deposited book of reference is inaccurate in its description of any land or in its statement or description of the ownership or occupation of any land, the Comhairle, after giving not less than 10 days' notice to the owner, lessee and occupier of the land in question, may apply to the sheriff for the correction thereof.\n(2) If on any such application it appears to the sheriff that the misstatement or wrong description arose from mistake, he shall certify the fact accordingly and shall in his certificate state in what respect any matter is misstated or wrongly described.\n(3) The certificate shall be deposited in the office of the Clerk of the Parliaments and a copy thereof respectively in the Private Bill Office, House of Commons, with the sheriff-clerk of the sheriff court district of Lochmaddy and with the Proper Officer of the Comhairle within the meaning of section 235 of the [1973 c. 65.] Local Government (Scotland) Act 1973, and thereupon the deposited plan and the deposited book of reference shall be deemed to be corrected according to the certificate, and it shall be lawful for the Comhairle to take the land or a servitude therein (as the case may be) and execute the works in accordance with the certificate.\n(4) Any certificate or copy deposited under this section with any person shall be kept by him with the other documents to which it relates.\n(5) In this section“the sheriff” means the sheriff principal of, or any sheriff appointed for, the Sheriffdom of Grampian, Highland and Islands.\n\n17 Disregard of recent improvements and interests\nIn determining a question with respect to compensation claimed in consequence of the compulsory purchase of land or of rights or servitudes in or over land under this Order, the Lands Tribunal for Scotland shall not take into account—\n(a) any interest in land; or\n(b) any enhancement of the value of any interest in land, by reason of any building erected, works executed or improvement or alteration made (whether on the land purchased or on any other land with which the claimant is, or was at the time of the erection, executing or making of the building, works, improvement or alteration, directly or indirectly concerned);\nif 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 the case may be, was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.\n\nPart IVMiscellaneous\n\n18 Tidal works not to be executed without approval of Secretary of State\n(1) A tidal work shall not be constructed, executed, renewed, replaced or altered except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.\n(2) If a tidal work is constructed, executed, renewed, replaced or altered in contravention of this section—\n(a) the Secretary of State may by notice in writing require the Comhairle at their own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition; and if, on the expiration of 30 days from the date when the notice is served upon the Comhairle, they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; or\n(b) if it appears to the Secretary of State urgently necessary so to do, he may himself remove the tidal work or part of it and restore the site to its former condition;\nand any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Comhairle.\n\n19 Lights on tidal works during construction\n(1) The Comhairle shall at or near a tidal work during the whole time of the construction, execution, renewal, replacement or alteration thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation, as the Secretary of State shall from time to time direct.\n(2) If the Comhairle fail to comply in any respect with a direction given under this section they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.\n\n20 Permanent lights on tidal works\n(1) After the completion of a tidal work the Comhairle shall exhibit every night from sunset to sunrise such lights, if any, and take such other steps for preventing danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.\n(2) If the Comhairle fail to comply in any respect with a direction given under this section they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.\n\n21 Survey of tidal works\nThe Secretary of State may at any time if he deems it expedient order a survey and examination of a tidal work or of the site upon which it is proposed to construct and execute the work and any expenditure incurred by him in such survey and examination shall be recoverable from the Comhairle.\n\n22 Provision against danger to navigation\n(1) In the case of injury to or destruction or decay of a tidal work or any part thereof the Comhairle shall forthwith notify the Commissioners of Northern Lighthouses and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.\n(2) If the Comhairle fail to notify the Commissioners of Northern Lighthouses as required by this section or to comply in any respect with a direction given under this section they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.\n\n23 Abatement of works abandoned or decayed\n(1) Where a tidal work is abandoned or suffered to fall into decay the Secretary of State may by notice in writing require the Comhairle at their own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.\n(2) Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work, or any portion thereof, in any notice under this section.\n(3) If, on the expiration of 30 days from the date when a notice under this section is served upon the Comhairle, they have failed to comply with the requirements of the notice the Secretary of State may execute the works specified in the notice and any expenditure incurred by him in so doing shall be recoverable from the Comhairle.\n\n24 Saving for certain enactment, etc\n(1) Nothing in this Order affects the operation of—\n(a) the [1974 c. 40.] Control of Pollution Act 1974;\n(b) any of the relevant statutory provisions as defined in section 53 of the [1974 c. 37.] Health and Safety at Work etc. Act 1974;\n(c) Part II of the [1985 c. 48.] Food and Environment Protection Act 1985;\n(d) the [1990 c. 43.] Environmental Protection Act 1990;\n(e) the [1995 c. 25.] Environment Act 1995.\n(2) Nothing in this Order affects prejudicially the jurisdiction or authority of the Commissioners of Northern Lighthouses.\n\n25 Saving for Coast Protection Act 1949\nNothing in this Order exempts the Comhairle from the provisions of Part I of the [1949 c. 74.] Coast Protection Act 1949.\n\n26 For protection of Scottish and Southern Energy plc\n(1) For the protection of Scottish and Southern Energy plc the following provisions shall, save to the extent that the company may release the Comhairle therefrom, apply and have effect.\n(2) In this section unless the subject or context otherwise requires—\n  * “apparatus” means—\n    (a) any electrical plant or electric line as respectively defined in section 64 of the [1989 c. 29.] Electricity Act 1989; and\n    (b) any meter used for ascertaining the quantity of electricity supplied to any premises, not being a meter which is under the control of a consumer;\n  * “the company” means Scottish and Southern Energy plc;\n  * “in” in a context referring to apparatus includes under, over, across, along or upon;\n  * “plan” includes a section and description; and\n  * “position” includes depth.\n(3)(a)Nothing in this Order relieves the Comhairle from liability for damage caused by them to any apparatus in the exercise of the powers conferred on them by this Order and the Comhairle shall indemnify the company against all claims, demands, costs, damages and expenses made or taken against or recovered from or incurred by the company by reason or in consequence of any damage done by the Comhairle to any apparatus or of any interruption in the supply by the company of electricity which may without the written authority of the company be in any way occasioned either by reason of the exercise of any of the powers of this Order or by the acts or defaults (in, or in connection with, such exercise) of the Comhairle.\n(b) If in consequence of the exercise by the Comhairle of the powers of this Order the access to any apparatus is materially obstructed, the Council shall provide an alternative means of access to such apparatus.\n(4) If the Comhairle in exercise of the powers of section 4, 5 or 7 above require to cross over or under, remove, alter or otherwise interfere with any apparatus, or if the exercise of such powers is likely to affect any apparatus, the Comhairle shall—\n(a) give to the company not less than 28 days' prior notice in writing of such requirement or (as the case may be) of their intention to exercise such powers, together with a plan of the work proposed, and shall execute the work only in accordance with such plans and in accordance with such reasonable requirements as may within 21 days of the receipt of the plan be made by the company, and the company may under such requirements alter or otherwise protect the apparatus or provide alternative apparatus adequate to enable them to fulfil their statutory functions not less efficiently than before (hereinafter referred to as “alternative apparatus”);\n(b) afford to the company, where possible, any necessary facilities and rights for the construction, use, maintenance, repair, renewal and inspection of any alternative apparatus;\n(c) pay to the company the expense reasonably incurred by them in and in connection with removing, re-laying, replacing, altering or protecting the apparatus or providing alternative apparatus less (in a case where alternative apparatus is provided) the value of any apparatus removed pursuant to this section.\n(5) Alternative apparatus, if provided under this section shall be constructed in such manner and in such line or position as may be agreed between the Comhairle and the company, and no apparatus shall be removed, altered or interfered with until any protective works required have been carried out or until alternative apparatus required has been provided and is operating to the reasonable satisfaction of the company.\n(6)(a)Any difference arising between the Comhairle and the company under this section shall be referred to and determined by an arbiter to be mutually agreed upon, or failing such agreement be appointed on the application of either party (after notice in writing to the other) by the President of the Institution of Electrical Engineers.\n(b) In settling any difference under this section the arbiter shall have regard to any duties or obligations which the company may be under in respect of any apparatus and may if he thinks fit require the Comhairle to execute within the limits of deviation any temporary or other works so as to avoid so far as may be reasonably possible interference with any purpose for which the apparatus is used.\n\n27 No double recovery\nCompensations shall not be payable in respect of the same matter both under this Order and under any other enactment, any contract or rule of law.\n\n28 Crown rights\n(1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular and without prejudice to the generality of the foregoing, nothing in this Order authorises the Comhairle to take, use, enter upon or in any manner interfere with, any land or hereditament (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary) or any rights of whatsoever description—\n(a) belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those commissioners; or\n(b) 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.\n(2) A consent under subsection (1) above may be given unconditionally or subject to conditions.\n\nSCHEDULES\nSection 4\n\nSCHEDULE 1THE AUTHORISED WORKS\n  * Work No. 1 A causeway providing an accessway for pedestrian and vehicular traffic between the islands of South Uist and Eriskay commencing on the island of South Uist at reference point NF 078128 813920, extending over the Sound of Eriskay in a generally southerly direction to Eel Rocks, across Eel Rocks then through a curve in a generally south-south easterly direction over the Sound of Eriskay and along the shore of the island of Eriskay and terminating at reference point NF 078885 812095, having a width at the level of the metalled carriageway generally of 10 metres but increasing to 11 metres on its curved sections and surrounded on both its seaward faces by breakwaters of broken rock construction and incorporating—\n    (a) a marine culvert (the northern culvert) at a point 340 metres south of the commencement of the causeway, having a span of not less than 10 metres and a headway beneath its soffit of not less than 1.8 metres above chart datum; and\n    (b) a marine culvert (the southern culvert) at a point 1330 metres south of the commencement of the causeway, having a span of not less than 5 metres and a headway beneath its soffit of not less than 1.8 metres above chart datum.\n  * Work No. 2 An approach road on the island of South Uist, commencing by a junction with the existing road known as the Kilbride/Glendale Road at reference point NF 077884 814237, extending in a generally south-easterly direction for a distance of 470 metres and terminating at the point of commencement of Work No. 1.\n  * Work No. 3 An approach road on the island of Eriskay, commencing at the point of termination of Work No. 1, extending in a generally south-easterly direction for a distance of 180 metres and terminating by a junction with the existing road known as the Eriskay Township Road at reference point NF 078969 811939.\nSection 9\n\nSCHEDULE 2TEMPORARY WORKING SITE\n1 In this Schedule “the designated land” means so much of the land numbered 3 on the deposited plan as lies within a line marked “Limit of land to be used”.\n2 The Comhairle, in connection with the construction of Works Nos. 1, 2 and 3 and after giving to the owners and occupiers of the designated land not less than 28 days' notice in writing of intended entry, may—\n(a) enter upon and take possession temporarily of the designated land;\n(b) remove any structures and vegetation on the designated land;\n(c) construct on the designated land such temporary works or structures as may be required by them; and\n(d) use the designated land as a working site and for the deposit and storage of materials.\n3 The Comhairle may form and lay out a temporary means of access to the land numbered 3 at point A.\n4 The Comhairle shall not, by reason of the exercise of the powers of paragraph 2 or 3 above, be required to purchase any part of the designated land.\n5 On the exercise of the powers conferred by paragraph 2 or 3 above, the following provisions shall have effect:—\n(1) The Comhairle shall not, without the agreement of the owners and occupiers of the designated land, remain in possession of any part thereof after a period of one year from the completion of the works for which such possession has been taken;\n(2) Before giving up possession of the designated land, the Comhairle shall—\n(a) remove all temporary works or structures subject to any agreement to the contrary with the owners and occupiers; and\n(b) restore the designated land to the reasonable satisfaction of the owners and occupiers thereof;\n(3) The Comhairle shall compensate the owners and occupiers of the designated land for any loss or damage which may result to them by reason of the exercise of the powers of this Schedule;\n(4) Nothing in this Schedule shall relieve the Comhairle from liability to compensate 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 sub-paragraph (3) above;\n(5) Any dispute as to a person’s entitlement to compensation under sub-paragraph (3) above or as to the amount thereof shall be determined by the Lands Tribunal for Scotland.","title":""}
{"_id":"text_apni_1970_16","text":"[23rd June 1970]\n\n1 Power to increase amounts payable under existing orders.\nSubs.(1) rep. by SLR 1980\n(2) Any order made by a court of summary jurisdiction before the commencement of this Act may be varied so as to include, from the date of the variation, provision for the payment of such increased sums as would have been lawful if the order had been made after the commencement of this Act.\nSubs.(3) rep. by SLR 1980\nS.2 rep. by 1980 NI 5\n\n3 Return of certain moneys received by collecting officers under orders for periodical payment.\n(1) On the hearing of a complaint for the revocation, suspension, variation or discharge of an order for the periodical payment of money, a court of summary jurisdiction may order the return to the person against whom the order was made of the whole or any part of such part of the sum received under the order by the collecting officer under Article 85 of the Magistrates' Courts (Northern Ireland) Order 1981, as can not, at the time of the hearing, be paid to the person named in the order.\n(2) Where a collecting officer makes an application in that behalf, a court of summary jurisdiction—\n(a) may order the return to the person against whom an order for the periodical payment of money has been made of the whole or any part of such part of the sum received under the order by the collecting officer under Article 85 of the Magistrates' Courts (Northern Ireland) Order 1981, as can not, at the time of the hearing of the application, be paid to the person named in the order; and\n(b) may suspend any such order.\n(3) An application under subsection (2) shall be made in accordance with magistrates' courts rules and Articles 77(2) and 81(2) of the Magistrates' Courts (Northern Ireland) Order 1981 shall not apply in relation to the proceedings on any such application.\n(4) Subsections (1) and (2) apply to orders for the periodical payment of money made before or after the commencement of this Act.\n\n4 Short title.\nThis Act may be cited as the Maintenance and Affiliation Orders Act (Northern Ireland) 1970.\n\nSchedule rep. by 1980 NI 5; SLR 1980","title":""}
{"_id":"text_ukpga_Eliz2_8-9_46","text":"[29th July 1960]\n\n1 Cases where contracts need not be under seal.\n(1) Contracts may be made on behalf of any body corporate, wherever incorporated, as follows:—\n(a) a contract which if made between private persons would be by law required to be in writing, signed by the parties to be charged therewith, may be made on behalf of the body corporate in writing signed by any person acting under its authority, express or implied, and\n(b) a contract which if made between private persons would by law be valid although made by parol only, and not reduced into writing, may be made by parol on behalf of the body corporate by any person acting under its authority, express or implied.\n(2) A contract made according to this section shall be effectual in law, and shall bind the body corporate and its successors and all other parties thereto.\n(3) A contract made according to this section may be varied or discharged in the same manner in which it is authorised by this section to be made.\n(4) Nothing in this section shall be taken as preventing a contract under seal from being made by or on behalf of a body corporate.\n(5) This section shall not apply to the making, variation or discharge of a contract before the commencement of this Act but shall apply whether the body corporate gave its authority before or after the commencement of this Act.\n\n2 Exclusion of companies etc\nThis Act does not apply to—\n(a) a company registered under the Companies Act 2006,\n(b) a company incorporated outside the United Kingdom, or\n(c) a limited liability partnership.\n\n3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n4†Short title, repeal and extent.\n(1) This Act may be cited as the Corporate Bodies’ Contracts Act 1960.\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3) This Act shall not affect the law of Scotland or . . . of Northern Ireland.\n\nSCHEDULE\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .","title":""}
{"_id":"text_nia_2010_10","text":"[28th June 2010]\nBE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:\n\nPART 1 FUNCTIONS OF THE DEPARTMENT\n\nGeneral duty of the Department\n1—(1) The Department of Agriculture and Rural Development (“the Department”) has the general duty of promoting afforestation and sustainable forestry.\n(2) The Department must carry out that duty—\n(a) in relation to forestry land, in such a way as to promote and encourage the enjoyment and recreational use of that land by the public; and\n(b) in relation to other forests, in such a way as to promote the social benefits of those forests.\n(3) In this Act—\n“forest” includes woodland;\n“forestry” includes—\n(a) the production and supply of forest products and the maintenance of adequate reserves of growing trees;\n(b) the management and development of forests so as to contribute to the protection of the environment, biodiversity and the mitigation of, or adaptation to, climate change.\n“forestry land” means any land held by the Department for the purposes of any of its functions under this Act;\n“forest products” means timber and other products derived from, or produced in the course of, forestry.\n\nPrincipal powers of the Department\n2—(1) The Department may—\n(a) acquire by agreement any land which it requires for the purposes of, or in connection with, the carrying out of any of its functions under this Act;\n(b) dispose of any forestry land;\n(c) erect such buildings and execute such other works on forestry land as the Department considers necessary for the purposes of any of its functions under this Act;\n(d) make, on such terms and conditions as the Department thinks fit, payments in respect of the afforestation (including the clearing, draining, fencing, planting or replanting, and maintenance) of land to any person who—\n(i) owns that land; or\n(ii) appears to the Department to have a substantial estate in that land,\n(e) make, on such terms and conditions as the Department thinks fit, payments for the purpose of forestry management;\n(f) establish and carry on, or assist in the establishment and carrying on of, woodland industries;\n(g) manage, plant and otherwise use for purposes connected with forestry any land held by the Department;\n(h) acquire forest products and sell or otherwise dispose of any forest products belonging to the Department or to any other person, and generally promote the supply, sale and use of forest products;\n(i) undertake, or give assistance or advice in relation to, the clearing, drainage, fencing, planting or replanting, maintenance, use, management or supervision of any forest or any land suitable for forestry.\n(2) The powers of the Department under subsection (1)(h) and (i) are exercisable in relation to the forest products, forest or land of any other person only on such terms as may be agreed with that person.\n\nProvision of facilities on forestry land\n3—(1) For the purpose of improving the amenity of any forestry land, the Department may provide on that land such facilities as it considers desirable.\n(2) Those facilities may include—\n(a) parking places, caravan parks, camping sites, shelters and toilets;\n(b) places for meals and refreshments;\n(c) viewing points, bridlepaths, nature trails, arboreta, wildlife enclosures, interpretative centres, conservation areas and scenic drives;\n(d) such other recreational, conservational or educational facilities as the Department considers appropriate.\n(3) The Department may, with the approval of DFP, impose such charges on persons making use of any facilities provided by the Department under this section as it considers reasonable.\n\nUse or development of forestry land\n4—(1) The Department may use or develop forestry land for a purpose other than forestry.\n(2) In determining whether and, if so, how to exercise its powers under this section the Department must have due regard to its general duty under section 1(1).\n\nCompulsory acquisition of land\n5—(1) The Department may acquire compulsorily any land which it requires, whether for a limited period or otherwise, for the purposes of, or in connection with, providing or improving access to any land so as to facilitate the carrying out of any of its functions under this Act.\n(2) The power of acquiring land compulsorily under subsection (1) includes power to acquire, by the creation of a new right, an easement or other right over land.\n(3) Schedule 1 has effect in relation to—\n(a) the compulsory acquisition of land under subsection (1); and\n(b) powers of entry in connection with the compulsory acquisition of land under that subsection.\n\nInquiries, information, etc.\n6—(1) The Department may—\n(a) carry on, or assist in the carrying on of, such inquiries as the Department thinks desirable for the purposes of any of its functions under this Act, and publish, assist in the publication of, or otherwise make known the result of such inquiries;\n(b) collect and disseminate, or assist in the collection and dissemination of, such information as the Department thinks desirable for the purposes of promoting forestry;\n(c) undertake the collection, preparation, publication and distribution of statistics relating to forestry or to any forest or land suitable for forestry.\n(2) The powers under subsection (1) include powers to enter into arrangements with bodies outside Northern Ireland which carry out activities similar to those referred to in that subsection.\n(3) The Department—\n(a) shall provide and maintain a register providing such information as the Department considers appropriate as to the location and size of woodlands in Northern Ireland and the types of trees therein;\n(b) shall publish that register in such form as the Department thinks appropriate at intervals not exceeding 10 years;\n(c) may exercise the powers in subsection (1)(b) and (c) in connection with the provision or maintenance of that register.\n(4) The Department may exploit any intellectual property or intangible assets arising from—\n(a) the carrying out of any activity referred to in subsection (1);\n(b) the exercise by the Department of its functions under section 5 of the Agriculture Act (Northern Ireland) 1949 (c. 2) (provision of instruction and undertaking of research) in relation to forestry.\n(5) “Intellectual property” for the purpose of subsection (4) includes any patent, trademark, copyright, design right, registered design or plant breeder's right.\n(6) Where the Department requests any person to provide or permit the collection of any information or statistics relating to any of the matters referred to in paragraphs (b) and (c) of subsection (1), that person commits an offence if—\n(a) that person fails without reasonable excuse to comply with the request of the Department; or\n(b) in purported compliance with the request of the Department, that person knowingly or recklessly makes a statement or gives information which is false in a material particular.\n(7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 1 on the standard scale.\n\nIncidental powers\n7—(1) For the purpose of the exercise of its functions under this Part, the Department may—\n(a) enter into arrangements with other persons or bodies;\n(b) form, or participate in the forming of, a body corporate;\n(c) invest in a body corporate;\n(d) appoint a person to act as an officer of a body corporate.\n(2) The powers under subsection (1)(b) to (d) are exercisable only with the approval of DFP.\n(3) The power under subsection (1)(a) is exercisable for the purposes of the exercise of the functions of the Department under section 4(1) only with the approval of DFP.\n\nPART 2 PROTECTION OF FOREST TREES FROM DAMAGE\n\nControl of animals in forests\n8—(1) This section applies where any trees growing on land falling within subsection (2) are being damaged by deer or hares (other than Irish hares).\n(2) Land falls within this subsection if—\n(a) it is land of 0.2 hectares or more in area which is forest; or\n(b) it is land used for rearing young forest trees.\n(3) The occupier of the land may take, kill or destroy any deer or hares (other than Irish hares) which are—\n(a) on that land; or\n(b) on any adjoining land which that person also occupies.\n\nControl (with permission of occupier) of animals on land adjacent to forest\n9—(1) In this section—\n“land A” means any land falling within section 8(2);\n“land B” means any land—\n(a) which adjoins land A; or\n(b) any part of which is within 500 metres of any part of land A.\n(2) The following provisions apply where the Department is satisfied that trees growing on land A are being, or are likely to be, damaged by wild animals present on land B.\n(3) The Department may serve on the occupier of land B a notice—\n(a) stating that trees growing on land A are being, or are likely to be, damaged by wild animals present on land B; and\n(b) requesting that the occupier—\n(i) take effective steps, within 3 months of the date of the service of the notice, to prevent the damage; or\n(ii) grant permission for an authorised person to enter land B and exercise the powers conferred by subsection (4).\n(4) An authorised person may with the permission of the occupier take, kill or destroy any wild animals on land B.\n(5) If land A or land B is unoccupied, subsections (3) and (4) apply with the substitution of references to the owner of that land for references to the occupier.\n(6) In this section “wild animal” means any animal which is living wild and is likely to damage trees, other than—\n(a) a bird;\n(b) the Irish hare;\n(c) an animal for the time being included in Schedule 5 to the Wildlife (Northern Ireland) Order 1985 (NI 2).\nProspective\n\nControl of animals on land adjacent to forest\n10—(1) In this section—\n“land A” means any land falling within section 8(2);\n“land B” means any land—\n(a) which adjoins land A; or\n(b) any part of which is within 500 metres of any part of land A.\n(2) Subsection (3) applies where the Department reasonably suspects that trees growing on land A are being, or are likely to be, damaged by wild animals present on land B.\n(3) An authorised person may inspect land B for the purpose of establishing—\n(a) which wild animals (if any) are present on the land;\n(b) the number of wild animals present on the land;\n(c) whether any action should be taken by the Department under any of the following provisions of this section.\n(4) Subsection (5) applies where the Department is satisfied (whether as a result of an inspection under subsection (3) or otherwise) that trees growing on land A are being, or are likely to be, damaged by any wild animals present on land B.\n(5) The Department may serve on the occupier of land B a notice—\n(a) stating that trees growing on land A are being, or are likely to be, damaged by wild animals present on land B; and\n(b) requesting that, within 3 months of the date of the service of the notice, effective steps be taken to prevent the damage.\n(6) Subsections (7) and (8) apply if the occupier of land B does not comply with a notice served under subsection (5).\n(7) An authorised person may kill, take or destroy any wild animals on land B during such period (not exceeding 12 months) as the Department may specify by notice served on the occupier of that land.\n(8) Where the occupier of land A is not the Department, any costs incurred by the Department in connection with an authorised person taking action under subsection (7) are recoverable as a civil debt from the occupier of land A.\n(9) If land B is unoccupied, subsections (5) to (8) apply with the substitution of references to the owner of that land for references to the occupier.\n(10) In this section “wild animal” has the same meaning as in section 9.\n\nRemoval or destruction of vegetation on adjoining land\n11—(1) Subsection (2) applies where the Department is satisfied that, by reason of the presence of any vegetation on uncultivated land adjoining a forest, the forest is liable to be damaged by fire originating on the uncultivated land.\n(2) The Department may serve on the occupier of the uncultivated land a notice—\n(a) stating that the vegetation constitutes a potential danger to the forest; and\n(b) requesting that, within 30 days from the date of service of the notice—\n(i) any vegetation growing on the part of the land within a distance of 15 metres from the boundary of the forest be removed or destroyed; or\n(ii) such other measures as are specified in the notice be taken in relation to that vegetation for the purposes of reducing the risk of the forest being damaged by fire.\n(3) If the occupier does not comply with a notice served under subsection (2), an authorised person may, within 4 months from the date of the service of the notice, remove or destroy any vegetation growing on the part of the land within a distance of 15 metres from the boundary of the forest or take such other measures in relation to that vegetation as the Department considers appropriate for the purposes of reducing the risk of the forest being damaged by fire.\n(4) If the uncultivated land is unoccupied, subsections (2) and (3) apply with the substitution of references to the owner of that land for references to the occupier.\n\nProtection for persons acting under sections 8 to 11\n12—(1) A person is not guilty of an offence under—\n(a) section 7(1)(a) or 7A(1)(a) of the Game Preservation Act (Northern Ireland) 1928 (c. 25), or\n(b) Article 19(1) or (4) of the Wildlife (Northern Ireland) Order 1985 (NI 2),\nby reason of any act falling within subsection (2).\n(2) An act falls within this subsection if it is done—\n(a) in pursuance of the power in section 8(3), 9(4) or 10(7); or\n(b) for the purpose of complying with a notice under section 9(3) or 10(5).\n(3) A person is not guilty of an offence under—\n(a) section 7B or 7E of the Game Preservation Act (Northern Ireland) 1928, or\n(b) Article 10(4) or 14 of the Wildlife (Northern Ireland) Order 1985,\nby reason of any act falling within subsection (4).\n(4) An act falls within this subsection if it is done—\n(a) for the purpose of complying with a notice under section 11(2); or\n(b) in pursuance of the power in section 11(3).\n(5) But nothing in section 8 or 10 affects the operation of any statutory provision relating to . . . firearm licences.\n\nBurning of vegetation\n13—(1) A person shall not burn any vegetation growing within one and a half kilometres of a forest which that person does not own unless that person has, within the period mentioned in subsection (2), served on the owner of the forest notice of that person's intention to burn that vegetation.\n(2) That notice must be served not more than one month and not less than 14 days before the date on which it is intended to burn the vegetation.\n(3) A person who burns any vegetation in contravention of subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding level 1 on the standard scale.\n(4) Where a notice has been served under subsection (1) on the owner of a forest, that owner may, within 10 days after receiving the notice, serve on the person serving the notice a counter-notice objecting to the proposed burning on the ground that it is liable to cause damage to the forest.\n(5) Subsection (6) applies to a person who burns any vegetation—\n(a) in contravention of subsection (1); or\n(b) after receiving a counter-notice served under subsection (4).\n(6) That person is liable for all damage caused by the burning to any forest in respect of which a notice was, or ought to have been, given under subsection (1); and accordingly damages are recoverable by the owner of that forest from the person burning the vegetation.\n(7) Subsection (6) does not prejudice any other remedy or the rights of any other person.\n\nProtection of forest trees, etc. from pests\n14—(1) The Plant Health Act (Northern Ireland) 1967 (c. 28) is amended as follows.\n(2) In section 3B (matters which may be included in orders under the Act) after subsection (1) insert—\n“(1A) An order under this Act which contains a statement that it is made for the purpose of protecting forest trees, timber and other forest products from attack by pests, may impose such reasonable fees or other charges as the Department may, with the consent of the Department of Finance and Personnel, prescribe—\n(a) in connection with applications for and the issue of any licence or certificate which may be issued in pursuance of such an order in connection with the import or export of any article;\n(b) in respect of the performance by the Department of any service without the performance of which any requirement for the issue of such a licence or certificate would not be met.”.\n\nPART 3 FELLING OF TREES\n\nRestriction of felling\n\nRequirement of licence for felling\n15—(1) Subject to subsection (2), a person shall not fell trees growing on land of 0.2 hectares or more in area unless a licence granted by the Department under this Part (“a felling licence”) is in force authorising the felling.\n(2) Subsection (1) does not apply to—\n(a) the felling of trees with a diameter not exceeding 8 centimetres or, in the case of coppice or underwood, with a diameter not exceeding 15 centimetres;\n(b) the felling of fruit trees;\n(c) the felling of trees on land comprised in an orchard, garden, churchyard or on open space used (otherwise than in pursuance of Part 3 of the Access to the Countryside (Northern Ireland) Order 1983 (NI 18)) for the purpose of public recreation;\n(d) the topping or lopping of trees or the trimming or laying of hedges;\n(e) the felling by any person of trees on land occupied by that person or by a tenant of that person—\n(i) where the trees have a diameter not exceeding 10 centimetres and the felling is carried out in order to improve the growth of other trees; or\n(ii) where the aggregate cubic content of the trees which are felled by that person without a licence (exclusive of trees to whose felling subsection (1) does not apply) does not exceed 5 cubic metres in any quarter;\n(f) the felling of trees for the prevention of danger or the prevention or abatement of a nuisance;\n(g) the felling of a tree in compliance with any obligation imposed by or under any statutory provision (including a provision of this Act);\n(h) the felling of a tree carried out by, or at the request of, an electricity undertaker, because the tree is or will be in such close proximity to an electric line or electrical plant which is kept installed or is being or is to be installed by the undertaker as to have the effect mentioned in paragraph 14(1)(a) or (b) of Schedule 4 to the Electricity (Northern Ireland) Order 1992 (NI 1);\n(i) the felling of a tree where the felling is immediately required for the purpose of carrying out development authorised by planning permission;\n(j) the felling by statutory undertakers of a tree on land in their occupation which obstructs the construction of any works required for the purposes of the undertaking by those undertakers, or of a tree which interferes with the maintenance or operation of any works vested in those undertakers;\n(k) the felling of trees by a government department;\n(l) the felling of a tree which requires the consentof a council or of the Department of the Environment under the provisions of a tree preservation order;\n(m) the felling of a tree to which section 127 of the Planning Act (Northern Ireland) 2011 applies (trees in conservation area).\n(3) Any person who fells trees in contravention of this section commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale or twice the sum which appears to the court to be the value of the trees, whichever is the higher.\n(4) Regulations may—\n(a) make provision as to the calculation of the area of any land for the purposes of subsection (1);\n(b) amend subsection (2), whether by amending or removing an existing exemption or adding a new exemption.\n(5) In this section—\n“electricity undertaker” means a licence holder within the meaning of Part 2 of the Electricity (Northern Ireland) Order 1992 by whom the powers conferred by paragraph 14 (tree lopping) of Schedule 4 to that Order are exercisable;\n“electric line” and “electrical plant” have the same meanings as in Part 2 of the Electricity (Northern Ireland) Order 1992;\n“planning permission” means permission granted or deemed to have been granted under the Planning (Northern Ireland) Order 1991;\n“quarter” means the period of three months beginning with the 1st January, 1st April, 1st July or 1st October in any year;\n“statutory undertaker” has the same meaning as in the Planning (Northern Ireland) Order 1991;\n“tree preservation order” means an order made under Article 65 of the Planning (Northern Ireland) Order 1991;\nand references to the diameter of trees shall be construed as references to the diameter, measured over the bark, at a point 1.3 metres above the ground level.\n\nApplication for felling licence\n16—(1) An application for a felling licence may be made to the Department in the prescribed manner by any person who has such an estate in the land on which the trees are growing as enables that person, with or without the consent of any other person, to fell the trees.\n(2) On an application under this section the Department may—\n(a) grant the licence, subject to section 18; or\n(b) refuse it.\n(3) Where the Department refuses to grant a felling licence, it shall give notice in writing to the applicant of the grounds for the refusal.\n\nCompensation on refusal of felling licence\n17—(1) If the Department refuses an application for a felling licence in the case of any trees, any person who is for the time being the owner of the trees is entitled to compensation for any depreciation in the value of the trees which is attributable to deterioration in the quality of the timber comprised therein in consequence of the refusal of a felling licence for them.\n(2) Compensation under this section shall be recoverable from the Department on a claim made in the prescribed manner.\n(3) Claims for the compensation in the case of any trees may be made from time to time in respect of deterioration taking place after the refusal of a felling licence for those trees, but—\n(a) no such claim shall be made in respect of deterioration taking place more than 10 years before the date of the claim; and\n(b) if the trees have been felled, no such claim shall be made after the expiration of one year from the date of the felling.\n(4) In calculating compensation—\n(a) no account shall be taken of deterioration in the quality of the timber which is attributable to neglect of the trees after the refusal of a felling licence for them; and\n(b) the value of the trees at any time shall be ascertained on the basis of prices current at the date of the claim.\n(5) Any question of disputed compensation shall be referred to and determined by the Lands Tribunal.\n\nOperation and conditions of felling licence\n18—(1) A felling licence shall continue in force for such period (not being less than 5 years from the date on which it is granted) as is specified in the licence.\n(2) A felling licence in respect of trees on any land shall be granted subject to—\n(a) the conditions set out in the felling management plan for that land; and\n(b) such other conditions (if any) as are specified in the licence.\n(3) The felling management plan for any land is a document which sets out conditions regulating the felling of trees on that land authorised by a felling licence; and accordingly a felling licence authorises the felling of trees on any land in accordance with, and subject to, the felling management plan for the time being in force in relation to that land.\n(4) The conditions in a felling management plan for any land may in particular—\n(a) set out the times at which, or periods within which, the felling of specified trees is authorised;\n(b) require the restocking or stocking of that land with trees of a specified species and the maintenance of those trees in accordance with the rules and practice of good forestry for a period not exceeding the period for which the licence remains in force;\n(c) prohibit the restocking of open ground created by the felling of trees for a period not exceeding the period for which the licence remains in force.\n(5) In determining the felling management plan for any land which consists of, or includes, ancient woodland, the Department shall have regard to the desirability of maintaining the special character of that woodland.\n(6) Regulations may make provision about the drawing up, form, content and amendment of, and other matters relating to, felling management plans.\n\nDeferred decision on an application for felling licence\n19—(1) Where a person applies for a felling licence and the Department does not within 3 months after receiving the application, or within such further time as may be agreed with the applicant, give notice to the applicant of its decision on the application, the provisions of this Part apply in relation to the application as if it had been refused.\n(2) Subsections (3) and (4) apply if on an application for a felling licence it appears to the Department that the applicant is not entitled to an estate in the land which would enable the applicant to comply with the conditions of the licence (if granted).\n(3) The Department may give notice in writing to that effect to the applicant and postpone consideration of the application until the person entitled to such an estate is joined as a party to the application.\n(4) Where a notice under subsection (3) is given, subsection (1) applies as if, instead of referring to a period of 3 months after the Department receives the application, it referred to a period of 3 months after the date on which the person entitled to such an estate in the land as is mentioned in the notice is joined as a party to the application.\n\nAppeal against decision of Department on application for felling licence\n20—(1) A person aggrieved by—\n(a) the refusal of the Department to grant a felling licence on an application, or\n(b) any conditions subject to which a felling licence is granted by the Department,\nmay appeal to a person appointed under section 26.\n(2) On an appeal under this section the person appointed under section 26 may—\n(a) confirm the decision of the Department on the application; or\n(b) in the case of an appeal under subsection (1)(a), direct the Department to issue a felling licence subject to the such conditions as are specified in the direction; or\n(c) in the case of an appeal under subsection (1)(b), direct the Department to modify the conditions subject to which the felling licence was granted.\n(3) It is the duty of the Department to give effect to any direction under subsection (2)(b) or (c).\nProspective\n\nFees in connection with felling licences\n21—(1) Such fees as may be prescribed shall be charged by the Department in respect of—\n(a) applications for felling licences;\n(b) the issue of felling licences;\n(c) the continuation in force of felling licences.\n(2) Regulations may provide—\n(a) for fees to be payable at such times as may be prescribed;\n(b) for fees to be payable in one sum or by instalments.\n(3) The Department may decline to proceed with—\n(a) any application for a felling licence, or\n(b) the issue of any felling licence,\nuntil any fee or instalment of a fee in respect of the application or issue (as the case may be) is duly paid.\n(4) If, in the case of any application for a felling licence, any fee or instalment of a fee in respect of the application for or issue of the licence is not duly paid by the prescribed time—\n(a) the application shall be treated as withdrawn at that time; and\n(b) any decision made on the application ceases to have effect at that time.\n(5) If any fee or instalment of a fee in respect of the continuation in force of a felling licence is not duly paid by the prescribed time, the licence terminates at that time.\n(6) The Department may, if it considers there to be exceptional circumstances that justify its doing so in any case where subsection (4) or (5) has applied, direct that as from the time mentioned in that subsection its effect in that case be disregarded.\n(7) Regulations under this section may provide for fees to be remitted or refunded (in whole or part) in prescribed cases.\n\nRestocking notice\n\nPower of Department to require restocking after unauthorised felling\n22—(1) The Department may serve a notice under this section (a “restocking notice”) on a person where it appears to the Department that—\n(a) the person has committed an offence under section 15(3); and\n(b) the person has such an estate in the land in question as is mentioned in section 16(1).\n(2) A restocking notice is a notice requiring the person on whom it is served—\n(a) to restock or stock with trees of a specified species the land or such other land as may be agreed between the Department and that person; and\n(b) to maintain those trees in accordance with the rules and practice of good forestry for a period, not exceeding 5 years, specified in the notice.\n\nAppeal against restocking notice\n23—(1) A person on whom a restocking notice has been served who objects to the notice or to any requirement contained in the notice may appeal to a person appointed under section 26.\n(2) On an appeal under this section the person appointed under section 26 may—\n(a) confirm the notice, or\n(b) direct the Department to withdraw the notice or modify it in such manner as is specified in the direction.\n(3) It is the duty of the Department to give effect to any direction under subsection (2)(b).\n\nEnforcement of felling licence conditions and restocking notice\n\nNotice to require compliance with felling licence conditions or restocking notice\n24—(1) The provisions of this section apply if—\n(a) any condition of a felling licence is not complied with; or\n(b) any restocking notice served by the Department is not complied with.\n(2) The Department may give to the person responsible a notice (an “enforcement notice”) requiring such steps as may be specified in the notice to be taken within such time (not being less than the prescribed period after the notice has become operative) as may be so specified for remedying the default.\n(3) For purposes of subsection (2) “the person responsible” is—\n(a) in the case of non-compliance with the conditions of a felling licence, the person specified in subsection (4); and\n(b) in the case of non-compliance with a restocking notice, the person on whom the notice was served.\n(4) The person referred to in subsection (3)(a) is—\n(a) the applicant for the licence, if on the date the notice is served the applicant has such estate in the land as is referred to in section 16(1); or\n(b) in any other case, the owner of the land.\n(5) If after the expiration of the time specified in the enforcement notice any steps required by that notice have not been taken, an authorised person may, subject to section 25, take those steps.\n(6) If an authorised person, in the exercise of powers under subsection (5), takes any steps required by an enforcement notice, the Department may recover from the person to whom the notice was given any expenses reasonably incurred by the Department in connection with the authorised person taking those steps.\n(7) Any sums recoverable under subsection (6) may be recovered summarily as a civil debt.\n(8) A person who without reasonable excuse fails to take any steps required by an enforcement notice given to that person commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.\n(9) A person who is required by an enforcement notice to carry out works or take any other steps may carry out those works or take those steps notwithstanding any lease, covenant or contract relating to the trees or land affected by the notice.\n\nAppeal against enforcement notice\n25—(1) A person to whom an enforcement notice is given in relation to a felling licence may appeal against the enforcement notice to a person appointed under section 26 on the grounds—\n(a) that the conditions of the licence have been complied with; or\n(b) that the steps required by the enforcement notice to be taken are not required for compliance with the conditions of the licence.\n(2) A person to whom an enforcement notice is given in relation to a restocking notice may appeal against the enforcement notice to a person appointed under section 26 on the grounds—\n(a) that the restocking notice has been complied with; or\n(b) that the steps required by the enforcement notice to be taken are not required by the restocking notice.\n(3) An enforcement notice shall be inoperative—\n(a) until the expiration of the period for bringing an appeal under this section; and\n(b) where an appeal is brought under this section, until the conclusion of any proceedings under this section on that appeal.\n(4) On an appeal under this section the person appointed under section 26 may—\n(a) confirm the enforcement notice, or\n(b) direct the Department to withdraw the notice or modify it in such manner as is specified in the direction.\n(5) It is the duty of the Department to give effect to any direction under subsection (4)(b).\n\nSupplementary\n\nAppeals under this Part\n26—(1) The Department shall appoint a person to determine an appeal under section 20, 23 or 25.\n(2) A civil servant employed in the Department shall not be appointed under this section.\n(3) The Department may by regulations provide—\n(a) for appeals under section 20, 23 and 25 to be made in such manner and within such time as is prescribed;\n(b) for the procedure to be followed, and powers to be exercisable, by a person appointed under this section in, or in connection with, determining an appeal under section 20, 23 or 25.\n(4) The Department may pay to a person appointed under this section such remuneration or allowances as it may, with the consent of DFP, determine.\n\nIdentification of trees\n27 An authorised officer may take such steps, whether by marking or otherwise, as the Department considers necessary for identifying trees—\n(a) which are the subject of a felling licence; or\n(b) in respect of which a felling licence has been refused.\n\nRegulations as to applications, claims and notices\n28 A power conferred by this Part to prescribe the manner in which an application, a claim or a notice is to be made or given under this Part includes power to require—\n(a) that any particulars specified in the application, claim or notice be verified in the prescribed manner;\n(b) that notice of the application, claim or notice be given to a prescribed person or body.\n\nApplication of this Part to Crown land\n29—(1) In this section “Crown land” means—\n(a) land an interest in which belongs to Her Majesty in right of the Crown; and\n(b) land an interest in which belongs to a government department or is held in trust for Her Majesty for the purposes of a government department.\n(2) Subject to subsection (3), this Part applies in relation to Crown land and trees growing on such land to the extent only of any estate therein which is for the time being held otherwise than on behalf of the Crown.\n(3) Except with the consent of the appropriate authority—\n(a) no conditions shall be imposed on the grant of a felling licence in respect of trees on Crown land;\n(b) no restocking notice shall be given in respect of Crown land.\n(4) In this section “the appropriate authority” in relation to any land means—\n(a) in the case of land belonging to Her Majesty in right of the Crown, the Crown Estate Commissioners or other government department having the management of the land in question;\n(b) in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, that department;\nand if any question arises as to what authority is the appropriate authority in relation to any land, that question shall be referred to DFP, whose decision shall be final.\n\nInterpretation of this Part\n30 In this Part—\n“enforcement notice” has the meaning given in section 24(2);\n“felling” includes intentionally destroying by any means;\n“felling licence” has the meaning given by section 15(1);\n“government department” means a Northern Ireland department or a department of the Government of the United Kingdom;\n“prescribed” means prescribed by regulations;\n“regulations” means regulations made by the Department;\n“restocking notice” has the meaning given by section 22(1).\n\nPART 4 MISCELLANEOUS AND SUPPLEMENTARY\n\nRight of access to, and byelaws for, forestry land\n\nPublic right of access to, and byelaws for, forestry land\n31—(1) Subject as follows, the public shall have right of access on foot to all forestry land for the purposes of recreation.\n(2) That right of access does not extend—\n(a) to any building or structure on forestry land; or\n(b) to any facility on forestry land in respect of which a charge is payable under section 3.\n(3) That right of access is subject—\n(a) to byelaws under subsection (4); and\n(b) in the case of land held by the Department under a lease, to the terms of the lease.\n(4) The Department may make byelaws—\n(a) making such provision as may appear to the Department to be necessary for the preservation of trees or timber on forestry land;\n(b) prohibiting or regulating any act or thing likely to injure or disfigure forestry land or the amenities of, or facilities provided on, that land;\n(c) providing for the reasonable use of forestry land by the public for the purposes of recreation;\n(d) excluding or restricting the right of access conferred by subsection (1) in circumstances or for purposes specified in the byelaws and subject to such conditions (if any) as may be so specified.\n(5) An authorised person may exercise such powers and perform such duties as the Department considers necessary for the enforcement of byelaws made under subsection (4).\n(6) In particular an authorised person may remove or exclude from any forestry land a person who commits or whom the authorised person reasonably suspects of committing an offence.\n(7) Where byelaws under subsection (4) declare a contravention of any provision of the byelaws to be an offence, a person contravening that provision commits an offence and is liable on summary conviction—\n(a) to a fine not exceeding level 3 on the standard scale; and\n(b) in the case of a continuing offence, to a further fine not exceeding one-tenth of level 3 on the standard scale in respect of each day during which the offence is continued after conviction.\n\nPowers of entry\n\nPowers of entry\n32—(1) Subject to the following provisions of this section, an authorised person may, on production if required of that authority, at any reasonable time enter any land for the purpose of—\n(a) exercising any functions of an authorised person under this Act; or\n(b) enabling the Department to carry out any of its functions under this Act.\n(2) A person is not entitled to exercise a power of entry conferred by subsection (1) in relation to any land unless that person has given at least 24 hours' notice of the intended entry to the occupier of the land or such lesser period of notice as may be agreed between that person and the occupier.\n(3) Nothing in this section authorises a person to enter a dwelling house.\n(4) If it is shown to the satisfaction of a lay magistrate on a sworn complaint in writing—\n(a) that admission to the land which any person is entitled to enter by virtue of subsection (1) has been refused to that person, or that refusal is apprehended, or that the land is unoccupied, or the occupier is temporarily absent, or that the case is one of urgency, and\n(b) that there are reasonable grounds for entry to the land for any purpose for which entry is required,\nthe lay magistrate may by warrant authorise that person to enter on the land if need be by force.\n(5) Every warrant granted under this section continues in force until the purpose for which entry is necessary has been satisfied.\n(6) Any person entering any land by virtue of the power of entry conferred by subsection (1) or by virtue of a warrant granted under subsection (4)—\n(a) may take onto the land such other persons and such equipment as may be necessary; and\n(b) on leaving any unoccupied land entered by virtue of such a power of entry or such a warrant shall leave it as effectually secured against trespassers as it was found.\n(7) Where, in the exercise of the power of entry conferred by subsection (1) or in executing any warrant granted under subsection (4), any damage is caused to land or goods (other than damage expressly authorised by this Act) any person interested in the land or goods may recover compensation in respect of that damage from the Department.\n(8) Any question of disputed compensation under subsection (7) shall be referred to and determined by the Lands Tribunal.\n\nOffences\n\nObstruction of officers, etc.\n33—(1) Any person who intentionally obstructs—\n(a) any officer of the Department in the exercise of any function under this Act,\n(b) an authorised person in the exercise of any such function, or\n(c) any other person engaged on works in pursuance of this Act,\ncommits an offence.\n(2) Any person who—\n(a) pulls down, removes or damages any works done in pursuance of this Act, or\n(b) removes, defaces or damages any pegs, poles or marks placed or made by any authorised person for the purpose of, or in connection with, any such works,\ncommits an offence.\n(3) Any person guilty of an offence under this section is liable on summary conviction—\n(a) to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding 6 months or to both; and\n(b) in the case of a continuing offence, to a further fine not exceeding one-tenth of level 4 on the standard scale in respect of each day during which the offence is continued after conviction.\n\nProsecutions under this Act\n34—(1) Notwithstanding anything in Article 19(1) of the Magistrates Courts (Northern Ireland) Order 1981 (NI 26), proceedings for an offence under this Act may be brought within a period of 6 months from the date on which evidence sufficient in the opinion of the complainant to warrant the proceedings came to the knowledge of the complainant; but no proceedings shall be brought by virtue of this subsection more than 2 years after the commission of the offence.\n(2) For the purposes of subsection (1)—\n(a) a certificate signed by or on behalf of the complainant and stating the date on which such evidence as is mentioned in that subsection came to the knowledge of the complainant shall be conclusive evidence of that fact; and\n(b) a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.\n\nSupplementary\n\nRegulations\n35—(1) No regulations shall be made under section 15 or 21 unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.\n(2) All other regulations under this Act are subject to negative resolution.\n(3) Regulations under this Act may contain such incidental, supplementary, transitional and saving provisions as appear to the Department to be necessary or expedient.\n\nInterpretation\n36 In this Act—\n“afforestation” includes re-afforestation;\n“authorised person”, in relation to any provision of this Act, means a person authorised in writing by the Department for the purposes of that provision;\n“the Department” means the Department of Agriculture and Rural Development;\n“DFP” means the Department of Finance and Personnel;\n“forest”, “forestry”, “forestry land” and “forest products” have the meanings given by section 1(3);\n“notice” means notice in writing;\n“statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33);\n“woodland industry” means any industry which uses timber or other forestry products as a major part of its raw materials.\n\nApplication to the Crown\n37—(1) Subject to—\n(a) sections 15(2)(k) and 29 (felling licences), and\n(b) the provisions of this section,\nthis Act binds the Crown to the full extent authorised or permitted by the constitutional laws of Northern Ireland.\n(2) A contravention by the Crown of any provision of, or made under, this Act does not make the Crown criminally liable; but the High Court may, on the application of the Department, declare unlawful any act or omission of the Crown which constitutes such a contravention.\n(3) Despite subsection (2), any provision of, or made under, this Act applies to persons in the public service of the Crown as it applies to other persons.\n(4) The powers conferred by section 32 are exercisable in relation to Crown land only with the consent of the appropriate authority.\n(5) In this section “the appropriate authority” and “Crown land” have the same meanings as in section 29.\n\nAmendments and repeals\n38—(1) In section 5 of the Agriculture (Northern Ireland) Act 1949 (c. 2) (instruction and research in agriculture and related subjects) in subsection (3) in the definition of “related subjects” for paragraph (f) substitute—\n“(f)forestry within the meaning of the Forestry Act (Northern Ireland) 2010;”.\n(2) In Article 3 of the Agriculture (Miscellaneous Provisions) (Northern Ireland) Order 1994 (NI 6) (general duty of Department to balance interests)—\n(a) the existing provision becomes paragraph (1); and\n(b) after that paragraph insert—\n“(2) Paragraph (1) does not apply in relation to forestry land within the meaning of the Forestry Act (Northern Ireland) 2010.”.\n(3) The statutory provisions set out in Schedule 2 are repealed to the extent specified in the second column of that Schedule.\n\nCommencement\n39—(1) Sections 1 to 34 and 38 (and the Schedules) come into operation on such day or days as the Department may by order appoint.\n(2) No order may be made under subsection (1) in relation to any provision of section 10 unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.\n(3) An order under subsection (1) may contain such transitional or saving provisions as the Department thinks appropriate.\n\nShort title\n40 This Act may be cited as the Forestry Act (Northern Ireland) 2010.\n\nSCHEDULES\nSection 5.\n\nSCHEDULE 1COMPULSORY ACQUISITION OF LAND\n\nCompulsory acquisition: vesting orders\n1—(1) Where the Department proposes to acquire land compulsorily it may make an order (a “vesting order”) vesting the land in the Department.\n(2) The power to make a vesting order in respect of any land by virtue of this paragraph includes power to create and vest in the Department new rights over the land as well as to vest existing rights.\n\nCompulsory acquisition: procedure, etc.\n2 Schedule 6 to the Local Government Act (Northern Ireland) 1972 (c. 9) applies for the purposes of the acquisition of land by means of a vesting order made under paragraph 1 in the same manner as it applies to the acquisition of land by means of a vesting order made under that Act, subject to the following modifications—\n(a) for any reference to the Department or the council substitute a reference to the Department;\n(b) for any reference to that Act substitute a reference to this Act;\n(c) omit paragraph 1;\n(d) in paragraph 2—\n(i) for the words from the beginning to “directs” substitute “ Where the Department proposes to acquire land compulsorily, it shall give notice of its intention to do so, and that notice ”;\n(ii) omit the words “in such form and manner as the Ministry directs” ;\n(iii) in sub-paragraph (c) for the words “as may be prescribed” substitute “ as the Department considers fit ”;\n(e) in paragraph 3(1)(b) after the word “held” insert “ by the planning appeals commission or by any other person ”;\n(f) in paragraph 4 omit the words from “and may provide” onwards;\n(g) in paragraph 5—\n(i) in sub-paragraph (1)(a) omit the words “in the prescribed form and manner”;\n(ii) in sub-paragraph (1)(d) omit the words “in the prescribed form”;\n(iii) in sub-paragraph (2) for the words “as may be prescribed” substitute “ as the Department thinks fit ”;\n(h) in paragraph 6(2) for the words from “fund out of which the expenses of the council in acquiring the land are to be defrayed” substitute “ Consolidated Fund ” and for the words “out of the compensation fund” substitute “ made by the Department ”;\n(i) in paragraph 11(3) omit the words “in the prescribed form”;\n(j) in paragraph 12—\n(i) in sub-paragraph (1) omit the words “such” and “as may be prescribed”;\n(ii) in sub-paragraph (2) for the words from “clerk” to “directs” substitute “ Department as correct, and publish ”;\n(k) in paragraph 14(1) omit the words “in the prescribed form”;\n(l) in paragraph 15(1) for the words “in the prescribed form” substitute “ in such form as may be approved by the Department ”;\n(m) omit paragraphs 19 and 20(2).\n\nCompulsory acquisition: land belonging to statutory bodies and inalienable land\n3 The power to make a vesting order under paragraph 1 in respect of land—\n(a) which is the property of any statutory body which has power under any statutory provision to acquire land compulsorily, or\n(b) which is declared by or under any statutory provision to be inalienable,\nshall not, where representations objecting to the proposal for making the order have been duly made by the owner of the land and have not been withdrawn, be exercised in relation to that land unless the proposal for making the order has been approved by a resolution of the Assembly.\n\nCompulsory acquisition: land containing historic monuments or archaeological object\n4—(1) Nothing in this Schedule authorises the acquisition, without the consent of the Department of the Environment, of any land on or in which there is, to the knowledge of the Department, any historic monument or archaeological object.\n(2) In this paragraph “historic monument” and “archaeological object” have the same meanings as in the Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995 (NI 9).\n\nCompulsory acquisition: powers of entry\n5—(1) The powers of entry conferred by section 32 are exercisable in relation to any land—\n(a) for the purpose of surveying or examining the land in order to ascertain whether it ought to be acquired by the Department under section 5; or\n(b) in connection with any claim for compensation in respect of any such acquisition.\n(2) The power to survey land conferred by sub-paragraph (1) includes power—\n(a) to ascertain or fix boundaries;\n(b) to search and bore for the purposes of ascertaining the course of any sewers or drains or ascertaining the nature of the subsoil; and\n(c) to take and carry away, for the purpose of examination, specimens of the subsoil.\nSection 38.\n\nSCHEDULE 2REPEALS\nShort Title                                                                       Extent of repeal\nThe Game Preservation Act (Northern Ireland) 1928 (c. 25)                         Section 7A(3)(a).\nThe Forestry Act (Northern Ireland) 1953 (c. 2)                                   The whole Act.\nThe Administrative and Financial Provisions Act (Northern Ireland) 1956 (c. 17)   Section 13.\nThe Financial Provisions Act (Northern Ireland) 1971 (c. 6)                       In Schedules 1 and 2, the entries relating to the Forestry Act (Northern Ireland) 1953.\nThe Agriculture (Miscellaneous Provisions) (Northern Ireland) Order 1977 (NI 12)  Article 7.\n                                                                                  In Schedules 1 and 2, the entries relating to the Forestry Act (Northern Ireland) 1953.\nThe Agriculture (Miscellaneous Provisions) (Northern Ireland) Order 1984 (NI 2)   Article 20.\nThe Game Preservation (Amendment) Act (Northern Ireland) 2002 (c. 2)              Section 2(2) and (3).","title":""}
{"_id":"text_ukpga_Vict_50-51_42","text":"[16th September 1887]\n\n1 Short title.\nThis Act may be cited as the Public Libraries Consolidation (Scotland) Act 1887, and shall apply to Scotland only.\n\n2 Interpretation.\nIn this Act, except where the context otherwise requires, “library authority” and “museum and art gallery authority”, for the purposes of this Act, mean a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and “area”, in relation to such an authority, shall be construed accordingly.\n\n3 Repeal.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . such repeal shall not invalidate or affect anything already done in pursuance of these Acts, or any of them, and all burghs and parishes in Scotland which before the passing of this Act have adopted the recited Acts shall thereafter be subject to the provisions of this Act: Provided always, that nothing in this Act contained shall prejudice or affect the provisions of the Edinburgh Public Library Assessment Act 1887.\n\n4—6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n7—9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n10 Lands, &c. may be appropriated, purchased, or rented.\nThe library authority or museum and art gallery authority, as the case may be, may from time to time . . . for the purposes of this Act . . . purchase, feu or rent any land, or any suitable building; and may . . . erect any building suitable for public libraries, public museums, and art galleries, or for any one or more of those objects, and may alter or extend any buildings for such purposes, and repair and improve the same respectively, and fit up, furnish, and supply the same respectively with all requisite furniture, fittings, and conveniences.\n\n11—13.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n15, 16.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n17—20.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n21 Powers of committee.\nThe library authority or museum and art gallery authority, as the case may be, shall manage, regulate, and control all libraries or museums or art galleries established under this Act, or to which this Act applies; and shall have power to do all things necessary for such management, including the following powers; that is to say,\n  * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n  * To purchase books, newspapers, reviews, magazines, and other periodicals, statutary, pictures, engravings, maps, specimens of art and science, gramophone records, tape recordings and films and such other articles and things as may be necessary for the establishment, increase, and use of the libraries or museums or art galleries under their control, and to do all things necessary for keeping the same in a proper state of preservation and repair:\n  * To provide from time to time the necessary fuel, lighting, and other matters:\n  * To sell or exchange any books, works of art, or other property of which there may be duplicates, provided that the money arising from such sale, and the property received in exchange shall be applied and held for the purposes of this Act:\n  * To provide suitable rooms in the libraries within which the books, periodicals, and newspapers may be read:\n  * To lend out, to inhabitants of the area of the authority the books of any library under their control, or such of them as they may consider proper; and at their discretion to grant the same privilege to the inmates of industrial schools, training ships, reformatories, barracks, and other similar institutions established for or in the area; and also to any person carrying on business within the limits of the area, or to any employee engaged in employment therein, although such person or employee . . . may not reside within such limits:\n  * To compile and print catalogues of all or any books, articles, and things in the libraries or museum or art galleries under their control, and reports of their proceedings, and to sell the same, the proceeds to be applied for the purposes of this Act.\n\n22 Power to committee to make byelaws.\nIt shall belawful for the library authority or museum and art gallery authority to make byelaws for regulating all or any matters and things whatsoever connected with the control, management, protection, and use of any property, articles, or things under their control for the purposes of this Act, and to impose such penalties for breaches of such byelaws, not exceeding five pounds for each offence, as may be considered expedient; and from time to time, as they shall think fit, to repeal, alter, vary, or re-enact any such byelaws, provided always that such byelaws and alterations thereof shall not be repugnant to the law of Scotland, . . . , and shall be approved of and confirmed by the sheriff exercising jurisdiction in the area of the authority: Provided also, that nothing herein contained shall preclude the library authority or museum and art gallery authority, as the case may be, from recovering the value of articles or things damaged, or the amount of the damage sustained, against all parties liable for the same.\n\n23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n24 Exhibition of byelaws and proposed byelaws.\nA copy of proposed byelaws and a copy of byelaws which have been made by a library authority or a museums and art gallery authority under section 22 of this Act shall be put up in some conspicuous place in each of the libraries, or, as the case may be, the museums or art galleries, of the authority.\n\n25—27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n28 Recovery of penalties and forfeitures.\nAll penalties and forfeitures exigible under this Act, and the Acts incorporated wholly or partially herewith, or under any byelaw made in pursuance thereof, may be recovered by an ordinary small-debt action in the name of the library authority or museum and art gallery authority, as the case may be, before either the sheriff or justices exercising jurisdiction in the area of the authority; and the same shall be payable to the library authority or museum and art gallery authority and shall, when recovered, be applied by them for the purposes of this Act; and in any prosecution under this Act an excerpt from the books of the library authority or museum and art gallery authority certified by the . . . proper officer, shall be held equivalent to the books of the library authority or museum and art gallery authority, and all entries in the books of the library authority or museum and art gallery authority bearing that any book or books mentioned or referred to therein has or have been borrowed by the person complained against shall be taken and received as evidence of the fact, and the onus probandi shall be thrown on the party complained against, and if decree passes against such party, he shall be found liable in costs.\n\n29, 30.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n31 Power to add to institutions established.\nWhere any of the following institutions, namely, a public library, a public museum, a school for science and art, a school for science, a school for art, or an art gallery has been established under any Public Library Act in force for the time being, or under this Act, there may at any time be established, in connexion therewith, any other of the said institutions without further proceedings being taken for the adoption of this Act.\n\n32 Libraries, &c. to be free.\nAll libraries, museums, or art galleries established under this Act, or to which this Act applies, shall be open to the public free of charge, and no charge shall be made for the use of books or magazines issued for home reading.\n\nSCHEDULES (A) (B)\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .","title":""}
{"_id":"text_ukpga_1963_41","text":"[31st July 1963]\n\nScope of Act\n\n1 Premises to which this Act applies.\n(1) The premises to which this Act applies are office premises, shop premises and railway premises, being (in each case) premises in the case of which persons are employed to work therein.\n(2) In this Act—\n(a)“office premises” means a building or part of a building, being a building or part the sole or principal use of which is as an office or for office purposes;\n(b)“office purposes” includes the purposes of administration, clerical work, handling money and telephone and telegraph operating; and\n(c)“clerical work” includes writing, book-keeping, sorting papers, filing, typing, duplicating, machine calculating, drawing and the editorial preparation of matter for publication;\nand for the purposes of this Act premises occupied together with office premises for the purposes of the activities there carried on shall be treated as forming part of the office premises.\n(3) In this Act—\n(a)“shop premises” means—\n(i) a shop;\n(ii) a building or part of a building, being a building or part which is not a shop but of which the sole or principal use is the carrying on there of retail trade or business;\n(iii) a building occupied by a wholesale dealer or merchant where goods are kept for sale wholesale or a part of a building so occupied where goods are so kept, but not including a warehouse belonging to the owners, trustees or conservators of a dock, wharf or quay;\n(iv) a building to which members of the public are invited to resort for the purpose of delivering there goods for repair or other treatment or of themselves there carrying out repairs to, or other treatment of, goods, or a part of a building to which members of the public are invited to resort for that purpose;\n(v) any premises (in this Act referred to as “fuel storage premises”) occupied for the purpose of a trade or business which consists of, or includes, the sale of solid fuel, being premises used for the storage of such fuel intended to be sold in the course of that trade or business, but not including dock storage premises or colliery storage premises;\n(b)“retail trade or business” includes the sale to members of the public of food or drink for immediate consumption, retail sales by auction and the business of lending books or periodicals for the purpose of gain;\n(c)“solid fuel” means coal, coke and any solid fuel derived from coal or of which coal or coke is a constituent;\n(d)“dock storage premises” means fuel storage premises which constitute or are comprised in premises to which certain provisions of the Factories Act 1961 apply by virtue of section 125(1) (docks, etc.) of that Act; and\n(e)“colliery storage premises” means fuel storage premises which form part of premises which, for the purposes of the Mines and Quarries Act 1954, form part of a mine or quarry, other than premises where persons are regularly employed to work by a person other than the owner (as defined by that Act) of the mine or quarry;\nand for the purposes of this Act premises occupied together with a shop or with a building or part of a building falling within sub-paragraph (ii), (iii) or (iv) of paragraph (a) above for the purposes of the trade or business carried on in the shop or, as the case may be, the building or part of a building, shall be treated as forming part of the shop or, as the case may be, of the building or part of the building, and premises occupied together with fuel storage premises for the purposes of the activities there carried on (not being office premises) shall be treated as forming part of the fuel storage premises, but for the purposes of this Act office premises comprised in fuel storage premises shall be deemed not to form part of the last-mentioned premises.\n(4) In this Act “railway premises” means a building occupied by railway undertakers for the purposes of the railway undertaking carried on by them and situate in the immediate vicinity of the permanent way or a part (so occupied) of a building so situate, but does not include—\n(a) office or shop premises;\n(b) premises used for the provision of living accommodation for persons employed in the undertaking, or hotels; or\n(c) premises wherein are carried on such processes or operations as are mentioned in section 123(1) (electrical stations) of the Factories Act 1961 and for such supply as is therein mentioned.\n(5) For the purposes of this Act premises maintained in conjunction with office, shop or railway premises for the purpose of the sale or supply for immediate consumption of food or drink wholly or mainly to persons employed to work in the premises in conjunction with which they are maintained shall, if they neither form part of those premises nor are required by the foregoing provisions of this section to be treated as forming part of them, be treated for the purposes of this Act as premises of the class within which fall the premises in conjunction with which they are maintained.\n\n2 Exception for premises in which only employer’s relatives or outworkers work.\n(1) This Act shall not apply to any premises to which it would, apart from this subsection, apply, if none of the persons employed to work in the premises is other than the husband, wife , civil partner, parent, grandparent, son, daughter, grandchild, brother or sister of the person by whom they are so employed.\n(2) A dwelling shall not, for the purposes of this Act, be taken to constitute or comprise premises to which this Act applies by reason only that a person dwelling there who is employed by a person who does not so dwell does there the work that he is employed to do in compliance with a term of his contract of service that he shall do it there.\n\n3 Exception for premises where only 21 manhours weekly normally worked.\n(1) This Act shall not apply to any premises to which it would, apart from this subsection, apply, if the period of time worked there during each week does not normally exceed twenty-one hours.\n(2) For the purposes of this section the period of time worked in any premises shall be deemed to be—\n(a) as regards a week in which one person only is employed to work in the premises, the period of time worked by him there;\n(b) as regards a week in which two persons or more are so employed, the sum of the periods of time for which respectively those persons work there.\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nHealth, Safety and Welfare of Employees (General Provisions)\n\n4 Cleanliness.\n(1) All premises to which this Act applies, and all furniture, furnishings and fittings in such premises shall be kept in a clean state.\n(2) No dirt or refuse shall be allowed to accumulate in any part of premises to which this Act applies in which work, or through which pass, any of the persons employed to work in the premises; and the floors of, and any steps comprised in, any such part as aforesaid shall be cleaned not less than once a week by washing or, if it is effective and suitable, by sweeping or other method.\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4) Subsection (2) of this section shall not be construed as being in derogation of the general obligation imposed by subsection (1) of this section.\n(5) Nothing in this section or in regulations thereunder shall apply to fuel storage premises which are wholly in the open, and, in the case of such premises which are partly in the open, so much of them as is in the open shall, for the purposes of this section and of such regulations, be treated as not forming part of the premises.\n\n5 Overcrowding.\n(1) No room comprised in, or constituting, premises to which this Act applies shall, while work is going on therein, be so overcrowded as to cause risk of injury to the health of persons working therein; and in determining, for the purposes of this subsection, whether any such room is so overcrowded as aforesaid, regard shall be had (amongst other things) not only to the number of persons who may be expected to be working in the room at any time but also to the space in the room occupied by furniture, furnishings, fittings, machinery, plant, equipment, appliances and other things (whether similar to any of those aforesaid or not).\n(2) The number of persons habitually employed at a time to work in such a room as aforesaid shall not be such that the quotient derived by dividing by that number the number which expresses in square metres the area of the surface of the floor of the room is less than 3.7 or the quotient derived by dividing by the first-mentioned number the number which expresses in cubic metres the capacity of the room is less than 11.\n(3) Subsection (2) of this section—\n(a) shall not prejudice the general obligation imposed by subsection (1) thereof;\n(b) shall not apply to a room to which members of the public are invited to resort; and\n(c) shall not, in the case of a room comprised in, or constituting, premises of any class (being a room which at the passing of this Act is comprised in, or constitutes, premises to which this Act applies), have effect until the expiration of the period of three years beginning with the day on which the said subsection (1) comes into force as respects premises of that class.\n\n6 Temperature.\n(1) Effective provision shall be made for securing and maintaining a reasonable temperature in every room comprised in, or constituting, premises to which this Act applies, being a room in which persons are employed to work otherwise than for short periods, but no method shall be used which results in the escape into the air of any such room of any fume of such a character and to such extent as to be likely to be injurious or offensive to persons working therein.\n(2) Where a substantial proportion of the work done in a room to which the foregoing subsection applies does not involve severe physical effort, a temperature of less than 16 degrees Celsius shall not be deemed, after the first hour, to be a reasonable temperature while work is going on.\n(3) The foregoing subsections shall not apply—\n(a) to a room which comprises, or is comprised in or constitutes, office premises, being a room to which members of the public are invited to resort, and in which the maintenance of a reasonable temperature is not reasonably practicable; or\n(b) to a room which comprises, or is comprised in or constitutes, shop or railway premises, being a room in which the maintenance of a reasonable temperature is not reasonably practicable or would cause deterioration of goods;\nbut there shall be provided for persons who are employed to work in a room to which, but for the foregoing provisions of this subsection, subsection (1) of this section would apply, conveniently accessible and effective means of enabling them to warm themselves.\n(4) In premises to which this Act applies there shall, on each floor on which there is a room to which subsection (1) of this section applies, be provided in a conspicuous place and in such a position as to be easily seen by the persons employed to work in the premises on that floor a thermometer of a kind suitable for enabling the temperature in any such room on that floor to be readily determined; and a thermometer provided in pursuance of this subsection shall be kept available for use by those persons for that purpose.\n(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(6) It shall be the duty of the employer of persons for whom means of enabling them to warm themselves are provided in pursuance of subsection (3) of this section to afford them reasonable opportunities for using those means, and if he fails so to do he shall be guilty of an offence.\n(7) In this section “fume” includes gas or vapour.\n\n7 Ventilation.\n(1) Effective and suitable provision shall be made for securing and maintaining, by the circulation of adequate supplies of fresh or artificially purified air, the ventilation of every room comprised in, or constituting, premises to which this Act applies, being a room in which persons are employed to work.\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n8 Lighting.\n(1) Effective provision shall be made for securing and maintaining, in every part of premises to which this Act applies in which persons are working or passing, sufficient and suitable lighting, whether natural or artificial.\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3) All glazed windows and skylights used for the lighting of any part of premises to which this Act applies in which work, or through which pass, any of the persons employed to work in the premises shall, so far as reasonably practicable, be kept clean on both the inner and outer surfaces and free from obstruction; but this subsection shall not affect the white-washing or shading of windows or skylights for the purpose of mitigating heat or glare.\n(4) All apparatus installed at premises to which this Act applies for producing artificial lighting thereat in parts in which the securing of lighting is required by this section to be provided for shall be properly maintained.\n\n9 Sanitary conveniences.\n(1) There shall, in the case of premises to which this Act applies, be provided, at places conveniently accessible to the persons employed to work in the premises, suitable and sufficient sanitary conveniences for their use.\n(2) Conveniences provided in pursuance of the foregoing subsection shall be kept clean and properly maintained and effective provision shall be made for lighting and ventilating them.\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(5) Subsection (1) of this section shall be deemed to be complied with in relation to any premises as regards any period during which there are in operation arrangements for enabling the persons employed to work in the premises to have the use of sanitary conveniences provided for the use of others, being conveniences whose provision would have constituted compliance with that subsection had they been provided in pursuance thereof for the first-mentioned persons and with respect to which the requirements of subsection (2) of this section are satisfied.\n(6)... section 45 of the Public Health Act 1936 ... ... (which relates to the provision and repair of sanitary conveniences for factories, &c.) shall not apply to premises to which this Act applies.\n\n10 Washing facilities.\n(1) There shall, in the case of premises to which this Act applies, be provided, at places conveniently accessible to the persons employed to work in the premises, suitable and sufficient washing facilities, including a supply of clean, running hot and cold or warm water and, in addition, soap and clean towels or other suitable means of cleaning or drying.\n(2) Every place where facilities are provided in pursuance of this section shall be provided with effective means of lighting it and be kept clean and in orderly condition, and all apparatus therein for the purpose of washing or drying shall be kept clean and be properly maintained.\n(3),(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(5) Subsection (1) of this section shall be deemed to be complied with in relation to any premises as regards any period during which there are in operation arrangements for enabling the persons employed to work in the premises to have the use of washing facilities provided for the use of others, being facilities whose provision would have constituted compliance with that subsection had they been provided in pursuance thereof for the first-mentioned persons and which are provided at a place with respect to which the requirements of subsection (2) of this section are satisfied.\n\n11 Supply of drinking water.\n(1) There shall, in the case of premises to which this Act applies, be provided and maintained, at suitable places conveniently accessible to the persons employed to work in the premises, an adequate supply of wholesome drinking water.\n(2) Where a supply of water provided at a place in pursuance of the foregoing subsection is not piped, it must be contained in suitable vessels and must be renewed at least daily; and all practicable steps must be taken to preserve it and the vessels in which it is contained from contamination.\n(3) Where water a supply of which is provided in pursuance of this section is delivered otherwise than in a jet from which persons can conveniently drink, there shall either—\n(a) be provided, and be renewed so often as occasion requires, a supply of drinking vessels of a kind designed to be discarded after use; or\n(b) be provided a sufficient number of drinking vessels of a kind other than as aforesaid, together with facilities for rinsing them in clean water.\n(4) Subsection (1) of this section shall be deemed to be complied with in relation to any premises as regards any period during which there are in operation arrangements for enabling the persons employed to work in the premises to avail themselves of a supply of drinking water provided and maintained for the use of others, being a supply whose provision and maintenance would have constituted compliance with that subsection had it been provided and maintained for the use of the first-mentioned persons, and—\n(a) where the supply provided is not piped, the requirements of subsection (2) of this section are satisfied as respects it and the vessels in which it is contained; and\n(b) where the water supplied is delivered as mentioned in subsection (3) of this section, the requirements of that subsection are satisfied.\n\n12 Accommodation for clothing.\n(1) There shall, in the case of premises to which this Act applies,—\n(a) be made, at suitable places, suitable and sufficient provision for enabling such of the clothing of the persons employed to work in the premises as is not worn by them during working hours to be hung up or otherwise accommodated; and\n(b) be made, for drying that clothing, such arrangements as are reasonably practicable or, if a standard of arrangements for drying that clothing is prescribed, such arrangements as conform to that standard.\n(2) Where persons are employed to do such work in premises to which this Act applies as necessitates the wearing of special clothing, and they do not take that clothing home, there shall, in the case of those premises,—\n(a) be made, at suitable places, suitable and sufficient provision for enabling that clothing to be hung up or otherwise accommodated; and\n(b) be made, for drying that clothing, such arrangements as are reasonably practicable or, if a standard of arrangements for drying that clothing is prescribed, such arrangements as conform to that standard.\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n13 Sitting facilities.\n(1) Where persons who are employed to work in office, shop or railway premises have, in the course of their work, reasonable opportunities for sitting without detriment to it, there shall be provided for their use, at suitable places conveniently accessible to them, suitable facilities for sitting sufficient to enable them to take advantage of those opportunities.\n(2) Where persons are employed to work in a room which comprises, or is comprised in or constitutes, shop premises, being a room whereto customers are invited to resort, and have in the course of their work, reasonable opportunities for sitting without detriment to it, facilities provided for their use in pursuance of subsection (1) of this section shall be deemed not to be sufficient if the number of seats provided and the number of the persons employed are in less ratio than 1 to 3.\n(3) It shall be the duty of the employer of persons for whose use facilities are provided in pursuance of the foregoing provisions of this section to permit them to use them whenever the use thereof does not interfere with their work, and if he fails so to do he shall be guilty of an offence.\n\n14 Seats for sedentary work.\n(1) Without prejudice to the general obligation imposed by the last foregoing section, where any work done in any premises to which this Act applies is of such a kind that it (or a substantial part of it) can, or must, be done sitting, there shall be provided for each person employed to do it there a seat of a design, construction and dimenstions suitable for him and it, together with a foot-rest on which he can readily and comfortably support his feet if he cannot do so without one.\n(2) A seat provided in pursuance of the foregoing subsection, and a foot-rest so provided that does not form part of a seat, must be adequately and properly supported while in use for the purpose for which it is provided.\n(3) For the purpose of subsection (1) of this section, the dimensions of an adjustable seat shall be taken to be its dimensions as for the time being adjusted.\n\n15 Eating facilities.\nWhere persons employed to work in shop premises eat meals there, suitable and sufficient facilities for eating them shall be provided.]\n\n16 Floors, passages and stairs.\n(1) All floors, stairs, steps, passages and gangways comprised in premises to which this Act applies shall be of sound construction and properly maintained and shall, so far as is reasonably practicable, be kept free from obstruction and from any substance likely to cause persons to slip.\n(2) For every staircase comprised in such premises as aforesaid, a substantial hand-rail or hand-hold shall be provided and maintained, which, if the staircase has an open side, shall be on that side; and in the case of a staircase having two open sides or of a staircase which, owing to the nature of its construction or the condition of the surface of the steps or other special circumstances, is specially liable to cause accidents, such a hand-rail or hand-hold shall be provided and maintained on both sides.\n(3) Any open side of a staircase to which the last foregoing subsection applies, shall also be guarded by the provision and maintenance of efficient means of preventing any person from accidentally falling through the space between the hand-rail or hand-hold and the steps of the staircase.\n(4) All openings in floors comprised in premises to which this Act applies shall be securely fenced, except in so far as the nature of the work renders such fencing impracticable.\n(5) The foregoing provisions of this section shall not apply to any such part of any fuel storage premises as is in the open, but in relation to any such part the following provisions shall have effect, namely,—\n(a) the surface of the ground shall be kept in good repair;\n(b) all steps and platforms shall be of sound construction and properly maintained;\n(c) all openings in platforms shall be securely fenced, except in so far as the nature of the work renders such fencing impracticable.\n\n17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n20—22.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n25, 26.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n27\n(1)(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n28—41.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nSpecial Provisions with respect to Buildings whereof Parts are Office, &c., Premises and with respect to certain contiguous Fuel Storage Premises\n\n42 Provisions with respect to buildings in single ownership.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n43 Provisions with respect to buildings plurally owned.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n44 Provisions with respect to contiguous fuel storage premises in single ownership.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nExemptions\n\n45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n46 Power of authorities who enforce Act to grant exemptions from certain requirements thereof.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nInformation\n\n49 Notification of fact of employment of persons.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nEnforcement\n\n52 Authorities who are to enforce Act.\n(1)—(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(6)(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n56—58.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n59 Restriction of disclosure of information.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n59A.Exception to restriction: public authorities\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n60\n(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n61, 62.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nOffences, Penalties and legal Proceedings\n\n63 Offences.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n65, 66.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n67 Defence available to persons charged with offences.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n69 Removal or defacement of documents posted in pursuance of Act or regulations under it.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n70\n(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(2)—(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n71\n(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n72 Appeal from orders made on complaint.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n73 Power of county court and sheriff to modify agreements and apportion expenses.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nAmendments of other Acts\n\n74 Amendment of sections 123(1) and 124(1) of Factories Act 1961, and provisions consequential thereon.\n(1) For the purposes of section 123(1) (application of Act to electrical stations) of the Factories Act 1961, office premises to which this Act applies which are comprised in premises to which that subsection applies shall, notwithstanding that they are so comprised, be deemed not to form part of the premises.\n(2)—(4).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n75 Amendment of section 125(1) of Factories Act 1961, and provisions consequential thereon.\n(1) For the purposes of section 125(1) (docks, etc.) of the Factories Act 1961, office premises to which this Act applies which are comprised in premises to which that subsection applies shall, notwithstanding that they are so comprised, be deemed not to form part of the premises.\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3) The reference in the said section 125(1) to a warehouse in or for the purposes of which mechanical power is used, being a warehouse neither forming part of a factory nor belonging to the owners, trustees or conservators of a dock, wharf or quay, shall be construed as not including a building occupied by a wholesale dealer or merchant where goods are kept for sale wholesale or a part of a building so occupied where goods are so kept.\n\n76 Amendment of Public Health Act 1936.\n(1),(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n78 Provision for securing exercise of local Act powers in conformity with this Act.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nGeneral Provisions\n\n79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n80 Regulations and orders.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n82 Expenses and receipts.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n83 Application to the Crown.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n84 Exclusion of application to visiting forces.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n85 Exclusion of application to factories, to certain fish sale-rooms and to parts below ground of mines.\n(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . nothing in this Act shall apply to any premises which, for the purposes of the Factories Act 1961, form part of a factory.\n(2) With the exception of section 75(3) of this Act, nothing in this Act shall apply to any premises which, not being office premises, are used for the sale of fish by wholesale and constitute, or are comprised in, premises to which certain provisions of the Factories Act 1961 apply by virtue of section 125(1) (docks, etc.) of that Act.\n(3) Nothing in this Act shall apply to any part below ground of premises which, for the purposes of the Mines and Quarries Act 1954, are a mine.\n\n86 Exclusion of application to premises occupied for transitory purposes.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nProvisions with respect to Northern Ireland, Isles of Scilly and Inner and Middle Temples\n\n87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n88 Application to Isles of Scilly.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nInterpretaion\n\n90 Interpretation\n(1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—\n  * except in section 1(4) of this Act, “building” includes structure;\n  * “contravention” includes, in relation to a provision of this Act or of regulations thereunder, a failure to comply with the provision, and the expression “contravene” shall be construed accordingly;\n  * “employed” means employed under a contract of service or apprenticeship (whether oral or in writing, express or implied);\n  * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n  * “fish” includes molluscs and crustaceans;\n  * “fuel storage premises” has the meaning assigned to it by section 1(3)(a)(v) of this Act;\n  * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n  * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n  * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n  * “the Minister” means the Secretary of State;\n  * “notice” means a notice in writing;\n  * “office premises” has the meaning assigned to it by section 1(2) of this Act;\n  * “owner”—\n    (a) as respects England and Wales, means the person for the time being receiving the rackrent of the premises, building or part of a building in connection with which the word is used, whether on his own account or as agent or trustee for another person, or who would so receive the rackrent if the premises, building or part were let at a rackrent, and\n    (b) as respects Scotland, means the person for the time entitled to receive or who would, if the same were let, be entitled to receive, the rents of the premises, building or part of a building in connection with which the word is used and includes a trustee, factor, or person entitled to act as legal representative of a person under disability by reason of nonage or mental or other incapacity, and in the case of public or municipal property, applies to the persons to whom the management thereof is entrusted,\n    and “owned” and “ownership” shall be construed accordingly;\n  * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n  * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n  * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n  * “railway premises” has the meaning assigned to it by section 1(4) of this Act;\n  * “railway undertakers” means any persons authorised by an enactment or a provision of an order or scheme made under or confirmed by an Act to construct, work or carry on a railway;\n  * “shop premises” has the meaning assigned to it by section 1(3) of this Act;\n  * “week” means the period between midnight on Saturday night and midnight on the succeeding Saturday night.\n(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3) For the purposes of this Act—\n(a) persons employed by railway undertakers to do work the general control of the doing of which is exercised at railway premises, or at office premises occupied by the undertakers for the purposes of the railway undertaking carried on by them and situate in the immediate vicinity of the permanent way, shall be deemed to be employed to work in the premises at which the general control of the doing of their work is exercised notwithstanding that their work is in fact done elsewhere;\n(b) neither railway premises nor such office premises as aforesaid shall be taken to be premises in the case of which persons are employed to work therein by reason only of the fact that persons employed by the undertakers who occupy the premises resort to the premises for the purpose only of discharging duties whose discharge is incidental to the work that they are primarily employed to do.\n(4) For the purposes of this Act, any such person as follows shall be taken to be employed, namely,—\n(a) a person appointed under section 6 or 7 of the Registration Service Act 1953 who exercises and performs his powers and duties in premises provided and maintained by the council within whose area his district or sub-district is situate;\n(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(c) a member of a police force maintained by a local policing body or a police authority, or\n(d) a member of a police force seconded to the National Crime Agency to serve as a National Crime Agency officer.\n(5) The definition of a class of premises, rooms or persons for the purposes of any regulations or order under this Act may be framed by reference to any circumstances whatever.\n(6) Any reference in this Act to any other enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any subsequent enactment.\n\nShort Title, Commencement, Extent and Repeal\n\n91 Short title, commencement, extent and repeal.\n(1) This Act may be cited as the Offices, Shops and Railway Premises Act 1963.\n(2) This Act shall come into operation on such day as the Minister may by order appoint, and different days may be appointed for the coming into operation of different provisions, of a particular provision in relation to premises of different classes or of a particular provision for different purposes.\n(3) This Act shall not extend to Northern Ireland . . .\n(4) The enactments specified in columns 1 and 2 of Schedule 2 to this Act are hereby repealed to the extent respectively specified in relation thereto in column 3 of that Schedule.\n\nSCHEDULE 1\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\nSection 91","title":""}
{"_id":"text_ukpga_Eliz2_6-7_30","text":"[7th July 1958]\n\nTermination of certain powers under emergency legislation\n\n1 Revocation of certain Defence Regulations and termination of certain other powers.\n(1) The following Regulations of the Defence (General) Regulations, 1939, namely—\n  * Regulation 50 (power to do work on land);\n  * Regulation 51 (taking possession of land);\n  * Regulation 51A (power to work minerals);\n  * Regulation 52 (use of land for purposes of H.M. forces);\n  * Regulation 85 (entry upon, and inspection of, land),\nif and so far as they remain in force on the thirty-first day of December, nineteen hundred and fifty-eight, shall cease to have effect at the end of that day.\n(2) For the purposes of the Requisitioned Land and War Works Act, 1945, the war period (except for any purposes of that Act for which that period has come to an end before the passing of this Act) shall end with the said thirty-first day of December.\n(3) . . .\n\nFacilities for manoeuvres\n\n2 Orders in Council authorising manoeuvres.\n(1)—(4).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(5) The said Acts of 1897 and 1911 shall cease to extend to Northern Ireland, and accordingly section nine of the said Act of 1897 is hereby repealed.\n(6).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n3—5.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nOccasional use of land for defence training purposes\n\n6 Power to require use of land for limited training purposes.\n(1) Subject to the provisions of Part I of the Second Schedule to this Act, a Secretary of State . . . may by order direct that any land specified in the order shall, during such period of twelve months as may be so specified, be subject to occasional use under the authority of the Minister making the order for any one or more of the following purposes so specified, that is to say—\n(a) the encampment of persons in transit to or from a training area;\n(b) the carrying out of signalling exercises;\n(c) in the case of land consisting of or including cliffs on the seashore, the carrying out of cliff assault exercises;\n(d) the affording of access to and from other land which by virtue of that or another order under this section is subject to occasional use for one or more of the foregoing purposes:\nProvided that an order under this section shall not be made for the occasional use of the whole or any part of the same land during the whole or any part of the same period as is specified in any other such order.\n(2) Subject to the two next following subsections, where an order is in force under this section in respect of any land, any persons authorised for the purpose by the Minister by whom the order was made may—\n(a) at any time within the period specified in the order, enter upon that land, with or without equipment, for the purposes specified in the order in relation to that land and make use of the land, and carry out any work on, over or below the surface of the land, for those purposes;\n(b) at any time before or during the period specified in the order, display notices on that land with respect to the exercises or operations to be carried out thereon and make other preparations on that land for those exercises or operations, and for that purpose enter upon the land, with or without equipment.\n(3) The powers conferred by the last foregoing subsection shall not be exercisable unless, not less than fourteen days before the time at which entry is to be made on any land in pursuance thereof, the Minister by whom the order in question was made has given notice of the intended entry to any occupier of that land or any part thereof, specifying in the notice the period, not exceeding a continuous period of seventy-two hours, during which those powers are to be exercisable by virtue of the notice; and notice for the purposes of paragraph (a) of that subsection shall not be given—\n(a) more than six times during the period specified in the order; or\n(b) so as to expire less than twenty-one days after the expiration of the period specified in a previous notice given for the purposes of that paragraph;\nand the powers conferred by the last foregoing subsection shall not be exercisable in respect of any period during which the use for the time being for defence training purposes of the land in question is the subject of a manoeuvres Order.\n(4) Nothing in subsection (2) of this section shall authorise any person—\n(a) to enter upon any land or premises which would be exempted from entry by virtue of paragraph (1) of the proviso to section two of the Military Manoeuvres Act, 1897, if the order under this section were a manoeuvres Order; or\n(b) to injure or deface any monument which is included in the Schedule compiled and maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979 . . . ;\nbut the powers conferred by the said subsection (2) shall be exercisable notwithstanding any other restriction affecting the use of the land in question.\n(5) The provisions of subsections (1), (3) and (4) of section six and section seven of the Military Manoeuvres Act, 1897 (which relate to compensation and penalties for obstruction) shall apply for the purposes of this section as if any reference in those provisions—\n(a) to a manoeuvres Order were a reference to an order under this section;\n(b) to the said Act of 1897 were a reference to this section;\n(c) to authorised forces were a reference to persons authorised under subsection (2) of this section;\n(d) to the execution, or to the purposes, of the manoeuvres were a reference to the exercise, or, as the case may be, to the purposes, of any rights conferred by virtue of this section;\n(e) to the commission or to the compensation officer were a reference to the Minister by whom the order under this section in question was made.\n(6) For the purposes of this section—\n  * “encampment” includes operations incidental to encampment (including the taking of water for use by persons or animals or in mechanically-propelled vehicles) and the carrying out of training exercises in the defence of the camp and operations incidental to such exercises;\n  * “equipment” (without prejudice to the generality of that expression) includes weapons, vehicles, aircraft and animals;\n  * “training area” means any area for the time being available for use for the training of Her Majesty’s forces;\n  * “signalling exercises” includes operations incidental to such exercises, including the erection of poles and the laying of wires and cables on or over land.\n\nUse of sea areas for defence purposes\n\n7 Power to make byelaws over sea areas.\nWhere in the case of any area of sea, tidal water or shore used or to be used for defence purposes by . . . a Secretary of State, . . . being an area lying wholly or partly within the limits of the territorial waters of the United Kingdom, it appears to that Minister to be necessary or expedient to make provision for regulating the use of that area for those purposes or for securing the public against danger arising from that use, the powers conferred by subsection (2) of section two of the Military Lands Act, 1900 (which enables byelaws to be made in relation to such areas where they abut on, or are subject to rifle or artillery practice from, land appropriated or used for defence purposes) shall be exercisable in relation to the area in question whether or not it abuts on or is subject to such practice from any such land.\n\nStopping up and diversion of highways\n\n8 Stopping up and diversion of highways.\n(1) The powers conferred on the Minister of Transport and Civil Aviation by section forty-nine of the Town and Country Planning Act, 1947 (which empowers that Minister to authorise by order the stopping up or diversion of a highway where he is satisfied that it is necessary to do so to enable land to be developed) shall also be exercisable where—\n(a) land is, or is to be, used by a Secretary of State, . . . for the purposes of an installation provided or to be provided for defence purposes, or is used by a manufacturer of aircraft as an airfield wholly or mainly in connection with the manufacture of aircraft for defence purposes; and\n(b) the Minister of Transport and Civil Aviation is satisfied that, for the land to be so used efficiently without danger to the public, it is necessary that a highway should be stopped up or diverted.\n(2) Where, in the circumstances specified in paragraphs (a) and (b) of the foregoing subsection, it appears to the Minister of Transport and Civil Aviation that it is not necessary that the highway should be stopped up or diverted for more than a limited period, an order under the said section forty-nine, including an order made by virtue of subsection (7) of that section (which authorises the stopping up or diversion of a highway temporarily stopped up or diverted under any other enactment) instead of providing for the permanent stopping up or diversion of the highway may provide for its stopping up or diversion during such period as may be prescribed by or under the order and for its restoration at the expiration of that period:\nProvided that, for the purposes of any subsequent order by virtue of the said subsection (7), any order made by virtue of the foregoing provisions of this subsection shall be regarded as having been made otherwise than under the said section forty-nine.\n(3) Any order made by virtue of the last foregoing subsection which provides for the provision of another highway in substitution for a highway stopped up by the order may also contain such provisions as appear to the Minister of Transport and Civil Aviation to be expedient for the stopping up, at the expiration of the period prescribed by or under the order, of that other highway and for the original highway to be reconstructed at the expense of such of the Ministers referred to in paragraph (a) of subsection (1) of this section as may be specified in the order and thereafter maintained by any person who would for the time being have been liable for its maintenance if it had never been stopped up.\n(4).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(5) In the application of this section to Scotland, for references to the Minister of Transport and Civil Aviation, to the Town and Country Planning Act, 1947, and to section forty-nine of that Act there shall be substituted respectively references to the Secretary of State, to the Town and Country Planning (Scotland) Act, 1947, and to section forty-six of that Act.\n(6) In the application of this Act to Northern Ireland, the provisions of the Third Schedule to this Act shall have effect in lieu of the foregoing provisions of this section.\n\n9 Supplementary provisions with respect to stopping up and diversion of highways.\n(1) The powers to make orders conferred on the Minister of Transport and Civil Aviation—\n(a) by section fifteen of the Requisitioned Land and War Works Act, 1945, with respect to the permanent stopping up or diversion of a highway which has been stopped up or diverted in the exercise of emergency powers or as respects which a Minister has certified as mentioned in subsection (1) of section three of the Requisitioned Land and War Works Act, 1948; and\n(b) by section sixteen of the said Act of 1945 with respect to the use and maintenance until other provision is made by or under any Act of certain works placed along, across, over or under a highway in the exercise of emergency powers or for war purposes,\nshall include power to vary or revoke any previous order made under the section in question; and subsection (1) of section twenty of the said Act of 1945 (which restricts the period during which orders may be made under the said section fifteen or sixteen) shall not apply to any order so far as it is made by virtue of this subsection.\n(2) Where on the thirty-first day of December, nineteen hundred and sixty—\n(a) an order under the said section fifteen provides for the permanent stopping up or diversion of a highway conditionally upon the completion of the diversion or of the provision or improvement of another highway in substitution for the original highway; and\n(b) that condition has not been satisfied; and\n(c) by virtue of the foregoing subsection, proposals for the variation of that order have been published in accordance with the provisions of Part III of the said Act of 1945,\nthe prevention of the exercise of the right to use that highway may be continued pending the coming into operation of an order made in pursuance of the said proposals or, if those proposals are abandoned, whether by reason of an adverse report of the War Works Commission or otherwise, until six months after the abandonment.\n(3) Any person authorised in that behalf by the Minister of Transport and Civil Aviation or a local authority may enter on any land for the purpose of surveying it in connection with, or with proposals for, the diversion, provision or improvement of any highway by virtue of an order under the said section fifteen, and the provisions of the Fourth Schedule to this Act shall have effect in relation to the powers conferred by this subsection.\nIn this subsection and in the said Fourth Schedule the expression “local authority” means the council of a county, borough or urban district or, in relation to Scotland, a county or town council.\n(4) In the following provisions, in their application to Scotland, that is to say—\n(a) this and the last foregoing section;\n(b) sections fifteen and sixteen of the said Act of 1945;\n(c) section twenty-eight of the Civil Aviation Act, 1949;\n(d) section two of the Supplies and Services (Defence Purposes) Act, 1951; and\n(e) section thirty-two of the Mineral Workings Act, 1951,\nand in section forty-six of the Town and Country Planning (Scotland) Act, 1947 (all of which provisions relate to the stopping up of highways) the expression “highway” shall be deemed to include any public right of way:\n(4) In section 8 of this Act and this section, in their application to Scotland, ’’highway’’ means a road within the meaning of the Roads (Scotland) Act 1984:\nProvided that nothing in this subsection shall authorise the imposition upon any person of responsibility for the provision, maintenance or management of any highway over which there is not a right of way for vehicles and for the repair and maintenance of which that person has not previously been under any liability.\n(5) In the application of this section to Scotland or to Northern Ireland, for references to the Minister of Transport and Civil Aviation there shall be substituted references to the Secretary of State.\n\nPrevention of interference with certain defence installations\n\n10 Prevention of obstruction of airfields.\n(1) Where any land is, or is to be, used by a Secretary of State as an airfield for defence purposes, and it appears to that Minister that any object of a description specified in the next following subsection which is situated within two miles of any part of the boundary of the airfield is in such a position, or of such a height, as to interfere or be likely to interfere with the safe and efficient use of the airfield for defence purposes, then, subject to the provisions of Part I of the Second Schedule to this Act, that Minister may by order require the occupier of the land on which that object is situated to take within such period (not being less than twenty-one days from the date when notice of the making of the order is served on that occupier) as may be specified in the order such action by way of removing, resiting or reducing the height of that object as may be so specified, or such other action as may be agreed between the Minister and the occupier, to prevent any such interference.\n(2) The said descriptions of objects are trees, hedges, fences, poles, masts, cables, wires, walls (other than a wall forming part of a roofed structure) and moveable structures.\n(3) If the person to whom an order under this section is directed fails to comply therewith within the period specified therein, the Minister who made the order may take the action specified in the order, and for that purpose any person authorised in that behalf by that Minister may enter upon any land upon which the person to whom the order is directed is entitled or permitted to enter; and paragraphs 1 and 2 of the Fourth Schedule to this Act shall apply for the purpose of the exercise of the powers conferred by this subsection.\n(4) Where notice of a Minister’s proposal to make an order under this section requiring the removal of a tree is served under paragraph 2 of the Second Schedule to this Act and—\n(a) the tree is situated on land used (otherwise than as woodlands) as agricultural land; and\n(b) the draft order does not require the tree to be removed in such manner as not to leave any stump; and\n(c) any person upon whom the said notice is required by the said paragraph 2 to be served duly makes an objection that, if the tree is to be removed, it should be removed in such manner as aforesaid, and that objection is not withdrawn; and\n(d) the person conducting the inquiry into that proposal under paragraph 4 of the said Second Schedule reports to the Minister that in his opinion it is desirable in the interests of good husbandry and reasonable in all the circumstances of the case that the objection should be met,\nthen, if the order as made requires the removal of that tree, it shall require its removal in such manner as aforesaid; and any Minister exercising the powers conferred by the last foregoing subsection for the purpose of causing any tree or hedge to be removed, lopped or cut shall issue instructions with a view to securing that the removal, lopping or cutting will be carried out in a woodmanlike manner, and so as to cause as little damage as possible to other trees or hedges and to fences and growing crops.\n(5) Subject to the next following subsection, the person to whom an order under this section is directed shall be entitled to compensation from the Minister who made the order in respect of any expenses reasonably incurred by that person in complying with the order or in selling or otherwise disposing of any materials under the next following subsection; and any person who, in consequence of the taking of any action required by the order, suffers loss by reason of damage to, or is disturbed in the enjoyment of, any land or chattels, or would, but for subsection (7) of this section, have been entitled to a remedy for the breach of a covenant or agreement prohibiting or restricting the taking of that action, shall be entitled to compensation from that Minister in respect of that damage or disturbance or in respect of the loss of that remedy; and if, in consequence of the order or of the taking of any action required thereby, any interest in land which comprises, or is held with, the land on which the object to which the order relates is situated, being an interest subsisting at the time when the order was made, is depreciated in value, there shall be payable by that Minister in respect of that interest compensation of an amount equal to the amount of the depreciation; and any dispute as to a right to compensation under this subsection or as to the amount thereof shall be determined by the appropriate tribunal.\n(6) Where any timber or other materials require disposal in consequence of the taking of any action required by an order under this section and—\n(a) that action was taken in compliance with the order by a person who is not entitled to those materials; or\n(b) that action was taken by a Minister under subsection (3) of this section,\nthat person may, or, in a case falling within paragraph (b) of this subsection, that Minister may, and if so required by the person to whom the order is directed shall, sell or otherwise dispose of any of those materials of which the person entitled thereto does not take possession within seven days from the completion of the action, and shall pay the proceeds of any such sale or disposal to the person so entitled; and any compensation in respect of the depreciation in the value of any interest in land falling to be paid to any person under the last foregoing subsection shall be reduced by—\n(i) the amount of any sum paid to that person in pursuance of this subsection; and\n(ii) an amount equal to the value of any such timber or other materials as aforesaid to which that person is entitled which are not sold or otherwise disposed of under this subsection.\n(7) The taking of any action required by an order under this section shall not subject any person to any liability by reason of any enactment, covenant or agreement prohibiting or restricting, the taking of that action.\n(8). . . .\n\n11 Prevention of interference with operation of electrical apparatus.\n(1) Where any land is, or is to be, used by a Secretary of State for the operation for defence purposes of any electrical apparatus for affording navigational aid to aircraft, or for communicating with, guiding or locating aircraft or missiles, and it appears to that Minister that any object of a description specified in the next following subsection which is situated within two miles of any part of the apparatus is in such a position, or of such a height, or is made of such materials, as to interfere with the efficient operation of the apparatus, then, subject to the provisions of Part I of the Second Schedule to this Act, that Minister may by order require the occupier of the land on which that object is situated to take within such period (not being less than twenty-one days from the date when notice of the making of the order is served on that occupier) as may be specified in the order such action by way of removing, replacing, resiting or reducing the height of that object as may be so specified, or such other action as may be agreed between that Minister and the occupier, to prevent any such interference.\n(2) The said descriptions of objects are—\n(a) objects of any of the descriptions specified in subsection (2) of the last foregoing section;\n(b) moveable objects made wholly or mainly of metal;\n(c) parts of buildings or structures, being parts made wholly or mainly of metal, which, without appreciably affecting the subsequent use of the building or structure in question, can be either removed or replaced by parts made of other materials.\n(3) Subsections (3) to (7) of the last foregoing section shall have effect for the purposes of this section as if any reference therein to that section were a reference to this section.\n\nStorage and transmission of oil\n\n12 Extension of provisions of Requisitioned Land and War Works Acts.\n(1) In the Requisitioned Land and War Works Acts, 1945 and 1948, the expression “government war works” shall include, and be deemed always to have included, any oil pipe-line or works accessory thereto laid, installed or constructed by or under the authority of a Minister—\n(a) in pursuance of Regulation 50 of the Defence (General) Regulations, 1939; or\n(b) in pursuance of an agreement in such circumstances that, if the agreement had not been made, the like pipe-line or works could have been laid, installed or constructed in pursuance of the said Regulation 50,\nand completed before the end of the year nineteen hundred and fifty-eight; and the expression “government oil pipe-line” in the said Act of 1948 and in any regulations made thereunder shall be construed accordingly.\n(2) In subsection (1) of section fourteen of the said Act of 1948 (which provides that, after the thirty-first day of December, nineteen hundred and forty-nine, section twelve of that Act shall not apply to any pipe-line or works accessory thereto unless the rights conferred by subsection (1) of the said section twelve have been registered in the local land charges register), for the words “forty-nine” there shall be substituted the word “sixty”.\n(3) In relation to any pipe-line or works accessory thereto with respect to which, at the date of the passing of this Act—\n(a) rights conferred as aforesaid have not been registered as aforesaid; and\n(b) no such evidence of endorsement of documents of title as is required by regulations made under subsection (2) of the said section fourteen has been produced in accordance with those regulations,\nthe date as from which the rights conferred by section thirteen of the said Act of 1948 (which relates to compensation) are to be substituted for the rights conferred by subsection (2) of section three of the Compensation (Defence) Act, 1939, shall be the date of the passing of this Act or the date of the completion of the pipe-line or works in question, whichever of those dates is the later, and accordingly, in relation to any such pipe-line or works—\n(i) subsection (2) of the said section thirteen shall apply as if the said section twelve had come into operation at the later of the dates aforesaid;\n(ii) in subsections (4) and (5) of the said section thirteen the references to the commencement of the said Act of 1948 shall be construed as references to the later of the dates aforesaid; and\n(iii) in subsection (6) of the said section thirteen, the reference to the exercise of the powers therein mentioned shall be construed as a reference to the exercise of those powers after the later of the dates aforesaid.\n(4) Where under any agreement made before the passing of this Act—\n(a) payments (whether referred to as compensation, rent or otherwise) are to be made in respect of a pipe-line or works to which the last foregoing subsection applies; and\n(b) any such payments become payable in respect of a period after the passing of this Act,\nthe right to those payments shall be taken to be in substitution for the right to any corresponding payment of compensation in respect of that period under section thirteen of the said Act of 1948.\n(5) In the application of this section to Scotland, for any reference to the registration of rights in the local land charges register there shall be substituted a reference to the recording in the appropriate register of sasines of a deed granting such rights.\n\n13 Acquisition of land for oil installations.\nThe Minister of Power may acquire by agreement, or, subject to the provisions of Part I of the Second Schedule to this Act, may by order provide that Part II of that Schedule shall have effect for the purpose of the acquisition by him of—\n(a) any land required for the construction of oil installations which in his opinion are essential for the defence of the realm;\n(b) any land on or under which there are oil installations which, immediately before the passing of this Act, were government war works for the purposes of Part II of the Requisitioned Land and War Works Act, 1945;\n(c) any easement over or right restrictive of the user of any other land, being an easement or right which in the opinion of that Minister is essential to the full enjoyment of any land on or under which such an oil installation as is mentioned in either of the two foregoing paragraphs is to be or has been constructed.\n\n14 Wayleave orders for oil pipe-lines and accessory works.\n(1) Subject to the provisions of Part I of the Second Schedule to this Act, a Minister specified in subsection (3) of this section may, for any purpose specified in relation to him in that subsection, by order (in this Act referred to as a “wayleave order”) and without further assurance vest in himself with respect to any land specified in the order the right—\n(a) in such positions (subject to any minor deviations found to be necessary or expedient) under or above the surface of that land, or partly under and partly above the surface thereof, as may be specified by the order, to carry out all or any of the following operations, that is to say—\n(i) the laying of an oil pipe-line;\n(ii) the installation or construction of such minor works accessory to an oil pipe-line, whether laid under that wayleave order or otherwise, as may be so specified,\nand from time to time maintain or remove any pipe-line or works so laid, installed or constructed;\n(b) to use any such pipe-line or works for any purpose appearing to that Minister to be expedient and not to be inconsistent with the purposes for which the order was made.\n(2) For the purposes of the foregoing subsection, the expression “minor works accessory to an oil pipe-line” shall include works so accessory of any of the following descriptions, that is to say—\n(a) manholes, inspection pits and similar works;\n(b) electrical apparatus for the operation or maintenance of an oil pipe-line, and electric lines (within the meaning of the Electricity Act 1989)) provided mainly for the purpose of supplying electricity to such apparatus;\n(c) markers for indicating the position of an oil pipe-line or of any such apparatus or electric line as is mentioned in the last foregoing paragraph, in so far as the pipe-line, apparatus or electric line is placed below the surface of the land;\n(d) stiles, bridges, gates or other works for affording access to an oil pipe-line.\n(3) The Ministers and purposes referred to in subsection (1) of this section are—\n(a) a Secretary of State . . . for defence purposes;\n(b) the Minister of Power, for the purpose of the provision and maintenance of facilities which in his opinion are essential for the defence of the realm;\n(c) any of the Ministers aforesaid, for the purpose of any diversion appearing to that Minister to be necessary or expedient of an oil pipe-line which—\n(i) is vested in or under the control of that Minister; and\n(ii) either is a government oil pipe-line within the meaning of the Requisitioned Land and War Works Act, 1948, or was laid under a wayleave order made by that Minister.\n\n15 Supplementary provisions as to wayleave orders.\n(1) Any person authorised in that behalf by the Minister by whom a wayleave order was made may, for the purpose of—\n(a) exercising any rights under the order; or\n(b) restoring land where a pipe-line or works laid, installed or constructed under the order are removed or abandoned; or\n(c) inspecting any land, pipe-line or works to which the order relates,\nenter upon any land of which that Minister is not in possession: and paragraphs 2 and 3 of the Fourth Schedule to this Act shall apply in relation to the powers conferred by this subsection:\nProvided that—\n(i) except in a case of emergency or for the purpose of inspection by a person producing, if required, written evidence of his authority so to do, entry upon any land shall not be demanded as of right unless not less than seven days’ notice in writing of the intended entry has been served on the occupier of the land;\n(ii) where otherwise than for the purpose of inspection only any land has been entered upon in pursuance of this subsection without notice being served as aforesaid on the occupier of the land, that Minister shall forthwith cause notice in writing of the entry to be served on the occupier.\n(2) Sections seventy-eight to eighty-five of the Railways Clauses Consolidation Act, 1845, as originally enacted (which restrict the working of minerals, subject to the payment of compensation) shall apply to any pipe-line or works laid, installed or constructed under a wayleave order as if—\n(a) any reference to the railway were a reference to the pipe-line or works in question;\n(b) any reference to the company were a reference to the Minister by whom the wayleave order was made.\n(3) The Treasury may make regulations—\n(a) for the protection of persons affected by the laying, installation construction, maintenance or use under a wayleave order of pipe-lines or accessory works, and in particular for requiring the Minister by whom the order was made to keep in good repair any pipe-line or works laid, installed or constructed under the order, to take such steps as may be prescribed by the regulations for restoring land where any such pipe-line or works are removed or abandoned, and to indemnify persons against loss or damage caused by any failure to keep any such pipe-line or works in good repair, and for relieving statutory undertakers and other persons of liabilities or obligations arising in consequence of any such failure or any exercise of the rights conferred by the wayleave order;\n(b) for requiring notice to be given where a pipe-line or works laid, installed or constructed under a wayleave order are removed or abandoned.\n(4) In the application of this section to Scotland, for the reference to sections seventy-eight to eighty-five of the Railways Clauses Consolidation Act, 1845, there shall be substituted a reference to sections seventy-one to seventy-eight of the Railways Clauses Consolidation (Scotland) Act, 1845.\n\n16 Protection of oil pipe-lines and accessory works.\n(1) Subject to the next following section, where, in the case of any oil pipe-line or works accessory thereto, rights are for the time being exercisable with respect thereto by a Minister under subsection (1) of section twelve of the Requisitioned Land and War Works Act, 1948, or under a wayleave order, no person shall without the consent of that Minister—\n(a) erect or construct any building or structure, or execute any works providing passage or hard standing for vehicles, persons or animals, in such a way that any part of the building, structure or works is situated within an area falling within ten feet of, or of the portion of the surface of the land lying immediately above, any part of the pipe-line or accessory works or the proposed site thereof; or\n(b) carry out any excavation, or deposit any earth, refuse, spoil or other materials, on any land within such an area as aforesaid:\nProvided that nothing in paragraph (b) of this subsection shall require the consent of that Minister to any agricultural operations other than—\n(i) operations for the storage of crops, grass or silage; and\n(ii) ploughing for purposes of drainage.\n(2) If the provisions of the foregoing subsection are contravened, the Minister concerned may remove anything erected, constructed or deposited, and fill in any excavation made, in contravention of those provisions, and carry out all such other work (if any) as may appear to him to be requisite in consequence of the contravention; and for the purposes of the exercise of the powers conferred by this subsection any person authorised in that behalf by that Minister may enter upon any land upon which the occupier of the land on which the contravention was committed is entitled or permitted to enter, and paragraphs 1 and 2 of the Fourth Schedule to this Act shall apply.\n(3) Any expenses incurred by a Minister under the last foregoing subsection shall be recoverable by him from the occupier of the land on which the contravention was committed:\nProvided that where the occupier occupies that land—\n(a) as tenant under a lease or as licensee under a licence to occupy that land for use as agricultural land and the contravention was committed by some other person who, at the time of its commission, was an owner or lessee of that land; or\n(b) as tenant under a lease granted to the occupier and—\n(i) the grantor has not given the occupier notice that subsection (1) of this section has taken effect as respects the land; and\n(ii) the occupier has not been served in connection with the land with any document such as is mentioned in sub-paragraph (i) or (ii) of paragraph (b) of subsection (2), (5) or (6) of the next following section,\nthe expenses aforesaid shall not be recoverable from the occupier, but, except where that other person or, as the case may be, the grantor is a person in relation to whom, by virtue of the said subsection (2), (5) or (6), the said subsection (1) has not taken effect, shall be recoverable from that other person or, as the case may be, from the grantor.\nIn this subsection the expression “lease” includes an agreement for a lease and the expression “grantor” shall be construed accordingly.\n(4) Where anything has been done in contravention of subsection (1) of this section, the Minister concerned, instead of exercising the powers conferred by subsection (2) of this section, may, if he thinks fit, direct that, during such period and subject to such conditions as may be specified in the direction, that thing shall be deemed to have been done with his consent.\n(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(6) Subsection (6) of the said section twelve (which restricts the erection of buildings or structures over or near certain pipe-lines or works accessory thereto) shall cease to apply to any land as from the time when subsection (1) of this section takes effect as respects that land in accordance with the next following section.\n\n17 Registration of wayleave orders and restrictions under s. 16.\n(1) The rights conferred by a wayleave order shall not be exercisable against a purchaser for money or money’s worth of a legal estate in any of the land to which the order applies unless, before the completion of the purchase, either—\n(a) the order; or\n(b) the draft order referred to in the notice served in pursuance of paragraph 2 of the Second Schedule to this Act of the proposal to make the order,\nhas been registered in the prescribed manner in the register of local land charges of the council of the county borough, metropolitan borough or county district in which the land which is the subject of the purchase is situated; and such a draft order as aforesaid may be so registered at any time after such a notice as aforesaid referring to it has been served:\nProvided that the registration of a draft order shall not be effective for the purposes of this subsection in relation to any land to which the draft order did not apply.\n(1) A wayleave order shall be local land charge.\n(1A) Notwithstanding subsection (1) of this section and subject to subsection (1B) of this section, where, before the commencement of the Local Land Charges Act 1975, a draft wayleave order was registered in the appropriate local land charges register there shall be no duty to register, or to apply for the registration of, any wayleave order made pursuant to the draft order, and section 10 of the said Act shall not apply in relation to any such wayleave order.\n(1B) Subsection (1A) of this section shall not apply to any wayleave order so far as the order applies to land not affected by the draft wayleave order or, where the registration of the draft order was, before the commencement of the said Act of 1975, varied in consequence of the order as made differing from the draft, so far as it applies to land not shown as affected in the registered particulars of the draft order as varied.\n(2) Except in the case of land to which a wayleave order applies, subsection (1) of the last foregoing section shall not take effect—\n(a) as respects any land until notice of the restrictions imposed on that land by that subsection is registered in the prescribed manner in the register of local land charges of the council of the county borough, metropolitan borough or county district in which that land is situated in the ... local land charges register;\n(b) in relation to any person who is an owner, lessee or occupier of that land at the time when the application for registration is made unless either—\n(i) notice of the application or of the registration has been served on him; or\n(ii) the said restrictions arise from a wayleave order of which a copy was served on him under paragraph 7 of the Second Schedule to this Act.\n(2A) Where an application is made for the registration of a notice in the ... local land charges register in pursuance of subsection (2) of this section, the Chief Land Registrar shall register the notice accordingly.\n(3) The power conferred by subsection (6) of section fifteen of the Land Charges Act, 1925, to make rules for giving effect to the provisions of that section shall be exercisable for giving effect to the foregoing provisions of this section; and in the said foregoing provisions the expression “ prescribed ” means prescribed by rules made in the exercise of that power.\n(3) A notice registered in the local land charges register in pursuance of subsection (2) of this section shall be a local land charge, but—\n(a) section 5(2) and section 10 of the Local Land Charges Act 1975 shall not apply in relation thereto; and\n(b) a certificate setting out the result of an official search of the ... local land charges register shall, as respects any land, be conclusive of the question whether, at the time of the issue of the certificate, a notice registrable in pursuance of subsection (2) of this section was registered in the register.\n(4) Any rules made under the said subsection (6) section 14 of the Local Land Charges Act 1975for the purposes of this section shall include provision—\n(a) for cancelling the registration under this section of a draft wayleave order in a case where it is decided not to make any order;\n(b) for varying the registration of a draft wayleave order in a case where the order as made differs from that draft:\n(c) for varying or cancelling any registration under this section in a case where—\n(i) the wayleave order to which it relates is varied or revoked; or\n(ii) any restriction imposed by subsection (1) of the last foregoing section is modified or ceases to have effect.\n(5) The foregoing provisions of this section shall not apply to Scotland, but as respects land in Scotland—\n(a) the Minister by whom a wayleave order is made shall as soon as may be record in the appropriate register of sasines the wayleave order and any order varying or revoking that order; and the rights conferred by any such order shall not be exercisable against any person acquiring any interest in any land to which the order applies unless the order has been so recorded before the completion of the acquisition;\n(b) except in the case of land to which a wayleave order applies, the Minister with whose consent restrictions imposed on any land by subsection (1) of the last foregoing section may be disregarded shall record as aforesaid notice of those restrictions and of any modification or cesser thereof, and the said subsection (1) shall not take effect as respects that land until the said notice has been so recorded and shall not take effect in relation to any person who is an owner, lessee or occupier of that land at the time when the notice is so recorded unless either—\n(i) such a notice has also been served on him; or\n(ii) the restrictions arise from a wayleave order of which a copy has been served on him under paragraph 7 of the Second Schedule to this Act.\n(6) The foregoing provisions of this section shall not apply to Northern Ireland, but as respects land in Northern Ireland—\n(a) a wayleave order and restrictions imposed by subsection (1) of the last foregoing section shall be included amongst the matters which are required to be registered in the Statutory Charges Register; and accordingly the following paragraph shall be added after paragraph (m) of subsection (1) of section two of the Statutory Charges Register Act (Northern Ireland), 1951, that is to say—\n“(n)a wayleave order made under section fourteen of the Lands Powers (Defence) Act, 1958, and restrictions imposed by subsection (1) of section sixteen of that Act”;\n(b) except in the case of land to which a wayleave order applies, subsection (1) of the last foregoing section shall not take effect as respects any land until the restrictions imposed on that land by that subsection have been registered as aforesaid and shall not take effect in relation to any person who is an owner, lessee or occupier of that land at the time when the application for that registration is made unless either—\n(i) there has been served on him notice either of the application or of the registration or of the giving of a priority notice in connection therewith under section four of the said Act of 1951; or\n(ii) the said restrictions arise from a wayleave order of which a copy was served on him under paragraph 7 of the Second Schedule to this Act.\n\n18 Compensation in respect of wayleave orders and restrictions under s. 16.\n(1) If by virtue of a wayleave order the value of any interest in land which comprises, or is held with, land to which the order applies is depreciated, being an interest subsisting at the time when the order was made, there shall be payable in respect of that interest by the Minister by whom the order was made compensation of an amount equal to the amount of the depreciation.\n(2) If, in the case of any land other than land which comprises, or is held with, land to which a wayleave order applies, the value of any interest in that land is depreciated in consequence of restrictions imposed by subsection (1) of section sixteen of this Act, being an interest subsisting at the time when that subsection takes effect as respects that land, there shall be payable in respect of that interest by the Minister with whose consent those restrictions may be disregarded compensation of an amount equal to the amount of the depreciation:\nProvided that compensation under this subsection shall not be payable in respect of any land if compensation in respect of that land has been paid under section thirteen of the Requisitioned Land and War Works Act, 1948, and it is shown that the whole or part of that compensation is attributable to the provisions of subsection (6) of section twelve of that Act.\n(3) Any person who, in consequence of the exercise of the rights conferred by a wayleave order, suffers loss by reason of damage to, or is disturbed in the enjoyment of, any land or chattels shall be entitled to compensation in respect of that damage or disturbance from the Minister by whom the order was made.\n(4) The Treasury may by regulations require, as a condition of the payment of compensation under this section, that, except in such circumstances as may be prescribed by the regulations, a claim shall be made in the form and manner so prescribed, and within such period as may be determined by or under the regulations.\n(5) Any dispute as to a right to compensation under this section, or as to the amount of any such compensation, shall be determined by the appropriate tribunal.\n\n18AModification of street works or road works provisions.\n(1) In relation to works in exercise of the powers under a wayleave order, or the powers conferred by section 12 of the Requisitioned Land and War Works Act 1948, the provisions of Part III or IV of the New Roads and Street Works Act 1991 (street works in England and Wales or road works in Scotland) have effect subject to the provisions of this section.\n(2) The provisions of Schedule 4 or 6 of that Act (settlement of plan and section for works in streets or roads with special engineering difficulties) have effect subject as follows—\n(a) an objection to a plan and section in form shall be disregarded if a Minister certifies that in his opinion it would be against the national interest to submit a plan and section on a larger scale or giving further particulars;\n(b) no modification of a plan and section shall be made which would involve an unacceptable diversion or change; and\n(c) a plan and section shall not be disapproved on the ground that there should be such a diversion or change.\n(3) An arbitrator or arbiter appointed in pursuance of—\n(a) paragraph 8(3) of Schedule 4 or 6 of that Act (settlement of plan and section in case of works in street or road with special engineering difficulties), or\n(b) section 84(3) or 143(3) of that Act (settlement of necessary measures in case of apparatus affected by certain major works),\nshall not provide for an unacceptable diversion or change.\n(4) In subsections (2) and (3) above an “unacceptable diversion or change” means—\n(a) a lateral diversion of a government oil pipe-line to which the Minister on whose behalf the works are to be executed does not consent, or\n(b) a change of the site of accessory works which would necessitate such a diversion.\n\n18B Modification of street works provisions in Northern Ireland\n(1) In relation to works in Northern Ireland in exercise of the powers under a wayleave order, the provisions of the Street Works (Northern Ireland) Order 1995 have effect subject to the provisions of this section.\n(2) The provisions of Schedule 2 to that Order (settlement of plan and section for works in streets with special engineering difficulties) have effect subject as follows—\n(a) an objection to a plan and section in form shall be disregarded if a Minister certifies that in his opinion it would be against the national interest to submit a plan and section on a larger scale or giving further particulars;\n(b) no modification of a plan and section shall be made which would involve an unacceptable diversion or change; and\n(c) a plan and section shall not be disapproved on the ground that there should be such a diversion or change.\n(3) An arbitrator appointed in pursuance of—\n(a) paragraph 8(2) of Schedule 2 to that Order (settlement of plan and section in case of works in street with special engineering difficulties), or\n(b) Article 44(3) of that Order (settlement of necessary measures in case of apparatus affected by certain major works),\nshall not provide for an unacceptable diversion or change.\n(4) In subsections (2) and (3) above an “unacceptable diversion or change” means—\n(a) a lateral diversion of a government oil pipe-line to which the Minister on whose behalf the works are to be executed does not consent, or\n(b) a change of the site of accessory works which would necessitate such a diversion.\n\nProvisions relating to Postmaster-General\n\n19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nMiscellaneous and general\n\n21 Power to enter and survey land.\n(1) Where by virtue of any of the provisions of this Act any duty is to be performed, or any power exercised, by a Minister, any person duly authorised in writing by that Minister may, at any reasonable time, enter upon any land, other than land covered by buildings, for the purpose of surveying that land in connection with, or with proposals for, the performance or exercise of that duty or power, and the provisions of the Fourth Schedule to this Act shall have effect in relation to the powers conferred by this subsection.\n(1A) A person may not be authorised under subsection (1) to enter and survey or value land in England and Wales in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).\n(2) Nothing in this section shall be construed as derogating from any right of entry under any other enactment, including any enactment contained in this Act.\n\n22 Abolition and transfer of jurisdiction of General Claims Tribunal.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\n23 Provisions as to service.\n(1) Any document required or authorised to be served on any person under this Act or, by virtue of this Act, under any other enactment may be served either by delivering it to that person, or by leaving it at his proper address, or by post, so, however, that the document shall not be duly served by post unless it is sent by registered letter.\n(2) Any such document required or authorised to be served upon an incorporated company or body shall be duly served if it is served upon the secretary or clerk of the company or body.\n(3) For the purposes of this section and of the application thereto of section twenty-six of the Interpretation Act, 1889, the proper address of any person upon whom any such document as aforesaid is to be served shall, in the case of the secretary of clerk of any incorporated company or body, be that of the registered or principal office of the company or body, and in any other case be the last-known address of the person to be served:\nProvided that, where the person to be served has furnished an address for service, being an address in the United Kingdom, his proper address for the purposes aforesaid shall be the address furnished.\n(4) Where any such document as aforesaid is to be served by a Minister upon the owner, lessee or occupier of any land and that Minister is satisfied in relation to that land that reasonable inquiry has been made and that it is not practicable to ascertain whether or not there is, or what is the name or address of, any person who is the owner, lessee or occupier of that land, the document shall be deemed to have been duly served on any such person on whom it has for that reason not been served in accordance with the foregoing provisions of this section if it is addressed to all or such as may be appropriate of the following, that is to say, “the owners”, “any lessee” and “any occupier” of the land (describing it), and is delivered to some responsible person on the land or, where there is no such person on the land to whom it may be delivered, if the document or a copy thereof so addressed is affixed to some conspicuous object on the land.\n\n24 Regulations and orders.\n(1) Any power conferred by this Act to make regulations shall be exercisable by statutory instrument and any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.\n(2) Any power to make orders conferred by any provision of this Act shall include power to vary or revoke any previous order made under that provision.\n\n25 Interpretation —general and in relation to Scotland and Northern Ireland.\n(1) In this Act, except in so far as the context otherwise requires, the following expressions have the following meanings respectively, that is to say:—\n  * “the appropriate tribunal” means—\n    (a) in the application of this Act to England and Wales, the Upper Tribunal;\n    (b) in the application of this Act to Scotland, the Lands Tribunal for Scotland;\n    (c) in the application of this Act to Northern Ireland, the Lands Tribunal for Northern Ireland;\n  * “defence purposes” includes any purpose of any of Her Majesty’s naval, military or air forces, the service of any visiting force within the meaning of Part I of the Visiting Forces Act, 1952, and any purpose of the Minister of Supply connected with the service of any of the forces aforesaid;\n  * “enactment” includes an enactment of the Parliament of Northern Ireland;\n  * “land” includes land covered by water;\n  * “manoeuvres commission” has the meaning assigned by subsection (1) of section three of this Act;\n  * “manoeuvres Order” means an Order in Council authorising the execution of manoeuvres made under section one of the Military Manoeuvres Act, 1897;\n  * “Minister” (except where the reference is to a particular Minister) means any Minister of the Crown . . .\n  * “occupier” in relation to any land which is not occupied means the person for the time being entitled to possession of that land;\n  * “oil installations” means any works for the storage or transmission of oil (including oil pipe-lines and works accessory to oil pipe-lines) and any works for giving access to, or otherwise required in connection with, any such works;\n  * “oil pipe-line” means any main or pipe for the transmission of oil, or for the transmission of water or any other substance in connection with the storage of transmission of oil, or any part of such a main or pipe;\n  * “owner” in relation to any land—\n    (a) in the case of land other than land in Scotland, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion, and includes also a person holding or entitled to the rents and profits of the land under a lease or agreement the unexpired term of which exceeds three years;\n    (b) in the case of land in Scotland, includes any person who, under the Lands Clauses Acts, would be enabled to sell and convey the land to the promoters of an undertaking and a tenant of the land under a lease the unexpired term of which exceeds three years;\n  * “wayleave order” has the meaning assigned by subsection (1) of section fourteen of this Act.\n(2) In the application of this Act to Scotland—\n(a) the expression “chattels” means corporeal moveables;\n(b) the expression “easement” means a servitude or similar right;\n(bb) any reference to an “interest” in land, however expressed, shall be construed as a reference to a right in, or interest in, land and as including a reference to ownership of land;\n(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3) In the application of this Act to Northern Ireland—\n(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(b) references to enactments of the Parliament of the United Kingdom shall be construed as references to those enactments as they apply in Northern Ireland;\n(c) any reference to an enactment of the Parliament of Northern Ireland, or to an enactment which that Parliament has power to amend, shall be construed as a reference to that enactment as amended by any Act of that Parliament, whether passed before or after this Act, and to any enactment of that Parliament passed after this Act and re-enacting the said enactment with or without modifications.\n(4) References in this Act to the maintenance of an oil pipe-line or of works accessory thereto shall be construed as including references to the replacing thereof, and the provisions of this Act shall apply to anything laid, installed or constructed by way of replacement as they previously applied to the thing replaced.\n(5) Except in so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended or extended by or under any other enactment, including this Act.\n\n26 Expenses.\n(1) There shall be defrayed out of moneys provided by Parliament—\n(a) any expenditure attributable to the provisions of this Act incurred by any Minister of Her Majesty’s Government in the United Kingdom; . . . and\n(b) any increase so attributable in the sums payable out of moneys so provided under Part I of the Local Government Act, 1948, or the Local Government (Financial Provisions) (Scotland) Act, 1954, as amended by the Valuation and Rating (Scotland) Act, 1956.\n(2) Any amount recovered under this Act by any such Minister as aforesaid or by the Admiralty shall be paid into the Exchequer.\n\n27 Short title and extent.\n(1) This Act may be cited as the Land Powers (Defence) Act 1958.\n(2) Sections . . . six and twelve of this Act . . . shall not extend to Northern Ireland.\n\nSchedules\n\nFIRST SCHEDULE\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\nSections 6, 10, 11, 13, 14, 17.\n\nSECOND SCHEDULE Provisions with respect to certain orders\n\nPart I Procedure for making certain orders\n1 The provisions of this Part of this Schedule shall have effect for the purpose of the making by any Minister of an order under section six, ten, eleven, thirteen, fourteen . . . of this Act.\n2(1)Before making the order the Minister shall prepare a draft thereof, describing by reference to a map the land to which the draft order applies, and serve on every owner, lessee or occupier of any of that land (except tenants for a month or any period less than a month) notice that he proposes to make the order; and\nBefore making the order the Minister shall—\n(a) prepare a draft order describing, by reference to a map, the land to which the draft order applies; and\n(b) serve on every person—\n(i) who is an owner, lessee, tenant (whatever the tenancy period) or occupier of any of that land;\n(ii) to whom the Minister would, if proceeding under section 5(1) of the Compulsory Purchase Act 1965, be required to give a notice to treat; or\n(iii) who the Minister thinks is likely to be entitled to make a claim for compensation under section 10 of that Act if the order is confirmed and the compulsory purchase takes place, so far as he is known to the Minister after making diligent inquiry,\nnotice that he proposes to make the order.\n(1A) any such notice—\n(a) except where it is accompanied by a copy of the draft order, shall state the effect thereof and name a place where a copy may be inspected during reasonable hours, being a place reasonably near to and accessible from the land in question;\n(b) except where it is accompanied by a copy of the said map, shall name a place where a copy of that map may be inspected during reasonable hours, being such a place as aforesaid;\n(c) shall specify the time (not being less than twenty-one days from the service of the notice) within which, and the manner in which, objections to the order may be made.\n(2) Where a notice is required to be served under this paragraph on the owner of any land which is ecclesiastical property, a like notice shall be served on the Church Commissioners Diocesan Board of Finance for the diocese in which the land is situated.\nIn this sub-paragraph the expression “ecclesiastical property” means land (not being land in Scotland, Northern Ireland, Wales or Monmouthshire) belonging to any ecclesiastical benefice of the Church of England, or being or forming part of a church subject to the jurisdiction of a bishop of any diocese of the Church of England or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction.\n3 If no objection is duly made by any such owner, lessee or occupier as aforesaid any such person as is mentioned in paragraph 2(1)(b) or if all objections so made are withdrawn, the Minister may make the order either in the form of the draft or, subject to paragraph 6 of this Schedule, with modifications.\n4(1)If any objection duly made as aforesaid is not withdrawn, the Minister shall afford to the person by whom that objection was made an opportunity to appear before, and be heard by, a person appointed in accordance with sub-paragraph (1A) to hold an inquiry into the proposal to make the order:\nProvided that the Minister shall not be required to afford any person an opportunity to appear and be heard as aforesaid otherwise than in private.\n(1A) A person to hold an inquiry for the purposes of sub-paragraph (1) is to be appointed as follows—\n(a) if the inquiry relates to land in England and Wales, the person is to be appointed by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor;\n(b) if the inquiry relates to land in Scotland, the person is to be appointed by the Lord President of the Court of Session;\n(c) if the inquiry relates to land in Northern Ireland, the person is to be appointed by the Lord Chief Justice of Northern Ireland after consulting Lord Chancellor.\n(2) The person holding an inquiry under the foregoing sub-paragraph shall report thereon to the Minister who, after considering the report and the objection, may make the order either in the form of the draft or, subject to paragraph 6 of this Schedule, with modifications.\n(3) Rules of procedure shall be made by statutory instrument in accordance with sub-paragraph (3A) for the purposes of inquiries held under this paragraph, including rules—\n(a) as to the information with respect to the Minister’s reasons for proposing to make the order, the findings and recommendations of the person holding the inquiry, the Minister’s decision on those findings and recommendations, and the Minister’s reasons for any departure from those recommendations, to be furnished by the Minister to persons afforded such an opportunity as aforesaid as being owners, lessees or occupiers of any land;\n(b) as to the furnishing by the Minister to the person holding the inquiry of explanations of the Minister’s reasons for proposing to make the order and of evidence in support thereof.\n(3A) Rules under sub-paragraph (3) are to be made as follows—\n(a) if the rules are for the purposes of inquiries held in relation to land in England and Wales, they are to be made by the Lord Chancellor;\n(b) if the rules are for the purposes of inquiries held in relation to land in Scotland, they are to be made by the Secretary of State after consultation with the Lord President of the Court of Session;\n(c) if the rules are for the purposes of inquiries held in relation to land in Northern Ireland, they are to be made by the Lord Chancellor after consultation with the Lord Chief Justice of Northern Ireland.\n(4) The person appointed to hold an inquiry under this paragraph shall be paid by the Minister such remuneration and allowances as may be determined, with the approval of the Treasury—\n(a) by the Lord Chancellor, or\n(b) in a case where the Lord President of the Court of Session appointed the person, by the Secretary of State.\n(5) 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 his functions under this paragraph.\n(6) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this paragraph.\n(7) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph—\n(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;\n(b) a Lord Justice of Appeal (as defined in section 88 of that Act).\n5 The Minister may require any person who has made an objection to state in writing the grounds thereof, and any such objection which the Minister is satisfied relates exclusively to matters of compensation may be disregarded for the purposes of the two last foregoing paragraphs.\n6 The order shall not be made with any modification from the draft unless either—\n(a) every person who is an owner, lessee or occupier of any land to which the order applies which is affected by that modification, other than a tenant for a month or any period less than a month, has been served with notice of the proposal to make the modification and either has consented thereto or has not before the expiration of fourteen days from the service of the notice notified the Minister in writing that he objects thereto; or\n(b) the modification arises from representations made at an inquiry into the proposal to make the order held under paragraph 4 of this Schedule or from the findings or recommendations of the person holding that inquiry, and every person such as is mentioned in the foregoing sub-paragraph was served with such a notice of that proposal as is mentioned in paragraph 2 of this Schedule and afforded an opportunity to appear and be heard at the inquiry.\n7 If the order is made, the Minister shall serve on every person who is an owner, lessee or occupier of any land to which the order applies, and on any other person upon whom such a notice of the proposal to make the order as is mentioned in paragraph 2 of this Schedule was served, a copy of the order and either a copy of the map referred to in the order or a notice naming a place where that map may be inspected during reasonable hours, being a place reasonably near to and accessible from the land to which the order applies.\n8(1)If, where the order is made, any person aggrieved thereby, being a person required to be served with a copy of the order under the last foregoing paragraph, desires to question the validity thereof or of any provision contained therein on the ground that the making of the order or the inclusion of that provision was not authorised by this Act or on the ground that any requirement of this Act or of any rules made under sub-paragraph (3) of paragraph 4 of this Schedule has not been complied with in relation to the order, he may, not later than the expiration of six weeks from the date on which he is served as aforesaid, make an application to the appropriate court, and on any such application the court—\n(a) may by interim order suspend the operation of the order or any provision contained therein, either generally or in so far as it affects any property of the applicant or a part of any such property, until the final determination of the proceedings;\n(b) if satisfied that the making of the order or the inclusion of any provision therein was not authorised by this Act or that the interests of the applicant have been substantially prejudiced by failure to comply with any requirement of this Act or of any such rules as aforesaid in relation to the order, may quash the order or any provision contained therein, either generally or in so far as it affects any property of the applicant or a part of any such property.\n(2) In this paragraph “appropriate court” means—\n(a) if the order relates to land in England and Wales, the High Court in England and Wales;\n(b) if the order relates to land in Scotland, the Court of Session;\n(c) if the order relates to land in Northern Ireland, the High Court in Northern Ireland.\n9 Subject to the provisions of the last foregoing paragraph, the order shall not, either before or after it has been made, be questioned in any legal proceedings whatsoever, and shall become operative as soon as it is made.\n10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\nPart II Acquisition of land, etc., under certain orders\n12 The provisions of this Part of this Schedule shall apply where an order is made under section thirteen . . . of this Act for the purpose of the acquisition of any land, or of any easement over or right restrictive of the user of any land, by the Minister of Power . . .\n13 The following enactments, that is to say—\n(a) the Defence Act, 1842, except sections five, six, . . . twenty-three, thirty-seven, thirty-nine and forty-one;\n(b) the Defence Act, 1854:\n(c) the Defence Act, 1859:\n(d) section seven of the Lands Clauses Consolidation Acts Amendment Act, 1860, with the omission from the proviso thereto of the words from “authorize” to “1842, or”;\n(e) section forty-six of the Defence Act, 1860, and the provisions thereby applied:\n(f) section seven of the Militia (Lands and Buildings) Act, 1873;\n(g) the Defence Acts Amendment Act, 1873;\n(h) Part VII of the Requisitioned Land and War Works Act, 1945,\nshall have effect for the purpose of the acquisition, holding, management, use and disposal in any manner of the land, easement or right to which the order applies as if references in those enactments in whatever terms to the principal officers of Her Majesty’s Ordnance or to the Secretary of State for the War Department or to the Ordnance department included references to the Minister of Power . . . and to his department.\n14 Notice to treat for the compulsory acquisition under the enactments aforesaid of any land, easement or right to which the order applies may be served notwithstanding that the provisions of section sixteen of the Defence Act, 1842, with respect to the surveying and marking out of land have not been complied with, and references in the enactments aforesaid to land surveyed and marked out under that section shall be construed as including references to land described in a notice to treat for the acquisition thereof.\n15 At any time after serving any such notice to treat as aforesaid for the acquisition of any land, easement or right which falls to be served on any owner, lessee or occupier of any land affected and after serving on every owner, lessee or occupier of that land not less than fourteen days’ notice, the Minister of Power . . . may enter on and take possession of, or exercise any of the rights to be acquired with respect to, the land (or such part thereof as is specified in the last-mentioned notice) without previous consent or compliance with any relevant requirements of any of the enactments aforesaid, but subject to the payment of the like compensation as would have been payable if those requirements had been complied with, and, where possession is taken of the land, subject to the payment of interest on that compensation from the date of entry at the rate for the time being in force for the purposes of the following enactment, that is to say—\n(a) in the case of land in England or Wales, subsection (2) of section fifty-seven of the Town and Country Planning Act, 1947;\n(b) in the case of land in Scotland, subsection (2) of section fifty-four of the Town and Country Planning (Scotland) Act, 1947;\n(c) in the case of land in Northern Ireland, subsection (1) of section fourteen of the Administrative and Financial Provisions Act (Northern Ireland), 1956.\n16 Where any such notice to treat or of intended entry as aforesaid is required to be served on an owner of land which is ecclesiastical property as defined in paragraph 2 of this Schedule, a like notice shall be served on the Church Commissioners Diocesan Board of Finance for the diocese in which the land is situated; and any compensation in respect of the acquisition which, apart from this paragraph, would have been payable to the owner of the land shall be paid to the Church Commissioners Diocesan Board of Finance for the diocese in which the land is situated to be applied for the purposes for which the proceeds of a sale by agreement of the land would be applicable under any enactment or Measure authorising such a sale or disposing of the proceeds of such a sale.\nSection 8.\n\nTHIRD SCHEDULE Stopping up and Diversion of highways in Northern Ireland\n1 The powers in Article 68 of the Roads (Northern Ireland) Order 1993 (stopping-up or abandonment of roads) shall also be exercisable where—\n(a) land is, or is to be, used by a Secretary of State, . . . for the purposes of an installation provided or to be provided for defence purposes, or is used by a manufacturer of aircraft as an airfield wholly or mainly in connection with the manufacture of aircraft for defence purposes; and\n(b) the Ministry of Commerce for Northern Ireland is satisfied that, for the land to be so used efficiently without danger to the public, it is necessary that a highway should be stopped up or abandoned.\n2 Where, in the circumstances specified in sub-paragraphs (a) and (b) of the foregoing paragraph, it appears to the Ministry of Commerce for Northern Ireland that it is not necessary that the road should be stopped up for more than a limited period, the powers conferred by the saidArticle 68shall be exercisable so as to provide for the stopping up of the road during such period as may be prescribed by or under an order made under that article and for the restoration of the road at the end of that period.\n3 Any order made in accordance with the last foregoing paragraph which provides for the provision of another road in substitution for a road stopped up by the order may also contain such provisions as appear to the Ministry of Commerce for Northern Ireland to be expedient for the stopping up, at the expiration of the period prescribed by or under the order, of that other road and for the original road to be reconstructed at the expense of such of the Ministers referred to in sub-paragraph (a) of paragraph 1 of this Schedule as may be specified in the order and thereafter maintained by any person who would for the time being have been liable for its maintenance if it had never been stopped up.\n4 The powers conferred on the Ministry of Commerce for Northern Ireland by virtue of this Schedule shall be exercisable for the purpose of authorising in the circumstances specified in sub-paragraphs (a) and (b) of paragraph 1 of this Schedule the stopping up or abandonment of a road which is temporarily stopped up or diverted under any enactment of the Parliament of the United Kingdom or which is temporarily stopped up under an order made by virtue of paragraph 2 of this Schedule.\n5 Where, in the circumstances specified in the said sub-paragraphs (a) and (b), it is agreed between the Ministry of Commerce for Northern Ireland and such of the Ministers referred to in the said sub-paragraph (a) as is concerned that another road ought to be provided or improved in substitution for the road to be stopped up or abandoned, the powers conferred upon the said Ministry by Article 110 of the Roads (Northern Ireland) Order 1993shall be exercisable for the purpose of acquiring any land required in connection with the provision or improvement of that other road, and any expenditure incurred by any person in acquiring such land and carrying out such works as may be agreed as aforesaid to be necessary for the provision or improvement of that other road shall be defrayed by the Minister aforesaid.\nSections 9, 10, 15, 16, 21.\n\nFOURTH SCHEDULE Supplementary provisions as to exercise of certain powers\n1A person entering on any land in the exercise of powers in relation to which this paragraph applies shall, if so required, produce written evidence of his authority before so entering, and shall not demand admission as of right unless not less than seven days’ notice in writing of the intended entry has been given to the occupier.\n2 Any person who wilfully obstructs a person acting in the exercise of any powers in relation to which this paragraph applies shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.\n3 Any person who, in consequence of the exercise of any power in relation to which this paragraph applies, suffers loss by reason of damage to, or is disturbed in the enjoyment of, any land or chattels shall be entitled to compensation in respect of that damage or disturbance from the Minister or local authority on whose behalf the power is exercised: and any dispute as to a right to compensation under this paragraph, or as to the amount of any such compensation, shall be determined by the appropriate tribunal.\n4 Any power to survey land included in powers in relation to which this paragraph applies shall be construed as including power to search and bore for the purpose of ascertaining the nature of the subsoil:\nProvided that, in relation to the exercise of the power to search and bore, paragraph 1 of this Schedule shall have effect as if for the reference to seven days’ notice there were substituted a reference to twenty-eight days’ notice.","title":""}