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[uk-legislation-uksi][uksi] 2025-10-27 The Court and Public Guardian Fees (Miscellaneous Amendments) Order 2025
http://www.legislation.gov.uk/uksi/2025/1126/made
http://www.legislation.gov.uk/uksi/2025/1126/made The Court and Public Guardian Fees (Miscellaneous Amendments) Order 2025 King's Printer of Acts of Parliament 2025-10-27 COUNTY COURT, ENGLAND AND WALES MENTAL CAPACITY, ENGLAND AND WALES SENIOR COURTS OF ENGLAND AND WALES This Order amends the Non-Contentious Probate Fees Order 2004 (S.I. 2004/3120), the Public Guardian (Fees, etc) Regulations 2007 (S.I. 2007/2051) and the Civil Proceedings Fees Order 2008 (S.I. 2008/1053). 2025 No. 1126 COUNTY COURT, ENGLAND AND WALES MENTAL CAPACITY, ENGLAND AND WALES SENIOR COURTS OF ENGLAND AND WALES The Court and Public Guardian Fees (Miscellaneous Amendments) Order 2025 Made at 12.45 p.m. on 27th October 2025 Laid before Parliament 27th October 2025 Coming into force in accordance with article 2 The Lord Chancellor makes this Order in exercise of the powers conferred by— section 415 of the Insolvency Act 1986 , section 92 of the Courts Act 2003 , section 58(3) and (4) of the Mental Capacity Act 2005 , and section 180(1) of the Anti-social Behaviour, Crime and Policing Act 2014 . The Lord Chancellor has had regard to the matters referred to in section 92(3) of the Courts Act 2003 and section 180(3) of the Anti-social Behaviour, Crime and Policing Act 2014. The Lord Chancellor has obtained the sanction of the Treasury in accordance with section 415(1) of the Insolvency Act 1986. The Lord Chancellor has obtained the consent of the Treasury in accordance with section 92(1) of the Courts Act 2003 and section 180(1) of the Anti-social Behaviour, Crime and Policing Act 2014. The Lord Chancellor has consulted the Lady Chief Justice, the Master of the Rolls, the President of the King's Bench Division, the President of the Family Division, the Chancellor of the High Court, the Head of Civil Justice, the Deputy Head of Civil Justice and the Civil Justice Council in accordance with section 92(5) and (6) of the Courts Act 2003. Citation and extent 1 1 This Order may be cited as the Court and Public Guardian Fees (Miscellaneous Amendments) Order 2025. 2 This Order extends to England and Wales. Commencement 2 1 This Order comes into force on 17th November 2025, subject as follows. 2 Article 6 (1) comes into force at the same time as section 61 (1) of the Victims and Prisoners Act 2024 comes into force. 3 Article 6 (2) comes into force at the same time as section 62 (1) of the Victims and Prisoners Act 2024 comes into force. Fees payable in relation to non-contentious probate 3 1 The Non-Contentious Probate Fees Order 2004 is amended as follows. 2 Before article 8 insert— Special exemption – emergency service personnel and armed forces 7A No fee is payable on an application for a grant relating to an estate where reliefs apply under one of the following sections of the Inheritance Tax Act 1984 — a section 153A (death of emergency service personnel etc.); b section 154 (death on active service, etc.); c section 155A (death of constables and service personnel targeted because of their status). . 3 In Schedule 1 for the entries relating to fee 8 (copy documents) substitute— 8 Copy documents On a request for— (a) a copy of a document of a specific individual named in the request; £16 (for each copy provided, whether or not as a certified copy) (b) copies of documents of individuals not named in the request, where the copies are made available in electronic form. £1.50 (for each copy made available, whether or not as a certified copy) . Fees payable to the Public Guardian 4 1 The Public Guardian (Fees, etc) Regulations 2007 are amended as follows. 2 In the Schedule— a in the entry for “Fee for application to register an enduring power of attorney (regulation 4)” for “£82” substitute “£92” ; b in the entry for “Fee for application to register a lasting power of attorney (regulation 5)” for “£82” substitute “£92” ; c in the entry for “Reduced fee for repeat application to register a lasting power of attorney (regulation 5)” for “£41” substitute “£46” . Fees exemption for civil proceedings relating to insolvency and persons at risk of violence 5 1 The Civil Proceedings Fees Order 2008 is amended as follows. 2 After article 3E insert— Exemption related to insolvency and persons at risk of violence 3F No fee is payable in respect of an application for an order for non-disclosure of information under rule 20.2, 20.3, 20.4, 20.5 or 20.6 of the Insolvency (England and Wales) Rules 2016 . . Fees exemptions for civil proceedings relating to referrals of decisions to release prisoners on parole 6 1 In the Civil Proceedings Fees Order 2008 , after article 3F (as inserted by article 5(2)) insert— Exemption related to referrals to High Court of decisions to release prisoners (life sentence) on parole 3G No fee is payable for making a referral of a prisoner’s case (life sentence) to the High Court under section 32ZAA (2) of the Crime (Sentences) Act 1997 . . 2 In the Civil Proceedings Fees Order 2008 , after article 3G (as inserted by paragraph (1)) insert— Exemption related to referrals to High Court of decisions to release prisoners (fixed-term sentence) on parole 3H No fee is payable for making a referral of a prisoner’s case (fixed-term sentence) to the High Court under section 256AZBA (2) of the Criminal Justice Act 2003 . . Signed on behalf of the Lord Chancellor Sarah Sackman Minister of State Ministry of Justice 23rd October 2025 We consent Stephen Morgan Lilian Greenwood Two of the Lords Commissioners of His Majesty's Treasury at 12.45 p.m. on 27th October 2025 Explanatory Note (This note is not part of the Order) This Order amends the Non-Contentious Probate Fees Order 2004 ( S.I. 2004/3120 ), the Public Guardian (Fees, etc) Regulations 2007 ( S.I. 2007/2051 ) and the Civil Proceedings Fees Order 2008 ( S.I. 2008/1053 ). Article 3 exempts fees from being payable under the Non-Contentious Probate Fees Order 2004 in relation to emergency service personnel and armed forces personnel where inheritance tax reliefs apply. Article 3 also increases Fee 8 in Schedule 1 to that Order. Fee 8, which relates to requests for copies of documents, including grants or wills, is increased from £1.50 to £16, where the request is for a copy of a document of a specific individual named in the request. Article 4 applies inflation-based increases to fees for applications relating to lasting and enduring powers of attorney in the Public Guardian (Fees, etc) Regulations 2007 from £82 to £92 and the fee to resubmit an application to register a lasting power of attorney from £41 to £46. Article 5 exempts fees from being payable for applications relating to insolvency and persons at risk of violence under the Civil Proceedings Fees Order 2008. Article 6 exempts fees from being payable for making referrals to the High Court of decisions to release prisoners on parole under the Civil Proceedings Fees Order 2008. A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available at https://legislation.gov.uk or by writing to the Ministry of Justice, Fees Policy and Administrative Justice Team, 102 Petty France, Area 5.20, Westminster, London, SW1H 9AJ. 1986 c. 45 , amended by the Corporate Insolvency and Governance Act 2020 (c. 12) . There are other amendments but none is relevant. 2003 c. 39 , amended by the Constitutional Reform Act 2005 (c. 4) . There are other amendments but none is relevant. 2005 c. 9 . 2014 c. 12 . 2024 c. 21 . S.I. 2004/3120 , amended by S.I. 2019/1063 , 2020/720 , 2024/476 , 2025/351 . There are other amending instruments but none is relevant. 1984 c. 51 , amended by the Armed Forces Act 2006 (c. 52) and the Finance Act 2015 (c. 11) . There are other amendments but none is relevant. S.I. 2007/2051 , amended by S.I. 2009/514 , 2011/2189 , 2017/503 . There are other amending instruments but none is relevant. S.I. 2008/1053 , amended by S.I. 2024/538 . The insertion of article 3E by S.I. 2024/538 is a prospective amendment. There are other amendments but none is relevant. S.I. 2016/1024 , to which there are amendments not relevant to these Regulations. 1997 c. 43 . The insertion of section 32ZAA is a prospective amendment in section 61 (1) of the Victims and Prisoners Act 2024 (c. 21). 2003 c. 44 . The insertion of section 256AZBA is a prospective amendment in section 62 (1) of the Victims and Prisoners Act 2024 .
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[uk-legislation-uksi][uksi] 2025-10-28 The Byers Gill Solar (Correction) Order 2025
http://www.legislation.gov.uk/uksi/2025/1124/made
http://www.legislation.gov.uk/uksi/2025/1124/made The Byers Gill Solar (Correction) Order 2025 King's Printer of Acts of Parliament 2025-10-28 INFRASTRUCTURE PLANNING This Order corrects errors in the Byers Gill Solar Park Order 2025 (S.I. 2025/934), a development consent order made under the Planning Act 2008, following a request made under paragraph 1(5)(a) of Schedule 4 to that Act. 2025 No. 1124 INFRASTRUCTURE PLANNING The Byers Gill Solar (Correction) Order 2025 Made 24th October 2025 Coming into force 27th October 2025 The Byers Gill Solar Order 2025 (“ the Byers Gill Order ”), which granted development consent within the meaning of the Planning Act 2008 (“ the Act ”) contains correctable errors within the meaning of paragraph 1 of Schedule 4 to the Act. In accordance with paragraph 1(5)(a) of Schedule 4 to the Act, before the end of the relevant period , the Secretary of State received a written request from the applicant for the correction of errors and omissions in the Byers Gill Order. In accordance with paragraph 1(7) of Schedule 4 to the Act, the Secretary of State has informed each relevant local planning authority for the area in which the land to which the Byers Gill Order relates is situated that the request has been received. The Secretary of State, in exercise of the powers conferred by paragraphs 1(4) and 1(8) of Schedule 4 to, the Act, makes the following Order: Citation and commencement 1 This Order may be cited as the Byers Gill Solar (Correction) Order 2025 and comes into force on 27th October 2025. Corrections 2 The Byers Gill Order is corrected as set out in the table in the Schedule to this Order, where— a column 1 sets out where the correction is to be made; b column 2 sets out how the correction is to be made; and c column 3 sets out the text which is to be substituted, inserted, or omitted. Signed by authority of the Secretary of State for Energy Security and Net Zero John Wheadon Head of Energy Infrastructure Planning and Innovation Department for Energy Security and Net Zero 24th October 2025 Schedule Corrections Article 2 Table 1 (1) Where the correction is to be made (2) How the correction is to be made (3) Text to be substituted, inserted, or omitted Part 3, Article 10(3) For “paragraph (3)” substitute “ paragraph (4) ” Part 3, Article 10(4)(b) For “paragraph (4)” substitute “ paragraph (5) ” Part 3, Article 10(4)(m) After “route” insert “ ) ” Part 3, Article 10(4)(n) For “(a) to (g)” substitute “(a) to (m)” Part 3, Article 13(4) After “(public rights of way” insert “ to be closed) ” Part 3, Article 13(8) For “paragraph (9)” substitute “ paragraph (7) ” Part 3, Article 13(9) For “paragraph (10)” substitute “ paragraph (8) ” Part 3, Article 13(9) For “paragraph (9)” substitute “ paragraph (7) ” Part 3, Article 14(1) For “(public rights of way to be stopped up)” substitute “ (public rights of way to be closed) ” Schedule 2, Part 1, paragraph 13(1) For “11” substitute “12” Schedule 2, Part 2, paragraph 25(1) For “23” substitute “24” Schedule 2, Part 2, paragraph 26(3) For “25(2)(c)” substitute “26(2)(c)” Schedule 2, Part 2, paragraph 26(5) For “25(4)” substitute “26(4)” Schedule 2, Part 2, paragraph 26(5) For “24(2)(c) to (e)” substitute “26(2)(c) to (e)” Schedule 5, Part 2 Title For “public rights of way to be permanently closed” substitute “public rights of way to be permanently stopped up” Schedule 11, Part 3, paragraph 19(3)(b) After “(1)” insert “ ) ” Schedule 11, Part 5, paragraph 54(3) For “paragraph 15” substitute “ paragraph 59 (arbitration) of this Part of this Schedule ” Explanatory Note (This note is not part of the Order) This Order corrects errors in the Byers Gill Solar Park Order 2025 ( S.I. 2025/934 ), a development consent order made under the Planning Act 2008, following a request made under paragraph 1(5)(a) of Schedule 4 to that Act. S.I. 2025/934 . 2008 c. 29 . Paragraph 1 of Schedule 4 to the Act was amended by paragraph 70 of Schedule 13 to the Localism Act 2011 (c. 20) . There are other amendments to the Act which are not relevant to this Order. The relevant period is defined in paragraph 1(6)(a) of Schedule 4 to the Act. The term “applicant” is defined in paragraph 4 of Schedule 4 to the Act. As defined in paragraph 4 of Schedule 4 to the Act.
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[uk-legislation-uksi][uksi] 2025-10-28 The Mona Offshore Wind Farm (Correction) Order 2025
http://www.legislation.gov.uk/uksi/2025/1123/made
http://www.legislation.gov.uk/uksi/2025/1123/made The Mona Offshore Wind Farm (Correction) Order 2025 en King's Printer of Acts of Parliament 2025-10-28 INFRASTRUCTURE PLANNING This Order corrects errors in the Mona Offshore Wind Farm Order 2025 (S.I. 2025/870), a development consent order made under the Planning Act 2008, following a request made under paragraph 1(5)(a) of Schedule 4 to that Act. 2025 No. 1123 Infrastructure Planning The Mona Offshore Wind Farm (Correction) Order 2025 Made 23rd October 2025 Coming into force 24th October 2025 The Mona Offshore Wind Farm Order 2025 (“ the Mona Offshore Wind Order ”), which granted development consent within the meaning of the Planning Act 2008 (“ the Act ”) contains correctable errors within the meaning of paragraph 1 of Schedule 4 to the Act. In accordance with paragraph 1(5)(a) of Schedule 4 to the Act, before the end of the relevant period , the Secretary of State received a written request from the applicant for the correction of errors and omissions in the Mona Offshore Wind Farm Order. In accordance with paragraph 1(7) of Schedule 4 to the Act, the Secretary of State has informed each relevant local planning authority for the area in which the land to which the Mona Offshore Wind Farm Order relates is situated that the request has been received. The Secretary of State in exercise of the powers conferred by paragraphs 1(4) and (8) of Schedule 4 to the Act makes the following Order. Citation and commencement 1 This Order may be cited as the Mona Offshore Wind Farm (Correction) Order 2025 and comes into force on 24 th October 2025. Correction of original order 2 1 The Mona Offshore Wind Farm Order 2025 is corrected as set out in the table in the Schedule to this Order, in which— a column 1 sets out where the correction is to be made; b column 2 sets out how the correction is to be made; and c column 3 sets out the text to be substituted, inserted, or omitted. Signed by authority of the Secretary of State for Energy Security and Net Zero John Wheadon Head of Energy Infrastructure Planning Delivery & Innovation Department of Energy Security and Net Zero 23rd October 2025 SCHEDULE Article 2 (1) Where the correction is to be made (2) How the correction is to be made (3) Text to be substituted, inserted, or omitted Article 2(1) For the defined term “gravity base” substitute “gravity base foundation” Article 2(1) In the definition of “mean high water springs” after “which” insert “spring” Article 2(1) In the definition of “mean low water springs” after “that” insert “spring” Article 7(3) After “agreed,” insert on a new line “except where paragraph (6) applies, in which case no consent of the Secretary of State is required.” Article 35(2) After “authorised project that” insert “is specified in Schedule 11, Part 3 (trees subject to tree preservation orders) or” Article 35(2) For “21 February 2024” substitute “,” “21 February 2024,” Article 35(3) For “paragraph (1)” substitute “paragraph (2)” Schedule 2, paragraph 2(2) For “parameters in Table 2 do not allow works in relation to wind turbine generators that” substitute “undertaker may not undertake Work No. 1 in a manner which would” Schedule 2, paragraph 2(2) For “based upon the two assessed scenarios set out in Table 3.5 of the environmental statement” substitute “and in particular may not exceed the maximum rotor swept area as identified in Table 2” Schedule 2, paragraph 9(2)(c) For “. The plan shall” substitute “which must” Schedule 2, paragraph 9(2)(c) For “levels.” substitute “levels;” Schedule 2, paragraph 9(2)(p) After “outline” insert “onshore” Schedule 2, paragraph 10(2) For “plan,” substitute “plan.” Schedule 2, paragraph 23(2)(c) For “5” substitute “4” Schedule 2, paragraph 23(5) In the defined term “appropriate radar mitigation scheme” for “appropriate” substitute “approved” Schedule 2, paragraph 23(5) In the definition of “Ministry of Defence” after “means” insert “the Ministry of Defence” Schedule 2, paragraph 23(5) In the definition of “operator” for “means BAE Systems (Operations) Limited incorporated under the Companies Act 2006 (Company Number 01996687) whose registered office is Warwick House, PO Box 87, Farnborough Aerospace Centre, Farnborough, Hants, GU14 6YU or such other organisation as is licensed from time to time under sections 5 and 6 of the Transport Act 2000 to provide air traffic services for Warton Aerodrome or any other organisation employed by BAE Systems (Operations) Limited to provide an air traffic service at Warton Aerodrome;” substitute “means BAE Systems (Operations) Limited (incorporated in England and Wales with company number 01996687 whose registered office is at Victory Point, Lyon Way, Frimley, Camberley, Surrey, GU16 7EX) or such other organisation as is licensed from time to time under sections 5 and 6 of the Transport Act 2000 to provide air traffic services at Warton Aerodrome or any other organisation employed by BAE Systems (Operations) Limited to provide an air traffic service at Warton Aerodrome;” Schedule 2, paragraph 27(3)(a) After “generator” omit “or any offshore substation platform” Schedule 2, paragraph 27(4) In the definition of “Approved ATS mitigation scheme” for “sub-paragraph (1)(a).” substitute “paragraph (1)(b)(i);” Schedule 2, paragraph 27(4) In the definition of “operator” for “Surrey” substitute “Surrey,” Schedule 2, paragraph 28(3)(a) After “generator” omit “or any offshore substation platform” Schedule 2, paragraph 28(4) In the definition of “approved ATS mitigation scheme” for “paragraph (1)(a)” substitute “paragraph (b)(i)” Schedule 2, paragraph 28(4) In the definition of “ATS mitigation scheme” sub-paragraph (a) for “The” substitute “the” Schedule 2, paragraph 28(4) In the definition of “ATS mitigation scheme” paragraph (a)(i) for “National” substitute “national” Schedule 2, paragraph 28(4) In the definition of “ATS mitigation scheme” paragraph (a)(ii) for “Safe” substitute “safe” Schedule 2, paragraph 28(4) In the definition of “ATS mitigation scheme” paragraph (a)(iii) for “Any” substitute “any” Schedule 2, paragraph 28(4) In the definition of “ATS mitigation scheme” sub-paragraph (b) for “The” substitute “the” Schedule 2, paragraph 28(4) In the definition of “operator” after “any” omit “other” Schedule 2, paragraph 28(4) In the definition of “operator” after “Aerodrome;” omit “and” Schedule 2, paragraph 28(4) In the definition of “UHF” after “frequency;” insert “and” Schedule 2, paragraph 32 For “person responsible for the original approval” substitute “relevant discharging authority” Schedule 8 (heading) In the Article cross- reference after “Article” for “22” substitute “21” Schedule 9, paragraph 5(7) For “24(4)” substitute “26(4) (modification of Part 1 of the 1965 Act)” Schedule 10, Part 3, paragraph 18(2) For “7 and 8” substitute “22 and 23” Schedule 10, Part 3, paragraph 20(6) For “8” substitute “23” Schedule 10, Part 3, paragraph 22(1) For “2” substitute “17” Schedule 10, Part 3, paragraph 23(4) For “8” substitute “23” Schedule 10, Part 3, paragraph 23(4) For “2” substitute “17” Schedule 10, Part 3, paragraph 24(5) For “9” substitute “24” Schedule 10, Part 4, paragraph 29(1) For “4” substitute “28” Schedule 10, Part 5 paragraph 39 In the definition of “protective works” for “8” substitute “45” Schedule 10, Part 5 paragraph 39 In the definition of “specified work” sub-paragraph (a) for “6” substitute “43” Schedule 10, Part 6 paragraph 59 For “10” substitute “58” Schedule 10, Part 7 paragraph 79(3) For “11” substitute “94” Schedule 10, Part 7 paragraph 84(1) For “21” substitute “98” Schedule 10, Part 7 paragraph 87(1) For “9” substitute “92” Schedule 10, Part 7 paragraph 90(2) For “8” substitute “91” Schedule 10, Part 7 paragraph 92(9) For “7” substitute “90” Schedule 10, Part 7 paragraph 99 For “97” substitute “92” Schedule 10, Part 8 paragraph 100 For “114” substitute “113” Schedule 10, Part 8 paragraph 104(5)(a) For “5” substitute “104” Schedule 10, Part 8 paragraph 109(10) For “9” substitute “108” Schedule 10, Part 9 paragraph 135(4) For “16” substitute “135” Schedule 15, Table 7, Document Reference Number J26 In column 1 for “J26” substitute “S_RFI1_03” Schedule 15, Table 7, Document Reference Number J26 In column 2 for “REP6-034” substitute “C1-008c” Schedule 15, Table 7, Document Reference Number J26 In column 4 for “F05” substitute “F01” Schedule 15, Table 7, Document Reference Number J26 In column 5 for “December 2024” substitute “May 2025” Schedule 15, Table 7, Document Reference Number J26.3 In column 1 for “J26.3” substitute “S_RFI1_04” Schedule 15, Table 7, Document Reference Number J26.3 In column 2 for “REP6-040” substitute “C1-008e” Schedule 15, Table 7, Document Reference Number J26.3 In column 4 for “F05” substitute “F01” Schedule 15, Table 7, Document Reference Number J26.3 In column 5 for “December 2024” substitute “May 2025” Schedule 15, Table 7, Document Reference Number J26.13 In column 1 for “J26.13” substitute “S_RFI1_05” Schedule 15, Table 7, Document Reference Number J26.13 In column 2 for “REP6-060” substitute “C1-008g” Schedule 15, Table 7, Document Reference Number J26.13 In column 4 for “F04” substitute “F01” Schedule 15, Table 7, Document Reference Number J26.13 In column 5 for “December 2024” substitute “May 2025” Schedule 15, Table 7, Document Reference Number J26.15 In column 1 for “J26.15” substitute “S_RFI1_06” Schedule 15, Table 7, Document Reference Number J26.15 In column 2 for “REP4-019” substitute “C3-004, pdf pages 22 to 37” Schedule 15, Table 7, Document Reference Number J26.15 In column 4 for “F03” substitute “F02” Schedule 15, Table 7, Document Reference Number J26.15 In column 5 for “November 2024” substitute “June 2025” Schedule 15, Table 7, Document Reference Number J26.16 In column 1 for “J26.16” substitute “S_RFI1_07” Schedule 15, Table 7, Document Reference Number J26.16 In column 2 for “REP6-062” substitute “C1-008k” Schedule 15, Table 7, Document Reference Number J26.16 In column 4 for “F03” substitute “F01” Schedule 15, Table 7, Document Reference Number J26.16 In column 5 for “December 2024” substitute “May 2025” EXPLANATORY NOTE (This note is not part of the Order) This Order corrects errors in the Mona Offshore Wind Farm Order 2025 ( S.I. 2025/870 ), a development consent order made under the Planning Act 2008, following a request made under paragraph 1(5)(a) of Schedule 4 to that Act. S.I. 2025/870 . 2008 c. 29 . Paragraph 1 of Schedule 4 was amended by paragraph 70 of Schedule 13, and Part 20 of Schedule 25, to the Localism Act 2011 (c. 20) . There are other amendments to paragraph 1 that are not relevant to this Order. The relevant period is defined in paragraph 1(6)(a) of Schedule 4 to the Act. The term “applicant” is defined in paragraph 4 of Schedule 4 to the Act. As defined in paragraph 4 of Schedule 4 to the Act.
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[uk-legislation-uksi][uksi] 2025-10-30 The Compensation for Miscarriages of Justice (Alteration of Overall Compensation Limits) Order 2025
http://www.legislation.gov.uk/uksi/2025/1139/made
http://www.legislation.gov.uk/uksi/2025/1139/made The Compensation for Miscarriages of Justice (Alteration of Overall Compensation Limits) Order 2025 King's Printer of Acts of Parliament 2025-10-30 CRIMINAL LAW, ENGLAND AND WALES CRIMINAL LAW, NORTHERN IRELAND DEFENCE This Order increases the overall compensation limits that apply to compensation payable by the Secretary of State under section 133 of the Criminal Justice Act 1988 (“the 1988 Act”) and section 276 of the Armed Forces Act 2006 (“the 2006 Act”) for a particular miscarriage of justice. The Compensation for Miscarriages of Justice (Alteration of Overall Compensation Limits) Order 2025 2025 No. 1139 CRIMINAL LAW, ENGLAND AND WALES CRIMINAL LAW, NORTHERN IRELAND DEFENCE The Compensation for Miscarriages of Justice (Alteration of Overall Compensation Limits) Order 2025 Made 28th October 2025 Coming into force 29th October 2025 The Secretary of State makes this Order in exercise of the powers conferred by section 133A(7) of the Criminal Justice Act 1988 and section 276A(7) of the Armed Forces Act 2006 . In accordance with section 133A(8) of the Criminal Justice Act 1988 and section 373(3)(a) of the Armed Forces Act 2006 , a draft of this Order has been laid before, and approved by a resolution of, each House of Parliament. Citation, commencement and extent 1 1 This Order may be cited as the Compensation for Miscarriages of Justice (Alteration of Overall Compensation Limits) Order 2025. 2 This Order comes into force on the day after the day on which it is made. 3 Subject to paragraphs (4) and (5), this Order extends to England and Wales, Scotland and Northern Ireland. 4 Articles 2 and 4(1) extend to England and Wales and Northern Ireland only. 5 In section 384 of the Armed Forces Act 2006 (extent to Channel Islands, Isle of Man etc), any reference to that Act includes a reference to— a that Act as amended by article 3, and b article 4(2). Amendment to section 133A(5) of the Criminal Justice Act 1988 2 1 The Criminal Justice Act 1988 is amended as follows. 2 In section 133A (miscarriages of justice: amount of compensation)— a in subsection (5), after “overall compensation limit.” for “That” substitute “In the case of compensation payable by the Department of Justice in Northern Ireland, that” ; b after subsection (5) insert— 5A In the case of compensation payable by the Secretary of State, the overall compensation limit for the purposes of subsection (5) is— a £1,300,000 in a case to which section 133B applies, and b £650,000 in any other case. . Amendment to section 276A(5) of the Armed Forces Act 2006 3 1 The Armed Forces Act 2006 is amended as follows. 2 In section 276A (miscarriages of justice: amount of compensation)— a in subsection (5)(a), for “£1 million” substitute “£1,300,000” ; b in subsection (5)(b), for “£500,000” substitute “£650,000” . Transitional provisions 4 1 Article 2 has effect in relation to— a any application for compensation made under section 133(2) of the Criminal Justice Act 1988 on or after the date on which this Order comes into force, and b any application for compensation made under that section before the date on which this Order comes into force, but for which the assessor has not yet made an assessment of the amount of compensation under sections 133(4) and 133A of the Criminal Justice Act 1988. 2 Article 3 has effect in relation to— a any application for compensation made under section 276(3) of the Armed Forces Act 2006 on or after the date on which this Order comes into force, and b any application for compensation made under that section before the date on which this Order comes into force, but for which the assessor has not yet made an assessment of the amount of compensation under sections 276(5) and 276A of the Armed Forces Act 2006. Signed by authority of the Secretary of State Alex Davies-Jones Parliamentary Under Secretary of State Ministry of Justice 28th October 2025 Explanatory Note (This note is not part of the Order) This Order increases the overall compensation limits that apply to compensation payable by the Secretary of State under section 133 of the Criminal Justice Act 1988 (“ the 1988 Act ”) and section 276 of the Armed Forces Act 2006 (“ the 2006 Act ”) for a particular miscarriage of justice. Section 133 of the 1988 Act, which extends throughout the United Kingdom, makes provision for the payment of compensation to those who have suffered a miscarriage of justice following conviction in the civilian justice system. Section 133A(5), which extends to England and Wales and Northern Ireland only, specifies that the total amount of compensation payable must not exceed the overall compensation limit. Article 2 of this Order amends section 133A(5) to increase the overall compensation limit that applies to compensation payable by the Secretary of State from £1 million to £1,300,000 in cases where the person has been detained for at least 10 years and £500,000 to £650,000 in any other case. Compensation is payable by the Secretary of State in relation to eligible England and Wales cases and eligible Northern Ireland cases that are determined by the Secretary of State on national security grounds. This Order does not change the overall compensation limit specified in section 133A(5) that applies to compensation payable by the Department of Justice in Northern Ireland in the remainder of eligible Northern Ireland cases. Section 276 of the 2006 Act makes provision for the payment of compensation to those who have suffered a miscarriage of justice following conviction by the Court Martial. Article 3 of this Order amends section 276A(5) to increase the overall compensation limit that applies to compensation payable by the Secretary of State by the same amounts referred to above. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. 1988 c. 33 . Section 133A was inserted by section 61(1), (7) and (9) of the Criminal Justice and Immigration Act 2008 (c. 4) and has been amended by S.I. 2010/976 . 2006 c. 52 . Section 276A was inserted by paragraphs 10 and 30 of Schedule 25 to the Criminal Justice and Immigration Act 2008 (c. 4) . Section 373(3)(a) was amended by paragraphs 10 and 31 of Schedule 25 to the Criminal Justice and Immigration Act 2008 (c. 4) . Section 384 was amended by section 13(3) of the Armed Forces Act 2016 (c. 21) and S.I. 2012/2404 . Section 133B was inserted by section 61(1), (7) and (9) of the Criminal Justice and Immigration Act 2008 (c. 4) . Section 133 was amended by paragraph 16(4) of Schedule 2 and Schedule 3 to the Criminal Appeal Act 1995 (c. 35) , section 7(8) of the Terrorism Act 2000 (c. 11) , section 12(8) of the Prevention of Terrorism Act 2005 (c. 2) , paragraph 1 of Schedule 11 to the Constitutional Reform Act 2005 (c. 4) , paragraph 6(1) of the Schedule to the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) , section 61(1), (2), (3), (4), (5), (6) and (9) of the Criminal Justice and Immigration Act 2008 (c. 4) , section 29(3) and paragraph 3 of Schedule 7 to the Terrorism Prevention and Investigation Measures Act 2011 (c. 23) , section 175(1) of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) , section 15(2) of the Counter-Terrorism and Security Act 2015 (c. 6) , S.I. 2010/976 and 2023/1386 . Section 276 was amended by paragraphs 10 and 29 of Schedule 25 to the Criminal Justice and Immigration Act 2008 (c. 4) .
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[uk-legislation-uksi][uksi] 2025-10-30 The Immigration (Guernsey) Order 2025
http://www.legislation.gov.uk/uksi/2025/1138/made
http://www.legislation.gov.uk/uksi/2025/1138/made The Immigration (Guernsey) Order 2025 en King's Printer of Acts of Parliament 2025-10-30 IMMIGRATION This Order extends to the Bailiwick of Guernsey, with modifications, sections 70, 75 and 76 of the Nationality and Borders Act 2022. 2025 No. 1138 Immigration The Immigration (Guernsey) Order 2025 Made 15th October 2025 Coming into force in accordance with article 1(1) At the Court at Buckingham Palace, the 15thday of October 2025 Present, The King’s Most Excellent Majesty in Council His Majesty, in exercise of the powers conferred upon Him by section 86(4) of the Immigration Act 1971 , section 170(7) of the Immigration and Asylum Act 1999 and section 86(4) of the Nationality and Borders Act 2022 is pleased, by and with the advice of His Privy Council, to order as follows. Citation, commencement and interpretation 1 1 This Order may be cited as the Immigration (Guernsey) Order 2025 and comes into force on the day specified by regulations made by the States of Guernsey Committee for Home Affairs; and different dates may be specified for different provisions and for different purposes. 2 In this Order— “ the 1971 Act ” means the Immigration Act 1971, “ the 1999 Act ” means the Immigration and Asylum Act 1999, “ the 2022 Act ” means the Nationality and Borders Act 2022, “ Guernsey ” means the Bailiwick of Guernsey, and “ relevant Act ” means the 1971 Act, the 1999 Act, the Nationality, Immigration and Asylum Act 2002 or the 2022 Act. 3 For the purposes of construing provisions of a relevant Act as part of the law of Guernsey, a reference to an enactment which extends to Guernsey is to be construed as a reference to that enactment as it has effect in Guernsey, unless the context requires otherwise. Extension of the 2022 Act to Guernsey 2 1 Each provision of the 2022 Act specified in column 1 of Schedule 1 to this Order is extended to Guernsey with any modifications specified in column 2 of the schedule. 2 Schedule 2 to this Order sets out the provisions of the 2022 Act as extended to Guernsey. 3 In case of any conflict between Schedule 1 and Schedule 2, the former prevails. Richard Tilbrook Clerk of the Privy Council SCHEDULE 1 Extension and modification of provisions of the Nationality and Borders Act 2022 Article 2(1) Column 1 Column 2 Provision Modifications Section 70 of the 2022 Act. For this section, substitute the following section— “ 70. Visa penalty provisions: application of UK Immigration Rules to the Bailiwick (1) Subject to subsections (2) and (3), immigration rules making visa penalty provision under section 70 of this Act, as it has effect in the United Kingdom, have effect in and in relation to the Bailiwick as if they were rules made under section 3(2) of the 1971 Act. (2) The Committee may at any time by Order— (a) disapply subsection (1) in relation to any of those rules; or (b) modify the application of subsection (1) in relation to any of those rules, including providing for any or all of those rules to have effect in the Bailiwick subject to modifications specified in the Order. (3) Subject to subsection (4), and unless the context or an Order under subsection (2) requires otherwise, a reference in those rules— (a) to entry clearance is to be construed as a reference to entry clearance within the meaning given by section 33(1) of the 1971 Act; (b) to immigration officers is to be construed as a reference to immigration officers appointed for the purposes of the 1971 Act; (c) to the United Kingdom is to be construed as a reference to the Bailiwick; (d) to the Secretary of State is to be construed as a reference to the Committee; and (e) to any of the Immigration Acts is to be construed as a reference to that Act as it has effect in the Bailiwick. (4) Any amount of money payable under a visa penalty provision is to be paid into the Consolidated Fund of the United Kingdom. (5) For the avoidance of doubt, the Guernsey Statutory Instruments (Registration) Ordinance, 1949 applies to an Order under subsection (2). (6) For the avoidance of doubt, a reference in this section to the 1971 Act is a reference to that Act as it has effect in the Bailiwick. (7) In this section— “ the Bailiwick ” means the Bailiwick of Guernsey; and “ the Committee ” means the States of Guernsey Committee for Home Affairs.”” Section 75 (except subsection (5)) of the 2022 Act. In section 75(2) of the 2022 Act— (a) in section 11C as inserted in the 1971 Act— (i) for subsection (1), substitute the following subsection— “(1) In this Act— “ an ETA ” means an authorisation in electronic form to travel to the Bailiwick; “ any other British CTA territory ” means the United Kingdom, the Bailiwick of Jersey or the Isle of Man; “ the Bailiwick ” means the Bailiwick of Guernsey; and “ the Committee ” means the States of Guernsey Committee for Home Affairs.”; (ii) in subsections (2), (3) and (4), for “United Kingdom” in each place where the expression occurs, substitute “Bailiwick” ; (iii) in subsection (5)— (A) for “United Kingdom” in each place where it occurs, substitute “Bailiwick” ; (B) for “of the Islands” in paragraph (a), and “island” in paragraph (b) and the part of that subsection following paragraph (b), respectively, substitute “other British CTA territory” ; and for “Secretary of State”, substitute “Committee” ; and (iv) in subsection (6)(d)(ii), for “United Kingdom”, substitute “Bailiwick” ; (b) in section 11D as inserted in the 1971 Act— (i) in its heading, for “the Islands”, substitute “other British CTA territories” ; (ii) in subsection (1)— (A) for “Secretary of State”, substitute “Committee” ; (B) for “United Kingdom”, substitute “Bailiwick” ; and (C) for “of the Islands” and “island” respectively, substitute “other British CTA territory” ; (iii) in subsection (2)— (A) for “United Kingdom” in each place where it occurs, substitute “Bailiwick” ; (B) for “of the Islands” in paragraph (c), substitute “other British CTA territory” ; and (C) for “Secretary of State” in paragraph (d), substitute “Committee” ; and (iv) for subsections (3), (4), (5) and (6), substitute the following subsection— “(3) For the avoidance of doubt, the Guernsey Statutory Instruments (Registration) Ordinance, 1949 applies to regulations under subsection (1).”; (c) immediately after section 11D as inserted in the 1971 Act, insert the following section— “ 11E Arrangements for functions to be carried out by Secretary of State (1) The Committee may arrange for the Secretary of State to carry out any function in relation to ETAs conferred on any person (“the decision-maker”) by immigration rules under section 11C or regulations under section 11D. (2) A function carried out by or on behalf of the Secretary of State under an arrangement made under subsection (1) is for all purposes carried out by the decision-maker under the rules or regulations concerned; and every decision taken or other thing done by or on behalf of the Secretary of State under such an arrangement has the same effect as if taken or (as the case may be) done by the decision-maker. (3) An arrangement under subsection (1)— (a) may be varied or terminated at any time by the Committee, but without prejudice to anything done under the arrangement or to the making of a new arrangement; and (b) does not prevent the performance of the function by the decision-maker concerned. (4) For the avoidance of doubt, the decision-maker may be the Committee. (5) This section has effect for the removal of any doubt and is not to be construed as impliedly invalidating anything done in conformity with any other enactment or rule of law, either before or after this section comes into force.” In section 75(3) of the 2022 Act, in section 24A(1)(a) of the 1971 Act as amended, for “Kingdom”, substitute “Guernsey” . In section 75(4) of the 2022 Act— (a) for “place insert—”; and (b) for the definition of “an ETA”, substitute— “places, insert the following definitions in the appropriate order— ““any other British CTA territory” or “ other British CTA territory ” has the meaning given by section 11C;” ““ the Bailiwick ” has the meaning given by section 11C;” ““ the Committee ” has the meaning given by section 11C;” and ““ an ETA ” means an authorisation in electronic form to travel to the Bailiwick;” Section 76 of the 2022 Act. In section 76(1) of the 2022 Act, for “(8)”, substitute “(6)” . In section 76(2) of the 2022 Act— (a) in relation to the substituted section 40(1) of the 1999 Act— (i) for “Secretary of State”, substitute “States of Guernsey Committee for Home Affairs (“ the Committee ”);” and (ii) for “United Kingdom”, substitute “Bailiwick of Guernsey” ; and (b) in relation to the substituted section 40(1C)(a), for “United Kingdom” in each place where it occurs, substitute “Bailiwick of Guernsey” . For section 76(4) of the 2022 Act, in relation to section 40(4) of the 1999 Act, substitute the following subsection— “(4) For subsection (4), substitute the following subsection— “(4) No charge shall be payable on the basis that Case 1 applies in respect of any individual if the owner provides evidence that the individual produced an immigration document of the kind mentioned in subsection (1A) to the owner or an employee or agent of the owner when embarking on the ship or aircraft for the voyage or flight to the Bailiwick of Guernsey.”” In section 76(5) of the 2022 Act— (a) in section 40(4A) of the 1999 Act as inserted— (i) in paragraph (a), for “United Kingdom”, substitute “Bailiwick of Guernsey” ; and (ii) in paragraphs (b) and (c), immediately after “Secretary of State” in each place where the expression occurs, insert “, the Committee or an immigration officer” ; (b) in section 40(4B) of the 1999 Act as inserted— (i) in paragraph (a)— (A) immediately after “Secretary of State”, insert “, the Committee or an immigration officer” ; and (B) for “United Kingdom”, substitute “Bailiwick of Guernsey” ; and (ii) in paragraph (b), immediately after “Secretary of State”, insert “, the Committee or an immigration officer” . For section 76(6), (7) and (8) of the 2022 Act, in relation to section 40 of the 1999 Act, substitute the following subsection— “(6) For subsections (5), (6), (7), (8), (11) and (13), substitute the following subsections— “(5) For the purpose of subsection (4) or (4A)(a), an owner shall be entitled to regard a document as— (a) being what it purports to be unless its falsity is reasonably apparent; and (b) relating to the individual producing it unless it is reasonably apparent that it does not relate to him. (6) For the purposes of this section an individual requires an entry clearance if under the immigration rules he requires an entry clearance for entry into the Bailiwick of Guernsey. (7) In this section “ immigration document ” means— (a) a passport; and (b) a document which relates to a national of a country other than the United Kingdom and which is designed to serve the same purpose as a passport. (8) The Committee may by Order substitute a sum for the sum in subsection (1). (9) An Order under subsection (8) must be laid before a meeting of the States of Deliberation as soon as possible and, if at that or the next meeting the States of Deliberation resolve to annul it, ceases to have effect, but without prejudice to anything done under it or to the making of a new Order. (10) For the avoidance of doubt, the Guernsey Statutory Instruments (Registration) Ordinance, 1949 applies to an Order under subsection (8).”” SCHEDULE 2 Provisions of the Nationality and Borders Act 2022 as extended to Guernsey Article 2(2) Provision as extended to Guernsey “ 70. Visa penalty provisions: application of UK Immigration Rules to the Bailiwick (1) Subject to subsections (2) and (3), immigration rules making visa penalty provision under section 70 of this Act, as it has effect in the United Kingdom, have effect in the Bailiwick as if they were rules made under section 3(2) of the 1971 Act. (2) The Committee may at any time by Order— (a) disapply subsection (1) in relation to any of those rules; or (b) modify the application of subsection (1) in relation to any of those rules, including providing for any or all of those rules to have effect in the Bailiwick subject to modifications specified in the Order. (3) Subject to subsection (4), and unless the context or an Order under subsection (2) requires otherwise, a reference in those rules— (a) to entry clearance is to be construed as a reference to entry clearance within the meaning given by section 33(1) of the 1971 Act; (b) to immigration officers is to be construed as a reference to immigration officers appointed for the purposes of the 1971 Act; (c) to the United Kingdom is to be construed as a reference to the Bailiwick; (d) to the Secretary of State is to be construed as a reference to the Committee; and (e) to any of the Immigration Acts is to be construed as a reference to that Act as it has effect in the Bailiwick. (4) Any amount of money payable under a visa penalty provision is to be paid into the Consolidated Fund of the United Kingdom. (5) For the avoidance of doubt, the Guernsey Statutory Instruments (Registration) Ordinance, 1949 applies to an Order under subsection (2). (6) For the avoidance of doubt, a reference in this section to the 1971 Act is a reference to that Act as it has effect in the Bailiwick. (7) In this section— “ the Bailiwick ” means the Bailiwick of Guernsey; and “ the Committee ” means the States of Guernsey Committee for Home Affairs.” “ 75. Electronic travel authorisations (1) The Immigration Act 1971 is amended in accordance with subsections (2) to (4). (2) After Part 1 insert— “Part 1A Electronic Travel Authorisations 11C. Electronic travel authorisations (1) In this Act— “ an ETA ” means an authorisation in electronic form to travel to the Bailiwick of Guernsey; “any other British CTA territory” or “ other British CTA territory ” means the United Kingdom, the Bailiwick of Jersey or the Isle of Man; “ the Bailiwick ” means the Bailiwick of Guernsey; and “ the Committee ” means the States of Guernsey Committee for Home Affairs. (2) Immigration rules may require an individual of a description specified in the rules not to travel to the Bailiwick from any place (including a place in the common travel area), whether with a view to entering the Bailiwick or to passing through it without entering, unless the individual has an ETA that is valid for the individual’s journey to the Bailiwick. (3) The rules may not impose this requirement on an individual if— (a) the individual is a British citizen, or (b) the individual would, on arrival in the Bailiwick, be entitled to enter without leave. (4) In relation to an individual travelling to the Bailiwick on a local journey from a place in the common travel area, subsection (3)(b) applies only if the individual would also be entitled to enter without leave if the journey were instead from a place outside the common travel area. (5) The rules may impose the requirement mentioned in subsection (2) on an individual who— (a) travels to the Bailiwick on a local journey from a place in any other British CTA territory, and (b) has leave to enter or remain in that other British CTA territory, only if it appears to the Committee necessary to do so by reason of differences between the immigration laws of the Bailiwick and that other British CTA territory. (6) The rules must— (a) provide for the form or manner in which an application for an ETA may be made, granted or refused; (b) specify the conditions (if any) which must be met before an application for an ETA may be granted; (c) specify the grounds on which an application for an ETA must or may be refused; (d) specify the criteria to be applied in determining— (i) the period for which an ETA is valid; (ii) the number of journeys to the Bailiwick during that period for which it is valid (which may be unlimited); (e) require an ETA to include provision setting out the matters mentioned in paragraph (d)(i) and (ii); (f) provide for the form or manner in which an ETA may be varied or cancelled; (g) specify the grounds on which an ETA must or may be varied or cancelled. (7) The rules may also— (a) provide for exceptions to the requirement described in subsection (2), and (b) make other provision relating to ETAs. (8) Rules made by virtue of this section may make different provision for different cases or descriptions of case. 11D. Electronic travel authorisations and other British CTA territories (1) The Committee may by regulations make provision about the effects in the Bailiwick of the grant or refusal under the law of any other British CTA territory of an authorisation in electronic form to travel to that other British CTA territory. (2) Regulations under subsection (1) may in particular make provision about— (a) the recognition in the Bailiwick of an authorisation granted as mentioned in subsection (1); (b) the conditions or limitations that are to apply in the Bailiwick to such an authorisation; (c) the effects in the Bailiwick of such an authorisation being varied or cancelled under the law of any other British CTA territory; (d) the circumstances in which the Committee or an immigration officer may vary or cancel such an authorisation (so far as it applies in the Bailiwick). (3) For the avoidance of doubt, the Guernsey Statutory Instruments (Registration) Ordinance, 1949 applies to regulations under subsection (1). 11E. Arrangements for functions to be carried out by Secretary of State (1) The Committee may arrange for the Secretary of State to carry out any function in relation to ETAs conferred on any person (“the decision-maker”) by immigration rules under section 11C or regulations under section 11D. (2) A function carried out by or on behalf of the Secretary of State under an arrangement made under subsection (1) is for all purposes carried out by the decision-maker under the rules or regulations concerned; and every decision taken or other thing done by or on behalf of the Secretary of State under such an arrangement has the same effect as if taken or (as the case may be) done by the decision-maker. (3) An arrangement under subsection (1)— (a) may be varied or terminated at any time by the Committee, but without prejudice to anything done under the arrangement or to the making of a new arrangement; and (b) does not prevent the performance of the function by the decision-maker concerned. (4) For the avoidance of doubt, the decision-maker may be the Committee. (5) This section has effect for the removal of any doubt and is not to be construed as impliedly invalidating anything done in conformity with any other enactment or rule of law, either before or after this section comes into force.” (3) In section 24A (deception), in subsection (1)(a)— (a) after “obtain” insert “— (i)” ; (b) after “Guernsey” insert “, or” and the following subparagraph— (ii) an ETA.” (4) In section 33 (interpretation), in subsection (1), at the appropriate places, insert the following definitions in the appropriate order— “any other British CTA territory” or “ other British CTA territory ” has the meaning given by section 11C.” “ the Bailiwick ” has the meaning given by section 11C;” “ the Committee ” has the meaning given by section 11C;” “ an ETA ” means an authorisation in electronic form to travel to the Bailiwick;” (5) In section 126 of the Nationality, Immigration and Asylum Act 2002 (compulsory provision of physical data), in subsection (2), before paragraph (a) insert— “(za) an ETA (within the meaning of section 11C of the Immigration Act 1971 (electronic travel authorisations)),”” “ 76. Liability of carriers (1) Section 40 of the Immigration and Asylum Act 1999 (liability of carriers in respect of passengers) is amended in accordance with subsections (2) to (6). (2) For subsection (1) substitute— “(1) The States of Guernsey Committee for Home Affairs (“ the Committee ”) may charge the owner of a ship or aircraft the sum of £2,000 where— (a) an individual who would not, on arrival in the Bailiwick of Guernsey, be entitled to enter without leave arrives by travelling on the ship or aircraft, and (b) at least one of the Cases set out in subsections (1A) to (1C) applies. (1A) Case 1 is where, on being required to do so by an immigration officer, the individual fails to produce an immigration document which is valid and which satisfactorily establishes the individual’s identity and the individual’s nationality or citizenship. (1B) Case 2 is where— (a) the individual requires an entry clearance, (b) an entry clearance in electronic form of the required kind has not been granted, and (c) if required to do so by an immigration officer, the individual fails to produce an entry clearance in documentary form of the required kind. (1C) Case 3 is where— (a) the individual was required not to travel to the Bailiwick of Guernsey unless the individual had an authorisation in electronic form (“an ETA”) under immigration rules made by virtue of section 11C of the Immigration Act 1971 that was valid for the individual’s journey to the Bailiwick of Guernsey, and (b) the individual did not have such an ETA.” (3) Omit subsection (2). (4) For subsection (4), substitute the following the following subsection— “(4) No charge shall be payable on the basis that Case 1 applies in respect of any individual if the owner provides evidence that the individual produced an immigration document of the kind mentioned in subsection (1A) to the owner or an employee or agent of the owner when embarking on the ship or aircraft for the voyage or flight to the Bailiwick of Guernsey.” (5) After subsection (4) insert— “(4A) No charge shall be payable on the basis that Case 2 applies in respect of any individual if the owner provides evidence that— (a) the individual produced an entry clearance in documentary form of the required kind to the owner or an employee or agent of the owner when embarking on the ship or aircraft for the voyage or flight to the Bailiwick of Guernsey, (b) the owner or an employee or agent of the owner reasonably believed, on the basis of information provided by the Secretary of State, the Committee or an immigration officer in respect of the individual, that the individual did not require an entry clearance of the kind in question, (c) the owner or an employee or agent of the owner reasonably believed, on the basis of information provided by the Secretary of State, the Committee or an immigration officer, that an entry clearance in electronic form of the required kind had been granted, or (d) the owner or an employee or agent of the owner was unable to establish whether an entry clearance in electronic form of the required kind had been granted in respect of the individual and had a reasonable excuse for being unable to do so. (4B) No charge shall be payable on the basis that Case 3 applies in respect of any individual if the owner provides evidence that the owner or an employee or agent of the owner— (a) reasonably believed, on the basis of information provided by the Secretary of State, the Committee or an immigration officer in respect of the individual, that the individual was not required to have an ETA that was valid for the individual’s journey to the Bailiwick of Guernsey, (b) reasonably believed, on the basis of information provided by the Secretary of State, the Committee or an immigration officer, that the individual had such an ETA, or (c) was unable to establish whether the individual had such an ETA and had a reasonable excuse for being unable to do so.” (6) For subsections (5), (6), (7), (8), (11) and (13), substitute the following subsections— “(5) For the purpose of subsection (4) or (4A)(a), an owner shall be entitled to regard a document as— (a) being what it purports to be unless its falsity is reasonably apparent; and (b) relating to the individual producing it unless it is reasonably apparent that it does not relate to him. (6) For the purposes of this section an individual requires an entry clearance if under the immigration rules he requires an entry clearance for entry into the Bailiwick of Guernsey. (7) In this section “ immigration document ” means— (a) a passport; and (b) a document which relates to a national of a country other than the United Kingdom and which is designed to serve the same purpose as a passport. (8) The Committee may by Order substitute a sum for the sum in subsection (1). (9) An Order under subsection (8) must be laid before a meeting of the States of Deliberation as soon as possible and, if at that or the next meeting the States of Deliberation resolve to annul it, ceases to have effect, but without prejudice to anything done under it or to the making of a new Order. (10) For the avoidance of doubt, the Guernsey Statutory Instruments (Registration) Ordinance, 1949 applies to an Order under subsection (8).” (7) In consequence of the amendments made by this section— (a) for the heading of section 40 of the Immigration and Asylum Act 1999 substitute “Charge in respect of individual without proper documents or authorisation” ; (b) for the italic heading before section 40 of that Act substitute “Individuals without proper documents or authorisation” .” EXPLANATORY NOTE (This note is not part of the Order) This Order extends to the Bailiwick of Guernsey, with modifications, sections 70, 75 and 76 of the Nationality and Borders Act 2022. These provisions, as extended and modified— a give effect to UK Immigration Rules providing for visa penalties (subject to disapplication or modification by Order of the Committee for Home Affairs, b provide for Electronic Travel Authorisations to be required for travel to the Bailiwick of Guernsey, and c amend provisions in the Immigration and Asylum Act 1999 (previously extended to the Bailiwick of Guernsey with modifications) relating to the liability of carriers. 1971 c. 77 . 1999 c. 33 . 2022 c. 36 .
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[uk-legislation-uksi][uksi] 2025-10-31 The Financial Services and Markets Act 2023 (Mutual Recognition Agreement) (Switzerland) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1145/made
http://www.legislation.gov.uk/uksi/2025/1145/made The Financial Services and Markets Act 2023 (Mutual Recognition Agreement) (Switzerland) Regulations 2025 King's Printer of Acts of Parliament 2025-10-31 FINANCIAL SERVICES AND MARKETS These Regulations implement provisions in the Agreement between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation on Mutual Recognition in Financial Services done at Berne on 21st December 2023 (“the Agreement”). The Financial Services and Markets Act 2023 (Mutual Recognition Agreement) (Switzerland) Regulations 2025 2025 No. 1145 FINANCIAL SERVICES AND MARKETS The Financial Services and Markets Act 2023 (Mutual Recognition Agreement) (Switzerland) Regulations 2025 Made 30th October 2025 Coming into force 1st January 2026 The Treasury make these Regulations in exercise of the powers conferred by sections 24 and 84(2) of the Financial Services and Markets Act 2023 . In accordance with section 24 (7) of that Act , the Treasury have consulted the Bank of England, the FCA and the PRA . In accordance with sections 24(10) and 84(3) of that Act, a draft of these Regulations has been laid before, and approved by a resolution of, each House of Parliament . Part 1 Introductory provisions Citation, commencement, extent and interpretation 1 1 These Regulations may be cited as the Financial Services and Markets Act 2023 (Mutual Recognition Agreement) (Switzerland) Regulations 2025. 2 These Regulations come into force on 1st January 2026. 3 These Regulations extend to England and Wales, Scotland and Northern Ireland. 4 In these Regulations— “ Agreement ” means the Agreement between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation on Mutual Recognition in Financial Services concluded on 21st December 2023 at Berne , as amended from time to time; “ Covered Financial Services Supplier ” has the meaning given to that term in Article 1(b) of the Agreement; “ Covered Sectors ” has the meaning given to that term in Article 1(d) of the Agreement; “ FINMA ” means the Swiss Financial Market Supervisory Authority; “ FSMA 2023 ” means the Financial Services and Markets Act 2023 ; “ register ” means the register maintained by the FCA under regulation 8 ; “ registered service ” means a service which is included in the entry for a registered Swiss supplier on the register; “ registered Swiss supplier ” means a relevant Swiss supplier who is included in the register; “ relevant Swiss supplier ” means a person that satisfies the criteria specified in Annex 5 Section IV paragraph A.a to d. of the Agreement; “ the Tribunal ” has the meaning given to that term in section 417 (1) of FSMA 2000 ; “ UK regulator ” means— the FCA, or the PRA. 5 A requirement in these Regulations to give notice is a requirement to give notice in writing. 6 Any word or expression which is not defined in these Regulations and which is defined in the Agreement has the same meaning as in the Agreement. Part 2 Provisions relating to the FCA, the PRA and the Bank of England Interpretation of Part 2 2 In this Part, “ relevant regulator ” means— a the FCA, b the PRA, or c the Bank of England. Making of arrangements by the FCA and the PRA 3 The UK regulators may make such arrangements and take such action as they consider to be appropriate to ensure the effective implementation and functioning of the Agreement. Provision of advice, support and assistance by the FCA, the PRA and the Bank of England 4 1 Each relevant regulator must, at the request of the Treasury, provide such information, advice, support and assistance as the Treasury reasonably require to perform the Treasury’s functions in connection with the functioning of the Agreement. 2 A request under paragraph (1) must be made by notice, specifying— a the information, advice, support and assistance which must be provided, b the form and manner in which it must be provided, and c a reasonable period within which it must be provided. 3 Before issuing a notice under paragraph (2) , the Treasury must— a consult the relevant regulator to which the notice is addressed, and b have regard to the expertise of the relevant regulator and the need to protect its operational independence. 4 Each relevant regulator may otherwise provide such information, advice, support and assistance to the Treasury as they each consider appropriate in relation to the functioning of the Agreement. 5 In this regulation, the “ functioning of the Agreement ” includes— a the conduct of any dispute relating to the functioning of the Agreement, and b any winding down arrangements made under Article 22 (wind down arrangements) of the Agreement, including any equivalent arrangements made under Chapter 7 of Part 4 of these Regulations. Cooperation arrangements 5 The relevant regulators must take such steps as they consider appropriate to establish and maintain effective cooperation arrangements with FINMA— a to enable the relevant regulators to exercise their functions under these Regulations, b otherwise in relation to the supervision of Covered Financial Services Suppliers, as required by— i Chapter 4 of the Agreement, ii Annex 4 of the Agreement, and iii Annex 5 of the Agreement. Part 3 Insurance Notification form 6 A UK regulator may, by direction, specify the notification form required under Annex 4 Section IV paragraph B.e of the Agreement. Part 4 Investment Services Chapter 1 Interpretation Interpretation of Part 4 7 1 In this Part— “ RAO ” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ; “ regulated activity ” has the same meaning as in section 22 of FSMA 2000 (regulated activities) ; “ relevant client ” means any person resident or established in the United Kingdom that meets the criteria in Annex 5 Section V paragraph A.1, 2 or 3 of the Agreement; “ relevant financial instrument ” means any of the financial services instruments listed in Annex 5 Section VI paragraph A of the Agreement; “ relevant service ” means any of the services listed in Annex 5 Section III paragraph A.a. and b of the Agreement; “ UK branch ” means a place of business in the United Kingdom that forms a legally dependent part of the person and conducts directly all or some of the operations inherent in its business. 2 For the purposes of the definition of “relevant client” in paragraph (1) — a a person is “resident in the United Kingdom” if that person is normally resident in the United Kingdom, and b a person is “established in the United Kingdom” if that person— i is incorporated or formed under the law of a part of the United Kingdom, ii has its registered office or head office in the United Kingdom, or iii has a UK branch. Chapter 2 The register The register of registered Swiss suppliers 8 1 The FCA must maintain a register containing an entry for every relevant Swiss supplier that meets the conditions in paragraph (2) . 2 The conditions are that— a the relevant Swiss supplier has applied for entry in the register, and b FINMA has informed the FCA that it is satisfied that the relevant Swiss supplier— i fulfills the eligibility requirements for Covered Financial Services Suppliers in Annex 5 Section IV paragraph A.a to d and f of the Agreement, and ii is of good standing. 3 The FCA may require an application for registration to be submitted in such form as the FCA may direct. 4 The FCA must create an entry for a relevant Swiss supplier before the end of a period of 30 days beginning with the day on which— a the FCA is informed by FINMA that the conditions in regulation 8 (2) (b) are satisfied in relation to that relevant Swiss supplier, or b if later, the FCA has received from FINMA all the information required for the entry. 5 Each entry on the register must include such information as the FCA considers appropriate in relation to the relevant Swiss supplier and at least the following information— a its name, and b information as to the relevant services which the relevant Swiss supplier intends to provide in the United Kingdom, including, for each service— i a description of the category of relevant clients to whom the relevant service is to be provided, and ii a list of the relevant financial instruments in relation to which the relevant service is to be provided. 6 Where a relevant Swiss supplier has permission to carry out a regulated activity under Part 4A of FSMA 2000 (permission to carry on regulated activities), the entry for that relevant Swiss supplier on the register may not include any relevant service which is the same as or which corresponds to that regulated activity. Modifications to the register 9 1 The FCA must modify the entry for a registered Swiss supplier before the end of a period of 30 days beginning with the day on which the FCA receives the notification and information from FINMA on any changes needed to the information recorded in the entry. 2 The FCA must remove the entry of a registered Swiss supplier (“ A ”) from the register if— a the FCA is notified by FINMA that A has ceased to be a relevant Swiss supplier, b the FCA has imposed a prohibition on A prohibiting A from providing registered services, c the FCA has imposed a restriction on A in respect of all the registered services in its entry in the register and that restriction has the effect of prohibiting A from providing those registered services, d the FCA is notified by the PRA that it has imposed a prohibition on A prohibiting A from providing registered services, e the FCA is notified by the PRA that it has imposed a restriction on A in respect of all the registered services in its entry in the register and that restriction has the effect of prohibiting A from providing those registered services, or f the United Kingdom has withdrawn Recognition from a Covered Sector or a part thereof under Article 21 of the Agreement and the withdrawal covers all the registered services in its entry in the register. 3 If— a the FCA imposes or varies a prohibition or restriction on A, b the FCA is notified by the PRA that the PRA has imposed or varied a prohibition or restriction on A, or c the United Kingdom withdraws Recognition from a Covered Sector or a part thereof under Article 21 of the Agreement, in respect of a relevant service, a category of relevant financial instruments or a category of relevant clients, the FCA must modify A’s entry on the register to remove or modify any reference to that relevant service, category of relevant financial instruments or category of relevant clients. 4 The FCA must remove A’s entry in accordance with paragraph (2) or modify A’s entry in accordance with paragraph (3) as soon as reasonably practicable after the FCA is notified or otherwise becomes aware of the event requiring the removal or modification. 5 The FCA may modify A’s entry on the register— a at A’s request, b where A obtains a permission to carry out a regulated activity under Part 4A of FSMA 2000 (permission to carry on regulated activities), or c where FINMA or the PRA informs the FCA that any of the information recorded in the register is no longer accurate. 6 In this regulation— a a “ prohibition ” means a prohibition imposed— i in the case of the FCA, under regulation 15 or 41 , and ii in the case of the PRA, under regulation 16 or 41 , b a “ restriction ” means— i in the case of the FCA, a restriction imposed under regulation 15 or a restriction or condition imposed under regulation 41 , and ii in the case of the PRA, a restriction imposed under regulation 16 or a restriction or condition imposed under regulation 41 . Right to refer matters to the Tribunal 10 1 A relevant Swiss supplier who is aggrieved by the exercise by the FCA of its functions under regulation 8 (4) or 9 (1) , (2) (a) to (e) , (3) (a) or (b) , (4) or (5) may refer the matter to the Tribunal. 2 A reference by a relevant Swiss supplier under paragraph (1) is to be treated as being made under FSMA 2023 for the purposes of section 133 of FSMA 2000 (proceedings before Tribunal: general provision). Duty of PRA to disclose information relevant to the register 11 1 The PRA must, for the purpose of assisting the FCA to comply with its functions under regulations 8 and 9 — a if the PRA prohibits or restricts a registered Swiss supplier under regulation 16 or 41 , or imposes conditions on a registered Swiss supplier under regulation 41 , provide the FCA with any information relating to its prohibitions, restrictions or conditions which affects the information which must be included in the register under regulation 8 (5) (b) , and b where the FCA has notified the PRA that it considers it appropriate to include in the register information of a certain description, disclose to the FCA such information of that description as the PRA has in its possession. 2 The duty to provide information under this regulation does not apply to information which the PRA reasonably believes is in the possession of the FCA. 3 The duty to provide information under this regulation does not apply to information whose disclosure is prohibited by or under section 348 of FSMA 2000 (restrictions on disclosure of confidential information by FCA, PRA etc.) . 4 This regulation is without prejudice to any other power to disclose information. Publication of register 12 1 The FCA must publish the register on its official website and make it available for public inspection. 2 If a partnership or unincorporated association is entered on the register, its registration— a has effect in relation to activities carried on in the name of the partnership or unincorporated association, b is not affected by any change in the membership of the partnership or unincorporated association, and c if the partnership or unincorporated association is dissolved, continues to have effect in relation to any individual, partnership or unincorporated association which succeeds to the whole or substantially the whole of the business of the former partnership or unincorporated association. Chapter 3 Product intervention rules Product intervention powers 13 1 Section 137D of FSMA 2000 (FCA general rules: product intervention) has effect as if the references in that section to authorised persons included a reference to registered Swiss suppliers. 2 Rules made under section 137D of FSMA 2000 by virtue of paragraph (1) by the FCA are to be treated as if they were general rules made by the FCA under section 137A of FSMA 2000 (the FCA’s general rules) and, for these purposes, references in section 137A to “authorised persons” include a reference to registered Swiss suppliers. 3 Section 137T of FSMA 2000 (general supplementary powers) and Chapter 2 of Part 9A of FSMA 2000 (rules: modification, waiver, contravention and procedural provisions) apply in relation to rules made under section 137D of FSMA 2000 by virtue of paragraph (1) as they apply to general rules. 4 Sections 205 (public censure), 206 (financial penalties), 207 (proposal to take disciplinary measures), 208 (decision notice) and 380 (injunctions) of FSMA 2000 apply in relation to a requirement imposed by the FCA in rules made under section 137D of FSMA 2000 by virtue of paragraph (1), as if— a the requirement were a relevant requirement (within the meaning of section 204A or section 380(6) of FSMA 2000), and b the references in sections 205 to 208 of FSMA 2000 to an authorised person include a reference to a registered Swiss supplier. Chapter 4 Information gathering Obtaining information from a registered Swiss supplier 14 1 The UK regulator may, if any of the conditions in paragraph (2) are met, by notice given to a registered Swiss supplier, require that supplier— a to provide specified information or information of a specified description, or b to produce specified documents or documents of a specified description, and for these purposes, “ specified ” means specified in the notice. 2 The conditions in this paragraph are that— a the UK regulator reasonably considers that the dialogue between the UK regulator and FINMA under Annex 5 Section X paragraph A.3.b of the Agreement has not resolved a matter notified under Annex 5 Section X paragraph A.3.a of the Agreement, b the UK regulator reasonably considers that it may be necessary to take regulatory action (within the meaning of regulation 40 (1) ) under regulation 41 , c the UK regulator reasonably requires information or documents to ensure that a registered Swiss supplier is complying with the obligations under Annex 5 Section VIII paragraph A.1.c.i of the Agreement, or d the FCA reasonably requires information or documents in connection with the monitoring or enforcement of rules made by virtue of regulation 13 . 3 If paragraph (2)(a) or (b) applies, the UK regulator may only require information to be provided or documents to be produced under paragraph (1) where the information or documents concerned are reasonably required by the UK regulator for the purposes of determining— a whether the registered Swiss supplier— i has failed to comply with a requirement in Annex 5 of the Agreement, or ii in carrying on any activities relating to registered services, has caused or is likely to cause material harm to a relevant client, or the integrity or stability of the financial system of the United Kingdom, or b whether it is necessary for the FCA or the PRA to take regulatory action (within the meaning of regulation 40 (1) ) under Part 5 and what form that regulatory action should take. 4 The FCA or the PRA must notify FINMA of any requirement made under this regulation as soon as reasonably practicable after the requirement has been made. 5 If a UK regulator has the power to require a person to produce a document under paragraph (1) , that power is to be treated as a power under Part XI of FSMA 2000 for the purposes of section 175 of that Act. 6 Section 205 (public censure) of FSMA 2000 applies in relation to a requirement imposed by a UK regulator under paragraph (1) by virtue of the condition in paragraph (2) (a) or paragraph (2) (b) being met as if— a the requirement was a relevant requirement (within the meaning of section 204A of FSMA 2000), and b the references in section 205 of FSMA 2000 to an authorised person include a person who is a registered Swiss supplier. 7 In relation to statements under section 205 of FSMA 2000 as applied by paragraph (6) — a section 207 of FSMA 2000 applies as if— i references to an authorised person include a person who is a registered Swiss supplier, and ii subsections (1)(b) and (c), (1A), (3) and (4) were omitted, and b section 208 of FSMA 2000 applies as if— i references to an authorised person include a person who is a registered Swiss supplier, and ii subsections (1)(b) and (c), (1A), (3), (3A), (4)(b) and (c) and (5) were omitted. 8 A requirement imposed under paragraph (1) by virtue of the condition in paragraph (2) (c) or (2) (d) being met is to be treated as a requirement imposed under Part XI of FSMA 2000 for the purposes of section 177 of FSMA 2000 (offences). 9 Section 380 (injunctions) of FSMA 2000 applies in relation to a requirement imposed under paragraph (1) by virtue of the condition in paragraph (2) (c) or (2) (d) being met as if that requirement were a relevant requirement within the meaning of section 380(6) of FSMA 2000. Chapter 5 Imposition and variation of prohibitions and restrictions Imposition of prohibitions and restrictions by FCA 15 1 If both the condition in paragraph (2) and the condition in paragraph (3) are met, the FCA may— a prohibit the registered Swiss supplier from providing one or more registered services, or b impose either or both of the following restrictions— i a restriction in relation to the categories of relevant clients to whom a registered service may be provided; ii a restriction in relation to the categories of relevant financial instruments in relation to which a registered service may be provided. 2 The condition in this paragraph is that the FCA has reasonable grounds to suspect that the registered Swiss supplier— a has failed to comply with a requirement in Annex 5 of the Agreement, or b in carrying on any activities relating to registered services, has caused or is likely to cause material harm to— i a relevant client, or ii the integrity or stability of the financial system of the United Kingdom. 3 The condition in this paragraph is— a that the FCA reasonably considers that the dialogue between the FCA and FINMA under Annex 5 Section X paragraph A.3.b of the Agreement has not resolved a matter notified under Annex 5 Section X paragraph A.3.a of the Agreement, or b that— i it is not practicable for the FCA to notify FINMA of a matter under Annex 5 Section X paragraph A.3.a of the Agreement, and ii in the FCA’s view there are exceptional circumstances that require immediate action to mitigate a risk of material harm to— aa relevant clients, or bb the integrity or stability of the financial system of the United Kingdom. 4 The FCA may, on the basis of information provided by the registered Swiss supplier or FINMA— a vary a prohibition or restriction imposed by the FCA under this regulation, or b cancel such prohibition or restriction. 5 The FCA must consult the PRA before imposing, varying or cancelling a prohibition or a restriction imposed by the FCA under this regulation which relates to— a a registered Swiss supplier who would be a PRA-authorised person if it had permission under Part 4A of FSMA 2000 to carry on the registered services it provides, or b a registered Swiss supplier who is a member of a group which includes a PRA-authorised person. Imposition of prohibitions and restrictions by PRA 16 1 If the condition in paragraph (2) and the condition in paragraph (3) are met, the PRA may— a prohibit the registered Swiss supplier from providing one or more registered services, or b impose either or both of the following restrictions— i a restriction in relation to the categories of relevant clients to whom a registered service may be provided; ii a restriction in relation to the categories of relevant financial instruments in relation to which a registered service may be provided. 2 The condition in this paragraph is that the PRA has reasonable grounds to suspect that the registered Swiss supplier— a has failed to comply with a requirement in Annex 5 of the Agreement, or b in carrying on any activities relating to registered services, has caused or is likely to cause material harm to— i a relevant client, or ii the integrity or stability of the financial system of the United Kingdom. 3 The condition in this paragraph is— a that the PRA reasonably considers that the dialogue between the PRA and FINMA under Annex 5 Section X paragraph A.3.b of the Agreement has not resolved a matter notified under Annex 5 Section X paragraph A.3.a of the Agreement, or b that— i it is not practicable for the PRA to notify FINMA of a matter under Annex 5 Section X paragraph A.3.a of the Agreement, and ii in the PRA’s view, there are exceptional circumstances that require immediate action to mitigate a risk of material harm to— aa relevant clients, or bb the integrity or stability of the financial system of the United Kingdom. 4 The PRA may, on the basis of information provided by the registered Swiss supplier or FINMA— a vary a prohibition or restriction imposed by the PRA under this regulation, or b cancel such prohibition or restriction. 5 The PRA must consult the FCA before imposing, varying or cancelling a prohibition or a restriction imposed by the PRA under this regulation. Exercise of prohibition or restriction power: procedure 17 1 This regulation applies to the exercise of the UK regulator’s power to impose, vary or cancel a prohibition or a restriction in relation to a registered Swiss supplier (“ A ”). 2 The imposition, variation or cancellation of a prohibition or restriction takes effect— a immediately, if the notice given under paragraph (4) states that this is the case, b on such date as may be specified in the notice, or c when the matter to which the notice relates is no longer open to review, if the notice neither specifies— i that the imposition, variation or cancellation takes effect immediately, nor ii the date on which the imposition, variation or cancellation takes effect. 3 The imposition, variation or cancellation of a prohibition or restriction may be expressed to take effect immediately or on a specified date only if the UK regulator concerned, having regard to the ground on which it is exercising its power to impose, vary or cancel the prohibition or restriction, reasonably considers that it is necessary for the imposition, variation or cancellation of the prohibition or restriction to take effect immediately or on that date. 4 If the UK regulator proposes to impose, vary or cancel a prohibition or restriction, it must give A notice. 5 A notice under this regulation must— a give details of the imposition, variation or cancellation of the prohibition or restriction, b state the UK regulator’s reasons for the imposition, variation or cancellation of the prohibition or restriction, c inform A that A may make representations to the UK regulator within such period as may be specified in the notice (whether or not A has referred the matter to the Tribunal), d inform A when the imposition, variation or cancellation of the prohibition or restriction takes effect, e if A’s entry on the register will be removed or modified because of the prohibition or restriction— i give details of the removal or modification of the entry on the register, and ii specify the date on which the removal or modification takes effect, and f inform A of A’s right to refer the matter to the Tribunal. 6 The UK regulator may extend the period allowed under the notice for making representations. 7 If, having considered any representations made by A, the UK regulator decides— a to impose, vary or cancel the prohibition or restriction in the way proposed, or b if the prohibition or restriction has taken effect, not to cancel the imposition of the prohibition or restriction, it must give A notice. 8 If, having considered any representations made by A, the UK regulator decides— a not to impose, vary or cancel the prohibition or restriction in the way proposed, b to vary the prohibition or restriction in a way other than the way proposed, c to impose a prohibition instead of the restriction, d to impose a different restriction, or e to cancel a prohibition or restriction which has effect, it must give A notice. 9 A notice under paragraph (7) must inform A of A’s right to refer the matter to the Tribunal. 10 A notice under paragraph (8) (b) , (c) or (d) must comply with paragraph (5) . 11 If a notice informs A of A’s right to refer a matter to the Tribunal, it must give an indication of the procedure on such a reference. 12 For the purposes of paragraph (2) (c) , whether a matter is open to review is to be determined in accordance with section 391(8) of FSMA 2000. 13 A UK regulator must inform FINMA of any decision it takes under paragraph (7) or (8) as soon as practicable. Consequences of breach of prohibition or restriction 18 1 Sections 205 (public censure), 207 (proposal to take disciplinary measures) and 208 (decision notice) of FSMA 2000 apply in relation to a prohibition or restriction imposed by a UK regulator under regulation 15 or 16 as if the references in sections 205, 207 and 208 to an authorised person include a person who is a registered Swiss supplier with the following modifications. 2 For the purposes of paragraph (1) — a a prohibition or restriction imposed by a UK regulator under regulation 15 or 16 is to be treated as a requirement imposed under FSMA 2000 for the purposes of section 204A of FSMA 2000; b section 207 of FSMA 2000 applies as if subsections (1)(b) and (c), (1A), (3) and (4) were omitted; and c section 208 of FSMA 2000 applies as if subsections (1)(b) and (c), (1A), (3), (3A), (4)(b) and (c) and (5) were omitted. References to the Tribunal 19 1 A registered Swiss supplier who is aggrieved by the exercise by the FCA of its power under regulation 15 or the PRA of its power under regulation 16 may refer the matter to the Tribunal. 2 A reference by a registered Swiss supplier under paragraph (1) is to be treated as being made under FSMA 2023 for the purposes of section 133 of FSMA 2000 (proceedings before Tribunal: general provision). Chapter 6 Amendments to the RAO Amendments to the RAO 20 1 In article 72 of the RAO (exclusions applicable to specified activities: overseas persons) , after paragraph (12) insert— 13 This article does not apply to the carrying on of an activity of any of the kinds specified in this article (“the RAO activity”) by an overseas person where— a the overseas person is registered in the register in respect of a description of— i relevant services, ii a category of relevant clients, and iii one or more relevant financial instruments, and b the activity which the overseas person may carry on by virtue of their registration in the register is in substance the same as the RAO activity, taking account of the financial instruments in relation to which, and the clients in relation to whom, the RAO activity may be carried out. 14 In paragraph (13)— “ register ” is the register maintained by the FCA in accordance with regulation 8 of the Financial Services and Markets Act 2023 (Mutual Recognition Agreement) (Switzerland) Regulations 2025 (the “ Switzerland Regulations ”); “ relevant client ” has the same meaning as in Part 4 of the Switzerland Regulations; “ relevant financial instrument ” has the same meaning as in Part 4 of the Switzerland Regulations; “ relevant service ” has the same meaning as in Part 4 of the Switzerland Regulations. . 2 After article 72 of the RAO, insert— Swiss mutual recognition firms 72ZA 1 There is excluded from articles 14, 21, 25, 37, 40, 53(1) and 64 any activity carried on by a registered Swiss supplier, to the extent that the activity is being carried on— a to provide a registered service to the relevant clients and in relation to the relevant financial instruments specified in the entry for that registered Swiss supplier in the register, and b by the registered Swiss supplier from Switzerland. 2 In paragraph (1) — “ register ” is the register maintained by the FCA in accordance with regulation 8 of the Financial Services and Markets Act 2023 (Mutual Recognition Agreement) (Switzerland) Regulations 2025 (the “ Switzerland Regulations ”); “ registered service ” has the same meaning as in Part 1 of the Switzerland Regulations; “ registered Swiss supplier ” has the same meaning as in Part 1 of the Switzerland Regulations; “ relevant client ” has the same meaning as in Part 4 of the Switzerland Regulations; “ relevant financial instrument ” has the same meaning as in Part 4 of the Switzerland Regulations. . Chapter 7 Wind down regime Section 1 Exemption from the general prohibition Interpretation of Chapter 7 21 In this Chapter— “ pre-existing contract ” means a contract entered into before the relevant day; “ relevant day ” means, except in regulation 25(2) and (4), the day on which— for a person, that person first satisfies the conditions in regulation 24 (1) or (2) , or the Agreement ceases to be in force, whichever occurs first. Exemption from the general prohibition under Part 2 of FSMA 2000 22 1 A person to whom this regulation applies is an exempt person for the purposes of section 19(1)(b) of FSMA 2000 (the general prohibition). 2 The exemption has effect in respect of a regulated activity which, when carried on by that person, satisfies the requirements in regulation 25 . 3 The person is also exempt in respect of a regulated activity which that person needs to carry on— a in order to transfer the property, rights or liabilities under a pre-existing contract to— i a registered Swiss supplier, or ii an authorised person (as defined by section 31 of FSMA 2000), or b in order to comply with a requirement imposed by or under an enactment. Application of regulation 22 23 1 Regulation 22 applies to a person who— a is authorised, under the law of Switzerland, to carry on an activity which is— i regulated in Switzerland, and ii in substance the same as the regulated activity in respect of which the exemption under regulation 22 has effect, and b satisfies the conditions in regulation 24 (1) or (2) . 2 Regulation 22 applies to such a person for the period determined in accordance with regulation 37 . Conditions to be satisfied for regulation 22 to apply 24 1 The conditions are that— a either— i a prohibition or restriction has been imposed on the person concerned (“ P ”) by the FCA under regulation 15 , or by the PRA under regulation 16 , and the prohibition or restriction is in force, ii a prohibition or restriction has been imposed on P by the FCA or the PRA under regulation 41 and the prohibition or restriction is in force, or iii Recognition of a Covered Sector or part thereof has been withdrawn under Article 21 of the Agreement and the withdrawal covers a registered service specified in P’s entry in the register, b the FCA has modified or removed P’s entry in the register accordingly under regulation 9 , and c as a result of the modification or removal of P’s entry in the register, the exclusion in article 72ZA of the RAO no longer applies to P in relation to a regulated activity. 2 The conditions are that— a the Agreement is terminated, b as a result of the Agreement ceasing to be in force, the exclusion in article 72ZA of the RAO no longer applies to the person concerned (“ P ”) in relation to a regulated activity, and c P was carrying on that regulated activity in the United Kingdom otherwise than through a UK branch immediately before the Agreement ceased to be in force. Regulated activities in respect of which regulation 22 has effect 25 1 A regulated activity in respect of which, when carried on by a person (“ P ”), the exemption in regulation 22 has effect is one— a which is necessary for the performance of a pre-existing contract, b which is carried on for the purposes of performing such a contract, c which is not a regulated activity P is permitted to carry on by virtue of section 31(1)(a) of FSMA 2000 (authorised persons) , d which is being carried on by a Swiss firm which is not established in the United Kingdom, and e to which paragraph (2) applies. 2 This paragraph applies to a regulated activity carried on by a person (“ P ”) who— a satisfies the conditions in regulation 24 (1) or (2) , and b immediately before the relevant day would have required permission to carry on the regulated activity in the United Kingdom but for the operation of the exclusion in article 72ZA of the RAO. 3 For the purposes of paragraph (1) , the performance of a pre-existing contract includes the performance of an obligation under that contract which is contingent or conditional. 4 In paragraph (2), “the relevant day” is the day immediately before the day on which, as applicable— a the FCA modifies or removes P’s entry under regulation 9 , or b the Agreement ceases to be in force. Section 2 Exemption from the general prohibition: procedure, etc. Notification by a person to whom regulation 22 applies 26 1 A person— a to whom regulation 22 applies, and b who satisfies the conditions in regulation 24 (1) or (2) , must, as soon as reasonably practicable following the relevant day, notify the PRA and the FCA that the person is carrying on a regulated activity in the United Kingdom. 2 For the purposes of paragraph (1) , the notification must— a be made in such manner, and b contain, or be accompanied by, such information, as the regulator to whom the notification is being given may direct. Information to be supplied by a person to whom regulation 22 applies 27 1 A person to whom regulation 22 applies (“ P ”) must notify the UK regulator if— a an authorisation for P by FINMA is varied, or is to be varied, b an authorisation for P by FINMA is cancelled, or is to be cancelled, c P becomes the subject of a criminal investigation or criminal proceedings, or d any insolvency or winding-up proceedings under Swiss law have commenced in relation to P. 2 A notification under paragraph (1) must be made as soon as reasonably practicable following the day on which it comes to P’s attention that an event referred to in that paragraph has occurred. 3 For the purposes of paragraph (1) , the notification must— a be made in such manner, and during such period, and b contain, or be accompanied by, such information, as the UK regulator may direct. 4 In this regulation, references to the UK regulator are, subject to a direction of the PRA or the FCA given with the consent of the other, references to— a the PRA, if, were P to be an authorised person (within the meaning of section 31 of FSMA 2000 (authorised persons)), P would be carrying on one or more PRA-regulated activities (within the meaning of section 22A of FSMA 2000 (designation of activities requiring prudential regulation by PRA)), or b the FCA, in any other case. Information to be supplied to a party to a contract with a person to whom regulation 22 applies 28 1 A person to whom regulation 22 applies (“ P ”) must notify each party to a pre-existing contract with P that P is— a an exempt person for the purposes of section 19(1)(b) of FSMA 2000 and the reasons why P is an exempt person, b not regulated by the FCA or the PRA, and c regulated by FINMA. 2 The notification must be made as soon as reasonably practicable following the day on which regulation 22 first applies to P. 3 P must notify each party to a pre-existing contract with P if there is a material change, on or after the relevant day, including in respect of— a the protection afforded to assets held by P in relation to the performance of the contract, b the mechanisms for resolving disputes in connection with the contract, or c the schemes available for compensation in relation to the contract. 4 The UK regulator may issue guidance in respect of compliance with an obligation under this regulation. 5 For the purposes of paragraph (4) , reference to the UK regulator is a reference to— a the FCA, or b in a case where the regulated activities in relation to which regulation 22 has effect consist of or include a PRA-regulated activity (within the meaning of section 22A of FSMA 2000 (designation of activities requiring prudential regulation by PRA)), the PRA. Publication of information provided under regulations 27 or 28 29 1 A UK regulator may, if it considers it is appropriate to do so, publish information provided under regulation 27 or 28 . 2 Publication under this regulation is to be in such manner as the UK regulator considers appropriate. Section 3 Exemption from the general prohibition: regulation Variation and cancellation of an exemption under regulation 22 30 1 In respect of a person to whom regulation 22 applies, a UK regulator may— a direct that the exemption in regulation 22 does not apply in relation to a specified regulated activity, b direct that regulation 22 ceases to apply to that person on a specified date, or c direct that regulation 22 is to apply subject to specified conditions, and for these purposes, “ specified ” means specified in the direction. 2 The conditions which a UK regulator may impose under paragraph (1) (c) may include any requirement which the UK regulator could impose under section 55L (imposition of requirements by FCA) or 55M (imposition of requirements by PRA) of FSMA 2000 on an authorised person with permission under Part 4A of FSMA 2000 to carry on the regulated activity in relation to which the exemption under regulation 22 applies. 3 A UK regulator may only exercise the power in paragraph (1) (a) , (b) or (c) if it considers that the exercise of the power is necessary or expedient— a for the prevention, detection, investigation or prosecution of a criminal offence, b for the protection of consumers, c in the case of the exercise of the power by the FCA, to advance one or more of its operational objectives, or d in the case of the exercise of the power by the PRA— i to advance its general objective, or ii so far as relating to the activity of effecting or of carrying out contracts of insurance, to enable the PRA to act in a way which is both compatible with, and advances, its insurance objective. 4 The objectives of the FCA and the PRA referred to in paragraph (3) are their objectives as specified in Part 1A of FSMA 2000. 5 Before exercising the power in paragraph (1) — a the PRA must consult the FCA, b the FCA must consult the PRA if the regulated activities in relation to which regulation 22 has effect consist of or include a PRA-regulated activity (within the meaning of section 22A of FSMA 2000 (designation of activities requiring prudential regulation by PRA)), and c the UK regulator must inform FINMA. Variation and cancellation: procedure 31 1 In an urgent case, if a UK regulator decides to exercise the power under regulation 30 (1) , it must give a decision notice to the person to whom the decision relates. 2 A decision notice under paragraph (1) must state when the decision takes effect (which may be immediately upon receipt). 3 In any other case, a UK regulator must— a first give the person a warning notice if the UK regulator proposes to exercise the power under regulation 30 (1) , and b then give the person a decision notice once the UK regulator has decided to exercise the power under regulation 30 (1) . 4 For the purposes of this regulation, an urgent case is one in which the UK regulator reasonably considers it necessary for the decision to take effect at the time stated in the decision notice. Application of Part 26 of FSMA 2000 (notices) 32 1 Part 26 of FSMA 2000 (notices) applies with respect to the giving of notices under regulation 31 as it applies with respect to the giving of notices under FSMA 2000, with the following modifications. 2 Part 26 of FSMA 2000 applies as if— a each reference to “ the Act ” includes a reference to these Regulations, b each reference to a section of FSMA 2000 were a reference to that section as applied by these Regulations, and c each reference to a regulator or to the regulator concerned were a reference to the UK regulator giving the notice. 3 Section 387 of FSMA 2000 (warning notices) applies as if subsections (1A) and (3A) were omitted. 4 Section 388 of FSMA 2000 (decision notices) applies as if subsections (1A) and (2) were omitted. 5 Section 390 of FSMA 2000 (final notices) applies as if— a subsections (3), (4), (5) and (6) were omitted, and b subsections (8), (9) and (10) were omitted. 6 Section 391 of FSMA 2000 (publication) applies as if— a in subsection (1) the reference to a warning notice falling within subsection (1ZB) were to a warning notice given under regulation 31 (3) (a) , b subsections (1ZA) and (1ZB) were omitted, c subsections (4A) , (5) and (5A) were omitted, d subsections (8), (8A) , (8AA) , (8B) , (8C) , (8D) , (8E) and (8G) were omitted, and e subsection (10) were omitted. 7 Sections 391A to 391F (special provisions relating to publication) of FSMA 2000 do not apply. 8 Section 392 of FSMA 2000 (application of sections 393 and 394) applies as if for paragraphs (a) and (b) there were substituted— a a warning notice given in accordance with regulation 31 (3) (a) of the Financial Services and Markets Act 2023 (Mutual Recognition Agreement) (Switzerland) Regulations 2025, and b a decision notice given in accordance with regulation 31(3)(b) of the Financial Services and Markets Act 2023 (Mutual Recognition Agreement) (Switzerland) Regulations 2025. . 9 Section 395 of FSMA 2000 (the FCA’s and PRA’s procedures) applies as if— a in subsection (1), for paragraph (a) there were substituted— a a decision which gives rise to an obligation to give a warning notice or a decision notice, , b in subsection (1) paragraphs (b) to (d) were omitted, c in subsection (2)(a), for “any of paragraphs (a) to (c)”, there were substituted “paragraph (a)” , d subsection (2)(b) and (c) were omitted, e subsections (3) and (4) were omitted, f in subsection (9)— i “a supervisory notice, or” , and ii “other than a warning notice or decision notice relating to a decision of the PRA that is required by a decision of the FCA of the kind mentioned in subsection (1)(b)(ii)” were omitted, g subsection (9A) were omitted, and h subsection (13) were omitted. Variation and cancellation: appeal 33 1 A person in respect of whom the power under regulation 30 (1) is exercised may refer the decision to exercise the power to the Tribunal. 2 A reference by a person under paragraph (1) is to be treated as being made under FSMA 2023 for the purposes of section 133 of FSMA 2000 (proceedings before Tribunal: general provision). Product intervention rules 34 1 Product intervention rules (within the meaning of section 137D of FSMA 2000) apply to a person to whom regulation 22 applies (a “regulation 22 person”) as they apply to an authorised person (within the meaning of section 31 of FSMA 2000). 2 Product intervention rules made by the FCA which apply to a regulation 22 person by virtue of paragraph (1) are to be treated as if they were general rules made by the FCA under section 137A of FSMA 2000 (the FCA’s general rules). 3 Section 137T of FSMA 2000 (general supplementary powers) and Chapter 2 of Part 9A of FSMA 2000 apply in relation to rules which apply to a regulation 22 person by virtue of paragraph (1) as they apply to general rules made by the FCA under section 137A of FSMA 2000. Information gathering 35 The following provisions of FSMA 2000 apply in respect of a person to whom regulation 22 applies, as they apply in respect of an authorised person (within the meaning of section 31 of that Act)— a section 165 (regulators’ power to require information: authorised persons etc.); b section 166 (reports by skilled persons); c section 175 (information and documents: supplemental provisions); d section 177 (offences), in so far as it relates to a requirement imposed by the FCA in connection with a rule which applies to a person to whom regulation 22 applies by virtue of regulation 34(1). Disciplinary measures 36 1 Section 205 (public censure) of FSMA 2000 applies in relation to the requirements specified in paragraph (5) as if— a each of those requirements were a relevant requirement (within the meaning of section 204A of FSMA 2000), and b the references in section 205 of FSMA 2000 to an authorised person include a person to whom regulation 22 applies. 2 In relation to statements under section 205 of FSMA 2000 as applied by paragraph (1) — a section 207 of FSMA 2000 applies as if— i references to an authorised person include a person to whom regulation 22 applies, and ii subsections (1)(b) and (c), (1A), (3) and (4) were omitted, and b section 208 of FSMA 2000 applies as if— i references to an authorised person include a person to whom regulation 22 applies, and ii subsections (1)(b) and (c), (1A), (3), (3A), (4)(b) and (c), and (5) were omitted. 3 Sections 206 (financial penalties) and 380 (injunctions) of FSMA 2000 apply to requirements specified in paragraph (5) (c) and (d) (i) as if— a each of those requirements were a relevant requirement (within the meaning of section 204A and section 380(1) of FSMA 2000), and b the references in section 206 of FSMA 2000 to an authorised person include a person to whom regulation 22 applies. 4 In relation to penalties under section 206 of FSMA 2000 as applied by paragraph (3) — a section 207 of FSMA 2000 applies as if— i references to an authorised person include a person to whom regulation 22 applies, and ii subsections (1)(a) and (c), (1A), (2) and (4) were omitted, and b section 208 of FSMA 2000 applies as if— i references to an authorised person include a person to whom regulation 22 applies, and ii subsections (1)(a) and (c), (1A), (2), (3A), (4)(a) and (c), and (5) were omitted. 5 The requirements referred to in paragraphs (1) and (3) are— a the requirements imposed by regulations 26 , 27 and 28 , b any restrictions or conditions imposed under regulation 30 , c any rules made under section 137D of FSMA 2000 which apply to a person to whom regulation 22 applies by virtue of regulation 34 , or d any requirements imposed under— i section 165, 166 or 175 of FSMA 2000 as applied by regulation 35 (a), (b) and (c), or ii section 177 of FSMA 2000, as applied by regulation 35(d), in connection with a rule made under section 137D of FSMA 2000 which applies to a person to whom regulation 22 applies by virtue of regulation 34(1). Section 4 Exemption from the general prohibition: duration Period during which regulation 22 is to apply 37 For the purposes of regulation 23 (2) , the period is one that begins with the relevant day and ends after five years or, if earlier, with the day— a on which the person is given a decision notice in respect of a decision under regulation 30 (1) (b) , or b on which the person ceases to be authorised, under the law of Switzerland, to carry on an activity which is regulated by FINMA. Section 5 General provisions Directions 38 Any power to give directions under this Chapter includes the power— a to give different directions in relation to different persons or categories of person; b to vary or revoke a previous direction. Chapter 8 Amendments to the Financial Promotion Order Amendments to the Financial Promotion Order 39 In Part 6 of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 , after article 73ZA insert— Berne Financial Services Agreement suppliers 73ZB 1 The financial promotion restriction does not apply to any communication which is communicated— a by a registered Swiss supplier in relation to registered services, b to persons whom the registered Swiss supplier reasonably believes are relevant clients, and c in relation to relevant financial instruments, where the registered services, relevant clients and relevant financial instruments are all included in the entry for that registered Swiss supplier in the register. 2 In this article— “ the register ” is the register maintained by the FCA in accordance with regulation 8 of the Swiss Regulations; “ registered service ” has the same meaning as in Part 1 of the Financial Services and Markets Act 2023 (Mutual Recognition Agreement) (Switzerland) Regulations 2025 (“ the Swiss Regulations ”); “ registered Swiss supplier ” has the same meaning as in Part 1 of the Swiss Regulations; “ relevant client ” has the same meaning as in regulation 7 of the Swiss Regulations; “ relevant financial instrument ” means any of the financial instruments listed in Annex 5 Section VI paragraphs A(a), (b) and (d) of the Agreement between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation on Mutual Recognition in Financial Services concluded on 21st December 2023 at Berne. . Part 5 Prudential Safeguard Interpretation of Part 5 40 1 In this Part— “ authorised person ” has the meaning given in section 31 of FSMA 2000; “ regulatory action ” means one or more measures described in regulation 41 (4) ; “ relevant client ” has the meaning given in regulation 7 . 2 In this Part— a references to “registered Swiss suppliers” include any person who was a registered Swiss supplier immediately before— i the FCA has, under regulation 9 , removed the entry of that person from the register or modified that entry, ii Recognition of a Covered Sector or Sectors or part thereof has been withdrawn under Article 21 of the Agreement, or iii the Agreement has ceased to be in force, b references to “ registered services ”, in relation to a registered Swiss supplier, include any service which was included in the entry on the register for the registered Swiss supplier before that entry was removed or modified. Prudential measures 41 1 This regulation applies where a UK regulator reasonably considers that— a the circumstances described in paragraph 1 of Article 20 of the Agreement have arisen, b those circumstances cannot adequately be addressed under any other provision of these Regulations, and c paragraph (2) applies. 2 This paragraph applies where— a the FCA reasonably considers that it is appropriate to take regulatory action which advances one or more of its operational objectives, or b the PRA reasonably considers that it is appropriate to take regulatory action which— i advances its general objective, or ii so far as relating to the activities of effecting contracts of insurance, or of carrying out contracts of insurance, is compatible with its insurance objective. 3 The objectives of the FCA and the PRA referred to in paragraph (2) are their objectives as specified in Part 1A of FSMA 2000. 4 Where this regulation applies, a UK regulator may, for the Agreement purposes, take one or more of the following measures— a impose specified restrictions on the provision of a relevant service to a specified category of relevant clients, or in relation to a specified category of financial instruments by— i a registered Swiss supplier, ii a specified class of registered Swiss suppliers, or iii all registered Swiss suppliers, b make the continued provision of a registered service (“the relevant registered service”) by— i a registered Swiss supplier, ii a specified class of registered Swiss suppliers, or iii all registered Swiss suppliers, subject to specified conditions, c prohibit— i a registered Swiss supplier, ii a specified class of registered Swiss suppliers, or iii all registered Swiss suppliers, from continuing to provide from Switzerland one or more registered services in the United Kingdom. 5 The conditions which a UK regulator may impose under paragraph (4) (b) may include any requirement which the UK regulator could impose under section 55L (imposition of requirements by FCA) or 55M (imposition of requirements by PRA) of FSMA 2000 on an authorised person with permission under Part 4A of FSMA 2000 to carry on a regulated activity which is the same as or equivalent to the relevant registered service. 6 Before taking any action under paragraph (4) in relation to any person (“ P ”)— a the PRA must consult the FCA, b the FCA must consult the PRA if, were P to be an authorised person (within the meaning of section 31 of FSMA 2000), P would be carrying on one or more PRA-regulated activities (within the meaning of section 22A of FSMA 2000), c the UK regulator must notify the Treasury of their proposals in accordance with paragraph (7) . 7 A notification under paragraph (6) must— a identify— i the circumstances which have arisen, and ii why those circumstances cannot be addressed adequately under the other provisions of these Regulations, and b specify the measure the UK regulator wishes to take, identifying— i each registered Swiss supplier in relation to which the measure will be taken, and ii any restrictions, conditions or prohibitions the UK regulator wishes to impose, and c state the UK regulator’s reasons for proposing to take the measures specified under sub-paragraph (b) . 8 The UK regulator is not required to include any information in a notification under paragraph (7) if that information is a protected item under section 413 of FSMA 2000 (protected items). 9 Once the Treasury have been notified in accordance with paragraph (7) , the UK regulator concerned may take the proposed regulatory action by giving notice in accordance with regulation 42 . 10 In this regulation— a a UK regulator is acting for the “Agreement purposes” when it is taking a measure for one or more of the purposes set out in paragraph 1 of Article 20 of the Agreement, b “specified”, except in paragraph (3), means specified in the notice given by the UK regulator under regulation 42 . Prudential measures: procedure 42 1 When the UK regulator proposes to impose a measure under regulation 41 (4) , the UK regulator must give notice to each registered Swiss supplier (“ A ”) to which the measure will apply. 2 The measure takes effect— a immediately, if the notice given under paragraph (1) states that this is the case, or b on such date as may be specified in the notice. 3 The imposition of a measure may be expressed to take effect immediately only if the UK regulator concerned, having regard to the ground on which it is taking the measure, reasonably considers that it is necessary for the measure to take effect immediately. 4 A notice given under paragraph (1) must— a give details of the measure being imposed, b state the UK regulator’s reasons for taking the measure, c inform A that A may make representations to the UK regulator within such period as may be specified in the notice, d state the date on which the measure comes into effect, e if A’s entry on the register will be removed or modified because of the measure, specify— i details of the removal or modification of the entry on the register, and ii the date on which the removal or modification takes effect, f state the consequences of A failing to comply with the measure, and g inform A of A’s right to refer the matter to the Tribunal. 5 The UK regulator may extend the period allowed under the notice for making representations. 6 If, having considered any representations made in response to the notice given under paragraph (1) , the UK regulator decides— a to take the proposed measure, b to vary the proposed measure, or c if the measure has been imposed, not to rescind the proposed measure, the UK regulator must give a notice of its decision to A, informing A of A’s right to refer the matter to the Tribunal. 7 A notice given under paragraph (6) must— a contain the information referred to in paragraph (4) (a) , (b) , (d) and (f) , and b inform A of A’s right to refer the matter to the Tribunal. 8 If, having considered any representations made in response to the notice given under paragraph (1) , the UK regulator decides— a not to impose the proposed measure, or b to rescind the proposed measure, the UK regulator must give notice of its decision to A. 9 If a notice given under this regulation informs A of A’s right to refer a matter to the Tribunal, it must also inform A of the procedure on such a reference. 10 The UK regulator must inform FINMA of any measure imposed under regulation 41 as soon as possible. References to the Tribunal 43 1 A registered Swiss supplier who is aggrieved by the exercise by the UK regulator of their powers under regulation 41 may refer the matter to the Tribunal. 2 A reference by a registered Swiss supplier under paragraph (1) is to be treated as being made under FSMA 2023 for the purposes of section 133 of FSMA 2000 (proceedings before Tribunal: general provision). Consequences of breach of prohibition, condition or restriction 44 1 Sections 205 (public censure), 207 (proposal to take disciplinary measures) and 208 (decision notice) of FSMA 2000 apply in relation to a prohibition, condition or restriction imposed by a UK regulator under regulation 41 (4) , as if— a the prohibition, condition or restriction were a relevant requirement (within the meaning of section 204A of FSMA 2000), and b the references in sections 205, 207 and 208 to an authorised person include a person who is a registered Swiss supplier with the following modifications. 2 Section 207 of FSMA 2000 applies as if subsections (1)(b) and (c), (1A), (3) and (4) were omitted. 3 Section 208 of FSMA 2000 applies as if subsections (1)(b) and (c), (1A), (3), (3A), (4)(b) and (c), and (5) were omitted. Lilian Greenwood Stephen Morgan Two of the Lords Commissioners of His Majesty’s Treasury 30th October 2025 Explanatory Note (This note is not part of the Regulations) These Regulations implement provisions in the Agreement between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation on Mutual Recognition in Financial Services done at Berne on 21st December 2023 (“ the Agreement ”). Part 2 makes provision in relation to the FCA, the PRA and the Bank of England. Regulation 3 provides that the FCA and the PRA may make arrangements and take action for the effective implementation and functioning of the Agreement. Regulation 4 (1) to (3) provides that the FCA, the PRA and the Bank of England must supply the Treasury with information, advice, support and assistance that the Treasury request in relation to its functions under the Agreement. Regulation 4 (4) provides that the FCA, the PRA and the Bank of England may also supply the Treasury with information, advice, support and assistance that they each consider appropriate in relation to the functioning of the Agreement. Regulation 5 concerns co-operation between the FCA, the PRA and the Swiss Financial Market Supervisory Authority. Part 3 of these Regulations makes provision for the FCA and the PRA to specify the notification form required for market access under Annex 4 of the Agreement. Part 4 of these Regulations makes provision as to the obligations of, and the powers given to, the FCA and the PRA in relation to registered Swiss suppliers. It also makes supplemental amendments to financial services legislation to implement market access commitments in Annex 5 of the Agreement. In Part 4 — Regulation 7 (1) in Chapter 1 defines the terms “relevant service”, “relevant client” and “relevant financial instrument” by referring to Annex 5 of the Agreement. Chapter 2 requires the FCA to establish a register of Swiss investment services suppliers (the “Register”) and sets out the procedures and conditions for registration. Regulation 11 requires the PRA to supply the FCA with information relevant to the Register. Chapter 3 ensures that provisions of FSMA 2000 on product intervention apply (with modifications) to Swiss investment services firms on the Register (“Registered Swiss Suppliers”). Chapter 4 gives powers to the FCA and the PRA to obtain information from Registered Swiss Suppliers provided certain specified conditions are met. Chapter 5 gives powers to the FCA and the PRA to prohibit or restrict a Registered Swiss Supplier, provided certain specified conditions are met, from providing one or more registered services, or from providing those services to certain categories of relevant clients, or in relation to relevant financial instruments. Chapter 6 makes supplemental amendments to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ( S.I. 2001/544 ) (the “RAO”). It specifies an exemption to the overseas persons exclusion in article 72 of the RAO (exclusions applicable to specified activities: overseas persons) for a Registered Swiss Supplier when it carries on an activity included in its Register entry. It also inserts an exclusion to the RAO for any activity carried on by a Registered Swiss Supplier which is included in its Register entry. Chapter 7 provides a regime by which a person who ceases to be permitted to carry on a regulated activity in the United Kingdom by virtue of being registered in the Register may continue, for a limited time, to carry on such an activity while contracts relating to that activity are wound down. Chapter 8 makes supplemental amendments to the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 ( S.I. 2005/1529 ). It specifies an exemption to the financial promotion restriction for communications by Registered Swiss Suppliers in relation to registered services. Part 5 provides that the FCA and the PRA may take measures against a Registered Swiss Supplier for prudential reasons, as permitted by Article 20 of the Agreement (prudential safeguard). This safeguard applies where the FCA or the PRA consider that circumstances have arisen which cannot otherwise be addressed adequately under the Agreement, because of factors such as the need for urgent action, or the severity of the circumstances in question. In these circumstances, the FCA or the PRA may impose restrictions, conditions or a prohibition in relation to the provision of a registered service in the United Kingdom. A de minimis impact assessment of the effect of this instrument is available from HM Treasury, 1 Horseguards Road, London, SW1A 2HQ and is published alongside this instrument on www.legislation.gov.uk . 2023 c. 29 . Section 24(7) requires the Treasury to consult the “relevant regulator”. Section 24(11) deals with the meaning of “relevant regulator” and in this case the Bank of England and the FCA and the PRA are relevant regulators. Section 24(10) provides that regulations made under section 24 are subject to the affirmative procedure. For the meaning of “the affirmative procedure”, see section 84(3). That agreement, as signed on that date, is available at https://assets.publishing.service.gov.uk/media/658172b7fc07f3000d8d444d/UK-Switzerland_FS_MRA.pdf . A person unable to access the document electronically can arrange access to a hard copy by inspection free of charge at 1 Horse Guards Road, London SW1A 2HQ. The definition of “the Tribunal” was inserted in section 417 (1) of FSMA 2000 by S.I. 2010/22 . “FSMA 2000” is defined in section 80(1) of FSMA 2023. S.I. 2001/544 . Section 22 of FSMA 2000 was amended by section 7 (1) of the Financial Services Act 2012 (c. 21), section 27 (4) of the Financial Guidance and Claims Act 2018 (c. 10), section 69 (3) of FSMA 2023 (c. 29) and S.I. 2018/135 . Section 133 of FSMA 2000 was amended by section 23 of the Financial Services Act 2012 (c. 21), and paragraph 83 of Schedule 9 to the Crime and Courts Act 2013 (c. 22) and substituted by S.I. 2010/22 . There are other amendments but none are relevant. Section 348 was amended by paragraph 18 of Schedule 12 to the Financial Services Act 2012 (c. 21) , paragraph 5 of Schedule 8 to the Financial Services (Banking Reform) Act 2013 (c. 33) , and paragraph 45(3) of Schedule 2 to the Bank of England and Financial Services Act 2016 (c. 14) . There are other amendments which are not relevant to this instrument. Substituted by section 24(1) of the Financial Services Act 2012 (c. 21) . Substituted by section 24(1) of the Financial Services Act 2012. Amended by section 24(1) of the Financial Services Act 2012 (c. 21) . Section 205 of FSMA 2000 was amended by paragraph 11 of Schedule 9 to the Financial Services Act 2012 (c. 21) and S.I. 2025/22 . Section 206 of FSMA 2000 was repealed in part by section 10 of the Financial Services Act 2010 (c. 28) and was amended by paragraph 12 of Schedule 9 to the Financial Services Act 2012 (c. 21) and S.I. 2025/22 . There is another amendment but it is not relevant. Section 207 of FSMA 2000 was amended by paragraph 18 of Schedule 2 to the Financial Services Act 2010, paragraph 14 of Schedule 9 to the Financial Services Act 2012 and S.I. 2025/22 . Section 208 of FSMA 2000 was amended by paragraph 19 of Schedule 2 to Financial Services Act 2010, paragraph 15 of Schedule 9 to Financial Services Act 2012 and S.I. 2025/22 . Section 380 of FSMA 2000 was amended by paragraph 19 of Schedule 9 to the Financial Services Act 2012, S.I. 2013/1773 and S.I. 2019/632 . There are other amendments but none are relevant. Section 204A of FSMA 2000 was inserted by paragraph 10 of Part 4 of Schedule 9 to the Financial Services Act 2012 (c. 21). Section 175 of FSMA 2000 was amended by paragraph 13 of Schedule 12 to the Financial Services Act 2012 (c. 21) and paragraph 5 of the Schedule to the Investigatory Powers (Amendments) Act 2024 (c. 9) . Section 177 of FSMA 2000 was amended by paragraph 8 to Schedule 18 of the Financial Services Act 2012 (c. 21) , S.I. 2001/1090 and S.I. 2016/680 . Article 72 has been amended by S.I. 2003/1476 , 2006/2383 , 2009/1342 , 2015/910 , 2017/488 , 2019/680 . There are other amendments to article 72 which are not relevant to this instrument. Section 31 of FSMA 2000 was amended by section 11 of the Financial Service Act 2012 (c. 21) and S.I. 2018/1149 . Section 22A of FSMA 2000 was inserted by section 9 of the Financial Services Act 2012 (c. 21) . Section 55M of FSMA 2000 was inserted by section 11(2) of the Financial Services Act 2012 (c. 21) . Section 55M of FSMA 2000 was inserted by section 11(2) of the Financial Services Act 2012 (c. 21) . Section 387 of FSMA 2000 was amended by paragraph 26 of Schedule 9 to the Financial Services Act 2012 (c. 21) . Subsection (1A) was inserted by paragraph 26 of Schedule 9 to the Financial Services Act 2012. Subsection (3A) was inserted by paragraph 26 of Schedule 9 to the Financial Services Act 2012. Section 388 of FSMA 2000 was amended by paragraph 27 of Schedule 9 to the Financial Services Act 2012. Subsection (1A) was inserted by paragraph 27 of Schedule 9 to the Financial Services Act 2012. Subsection (2) was inserted by paragraph 27 of Schedule 9 to the Financial Services Act 2012. Section 390 of FSMA 2000 was amended by paragraph 29 of Schedule 9 to the Financial Services Act 2012 and S.I. 2010/22 . Section 391 of FSMA was amended by section 13 and paragraph 28 of Schedule 2 to the Financial Services Act 2010 (c. 28) , paragraph 30 of Schedule 9 of the Financial Services Act 2012 and S.I. 2019/632 . Subsection (1ZB) was inserted by paragraph 30 of Schedule 9 to the Financial Services Act 2012. Subsection (1ZA) was inserted by paragraph 30 of Schedule 9 to the Financial Services Act 2012. Subsection (4A) was inserted by S.I. 2013/3115 . Subsection (5A) was inserted by section 24(2) of the Financial Services Act 2012. Subsection (8A) was inserted by S.I. 2014/2879 . Subsection (8AA) was inserted by S.I. 2019/632 . Subsection (8B) was inserted by S.I. 2016/680 . Subsection (8C) was inserted by S.I. 2016/715 . Subsection (8D) was inserted by S.I. 2017/1127 . Subsection (8E) was inserted by S.I. 2018/135 . Subsection (8G) was inserted by S.I. 2019/1043 . Section 391A of FSMA 2000 was amended by paragraph 50 of Schedule 2 to the Data Protection Act 2018 (c. 12) , S.I. 2013/3115 , S.I. 2015/1755 and S.I. 2019/632 . Section 391F of FSMA 2000 was inserted by S.I. 2019/1043 . Section 395 of FSMA 2000 was amended by paragraph 34 of Schedule 9 to the Financial Services Act 2012 (c. 21) . Subsection (9A) was inserted by paragraph 34(10) of Schedule 9 to the Financial Services Act 2012 (c. 21) . Section 133 of FSMA 2000 was amended by section 23 of the Financial Services Act 2012 (c. 21), and paragraph 83 of Schedule 9 to the Crime and Courts Act 2013 (c. 22), S.I. 2010/22 . There are other amendments but none are relevant. Section 166 of FSMA 2000 was amended by paragraph 5 of Schedule 12 to the Financial Services Act 2012 (c. 21) . There are other amendments but none are relevant. S.I. 2005/1529 . That agreement, as signed on that date, is available at https://assets.publishing.service.gov.uk/media/658172b7fc07f3000d8d444d/UK-Switzerland_FS_MRA.pdf . A person unable to access the document electronically can arrange access to a hard copy by inspection free of charge at 1 Horse Guards Road, London SW1A 2HQ.
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[uk-legislation-uksi][uksi] 2025-10-31 The Registrar of Companies (Fees) (Amendment) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1137/made
http://www.legislation.gov.uk/uksi/2025/1137/made The Registrar of Companies (Fees) (Amendment) Regulations 2025 2025-10-31 These Regulations amend the Registrar of Companies (Fees) (Companies, Overseas Companies and Limited Liability Partnerships) Regulations 2012 (S.I. 2012/1907) (“the 2012 Regulations”), the Registrar of Companies (Fees) (Registrar of Overseas Entities) Regulations 2024 (“the 2024 Regulations”), the Registrar of Companies (Fees) (Limited Partnerships and Newspaper Proprietors) Regulations 2009 (S.I. 2009/2392) (“the 2009 Regulations”) and the Registrar of Companies (Fees) (European Economic Interest Grouping and European Public Limited-Liability Company) Regulations 2012 (S.I. 2012/1908) (“the EEIG Regulations 2012”), which require payment of fees in respect of the performance of functions relating to the receipt of documents by the registrar and their registration. These Regulations amend existing fees to reflect increased costs due to the implementation of the Economic Crime and Corporate Transparency Act 2023 and the Economic Crime (Transparency and Enforcement) Act 2022. These Regulations reduce some fees to reflect changes in the cost of providing particular services and also revoke some fees so that in the future they can be set administratively by the registrar. 2025 No. 1137 FEES AND CHARGES COMPANIES LIMITED LIABILITY PARTNERSHIPS The Registrar of Companies (Fees) (Amendment) Regulations 2025 Made 28th October 2025 Laid before Parliament 30th October 2025 Coming into force 1st February 2026 The Secretary of State makes these Regulations in exercise of the powers conferred by sections 1063(1) to (3A) and 1292(1)(c) of the Companies Act 2006 . Part 1 INTRODUCTORY Citation, commencement and extent 1 1 These Regulations may be cited as the Registrar of Companies (Fees) (Amendment) Regulations 2025. 2 These Regulations come into force on 1st February 2026. 3 These Regulations extend to England and Wales, Scotland and Northern Ireland. Part 2 AMENDMENTS TO THE REGISTRAR OF COMPANIES (FEES) (COMPANIES, OVERSEAS COMPANIES AND LIMITED LIABILITY PARTNERSHIPS) REGULATIONS 2012 Interpretation 2 In this Part “the 2012 Regulations” means the Registrar of Companies (Fees) (Companies, Overseas Companies and Limited Liability Partnerships) Regulations 2012 . Companies 3 The column headed “amount of fee” in the table in paragraph 8 of Schedule 1 to the 2012 Regulations (the performance of functions relating to the receipt of documents by the registrar and their registration) is amended as follows— in sub-paragraph (a)— in paragraph (i) for “£50.00” substitute “£100.00”; in paragraph (ii) for “£78.00” substitute “£156.00”; in paragraph (iii) for “£50.00” substitute “£100.00”; in paragraph (iv) for “£71.00” substitute “£124.00”; in sub-paragraph (b) for “£71.00” substitute “£124.00”; in sub-paragraph (c) for “£71.00” substitute “£124.00”; in sub-paragraph (d) for “£71.00” substitute “£124.00”; in sub-paragraph (e) for “£71.00” substitute “£124.00”; in sub-paragraph (f)— in paragraph (i) for “£62.00” substitute “£110.00”; in paragraph (ii) for “£34.00” substitute “£50.00”; in paragraph (iii) of sub-paragraph (g) for “£83.00” substitute “£85.00”; in paragraph (ii) of sub-paragraph (h) for “£15.00” substitute “£14.00”; in sub-paragraph (i)— in paragraph (i) for “£44.00” substitute “£18.00”; in paragraph (ii) for “£33.00” substitute “£13.00”; in sub-paragraph (j)— in paragraph (i) for “£136.00” substitute “£89.00”; in paragraph (ii) for “£33.00” substitute “£20.00”; in paragraph (iii) for “£136.00” substitute “£89.00”; in paragraph (iv) for “£33.00” substitute “£20.00”; in sub-paragraph (k)— in paragraph (i) for “£136.00” substitute “£89.00”; in paragraph (ii) for “£33.00” substitute “£20.00”; in paragraph (iii) for “£136.00” substitute “£89.00”; in paragraph (iv) for “£33.00” substitute “£20.00”; in sub-paragraph (l) for “£468.00” substitute “£341.00”. Limited Liability Partnerships 4 The column headed “amount of fee” in the table in paragraph 10 of Schedule 1 to the 2012 Regulations is amended as follows— in sub-paragraph (a)— in paragraph (i) for “£78.00” substitute “£156.00”; in paragraph (ii) for “£50.00” substitute “£100.00”; in paragraph (iv) for “£71.00” substitute “£124.00”; in sub-paragraph (b)— in paragraph (i) for “£62.00” substitute “£110.00”; in paragraph (ii) for “£34.00” substitute “£50.00”; in paragraph (iii) of sub-paragraph (c) for “£83.00” substitute “£85.00”; in paragraph (ii) of sub-paragraph (d) for “£15.00” substitute “£14.00”; in sub-paragraph (e)— in paragraph (i) for “£44.00” substitute “£18.00”; in paragraph (ii) for “£33.00” substitute “£13.00”; in sub-paragraph (f) for “£468.00” substitute “£341.00”. Overseas Companies 5 The column headed “amount of fee” in the table in paragraph 11 of Schedule 1 to the 2012 Regulations is amended as follows— in sub-paragraph (a) for “£71.00” substitute “£124.00”; in sub-paragraph (d)— in paragraph (i) for “£62.00” substitute “£110.00”; in paragraph (ii) for “£34.00” substitute “£50.00”. Revocation 6 Regulations 4 and 5 of, and Schedule 2 to, the 2012 Regulations (fees payable in respect of the inspection or provision of copies of documents kept by the registrar) are revoked. Part 3 AMENDMENTS TO THE REGISTRAR OF COMPANIES (FEES) (REGISTER OF OVERSEAS ENTITIES) REGULATIONS 2024 Register of Overseas Entities 7 The column headed “amount of fee” in the table in paragraph 1 of the Schedule to the Registrar of Companies (Fees) (Registrar of Overseas Entities) Regulations 2024 (fees payable) is amended as follows— in sub-paragraph (a)— in paragraph (i) for “£467.00” substitute “£528.00”; in paragraph (ii) for “£234.00” substitute “£250.00”; in sub-paragraph (b)— in paragraph (i) for “£467.00” substitute “£268.00”; in paragraph (ii) for “£234.00” substitute “£134.00”; in sub-paragraph (c)— in paragraph (i) for “£940.00” substitute “£602.00”; in paragraph (ii) for “£706.00” substitute “£301.00”. Part 4 AMENDMENTS TO THE REGISTRAR OF COMPANIES (FEES) (LIMITED PARTNERSHIPS AND NEWSPAPER PROPRIETORS) REGULATIONS 2009 Interpretation 8 In this Part “the 2009 Regulations” means the Registrar of Companies (Fees) (Limited Partnerships and Newspaper Proprietors) Regulations 2009 . Limited Partnerships 9 For the table in paragraph 5 of Schedule 1 to the 2009 Regulations (the performance of functions relating to the registration of documents by the registrar) substitute— Matter in relation to which the fee is payable Amount of fee For the registration of a limited partnership under section 8 of the LP Act; £124.00 On the making of an application to the registrar under section 8D of the LP Act. £30.00 . Scottish Limited Partnerships 10 In the column headed “amount of fee” in the table in paragraph 5A of Schedule 1 to the 2009 Regulations, for “£62.00” substitute “£110.00” . Scottish Qualifying Partnerships 11 The column headed “amount of fee” in the table in paragraph 5B of Schedule 1 to the 2009 Regulations is amended as follows— in sub-paragraph (a) for “£71.00” substitute “£124.00”; in sub-paragraph (b) for “£62.00” substitute “£110.00”. Revocation 12 Regulation 4 of, and Schedule 2 to, the 2009 Regulations (fees payable in respect of the inspection or provision of copies of documents kept by the registrar relating to limited partnerships) are revoked. Part 5 AMENDMENTS TO THE REGISTRAR OF COMPANIES (FEES) (EUROPEAN ECONOMIC INTEREST GROUPING AND EUROPEAN PUBLIC LIMITED LIABILITY COMPANY) REGULATIONS 2012 Interpretation 13 In this Part “the EEIG Regulations 2012” means the Registrar of Companies (Fees) (European Economic Interest Grouping and European Public Limited-Liability Company) Regulations 2012 . UK Economic Interest Groupings and European Economic Interest Grouping establishments 14 In the column headed “amount of fee” in the table in paragraph 5(b) of Schedule 1 to the EEIG Regulations 2012, for “£71.00” substitute “£124.00”. UK Societates 15 In the column headed “amount of fee” in the table in paragraph 6(b) of Schedule 1 to the EEIG Regulations 2012, for “£71.00” substitute “£124.00”. Revocation 16 Regulation 4 of, and Schedule 2 to, the EEIG Regulations 2012 (fees payable in respect of the inspection or provision of copies of documents kept by the registrar relating to UKEIGs and EEIG establishments) are revoked. Part 6 TRANSITIONAL PROVISION 17 1 A fee payable in respect of a relevant document is the fee that was payable before 1st February 2026. 2 In this regulation, “relevant document” means a document— a in respect of which a fee which is amended by these Regulations is payable, and b which was delivered to the registrar before 1st February 2026 but which is registered on or after that date. Blair McDougall Parliamentary Under-Secretary of State Department for Business and Trade 28th October 2025 Explanatory Note (This note is not part of the Regulations) These Regulations amend the Registrar of Companies (Fees) (Companies, Overseas Companies and Limited Liability Partnerships) Regulations 2012 ( S.I. 2012/1907 ) (“the 2012 Regulations”), the Registrar of Companies (Fees) (Registrar of Overseas Entities) Regulations 2024 (“the 2024 Regulations”), the Registrar of Companies (Fees) (Limited Partnerships and Newspaper Proprietors) Regulations 2009 ( S.I. 2009/2392 ) (“the 2009 Regulations”) and the Registrar of Companies (Fees) (European Economic Interest Grouping and European Public Limited-Liability Company) Regulations 2012 ( S.I. 2012/1908 ) (“the EEIG Regulations 2012”), which require payment of fees in respect of the performance of functions relating to the receipt of documents by the registrar and their registration. These Regulations amend existing fees to reflect increased costs due to the implementation of the Economic Crime and Corporate Transparency Act 2023 and the Economic Crime (Transparency and Enforcement) Act 2022. These Regulations reduce some fees to reflect changes in the cost of providing particular services and also revoke some fees so that in the future they can be set administratively by the registrar. Regulations 3, 4 and 5 amend fees in paragraphs 8, 10 and 11 of Schedule 1 to the 2012 Regulations in relation to incorporation fees, annual confirmation statements fees and registration fees for companies, overseas companies and limited liability partnerships. Regulation 6 revokes provisions relating to fees payable in respect of the inspection or provision of documents kept by the registrar. Regulation 7 amends the fees in paragraph 1 of Schedule 1 to the 2024 Regulations concerning the registration of overseas entities, the delivery to the registrar of the statements and information required and the application for removal from the list of registered overseas entities. Regulation 9 amends paragraph 5 of Schedule 1 to the 2009 Regulations, increasing the fees for registration of a limited partnership and specifying the fee for making an application to the registrar under section 8D of the Limited Partnerships Act 1907. Regulation 10 amends paragraph 5A of Schedule 1 to the 2009 Regulations, increasing the fees for the registration of all relevant documents in respect of a Scottish limited partnership delivered during a relevant period on the registration of a confirmation statement. Regulation 11 amends paragraph 5B of Schedule 1 to the 2009 Regulations, increasing the fees for the registration of a Scottish qualifying partnership and the registration of all relevant documents in respect of a Scottish qualifying partnership delivered during a relevant period on the registration of a confirmation statement. Regulation 12 revokes provisions in the 2009 Regulations relating to fees payable in respect of the inspection or provision of copies of documents kept by the registrar relating to limited partnerships. Regulation 14 amends paragraph 5 of Schedule 1 to the EEIG Regulations 2012, increasing the fee for the registration of UK economic interest grouping establishments. Regulation 15 amends paragraph 6 of Schedule 1 to the EEIG Regulations 2012, increasing the fee for the registration of a public company by the conversion of a UK Societates. Regulation 16 revokes provisions in the EEIG Regulations 2012 relating to fees payable in respect of the inspection or provision of copies of documents kept by the registrar. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen. 2006 c. 46 . Section 1063 was amended by section 93 of the Economic Crime and Corporate Transparency Act 2023 (c. 56) . S.I. 2012/1907 , amended by S.I. 2016/621 and 2024/155 . S.I. 2024/153 , which has been amended by S.I. 2024/454 . S.I. 2009/2392 , which has been amended by S.I. 2011/319 , 2015/971 , 2016/621 , 2018/1299 and 2024/155 . S.I. 2012/1908 , which has been amended by S.I. 2016/621 , 2018/1298 , 2018/1299 and 2024/155 .
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[uk-legislation-uksi][uksi] 2025-10-31 The Football Governance Act 2025 (Commencement No. 1) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1134/made
http://www.legislation.gov.uk/uksi/2025/1134/made The Football Governance Act 2025 (Commencement No. 1) Regulations 2025 King's Printer of Acts of Parliament 2025-10-31 SPORTS GROUNDS AND SPORTING EVENTS, ENGLAND AND WALES These Regulations bring into force specified provisions of the Football Governance Act 2025 (c. 21) (“the Act”) on 1st November 2025. They are the first commencement regulations made under the Act. Certain provisions came into force on Royal Assent by virtue of section 100(2). 2025 No. 1134 (C. 54) SPORTS GROUNDS AND SPORTING EVENTS, ENGLAND AND WALES The Football Governance Act 2025 (Commencement No. 1) Regulations 2025 Made 23rd October 2025 The Secretary of State makes these Regulations in exercise of the power conferred by section 100(1) of the Football Governance Act 2025 . Citation 1 These Regulations may be cited as the Football Governance Act 2025 (Commencement No. 1) Regulations 2025. Provisions coming into force on 1st November 2025 2 The following provisions of the Football Governance Act 2025 come into force on 1st November 2025— a section 65 (power to require information); b section 66 (reports on clubs by expert reporters); c section 73 (privileged communications). Stephanie Peacock Parliamentary Under Secretary of State Department for Culture, Media and Sport 23rd October 2025 Explanatory Note (This note is not part of the Regulations) These Regulations bring into force specified provisions of the Football Governance Act 2025 (c. 21) (“ the Act ”) on 1st November 2025. They are the first commencement regulations made under the Act. Certain provisions came into force on Royal Assent by virtue of section 100(2). Regulation 2 commences specified provisions in Part 7 of the Act: section 65 confers a power on the Independent Football Regulator to require information, section 66 makes provision about reports on clubs by expert reporters and section 73 makes provision about privileged communications. An impact assessment has not been produced for this instrument as the sole effect of these Regulations is to bring into force provisions of the Act. A full impact assessment was prepared in relation to the Act, copies of which are available alongside the Act on legislation.gov.uk and hard copies are available from the Department for Culture, Media and Sport, 100 Parliament Street, SW1A 2BQ, London, United Kingdom. 2025 c. 21 .
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[uk-legislation-uksi][uksi] 2025-11-03 The Welfare Reform Act 2012 (Commencement No. 35) (Abolition of Benefits) Order 2025
http://www.legislation.gov.uk/uksi/2025/1148/made
http://www.legislation.gov.uk/uksi/2025/1148/made The Welfare Reform Act 2012 (Commencement No. 35) (Abolition of Benefits) Order 2025 King's Printer of Acts of Parliament 2025-11-03 SOCIAL SECURITY This Order is a further stage in the replacement of six benefits with universal credit (“UC”). 2025 No. 1148 (C. 55) SOCIAL SECURITY The Welfare Reform Act 2012 (Commencement No. 35) (Abolition of Benefits) Order 2025 Made 29th October 2025 The Secretary of State makes this Order in exercise of the powers conferred by section 150(3) and (4)(a) and (c) of the Welfare Reform Act 2012 . Citation and Interpretation 1 1 This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 35) (Abolition of Benefits) Order 2025. 2 In this Order— “ the 2007 Act ” means the Welfare Reform Act 2007 ; “ the Act ” means the Welfare Reform Act 2012; “ the amending provisions ” means the provisions referred to in article 4(1)(a) to (c) of the Welfare Reform Act 2012 (Commencement No. 9 and Transitional and Transitory Provisions and Commencement No. 8 and Savings and Transitional Provisions (Amendment)) Order 2013 ; “ contributory allowance” and “income-related allowance ” in relation to an award of old style ESA have the meaning given by section 1(7) of the 2007 Act; “ housing benefit ” means housing benefit under section 130 of the Social Security Contributions and Benefits Act 1992 ; “ income support ” means income support under section 124 of the Social Security Contributions and Benefits Act 1992; “ income-based jobseeker’s allowance ” has the same meaning as in the Jobseekers Act 1995 ; “ income-related employment and support allowance ” means an income-related allowance under Part 1 of the 2007 Act; “ old style ESA ” means an employment and support allowance under Part 1 of the 2007 Act as it has effect apart from the amendments made by Schedule 3, and Part 1 of Schedule 14, to the Act that remove references to an income-related allowance and references to an award of old style ESA shall be construed accordingly; “ old style JSA ” means a jobseeker’s allowance under the Jobseekers Act 1995 as it has effect apart from the amendments made by Part 1 of Schedule 14 to the Act that remove references to an income-based jobseeker’s allowance and references to an award of old style JSA shall be construed accordingly; “ the Transitional Regulations ” means the Universal Credit (Transitional Provisions) Regulations 2014 ; “ two week run-on period ” means the period referred to in regulation 8(2A) or 46(1)(a) of the Transitional Regulations or regulation 5(1) of the Universal Credit (Managed Migration Pilot and Miscellaneous Amendments) Regulations 2019 . Conversion of contributory old style ESA 2 1 The day appointed for the coming into force of the amending provisions in the case of an award of old style ESA in respect of which the claimant— a is entitled to the contributory allowance but not the income-related allowance, or b is entitled to both the contributory allowance and the income-related allowance and section 6(4) of the 2007 Act (allowance treated as attributable to entitlement to the contributory allowance where the amount payable does not exceed the personal rate) applies, is as follows. 2 In the case of an award where either of the conditions in paragraph (1)(a) or (b) applies on 1st December 2025, the day appointed is 1st December 2025. 3 In any other case, the day appointed is the first day on which either of those conditions applies. Claimant commitment on conversion of contributory old style ESA 3 1 Where the amending provisions come into force in relation to an award of old style ESA in accordance with article 2 (conversion of contributory old style ESA) the Secretary of State may, for so long as the Secretary of State considers necessary to protect the efficient administration of employment and support allowance, delay the preparation of a claimant commitment in accordance with section 11A of the 2007 Act. 2 Section 1(3)(aa) of the 2007 Act (acceptance of claimant commitment to be a condition of entitlement to employment and support allowance) is not to apply during any period for which the preparation of a claimant commitment is delayed under paragraph (1). Abolition of income-based jobseeker’s allowance 4 The day appointed for the coming into force of the amending provisions in the case of an award of old style JSA in respect of which those provisions— a have not yet come into force, and b are not due to come into force, or to be treated as coming into force, at the end of a two week run-on period, is 1st April 2026. Abolition of income support 5 The day appointed for the coming into force of section 33(1)(c) of the Act (abolition of income support) in respect of an award of income support that— a has not yet been terminated by virtue of regulation 7(2), 8(2A) or 46(1)(a) of the Transitional Regulations, and b is not due to terminate at the end of a two week run-on period, is 1st April 2026. Abolition of housing benefit for working age claimants who cease to occupy temporary accommodation or specified accommodation 6 1 The day appointed for the coming into force of section 33(1)(d) of the Act (abolition of housing benefit) in relation to an award of housing benefit where the claimant— a is not entitled to universal credit, income support, an income-based jobseeker’s allowance or an income-related employment and support allowance, b does not fall within regulation 6A(3) to (5) of the Transitional Regulations (exemption from restrictions on claims for housing benefit for persons over the qualifying age for state pension credit etc.), and c is entitled to that award in respect of temporary accommodation or specified accommodation, is any day falling on or after 14th November 2025 that is the day after the last day on which the claimant is entitled to housing benefit in respect of accommodation of that description. 2 In this article “ specified accommodation ” and “ temporary accommodation ” have the same meaning as in the Transitional Regulations. Signed by authority of the Secretary of State for Work and Pensions Stephen Timms Minister of State Department for Work and Pensions 29th October 2025 Explanatory Note (This note is not part of the Order) This Order is a further stage in the replacement of six benefits with universal credit (“ UC ”). The Order appoints the dates for ending future entitlement to income support and income-based jobseeker’s allowance for all claimants and for ending future entitlement to income-related employment and support allowance in relation to claimants currently receiving only the contributory allowance in an award of old style ESA. It also ends awards of housing benefit where working age claimants cease to occupy temporary or supported accommodation. The references in this Order to “old style JSA” and “old style ESA” are to awards of jobseeker’s allowance and employment and support allowance in respect of which the amending provisions have not yet come into force. The amending provisions include subsection (1)(a) and (b) of section 33 (abolition of benefits) of the Welfare Reform Act 2012 (“ the Act ”) and amendments to the Jobseekers Act 1995 (c.18) and Part 1 of the Welfare Reform Act 2007 (c.5) that remove references to the income-related elements of those benefits. The amending provisions are the mechanism for terminating awards of income-based jobseeker’s allowance and income-related employment and support allowance. They come into force when the claimant makes a claim for UC or forms a couple with a universal credit claimant. They are treated as coming into force when a claimant who has been issued with a migration notice fails to make a claim for universal credit by the deadline. Article 2 brings the amending provisions into force on 1st December 2025 for awards of old style ESA where the amount the claimant receives is wholly attributable to the contributory allowance (including where they have entitlement to both the contributory and income-related allowance but the former is greater). This will prevent entitlement to the income-related allowance arising in future if the claimant’s circumstances change. It will also convert the award to the “new style” employment and support allowance. Where an award of old style ESA is not wholly attributable to the contributory allowance on 1st December 2025 but is so on a subsequent day, for example if the claimant’s income increases so that they no longer have the income-related entitlement, the amending provisions will come into force on that day. Article 3 deals with the obligation on the Secretary of State to prepare a claimant commitment where an award of old style ESA is converted to the new style allowance under article 2. That obligation is delayed for such period as is necessary to protect the efficient administration of the allowance. Article 4 deals with old style JSA. The amending provisions come into force for any remaining cases on 1st April 2026. This does not affect the two week run-on period in the case of a claimant who has made a claim for UC or been issued with a migration notice and failed to claim by the deadline. Article 5 deals with income support. Section 33(1)(c) of the Act (which provides for abolition of income support) is brought into force for any remaining cases, except those in a run-on period, on 1st April 2026. Article 6 deals with housing benefit. Claimants who occupy temporary accommodation and certain types of supported accommodation (referred to in this Order as “ specified accommodation ”) are not covered by the housing costs element in UC and may therefore claim housing benefit by virtue of regulation 6A of the Universal Credit (Transitional Provisions) Regulations 2014 ( S.I. 2014/1230 ). Where a claimant who is already entitled to UC moves from such accommodation into general accommodation, housing benefit will automatically cease and they may qualify for the housing costs element of UC. Article 6 provides the mechanism for ending housing benefit in a case where the claimant is not already entitled to UC and is not being moved to UC by managed migration. Where the move to general accommodation occurs on or after 14th November 2025, section 33(1)(d) (which provides for abolition of housing benefit) is brought into force in relation to the existing award. This terminates the current award but does not prevent a new claim for housing benefit if the claimant subsequently qualifies under regulation 6A. NOTE AS TO EARLIER COMMENCEMENT ORDERS (This note is not part of the Order) The following provisions of the Welfare Reform Act 2012 (c. 5) were brought into force by a Statutory Instrument which was made before this Order was made. Provision Date of Commencement SI Number Section 1 (partially) 29th April 2013 2013/983 Section 1 (partially) 1st July 2013 2013/1511 Section 1 (partially) 29th July 2013 2013/1511 Section 1 (partially) 28th October 2013 2013/2657 Section 1 (partially) 25th November 2013 2013/2846 Section 1 (partially) 24th February 2014 2014/209 Section 1 (partially) 7th April 2014 2014/209 Section 1 (partially) 23rd June 2014 2014/1583 Section 1 (partially) 30th June 2014 2014/1583 Section 1 (partially) 30th June 2014 2014/1661 Section 1 (partially) 7th July 2014 2014/1583 Section 1 (partially) 14th July 2014 2014/1583 Section 1 (partially) 21st July 2014 2014/1583 Section 1 (partially) 28th July 2014 2014/1583 Section 1 (partially) 28th July 2014 2014/1923 Section 1 (partially) 15th September 2014 2014/2321 Section 1 (partially) 22nd September 2014 2014/2321 Section 1 (partially) 29th September 2014 2014/2321 Section 1 (partially) 6th October 2014 2014/2321 Section 1 (partially) 13th October 2014 2014/2321 Section 1 (partially) 20th October 2014 2014/2321 Section 1 (partially) 27th October 2014 2014/2321 Section 1 (partially) 3rd November 2014 2014/2321 Section 1 (partially) 10th November 2014 2014/2321 Section 1 (partially) 17th November 2014 2014/2321 Section 1 (partially) 24th November 2014 2014/2321 Section 1 (partially) 24th November 2014 2014/3067 Section 1 (partially) 26th November 2014 2014/3094 Section 1 (partially) 1st December 2014 2014/2321 Section 1 (partially) 8th December 2014 2014/2321 Section 1 (partially) 15th December 2014 2014/2321 Section 1 (partially) 26th January 2015 2015/32 Section 1 (partially) 28th January 2015 2015/33 Section 1 (partially) 16th February 2015 2015/101 Section 1 (partially) 23rd February 2015 2015/101 Section 1 (partially) 2nd March 2015 2015/32 Section 1 (partially) 2nd March 2015 2015/101 Section 1 (partially) 9th March 2015 2015/101 Section 1 (partially) 16th March 2015 2015/101 Section 1 (partially) 18th March 2015 2015/634 Section 1 (partially) 23rd March 2015 2015/101 Section 1 (partially) 6th April 2015 2015/32 Section 1 (partially) 6th April 2015 2015/101 Section 1 (partially) 13th April 2015 2015/101 Section 1 (partially) 20th April 2015 2015/101 Section 1 (partially) 27th April 2015 2015/101 Section 1 (partially) 4th May 2015 2015/101 Section 1 (partially) 11th May 2015 2015/101 Section 1 (partially) 18th May 2015 2015/101 Section 1 (partially) 25th May 2015 2015/101 Section 1 (partially) 1st June 2015 2015/101 Section 1 (partially) 8th June 2015 2015/101 Section 1 (partially) 10th June 2015 2015/634 Section 1 (partially) 15th June 2015 2015/101 Section 1 (partially) 22nd June 2015 2015/101 Section 1 (partially) 29th June 2015 2015/101 Section 1 (partially) 6th July 2015 2015/101 Section 1 (partially) 13th July 2015 2015/101 Section 1 (partially) 20th July 2015 2015/101 Section 1 (partially) 21st September 2015 2015/1537 Section 1 (partially) 28th September 2015 2015/1537 Section 1 (partially) 5th October 2015 2015/1537 Section 1 (partially) 12th October 2015 2015/1537 Section 1 (partially) 19th October 2015 2015/1537 Section 1 (partially) 26th October 2015 2015/1537 Section 1 (partially) 2nd November 2015 2015/1537 Section 1 (partially) 4th November 2015 2015/634 Section 1 (partially) 9th November 2015 2015/1537 Section 1 (partially) 16th November 2015 2015/1537 Section 1 (partially) 23rd November 2015 2015/1537 Section 1 (partially) 30th November 2015 2015/1537 Section 1 (partially) 2nd December 2015 2015/1930 Section 1 (partially) 7th December 2015 2015/1537 Section 1 (partially) 14th December 2015 2015/1537 Section 1 (partially) 11th January 2016 2015/1537 Section 1 (partially) 18th January 2016 2015/1537 Section 1 (partially) 25th January 2016 2015/1537 Section 1 (partially) 27th January 2016 2016/33 Section 1 (partially) 1st February 2016 2015/1537 Section 1 (partially) 8th February 2016 2015/1537 Section 1 (partially) 15th February 2016 2015/1537 Section 1 (partially) 22nd February 2016 2015/1537 Section 1 (partially) 24th February 2016 2016/33 Section 1 (partially) 29th February 2016 2015/1537 Section 1 (partially) 7th March 2016 2015/1537 Section 1 (partially) 14th March 2016 2015/1537 Section 1 (partially) 21st March 2016 2015/1537 Section 1 (partially) 23rd March 2016 2016/407 Section 1 (partially) 28th March 2016 2015/1537 Section 1 (partially) 11th April 2016 2015/1537 Section 1 (partially) 18th April 2016 2015/1537 Section 1 (partially) 25th April 2016 2015/1537 Section 1 (partially) 27th April 2016 2016/407 Section 1 (partially) 1st February 2019 2019/167 Section 1 (for all remaining purposes) 30th March 2022 2022/302 Section 2(1) (partially) As section 1 As section 1 Section 2(1) (for all remaining purposes) 30th March 2022 2022/302 Section 2(2) 25th February 2013 2013/358 Section 3 (partially) As section 1 As section 1 Section 3 (for all remaining purposes) 30th March 2022 2022/302 Section 4(1) and (4) (partially) As section 1 As section 1 Section 4(1) and (4) (for all remaining purposes) 30th March 2022 2022/302 Section 4(2), (3) and (5) to (7) 25th February 2013 2013/358 Section 5 (partially) 25th February 2013 2013/358 Section 5 (partially) As section 1 As section 1 Section 5 (for all remaining purposes) 30th March 2022 2022/302 Section 6(1)(a) and (3) (partially) 25th February 2013 2013/358 Section 6 (partially) As section 1 As section 1 Section 6 (for all remaining purposes) 30th March 2022 2022/302 Section 7(1) and (4) (partially) As section 1 As section 1 Section 7(1) and (4) (for all remaining purposes) 30th March 2022 2022/302 Section 7(2) and (3) 25th February 2013 2013/358 Section 8 (partially) As section 1 As section 1 Section 8 (for all remaining purposes) 30th March 2022 2022/302 Section 8(3) (partially) 25th February 2013 2013/358 Section 8(3) (for all remaining purposes) 30th March 2022 2022/302 Section 9(1) (partially) As section 1 As section 1 Section 9(1) (for all remaining purposes) 30th March 2022 2022/302 Section 9(2) 25th February 2013 2013/358 Section 10(1) (partially) As section 1 As section 1 Section 10(1) (for all remaining purposes) 30th March 2022 2022/302 Section 10(2), (3), (4) and (5) 25th February 2013 2013/358 Section 11(1) and (2) (partially) As section 1 As section 1 Section 11(1) and (2) (for all remaining purposes) 30th March 2022 2022/302 Section 11(3), (4) and (5) 25th February 2013 2013/358 Section 12(1) (partially) 25th February 2013 2013/358 Section 12(1) and (2) (partially) As section 1 As section 1 Section 12(1) and (2) (for all remaining purposes) 30th March 2022 2022/302 Section 12(3) and (4) 25th February 2013 2013/358 Section 13 (partially) As section 1 As section 1 Section 13 (for all remaining purposes) 30th March 2022 2022/302 Section 14 (partially) As section 1 As section 1 Section 14 (for all remaining purposes) 30th March 2022 2022/302 Section 14(5) (partially) 25th February 2013 2013/358 Section 15(1) and (4) (partially) As section 1 As section 1 Section 15(1) and (4) (for all remaining purposes) 30th March 2022 2022/302 Sections 15(2) and (3) and 17(3)(f) 25th February 2013 2013/358 Section 16 (partially) As section 1 As section 1 Section 16 (for all remaining purposes) 30th March 2022 2022/302 Section 17(1), (2), (3)(a) to (e), (4) and (5) (partially) As section 1 As section 1 Section 17(1), (2), (3)(a) to (e), (4) and (5) (for all remaining purposes) 30th March 2022 2022/302 Section 17(3)(f) 25th February 2013 2013/358 Section 17(4) and (5) (partially) 25th February 2013 2013/358 Section 18 (partially) As section 1 As section 1 Section 18 (for all remaining purposes) 30th March 2022 2022/302 Section 18(3) and (5) (partially) 25th February 2013 2013/358 Section 19(1), (2)(a) to (c), (5) and (6) (partially) As section 1 As section 1 Section 19(1), (2)(a) to (c), (5) and (6) (for all remaining purposes) 30th March 2022 2022/302 Section 19(2)(d), (3) and (4) 25th February 2013 2013/358 Section 20(1) (partially) 25th February 2013 2013/358 Section 20 (partially) As section 1 As section 1 Section 20 (for all remaining purposes) 30th March 2022 2022/302 Section 21 (partially) As section 1 As section 1 Section 21 (for all remaining purposes) 30th March 2022 2022/302 Section 22 (partially) As section 1 As section 1 Section 22 (for all remaining purposes) 30th March 2022 2022/302 Section 22(2) (partially) 25th February 2013 2013/358 Section 23 (partially) As section 1 As section 1 Section 23 (for all remaining purposes) 30th March 2022 2022/302 Sections 24(1), (5) and (6) and 25 25th February 2013 2013/358 Section 24(2), (3) and (4) (partially) As section 1 As section 1 Section 24(2), (3) and (4) (for all remaining purposes) 30th March 2022 2022/302 Section 26(1) to (5) (partially) As section 1 As section 1 Section 26(1) to (5) (for all remaining purposes) 30th March 2022 2022/302 Section 26(2)(a) (partially) 25th February 2013 2013/358 Sections 26(6) to (8), 27(4), (5) and (9) and 28 25th February 2013 2013/358 Section 27(1) to (3) and (6) to (8) (partially) As section 1 As section 1 Section 27(1) to (3) and (6) to (8) (for all remaining purposes) 30th March 2022 2022/302 Section 29 29th April 2013 2013/983 Sections 30 and 31 (partially) 25th February 2013 2013/358 Section 31 (partially) 1st April 2013 2013/358 Section 31 (partially) 29th April 2013 2013/358 Section 31 (partially) 29th April 2013 2013/983 Section 31 (partially) 15th May 2019 2019/37 Section 32 25th February 2013 2013/358 Section 33(1)(a) and (b), (2) and (3) (partially) 16th June 2014 2014/1452 Section 33(1)(a) and (b), (2) and (3) (partially) As section 1 As section 1 Section 33(1)(e) 1st April 2013 2013/358 Section 33(1)(f) 1st February 2019 2019/167 Sections 33(3) (partially) 1st April 2013 2013/358 Section 35 (partially) 25th February 2013 2013/358 Section 35 (partially) 29th April 2013 2013/983 Section 36 (partially) 25th February 2013 2013/358 Section 36 (for all remaining purposes) 18th July 2019 2019/1135 Sections 37(3) to (7) and 39(3)(a) 25th February 2013 2013/358 Section 37 (for all remaining purposes) 29th April 2013 2013/983 Section 38 29th April 2013 2013/983 Section 39 (partially) 25th February 2013 2013/358 Section 39 (for all remaining purposes) 29th April 2013 2013/983 Sections 40, 42 and 43 25th February 2013 2013/358 Section 41 15th September 2014 2014/2321 Section 44(1) (partially) As section 33(1)(a) and (b) As section 33(1)(a) and (b) Section 44(2) (partially) As section 33(1)(a) and (b) As section 33(1)(a) and (b) Section 44(5) 10th June 2012 2012/1246 Section 45 (repealed) 8th October 2012 2012/2530 Section 46(1) and (3) (partially) 10th June 2012 2012/1246 Section 46(1) (partially) 22nd October 2012 2012/2530 Section 46(1) (for all remaining purposes) 19th June 2017 2017/664 Section 46(2) 10th June 2012 2012/1246 Section 46(3) (for all remaining purposes) 22nd October 2012 2012/2530 Section 46(4) 22nd October 2012 2012/2530 Section 47 20th March 2012 2012/863 Section 48 (partially) 22nd October 2012 2012/2530 Section 49(1) and (3) (partially) 25th February 2013 2013/358 Section 49(1), (2) and (3) to (5) (partially) As section 33(1)(a) and (b) As section 33(1)(a) and (b) Section 49(6) 25th February 2013 2013/358 Section 51 (partially) 20th March 2012 2012/863 Section 51 (for all remaining purposes) 1st May 2012 2012/863 Sections 52 and 53 1st May 2012 2012/863 Section 54(1) (partially) 25th February 2013 2013/358 Section 54(1) and (2) (partially) As section 33(1)(a) and (b) As section 33(1)(a) and (b) Section 54(6) 25th February 2013 2013/358 Section 55 (repealed) 3rd December 2012 2012/2530 Section 56 (repealed) 26th November 2012 2012/2530 Section 57(1) and (2) (partially) 25th February 2013 2013/358 Section 57(1), (2), (4), (5) and (9) (partially) As section 33(1)(a) and (b) As section 33(1)(a) and (b) Section 57(6) 25th February 2013 2013/358 Section 58(1) and (2) 20th March 2012 2012/863 Section 64 (partially) 30th October 2012 2012/2530 Section 64 (for all remaining purposes) 5th December 2012 2012/2530 Section 65 5th December 2012 2012/2530 Section 66 (partially) 30th October 2012 2012/2530 Section 66 (partially) 31st October 2013 2013/2534 Sections 67 and 68 5th December 2012 2012/2530 Section 69 (partially) 27th November 2012 2012/2946 Section 69 (for all remaining purposes) 1st January 2013 2012/2946 Section 70(1) and (3) to (10) 1st April 2013 2012/3090 Section 70(2) 1st August 2013 2012/3090 Section 73 1st April 2013 2012/3090 Section 77(3) (partially) 25th February 2013 2013/358 Section 77(1) to (3) (partially) 8th April 2013 2013/358 Section 77(1) to (3) (for all remaining purposes) 10th June 2013 2013/1250 Section 78(1), (2), (5) and (6) (partially) 8th April 2013 2013/358 Section 78(1), (2), (5) and (6) (for all remaining purposes) 10th June 2013 2013/1250 Section 78(3) and (4) 25th February 2013 2013/358 Section 79(1), (2), (5) and (6) (partially) 8th April 2013 2013/358 Section 79(1), (2), (5) and (6) (for all remaining purposes) 10th June 2013 2013/1250 Section 79(3), (4) and (7) 25th February 2013 2013/358 Sections 80 and 81 25th February 2013 2013/358 Section 82 (partially) 8th April 2013 2013/358 Section 82 (for all remaining purposes) 10th June 2013 2013/1250 Section 83(3) (partially) 25th February 2013 2013/358 Section 83(1) to (3) and 84 (partially) 8th April 2013 2013/358 Section 83(1) to (3) and 84 (for all remaining purposes) 10th June 2013 2013/1250 Sections 85 and 86 25th February 2013 2013/358 Section 87 (partially) 25th February 2013 2013/358 Section 87 (partially) 8th April 2013 2013/358 Section 87 (for all remaining purposes) 10th June 2013 2013/1250 Sections 88 and 89 (partially) 8th April 2013 2013/358 Sections 88 and 89 (for all remaining purposes) 10th June 2013 2013/1250 Section 91 (partially) 25th February 2013 2013/358 Section 91 (partially) 8th April 2013 2013/358 Section 91 (partially) 10th June 2013 2013/1250 Sections 92, 93 and 94 25th February 2013 2013/358 Section 95 (partially) 25th February 2013 2013/358 Section 95 (partially) 8th April 2013 2013/358 Section 95 (for all remaining purposes) 10th June 2013 2013/1250 Section 96 (partially) 27th November 2012 2012/2946 Section 96 (for all remaining purposes) 15th April 2013 2012/2946 Section 97(1) to (4) 27th November 2012 2012/2946 Section 97(5) and (6) 15th April 2013 2012/2946 Sections 98 and 99 25th February 2013 2013/358 Section 100 25th February 2013 2013/358 Section 101(1) (partially) 25th February 2013 2013/358 Section 101(2) 1st April 2013 2013/358 Section 102(1) (partially) 25th February 2013 2013/358 Section 102(2) to (5) 25th February 2013 2013/358 Section 102(6) (partially) 25th February 2013 2013/358 Section 102(6) (partially) 29th April 2013 2013/983 Section 104 25th February 2013 2013/358 Section 105(1) (partially) 1st July 2012 2012/1246 Section 105(1) (partially) 1st October 2012 2012/1246 Section 105(1) (partially) 29th April 2013 2013/358 Section 105(3), (5) and (6) 29th April 2013 2013/358 Section 105(4) 1st October 2012 2012/1246 Section 105(7) (partially) 29th April 2013 2013/358 Section 106 1st July 2012 2012/1246 Section 110 (partially) 17th June 2013 2013/1250 Section 110 (for all remaining purposes) 1st October 2013 2013/1250 Section 112(1) and (2) (partially) 20th April 2016 2016/511 Section 112(1) and (2) (for all remaining purposes) 24th May 2016 2016/511 Section 112(3) to (6) 24th May 2016 2016/511 Sections 113 to 115 8th May 2012 2012/863 Section 116(1) (partially) 10th May 2012 2012/1246 Section 116(1) (for all remaining purposes) 1st October 2012 2012/1246 Section 116(2) 10th May 2012 2012/1246 Section 117(1) (partially) 1st April 2013 2013/358 Section 117(1) (for all remaining purposes) 6th April 2013 2013/358 Section 117(2) 1st April 2013 2013/358 Section 117(3) 6th April 2013 2013/358 Section 118(1), (2), (5) and (8)(b) (partially) 25th February 2013 2013/358 Section 118(1), (2), (5) and (8)(b) (for all remaining purposes) 1st April 2013 2013/358 Sections 118(3), (4), (6), (7) and (8)(a) and (c) and 119 1st April 2013 2013/358 Section 120 (partially) 1st February 2013 2013/178 Section 120 (for all remaining purposes) 6th April 2013 2013/178 Sections 122, 123 and 125 6th June 2012 2012/1246 Sections 128 and 129 20th March 2012 2012/863 Section 130 (partially) 20th March 2012 2012/863 Section 130 (for all remaining purposes) 8th May 2012 2012/863 Section 131 (partially) 20th March 2012 2012/863 Section 131 (for all remaining purposes) 8th May 2012 2012/863 Section 132(8) 20th March 2012 2012/863 Section 132 (for all remaining purposes) 8th May 2012 2012/863 Section 133(1) to (4) 20th March 2012 2012/863 Section 133(6) 2nd July 2012 2012/1651 Sections 136, 140 and 141 25th November 2013 2013/2947 Section 137 30th June 2014 2014/1635 Section 139 4th February 2014 2014/209 Sections 143, 144 and 146 8th May 2012 2012/863 Section 147 (partially) 31st March 2018 2018/145 Schedule 1 (partially) 25th February 2013 2013/358 Schedule 2 (partially) 25th February 2013 2013/358 Schedule 2 (partially) 1st April 2013 2013/358 Schedule 2 (partially) 29th April 2013 2013/358 Schedule 2 (partially) 29th April 2013 2013/983 Schedule 2 (partially) 15th May 2019 2019/37 Schedule 3 (partially) 1st April 2013 2013/358 Schedule 3 (partially) As section 33(1)(a) and (b) As section 33(1)(a) and (b) Schedule 5 (partially) 25th February 2013 2013/358 Schedule 5 (partially) 29th April 2013 2013/983 Schedule 6 (partially) 25th February 2013 2013/358 Schedule 6 (for all remaining purposes) 18th July 2019 2019/1135 Schedule 7 (partially) 22nd October 2012 2012/2530 Schedule 8 (partially) 1st April 2013 2012/3090 Schedule 8 (for all remaining purposes) 1st August 2013 2012/3090 Schedule 9 (partially) 25th February 2013 2013/358 Schedule 9 (partially) 8th April 2013 2013/358 Schedule 9 (partially) 10th June 2013 2013/1250 Schedule 10 25th February 2013 2013/358 Schedule 11 (partially) 25th February 2013 2013/358 Schedule 11 (partially) 29th April 2013 2013/983 Part 1 of Schedule 14 (partially) As Schedule 3 As Schedule 3 Part 1 of Schedule 14 (partially) 1st February 2019 2019/167 Part 1 of Schedule 14 (partially) 31st March 2022 2018/145 Part 3 of Schedule 14 (partially) 22nd October 2012 2012/2530 Parts 4 and 5 of Schedule 14 (partially) As section 33(1)(a) and (b) As section 33(1)(a) and (b) Part 8 of Schedule 14 (partially) 1st April 2013 2012/3090 Part 8 of Schedule 14 (partially) 1st August 2013 2012/3090 Part 11 of Schedule 14 (partially) 1st April 2013 2013/358 Part 11 of Schedule 14 (partially) 29th April 2013 2013/358 Part 14 of Schedule 14 8th May 2012 2012/863 2012 c. 5 . 2007 c. 5 . S.I. 2013/983 (C. 41) . Article 4 was substituted by 2014/1452 . 1992 c. 4 . 1995 c. 18 . S.I. 2014/1230 . Inserted by S.I. 2018/65 . Inserted by S.I. 2019/1152 . S.I. 2019/1152 . Section 11A was inserted by section 57(2) of the Welfare Reform Act 2012. Section 1(3)(aa) was inserted by section 54(2) of the Welfare Reform Act 2012. Regulation 6A was inserted by S.I. 2022/752 . S.I. 2012/1246 (C. 42) was amended by S.I. 2012/1440 (C. 55) and 2530 (C. 102).
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[uk-legislation-uksi][uksi] 2025-11-03 The Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (Commencement No. 2 and Transitional Provisions) (Amendment No. 2) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1140/made
http://www.legislation.gov.uk/uksi/2025/1140/made The Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (Commencement No. 2 and Transitional Provisions) (Amendment No. 2) Regulations 2025 en King's Printer of Acts of Parliament 2025-11-03 NORTHERN IRELAND These Regulations amend the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (Commencement No. 2 and Transitional Provisions) Regulations 2024 (S.I. 2024/584 (C. 36)) (“the 2024 Regulations”). The 2024 Regulations were the second set of commencement regulations made under the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41). 2025 No. 1140 Northern Ireland The Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (Commencement No. 2 and Transitional Provisions) (Amendment No. 2) Regulations 2025 Made 29th October 2025 Coming into force 31st October 2025 The Secretary of State makes these Regulations in exercise of the power conferred by section 63(5) of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 . Citation and commencement 1 1 These Regulations may be cited as the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (Commencement No. 2 and Transitional Provisions) (Amendment No. 2) Regulations 2025. 2 These Regulations come into force on 31st October 2025. Amendment of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (Commencement No. 2 and Transitional Provisions) Regulations 2024 2 In regulation 3(2) of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (Commencement No. 2 and Transitional Provisions) Regulations 2024 (transitional provision in relation to criminal investigations), for “31st October 2025” substitute “30th April 2026” . Hilary Benn Secretary of State Northern Ireland Office 29th October 2025 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (Commencement No. 2 and Transitional Provisions) Regulations 2024 ( S.I. 2024/584 (C. 36) ) (“ the 2024 Regulations ”). The 2024 Regulations were the second set of commencement regulations made under the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41) . Regulation 2 of these Regulations amends regulation 3(2) of the 2024 Regulations to extend the period in which an investigating body may prepare or complete an investigation report or do anything subsequent to that. The period was initially set to end on 30th April 2025. It was extended to end on 31st October 2025 by the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (Commencement No. 2 and Transitional Provisions) (Amendment) Regulations 2025 ( S.I. 2025/530 ). Regulation 2 of these Regulations extends it again to end on 30th April 2026. An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. An impact assessment has been published in relation to the Act and a copy can be obtained at https://assets.publishing.service.gov.uk/media/62828d60d3bf7f1f40ca508e/EQIA_NI_Troubles__Legacy_and_Reconciliation__Bill.pdf or from the Northern Ireland Office, 1 Horse Guards Road, London, SW1A 2HQ. 2023 c. 41 . The Secretary of State is a ‘national authority’ for the purposes of section 63(5); see section 58(3). S.I. 2024/584 (C. 36) . Regulation 3(2) was amended by S.I. 2025/530 .
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[uk-legislation-uksi][uksi] 2025-11-03 The M5 Junction 10 Development Consent (Correction) Order 2025
http://www.legislation.gov.uk/uksi/2025/1136/made
http://www.legislation.gov.uk/uksi/2025/1136/made The M5 Junction 10 Development Consent (Correction) Order 2025 King's Printer of Acts of Parliament 2025-10-31 INFRASTRUCTURE PLANNING This Order corrects errors and omissions in the M5 Junction 10 Development Consent Order 2025 (S.I. 2025/795), a development consent order under the Planning Act 2008, following two requests under paragraph 1(6)(a) of Schedule 4 to that Act. 2025 No. 1136 INFRASTRUCTURE PLANNING The M5 Junction 10 Development Consent (Correction) Order 2025 Made 29th October 2025 Coming into force 3rd November 2025 The M5 Junction 10 Development Consent Order 2025 (“ the 2025 Order ”) which granted development consent within the meaning of the Planning Act 2008 (“ the Act ”), contained correctable errors within the meaning of paragraph 1(3) of Schedule 4 to the Act. In accordance with paragraph 1(5)(a) of Schedule 4 to the Act, before the end of the relevant period as defined in paragraph 1(6)(a) of Schedule 4 to the Act, the Secretary of State received written requests from the applicant and National Highways for the correction of errors in the 2025 Order. In accordance with paragraph 1(7) of Schedule 4 to the Act, the Secretary of State informed the relevant local planning authorities for the area in which the land to which the 2025 Order relates is situated, that the requests had been received. The Secretary of State, in exercise of the powers conferred by section 119 of, and paragraph 1(4) and (8) of Schedule 4 to, the Act, makes the following Order. Citation and commencement 1 This Order may be cited as the M5 Junction 10 Development Consent (Correction) Order 2025 and comes into force on 3rd November 2025. Corrections to the M5 Junction 10 Development Consent Order 2025 (“ the 2025 Order ”) 2 The 2025 Order is corrected as set out in the table in the Schedule, where— a column 1 sets out where the correction is to be made; b column 2 sets out how the correction is to be made; and c column 3 sets out the text to be substituted, inserted or omitted. Signed by authority of the Secretary of State for Transport Samantha Collins-Hill Deputy Director, Transport Planning Department for Transport 29th October 2025 Schedule CORRECTABLE ERRORS Article 2 (1) Where the correction is to be made (2) How the correction is to be made (3) Text to be substituted, inserted or omitted Part 3, Article 11(5) For “42 days” substitute “28 days” Schedule 2, paragraph 11(3)(a) For “relevant planning authority” substitute “Secretary of State“ Schedule 10 In relation to the “environmental statement - appendix 1.1: glossary” for “0” substitute “1” Schedule 10 In relation to the “environmental statement - appendix 1.2: scoping opinion responses” for “0” substitute “1” Explanatory Note (This note is not part of the Order) This Order corrects errors and omissions in the M5 Junction 10 Development Consent Order 2025 ( S.I. 2025/795 ), a development consent order under the Planning Act 2008, following two requests under paragraph 1(6)(a) of Schedule 4 to that Act. S.I. 2025/795 . 2008 c. 29 . Paragraph 1 of Schedule 4 was amended by paragraph 70 of Schedule 13, and Part 20 of Schedule 25, to the Localism Act 2011 (c. 20) . The term “applicant” is defined in paragraph 4 of Schedule 4 to the Planning Act 2008.
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[uk-legislation-uksi][uksi] 2025-11-03 The Bathing Water (Amendment) (England and Wales) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1129/made
http://www.legislation.gov.uk/uksi/2025/1129/made The Bathing Water (Amendment) (England and Wales) Regulations 2025 King's Printer of Acts of Parliament 2025-10-28 WATER RESOURCES, ENGLAND AND WALES These Regulations amend the Bathing Water Regulations 2013. 2025 No. 1129 WATER RESOURCES, ENGLAND AND WALES The Bathing Water (Amendment) (England and Wales) Regulations 2025 Made 27th October 2025 Laid before Parliament 28th October 2025 Laid before Senedd Cymru 28th October 2025 Coming into force in accordance with regulation 1(2) and (3) The Secretary of State in relation to England, and the Welsh Ministers in relation to Wales, make these Regulations in exercise of the powers conferred by section 2 of, and paragraph 20(1)(b) of Schedule 1 to, the Pollution Prevention and Control Act 1999 (“ the Act ”). The Secretary of State and the Welsh Ministers have, in accordance with section 2(4) of the Act, consulted— the Environment Agency, the Natural Resources Body for Wales, such bodies or persons appearing to them to be representative of the interests of local government, industry, agriculture and small businesses as they consider appropriate, and such other bodies or persons as they consider appropriate. Citation, commencement and extent 1 1 These Regulations may be cited as the Bathing Water (Amendment) (England and Wales) Regulations 2025. 2 In relation to England— a this regulation and regulations 2, 3(a) and (c), 4(b), (c) and (d), and 5 to 12 come into force on 21st November 2025; b regulations 3(b) and 4(a) come into force on 15th May 2026. 3 These Regulations come into force in relation to Wales on 1st April 2026. 4 These Regulations extend to England and Wales. Amendments of the Bathing Water Regulations 2013 2 The Bathing Water Regulations 2013 are amended in accordance with regulations 3 to 12. Amendment to regulation 2 (interpretation) 3 In regulation 2(1)— a for the definition of “bathing season”, substitute— “ bathing season ” , in relation to a bathing water, means the bathing season specified in, or (as the case may be) determined under regulation 4(1); ; b after the definition of “England”, insert— “ environmental protection measures ” means any measures to— protect the natural environment from the effects of human activity; protect people from the effects of human activity on the natural environment; maintain, restore or enhance the natural environment; monitor, assess, consider, advise or report on any of the measures referred to in paragraphs (a) to (c); ; c in the definition of “permanent advice against bathing”, for “, in relation to at least one whole bathing season, under regulation 13” substitute “by the appropriate agency under regulation 13(2) in relation to at least one upcoming bathing season that would have been applicable to that former bathing water” . Amendment to regulation 3 (identification of bathing waters) 4 In regulation 3— a after paragraph (2), insert— 2A The appropriate Minister must not identify or list a surface water under paragraph (1) or (2) (as the case may be) if— a the appropriate agency, having consulted the local authority that controls the relevant surface water, advises the appropriate Minister that— i it would be infeasible or disproportionately expensive for the surface water to achieve a classification of at least “sufficient” under regulation 11; or ii a large number of bathers is likely to have a significant adverse impact on the effectiveness of any environmental protection measures at, or in the vicinity of, the surface water, and the appropriate Minister accepts that advice; or b the appropriate Minister has reasonable grounds to believe that there is likely to be a significant risk to the physical safety of bathers arising from the features of the relevant surface water. ; b for paragraph (4)(a), substitute— a details of each bathing water listed under paragraph (1), including— i classification; and ii the bathing season determined under regulation 4(1), if relevant. ; c for paragraph (5)(a), substitute— a details of each bathing water listed under paragraph (2), including— i classification; and ii the bathing season determined under regulation 4(1), if relevant. ; d for paragraph (6), substitute— 6 The information published under paragraphs (4) and (5) must be actively disseminated using appropriate media and technologies including the internet, and in such languages as the appropriate Minister considers appropriate, before the earlier of— a 15th May in each year; or b in the case of a bathing water for which the appropriate Minister determines a bathing season under regulation 4(1), the start of that bathing season. . Amendment to regulation 4 (length of the bathing season) 5 For regulation 4 , substitute— Length of the bathing season 4 1 For the purposes of these Regulations, the bathing season for bathing waters in England or Wales (as the case may be) in a year is— a the period beginning with 15th May and ending at the end of 30th September; or b such other period as the appropriate Minister has for the time being determined. 2 For the purposes of paragraph (1)(b), the appropriate Minister may determine different periods for different bathing waters. 3 The appropriate Minister may only make a determination under paragraph (1)(b) in relation to a particular bathing water before— a 15th May in the year in which the determination is to take effect; or b if a determination under paragraph (1)(b) currently has effect in respect of the bathing water, the end of the period of 12 months beginning with the first day of the period currently determined in relation to that bathing water. 4 The appropriate Minister may revoke a determination made under paragraph (1)(b) before the earlier of— a the start of the upcoming bathing season currently determined for that bathing water; or b 15th May each year. 5 A determination that is revoked under paragraph (4) ceases to have effect immediately after the day on which it is revoked. 6 The appropriate Minister must maintain a list of the bathing seasons determined under paragraph (1)(b) and which have not been revoked under paragraph (4). . Amendment to regulation 5 (general duties) 6 In regulation 5(1)(c) , at the end, insert “, except where there is alternative provision in these Regulations” . Amendment to regulation 13 (additional management measures at “poor” bathing waters) 7 In regulation 13— a after paragraph (1), insert— 1A Where the appropriate agency classifies a bathing water as “poor” under regulation 11 for five consecutive years, the appropriate agency must, having consulted the local authority that controls the bathing water, advise the appropriate Minister on whether it would be feasible and not disproportionately expensive for the bathing water to achieve a classification of at least “sufficient” within a specified period. 1B In this regulation the “ specified period ”, in relation to a bathing water, is the period of time which the appropriate agency advises the appropriate Minister to allow a bathing water to achieve a classification of at least “sufficient” under regulation 11. 1C The period advised by the appropriate agency under paragraph (1B) must not exceed a period of five years beginning with the date on which the most recent classification under regulation 11 is published. ; b for paragraph (2)(a), substitute— a the appropriate agency classifies the bathing water as “poor” under regulation 11 for five consecutive years and advises the appropriate Minister under paragraph (1A) that it would be— i infeasible or disproportionately expensive for the bathing water to achieve a classification of at least “sufficient” within a period of five years beginning with the date on which the most recent classification under regulation 11 is published, and the appropriate Minister accepts that advice; or ii feasible and not disproportionately expensive for the bathing water to achieve a classification of at least “sufficient” within the specified period— aa but the appropriate Minister rejects that advice; or bb the appropriate Minister accepts that advice, but the bathing water does not achieve a classification of at least “sufficient” before the end of the specified period; or ; c in paragraph (2)(b), at the beginning, insert “the appropriate agency has not classified the bathing water as “poor” under regulation 11 for five consecutive years but,” ; d in paragraph (4), in the words before sub-paragraph (a), omit “during the bathing season”. Amendment to regulation 14 (public information and general provisions about short-term pollution) 8 In regulation 14— a in paragraph (2)(a)(iv)— i omit “identity and”; ii for “any person” substitute “the appropriate agency” ; b for paragraph (4), substitute— 4 In the event of short-term pollution, the appropriate agency may, where the appropriate agency considers it necessary, take one additional sample as soon as reasonably practicable after the pollution incident is presumed to have ended, to verify that it has ended. ; c for paragraph (5), substitute— 5 The appropriate agency may disregard samples taken during short-term pollution from the set of bathing water quality data for the bathing water, and— a after the end of short-term pollution and before the end of the bathing season, the appropriate agency must, where necessary, take additional samples to ensure that it has the minimum number required for the bathing water for the bathing season; b where the appropriate agency expects to have the minimum number of samples required for the bathing water for the bathing season, the appropriate agency may take additional samples to replace those disregarded due to the short-term pollution, where the appropriate agency considers appropriate. . Amendment to regulation 15A (annual reports) 9 In regulation 15A — a for paragraph (1), substitute— 1 Following the end of the latest bathing season that applies in England or Wales (as the case may be) in each year, the appropriate Minister must prepare and publish a report on the bathing season or seasons for that year. ; b omit paragraph (2). Omission of regulation 20 (review) 10 Omit regulation 20. Amendment to Schedule 4 (monitoring etc) 11 In Schedule 4— a for paragraph 2(2), substitute— 2 In relation to any abnormal situation, the appropriate agency— a may suspend the monitoring calendar for the duration of the situation; b after the end of the situation and before the end of the bathing season must, where necessary, take sufficient additional samples to ensure that it has the minimum number required for the bathing water for the bathing season; c may, where the appropriate agency expects to have the minimum number of samples required for the bathing water for the bathing season, take additional samples to replace those disregarded due to the suspension, where the appropriate agency considers appropriate. ; b in paragraph 3— i omit sub-paragraph (a); ii in sub-paragraph (b), for “bathing water season” substitute “bathing season” ; c for paragraph 4(2)(b), substitute— b clearly identify every sample taken by marking the sample bottle and linking the bottle to its associated documentation. . Amendment to Schedule 5 (classification) 12 In paragraph 2(2)(e), for “(µ + 1.65 σ)” substitute “(µ + 1.645 σ)” . Emma Hardy Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs 27th October 2025 Huw Irranca-Davies Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs, one of the Welsh Ministers 27th October 2025 Explanatory Note (This note is not part of the Regulations) These Regulations amend the Bathing Water Regulations 2013. Regulation 3 amends the defined terms that apply to the Bathing Water Regulations 2013. Regulation 4 adds exceptions which will apply when the Secretary of State and the Welsh Ministers identify bathing waters. The exceptions apply where the Secretary of State and the Welsh Ministers accept advice from the Environment Agency or the Natural Resources Body for Wales (as appropriate) that either (1) it would be infeasible or disproportionately expensive for the surface water to achieve a classification of “sufficient” under the Regulations, or (2) a large number of bathers is likely to have a significant adverse impact on environmental protection measures in the vicinity of the surface water. A further exception applies where the Secretary of State and the Welsh Ministers believe that there is likely to be a significant risk to the physical safety of bathers arising from the surface water. Regulation 5 gives the Secretary of State and Welsh Ministers (as appropriate) the ability to determine a different bathing season from the bathing season that otherwise applies to all bathing waters in England and Wales. Regulation 6 amends the obligation on the Secretary of State, the Welsh Ministers, the Environment Agency and the Natural Resources Body for Wales to comply with Directive 2006/7/EC . Regulation 7 replaces the provision requiring a bathing water to be removed from the list of bathing waters maintained in England or Wales (as the case may be) where the bathing water has been classified as “poor” for five consecutive years. The replacement provision allows the Secretary of State or the Welsh Ministers (as appropriate) to consider whether it would be appropriate to allow bathing waters that have been classified as “poor” for five consecutive years an additional period of time to improve. Regulation 8 amends the contact information that must be provided to the public when there is a short-term pollution incident. Regulation 8 also amends the obligation on the Environment Agency and the Natural Resources Body for Wales to obtain additional samples from bathing waters after the end of a short-term pollution incident. Regulation 9 updates the Secretary of State’s and the Welsh Ministers’ obligations to prepare an annual report on the bathing season. Regulation 10 omits regulation 20. Regulation 11 amends the obligation on the Environment Agency and the Natural Resources Body for Wales to obtain additional water samples from bathing waters after an abnormal situation. Regulation 11 also removes the obligation on the Environment Agency and Natural Resources Body for Wales to take and analyse the first sample for every bathing water shortly before the start of the bathing season. Regulation 12 makes a technical amendment to the methodology applied to calculate the percentile value referred to in Schedule 5 to the Bathing Water Regulations 2013. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. 1999 c. 24 . Section 2 was amended by S.I. 2013/755 (W. 90) ; there are other amending instruments but none is relevant. See paragraph 20(2) of Schedule 1 for the definition of “the relevant directives”. Functions of the Secretary of State, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales, except in relation to offshore oil and gas exploration and exploitation, by virtue of article 3(1) of the National Assembly for Wales (Transfer of Functions) Order 2005 ( S.I. 2005/1958 ). Functions of the National Assembly for Wales were transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32) . S.I. 2013/1675 . Regulation 4 was substituted by regulation 2(2) of S.I. 2020/507 (W. 120) , as it applies to Wales. Paragraph (1)(c) was amended by regulation 15(4)(a) of S.I. 2019/558 . Regulation 15A was inserted by regulation 15(5) of S.I. 2019/558 .
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[uk-legislation-uksi][uksi] 2025-11-04 The Net Zero Teesside (Amendment) Order 2025
http://www.legislation.gov.uk/uksi/2025/1143/made
http://www.legislation.gov.uk/uksi/2025/1143/made The Net Zero Teesside (Amendment) Order 2025 en King's Printer of Acts of Parliament 2025-11-04 INFRASTRUCTURE PLANNING This Order amends the Net Zero Teesside Order 2024, a development consent order made under the Planning Act 2008, following an application made in accordance with the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 for a non-material change under paragraph 2 of Schedule 6 to the Planning Act 2008. 2025 No. 1143 Infrastructure Planning The Net Zero Teesside (Amendment) Order 2025 Made 28th October 2025 Coming into force 29th October 2025 An application has been made, under paragraph 2 of Schedule 6 of the Planning Act 2008 , to the Secretary of State in accordance with the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 (“ the 2011 Regulations ”) for a non-material change to the Net Zero Teesside Order 2024 . The Secretary of State, having considered the application and the responses to the publicity and consultation required by regulations 6 and 7 of the 2011 Regulations, has decided to make the changes on terms that in the opinion of the Secretary of State are not materially different from those proposed in the application. Accordingly, the Secretary of State, in exercise of the powers in paragraphs 2(1) and (9) of Schedule 6 to the Planning Act 2008, makes the following Order. Citation and commencement 1 This Order may be cited as the Net Zero Teesside (Amendment) Order 2025 and comes into force on 29th October 2025. Amendment to the Net Zero Teesside Order 2024 2 The Net Zero Teesside Order 2024 is amended in accordance with this Order. Amendments to Part 1 (preliminary), article 2 (interpretation) 3 In article 2 (interpretation) of Part 1 (preliminary) omit the existing definition of “book of reference” and replace with ““ book of reference ” means the documents of that description which are certified by the Secretary of State as the book of reference and the supplemental book of reference under article 45 for the purposes of this Order;” . 4 In article 2 (interpretation) of Part 1 (preliminary) for ““ Order land ” means the land which is required for, or is required to facilitate, or is incidental to, or is affected by, the authorised development shown edged red on the land plans and described in the book of reference;” substitute ““ Order land ” means the land which is required for, or is required to facilitate, or is incidental to, or is affected by, the authorised development shown edged red on the land plans and shown shaded orange on the land plans and described in the book of reference;” . 5 In article 2 (interpretation) of Part 1 (preliminary) before ““Teesworks Limited” insert ““ supplemental land ” means the land which is required for, or is required to facilitate, or is incidental to, or is affected by, the authorised development shown shaded orange on the land plans and described in the book of reference;” . Amendment to Part 4 (supplemental powers) 6 In Part 4 (supplemental powers), article 20 (authority to survey and investigate the land) after paragraph (6) insert— 7 The undertaker may not rely upon any powers under this article 20 in respect of the supplemental land. . Amendments to Part 5 (powers of acquisition) 7 In Part 5 (powers of acquisition), before article 22 insert— Supplemental land 21A. — The undertaker may not compulsorily acquire any interest in or rights over or take temporary possession of any part of the supplemental land pursuant to articles 22, 25, 30, 31, 32 and 33. . 8 In Part 5 (powers of acquisition), article 22 (compulsory acquisition of land), paragraph (1) for “The undertaker may” substitute “Subject to article 21A (supplemental land), the undertaker may” . 9 In Part 5 (powers of acquisition), article 25 (compulsory acquisition of rights etc.), paragraph (1) after “subject to the following paragraphs of this article,” insert— and article 21A (supplemental land) . 10 In Part 5 (powers of acquisition), article 30 (rights under or over streets), paragraph (1) for “The undertaker may” substitute “Subject to article 21A (supplemental land), the undertaker may” . 11 In Part 5 (powers of acquisition), article 31 (Temporary use of land for carrying out the authorised development), paragraph 1 for “The undertaker may” substitute “Subject to article 21A (supplemental land), the undertaker may” . 12 In Part 5 (powers of acquisition), article 32 (Temporary use of land for maintaining the authorised development), paragraph (1) after “Subject to paragraph (2),” insert “and article 21A (supplemental land),” . 13 In Part 5 (powers of acquisition), article 33 (Statutory undertakers), after “Subject to the provisions of Schedule 12 (protective provisions)” insert “and article 21A (supplementary land)” . Amendment to Schedule 1 (authorised development) 14 In Schedule 1 (authorised development), before Work No. 7 insert— Work No. 6A – above ground installations required to facilitate Work No. 6, comprising— a above and below ground piping; b a PIG launcher; c remotely operated valves and valve bypass; and d instrumentation and electrical kiosk. 15 In Schedule 1 (authorised development), Work No. 9 is amended as follows— a after paragraph (e) “Work No. 9E – Saltholme laydown;” omit “and”; b after paragraph (f) “Work No. 9F – Haverton Hill laydown” for “.” substitute “; and” ; and c after paragraph (f) “Work No. 9F – Haverton Hill laydown; and” insert— g Work No. 9G – temporary construction laydown area. . Amendment to Schedule 2 (requirements) 16 In Schedule 2 (requirements) paragraph 3 (detailed design) sub-paragraph (4) is amended as follows— a at the end of sub-paragraph (b) omit “and”; b at the end of sub-paragraph (c) for “.” substitute “; and” ; and c after sub-paragraph (c) insert— d the siting and external appearance of cable support structures. Amendment to Schedule 12 (protective provisions) 17 In Schedule 12 (protective provisions) part 18 (for the protection of Anglo American) in paragraph 230 omit the existing definition of “Shared Area 5” and substitute ““ Shared Area 5 ” means the land comprising plots 417, 418, 427, 432, 436, 439, 543, 545, 546, 547 and 548 on the land plans;” . Amendment to Schedule 14 (documents and plans to be certified) 18 In Schedule 14 (documents and plans to be certified) Table 13 is omitted and replaced with the following— Table 13 (1) Document name (2) Document reference (3) Revision number (4) Date access and rights of way plans 4.5 7 January 2025 application guide 1.2 20 February 2025 book of reference 3.1 8 April 2023 supplemental book of reference 3.1b 1 January 2025 design and access statement 5.4 6 February 2025 environmental statement Non-technical summary, 6.1 – As listed in the application guide Volume 1, 6.2 – Volume 2, 6.3 – Volume 3, 6.4 – Non-technical Summary of Environmental Statement Addendum, 7.7 – Environmental Statement Addendum Volume 1, 7.8.1 – Environmental Statement Addendum Volume II, 7.8.2 – Non-Technical Summary of Second Environmental Statement Addendum, 7.10 – Second Environmental Statement Addendum, Volume 1, 7.11.1 – Second Environmental Statement Addendum, Volume II, 7.11.2 – Non-Technical Summary of Third Environmental Statement Addendum, 7.14 – Third Environmental Statement Addendum – Volume 1, 7.15.1 – Third Environmental Statement Addendum Volume II, 7.15.2 – DCO Non-Material Change Environmental Statement Addendum Volume I – Main Text (6.7a) – DCO Non-Material Change Environmental Statement Addendum – Volume II – Figures (6.7b) – DCO Non-Material Change Environmental Statement Non-Technical Summary – (6.7c) – framework construction environmental management plan 6.45 3 October 2022 indicative lighting strategy 5.11 1 May 2021 indicative landscape and biodiversity strategy 5.12 2 August 2022 land plans 4.2 7 January 2025 Net Zero Teesside Anglo American Shared Areas Plan 4.17 2 January 2025 parking plan 4.16.2 3 October 2022 PCC site access plan 4.16.3 2 August 2022 Sembcorp Pipeline Corridor protective provisions supporting plan 4.19 2 January 2025 Sembcorp Protection Corridor protective provisions supporting plans 4.20 2 January 2025 updated landscape and biodiversity plan 4.15 5 January 2025 water connection plan 4.16.4 2 August 2022 works plans 4.4 7 January 2025 Signed by authority of the Secretary of State for Energy Security and Net Zero John Wheadon Head of Energy Infrastructure Planning Delivery Department for Energy Security and Net Zero 28th October 2025 EXPLANATORY NOTE (This note is not part of the Order) This Order amends the Net Zero Teesside Order 2024, a development consent order made under the Planning Act 2008, following an application made in accordance with the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 for a non-material change under paragraph 2 of Schedule 6 to the Planning Act 2008. 2008 c. 29 . Paragraph 2 of Schedule 6 was amended by paragraph 4 of Schedule 8 to the Marine and Coastal Access Act 2009 (c. 23) , by paragraph 72 of Schedule 13 and paragraph 1 of Schedule 25 to the Localism Act 2011 (c. 20) , and by section 28 of the Infrastructure Act 2015 (c. 7) . There are other amendments to the Act which are not relevant to this Order. S.I. 2011/2055 , as amended by S.I. 2012/635 , S.I. 2012/2654 , S.I. 2012/2732 , S.I. 2013/522 , S.I. 2013/755 , S.I. 2015/377 , S.I. 2015/760 , S.I. 2015/1682 , S.I. 2017/314 , S.I. 2017/524 , S.I. 2018/378 , S.I. 2019/734 , S.I. 2020/764 and S.I. 2020/1534 . S.I. 2024/174 .
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[uk-legislation-uksi][uksi] 2025-11-05 The Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1162/made
http://www.legislation.gov.uk/uksi/2025/1162/made The Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2025 King's Printer of Acts of Parliament 2025-11-05 AGRICULTURE, ENGLAND FOOD, ENGLAND These Regulations amend Commission Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council and repealing Commission Regulations (EC) No 669/2009, (EU) No 884/2014, (EU) 2015/175, (EU) 2017/186 and (EU) 2018/1660, in relation to England (“EUR 2019/1793”). 2025 No. 1162 AGRICULTURE, ENGLAND FOOD, ENGLAND The Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2025 Made 3rd November 2025 Laid before Parliament 5th November 2025 Coming into force 1st January 2026 The Secretary of State makes these Regulations in exercise of the powers conferred by Articles 53(1)(b) and 57a(6) of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (“ Regulation 178/2002 ”) and Articles 34(6), 47(2)(b), 54(4)(a) and (b) and 144(6) of Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products (“ Official Controls Regulation ”). As required by Article 9 of Regulation 178/2002 , there has been open and transparent public consultation during the preparation and evaluation of these Regulations. As required by Article 144(7) of the Official Controls Regulation, the Secretary of State has consulted with such bodies or persons as appear appropriate. Citation, commencement, extent and application 1 1 These Regulations may be cited as the Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793 ) (England) Regulations 2025 and come into force on 1st January 2026. 2 These Regulations extend to England and Wales but apply in relation to England only. Amendment of Commission Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures, etc. 2 1 Commission Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council and repealing Commission Regulations (EC) No 669/2009 , (EU) No 884/2014 , (EU) 2015/175 , (EU) 2017/186 and (EU) 2018/1660 is amended as follows. 2 In Article 1(1) (subject matter and scope)— a in sub-paragraphs (a) and (b)(i), for the words “CN Codes and TARIC classifications” substitute “commodity codes” ; b in sub-paragraph (b)(ii), for “CN codes” substitute “commodity codes” . 3 For Article 2A (references to CN codes and TARIC classifications) substitute— Definition of commodity code Article 2A For the purposes of this Regulation, ‘commodity code’ has the meaning given in the customs tariff, as established under section 8(1) of the Taxation (Cross-border Trade) Act 2018 . . 4 In Article 5 (list of food and feed of non-animal origin) in paragraph (2), for “codes from the Combined Nomenclature and the TARIC sub-division” substitute “commodity code” . 5 In Article 7 (entry into Great Britain) in paragraph (2), after “on the basis of the” insert “commodity” . 6 For Annex I (food and feed of non-animal origin from certain third countries subject to a temporary increase of official controls at border control posts and control points), substitute the Annex contained in Schedule 1. 7 For Annex II (food and feed from certain third countries subject to special conditions for the entry into Great Britain due to contamination risk by mycotoxins, including aflatoxins, pesticide residues, pentachlorophenol and dioxins and microbiological contamination), substitute the Annex contained in Schedule 2. 8 In Annex IIa (food and feed from certain third countries subject to suspension of entry into Great Britain referred to in Article 11A), in the table (England)— a for the column heading “ CN code ” substitute “ Commodity code ” ; b omit the column with the heading “ TARIC sub-division ”; and c in table footnote (1), for “ CN code ” in both places it appears, substitute “ commodity code ” . Ashley Dalton Parliamentary Under Secretary of State 3rd November 2025 Department of Health and Social Care Schedule 1 Annex to be substituted for Annex I to Commission Implementing Regulation (EU) 2019/1793 Regulation 2(6) Annex I Food and feed of non-animal origin from certain third countries subject to a temporary increase of official controls at border control posts and control points Row Country of origin Food and feed (intended use) Commodity code Hazard Frequency of physical and identity checks (%) (1) Where only certain products under any commodity code are required to be examined, the commodity code is marked ‘ex’. (2) The sampling and the analyses must be performed in accordance with the sampling procedures and the analytical reference methods set out in point 1(a) of Annex III to this Regulation. (3) The sampling and the analyses must be performed in accordance with the sampling procedures and the analytical reference methods set out in point 1(b) of Annex III to this Regulation. (4) Residues of at least those pesticides listed in the control programme adopted in accordance with Article 29(2) of Regulation (EC) No 396/2005 of the European Parliament and of the Council on maximum residue levels of pesticides in or on food and feed of plant and animal origin that can be analysed with multi-residue methods based on GC-MS and LC-MS (pesticides to be monitored in or on products of plant origin only). (5) Residues of Ethephon. (6) For the purposes of this Annex, ‘Sudan dyes’ refers to the following chemical substances: (i) Sudan I (CAS Number 842-07-9); (ii) Sudan II (CAS Number 3118-97-6); (iii) Sudan III (CAS Number 85-86-9); (iv) Scarlet Red; or Sudan IV (CAS Number 85-83-6). (7) Residues of Penthiopyrad. (8) Residues of Ethylene Oxide (sum of ethylene oxide and 2-chloro-ethanol, expressed as ethylene oxide). (9) Residues of Picoxystrobin. (10) Residues of Trichlorfon. (11) Residues of Anthraquinone. (12) ‘Unprocessed products’ as defined in Regulation (EC) No 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs . (13) ‘Placing on the market’ and ‘final consumer’ as respectively defined in Article 3(8) and (18) of Regulation (EC) No 178/2002 . (14) The following reference methods may be used: (1) BS EN 1988-1:1998 “Foodstuffs. Determination of sulfite - Optimized Monier-Williams method”, published by the British Standards Institution on 15th June 1998 (ISBN 0 580 29239 8), available from the British Standards Institution at https://knowledge.bsigroup.com ; (2) BS EN 1988-2:1998 “Foodstuffs. Determination of sulfite - Enzymatic method”, published by the British Standards Institution on 15th June 1998 (ISBN 0 580 29240 1), available from the British Standards Institution at https://knowledge.bsigroup.com ; (3) ISO 5522:1981 “Fruits, vegetables and derived products — Determination of total sulphur dioxide content”, published by the International Organization for Standardization in September 1981, edition 1, available from the ISO at https://www.iso.org . 1 Bolivia (BO) Groundnut flours and meals (Food and feed) 1208 90 00 20 Aflatoxins 50 Groundnuts paste (Food and feed) 2007 10 10 80 2007 10 99 50 2007 99 39 07 2007 99 39 08 Groundnuts (peanuts), in shell (Food and feed) 1202 41 00 Groundnuts (peanuts), otherwise prepared or preserved (Food and feed) 2008 11 91 2008 11 96 2008 11 98 Groundnuts (peanuts), shelled (Food and feed) 1202 42 00 Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil (Food and feed) 2305 00 00 Peanut butter (Food and feed) 2008 11 10 2 Brazil (BR) Black pepper ( Piper ) (Food – neither crushed nor ground) 0904 11 00 10 Salmonella 50 Papaws (Papaya) (Food) 0807 20 00 Pesticide Residues 10 3 China (CN) Groundnut flours and meals (Food and feed) 1208 90 00 20 Aflatoxins 10 Groundnuts paste (Food and feed) 2007 10 10 80 2007 10 99 50 2007 99 39 07 2007 99 39 08 Groundnuts (peanuts), in shell (Food and feed) 1202 41 00 Groundnuts (peanuts), otherwise prepared or preserved (Food and feed) 2008 11 91 2008 11 96 2008 11 98 Groundnuts (peanuts), shelled (Food and feed) 1202 42 00 Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil (Food and feed) 2305 00 00 Peanut butter (Food and feed) 2008 11 10 4 Colombia (CO) Granadilla ( Passiflora ligularis ) and passion fruit ( Passiflora edulis ) (Food) 0810 90 20 40 0810 90 20 50 Pesticide residues 10 5 Dominican Republic (DO) Aubergines ( Solanum melongena ) (Food – fresh or chilled) 0709 30 00 05 Pesticide residues 50 Peppers of the genus Capsicum (other than sweet) (Food – fresh, chilled or frozen) 0709 60 99 20 0710 80 59 20 Pesticide residues 50 Sweet peppers ( Capsicum annuum ) (Food – fresh, chilled or frozen) 0709 60 10 0710 80 51 Pesticide residues Yardlong beans ( Vigna unguiculata subsp. sesquipedalis ) (Food – fresh, chilled or frozen) ex0708 20 00 10 ex0710 22 00 10 Pesticide residues 6 Ecuador (EC) Bananas (Food - fresh or dried) 0803 90 Pesticide residues 5 7 Egypt (EG) Oranges (Food – fresh or dried) 0805 10 Pesticide residues 10 Peppers of the genus Capsicum (other than sweet) (Food – fresh, chilled or frozen) 0709 60 99 20 0710 80 59 20 Pesticide residues 20 Sweet peppers (Capsicum annuum) (Food – fresh, chilled or frozen) 0709 60 10 0710 80 51 Pesticide residues 20 8 Georgia (GE) Hazelnuts (Corylus spp.), in shell (Food) 0802 21 00 Aflatoxins 20 Hazelnuts (Corylus spp.), shelled (Food) 0802 22 00 Hazelnuts, otherwise prepared or preserved, including mixtures (Food) 2008 19 12 30 2008 19 19 30 2008 19 92 30 2008 19 95 20 2008 19 99 30 2008 97 12 15 2008 97 14 15 2008 97 16 15 2008 97 18 15 2008 97 32 15 2008 97 34 15 2008 97 36 15 2008 97 38 15 2008 97 51 15 2008 97 59 15 2008 97 72 15 2008 97 74 15 2008 97 76 15 2008 97 78 15 2008 97 92 15 2008 97 93 15 2008 97 94 15 2008 97 96 15 2008 97 97 15 2008 97 98 15 Flour, meal and powder of hazelnuts (Food) 1106 30 90 40 Hazelnut oil (Food) 1515 90 99 20 Hazelnut paste (Food) 2007 10 10 70 2007 10 99 40 2007 99 39 05 2007 99 39 06 2007 99 50 33 2007 99 97 23 Mixtures of nuts or dried fruits containing hazelnuts (Food) 0813 50 39 70 0813 50 91 70 0813 50 99 70 9 Ghana (GH) Palm oil (Food) 1511 10 90 1511 90 11 ex1511 90 19 90 1511 90 99 Sudan dyes 20 10 Israel (IL) Basil (holy, sweet) (Food – fresh or chilled herbs) 1211 90 86 20 Pesticide residues 10 Mint (Food – fresh or chilled herbs) 1211 90 86 30 Pesticide residues 10 11 India (IN) Cinnamon and cinnamon-tree flowers (Food – dried spices) 0906 Pesticide residues 10 Cloves (whole fruit, cloves and stems) (Food – dried spices) 0907 Pesticide residues Cumin seeds, neither crushed nor ground (Food) 0909 31 00 Pesticide residues Cumin seeds, crushed or ground (Food) 0909 32 00 Pesticide residues Curry leaves ( Bergera/ Murraya koenigii ) (Food – fresh, chilled, frozen or dried) 1211 90 86 10 Pesticide residues 50 Fenugreek leaves (Food) ex0910 99 91 ex0910 99 99 Pesticide residues 10 Guar gum (Food and feed) ex1302 32 90 Pentachlorophenol and dioxins 20 Nutmeg ( Myristica fragrans ) (Food – dried spices) 0908 11 00 0908 12 00 Aflatoxins 50 Nutmeg, mace and cardamoms (Food – dried spices) 0908 Pesticide residues 50 Peppers of the genus Capsicum (sweet or other than sweet) (Food - dried, roasted, crushed or ground) 0904 21 10 0904 21 90 20 0904 22 00 11 0904 22 00 19 ex2005 99 10 10 ex2005 99 10 90 ex2005 99 80 94 Aflatoxins 20 Rice (Food) 1006 Aflatoxins and Ochratoxin A 5 Pesticide residues 5 Yardlong beans ( Vigna unguiculata subsp. sesquipedalis ) (Food - fresh, chilled or frozen) ex0708 20 00 10 ex0710 22 00 10 Pesticide residues 20 12 Iran (IR) Melon seeds (Food) 1207 70 Aflatoxins 10 13 Kenya (KE) Beans ( Vigna spp., Phaseolus spp.) (Food – fresh or chilled) 0708 20 Pesticide residues 10 Peppers of the genus Capsicum (other than sweet) (Food – fresh, chilled or frozen) 0709 60 99 20 0710 80 59 20 Pesticide residues 10 14 Cambodia (KH) Chinese celery ( Apium graveolens ) (Food – fresh or chilled herb) 0709 40 00 20 Pesticide residues 50 Yardlong beans ( Vigna unguiculata subsp . sesquipedalis) (Food – fresh, chilled or frozen) ex0708 20 00 10 ex0710 22 00 10 Pesticide residues 50 15 Lebanon (LB) Turnips ( Brassica rapa subsp . rapa ) (Food – prepared or preserved by vinegar or acetic acid) 2001 90 97 11 2001 90 97 19 Rhodamine B 50 Turnips ( Brassica rapa subsp . rapa ) (Food – prepared or preserved by brine or citric acid, not frozen) ex2005 99 80 93 Rhodamine B 50 16 Sri Lanka (LK) Mukunuwenna (Alternanthera sessilis ) (Food) 0709 99 90 35 Pesticide residues 10 17 Madagascar (MG) Cow peas ( Vigna unguiculata subspp.) (Food) 0713 35 00 Pesticide residues 10 Groundnut flours and meals (Food and feed) 1208 90 00 20 Aflatoxins 50 Groundnuts paste (Food and feed) 2007 10 10 80 2007 10 99 50 2007 99 39 07 2007 99 39 08 Groundnuts (peanuts), in shell (Food and feed) 1202 41 00 Groundnuts (peanuts), otherwise prepared or preserved (Food and feed) 2008 11 91 2008 11 96 2008 11 98 Groundnuts (peanuts), shelled (Food and feed) 1202 42 00 Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil (Food and feed) 2305 00 00 Peanut butter (Food and feed) 2008 11 10 18 Malaysia (MY) Jackfruit ( Artocarpus heterophyllus ) (Food – fresh) 0810 90 20 20 Pesticide residues 20 19 Nigeria (NG) Sesamum seeds (Food) 1207 40 2008 19 19 49 2008 19 99 49 Salmonella 50 20 Pakistan (PK) Rice (Food) 1006 Aflatoxins and Ochratoxin A 5 Pesticide residues 5 21 Paraguay (PY) Groundnuts (peanuts), in shell (Food and feed) 1202 41 00 Aflatoxins 10 Groundnuts (peanuts), shelled (Food and feed) 1202 42 00 Groundnuts (peanuts), otherwise prepared or preserved (Food and feed) 2008 11 91 2008 11 96 2008 11 98 Groundnut flours and meals (Food and feed) 1208 90 00 20 Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil (Food and feed) 2305 00 00 Groundnuts paste (Food and feed) 2007 10 10 80 2007 10 99 50 2007 99 39 07 2007 99 39 08 Peanut butter (Food and feed) 2008 11 10 22 Sierra Leone (SL) Watermelon (egusi, Citrullus spp . ) seeds and derived products (Food) 1207 70 00 10 1208 90 00 10 2008 99 99 50 Aflatoxins 50 23 Senegal (SN) Groundnuts (peanuts), in shell (Food and feed) 1202 41 00 Aflatoxins 50 Groundnuts (peanuts), shelled (Food and feed) 1202 42 00 Groundnuts (peanuts), otherwise prepared or preserved (Food and feed) 2008 11 91 2008 11 96 2008 11 98 Groundnut flours and meals (Food and feed) 1208 90 00 20 Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil (Food and feed) 2305 00 00 Groundnuts paste (Food and feed) 2007 10 10 80 2007 10 99 50 2007 99 39 07 2007 99 39 08 Peanut butter (Food and feed) 2008 11 10 24 Syria (SY) Sesamum seeds (Food) 1207 40 2008 19 19 49 2008 19 99 49 Salmonella 10 Tahini and halva from Sesamum seeds (Food) 1704 90 99 12 1704 90 99 92 1806 20 95 13 1806 20 95 93 1806 90 50 10 1806 90 60 11 1806 90 60 91 2008 19 19 41 2008 19 99 41 Salmonella 10 Turnips ( Brassica rapa subsp. rapa ) (Food – prepared or preserved by vinegar or acetic acid) 2001 90 97 11 2001 90 97 19 Rhodamine B 50 Turnips ( Brassica rapa subsp. rapa ) (Food – prepared or preserved by brine or citric acid, not frozen) ex2005 99 80 93 Rhodamine B 50 25 Thailand (TH) Food containing or consisting of betel leaves ( Piper betle ) (Food) ex1404 90 00 Salmonella 10 Peppers of the genus Capsicum (other than sweet) (Food – fresh, chilled or frozen) 0709 60 99 20 0710 80 59 20 Pesticide residues 50 Pitahaya (dragon fruit) (Food - fresh or chilled) 0810 90 20 10 Pesticide residues 10 26 Türkiye (TR) Grapefruits (Food) ex0805 40 00 Pesticide residues 10 Lemons ( Citrus limon, Citrus limonum) (Food – fresh, chilled or dried) 0805 50 10 Pesticide residues 20 Mandarins (including tangerines and satsumas); clementines, wilkings and similar citrus hybrids (Food – fresh or dried) 0805 21 0805 22 0805 29 Pesticide residues 20 Oranges (Food – fresh or dried) 0805 10 Pesticide residues 20 Pomegranates (Food – fresh or chilled) 0810 90 75 30 Pesticide residues 20 Peppers of the genus Capsicum (other than sweet) (Food – fresh, chilled or frozen) 0709 60 99 20 0710 80 59 20 Pesticide residues 20 Sesamum seeds (Food) 1207 40 2008 19 19 49 2008 19 99 49 Salmonella 10 Sweet Peppers ( Capsicum annuum) (Food – fresh, chilled or frozen) 0709 60 10 0710 80 51 Pesticide residues 20 Tahini and halva from Sesamum seeds (Food) 1704 90 99 12 1704 90 99 92 1806 20 95 13 1806 20 95 93 1806 90 50 10 1806 90 60 11 1806 90 60 91 2008 19 19 41 2008 19 99 41 Salmonella 10 Unprocessed whole, ground, milled, cracked, chopped apricot kernels intended to be placed on the market for the final consumer (Food) 1212 99 95 20 Cyanide 50 27 United States (US) Groundnuts (peanuts), in shell (Food and feed) 1202 41 00 Aflatoxins 10 Groundnuts (peanuts), shelled (Food and feed) 1202 42 00 Groundnuts (peanuts), otherwise prepared or preserved (Food and feed) 2008 11 91 2008 11 96 2008 11 98 Groundnut flours and meals (Food and feed) 1208 90 00 20 Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil (Food and feed) 2305 00 00 Groundnuts paste (Food and feed) 2007 10 10 80 2007 10 99 50 2007 99 39 07 2007 99 39 08 Peanut butter (Food and feed) 2008 11 10 28 Uzbekistan (UZ) Apricots, otherwise prepared or preserved (Food) 2008 50 Sulphites 50 Dried apricots (Food) 0813 10 00 Sulphites 50 29 Vietnam (VN) Basil (holy, sweet) (Food – fresh or chilled herbs) 1211 90 86 20 Pesticide residues 50 Coriander leaves (Food – fresh or chilled herbs) 0709 99 90 72 Pesticide residues 50 Mint (Food – fresh or chilled herbs) 1211 90 86 30 Pesticide residues 50 Okra (Food - fresh, chilled or frozen) 0709 99 90 20 0710 80 95 30 Pesticide residues 20 Parsley (Food - fresh or chilled herbs) 0709 99 90 40 Pesticide residues 50 Peppers of the genus Capiscum (other than sweet) (Food - fresh, chilled or frozen) 0709 60 99 20 0710 80 59 20 Pesticide residues 50 Pitahaya (dragon fruit) (Food - fresh or chilled) 0810 90 20 10 Pesticide residues 50 Schedule 2 Annex to be substituted for Annex II to Commission Implementing Regulation (EU) 2019/1793 Regulation 2(7) Annex II Food and feed from certain third countries subject to special conditions for entry into Great Britain due to contamination risk by mycotoxins, including aflatoxins, pesticide residues and microbiological contamination Table 1 Food and feed of non-animal origin referred to in Article 1(1)(b)(i) Row Country of origin Food and feed (intended use) Commodity code Hazard Frequency of physical and identity checks (%) (1) Where only certain products under any commodity code are required to be examined, the commodity code is marked “ex”. (2) The sampling and the analyses must be performed in accordance with the sampling procedures and the analytical reference methods set out in point 1(a) of Annex III to this Regulation. (3) The sampling and the analyses must be performed in accordance with the sampling procedures and the analytical reference methods set out in point 1(b) of Annex III to this Regulation. (4) Residues of at least those pesticides listed in the control programme adopted in accordance with Article 29(2) of Regulation (EC) No 396/2005 of the European Parliament and of the Council on maximum residue levels of pesticides in or on food and feed of plant and animal origin that can be analysed with multi-residue methods based on GC-MS and LC-MS (pesticides to be monitored in or on products of plant origin only). (5) Residues of Ethylene Oxide (sum of ethylene oxide and 2-chloro-ethanol, expressed as ethylene oxide). (6) Residues of Picoxystrobin. (7) Residues of Trichlorfon. 1 Argentina (AR) Groundnut flours and meals (Food and feed) 1208 90 00 20 Aflatoxins 5 Groundnuts paste (Food and feed) 2007 10 10 80 2007 10 99 50 2007 99 39 07 2007 99 39 08 Groundnuts (peanuts), in shell (Food and feed) 1202 41 00 Groundnuts (peanuts), otherwise prepared or preserved (Food and feed) 2008 11 91 2008 11 96 2008 11 98 Groundnuts (peanuts), shelled (Food and feed) 1202 42 00 Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil (Food and feed) 2305 00 00 Peanut butter (Food and feed) 2008 11 10 2 Azerbaijan (AZ) Hazelnuts ( Corylus spp.), in shell (Food) 0802 21 00 Aflatoxins 20 Hazelnuts ( Corylus spp.), shelled (Food) 0802 22 00 Hazelnuts, otherwise prepared or preserved, including mixtures (Food) 2008 19 12 30 2008 19 19 30 2008 19 92 30 2008 19 95 20 2008 19 99 30 2008 97 12 15 2008 97 14 15 2008 97 16 15 2008 97 18 15 2008 97 32 15 2008 97 34 15 2008 97 36 15 2008 97 38 15 2008 97 51 15 2008 97 59 15 2008 97 72 15 2008 97 74 15 2008 97 76 15 2008 97 78 15 2008 97 92 15 2008 97 93 15 2008 97 94 15 2008 97 96 15 2008 97 97 15 2008 97 98 15 Flour, meal and powder of hazelnuts (Food) 1106 30 90 40 Hazelnut oil (Food) 1515 90 99 20 Hazelnut paste (Food) 2007 10 10 70 2007 10 99 40 2007 99 39 05 2007 99 39 06 2007 99 50 33 2007 99 97 23 Mixtures of nuts or dried fruits containing hazelnuts (Food) 0813 50 39 70 0813 50 91 70 0813 50 99 70 3 Bangladesh (BD) Food containing or consisting of betel leaves ( Piper betle ) (Food) ex1404 90 00 Salmonella 50 4 Brazil (BR) Brazil nuts, in shell (Food) 0801 21 00 Aflatoxins 50 Mixtures of nuts or dried fruits containing Brazil nuts in shell (Food) 0813 50 31 20 0813 50 39 20 0813 50 91 20 0813 50 99 20 5 China (CN) Enoki Mushrooms (Food) ex0709 59 00 Listeria 20 Tea, whether or not flavoured (Food) 0902 Pesticide residues 5 6 Egypt (EG) Groundnut flours and meals (Food and feed) 1208 90 00 20 Aflatoxins 20 Groundnut paste (Food and feed) 2007 10 10 80 2007 10 99 50 2007 99 39 07 2007 99 39 08 Groundnuts (peanuts), in shell (Food and feed) 1202 41 00 Groundnuts (peanuts), otherwise prepared or preserved (Food and feed) 2008 11 91 2008 11 96 2008 11 98 Groundnuts (peanuts), shelled (Food and feed) 1202 42 00 Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil (Food and feed) 2305 00 00 Peanut butter (Food and feed) 2008 11 10 Vine leaves (Food) 2008 99 99 11 2008 99 99 19 Pesticide residues 20 7 Ethiopia (ET) Ginger, saffron, turmeric (Curcuma), thyme, bay leaves, curry and other spices (Food – dried spices) 0910 Aflatoxins 50 Pepper of the genus Piper ; dried or crushed or ground fruit of the genus Capsicum or of the genus Pimenta (Food – dried spices) 0904 Aflatoxins 50 Sesamum seeds (Food) 1207 40 2008 19 19 49 2008 19 99 49 Salmonella 50 8 Ghana (GH) Groundnuts (peanuts), in shell (Food and feed) 1202 41 00 Aflatoxins 50 Groundnuts (peanuts), shelled (Food and feed) 1202 42 00 Groundnuts (peanuts), otherwise prepared or preserved (Food and feed) 2008 11 91 2008 11 96 2008 11 98 Groundnut flours and meals (Food and feed) 1208 90 00 20 Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil (Food and feed) 2305 00 00 Groundnuts paste (Food and feed) 2007 10 10 80 2007 10 99 50 2007 99 39 07 2007 99 39 08 Peanut butter (Food and feed) 2008 11 10 9 The Gambia (GM) Groundnuts (peanuts), in shell (Food and feed) 1202 41 00 Aflatoxins 50 Groundnuts (peanuts), shelled (Food and feed) 1202 42 00 Groundnuts (peanuts), otherwise prepared or preserved (Food and feed) 2008 11 91 2008 11 96 2008 11 98 Groundnut flours and meals (Food and feed) 1208 90 00 20 Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil (Food and feed) 2305 00 00 Groundnuts paste (Food and feed) 2007 10 10 80 2007 10 99 50 2007 99 39 07 2007 99 39 08 Peanut butter (Food and feed) 2008 11 10 10 Indonesia (ID) Nutmeg ( Myristica fragrans ) (Food – dried spices) 0908 11 00 0908 12 00 Aflatoxins 10 11 India (IN) Drumsticks (Moringa oleifera) (Food fresh, chilled or frozen) 0709 99 90 10 0710 80 95 75 Pesticide residues 20 Food containing or consisting of betel leaves ( Piper betle ) (Food) ex1404 90 00 Salmonella ` 10 Ginger, saffron, turmeric (Curcuma) , thyme, bay leaves, curry and other spices (Food - dried spices) 0910 Pesticide residues 20 Groundnut flours and meals (Food and feed) 1208 90 00 20 Aflatoxins 50 Groundnuts paste (Food and feed) 2007 10 10 80 2007 10 99 50 2007 99 39 07 2007 99 39 08 Groundnuts (peanuts), in shell (Food and feed) 1202 41 00 Groundnuts (peanuts), otherwise prepared or preserved (Food and feed) 2008 11 91 2008 11 96 2008 11 98 Groundnuts (peanuts), shelled (Food and feed) 1202 42 00 Okra (Food- fresh, chilled or frozen) 0709 99 90 20 0710 80 95 30 Pesticide residues 20 Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil (Food and feed) 2305 00 00 Aflatoxins 50 Peanut butter (Food and feed) 2008 11 10 Peppers of the genus Capsicum (other than sweet) (Food – fresh, chilled or frozen) 0709 60 99 20 0710 80 59 20 Pesticide residues 20 Peppers of the genus Capsicum (sweet or other than sweet) (Food – dried, roasted, crushed or ground) 0904 ex2005 99 10 10 ex2005 99 10 90 ex2005 99 80 94 Pesticide residues 20 Seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries (Food – dried spices) 0909 Pesticide residues 20 Sesamum seeds (Food) 1207 40 2008 19 19 49 2008 19 99 49 Salmonella 30 Pesticides residues 30 12 Iran (IR) Pistachios, in shell (Food) 0802 51 00 Aflatoxins 50 Pistachios, shelled (Food) 0802 52 00 Pistachios, prepared or preserved, including mixtures (Food) 2008 19 13 20 2008 19 93 20 2008 97 12 19 2008 97 14 19 2008 97 16 19 2008 97 18 19 2008 97 32 19 2008 97 34 19 2008 97 36 19 2008 97 38 19 2008 97 51 19 2008 97 59 19 2008 97 72 19 2008 97 74 19 2008 97 76 19 2008 97 78 19 2008 97 92 19 2008 97 93 19 2008 97 94 19 2008 97 96 19 2008 97 97 19 2008 97 98 19 Flour, meal and powder of pistachios (Food) 1106 30 90 50 Pistachio paste (Food) 2007 10 10 60 2007 10 99 30 2007 99 39 03 2007 99 39 04 2007 99 50 32 2007 99 97 22 Mixtures of nuts or dried fruits containing pistachios (Food) 0813 50 39 60 0813 50 91 60 0813 50 99 60 13 South Korea (KR) Enoki mushrooms (Food) ex0709 59 00 Listeria 20 14 Sri Lanka (LK) Peppers of the genus Capsicum (sweet or other than sweet) (Food – dried, roasted, crushed or ground) 0904 21 10 0904 21 90 20 0904 22 00 11 0904 22 00 19 ex2005 99 10 10 ex2005 99 10 90 ex2005 99 80 94 Aflatoxins 50 15 Nigeria (NG) Watermelon (egusi, Citrullus spp.) seeds and derived products (Food) 1207 70 00 10 1208 90 00 10 2008 99 99 50 Aflatoxins 50 16 Pakistan (PK) Peppers of the genus Capsicum (other than sweet) (Food – fresh, chilled or frozen) 0709 60 99 20 0710 80 59 20 Pesticide residues 20 Spice mixes (Food) 0910 91 10 0910 91 90 Aflatoxins 10 17 Sudan (SD) Groundnuts (peanuts), in shell (Food and feed) 1202 41 00 Aflatoxins 50 Groundnuts (peanuts), shelled (Food and feed) 1202 42 00 Groundnuts (peanuts), otherwise prepared or preserved (Food and feed) 2008 11 91 2008 11 96 2008 11 98 Groundnut flours and meals (Food and feed) 1208 90 00 20 Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil (Food and feed) 2305 00 00 Groundnuts paste (Food and feed) 2007 10 10 80 2007 10 99 50 2007 99 39 07 2007 99 39 08 Peanut butter (Food and feed) 2008 11 10 Sesamum seeds (Food) 1207 40 2008 19 19 49 2008 19 99 49 Salmonella 50 18 Türkiye (TR) Dried figs (Food) 0804 20 90 Aflatoxins 20 Dried figs, prepared or preserved, including mixtures (Food) 2008 97 12 11 2008 97 14 11 2008 97 16 11 2008 97 18 11 2008 97 32 11 2008 97 34 11 2008 97 36 11 2008 97 38 11 2008 97 51 11 2008 97 59 11 2008 97 72 11 2008 97 74 11 2008 97 76 11 2008 97 78 11 2008 97 92 11 2008 97 93 11 2008 97 94 11 2008 97 96 11 2008 97 97 11 2008 97 98 11 2008 99 28 10 2008 99 34 10 2008 99 37 10 2008 99 40 10 2008 99 49 60 2008 99 67 95 2008 99 99 60 Flour, meal or powder of dried figs (Food) 1106 30 90 60 Dried fig paste (Food) 2007 10 10 50 2007 10 99 20 2007 99 39 01 2007 99 39 02 2007 99 50 31 2007 99 97 21 Mixtures of nuts or dried fruits containing figs (Food) 0813 50 99 50 Pistachios, in shell (Food) 0802 51 00 Aflatoxins 50 Pistachios, shelled (Food) 0802 52 00 Pistachios, prepared or preserved, including mixtures (Food) 2008 19 13 20 2008 19 93 20 2008 97 12 19 2008 97 14 19 2008 97 16 19 2008 97 18 19 2008 97 32 19 2008 97 34 19 2008 97 36 19 2008 97 38 19 2008 97 51 19 2008 97 59 19 2008 97 72 19 2008 97 74 19 2008 97 76 19 2008 97 78 19 2008 97 92 19 2008 97 93 19 2008 97 94 19 2008 97 96 19 2008 97 97 19 2008 97 98 19 Flour, meal and powder of pistachios (Food) 1106 30 90 50 Pistachio paste (Food) 2007 10 10 60 2007 10 99 30 2007 99 39 03 2007 99 39 04 2007 99 50 32 2007 99 97 22 Mixtures of nuts or dried fruits containing pistachios (Food) 0813 50 39 60 0813 50 91 60 0813 50 99 60 Vine leaves (Food) 2008 99 99 11 2008 99 99 19 Pesticide residues 50 19 Uganda (UG) Peppers of the genus Capsicum (other than sweet) (Food - fresh, chilled or frozen) 0709 60 99 20 0710 80 59 20 Pesticide residues 20 Sesamum seeds (Food) 1207 40 2008 19 19 49 2008 19 99 49 Salmonella 20 Table 2 Compound food referred to in Article 1(1)(b)(ii) Compound food containing any of the individual products listed in Table 1 of this Annex due to risk of contamination by aflatoxins in a quantity above 20% of either a single product or as the sum of products listed. Commodity Code Description (1) Where only certain products under any commodity code are required to be examined, the commodity code is marked “ex”. (2) Mixtures of two or more of the products of different headings are to be classified in heading 0910. ex1704 90 Sugar confectionery (including white chocolate), not containing cocoa, other than chewing gum, whether or not sugar-coated. ex1806 Chocolate and other food preparations containing cocoa. ex1905 Bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products. 0910 91 Mixtures of spices . Explanatory Note (This note is not part of the Regulations) These Regulations amend Commission Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council and repealing Commission Regulations (EC) No 669/2009 , (EU) No 884/2014 , (EU) 2015/175 , (EU) 2017/186 and (EU) 2018/1660 , in relation to England (“ EUR 2019/1793 ”). Regulation 2 updates the lists of high-risk food and feed of non-animal origin in Annexes I and II to EUR 2019/1793 . Regulation 2(6) and (7), and Schedules 1 and 2, substitute those Annexes. In addition to substituting the lists in Annexes I and II to EUR 2019/1793 , insofar as they apply to England, these Regulations amend the presentation of the codes used to identify the food and feed subject to controls. References to “Combined Nomenclature (CN) codes” and “TARIC sub-divisions” are updated to a single “commodity code” to align with the United Kingdom’s Integrated Tariff system. The lists are amended to remove the “ex” markings from certain commodities which are not required as a result of adopting the UK's Integrated Tariff system post EU-Exit. The Annexes are now updated to align the presentation of the commodity codes with the UK's Integrated Tariff system. Table footnotes have been revised to streamline references to analytical methods and pesticide residue controls. Annex I to EUR 2019/1793 contains the list of food and feed of non-animal origin subject to a temporary increase in official controls at border control posts or control points in Great Britain. The changes include the addition of new commodities, removal of certain commodities, and adjustments to the frequency of identity and physical checks based on risk assessment and consultation. Annex II to EUR 2019/1793 contains the list of food and feed of non-animal origin subject to special conditions for entry into Great Britain due to contamination risks, and a list of compound foods containing those products. The changes include the transfer of certain commodities from Annex I to Annex II, the addition of new entries, and updates to footnotes. In each Schedule, standards are specified within some footnotes to show requirements for the analytical methods and laboratories used. The documents referred to have been published online and the online addresses are specified under each footnote where relevant. Hard copies of these documents are available for inspection at the Food Standards Agency, 64 Victoria Street, London SW1H 9EX, at reasonable times, following a written request to that address or to imported.food@food.gov.uk . An impact assessment has not been produced for this instrument as no, or no significant, impact on the public, private or voluntary sectors is foreseen. An Explanatory Memorandum is available alongside this instrument at www.legislation.gov.uk . EUR 2002/178 , amended by S.I. 2019/641 and S.I. 2022/377 . S.I. 2019/641 was amended by S.I. 2020/1504 . See Article 3(19) of EUR 2002/178 for the definition of “appropriate authority”. EUR 2017/625 , amended by S.I. 2020/1481 and S.I. 2025/102 ; there are other amending instruments but none is relevant. See Article 3(2A) of EUR 2017/625 for the definition of “the appropriate authority”. EUR 2019/1793 , amended by S.I. 2020/1631 , S.I. 2022/1193 , S.S.I. 2022/341 , S.I. 2024/120 , S.S.I. 2024/12 , S.I. 2024/1169 , S.I. 2022/1330 (W. 269) , S.I. 2024/119 (W. 27) , S.I. 2024/1214 (W. 198) and S.S.I. 2024/324 . 2018 c. 22 . EUR 2005/396 , amended by S.I. 2019/557 . S.I. 2019/557 was amended by S.I. 2020/1376 . EUR 2004/852 , amended by S.I. 2019/642 .
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[uk-legislation-uksi][uksi] 2025-11-05 The A122 (Lower Thames Crossing) Development Consent (Amendment) Order 2025
http://www.legislation.gov.uk/uksi/2025/1161/made
http://www.legislation.gov.uk/uksi/2025/1161/made The A122 (Lower Thames Crossing) Development Consent (Amendment) Order 2025 King's Printer of Acts of Parliament 2025-11-05 INFRASTRUCTURE PLANNING This Order amends the A122 (Lower Thames Crossing) Development Consent Order 2025 (S.I. 2025/462) (“the 2025 Order”), a development consent order under the Planning Act 2008 (“the Act”). 2025 No. 1161 INFRASTRUCTURE PLANNING The A122 (Lower Thames Crossing) Development Consent (Amendment) Order 2025 Made 4th November 2025 Coming into force 5th November 2025 An application has been made under paragraph 2 of Schedule 6 to the Planning Act 2008 to the Secretary of State in accordance with the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 for a non-material change to the A122 (Lower Thames Crossing) Development Consent Order 2025 . The Secretary of State, having considered the application and the responses to the publicity and consultation carried out in accordance with regulations 6 and 7 of the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011, has decided to make this Order amending the A122 (Lower Thames Crossing) Development Consent Order 2025. The Secretary of State in exercise of the powers conferred by paragraph 2 of Schedule 6 to the Planning Act 2008, makes the following Order. Citation and commencement 1 This Order may be cited as the A122 (Lower Thames Crossing) Development Consent (Amendment) Order 2025 and comes into force on 5th November 2025. Amendments to the A122 (Lower Thames Crossing) Development Consent Order 2025 2 1 The A122 (Lower Thames Crossing) Development Consent Order 2025 is amended as follows. 2 In paragraph 26(4) (amendments to be made to the Code of Construction Practice and the REAC) of Part 3 (amendments to be made to the control documents) of Schedule 2, in the first row (REAC ref no. “HR013”) of Table 2, for the text in the fifth column (commitment) substitute— Appropriate technology and infrastructure would be employed to enable, if required, the enforcement authority to enforce a 60mph speed limit in a westbound direction between junctions 26 and 27 of the M25 to ensure that there is no Adverse Effect on Integrity (“AEoI”) on Epping Forest SAC as a consequence of traffic emissions leading to increases in nitrogen deposition, NOx and/or NH3. Reasonable and appropriate funding would be provided to the highway and enforcement authority to set a 60mph limit and to undertake enforcement activities. Monitoring should commence no later than 6 months after commencement of construction of the A122 Lower Thames Crossing and remain in place for a minimum period of 4 years following commencement of operation to monitor levels of NOx, NO2 and NH3 (which can be used to determine the vehicle emission related nitrogen deposition) compared to pre-operational values. Annual reporting should be undertaken and include a review of relevant evidence, such as monitoring, traffic data and regional pollution in consultation with Natural England. The 60pmh speed limit measures are to be put in place from the commencement of operation. The Secretary of State may determine, upon receipt of a written request from National Highways that has been informed and agreed through consultation with Natural England, that such measures no longer remain required at or after the point of commencement of operation to prevent an AEoI (on the basis of pre-operation monitoring and any additional assessment undertaken by National Highways). If the outcome from monitoring and updated modelling shows relevant increases in nitrogen deposition, and/or NOx and/or NH3 which would lead to an AEoI then that speed limit control and enforcement must be in place, unless otherwise agreed with Natural England. . Signed by authority of the Secretary of State for Transport Kayla Marks Head of the Transport and Works Act Orders Unit 4th November 2025 Department for Transport Explanatory Note (This note is not part of the Order) This Order amends the A122 (Lower Thames Crossing) Development Consent Order 2025 ( S.I. 2025/462 ) (“ the 2025 Order ”), a development consent order under the Planning Act 2008 (“ the Act ”). This Order follows an applications under paragraph 2 of Schedule 6 to the Act for a non-material change to the 2025 Order. The amendment varies the commitment in the register of environmental actions and commitments contained in the Code of Construction Practice, which provides for mitigation relating to the in-combination air quality effects on Epping Forest Special Area of Conservation along part of the M25. 2008 c. 29 . Paragraph 2 of Schedule 6 was amended by paragraph 4 of Schedule 8 to the Marine and Coastal Access Act 2009 (c. 23) , by paragraph 72 of Schedule 13 and paragraph 1 of Schedule 25 to the Localism Act 2011 (c. 20) , by section 28 of the Infrastructure Act 2015 (c. 7) and by section 128 of the Levelling-up and Regeneration Act 2023 (c. 55) . S.I. 2011/2055 , as amended by S.I. 2012/635 , S.I. 2012/2654 , S.I. 2012/2732 , S.I. 2013/522 , S.I. 2013/755 , S.I. 2015/377 , S.I. 2015/760 , S.I. 2015/1682 , S.I. 2017/314 , S.I. 2017/524 , S.I. 2018/378 , S.I. 2019/734 , S.I. 2020/764 , S.I. 2020/1534 , S.I. 2021/978 , S.I. 2022/634 and S.I. 2023/1071 . S.I. 2025/462 , corrected by S.I. 2025/1014 .
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[uk-legislation-uksi][uksi] 2025-11-05 The Customs Tariff (Preferential Trade Arrangements) (Amendment) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1158/made
http://www.legislation.gov.uk/uksi/2025/1158/made The Customs Tariff (Preferential Trade Arrangements) (Amendment) Regulations 2025 King's Printer of Acts of Parliament 2025-11-05 CUSTOMS Regulation 2 amends Schedule 1 to the Customs Tariff (Preferential Trade Arrangements) (EU Exit) Regulations 2020 (S.I. 2020/1457) to give effect to an updated version of the origin reference document applicable in respect of the preferential trade arrangement with the Republic of Korea. The origin reference document is updated to give effect to an amendment to that preferential trade agreement concerning the extension of provisions on cumulation of origin and direct transport in respect of the European Union. The amendment was agreed between the United Kingdom and the Republic of Korea by exchange of notes on 24th October 2025. 2025 No. 1158 CUSTOMS The Customs Tariff (Preferential Trade Arrangements) (Amendment) Regulations 2025 Made 4th November 2025 Laid before the House of Commons 5th November 2025 Coming into force 31st December 2025 These Regulations are made by the Treasury in exercise of the powers conferred by sections 9(1), 17(6) and (7) and 32(7) and (8) of the Taxation (Cross-border Trade) Act 2018 (“ the Act ”). Further to sections 9(3) and 17(8) of the Act, the Secretary of State recommends that these Regulations be made. Further to section 28 of the Act, the Treasury, in exercising the function of making these Regulations and the Secretary of State, in making recommendations about these Regulations, have had regard to the international arrangements to which His Majesty’s government in the United Kingdom is a party that are relevant to the exercise of those functions. Citation, commencement and extent 1 These Regulations— a may be cited as the Customs Tariff (Preferential Trade Arrangements) (Amendment) Regulations 2025; b come into force on 31st December 2025; c extend to England and Wales, Scotland and Northern Ireland. Amendment of the Customs Tariff (Preferential Trade Arrangements) (EU Exit) Regulations 2020 2 1 The table in Schedule 1 (agreements to which these Regulations apply) to the Customs Tariff (Preferential Trade Arrangements) (EU Exit) Regulations 2020 is amended as follows . 2 In the row relating to the Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Korea, for the entry in the third column, substitute— The Republic of Korea Origin Reference Document, version 1.3, dated 31st October 2025. . Gen Kitchen Stephen Morgan Two of the Lords Commissioners of His Majesty's Treasury 4th November 2025 Explanatory Note (This note is not part of the Regulations) Regulation 2 amends Schedule 1 to the Customs Tariff (Preferential Trade Arrangements) (EU Exit) Regulations 2020 ( S.I. 2020/1457 ) to give effect to an updated version of the origin reference document applicable in respect of the preferential trade arrangement with the Republic of Korea. The origin reference document is updated to give effect to an amendment to that preferential trade agreement concerning the extension of provisions on cumulation of origin and direct transport in respect of the European Union. The amendment was agreed between the United Kingdom and the Republic of Korea by exchange of notes on 24th October 2025. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. This instrument maintains the position of existing legislation, which was covered by an overarching Tax Information and Impact Note published on 13th January 2021: https://www.gov.uk/government/publications/the-uks-integrated-tariff-schedule . 2018 c. 22 . Part 1 has been amended by the Taxation (Post-transition Period) Act 2020 (c. 26) , section 2 and Schedule 1. Section 9 of the Act has been modified by S.I. 2020/1434 , 1439 , 1457 and 1605 . S.I. 2020/1457 . Schedule 1 was substituted by S.I. 2020/1657 , and amended by S.I. 2021/241 , 2021/382 , 2021/527 , 2021/693 , 2021/871 , 2021/1192 , 2021/1489 , 2022/174 , 2022/525 , 2022/613 , 2022/899 , 2023/194 , 2023/195 , 2023/433 , 2023/774 , 2023/1192 , 2023/1339 , 2023/1436 , 2024/303 , 2024/424 , 2024/823 , 2024/1005 , 2024/1292 , 2025/417 , 2025/751 and 2025/753 . The Republic of Korea Origin Reference Document, version 1.3, dated 31st October 2025 is available electronically at: https://www.gov.uk/government/publications/reference-documents-for-the-customs-tariff-preferential-trade-arrangements-eu-exit-regulations-2020 . Hard copies are held and available to view free of charge at the Department for Business and Trade, Old Admiralty Building, London SW1A 2DY.
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[uk-legislation-uksi][uksi] 2025-11-05 The Companies (Directors’ Report) (Payment Reporting) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1152/made
http://www.legislation.gov.uk/uksi/2025/1152/made The Companies (Directors’ Report) (Payment Reporting) Regulations 2025 King's Printer of Acts of Parliament 2025-11-05 COMPANIES These Regulations make changes to the reporting requirements in the Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 (the “2008 Regulations”) to require large companies to report information about their payment practices and performance within Directors’ Reports. These Regulations extend to the whole of the United Kingdom reflecting the extent of the Companies Act 2006 (the “2006 Act”). The Companies (Directors’ Report) (Payment Reporting) Regulations 2025 2025 No. 1152 COMPANIES The Companies (Directors’ Report) (Payment Reporting) Regulations 2025 Made 30th October 2025 Coming into force 1st January 2026 The Secretary of State makes these Regulations in exercise of the powers conferred by sections 416(4) and 1292(1) of the Companies Act 2006 . In accordance with sections 473(3) and 1290 of the Companies Act 2006, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament. Citation, commencement, extent and application 1 1 These Regulations may be cited as the Companies (Directors’ Report) (Payment Reporting) Regulations 2025. 2 These Regulations come into force on 1st January 2026. 3 These Regulations extend to England and Wales, Northern Ireland and Scotland. 4 These Regulations have effect in respect of a company’s financial year beginning on or after 1st January 2026. Amendment to the Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 2 The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 are amended in accordance with regulations 3 to 5. Amendment of regulation 10 (directors’ report) 3 In regulation 10(2)— a after “unquoted companies,” omit “and”, b at the end of the entry relating to Part 8, omit the full stop and insert— , and Part 9 relates to a company’s payment practices and performance in respect of payments made by the company to its suppliers. . Amendment of regulation 14 (review) 4 1 Regulation 14 is amended as follows. 2 In paragraph (1)— a at the end of sub-paragraph (a)(ii), omit “and”; b after sub-paragraph (a)(iii), insert— iv the Companies (Directors’ Report) (Payment Reporting) Regulations 2025, and . 3 After paragraph (4B), insert— 4C The first report under paragraph (1)(a)(iv) must be published on or before the 6th April 2029. . 4 In paragraph (5), for “paragraphs (1)(a)(i) to (iii)”, substitute “paragraph (1)(a)(i) to (iv)” . Insertion of Part 9 of Schedule 7 5 After Part 8 to Schedule 7, insert— Part 9 DISCLOSURES CONCERNING PAYMENT PRACTICES AND PERFORMANCE IN RESPECT TO SUPPLIERS 28 1 Subject to paragraphs 29 and 30, the directors’ report for a financial year must contain the information specified by sub-paragraphs (2), (3) and (4). 2 A statement describing— a the payment period specified in the company’s standard payment terms in its qualifying contracts between it and its suppliers, expressed in days; b where the company varied the standard payment terms in its qualifying contracts between it and its suppliers in the financial year— i details of the variation; and ii details of any notification or consultation conducted by the company with its suppliers before making the variation. 3 In relation to the payments made under qualifying contracts within the financial year, a statement of— a the average number of days taken to make such payments, where day 1 is the first day after the relevant day; b the percentage of those payments which were made, where day 1 is the first day after the relevant day— i within the period beginning with day 1 and ending with day 30; ii within the period beginning with day 31 and ending with day 60; iii on or after day 61; c the sum total of those payments which were made, where day 1 is the first day after the relevant day— i within the period beginning with day 1 and ending with day 30; ii within the period beginning with day 31 and ending with day 60; iii on or after day 61. 4 In relation to the payments under qualifying contracts that fall due within the financial year— a a statement of the percentage of these payments which were not made within the payment period; and b a statement of the sum total of these payments which were not made within the payment period. 29 The directors’ report for a company is not required to contain the information specified by paragraph 28 where the report is for— a the company’s first financial year , or b a subsequent financial year in relation to which the company qualifies as medium-sized . 30 1 Paragraph 28 does not apply if— a the company is a subsidiary undertaking at the end of the financial year; b the company is included in the group directors’ report of a parent undertaking; and c the group directors’ report is prepared for a financial year of the parent undertaking that ends at the same time as, or before the end of, the company’s financial year. 2 If the directors’ report is a group directors’ report, paragraph 28 has effect as if references to the company were references to the company and its subsidiary undertakings included in the consolidation . 3 The company may exclude from the group directors’ report any information which relates to a subsidiary undertaking, if that undertaking would not be required to include the information in its directors’ report by virtue of paragraph 29. 31 For the purposes of this Part— a a payment falls due on the last day of the payment period; b subject to sub-paragraph (d), a payment is made— i when it is received by the supplier, unless sub-paragraph (c) applies, or ii where sub-paragraph (c) applies, when it is received by the finance provider from the company; c this sub-paragraph applies if there is an arrangement under which— i the supplier receives part payment of an invoiced sum from a finance provider before the end of the payment period; and ii the company pays the invoiced sum to the finance provider; d where there is any delay in the payment or of any part of the payment being received for which the company is not responsible, the payment is deemed to have been made when it would have been received without that delay. 32 1 For the purposes of this Part, a qualifying contract is a contract which satisfies sub-paragraphs (2) and (3). 2 The first condition is that the relevant contract is not a contract for financial services, as defined in section 2 of the Small Business, Enterprise and Employment Act 2015 . 3 The second condition is that the relevant contract is— a governed by the law of part of the United Kingdom otherwise than by the choice of the parties; b governed by the law of part of the United Kingdom by choice of the parties, and— i has a significant connection with that part of the United Kingdom; or ii without that choice, its applicable law would still be the law of a part of the United Kingdom; or c governed by a foreign law by choice of the parties and— i without that choice, its applicable law would be the law of a part of the United Kingdom; and ii has no significant connection with any other country outside the United Kingdom. 4 In this paragraph “ foreign law ” means the law of a country outside the United Kingdom. 33 For the purposes of this Part of this Schedule— “ average ” means the arithmetic mean; “ finance provider ” means a body corporate that— lends money or provides credit in the course of a business, arranges or facilitates the provision of debt or equity finance in the course of a business, or provides, arranges or facilitates invoice discounting or factoring in the course of a business; “ invoiced sum ” means a sum payable under an invoice; “ qualifying contract ” has the meaning given in paragraph 32 “ payment period ” means the period in which a company is contractually required to pay a sum; “ relevant day ” means the day on which a company receives an invoice or otherwise has notice of an amount for payment; “ standard payment terms ” means, in relation to a qualifying contract— the standard terms relating to payment that the company uses, or where the company does not use standard terms, the company’s most frequently used payment terms. . Blair McDougall Parliamentary Under-Secretary of State Department for Business and Trade 30th October 2025 Explanatory Note (This note is not part of the Regulations) These Regulations make changes to the reporting requirements in the Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 (the “ 2008 Regulations ”) to require large companies to report information about their payment practices and performance within Directors’ Reports. These Regulations extend to the whole of the United Kingdom reflecting the extent of the Companies Act 2006 (the “ 2006 Act ”). Regulation 4 amends regulation 14 of the 2008 Regulations to provide that these new provisions will be subject to a review by the Secretary of State every 5 years. Regulation 5 inserts a new Part 9 of Schedule 7 to the 2008 Regulations to provide new requirements on large companies to make statements in the directors’ report concerning the company’s payment practices and performance by them. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. 2006 c. 46 . S.I. 2008/410 , relevant amending instruments are S.I. 2013/1970 , 2016/575 , 2018/860 , 2018/1155 , 2019/145 , 2019/217 and 2024/1303 . See section 390(2) of the Companies Act 2006 for the meaning of “first financial year”. See section 465(2) of the Companies Act 2006 for when a company which is not a parent company qualifies as medium-sized and section 466(2) for when a parent company qualifies as medium-sized. The term “included in the consolidation” is defined in section 474(1) of the Companies Act 2006. The term “group directors’ report” is defined in section 415(2)(b) of the Companies Act 2006. 2015 c. 26 .
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[uk-legislation-uksi][uksi] 2025-11-05 The Oxford Street Development Corporation (Establishment) Order 2025
http://www.legislation.gov.uk/uksi/2025/1151/made
http://www.legislation.gov.uk/uksi/2025/1151/made The Oxford Street Development Corporation (Establishment) Order 2025 King's Printer of Acts of Parliament 2025-11-05 URBAN DEVELOPMENT, ENGLAND This Order establishes a Mayoral development corporation in relation to an area, designated as a Mayoral development area, which encompasses the site of Oxford Street and surrounding areas located within the London boroughs of Camden and the City of Westminster. The area is shown bounded externally by the inner edge of a black line on the map referred to in article 2 of this Order. Copies of the map may be inspected free of charge by prior appointment with the Ministry of Housing, Communities and Local Government, Local Growth Delivery Unit, at 2 Marsham Street, London, SW1P 4DF and the Greater London Authority, City Hall, Kamal Chunchie Way, London, E16 1ZE. 2025 No. 1151 URBAN DEVELOPMENT, ENGLAND The Oxford Street Development Corporation (Establishment) Order 2025 Made 3rd November 2025 Laid before Parliament 5th November 2025 Coming into force 1st January 2026 The Secretary of State makes this Order in exercise of the powers conferred by section 198 of the Localism Act 2011 (“ the 2011 Act ”). The Mayor of London has notified the Secretary of State of the designation of a Mayoral development area and of the name to be given to the Corporation for the area pursuant to section 197(6)(b) and (c) of the 2011 Act. Citation, commencement and extent 1 1 This Order may be cited as the Oxford Street Development Corporation (Establishment) Order 2025. 2 This Order comes into force on 1st January 2026. 3 This Order extends to England and Wales. Mayoral development area 2 1 The Mayoral development area is the area of land in Greater London shown bounded externally by the inside edge of the black line on the map. 2 In paragraph (1), “ the map ” means the map marked “Map referred to in the Oxford Street Development Corporation (Establishment) Order 2025” of which prints signed by a Deputy Director in the Ministry of Housing, Communities and Local Government have been deposited, and are available for inspection, at the offices of the Secretary of State for Housing, Communities and Local Government and at the offices of the Greater London Authority. Establishment and naming of the Oxford Street Development Corporation 3 There is established a corporation for the Mayoral development area named the “Oxford Street Development Corporation”. Signed by authority of the Secretary of State for Housing, Communities and Local Government Miatta Fahnbulleh Parliamentary Under-Secretary of State Ministry of Housing, Communities and Local Government 3rd November 2025 Explanatory Note (This note is not part of the Order) This Order establishes a Mayoral development corporation in relation to an area, designated as a Mayoral development area, which encompasses the site of Oxford Street and surrounding areas located within the London boroughs of Camden and the City of Westminster. The area is shown bounded externally by the inner edge of a black line on the map referred to in article 2 of this Order. Copies of the map may be inspected free of charge by prior appointment with the Ministry of Housing, Communities and Local Government, Local Growth Delivery Unit, at 2 Marsham Street, London, SW1P 4DF and the Greater London Authority, City Hall, Kamal Chunchie Way, London, E16 1ZE. The Mayoral development corporation is to be called the Oxford Street Development Corporation (article 3). A full impact assessment has not been produced for this Order as no, or no significant, impact on the private, voluntary or public sector is foreseen. 2011 c. 20 .
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[uk-legislation-uksi][uksi] 2025-11-06 The Victims and Prisoners Act 2024 (Commencement No. 8) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1168/made
http://www.legislation.gov.uk/uksi/2025/1168/made The Victims and Prisoners Act 2024 (Commencement No. 8) Regulations 2025 King's Printer of Acts of Parliament 2025-11-06 DOMESTIC ABUSE, ENGLAND AND WALES POLICE These Regulations bring into force specified provisions of the Victims and Prisoners Act 2024 (c. 21) (“the 2024 Act”). These are the eighth commencement Regulations made under the 2024 Act. 2025 No. 1168 (C. 57) DOMESTIC ABUSE, ENGLAND AND WALES POLICE The Victims and Prisoners Act 2024 (Commencement No. 8) Regulations 2025 Made 5th November 2025 The Secretary of State makes these Regulations in exercise of the powers conferred by section 81(2) and (5) of the Victims and Prisoners Act 2024 . Citation and interpretation 1 1 These Regulations may be cited as the Victims and Prisoners Act 2024 (Commencement No. 8) Regulations 2025. 2 In these Regulations, “ the 2024 Act ” means the Victims and Prisoners Act 2024. Provision coming into force on 7th November 2025 2 Section 20 of the 2024 Act (child victims of domestic abuse) comes into force on 7th November 2025, in so far as it relates to the insertion of section 49A (arrangements to notify schools etc) into the Domestic Abuse Act 2021 . Provisions coming into force on 12th January 2026 3 The following provisions of the 2024 Act come into force on 12th January 2026— a section 28 (information relating to victims); b section 29 (information relating to victims: service police etc); c section 30 (review of provisions relating to counselling information requests). Jess Phillips Parliamentary Under-Secretary of State Home Office 5th November 2025 Explanatory Note (This note is not part of the Regulations) These Regulations bring into force specified provisions of the Victims and Prisoners Act 2024 (c. 21) (“ the 2024 Act ”). These are the eighth commencement Regulations made under the 2024 Act. Regulation 2 partially brings into force section 20 (child victims of domestic abuse) of the 2024 Act to insert section 49A (arrangements to notify schools etc) into the Domestic Abuse Act 2021 (c. 17) . Section 49A requires all police forces to have arrangements in place to ensure that, where a member of a force has reasonable grounds to believe a child may be a victim of domestic abuse, educational establishments that the child attends are notified as soon as is reasonably practicable. The duty to notify is subject to exceptions that may be specified in regulations. Regulation 3(a) brings into force section 28 (information relating to victims) of the 2024 Act which inserts sections 44A to 44E (requests for information relating to victims) into the Police, Crime, Sentencing and Courts Act 2022 (c. 32) (“ the 2022 Act ”). These sections impose duties on the police and other authorised persons when requesting victim information from a third party. The Secretary of State is also required to prepare a code of practice for the police and other authorised persons regarding such requests and compliance with sections 44A to 44E. Regulation 3(b) brings into force section 29 (information relating to victims: service police etc) of the 2024 Act which inserts section 44F (application of this Chapter to service police etc) into the 2022 Act. This section imposes duties on the service police when requesting victim information from a third party. Regulation 3(c) brings into force section 30 (review of provisions relating to counselling information requests) of the 2024 Act. This section requires the Secretary of State to prepare a report about the operation, in the review period, of Chapter 3A of the 2022 Act (requests for information relating to victims), in relation to counselling information requests. A full impact assessment has not been produced for this statutory instrument as no, or no significant impact, on the private, voluntary or public sector is foreseen. NOTE AS TO EARLIER COMMENCEMENT Regulations (This note is not part of the Regulations) The following provisions of the Victims and Prisoners Act 2024 have been brought into force by commencement Regulations made before the date of these Regulations. Provision Date of Commencement S.I. No. Section 68 17th June 2024 2024/755 Section 75 (partially) 2nd August 2024 2024/846 Section 76 (partially) 2nd August 2024 2024/846 Section 34 (partially) 18th September 2024 2024/966 Section 36 (partially) 18th September 2024 2024/966 Section 37 18th September 2024 2024/966 Section 38 18th September 2024 2024/966 Section 39 18th September 2024 2024/966 Section 40 (partially) 18th September 2024 2024/966 Section 41 (partially) 18th September 2024 2024/966 Section 42 (partially) 18th September 2024 2024/966 Section 43 (partially) 18th September 2024 2024/966 Section 44 18th September 2024 2024/966 Section 45 18th September 2024 2024/966 Section 47 18th September 2024 2024/966 Section 66 (partially) 1st November 2024 2024/966 Section 67 1st November 2024 2024/966 Section 1 29th January 2025 2025/95 Section 2 (partially) 29th January 2025 2025/95 Section 5 29th January 2025 2025/95 Section 22 (partially) 29th January 2025 2025/95 Section 23 (partially) 29th January 2025 2025/95 Section 24 (partially) 29th January 2025 2025/95 Section 25 (partially) 29th January 2025 2025/95 Section 26 (partially) 29th January 2025 2025/95 Section 27 29th January 2025 2025/95 Section 66 (remainder) 1st February 2025 2024/966 Section 58 (partially) 3rd February 2025 2025/95 Section 59 (partially) 3rd February 2025 2025/95 Section 65 3rd February 2025 2025/95 Section 74 3rd February 2025 2025/95 Section 60 (partially) 3rd April 2025 2025/441 Schedule 2 3rd April 2025 2025/441 Section 16 9th May 2025 2025/441 Section 75 (remainder) 27th May 2025 2025/441 Section 76 (remainder) 27th May 2025 2025/441 Section 17 (partially) 1st June 2025 2025/616 Section 17 (remainder) 1st October 2025 2025/616 Section 21 25th June 2025 2025/731 Section 34 (remainder) 25th June 2025 2025/731 Section 35 25th June 2025 2025/731 Section 36 (remainder) 25th June 2025 2025/731 Section 40 (remainder) 25th June 2025 2025/731 Section 41 (remainder) 25th June 2025 2025/731 Section 42 (remainder) 25th June 2025 2025/731 Section 43 (remainder) 25th June 2025 2025/731 2024 c. 21 . 2021 c. 17 .
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[uk-legislation-uksi][uksi] 2025-11-06 The A122 (Lower Thames Crossing) Development Consent (Amendment) (No. 2) Order 2025
http://www.legislation.gov.uk/uksi/2025/1164/made
http://www.legislation.gov.uk/uksi/2025/1164/made The A122 (Lower Thames Crossing) Development Consent (Amendment) (No. 2) Order 2025 King's Printer of Acts of Parliament 2025-11-06 INFRASTRUCTURE PLANNING This Order amends the A122 (Lower Thames Crossing) Development Consent Order 2025 (S.I. 2025/462) (“the 2025 Order”), a development consent order under the Planning Act 2008 (“the Act”). 2025 No. 1164 INFRASTRUCTURE PLANNING The A122 (Lower Thames Crossing) Development Consent (Amendment) (No. 2) Order 2025 Made 4th November 2025 Coming into force 5th November 2025 An application has been made under paragraph 2 of Schedule 6 to the Planning Act 2008 to the Secretary of State in accordance with the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 for a non-material change to the A122 (Lower Thames Crossing) Development Consent Order 2025 . The Secretary of State, having considered the application and the responses to the publicity and consultation carried out in accordance with regulations 6 and 7 of the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011, has decided to make this Order amending the A122 (Lower Thames Crossing) Development Consent Order 2025. The Secretary of State in exercise of the powers conferred by paragraph 2 of Schedule 6 to the Planning Act 2008, makes the following Order. Citation and commencement 1 This Order may be cited as the A122 (Lower Thames Crossing) Development Consent (Amendment) (No. 2) Order 2025 and comes into force on 5th November 2025. Amendments to the A122 (Lower Thames Crossing) Development Consent Order 2025 2 1 The A122 (Lower Thames Crossing) Development Consent Order 2025 is amended as follows. 2 In article 65 (financial arrangements for the Kent Downs National Landscape)— a for paragraph (2), substitute— 2 The agreement referred to in paragraph (1) is to be made prior to the commencement of any part of the authorised development located south of the River Thames. ; and b after paragraph (7), insert— 8 In this article “ commencement ” has the same meaning as in paragraph 1(1) (interpretation) of Part 1 of Schedule 2 (requirements). . Signed by authority of the Secretary of State for Transport Kayla Marks Head of the Transport and Works Act Orders Unit Department for Transport 4th November 2025 Explanatory Note (This note is not part of the Order) This Order amends the A122 (Lower Thames Crossing) Development Consent Order 2025 ( S.I. 2025/462 ) (“ the 2025 Order ”), a development consent order under the Planning Act 2008 (“ the Act ”). This Order follows an application under paragraph 2 of Schedule 6 to the Act for a non-material change to the 2025 Order. The amendment varies the time by which National Highways Limited (“ the applicant ”), Natural England and the Kent Downs National Landscape Unit are to agree the financial contribution to be made available by the applicant for the benefit of the Kent Downs National Landscape. 2008 c. 29 . Paragraph 2 of Schedule 6 was amended by paragraph 4 of Schedule 8 to the Marine and Coastal Access Act 2009 (c. 23) , by paragraph 72 of Schedule 13 and paragraph 1 of Schedule 25 to the Localism Act 2011 (c. 20) , by section 28 of the Infrastructure Act 2015 (c. 7) and by section 128 of the Levelling-up and Regeneration Act 2023 (c. 55) . S.I. 2011/2055 , as amended by S.I. 2012/635 , S.I. 2012/2654 , S.I. 2012/2732 , S.I. 2013/522 , S.I. 2013/755 , S.I. 2015/377 , S.I. 2015/760 , S.I. 2015/1682 , S.I. 2017/314 , S.I. 2017/524 , S.I. 2018/378 , S.I. 2019/734 , S.I. 2020/764 , S.I. 2020/1534 , S.I. 2021/978 , S.I. 2022/634 and S.I. 2023/1071 . S.I. 2025/462 , corrected by S.I. 2025/1014 .
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[uk-legislation-uksi][uksi] 2025-11-06
http://www.legislation.gov.uk/wsi/2025/1163/made
http://www.legislation.gov.uk/wsi/2025/1163/made The Non-Domestic Rating (Description of Differential Multipliers) (Wales) Regulations 2025 en King's Printer of Acts of Parliament 2025-11-06 RATING AND VALUATION, WALES Paragraph A16(1) of Schedule 7 to the Local Government Finance Act 1988 (“the 1988 Act”) provides that the non-domestic rating multiplier for a chargeable year for a description of hereditaments on a local non-domestic rating list, or for an amount of a rateable value shown against the name of a designated person in the central non-domestic rating list, may be specified in regulations made by the Welsh Ministers. 2025 No. 1163 (W. 190) Rating And Valuation, Wales The Non-Domestic Rating (Description of Differential Multipliers) (Wales) Regulations 2025 Made 5 November 2025 Coming into force 1 April 2026 The Welsh Ministers make the following Regulations in exercise of the powers conferred on them by paragraph A16(1) and (5) of Schedule 7 to the Local Government Finance Act 1988 . In accordance with section 143A(5)(m) of that Act, a draft of this instrument has been laid before and approved by resolution of Senedd Cymru . Title and coming into force 1 1 The title of these Regulations is the Non-Domestic Rating (Description of Differential Multipliers) (Wales) Regulations 2025. 2 These Regulations come into force on 1 April 2026. Interpretation 2 In these Regulations— “ the Act ” (“ y Ddeddf ”) means the Local Government Finance Act 1988; “ central list ” (“ rhestr ganolog ”) means a list compiled and maintained under section 52ZA of the Act ; “ chargeable day ” (“ diwrnod y codir swm ynglŷn ag ef ”), has the following meanings— in relation to occupied hereditaments shown in a local list, has the meaning given in section 43(3) of the Act; in relation to unoccupied hereditaments shown in a local list, has the meaning given in section 45(3) of the Act; in relation to hereditaments shown in a central list, has the meaning given in section 54(3) of the Act; “ hereditament ” (“ hereditament ”) has the meaning given in section 64 of the Act ; “ local list ” (“ rhestr leol ”) means a list compiled and maintained under section 41ZA of the Act ; “ rateable value ” (“ gwerth ardrethol ”) means the value calculated under Schedule 6 to the Act . Description of retail multiplier 3 1 For the purposes of paragraph A16(1)(a) of Schedule 7 to the Act, there is a retail multiplier. 2 The retail multiplier applies to hereditaments on a local list that on the chargeable day concerned— a have a rateable value of less than £51,000, and b are described on that list as— i “kiosk and premises”, ii “pharmacy and premises”, iii “post office and premises”, iv “shop and premises”, or v “shop, post office and premises”. Description of higher multiplier 4 1 For the purposes of paragraph A16(1)(a) of Schedule 7 to the Act, there is a higher multiplier. 2 The higher multiplier applies to hereditaments on a local list that on the chargeable day concerned— a have a rateable value of more than £100,000, and b are not described on that list as— i “ambulance station and premises”, ii “auxiliary defence establishment and premises”, iii “cemetery and premises”, iv “college and premises”, v “crematorium and premises”, vi “fire station and premises”, vii “health centre and premises”, viii “hospital and premises”, ix “law court and premises”, x “leisure centre and premises”, xi “library and premises”, xii “museum and premises”, xiii “police station and premises”, xiv “prison and premises”, xv “school and premises”, xvi “sports centre and premises”, xvii “surgery and premises”, xviii “swimming pool and premises”, or xix “university and premises”. 5 1 For the purposes of paragraph A16(1)(b) of Schedule 7 to the Act, there is a higher multiplier. 2 The higher multiplier applies to hereditaments on the central list that have a rateable value of more than £100,000. Mark Drakeford Cabinet Secretary for Finance and Welsh Language, one of the Welsh Ministers 5 November 2025 EXPLANATORY NOTE (This note is not part of the Regulations) Paragraph A16(1) of Schedule 7 to the Local Government Finance Act 1988 (“ the 1988 Act ”) provides that the non-domestic rating multiplier for a chargeable year for a description of hereditaments on a local non-domestic rating list, or for an amount of a rateable value shown against the name of a designated person in the central non-domestic rating list, may be specified in regulations made by the Welsh Ministers. These Regulations specify the hereditaments on a local non-domestic rating list by reference to their description and range of rateable values, to which a retail multiplier and a higher multiplier will apply. They also specify the range of rateable values shown against the name of a designated person on the central non-domestic rating list to which a higher multiplier will apply. The values of those differential multipliers will be prescribed by the Welsh Ministers in separate regulations made under paragraph A16(3) of Schedule 7 to the 1988 Act. Hereditaments on a local non-domestic rating list to which a retail multiplier and a higher multiplier apply are specified by application of paragraph A16(1)(a), (4)(a) and (4)(c) of Schedule 7 to the 1988 Act. The range of rateable values to which a higher multiplier applies as shown against the name of a designated person on the central non-domestic rating list are specified by application of paragraph A16(1)(b) and (5) of Schedule 7 to the 1988 Act. The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Non-Domestic Rates Policy and Reform Division, Welsh Government, Cathays Park, Cardiff, CF10 3NQ. 1988 c. 41 . Paragraph A16 of Schedule 7 was inserted by section 10 of the Local Government Finance (Wales) Act 2024 (asc 6) . Section 143A(5)(m) was inserted by section 14 of the Local Government Finance (Wales) Act 2024. Section 52ZA was inserted by section 3(3) of the Local Government Finance (Wales) Act 2024. Section 64 was amended by section 66 of the Local Government Act 2003 (c. 26) , paragraph 13 of the Schedule to the Local Government Finance (Wales) Act 2024 and paragraph 2 of Schedule 10 to the Local Government Finance Act 1992 (c. 14) ; there are other amending instruments but none is relevant to these Regulations. Section 41ZA was inserted by section 2(3) of the Local Government Finance (Wales) Act 2024. Schedule 6 was amended by paragraph 38 of Schedule 5 to the Local Government and Housing Act 1989 (c. 42) , section 1(2) and (3) of the Rating (Valuation) Act 1999 (c. 6) , section 14(1)(c)(i) of the Non-Domestic Rating Act 2023 (c. 53) and paragraph 1(22) of the Schedule to the Local Government Finance (Wales) Act 2024; there are other amending instruments but none is relevant to these Regulations.
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[uk-legislation-uksi][uksi] 2025-11-07 The Phytosanitary Conditions (Amendment) (No. 2) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1170/made
http://www.legislation.gov.uk/uksi/2025/1170/made The Phytosanitary Conditions (Amendment) (No. 2) Regulations 2025 en King's Printer of Acts of Parliament 2025-11-07 PLANT HEALTH These Regulations amend Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council as regards protective measures against pests of plants (“the Phytosanitary Conditions Regulation”). This Statutory Instrument has been made in part to correct an error in S.I. 2021/136 and is being issued free of charge to all known recipients of that Statutory Instrument. 2025 No. 1170 Plant Health The Phytosanitary Conditions (Amendment) (No. 2) Regulations 2025 Made 5th November 2025 Laid before Parliament 7th November 2025 Coming into force in accordance with regulation 1(2) and (3) The Secretary of State makes these Regulations in exercise of the powers conferred by Articles 5(3), 30(1), 32(3), 41(3), 72(3) and 105(6) of Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants (“ the Plant Health Regulation ”). In accordance with Article 2a(2) of the Plant Health Regulation, the Secretary of State makes these Regulations with the consent of the Welsh Ministers and the Scottish Ministers. Citation, commencement, extent and interpretation 1 1 These Regulations may be cited as the Phytosanitary Conditions (Amendment) (No. 2) Regulations 2025. 2 They come into force on 30th November 2025, subject to paragraph (3). 3 Paragraph (5)(b) of regulation 2 comes into force on 6th May 2026. 4 These Regulations extend to England and Wales and Scotland. 5 In these Regulations, “ the Phytosanitary Conditions Regulation ” means Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants . Amendments to the Phytosanitary Conditions Regulation 2 1 The Phytosanitary Conditions Regulation is amended as follows. 2 In Annex 2 (list of GB quarantine pests) , in Part A (pests not known to occur in Great Britain)— a under the heading “B. Fungi and oomycetes”, after entry 21A, insert— 21B. Heterobasidion occidentale Otrosina & Garbelotto [HETEOC] ; b under the heading “C. Insects and mites”— i after entry 11B, insert— 11C. Agrilus horni Kerremans [AGRLHO] ; ii omit entry 63; iii after entry 124, insert— 124A. Toumeyella parvicornis (Cockerell) [TOUMPA] . 3 In Annex 2A (list of provisional GB quarantine pests) — a under the heading “A. Fungi and oomycetes”, omit entry 2A; b under the heading “B. Insects and mites”— i omit entry 1A; ii in entry 4E, for “ Ennomos subsignarius [ENNOSU]” substitute “ Ennomos subsignaria (Hübner) [ENNOSU]” ; iii after entry 5ZA, insert— 5ZAA. Homona magnanima Dyakonov [HOMOMA] ; iv omit entry 15. 4 In Annex 3 (list of PFA quarantine pests and GB pest-free areas) , omit entries 1 and 2. 5 In Annex 7 (list of plants, plant products and other objects originating from third countries and the corresponding special requirements for their introduction into Great Britain) — a in Part A (plants, plant products and other objects originating in third countries which may only be introduced into Great Britain if special requirements are met), in the table— i in entry 38, in the third column— aa in point (a), omit “ Helicoverpa armigera (Hübner) and”; bb in point (b), omit “ Helicoverpa armigera (Hübner) or”; cc in point (c), for “those pests” substitute “this pest” ; ii after entry 58, insert— 58A. Plants, other than seeds, pollen and plants in tissue culture, of Pinus spp. Any third country The plants must be accompanied by: (a) an official statement that they have been grown throughout their life in a country where Toumeyella parvicornis (Cockerell) is known not to occur, (b) an official statement that: (i) they have been grown throughout their life in an area* established by the national plant protection organisation in accordance with ISPM4 as an area that is free from Toumeyella parvicornis (Cockerell), and (ii) immediately prior to export, the plants have been inspected and found free from Toumeyella parvicornis (Cockerell), or (c) an official statement that: (i) they have been grown during a period of at least one year prior to export, or, in the case of plants younger than one year, throughout their life, in a place of production: (aa) which has been established by the national plant protection organisation in accordance with ISPM10 as a place of production that is free from Toumeyella parvicornis (Cockerell) , (bb) which is registered and supervised by the national plant protection organisation in the country of origin, (cc) which has been subjected annually to two official inspections for any signs of Toumeyella parvicornis (Cockerell) carried out at appropriate times, and (dd) within which they have been grown in a site with complete physical protection against the introduction of Toumeyella parvicornis (Cockerell) , and (ii) immediately prior to export, the plants have been subjected to a meticulous inspection for the presence of Toumeyella parvicornis (Cockerell). *The name(s) of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”. ; iii in each of the entries 109, 110 and 111, in the second column, at the beginning insert “Armenia,” ; iv in entry 115, in the second column, omit “Armenia,”. b in Part B (plants, plant products and other objects originating in third countries which are subject to emergency measures and may only be introduced into Great Britain if special requirements are met), in the table, in entry 2, in the third column— i in point (b), after “area” the first time it occurs, insert “*” ; ii in point (c), after “area” omit “*”. 6 In Annex 11 (list of plants, plant products and other objects and the respective third countries of origin or dispatch in respect of which phytosanitary certificates are required) , in Part A (list of plants, plant products and other objects and the respective third countries of origin or dispatch, which may not be introduced into Great Britain unless they are accompanied by a phytosanitary certificate, as referred to in Article 72(1) of Regulation (EU) 2016/2031 ), in the table, in each of the entries 45 and 45A, in the third column, omit “Armenia,”. 7 In Annex 13 (list of plants, plant products and other objects for which a UK plant passport is required for their movement within Great Britain or for their introduction into Great Britain from a CD territory) , in entry 3, after point (d), insert— e Solanum sisymbriifolium Lam. . Hayman of Ullock Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs 5th November 2025 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council as regards protective measures against pests of plants (“ the Phytosanitary Conditions Regulation ”). These Regulations come into force on 30th November 2025, except for regulation 2(5)(b) which amends Annex 7 to correct and clarify the existing import requirements for Xylella fastidiosa , which comes into force on 6th May 2026. Regulation 2 amends Annexes 2, 2A, 3, 7 and 11 of the Phytosanitary Conditions Regulation. Paragraph (2) adds the following pests to the GB quarantine pest list in Annex 2: Heterobasidion occidentale , Agrilus horni and Toumeyella parvicornis . It also removes Helicoverpa armigera from that list. Paragraph (3) amends the list of provisional GB quarantine pests in Annex 2A to remove the three pests which are added to Annex 2 by paragraph (2). Homona magnanima is added to the list at Annex 2A for the first time. An update is also made to amend the pest name “ Ennomos subsignarius ” to “ Ennomos subsignaria ”. Paragraph (4) amends the list of Pest Free Area (PFA) quarantine pests and GB pest-free areas at Annex 3 to remove Dendroctonus micans and Ips cembrae and their respective areas from that list. Paragraph (5) amends Annex 7 to make new provision for Toumeyella parvicornis, to remove the existing import requirements for Helicoverpa armigera , to update the import requirements for Bursaphelenchus xylophilus and to clarify the existing import requirements for Xylella fastidiosa. Paragraph (6) updates Part A of Annex 11 to align the list of plants, plant products and other objects and the respective third countries of origin or dispatch in respect of which phytosanitary requirements are required, with the updated requirements for Bursaphelenchus xylophilus set out in Annex 7. Paragraph (7) adds the seed of Solanum sisymbriifolium to the list of plants, plant products and other objects for which a UK plant passport is required for their movement within Great Britain or their introduction into Great Britain from a CD territory (that is, from the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man), in Annex 13. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. EUR 2016/2031; relevant amending instruments are S.I. 2020/1482 , 2021/79 . EUR 2019/2072; relevant amending instruments are S.I. 2020/1527 , 2021/136 , 426 , 641 , 1171 , 1229 , 2022/114 , 484 , 1090 , 1120 , 2023/959 , 1131 , 2024/541 , 610 , 2025/13 , 559 . Annex 2 was substituted by S.I. 2020/1527 and Part A of that Annex was amended by S.I. 2021/641 , 1171 , 2022/114 , 1120 , 2023/1131 , 2024/610 , 2025/13 , 559 . Annex 2A was inserted by S.I. 2020/1527 and amended by S.I. 2021/426 , 641 , 1171 , 2022/114 , 1120 , 2023/1131 , 2024/610 , 2025/13 , 559 . Annex 3 was substituted by S.I. 2020/1527 and amended by S.I. 2022/114 . Annex 7 was substituted by S.I. 2020/1527 and amended by S.I. 2021/136 , 426 , 641 , 1171 , 1229 , 2022/114 , 484 , 1090 , 1120 , 2023/959 , 1131 , 2024/610 , 2025/13 , 559 . Annex 11 was substituted by S.I. 2020/1527 and Part A of that Annex was amended by S.I. 2021/426 , 641 , 1171 , 2022/114 , 1120 , 2023/959 , 2024/541 , 610 , 2025/13 , 559 . Annex 13 was substituted by S.I. 2020/1527 and amended by S.I. 2021/426 and 2025/13 .
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[uk-legislation-uksi][uksi] 2025-11-07
http://www.legislation.gov.uk/wsi/2025/1160/made
http://www.legislation.gov.uk/wsi/2025/1160/made The Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (Commencement and Transitional and Saving Provisions) Order 2025 en King's Printer of Acts of Parliament 2025-11-05 CONSTITUTIONAL LAW This Order brings into force the remaining provisions of the Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (“the 2025 Act”) and makes transitional and saving provision in connection with the coming into force of certain provisions. 2025 No. 1160 (W. 189) (C. 56) Constitutional Law The Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (Commencement and Transitional and Saving Provisions) Order 2025 Made 4 November 2025 The Welsh Ministers make the following Order in exercise of the powers conferred on them by section 9(4) and (5) of the Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 : Title and interpretation 1 1 The title of this Order is the Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (Commencement and Transitional and Saving Provisions) Order 2025. 2 In this Order— “ the 1946 Act ” (“ Deddf 1946 ”) means the Statutory Instruments Act 1946 ; “ the 2019 Act ” (“ Deddf 2019 ”) means the Legislation (Wales) Act 2019 ; “ the 2025 Act ” (“ Deddf 2025 ”) means the Legislation (Procedure, Publication and Repeals) (Wales) Act 2025. Provisions coming into force on 1 January 2026 2 The following provisions of the 2025 Act come into force on 1 January 2026— a section 1 (new Part 2A of the 2019 Act); b section 3 (new Part 2B of the 2019 Act); c section 5 (post-legislative scrutiny); d section 6 (activities to improve accessibility of Welsh law); e section 8 and Schedule 3 (consequential amendments). Procedure for making Welsh subordinate legislation 3 1 In this article “ pre-commencement subordinate legislation ” means subordinate legislation— a made before 1 January 2026, or b contained in a draft statutory instrument laid before Senedd Cymru before that date. 2 Sections 37C to 37H of and Schedules 1A to 1C to the 2019 Act do not apply to pre-commencement subordinate legislation. 3 Sections 4(1), 5 to 7 and 11A(4) of the 1946 Act continue to have effect in relation to pre-commencement subordinate legislation as they had effect immediately before 1 January 2026, despite paragraph 1 of Schedule 3 to the 2025 Act. 4 Section 40 of the 2019 Act continues to have effect in relation to pre-commencement subordinate legislation as it had effect immediately before 1 January 2026, despite paragraph 14 of Schedule 3 to the 2025 Act. Publication etc. of Welsh legislation 4 1 Sections 37N to 37R of the 2019 Act do not apply to a Welsh statutory instrument made before 1 January 2026. 2 In section 37S(2) of the 2019 Act, the reference to publication in accordance with section 37Q is to be read, in relation to a Welsh statutory instrument made before 1 January 2026, as a reference to publication under section 2(1) of the 1946 Act. 3 Sections 37U and 37W of the 2019 Act do not apply to a Welsh statutory instrument made before 1 January 2026 or an Act of Senedd Cymru that receives Royal Assent before 1 January 2026. 4 Sections 37X and 37Y(1) of the 2019 Act do not apply to a Welsh statutory instrument made before 1 January 2026. 5 Section 37Z of the 2019 Act does not apply to a Welsh subordinate instrument (within the meaning given by section 3(2) of the 2019 Act) made before 1 January 2026. 6 Section 37Z1 of the 2019 Act does not apply to a Welsh statutory instrument made before 1 January 2026. 7 Despite paragraph 1 of Schedule 3 to the 2025 Act, the following provisions continue to have effect in relation to a Welsh statutory instrument made before 1 January 2026 as they had effect immediately before 1 January 2026— a section 2 of the 1946 Act and regulations 3 and 4 of the Statutory Instruments Regulations 1947 ; b section 3(1) of the 1946 Act and regulations 9 and 10(2) of those Regulations. Activities to improve accessibility of Welsh law 5 The amendment made by section 6 of the 2025 Act does not apply to the programme prepared under section 2(1) of the 2019 Act for the term of Senedd Cymru in which section 6 comes into force. Huw Irranca Davies Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs, one of the Welsh Ministers 4 November 2025 EXPLANATORY NOTE (This note is not part of the Order) This Order brings into force the remaining provisions of the Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (“ the 2025 Act ”) and makes transitional and saving provision in connection with the coming into force of certain provisions. Article 2 brings the following provisions of the 2025 Act into force on 1 January 2026— a section 1, which amends the Legislation (Wales) Act 2019 (“ the 2019 Act ”) by inserting a new Part 2A that makes provision about Welsh statutory instruments and the Senedd procedures for Welsh subordinate legislation; b section 3, which amends the 2019 Act by inserting a new Part 2B that makes provision about the publication, preservation, numbering and classification of Acts of Senedd Cymru, Welsh statutory instruments and other subordinate legislation made by the Welsh Ministers; c section 5, which amends the 2019 Act by inserting a new section 42A that requires the Counsel General to review the operation and effect of new Parts 2A and 2B of the 2019 Act; d section 6, which amends section 2 of the 2019 Act so that programmes to improve the accessibility of Welsh law must include proposals for correcting any errors or resolving any ambiguities in Welsh law; e section 8 and Schedule 3, which contain amendments to existing enactments that are necessary in consequence of new Parts 2A and 2B of the 2019 Act. Article 3 provides that certain provisions of Part 2A of the 2019 Act do not apply to subordinate legislation made before 1 January 2026 or contained in a statutory instrument laid before Senedd Cymru in draft before that date, and saves corresponding provisions of the Statutory Instruments Act 1946 (“ the 1946 Act ”) in relation to that subordinate legislation. Article 4 provides that certain provisions of Part 2B of the 2019 Act do not apply to Welsh legislation made before 1 January 2026, saves corresponding provisions of the 1946 Act and the Statutory Instruments Regulations 1947 in relation to that legislation, and ensures that the defence of non-publication under section 37S(2) of the 2019 Act includes cases where there has not been publication under section 2(1) of the 1946 Act. Article 5 makes clear that section 2(3)(e) of the 2019 Act (as inserted by section 6 of the 2025 Act) applies only to programmes to improve accessibility of Welsh law that are prepared for terms of Senedd Cymru that begin after 1 January 2026. 2025 asc 3 . 1946 c. 36 . 2019 anaw 4 . Section 4(1) was amended by section 18 of and paragraph 4(2) of Schedule 6 to the Constitutional Reform Act 2005 (c. 4) and section 11A was inserted by section 160 of and paragraph 3 of Schedule 10 to the Government of Wales Act 2006 (c. 32) . Amended by section 1(1)(a) of the Statutory Instruments (Production and Sale) Act 1996 (c. 54) . S.I. 1948/1 . Amended by section 1(1)(a) and (b) of the Statutory Instruments (Production and Sale) Act 1996.
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[uk-legislation-uksi][uksi] 2025-11-11 The Construction Products (Amendment) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1172/made
http://www.legislation.gov.uk/uksi/2025/1172/made The Construction Products (Amendment) Regulations 2025 King's Printer of Acts of Parliament 2025-11-11 BUILDING AND BUILDINGS CONSTRUCTION MARKET STANDARDS These Regulations amend Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (EUR 2011/305) (“the 2011 Regulation”) and the Construction Products Regulations 2013 (S.I. 2013/1387). Articles 16A to 16C of the 2011 Regulation set out the circumstances in which the provisions in the 2011 Regulation are treated as being satisfied by a CE marked construction product. Articles 59A and 59B make provision in relation to market surveillance where an economic operator is seeking to rely on provisions in Articles 16A, 16B or 16C. 2025 No. 1172 BUILDING AND BUILDINGS CONSTRUCTION MARKET STANDARDS The Construction Products (Amendment) Regulations 2025 Made 6th November 2025 Laid before Parliament 10th November 2025 Coming into force 8th January 2026 The Secretary of State makes these Regulations in exercise of the powers conferred by section 146 of, and paragraphs 1, 3, 15, 20(1) and 21(1) of Schedule 11 to, the Building Safety Act 2022 . Citation, commencement, extent and interpretation 1 1 These Regulations may be cited as the Construction Products (Amendment) Regulations 2025 and come into force on 8th January 2026. 2 Any amendment made by these Regulations has the same extent as the provision amended. 3 In these Regulations— “ the 2011 Regulation ” means Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC . Amendment of the 2011 Regulation 2 The 2011 Regulation is amended in accordance with regulations 3 to 8. Amendment to Article 2 3 1 Article 2 (definitions), is amended as follows. 2 In paragraph 9B, for the words from “means”, to the end, substitute “Regulation (EU) 305/2011 and Regulation (EU) 2024/3110 ” . 3 After paragraph 9B, insert the following definitions— 9C ‘Regulation (EU) 305/2011’ means Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC , as it has effect in EU law ; 9D ‘Regulation (EU) 2024/3110’ means Regulation (EU) 2024/3110 of the European Parliament and of the Council of 27 November 2024 laying down harmonised rules for the marketing of construction products and repealing Regulation (EU) No 305/2011 , as it has effect in EU law ; . Amendment to Article 16A 4 1 Article 16A (obligations on a manufacturer which are met by complying with obligations in the EU Construction Products Regulation), is amended as follows. 2 In paragraph 1(b)— a in point (i), for “the EU Construction Products Regulation” substitute “Regulation (EU) 305/2011 or carries out the applicable assessment and verification system required by Regulation (EU) 2024/3110 ” ; b in point (ii), for “the EU Construction Products Regulation” substitute “Regulation (EU) 305/2011 or Chapter 7 of Regulation (EU) 2024/3110 ” ; c in point (iii), for “the EU Construction Products Regulation” substitute “Regulation (EU) 305/2011 or a declaration of performance and conformity in accordance with Articles 13 and 15 of Regulation (EU) 2024/3110 ” ; d in point (iv)— i for “Article 6(4)” substitute “Article 6(5)” ; ii for “the EU Construction Products Regulation” substitute “Regulation (EU) 305/2011” ; iii after “performance” insert “, or the information referred to in Article 15(6) of Regulation (EU) 2024/3110 with the declaration of performance and conformity” ; e in point (v), for “the EU Construction Products Regulation” substitute “Regulation (EU) 305/2011 or Article 22 of Regulation (EU) 2024/3110 ” ; f in point (vi), for “the EU Construction Products Regulation”, in both places those words occur, substitute “Regulation (EU) 305/2011 or Articles 17 and 18 of Regulation (EU) 2024/3110 ” . 3 In paragraph 3— a in point (a), for “the EU Construction Products Regulation” substitute “Regulation (EU) 305/2011 or Article 22(3) of Regulation (EU) 2024/3110 ” ; b in point (b), for “the EU Construction Products Regulation” substitute “Regulation (EU) 305/2011 or a reference to the declaration of performance and conformity drawn up by the manufacturer in accordance with Articles 13 and 15 of Regulation (EU) 2024/3110 ” . Amendment to Article 16B 5 1 Article 16B (obligations on an importer which are met by complying with obligations in the EU Construction Products Regulation), is amended as follows. 2 In paragraph 1(b)(ii)— a in point (aa), for “the EU Construction Products Regulation” substitute “Regulation (EU) 305/2011 or carried out the applicable assessment and verification system required by Regulation (EU) 2024/3110 ” ; b in point (bb), for “the EU Construction Products Regulation” substitute “Regulation (EU) 305/2011 or Article 22(3) of Regulation (EU) 2024/3110 ” ; c in point (cc), for “the EU Construction Products Regulation” substitute “Regulation (EU) 305/2011 or a declaration of performance and conformity in accordance with Articles 13 and 15 of Regulation (EU) 2024/3110 ” . 3 In paragraph 1(b)(iv), for “the EU Construction Products Regulation” substitute “Regulation (EU) 305/2011 or Article 24 of Regulation (EU) 2024/3110 ” . 4 In paragraph 3— a in point (a), for “the EU Construction Products Regulation” substitute “Regulation (EU) 305/2011 or a declaration of performance and conformity in accordance with Articles 13 and 15 of Regulation (EU) 2024/3110 ” ; b in point (b), for “the EU Construction Products Regulation” substitute “Regulation (EU) 305/2011 or Article 22(3) of Regulation (EU) 2024/3110 ” . Amendment to Article 16C 6 1 Article 16C (obligations on a distributor which are met by complying with obligations in the EU Construction Products Regulation), is amended as follows. 2 In paragraph 1(b)(ii)(bb), for “the EU Construction Products Regulation” substitute “Regulation (EU) 305/2011 or Article 25 of Regulation (EU) 2024/3110 ” . 3 In paragraph 2(b), for “the EU Construction Products Regulation” substitute “Regulation (EU) 305/2011 or a reference to the declaration of performance and conformity drawn up by the manufacturer in accordance with Articles 13 and 15 of Regulation (EU) 2024/3110 ” . Amendment to Article 59A 7 1 Article 59A (formal non-compliance in relation to the EU Construction Products Regulation), is amended as follows. 2 In paragraph 1— a in point (a), for “the EU Construction Products Regulation” substitute “Regulation (EU) 305/2011 or Article 17(2) of Regulation (EU) 2024/3110 ” ; b in point (b), for “the EU Construction Products Regulation” substitute “Regulation (EU) 305/2011 or Article 17(2) of Regulation (EU) 2024/3110 ” ; c in point (c), for “the EU Construction Products Regulation” substitute “Regulation (EU) 305/2011” ; d after point (c), insert— cc the declaration of performance and conformity has not been drawn up in accordance with Article 13 and 15 of Regulation (EU) 2024/3110 and Article 7 of this Regulation (as modified by Article 16A); ; e in point (d), for “the EU Construction Products Regulation” substitute “Regulation (EU) 305/2011 or Article 22(3) of Regulation (EU) 2024/3110 ” . Amendment to Article 59B 8 1 Article 59B (other non-compliance in relation to the EU Construction Products Regulation), is amended as follows. 2 In paragraph 1(b)(ii), for “the EU Construction Products Regulation” substitute “Regulation 305/2011 or Article 55(4) or (5) of Regulation (EU) 2024/3110 ” ; 3 In paragraph 2(c), after “Article 14(4)” insert “of Regulation (EU) 305/2011 respectively, or Article 22(11), Article 24(5) or Article 25(4) of Regulation (EU) 2024/3110 ” . Amendment of the Construction Products Regulations 2013 9 1 The Construction Products Regulations 2013 are amended as follows. 2 In regulation 2 (interpretation)— a in the definition of “EU Construction Products Regulation” for the words from “means”, to the end, substitute “Regulation (EU) 305/2011 and Regulation (EU) 2024/3110 ” ; b after the definition of “local weights and measures authority” insert the following definitions— “ Regulation (EU) 2024/3110 ” means Regulation (EU) 2024/3110 of the European Parliament and of the Council of 27 November 2024 laying down harmonised rules for the marketing of construction products and repealing Regulation (EU) No 305/2011 , as it has effect in EU law; “ Regulation (EU) 305/2011 ” means Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC , as it has effect in EU law; . 3 In regulation 4— a in paragraph (3)(b), for “the EU Construction Products Regulation” substitute “Regulation (EU) 305/2011 or a declaration of performance and conformity in accordance with Articles 13 and 15 of Regulation (EU) 2024/3110 ” ; b in paragraph (3)(c), in the words after paragraph (ii), for “the EU Construction Products Regulation” substitute “Regulation (EU) 305/2011 or Article 17(2) of Regulation (EU) 2024/3110 ” ; c in paragraph (5), in the words after sub-paragraph (b), for “the EU Construction Products Regulation” substitute “Regulation (EU) 305/2011 or Articles 17 and 18 of Regulation (EU) 2024/3110 ” . Signed by the authority of the Secretary of State for Housing, Communities and Local Government Samantha Dixon Parliamentary Under Secretary of State Ministry of Housing, Communities and Local Government 6th November 2025 Explanatory Note (This note is not part of the Regulations) These Regulations amend Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (EUR 2011/305) (“ the 2011 Regulation ”) and the Construction Products Regulations 2013 ( S.I. 2013/1387 ). Articles 16A to 16C of the 2011 Regulation set out the circumstances in which the provisions in the 2011 Regulation are treated as being satisfied by a CE marked construction product. Articles 59A and 59B make provision in relation to market surveillance where an economic operator is seeking to rely on provisions in Articles 16A, 16B or 16C. Regulations 3 to 6 amend Articles 16A to 16C to set out the circumstances in which the provisions in the 2011 Regulation will be treated as being satisfied by compliance with the requirements of Regulation (EU) 2024/3110 of the European Parliament and of the Council of 27 November 2024 laying down harmonised rules for the marketing of construction products and repealing Regulation (EU) No 305/2011 , as it has effect in EU law (“Regulation (EU) 2024/3110”). Regulations 7 and 8 amend Articles 59A and 59B to ensure that those provisions apply where an economic operator is seeking to rely upon compliance with Regulation (EU) 2024/3110 . Regulation 9 amends the Construction Products Regulations 2013 to ensure that the enforcement rules in those Regulations will apply to construction products relying on the provisions in the 2011 Regulation being treated as being satisfied by compliance with Regulation (EU) 2024/3110 . A full impact assessment has not been produced for this instrument as no, or no significant impact on the private, voluntary sector or community bodies is foreseen. 2022 c. 30 . EUR 2011/305, this Regulation was amended by S.I. 2019/465 , which was itself amended by 2020/1359 before it came into force; there are other amending instruments but none is relevant. OJ No. L 88, 4.4.2011, p. 5-43; relevant amending instruments are L157, 27.5.2014, p. 76; L159, 28.5.2014, p. 41; L169, 25.6.2019, p.1; L2769, 28.10.24, p. 1. OJ L, 2024/3110, 18.12.2024. S.I. 2013/1387 , this Regulation was amended by S.I. 2019/465 , which was itself amended by 2020/1359 before it came into force. This Regulation was also amended by S.I. 2022/712 ; there are other amending instruments but none is relevant.
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[uk-legislation-uksi][uksi] 2025-11-11
http://www.legislation.gov.uk/wsi/2025/1169/made
http://www.legislation.gov.uk/wsi/2025/1169/made The Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (Wales) Regulations 2025 en King's Printer of Acts of Parliament 2025-11-11 AGRICULTURE, WALES FOOD, WALES These Regulations amend, in relation to Wales, Commission Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries (EUR 2019/1793). 2025 No. 1169 (W. 191) Agriculture, Wales Food, Wales The Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (Wales) Regulations 2025 Made 4 November 2025 Laid before Senedd Cymru 6 November 2025 Coming into force 1 January 2026 The Welsh Ministers make these Regulations in exercise of the powers conferred by— Articles 47(2)(b), 54(4)(a) and (b) and 144(6)(a) of Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products ; Articles 53(1)(b) and 57a(6)(a) of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety . There has been consultation as required by Article 144(7) of Regulation (EU) 2017/625 and as required by Article 9 of Regulation (EC) No 178/2002 . Title, extent, application and coming into force 1 1 The title of these Regulations is the Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793 ) (Wales) Regulations 2025. 2 These Regulations— a extend to England and Wales; b apply in relation to Wales; c come into force on 1 January 2026. Amendment of Commission Implementing Regulation (EU) 2019/1793 2 1 Commission Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries is amended as follows. 2 In Article 1(1) (subject matter and scope)— a in sub-paragraph (a), for “CN codes and TARIC classifications” substitute “commodity codes” ; b in sub-paragraph (b)— i in paragraph (i), for “CN codes and TARIC classifications” substitute “commodity codes” ; ii in paragraph (ii), for “CN Codes” substitute “commodity codes” . 3 For Article 2A (references to CN codes and TARIC classifications) substitute— Article 2A Definition of commodity code For the purpose of this Regulation, ‘commodity code’ has the meaning given in the customs tariff, as established under section 8(1) of the Taxation (Cross-border Trade) Act 2018 . 4 In Article 5(2) (list of food and feed of non-animal origin), for “codes from the Combined Nomenclature and the TARIC sub-division” substitute “commodity codes” . 5 In Article 7(2) (entry into Great Britain), after “on the basis of the” insert “commodity” . 6 For Annex 1, substitute the Annex 1 contained in Schedule 1 to these Regulations. 7 For Annex 2, substitute the Annex 2 contained in Schedule 2 to these Regulations. 8 In Annex 2a (food and feed from certain third countries subject to suspension of entry into Great Britain referred to in Article 11a), in the table— a in the third column (CN Code), for the column heading substitute “ Commodity code ” ; b omit the fourth column (TARIC sub-division); c in footnote (1), for “CN code” in both places it appears, substitute “commodity code” . Amendment of the Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793 ) (No.2) (Wales) Regulations 2024 3 In the Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793 ) (No. 2) (Wales) Regulations 2024 — a in regulation 2 (amendment of Commission Implementing Regulation (EU) 2019/1793 ), omit paragraphs (5) and (6); b omit Schedules 1 and 2. Sarah Murphy Minister for Mental Health and Wellbeing, under the authority of the Cabinet Secretary for Health and Social Care, one of the Welsh Ministers 4 November 2025 SCHEDULE 1 Annex to be substituted for Annex 1 to Commission Implementing Regulation (EU) 2019/1793 Regulation 2(6) ANNEX 1 Food and feed of non-animal origin from certain third countries subject to a temporary increase of official controls at border control posts and control points Table 1 Country of origin Food and feed (intended use) Commodity code Hazard Frequency of physical and identity checks (%) (1) Where only certain products under any commodity code are required to be examined, the commodity code is marked “ex”. (2) The sampling and the analyses must be performed in accordance with the sampling procedures and the analytical reference methods set out in point 1(a) of Annex 3 to this Regulation. (3) The sampling and the analyses must be performed in accordance with the sampling procedures and the analytical reference methods set out in point 1(b) of Annex 3 to this Regulation. (4) Residues of at least those pesticides listed in the control programme adopted in accordance with Article 29(2) of Regulation (EC) No 396/2005 of the European Parliament and of the Council on maximum residue levels of pesticides in or on food and feed of plant and animal origin that can be analysed with multi-residue methods based on GC-MS and LC-MS (pesticides to be monitored in/on products of plant origin only). (5) Residues of Ethephon. (6) For the purposes of this Annex, “ Sudan dyes ” refers to the following chemical substances: (i) Sudan I (CAS Number 842-07-9); (ii) Sudan II (CAS Number 3118-97-6); (iii) Sudan III (CAS Number 85-86-9); (iv) Scarlet Red or Sudan IV (CAS Number 85-83-6). (7) Residues of Penthiopyrad. (8) Residues of Ethylene Oxide (sum of ethylene oxide and 2-chloro-ethanol, expressed as ethylene oxide). (9) Residues of Picoxystrobin. (10) Residues of Trichlorfon. (11) Residues of Anthraquinone. (12) “Unprocessed products” is defined in Article 2(1)(n) of Regulation (EC) No 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs . (13) “Placing on the market” and “final consumer” as respectively defined in Article 3(8) and (18) of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety. (14) The following reference methods may be used: (1) BS EN 1988-1:1998 “Foodstuffs. Determination–of sulfite - Optimized Monier-Williams method”, published by the British Standards Institution on 15 June 1998 (ISBN 0 580 29239 8), available from the British Standards Institution at https://knowledge.bsigroup.com; (2) BS EN 1988-2:1998 “Foodstuffs. Determination–of sulfite - Enzymatic method”, published by the British Standards Institution on 15 June 1998 (ISBN 0 580 29240 1), available from the British Standards Institution at https://knowledge.bsigroup.com; (3) ISO 5522:1981 “Fruits, vegetables and derived products — Determination of total sulphur dioxide content”, published by the International Organization for Standardization in September 1981, edition 1, available from the ISO at https://www.iso.org . Bolivia (BO) Groundnuts (peanuts), in shell (Food and feed) 1202 41 00 Aflatoxins 50 Groundnuts (peanuts), shelled (Food and feed) 1202 42 00 Groundnuts (peanuts), otherwise prepared or preserved (Food and feed) 2008 11 91 2008 11 96 2008 11 98 Peanut butter (Food and feed) 2008 11 10 Groundnut flours and meals (Food and feed) 1208 90 00 20 Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil (Food and feed) 2305 00 00 Groundnuts paste (Food and feed) 2007 10 10 80 2007 10 99 50 2007 99 39 07 2007 99 39 08 Brazil (BR) Black pepper ( Piper ) (Food – neither crushed nor ground) 0904 11 00 10 Salmonella 50 Papaws (papayas) (Food) 0807 20 00 Pesticide residues 10 China (CN) Groundnuts (peanuts), in shell (Food and feed) 1202 41 00 Aflatoxins 10 Groundnuts (peanuts), shelled (Food and feed) 1202 42 00 Groundnuts (peanuts), otherwise prepared or preserved (Food and feed) 2008 11 91 2008 11 96 2008 11 98 Peanut butter (Food and feed) 2008 11 10 Groundnut flours and meals (Food and feed) 1208 90 00 20 Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil (Food and feed) 2305 00 00 Groundnuts paste (Food and feed) 2007 10 10 80 2007 10 99 50 2007 99 39 07 2007 99 39 08 Colombia (CO) Granadilla ( Passiflora ligularis) and passion fruit ( Passiflora edulis ) (Food) 0810 90 20 40 0810 90 20 50 Pesticide residues 10 Dominican Republic (DO) Aubergines ( Solanum melongena ) (Food – fresh or chilled) 0709 30 00 05 Pesticide residues 50 Peppers of the genus Capsicum (other than sweet) (Food – fresh, chilled or frozen) 0709 60 99 20 0710 80 59 20 Pesticide residues 50 Sweet peppers ( Capsicum annuum ) (Food – fresh, chilled or frozen) 0709 60 10 0710 80 51 Pesticide residues 50 Yardlong beans ( Vigna unguiculata subsp. sesquipedalis ) (Food – fresh, chilled or frozen) ex0708 20 00 10 ex0710 22 00 10 Pesticide residues 50 Ecuador (EC) Bananas (Food - fresh or dried) 0803 90 Pesticide residues 5 Egypt (EG) Oranges (Food – fresh or dried) 0805 10 Pesticide residues 10 Peppers of the genus Capsicum (other than sweet) (Food – fresh, chilled or frozen) 0709 60 99 20 0710 80 59 20 Pesticide residues 20 Sweet peppers ( Capsicum annuum ) (Food – fresh, chilled or frozen) 0709 60 10 0710 80 51 Pesticide residues 20 Georgia (GE) Hazelnuts ( Corylus spp.), in shell (Food) 0802 21 00 Aflatoxins 20 Hazelnuts ( Corylus spp.), shelled (Food) 0802 22 00 Hazelnuts, otherwise prepared or preserved, including mixtures (Food) 2008 19 12 30 2008 19 19 30 2008 19 92 30 2008 19 95 20 2008 19 99 30 2008 97 12 15 2008 97 14 15 2008 97 16 15 2008 97 18 15 2008 97 32 15 2008 97 34 15 2008 97 36 15 2008 97 38 15 2008 97 51 15 2008 97 59 15 2008 97 72 15 2008 97 74 15 2008 97 76 15 2008 97 78 15 2008 97 92 15 2008 97 93 15 2008 97 94 15 2008 97 96 15 2008 97 97 15 2008 97 98 15 Flour, meal and powder of hazelnuts (Food) 1106 30 90 40 Hazelnut oil (Food) 1515 90 99 20 Hazelnut paste (Food) 2007 10 10 70 2007 10 99 40 2007 99 39 05 2007 99 39 06 2007 99 50 33 2007 99 97 23 Mixtures of nuts or dried fruits containing hazelnuts (Food) 0813 50 39 70 0813 50 91 70 0813 50 99 70 Ghana (GH) Palm oil (Food) 1511 10 90 1511 90 11 ex1511 90 19 90 1511 90 99 Sudan dyes 20 Israel (IL) Basil (holy, sweet) (Food – fresh or chilled herbs) 1211 90 86 20 Pesticide residues 10 Mint (Food – fresh or chilled herbs) 1211 90 86 30 Pesticide residues 10 India (IN) Cinnamon and cinnamon-tree flowers (Food – dried spices) 0906 Pesticide residues 10 Cloves (whole fruit, cloves and stems) (Food – dried spices) 0907 Pesticide residues 10 Cumin seeds, neither crushed nor ground (Food) 0909 31 00 Pesticide residues 10 Cumin seeds, crushed or ground (Food) 0909 32 00 Pesticide residues 10 Curry leaves ( Bergera/ Murraya koenigii ) (Food – fresh, chilled, frozen or dried) 1211 90 86 10 Pesticide residues 50 Fenugreek leaves (Food) ex0910 99 91 ex0910 99 99 Pesticide residues 10 Guar gum (Food and feed) ex1302 32 90 Pentachlorophenol and dioxins 20 Nutmeg ( Myristica fragrans) (Food – dried spices) 0908 11 00 0908 12 00 Aflatoxins 50 Nutmeg, mace and cardamoms (Food – dried spices) 0908 Pesticide residues 50 Peppers of the genus Capsicum (sweet or other than sweet) (Food – dried, roasted, crushed or ground) 0904 21 10 0904 21 90 20 0904 22 00 11 0904 22 00 19 ex2005 99 10 10 ex2005 99 10 90 ex2005 99 80 94 Aflatoxins 20 Rice (Food) 1006 Aflatoxins and Ochratoxin A 5 Pesticide residues 5 Yardlong beans ( Vigna unguiculata subsp. sesquipedalis ) (Food – fresh, chilled or frozen) ex0708 20 00 10 ex0710 22 00 10 Pesticide residues 20 Iran (IR) Melon seeds (Food) 1207 70 Aflatoxins 10 Kenya (KE) Beans ( Vigna spp., Phaseolus spp.) (Food – fresh or chilled ) 0708 20 Pesticide residues 10 Peppers of the genus Capsicum (other than sweet) (Food – fresh, chilled or frozen) 0709 60 99 20 0710 80 59 20 Pesticide residues 10 Cambodia (KH) Chinese celery ( Apium graveolens ) (Food – fresh or chilled herb) 0709 40 00 20 Pesticide residues 50 Yardlong beans ( Vigna unguiculata subsp. sesquipedalis ) (Food – fresh, chilled or frozen ) ex0708 20 00 10 ex0710 22 00 10 Pesticide residues 50 Lebanon (LB) Turnips ( Brassica rapa subsp. rapa ) (Food – prepared or preserved by vinegar or acetic acid) 2001 90 97 11 2001 90 97 19 Rhodamine B 50 Turnips ( Brassica rapa subsp. rapa ) (Food – prepared or preserved by brine or citric acid, not frozen) ex2005 99 80 93 Rhodamine B 50 Sri Lanka (LK) Mukunuwenna ( Alternanthera sessilis ) (Food) 0709 99 90 35 Pesticide residues 10 Madagascar (MG) Cow peas ( Vigna unguiculata subspp . ) (Food) 0713 35 00 Pesticide residues 10 Groundnuts (peanuts), in shell (Food and feed) 1202 41 00 Aflatoxins 50 Groundnuts (peanuts), shelled (Food and feed) 1202 42 00 Groundnuts (peanuts), otherwise prepared or preserved (Food and feed) 2008 11 91 2008 11 96 2008 11 98 Peanut butter (Food and feed) 2008 11 10 Groundnut flours and meals (Food and feed) 1208 90 00 20 Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil (Food and feed) 2305 00 00 Groundnuts paste (Food and feed) 2007 10 10 80 2007 10 99 50 2007 99 39 07 2007 99 39 08 Malaysia (MY) Jackfruit ( Artocarpus heterophyllus ) (Food – fresh) 0810 90 20 20 Pesticide residues 20 Nigeria (NG) Sesamum seeds (Food) 1207 40 2008 19 19 49 2008 19 99 49 Salmonella 50 Pakistan (PK) Rice (Food) 1006 Aflatoxins and Ochratoxin A 5 Pesticide residues 5 Paraguay (PY) Groundnuts (peanuts), in shell (Food and feed) 1202 41 00 Aflatoxins 10 Groundnuts (peanuts), shelled (Food and feed) 1202 42 00 Groundnuts (peanuts), otherwise prepared or preserved (Food and feed) 2008 11 91 2008 11 96 2008 11 98 Peanut butter (Food and feed) 2008 11 10 Groundnut flours and meals (Food and feed) 1208 90 00 20 Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil (Food and feed) 2305 00 00 Groundnut paste (Food and feed) 2007 10 10 80 2007 10 99 50 2007 99 39 07 2007 99 39 08 Sierra Leone (SL) Watermelon (egusi , Citrullus spp.) seeds and derived products (Food) 1207 70 00 10 1208 90 00 10 2008 99 99 50 Aflatoxins 50 Senegal (SN) Groundnuts (peanuts), in shell (Food and feed) 1202 41 00 Aflatoxins 50 Groundnuts (peanuts), shelled (Food and feed) 1202 42 00 Groundnuts (peanuts), otherwise prepared or preserved (Food and feed) 2008 11 91 2008 11 96 2008 11 98 Peanut butter (Food and feed) 2008 11 10 Groundnut flours and meals (Food and feed) 1208 90 00 20 Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil (Food and feed) 2305 00 00 Groundnuts paste (Food and feed) 2007 10 10 80 2007 10 99 50 2007 99 39 07 2007 99 39 08 Syria (SY) Sesamum seeds (Food) 1207 40 2008 19 19 49 2008 19 99 49 Salmonella 10 Tahini and halva from Sesamum seeds (Food) 1704 90 99 12 1704 90 99 92 1806 20 95 13 1806 20 95 93 1806 90 50 10 1806 90 60 11 1806 90 60 91 2008 19 19 41 2008 19 99 41 Salmonella 10 Turnips ( Brassica rapa subsp. rapa ) (Food – prepared or preserved by vinegar or acetic acid) 2001 90 97 11 2001 90 97 19 Rhodamine B 50 Turnips ( Brassica rapa subsp. rapa ) (Food – prepared or preserved by brine or citric acid, not frozen) ex2005 99 80 93 Rhodamine B 50 Thailand (TH) Food containing or consisting of betel leaves ( Piper betle ) (Food) ex1404 90 00 Salmonella 10 Peppers of the genus Capsicum (other than sweet) (Food – fresh, chilled or frozen ) 0709 60 99 20 0710 80 59 20 Pesticide residues 50 Pitahaya (dragon fruit) (Food – fresh, or chilled ) 0810 90 20 10 Pesticide residues 10 Türkiye (TR) Grapefruits (Food) ex0805 40 00 Pesticide residues 10 Lemons ( Citrus limon, Citrus limonum ) (Food – fresh, chilled or dried) 0805 50 10 Pesticide residues 20 Mandarins (including tangerines and satsumas), clementines, wilkings and similar citrus hybrids (Food – fresh or dried) 0805 21 0805 22 0805 29 Pesticide residues 20 Oranges (Food – fresh or dried) 0805 10 Pesticide residues 20 Pomegranates (Food – fresh or chilled) 0810 90 75 30 Pesticide residues 20 Peppers of the genus Capsicum (other than sweet) (Food – fresh, chilled or frozen ) 0709 60 99 20 0710 80 59 20 Pesticide residues 20 Sesamum seeds (Food) 1207 40 2008 19 19 49 2008 19 99 49 Salmonella 10 Sweet Peppers ( Capsicum annuum ) (Food – fresh, chilled or frozen) 0709 60 10 0710 80 51 Pesticide residues 20 Tahini and halva from Sesamum seeds (Food) 1704 90 99 12 1704 90 99 92 1806 20 95 13 1806 20 95 93 1806 90 50 10 1806 90 60 11 1806 90 60 91 2008 19 19 41 2008 19 99 41 Salmonella 10 Unprocessed whole, ground, milled, cracked, chopped apricot kernels intended to be placed on the market for the final consumer (Food) 1212 99 95 20 Cyanide 50 United States (US) Groundnuts (peanuts), in shell (Food and feed) 1202 41 00 Aflatoxins 10 Groundnuts (peanuts), shelled (Food and feed) 1202 42 00 Groundnuts (peanuts), otherwise prepared or preserved (Food and feed) 2008 11 91 2008 11 96 2008 11 98 Groundnut flours and meals (Food and feed) 1208 90 00 20 Peanut butter (Food and feed) 2008 11 10 Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil (Food and feed) 2305 00 00 Groundnuts paste (Food and feed) 2007 10 10 80 2007 10 99 50 2007 99 39 07 2007 99 39 08 Uzbekistan (UZ) Dried apricots (Food) 0813 10 00 Sulphites 50 Apricots, otherwise prepared or preserved (Food) 2008 50 Vietnam (VN) Basil (holy, sweet) (Food – fresh or chilled herbs) 1211 90 86 20 Pesticide residues 50 Coriander leaves (Food – fresh or chilled herbs) 0709 99 90 72 Pesticide residues 50 Mint (Food – fresh or chilled herbs) 1211 90 86 30 Pesticide residues 50 Okra (Food – fresh, chilled or frozen) 0709 99 90 20 0710 80 95 30 Pesticide residues 20 Parsle y (Food – fresh or chilled herbs) 0709 99 90 40 Pesticide residues 50 Peppers of the genus Capsicum (other than sweet) (Food – fresh, chilled or frozen) 0709 60 99 20 0710 80 59 20 Pesticide residues 50 Pitahaya (dragon fruit) (Food – fresh or chilled) 0810 90 20 10 Pesticide residues 50 SCHEDULE 2 Annex to be substituted for Annex 2 to Commission Implementing Regulation (EU) 2019/1793 Regulation 2(7) ANNEX 2 Food and feed from certain third countries subject to special conditions for the entry into Great Britain due to contamination risk by mycotoxins, including aflatoxins, pesticide residues and microbiological contamination Table 1 Food and feed of non-animal origin referred to in Article 1(1)(b)(i) Country of origin Food and feed (intended use) Commodity code Hazard Frequency of physical and identity checks (%) (1) Where only certain products under any commodity code are required to be examined, the commodity code is marked “ex”. (2) The sampling and the analyses must be performed in accordance with the sampling procedures and the analytical reference methods set out in point 1(a) of Annex 3 to this Regulation. (3) The sampling and the analyses must be performed in accordance with the sampling procedures and the analytical reference methods set out in point 1(b) of Annex 3 to this Regulation. (4) Residues of at least those pesticides listed in the control programme adopted in accordance with Article 29(2) of Regulation (EC) No 396/2005 of the European Parliament and of the Council on maximum residue levels of pesticides in or on food and feed of plant and animal origin that can be analysed with multi-residue methods based on GC-MS and LC-MS (pesticides to be monitored in/on products of plant origin only). (5) Residues of Ethylene Oxide (sum of ethylene oxide and 2-chloro-ethanol, expressed as ethylene oxide). (6) Residues of Picoxystrobin. (7) Residues of Trichlorfon. Argentina (AR) Groundnuts (peanuts), in shell (Food and feed) 1202 41 00 Aflatoxins 5 Groundnuts (peanuts), shelled (Food and feed) 1202 42 00 Groundnuts (peanuts), otherwise prepared or preserved (Food and feed) 2008 11 91 2008 11 96 2008 11 98 Peanut butter (Food and feed) 2008 11 10 Groundnut flours and meals (Food and feed) 1208 90 00 20 Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil (Food and feed) 2305 00 00 Groundnuts paste (Food and feed) 2007 10 10 80 2007 10 99 50 2007 99 39 07 2007 99 39 08 Azerbaijan (AZ) Hazelnuts ( Corylus spp.) , in shell (Food) 0802 21 00 Aflatoxins 20 Hazelnuts ( Corylus spp.) , shelled (Food) 0802 22 00 Hazelnuts, otherwise prepared or preserved, including mixtures (Food) 2008 19 12 30 2008 19 19 30 2008 19 92 30 2008 19 95 20 2008 19 99 30 2008 97 12 15 2008 97 14 15 2008 97 16 15 2008 97 18 15 2008 97 32 15 2008 97 34 15 2008 97 36 15 2008 97 38 15 2008 97 51 15 2008 97 59 15 2008 97 72 15 2008 97 74 15 2008 97 76 15 2008 97 78 15 2008 97 92 15 2008 97 93 15 2008 97 94 15 2008 97 96 15 2008 97 97 15 2008 97 98 15 Flour, meal and powder of hazelnuts (Food) 1106 30 90 40 Hazelnut oil (Food) 1515 90 99 20 Hazelnut paste (Food) 2007 10 10 70 2007 10 99 40 2007 99 39 05 2007 99 39 06 2007 99 50 33 2007 99 97 23 Mixtures of nuts or dried fruits containing hazelnuts (Food) 0813 50 39 70 0813 50 91 70 0813 50 99 70 Bangladesh (BD) Food containing or consisting of betel leaves ( Piper betle ) (Food) ex1404 90 00 Salmonella 50 Brazil (BR) Brazil nuts, in shell (Food) 0801 21 00 Aflatoxins 50 Mixtures of nuts or dried fruits containing Brazil nuts in shell (Food) 0813 50 31 20 0813 50 39 20 0813 50 91 20 0813 50 99 20 China (CN) Enoki Mushrooms (Food) ex0709 59 00 Listeria 20 Tea, whether or not flavoured (Food) 0902 Pesticide residues 5 Egypt (EG) Groundnuts (peanuts), in shell (Food and feed) 1202 41 00 Aflatoxins 20 Groundnuts (peanuts), shelled (Food and feed) 1202 42 00 Groundnuts (peanuts), otherwise prepared or preserved (Food and feed) 2008 11 91 2008 11 96 2008 11 98 Peanut butter (Food and feed) 2008 11 10 Groundnut flours and meals (Food and feed) 1208 90 00 20 Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil (Food and feed) 2305 00 00 Groundnuts paste (Food and feed) 2007 10 10 80 2007 10 99 50 2007 99 39 07 2007 99 39 08 Vine leaves (Food) 2008 99 99 11 2008 99 99 19 Pesticide residues 20 Ethiopia (ET) Ginger, saffron, turmeric ( Curcuma ), thyme, bay leaves, curry and other spices (Food – dried spices) 0910 Aflatoxins 50 Pepper of the genus Piper , dried or crushed or ground fruit of the genus Capsicum or of the genus Pimenta (Food – dried spices) 0904 Aflatoxins 50 Sesamum seeds (Food) 1207 40 2008 19 19 49 2008 19 99 49 Salmonella 50 Ghana (GH) Groundnuts (peanuts), in shell (Food and feed) 1202 41 00 Aflatoxins 50 Groundnuts (peanuts), shelled (Food and feed) 1202 42 00 Groundnuts (peanuts), otherwise prepared or preserved (Food and feed) 2008 11 91 2008 11 96 2008 11 98 Peanut butter (Food and feed) 2008 11 10 Groundnut flours and meals (Food and feed) 1208 90 00 20 Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil (Food and feed) 2305 00 00 Groundnuts paste (Food and feed) 2007 10 10 80 2007 10 99 50 2007 99 39 07 2007 99 39 08 The Gambia (GM) Groundnuts (peanuts), in shell (Food and feed) 1202 41 00 Aflatoxins 50 Groundnuts (peanuts), shelled (Food and feed) 1202 42 00 Groundnuts (peanuts), otherwise prepared or preserved (Food and feed) 2008 11 91 2008 11 96 2008 11 98 Peanut butter (Food and feed) 2008 11 10 Groundnut flours and meals (Food and feed) 1208 90 00 20 Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil (Food and feed) 2305 00 00 Groundnuts paste (Food and feed) 2007 10 10 80 2007 10 99 50 2007 99 39 07 2007 99 39 08 Indonesia (ID) Nutmeg ( Myristica fragrans ) (Food – dried spices) 0908 11 00 0908 12 00 Aflatoxins 10 India (IN) Drumsticks ( Moringa oleifera ) (Food – fresh, chilled or frozen) 0709 99 90 10 0710 80 95 75 Pesticide residues 20 Food containing or consisting of betel leaves ( Piper betle ) (Food) ex1404 90 00 Salmonella 10 Ginger, saffron, turmeric ( Curcuma ), thyme, bay leaves, curry and other spices (Food – dried spices) 0910 Pesticide residues 20 Groundnuts (peanuts), in shell (Food and feed) 1202 41 00 Aflatoxins 50 Groundnuts (peanuts), shelled (Food and feed) 1202 42 00 Groundnuts (peanuts), otherwise prepared or preserved (Bwyd a bwyd anifeiliaid) 2008 11 91 2008 11 96 2008 11 98 Peanut butter (Food and feed) 2008 11 10 Groundnut flours and meals (Food and feed) 1208 90 00 20 Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil (Food and feed) 2305 00 00 Groundnuts paste (Food and feed) 2007 10 10 80 2007 10 99 50 2007 99 39 07 2007 99 39 08 Okra (Food – fresh, chilled or frozen ) 0709 99 90 20 0710 80 95 30 Pesticide residues 20 Peppers of the genus Capsicum (sweet or other than sweet) (Food – dried, roasted, crushed or ground) 0904 ex2005 99 10 10 ex2005 99 10 90 ex2005 99 80 94 Pesticide residues 20 Peppers of the genus Capsicum (other than sweet) (Food – fresh, chilled or frozen ) 0709 60 99 20 0710 80 59 20 Pesticide residues 20 Seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries (Food – dried spices) 0909 Pesticide residues 20 Sesamum seeds (Food) 1207 40 2008 19 19 49 2008 19 99 49 Salmonella 30 Pesticides residues 30 Iran (IR) Pistachios, in shell (Food) 0802 51 00 Aflatoxins 50 Pistachios, shelled (Food) 0802 52 00 Pistachios, prepared or preserved, including mixtures (Food) 2008 19 13 20 2008 19 93 20 2008 97 12 19 2008 97 14 19 2008 97 16 19 2008 97 18 19 2008 97 32 19 2008 97 34 19 2008 97 36 19 2008 97 38 19 2008 97 51 19 2008 97 59 19 2008 97 72 19 2008 97 74 19 2008 97 76 19 2008 97 78 19 2008 97 92 19 2008 97 93 19 2008 97 94 19 2008 97 96 19 2008 97 97 19 2008 97 98 19 Flour, meal and powder of pistachios (Food) 1106 30 90 50 Pistachio paste (Food) 2007 10 10 60 2007 10 99 30 2007 99 39 03 2007 99 39 04 2007 99 50 32 2007 99 97 22 Mixtures of nuts or dried fruits containing pistachios (Food) 0813 50 39 60 0813 50 91 60 0813 50 99 60 South Korea (KR) Enoki mushrooms (Food) ex0709 59 00 Listeria 20 Sri Lanka (LK) Peppers of the genus Capsicum (sweet or other than sweet) (Food – dried, roasted, crushed or ground) 0904 21 10 0904 21 90 20 0904 22 00 11 0904 22 00 19 ex2005 99 10 10 ex2005 99 10 90 ex2005 99 80 94 Aflatoxins 50 Nigeria (NG) Watermelon (egusi , Citrullus spp.) seeds and derived products (Food) 1207 70 00 10 1208 90 00 10 2008 99 99 50 Aflatoxins 50 Pakistan (PK) Peppers of the genus Capsicum (other than sweet) (Food – fresh, chilled or frozen) 0709 60 99 20 0710 80 59 20 Pesticide residues 20 Spice mixes (Food) 0910 91 10 0910 91 90 Aflatoxins 10 Sudan (SD) Groundnuts (peanuts), in shell (Food and feed) 1202 41 00 Aflatoxins 50 Groundnuts (peanuts), shelled (Food and feed) 1202 42 00 Groundnuts (peanuts), otherwise prepared or preserved (Food and feed) 2008 11 91 2008 11 96 2008 11 98 Peanut butter (Food and feed) 2008 11 10 Groundnut flours and meals (Food and feed) 1208 90 00 20 Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil (Food and feed) 2305 00 00 Groundnuts paste (Food and feed) 2007 10 10 80 2007 10 99 50 2007 99 39 07 2007 99 39 08 Sesamum seeds (Food) 1207 40 2008 19 19 49 2008 19 99 49 Salmonella 50 Türkiye (TR) Dried figs (Food) 0804 20 90 Aflatoxins 20 Dried figs, prepared or preserved, including mixtures (Food) 2008 97 12 11 2008 97 14 11 2008 97 16 11 2008 97 18 11 2008 97 32 11 2008 97 34 11 2008 97 36 11 2008 97 38 11 2008 97 51 11 2008 97 59 11 2008 97 72 11 2008 97 74 11 2008 97 76 11 2008 97 78 11 2008 97 92 11 2008 97 93 11 2008 97 94 11 2008 97 96 11 2008 97 97 11 2008 97 98 11 2008 99 28 10 2008 99 34 10 2008 99 37 10 2008 99 40 10 2008 99 49 60 2008 99 67 95 2008 99 99 60 Flour, meal or powder of dried figs (Food) 1106 30 90 60 Dried fig paste (Food) 2007 10 10 50 2007 10 99 20 2007 99 39 01 2007 99 39 02 2007 99 50 31 2007 99 97 21 Mixtures of nuts or dried fruits containing figs (Food) 0813 50 99 50 Pistachios, in shell (Food) 0802 51 00 Aflatoxins 50 Pistachios, shelled (Food) 0802 52 00 Pistachios, prepared or preserved, including mixtures (Food) 2008 19 13 20 2008 19 93 20 2008 97 12 19 2008 97 14 19 2008 97 16 19 2008 97 18 19 2008 97 32 19 2008 97 34 19 2008 97 36 19 2008 97 38 19 2008 97 51 19 2008 97 59 19 2008 97 72 19 2008 97 74 19 2008 97 76 19 2008 97 78 19 2008 97 92 19 2008 97 93 19 2008 97 94 19 2008 97 96 19 2008 97 97 19 2008 97 98 19 Flour, meal and powder of pistachios (Food) 1106 30 90 50 Pistachio paste (Food) 2007 10 10 60 2007 10 99 30 2007 99 39 03 2007 99 39 04 2007 99 50 32 2007 99 97 22 Mixtures of nuts or dried fruits containing pistachios (Food) 0813 50 39 60 0813 50 91 60 0813 50 99 60 Vine leaves (Food) 2008 99 99 11 2008 99 99 19 Pesticide residues 50 Uganda (UG) Peppers of the genus Capsicum (other than sweet) (Food – fresh, chilled or frozen) 0709 60 99 20 0710 80 59 20 Pesticide residues 20 Sesamum seeds (Food) 1207 40 2008 19 19 49 2008 19 99 49 Salmonella 20 Table 2 Compound food referred to in Article 1(1)(b)(ii) Compound food containing any of the individual products listed in Table 1 of this Annex due to risk of contamination by aflatoxins in a quantity above 20% of either a single product or as the sum of products listed. Commodity Code Description (1) Where only certain products under any commodity code are required to be examined, the commodity code is marked “ex”. (2) Mixtures of two or more of the products of different headings are to be classified in heading 0910. ex1704 90 Sugar confectionery (including white chocolate), not containing cocoa, other than chewing gum, whether or not sugar-coated. ex1806 Chocolate and other food preparations containing cocoa. ex1905 Bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products. 0910 91 Mixtures of spices . EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend, in relation to Wales, Commission Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries (EUR 2019/1793). Regulation 2 makes provision to update the lists of high-risk food and feed of non-animal origin in Annexes 1 and 2 to EUR 2019/1793. Regulation 2(5) and (6), and Schedules 1 and 2, substitute those Annexes. The substitution of Annex 1 is made using powers in Articles 47(2)(b) and 54(4)(a) of Regulation (EU 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products (EUR 2017/625). The substitution of Annex 2 is made using powers in Article 53 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (EUR 2002/178) and Article 54(4)(b) of EUR 2017/625. In addition to the updated lists in Annexes 1 and 2, amendments are made to the terminology and presentation of the codes used to identify the food and feed subject to controls. The codes, currently presented as a up to 8-digit Combined Nomenclature followed by a separate 2-digit TARIC sub-division, are now presented as a single up to 10-digit code; renamed commodity code to align with the United Kingdom’s Integrated Tariff system. The lists are corrected by the “ex” marking being removed from certain commodities, which as a result of adopting the United Kingdom’s Integrated Tariff system post EU-Exit, is no longer required. The Annexes are now updated to align the presentation of the commodity codes with the United Kingdom’s Integrated Tariff system. Regulation 3 makes consequential amendments to the Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793 ) (No. 2) (Wales) Regulations 2024 ( S.I. 2024/1214 (W. 198) ), to remove earlier amendments to EUR 2019/1793 that are superseded by the amendments made by these Regulations. Annex 1 to EUR 2019/1793 contains the list of food and feed of non-animal origin that is subject to a temporary increase in official controls at border control posts or at control points in Great Britain. The changes being made to Annex 1 are as follows: CN Codes and TARIC sub-division classifications are presented as a single commodity code of up to 10-digits. Removal of “ex” references from various commodities. Removal of footnotes from existing entries where the pesticide is no longer a substance of concern for the commodity. Addition of footnotes to existing entries where new pesticides have been identified as substances of concern for the commodity. New entry for papaws (papayas) from Brazil (for pesticide residues). The frequency of checks is prescribed at 10%. The entry for sweet peppers from China (for Salmonella ) has been removed. The frequency of checks on aubergines from Dominican Republic (for pesticide residues) is increased to 50% (from 20%). The entry for drumsticks from India (for pesticide residues) has been removed. The entry is transferred into Annex 2, Table 1, with a frequency of checks of 20%. The entry for ginger, saffron, turmeric, thyme, bay leaves, curry and other spices from India (for pesticide residues) has been removed. The entry is transferred into Annex 2, Table 1, with a frequency of checks of 20%. The frequency of checks on nutmeg, mace and cardamoms from India (for pesticide residues) is increased to 50% (from 10%). The entry for okra from India (for pesticide residues) has been removed. The entry is transferred into Annex 2, Table 1, with a frequency of checks of 20%. The entry for seeds of anise, badian, fennel, coriander, cumin or caraway and juniper berries from India (for pesticide residues) has been removed. The entry is transferred into Annex 2, Table 1, with a frequency of checks of 20%. The frequency of checks on jackfruit from Malaysia (for pesticide residues) is decreased to 20% (from 50%). The entry for Sesamum seeds from Nigeria (for Salmonella ) has been extended and includes two additional commodity codes. The frequency of checks remains at 50%. New entries for groundnuts and associated products from Paraguay (for aflatoxins). The frequency of checks is prescribed at 10%. The entry for Sesamum seeds from Syria (for Salmonella ) has been extended and includes two additional commodity codes (transferred from the tahini and halva from Sesamum entry for Syria). The frequency of checks remains at 10%. Two commodity codes are removed from the entry for tahini and halva (for Salmonella ) from Syria and are transferred to the entry for Sesamum seeds. The frequency of checks remains at 10%. New entry for pitahaya (dragon fruit) from Thailand (for pesticide residues). The frequency of checks is prescribed at 10%. The entry for Sesamum seeds from Türkiye (for Salmonella ) has been extended and includes two additional commodity codes (transferred from the tahini and halva from Sesamum entry for Türkiye). The frequency of checks remains at 10%. Two commodity codes are removed from the entry for tahini and halva (for Salmonella ) from Türkiye and are transferred to the entry for Sesamum seeds. The frequency of checks remains at 10%. The entry for peppers of the genus Capsicum (other than sweet) from Uganda (for pesticide residues) has been removed. The entry is transferred into Annex 2, Table 1, with a frequency of checks of 20%. The frequency of checks for okra from Vietnam (for pesticide residues) is reduced to 20% (from 50%). In Annex 2 to EUR 2019/1793, Table 1 contains the list of food and feed of non-animal origin for which special conditions are prescribed governing their entry into Great Britain. The changes being made to Annex 2, Table 1, are as follows: CN Codes and TARIC sub-division classifications are presented as a single commodity code of up to 10-digits. Removal of “ex” references from various commodities. Removal of footnotes from existing entries where the pesticide is no longer a substance of concern for the commodity. Addition of footnotes to existing entries where new pesticides have been identified as substances of concern for the commodity. The entry for Sesamum seeds from Ethiopia (for Salmonella ) has been extended and includes two additional commodity codes. The frequency of checks remains at 50%. New entry for drumsticks from India (for pesticide residues). The frequency of checks is prescribed at 20%. The entry is transferred into Annex 2, Table 1 (from Annex 1). New entry for ginger, saffron, turmeric, thyme, bay leaves, curry and other spices from India (for pesticide residues). The frequency of checks is prescribed at 20%. The entry is transferred into Annex 2, Table 1 (from Annex 1). New entry for okra from India (for pesticide residues). The frequency of checks is prescribed at 20%. The entry is transferred into Annex 2, Table 1 (from Annex 1). New entry for seeds of anise, badian, fennel, coriander, cumin or caraway and juniper berries from India (for pesticide residues). The frequency of checks is prescribed at 20%. The entry is transferred into Annex 2, Table 1 (from Annex 1). The entry for Sesamum seeds from India (for Salmonella and pesticide residues) has been extended and includes two additional commodity codes. The frequency of checks remains at 30%. The entry for Sesamum seeds from Sudan (for Salmonella ) has been extended and includes two additional commodity codes. The frequency of checks remains at 50%. New entry for peppers of the genus Capsicum (other than sweet) from Uganda (for pesticide residues). The frequency of checks is prescribed at 20%. The entry is transferred into Annex 2, Table 1 (from Annex 1). The entry for Sesamum seeds from Uganda (for Salmonella ) has been extended and includes two additional commodity codes. The frequency of checks remains at 20%. In Annex 2 to EUR 2019/1793, Table 2 contains a list of compound food containing any of the food listed in Table 1 of Annex 2 due to the risk of contamination by aflatoxins in a quantity above 20% of either a single product or as the sum of those products. Table 2 is restated with references to “CN Code” being replaced with “commodity code”. The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations. EUR 2017/625, amended by S.I. 2020/1481 and 2025/102 ; there are other amending instruments but none is relevant. The term “the appropriate authority” is defined in Article 3(2A) of EUR 2017/625. EUR 2002/178, amended by S.I. 2019/641 and 2022/377 . S.I. 2019/641 was amended by S.I. 2020/1504 . The term “appropriate authority” is defined in Article 3(19) of EUR 2002/178. EUR 2019/1793, amended by S.I. 2020/1631 , 2022/1330 (W. 269) , 2024/119 (W. 27) , 1214 (W. 198) ; there are other amending instruments but none is relevant. 2018 c. 22 . S.I. 2024/1214 (W. 198) . EUR 2005/396, amended by S.I. 2019/557 . S.I. 2019/557 was amended by S.I. 2020/1376 . EUR 2004/852, amended by S.I. 2019/642 ; there are other amending instruments but none is relevant.
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[uk-legislation-uksi][uksi] 2025-11-12 The Access to the Countryside (Coastal Margin) (Portsmouth to South Hayling) Order 2025
http://www.legislation.gov.uk/uksi/2025/1179/made
http://www.legislation.gov.uk/uksi/2025/1179/made The Access to the Countryside (Coastal Margin) (Portsmouth to South Hayling) Order 2025 en King's Printer of Acts of Parliament 2025-11-12 COUNTRYSIDE, ENGLAND This Order appoints the day on which the access preparation period ends in relation to land which is coastal margin as a result of the approval by the Secretary of State of Natural England’s proposals contained in reports relating to coastal access along the long-distance route between Portsmouth to South Hayling. Copies of the Secretary of State’s notices of approval are available at www.gov.uk and may also be obtained by writing to the Department for Environment, Food and Rural Affairs, Seacole Building, 2 Marsham Street, London SW1 4DF. 2025 No. 1179 Countryside, England The Access to the Countryside (Coastal Margin) (Portsmouth to South Hayling) Order 2025 Made 11th November 2025 Coming into force 12th November 2025 The Secretary of State makes this Order in exercise of the powers conferred by section 3A(10) of the Countryside and Rights of Way Act 2000 . Citation and commencement and interpretation 1 1 This Order may be cited as the Access to the Countryside (Coastal Margin) (Portsmouth to South Hayling) Order 2025 and comes into force on the day after the day on which it is made. 2 In this Order— 3 “ the Act ” means the National Parks and Access to the Countryside Act 1949 ; 4 “ the relevant approvals ” means the approval, by the Secretary of State under section 52(1) of the Act , of the proposals contained in the— a England Coast Path Portsmouth to South Hayling Chapter 1, Old Portsmouth to Eastney report on 6th March 2024; b England Coast Path Portsmouth to South Hayling Chapter 2, Eastney to Langstone report on 6th March 2024; c England Coast Path Portsmouth to South Hayling Chapter 3, Langstone to South Hayling report on 6th March 2024. 5 “ the relevant reports ” means the reports submitted by Natural England to the Secretary of State under sections 51 and 55A of the Act on 19th July 2017 entitled— a England Coast Path Portsmouth to South Hayling Chapter 1, Old Portsmouth to Eastney; b England Coast Path Portsmouth to South Hayling Chapter 2, Eastney to Langstone; c England Coast Path Portsmouth to South Hayling Chapter 3, Langstone to South Hayling. End of access preparation period 2 In relation to land which is coastal margin, as a result of the relevant approvals of the proposals contained in the relevant reports, the day appointed as the day on which the access preparation period ends, is 12th November 2025. Hayman of Ullock Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs 11th November 2025 EXPLANATORY NOTE (This note is not part of the Order) This Order appoints the day on which the access preparation period ends in relation to land which is coastal margin as a result of the approval by the Secretary of State of Natural England’s proposals contained in reports relating to coastal access along the long-distance route between Portsmouth to South Hayling. Copies of the Secretary of State’s notices of approval are available at www.gov.uk and may also be obtained by writing to the Department for Environment, Food and Rural Affairs, Seacole Building, 2 Marsham Street, London SW1 4DF. An impact assessment has not been prepared in respect of this Order because the assumptions underlying the Order were reflected in the impact assessment which was prepared for the Marine and Coastal Access Act 2009 (c. 23) . It is available at www.gov.uk , or may be obtained by writing to the Commons and Access Implementation Team at the Department for Environment, Food and Rural Affairs at the address given above. 2000 c. 37 ; section 3A was inserted by the Marine and Coastal Access Act 2009 (c. 23) , section 303(5). 1949 c. 97 . The functions of the Secretary of State under sections 51 and 52 of the National Parks and Access to the Countryside Act 1949 (c. 97) were originally vested in the Minister of Town and Country Planning in relation to England and Wales (see section 114(1) of that Act). The Minister of Town and Country Planning was renamed the Minister of Local Government and Planning by S.I. 1951/142 , and was further renamed the Minister of Housing and Local Government by S.I. 1951/1900 . S.I. 1965/143 transferred (so far as relevant) the functions of the Minister of Housing and Local Government to the Minister of Land and Natural Resources. The Ministry of Land and Natural Resources was dissolved by S.I. 1967/156 and the functions of that Minister (so far as relevant) were transferred to the Minister of Housing and Local Government. The Ministry of Housing and Local Government was dissolved and the functions of that Minister were transferred to the Secretary of State by S.I. 1970/1681 . Section 52(1) was amended by the Natural Environment and Rural Communities Act 2006 (c. 16) , Schedule 11, Part 1, paragraph 10(f). Section 51 was amended by: the Countryside Act 1968 (c. 41) , section 21(2); the Local Government Act 1972 (c. 70) , Schedule 30; the Environmental Protection Act 1990 (c. 43) , Schedule 8, paragraph 1(7); the Environment Act 1995 (c. 25) , Schedule 10, paragraph 2(5); the Countryside and Rights of Way Act 2000, Schedule 5, Part 2, paragraph 12 and Schedule 7, paragraph 1; and by the Natural Environment and Rural Communities Act 2006, Schedule 11, Part 1, paragraph 10(e). Section 55A was inserted by the Marine and Coastal Access Act 2009, section 302(1). The reports are available at www.gov.uk or may be obtained by writing to Coastal Access Delivery Team, Natural England, Mail Hub, County Hall, Spetchley Road, Worcester, WR5 2NP. The term “access preparation period” is defined in section 3A(10) of the Countryside and Rights of Way Act 2000.
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[uk-legislation-uksi][uksi] 2025-11-12 The Energy Act 2023 (Commencement No. 4) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1173/made
http://www.legislation.gov.uk/uksi/2025/1173/made The Energy Act 2023 (Commencement No. 4) Regulations 2025 King's Printer of Acts of Parliament 2025-11-12 ENERGY These Regulations bring into force on 2nd December 2025 specified provisions of the Energy Act 2023 (c. 52) (“the Act”). These are the fourth set of commencement regulations under the Act. 2025 No. 1173 (C. 58) ENERGY The Energy Act 2023 (Commencement No. 4) Regulations 2025 Made 6th November 2025 The Secretary of State makes these Regulations in exercise of the powers conferred by section 334(1) of the Energy Act 2023 . Citation 1 These Regulations may be cited as the Energy Act 2023 (Commencement No. 4) Regulations 2025. Provision coming into force on 2nd December 2025 2 Section 304 of the Energy Act 2023 (excluded disposal sites) comes into force on 2nd December 2025, insofar as it is not already in force . Vallance Minister of State Department for Energy Security and Net Zero 6th November 2025 Explanatory Note (This note is not part of the Regulations) These Regulations bring into force on 2nd December 2025 specified provisions of the Energy Act 2023 (c. 52) (“ the Act ”). These are the fourth set of commencement regulations under the Act. Regulation 2 brings into force the remaining provisions of section 304, amending the Nuclear Installations Act 1965 (c. 57) to create a route by which certain installations for the disposal of nuclear matter can be excluded from the nuclear third party liability regime established by that Act. NOTE AS TO EARLIER COMMENCEMENT REGULATIONS (This note is not part of the Regulations) The following provisions of the Energy Act 2023 have been brought into force by commencement Regulations made before the date of these Regulations. Provision Date of Commencement S.I. No. Sections 103 to 106 11th January 2024 S.I. 2024/32 Section 156 10th September 2024 S.I. 2024/890 Sections 161 to 165 31st January 2024 S.I. 2024/32 Section 166(1) 31st January 2024 S.I. 2024/32 Section 166(2) 1st October 2024 S.I. 2024/957 Section 166(3) to (10) 31st January 2024 S.I. 2024/32 Section 167 31st January 2024 S.I. 2024/32 Section 168(1) 31st January 2024 S.I. 2024/32 Section 168(2) 1st October 2024 S.I. 2024/957 Section 168(3) to (5) 31st January 2024 S.I. 2024/32 Sections 171 to 173 31st January 2024 S.I. 2024/32 Sections 176 to 179 31st January 2024 S.I. 2024/32 Sections 182 to 201 10th September 2024 S.I. 2024/890 Section 209 10th September 2024 S.I. 2024/890 Sections 238 to 249 11th January 2024 S.I. 2024/32 Sections 267 to 289 11th January 2024 S.I. 2024/32 Sections 296 to 298 11th January 2024 S.I. 2024/32 Section 299(1) and (2) 11th January 2024 S.I. 2024/32 Sections 300 and 301 11th January 2024 S.I. 2024/32 Section 302 10th September 2024 S.I. 2024/890 Section 304(3)(partially) 11th January 2024 S.I. 2024/32 Section 310 31st January 2024 S.I. 2024/32 Schedule 6 11th January 2024 S.I. 2024/32 Schedule 11 paragraphs 1 and 2 1st October 2024 S.I. 2024/957 Schedule 11 paragraph 3 31st January 2024 S.I. 2024/32 Schedule 11 paragraphs 4 and 5 1st October 2024 S.I. 2024/957 Schedule 11 paragraphs 6, 7 and 8 31st January 2024 S.I. 2024/32 Schedule 12 10th September 2024 S.I. 2024/890 Schedule 13 10th September 2024 S.I. 2024/890 Schedule 14 10th September 2024 S.I. 2024/890 Schedule 19 11th January 2024 S.I. 2024/32 Schedule 20 11th January 2024 S.I. 2024/32 Schedule 21 11th January 2024 S.I. 2024/32 2023 c. 52 . Subsection (3) of section 304 was partially commenced by S.I. 2024/32 . Sections 303 and 304 were originally brought into force by S.I. 2024/32 but the commencement of those sections (other than section 304(3) for certain purposes) was revoked by S.I. 2024/98 .
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[uk-legislation-uksi][uksi] 2025-11-13 The Criminal Justice Act 2003 (Removal of Prisoners for Deportation) Order 2025
http://www.legislation.gov.uk/uksi/2025/1187/made
http://www.legislation.gov.uk/uksi/2025/1187/made The Criminal Justice Act 2003 (Removal of Prisoners for Deportation) Order 2025 King's Printer of Acts of Parliament 2025-11-13 PRISONS, ENGLAND AND WALES This Order amends section 260 of the Criminal Justice Act 2003 (c. 44) (“the 2003 Act”). The Criminal Justice Act 2003 (Removal of Prisoners for Deportation) Order 2025 2025 No. 1187 PRISONS, ENGLAND AND WALES The Criminal Justice Act 2003 (Removal of Prisoners for Deportation) Order 2025 Made 16th September 2025 Coming into force 23rd September 2025 The Secretary of State makes this Order in exercise of the powers conferred by section 260(6) of the Criminal Justice Act 2003 . In accordance with section 330(5)(a) of that Act, a draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament. Citation, commencement and extent 1 1 This Order may be cited as the Criminal Justice Act 2003 (Removal of Prisoners for Deportation) Order 2025. 2 This Order comes into force on 23rd September 2025. 3 This Order extends to England and Wales only. Amendment to section 260 of the Criminal Justice Act 2003 2 Section 260(2) of the Criminal Justice Act 2003 is amended as follows— a in paragraph (a), for “one half” substitute “30%” ; b in paragraph (b), for “545 days” substitute “4 years” . Timpson Minister of State Ministry of Justice 16th September 2025 Explanatory Note (This note is not part of the Order) This Order amends section 260 of the Criminal Justice Act 2003 (c. 44) (“ the 2003 Act ”). Sections 260 and 261 of the 2003 Act allow for the removal of foreign nationals serving a determinate sentence from prison for the purposes of deportation from the UK. As currently drafted, section 260(2) provides that the Secretary of State may remove from prison an eligible fixed-term prisoner up to 545 days (18 months) before their automatic release point once they have served at least half of the custodial part of their sentence (the current minimum pre-removal custodial period). Both the percentage that needs to be served before removal and the period in which an offender can be removed are being amended by this Statutory Instrument. This Order increases the maximum removal period in section 260 by substituting a reference to thirty percent, in place of the previous reference to one half and a reference to 4 years, in place of the previous reference to 545 days. This means that the pre-removal custodial period is now the later date of a) 30% of the requisite custodial period or b) 4 years before the end of the requisite custodial period. A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen. 2003 c. 44 . Paragraphs (a) and (b) of section 260(6) were substituted for paragraphs (a) to (c) of section 260(6) by section 47(8) of the Nationality and Borders Act 2022 (c. 36) . Subsections (1) and (2) of section 260 were substituted for subsections (1) to (2B) of section 260 by section 47(3) of the Nationality and Borders Act 2022 (c. 36) . Section 260(2)(b) was amended by S.I. 2023/1368 .
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[uk-legislation-uksi][uksi] 2025-11-13 The Inspectors of Education, Children’s Services and Skills (No. 4) Order 2025
http://www.legislation.gov.uk/uksi/2025/1185/made
http://www.legislation.gov.uk/uksi/2025/1185/made The Inspectors of Education, Children’s Services and Skills (No. 4) Order 2025 en King's Printer of Acts of Parliament 2025-11-13 EDUCATION, ENGLAND CHILDREN AND YOUNG PERSONS, ENGLAND This Order appoints the persons named in the Schedule as His Majesty’s Inspectors of Education, Children’s Services and Skills. 2025 No. 1185 Education, England Children And Young Persons, England The Inspectors of Education, Children’s Services and Skills (No. 4) Order 2025 Made 12th November 2025 Coming into force 13th November 2025 At the Court at Buckingham Palace, the 12th day of November 2025 Present, The King’s Most Excellent Majesty in Council His Majesty, in exercise of the powers conferred by section 114(1) of the Education and Inspections Act 2006 , is pleased, by and with the advice of His Privy Council, to order as follows: Citation and commencement 1 This Order may be cited as the Inspectors of Education, Children’s Services and Skills (No. 4) Order 2025 and comes into force on 13th November 2025. Appointment of His Majesty’s Inspectors of Education, Children’s Services and Skills 2 The persons named in the Schedule to this Order are appointed as His Majesty’s Inspectors of Education, Children’s Services and Skills. Richard Tilbrook Clerk of the Privy Council SCHEDULE The persons appointed as His Majesty’s Inspectors of Education, Children’s Services and Skills on 13th November 2025 Article 2 Nikki Heron Daniel Philip Owen Sally Robinson Alison Regan Perveen Akhtar Hussain Martin John Davis Matthew Benjamin Seex Stephen Graham Lowe Louise Philippa McArdle Richard David Light Jane Samantha Ayres Mark Simon Scanlon Penelope Anike Mosunmola Ademuyiwa Gemma Louise McNevin Victoria Louise Brown EXPLANATORY NOTE (This note is not part of the Order) This Order appoints the persons named in the Schedule as His Majesty’s Inspectors of Education, Children’s Services and Skills. 2006 c. 40 .
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[uk-legislation-uksi][uksi] 2025-11-13 The East Sussex County Council (Exceat Bridge Replacement – A259 Eastbourne Road) Bridge Scheme 2023 Confirmation Instrument 2025
http://www.legislation.gov.uk/uksi/2025/1178/made
http://www.legislation.gov.uk/uksi/2025/1178/made The East Sussex County Council (Exceat Bridge Replacement – A259 Eastbourne Road) Bridge Scheme 2023 Confirmation Instrument 2025 en King's Printer of Acts of Parliament 2025-11-13 HIGHWAYS, ENGLAND This Instrument confirms a Scheme to construct a single span bridge structure over the navigable waters of the Cuckmere River as a replacement for the existing Exceat Bridge carrying the A259 Eastbourne Road in the Parish of Cuckmere Valley and the Parish of Sutton with Seaford in the County of East Sussex. 2025 No. 1178 Highways, England The East Sussex County Council (Exceat Bridge Replacement – A259 Eastbourne Road) Bridge Scheme 2023 Confirmation Instrument 2025 Made 7th October 2025 Coming into force in accordance with article 1 The Secretary of State for Transport, makes this Instrument in exercise of the powers conferred by section 106(3) of the Highways Act 1980 (“ the Act ”) and now vested in the Secretary of State . In accordance with section 107(1) and (2) of the Act, the Secretary of State has taken into consideration the reasonable requirements of navigation over the waters affected and includes such plans and specifications as necessary. 1 This Instrument may be cited as the East Sussex County Council (Exceat Bridge Replacement – A259 Eastbourne Road) Bridge Scheme 2023 Confirmation Instrument 2025 and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Act. 2 The East Sussex County Council (Exceat Bridge Replacement – A259 Eastbourne Road) Bridge Scheme 2023 (“ the Scheme ”) is hereby confirmed with modifications. 3 The Scheme as confirmed including its Schedules and plans are set out in the Schedule to this Instrument and copies of the Scheme with its accompanying plans are deposited at the offices of Department for Transport, Deposited Documents Service, MHCLG, 1 Priory Square, Priory Street, Hastings, East Sussex, TN34 1EA and at the office of East Sussex County Council, County Hall, St Anne’s Crescent, Lewes, East Sussex BN7 1UE. Signed by Authority of the Secretary of State Samantha Collins-Hill A Senior Civil Servant in the Department for Transport 7th October 2025 SCHEDULE Article 3 The East Sussex County Council (“ the Council ”) makes this scheme in exercise of their powers under section 106(3) of the Highways Act 1980 and all other powers enabling them in that behalf— 1 The Council are authorised to construct over the navigable waters of the Cuckmere River the bridge specified in the Schedule to this Scheme as part of the highway they are proposing to construct as a replacement for the Exceat Bridge carrying the A259 Eastbourne Road in the Parish of Cuckmere Valley & the Parish of Sutton with Seaford in the County of East Sussex. 2 This Scheme may be cited as “The East Sussex County Council (Exceat Bridge Replacement – A259 Eastbourne Road) Bridge Scheme 2023”. CS The Common Seal of EAST SUSSEX COUNTY COUNCIL was hereunto affixed in the presence of— Attesting Officer On the 3rd day of October 2023 Plans and Specification The East Sussex County Council (Exceat Bridge Replacement – A259 Eastbourne Road) Bridge Scheme 2023 The location and general design of the Bridge are shown on plans numbered 3520000-CH2-SBR-SY2-0129-DR-CB-1001, 3520000-CH2-SBR-0129-DR-CB-1002, 3520000-CH2-SBR-SY2-0129-DR-CB-1003 and annexed hereto marked “The East Sussex County Council (Exceat Bridge Replacement – A259 Eastbourne Road) Bridge Scheme 2023” POINTS OF COMMENCEMENT AND TERMINATION Commencing from a point to the west of Cuckmere River 22 metres north of the middle of the existing A259 Eastbourne Road at the western commencement point of the existing bridge structure. The bridge will pass in one span over the 26.3 metre wide Cuckmere River. Terminating on the east side of the Cuckmere River at a point 17 metres to the north of the middle of the existing A259 Eastbourne Road at the eastern commencement point of the existing bridge structure. SPAN A one span structure of 30.3 metres. HEADWAY AND WATERWAY The Headway shall not be less than 2.27 metres above normal water level of 3.37 metres Above Ordnance Datum. This Headway shall be maintained at 100 per cent of the Cuckmere River width at normal water level. The waterway is retained at 26.3 metres. The proposed structure has a clear span of 30.3 metres to accommodate the skew in structure as it passes the river. OVERALL DIMENSIONS The Bridge will be 19.105 metres wide overall and will carry a 6.5 metre wide single carriageway bordered either side by hard surfacing of 2.275 metres in width on the south side of the bridge and 1.83 metres width on the north side. The carriageway and hard surfacing will be bounded by a 0.8 metre width wide girders on the north and south side. The northern girder will be bounded by a 1.5 metre width to accommodate a footway along the northern length of the bridge. The southern girder will be bound by a 3 metre width to accommodate a footpath/cycleway along the southern length of the bridge. In addition, a 2 metre width is included on the southern side, beyond the footway/cycleway, to accommodate a viewing platform over a 7 metre length. The bridge will be bounded by 1.2 metre high parapets on the north footpath and viewing platform and 1.5 metres high on the south footpath/cycleway. EXPLANATORY NOTE (This note is not part of the Instrument) This Instrument confirms a Scheme to construct a single span bridge structure over the navigable waters of the Cuckmere River as a replacement for the existing Exceat Bridge carrying the A259 Eastbourne Road in the Parish of Cuckmere Valley and the Parish of Sutton with Seaford in the County of East Sussex. The Schedule to the Scheme, as published by East Sussex County Council, has been amended in the following manner— 1 Under “POINTS OF COMMENCEMENT AND TERMINATION” at the end of the first paragraph the word “highway” is deleted and replace by “A259 Eastbourne Road at the western commencement point of the existing bridge structure”. 2 Under the same heading in the third paragraph, the word highway is deleted and replaced by “A259 Eastbourne Road at the eastern commencement point of the existing bridge structure”. 3 Under “HEADWAY AND WATERWAY” the wording “The waterway is retained at 26.3 metres. The proposed structure has a clear span of 30.3 metres to accommodate the skew in structure as it crosses the river” is added at the end of the paragraph. 1980 c. 66 . Section 106(3) is amended by section 1 (6) of, and paragraphs 1 and 34 (1) and (2) of Schedule 1 to, the Infrastructure Act 2015. S.I. 1981/238 .
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[uk-legislation-uksi][uksi] 2025-11-13 The Stonestreet Green Solar Order 2025
http://www.legislation.gov.uk/uksi/2025/1175/made
http://www.legislation.gov.uk/uksi/2025/1175/made The Stonestreet Green Solar Order 2025 en King's Printer of Acts of Parliament 2025-11-13 INFRASTRUCTURE PLANNING This Order authorises EPL 001 Limited to construct a new solar power generating station on land located to the north of the village of Aldington in Kent and to carry out all associated works. 2025 No. 1175 Infrastructure Planning The Stonestreet Green Solar Order 2025 Made 22nd October 2025 Coming into force 13th November 2025 An application has been made to the Secretary of State under section 37 of the Planning Act 2008 (“ the 2008 Act ”) and in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 for an order granting development consent. The application was examined by the Examining Authority appointed by the Secretary of State pursuant to Chapter 3 of Part 6 of the 2008 Act and carried out in accordance with Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 2010 . The Examining Authority, having considered the application together with the documents that accompanied it, and the representations made and not withdrawn, has, in accordance with section 83(1) of the 2008 Act made a report and recommendation to the Secretary of State. The Secretary of State has considered the report and recommendation of the Examining Authority, has taken into account the environmental information in accordance with regulation 4 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 and has had regard to the documents and matters referred to in section 104(2) of the 2008 Act (with modifications which in the opinion of the Secretary of State do not make any substantial changes to the proposals comprised in the application). The Secretary of State, in exercise of the powers conferred by sections 114 , 115 , 120 , 122 , 123 and 140 of the 2008 Act, makes the following Order. PART 1 Preliminary Citation and commencement 1 This Order may be cited as the Stonestreet Green Solar Order 2025 and comes into force on 13th November 2025. Interpretation 2 1 In this Order, unless the context requires otherwise— “ the 1961 Act ” means the Land Compensation Act 1961 ; “ the 1965 Act ” means the Compulsory Purchase Act 1965 ; “ the 1980 Act ” means the Highways Act 1980 ; “ the 1981 Act ” means the Compulsory Purchase (Vesting Declarations) Act 1981 ; “ the 1984 Act ” means the Road Traffic Regulation Act 1984 ; “ the 1989 Act ” means the Electricity Act 1989 ; “ the 1990 Act ” means the Town and Country Planning Act 1990 ; “ the 1991 Act ” means the New Roads and Street Works Act 1991 ; “ the 2008 Act ” means the Planning Act 2008 ; “ the 2015 Regulations ” means the Town and Country Planning (General Permitted Development) (England) Order 2015 ; “ address ” includes any number or address used for the purposes of electronic transmission; “ AMS ” means the archaeological management strategy identified in the table in Schedule 14 (documents and plans to be certified) and which is certified as such by the Secretary of State for the purposes of this Order in accordance with article 41 (certification of plans, etc.); “ apparatus ” has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act except that, unless otherwise provided, it further includes pipelines (and parts of them), aerial markers, cathodic protection test posts, field boundary markers, transformer rectifier kiosks, electricity cables, telecommunications equipment and electricity cabinets; “ authorised development ” means the development and associated development described in Schedule 1 (authorised development) and any other development authorised by this Order which is development within the meaning of section 32 (meaning of “ development ”) of the 2008 Act; “ BESS ” means a battery energy storage system used for the storage of electrical energy, consisting of containerised units distributed across the Order limits and, where installed, located as part of an inverter station; “ book of reference ” means the document of that name identified in the table in Schedule 14 (documents and plans to be certified) and which is certified as such by the Secretary of State for the purposes of this Order in accordance with article 41 (certification of plans, etc.); “ bridleway ” has the same meaning as in section 329 (further provision as to interpretation) of the 1980 Act; “ BSMP ” means a battery safety management plan; “ building ” includes any structure or erection or any part of a building, structure or erection; “ business day ” means a day other than Saturday or Sunday which is not Christmas Day, Good Friday or an English public holiday or bank holiday under section 1 of the Banking and Financial Dealings Act 1971 ; “ cable works ” means works to place, retain and maintain underground electrical cables; “ carriageway ” has the meaning given in section 329 (further provision as to interpretation) of the 1980 Act; “ CCTV ” means a closed circuit television security system; “ CEMP ” means a construction environmental management plan; “ commence ” means to carry out any material operation, as defined in section 155 (when development begins) of the 2008 Act, forming part of the authorised development other than site enabling works (except where stated to the contrary), and “ commencement ” and “ commenced ” must be construed accordingly; “ crown land plans ” means the document of that name identified in the table in Schedule 14 (documents and plans to be certified) and which is certified as such by the Secretary of State for the purposes of this Order in accordance with article 41 (certification of plans, etc.); “ CTMP ” means a construction traffic management plan; “ cycle track ” has the same meaning as in section 329 (further provision as to interpretation) of the 1980 Act; “ cycleway ” means a way constituting or comprised in a highway, being a way over which the public have the following, but no other, rights of way, that is to say, a right of way on pedal cycles (other than pedal cycles which are motor vehicles within the meaning of the Road Traffic Act 1988 with a right of way on foot and a right of way on horseback or leading a horse; “ DC ” means direct current; “ DC-DC converters ” means electrical infrastructure to allow communication and transmission of electricity between the inverters and the BESS; “ DEMP ” means a decommissioning environmental management plan; “ design principles ” means the document of that name identified in the table at Schedule 14 (documents and plans to be certified) and which is certified as such by the Secretary of State for the purposes of this Order in accordance with article 41 (certification of plans, etc.); “ DTMP ” means a decommissioning traffic management plan; “ electrical cables ” means— cables of differing types and voltages installed for the purposes of conducting electricity, auxiliary cables, cables connecting to DC boxes, earthing cables and optical fibre cables; and works associated with cable laying including jointing pits, hardstanding adjoining the jointing pits, combiner boxes, fibre bays, cable ducts, cable protection, joint protection, manholes, kiosks, marker posts, underground cable marker, tiles and tape, send and receive pits for horizontal directional drilling, trenching, lighting, and a pit or container to capture fluids associated with drilling; “ electronic transmission ” means a communication transmitted— by means of an electronic communications network; or by other means but while in electronic form; “ environmental statement ” means the document of that name identified in the table in Schedule 14 (documents and plans to be certified) and which is certified as such by the Secretary of State for the purposes of this Order in accordance with article 41 (certification of plans, etc.); “ EPL 001 Limited ” means EPL 001 Limited, company number 12444050, whose registered office is at 2nd Floor, Regis House, 45 King William Street, London EC4R 9AN; “ first export date ” means the date on which the authorised development first exports electricity to the national grid on a commercial basis, but excluding the generation of electricity during commissioning and testing; “ footway ” and “ footpath ” have the same meanings as in section 329 (further provision as to interpretation) of the 1980 Act; “ inverter ” means electrical equipment required to convert DC power to alternating current power; “ intermediate substations ” means substations (other than the project substation) that aggregate the output of a number of inverter stations prior to transmission to the project substation; “ inverter station ” means electrical infrastructure located within a bunded enclosure and comprising inverters, transformers and switchgear (either as separate units or containerised) and “inverter stations” shall be interpreted accordingly; “ land plans ” means the document of that name identified in the table in Schedule 14 (documents and plans to be certified) and which is certified as such by the Secretary of State for the purposes of this Order in accordance with article 41 (certification of plans, etc.); “ LEMP ” means a landscape and ecological management plan; “ local planning authority ” means the local planning authority for the borough of Ashford; “ maintain ” includes inspect, upkeep, repair, refurbish, adjust, alter, remove, reconstruct and replace in relation to the authorised development, provided such works do not give rise to any materially new or materially different environmental effects to those identified in the environmental statement; and any derivative of “maintain” must be construed accordingly; “ mounting structure ” means a frame or rack used to host the solar PV panels, and “mounting structures” shall be interpreted accordingly; “ National Grid ” means National Grid Electricity Transmission plc, company number 2366977, whose registered office is at 1-3 Strand, London, WC2N 5EH, being a licence holder within the meaning of Part 1 of the 1989 Act; “ Network Rail ” means Network Rail Infrastructure Limited (company number 02904587, whose registered office is at Waterloo General Office, London, SE1 8SW) and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes, and for the purpose of this definition “ associated company ” means any company which is (within the meaning of section 1159 of the Companies Act 2006) the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited and any successor to Network Rail Infrastructure Limited’s railway undertaking; “ OMP ” means an operational management plan; “ ONMMS ” means an operational noise mitigation and monitoring scheme; “ Order land ” means the land shown on the land plans and crown land plans which is within the limits of land to be acquired or used and described in the book of reference; “ Order limits ” means the limits shown on the land plans, crown land plans and works plans within which the authorised development may be carried out and land acquired or used; “ OSWDS ” means an operational surface water drainage strategy; “ outline BSMP ” means the outline battery safety management plan identified in the table in Schedule 14 (documents and plans to be certified) and which is certified by the Secretary of State as the for the purposes of this Order in accordance with article 41 (certification of plans, etc.); “ outline CEMP ” means the outline construction environmental management plan identified in the table in Schedule 14 (documents and plans to be certified) and which is certified by the Secretary of State as the outline CEMP for the purposes of this Order in accordance with article 41 (certification of plans, etc.); “ outline CTMP ” means the outline construction traffic management plan identified in the table in Schedule 14 (documents and plans to be certified) and which is certified by the Secretary of State as the outline CTMP for the purposes of this Order in accordance with article 41 (certification of plans, etc.); “ outline DEMP ” means the document certified by the Secretary of State as the outline decommissioning environmental management plan for the purposes of this Order in accordance with article 41 (certification of plans, etc.); “ outline DTMP ” means the outline decommissioning traffic management plan identified in the table in Schedule 14 (documents and plans to be certified) and which is certified by the Secretary of State as the outline DTMP for the purposes of this Order in accordance with article 41 (certification of plans, etc.); “ outline LEMP ” means the outline landscape and ecological management plan identified in the table in Schedule 14 (documents and plans to be certified) and which is certified by the Secretary of State as the outline LEMP for the purposes of this Order in accordance with article 41 (certification of plans, etc.); “ outline OMP ” means the outline operational management plan identified in the table in Schedule 14 (documents and plans to be certified) and which is certified by the Secretary of State as the outline OMP for the purposes of this Order in accordance with article 41 (certification of plans, etc.); “ outline OSWDS ” means the outline operational surface water drainage strategy identified in the table in Schedule 14 (documents and plans to be certified) and which is certified by the Secretary of State as the outline OSWDS for the purposes of this Order in accordance with article 41 (certification of plans, etc.); “ outline RoWAS ” means the outline rights of way and access strategy identified in the table in Schedule 14 (documents and plans to be certified) and which is certified by the Secretary of State as the outline RoWAS for the purposes of this Order in accordance with article 41 (certification of plans, etc.); “ permissive paths ” means existing access tracks providing restricted public access within the Order limits; “ phase ” means a defined section or part of the authorised development, the extent of which is shown in a scheme submitted to and approved by the local planning authority under requirement 3 (phases of authorised development) in Part 1 of Schedule 2 (requirements); “ project substation ” means the main compound containing electrical equipment required to switch, transform, convert electricity and provide reactive power compensation with welfare facilities, means of access and other associated facilities; “ requirement ” means a requirement set out in Part 1 of Schedule 2 (requirements), and a reference to a numbered requirement is a reference to the requirement set out in the paragraph of that Part of that Schedule with the same number; “ RoWAS ” means a rights of way and access strategy; “ Sellindge Substation ” means the existing substation at Sellindge, Church Lane, Aldington, Ashford TN25 6AF, owned by National Grid and operated by UK Power Networks; “ site enabling works ” means operations consisting of— pre-construction surveys and/or monitoring; site clearance and/or vegetation works; advanced planting works; archaeological investigations; environmental surveys; investigations for the purpose of assessing ground conditions; remedial work in respect of contamination or other adverse ground conditions; diversion and laying of services; erection of any temporary means of enclosure; and the temporary display of site notices and/or advertisements; “ solar PV panel ” means a solar photovoltaic panel designed to convert solar irradiance to DC electrical energy fitted to a mounting structure, and “solar PV panels” shall be interpreted accordingly; “ statutory nature conservation body ” means the appropriate nature conservation body as defined in regulation 5 of the Conservation of Habitats and Species Regulations 2017 ; “ statutory undertaker ” means any person falling within section 127(8) (statutory undertakers’ land) or section 138(4A) (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the 2008 Act and includes a public communications provider as defined in section 151(1) (interpretation of chapter 1) of the Communications Act 2003 and an operator of an electronic communications code network as defined in paragraph 1(1) of Schedule 17 (minor and consequential amendments) to that Act; “ street ” means a street within the meaning of section 48 (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes any footpath and part of a street; “ street authority ”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act ; “ street works ” means the works listed in article 10(1) (street works and temporary closure of streets and private means of access); “ streets, rights of way and access plans ” means the document of that name identified in the table in Schedule 14 (documents and plans to be certified) and which is certified as such by the Secretary of State for the purposes of this Order in accordance with article 41 (certification of plans, etc.); “ subsoil ” means any stratum of land that is below the surface of the ground; “ switchgear ” means a set of electrical disconnect switches, fuses or circuit breakers used to control, protect and isolate electrical equipment; “ traffic authority ” has the same meaning as in section 121A (traffic authorities) of the 1984 Act ; “ traffic regulations measures plans ” means the document of that name identified in the table in Schedule 14 (documents and plans to be certified) and which is certified as such by the Secretary of State for the purposes of this Order in accordance with article 41 (certification of plans, etc.); “ transformer ” means electrical infrastructure used to transform electricity to a different voltage; “ UK Power Networks ” means UK Power Networks Holdings Limited, company number 07290590, whose registered office is at Newington House, 237 Southwark Bridge Road, London, SE1 6NP and all wholly-owned subsidiary companies of UK Power Networks Holdings Limited; “ undertaker ” means EPL 001 Limited or any person who for the time being has the benefit of this Order in accordance with articles 6 (benefit of the Order) and 7 (consent to transfer benefit of the Order); “ vegetation removal plan ” means the document of that name identified in the table in Schedule 14 (documents and plans to be certified) and which is certified as such by the Secretary of State for the purposes of this Order in accordance with article 41 (certification of plans, etc.); “ watercourse ” includes all rivers, streams, creeks, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; “ work ” means a work set out in Schedule 1 (authorised development); “ works plans ” means the document of that name identified in the table in Schedule 14 (documents and plans to be certified) and which is certified as such by the Secretary of State for the purposes of this Order in accordance with article 41 (certification of plans, etc.). 2 References in this Order to rights over land include references to rights to do or to place and maintain, anything in, on or under land or in the airspace above its surface and references in this Order to the imposition of restrictions are references to restrictive covenants over land which interfere with the interests or rights of another and are for the benefit of land which is acquired, or rights over which are acquired, under this Order. 3 All distances, directions, capacities and lengths referred to in this Order are approximate distances between lines or points on a numbered work comprised in the authorised development and shown on the works plans and streets, rights of way and access plans are to be taken to be measured along that work. 4 Any reference in this Order to a work identified by the number of the work is to be construed as a reference to the work of that number authorised by this Order. 5 All areas described in square metres in the book of reference are approximate. 6 In this Order “include” or “includes” must be construed without limitation unless the contrary intention appears. 7 References in this Order to any statutory body include that body’s successor in respect of functions which are relevant to this Order. 8 This Order does not authorise the carrying out of any works which are likely to give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement. PART 2 Principal powers Development consent etc. granted by the Order 3 1 Subject to the provisions of this Order including the requirements the undertaker is granted development consent for the authorised development to be carried out within the Order limits. 2 Each numbered work must be situated within the corresponding numbered area shown on the works plans. Maintenance of authorised development 4 The undertaker may at any time maintain the authorised development, except to the extent that this Order, or an agreement made under this Order, provides otherwise. Authorisation of use 5 1 The undertaker is authorised to operate and use the authorised development for which development consent is granted by this Order. 2 Paragraph (1) does not relieve the undertaker of any duty to obtain any permit, licence or other obligation under any other legislation that may be required from time to time to authorise the operation of any part of the authorised development. Benefit of the Order 6 1 Subject to article 7 (consent to transfer benefit of the Order) the provisions of this Order have effect solely for the benefit of EPL 001 Limited, save for— a Work No. 3 in relation to which the provisions of this Order have effect for the benefit of EPL 001 Limited and UK Power Networks; and b Work No. 4 in relation to which the provisions of this Order have effect for the benefit of EPL 001 Limited, National Grid and UK Power Networks. 2 Paragraph (1) does not apply to the works for which consent is granted by this Order for the express benefit of owners and occupiers of land, statutory undertakers and other persons affected by the authorised development. Consent to transfer benefit of the Order 7 1 Subject to paragraph (3) , the undertaker may— a transfer to another person (“ the transferee ”) any or all of the benefit of the provisions of this Order and such related statutory rights as may be agreed between the undertaker and the transferee; and b grant to another person (“ the lessee ”) for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of this Order and such related statutory rights as may be so agreed between the undertaker and the lessee. 2 Where a transfer or grant has been made in accordance with paragraph (1) references in this Order to the undertaker except in paragraph (8) are to include references to the transferee or the lessee. 3 The prior written consent of the Secretary of State is required for the exercise of the powers of paragraph (1) except where— a the transferee or lessee is National Grid or UK Power Networks; b the transferee or lessee is the holder of a licence under section 6 (licences authorising supply etc.) of the 1989 Act; or c the time limits for claims for compensation in respect of the acquisition of land or effects upon land under this Order have elapsed and— i no such claims have been made; ii any such claim has been made and has been compromised or withdrawn; iii compensation has been paid in full and final settlement of any such claim; iv payment of compensation into court has taken place in lieu of settlement of any such claim; or v it has been determined by a tribunal or court of competent jurisdiction in respect of any such claim that no compensation is payable. 4 Where the consent of the Secretary of State is not required, the undertaker must notify the Secretary of State, the local planning authority and Kent County Council in writing before transferring or granting a benefit referred to in paragraph (1) . 5 The notification referred to in paragraph (4) must state— a the name and contact details of the person to whom the benefit of the powers will be transferred or granted; b subject to paragraph (6) , the date on which the transfer will take effect; c the powers to be transferred or granted; d pursuant to paragraph (8) , the restrictions, liabilities and obligations that will apply to the person exercising the powers transferred or granted; and e where relevant, a plan showing the works or areas to which the transfer or grant relates. 6 The date specified under paragraph (5)(b) must not be earlier than the expiry of 14 business days from the date of the receipt of the notification. 7 The notification given must be signed by the undertaker and the person to whom the benefit of the powers will be transferred or granted as specified in that notification. 8 Where the undertaker has transferred any benefit, or for the duration of any period during which the undertaker has transferred any benefit— a the benefit transferred or granted (“the transferred benefit”) must include any rights that are conferred, and any obligations that are imposed, by virtue of the provisions to which the benefit relates; b the transferred benefit will reside exclusively with the transferee or, as the case may be, the lessee and the transferred benefit will not be enforceable against the undertaker; and c the exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker. Disapplication, application and modification of legislative provisions 8 1 The following provisions do not apply in relation to the construction of any work or the carrying out of any operation required for the purposes of, or in connection with, the construction, operation, maintenance or decommissioning of any part of the authorised development— a the legislation listed in Schedule 3 (legislation to be disapplied) in so far as the provisions still in force are incompatible with the powers contained in this Order; and b the provisions of the Neighbourhood Planning Act 2017 insofar as they relate to the temporary possession of land under articles 30 (temporary use of land for carrying out the authorised development) and 32 (temporary use of land for maintaining the authorised development) of this Order. 2 Regulation 6 (permitted work) of the Hedgerows Regulations 1997 is modified so as to read for the purposes of this Order only as if there were inserted after paragraph (1)(j) the following— k or for the carrying out or the maintenance of development which has been authorised by the Stonestreet Green Solar Order 2025. . 3 For the purposes of section 9 (requirement of licence for felling) of the Forestry Act 1967 any felling comprised in the carrying out of any work or operation required for the purposes of, or in connection with, the construction of the authorised development is deemed to be immediately required for the purpose of carrying out development authorised by planning permission granted under the 1990 Act. 4 Section 141 (restriction on planting trees etc. in or near carriageway) of the 1980 Act does not apply to any tree or shrub planted with the agreement of the highway authority in the course of the authorised development before completion of construction. 5 Notwithstanding the provisions of section 208 (liability) of the 2008 Act, for the purposes of regulation 6 (meaning of “ development ”) of the Community Infrastructure Levy Regulations 2010 any building comprised in the authorised development is deemed to be— a a building into which people do not normally go; or b a building into which people go only intermittently for the purpose of inspecting or maintaining fixed plant or machinery. 6 Section 42 (certain future local Acts, etc., to be subject to the planning enactments, etc., except as otherwise provided) of the Local Government (Miscellaneous Provisions) Act 1976 will not apply to the extent that it would make provisions of this Order authorising the construction, operation and maintenance and decommissioning of the authorised development subject to other provisions. 7 Any enactment applying to land within, adjoining or sharing a common boundary with the Order limits has effect subject to the provisions of this Order. Defence to proceedings in respect of statutory nuisance 9 1 Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance) of the Environmental Protection Act 1990 in relation to a nuisance falling within paragraph (g) of section 79(1) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance) no order may be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows that the nuisance— a relates to premises used by the undertaker for the purposes of or in connection with the construction, maintenance, operation or decommissioning of the authorised development and that the nuisance is attributable to the carrying out or use of the authorised development in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61 (prior consent for work on construction sites), of the Control of Pollution Act 1974 ; or b is a consequence of the construction, operation, maintenance or decommissioning of the authorised development and cannot reasonably be avoided. 2 Section 61(9) (prior consent for work on construction sites) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction, operation, maintenance or decommissioning of the authorised development. 3 In this article “ premises ” has the same meaning as in section 79 (statutory nuisances and inspections therefor.) of the Environmental Protection Act 1990. PART 3 Streets Street works and temporary closure of streets and private means of access 10 1 The undertaker may, for the purposes of the authorised development, enter on so much of any of the streets specified in the table in Schedule 4 (streets subject to street works) as is within the Order limits and may— a break up or open the street, or any sewer, drain or tunnel under it; b drill, tunnel or bore under the street; c place and keep apparatus in the street; d maintain apparatus in the street, change its position or remove it; e repair, replace or otherwise alter the surface or structure of the street or any culvert under the street; and f execute any works required for or incidental to any works referred to in sub-paragraphs (a) to (e) . 2 The authority given by paragraph (1) is a statutory right or licence for the purposes of sections 48(3) (streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the 1991 Act. 3 Where the undertaker is not the street authority, the provisions of sections 54 (notice of certain works) to 106 (index of defined expressions) of the 1991 Act apply to any street works carried out under paragraph (1) . 4 The undertaker, during and for the purposes of carrying out or operating the authorised development, may temporarily close, alter or divert any street or private means of access and may for any reasonable time— a divert the traffic from the street and prevent access via the private means of access; and b subject to paragraph (6) , prevent all persons from passing along the street. 5 Without limiting the scope of paragraph (4) , the undertaker may use as a temporary working site any street or private means of access which has been temporarily closed, altered or diverted under the powers conferred by this article. 6 The undertaker must provide reasonable access for pedestrians going to or from premises abutting a street affected by the temporary closure, alteration or diversion of a street under this article if there would otherwise be no such access. 7 The undertaker must restore any street that has been temporarily closed or altered pursuant to this article to the reasonable satisfaction of the street authority. Power to alter layout, etc., of streets 11 1 The undertaker may for the purposes of the authorised development enter onto and permanently alter the layout of or carry out any works in the streets specified in column 2 of the table in Schedule 5 (alteration of streets) in the manner specified in relation to that street in column 3. 2 Without prejudice to the specific powers conferred by paragraph (1) , but subject to paragraphs (3) and (4) , the undertaker may, for the purposes of constructing, operating, maintaining or decommissioning the authorised development, enter onto and alter the layout of or carry out any works on any street whether or not within the Order limits and, without limitation on the scope of this paragraph, the undertaker may— a alter the level or increase the width of any kerb, street, footpath, footway, cycleway, cycle track, verge or central reservation; b make and maintain passing places; c increase the width of the carriageway of the street by reducing the width of any kerb, footpath, footway, cycleway, cycle track verge or central reservation within the street; d reduce the width of the carriageway of the street; e execute any works to widen or alter the alignment of pavements; f execute any works of surfacing or resurfacing of the street; and g execute any works necessary to alter existing facilities for the management and protection of pedestrians. 3 The undertaker must restore any street that has been temporarily altered pursuant to paragraph (2) to the reasonable satisfaction of the street authority. 4 The powers conferred by paragraph (2) may not be exercised without the consent of the street authority. 5 Paragraphs (3) and (4) do not apply where the undertaker is the street authority for a street in which the works are being carried out. Construction and maintenance of altered streets 12 1 Any alterations to the streets specified in Schedule 5 (alteration of streets) to this Order must be completed to the reasonable satisfaction of the street authority and, unless otherwise agreed by the street authority, must be maintained by the undertaker for a period of 12 months from their completion and from the expiry of that period by and at the expense of the street authority. 2 Those restoration works carried out pursuant to article 10(7) (street works and temporary closure of streets and private means of access) or 11(3) (power to alter layout, etc., of streets) must be completed to the reasonable satisfaction of the street authority and must be maintained by the undertaker for a period of 12 months from their completion and from the expiry of that period by and at the expense of the street authority. 3 In any action against the undertaker in respect of loss or damage resulting from any failure by it to maintain a street under this article, it is a defence (without prejudice to any other defence or the application of the law relating to contributory negligence) to prove that the undertaker had taken such care as in all the circumstances was reasonably required to secure that the part of the street to which the action relates was not dangerous to traffic. 4 For the purposes of a defence under paragraph (3) , a court must in particular have regard to the following matters— a the character of the street including the traffic which was reasonably to be expected to use it; b the standard of maintenance appropriate for a street of that character and used by such traffic; c the state of repair in which a reasonable person would have expected to find the street; d whether the undertaker knew, or could reasonably have been expected to know, that the condition of the part of the street to which the action relates was likely to cause danger to users of the street; and e where the undertaker could not reasonably have been expected to repair that part of the street before the cause of action arose, what warning notices of its condition had been displayed, but for the purposes of such a defence it is not relevant that the undertaker had arranged for a competent person to carry out or supervise the maintenance of that part of the street to which the action relates unless it is also proved that the undertaker had given that person proper instructions with regard to the maintenance of the street and that those instructions had been carried out. 5 Paragraphs (1) to (4) do not apply where the undertaker is the street authority for a street in which the works are being carried out. Use of private roads 13 1 The undertaker may use any private road within the Order limits for the passage of persons or vehicles (with or without materials, plant and machinery) for the purposes of, or in connection with, the construction, operation, maintenance or decommissioning of the authorised development. 2 The undertaker must compensate the person liable for the repair of a road to which paragraph (1) applies for any loss or damage which that person may suffer by reason of the exercise of the power conferred by paragraph (1) . 3 Any dispute as to a person’s entitlement to compensation under paragraph (2) , or as to the amount of such compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act. Access to works 14 1 The undertaker may, for the purposes of the authorised development— a form and lay out the permanent means of access, or improve existing means of access, in the locations specified in the table in Schedule 6 (access to works); and b with the approval of the local planning authority after consultation with the highway authority, form and lay out such other means of access or improve existing means of access, at such locations within the Order limits as the undertaker reasonably requires for the purposes of the authorised development. 2 If the local planning authority receives an application for approval under paragraph 14(1)(b) and fails to notify the undertaker of its decision within 56 days of receiving the application, that authority will be deemed to have granted approval. Agreements with street authorities 15 1 A street authority and the undertaker may enter into agreements with respect to— a the construction, strengthening, improvement, repair or reconstruction of any street including any structure carrying the street over or under the authorised development under the powers conferred by this Order; b the maintenance of the structure of any bridge or tunnel carrying a street over or under the authorised development; c any stopping up, prohibition, restriction, alteration or diversion of a street authorised by this Order; d the undertaking in the street of any of the works referred to in article 10 (street works and temporary closure of streets and private means of access), article 11 (power to alter layout, etc., of streets) and article 12 (construction and maintenance of altered streets); e the adoption by a street authority which is the highway authority of works— i undertaken on a street which is existing public maintainable highway; or ii which the undertaker and highway authority agree to be adopted as public maintainable highway; and f such works as the parties may agree. 2 If such agreement provides that the street authority must undertake works on behalf of the undertaker the agreement may, without prejudice to the generality of paragraph (1) — a make provision for the street authority to carry out any function under this Order which relates to the street in question; b specify a reasonable time for the completion of the works; and c contain such terms as to payment and otherwise as the parties consider appropriate. Traffic regulation measures 16 1 Subject to the provisions of this article the undertaker may at any time for the purposes of, or in connection with, the construction or decommissioning of the authorised development, temporarily place traffic signs and signals in the extents of the roads specified in column 2 of the table in Schedule 7 (traffic regulation measures) and the placing of those traffic signs and signals is deemed to have been permitted by the traffic authority for the purposes of section 65 (powers and duties of authorities as to placing of traffic signs) of the 1984 Act and the Traffic Signs Regulations and General Directions 2016 . 2 Subject to the provisions of this article and without limitation to the exercise of the powers conferred by paragraph (1) , the undertaker may make temporary provision for the purposes of the construction or decommissioning of the authorised development— a as to the speed at which vehicles may proceed along any road; b permitting, prohibiting or restricting the stopping, waiting, loading or unloading of vehicles on any road; c as to the prescribed routes for vehicular traffic or the direction or priority of vehicular traffic on any road; d permitting, prohibiting or restricting the use by vehicular traffic or non-vehicular traffic of any road; and e suspending or amending in whole or in part any order made, or having effect as if made, under the 1984 Act. 3 No speed limit imposed by or under this Order applies to vehicles falling within regulation 3(4) of the Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011 when in accordance with regulation 3(5) of those regulations. 4 Before exercising the power conferred by paragraph (2) the undertaker must— a consult with the chief officer of police in whose area the road is situated; and b obtain the written consent of the traffic authority such consent not to be unreasonably withheld. 5 The undertaker must not exercise the powers in paragraphs (1) or (2) unless it has— a given not less than 4 weeks’ notice in writing of its intention so to do to the chief officer of police and to the traffic authority in whose area the road is situated; and b not less than 7 days before the provision is to take effect published the undertaker’s intention to make the provision in one or more newspaper circulating in the area in which any road to which the provision relates is situated. 6 Any provision made under the powers conferred by paragraphs (1) or (2) of this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred by paragraph (1) or (2) . 7 Any provision made by the undertaker under paragraphs (1) or (2) — a must be made by written instrument in such form as the undertaker considers appropriate; b has effect as if duly made by the traffic authority in whose area the road is situated as a traffic regulation order under the 1984 Act and the instrument by which it is effected may specify specific savings and exemptions to which the provision is subject; and c is deemed to be a traffic order for the purposes of Schedule 7 to the Traffic Management Act 2004 (road traffic contraventions subject to civil enforcement). PART 4 Public rights of way Public rights of way – stopping up and vehicular use on public rights of way 17 1 Subject to the provisions of this article, the undertaker may, in connection with the carrying out of the authorised development— a permanently stop up each of the public rights of way specified in columns 1 and 2 of Part 1 (public rights of way to be permanently stopped up for which a substitute is to be provided) of Schedule 8 (public rights of way) to the extent specified in column 3 of that Part of that Schedule; b provide the substitute public rights of way described in column 4 of Part 1 (public rights of way to be permanently stopped up for which a substitute is to be provided) of Schedule 8 (public rights of way) between the specified terminus points and to the standard specified in the RoWAS for the relevant phase of the authorised development; c temporarily close during the construction, operation and decommissioning of the authorised development each of the public rights of way specified in columns 1 and 2 of Part 2 (public rights of way to be temporarily closed for which a substitute is to be provided) of Schedule 8 (public rights of way) to the extent specified in column 3 of that Part of that Schedule; d provide the substitute public rights of way described in column 4 of Part 2 (public rights of way to be temporarily closed for which a substitute is to be provided) of Schedule 8 (public rights of way) between the specified terminus points and to the standard specified in the RoWAS for the relevant phase of the authorised development for the period during which the relevant public right of way has been temporarily closed pursuant to paragraph 17(1)(c) ; e temporarily close during the construction, operation and decommissioning of the authorised development public rights of way to the extent agreed with the relevant highway authority and provide substitute temporary public rights of way (for the period during which the relevant public right of way has been temporarily closed) between terminus points and on an alignment to be agreed with the relevant highway authority (in both respects agreement not to be unreasonably withheld or delayed); f stop up each of the public rights of way specified in columns 1 and 2 of Part 3 (public rights of way to be permanently stopped up for which no substitute is to be provided) of Schedule 8 (public rights of way) to the extent specified in column 3 of that Part of that Schedule; and g for any reasonable time, authorise the use of motor vehicles on classes of public rights of way where there is otherwise no public right to use motor vehicles. 2 No public right of way may be stopped up or closed pursuant to paragraph (1)(a) or 17(1)(c) unless the respective substitute public right of way has first been provided pursuant to paragraph (1)(b) or 17(1)(d) to the reasonable satisfaction of the relevant highway authority. 3 No public right of way may be closed pursuant to paragraph 17(1)(e) unless the substitute temporary public right of way agreed with the relevant highway authority has been provided to the reasonable satisfaction of the relevant highway authority. 4 In respect of any permanent or temporary diversion route provided under paragraph (2) or any temporary diversion route agreed by the relevant highway authority under paragraph (3) , the undertaker must provide appropriate clear signage of the permanently diverted or temporarily diverted route. 5 Where a public right of way has been stopped up under this article— a all rights of way over or along the public right of way are extinguished; and b the undertaker may appropriate and use for the purposes of the authorised development so much of the site of the public right of way as is bounded on both sides by land owned by the undertaker. 6 Any person who suffers loss by the suspension or extinguishment of any private rights of way under this article will be entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act. Status of public rights of way created or improved 18 With effect from the date on which the highway authority has confirmed that the public rights of way specified in column 1 of Schedule 9 (status of public rights of way created or improved) have been created or improved to the standard specified in the RoWAS for the relevant phase of the authorised development, the public rights of way in question will be deemed to have the status specified in column 2 of that Schedule. PART 5 Supplemental powers Discharge of water 19 1 Subject to paragraphs (3) and (4) the undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction, operation, maintenance or decommissioning of the authorised development and for that purpose may lay down, take up and alter pipes and may on any land within the Order limits, make openings into, and connections with, the watercourse, public sewer or drain. 2 Any dispute arising from the making of connections to or the use of a public sewer or drain by the undertaker under paragraph (1) is to be determined as if it were a dispute under section 106 (right to communicate with public sewers) of the Water Industry Act 1991 . 3 The undertaker must not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs or the person or body otherwise having authority to give such consent; and such consent may be given subject to such terms and conditions as that person may reasonably impose. 4 The undertaker must not carry out any works to or make any opening into any public sewer or drain except— a in accordance with plans approved by the person to whom the sewer or drain belongs; and b where that person has been given the opportunity to supervise the making of the opening. 5 The undertaker must not, in carrying out or maintaining works pursuant to this article, damage or interfere with the bed or banks of any watercourse forming part of a main river other than in accordance with a permit granted by the Environment Agency. 6 The undertaker must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension. 7 This article does not authorise a groundwater activity or a water discharge activity within the meaning of the Environmental Permitting (England and Wales) Regulations 2016 . 8 In this article— a “ public sewer or drain ” means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency, an internal drainage board or a local authority; and b other expressions, excluding watercourse, used both in this article and in the Environmental Permitting (England and Wales) Regulations 2016 have the same meaning as in those Regulations. Authority to survey and investigate the land 20 1 The undertaker may for the purposes of this Order enter on any land shown within the Order limits or which may be affected by the authorised development and— a survey or investigate the land; b without prejudice to the generality of sub-paragraph (a) , make trial holes in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer and subsoil and remove soil samples; c without prejudice to the generality of sub-paragraph (a) , carry out ecological or archaeological investigations on such land; and d place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes. 2 No land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless at least 14 days’ notice has been served on every owner and occupier of the land. 3 Any person entering land under this article on behalf of the undertaker— a must, if so required entering the land, produce written evidence of their authority to do so; and b may take with them such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes. 4 No trial holes may be made under this article— a in land located within the highway boundary without the consent of the highway authority; or b in a private street without the consent of the street authority. 5 The undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the authority conferred by this article, such compensation to be determined, in case of dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act. 6 If either a highway authority or a street authority which receives an application for consent fails to notify the undertaker of its decision within 28 days of receiving the application for consent— a under paragraph (4)(a) in the case of a highway authority; or b under paragraph (4)(b) in the case of a street authority, that authority is deemed to have granted consent. PART 6 Powers of acquisition and possession of land Compulsory acquisition of land 21 1 The undertaker may— a acquire compulsorily so much of the Order land as is required for the authorised development or to facilitate it or as is incidental to it; and b use any land so acquired for the purposes authorised by this Order or for any other purposes in connection with or ancillary to the authorised development. 2 This article is subject to article 24 (time limit for exercise of authority to acquire land compulsorily), article 25 (compulsory acquisition of rights and imposition of restrictive covenants), article 28 (acquisition of subsoil and airspace only), article 30 (temporary use of land for carrying out the authorised development), article 40 (crown rights) and Schedule 13 (protective provisions). Compulsory acquisition of land – incorporation of the mineral code 22 Parts 2 and 3 of Schedule 2 (Minerals) to the Acquisition of Land Act 1981 are incorporated in this Order subject to the modifications that— a paragraph 8(3) is not incorporated; b for “the acquiring authority” substitute “the undertaker” ; and c for “undertaking” substitute “authorised development” . Statutory authority to override easements and other rights 23 1 The carrying out or use of development authorised by this Order and the doing of anything else authorised by this Order is authorised, including for the purpose specified in section 158(2) (nuisance: statutory authority) of the 2008 Act, notwithstanding that it involves— a an interference with an interest or right to which this article applies; or b a breach of a restriction as to the user of land arising by virtue of contract. 2 The undertaker will pay compensation to any person whose land is injuriously affected by— a an interference with an interest or right to which this article applies; or b a breach of a restriction as to user of land arising by virtue of contract, authorised by virtue of this Order and the operation of section 158 (nuisance: statutory authority) of the 2008 Act. 3 The interests and rights to which this article applies are any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support and includes restrictions as to the user of land arising by the virtue of a contract. 4 Section 10(2) (further provision as to compensation for injurious affection) of the 1965 Act applies to paragraph (2) by virtue of section 152(5) (compensation in case where no right to claim in nuisance) of the 2008 Act. 5 Any rule or principle applied to the construction of section 10 (further provision as to compensation for injurious affection) of the 1965 Act applies to the construction of paragraph (2) (with any necessary modifications). Time limit for exercise of authority to acquire land compulsorily 24 After the end of the period of five years beginning on the day on which this Order is made— a no notice to treat may be served under Part 1 (Compulsory Purchase under Acquisition of Land Act of 1946) of the 1965 Act; and b no declaration may be executed under section 4 (execution of declaration) of the 1981 Act as applied by article 27 (application of the 1981 Act), in relation to any part of the Order land. Compulsory acquisition of rights and imposition of restrictive covenants 25 1 Subject to 25(2) , the undertaker may acquire compulsorily such rights over the Order land or impose restrictive covenants over the Order land as may be required for any purpose for which that land may be acquired under article 21 (compulsory acquisition of land), by creating them as well as by acquiring rights already in existence. 2 In the case of the Order land specified in column 1 of Schedule 10 (land in respect of which only rights etc may be acquired), the undertaker’s powers of compulsory acquisition are limited to the acquisition of such new rights and the imposition of such restrictive covenants as may be required for the purpose specified in relation to that land in column 2 of that Schedule. 3 Subject to section 8 (other provisions as to divided land) of the 1965 Act, where the undertaker creates or acquires an existing right over land or the benefit of a restrictive covenant under paragraph (1) , the undertaker will not be required to acquire a greater interest in that land. 4 Schedule 11 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants) has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of a restrictive covenant. 5 In any case where the acquisition of rights or imposition of a restrictive covenant under paragraph (1) is required for the purposes of diverting, replacing or protecting the apparatus of a statutory undertaker, the undertaker may, with the consent of the Secretary of State, transfer the power to acquire such rights or impose restrictive covenants to the statutory undertaker in question. 6 The exercise by a statutory undertaker of any power in accordance with a transfer under paragraph (5) is subject to the same restrictions, liabilities and obligations as would apply under this Order if that power were exercised by the undertaker. 7 This article is subject to article 40 (crown rights). Private rights 26 1 Subject to the provisions of this article, all private rights or restrictive covenants over land subject to compulsory acquisition under article 21 (compulsory acquisition of land) will be extinguished— a as from the date of acquisition of the land, or of the right, or of the benefit of the restrictive covenant by the undertaker, whether compulsorily or by agreement; or b on the date of entry on the land by the undertaker under section 11(1) (powers of entry) of the 1965 Act, whichever is the earlier. 2 Subject to the provisions of this article, all private rights or restrictive covenants over land subject to the compulsory acquisition of rights or the imposition of restrictive covenants under this Order cease to have effect in so far as their continuance would be inconsistent with the exercise of the right or compliance with the restrictive covenant— a as from the date of the acquisition of the right or imposition of the restrictive covenant by the undertaker (whether the right is acquired compulsorily, by agreement or through the grant of a lease of the land by agreement); or b on the date of entry on the land by the undertaker under section 11(1) (powers of entry) of the 1965 Act in pursuance of the right, whichever is the earliest. 3 Subject to the provisions of this article, all private rights or restrictive covenants over land of which the undertaker takes temporary possession under this Order will be suspended and unenforceable in so far as their continuance would be inconsistent with the purpose for which temporary possession is taken, for as long as the undertaker remains in lawful possession of the land. 4 Any person who suffers loss by the extinguishment or suspension of any private right or restrictive covenant under this article is entitled to compensation in accordance with the terms of section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act. 5 This article does not apply in relation to any right to which section 138 (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the 2008 Act or where article 33 (statutory undertakers) applies. 6 Paragraphs (1) to (3) have effect subject to— a any notice given by the undertaker before— i the completion of the acquisition of the land or the acquisition of rights or the imposition of restrictive covenants over or affecting the land; ii the undertaker’s appropriation of the land; iii the undertaker’s entry onto the land; or iv the undertaker’s taking temporary possession of the land, that any or all of those paragraphs do not apply to any right of way specified in the notice; or b any agreement made at any time between the undertaker and the person in or to whom the right of way in question is vested or belongs. 7 Where an agreement referred to in paragraph (6)(b) — a is made with a person in or to whom the right is vested or belongs; and b is expressed to have effect also for the benefit of those deriving title from or under that person, the agreement is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement. 8 References in this article to private rights over land include any right of way, trust, incident, restrictive covenant, easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support; and include restrictions as to the user of land arising by virtue of a contract, agreement or undertaking having that effect. Application of the 1981 Act 27 1 The 1981 Act applies as if this Order were a compulsory purchase order. 2 The 1981 Act, as applied by paragraph (1) , has effect with the following modifications. 3 In section 1 (application of act) for subsection (2) substitute— 2 This section applies to any Minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order. . 4 In section 5 (earliest date for execution of declaration), in subsection (2), omit the words from “, and this subsection” to the end. 5 Omit section 5A (time limit for general vesting declaration) . 6 In section 5B(1) (extension of time limit during challenge) — a for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order)” substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008” ; and b for “the applicable period for the purposes of section 5A” substitute “the five year period mentioned in article 24 (time limit for exercise of authority to acquire land compulsorily) of the Stonestreet Green Solar Order 2025” . 7 In section 6 (notices after execution of declaration) for subsection (1)(b) substitute— 1 (b) on every other person who has given information to the acquiring authority with respect to any of that land further to the invitation published and served under section 134 (notice of authorisation of compulsory acquisition) of the Planning Act 2008. . 8 In section 7 (constructive notice to treat) , in subsection (1)(a), omit “(as modified by section 4 of the Acquisition of Land Act 1981)”. 9 In Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) , omit paragraph 1(2). 10 References to the 1965 Act in the 1981 Act are to be construed as references to the 1965 Act as applied by section 125 of the 2008 Act (application of compulsory acquisition provisions) to the compulsory acquisition of land under this Order. Acquisition of subsoil and airspace only 28 1 The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of and the airspace over the land referred to in paragraph 21(1) of article 21 (compulsory acquisition of land) or article 25 (compulsory acquisition of rights and imposition of restrictive covenants) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land. 2 Where the undertaker acquires any part of, or rights in, the subsoil of, or the airspace over, any land under paragraph (1) , the undertaker is not required to acquire an interest in any other part of the land. 3 The following do not apply in connection with the exercise of the power under paragraph (1) in relation to subsoil or airspace only— a Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act; b Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and c Section 153(4A) (blighted land: proposed acquisition of part interest; material detriment test) of the 1990 Act. 4 Paragraphs (2) and (3) do not apply where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory or airspace above a house, building or manufactory. Modification of Part 1 of the 1965 Act 29 1 Part 1 of the 1965 Act (compulsory purchase under acquisition of land act of 1946), as applied to this Order by section 125 (application of compulsory acquisition provisions) of the 2008 Act, is modified as follows— a in section 4 (time limit for giving notice to treat) for “after the end of the applicable period beginning with the day on which the compulsory purchase order becomes operative” substitute “after the end of the period stated in article 24 (time limit for exercise of authority to acquire land compulsorily) of the Stonestreet Green Solar Order 2025” . b in section 4A(1) (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the applicable period for the purposes of section 4” substitute “section 118 of the Planning Act 2008 (legal challenges relating to applications for orders granting development consent), the five year period mentioned in article 24 (time limit for exercise of authority to acquire land compulsorily) of the Stonestreet Green Solar Order 2025” 2 In section 11A (powers of entry: further notice of entry) — a in subsection (1)(a), after “land” insert” “under that provision” ; and b in subsection (2), after “land” insert” “under that provision” . 3 In section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase), for “section 4 of this Act” substitute “article 24 (time limit for exercise of authority to acquire land compulsorily) of the Stonestreet Green Solar Order 2025” . 4 In Schedule 2A (counter-notice requiring purchase of land not in notice to treat)— a for paragraphs 1(2) and 14(2) substitute— 2 But see article 28(3) (acquisition of subsoil and airspace only) of the Stonestreet Green Solar Order 2025, which excludes the acquisition of subsoil and airspace only from this Schedule ; and b after paragraph 29, insert— PART 4 Interpretation 30 In this Schedule, references to entering on and taking possession of land do not include doing so under articles 20 (authority to survey and investigate the land), 30 (temporary use of land for carrying out the authorised development), 32 (temporary use of land for maintaining the authorised development), or 38 (use of subsoil and airspace within the Order limits) of the Stonestreet Green Solar Order 2025. Temporary use of land for carrying out the authorised development 30 1 The undertaker may, in connection with the construction of the authorised development— a enter on and take temporary possession of any land within the Order land in respect of which no notice of entry has been served under section 11 (powers of entry) of the 1965 Act and no declaration has been made under section 4 (execution of declaration) of the 1981 Act ); b remove any electric line, electrical plant, structures, apparatus, fences, debris, buildings and vegetation from that land; c construct temporary works, haul roads, security fencing, bridges, structures and buildings comprised within the authorised development on that land; d use the land for the purposes of a temporary working site with access to the working site in connection with the authorised development; e construct any works on that land as are set out in Schedule 1 (authorised development); and f carry out mitigation works required under the requirements. 2 Not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land. 3 The undertaker may not remain in possession of any land under this article for longer than reasonably necessary and in any event must not, without the agreement of the owners of the land, remain in possession under this article after the end of the period of one year beginning with the date of completion of the part of the authorised development which temporary possession of the land was taken unless the undertaker has, by the end of that period, served a notice of entry under section 11 (powers of entry) of the 1965 Act or made a declaration under section 4 (execution of declaration) of the 1981 Act in relation to that land. 4 Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must either acquire the land or, unless otherwise agreed with the owners of the land, remove all works and restore the land to the reasonable satisfaction of the owners of the land, except that the undertaker is not required to— a replace any electric line, electrical plant, structure, apparatus, fence, debris, building or vegetation removed under this article; b remove any drainage works installed by the undertaker under this article; c remove any new road surface or other improvements carried out under this article to any street specified in Schedule 4 (streets subject to street works); d restore the land to a condition better than the relevant land was in before temporary possession; e remove any ground strengthening works which have been placed on the land to facilitate construction, operation, maintenance or decommissioning of the authorised development; f remove any measures installed over or around statutory undertakers’ apparatus to protect that apparatus from the authorised development; or g remove or reposition any apparatus belonging to statutory undertakers or necessary mitigation works. 5 The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of any power conferred by this article and, for the avoidance of doubt, this will include compensation in respect of any loss or damage further to any ground strengthening works within paragraph (4)(e) carried out by the undertaker in or on that land. 6 Any dispute as to a person’s entitlement to compensation under paragraph (5) , or as to the amount of the compensation, will be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act. 7 Any dispute as to the satisfactory removal of works and restoration of land under paragraph (4) does not prevent the undertaker giving up possession of the land. 8 Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the carrying out of the authorised development, other than loss or damage for which compensation is payable under paragraph (5) . 9 Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it. 10 Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act. 11 Nothing in this article prevents the taking of temporary possession more than once in relation to any land specified in paragraph (1) . Time limit for exercise of authority to temporarily use land for carrying out the authorised development 31 1 Subject to paragraph (2) , the authority to enter onto land pursuant to article 30 (temporary use of land for carrying out the authorised development) ceases to apply to any land after the period of five years beginning on the day on which the Order is made. 2 Paragraph (1) will not prevent the undertaker remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period. Temporary use of land for maintaining the authorised development 32 1 Subject to paragraph (2) , at any time during the maintenance period (as defined in paragraph (12)) relating to any part of the authorised development, the undertaker may— a enter on and take temporary possession of any land within the Order land if such possession is reasonably required for the purpose of maintaining the authorised development; b enter on any land within the Order land for the purpose of gaining such access as is reasonably required for the purpose of maintaining the authorised development; and c construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose. 2 Paragraph (1) does not authorise the undertaker to take temporary possession of— a any house or garden belonging to a house; or b any building (other than a house) if it is for the time being occupied. 3 Not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land. 4 The undertaker is not required to serve notice under paragraph (2) where the undertaker has identified a potential risk to the safety of— a the authorised development or any of its parts; b the public; or c the surrounding environment, and in such circumstances, the undertaker may enter the land under paragraph (1) subject to giving such period of notice as is reasonably practicable in the circumstances. 5 The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised development for which possession of the land was taken. 6 Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land. 7 The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article. 8 Any dispute as to a person’s entitlement to compensation under paragraph (7) , or as to the amount of the compensation, will be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act. 9 Nothing in this article affects any liability to pay compensation under section 10(2) (further provisions as to compensation for injurious affection) of the 1965 Act or under any other enactment in respect of loss or damage arising from the maintenance of the authorised development, other than loss or damage for which compensation is payable under paragraph (7) . 10 Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it. 11 Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act. 12 In this article the “ maintenance period ” means the period of five years beginning with the first export date of the part of the authorised development for which temporary possession is required under this article except in relation to landscaping works where “ the maintenance period ” means such period as set out in the LEMP which is approved by the local planning authority pursuant to requirement 8 beginning with the date on which that part of the landscaping works are completed. Statutory undertakers 33 Subject to the provisions of Schedule 13 (protective provisions), the undertaker may— a acquire compulsorily the land belonging to statutory undertakers within the Order land and described in the book of reference; b acquire compulsorily existing rights, create and acquire new rights and impose restrictive covenants over the land belonging to statutory undertakers within the Order land and described in the book of reference; c extinguish or suspend the rights of, remove, alter, renew, relocate or reposition the apparatus belonging to statutory undertakers over or within the Order land; and d construct the authorised development in such a way as to interfere with any highway or cross underneath or over apparatus belonging to statutory undertakers and other like bodies within the Order land. Acquisition of wayleaves, easements and other rights 34 Schedule 12 (acquisition of wayleaves, easements and other rights) has effect. Recovery of costs of new connections 35 1 Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 33 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given. 2 Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 33 (statutory undertakers), any person who is— a the owner or occupier of premises the drains of which communicated with that sewer; or b the owner of a private sewer which communicated with that sewer, is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewage disposal plant. 3 This article does not have effect in relation to apparatus to which Part 3 (street works in England and Wales) of the 1991 Act applies. 4 In this article— “ public communications provider ” has the meaning given in section 151(1) (interpretation of Chapter 1) of the Communications Act 2003; and “ public utility undertaker ” means a gas, water, electricity of sewerage undertaker. No double recovery 36 Compensation will not be payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law. Protective provisions 37 Schedule 13 (protective provisions) has effect. Use of subsoil and airspace within the Order limits 38 1 The undertaker may enter on, appropriate and use so much of the subsoil of or airspace over any land (including without limitation any street) within the Order limits as may be required for the authorised development and may use the subsoil or airspace for those purposes or any other purposes ancillary to the authorised development. 2 The undertaker may exercise any power conferred by paragraph (1) in relation to land without being required to acquire any part of the land or any easement or right in the land. 3 Paragraph (1) does not apply in relation to— a any subway or underground building; or b any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street. 4 Subject to paragraph (5) , any person who is an owner or occupier of land appropriated under paragraph (1) without the undertaker acquiring any part of that person’s interest in the land, and who suffers loss as a result, is entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act. 5 Compensation is not payable under paragraph (3) to any person who is an undertaker to whom section 85 (sharing cost of necessary measures) of the 1991 Act applies in respect of measures of which the allowable costs are to be borne in accordance with that section. PART 7 Miscellaneous and general Operational land for the purposes of the 1990 Act 39 Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3)(a) (cases in which land is to be treated as not being operational land) of the 1990 Act. Crown rights 40 1 Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular, nothing in this Order authorises the undertaker or any lessee or licensee to take, use, enter upon or in any manner interfere with any land or rights of any description— a belonging to His Majesty in right of the Crown and forming part of The Crown Estate without the consent in writing of the Crown Estate Commissioners; b belonging to His Majesty in right of the Crown and not forming part of The Crown Estate without the consent in writing of the government department having the management of that land; or c belonging to a government department or held in trust for His Majesty for the purposes of a government department without the consent in writing of that government department. 2 Paragraph (1) does not apply to the exercise of any right under this Order for the compulsory acquisition of an interest in any Crown land (as defined in section 227 of the 2008 Act) which is for the time being held otherwise than by or on behalf of the Crown. 3 A consent under paragraph (1) may be given unconditionally or subject to terms and conditions and is deemed to have been given in writing where it is sent electronically. Certification of plans, etc. 41 1 The undertaker must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of all documents and plans listed in the table in Schedule 14 (documents and plans to be certified) for certification that they are true copies of the documents referred to in this Order. 2 A plan or document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy. Service of notices 42 1 A notice or other document required or authorised to be served for the purposes of this Order may be served— a by post; b by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or c with the consent of the recipient and subject to paragraphs (5) to (8) by electronic transmission. 2 Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body. 3 For the purposes of section 7 (references to service by post) of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise— a in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and b in any other case, the last known address of that person at the time of service. 4 Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having an interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by— a addressing it to that person by name or by the description of “owner”, or as the case may be “occupier”, of the land; and b either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land. 5 Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is to be taken to be fulfilled only where— a the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission; b the notice or document is capable of being accessed by the recipient; c the notice or document is legible in all material respects; and d the notice or document is in a form sufficiently permanent to be used for subsequent reference. 6 Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or part of that notice or other document the sender must provide such a copy as soon as reasonably practicable. 7 Any consent to the use of electronic transmission given by a person may be revoked by that person in accordance with paragraph (8) . 8 Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order— a that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and b such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than seven days after the date on which the notice is given. 9 This article does not exclude the employment of any method of service not expressly provided for by it. 10 In this article “ legible in all material respects ” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form. Felling or lopping of trees or removal of hedgerows 43 1 Subject to paragraphs (2) and (6) , the undertaker may fell or lop any tree or shrub near any part of the authorised development, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub— a from obstructing or interfering with the construction, maintenance operation or decommissioning of the authorised development or any apparatus used in connection with the authorised development; or b from constituting a danger to persons using the authorised development. 2 In carrying out any activity authorised by paragraph (1) , the undertaker must do no unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity. 3 Any dispute as to a person’s entitlement to compensation under paragraph (2) , or as to the amount of compensation, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act. 4 The undertaker may for the purposes of the authorised development— a remove those parts of the important hedgerows within the Order limits and specified in Part 1 (removal of important hedgerows) of Schedule 15 (hedgerows); and b remove those parts of the hedgerows as are within the Order limits and specified in Part 2 (removal of hedgerows) of Schedule 15 (hedgerows). 5 In this article “ hedgerow ” and “ important hedgerow ” have the same meaning as in the Hedgerow Regulations 1997 . 6 The undertaker may fell or lop any tree that is subject to a tree preservation order within or overhanging land within the Order limits or cut back its roots if it reasonably believes it to be necessary to do so in order to prevent the tree from obstructing or interfering with the construction, maintenance, operation or decommissioning of the authorised development or any apparatus used in connection with the authorised development. 7 In carrying out any activity authorised by paragraph (6) — a the undertaker must do no unnecessary damage to any tree and must pay compensation to any person for any loss or damage arising from such activity; and b the duty contained in section 206(1) (replacement of trees) of the 1990 Act does not apply. 8 The authority given by paragraph (6) constitutes a deemed consent under the relevant tree preservation order. 9 Any dispute as to a person’s entitlement to compensation under paragraph (7) , or as to the amount of compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act. Arbitration 44 1 Any difference under any provision of this Order, unless otherwise provided for, shall be referred to and settled in arbitration in accordance with the rules at Schedule 16 (arbitration rules) of this Order, by a single arbitrator to be agreed upon by the parties, within 14 days of receipt of the notice of arbitration, or if the parties fail to agree within the time period stipulated, to be appointed on application of either party (after giving written notice to the other) by the Secretary of State. 2 Any matter for which the consent or approval of the Secretary of State is required under any provision of this Order shall not be subject to arbitration. Requirements, appeals, etc. 45 1 Where an application is made to, or a request is made of, the local planning authority or any other relevant person for any consent, agreement or approval required or contemplated by any of the provisions of the Order (not including the requirements), such agreement or approval must, if given, be given in writing and must not be unreasonably withheld or delayed. 2 Part 2 (procedure for discharge of requirements) of Schedule 2 (requirements) has effect in relation to all agreements or approvals granted, refused or withheld in relation to requirements in Part 1 of that Schedule. Application of landlord and tenant law 46 1 This article applies to— a any agreement for leasing to any person the whole or any part of the authorised development or the right to operate the same; and b any agreement entered into by the undertaker with any person for the construction, operation, maintenance or decommissioning of the authorised development, or any part of it, so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use. 2 No enactment or rule of law regulating the rights and obligations of landlords and tenants may prejudice the operation of any agreement to which this article applies. 3 Accordingly, no such enactment or rule of law to which paragraph (2) applies in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to— a exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter; b confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or c restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease. Guarantees in respect of payment of compensation 47 1 The undertaker must not exercise the powers conferred by the provisions referred to in paragraph (2) in relation to any land unless it has first put in place either— a a guarantee, the form and amount of which has been approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2) ; or b an alternative form of security, the form and amount of which has been approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2) . 2 The provisions are— a article 21 (compulsory acquisition of land); b article 25 (compulsory acquisition of rights and imposition of restrictive covenants); c article 26 (private rights); d article 28 (acquisition of subsoil and airspace only); e article 30 (temporary use of land for carrying out the authorised development); f article 32 (temporary use of land for maintaining the authorised development); and g article 33 (statutory undertakers). 3 A guarantee or alternative form of security given in respect of any liability of the undertaker to pay compensation under this Order is to be treated as enforceable against the guarantor or person providing the alternative form of security by any person to whom such compensation is payable and must be in such a form as to be capable of enforcement by such a person. 4 Nothing in this article requires a guarantee or alternative form of security to be in place for more than 15 years after the date on which the relevant power is exercised. Signed by authority of the Secretary of State for Energy Security and Net Zero Vicky Dawe Deputy Director Energy Infrastructure Planning Department for Energy Security and Net Zero 22nd October 2025 SCHEDULE 1 AUTHORISED DEVELOPMENT Article 3 In the district of Ashford and in the county of Kent, a nationally significant infrastructure project as defined in sections 14(1)(a) and 15 of the 2008 Act and associated development under section 115(1)(b) of the 2008 Act. The nationally significant infrastructure project comprises one generating station with a gross electrical output capacity of over 50 megawatts comprising all or any of the work numbers in this Schedule or any part of any work number in this Schedule— Work No. 1 1 A ground mounted solar photovoltaic generating station with a gross electrical output capacity of over 50 megawatts including— a solar PV panels; and b mounting structures, along with associated development within the meaning of section 115(2) of the 2008 Act including— Work No. 2 2 Balance of system and BESS works including— a inverter stations; b BESS; c DC-DC converters; d intermediate substations; e fire hydrants; f bunding and other water retention features; and g acoustic barriers; Work No. 3 3 Project substation and associated works including— a project substation, including switchroom and control room buildings, circuit breakers, 132 kilovolt bus-bars, pad mounted transformers, earthing circuits, office facilities (to include welfare unit, water closet, cesspit) and ancillary equipment; b monitoring and control systems for Work No. 1, Work No. 2 and Work No. 3; c car parking; d metal palisade security fencing with gates; e access track with separate access provision; f geotechnical works and retaining structures; g drainage and water retention system works; h acoustic barriers; and i two spare parts storage containers; Work No. 4 4 Works to lay high voltage electrical cables and to extend Sellindge Substation to facilitate grid connection including— a laying of electrical cables to connect Work No. 3 to Sellindge Substation, including tunnelling, boring, open cut trenching and horizontal directional drilling works for trenchless crossings; b works to allow electrical cable crossings of non-navigable rivers, other watercourses and drains, permissive paths, public rights of way and other highways; c works to allow installation of bridge crossings over non-navigable rivers and other watercourses and drains; d crossing of Network Rail infrastructure either— i using existing electrical ducts; or ii through the installation of new cable ducts; e laying down of internal access tracks, ramps, means of access, footpaths, roads, landscaping and vegetation management, signage, information boards and temporary secured construction laydown areas; and f extension of the Sellindge Substation including— i installation of new or amended structures, including outdoor air insulated switchgear or indoor gas insulated switchgear, circuit breakers, disconnectors, earth switches, bus-bars, steel supports and ancillary electrical infrastructure; ii laying down of access tracks, ramps, means of access, footpaths and roads; iii construction of a retaining wall, landscaping and vegetation management, signage, information boards and temporary construction laydown areas; iv fencing, gates, boundary treatment and other means of enclosure; v provision of security and monitoring measures such as CCTV columns, lighting columns and lighting, cameras, and communication infrastructure; and vi drainage works; Work No. 5 5 Works including— a fencing, gates, boundary treatment and other means of enclosure; b provision of security and monitoring measures such as CCTV columns, lighting columns and lighting, a fence detection system, cameras, weather stations, and communication infrastructure; c laying of electrical cables, including but not limited to electrical cables connecting Work No. 1, Work No. 2 and Work No. 3, including works to allow electrical cables crossings of non-navigable rivers, other watercourses and drains, permissive paths, public rights of way and other highways; d works to allow installation of bridge crossings over non-navigable rivers and other watercourses and drains; e laying down of internal access tracks (including fire access tracks), improvement of existing tracks, ramps, means of access, and roads, including construction signage and information boards; f provision of water tanks and pipework connection to hydrants located at inverter stations where BESS installed; and g equipment and materials storage during construction and decommissioning phases; Work No. 6 6 Works to provide site access including— a creation of accesses from the highway; b creation of visibility splays; c upgrading and repairing of existing accesses; and d highways improvements; Work No. 7 7 Construction and decommissioning works including— a compound areas including hardstanding, turning and loading areas, car parking, offices/welfare facilities, storage areas, waste skip areas, solar PV panel testing area, bunded area for storage of fuels and hydrocarbons, security fencing and hoarding; and b an internal haulage road comprising temporary permeable ground protection mats including passing bays, means of access, and signage; Work No. 8 8 Works to create, enhance and maintain green infrastructure, boundary treatments and crossing structures including— a landscape and biodiversity enhancement measures, including habitat creation and management and seating; b mitigation and biodiversity enhancement planting; c landscape reinforcement works; d works to allow installation of bridge crossings over non-navigable rivers and other watercourses and drains; and e works to alter, maintain, repair or replace existing crossing structures over non-navigable rivers and other watercourses and drains; and Site Wide Works 9 In connection with and in addition to Work Nos. 1 to 8, further associated development comprising such other works as may be necessary or expedient for the purposes of or in connection with the authorised development and which are within the Order limits and fall within the scope of work assessed by the environmental statement including— a site preparation works and site clearance, including vegetation removal; b earthworks; c remediation of contamination; d alteration to locations of services and utilities infrastructure; e works for the benefit or protection of land affected by the authorised development; f landscaping and biodiversity mitigation and enhancement measures including planting to the extent not undertaken under Work No. 8; g sustainable drainage system ponds, depression storage, runoff outfalls, general drainage and irrigation infrastructure, including bunds, embankments, trenching, and swales, systems and improvements, maintenance or extensions to existing drainage and irrigation systems; h laying down of public rights of way diversions, signage and information boards and extinguishment of existing public rights of way; and i works to alter, maintain and repair streets and access roads, including relocation, removal or provision of street signage and furniture in, under or above a street and works to facilitate traffic management. SCHEDULE 2 REQUIREMENTS Article 2 PART 1 REQUIREMENTS Time limit 1 The authorised development must not be commenced after the expiration of five years beginning with the date on which this Order comes into force. Expiry of development consent 2 1 The authorised development must cease generating electricity on a commercial basis no later than the 40th anniversary of the first export date. 2 Confirmation of the first export date must be provided by the undertaker to the local planning authority within one month of its occurrence. Phases of authorised development 3 1 The authorised development must not be commenced until a written scheme setting out the phases and sequencing of construction of the authorised development has been submitted to and approved by the local planning authority. 2 The authorised development must be carried out in accordance with the phasing scheme approved pursuant to sub-paragraph (1) . Detailed design approval 4 1 No phase of the authorised development may be commenced until written details of— a the layout; b scale; c proposed finished ground levels; d external appearance; e hard-surfacing materials; f vehicular and pedestrian access, parking and circulation areas; g refuse or other storage units, signs and lighting; h power and communications cables and pipelines; i fencing and other means of enclosure; j security measures; and k acoustic barriers, relating to that phase have been submitted to and approved by the local planning authority. 2 The written details that are submitted for approval pursuant to sub-paragraph (1) must accord with the design principles. 3 The authorised development must be carried out in accordance with the details approved pursuant to sub-paragraph (1) . Battery safety management plan 5 1 Prior to the commencement of the BESS within Work No. 2, a BSMP must be submitted to and approved by the local planning authority in consultation with the Environment Agency and Kent Fire and Rescue Service. 2 The submitted BSMP must either accord with the outline BSMP or detail such changes as the undertaker considers are required. 3 The BSMP must be implemented as approved and maintained in accordance with the BSMP thereafter. Construction environmental management plan 6 1 No phase of the authorised development may commence until a CEMP for that phase has been submitted to and approved by the local planning authority, such approval to be in consultation with the relevant statutory nature conservation body, Environment Agency and Kent County Council. 2 The CEMP for each phase of the authorised development must be in accordance with the outline CEMP. 3 All construction works associated with the authorised development in each phase must be carried out in accordance with the approved CEMP for that phase. Construction traffic management plan 7 1 No phase of the authorised development may commence until a CTMP for that phase has been submitted to and approved by the local planning authority, such approval to be in consultation with the relevant highway authority. 2 The CTMP for each phase of the authorised development must be in accordance with the outline CTMP. 3 All construction works associated with the authorised development in each phase must be carried out in accordance with the approved CTMP for that phase. 4 For the purposes of this requirement, “ relevant highway authority ” means the highway authority for the highways that are the subject of a CTMP submitted pursuant to sub-paragraph (1) . Landscape and biodiversity 8 1 The authorised development must not commence until a biodiversity design strategy has been submitted to and approved by the local planning authority, such approval to be in consultation with the Environment Agency, Kent County Council and the relevant statutory nature conservation body. a The biodiversity design strategy must include details of how the strategy will secure a biodiversity net gain for all of the authorised development during the operation of the authorised development of at least 100% in area-based habitat units, at least 10% in hedgerow units, and at least 10% in watercourse units; calculated using the biodiversity metric published by the Department for Environment, Food & Rural Affairs on 12 February 2024, or such other biodiversity metric approved by the relevant planning authority in consultation with the relevant statutory nature conservation body. b The biodiversity design strategy must be substantially in accordance with the outline LEMP, must be implemented as approved and maintained throughout the operation of the relevant part of the authorised development to which the plan relates. 2 No phase of the authorised development may commence until a LEMP covering that phase has been submitted to and approved by the local planning authority. 3 The LEMP for each phase of the authorised development must— a be in accordance with the outline LEMP, the biodiversity design strategy approved pursuant to sub-paragraph (1) and the design principles; b provide details of the proposed hard and soft landscape and biodiversity enhancement works including (in so far as is relevant)— i surveys, assessments and method statements; ii location, number, species, size, plant protection measures and planting density of any proposed planting and the location of areas to be seeded; iii cultivation, importing of materials and other operations to ensure plant establishment; and iv implementation timetables for all landscape and biodiversity enhancement works; and c provide details of how the landscape and biodiversity enhancement measures will be managed and maintained during the operation of the authorised development. 4 All landscape and biodiversity enhancement works associated with the authorised development in each phase must be carried out in accordance with the approved LEMP for that phase. 5 For the purposes of sub-paragraph (2) , “ commence ” includes part (b) (site clearance and/or vegetation works) of the site enabling works. Archaeology 9 1 No phase of the authorised development may commence until the details specified in sub-paragraph (2) for that phase have been submitted to and approved by the local planning authority, such approval to be in consultation with Kent County Council. 2 The details for each phase to be submitted pursuant to sub-paragraph (1) must— a include a written scheme for the investigation of areas of archaeological interest within that phase; b identify any areas where a programme of archaeological investigation is required within that phase and the measures to be taken to protect, record or preserve any significant archaeological remains that may be found; and c be generally in accordance with the AMS. 3 Any archaeological works or programme of archaeological investigation carried out pursuant to the details approved under sub-paragraph (1) must be carried out by an organisation registered with the Chartered Institute for Archaeologists or by a member of that Institute. 4 Any archaeological works or programme of archaeological investigation for a phase of the authorised development must be carried out in accordance with the details approved pursuant to sub-paragraph (1) for that phase. Public rights of way 10 1 No phase of the authorised development incorporating any part of a public right of way which is to be temporarily closed or permanently stopped up pursuant to article 17 (public rights of way – stopping up and vehicular use on public rights of way) may commence until a RoWAS for the phase has been submitted to and approved by the local planning authority, such approval to be in consultation with Kent County Council. 2 The RoWAS submitted pursuant to sub-paragraph (1) must— a include details of measures to minimise the distance of any sections of the public right of way to be temporarily closed or permanently stopped up; b include details of advance publicity and signage in respect of any sections of public rights of way to be temporarily closed or permanently stopped up; and c be generally in accordance with the outline RoWAS. 3 The RoWAS for each phase of the authorised development must be implemented as approved and maintained for that phase. Operational surface water drainage strategy and flood compensation storage 11 1 No phase of the authorised development may commence until— a an OSWDS for that phase has been submitted to and approved by the local planning authority, such approval to be in consultation with the Environment Agency and the lead local flood authority; and b a detailed floodplain compensation scheme for that phase has been submitted to and approved by the local planning authority, such approval to be in consultation with the Environment Agency. 2 The OSWDS for each phase of the authorised development must be in accordance with the outline OSWDS. 3 The OSWDS for each phase of the authorised development must be implemented as approved. 4 When considered as a whole across all phases of the authorised development, the detailed floodplain compensation schemes approved pursuant to paragraph (1)(b) must include mitigation measures that are in accordance with the measures described in Appendix 10.2: Flood Risk Assessment of the environmental statement relating to flood storage upstream and downstream of the Aldington Flood Storage Area embankment. 5 The detailed floodplain compensation scheme for each phase of the authorised development must be implemented and maintained as approved. Operational management plan 12 1 Prior to the operation of the authorised development, an OMP must be submitted to and approved by the local planning authority, such approval to be in consultation with the relevant statutory nature conservation body and the Environment Agency. 2 The OMP must be in accordance with the outline OMP. 3 The OMP must be implemented as approved and maintained throughout the operation of the relevant part of the authorised development to which the OMP relates. Operational noise mitigation and monitoring scheme 13 1 Prior to the operation of Work No. 2 or Work No. 3, an ONMMS must be submitted to and approved by the local planning authority. 2 The ONMMS must— a include details of the plant specification, noise mitigation measures and monitoring procedures; and b demonstrate that, with those noise mitigation measures and monitoring procedures in place, the authorised development is not likely to result in any materially new or materially different noise effects from those assessed in Volume 2, Chapter 14 (Noise) of the environmental statement. 3 The ONMMS must be implemented as approved. Decommissioning and site restoration 14 1 Decommissioning works must commence no later than the 40th anniversary of the first export date. 2 Prior to commencement of any decommissioning works for any part of the authorised development— a a DEMP for that part must be submitted to and approved by the local planning authority, such approval to be in consultation with the relevant statutory nature conservation body, the Environment Agency and Kent County Council; and b a DTMP for that part must be submitted to and approved by the local planning authority, such approval to be in consultation with the relevant highway authority. 3 The DEMP must be in accordance with the outline DEMP and the DTMP must be in accordance with the outline DTMP. 4 The DEMP and DTMP must be implemented as approved for the relevant part of the authorised development. 5 For the purposes of this paragraph, “ relevant highway authority ” means the highway authority for the highways that are the subject of a DTMP submitted pursuant to paragraph 14(2)(b) . Requirement for written approval 15 Where the approval, agreement or confirmation of the Secretary of State, the local planning authority or another person is required under a requirement that approval, agreement or confirmation must be given in writing. Amendments to approved details 16 1 With respect to the documents certified in accordance with article 41 (certification of plans, etc.) and any plans, details or schemes which have been approved pursuant to any requirement (together the “Approved Documents, Plans, Details or Schemes”), the undertaker may submit to the local planning authority for approval any amendments to any of the Approved Documents, Plans, Details or Schemes and, following approval by the local planning authority, the relevant Approved Documents, Plans, Details or Schemes is to be taken to include the amendments as so approved pursuant to this paragraph. 2 Approval under sub-paragraph (1) for the amendments to any of the Approved Documents, Plans, Details or Schemes must not be given except where it has been demonstrated to the satisfaction of the local planning authority that the subject matter of the approval sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement. PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS Applications made under requirements 17 1 Where an application has been made to the local planning authority for any consent, agreement or approval required by a requirement contained in Part 1 of this Schedule, or for any consent, agreement or approval further to any document referred to in any such requirement, the local planning authority must give notice to the undertaker of its decision on the application within a period of eight weeks beginning with— a the day immediately following that on which the application is received by the local planning authority; or b where further information is requested under paragraph 18 the day immediately following that on which the further information has been supplied by the undertaker, or such longer period as may be agreed in writing by the undertaker and the local planning authority. 2 In determining any application made to the local planning authority for any consent, agreement or approval required by a requirement contained in Part 1 of this Schedule, the local planning authority may— a give or refuse its consent, agreement or approval; or b give its consent, agreement or approval subject to reasonable conditions, and where consent, agreement or approval is refused or granted subject to conditions the local planning authority must provide its reasons for that decision with the notice of the decision. Further information regarding requirements 18 1 In relation to any application referred to in paragraph 17 , the local planning authority may request such further information from the undertaker as it considers necessary to enable it to consider the application. 2 In the event that the local planning authority considers such further information to be necessary and the provision governing or requiring the application does not specify that consultation with a requirement consultee is required, the local planning authority must, within 20 business days of receipt of the application, notify the undertaker in writing specifying the further information required. 3 If the provision governing or requiring the application specifies that consultation with a requirement consultee is required, the local planning authority must issue the consultation to the requirement consultee within 10 business days of receipt of the application, and must notify the undertaker in writing specifying any further information the local planning authority considers necessary or that is requested by the requirement consultee within 10 business days of receipt of such a request and in any event within 20 business days of receipt of the application (or such other period as is agreed in writing between the undertaker and the local planning authority). 4 In the event that the local planning authority does not give notification as specified in sub-paragraph (2) or (3) it is deemed to have sufficient information to consider the application and is not thereafter entitled to request further information without the prior agreement of the undertaker. 5 Where further information is requested under this paragraph in relation to part only of an application, that part is to be treated as separate from the remainder of the application for the purposes of calculating time periods in paragraphs 17 and 18 . Appeals 19 1 Where the undertaker makes an application to the local planning authority, the undertaker may appeal to the Secretary of State in the event that— a the local planning authority refuses an application for any consent, agreement or approval required by— i a requirement contained in Part 1 of this Schedule; or ii a document referred to in any requirement contained in Part 1 of this Schedule; b the local planning authority does not determine such an application within the time period set out in paragraph 17(1) , or grants it subject to conditions; c on receipt of a request for further information pursuant to paragraph 18 of this Part of this Schedule, the undertaker considers that either the whole or part of the specified information requested by the local planning authority is not necessary for consideration of the application; or d on receipt of any further information requested, the local planning authority notifies the undertaker that the information provided is inadequate and requests additional information which the undertaker considers is not necessary for consideration of the application. 2 The appeal process is as follows— a any appeal by the undertaker must be made within 42 days of the date of the notice of the decision or determination, or (where no determination has been made) the expiry of the time period set out in paragraph 17(1) , giving rise to the appeal referred to in sub-paragraph (1) ; b the undertaker must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the local planning authority and any consultee specified under the relevant requirement contained in Part 1 of this Schedule; c as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person to consider the appeal (“ the appointed person ”) and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for the attention of the appointed person should be sent; d the local planning authority and any consultee (if applicable) must submit their written representations together with any other representations to the appointed person in respect of the appeal within ten business days of the start date specified by the appointed person and must ensure that copies of their written representations and any other representations as sent to the appointed person are sent to each other and to the undertaker on the day on which they are submitted to the appointed person; e the undertaker must make any counter-submissions to the appointed person within ten business days of receipt of written representations pursuant to paragraph (d) above; and f the appointed person must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable after the end of the ten day period for counter—submissions under paragraph (e) . 3 The appointment of the appointed person pursuant to sub-paragraph (2)(c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State. 4 In the event that the appointed person considers that further information is necessary to enable the appointed person to consider the appeal the appointed person must as soon as practicable notify the appeal parties in writing specifying the further information required, the appeal party from whom the information is sought, and the date by which the information is to be submitted. 5 Any further information required pursuant to sub-paragraph (4) must be provided by the party from whom the information is sought to the appointed person and to the other appeal parties by the date specified by the appointed person. The appointed person must notify the appeal parties of the revised timetable for the appeal on or before that day. The revised timetable for the appeal must require submission of written representations to the appointed person within ten business days of the date specified by the appointed person, but must otherwise be in accordance with the process and time limits set out in sub-paragraphs (2)(c) to (2)(e) . 6 On an appeal under this paragraph, the appointed person may— a allow or dismiss the appeal; or b reverse or vary any part of the decision of the local planning authority (whether the appeal relates to that part of it or not), and may deal with the application as if it had been made to the appointed person in the first instance. 7 The appointed person may proceed to a decision on an appeal taking into account such written representations as have been sent within the relevant time limits and in the sole discretion of the appointed person such written representations as have been sent outside of the relevant time limits. 8 The appointed person may proceed to a decision even though no written representations have been made within the relevant time limits, if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case. 9 The decision of the appointed person on an appeal is final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for a judicial review. 10 Save where a direction is given pursuant to sub-paragraph (11) requiring the costs of the appointed person to be paid by the local planning authority, the reasonable costs of the appointed person are to be met by the undertaker. 11 On application by the local planning authority or the undertaker, the appointed person may give directions as to the costs of the appeal and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to the guidance on costs in the Planning Practice Guidance or any official circular or guidance which may from time to time replace it. SCHEDULE 3 LEGISLATION TO BE DISAPPLIED Article 8 1 The following provisions do not apply in so far as they relate to the construction of any numbered work or the carrying out of any operation required for the purpose of, or in connection with, the construction, operation, maintenance or decommissioning of the authorised development— a County of Kent Act 1981 ; b Kent County Council (Filming on Highways) Act 2010 ; c Kent Water Act 1955 ; d South Eastern Railway Act 1836 ; e South Eastern Railway Act 1839 ; and f Southern Water Authority Act 1988 . SCHEDULE 4 STREETS SUBJECT TO STREET WORKS Article 10 (1) Area (2) Street (3) Description of the street works Ashford Borough Council Public right of way FNR-1 (AE385 Section 1 diversion) Cable works beneath the width of the public right of way for the length shown in brown on sheet 1 of the streets, rights of way and access plans, reference SW-1. Ashford Borough Council Public right of way FN-AE380 Cable works beneath the width of the public right of way for the length shown in brown on sheet 1 of the streets, rights of way and access plans, reference SW-2. Ashford Borough Council Public right of way AE396 (Byway Open To All Traffic) Cable works beneath the width of the public right of way for the length shown in brown on sheets 1 and 2 of the streets, rights of way and access plans, reference SW-6. Ashford Borough Council Public right of way FNR-3 (AE370 diversion) Cable works beneath the width of the public right of way for the length shown in brown on sheets 1 and 2 of the streets, rights of way and access plans, references SW-5, SW-7 and SW-8. Ashford Borough Council Public right of way FNR-4 (AE377 diversion) Cable works beneath the width of the public right of way for the length shown in brown on sheets 1 and 2 of the streets, rights of way and access plans, reference SW-9. Ashford Borough Council Public right of way FNR-5 (AE378 diversion) Cable works beneath the width of the public right of way for the length shown in brown on sheet 2 of the streets, rights of way and access plans, references SW-10, SW-11 and SW-12. Ashford Borough Council Public right of way FN-7 Cable works beneath the width of the public right of way for the length shown in brown on sheets 2 and 3 of the streets, rights of way and access plans, reference SW-13. Ashford Borough Council Public right of way FNR-8 (AE431 diversion) Cable works beneath the width of the public right of way for the length shown in brown on sheets 2 and 3 of the streets, rights of way and access plans, references SW-15 and SW-16. Ashford Borough Council Public right of way FNR-9 (AE436 diversion) Cable works beneath the width of the public right of way for the length shown in brown on sheets 2 and 3 of the streets, rights of way and access plans, reference SW-18. Ashford Borough Council Public right of way FN-1 Cable works beneath the width of the public right of way for the length shown in brown on sheets 2 and 3 of the streets, rights of way and access plans, reference SW-19. Ashford Borough Council Public right of way AE657 Cable works beneath the width of the public right of way for the length shown in brown on sheets 2 and 3 of the streets, rights of way and access plans, reference SW-17A. Ashford Borough Council Public right of way FN-AE657 Cable works beneath the width of the public right of way for the length shown in brown on sheets 2 and 3 of the streets, rights of way and access plans, reference SW-17B. Ashford Borough Council Public right of way FN-3 Cable works beneath the width of the public right of way for the length shown in brown on sheet 3 of the streets, rights of way and access plans, reference SW-21. Ashford Borough Council Public right of way FNR-12 (AE657 and AE656 diversion) Cable works beneath the width of the public right of way for the length shown in brown on sheet 3 of the streets, rights of way and access plans, reference SW-22. Ashford Borough Council Public right of way AE474 Cable works beneath the width of the public right of way for the length shown in brown on sheet 4 of the streets, rights of way and access plans, reference SW-23. Ashford Borough Council Public right of way AE475 Cable works beneath the width of the public right of way for the length shown in brown on sheet 4 of the streets, rights of way and access plans, reference SW-24. Ashford Borough Council Public right of way FNR-10 (AE454 diversion) Cable works beneath the width of the public right of way for the length shown in brown on sheet 4 of the streets, rights of way and access plans, reference SW-25. Ashford Borough Council Public right of way FNR-11 (AE475 diversion) Cable works beneath the width of the public right of way for the length shown in brown on sheet 4 of the streets, rights of way and access plans, reference SW-26. Ashford Borough Council AE656 Cable works beneath the width of the public right of way for the length shown in brown on sheet 5 of the streets, rights of way and access plans, reference SW-28. Ashford Borough Council Laws Lane Cable works beneath the width of the street for the length shown in brown on sheet 6 of the streets, rights of way and access plans, reference SW-3. Ashford Borough Council Bank Road Cable works beneath the width of the street for the length shown in brown on sheets 6 and 7 of the streets, rights of way and access plans, reference SW-4. Ashford Borough Council Station Road Cable works beneath the width of the street for the length shown in brown on sheets 7 and 8 of the streets, rights of way and access plans, reference SW-14. Ashford Borough Council Goldwell Lane Cable works beneath the width of the street for the length shown in brown on sheets 7, 8 and 9 of the streets, rights of way and access plans, reference SW-20. Ashford Borough Council Church Lane Cable works beneath the width of the street for the length shown in brown on sheet 10 of the streets, rights of way and access plans, reference SW-27. SCHEDULE 5 ALTERATION OF STREETS Article 11 (1) Area (2) Streets subject to alteration (3) Description of alteration Ashford Borough Council Bank Road Works for the provision of a permanent means of access to the authorised development including vegetation clearance for the creation of visibility splays within the area shown in green on sheets 6 and 7 of the streets, rights of way and access plans, references A-1, A-5, A-6 and A-10. Ashford Borough Council Laws Lane Works for the provision of a permanent means of access to the authorised development including vegetation clearance for the creation of visibility splays within the area shown in green on sheet 6 of the streets, rights of way and access plans, references A-2, A-3 and A-4. Ashford Borough Council Public right of way AE396 Works for the provision of a permanent means of access to the authorised development including vegetation clearance for the creation of visibility splays within the area shown in green on sheets 6 and 7 of the streets, rights of way and access plans, references A-7, A-8 and A-9. Ashford Borough Council Calleywell Lane Works for the provision of a permanent means of access to the authorised development including vegetation clearance for the creation of visibility splays within the area shown in green on sheets 7 and 8 of the streets, rights of way and access plans, references A-11 and A-12. Ashford Borough Council Station Road Works for the provision of a permanent means of access to the authorised development including vegetation clearance for the creation of visibility splays within the area shown in green on sheets 7 and 8 of the streets, rights of way and access plans, references A-13, A-14 and A-15. Ashford Borough Council Goldwell Lane Works for the provision of a permanent means of access to the authorised development including vegetation clearance for the creation of visibility splays within the area shown in green on sheet 9 of the streets, rights of way and access plans, reference A-16. Ashford Borough Council Church Lane Works for the provision of a permanent means of access to the authorised development including vegetation clearance for the creation of visibility splays within the area shown in green on sheet 10 of the streets, rights of way and access plans, reference A-17. SCHEDULE 6 ACCESS TO WORKS Article 14 (1) Area (2) Street (3) Description of means of access Ashford Borough Council Bank Road #1 southbound The provision of a permanent means of access to the authorised development from the point marked A-1 on sheet 6 of the streets, rights of way and access plans. Ashford Borough Council Laws Lane #1 westbound and eastbound The provision of a permanent means of access to the authorised development from the point marked A-2 on sheet 6 of the streets, rights of way and access plans. Ashford Borough Council Laws Lane #2 westbound The provision of a permanent means of access to the authorised development from the point marked A-3 on sheet 6 of the streets, rights of way and access plans. Ashford Borough Council Laws Lane #3 eastbound The provision of a permanent means of access to the authorised development from the point marked A-4 on sheet 6 of the streets, rights of way and access plans. Ashford Borough Council Bank Road #2 southbound The provision of a permanent means of access to the authorised development from the point marked A-5 on sheet 6 of the streets, rights of way and access plans. Ashford Borough Council Bank Road #3 northbound The provision of a permanent means of access to the authorised development from the point marked A-6 on sheets 6 and 7 of the streets, rights of way and access plans. Ashford Borough Council Public right of way AE396 #1 westbound and eastbound The provision of a permanent means of access to the authorised development from the point marked A-7 on sheets 6 and 7 of the streets, rights of way and access plans. Ashford Borough Council Public right of way AE396 #2 westbound and eastbound The provision of a permanent means of access to the authorised development from the point marked A-8 on sheets 6 and 7 of the streets, rights of way and access plans. Ashford Borough Council Public right of way AE396 #3 westbound and eastbound The provision of a permanent means of access to the authorised development from the point marked A-9 on sheet 6 of the streets, rights of way and access plans. Ashford Borough Council Bank Road #4 northbound and southbound The provision of a permanent means of access to the authorised development from the point marked A-10 on sheets 6 and 7 of the streets, rights of way and access plans. Ashford Borough Council Calleywell Lane #1 westbound The provision of a permanent means of access to the authorised development from the point marked A-11 on sheet 7 of the streets, rights of way and access plans. Ashford Borough Council Calleywell Lane #2 westbound The provision of a permanent means of access to the authorised development from the point marked A-12 on sheet 7 and 8 of the streets, rights of way and access plans. Ashford Borough Council Station Road #1 eastbound The provision of a permanent means of access to the authorised development from the point marked A-13 on sheets 7 and 8 of the streets, rights of way and access plans. Ashford Borough Council Station Road #2 eastbound The provision of a permanent means of access to the authorised development from the point marked A-14 on sheets 7 and 8 of the streets, rights of way and access plans. Ashford Borough Council Station Road #3 eastbound The provision of a permanent means of access to the authorised development from the point marked A-15 on sheet 8 of the streets, rights of way and access plans. Ashford Borough Council Goldwell Lane eastbound The provision of a permanent means of access to the authorised development from the point marked A-16 on sheet 9 of the streets, rights of way and access plans. Ashford Borough Council Church Lane westbound and eastbound The provision of a permanent means of access to the authorised development from the point marked A-17 on sheet 10 of the streets, rights of way and access plans. SCHEDULE 7 TRAFFIC REGULATION MEASURES Article 16 (1) Area (2) Extent of temporary traffic signal and banksman control area Ashford Borough Council Laws Lane approximately 140 meters southwest of Bank Road. An area of existing highway in a generally south-westerly direction on Laws Lane for a distance of 300 metres as shown with a green broken line on sheet 1 of the traffic regulations measures plans, reference TR-1. Ashford Borough Council Byway Open to All Traffic AE396 southwest of Roman Road. An area of existing Byway Open to All Traffic in a generally south-westerly direction on Byway Open to All Traffic AE396 for a distance of 370 metres as shown with a green broken line on sheets 2 and 3 of the traffic regulations measures plans, reference TR-2. Ashford Borough Council Roman Road at access to Bank Farm and Bank Farm access at Roman Road. An area of existing highway in a generally north westerly direction on Bank Road for a distance of 680m and a south-easterly direction on Roman Road for a distance of 100 metres with and an area of existing private road in a generally south-westerly direction on Bank Farm access for a distance of 265 metres as shown with a green broken line on sheets 2 and 3 of the traffic regulations measures plans, reference TR-3. Ashford Borough Council Station Road north of Calleywell Lane and Goldwell Lane. An area of existing highway in a generally southerly direction on Station Road for a distance of 190 metres as shown with a green broken line on sheets 4 and 6 of the traffic regulations measures plans, reference TR-4. Ashford Borough Council Main access on Station Road approximately 115 metres south of the centre of HS1 bridge. An area of existing highway in a generally south-westerly direction on Station Road for a distance of 100 metres as shown with a green broken line on sheet 5 of the traffic regulations measures plans, reference TR-5. Ashford Borough Council Goldwell Lane Site access approximately 190 metres north of Roman Road. An area of existing highway in a generally south-westerly direction on Goldwell Lane for a distance of 100 metres as shown with a green broken line on sheet 6 of the traffic regulations measures plans, reference TR-6. Ashford Borough Council Goldwell Lane east of Calleywell Lane and north of Roman Road. An area of existing highway in a generally southerly direction on Goldwell Lane for a distance of 1030m meters as shown with a green broken line on sheets 4 and 6 of the traffic regulations measures plans, reference TR-7. Ashford Borough Council Church Lane south of the centre of M20 bridge. An area of existing highway in a generally southerly direction on Church Lane for a distance of 690m meters from the M20 bridge to 230m south of the HS1 bridge as shown with a green broken line on sheet 7 of the traffic regulations measures plans, reference TR-8. SCHEDULE 8 PUBLIC RIGHTS OF WAY Article 17 PART 1 PUBLIC RIGHTS OF WAY TO BE PERMANENTLY STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED (1) Area (2) Public rights of way to be stopped up (3) Extent of stopping up (4) New public right of way to be substituted Ashford Borough Council AE385 (Section 1) Part of footpath to be stopped up, shown as FTD-1 on sheet 1 of the streets, rights of way and access plans. FNR-1, shown on sheet 1 of the streets, rights of way and access plans. Ashford Borough Council AE385 (Section 2) Part of footpath to be stopped up, shown as FTD-2 on sheet 1 of the streets, rights of way and access plans. FNR-2, shown on sheet 1 of the streets, rights of way and access plans. Ashford Borough Council AE370 Part of footpath to be stopped up, shown as FTD-3 on sheets 1 and 2 of the streets, rights of way and access plans. FNR-3, shown on sheets 1 and 2 of the streets, rights of way and access plans. Ashford Borough Council AE377 Part of footpath to be stopped up, shown as FTD-4 on sheets 1 and 2 of the streets, rights of way and access plans. FNR-4, shown on sheets 1 and 2 of the streets, rights of way and access plans. Ashford Borough Council AE657 and AE656 Part of AE657 and part of AE656 to be stopped up, shown as FTD-12 and FTD-13 on sheet 3 of the streets, rights of way and access plans. FNR-12, shown on sheet 3 of the streets, rights of way and access plans. Ashford Borough Council AE475 Part of footpath to be stopped up, shown as FTD-11 on sheet 4 of the streets, rights of way and access plans. FNR-11, shown on sheet 4 of the streets, rights of way and access plans. PART 2 PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED FOR WHICH A SUBSTITUTE IS TO BE PROVIDED (1) Area (2) Public right of way to be closed (3) Extent of closure (4) New public right of way to be substituted Ashford Borough Council AE378 Part of footpath to be closed, shown as FTD-5 on sheets 2 and 3 of the streets, rights of way and access plans. FNR-5, shown on sheets 2 and 3 of the streets, rights of way and access plans. Ashford Borough Council AE428 Part of footpath to be closed, shown as FTD-6 on sheet 2 of the streets, rights of way and access plans. FNR-6 shown on sheet 2 of the streets, rights of way and access plans. Ashford Borough Council AE448 Entire footpath to be closed, shown as FTD-7 on sheets 2 and 3 of the streets, rights of way and access plans. FNR-7, shown on sheets 2 and 3 of the streets, rights of way and access plans. Ashford Borough Council AE431 Part of footpath to be closed, shown as FTD-8 on sheets 2 and 3 of the streets, rights of way and access plans. FNR-8 shown on sheets 2 and 3 of the streets, rights of way and access plans. Ashford Borough Council AE436 Part of footpath to be closed, shown as FTD-9 on sheets 2 and 3 of the streets, rights of way and access plans. FNR-9, shown on sheets 2 and 3 of the streets, rights of way and access plans. Ashford Borough Council AE454 Entire footpath to be closed, shown as FTD-10 on sheet 4 of the streets, rights of way and access plans. FNR-10, shown on sheet 4 of the streets, rights of way and access plans. PART 3 PUBLIC RIGHTS OF WAY TO BE PERMANENTLY STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED (1) Area (2) Public right of way to be stopped up (3) Extent of stopping up Ashford Borough Council AE447, shown as FC-1 on sheet 2 of the streets, rights of way and access plans. Entire footpath. Ashford Borough Council AE455, shown as FC-2 on sheet 4 of the streets, rights of way and access plans. Part of footpath. SCHEDULE 9 STATUS OF PUBLIC RIGHTS OF WAY CREATED OR IMPROVED Article 18 (1) Existing or new highway (footpath) (2) New status (3) Reference Extension of footpath AE380 across Bank Road to connect to FNR-1 (AE385 diversion), shown on sheet 1 of the streets, rights of way and access plans. Footpath FN-AE380, shown on sheet 1 of the streets, rights of way and access plans. New footpath, running parallel to AE377 on Handen Farm driveway shown on sheet 2 of the streets, rights of way and access plans. Footpath FN-6, shown on sheet 2 of the streets, rights of way and access plans. New footpath from FNR-9 (AE436 diversion) to AE657, shown on sheets 2 and 3 of the streets, rights of way and access plans. Footpath FN-1, shown on sheets 2 and 3 of the streets, rights of way and access plans. Extension of footpath AE657 to connect to FNR-8 (AE431 diversion), shown on sheets 2 and 3 of the streets, rights of way and access plans. Footpath FN-AE657, shown on sheets 2 and 3 of the streets, rights of way and access plans. New footpath from FNR-7 (AE448 diversion) to FNR-5 (AE378 diversion), shown on sheets 2 and 3 of the streets, rights of way and access plans. Footpath FN-7 shown on sheets 2 and 3 of the streets, rights of way and access plans. New footpath from FN-3 to AE657, shown on sheet 3 of the streets, rights of way and access plans. Footpath FN-2, shown on sheet 3 of the streets, rights of way and access plans. New footpath from AE431 to AE657, shown on sheet 3 of the streets, rights of way and access plans. Footpath FN-3, shown on sheet 3 of the streets, rights of way and access plans. New footpath from AE657 to AE457, shown on sheet 3 of the streets, rights of way and access plans. Footpath FN-8, shown on sheet 3 of the streets, rights of way and access plans. SCHEDULE 10 LAND IN RESPECT OF WHICH ONLY RIGHTS ETC MAY BE ACQUIRED Article 25 (1) Plot reference (as shown on the land plans) (2) Work No. (3) Purposes for which rights over land may be acquired and restrictive covenants imposed 3/13, 3/18, 3/21, 3/24, 4/11 No Work No. Site Wide Works (a) site preparation works and site clearance, including vegetation removal; (b) remediation of contamination; (c) alteration to locations of services and utilities infrastructure; (d) works for the benefit or protection of land affected by the authorised development; (e) landscaping and biodiversity mitigation and enhancement measures including planting to the extent not undertaken under Work No. 8; (f) sustainable drainage system ponds, depression storage, runoff outfalls, general drainage and irrigation infrastructure, including bunds, embankments, trenching, and swales, systems and improvements, maintenance or extensions to existing drainage and irrigation systems; (g) laying down of public rights of way diversions, signage and information boards and extinguishment of existing public rights of way; (h) works to alter, maintain and repair streets and access roads, including relocation, removal or provision of street signage and furniture in, under or above a street and works to facilitate traffic management; (i) alter, improve, form, maintain, retain, use (with or without vehicles, plant and machinery), remove, reinstate means of access to the authorised development including visibility splays and road widening and to remove impediments (including vegetation) to such access; (j) install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain electrical underground cables, earthing cables, optical fibre cables, data cables, telecommunications cables and other services, works associated with such cables including bays, ducts, protection and safety measures and equipment, and other apparatus and structures; (k) remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; and (l) restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove vegetation and restrict the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development. 3/50, 3/51, 5/5, 5/6, 5/7, 5/10, 5/11, 5/12, 5/14, 5/16, 5/17, 5/18, 5/19 Work No. 4 and Site Wide Works (a) laying of electrical cables to connect Work No. 3 to Sellindge Substation, including tunnelling, boring, open cut trenching and horizontal directional drilling works for trenchless crossings; (b) works to allow electrical cable crossings of non-navigable rivers, other watercourses and drains, permissive paths, public rights of way and other highways; (c) works to allow installation of bridge crossings over non-navigable rivers and other watercourses and drains; (d) crossing of Network Rail infrastructure either— (i) using existing electrical ducts; or (ii) through the installation of new cable ducts; (e) laying down of internal access tracks, ramps, means of access, footpaths, roads, landscaping and vegetation management, signage, information boards and temporary secured construction laydown areas; (f) extension of the Sellindge Substation including— (i) installation of new or amended structures, including outdoor air insulated switchgear or indoor gas insulated switchgear, circuit breakers, disconnectors, earth switches, bus-bars, steel supports and ancillary electrical infrastructure; (ii) laying down of access tracks, ramps, means of access, footpaths and roads; (iii) construction of a retaining wall, landscaping and vegetation management, signage, information boards and temporary construction laydown areas; (iv) fencing, gates, boundary treatment and other means of enclosure; (v) provision of security and monitoring measures such as CCTV columns, lighting columns and lighting, cameras, and communication infrastructure; and (vi) drainage works; (g) site preparation works and site clearance, including vegetation removal; (h) earthworks; (i) remediation of contamination; (j) alteration to locations of services and utilities infrastructure; (k) works for the benefit or protection of land affected by the authorised development; (l) landscaping and biodiversity mitigation and enhancement measures including planting to the extent not undertaken under Work No. 8; (m) sustainable drainage system ponds, depression storage, runoff outfalls, general drainage and irrigation infrastructure, including bunds, embankments, trenching, and swales, systems and improvements, maintenance or extensions to existing drainage and irrigation systems; (n) laying down of public rights of way diversions, signage and information boards and extinguishment of existing public rights of way; (o) works to alter, maintain and repair streets and access roads, including relocation, removal or provision of street signage and furniture in, under or above a street and works to facilitate traffic management; (p) alter, improve, form, maintain, retain, use (with or without vehicles, plant and machinery), remove, reinstate means of access to the authorised development including visibility splays and road widening and to remove impediments (including vegetation) to such access; (q) install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain electrical underground cables, earthing cables, optical fibre cables, data cables, telecommunications cables and other services, works associated with such cables including bays, ducts, protection and safety measures and equipment, and other apparatus and structures; (r) remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; and (s) restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove vegetation and restrict the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development. 5/8, 5/9, 5/13, 5/15 Work No. 4 and Site Wide Works (a) laying of electrical cables to connect Work No. 3 to Sellindge Substation, including tunnelling, boring, open cut trenching and horizontal directional drilling works for trenchless crossings; (b) works to allow electrical cable crossings of non-navigable rivers, other watercourses and drains, permissive paths, public rights of way and other highways; (c) works to allow installation of bridge crossings over non-navigable rivers and other watercourses and drains; (d) crossing of Network Rail infrastructure either— (i) using existing electrical ducts; or (ii) through the installation of new cable ducts; (e) laying down of internal access tracks, ramps, means of access, footpaths, roads, landscaping and vegetation management, signage, information boards and temporary secured construction laydown areas; (f) extension of the Sellindge Substation including— (i) installation of new or amended structures, including outdoor air insulated switchgear or indoor gas insulated switchgear, circuit breakers, disconnectors, earth switches, bus-bars, steel supports and ancillary electrical infrastructure; (ii) laying down of access tracks, ramps, means of access, footpaths and roads; (iii) construction of a retaining wall, landscaping and vegetation management, signage, information boards and temporary construction laydown areas; (iv) fencing, gates, boundary treatment and other means of enclosure; (v) provision of security and monitoring measures such as CCTV columns, lighting columns and lighting, cameras, and communication infrastructure; and (vi) drainage works; (g) site preparation works and site clearance, including vegetation removal; (h) earthworks; (i) remediation of contamination; (j) alteration to locations of services and utilities infrastructure; (k) works for the benefit or protection of land affected by the authorised development; (l) landscaping and biodiversity mitigation and enhancement measures including planting to the extent not undertaken under Work No. 8; (m) sustainable drainage system ponds, depression storage, runoff outfalls, general drainage and irrigation infrastructure, including bunds, embankments, trenching, and swales, systems and improvements, maintenance or extensions to existing drainage and irrigation systems; (n) laying down of public rights of way diversions, signage and information boards and extinguishment of existing public rights of way; (o) works to alter, maintain and repair streets and access roads, including relocation, removal or provision of street signage and furniture in, under or above a street and works to facilitate traffic management; (p) alter, improve, form, maintain, retain, use (with or without vehicles, plant and machinery), remove, reinstate means of access to the authorised development including visibility splays and road widening and to remove impediments (including vegetation) to such access; (q) install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain electrical underground cables, earthing cables, optical fibre cables, data cables, telecommunications cables and other services, works associated with such cables including bays, ducts, protection and safety measures and equipment, and other apparatus and structures; (r) remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; (s) restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove vegetation and restrict the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development; (t) install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain electrical cables, earthing cables, optical fibre cables, data cables, telecommunications cables and other services, works associated with such cables including bays, ducts, protection and safety measures and equipment, and other apparatus and structures and to connect such cables and services to the Sellindge Substation; (u) install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain watercourses, public sewers and drains and drainage apparatus and equipment; (v) restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development; and (w) install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain soft landscaping and biodiversity measures. 3/8, 3/23, 4/5, 4/6, 4/7, 4/8 Work No. 5 and Site Wide Works (a) fencing, gates, boundary treatment and other means of enclosure; (b) provision of security and monitoring measures such as CCTV columns, lighting columns and lighting, a fence detection system, cameras, weather stations, and communication infrastructure; (c) laying of electrical cables, including but not limited to electrical cables connecting Work No. 1, Work No. 2 and Work No. 3, including works to allow electrical cables crossings of non-navigable rivers, other watercourses and drains, permissive paths, public rights of way and other highways; (d) works to allow installation of bridge crossings over non-navigable rivers and other watercourses and drains; (e) laying down of internal access tracks (including fire access tracks), improvement of existing tracks, ramps, means of access, and roads, including construction signage and information boards; (f) provision of water tanks and pipework connection to hydrants located at inverter stations where BESS installed; (g) equipment and materials storage during construction and decommissioning phases; (h) site preparation works and site clearance, including vegetation removal; (i) earthworks; (j) remediation of contamination; (k) alteration to locations of services and utilities infrastructure; (l) works for the benefit or protection of land affected by the authorised development; (m) landscaping and biodiversity mitigation and enhancement measures including planting to the extent not undertaken under Work No. 8; (n) sustainable drainage system ponds, depression storage, runoff outfalls, general drainage and irrigation infrastructure, including bunds, embankments, trenching, and swales, systems and improvements, maintenance or extensions to existing drainage and irrigation systems; (o) laying down of public rights of way diversions, signage and information boards and extinguishment of existing public rights of way; (p) works to alter, maintain and repair streets and access roads, including relocation, removal or provision of street signage and furniture in, under or above a street and works to facilitate traffic management; (q) alter, improve, form, maintain, retain, use (with or without vehicles, plant and machinery), remove, reinstate means of access to the authorised development including visibility splays and road widening and to remove impediments (including vegetation) to such access; (r) install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain electrical underground cables, earthing cables, optical fibre cables, data cables, telecommunications cables and other services, works associated with such cables including bays, ducts, protection and safety measures and equipment, and other apparatus and structures; (s) remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; and (t) restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove vegetation and restrict the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development. 3/2, 3/4 Work No. 8 and Site Wide Works (a) landscape and biodiversity enhancement measures, including habitat creation and management and seating; (b) mitigation and biodiversity enhancement planting; (c) landscape reinforcement works; (d) works to allow installation of bridge crossings over non-navigable rivers and other watercourses and drains; (e) works to alter, maintain, repair or replace existing crossing structures over non-navigable rivers and other watercourses and drains; (f) site preparation works and site clearance, including vegetation removal; (g) remediation of contamination; (h) works for the benefit or protection of land affected by the authorised development; (i) landscaping and biodiversity mitigation and enhancement measures including planting to the extent not undertaken under Work No. 8; (j) alter, improve, form, maintain, retain, use (with or without vehicles, plant and machinery), remove, reinstate means of access to the authorised development including visibility splays and road widening and to remove impediments (including vegetation) to such access; (k) install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain electrical underground cables, earthing cables, optical fibre cables, data cables, telecommunications cables and other services, works associated with such cables including bays, ducts, protection and safety measures and equipment, and other apparatus and structures; (l) remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; and (m) restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove vegetation and restrict the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development. 5/1, 5/2, 5/3, 5/4 Work No. 4, Work No. 6 and Site Wide Works (a) laying of electrical cables to connect Work No. 3 to Sellindge Substation, including tunnelling, boring, open cut trenching and horizontal directional drilling works for trenchless crossings; (b) works to allow electrical cable crossings of non-navigable rivers, other watercourses and drains, permissive paths, public rights of way and other highways; (c) works to allow installation of bridge crossings over non-navigable rivers and other watercourses and drains; (d) crossing of Network Rail infrastructure either— (i) using existing electrical ducts; or (ii) through the installation of new cable ducts; (e) laying down of internal access tracks, ramps, means of access, footpaths, roads, landscaping and vegetation management, signage, information boards and temporary secured construction laydown areas; (f) extension of the Sellindge Substation including— (i) installation of new or amended structures, including outdoor air insulated switchgear or indoor gas insulated switchgear, circuit breakers, disconnectors, earth switches, bus-bars, steel supports and ancillary electrical infrastructure; (ii) laying down of access tracks, ramps, means of access, footpaths and roads; (iii) construction of a retaining wall, landscaping and vegetation management, signage, information boards and temporary construction laydown areas; (iv) fencing, gates, boundary treatment and other means of enclosure; (v) provision of security and monitoring measures such as CCTV columns, lighting columns and lighting, cameras, and communication infrastructure; and (vi) drainage works; (g) creation of accesses from the highway; (h) creation of visibility splays; (i) upgrading and repairing of existing accesses; (j) highways improvements; (k) site preparation works and site clearance, including vegetation removal; (l) earthworks; (m) remediation of contamination; (n) alteration to locations of services and utilities infrastructure; (o) works for the benefit or protection of land affected by the authorised development; (p) landscaping and biodiversity mitigation and enhancement measures including planting to the extent not undertaken under Work No. 8; (q) sustainable drainage system ponds, depression storage, runoff outfalls, general drainage and irrigation infrastructure, including bunds, embankments, trenching, and swales, systems and improvements, maintenance or extensions to existing drainage and irrigation systems; (r) laying down of public rights of way diversions, signage and information boards and extinguishment of existing public rights of way; (s) works to alter, maintain and repair streets and access roads, including relocation, removal or provision of street signage and furniture in, under or above a street and works to facilitate traffic management; (t) alter, improve, form, maintain, retain, use (with or without vehicles, plant and machinery), remove, reinstate means of access to the authorised development including visibility splays and road widening and to remove impediments (including vegetation) to such access; (u) install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain electrical underground cables, earthing cables, optical fibre cables, data cables, telecommunications cables and other services, works associated with such cables including bays, ducts, protection and safety measures and equipment, and other apparatus and structures; (v) remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; and (w) restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove vegetation and restrict the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development. 3/35, 3/40, 3/46 Work No. 8 and Site Wide Works (a) landscape and biodiversity enhancement measures, including habitat creation and management and seating; (b) mitigation and biodiversity enhancement planting; (c) landscape reinforcement works; (d) works to allow installation of bridge crossings over non-navigable rivers and other watercourses and drains; (e) works to alter, maintain, repair or replace existing crossing structures over non-navigable rivers and other watercourses and drains; (f) site preparation works and site clearance, including vegetation removal; (g) remediation of contamination; (h) works for the benefit or protection of land affected by the authorised development; (i) landscaping and biodiversity mitigation and enhancement measures including planting to the extent not undertaken under Work No. 8; (j) earthworks; (k) sustainable drainage system ponds, depression storage, runoff outfalls, general drainage and irrigation infrastructure, including bunds, embankments, trenching, and swales, systems and improvements, maintenance or extensions to existing drainage and irrigation systems; (l) alter, improve, form, maintain, retain, use (with or without vehicles, plant and machinery), remove, reinstate means of access to the authorised development including visibility splays and road widening and to remove impediments (including vegetation) to such access; (m) install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain electrical underground cables, earthing cables, optical fibre cables, data cables, telecommunications cables and other services, works associated with such cables including bays, ducts, protection and safety measures and equipment, and other apparatus and structures; (n) remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; and (o) restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove vegetation and restrict the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development. 3/45 Work No. 4, Work No. 8 and Site Wide Works (a) laying of electrical cables to connect Work No. 3 to Sellindge Substation, including tunnelling, boring, open cut trenching and horizontal directional drilling works for trenchless crossings; (b) works to allow electrical cable crossings of non-navigable rivers, other watercourses and drains, permissive paths, public rights of way and other highways; (c) works to allow installation of bridge crossings over non-navigable rivers and other watercourses and drains; (d) crossing of Network Rail infrastructure either— (i) using existing electrical ducts; or (ii) through the installation of new cable ducts; (e) laying down of internal access tracks, ramps, means of access, footpaths, roads, landscaping and vegetation management, signage, information boards and temporary secured construction laydown areas; (f) extension of the Sellindge Substation including— (i) installation of new or amended structures, including outdoor air insulated switchgear or indoor gas insulated switchgear, circuit breakers, disconnectors, earth switches, bus-bars, steel supports and ancillary electrical infrastructure; (ii) laying down of access tracks, ramps, means of access, footpaths and roads; (iii) construction of a retaining wall, landscaping and vegetation management, signage, information boards and temporary construction laydown areas; (iv) fencing, gates, boundary treatment and other means of enclosure; (v) provision of security and monitoring measures such as CCTV columns, lighting columns and lighting, cameras, and communication infrastructure; and (vi) drainage works; (g) landscape and biodiversity enhancement measures, including habitat creation and management and seating; (h) mitigation and biodiversity enhancement planting; (i) landscape reinforcement works; (j) works to allow installation of bridge crossings over non-navigable rivers and other watercourses and drains; (k) works to alter, maintain, repair or replace existing crossing structures over non-navigable rivers and other watercourses and drains; (l) site preparation works and site clearance, including vegetation removal; (m) remediation of contamination; (n) works for the benefit or protection of land affected by the authorised development; (o) landscaping and biodiversity mitigation and enhancement measures including planting to the extent not undertaken under Work No. 8; (p) sustainable drainage system ponds, depression storage, runoff outfalls, general drainage and irrigation infrastructure, including bunds, embankments, trenching, and swales, systems and improvements, maintenance or extensions to existing drainage and irrigation systems; (q) alter, improve, form, maintain, retain, use (with or without vehicles, plant and machinery), remove, reinstate means of access to the authorised development including visibility splays and road widening and to remove impediments (including vegetation) to such access; (r) install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain electrical underground cables, earthing cables, optical fibre cables, data cables, telecommunications cables and other services, works associated with such cables including bays, ducts, protection and safety measures and equipment, and other apparatus and structures; (s) remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; and (t) restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove vegetation and restrict the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development. 3/49 Work No. 4, Work No. 8 and Site Wide Works (a) laying of electrical cables to connect Work No. 3 to Sellindge Substation, including tunnelling, boring, open cut trenching and horizontal directional drilling works for trenchless crossings; (b) works to allow electrical cable crossings of non-navigable rivers, other watercourses and drains, permissive paths, public rights of way and other highways; (c) works to allow installation of bridge crossings over non-navigable rivers and other watercourses and drains; (d) crossing of Network Rail infrastructure either— (i) using existing electrical ducts; or (ii) through the installation of new cable ducts; (e) laying down of internal access tracks, ramps, means of access, footpaths, roads, landscaping and vegetation management, signage, information boards and temporary secured construction laydown areas; (f) extension of the Sellindge Substation including— (i) installation of new or amended structures, including outdoor air insulated switchgear or indoor gas insulated switchgear, circuit breakers, disconnectors, earth switches, bus-bars, steel supports and ancillary electrical infrastructure; (ii) laying down of access tracks, ramps, means of access, footpaths and roads; (iii) construction of a retaining wall, landscaping and vegetation management, signage, information boards and temporary construction laydown areas; (iv) fencing, gates, boundary treatment and other means of enclosure; (v) provision of security and monitoring measures such as CCTV columns, lighting columns and lighting, cameras, and communication infrastructure; and (vi) drainage works; (g) landscape and biodiversity enhancement measures, including habitat creation and management and seating; (h) mitigation and biodiversity enhancement planting; (i) landscape reinforcement works; (j) works to allow installation of bridge crossings over non-navigable rivers and other watercourses and drains; (k) works to alter, maintain, repair or replace existing crossing structures over non-navigable rivers and other watercourses and drains; (l) site preparation works and site clearance, including vegetation removal; (m) earthworks; (n) remediation of contamination; (o) alteration to locations of services and utilities infrastructure; (p) works for the benefit or protection of land affected by the authorised development; (q) landscaping and biodiversity mitigation and enhancement measures including planting to the extent not undertaken under Work No. 8; (r) sustainable drainage system ponds, depression storage, runoff outfalls, general drainage and irrigation infrastructure, including bunds, embankments, trenching, and swales, systems and improvements, maintenance or extensions to existing drainage and irrigation systems; (s) alter, improve, form, maintain, retain, use (with or without vehicles, plant and machinery), remove, reinstate means of access to the authorised development including visibility splays and road widening and to remove impediments (including vegetation) to such access; (t) install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain electrical underground cables, earthing cables, optical fibre cables, data cables, telecommunications cables and other services, works associated with such cables including bays, ducts, protection and safety measures and equipment, and other apparatus and structures; (u) remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; and (v) restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove vegetation and restrict the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development. 1/5, 4/1, 4/2, 4/3 Work No. 5, Work No. 6 and Site Wide Works (a) fencing, gates, boundary treatment and other means of enclosure; (b) provision of security and monitoring measures such as CCTV columns, lighting columns and lighting, a fence detection system, cameras, weather stations, and communication infrastructure; (c) laying of electrical cables, including but not limited to electrical cables connecting Work No. 1, Work No. 2 and Work No. 3, including works to allow electrical cables crossings of non-navigable rivers, other watercourses and drains, permissive paths, public rights of way and other highways; (d) works to allow installation of bridge crossings over non-navigable rivers and other watercourses and drains; (e) laying down of internal access tracks (including fire access tracks), improvement of existing tracks, ramps, means of access, and roads, including construction signage and information boards; (f) provision of water tanks and pipework connection to hydrants located at inverter stations where BESS installed; (g) equipment and materials storage during construction and decommissioning phases; (h) creation of accesses from the highway; (i) creation of visibility splays; (j) upgrading and repairing of existing accesses; (k) highways improvements; (l) site preparation works and site clearance, including vegetation removal; (m) earthworks; (n) remediation of contamination; (o) alteration to locations of services and utilities infrastructure; (p) works for the benefit or protection of land affected by the authorised development; (q) landscaping and biodiversity mitigation and enhancement measures including planting to the extent not undertaken under Work No. 8; (r) sustainable drainage system ponds, depression storage, runoff outfalls, general drainage and irrigation infrastructure, including bunds, embankments, trenching, and swales, systems and improvements, maintenance or extensions to existing drainage and irrigation systems; (s) laying down of public rights of way diversions, signage and information boards and extinguishment of existing public rights of way; (t) works to alter, maintain and repair streets and access roads, including relocation, removal or provision of street signage and furniture in, under or above a street and works to facilitate traffic management; (u) alter, improve, form, maintain, retain, use (with or without vehicles, plant and machinery), remove, reinstate means of access to the authorised development including visibility splays and road widening and to remove impediments (including vegetation) to such access; (v) install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain electrical underground cables, earthing cables, optical fibre cables, data cables, telecommunications cables and other services, works associated with such cables including bays, ducts, protection and safety measures and equipment, and other apparatus and structures; (w) remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; and (x) restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove vegetation and restrict the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development. 3/20, 3/22 Work No. 5, Work No. 7 and Site Wide Works (a) fencing, gates, boundary treatment and other means of enclosure; (b) provision of security and monitoring measures such as CCTV columns, lighting columns and lighting, a fence detection system, cameras, weather stations, and communication infrastructure; (c) laying of electrical cables, including but not limited to electrical cables connecting Work No. 1, Work No. 2 and Work No. 3, including works to allow electrical cables crossings of non-navigable rivers, other watercourses and drains, permissive paths, public rights of way and other highways; (d) works to allow installation of bridge crossings over non-navigable rivers and other watercourses and drains; (e) laying down of internal access tracks (including fire access tracks), improvement of existing tracks, ramps, means of access, and roads, including construction signage and information boards; (f) provision of water tanks and pipework connection to hydrants located at inverter stations where BESS installed; (g) equipment and materials storage during construction and decommissioning phases; (h) compound areas including hardstanding, turning and loading areas, car parking, offices/welfare facilities, storage areas, waste skip areas, solar PV panel testing area, bunded area for storage of fuels and hydrocarbons, security fencing and hoarding; (i) an internal haulage road comprising temporary permeable ground protection mats including passing bays, means of access, and signage; (j) site preparation works and site clearance, including vegetation removal; (k) earthworks; (l) remediation of contamination; (m) alteration to locations of services and utilities infrastructure; (n) works for the benefit or protection of land affected by the authorised development; (o) landscaping and biodiversity mitigation and enhancement measures including planting to the extent not undertaken under Work No. 8; (p) sustainable drainage system ponds, depression storage, runoff outfalls, general drainage and irrigation infrastructure, including bunds, embankments, trenching, and swales, systems and improvements, maintenance or extensions to existing drainage and irrigation systems; (q) laying down of public rights of way diversions, signage and information boards and extinguishment of existing public rights of way; (r) works to alter, maintain and repair streets and access roads, including relocation, removal or provision of street signage and furniture in, under or above a street and works to facilitate traffic management; (s) alter, improve, form, maintain, retain, use (with or without vehicles, plant and machinery), remove, reinstate means of access to the authorised development including visibility splays and road widening and to remove impediments (including vegetation) to such access; (t) install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain electrical underground cables, earthing cables, optical fibre cables, data cables, telecommunications cables and other services, works associated with such cables including bays, ducts, protection and safety measures and equipment, and other apparatus and structures; (u) remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; and (v) restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove vegetation and restrict the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development. 3/1, 3/6 Work No. 5, Work No. 8 and Site Wide Works (a) fencing, gates, boundary treatment and other means of enclosure; (b) provision of security and monitoring measures such as CCTV columns, lighting columns and lighting, a fence detection system, cameras, weather stations, and communication infrastructure; (c) laying of electrical cables, including but not limited to electrical cables connecting Work No. 1, Work No. 2 and Work No. 3, including works to allow electrical cables crossings of non-navigable rivers, other watercourses and drains, permissive paths, public rights of way and other highways; (d) works to allow installation of bridge crossings over non-navigable rivers and other watercourses and drains; (e) laying down of internal access tracks (including fire access tracks), improvement of existing tracks, ramps, means of access, and roads, including construction signage and information boards; (f) provision of water tanks and pipework connection to hydrants located at inverter stations where BESS installed; (g) equipment and materials storage during construction and decommissioning phases; (h) landscape and biodiversity enhancement measures, including habitat creation and management and seating; (i) mitigation and biodiversity enhancement planting; (j) landscape reinforcement works; (k) works to allow installation of bridge crossings over non-navigable rivers and other watercourses and drains; (l) works to alter, maintain, repair or replace existing crossing structures over non-navigable rivers and other watercourses and drains; (m) site preparation works and site clearance, including vegetation removal; (n) earthworks; (o) remediation of contamination; (p) alteration to locations of services and utilities infrastructure; (q) works for the benefit or protection of land affected by the authorised development; (r) landscaping and biodiversity mitigation and enhancement measures including planting to the extent not undertaken under Work No. 8; (s) sustainable drainage system ponds, depression storage, runoff outfalls, general drainage and irrigation infrastructure, including bunds, embankments, trenching, and swales, systems and improvements, maintenance or extensions to existing drainage and irrigation systems; (t) laying down of public rights of way diversions, signage and information boards and extinguishment of existing public rights of way; (u) works to alter, maintain and repair streets and access roads, including relocation, removal or provision of street signage and furniture in, under or above a street and works to facilitate traffic management; (v) alter, improve, form, maintain, retain, use (with or without vehicles, plant and machinery), remove, reinstate means of access to the authorised development including visibility splays and road widening and to remove impediments (including vegetation) to such access; (w) install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain electrical underground cables, earthing cables, optical fibre cables, data cables, telecommunications cables and other services, works associated with such cables including bays, ducts, protection and safety measures and equipment, and other apparatus and structures; (x) remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; and (y) restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove vegetation and restrict the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development. 1/18, 3/14, 3/15, 3/16, 3/17 Work No. 5, Work No. 6, Work No. 7 and Site Wide Works (a) fencing, gates, boundary treatment and other means of enclosure; (b) provision of security and monitoring measures such as CCTV columns, lighting columns and lighting, a fence detection system, cameras, weather stations, and communication infrastructure; (c) laying of electrical cables, including but not limited to electrical cables connecting Work No. 1, Work No. 2 and Work No. 3, including works to allow electrical cables crossings of non-navigable rivers, other watercourses and drains, permissive paths, public rights of way and other highways; (d) works to allow installation of bridge crossings over non-navigable rivers and other watercourses and drains; (e) laying down of internal access tracks (including fire access tracks), improvement of existing tracks, ramps, means of access, and roads, including construction signage and information boards; (f) provision of water tanks and pipework connection to hydrants located at inverter stations where BESS installed; (g) equipment and materials storage during construction and decommissioning phases; (h) creation of accesses from the highway; (i) creation of visibility splays; (j) upgrading and repairing of existing accesses; (k) highways improvements; (l) compound areas including hardstanding, turning and loading areas, car parking, offices/welfare facilities, storage areas, waste skip areas, solar PV panel testing area, bunded area for storage of fuels and hydrocarbons, security fencing and hoarding; (m) an internal haulage road comprising temporary permeable ground protection mats including passing bays, means of access, and signage; (n) site preparation works and site clearance, including vegetation removal; (o) earthworks; (p) remediation of contamination; (q) alteration to locations of services and utilities infrastructure; (r) works for the benefit or protection of land affected by the authorised development; (s) landscaping and biodiversity mitigation and enhancement measures including planting to the extent not undertaken under Work No. 8; (t) sustainable drainage system ponds, depression storage, runoff outfalls, general drainage and irrigation infrastructure, including bunds, embankments, trenching, and swales, systems and improvements, maintenance or extensions to existing drainage and irrigation systems; (u) laying down of public rights of way diversions, signage and information boards and extinguishment of existing public rights of way; (v) works to alter, maintain and repair streets and access roads, including relocation, removal or provision of street signage and furniture in, under or above a street and works to facilitate traffic management; (w) alter, improve, form, maintain, retain, use (with or without vehicles, plant and machinery), remove, reinstate means of access to the authorised development including visibility splays and road widening and to remove impediments (including vegetation) to such access; (x) install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain electrical underground cables, earthing cables, optical fibre cables, data cables, telecommunications cables and other services, works associated with such cables including bays, ducts, protection and safety measures and equipment, and other apparatus and structures; (y) remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; and (z) restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove vegetation and restrict the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development. 1/6, 1/13, 1/15 Work No. 5, Work No. 6, Work No. 8 and Site Wide Works (a) fencing, gates, boundary treatment and other means of enclosure; (b) provision of security and monitoring measures such as CCTV columns, lighting columns and lighting, a fence detection system, cameras, weather stations, and communication infrastructure; (c) laying of electrical cables, including but not limited to electrical cables connecting Work No. 1, Work No. 2 and Work No. 3, including works to allow electrical cables crossings of non-navigable rivers, other watercourses and drains, permissive paths, public rights of way and other highways; (d) works to allow installation of bridge crossings over non-navigable rivers and other watercourses and drains; (e) laying down of internal access tracks (including fire access tracks), improvement of existing tracks, ramps, means of access, and roads, including construction signage and information boards; (f) provision of water tanks and pipework connection to hydrants located at inverter stations where BESS installed; (g) equipment and materials storage during construction and decommissioning phases; (h) creation of accesses from the highway; (i) creation of visibility splays; (j) upgrading and repairing of existing accesses; (k) highways improvements; (l) landscape and biodiversity enhancement measures, including habitat creation and management and seating; (m) mitigation and biodiversity enhancement planting; (n) landscape reinforcement works; (o) works to allow installation of bridge crossings over non-navigable rivers and other watercourses and drains; (p) works to alter, maintain, repair or replace existing crossing structures over non-navigable rivers and other watercourses and drains; (q) site preparation works and site clearance, including vegetation removal; (r) earthworks; (s) remediation of contamination; (t) alteration to locations of services and utilities infrastructure; (u) works for the benefit or protection of land affected by the authorised development; (v) landscaping and biodiversity mitigation and enhancement measures including planting to the extent not undertaken under Work No. 8; (w) sustainable drainage system ponds, depression storage, runoff outfalls, general drainage and irrigation infrastructure, including bunds, embankments, trenching, and swales, systems and improvements, maintenance or extensions to existing drainage and irrigation systems; (x) laying down of public rights of way diversions, signage and information boards and extinguishment of existing public rights of way; (y) works to alter, maintain and repair streets and access roads, including relocation, removal or provision of street signage and furniture in, under or above a street and works to facilitate traffic management; (z) alter, improve, form, maintain, retain, use (with or without vehicles, plant and machinery), remove, reinstate means of access to the authorised development including visibility splays and road widening and to remove impediments (including vegetation) to such access; (aa) install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain electrical underground cables, earthing cables, optical fibre cables, data cables, telecommunications cables and other services, works associated with such cables including bays, ducts, protection and safety measures and equipment, and other apparatus and structures; (bb) remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; and (cc) restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove vegetation and restrict the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development. 2/13, 3/7, 3/9, 3/11, 4/9 Work No. 5, Work No. 7, Work No. 8 and Site Wide Works (a) fencing, gates, boundary treatment and other means of enclosure; (b) provision of security and monitoring measures such as CCTV columns, lighting columns and lighting, a fence detection system, cameras, weather stations, and communication infrastructure; (c) laying of electrical cables, including but not limited to electrical cables connecting Work No. 1, Work No. 2 and Work No. 3, including works to allow electrical cables crossings of non-navigable rivers, other watercourses and drains, permissive paths, public rights of way and other highways; (d) works to allow installation of bridge crossings over non-navigable rivers and other watercourses and drains; (e) laying down of internal access tracks (including fire access tracks), improvement of existing tracks, ramps, means of access, and roads, including construction signage and information boards; (f) provision of water tanks and pipework connection to hydrants located at inverter stations where BESS installed; (g) equipment and materials storage during construction and decommissioning phases; (h) compound areas including hardstanding, turning and loading areas, car parking, offices/welfare facilities, storage areas, waste skip areas, solar PV panel testing area, bunded area for storage of fuels and hydrocarbons, security fencing and hoarding; (i) an internal haulage road comprising temporary permeable ground protection mats including passing bays, means of access, and signage; (j) landscape and biodiversity enhancement measures, including habitat creation and management and seating; (k) mitigation and biodiversity enhancement planting; (l) landscape reinforcement works; (m) works to allow installation of bridge crossings over non-navigable rivers and other watercourses and drains; (n) works to alter, maintain, repair or replace existing crossing structures over non-navigable rivers and other watercourses and drains; (o) site preparation works and site clearance, including vegetation removal; (p) earthworks; (q) remediation of contamination; (r) alteration to locations of services and utilities infrastructure; (s) works for the benefit or protection of land affected by the authorised development; (t) landscaping and biodiversity mitigation and enhancement measures including planting to the extent not undertaken under Work No. 8; (u) sustainable drainage system ponds, depression storage, runoff outfalls, general drainage and irrigation infrastructure, including bunds, embankments, trenching, and swales, systems and improvements, maintenance or extensions to existing drainage and irrigation systems; (v) laying down of public rights of way diversions, signage and information boards and extinguishment of existing public rights of way; (w) works to alter, maintain and repair streets and access roads, including relocation, removal or provision of street signage and furniture in, under or above a street and works to facilitate traffic management; (x) alter, improve, form, maintain, retain, use (with or without vehicles, plant and machinery), remove, reinstate means of access to the authorised development including visibility splays and road widening and to remove impediments (including vegetation) to such access; (y) install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain electrical underground cables, earthing cables, optical fibre cables, data cables, telecommunications cables and other services, works associated with such cables including bays, ducts, protection and safety measures and equipment, and other apparatus and structures; (z) remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; and (aa) restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove vegetation and restrict the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development. 2/11, 4/4 Work No. 5, Work No. 6, Work No. 7, Work No. 8 and Site Wide Works (a) fencing, gates, boundary treatment and other means of enclosure; (b) provision of security and monitoring measures such as CCTV columns, lighting columns and lighting, a fence detection system, cameras, weather stations, and communication infrastructure; (c) laying of electrical cables, including but not limited to electrical cables connecting Work No. 1, Work No. 2 and Work No. 3, including works to allow electrical cables crossings of non-navigable rivers, other watercourses and drains, permissive paths, public rights of way and other highways; (d) works to allow installation of bridge crossings over non-navigable rivers and other watercourses and drains; (e) laying down of internal access tracks (including fire access tracks), improvement of existing tracks, ramps, means of access, and roads, including construction signage and information boards; (f) provision of water tanks and pipework connection to hydrants located at inverter stations where BESS installed; (g) equipment and materials storage during construction and decommissioning phases; (h) creation of accesses from the highway; (i) creation of visibility splays; (j) upgrading and repairing of existing accesses; (k) highways improvements; (l) compound areas including hardstanding, turning and loading areas, car parking, offices/welfare facilities, storage areas, waste skip areas, solar PV panel testing area, bunded area for storage of fuels and hydrocarbons, security fencing and hoarding; (m) an internal haulage road comprising temporary permeable ground protection mats including passing bays, means of access, and signage; (n) landscape and biodiversity enhancement measures, including habitat creation and management and seating; (o) mitigation and biodiversity enhancement planting; (p) landscape reinforcement works; (q) works to allow installation of bridge crossings over non-navigable rivers and other watercourses and drains; (r) works to alter, maintain, repair or replace existing crossing structures over non-navigable rivers and other watercourses and drains; (s) site preparation works and site clearance, including vegetation removal; (t) earthworks; (u) remediation of contamination; (v) alteration to locations of services and utilities infrastructure; (w) works for the benefit or protection of land affected by the authorised development; (x) landscaping and biodiversity mitigation and enhancement measures including planting to the extent not undertaken under Work No. 8; (y) sustainable drainage system ponds, depression storage, runoff outfalls, general drainage and irrigation infrastructure, including bunds, embankments, trenching, and swales, systems and improvements, maintenance or extensions to existing drainage and irrigation systems; (z) laying down of public rights of way diversions, signage and information boards and extinguishment of existing public rights of way; (aa) works to alter, maintain and repair streets and access roads, including relocation, removal or provision of street signage and furniture in, under or above a street and works to facilitate traffic management; (bb) alter, improve, form, maintain, retain, use (with or without vehicles, plant and machinery), remove, reinstate means of access to the authorised development including visibility splays and road widening and to remove impediments (including vegetation) to such access; (cc) install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain electrical underground cables, earthing cables, optical fibre cables, data cables, telecommunications cables and other services, works associated with such cables including bays, ducts, protection and safety measures and equipment, and other apparatus and structures; (dd) remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; and (ee) restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove vegetation and restrict the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development. SCHEDULE 11 MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS Article 25 Compensation enactments 1 The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right or the imposition of a restrictive covenant as they apply as respects compensation on the compulsory purchase of land and interests in land. 2 1 Without limiting the scope of paragraph 1 , the Land Compensation Act 1973 has effect subject to the modifications set out in sub-paragraph (2) . 2 In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act (measure of compensation in case of severance) as substituted by paragraph 5 — a for “land is acquired or taken from” substitute “a right or restrictive covenant over land is purchased from or imposed on” ; and b for “acquired or taken from him” substitute “over which the right or the restrictive covenant is enforceable” . 3 1 Without limiting the scope of paragraph 1 , the 1961 Act has effect subject to the modification set out in sub-paragraph (2) . 2 For section 5A(5A) of the 1961 Act (relevant valuation date), after “If” substitute— a the acquiring authority enters on land for the purpose of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 7 of Schedule 11 to the Stonestreet Green Solar Order 2025); b the acquiring authority is subsequently required by a determination under paragraph 3 of Schedule 2A to the 1965 Act (as modified by paragraph 10 of Schedule 11 to the Stonestreet Green Solar Order 2025) to take the additional land; and c the acquiring authority enters on and takes possession of that land, the authority is deemed for the purposes of subsection (3)(a) to have entered on that land when it entered on that land for the purpose of exercising that right. Application of the 1965 Act 4 1 The 1965 Act has effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right, or to the imposition under this Order of a restrictive covenant, as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land must be read (according to the requirements of the particular context) as referring to, or as including references to— a the right acquired or to be acquired, or the restriction imposed or to be imposed; or b the land over which the right is or is to be exercisable, or the restriction is or is to be enforceable. 2 Without limiting the scope of sub-paragraph (1) , Part 1 of the 1965 Act applies in relation to the compulsory acquisition under this Order of a right by the creation of a new right or, in relation to the imposition of a restriction, with the modifications specified in the following provisions of this Schedule. 5 For section 7 of the 1965 Act (measure of compensation in case of severance) substitute— Measure of compensation in case of severance 7 In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act. . 6 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), that is to say— a section 9(4) (refusal to convey, failure to make title, etc); b paragraph 10(3) of Schedule 1 (persons without power to sell their interests); c paragraph 2(3) of Schedule 2 (absent and untraced owners); and d paragraphs 2(3) and 7(2) of Schedule 4 (common land), are modified 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 compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority. 7 Section 11 of the 1965 Act (powers of entry) is modified to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right or restriction, it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant (which is deemed for this purpose to have been created on the date of service of the notice); and sections 11A (powers of entry: further notices of entry), 11B (counter-notice requiring possession to be taken on specified date), 12 (unauthorised entry) and 13 (refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly. 8 Section 20 of the 1965 Act (tenants at will, etc) applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question. 9 Section 22 of the 1965 Act (interests omitted from purchase) is modified so 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 acquired, subject to compliance with that section as respects compensation. 10 For Schedule 2A of the 1965 Act substitute— SCHEDULE 2A COUNTER-NOTICE REQUIRING PURCHASE OF LAND Introduction 1 1 This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory and have not executed a general vesting declaration under section 4 of the 1981 Act as applied by article 27 (application of the 1981 Act) of the Stonestreet Green Solar Order 2025 in respect of the land to which the notice to treat relates. 2 But see article 28 (acquisition of subsoil and airspace only) of the Stonestreet Green Solar Order 2025 which excludes acquisition of subsoil or airspace only from this Schedule. 2 In this Schedule, “ house ” includes any park or garden belonging to a house. Counter-notice requiring purchase of land 3 A 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. 4 A 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. Response to counter-notice 5 On receiving a counter-notice, the acquiring authority must decide whether to— a withdraw the notice to treat; b accept the counter-notice; or c refer the counter-notice to the Upper Tribunal. 6 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”). 7 If the authority decides to refer the counter-notice to the Upper Tribunal they must do so within the decision period. 8 If the authority does 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. 9 If the authority serves 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. Determination by Upper Tribunal 10 On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would— a in the case of a house, building or factory, cause material detriment to the house, building or factory; or 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. 11 In making its determination, the Upper Tribunal must take into account— a the effect of the acquisition of the right or the imposition of the covenant; b the use to be made of the right or covenant proposed to be acquired or imposed; and c if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. 12 If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant 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. 13 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. 14 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 six weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. 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. 3 Any dispute as to the compensation is to be determined by the Upper Tribunal. . SCHEDULE 12 ACQUISITION OF WAYLEAVES, EASEMENTS AND OTHER RIGHTS Article 34 PART 1 ON BEHALF OF LICENCE HOLDERS Acquisition of necessary wayleaves 1 1 This paragraph applies where— a a licence holder has agreed in writing with the undertaker that it is necessary or expedient to remove an electric line within the Order limits and to install and keep installed an electric line in substitution for it on, under or over specified land; b the licence holder has agreed in writing that the undertaker may seek a necessary wayleave on behalf of the licence holder in respect of the specified land; and c the owner or occupier of the specified land, having been given a notice by the undertaker or the licence holder requiring him to give the necessary wayleave to the licence holder within a period (not being less than 21 days) specified in the notice— i has failed to give the wayleave before the end of that period; or ii has given the wayleave subject to terms and conditions to which the undertaker, following consultation with the licence holder, objects. 2 Subject to sub-paragraphs (3) and (4) below, the Secretary of State may, on the application of the undertaker, himself grant the necessary wayleave to the licence holder subject to such terms and conditions as he thinks fit; and a necessary wayleave so granted shall, unless previously terminated in accordance with a term contained in the wayleave, continue in force for such period as may be specified in the wayleave. 3 The Secretary of State shall not entertain an application under sub-paragraph (2) above in any case where— a the specified land is covered by a dwelling, or will be so covered on the assumption that any planning permission which is in force is acted on; and b the line is to be installed on or over the specified land. 4 Before granting the necessary wayleave to the licence holder, the Secretary of State shall afford— a the occupier of the specified land; and b where the occupier is not also the owner of the specified land, the owner, an opportunity of being heard by a person appointed by the Secretary of State. 5 A necessary wayleave granted to the licence holder under this paragraph— a shall not be subject to the provisions of any enactment requiring the registration of interests in, charges over or other obligations affecting land; but b shall bind any person who is at any time the owner or occupier of the specified land. 6 Where in pursuance of a necessary wayleave granted under this paragraph a licence holder has erected on any land supports for an electric line, he shall be deemed to have an interest in that land for the purposes of section 7 of the Mines (Working Facilities and Support) Act 1966. 7 Where a wayleave is granted to a licence holder under this paragraph— a the occupier of the specified land; and b where the occupier is not also the owner of the specified land, the owner, may recover from the undertaker compensation in respect of the grant. 8 Where in the exercise of any right conferred by such a wayleave any damage is caused to the specified land or to movables, any person interested in the specified land or movables may recover from the undertaker compensation in respect of that damage; and where in consequence of the exercise of such a right a person is disturbed in his enjoyment of any land or movables he may recover from the undertaker compensation in respect of that disturbance. 9 Compensation under this paragraph may be recovered as a lump sum or by periodical payments or partly in one way and partly in the other. 10 Any question of disputed compensation under this paragraph shall be determined by the Tribunal; and section 4 of the Land Compensation Act 1961 shall apply to any such determination. Compulsory acquisition of easements or other rights 2 1 This paragraph applies where— a a licence holder has agreed in writing with the undertaker that it is necessary or expedient to remove an electric line within the Order limits and to install and keep installed an electric line in substitution for it on, under or over specified land; and b the licence holder has agreed in writing that the undertaker may seek an easement or other right in land on behalf of the licence holder in respect of the specified land. 2 Subject to sub-paragraph (3) and (4) , where a compulsory purchase order is sought by the undertaker pursuant to sub-paragraph (1) , the Secretary of State may authorise the relevant licence holder to purchase compulsorily an easement or right over the specified land where the Secretary of State is satisfied that it is required for any purpose connected with the carrying on of the activities which he is authorised by his licence to carry on. 3 Part I (paragraphs 2 onwards) and Part II of Schedule 3 of the Electricity Act 1989 shall apply in respect of powers of compulsory purchase sought pursuant to this paragraph. 4 Unless otherwise agreed between the undertaker and the licence holder in writing, where the undertaker seeks a compulsory purchase order on behalf of a licence holder pursuant to this paragraph, the negotiation of consideration and compensation shall be undertaken by the undertaker and any consideration or compensation agreed or determined shall be payable by the undertaker and Schedule 3 of the Electricity Act 1989 as applied by this paragraph shall be interpreted accordingly. Interpretation 3 In this Part of this Schedule— “ dwelling ” means a building or part of a building occupied, or (if not occupied) last occupied or intended to be occupied, as a private dwelling and includes any garden, yard, outhouses and appurtenances belonging to or usually enjoyed with that building or part; “ licence holder ” means a person holding a licence under section 6 of the Electricity Act 1989; “ necessary wayleave ” means consent for the licence holder to install and keep installed the electric line on, under or over the specified land and to have access to the specified land for the purpose of inspecting, maintaining, adjusting, repairing, altering, replacing or removing the electric line; “ specified land ” means the land within or outside the Order limits on, under or over which a licence holder agrees, pursuant to paragraph 1 or 2 , that an electric line should be relocated in substitution for an existing electric line; and “ Tribunal ” means the Upper Tribunal in relation to England and Wales. PART 2 ON BEHALF OF CODE OPERATORS Court imposition of code rights 4 1 This paragraph applies where— a a code operator has agreed in writing with the undertaker that for the purpose of the authorised development it is necessary or expedient to remove electronic communications apparatus owned by the code operator within the Order limits and to install and keep installed electronic communications apparatus in substitution for it on, under or over specified land; b the code operator has agreed in writing that the undertaker may seek code rights on behalf of the code operator in respect of the specified land, including all of the other terms of the agreement sought; and c the code operator or the undertaker has given the relevant person a notice in writing— i setting out the code rights, and all of the other terms of the agreement sought, and ii stating that the person’s agreement to those terms is sought. 2 The undertaker may apply to the court for an order under this paragraph if the relevant person does not, before the end of 28 days beginning with the day on which the notice in sub-paragraph (1)(c) is given, agree to confer or be otherwise bound by the code rights. 3 An order under this paragraph is one which imposes on the code operator and the relevant person an agreement between them which— a confers the code rights on the operator, or b provides for the code rights to bind the relevant person. 4 Where the undertaker makes an application to the court under sub-paragraph (2) , paragraphs 21, 22, 23, 24 and 26 of Part 4 of Schedule 3A (The Electronic Communications Code) and Part 14 (Compensation under The Code) of the Communications Act 2003 shall apply as if— a (reference to the making of an ‘order under paragraph 20’ were substituted for the making of an order under Schedule 12 (acquisition of wayleaves, easements and other rights) of the Stonestreet Green Solar Order 2025; and b unless otherwise agreed on a case-by-case basis in writing between the undertaker and the code operator, all references to ’consideration’ or ’compensation’ provided for in any agreement or order or otherwise to be determined shall be read as being payable by the undertaker. Compulsory acquisition of easements or other rights 5 1 The undertaker may seek a compulsory purchase order on behalf of a code operator where— a the code operator has agreed in writing with the undertaker that for the purpose of the authorised development it is necessary or expedient to remove electronic communications apparatus owned by the operator within the Order limits and to install and keep installed electronic communications apparatus in substitution for it on, under or over specified land; b the code operator has agreed in writing that the undertaker may seek an easement or other rights over land on behalf of the code operator in respect of the specified land. 2 Subject to sub-paragraph (3) and (4) , where a compulsory purchase order is sought by the undertaker pursuant to sub-paragraph (1) , the Secretary of State may authorise the relevant code operator to purchase compulsorily the specified land or an easement or right over the specified land if the Secretary of State is satisfied that it is required by the code operator— a for, or in connection with, the establishment or running of the code operator’s network; or b as to which it can reasonably be foreseen that it will be so required. 3 Subject to sub-paragraph (4) , paragraphs 3(2) to 3(7) of Schedule 4 of the Communications Act 2003 shall apply in respect of powers of compulsory purchase sought pursuant to this paragraph. 4 Unless otherwise agreed between the undertaker and the licence holder in writing, where the undertaker seeks a compulsory purchase order on behalf of a code operator pursuant to this paragraph, all negotiations of compensation shall be undertaken by the undertaker and any consideration or compensation agreed or determined in respect of any easements or rights acquired shall be payable by the undertaker and Schedule 4 of the Communications Act 2003 shall be interpreted accordingly as it applies to this paragraph. Interpretation 6 In this Part of this Schedule, the following terms have the following meanings— “ code operator’s network ” has the meaning given for ‘operator’s network’ in paragraph 6 of Schedule 3A of the Communications Act 2003; “ code rights ” has the meaning given in paragraph 3 of Schedule 3A of the Communications Act 2003; “ court ” has the meaning given in paragraph 94 of Schedule 3A of the Communications Act 2003; “ electronic communications apparatus ” has the meaning given in paragraph 5 of Schedule 3A of the Communications Act 2003; “ code operator ” has the meaning given for an ‘operator’ in paragraph 2 of Schedule 3A of the Communications Act 2003; “ relevant person ” means the person in respect of whose interest in land a code right is required; “ specified land ” means the land within or outside the Order limits on, under or over which an operator agrees, pursuant to paragraph 4(1) , that electronic communications apparatus should be relocated in substitution for existing electronic communications apparatus. PART 3 ON BEHALF OF WATER AND SEWERAGE UNDERTAKERS Compulsory acquisition of easements or other rights 7 1 The undertaker may seek a compulsory purchase order on behalf of a water or sewerage undertaker where— a the water or sewerage undertaker has agreed in writing with the undertaker that for the purpose of the authorised development it is necessary or expedient to remove water or sewerage apparatus owned by the water or sewerage undertaker within the Order limits and to install and keep installed alternative apparatus in substitution for it on, under or over specified land; b the water or sewerage undertaker has agreed in writing that the undertaker may seek an easement or other rights over land on behalf of the water or sewerage undertaker in respect of the specified land. 2 Subject to sub-paragraph (3) , where a compulsory purchase order is sought by the undertaker pursuant to sub-paragraph (1) , the Secretary of State may authorise the relevant water or sewerage undertaker to purchase compulsorily the specified land or an easement or right over the specified land where the Secretary of State is satisfied that it is required by the water or sewerage undertaker for the purposes of, or in connection with, the carrying out of its functions. 3 Section 155(3) to (6) of the Water Industry Act 1991 shall apply in respect of powers of compulsory purchase sought pursuant to this paragraph. 4 Unless otherwise agreed between the undertaker and the water or sewerage undertaker in writing, where the undertaker seeks a compulsory purchase order on behalf of a water or sewerage undertaker pursuant to this paragraph, all negotiations of compensation shall be undertaken by the undertaker and any consideration or compensation agreed or determined in respect of any easements or rights acquired shall be payable by the undertaker. 5 In this paragraph— “ alternative apparatus ” means alternative water or sewerage apparatus adequate to enable the water or sewerage undertaker in question to fulfil its statutory functions in a manner not less efficient than previously; “ specified land ” means the land within or outside the Order limits on, under or over which a water or sewerage undertaker agrees, pursuant to sub-paragraph (1) , that alternative apparatus should be relocated in substitution for existing relevant water or sewerage apparatus. “ water or sewerage undertaker ” means ’water undertaker’ or ’sewerage undertaker’ as defined in the Water Industry Act 1991; and “ water or sewerage apparatus ” means (i) mains, pipes or other water apparatus belonging to or maintained by a water undertaker for the purposes of water supply; and (ii) any drain or works vested in a sewerage undertaker, and any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of the Water Industry Act 1991 or an agreement to adopt made under section 104 of that Act, and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pimps, or other accessories forming part of any such sewer, drain or works, and in each case includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus. PART 4 ON BEHALF OF GAS TRANSPORTERS Compulsory acquisition of easements or other rights 8 1 The undertaker may seek a compulsory purchase order on behalf of a gas transporter where— a the gas transporter has agreed in writing with the undertaker that for the purpose of the authorised development it is necessary or expedient to remove gas apparatus owned by the gas transporter within the Order limits and to install and keep installed gas apparatus in substitution for it on, under or over specified land; or b the gas transporter has agreed in writing that the undertaker may seek an easement or other rights over land on behalf of the gas transporter in respect of the specified land. 2 Subject to sub-paragraph (3) and (4) , where a compulsory purchase order is sought by the undertaker pursuant to sub-paragraph (1) , the Secretary of State may authorise the relevant gas transporter to purchase compulsorily an easement or right over the specified land. 3 Schedule 3 of the Gas Act 1986 shall apply in respect of powers of compulsory purchase sought pursuant to this paragraph. 4 Where the undertaker seeks a compulsory purchase order on behalf of a gas transporter pursuant to this paragraph, all negotiations of compensation shall be undertaken by the undertaker, unless otherwise agreed with the gas transporter, and any consideration or compensation agreed or determined in respect of any easements or rights acquired shall be payable by the undertaker only (unless otherwise agreed with the operator). 5 In this paragraph— “ alternative apparatus ” means alternative gas apparatus adequate to enable the gas transporter in question to fulfil its statutory functions in a manner not less efficient than previously; “ gas apparatus ” means any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purpose of gas supply; “ gas transporter ” has the meaning given in Part 1 of the Gas Act 1986; and “ specified land ” means land within or outside the Order limits on, under or over which a gas transporter agrees, pursuant to sub-paragraph (1) , that alternative apparatus should be relocated in substitution for existing gas apparatus. SCHEDULE 13 PROTECTIVE PROVISIONS Article 37 PART 1 FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS Application 1 For the protection of the affected undertakers referred to in this Part of this Schedule (save for any utility undertakers which are specifically protected by any other Part of this Schedule, which will take precedence) the following provisions have effect, unless otherwise agreed in writing between the undertaker and the affected undertaker concerned. Interpretation 2 In this Part of this Schedule— “ affected undertaker ” means— any licence holder within the meaning of Part 1 (electricity supply) of the 1989 Act; a gas transporter within the meaning of Part 1 (gas supply) of the Gas Act 1986 ; a water undertaker within the meaning of the Water Industry Act 1991 ; or a sewerage undertaker within the meaning of Part 1 (preliminary) of the Water Industry Act 1991, for the area of the authorised development but, for the avoidance of doubt, does not include the undertakers specified in Parts 3 to 7 of this Schedule, and in relation to any apparatus, means the undertaker to whom it belongs or by whom it is maintained; “ alternative apparatus ” means alternative apparatus adequate to enable the affected undertaker in question to fulfil its statutory functions in a manner not less efficient than previously; “ apparatus ” means— in the case of an electricity undertaker, electric lines or electric plant (as defined in the 1989 Act), belonging to or maintained by that affected undertaker; in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply; in the case of a water undertaker— mains, pipes or other apparatus belonging to or maintained by that affected undertaker for the purposes of water supply; and any water mains or service pipes (or part of a water main or service pipe) that is the subject of an agreement to adopt made under section 51A (agreements to adopt water main or service pipe at future date) of the Water Industry Act 1991; in the case of a sewerage undertaker— any drain or works vested in the affected undertaker under the Water Industry Act 1991; and any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) (adoption of sewers and disposal works) of that Act or an agreement to adopt made under section 104 of that Act, and includes a sludge main, disposal main (within the meaning of section 219 (general interpretation) of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus; “ functions ” includes powers and duties; and “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. Precedence of the 1991 Act in respect of apparatus in the streets 3 This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and the affected undertaker are regulated by the provisions of Part 3 (water supply) of the Water Industry Act 1991. Removal of apparatus 4 1 If, for the purpose of executing any works in, on or under any land purchased, held, or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to the affected undertaker in question written notice of that 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 and in that case (or if in consequence of the exercise of any of the powers conferred by this Order an affected undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (2) , afford to the affected undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus. 2 If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (1) , in the land in which the alternative apparatus or part of such apparatus is to be constructed, the affected undertaker in question must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use reasonable endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed. 3 Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the affected undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 44 (arbitration). 4 The affected undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 44 (arbitration) and after the grant to the affected undertaker of any such facilities and rights as are referred to in sub-paragraph (1) or (2) , proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule. 5 Regardless of anything in sub-paragraph (4) , if the undertaker gives notice in writing to the affected undertaker in question that it desires itself to execute any work, or part of any work in connection with the construction or removal of apparatus in any land controlled by the undertaker, that work, instead of being executed by the affected undertaker, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the affected undertaker. Facilities and rights for alternative apparatus 5 1 Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to an affected undertaker facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and the affected undertaker in question or in default of agreement settled by arbitration in accordance with article 44 (arbitration). 2 If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the affected undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to that affected undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case. Retained apparatus 6 1 Not less than 28 days before starting the execution of any works of the type referred to in paragraph 4(1) that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 4(1) , the undertaker must submit to the affected undertaker in question a plan, section and description of the works to be executed. 2 Those works must be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the affected undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the affected undertaker is entitled to watch and inspect the execution of those works. 3 Any requirements made by an affected undertaker under sub-paragraph (2) must be made within a period of 21 days beginning with the date on which a plan, section and description under sub-paragraph (1) are submitted to it. 4 If an affected undertaker in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 1 to 5 apply as if the removal of the apparatus had been required by the undertaker under paragraph 4(1) . 5 Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan, section and description. 6 The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to the affected undertaker in question notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances. Expenses and costs 7 1 Subject to the following provisions of this paragraph, the undertaker must repay to an affected undertaker the reasonable expenses incurred by that affected undertaker 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 4(1) . 2 There must be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule, that value being calculated after removal. 3 If in accordance with the provisions of this Part of this Schedule— a apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or b apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was, and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 44 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the affected undertaker in question by virtue of sub-paragraph (1) must be reduced by the amount of that excess. 4 For the purposes of sub-paragraph (3) — a an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and b where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be to be treated as if it also had been agreed or had been so determined. 5 An amount which apart from this sub-paragraph would be payable to an affected undertaker in respect of works by virtue of sub-paragraph (1) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the affected undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit. 8 1 Subject to sub-paragraphs (2) and (3) , if by reason or in consequence of the construction of any such works referred to in paragraph 4(1) , any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of an affected undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any affected undertaker, the undertaker must— a bear and pay the cost reasonably incurred by that affected undertaker in making good such damage or restoring the supply; and b provide reasonable compensation to that affected undertaker for any other expenses, loss, damages, penalty or costs incurred by the affected undertaker, by reason or in consequence of any such damage or interruption. 2 Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an affected undertaker, its officers, servants, contractors or agents. 3 An affected undertaker must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise may be made without the consent of the undertaker which, if it withholds such consent, will have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand. Enactments and agreements 9 Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and an affected undertaker in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made. PART 2 FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS 10 For the protection of any operator, the following provisions have effect, unless otherwise agreed in writing between the undertaker and the operator. 11 In this Part of this Schedule— “ the 2003 Act ” means the Communications Act 2003 ; “ the code rights ” has the same meaning as in the Paragraph 3 of the electronic communications code ; “ electronic communications apparatus ” has the same meaning as in the electronic communications code; “ the electronic communications code ” has the same meaning as in Chapter 1 of Part 2 of the 2003 Act; “ electronic communications code network ” means— so much of an electronic communications network or infrastructure system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 (Application of the electronic communications code) of the 2003 Act; and an electronic communications network which the undertaker is providing or proposing to provide. “ electronic communications code operator ” means a person in whose case the electronic communications code is applied by a direction under section 106 (Application of the electronic communications code) of the 2003 Act; “ infrastructure system ” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7(2) of that code; and “ operator ” means the operator of an electronic communications code network. 12 The exercise of the powers conferred by this Order is subject to Part 10 (undertaker’s works affecting electronic communications apparatus) of the electronic communications code. 13 1 Subject to sub-paragraph (2) , if as a result of the authorised development or its construction, or of any subsidence resulting from any of the authorised development— a any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the authorised development), or other property of an operator; or b there is any interruption in the supply of the service provided by an operator, the undertaker must bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and make reasonable compensation to that operator for any other reasonable expenses, loss, damages, penalty or costs incurred by it, by reason, or in consequence of, any such damage or interruption. 2 Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an operator, its officers, servants, contractors or agents. 14 The operator must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand is to be made without the consent of the undertaker and if such consent, is withheld, the undertaker has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand. 15 Any difference arising between the undertaker and the operator under this Part of this Schedule must be referred to and settled by arbitration under article 44 (arbitration). 16 This Part of this Schedule does not apply to— a any apparatus in respect of which the relations between the undertaker and an operator are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act; or b any damage, or any interruption, caused by electro-magnetic interference arising from the construction or use of the authorised development. 17 Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and an operator in respect of any apparatus in land belonging to the undertaker on the date on which this Order is made. PART 3 FOR THE PROTECTION OF SOUTHERN WATER 18 For the protection of Southern Water, the following provisions have effect, unless otherwise agreed in writing between the undertaker and Southern Water. 19 In this Part of this Schedule— “ alternative apparatus ” means alternative apparatus adequate to enable Southern Water to fulfil its statutory functions in not less efficient a manner than previously; “ apparatus ” means— any works, mains, pipes, pumping stations, connections, water booster stations or any other ancillary apparatus belonging to or maintained by Southern Water for the purposes of water supply, water removal or drainage; any drain or works vested in Southern Water under the Water Industry Act 1991; and any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) (adoption of sewers and disposal works) of the Water Industry Act 1991 or an agreement to adopt made under section 104 (agreements to adopt sewer, drain or sewage disposal works, at a future date) of that Act, and includes a sludge main, disposal main or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any sewer, drain, or works (within the meaning of section 219 (general interpretation) of that Act) and any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus; “ functions ” includes powers and duties; “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; “ plan ” includes all designs, drawings, design principles, site locations, accesses, soil reports, programmes, calculations, risk assessments, standoff distances, sections, drawings, specifications, method statements and other documents that are reasonably necessary to properly and sufficiently to describe the works to be executed; and “ Southern Water ” means Southern Water Services Limited, company number 02366670, whose registered office is at Southern House, Yeoman Road, Worthing, West Sussex, BN13 3NX. Precedence of the 1991 Act in respect of apparatus in streets 20 This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and Southern Water are regulated by the provisions of Part 3 (water supply) of the 1991 Act. Apparatus in closed streets 21 Regardless of the temporary closure or diversion of any street under the powers conferred by article 17 (public rights of way – stopping up and vehicular use on public rights of way), Southern Water is at liberty at all times to take all necessary access across any such closed street and to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the closure or diversion was in that street subject to serving 7 days’ notice on the undertaker (save in cases of emergency). Removal of apparatus 22 1 If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or requires that Southern Water’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule and any right of Southern Water to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of Southern Water in accordance with sub-paragraphs (1) to (8) and until— a any requirement for a permit under the Environmental Permitting (England and Wales) Regulations 2016 or other legislation and any other associated consents are obtained, and any approval or agreement required from Southern Water on alternative locations as a result of such re-location are approved, such approvals from Southern Water not to be unreasonably withheld or delayed; and b the undertaker has made the appropriate application required under the Water Industry Act 1991 together with a plan and section of the works proposed and Southern Water has agreed all of the documentation required under the Water Industry Act 1991, such agreement not to be unreasonably withheld or delayed; and such works to be executed only in accordance with the plan, section and description submitted and in accordance with such reasonable requirements as may be made by Southern Water for the alteration or otherwise for the protection of the apparatus, or for securing access to it. 2 If, for the purpose of executing any works in, on or under any land purchased, held, or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to Southern Water written notice of that 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 and in that case (or if in consequence of the exercise of any of the powers conferred by this Order Southern Water reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3) , afford to Southern Water the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus. 3 If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) , in the land in which the alternative apparatus or part of such apparatus is to be constructed, Southern Water must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use reasonable endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation shall not extend to the requirement for Southern Water to use its compulsory purchase powers to this end unless it elects to do so. 4 Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between Southern Water and the undertaker or in default of agreement settled by arbitration in accordance with article 44 (arbitration). 5 Southern Water must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 44 (arbitration) and after the grant to Southern Water of any such facilities and rights as are referred to in sub-paragraphs (2) or (3) , proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule. 6 Regardless of anything in sub-paragraph (5) , if the undertaker gives notice in writing to Southern Water that it desires itself to execute any work, or part of any work in connection with the construction or removal of apparatus in any land controlled by the undertaker, and Southern Water will refer to its own guidance, policies and specifications for carrying out works of that nature, and if agreed by Southern Water (such agreement not to be unreasonably withheld or delayed), that work, instead of being executed by Southern Water, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of Southern Water. 7 Whenever alternative apparatus is to be or is being substituted for existing apparatus, the undertaker will, before taking any steps that will trigger the need for those substitution works, use best endeavours to comply with Southern Water’s reasonable requests for a reasonable period of time to enable Southern Water to— a make network contingency arrangements; or b bring such matters as it may consider reasonably necessary to the attention of end users of the utility in question. 8 Nothing in sub-paragraph (6) authorises the undertaker to execute the 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 the standoff distances agreed between the parties under sub-paragraph (2) and for the purposes of a sewer or rising main is the standard protective strip which is the strip of land falling 3 metres either side of the sewer or rising main or so as to require any special measures that are outside industry standard measures other than in accordance with paragraph 26 (retained apparatus) below unless otherwise agreed with Southern Water, such agreement not to be unreasonably withheld or delayed, with such provision being brought promptly to the attention of any agent or contractor responsible for carrying out any work on behalf of the undertaker. Access 23 1 If in consequence of the exercise of the powers conferred by the Order the access to any apparatus is obstructed or rendered materially less convenient (in Southern Water’s opinion, acting reasonably) the undertaker must provide such alternative means of access to such apparatus as will enable Southern Water to maintain or use the apparatus no less effectively or conveniently than was possible before such obstruction. 2 Where the undertaker proposes to provide to Southern Water an alternative means of access to any apparatus in compliance with sub-paragraph (1) , the powers conferred by the Order must not be exercised until Southern Water has approved the proposed alternative means of access (such approval not to be unreasonably withheld or delayed). Facilities and rights for alternative apparatus 24 1 Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to Southern Water facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and Southern Water or in default of agreement settled by arbitration in accordance with article 44 (arbitration). 2 If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to Southern Water than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to Southern Water as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case. Identification and notification of apparatus 25 If in consequence of the exercise of the powers conferred by the Order, previously unmapped sewers, lateral drains or other apparatus are identified by the undertaker, notification of the location of such assets must immediately be given to Southern Water and afforded the same protection of other Southern Water assets. Retained apparatus 26 1 Not less than 28 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used pursuant to the powers of this Order that are near to, or will or may affect, any apparatus where the removal of which has not been required by the undertaker, the undertaker must submit to Southern Water for approval a plan, section and description of the works to be executed. 2 The undertaker must not commence the works outlined in sub-paragraph (1) until the plan of works has been approved by Southern Water (such approval not to be unreasonably withheld or delayed). 3 Those works must be executed only in accordance with the plan, section and description submitted and approved under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (4) by Southern Water for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and Southern Water is entitled to watch and inspect the execution of those works. 4 Any reasonable requirements made by Southern Water under sub-paragraph (3) shall be made within a period of 21 days beginning with the date on which a plan, section and description under sub-paragraph (1) are submitted to it. 5 If the revised plan of works is not approved within 21 days, either the undertaker or Southern Water may require a meeting to be held within 28 days of submission of the revised plan of works between the chief engineers or a suitably qualified alternative representative of the undertaker and Southern Water to agree the plan of works. 6 If the undertaker and Southern Water fail to reach an agreement on the plan of works, the dispute shall be resolved in accordance with article 44 (arbitration). 7 If Southern Water in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 18 to 20 and 23 to 25 apply as if the removal of the apparatus had been required by the undertaker under paragraph 22(2) . 8 Nothing in this paragraph shall preclude the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph shall apply to and in respect of the new plan, section and description. 9 The undertaker is not required to comply with sub-paragraph 26(1) in a case of emergency but in that case it must give to Southern Water notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances. 10 For the purposes of sub-paragraph (1) , works are deemed to be in land near Southern Water’s apparatus if those works fall within the standoff distances agreed between the parties under sub-paragraph (2) . Expenses and costs 27 1 Subject to the following provisions of this paragraph, the undertaker must repay to Southern Water the reasonable expenses incurred by Southern Water 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 22(2) . 2 There must be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule, that value being calculated after removal. 3 If in accordance with the provisions of this Part of this Schedule— a apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or b apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was, and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 44 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to Southern Water in question by virtue of sub-paragraph (1) must be reduced by the amount of that excess. 4 For the purposes of sub-paragraph (3) — a an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and b where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be to be treated as if it also had been agreed or had been so determined. 5 An amount which apart from this sub-paragraph would be payable to Southern Water in respect of works by virtue of sub-paragraph (1) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on Southern Water any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit. 28 1 Subject to sub-paragraphs (2) and (3) , if by reason or in consequence of the construction of any such works referred to in paragraph 22(1) any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of Southern Water, or there is any interruption in any service provided, or in the supply of any goods, by Southern Water, the undertaker must— a bear and pay the cost reasonably incurred by Southern Water in making good such damage or restoring the supply; and b provide reasonable compensation to Southern Water for any other expenses, loss, damages, penalty or costs incurred by Southern Water, by reason or in consequence of any such damage or interruption. 2 The fact that any act or thing may have been done by Southern Water on behalf of the undertaker or in accordance with a plan approved by Southern Water or in accordance with any requirement of Southern Water or under its supervision does not, subject to sub-paragraph (3) , excuse the undertaker from liability under the provisions of sub-paragraph (1) . 3 Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of Southern Water, its officers, servants, contractors or agents. 4 Southern Water must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise may be made without the consent of the undertaker which, if it withholds such consent, will have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand. Arbitration 29 For the avoidance of doubt any difference under any provision of this Part of this Schedule, unless otherwise provided for, shall be referred to and settled by arbitration in accordance with article 44 (arbitration), by a single arbitrator to be agreed upon by the parties, within 14 days of receipt of the notice of arbitration, or if the parties fail to agree within the time period stipulated, to be appointed on application of either party (after giving written notice to the other) by the Secretary of State. Acquisition of land 30 Regardless of any provision in the Order or anything shown on the land plans, the undertaker must not acquire any apparatus other by agreement with Southern Water. Enactments and agreements 31 Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and Southern Water in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made. PART 4 FOR THE PROTECTION OF SOUTH EASTERN POWER NETWORKS PLC Application 32 1 For the protection of the utility undertakers referred to in this Part of this Schedule, the following provisions have effect, unless otherwise agreed in writing between the undertaker and the utility undertakers concerned. 2 The provisions of this Part of this Schedule will not apply to any authorised development carried out by UK Power Networks or National Grid pursuant to article 6 (benefit of the Order) or article 7 (consent to transfer benefit of the Order) of this Order. Interpretation 33 In this Part of this Schedule— “ alternative apparatus ” means alternative apparatus adequate to enable the utility undertaker in question to fulfil its statutory functions in a manner no less efficient than previously; “ apparatus ” means electric lines and electrical plant (as defined in section 64(1) of the Electricity Act 1989) belonging to or maintained by the utility undertaker; “ functions ” includes powers and duties; “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; “plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed; “ specified works ” means any of the authorised development which— will or may be situated within 15 metres measured in any direction of any apparatus the removal of which has not been required by the undertaker under paragraph 37(2) or otherwise; or may in any way adversely affect any apparatus the removal of which has not been required by the undertaker under paragraph 37(2) or otherwise; and “ utility undertaker ” means South Eastern Power Networks plc, whose registered office is at Newington House, 237, Southwark Bridge Road, London, SE1 6NP. On street apparatus 34 This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and the utility undertaker are regulated by the provisions of Part 3 of the 1991 Act. Apparatus in stopped up rights of way 35 1 Where any public right of way is closed or stopped up under article 17 (public rights of way – stopping up and vehicular use on public rights of way) and the utility undertaker has apparatus in that public right of way, the utility undertaker will continue to have the same powers and rights in respect of that apparatus as it enjoyed immediately before the closure or stopping up and the undertaker must grant to the utility undertaker legal easements reasonably satisfactory to the utility undertaker in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the undertaker or of the utility undertaker to require the removal of that apparatus under paragraph 37 (removal of apparatus) or the power of the undertaker to carry out works under paragraph 39 (retained apparatus). 2 Regardless of the temporary closure or diversion of any street under the powers of article 10 (street works and temporary closure of streets and private means of access), the utility undertaker is at liberty at all times to take all necessary access across any such closed or diverted street and to execute and do all such works and things in any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the closure or diversion was in that street. Acquisition of land 36 Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus otherwise than by agreement with the utility undertaker. Removal of apparatus 37 1 If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or requires that apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule and any right of the utility undertaker in that land must not be extinguished until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the utility undertaker in accordance with sub-paragraphs (2) to (5) . 2 If, for the purpose of executing any specified works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to the utility undertaker no less than 28 days’ written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order the utility undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3) , afford to the utility undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance and use of that apparatus. 3 If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed, the utility undertaker must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use reasonable endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed, save that this obligation does not extend to the requirement for the utility undertaker to use its powers of compulsory acquisition unless it elects to do so. 4 Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the utility undertaker and the undertaker or in default of agreement settled by arbitration in accordance with article 44 (arbitration). 5 The utility undertaker must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 44 (arbitration), and after the grant to the utility undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule. 6 Regardless of anything in sub-paragraph (5) , if the undertaker gives notice in writing to the utility undertaker that the undertaker desires itself to execute any work, or part of any work in connection with the construction or removal of apparatus in any land of the undertaker, that work, instead of being executed by the utility undertaker, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the utility undertaker. Facilities and rights for alternative apparatus 38 1 Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to the utility undertaker necessary facilities and rights in land for the construction and maintenance of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms as may be agreed between the undertaker and the utility undertaker and must be no less favourable on the whole to the utility undertaker than the facilities and rights enjoyed by it in respect of the apparatus to be removed, unless otherwise agreed by the utility undertaker, such agreement not to be unreasonably withheld. 2 If the facilities and rights to be afforded by the undertaker and agreed with the utility undertaker under sub-paragraph (1) above in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to the utility undertaker than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the matter may be referred to arbitration in accordance with paragraph 45 (arbitration) and the arbitrator must make such provision for the payment of compensation by the undertaker to the utility undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case. Retained apparatus 39 1 Not less than 28 days before the commencement of any specified works, the undertaker must submit to the utility undertaker a plan of the works to be executed. 2 The plan to be submitted to the utility undertaker under sub-paragraph (1) must include a method statement and describe— a the exact position of the works; b the level at which they are proposed to be constructed or renewed; c the manner of their construction or renewal; d the position of all apparatus; and e by way of detailed drawings, every alteration proposed to be made to such apparatus. 3 The undertaker must not commence any specified works until the utility undertaker has given written approval of the plan so submitted. 4 Any approval of the utility undertaker given under sub-paragraph (3) — a may be given subject to reasonable conditions for any purpose mentioned in sub-paragraph 39(5) ; b must not be unreasonably withheld; and c will be deemed approved if no response is provided by the utility undertaker within 28 days. 5 The utility undertaker may require such modifications to be made to the plan as may be reasonably necessary for the purpose of securing its apparatus against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus. 6 Specified works must be executed in accordance with the plan submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph 39(5) by the utility undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the utility undertaker will be entitled to watch and inspect the execution of those works where reasonably practicable to do so and in accordance with any relevant health and safety legislation. 7 Any requirements made by the utility undertaker under sub-paragraph 39(5) are to be made within a period of 14 days beginning with the date on which the plan is submitted to it. 8 If the utility undertaker, in accordance with sub-paragraph 39(5) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 32 to 34 and 36 to 38 apply as if the removal of the apparatus had been required by the undertaker under paragraph 37(2) . 9 Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any specified works, a new plan instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan. 10 The undertaker is not required to comply with sub-paragraph (1) in a case of emergency works but in that case it must give to the utility undertaker notice as soon as is reasonably practicable and a plan of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph 39(5) in so far as is reasonably practicable in the circumstances. 11 In sub-paragraph (10) , “ emergency works ” means works whose execution at the time when they are executed is required in order to put an end to, or to prevent the occurrence of, circumstances then existing or imminent (or which the person responsible for the works believes on reasonable grounds to be existing or imminent) which are likely to cause danger to persons or property. Expenses and costs 40 1 Subject to the following provisions of this paragraph, the undertaker must repay to the utility undertaker within 30 days of receipt of an itemised VAT invoice from the utility undertaker all expenses reasonably and properly incurred by the utility undertaker in, or in connection with the inspection, removal, alteration, relaying, replacing or protection of any apparatus or the construction of any alternative apparatus which may be required in consequence of the execution of any specified works. 2 There must be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule, that value being calculated after removal. 3 If in accordance with the provisions of this Part of this Schedule— a apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or b apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated, and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 44 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the utility undertaker by virtue of sub-paragraph (1) must be reduced by the amount of that excess. 4 For the purposes of sub-paragraph (3) — a an extension of apparatus to a length greater than the length of existing apparatus must not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus where such extension is required in consequence of the execution of specified works; and b where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole must be treated as if it also had been agreed or had been so determined. 5 Any amount which apart from this sub-paragraph would be payable to the utility undertaker in respect of works by virtue of sub-paragraph (1) , if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the utility undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit. 41 1 Subject to sub-paragraphs (2) and (3) , if by reason or in consequence of the construction of any specified works any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of the utility undertaker, or there is any interruption in any service provided, or in the supply of any goods, by the utility undertaker, the undertaker must— a bear and pay within 30 days of receipt of an itemised invoice from the utility undertaker the cost reasonably and properly incurred by the utility undertaker in making good such damage or restoring the supply; and b reimburse the utility undertaker for and indemnify for any other losses, expenses, demands, proceedings, damages, claims, penalty or costs properly incurred by or recovered from the utility undertaker, by reason or in consequence of any such damage or interruption or the utility undertaker becoming liable to any third party as aforesaid other than arising from any default of the utility undertaker. 2 The fact that any act or thing may have been done by the utility undertaker on behalf of the undertaker or in accordance with a plan approved by the utility undertaker or in accordance with any requirement of utility undertaker or under its supervision will not, subject to sub-paragraph (3), excuse the undertaker from liability under the provisions of sub-paragraph (1) , unless utility undertaker fails to carry out and execute the works properly with due care and attention and in a skilful and workman like manner or in a manner that does not accord with the approved plan agreed by utility undertaker in accordance with paragraph 37(4) and paragraph 39(4) . 3 Nothing in sub-paragraph (1) imposes any liability on the undertaker in respect of— a any damage or interruption to the extent that it is attributable to the neglect or default of the utility undertaker , its officers, servants, contractors or agents; b any part of the specified works carried out by the utility undertaker in the exercise of any functions conferred by this Order pursuant to a transfer or grant under article 7 (consent to transfer benefit of the Order); or c any indirect or consequential loss of any third party (including but not limited to loss of use, revenue, profit, contract, production, increased cost of working) arising from any such damage or interruption, which is not reasonably foreseeable. 4 The utility undertaker must give the undertaker reasonable notice of any such third party claim or demand and no settlement, admission of liability or compromise must be made without the consent of the undertaker and, if such consent is withheld, the undertaker shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand. 5 The utility undertaker must, in respect of any matter covered by the indemnity given by the undertaker in this paragraph, at all times act reasonably and in the same manner as it would as if settling third party claims on its own behalf from its own funds. 6 The utility undertaker must use its reasonable endeavours to mitigate in whole or in part and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph applies and if reasonably requested to do so by the undertaker the utility undertaker must provide an explanation of how the claim has been minimised. Enactments and agreements 42 Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and the utility undertaker in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made. Cooperation 43 1 Where in consequence of the proposed construction of any part of the authorised development, the undertaker or the utility undertaker requires the removal of apparatus under paragraph 37(2) or the utility undertaker makes requirements for the protection or alteration of apparatus under paragraph 39 (retained apparatus), the undertaker must use reasonable endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of the utility undertaker’s undertaking and the utility undertaker must use its best endeavours to co-operate with the undertaker for that purpose. 2 For the avoidance of doubt whenever the utility undertaker’s consent, agreement or approval is required in relation to plans, documents or other information submitted by the undertaker or the taking of action by the undertaker, it must not be unreasonably withheld or delayed. Access 44 If in consequence of the exercise of the powers conferred by this Order the access to any apparatus is materially obstructed the undertaker must provide such alternative means of access to that apparatus as will enable the utility undertaker to maintain or use the apparatus no less effectively than was possible before the obstruction. Arbitration 45 Any difference or dispute arising between the undertaker and the utility undertaker under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and the utility undertaker, be determined by arbitration in accordance with article 44 (arbitration). PART 5 FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY TRANSMISSION PLC AS ELECTRICITY UNDERTAKER Application 46 1 For the protection of National Grid as referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and National Grid. 2 Subject to sub-paragraph (3) or to the extent otherwise agreed in writing between the undertaker and National Grid, where the benefit of this Order is transferred or granted to another person under article 7 (consent to transfer benefit of the Order)— a any agreement of the type mentioned in sub-paragraph (1) has effect as if it had been made between National Grid and the transferee or grantee (as the case may be); and b written notice of the transfer or grant must be given to National Grid on or before the date of that transfer or grant. 3 Sub-paragraph (2) does not apply where the benefit of the Order is transferred or granted to National Grid (but without prejudice to paragraph 55(3)(b) ). Interpretation 47 In this Part of this Schedule— “ acceptable credit provider ” means a bank or financial institution with a credit rating that is not lower than: (i) “A-” if the rating is assigned by Standard & Poor’s Ratings Group or Fitch Ratings; and “A3” if the rating is assigned by Moody’s Investors Services Inc.; “ acceptable insurance ” means general third party liability insurance effected and maintained by the undertaker with a combined property damage and bodily injury limit of indemnity of not less than a sum to be notified to the undertaker by National Grid and agreed in writing between the parties. Evidence of that insurance must be provided to National Grid on request. Such insurance shall be maintained— during the construction period of the specified works; and after the construction period of the specified works in respect of any use and maintenance of the authorised development by or on behalf of the undertaker which constitute specified works and arranged with an insurer whose security/credit rating meets the same requirements as an “acceptable credit provider”, such insurance shall include (without limitation)— a waiver of subrogation and an indemnity to principal clause in favour of National Grid; and pollution liability for third party property damage and third party bodily damage arising from any pollution/contamination event with a (sub)limit of indemnity of not less than a sum to be notified to the undertaker by National Grid and agreed in writing between the parties; “ acceptable security ” means either— a parent company guarantee from a parent company in favour of National Grid to cover the undertaker’s liability to National Grid to a total liability cap to be notified to the undertaker by National Grid and agreed in writing between the parties (in a form reasonably satisfactory to National Grid), and where required by National Grid accompanied with a legal opinion confirming the due capacity and authorisation of the parent company to enter into and be bound by the terms of such guarantee); or a bank bond or letter of credit from an acceptable credit provider in favour of National Grid to cover the undertaker’s liability to National Grid for an amount to be agreed in writing between the undertaker and National Grid (both parties acting reasonably and in a form reasonably satisfactory to National Grid); “ alternative apparatus ” means appropriate alternative apparatus to the satisfaction of National Grid to enable National Grid to fulfil its statutory functions in a manner no less efficient than previously; “ apparatus ” means any electric lines or electrical plant as defined in the Electricity Act 1989, belonging to or maintained by National Grid together with any replacement apparatus and such other apparatus constructed pursuant to the Order that becomes operational apparatus of National Grid for the purposes of transmission, distribution or supply and includes any structure in which apparatus is or will be lodged or which gives or will give access to apparatus; “ authorised works ” has the same meaning as is given to the term “authorised development” in article 2(1) of this Order and includes any associated development authorised by the Order and for the purposes of this Part of this Schedule includes the use and maintenance of the authorised works and construction of any works authorised by this Part of this Schedule; “commence” and “commencement” in this Part of this Schedule includes any below ground surveys, monitoring, ground work operations or the receipt and erection of construction plant and equipment; “ deed of consent ” means a deed of consent, crossing agreement, deed of variation or new deed of grant agreed between the parties acting reasonably in order to vary or replace existing easements, agreements, enactments and other such interests so as to secure land rights and interests as are necessary to carry out, maintain, operate and use the apparatus in a manner consistent with the terms of this Part of this Schedule; “ functions ” includes powers and duties; “ ground mitigation scheme ” means a scheme approved by National Grid (such approval not to be unreasonably withheld or delayed) setting out the necessary measures (if any) for a ground subsidence event; “ ground monitoring scheme ” means a scheme for monitoring ground subsidence which sets out the apparatus which is to be subject to such monitoring, the extent of land to be monitored, the manner in which ground levels are to be monitored, the timescales of any monitoring activities and the extent of ground subsidence which, if exceeded, must require the undertaker to submit for National Grid’s approval a ground mitigation scheme; “ ground subsidence event ” means any ground subsidence identified by the monitoring activities set out in the ground monitoring scheme that has exceeded the level described in the ground monitoring scheme as requiring a ground mitigation scheme; “in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over, across, along or upon such land; “ incentive deduction ” means any incentive deduction National Grid receives under its electricity transmission licence which is caused by an event on its transmission system that causes electricity not to be supplied to a demand customer and which arises as a result of the authorised works; “maintain” and “ maintenance ” includes the ability and right to do any of the following in relation to any apparatus or alternative apparatus of National Grid: construct, use, repair, alter, inspect, renew or remove the apparatus; “ NESO ” means as defined in the STC; “ parent company ” means a parent company of the undertaker acceptable to and which shall have been approved by National Grid acting reasonably; “plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe and assess the works to be executed; “ specified works ” means any of the authorised works or activities undertaken in association with the authorised works which— will or may be situated over or within (but excluding under) 15 metres measured in any direction of any apparatus the removal of which has not been required by the undertaker under paragraph 51(2) (removal of apparatus) or otherwise; and may in any way adversely affect any apparatus the removal of which has not been required by the undertaker under paragraph 51(2) (removal of apparatus) or otherwise; and includes any of the activities that are referred to in development near overhead lines EN43-8 and HSE’s guidance note 6 “Avoidance of Danger from Overhead Lines”; “ STC ” means the System Operator Transmission Owner Code prepared by the electricity Transmission Owners and NESO as modified from time to time; “ STC claims ” means any claim made under the STC against National Grid arising out of or in connection with the de-energisation (whereby no electricity can flow to or from the relevant system through the generator or interconnector’s equipment) of a generator or interconnector party solely as a result of the de-energisation of plant and apparatus forming part of National Grid’s transmission system which arises as a result of the authorised works; and “ transmission owner ” means as defined in the STC. On street apparatus 48 Except for paragraphs 48 (apparatus of National Grid in closed streets), 53 (retained apparatus: protection), 54 (expenses) and 55 (indemnity) of this Part of this Schedule which will apply in respect of the exercise of all or any powers under the Order affecting the rights and apparatus of National Grid, the other provisions of this Part of this Schedule do not apply to apparatus in respect of which the relations between the undertaker and National Grid are regulated by the provisions of Part 3 of the 1991 Act. Apparatus of National Grid in closed streets or in public rights of way that are closed or stopped up 49 1 Where any street is closed under article 10 (street works and temporary closure of streets and private means of access) or stopped up under article 17 (public rights of way – stopping up and vehicular use on public rights of way) as specified in Schedule 8 (public rights of way) to this Order, if National Grid has any apparatus in the street or accessed via that street National Grid has the same rights in respect of that apparatus as it enjoyed immediately before the closure or stopping up and the undertaker must grant to National Grid, or use reasonable endeavours to procure the granting to National Grid of, legal easements reasonably satisfactory to National Grid in respect of such apparatus and access to it prior to the closure of any such street but nothing in this paragraph affects any right of the undertaker or National Grid to require the removal of that apparatus under paragraph 51 (removal of apparatus) or the power of the undertaker, subject to compliance with this sub-paragraph, to carry out works under paragraph 53 (retained apparatus: protection). 2 Notwithstanding the temporary closure or diversion of any street under the powers of article 10 (street works and temporary closure of streets and private means of access) or are stopped up under article 17 (public rights of way – stopping up and vehicular use on public rights of way) as specified in Schedule 8 (public rights of way) to this Order, National Grid is at liberty at all times to take all necessary access across any such closed street or stopped up public right of way and to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the closure or diversion was in that street. Acquisition of land 50 1 Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference to the Order, the undertaker may not (a) appropriate or acquire or take temporary possession of any land or apparatus or (b) appropriate, acquire, extinguish, interfere with or override any easement, other interest or right and/or apparatus of National Grid otherwise than by agreement. 2 As a condition of an agreement between the parties in sub-paragraph (1), prior to the carrying out of any part of the authorised works (or in such other timeframe as may be agreed between National Grid and the undertaker) that is subject to the requirements of this Part of this Schedule that will cause any conflict with or breach the terms of any easement or other legal or land interest of National Grid or affect the provisions of any enactment or agreement regulating the relations between National Grid and the undertaker in respect of any apparatus laid or erected in land belonging to or secured by the undertaker, the undertaker must as National Grid reasonably requires enter into such deeds of consent upon such terms and conditions as may be agreed between National Grid and the undertaker acting reasonably and which must be no less favourable on the whole to National Grid unless otherwise agreed by National Grid , and it will be the responsibility of the undertaker to procure and/or secure the consent and entering into of such deeds and variations by all other third parties with an interest in the land at that time who are affected by such authorised works. 3 Save where otherwise agreed in writing between National Grid and the undertaker, the undertaker and National Grid agree that where there is any inconsistency or duplication between the provisions set out in this Part of this Schedule relating to the relocation or removal of apparatus (including but not limited to the payment of costs and expenses relating to such relocation and/or removal of apparatus) and the provisions of any existing easement, rights, agreements and licences granted, used, enjoyed or exercised by National Grid or other enactments relied upon by National Grid as of right or other use in relation to the apparatus, then the provisions in this Part of this Schedule will prevail. 4 Any agreement or consent granted by National Grid under paragraph 53 (retained apparatus: protection) or any other paragraph of this Part of this Schedule, shall not be taken to constitute agreement under sub-paragraph (1) . Removal of apparatus 51 1 If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in or possesses temporarily any land in which any apparatus is placed, that apparatus must not be removed under this Part of this Schedule and any right of National Grid to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed, and is in operation to the reasonable satisfaction of National Grid in accordance with sub-paragraphs (2) to (5) . 2 If, for the purpose of executing any works in, on, under or over any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to National Grid advance written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in direct consequence of the exercise of any of the powers conferred by this Order National Grid reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3) , secure any necessary consents for the alternative apparatus and afford to National Grid to its satisfaction (taking into account paragraph 52(1) below) the necessary facilities and rights— a for the construction of alternative apparatus in other land of or land secured by the undertaker; and b subsequently for the maintenance of that apparatus. 3 If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of or land secured by the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed, National Grid may in its sole discretion, on receipt of a written notice to that effect from the undertaker, take such steps as are reasonable in the circumstances to assist the undertaker to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation will not extend to the requirement for National Grid to use its compulsory purchase powers to this end unless it elects to do so. 4 Any alternative apparatus to be constructed in land of or land secured by the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between National Grid and the undertaker. 5 National Grid must, after the alternative apparatus to be provided or constructed has been agreed, and subject to a written diversion agreement having been entered into between the parties and the grant to National Grid of any such facilities and rights as are referred to in sub-paragraph (2) or (3) , proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule. Facilities and rights for alternative apparatus 52 1 Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to or secures for National Grid facilities and rights in land for the construction, use, maintenance and protection of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and National Grid and must be no less favourable on the whole to National Grid than the facilities and rights enjoyed by it in respect of the apparatus to be removed unless otherwise agreed by National Grid. 2 If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to National Grid (in National Grid’s opinion, acting reasonably)than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the matter may be referred to arbitration in accordance with paragraph 59 (arbitration) of this Part of this Schedule and the arbitrator must make such provision for the payment of compensation by the undertaker to National Grid as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case. Retained apparatus: protection 53 1 Not less than 56 days before the commencement of any specified works the undertaker must submit to National Grid a plan of the works to be executed and seek from National Grid details of the underground extent of their electricity assets. 2 In relation to specified works the plan to be submitted to National Grid under sub-paragraph (1) must include a method statement and describe— a the exact position of the works; b the level at which these are proposed to be constructed or renewed; c the manner of their construction or renewal including details of excavation, positioning of plant; d the position of all apparatus; e by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus; f any intended maintenance regimes; g an assessment of risks of rise of earth issues; and h a ground monitoring scheme, where required. 3 In relation to any works which will or may be situated on, over, under or within 10 metres of any part of the foundations of an electricity tower or between any two or more electricity towers, the plan to be submitted under sub-paragraph (1) must, in addition to the matters set out in sub-paragraph (2) , include a method statement describing— a details of any cable trench design including route, dimensions, clearance to pylon foundations; b demonstration that pylon foundations will not be affected prior to, during and post construction; c details of load bearing capacities of trenches; d details of any cable installation methodology including access arrangements, jointing bays and backfill methodology; e a written management plan for high voltage hazard during construction and ongoing maintenance of any cable route; f written details of the operations and maintenance regime for any cable, including frequency and method of access; g assessment of earth rise potential if reasonably required by National Grid’s engineers; and h evidence that trench bearing capacity is to be designed to support overhead line construction traffic of up to and including 26 tonnes in weight. 4 The undertaker must not commence any works to which sub-paragraphs (2) or (3) apply until National Grid has given written approval of the plan so submitted. 5 Any approval of National Grid required under sub-paragraph (4) — a may be given subject to reasonable conditions for any purpose mentioned in sub-paragraphs (6) or (8) ; b must not be unreasonably withheld or delayed. 6 In relation to any work to which sub-paragraphs (2) or (3) apply, National Grid may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its apparatus against interference or risk of damage, for the provision of protective works or for the purpose of providing or securing proper and convenient means of access to any apparatus. 7 Works executed under sub-paragraphs (2) or (3) must be executed in accordance with the plan, submitted under sub-paragraph (1) or as relevant sub-paragraph (6) , as approved or as amended from time to time by agreement between the undertaker and National Grid and in accordance with such reasonable requirements as may be made in accordance with sub-paragraphs (6) or (8) by National Grid for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and National Grid will be entitled to watch and inspect the execution of those works. 8 Where National Grid requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to National Grid’s satisfaction prior to the commencement of any specified works (or any relevant part thereof) for which protective works are required and National Grid must give notice of its requirement for such works within 14 days of the date of submission of a plan pursuant to sub-paragraph (1) (except in an emergency). 9 If National Grid in accordance with sub-paragraphs (6) or (8) and in consequence of the specified works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 46 to 48 and 50 to 52 apply as if the removal of the apparatus had been required by the undertaker under paragraph 51(2) (removal of apparatus). 10 Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of the authorised development, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph will apply to and in respect of the new plan. 11 The undertaker will not be required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it must give to National Grid notice as soon as is reasonably practicable and a plan of those works and must comply with sub-paragraphs (6) , (7) and (8) insofar as is reasonably practicable in the circumstances and comply with sub-paragraph (12) at all times. 12 At all times when carrying out any works authorised under this Order, the undertaker must comply with National Grid’s policies for development near overhead lines EN43-8 and HSE’s guidance note 6 “Avoidance of Danger from Overhead Lines”. Expenses 54 1 Save where otherwise agreed in writing between National Grid and the undertaker and subject to the following provisions of this paragraph, the undertaker must pay to National Grid within 30 days of receipt of an itemised VAT invoice or claim from National Grid all charges, costs and expenses reasonably anticipated within the following three months or reasonably and properly incurred by National Grid in, or in connection with, the inspection, removal, relaying or replacing, alteration or protection of any apparatus or the construction of any new or alternative apparatus which may be required in consequence of the execution of any authorised works including without limitation— a any costs reasonably incurred by or compensation properly paid by National Grid in connection with the acquisition of rights or the exercise of statutory powers for such apparatus including without limitation all costs incurred by National Grid as a consequence of National Grid— i using its own compulsory purchase powers to acquire any necessary rights under paragraph 51(3) (removal of apparatus); or ii exercising any compulsory purchase powers in the Order transferred to or benefitting National Grid; b the cost of the carrying out of any diversion work or the provision of any alternative apparatus, where no written diversion agreement is otherwise in place; c the cutting off of any apparatus from any other apparatus or the making safe of redundant apparatus; d the approval of plans under this part of this Schedule; e the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works; and f the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Part of this Schedule. 2 There will be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule and which is not re-used as part of the alternative apparatus, that value being calculated after removal. 3 If in accordance with the provisions of this Part of this Schedule— a apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or b apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated, and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with paragraph 59 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to National Grid by virtue of sub-paragraph (1) will be reduced by the amount of that excess save to the extent that it is not possible in the circumstances to obtain the existing type of apparatus at the same capacity and dimensions or place at the existing depth in which case full costs will be borne by the undertaker. 4 For the purposes of sub-paragraph (3) — a an extension of apparatus to a length greater than the length of existing apparatus will not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and b where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole will be treated as if it also had been agreed or had been so determined. 5 Any amount which apart from this sub-paragraph would be payable to National Grid in respect of works by virtue of sub-paragraph (1) will, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on National Grid any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit. Indemnity 55 1 Subject to sub-paragraphs (2) and (3) , if by reason or in consequence of the construction of any works authorised by this Part of this Schedule or in consequence of the construction, use maintenance or failure of any of the authorised works by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by it) in the course of carrying out such works, including without limitation works carried out by the undertaker under this Part of this Schedule or any subsidence resulting from any of these works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the authorised works) or property of National Grid, or there is any interruption in any service provided, or in the supply of any goods, by National Grid, or National Grid becomes liable to pay any amount to any third party, the undertaker will— a bear and pay on demand accompanied by an invoice or claim from National Grid the cost reasonably and properly incurred by National Grid in making good such damage or restoring the supply; and b indemnify National Grid for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from National Grid, by reason or in consequence of any such damage or interruption or National Grid becoming liable to any third party and including STC claims or an incentive deduction other than arising from any default of National Grid. 2 The fact that any act or thing may have been done by National Grid on behalf of the undertaker or in accordance with a plan approved by National Grid or in accordance with any requirement of National Grid or under its supervision will not (unless sub-paragraph (3) applies) excuse the undertaker from liability under the provisions of sub-paragraph (1) unless National Grid fails to carry out and execute the works properly with due care and attention and in a skilful and workman like manner or in a manner that does not accord with the approved plan. 3 Nothing in sub-paragraph (1) imposes any liability on the undertaker in respect of— a any damage or interruption to the extent that it is attributable to the neglect or default of National Grid, its officers, servants, contractors or agents; b any authorised works and/or any other works authorised by this Part of this Schedule carried out by National Grid pursuant to article 6 (benefit of the Order) or as a transferee or lessee of the undertaker with the benefit of the Order pursuant to section 156 of the Planning Act 2008 or article 7 (consent to transfer benefit of the Order) subject to the proviso that once such works become apparatus, any authorised works yet to be executed and not falling within this sub-paragraph will be subject to the full terms of this Part of this Schedule including this paragraph; or c any indirect or consequential loss of any third party (including but not limited to loss of use, revenue, profit, contract, production, increased cost of working or business interruption) arising from any such damage or interruption, which is not reasonably foreseeable. 4 National Grid must give the undertaker reasonable notice of any such third party claim or demand and no settlement, admission of liability or compromise must, unless payment is required in connection with a statutory compensation scheme, be made without first consulting the undertaker and considering its representations. 5 National Grid must, in respect of any matter covered by the indemnity given by the undertaker in this paragraph, at all times act reasonably and in the same manner as it would as if settling third party claims on its own behalf from its own funds. 6 National Grid must use its reasonable endeavours to mitigate and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph applies where it is within National Grid’s reasonable ability and control to do so and which expressly excludes any obligation to mitigate liability arising from third parties which is outside of National Grid’s control and if reasonably requested to do so by the undertaker National Grid must provide an explanation of how the claim has been minimised, where relevant. 7 Before carrying out any specified works the undertaker must put in place a policy of acceptable insurance with a reputable insurer the coverage and level of cover to be first agreed in writing between the undertaker and National Grid, and evidence of such insurance to be provided on request and thereafter maintained for the duration of the carrying out of any specified works. 8 Before carrying out any specified works the undertaker must put in place acceptable security, and evidence of such acceptable security is to be provided on request and thereafter maintained for the duration of the carrying out of any specified works. 9 Any dispute between the undertaker and National Grid regarding the terms, cover or insured level of the insurance policy or regarding the form and level of acceptable security shall be resolved in accordance with paragraph 59 (arbitration). Enactments and agreements 56 Save to the extent provided for to the contrary elsewhere in this Part of this Schedule or by agreement in writing between National Grid and the undertaker, nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and National Grid in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made. Cooperation 57 1 Where in consequence of the proposed construction of any part of the authorised works, the undertaker or National Grid requires the removal of apparatus under paragraph 51(2) (removal of apparatus) or National Grid makes requirements for the protection or alteration of apparatus under paragraph 53 (retained apparatus: protection), the undertaker will use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised works and taking into account the need to ensure the safe and efficient operation of National Grid’s undertaking and National Grid will use its best endeavours to co-operate with the undertaker for that purpose. 2 For the avoidance of doubt whenever National Grid’s consent, agreement or approval is required in relation to plans, documents or other information submitted by the undertaker or the taking of action by the undertaker, it must not be unreasonably withheld or delayed. Access 58 If in consequence of the agreement reached in accordance with paragraph 50(1) (acquisition of land) or the powers granted under this Order the access to any apparatus is materially obstructed, the undertaker must provide such alternative means of access to such apparatus as will enable National Grid to maintain or use the apparatus no less effectively than was possible before such obstruction. Arbitration 59 Save for any differences or disputes arising under paragraph 51(2) , 51(4) , 53(1) and 54 , any difference or dispute arising between the undertaker and National Grid under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and National Grid, be determined by arbitration in accordance with article 44 (arbitration). Notices 60 Notwithstanding article 42 (service of notices), any plans submitted to National Grid by the undertaker pursuant to paragraph 53 (retained apparatus: protection) must be submitted using the LSBUD system ( https://lsbud.co.uk/ ) or to such other address as National Grid may from time to time appoint instead for that purpose and notify to the undertaker in writing. PART 6 FOR THE PROTECTION OF NATIONAL GRID INTERCONNECTORS LIMITED AS ELECTRICITY UNDERTAKER Application 61 1 For the protection of National Grid Interconnectors as referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and National Grid Interconnectors. 2 Subject to sub-paragraph (3) or to the extent otherwise agreed in writing between the undertaker and National Grid Interconnectors, where the benefit of this Order is transferred or granted to another person under article 7 (consent to transfer benefit of the Order) written notice of the transfer or grant must be given to National Grid Interconnectors on or before the date of that transfer or grant. 3 Sub-paragraph (2) does not apply where the benefit of the Order is transferred or granted to National Grid Interconnectors (but without prejudice to paragraph 68(3)(b) (indemnity)). Interpretation 62 In this Part of this Schedule— “ apparatus ” means any electric lines, cables or electrical plant as defined in the Electricity Act 1989 and including convertor stations and sub-stations, belonging to or maintained by National Grid Interconnectors together with any apparatus constructed pursuant to the Order that becomes operational apparatus of National Grid Interconnectors for the purposes of transmission, distribution or supply and includes any structure in which apparatus is or will be lodged or which gives or will give access to apparatus; “ authorised works ” has the same meaning as is given to the term “authorised development” in article 2(1) of this Order and includes any associated development authorised by the Order and for the purposes of this Part of this Schedule includes the use and maintenance of the authorised works and construction of any works authorised by this Part of this Schedule; “commence” and “commencement” in this Part of this Schedule includes any below ground surveys, monitoring, ground work operations or the receipt and erection of construction plant and equipment; “ deed of consent ” means a deed of consent, crossing agreement, deed of variation or new deed of grant agreed between the parties acting reasonably in order to vary or replace existing easements, agreements, enactments and other such interests so as to secure land rights and interests as are necessary to carry out, maintain, operate and use the apparatus in a manner consistent with the terms of this Part of this Schedule; “ functions ” includes powers and duties; “ ground mitigation scheme ” means a scheme approved by National Grid Interconnectors setting out the necessary measures (if any) for a ground subsidence event; “ ground monitoring scheme ” means a scheme for monitoring ground subsidence which sets out the apparatus which is to be subject to such monitoring, the extent of land to be monitored, the manner in which ground levels are to be monitored, the timescales of any monitoring activities and the extent of ground subsidence which, if exceeded, must require the undertaker to submit for National Grid Interconnectors’ approval a ground mitigation scheme; “ ground subsidence event ” means any ground subsidence identified by the monitoring activities set out in the ground monitoring scheme that has exceeded the level described in the ground monitoring scheme as requiring a ground mitigation scheme; “in” in a context referring to apparatus in land includes a reference to apparatus under, over, across, along or upon such land; “ Incentive Deduction ” means any incentive deduction National Grid Interconnectors receives under its electricity transmission licence which is caused by an event on its transmission system that causes electricity not to be supplied to a demand customer and which arises as a result of the authorised works; “maintain” and “ maintenance ” includes the ability and right to do any of the following in relation to any apparatus of National Grid Interconnectors: construct, use, repair or inspect the apparatus; “ National Grid Interconnectors ” means National Grid Interconnectors Limited, company number 3385525, who registered office is at 1-3 Strand, London, WC2N 5EH; “plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe and assess the works to be executed; “ specified works ” means any of the authorised works or activities undertaken in association with the authorised works which— will or may be situated over or within 15 metres measured in any direction of any apparatus; and/or may in any way adversely affect any apparatus. “ STC ” means the System Operator Transmission Owner Code prepared by the electricity Transmission Owners and NESO as modified from time to time; and “ STC Claims ” means any claim made under the STC against National Grid Interconnectors arising out of or in connection with the de-energisation (whereby no electricity can flow to or from the relevant system through the generator or interconnector’s equipment) of a generator or interconnector party solely as a result of the de-energisation of plant and apparatus forming part of National Grid Interconnectors’ transmission system which arises as a result of the authorised works. On street apparatus 63 Except for paragraphs 64 (apparatus of National Grid Interconnectors Limited in closed streets), 66 (apparatus: protection), 67 (expenses) and 68 (indemnity) of this Part of this Schedule which will apply in respect of the exercise of all or any powers under the Order affecting the rights and apparatus of National Grid Interconnectors, the other provisions of this Part of this Schedule do not apply to apparatus in respect of which the relations between the undertaker and National Grid Interconnectors are regulated by the provisions of Part 3 of the 1991 Act. Apparatus of National Grid Interconnectors Limited in closed streets 64 1 Where any street is closed under article 10 (street works and temporary closure of streets and private means of access), if National Grid Interconnectors has any apparatus in the street or accessed via that street National Grid Interconnectors has the same rights in respect of that apparatus as it enjoyed immediately before the closure and the undertaker must grant to National Grid Interconnectors, or procure the granting to National Grid Interconnectors of, legal easements reasonably satisfactory to National Grid Interconnectors in respect of such apparatus and access to it prior to the closure of any such street but nothing in this paragraph affects any rights of the undertaker, subject to compliance with this sub-paragraph, to carry out works under paragraph 66 (apparatus: protection). 2 Notwithstanding the temporary closure or diversion of any street under the powers of article 10 (street works and temporary closure of streets and private means of access), National Grid Interconnectors is at liberty at all times to take all necessary access across any such closed street and to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the closure or diversion was in that street. Acquisition of land 65 1 Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference to the Order, the undertaker may not— a appropriate or acquire or take temporary possession of any land or apparatus of National Grid Interconnectors; or b appropriate, acquire, extinguish, interfere with or override any easement, other interest or right or apparatus of National Grid Interconnectors, otherwise than by agreement between the undertaker and National Grid Interconnectors (such agreement not to be unreasonably withheld). 2 As a condition of an agreement between the parties in sub-paragraph (1) , prior to the carrying out of any part of the authorised works (or in such other timeframe as may be agreed between National Grid Interconnectors and the undertaker) that is subject to the requirements of this Part of this Schedule that will cause any conflict with or breach the terms of any easement or other legal or land interest of National Grid Interconnectors or affect the provisions of any enactment or agreement regulating the relations between National Grid Interconnectors and the undertaker in respect of any apparatus laid or erected in land belonging to or secured by the undertaker, the undertaker must as National Grid Interconnectors requires enter into such deeds of consent upon such terms and conditions as may be agreed between National Grid Interconnectors and the undertaker (each acting reasonably) and which must be no less favourable on the whole to National Grid Interconnectors, unless otherwise agreed by National Grid Interconnectors, and it will be the responsibility of the undertaker to use best endeavours to procure or secure (or both) the consent and entering into of such deeds and variations by all other third parties with an interest in the land at that time who are affected by such authorised works. 3 Any agreement or consent granted by National Grid Interconnectors under paragraph 66 (apparatus: protection) or any other paragraph of this Part of this Schedule must not be taken to constitute agreement under sub-paragraph (1) . Apparatus: protection 66 1 Not less than 28 days before the commencement of any specified works the undertaker must submit to National Grid Interconnectors a plan of the works to be executed and seek from National Grid Interconnectors details of the underground extent of their electricity assets. 2 In relation to specified works the plan to be submitted to National Grid Interconnectors under sub-paragraph (1) must include a method statement and describe— a the exact position of the works; b the level at which these are proposed to be constructed or renewed; c the manner of their construction or renewal including details of excavation, positioning of plant; d the position of all apparatus; e by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus; f any intended maintenance regimes; g an assessment of risks of rise of earth issues; and h a ground monitoring scheme, where required. 3 The undertaker must not commence any works to which sub-paragraph (2) applies until National Grid Interconnectors has given written approval of the plan so submitted. 4 Any approval of National Grid Interconnectors required under sub-paragraph (3) — a may be given subject to reasonable conditions for any purpose mentioned in sub-paragraphs (5) or (7) ; b must not be unreasonably withheld; and c will be deemed approved if no response is provided by National Grid Interconnectors within 28 days of a request for approval being submitted by the undertaker. 5 In relation to any work to which sub-paragraph (2) applies National Grid Interconnectors may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its apparatus against interference or risk of damage, for the provision of protective works or for the purpose of providing or securing proper and convenient means of access to any apparatus. 6 Works executed under sub-paragraph (2) must be executed in accordance with the plan, submitted under sub-paragraph (1) or as relevant sub-paragraph (5) , as approved or as amended from time to time by agreement between the undertaker and National Grid Interconnectors and in accordance with such reasonable requirements as may be made in accordance with sub-paragraphs (5) or (7) by National Grid Interconnectors for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and National Grid Interconnectors will be entitled to watch and inspect the execution of those works. 7 Where National Grid Interconnectors requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to National Grid Interconnectors’ satisfaction prior to the commencement of any specified works (or any relevant part thereof) for which protective works are required and National Grid Interconnectors will give notice of its requirement for such works within 14 days of the date of submission of a plan pursuant to sub-paragraph (1) (except in an emergency). 8 Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of the specified works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph will apply to and in respect of the new plan. 9 The undertaker will not be required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it must give to National Grid Interconnectors notice as soon as is reasonably practicable and a plan of those works and must comply with sub-paragraphs (5) , (6) and (7) insofar as is reasonably practicable in the circumstances. Expenses 67 Save where otherwise agreed in writing between National Grid Interconnectors and the undertaker and subject to the following provisions of this paragraph, the undertaker must pay to National Grid Interconnectors within 30 days of receipt of an itemised VAT invoice or claim from National Grid Interconnectors all charges, costs and expenses reasonably anticipated within the following three months or reasonably and properly incurred by National Grid Interconnectors in, or in connection with, the inspection or protection of any apparatus which may be required in consequence of the execution of any authorised works including without limitation— a any costs reasonably incurred by or compensation properly paid by National Grid Interconnectors in connection with the acquisition of rights or the exercise of statutory powers for such apparatus including without limitation all costs incurred by National Grid Interconnectors as a consequence of National Grid Interconnectors exercising any compulsory acquisition powers in the Order transferred to or benefitting National Grid Interconnectors; b the approval of plans under this part of this Schedule; c the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works; and d the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Part of this Schedule. Indemnity 68 1 Subject to sub-paragraphs (2) and (3) , if by reason or in consequence of the construction of any works authorised by this Part of this Schedule or in consequence of the construction, use maintenance or failure of any of the authorised works by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by it) in the course of carrying out such works, including without limitation works carried out by the undertaker under this Part of this Schedule or any subsidence resulting from any of these works, any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the authorised works) or property of National Grid Interconnectors, or there is any interruption in any service provided, or in the supply of any goods, by National Grid Interconnectors, or National Grid Interconnectors becomes liable to pay any amount to any third party, the undertaker will— a bear and pay on demand accompanied by an invoice or claim from National Grid Interconnectors the cost reasonably and properly incurred by National Grid Interconnectors in making good such damage or restoring the supply; and b indemnify National Grid Interconnectors for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from National Grid Interconnectors, by reason or in consequence of any such damage or interruption or National Grid Interconnectors becoming liable to any third party and including STC Claims or Incentive Deduction other than arising from any default of National Grid Interconnectors. 2 The fact that any act or thing may have been done by National Grid Interconnectors on behalf of the undertaker or in accordance with a plan approved by National Grid Interconnectors or in accordance with any requirement of National Grid Interconnectors or under its supervision will not (unless sub-paragraph (3) applies), excuse the undertaker from liability under the provisions of sub-paragraph (1) unless National Grid Interconnectors fails to carry out and execute the works properly with due care and attention and in a skilful and workman like manner or in a manner that does not accord with the approved plan. 3 Nothing in sub-paragraph (1) imposes any liability on the undertaker in respect of— a any damage or interruption to the extent that it is attributable to the neglect or default of National Grid Interconnectors, its officers, servants, contractors or agents; b any authorised works or any other works authorised by this Part of this Schedule carried out by National Grid Interconnectors pursuant to article 6 (benefit of the Order) or as an assignee, transferee or lessee of the undertaker with the benefit of the Order pursuant to section 156 of the Planning Act 2008 or 7 (consent to transfer benefit of the Order) subject to the proviso that once such works become apparatus, any authorised works yet to be executed and not falling within this sub-paragraph 68(3)(b) will be subject to the full terms of this Part of this Schedule including this paragraph; or c any indirect or consequential loss of any third party (including but not limited to loss of use, revenue, profit, contract, production, increased cost of working or business interruption) arising from any such damage or interruption, which is not reasonably foreseeable. 4 National Grid Interconnectors must give the undertaker reasonable notice of any such third party claim or demand and no settlement, admission of liability or compromise must, unless payment is required in connection with a statutory compensation scheme, be made without first consulting the undertaker and considering its representations. 5 National Grid Interconnectors must, in respect of any matter covered by the indemnity given by the undertaker in this paragraph, at all times act reasonably and in the same manner as it would as if settling third party claims on its own behalf from its own funds. 6 National Grid Interconnectors must use its reasonable endeavours to mitigate and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph applies where it is within National Grid Interconnectors reasonable ability and control to do so and which expressly excludes any obligation to mitigate liability arising from third parties which is outside of National Grid Interconnectors’ control and if reasonably requested to do so by the undertaker, National Grid Interconnectors must provide an explanation of how the claim has been minimised, where relevant. Enactments and agreements 69 Save to the extent provided for to the contrary elsewhere in this Part of this Schedule or by agreement in writing between National Grid Interconnectors and the undertaker, nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and National Grid Interconnectors in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made. Co-operation 70 1 Where in consequence of the proposed construction of any part of the authorised works National Grid Interconnectors makes requirements for the protection of apparatus under paragraph 66 (apparatus: protection), the undertaker must use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised works and taking into account the need to ensure the safe and efficient operation of National Grid Interconnectors’ undertaking and National Grid Interconnectors must use its best endeavours to co-operate with the undertaker for that purpose. 2 For the avoidance of doubt whenever National Grid Interconnectors’ consent, agreement or approval is required in relation to plans, documents or other information submitted by the undertaker or the taking of action by the undertaker, it must not be unreasonably withheld or delayed. Access 71 If in consequence of the agreement reached in accordance with paragraph 65(1) (acquisition of land) or the powers granted under this Order the access to any apparatus is materially obstructed, the undertaker must provide such alternative means of access to such apparatus as will enable National Grid Interconnectors to maintain or use the apparatus no less effectively than was possible before such obstruction. Arbitration 72 Any difference or dispute arising between the undertaker and National Grid Interconnectors under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and National Grid Interconnectors, be determined by arbitration in accordance with article 44 (arbitration). Notices 73 Notwithstanding article 42 (service of notices), any plans submitted to National Grid Interconnectors by the undertaker pursuant to paragraph 66 (apparatus: protection) must be submitted using the LSBUD system ( https://lsbud.co.uk/ ) or to such other address as National Grid Interconnectors may from time to time appoint instead for that purpose and notify to the undertaker in writing. PART 7 FOR THE PROTECTION OF NETWORK RAIL 74 The provisions of this Part of this Schedule have effect, unless otherwise agreed in writing between the undertaker and Network Rail and, in the case of paragraph 88 of this Part of this Schedule any other person on whom rights or obligations are conferred by that paragraph. 75 In this Part of this Schedule— “ asset protection agreement ” means an agreement to regulate the construction and maintenance of the specified work in a form prescribed from time to time by Network Rail; “ construction ” includes execution, placing, alteration and reconstruction and “construct” and “constructed” have corresponding meanings; “ the engineer ” means an engineer appointed by Network Rail for the purposes of this Order; “ network licence ” means the network licence, as the same is amended from time to time, granted to Network Rail by the Secretary of State in exercise of their powers under section 8 (licences) of the Railways Act 1993 ; “ plans ” includes sections, designs, design data, software, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals, programmes and details of the extent, timing and duration of any proposed occupation of railway property; “ railway operational procedures ” means procedures specified under any access agreement (as defined in the Railways Act 1993) or station lease; “ railway property ” means any railway belonging to Network Rail and— any station, land, works, apparatus and equipment belonging to Network Rail or connected with any such railway; and any easement or other property interest held or used by Network Rail or a tenant or licensee of Network Rail for the purposes of such railway or works, apparatus or equipment; “ regulatory consents ” means any consent or approval required under— the Railways Act 1993; the network licence; or any other relevant statutory or regulatory provisions, by either the Office of Rail and Road or the Secretary of State for Transport or any other competent body including change procedures and any other consents, approvals of any access or beneficiary that may be required in relation to the authorised development; “ specified work ” means so much of any of the authorised development as is situated upon, across, under, over or within 15 metres of, or may in any way adversely affect, railway property and, for the avoidance of doubt, includes the maintenance of such works under the powers conferred by article 4 (maintenance of authorised development) in respect of such works; and “ undertaker ” has the same meaning as in article 2 (interpretation) of this Order. 76 1 Where under this Part of this Schedule Network Rail is required to give its consent or approval in respect of any matter, that consent or approval is subject to the condition that Network Rail complies with any relevant railway operational procedures and any obligations under its network licence or under statute. 2 In so far as any specified work or the acquisition or use of railway property is or may be subject to railway operational procedures, Network Rail must— a co-operate with the undertaker with a view to avoiding undue delay and securing conformity as between any plans approved by the engineer and requirements emanating from those procedures; and b use their reasonable endeavours to avoid any conflict arising between the application of those procedures and the proper implementation of the authorised development pursuant to this Order. 77 1 The undertaker must not exercise the powers conferred by— a article 3 (development consent granted by the Order); b article 4 (maintenance of authorised development); c article 14 (access to works) d article 19 (discharge of water); e article 20 (authority to survey and investigate the land); f article 21 (compulsory acquisition of land); g article 23 (statutory authority to override easements and other rights) h article 25 (compulsory acquisition of rights and imposition of restrictive covenants); i article 26 (private rights); j article 28 (acquisition of subsoil and airspace only); k article 34 (acquisition of wayleaves, easements and other rights); l article 30 (temporary use of land for carrying out the authorised development); m article 32 (temporary use of land for maintaining the authorised development); n article 33 (statutory undertakers); o article 43 (felling or lopping of trees or shrubs); p the powers conferred by section 11(3) (powers of entry) of the 1965 Act; q the powers conferred by section 203 (power to override easements and rights) of the Housing and Planning Act 2016; r the powers conferred by section 172 (right to enter and survey land) of the Housing and Planning Act 2016; and s any powers under in respect of the temporary possession of land under the Neighbourhood Planning Act 2017; in respect of any railway property unless the exercise of such powers is with the consent of Network Rail. 2 The undertaker must not in the exercise of the powers conferred by this Order prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of Network Rail. 3 The undertaker must not exercise the powers conferred by sections 271 or 272 of the 1990 Act, article 33 (statutory undertakers), article 34 (acquisition of wayleaves, easements and other rights) or article 26 (private rights) in relation to any right of access of Network Rail to railway property, but such right of access may be diverted with the consent of Network Rail. 4 The undertaker must not under the powers of this Order acquire or use or acquire new rights over, or seek to impose any restrictive covenants over, any railway property, or extinguish any existing rights of Network Rail in respect of any third party property, except with the consent of Network Rail. 5 The undertaker must not under the powers of this Order do anything which would result in railway property being incapable of being used or maintained or which would affect the safe running of trains on the railway. 6 Where Network Rail is asked to give its consent pursuant to this paragraph, such consent must not be unreasonably withheld but may be given subject to reasonable conditions but it shall never be unreasonable to withhold consent for reasons of operational or railway safety (such matters to be in Network Rail’s absolute discretion). 7 The undertaker must enter into an asset protection agreement prior to the carrying out of any specified work. 78 1 The undertaker must before commencing construction of any specified work supply to Network Rail proper and sufficient plans of that work for the reasonable approval of the engineer and the specified work must not be commenced except in accordance with such plans as have been approved in writing by the engineer or settled by arbitration. 2 The approval of the engineer under sub-paragraph (1) must not be unreasonably withheld, and if by the end of the period of 28 days beginning with the date on which such plans have been supplied to Network Rail the engineer has not intimated their disapproval of those plans and the grounds of such disapproval the undertaker may serve upon the engineer written notice requiring the engineer to intimate approval or disapproval within a further period of 28 days beginning with the date upon which the engineer receives written notice from the undertaker. If by the expiry of the further 28 days the engineer has not intimated approval or disapproval, the engineer shall be deemed to have approved the plans as submitted. 3 If by the end of the period of 28 days beginning with the date on which written notice was served upon the engineer under sub-paragraph (2), Network Rail gives notice to the undertaker that Network Rail desires itself to construct any part of a specified work which in the opinion of the engineer will or may affect the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the undertaker desires such part of the specified work to be constructed, Network Rail must construct it without unnecessary delay on behalf of and to the reasonable satisfaction of the undertaker in accordance with the plans approved or deemed to be approved or settled under this paragraph, and under the supervision (where appropriate and if given) of the undertaker. 4 When signifying their approval of the plans the engineer may specify any protective works (whether temporary or permanent) which in the engineer’s opinion should be carried out before the commencement of the construction of a specified work to ensure the safety or stability of railway property or the continuation of safe and efficient operation of the railways of Network Rail or the services of operators using the same (including any relocation de-commissioning and removal of works, apparatus and equipment necessitated by a specified work and the comfort and safety of passengers who may be affected by the specified works), and such protective works as may be reasonably necessary for those purposes must be constructed by Network Rail or by the undertaker, if Network Rail so desires, and such protective works must be carried out at the expense of the undertaker in either case without unnecessary delay and the undertaker must not commence the construction of the specified works until the engineer has notified the undertaker that the protective works have been completed to their reasonable satisfaction. 79 1 Any specified work and any protective works to be constructed by virtue of paragraph 78(3) must, when commenced, be constructed— a without unnecessary delay in accordance with the plans approved or deemed to have been approved or settled under paragraph 76 ; b under the supervision (where appropriate and if given) and to the reasonable satisfaction of the engineer; c in such manner as to cause as little damage as is possible to railway property; and d so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe use of any railway of Network Rail or the traffic thereon and the use by passengers of railway property. 2 If any damage to railway property or any such interference or obstruction shall be caused by the carrying out of, or in consequence of the construction of a specified work, the undertaker must, notwithstanding any such approval, make good such damage and must pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may sustain by reason of any such damage, interference or obstruction. 3 Nothing in this Part of this Schedule imposes any liability on the undertaker with respect to any damage, costs, expenses or loss attributable to the negligence of Network Rail or its servants, contractors or agents or any liability on Network Rail with respect of any damage, costs, expenses or loss attributable to the negligence of the undertaker or its servants, contractors or agents. 80 The undertaker must— a at all times afford reasonable facilities to the engineer for access to a specified work during its construction; and b supply the engineer with all such information as they may reasonably require with regard to a specified work or the method of constructing it. 81 Network Rail must at all times afford reasonable facilities to the undertaker and its agents for access to any works carried out by Network Rail under this Part of this Schedule during their construction and must supply the undertaker with such information as it may reasonably require with regard to such works or the method of constructing them. 82 1 If any permanent or temporary alterations or additions to railway property are reasonably necessary in consequence of the construction or completion of a specified work (during a period of 24 months after the completion of that work) in order to ensure the safety of railway property or the continued safe operation of the railway of Network Rail, such alterations and additions may be carried out by Network Rail and if Network Rail gives to the undertaker 56 days’ notice (or in the event of an emergency or safety critical issue such notice as is reasonable in the circumstances) of its intention to carry out such alterations or additions (which must be specified in the notice), the undertaker must pay to Network Rail the reasonable cost of those alterations or additions including, in respect of any such alterations and additions as are to be permanent, a capitalised sum representing the increase of the costs which may be expected to be reasonably incurred by Network Rail in maintaining, working and, when necessary, renewing any such alterations or additions. 2 If during the construction of a specified work by the undertaker, Network Rail gives notice to the undertaker that Network Rail desires itself to construct that part of the specified work which in the opinion of the engineer is endangering the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the undertaker decides that part of the specified work is to be constructed, Network Rail must assume construction of that part of the specified work and the undertaker must, notwithstanding any such approval of a specified work under paragraph 78 , pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may suffer by reason of the execution by Network Rail of that specified work. 3 The engineer must, in respect of the capitalised sums referred to in this paragraph and paragraph 83(a) provide such details of the formula by which those sums have been calculated as the undertaker may reasonably require. 4 If the cost of maintaining, working or renewing railway property is reduced in consequence of any such alterations or additions a capitalised sum representing such saving must be set off against any sum payable by the undertaker to Network Rail under this paragraph. 83 The undertaker must repay to Network Rail all reasonable fees, costs, charges and expenses reasonably incurred by Network Rail— a in constructing any part of a specified work on behalf of the undertaker as provided by paragraph 78 or in constructing any protective works under the provisions of paragraph 78(3) including, in respect of any permanent protective works, a capitalised sum representing the cost of maintaining and renewing those works; b in respect of the approval by the engineer of plans submitted by the undertaker and the supervision by the engineer of the construction of a specified work; c in respect of the employment or procurement of the services of any inspectors, signallers, watch-persons and other persons whom it shall be reasonably necessary to appoint for inspecting, signalling, watching and lighting railway property and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of a specified work; d in respect of any special traffic working resulting from any speed restrictions which may in the opinion of the engineer, require to be imposed by reason or in consequence of the construction or failure of a specified work or from the substitution or diversion of services which may be reasonably necessary for the same reason; and e in respect of any additional temporary lighting of railway property in the vicinity of the specified works, being lighting made reasonably necessary by reason or in consequence of the construction or failure of a specified work. 84 1 In this paragraph— “ EMI ” means, subject to sub-paragraph (2) , electromagnetic interference with Network Rail apparatus generated by the operation of the authorised development where such interference is of a level which adversely affects the safe operation of Network Rail’s apparatus; and “ Network Rail’s apparatus ” means any lines, circuits, wires, apparatus or equipment (whether or not modified or installed as part of the authorised development) which are owned or used by Network Rail for the purpose of transmitting or receiving electrical energy or of radio, telegraphic, telephonic, electric, electronic or other like means of signalling or other communications. 2 This paragraph applies to EMI only to the extent that such EMI is not attributable to any change to Network Rail’s apparatus carried out after approval of plans under paragraph 78(1) for the relevant part of the authorised development giving rise to EMI (unless the undertaker has been given notice in writing before the approval of those plans of the intention to make such change). 3 Subject to sub-paragraph (5) , the undertaker must in the design and construction of the authorised development take all measures necessary to prevent EMI and must establish with Network Rail (both parties acting reasonably) appropriate arrangements to verify their effectiveness. 4 In order to facilitate the undertaker’s compliance with sub-paragraph (3) — a the undertaker must consult with Network Rail as early as reasonably practicable to identify all Network Rail’s apparatus which may be at risk of EMI, and thereafter must continue to consult with Network Rail (both before and after formal submission of plans under paragraph 78(1) ) in order to identify all potential causes of EMI and the measures required to eliminate them; b Network Rail must make available to the undertaker all information in the possession of Network Rail reasonably requested by the undertaker in respect of Network Rail’s apparatus identified pursuant to paragraph (a) ; and c Network Rail must allow the undertaker reasonable facilities for the inspection of Network Rail’s apparatus identified pursuant to paragraph (a) . 5 In any case where it is established that EMI can only reasonably be prevented by modifications to Network Rail’s apparatus, Network Rail must not withhold its consent unreasonably to modifications of Network Rail’s apparatus, but the means of prevention and the method of their execution must be selected in the reasonable discretion of Network Rail, and in relation to such modifications paragraph 78(1) has effect subject to the sub-paragraph. 6 Prior to the commencement of operation of the authorised development the undertaker shall test the use of the authorised development in a manner that shall first have been agreed with Network Rail and if, notwithstanding any measures adopted pursuant to sub-paragraph (3) , the testing of the authorised development causes EMI then the undertaker must immediately upon receipt of notification by Network Rail of such EMI either in writing or communicated orally (such oral communication to be confirmed in writing as soon as reasonably practicable after it has been issued) forthwith cease to use (or procure the cessation of use of) the undertaker’s apparatus causing such EMI until all measures necessary have been taken to remedy such EMI by way of modification to the source of such EMI or (in the circumstances, and subject to the consent, specified in sub-paragraph (5) ) to Network Rail’s apparatus. 7 In the event of EMI having occurred— a the undertaker must afford reasonable facilities to Network Rail for access to the undertaker’s apparatus in the investigation of such EMI; b Network Rail must afford reasonable facilities to the undertaker for access to Network Rail’s apparatus in the investigation of such EMI; c Network Rail must make available to the undertaker any additional material information in its possession reasonably requested by the undertaker in respect of Network Rail’s apparatus or such EMI; and d the undertaker shall not allow the use or operation of the authorised development in a manner that has caused or will cause EMI until measures have been taken in accordance with this paragraph to prevent EMI occurring. 8 Where Network Rail approves modifications to Network Rail’s apparatus pursuant to sub-paragraphs (5) or (6) — a Network Rail must allow the undertaker reasonable facilities for the inspection of the relevant part of Network Rail’s apparatus; and b any modifications to Network Rail’s apparatus approved pursuant to those sub-paragraphs must be carried out and completed by the undertaker in accordance with paragraph 79 . 9 To the extent that it would not otherwise do so, the indemnity in paragraph 88(2) applies to the costs and expenses reasonably incurred or losses suffered by Network Rail through the implementation of the provisions of this paragraph (including costs incurred in connection with the consideration of proposals, approval of plans, supervision and inspection of works and facilitating access to Network Rail’s apparatus) or in consequence of any EMI to which sub-paragraph (6) applies. 10 For the purpose of paragraph 83(a) any modifications to Network Rail’s apparatus under this paragraph shall be deemed to be protective works referred to in that paragraph. 11 In relation to any dispute arising under this paragraph the reference in article 44 (arbitration) to the Institution of Civil Engineers shall be read as a reference to the Institution of Engineering and Technology. 85 If at any time after the completion of a specified work, not being a work vested in Network Rail, Network Rail gives notice to the undertaker informing it that the state of maintenance of any part of the specified work appears to be such as adversely affects the operation of railway property, the undertaker must, on receipt of such notice, take such steps as may be reasonably necessary to put that specified work in such state of maintenance as not adversely to affect railway property. 86 The undertaker must not provide any illumination or illuminated sign or signal on or in connection with a specified work in the vicinity of any railway belonging to Network Rail unless it has first consulted Network Rail and it must comply with Network Rail’s reasonable requirements for preventing confusion between such illumination or illuminated sign or signal and any railway signal or other light used for controlling, directing or securing the safety of traffic on the railway. 87 Any additional expenses which Network Rail may reasonably incur in altering, reconstructing or maintaining railway property under any powers existing at the making of this Order by reason of the existence of a specified work must, provided that 56 days’ previous notice of the commencement of such alteration, reconstruction or maintenance has been given to the undertaker, be repaid by the undertaker to Network Rail. 88 1 In this paragraph— “ the relevant costs ” means the costs, losses and expenses (including loss of revenue) reasonably incurred by each train operator as a consequence of any specified work including but not limited to any restriction of the use of Network Rail’s railway network as a result of the construction, maintenance or failure of a specified work or any such act or omission as mentioned in sub-paragraph (2) ; and “ train operator ” means any person who is authorised to act as the operator of a train by a licence under section 8 of the Railways Act 1993. 2 The undertaker must pay to Network Rail all reasonable costs, charges, damages and expenses not otherwise provided for in this Part of this Schedule (subject to article 36 (no double recovery)) which may be occasioned to or reasonably incurred by Network Rail— a by reason of the construction, maintenance or operation of a specified work or the failure thereof; b by reason of any act or omission of the undertaker or of any person in its employ or of its contractors or others whilst engaged upon a specified work; c by reason of any act or omission of the undertaker or any person in its employ or of its contractors or others whilst accessing to or egressing from the authorised development; d in respect of any damage caused to or additional maintenance required to, railway property or any such interference or obstruction or delay to the operation of the railway as a result of access to or egress from the authorised development by the undertaker or any person in its employ or of its contractors or others; and e in respect of costs incurred by Network Rail in complying with any railway operational procedures or obtaining any regulatory consents which procedures are required to be followed or consents obtained to facilitate the carrying out or operation of the authorised development, and the undertaker must indemnify and keep indemnified Network Rail from and against all claims and demands arising out of or in connection with a specified work or any such failure, act or omission, and the fact that any act or thing may have been done by Network Rail on behalf of the undertaker or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under the engineer’s supervision shall not (if it was done without negligence on the part of Network Rail or of any person in its employ or of its contractors or agents) excuse the undertaker from any liability under the provisions of this sub-paragraph. 3 Network Rail must— a give the undertaker reasonable written notice of any such claims or demands; b not make any settlement or compromise of such a claim or demand without the prior consent of the undertaker; and c take such steps as are within its control and are reasonable in the circumstances to mitigate any liabilities relating to such claims or demands. 4 The sums payable by the undertaker under sub-paragraph (2) shall if relevant include a sum equivalent to the relevant costs. 5 Subject to the terms of any agreement between Network Rail and a train operator regarding the timing or method of payment of the relevant costs in respect of that train operator, Network Rail must promptly pay to each train operator the amount of any sums which Network Rail receives under sub-paragraph (4) which relates to the relevant costs of that train operator. 6 The obligation under sub-paragraph (4) to pay Network Rail the relevant costs shall, in the event of default, be enforceable directly by any train operator concerned to the extent that such sums would be payable to that operator pursuant to sub-paragraph (5) . 89 Network Rail must, on receipt of a request from the undertaker, from time to time provide the undertaker free of charge with written estimates of the costs, charges, expenses and other liabilities for which the undertaker is or will become liable under this Part of this Schedule (including the amount of the relevant costs mentioned in paragraph 88 ) and with such information as may reasonably enable the undertaker to assess the reasonableness of any such estimate or claim made or to be made pursuant to this Part of this Schedule (including any claim relating to those relevant costs). 90 In the assessment of any sums payable to Network Rail under this Part of this Schedule there must not be taken into account any increase in the sums claimed that is attributable to any action taken by or any agreement entered into by Network Rail if that action or agreement was not reasonably necessary and was taken or entered into with a view to obtaining the payment of those sums by the undertaker under this Part of this Schedule or increasing the sums so payable. 91 The undertaker and Network Rail may, subject in the case of Network Rail to compliance with the terms of its network licence, enter into, and carry into effect, agreements for the transfer to the undertaker of— a any railway property shown on the works plans and land plans and described in the book of reference; b any land, works or other property held in connection with any such railway property; and c any rights and obligations (whether or not statutory) of Network Rail relating to any railway property or any lands, works or other property referred to in this paragraph. 92 Nothing in this Order, or in any enactment incorporated with or applied by this Order, prejudices or affects the operation of Part I of the Railways Act 1993. 93 The undertaker must give written notice to Network Rail if any application is proposed to be made by the undertaker for the Secretary of State’s consent, under article 7 (consent to transfer benefit of the Order) of this Order and any such notice must be given no later than 28 days before any such application is made and must describe or give (as appropriate)— a the nature of the application to be made; b the extent of the geographical area to which the application relates; and c the name and address of the person acting for the Secretary of State to whom the application is to be made. 94 The undertaker must no later than 28 days from the date that the plans submitted to and certified by the Secretary of State in accordance with article 41 (certification of plans etc.) are certified by the Secretary of State, provide a set of those plans to Network Rail in a format specified by Network Rail. 95 In relation to any dispute arising under this part of this Part of this Schedule (except for those disputes referred to in paragraph 84(11) ), the provisions of article 44 (arbitration) shall not apply and any such dispute, unless otherwise provided for, must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) to the President of the Institution of Civil Engineers. PART 8 FOR THE PROTECTION OF LONDON ST PANCRAS HIGHSPEED 96 The following provisions of this Part of this Schedule have effect, unless otherwise agreed in writing between the undertaker and the Company. 97 In this Part of this Schedule— “ CDM Regulations ” means the Construction (Design and Management) Regulations 2015 ; “ Company ” means HS1 Limited, trading as London St. Pancras Highspeed (company number 03539665, whose registered office is at 5th Floor, Kings Place, 90 York Way, London N1 9AG) and any HS1 Group Company which holds property for railway purposes; “ concession agreement ” means the agreement between the Secretary of State for Transport and the Company for the design, construction, financing, operation, repair and maintenance of High Speed 1 as amended or supplemented from time to time; “ construction ” includes execution, placing, alteration, testing and commissioning (and, where relevant, the removal, alteration, re-carrying out after testing/commissioning or re-testing/commissioning) and reconstruction and construct and constructed have corresponding meanings; “ contamination ” means the presence of any substance at, in, on or under any given property, that is capable of causing harm to the environment; “ emergency ” means fouling of the line, any plant and/or equipment failing and/or falling within the fence, anything touching the overheads, any breach of the security fence, or any activity which adversely affects the stability or safety of any earthwork or structure (including track, overheads and/or stanchions); “ the engineer ” means an engineer appointed by the Company for the purposes of this Order; “ environment ” means any one or more of— air (including air within natural or manmade structures, above or below ground); water (including water under or within land, or in drains or sewers, and surface, ground, coastal and inland waters); land (including surface land, sub-surface strata, land under water and natural and man-made structures); and living organisms (including humans) including the ecological systems of which they form part, and, in the case of man, his senses and his property; “ High Speed 1 ” means the high speed rail link between St Pancras in the London Borough of Camden and the Channel Tunnel Portal at Castle Hill, Folkestone, Kent and the international stations at St Pancras, Stratford and Ebbsfleet and Ashford and all associated track, facilities and installations, including the Waterloo Connection and the maintenance depots at Temple Mills and Singlewell; “ HS1 group company ” means any subsidiary or holding company of the Company or of another subsidiary or holding company of the Company, as “subsidiary” and “holding company” are understood within section 1159, Companies Act 2006, but on the basis that the holding of not less than one quarter of voting rights shall be deemed to satisfy the condition in section 1159(1)(a); “ HS1 property ” means any land (whether freehold or leasehold), easement, property interest, railway, infrastructure, structure (or any part of any of the foregoing) including works, apparatus or equipment, leased, owned, held or used by the Company for the purposes of High Speed 1 that may be affected by the authorised development; “ network licence ” means the network licence, as is amended from time to time, granted to the Company by the Secretary of State in exercise of powers pursuant to the Railways Act 1993 ; “ plans ” includes sections, designs, design data, software, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals, programmes and details of the extent, timing and duration of any proposed occupation of HS1 property; “ protective works ” means any works specified by the engineer under paragraph 100 ; “ railway operational procedures ” means procedures specified under any access agreement (as defined in the Railways Act 1993) or station lease; and “ specified work ” means so much of any of the authorised development as is, or is to be, situated upon, across, under, over or within 15 metres of, or may (or whose maintenance may) in any way adversely affect, HS1 property. 98 1 Where under this Part of this Schedule the Company is required to give its consent, agreement or approval in respect of any matter, that consent, agreement or approval is subject to the condition that the Company must comply with any relevant railway operational procedures, any obligations under statute and the concession agreement. 2 In so far as any specified work or the acquisition or use of HS1 property or rights over HS1 property is or may be subject to railway operational procedures, the Company must— a co-operate with the undertaker and use its reasonable endeavours to avoid delay and secure conformity as between any plans approved by the engineer and requirements emanating from those procedures; and b use its reasonable endeavours to avoid any conflict arising between the application of those procedures and the proper implementation of the authorised development under this Order. 99 1 The undertaker shall not exercise the powers conferred by articles 20 (authority to survey and investigate the land), 21 (compulsory acquisition of land), 23 (statutory authority to override easements and other rights), 25 (compulsory acquisition of rights and imposition of restrictive covenants), 26 (private rights), 28 (acquisition of subsoil and airspace only), 30 (temporary use of land for carrying out the authorised development), 32 (temporary use of land for maintaining the authorised development), 33 (statutory undertakers), and 38 (use of subsoil and airspace within the Order limits) of the Order or the powers conferred by section 11(3) of the Compulsory Purchase Act 1965 in respect of any HS1 property unless the exercise of such powers is with the consent of the Company. 2 The undertaker shall not in the exercise of the powers conferred by the Order prevent pedestrian or vehicular access to any HS1 property, unless preventing such access is with the consent of the Company. 3 The undertaker shall not under the powers of the Order acquire or use or acquire new rights over any HS1 property except with the consent of the Company. 100 1 Where the Company is asked to give its consent pursuant to this paragraph, such consent shall not be unreasonably withheld but may be given subject to reasonable conditions. 2 The undertaker must, before commencing construction of any specified work, supply to the Company proper and sufficient plans of that work for the reasonable approval of the engineer and the specified work must not be commenced except in accordance with such plans as have been approved in writing by the engineer or settled by arbitration under article 44 (arbitration). 3 The approval of the engineer under sub-paragraph (2) must not be unreasonably withheld, and if by the end of the period of 30 business days beginning with the date on which such plans have been supplied to the Company the engineer has not intimated disapproval of those plans and the grounds of disapproval the undertaker may serve upon the engineer written notice requiring the engineer to intimate approval or disapproval within a further period of 10 business days beginning with the date upon which the engineer receives written notice from the undertaker and if, by the expiry of the further 10 business days period specified in the written notice the engineer has not intimated approval or disapproval, the engineer is deemed to have refused the plans as submitted and the undertaker shall be entitled to refer the dispute for arbitration in accordance with the provisions of article 44 (arbitration) of this Order. Where the engineer notifies the undertaker that it withholds its approval under sub-paragraph (2) and gives its reasons, the undertaker shall resubmit such plans amended to address the engineer’s reasons as soon as practicable and the provisions of this paragraph 100 shall apply to the revised plans. 4 The undertaker shall ensure compliance with any conditions imposed by the engineer if and when approving any given plans. 5 If the Company gives notice to the undertaker that it desires itself to construct any part of a specified work or protective work (including in either case some or all of the requisite design) which in the reasonable opinion of the engineer will or may affect the stability of HS1 property or the safe operation of traffic on High Speed 1 then, if the undertaker desires such part of the specified work to be constructed and subject to sub-paragraph (4), the Company must construct it (together with any adjoining part of the specified work which the undertaker reasonably requires to be constructed with that work with all reasonable dispatch on behalf of and to the reasonable satisfaction of the undertaker in accordance with the plans approved or deemed to be approved or settled under this paragraph, and under the supervision (where appropriate and if given) of the undertaker. 6 When signifying approval of the plans under sub-paragraph (2) the engineer may specify any protective works (whether temporary or permanent) which in the engineer’s reasonable opinion should be carried out before the commencement of the construction of a specified work to ensure the safety or stability of HS1 property or the continuation of safe and efficient operation of High Speed 1 or the services of operators using the same (including any relocation de-commissioning and removal of works, apparatus and equipment necessitated by a specified work and the comfort and safety of passengers who may be affected by the specified works), and such protective works as may be reasonably necessary for those purposes must be constructed by the Company, or by the undertaker, if the Company so desires, and such protective works must be carried out at the expense of the undertaker in either case without unnecessary delay and the undertaker must not commence the construction of the specified works until the engineer has notified the undertaker that the protective works have been completed to the engineer’s reasonable satisfaction. 7 Without prejudice to the provisions of sub-paragraph (6), in a case of emergency the Company may elect to carry out itself any protective works or any alteration or addition (or other work) as may be specified under paragraph 104 , in which case such work shall be carried out by the Company with all reasonable dispatch. 8 Subject to sub-paragraph (9), if, in any case, the carrying out of the specified works requires the diversion or other alteration of any road or the alteration, removal, replacement or protection of any apparatus belonging to third parties (including mains, sewers, pipes, drains and cables), the undertaker shall be responsible for— a obtaining all requisite consents and approvals for such works; b ensuring such works do not significantly impact on any access or any use of any utilities by the Company; and c meeting any and all costs, fees, charges and expenses associated with such works, including any compensation or other amounts payable to third parties. 9 Where the Company is carrying out any specified works pursuant to sub-paragraph (5) and the carrying out of the specified works requires the diversion or other alteration of any road or the alteration, removal, replacement or protection of any apparatus belonging to third parties (including mains, sewers, pipes, drains and cables), the Company shall be responsible for— a obtaining all requisite consents and approvals for such works; and b ensuring such works do not significantly impact on any access or any use of any utilities by the undertaker. 101 1 Any specified work and any protective works to be constructed by virtue of paragraph 100(5) must, when commenced, be constructed— a without unnecessary delay in accordance with the plans approved or deemed to have been approved or settled under paragraph 100 ; b under the supervision (where appropriate and if given) and to the reasonable satisfaction of the engineer; c in such manner as to cause as little damage as is reasonably possible to HS1 property; and d so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe use of any railway of the Company or the traffic on it and the use by passengers of HS1 property. 2 The undertaker shall forthwith halt the carrying out of any specified work or protective work or do anything reasonably required by the engineer (including the carrying out of emergency works) to ensure the safety, security, stability, operation or maintenance of High Speed 1. The engineer shall notify the undertaker of the action required to be taken by the undertaker in order to rectify the situation. The undertaker shall be entitled to recommence performance of the specified work or protective work provided that they are in accordance with such action as the engineer requires the undertaker to take. 3 If any damage to HS1 property or any such interference or obstruction is caused by the carrying out of, or in consequence of the construction of, a specified work by the undertaker or any person for whom the undertaker is responsible or a protective work carried out by the undertaker or any person for whom the undertaker is responsible, the undertaker must, regardless of any such approval, make good such damage and must pay to the Company all expenses properly and reasonably incurred by the Company and compensation for any direct loss which it may sustain by reason of any such damage, interference or obstruction. 4 If the carrying out of the specified works or the protective works or any act, omission, neglect or default on the part of the undertaker or any person for whom the undertaker is responsible, results in any contamination which has the potential to adversely affect HS1 property, or disturbs or causes to be disturbed any existing contamination which has the potential to adversely affect HS1 property in addition to any other rights— a the Company may give the undertaker a notice specifying the remedial action it reasonably requires and a reasonable period for the undertaker to do it; and b the undertaker shall undertake the remedial action within the stated period at its own costs and to the Company’s reasonable satisfaction. 5 If the undertaker does not complete the remedial action within the stated period, the Company may do so and the undertaker shall pay the costs which the Company incurs in doing so plus 7% on account of overheads (on demand and as a debt) provided that any such delay could have been avoided by the undertaker acting reasonably. 6 Nothing in this Part of this Schedule imposes any liability on the undertaker with respect to any damage, costs, expenses or loss attributable to the negligence of the Company or its servants, contractors or agents, or any liability on the Company with respect of any damage, costs, expenses or loss attributable to the negligence of the undertaker or the undertaker’s employees, contractors or agents. 102 The undertaker must— a at all times afford reasonable facilities to the engineer for access to a specified work or protective work during its construction; and b supply the engineer with all such information as the engineer may reasonably require with regard to a specified work or protective work or the method of constructing it. 103 The Company must at all times afford reasonable facilities to the undertaker and the undertaker’s agents for access to any works carried out by the Company under this Part of this Schedule during their construction and must supply the undertaker with such information as the undertaker may reasonably require with regard to such works or the method of constructing them. 104 1 If any permanent or temporary alterations or additions to HS1 property are reasonably necessary in consequence of the construction of a specified work or a protective work, or during a period of 12 months after the completion of that work in order to ensure the safety of HS1 property or the continued safe operation of the railway of the Company, such alterations and additions may be carried out by the Company and if the Company gives to the undertaker reasonable notice of its intention to carry out such alterations or additions (and the notice must specify details of alterations and additions including the costs of carrying out, and in the case of any permanent alterations or additions, maintaining, working and, when necessary, renewing such alterations or additions), the undertaker must pay to the Company the reasonable cost of those alterations or additions including, in respect of any such alterations and additions as are to be permanent, a capitalised sum representing the increase of the costs which may be expected to be properly and reasonably incurred by the Company in maintaining, working and, when necessary, renewing any such alterations or additions provided the undertaker acting reasonably approves the costs contained in the notice provided under this paragraph prior to the works being carried out. 2 If during the construction of a specified work or a protective work by the undertaker, the Company gives notice to the undertaker that the Company desires itself to construct that part of the specified work or protective work which in the reasonable opinion of the engineer is endangering the stability of HS1 property or the safe operation of traffic on High Speed 1 then, if the undertaker decides that part of the specified work or protective work is to be constructed, the Company must assume construction of that part of the specified work or protective work and the undertaker must, regardless of any such approval of a specified work or protective work under paragraph 100 , pay to the Company all expenses properly and reasonably incurred by the Company and compensation for any direct loss which it may suffer by reason of the execution by the Company of that specified work or protective work provided that the undertaker is not liable under this paragraph for any injury, loss, damage, costs arising from the negligence of the Company or any person for whom it is responsible in respect of any specified or protective works under. 3 If the cost of maintaining, working or renewing HS1 property are reduced in consequence of any such alterations or additions a capitalised sum representing such saving is to be notified to the undertaker by the Company as soon as reasonably practicable and is to be set off against any sum payable by the undertaker to the Company under this paragraph. 4 The engineer must, in respect of the capitalised sums referred to in this paragraph and paragraph 105 provide such details of the formula by which those sums have been calculated as the undertaker may reasonably require. 5 Other than as expressly set out in this Part of this Schedule, the Company shall have no liability to the undertaker arising out of or in consequence of any works to which this Part of this Schedule applies save where the Company or its contractors have been negligent. This applies whatever the manner in which liability might otherwise have arisen (whether for breach of contract, in tort, for breach of statutory duty or otherwise) and whether such liability would otherwise have arisen in respect of losses, damages, costs, liabilities, injuries, actions, claims, proceedings or matters suffered or incurred by or brought against the undertaker (including, without limitation, in respect of any works carried out pursuant to paragraphs 100(6) , 100(8) or 104(2) of this Part of this Schedule) of the Company or otherwise. 6 Where has liability to the undertaker under this Schedule shall use best endeavours to pursue its appointed consultant(s) and contractor(s) in respect of the remedying defects in the relevant works in accordance with the terms of their appointments. To the extent that recovers any monies from such consultant(s) or contractor(s) the Company shall pay or apply such monies as can, in its reasonable opinion, be apportioned works— a first in meeting its own costs, liabilities and losses (current, anticipated or otherwise) (if any); and b any balance then being paid to the undertaker. 105 The undertaker must repay to the Company all fees, costs, charges and expenses properly and reasonably incurred by the Company— a in constructing any part of a specified work on behalf of the undertaker as provided by paragraph 100 or in constructing any protective works including, in respect of any permanent protective works, a capitalised sum representing the cost of maintaining and renewing those works; b in respect of the reasonable approval by the engineer of plans submitted by the undertaker and the supervision by the engineer of the construction of a specified work or a protective work; c in respect of the employment or procurement of the services of any inspectors, signallers, watchkeepers and other persons whom it is reasonably necessary to appoint for inspecting, signalling, watching and lighting HS1 property and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of a specified work or a protective work; d in respect of any special traffic working resulting from any speed restrictions which may in the reasonable opinion of the engineer, require to be imposed by reason or in consequence of the construction or failure of a specified work or a protective work or from the substitution or diversion of services which may be reasonably necessary for the same reason; and e in respect of any additional temporary lighting of HS1 property in the vicinity of the specified works, being lighting made reasonably necessary by reason or in consequence of the construction or failure of a specified work or a protective work, provided that the undertaker is not liable for any injury, loss, damage, costs nor is the undertaker required to repay any sums under paragraphs (a) to (e) which arise from, or in connection with, the Company in carrying out any specified works or protective works negligently. 106 1 In this paragraph— “ EMI ” means, subject to sub-paragraph (2), electromagnetic interference with the Company’s apparatus generated by the operation of the authorised development where such interference is of a level which adversely affects the safe operation of the Company’s apparatus; “ Company’s apparatus ” means any lines, circuits, wires, apparatus or equipment (whether or not modified or installed as part of the authorised development) which are owned or used by the Company for the purpose of transmitting or receiving electrical energy or of radio, telegraphic, telephonic, electric, electronic or other like means of signalling or other communications. 2 This paragraph applies to EMI only to the extent that such EMI is not attributable to any change to the Company’s apparatus carried out after approval of plans under paragraph 100(2) for the relevant part of the authorised development giving rise to EMI (unless the undertaker has been given notice in writing before the approval of those plans of the intention to make such change). 3 Subject to sub-paragraph (5), the undertaker must in the design and construction of the authorised development take all measures necessary to prevent EMI and must establish with the Company (both parties acting reasonably) appropriate arrangements to verify their effectiveness. 4 In order to facilitate the undertaker’s compliance with sub-paragraph (3)— a the undertaker must consult with the Company as early as reasonably practicable to identify all of the Company’s apparatus which may be at risk of EMI, and must continue to consult with the Company (both before and after formal submission of plans under paragraph 100(2) ) in order to identify all potential causes of EMI and the measures required to eliminate them; b the Company must make available to the undertaker all information in the possession of the Company reasonably requested by the undertaker in respect of the Company’s apparatus identified under paragraph (a); and c the Company must allow the undertaker reasonable facilities for the inspection of the Company’s apparatus identified under paragraph (a). 5 In any case where it is established that EMI can only reasonably be prevented by modifications to the Company’s apparatus, the Company must not withhold or delay its consent unreasonably to modifications of the Company’s apparatus, but the means of prevention and the method of their execution must be selected at the reasonable discretion of the Company, and in relation to such modifications paragraph 100(2) has effect subject to this paragraph. 6 If at any time prior to the completion of the authorised development and regardless of any measures adopted under sub-paragraph (3), the testing or commissioning of the authorised development causes EMI then the undertaker must immediately upon receipt of notification by the Company of such EMI either in writing or communicated orally (such oral communication to be confirmed in writing as soon as reasonably practicable after it has been issued) forthwith cease to use (or procure the cessation of use of) the undertaker’s apparatus causing such EMI until all measures necessary have been taken to remedy such EMI by way of modification to the source of such EMI or (in the circumstances, and subject to the consent, specified in sub-paragraph (5)) to the Company’s apparatus. 7 In the event of EMI having occurred— a the undertaker must afford reasonable facilities to the Company for access to the undertaker’s apparatus in the investigation of such EMI; b the Company must afford reasonable facilities to the undertaker for access to the Company’s apparatus in the investigation of such EMI; and c the Company must make available to the undertaker any additional material information in its possession reasonably requested by the undertaker in respect of the Company’s apparatus or such EMI. 8 Where the Company approves modifications to the Company’s apparatus under sub-paragraphs (5) or (6)— a the Company must allow the undertaker reasonable facilities for the inspection of the relevant part of the Company’s apparatus; and b any modifications to the Company’s apparatus approved under those paragraphs must be carried out and completed by the undertaker in accordance with paragraph 101 . 9 If any changes in the operation of High Speed 1 cause EMI (whether or not measures have been adopted pursuant to sub-paragraph (3)) then the undertaker shall as quickly as reasonably practicable after notification by the Company of EMI take all measures necessary to remedy the same by way of modification to the source of such EMI or (as the case may be) further protective works or modification to the specified works or the Company’s apparatus (subject to the Company’s approval under sub-paragraph (5)). 10 To the extent that it would not otherwise do so, and unless otherwise expressly stated, the indemnity in paragraph 110(1) applies to the costs and expenses reasonably incurred or losses suffered by the Company through the implementation of the provisions of this paragraph (including costs incurred in connection with the consideration of proposals, approval of plans, supervision and inspection of works and facilitating access to the Company’s apparatus) or in consequence of any EMI to which sub-paragraph (7) applies. 11 For the purpose of paragraph 104(1) any modifications to the Company’s apparatus under this paragraph are deemed to be protective works referred to in that paragraph. 12 In relation to any dispute arising under this paragraph the reference in article 44 (arbitration) to a single arbitrator to be agreed between the parties is to be read as a reference to an arbitrator being a member of the Institution of Engineering and Technology to be agreed. 107 If at any time after the completion of a specified work or a protective work, not being a work vested in the Company, the Company gives notice to the undertaker informing it that the state of maintenance of any part of the specified work or protective work appears to be such as adversely affects the operation of HS1 property, the undertaker must, on receipt of such notice, take such steps as may be reasonably necessary to put that specified work or protective work in such state of maintenance as to not adversely affect HS1 property. 108 The undertaker must not provide any illumination or illuminated sign or signal on or in connection with a specified work or a protective work in the vicinity of any railway belonging to the Company unless the undertaker has first consulted the Company and the undertaker must comply with the Company’s reasonable requirements for preventing confusion between such illumination or illuminated sign or signal and any railway signal or other light used for controlling, directing or securing the safety of traffic on the railway. 109 Any additional expenses which the Company may properly and reasonably incur in altering, reconstructing or maintaining HS1 property under any powers existing at the making of this Order by reason of the existence of a specified work or a protective work must-provided that 5 business days’ previous written notice of the commencement of such alteration, reconstruction or maintenance has been given to the undertaker be repaid by the undertaker to the Company. 110 1 The undertaker must pay to the Company all reasonable and properly incurred costs, charges, damages and expenses not otherwise provided for in this Part of this Schedule (but subject always to the remaining provisions of this paragraph and to article 36 (no double recovery)) which may be occasioned to or reasonably incurred by the Company— a by reason of the construction or maintenance of a specified work or a protective work or the failure of it by the undertaker or of any person in the undertaker’s employ or of the undertaker’s contractors; or b by reason of any act or omission of the undertaker or of any person in the undertaker’s employ or of the undertaker’s contractors whilst engaged upon a specified work or a protective work, and the undertaker must indemnify and keep indemnified the Company from and against each and all losses, claims, demands, actions, proceedings, damages, matters, costs, expenses and liabilities whatsoever arising in any way from, in connection with or relating to a specified work or a protective work or any such failure, act or omission; save where the Company or its contractors have been negligent and the fact that any act or thing may have been done by the Company on behalf of the undertaker or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under the engineer’s supervision will not (provided it is done without negligence on the part of the Company or of any person in its employ or of its contractors or agents) excuse the undertaker from any liability under the provisions of this paragraph. 2 The indemnity in sub-paragraph (1) shall include but shall not be limited to any losses, claims, demands, actions, proceedings, damages, matters, costs, expenses and liabilities which arise out of the works in respect of— a any disruption caused to High Speed 1 during the period of the specified works; b any claims for personal injury or death to/concerning employees or third parties; c any loss, damage or environmental damage (to include pollution, contamination, the presence of hazardous substances or waste, and nuisance) to High Speed 1 and/or HS1 property whether temporary or permanent or to any adjoining or neighbouring property (whether real or personal) belonging to, used by or in the possession of the Company and/or any third parties or for which the Company or any such third parties are responsible or liable which results from the specified works; d any financial loss claims brought against the Company, any HS1 group company, any train or freight operating company, or any infrastructure manager, whether or not loss or damage to material property is suffered or incurred; e the carrying out of the specified works, or the failure of any such works; f any act, omission or neglect on the part undertaker, or any person involved in the carrying out of any specified works. 3 During the period of the specified works, the undertaker shall procure that the undertaker’s contractor is insured against the liabilities referred to herein for an amount to be agreed between the parties (both acting reasonably), and shall provide details of such insurance upon request by the Company. The specified works shall not commence until such insurance has been procured and where requested by the Company evidence of such insurance has been provided. 4 The Company must— a give the undertaker written notice of any such claims or demands as soon as reasonably possible after the Company became aware of any such claims or demands; b not admit liability or make any offer to settle or settle or compromise any such claim or demand without the prior consent of the undertaker (which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand); c take all reasonable steps to mitigate any liabilities relating to such claims or demands; and d keep the undertaker informed in relation to the progress of any such claims and demands and pay due regard to the undertaker’s reasonable representations in relation to them. 111 The Company must, on receipt of a request from the undertaker, from time to time, provide the undertaker free of charge with a written breakdown of the estimates of the costs, charges, expenses, and other liabilities for which the undertaker is or will become liable under this Part of this Schedule (including the amount of the relevant costs mentioned in paragraph 110 and with such information as may reasonably enable the undertaker to assess the reasonableness of any such estimate or claim made or to be made under this Part of this Schedule (including any claim relating to those relevant costs). 112 In the assessment of any sums payable to the Company under this Part of this Schedule there must not be taken into account any increase in the sums claimed that is attributable to any action taken by or any agreement entered into by the Company if that action or agreement was not reasonably necessary and was taken or entered into with a view to obtaining the payment of those sums by the undertaker under this Part of this Schedule or increasing the sums so payable. 113 The undertaker and the Company may, subject to compliance with the terms of the concession agreement, enter into, and carry into effect, agreements for the transfer to the undertaker of— a any HS1 property shown on the works plans or land plans and described in the book of reference; b any lands, works or other property held in connection with any such HS1 property; and c any rights and obligations (whether or not statutory) of the Company relating to any HS1 property or any lands, works or other property referred to in this paragraph. 114 Nothing in this Order, or in any enactment incorporated with or applied by this Order, prejudices or affects the operation of Part 1 (the provision of railway services) of the Railways Act 1993. 115 Unless and to the extent agreed otherwise in writing by the parties, to the extent that the protective works and the specified works constitute a single project for the purposes of the CDM Regulations, the undertaker is to act as the only client for the purposes of the CDM Regulations and is to indemnify the Company from and against any, each and all reasonably foreseeable and properly mitigated losses, claims, demands, actions, proceedings, damages, costs, expenses and liabilities arising directly from, in connection with or out of any breach (by the undertaker) of the CDM Regulations provided that the Company shall comply with all health and safety laws and with its obligations under the CDM Regulations, and shall (without prejudice to the generality of the aforesaid) provide all information required by the undertaker in a timely manner and co-operate with the undertaker so as to enable the undertaker to fulfil its duties as the client. 116 The undertaker must give written notice to the Company if any application is proposed to be made by the undertaker for the Secretary of State’s consent under article 7 (consent to transfer benefit of Order) of this Order in relation to HS1 property or any specified works and any such notice must be given no later than 10 business days before any such application is made and must describe or give (as appropriate)— a the nature of the application to be made; b geographical area to which the application relates; and c the name and address of the person acting for the Secretary of State to whom the application is to be made. 117 The undertaker must no later than 20 Business Days from the date that the documents referred to in article 41 (certification of plans, etc.) are submitted to and certified by the Secretary of State in accordance with article 41 (certification of plans, etc.), provide a set of those documents to the Company in a digital format reasonably specified by the Company. 118 Any notice— a from the undertaker which may be provided to the Company under this Part may be given by a contractor of the undertaker; and b from the Company which may be provided to the undertaker, may be provided to the contractor of the undertaker, provided the undertaker has provided written notification of the contractor to the Company. SCHEDULE 14 DOCUMENTS AND PLANS TO BE CERTIFIED Article 41 PART 1 DOCUMENTS AND PLANS (1) Document name (2) Document reference (3) Revision number (4) Date AMS 7.17(A) 2 May 2025 Book of reference 4.1(A) 2 May 2025 Crown land plans 2.2 1 June 2024 Design principles 7.5(C) 4 April 2025 Environmental statement 5.1-5.4 1 June 2024 Land plans 2.1 1 June 2024 Outline battery safety management plan 7.16(A) 1 April 2025 Outline construction environmental management plan 7.8(A) 2 December 2024 Outline construction traffic management plan 7.9(C) 4 January 2025 Outline decommissioning environmental management plan 7.12 1 June 2024 Outline decommissioning traffic management plan 7.13(C) 4 January 2025 Outline landscape and ecological management plan 7.10(B) 3 January 2025 Outline operational management plan 7.11(A) 2 December 2024 Outline operational surface water drainage strategy 7.14(C) 4 March 2025 Outline rights of way and access strategy 7.15(A) 2 December 2024 Streets, rights of way and access plans 2.5 1 June 2024 Traffic regulations measures plans 2.4 1 June 2024 Vegetation removal plan 2.8 1 June 2024 Works plans 2.3(B) 3 December 2024 PART 2 SUBSTITUTE DOCUMENTS (1) Originating document (2) Replacement or supplementary part (3) Document reference (4) Date (5) Examination library reference Environmental statement Chapter 2: Site and Context 5.2(A) December 2024 [REP1-016] Environmental statement Chapter 3: Project Description 5.2(B) April 2025 [REP5-009] Environmental statement Chapter 5: Alternatives and Design Evolution 5.2(A) July 2024 [AS-101] Environmental statement Chapter 6: EIA Methodology 5.2(A) December 2024 [REP1-020] Environmental statement Chapter 7: Cultural Heritage 5.2(A) July 2024 [AS-011] Environmental statement Chapter 8: Landscape and Views 5.2(A) July 2024 [AS-012] Environmental statement Chapter 10: Water Environment 5.2(B) December 2024 [REP1-022] Environmental statement Chapter 12: Socio-economics 5.2(B) December 2024 [REP1-024] Environmental statement Chapter 13: Traffic and Access 5.2(D) January 2025 [REP3-012] Environmental statement Figures 10.1 - 10.8: Water Environment 5.3(A) April 2025 [REP5-011] Environmental statement Appendix 8.2: LVIA Methodology 5.4(A) July 2024 [AS-016] Environmental statement Appendix 8.10: LVIA Visualisations 5.4(A) July 2024 [AS-014] Environmental statement Appendix 8.11: Cumulative LVIA Visualisations 5.4(A) July 2024 [AS-015] Environmental statement Appendix 8.12: Cumulative Effects Table 5.4(B) January 2025 [REP3-014] Environmental statement Appendix 9.3: Arboricultural Impact Assessment 5.4(A) July 2024 [AS-017] Environmental statement Appendix 9.6: Air Quality Biodiversity Screening Report 5.4(A) December 2024 [REP1-030] Environmental statement Appendix 9.7: Assessment of Effects 5.4(A) December 2024 [REP1-032] Environmental statement Appendix 10.2: Flood Risk Assessment 5.4(B) April 2025 [REP5-015] Environmental statement Appendix 10.3: Water Framework Directive Assessment 5.4(A) July 2024 [AS-013] Environmental statement Appendix 10.4: Aldington Flood Risk Storage Area Risk Assessment 5.4(A) December 2024 [REP1-042] Environmental Statement Appendix 16.1: Soils and Agricultural Land Report 5.4(A) April 2025 [REP5-013] SCHEDULE 15 HEDGEROWS Article 43 PART 1 REMOVAL OF IMPORTANT HEDGEROWS (1) Area (2) Number of hedgerow and extent of removal Ashford Borough Council Removal of one section of hedgerow shown approximately within the area identified H3 on sheet 1 of the vegetation removal plan. Ashford Borough Council Removal of two sections of the hedgerow shown approximately within the areas identified H4 on sheet 1 of the vegetation removal plan. Ashford Borough Council Removal of two sections of the hedgerow shown approximately within the areas identified H5 on sheet 1 of the vegetation removal plan. Ashford Borough Council Removal of two sections of hedgerow shown approximately within the area identified H6 on sheet 1 of the vegetation removal plan. Ashford Borough Council Removal of one section of hedgerow shown approximately within the area identified H10 on sheet 1 of the vegetation removal plan. Ashford Borough Council Removal of one section of hedgerow shown approximately within the area identified H11 on sheets 1 and 2 of the vegetation removal plan. Ashford Borough Council Removal of two sections of hedgerow shown approximately within the areas identified H13 on sheet 1 of the vegetation removal plan. Ashford Borough Council Removal of one section of hedgerow shown approximately within the area identified H17 on sheets 1 and 2 of the vegetation removal plan. Ashford Borough Council Removal of one section of hedgerow shown approximately within the area identified H25 on sheets 1 and 2 of the vegetation removal plan. Ashford Borough Council Removal of one section of hedgerow shown approximately within the area identified H26 on sheets 1 and 2 of the vegetation removal plan. Ashford Borough Council Removal of one section of hedgerow shown approximately within the area identified H33 on sheets 2 and 3 of the vegetation removal plan. Ashford Borough Council Removal of one section of hedgerow shown approximately within the area identified H49 on sheets 2 and 3 of the vegetation removal plan. Ashford Borough Council Removal of one section of hedgerow shown approximately within the area identified H51 on sheets 2 and 3 of the vegetation removal plan. PART 2 REMOVAL OF HEDGEROWS (1) Area (2) Number of hedgerow and extent of removal Ashford Borough Council Removal of one section of hedgerow shown approximately within the area identified H22 on sheets 1 and 2 of the vegetation removal plan. Ashford Borough Council Removal of one section of hedgerow shown approximately within the area identified H28 on sheet 2 of the vegetation removal plan. Ashford Borough Council Removal of one section of hedgerow shown approximately within the area identified H34 on sheet 2 of the vegetation removal plan. Ashford Borough Council Removal of one section of hedgerow shown approximately within the area identified H54 on sheet 3 of the vegetation removal plan. Ashford Borough Council Removal of one section of hedgerow shown approximately within the area identified H60 on sheet 4 of the vegetation removal plan. Ashford Borough Council Removal of one section of hedgerow shown approximately within the area identified H56 on sheet 5 of the vegetation removal plan. SCHEDULE 16 ARBITRATION RULES Article 44 Primary objective 1 1 The primary objective of these arbitration rales is to achieve a fair, impartial, final and binding award on the substantive difference between the parties (save as to costs) within four months from the date the arbitrator is appointed pursuant to article 44 (arbitration) of the Order. 2 The arbitration is deemed to have commenced when a party (“ the claimant ”) serves a written notice of arbitration on the other party (“ the respondent ”). Time periods 2 1 All time periods in these arbitration rules will be measured in days and this is to include weekends, but not bank or public holidays. 2 Time periods will be calculated from the day after the arbitrator is appointed which must be either— a the date the arbitrator notifies the parties in writing of his/her acceptance of an appointment by agreement of the parties; or b the date the arbitrator is appointed by the Secretary of State. Timetable 3 1 The timetable for the arbitration is to be that set out in sub-paragraphs (2) to (4) unless amended in accordance with paragraph 5(3) . 2 Within 14 days of the arbitrator being appointed, the claimant must provide both the respondent and the arbitrator with— a a written statement of claim which describes the nature of the differences between the parties, the legal and factual issues, the claimant’s contentions as to those issues, the amount of its claim and the remedy it is seeking; and b all statements of evidence and copies of all documents on which it relies, including contractual documentation, correspondence (including electronic documents), legal precedents and expert witness reports. 3 Within 14 days of receipt of the claimant’s statements under sub-paragraph (2) by the arbitrator and respondent, the respondent must provide the claimant and the arbitrator with— a a written statement of defence consisting of a response to the claimant’s statement of claim, its statement in respect of the nature of the difference, the legal and factual issues in the claimant’s claim, its acceptance of any elements of the claimant’s claim and its contentions as to those elements of the claimant’s claim it does not accept; b all statements of evidence and copies of all documents on which it relies, including contractual documentation, correspondence (including electronic documents), legal precedents and expert witness reports; and c any objections it wishes to make to the claimant’s statements, comments on the claimant’s expert report(s) (if submitted by the claimant) and explanations for the objections. 4 Within seven days of the respondent serving its statements under sub-paragraph (3) , the claimant may make a statement of reply by providing both the respondent and the arbitrator with— a a written statement responding to the respondent’s submissions, including its reply in respect of the nature of the difference, the issues (both factual and legal) and its contentions in relation to the issues; b all statements of evidence and copies of documents in response to the respondent’s submissions; c any expert report in response to the respondent’s submissions; d any objections to the statements of evidence, expert reports or other documents submitted by the respondent; and e its written submissions in response to the legal and factual issues involved. Procedure 4 1 The parties’ pleadings, witness statements and expert reports (if any) must be concise. No single pleading is to exceed 30 single-sided A4 pages using 10pt Arial font. 2 The arbitrator must make an award on the substantive difference(s) based solely on the written material submitted by the parties unless the arbitrator decides that a hearing is necessary to explain or resolve any matters. 3 Either party may, within two days of delivery of the last submission, request a hearing giving specific reasons why it considers a hearing is required. 4 Within seven days of receiving the last submission, the arbitrator must notify the parties whether a hearing is to be held and the length of that hearing. 5 Within ten days of the arbitrator advising the parties that he/she is to hold a hearing, the date and venue for the hearing must be fixed by agreement with the parties, save that if there is no agreement the arbitrator must direct a date and venue which he/she considers is fair and reasonable in all the circumstances. The date for the hearing must not be less than 35 days from the date of the arbitrator’s direction confirming the date and venue of the hearing. 6 A decision will be made by the arbitrator on whether there is any need for expert evidence to be submitted orally at the hearing. If oral expert evidence is required by the arbitrator, then any expert(s) attending the hearing may be asked questions by the arbitrator. 7 There will be no process of examination and cross-examination of experts, but the arbitrator will invite the parties to ask questions of the experts by way of clarification of any answers given by the expert(s) in response to the arbitrator’s questions. Prior to the hearing the procedure for the expert(s) will be that— a at least 28 days before a hearing, the arbitrator will provide a list of issues to be addressed by the expert(s); b if more than one expert is called, they will jointly confer and produce a joint report or reports within 14 days of the issues being provided; and c the form and content of a joint report must be as directed by the arbitrator and must be provided at least seven days before the hearing. 8 Within 14 days of a hearing or a decision by the arbitrator that no hearing is to be held the parties may by way of exchange provide the arbitrator with a final submission in connection with the matters in dispute and any submissions on costs. The arbitrator must take these submissions into account in the award. 9 The arbitrator may make other directions or rulings as considered appropriate in order to ensure that the parties comply with the timetable and procedures to achieve an award on the substantive difference within four months of the date on which the arbitrator is appointed, unless both parties otherwise agree to an extension to the date for the award. 10 If a party fails to comply with the timetable, procedure or any other direction then the arbitrator may continue in the absence of a party or submission or document, and may make a decision on the submitted information attaching the appropriate weight to any evidence submitted beyond any timetable or in breach of any procedure or direction. 11 The arbitrator’s award must include reasons. The parties will accept that the extent to which reasons are given must be proportionate to the issues in dispute and the time available to the arbitrator to deliver the award. Arbitrator’s powers 5 1 The arbitrator has all the powers of the Arbitration Act 1996 , including the non-mandatory sections, save where modified by these arbitration rules in this Schedule. 2 There will be no discovery or disclosure, except that the arbitrator will have the power to order the parties to produce such documents as are reasonably requested by another party no later than the Statement of Reply, or by the arbitrator, where the documents are manifestly relevant, specifically identified and the burden of production is not excessive. Any application and orders should be made by way of a Redfern Schedule without any hearing. 3 Any time limits fixed in accordance with this procedure or by the arbitrator may be varied by agreement between the parties, subject to any such variation being acceptable to and approved by the arbitrator. In the absence of agreement, the arbitrator may vary the timescales and/or procedure— a if the arbitrator is satisfied that a variation of any fixed time limit is reasonably necessary to avoid a breach of the rules of natural justice; and b only for such a period that is necessary to achieve fairness between the parties. 4 On the date the award is made, the arbitrator will notify the parties that the award is completed, signed and dated, and that it will be issued to the parties on receipt of cleared funds for the arbitrator’s fees and expenses. Costs 6 1 The costs of the arbitration must include the fees and expenses of the arbitrator, the reasonable fees and expenses of any experts and the reasonable legal and other costs incurred by the parties for the arbitration. 2 Where the difference involves connected/interrelated issues, the arbitrator will consider the relevant costs collectively. 3 The final award must fix the costs of the arbitration and decide which of the parties will bear them or in what proportion they will be borne by the parties. 4 The arbitrator must award recoverable costs on the general principle that each party should bear its own costs, having regard to all material circumstances, including such matters as exaggerated claims or defences, the degree of success for different elements of the claims, claims that have incurred substantial costs, the conduct of the parties and the degree of success of a party. Confidentiality 7 1 Subject to sub-paragraphs (2) and (3) the parties agree that any hearings held as part of the arbitration will be open to and accessible by the public. 2 The arbitrator may direct that the whole or part of a hearing is to be private or any documentation to be confidential where it is necessary in order to protect commercially sensitive information. 3 Nothing in this paragraph will prevent any disclosure of a document by a party pursuant to an order of a court in England and Wales or where disclosure is required under any enactment. EXPLANATORY NOTE (This note is not part of the Order) This Order authorises EPL 001 Limited to construct a new solar power generating station on land located to the north of the village of Aldington in Kent and to carry out all associated works. The Order also makes provision for the construction, operation, maintenance and decommissioning of the authorised development. A copy of the plans, the environmental statement and other documents mentioned in this Order and certified in accordance with article 41 (certification of plans, etc.) of this Order may be inspected free of charge during working hours at Ashford Borough Council Offices, Civic Centre, Tannery Lane, Ashford, Kent TN23 1PL. 2008 c. 29 . Parts 1 to 7 were amended by Chapter 6 of Part 6 of and Schedule 13 to, the Localism Act 2011 (c. 20) . S.I. 2009/2264 , amended by S.I. 2010/439 , S.I. 2010/602 , S.I. 2012/635 , S.I. 2012/2654 , S.I. 2012/2732 , S.I. 2013/522 , S.I. 2013/755 , S.I. 2014/469 , S.I. 2014/2381 , S.I. 2015/377 , S.I. 2015/1682 , S.I. 2017/524 , S.I. 2017/572 , S.I. 2018/378 and S.I. 2024/332 . S.I. 2010/103 , amended by S.I. 2012/635 and S.I. 2024/317 . As amended by paragraph 29(1) and (3) of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20) . S.I. 2017/572 . Section 104(2) was amended by paragraph 49 of Schedule 13 to the Localism Act 2011 and section 58(5) of the Marine and Coastal Access Act 2009 (c. 23) . As amended by paragraph 55 of Part 1 of Schedule 13 to the Localism Act 2011. As amended by section 160 of the Housing and Planning Act 2016 (c. 22) and section 43 of the Wales Act 2017 (c. 4) . As amended by section 140 and paragraph 60 of Part 1 of Schedule 13 to the Localism Act 2011. As amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011. Ibid. 1961 c. 33 . 1965 c. 56 , amended by Levelling-up and Regeneration Act 2023 (c. 55) . 1980 c. 66 . 1981 c. 66 . 1984 c. 27 . 1989 c. 29 . 1990 c. 8 . 1991 c. 22 . 2008 c. 29 . S.I. 2015/596 (as amended). 1971 c. 80 . 1988 c. 52 . S.I. 2017/1012 . 2003 c. 21 . “street authority” is defined in section 49, which was amended by paragraph 117 of Schedule 1 to the Infrastructure Act 2015 (c. 7) . Section 121A was inserted by paragraph 70 of Schedule 8 to the 1991 Act and subsequently amended by section 271 of the Greater London Authority Act 1999 (c. 29) ; section 1(6) of, and paragraphs 70 and 95 of Schedule 1 to, the Infrastructure Act 2015; and S.I. 1999/1920 and S.I. 2001/1400 . 2017 c. 20 . S.I. 1997/1160 . 1967 c. 10 . Section 9 was amended by section 4 of, and paragraph 141 of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and S.I. 2013/755 . There are other amendments to section 9 that are not relevant to this Order. S.I. 2010/948 , amended by S.I. 2011/987 . There are other amending instruments but none are relevant to this Order. 1976 c. 57 . Section 42 was amended by section 15(6) of the Food and Environment Protection Act 1985 (c. 48) . 1990 c. 43 . 1974 c. 40 . Section 61(9) was amended by section 162 and paragraph 15 of Schedule 3 to the Environment Protection Act 1990 (c. 25) . There are other amendments to 1974 Act which are not relevant to this Order. S.I. 2016/362 . S.I. 2011/935 . 2004 c. 18 . 1991 c. 56 . Section 106 was amended by section 35(8)(a) of the Competition and Service (Utilities) Act 1992 (c. 43) and sections 36(2) and 99 of the Water Act 2003 (c. 37) . There are other amendments to the section which are not relevant to this Order. S.I. 2016/1154 . “Groundwater activity” is defined in paragraph 3 of Schedule 22. “Water discharge activity” is defined in paragraph 3 of Schedule 21. 1981 c. 67 . 1981 c. 66 . Sections 2(3), 6(2) and 11(6) were amended by section 4 of, and paragraph 52 of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) . Sections 10 and 11 and Schedule 1 were amended by S.I. 2009/137 . Section 15 was amended by sections 56 and 321(1) of, and Schedules 8 and 16 to, the Housing and Regeneration Act 2008 (c. 17) . Paragraph 1 of Schedule 2 was amended by section 76 of, and Part 2 of Schedule 9 to, the Housing Act 1988 (c. 50) ; section 161(4) of, and Schedule 19 to, the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) ; and sections 56 and 321(1) of, and Schedule 8 to, the Housing and Regeneration Act 2008. Paragraph 3 of Schedule 2 was amended by section 76 of, and Schedule 9 to, the Housing Act 1988 and section 56 of, and Schedule 8 to, the Housing and Regeneration Act 2008. Paragraph 2 of Schedule 3 was repealed by section 277 of, and Schedule 9 to, the Inheritance Tax Act 1984 (c. 51) . There are other amendments to the 1981 Act which are not relevant to this Order. 1981 c. 66 . Section 5A was inserted by section 182(2) of the Housing and Planning Act 2016 (c. 22) and amended by section 185(3)(a) of the Levelling-up and Regeneration Act 2023 (c. 55) . 1981 c. 66 . Section 5B was inserted by section 202(2) of the Housing and Planning Act 2016 (c. 22) and amended by section 185(3)(b) of the Levelling-up and Regeneration Act 2023 (c. 55) . 1981 c. 66 . Section 6 was amended by paragraph 52(2) of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c. 11) and paragraph 7 of Schedule 15 to the Housing and Planning Act 2016 (c. 22) . 1981 c. 66 . Section 7 was amended by paragraph 3 of Schedule 18 to the Housing and Planning Act 2016 (c. 22) . As inserted by paragraph 6 of Schedule 18 to the Housing and Planning Act 2016 (c. 22) . 1965 c. 56 . Section 4 was amended by section 185(2)(a) of the Levelling-up and Regeneration Act 2023 (c. 55) . 1965 c. 56 . Section 4A(1) was inserted by section 202(1) of the Housing and Planning Act 2016 (c. 22) and amended by section 185(2)(b) of the Levelling-up and Regeneration Act 2023 (c. 55) . 1965 c. 56 . Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016 (c. 22) . 1981 c. 66 . Section 4 was amended by section 184 and 185 of, and paragraphs 1 and 2 of Schedule 18 to, the Housing and Planning Act 2016 (c. 22) . 2008 c. 29 . Section 152 was amended by S.I. 2009/1307 . 1978 c. 30 . S.I. 1997/1160 . 1981 c. 18 . 2010 c. 4 . 1955 c. 11 . 1836 c. 75 . 1839 c. 42 . 1988 c. 33 . 1973 c. 26 . 1986 c. 44 . A new section 7 was substituted by section 5 of the Gas Act 1995 (c. 45) and was further amended by section 76 of the Utilities Act 2000 (c. 27) . 1991 c. 56 . 2003 c. 21 . See section 106 of the 2003 Act. Section 106 was amended by section 4(3) of the Digital Economy Act 2017 (c. 30) . S.I. 2016/1154 . 1993 c. 43 . S.I. 2015/51 . 1993 c. 43 1996 c. 23 .
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[uk-legislation-uksi][uksi] 2025-11-14 The A1 in Northumberland: Morpeth to Ellingham Development Consent (Revocation) Order 2025
http://www.legislation.gov.uk/uksi/2025/1186/made
http://www.legislation.gov.uk/uksi/2025/1186/made The A1 in Northumberland: Morpeth to Ellingham Development Consent (Revocation) Order 2025 King's Printer of Acts of Parliament 2025-11-13 INFRASTRUCTURE PLANNING This Order revokes the A1 in Northumberland: Morpeth to Ellingham Development Consent Order 2024 (“the DCO”), a Development Consent Order made under the Planning Act 2008 (“the Act”). This Order follows the Secretary of State giving notice of an intention to revoke the DCO pursuant to paragraph 3(7)(b) of Schedule 6 to the Act. 2025 No. 1186 INFRASTRUCTURE PLANNING The A1 in Northumberland: Morpeth to Ellingham Development Consent (Revocation) Order 2025 Made 13th November 2025 Coming into force 14th November 2025 The Secretary of State, in accordance with the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 , gave notice of the intention to consider making an Order to revoke the A1 in Northumberland: Morpeth to Ellingham Development Consent Order 2024 . The Secretary of State, having considered the responses to the publicity carried out in accordance with regulations 55 and 56 of the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011, has decided that there are exceptional circumstances that make it appropriate to exercise the power to make this Order revoking the A1 in Northumberland: Morpeth to Ellingham Development Consent Order 2024 without an application to do so being made. The Secretary of State, in exercise of the powers conferred by paragraph 3(1) and (7)(b) of Schedule 6 to the Planning Act 2008 , makes the following Order. Citation and commencement 1 This Order may be cited as the A1 in Northumberland: Morpeth to Ellingham Development Consent (Revocation) Order 2025 and comes into force on 14th November 2025. Revocation 2 The A1 in Northumberland: Morpeth to Ellingham Development Consent Order 2024 is revoked. Signed by authority of the Secretary of State for Transport Marco Picardi Head of the Transport and Works Act Orders Unit Department for Transport 13th November 2025 Explanatory Note (This note is not part of the Order) This Order revokes the A1 in Northumberland: Morpeth to Ellingham Development Consent Order 2024 (“the DCO”), a Development Consent Order made under the Planning Act 2008 (“ the Act ”). This Order follows the Secretary of State giving notice of an intention to revoke the DCO pursuant to paragraph 3(7)(b) of Schedule 6 to the Act. S.I. 2011/2055 , amended by S.I. 2012/635 , S.I. 2012/2654 , S.I. 2012/2732 , S.I. 2013/522 , S.I. 2013/755 , S.I. 2015/377 , S.I. 2015/760 , S.I. 2015/1682 , S.I. 2017/314 , S.I. 2017/524 , S.I. 2018/378 , S.I. 2019/734 , S.I. 2020/764 , S.I. 2020/1534 , S.I. 2022/634 and S.I. 2023/1071 . S.I. 2024/733 . 2008 c. 29 . Paragraph 3 of Schedule 6 was amended by paragraph 72(3), (8) and (9) of Part 1 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011 (c. 20) , section 28(3) of the Infrastructure Act 2015 (c. 7) , S.I. 2018/1232 and S.I. 2023/1424 .
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[uk-legislation-uksi][uksi] 2025-11-17 The Charities Act 2022 (Commencement No. 4 and Saving Provision) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1191/made
http://www.legislation.gov.uk/uksi/2025/1191/made The Charities Act 2022 (Commencement No. 4 and Saving Provision) Regulations 2025 King's Printer of Acts of Parliament 2025-11-17 CHARITIES These Regulations are the fourth set of commencement regulations made under the Charities Act 2022 (c. 6) (“the 2022 Act”). 2025 No. 1191 (C. 59) CHARITIES The Charities Act 2022 (Commencement No. 4 and Saving Provision) Regulations 2025 Made 14th November 2025 The Secretary of State makes these Regulations in exercise of the powers conferred by section 41(4) and (5) of the Charities Act 2022 . Citation and extent 1 1 These Regulations may be cited as the Charities Act 2022 (Commencement No. 4 and Saving Provision) Regulations 2025. 2 These Regulations extend to England and Wales. Interpretation 2 In these Regulations— “ the 2011 Act ” means the Charities Act 2011 ; “ the 2022 Act ” means the Charities Act 2022. Provisions coming into force on 27th November 2025 3 1 The day appointed for the coming into force of the following provisions of the 2022 Act, except in so far as they relate to excluded property of a relevant charity, is 27th November 2025— a section 15 (small ex gratia payments); b section 16 (power of Commission etc to authorise ex gratia payments etc); c section 40, in so far as it relates to the provisions of Schedule 2 being brought into force by sub-paragraph (d); d the following paragraphs of Schedule 2 (minor and consequential amendments)— i paragraph 1, in so far as it relates to paragraphs 26 and 27; ii paragraph 26; iii paragraph 27. 2 For the purposes of paragraph (1)— “ excluded property ” in relation to a relevant charity means the property listed in the corresponding entry in the second column in the table in the Schedule to these Regulations for that relevant charity; “ relevant charity ” means a charity listed in the first column in the table in the Schedule to these Regulations. Saving provision in relation to section 16 of the 2022 Act 4 1 Section 106 of the 2011 Act (power to authorise ex gratia payments etc.) continues to have effect on or after the appointed day in relation to an application made to the Charity Commission by the charity trustees of a charity for an order under that section made before the appointed day as if section 16 of the 2022 Act had not been commenced. 2 Section 322(2) of, and Schedule 6 to, the 2011 Act (reviewable matters) continue to have effect on or after the appointed day in relation to an application made to the Charity Commission by the charity trustees of a charity for an order under section 106(1) of the 2011 Act made before the appointed day as if paragraphs 26 and 27 of Schedule 2 to the 2022 Act had not been commenced. 3 In this regulation, “ appointed day ” in relation to a provision means the day appointed for the coming into force of that provision. Stephanie Peacock Parliamentary Under Secretary of State Department for Culture, Media and Sport 14th November 2025 Schedule Relevant charities and excluded property Regulation 3 Relevant charity Excluded property The Board of Trustees of the Armouries Objects the property in which is vested in the Board of Trustees of the Armouries and which are comprised in their collection. The British Library Board Objects transferred to the British Library Board under section 3(1)(a) of the British Library Act 1972 . The Trustees of the British Museum Objects vested in the Trustees of the British Museum as part of the collections of the Museum. The Trustees of the Imperial War Museum Objects vested in the Board of Trustees of the Imperial War Museum for the purposes of the Museum. The Board of Trustees of the National Gallery “ Relevant objects ” as defined in section 4(2) of the Museums and Galleries Act 1992 , the property in which is vested in the Board of Trustees of the National Gallery and which are comprised in their collection. The Trustees of the Natural History Museum Objects vested in the Trustees of the Natural History Museum as part of the collections of the Museum. The Trustees of the National Maritime Museum Objects vested in the Trustees of the National Maritime Museum for the purposes of the Museum. The Board of Trustees of the National Museums and Galleries on Merseyside “ The collections ” as defined by article 1(2) of the Merseyside Museums and Galleries Order 1986 . The Board of Trustees of the National Portrait Gallery “ Relevant objects ” as defined in section 4(2) of the Museums and Galleries Act 1992, the property in which is vested in the Board of Trustees of the National Portrait Gallery and which are comprised in their collection. The Board of Governors of the Museum of London Objects vested in the Board of the Museum of London and which are comprised in their collections. The Board of Trustees of the Royal Botanic Gardens, Kew Objects the property in which is vested in the Board of Trustees of the Royal Botanic Gardens, Kew and which are comprised in their collections. The Board of Trustees of the Science Museum Objects the property in which is vested in the Board of Trustees of the Science Museum and which are comprised in their collections. Sir John Soane’s Museum Objects which became vested in the Trustees of Sir John Soane’s Museum on the death of Sir John Soane under the Sir John Soane’s Museum Act 1833. The Board of Trustees of the Tate Gallery “ Relevant objects ” as defined in section 4(2) of the Museums and Galleries Act 1992, the property in which is vested in the Board of Trustees of the Tate Gallery and which are comprised in their collections. The Board of Trustees of the Victoria and Albert Museum Objects the property in which is vested in the Board of Trustees of the Victoria and Albert Museum and which are comprised in their collections. The Board of Trustees of the Wallace Collection Objects the property in which is vested in the Board of Trustees of the Wallace Collection and which are comprised in their collection. Explanatory Note (This note is not part of the Regulations) These Regulations are the fourth set of commencement regulations made under the Charities Act 2022 (c. 6) (“ the 2022 Act ”). Regulation 2 defines terms used in the Regulations. Regulation 3 brings into force a number of sections of, and paragraphs of Schedule 2 to, the 2022 Act, which implement recommendations made by the Law Commission of England and Wales as to technical improvements that could be made to charity law. These improvements are made by way of amendment of the Charities Act 2011 (c. 25) (“ the 2011 Act ”). The provisions will come into force on 27th November 2025. Regulation 3(1)(a) brings into force section 15 of the 2022 Act. Section 15 inserts a new section 331A into the 2011 Act. This creates a new power for charity trustees to make small ex gratia payments where there is a moral obligation to do so, but no legal power (outside section 106 or 331A of the 2011 Act) to do so. This power is exercisable without the need to seek authorisation from the Charity Commission, court or Attorney General where the legal tests are met. The maximum amount for an ex gratia payment made under the new powers is set by reference to the gross annual income of the charity in the previous financial year, and can be amended by regulations made under the new section 331B (also inserted by section 15). Regulation 3(1)(b) brings into force section 16 of the 2022 Act, which amends section 106 of the 2011 Act, so as to codify the powers of the court, Attorney General and the Charity Commission to authorise ex gratia payments, putting them on a statutory footing. The test to be applied is an objective one, which does not require a personal decision by the charity trustees. They may therefore delegate decision-making in relation to ex gratia payments, although the charity trustees remain responsible for any such decisions. Regulation 3(1)(c) and (d) bring into force section 40 of, and paragraphs 1, 26 and 27 of Schedule 2 to, the 2022 Act, which make consequential amendments in relation to the changes being made by sections 15 and 16 of the 2022 Act. Regulation 3(2) excludes certain property from the commencement of sections 15, 16 and 40 of, and paragraphs 1, 26 and 27 of Schedule 2 to, the 2022 Act, by preserving the current prohibition on removing objects from the collections of a number of museums and galleries. The Schedule lists the institutions and property which are subject to the relevant prohibitions. Regulation 4 makes saving provision in relation to the commencement of section 16 of the 2022 Act. This is to ensure that where the charity trustees of a charity have applied to the Charity Commission for authorisation under section 106 of the 2011 Act to make an ex gratia payment prior to the commencement of section 16, section 106 will continue to apply to that application as if section 16 had not been commenced. NOTE AS TO EARLIER COMMENCEMENT Regulations (This note is not part of the Regulations) The following provisions of the Charities Act 2022 have been brought into force by commencement Regulations made before the date of these Regulations. Provision Date of Commencement S.I. No. Section 1 7 March 2024 2024/265 Section 2 7 March 2024 2024/265 Section 3 7 March 2024 2024/265 Section 4 31 October 2022 2022/1109 Section 5 31 October 2022 2022/1109 Section 6 31 October 2022 2022/1109 Section 7 31 October 2022 2022/1109 Section 8 31 October 2022 2022/1109 Section 9 14 June 2023 2023/643 Section 10 14 June 2023 2023/643 Section 11 14 June 2023 2023/643 Section 12 14 June 2023 2023/643 Section 13 14 June 2023 2023/643 Section 14 14 June 2023 2023/643 Section 17 14 June 2023 2023/643 Section 18 (partially) 7 March 2024 2024/265 Section 18 (for remaining purposes) 19 May 2025 2024/265 Section 19 14 June 2023 2023/643 Section 20 14 June 2023 2023/643 Section 21 14 June 2023 2023/643 Section 22 14 June 2023 2023/643 Section 23 7 March 2024 2024/265 Section 24 19 May 2025 2024/265 Section 25 14 June 2023 2023/643 Section 26 14 June 2023 2023/643 Section 27 14 June 2023 2023/643 Section 28 14 June 2023 2023/643 Section 29 7 March 2024 2024/265 Section 30 31 October 2022 2022/1109 Section 31 7 March 2024 2024/265 Section 32 31 October 2022 2022/1109 Section 33 7 March 2024 2024/265 Section 34 7 March 2024 2024/265 Section 35 (partially) 14 June 2023 2023/643 Section 35 (for remaining purposes) 7 March 2024 2024/265 Section 36 31 October 2022 2022/1109 Section 37 (partially) 31 October 2022 2022/1109 Section 37 (for remaining purposes) 7 March 2024 2024/265 Section 38 14 June 2023 2023/643 Section 39 14 June 2023 2023/643 Section 40 (partially) 31 October 2022 2022/1109 Section 40 (partially) 14 June 2023 2023/643 Section 40 (partially) 7 March 2024 2024/265 Schedule 1 19 May 2025 2024/265 Schedule 2 (partially) 31 October 2022 2022/1109 Schedule 2 (partially) 14 June 2023 2023/643 Schedule 2 (partially) 7 March 2024 2024/265 2022 c. 6 . 2011 c. 25 . 1972 c. 54 . 1992 c. 44 . S.I. 1986/226 .
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[uk-legislation-uksi][uksi] 2025-11-17
http://www.legislation.gov.uk/uksi/2025/1183/made
http://www.legislation.gov.uk/uksi/2025/1183/made The Senedd Cymru (Disqualification) Order 2025 en King's Printer of Acts of Parliament 2025-11-14 CONSTITUTIONAL LAW;REPRESENTATION OF THE PEOPLE, WALES, SENEDD CYMRU This Order designates, for the purposes of a Senedd Cymru election at which the poll is held on or after 6th April 2026, offices whose holders are disqualified from being a Member of the Senedd (but not from being a candidate to be a Member of the Senedd). The offices are described in the Schedule to this Order. 2025 No. 1183 Constitutional Law Representation Of The People, Wales Senedd Cymru The Senedd Cymru (Disqualification) Order 2025 Made 12th November 2025 Coming into force 13th November 2025 At the Court at Buckingham Palace, the 12th day of November 2025 Present, The King’s Most Excellent Majesty in Council In accordance with section 16(6) of the Government of Wales Act 2006 a draft of this Order was laid before, and approved by a resolution of, Senedd Cymru. Accordingly, His Majesty, in pursuance of sections 16(1)(b) and (5), and 157(1) and (2) of that Act, is pleased, by and with the advice of His Privy Council, to order as follows: Title and coming into force 1 1 The title of this Order is the Senedd Cymru (Disqualification) Order 2025. 2 It comes into force on 13th November 2025 but articles 2 and 3 only have effect for the purposes of a Senedd Cymru election at which the poll is held on or after 6th April 2026. Designation of disqualifying offices 2 1 The offices described in the Schedule are designated as offices held by a person, or persons, that disqualifies that person, or those persons, from being a Member of the Senedd. 2 In this Article, “ offices ” has the same meaning as in section 16(5) of the Government of Wales Act 2006. Revocation 3 The Senedd Cymru (Disqualification) Order 2020 is revoked. Richard Tilbrook Clerk of the Privy Council SCHEDULE Offices disqualifying persons from being a Member of the Senedd Article 2 Table 1 Bodies in respect of which there are disqualifying offices The disqualifying offices A National Park authority for a National Park in Wales All members appointed under article 6 of the National Park Authorities (Wales) Order 1995 and persons holding a politically restricted post, within the meaning of Part 1 of the Local Government and Housing Act 1989 A tribunal constituted under section 27 of, and paragraph 1 of Schedule 3 to the Education Act 2005 All members appointed under paragraph 1 of Schedule 3 to the Education Act 2005 A tribunal referred to in paragraph 10 of Schedule 26 to the School Standards and Framework Act 1998 All members appointed under paragraph 1 of Schedule 3 to the Education Act 2005 Adjudication Panel for Wales All members appointed under section 75(5) of the Local Government Act 2000 Advisory Committee on Dangerous Pathogens All members The advisory committee for Wales established under section 5(1) of the Food Standards Act 1999 All members appointed under paragraph 2 of Schedule 2 to the Food Standards Act 1999 Advisory, Conciliation and Arbitration Service All members of the Council appointed under section 248(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 Agricultural Advisory Panel for Wales Chair, and independent agriculture member, and independent education member, appointed by the Welsh Ministers under articles 4 and 5 of the Agricultural Advisory Panel for Wales (Establishment) Order 2016 Agricultural Land Tribunal for Wales All members appointed under paragraph 13(1) and paragraph 16 of Schedule 9 to the Agriculture Act 1947 Armed Forces Commissioner as established by section 365AA of the Armed Forces Act 2006 The Armed Forces Commissioner appointed under section 365AA of the Armed Forces Commissioner Act 2006 Arts Council of Wales All members appointed in accordance with article 4(2) of their Royal Charter, granted on 30th March 1994 Big Lottery Fund All members appointed under paragraph 1 of Schedule 4A to the National Lottery etc. Act 1993 , or of a committee established under paragraph 7(1)(b) of that Schedule Board of Medical Referees All members appointed by, or in accordance with arrangements made by, the Welsh Ministers under regulation 166(3) of the Firefighters’ Pension Scheme (Wales) Regulations 2015 Boundary Commission for Wales Commissioners and Secretary appointed under paragraphs 2 and 7 of Schedule 1 to the Parliamentary Constituencies Act 1986 British Broadcasting Corporation Board All members appointed in accordance with articles 22 to 26 of their Royal Charter granted on 1st January 2017 British Council (Company number RC000060) Chair and Chief Executive appointed in accordance with Bye-Law 4, or article 14, of their Supplemental Royal Charter granted on 26th November 1993 British Tourist Authority The member appointed by the Welsh Ministers under section 1(2)(b) of the Development of Tourism Act 1969 British Transport Police Authority All members appointed under section 18(2), and paragraph 1 of Schedule 4, to the Railways and Transport Safety Act 2003 Certification Officer and any assistant certification officer having functions under the Trade Union and Labour Relations (Consolidation) Act 1992 Certification Officer and any assistant certification officer appointed under section 254 of the Trade Union and Labour Relations (Consolidation) Act 1992 Channel Four Television Corporation All members appointed under section 23(2) of the Broadcasting Act 1990 Citizen Voice Body Non-Executive members appointed under section 12(2), and paragraph 2(1)(a) to (c) of Schedule 1, to the Health and Social Care (Quality and Engagement) (Wales) Act 2020 Consumer Council for Water All members of the Council and each regional committee of the Council established under section 27A of the Water Industry Act 1991 Commission for Tertiary Education and Research established under section 1 of The Tertiary Education and Research (Wales) Act 2022 All members appointed under section 1(2), and paragraph 2(1) of Schedule 1, to the Tertiary Education and Research (Wales) Act 2022, other than a member who is also an employee of the Commission Committee on Climate Change All members appointed under section 32(2), and paragraph 1 of Schedule 1, to the Climate Change Act 2008 Community Councils A paid officer having responsibility, for the purposes of section 151 of the Local Government Act 1972 , for the administration of the financial affairs of the community council, and a person holding a paid post that is for the time being specified by the community council in the list maintained in accordance with section 2(2) of the Local Government and Housing Act 1989 , and any directions under section 3 of that Act Competition and Markets Authority All members appointed under section 25(4), and paragraph 1(1) of Schedule 4, to the Enterprise and Regulatory Reform Act 2013 Corporate Joint Committees All members of a committee established under section 72, or section 74 of, the Local Government and Elections (Wales) Act 2021 Development Bank of Wales Public Limited Company (company number: 04055414) and any company or any wholly owned subsidiary of the Development Bank of Wales Public Limited Company (company number: 04055414) All Directors Education Tribunal for Wales All members appointed under section 91(2) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 Education Workforce Council All members appointed under section 2(2), and paragraph 3(1) of Schedule 1, to the Education (Wales) Act 2014 Electoral Management Board Members who are elections officers, or former elections officers, as defined under section 20F(1)(c) of the Democracy and Boundary Commission Cymru etc. Act 2013 Employment Tribunals and Employment Appeal Tribunals All members appointed under section 4(1), or section 22(1), of the Employment Tribunals Act 1996 Financial Conduct Authority All members appointed under section 1A(4), and paragraph 2(2) of Schedule 1ZA, to the Financial Services and Markets Act 2000 Fire and Rescue Service Inspector or Assistant Inspector appointed under section 28 of the Fire and Rescue Services Act 2004 Firefighters’ Pension Scheme Advisory Board for Wales All members appointed under paragraph 3 of Annex 2 to the Scheme in Schedule 1 to the Firefighters’ Pension Scheme (Wales) Order 2007 , or under paragraph 3 of Schedule 5 to the Scheme in Schedule 1 to the Firefighters’ Compensation Scheme (Wales) Order 2007 First-tier Tribunal(s) of Courts of England and Wales All members appointed in accordance with section 4, and paragraphs 1(1) and 2(1) of Schedule 2, to the Tribunals, Courts and Enforcement Act 2007 Food Standards Agency All members appointed under section 2(1) and (2), or section 3(1) and (4), of the Food Standards Act 1999 Future Generations Commissioner Advisory Panel appointed under section 26(2) of the Well-being of Future Generations (Wales) Act 2015 Gas and Electricity Markets Authority All members appointed under section 1(4), and paragraph 1(1) of Schedule 1, to the Utilities Act 2000 Health and Safety Executive All members appointed under section 10(2), and paragraph 1 of Schedule 2, to the Health and Safety at Work etc. Act 1974 Human Fertilisation and Embryology Authority All members appointed under section 5(2) of the Human Fertilisation and Embryology Act 1990 Human Tissue Authority All members appointed under section 13(2), and paragraph 1(1) of Schedule 1, to the Human Tissue Act 2004 Independent Adjudicator to Local Authorities in Wales All members appointed under section 75(5) of the Local Government Act 2000 Independent Case Examiner for the Department of Work and Pensions All members Independent Football Regulator established under section 5 of the Football Governance Act 2025 All members and staff appointed under section 5(2), and paragraph 1(1) and (2) of Schedule 2, to the Football Governance Act 2025 Independent Groundwater Complaints Administrator The Independent Groundwater Complaints Administrator appointed under section 21, and paragraph 27 of Schedule 7, to the Cardiff Bay Barrage Act 1993 Independent Monitoring Authority for the Citizens’ Rights Agreements All members appointed under section 15(3), and paragraph 1 of Schedule 2, to the European Union (Withdrawal Agreement) Act 2020 Independent Office for Police Conduct All members appointed under section 9(2) of the Police Reform Act 2002 Information Commissioner The Information Commissioner appointed under section 114(2), and paragraph 2(1) of Schedule 12, to the Data Protection Act 2018 Joint Nature Conservation Committee All members appointed under section 31(b), and paragraph 1 of Schedule 4, to the Natural Environment and Rural Communities Act 2006 Judicial Appointments Commission Commissioners appointed under section 61(2), and paragraph 1 of Schedule 12, to the Constitutional Reform Act 2005 Judicial Appointments and Conduct Ombudsman The Judicial Appointments and Conduct Ombudsman appointed under section 62(2), and paragraph 1 of Schedule 14, to the Constitutional Reform Act 2005 Law Commission Commissioners and Non-Executive Board members appointed under section 1(1) of the Law Commissions Act 1965 Local authority in Wales Person holding a politically restricted post, within the meaning of Part 1 of the Local Government and Housing Act 1989 Local Government Pension Scheme Advisory Board Chair and Deputy Chair appointed in accordance with section 7(1) of the Public Service Pensions Act 2013 Local Health Board for an area in Wales Chair, vice chair and non-officer members appointed under regulation 4(1) of the Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2009 , and associate members appointed under regulation 4(3) and (4) of those Regulations. Marine Management Organisation All members appointed under section 1(3), and paragraph 3(1) of Schedule 1, to the Marine and Coastal Access Act 2009 Meat Promotion Wales (company No: 4635113) All members Mental Health Review Tribunal for Wales All members appointed under section 65(2), and paragraph 1 of Schedule 2, to the Mental Health Act 1983 Money and Pensions Service Directors appointed under section 1(2), and paragraph 2(1)(b) of Schedule 1, to the Financial Guidance and Claims Act 2018 National Employment Savings Trust Corporation All members appointed under section 75(5), and paragraph 1 of Schedule 1, to the Pensions Act 2008 National Health Service Trust all or most of whose hospitals, establishments and other facilities are situated in Wales All members appointed in accordance with section 18(4) and paragraph 3 of Schedule 3, to the National Health Service (Wales) Act 2006 , other than a member who is also an employee of the NHS Trust National Health Service Wales Joint Commissioning Committee Chair, associate member and non-officer members, known as lay members, appointed by the Welsh Ministers under regulation 3(1)(b), (c) and 3(2) of the National Health Service Joint Commissioning Committee (Wales) Regulations 2024 National Library of Wales (charity number: 525775) Trustees appointed by the Welsh Ministers in accordance with article 3 of their Supplemental Charter granted on 19th July 2006 National Museum Wales (charity number: 525774) Trustees appointed by the Welsh Ministers in accordance with article 3 of their Supplemental Charter granted on 19th September 2006 Natural Resources Body for Wales known as Natural Resources Wales Chief Executive, Chair and members appointed under article 3(2), and paragraph 2 of the Schedule to the Natural Resources Body for Wales (Establishment) Order 2012 Office of Communications All members appointed under section 1(3) of the Office of Communications Act 2002 Pension Protection Fund All Board members appointed under section 108 of the Pensions Act 2004 , and the Ombudsman for the Board of the Pension Protection Fund appointed under section 209 of that Act, and any deputy to that Ombudsman appointed under section 210 of that Act Pensions Ombudsman Pensions Ombudsman appointed under section 145 of the Pension Schemes Act 1993 and any deputy to that Ombudsman appointed under section 145A of that Act Pensions Regulator All members, and committee members established by the Pensions Regulator under section 9 of the Pensions Act 2004 Police and Crime Commissioner The Police and Crime Commissioner as established by section 1 of the Police Reform and Social Responsibility Act 2011 , and any Deputy appointed by the Commissioner under section 18(1) of that Act Professional Standards Authority for Health and Social Care All members appointed under section 25(4), and paragraph 4 of Schedule 7, to the National Health Service Reform and Health Care Professions Act 2002 Qualifications Wales as established by section 2 of the Qualifications Wales Act 2015 All members appointed under section 2, and paragraph 2 of Schedule 1, to the Qualifications Wales Act 2015 Rent assessment committees for an area or areas every part of which is in Wales All members of a panel established under Schedule 10 to the Rent Act 1977 Royal Commission on the Ancient and Historical Monuments of Wales Commissioners appointed in accordance with their Royal Warrant granted on 12th July 2000 Sianel Pedwar Cymru All members appointed in accordance with section 56(1)(b) of the Broadcasting Act 1990 Social Care Wales All members appointed under section 67(4), and paragraph 2(1) of Schedule 2 to the Regulation and Inspection of Social Care (Wales) Act 2016 Special Health Authority performing functions partly or wholly in respect of Wales, established by the Welsh Ministers under section 22(1) of the National Health Service (Wales) Act 2006 , or by the Secretary of State under section 28(1) of the National Health Service Act 2006 Chair, associate members and non-officer members, other than a member who is also an employee of the Authority Sports Council for Wales known as Sport Wales All members appointed in accordance with article 1(1) of their Royal Charter granted on 4th February 1972 Statistics Board established by section 1 of the Statistics and Registration Service Act 2007 All members appointed under section 3(1) of the Statistics and Registration Service Act 2007 Student Loans Company Limited (company number 02401034) Chair and Chief Executive Transport for Wales (company number 09476013) Directors Upper Tribunal(s) of Courts of England and Wales All members, other than Judges of the Upper Tribunal(s) , appointed in accordance with section 5, and paragraphs 1(1) and 2(1) to Schedule 3, of the Tribunals, Courts and Enforcement Act 2007 Valuation Tribunal for Wales All members appointed under regulation 9(1) of the Valuation Tribunal for Wales Regulations 2010 Veterans’ Commissioner for Wales The Veterans’ Commissioner for Wales Wales Audit Office known as Audit Wales All staff and all auditors providing audit services to the Wales Audit Office or Auditor General for Wales under section 13(2), and paragraph 22(1) of Schedule 1, to the Public Audit (Wales) Act 2013 Water Services Regulation Authority All members appointed under section 1A(3), and paragraph 1(1) of Schedule 1A to the Water Industry Act 1991 Welsh Industrial Development Advisory Board All members appointed under section 13(2) of the Welsh Development Agency Act 1975 Welsh Language Partnership Council All members appointed under section 149(2) of the Welsh Language (Wales) Measure 2011 Welsh Language Tribunal All members appointed under section 120(2) of the Welsh Language (Wales) Measure 2011 Welsh Revenue Authority Chairperson and other Non-Executive members appointed under section 3(1)(a) or (b) of the Tax Collection and Management (Wales) Act 2016 EXPLANATORY NOTE (This note is not part of the Order) This Order designates, for the purposes of a Senedd Cymru election at which the poll is held on or after 6th April 2026, offices whose holders are disqualified from being a Member of the Senedd (but not from being a candidate to be a Member of the Senedd). The offices are described in the Schedule to this Order. Other disqualifying offices and categories of persons disqualified from being a Member of the Senedd (and in some cases from being a candidate to be a Member of the Senedd) are prescribed by section 16 of, and Schedule 1A to, the Government of Wales Act 2006 (c. 32) . This Order should be read with those provisions. This Order revokes the Senedd Cymru (Disqualification) Order 2020 ( S.I. 2020/1255 ), though that Order continues to have effect for a Senedd Cymru election at which the poll is held before 6th April 2026. 2006 c. 32 . Relevant amendments were made to section 16 by sections 29 and 42 and paragraph 2 of Schedule 1 to the Senedd and Elections (Wales) Act 2020 (anaw 1) , and section 61 of the Elections and Elected Bodies (Wales) Act 2024 (asc 5) . S.I. 2020/1255 . S.I. 1995/2803 . 1989 c. 42 . 2005 c. 18 . There have been amendments to Schedule 3 to this Act by section 62(6) of the Wales Act 2017 (c. 4) ; there are other amending instruments, but none are relevant to this Order. 1998 c. 31 . There have been amendments to paragraph 10(2) of Schedule 26 to this Act by paragraph 16 of Schedule 7 to the Education Act 2005 (c. 18) ; there are other amending instruments, but none are relevant to this Order. 2000 c. 22 . 1999 c. 28 . 1992 c. 52 . S.I. 2016/255 (W. 89) . 1947 c. 48 . There have been amendments to paragraph 13(1) of Schedule 9 to this Act, by paragraph 193(2)(b) of Schedule 1 to the Transfer of Tribunal Functions Order 2013 ( S.I. 2013/1036 ), and by paragraph 4 of Schedule 10 to the Tribunals, Courts and Enforcement Act 2007 (c. 15) . Paragraph 16(1) of Schedule 9 to this Act was substituted by paragraph 193(6) of Schedule 1 to the Transfer of Tribunal Functions Order 2013 ( S.I. 2013/1036 ). 2006 c. 52 . Section 365AA of this Act was inserted by section 1 of the Armed Forces Commissioner Act 2025 (c. 23) . 1993 c. 39 . There have been amendments to paragraph 1, and paragraph 7(1)(b), of Schedule 4A to this Act that are not relevant to this Order. S.I. 2015/622 (W. 50) . 1986 c. 56 . Relevant amendments have been made to paragraphs 2 and 7 of Schedule 1 to this Act by paragraph 5(5) of Schedule 2 to the Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 ( S.I. 2021/1265 ). 1969 c. 51 . Relevant amendments to section 1(2)(b) of this Act have been made by paragraph 1(2) of Schedule 1 to the Wales Tourist Board (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 ( S.I. 2005/3225 ) (W. 237). 2003 c. 20 . 1992 c. 52 . There have been amendments to section 254 of this Act that are not relevant to this Order. 1990 c. 42 . Relevant amendments to section 23(2) of this Act have been made by paragraph 13 of Schedule 15 to the Communications Act 2003 (c. 21) . 2020 asc 1 . 1991 c. 56 . Section 27A was inserted by section 35(1) of the Water Act 2003 (c. 37) . 2022 asc 1 . 2008 c. 27 . 1972 c. 70 . There have been amendments to section 151 of this Act by regulation 5 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 ( S.I. 2021/1349) (W. 175) . 1989 c. 42 . There have been amendments to section 2 of this Act that are not relevant to this Order. There have been amendments to section 3 of this Act by regulation 10(4)(b) of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 ( S.I. 2021/1349) (W. 175) . 2013 c. 24 . Relevant amendments to paragraph 1(1) of Schedule 4 to this Act have been made by paragraph 2(2)(a) to (e) of the United Kingdom Internal Market Act 2020 (c. 27) . 2021 asc 1 . 2018 (anaw 2) . 2014 (anaw 5) . 2013 (anaw 4) . 1996 c. 17 . Relevant amendments were made to section 22(1)(a) of this Act by paragraph 246(2)(a) of Schedule 4, paragraph 11(2) to Schedule 14, and paragraph 1 to Schedule 18, to the Constitutional Reform Act 2005 (c. 4) . 2000 c. 8 . Section 1A to this Act was inserted by section 6(1) of the Financial Services Act 2012 (c. 21) . Schedule 1ZA to this Act was inserted by Schedule 3 to the Financial Services Act 2012. 2004 c. 21 . Relevant amendments were made to section 28 of this Act by section 11 of the Policing and Crime Act 2017 (c. 3) . S.I. 2007/1072 (W. 110) . S.I. 2007/1073 (W. 111) . 2007 c. 15 . There have been amendments to sections 4 and 5, and Schedules 2 and 3, of this Act that are not relevant to this Order. 1999 c. 28 . 2015 (anaw 2) . 2000 c. 27 . 1974 c. 37 . Section 10(2) of this Act was substituted by article 4 of the Legislative Reform (Health and Safety Executive) Order 2008 ( S.I. 2008/960 ). Paragraph 1 of Schedule 2 to this Act was substituted by article 20, and Schedule 1, to S.I. 2008/960 . 1990 c. 37 . 2004 c. 30 . Paragraph 1 to Schedule 2 of this Act has been amended by section 16(11)(a) of the Human Transplantation (Wales) Act 2013 (anaw 5) . 2000 c. 22 . 2025 c. 21 . 1993 c. 42 . There have been amendments to paragraph 27 of Schedule 7 to this Act that are not relevant to this Order. 2020 c. 1 . 2002 c. 30 . Section 9(2) to this Act has been amended by section 33(5) of the Policing and Crime Act 2017 (c. 3) . 2018 c. 12 . 2006 c. 16 . 2005 c. 4 . Paragraph 1 of Schedule 12 to this Act was substituted by paragraph 17 of Schedule 13, to the Crime and Courts Act 2013 (c. 22) . 1965 c. 22 . 2013 c. 25 . There have been amendments to section 7(1) of this Act that are not relevant to this Order. S.I. 2009/779 (W. 67) . Regulation 4(2) has been amended by regulation 3(a) of the Local Health Boards, NHS Trusts and Special Health Authorities (Constitution, Membership and Procedures) (Miscellaneous Amendments) (Wales) Regulations 2024 ( 2024/1308 (W. 219) . 2009 c. 23 . 1983 c. 20 . There have been amendments to section 65(2) and paragraph 1 of Schedule 2 to this Act, that are not relevant to this Order. 2018 c. 10 . 2008 c. 30 . 2006 c. 42 . Paragraph 3 of Schedule 3 to this Act has been amended by section 24(2)(a) and (b) of the Health and Social Care (Quality and Engagement) (Wales) Act 2020 (asc 1) . S.I. 2024/135 (W. 29) . S.I. 2012/1903 (W. 230) . There have been amendments to article 3(2), and paragraph 2 of the Schedule, that are not relevant to this Order. 2002 c. 11 . Section 1(3) of this Act has been amended by section 68(2) of the Wales Act 2017 (c. 4) . There have been other amendments to section 1(3) of this Act that are not relevant to this Order. 2004 c. 35 . There have been amendments to section 209 of this Act that are not relevant to this Order. 1993 c. 48 . There have been amendments to section 145 of this Act that are not relevant to this Order. Section 145A of this Act was inserted by section 274(3) of the Pensions Act 2004 (c. 35) . 2011 c. 13 . There have been amendments to section 1 of this Act that are not relevant to this Order. 2002 c. 17 . Section 25(4) has been amended by paragraph 62(a) of Schedule 15 to the Health and Social Care Act 2012 (c. 7) . There have been amendments to paragraph 4 of Schedule 7 that are not relevant to this Order. 2015 (anaw 5) . 1977 c. 42 . There have been amendments to Schedule 10 to this Act that are not relevant to this Order. 1990 c. 42 . 2016 (anaw 2) . 2006 c. 42 . 2006 c. 41 . 2007 c. 18 . Judges of the Upper Tribunal are disqualified from being a Member of the Senedd, and from being a candidate to be a Member of the Senedd, by virtue of section 16(A1)(b) of, and the Table in Part 2 of Schedule 1A to, the Government of Wales Act 2006. S.I. 2010/713 (W. 69) . Regulation 9 was substituted by regulation 8 of the Valuation Tribunal for Wales (Amendment) Regulations 2017 ( S.I. 2017/941 (W. 121) ). 2013 (anaw 3) . 1991 (c. 56) . Section 1A(3) of this Act was inserted by section 34(1) of the Water Act 2003 (c. 37) , and paragraph 1(1) of Schedule 1A to this Act was inserted by section 34(2) of the Water Act 2003. 1975 c. 70 . 2011 (nawm 1) . 2016 (anaw 6) .
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[uk-legislation-uksi][uksi] 2025-11-17 The Data Protection Act 2018 (Qualifying Competent Authorities) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1128/made
http://www.legislation.gov.uk/uksi/2025/1128/made The Data Protection Act 2018 (Qualifying Competent Authorities) Regulations 2025 King's Printer of Acts of Parliament 2025-10-28 DATA PROTECTION Sections 89 and 90 of the Data (Use and Access) Act (c. 18) (“the DUAA”) amend the Data Protection Act 2018 (c. 12) (“the DPA”) to enable joint processing between qualifying competent authorities and intelligence services, under Part 4 of the DPA. This enables the controllers, previously unable to process jointly, to process personal data within a single, common regime. The controls and safeguards under Part 4 of the DPA will apply to all such joint processing. Section 89(2) of the DUAA amends section 82 of the DPA, widening the scope of Part 4 of the DPA. Previously, Part 4 of the DPA only applied to processing by or on behalf of the intelligence services. As amended, section 82 also applies Part 4 of the DPA to the processing of personal data by a qualifying competent authority where the processing is the subject of a designation notice. Section 89(2) of the DUAA inserts new subsection (2A) into section 82 of the DPA, which grants a power to the Secretary of State to make regulations to specify and describe which competent authorities (as defined in section 30 of the DPA) are “qualifying competent authorities”, and so able to apply for or be issued with a designation notice. The Data Protection Act 2018 (Qualifying Competent Authorities) Regulations 2025 2025 No. 1128 DATA PROTECTION The Data Protection Act 2018 (Qualifying Competent Authorities) Regulations 2025 Made 27th October 2025 Coming into force 17th November 2025 The Secretary of State makes these Regulations in exercise of the powers conferred by section 82(2A) of the Data Protection Act 2018 . In accordance with section 182(2) of that Act, the Secretary of State has consulted the Commissioner and such other persons as the Secretary of State considers appropriate. In accordance with sections 82(4) and 182(7) of that Act , a draft of the Regulations has been laid before Parliament and approved by a resolution of each House of Parliament. Citation, commencement and extent 1 1 These Regulations may be cited as the Data Protection Act 2018 (Qualifying Competent Authorities) Regulations 2025. 2 These Regulations come into force on the twenty-first day after the day on which they are made. 3 These Regulations extend to England and Wales, Scotland and Northern Ireland. Qualifying competent authorities 2 The following competent authorities are qualifying competent authorities for the purposes of the Data Protection Act 2018— a any United Kingdom government department other than a non-ministerial government department; b the chief constable of a police force maintained under section 2 of the Police Act 1996 ; c the Commissioner of Police of the Metropolis; d the Commissioner of Police for the City of London; e the Chief Constable of the Police Service of Northern Ireland; f the chief constable of the Police Service of Scotland; g the chief constable of the British Transport Police; h the chief constable of the Civil Nuclear Constabulary; i the chief constable of the Ministry of Defence Police; j the Provost Marshal of the Royal Navy Police; k the Provost Marshal of the Royal Military Police; l the Provost Marshal of the Royal Air Force Police; m the Provost Marshal for serious crime; n the chief officer of— i a body of constables appointed under provision incorporating section 79 of the Harbours, Docks and Piers Clauses Act 1847 ; ii a body of constables appointed under an order made under section 14 of the Harbours Act 1964 ; iii the body of constables appointed under section 154 of the Port of London Act 1968 ; o a body established in accordance with a collaboration agreement under section 22A of the Police Act 1996 ; p the Commissioners for His Majesty’s Revenue and Customs; q the Director General of the National Crime Agency; r His Majesty’s Land Registry; s the Parole Board for England and Wales; t the Parole Board for Scotland; u the Parole Commissioners for Northern Ireland; v the Probation Board for Northern Ireland; w a person who is, under or by virtue of any enactment, responsible for securing the electronic monitoring of an individual. Sarah Jones Minister of State Home Office 27th October 2025 Explanatory Note (This note is not part of the Regulations) Sections 89 and 90 of the Data (Use and Access) Act (c. 18) (“the DUAA”) amend the Data Protection Act 2018 (c. 12) (“the DPA”) to enable joint processing between qualifying competent authorities and intelligence services, under Part 4 of the DPA. This enables the controllers, previously unable to process jointly, to process personal data within a single, common regime. The controls and safeguards under Part 4 of the DPA will apply to all such joint processing. Section 89(2) of the DUAA amends section 82 of the DPA, widening the scope of Part 4 of the DPA. Previously, Part 4 of the DPA only applied to processing by or on behalf of the intelligence services. As amended, section 82 also applies Part 4 of the DPA to the processing of personal data by a qualifying competent authority where the processing is the subject of a designation notice. Section 89(2) of the DUAA inserts new subsection (2A) into section 82 of the DPA, which grants a power to the Secretary of State to make regulations to specify and describe which competent authorities (as defined in section 30 of the DPA) are “qualifying competent authorities”, and so able to apply for or be issued with a designation notice. These Regulations specify and describe which competent authorities are “ qualifying competent authorities ” for the purposes of the DPA. The qualifying competent authorities will be able to apply jointly with the intelligence services for a designation notice under section 82A of the DPA. The Secretary of State may give a notice designating processing of personal data by a qualifying competent authority where this is required for the purposes of safeguarding national security, and subject to compliance with application requirements in the DPA. Before making these Regulations, the Secretary of State consulted the Commissioner and such other persons as the Secretary of State considers appropriate. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. 2018 c. 12 ; subsection (2A) was inserted by the Data (Use and Access) Act 2025 (c. 18) , section 89(2). “ The Commissioner ” is defined in section 3 of the Data Protection Act 2018. Subsection (4) was inserted by the Data (Use and Access) Act 2025, section 89(2)(d). “Qualifying competent authority” is defined in section 82(2A) of the Data Protection Act 2018. 1996 c. 16 ; section 2 was amended by the Police Reform and Social Responsibility Act 2011 (c. 13) , Schedule 16, paragraph 4. 1847 c. 27 . 1964 c. 40 ; section 14 was amended by the Planning Act 2008 (c. 29) , Schedule 2, paragraph 9; the Transport and Works Act 1992 (c. 42) , Schedule 3, paragraph 1; the Transport Act 1981 (c. 56) , section 40 and Schedule 6, paragraphs 2, 3, 4 and 14 and Schedule 12 (Part 2); the Criminal Justice Act 1982 (c. 48) , section 46; the Criminal Procedure (Scotland) Act 1975 (c. 21) , section 289G (as inserted by section 54 of the Criminal Justice Act 1982 (c. 48) ); S.I. 2006/1177 and S.I. 2009/1941 . 1968 c. 32 ; section 154 was amended by the Criminal Justice Act 1972 (c. 71) , Schedule 6 (Part 1). Section 22A was inserted by the Police Reform and Social Responsibility Act 2011 (c. 13) , section 89(1) and (2), and was amended by the Policing and Crime Act 2017 (c. 3) , section 157(1), (2)(a) and (2)(b).
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[uk-legislation-uksi][uksi] 2025-11-18 The Trade Act 2021 (Power to Implement International Trade Agreements) (Extension to Expiry) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1190/made
http://www.legislation.gov.uk/uksi/2025/1190/made The Trade Act 2021 (Power to Implement International Trade Agreements) (Extension to Expiry) Regulations 2025 King's Printer of Acts of Parliament 2025-11-18 TRADE Section 2(1) of the Trade Act 2021 (“the Act”) provides a power for an appropriate authority to make regulations for the purpose of implementing an international trade agreement (as defined in section 2(2) of the Act) to which the United Kingdom is a signatory and the European Union and other parties were signatories before the United Kingdom left the European Union. The Trade Act 2021 (Power to Implement International Trade Agreements) (Extension to Expiry) Regulations 2025 2025 No. 1190 TRADE The Trade Act 2021 (Power to Implement International Trade Agreements) (Extension to Expiry) Regulations 2025 Made 13th November 2025 Coming into force 30th December 2025 The Secretary of State makes the following Regulations in exercise of the power conferred by section 2(10)(b) of the Trade Act 2021 . In accordance with paragraph 6 of Schedule 2 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament. Citation, commencement and extent 1 1 These Regulations may be cited as the Trade Act 2021 (Power to Implement International Trade Agreements) (Extension to Expiry) Regulations 2025. 2 These Regulations come into force on 30th December 2025. 3 These Regulations extend to England and Wales, Scotland and Northern Ireland. Extension of the expiry of regulation-making power 2 The Secretary of State specifies that— a the period in which regulations may be made to implement an international trade agreement under section 2(1) of the Trade Act 2021 is extended for a period of five years; and b no regulations may be made under section 2(1) of the Trade Act 2021 after the end of the period of 10 years beginning with IP completion day. Chris Bryant Minister of State Department for Business and Trade 13th November 2025 Explanatory Note (This note is not part of the Regulations) Section 2(1) of the Trade Act 2021 (“ the Act ”) provides a power for an appropriate authority to make regulations for the purpose of implementing an international trade agreement (as defined in section 2(2) of the Act) to which the United Kingdom is a signatory and the European Union and other parties were signatories before the United Kingdom left the European Union. Section 2(10) of the Act provides that this power cannot be used after the end of the period of five years beginning with IP completion day (11pm on 31st December 2020) or such other period or periods as are specified in regulations made by the Secretary of State. Regulation 2 extends by five years the period specified for the power to make regulations under section 2(1) of the Act with the effect that no regulations may be made under section 2(1) after the end of 10 years beginning with IP completion day. This will allow an appropriate authority to implement relevant international trade agreements for a further five years. “ Appropriate authority ” is defined in section 5 of the Act as a Minister of the Crown or a devolved authority (the Scottish Ministers, the Welsh Ministers, or a Northern Ireland Department). A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. Physical copies of this instrument are available from the Department of Business and Trade, Old Admiralty Building, London, SW1A 2EG. This instrument is available online at www.legislation.gov.uk . 2021 c. 10 .
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[uk-legislation-uksi][uksi] 2025-11-19 The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2025
http://www.legislation.gov.uk/uksi/2025/1205/made
http://www.legislation.gov.uk/uksi/2025/1205/made The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2025 King's Printer of Acts of Parliament 2025-11-19 FINANCIAL SERVICES AND MARKETS This Order amends the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544) (“the Regulated Activities Order”). The Regulated Activities Order specifies certain activities and investments which are to be regulated activities for the purposes of section 22(1) of the Financial Services and Markets Act 2000 (c. 8) (“the Act”). Section 19 of the Act prohibits persons from carrying on any regulated activity in the United Kingdom, unless they are either authorised or exempt. 2025 No. 1205 FINANCIAL SERVICES AND MARKETS The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2025 Made 17th November 2025 Laid before Parliament 19th November 2025 Coming into force in accordance with article 1(2) and (3) The Treasury make this Order in exercise of the powers conferred by sections 22(1) and (5) and 428(3) of, and paragraph 25 of Schedule 2 to, the Financial Services and Markets Act 2000 . Citation, commencement, extent and interpretation 1 1 This Order may be cited as the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2025. 2 This article and article 2(d) come into force on 10th December 2025. 3 The remaining provisions of this Order come into force on 1st January 2027. 4 This Order extends to England and Wales, Scotland and Northern Ireland. 5 In this Order, “ Regulated Activities Order ” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 . Amendment of the Regulated Activities Order relating to the definition of “investment firm” 2 In the Regulated Activities Order, in Part 1 of Schedule 3 (exemptions from the definition of “investment firm”) — a in paragraph 1(k), for the words from “, considered both individually” to the end, substitute “satisfies either condition in paragraph 1A and paragraph 2 applies” ; b after paragraph 1, insert— 1A The conditions are that— a the activity, considered both individually and on an aggregate basis, is an ancillary activity to P's main business when considered on a group basis as determined in accordance with rules made under paragraph 2A(a), or b the activity, when considered individually, is below an annual threshold as determined in accordance with rules made under paragraph 2A(b). ; c in paragraph 2— i in the opening words of sub-paragraph (a), after “P’s main business” insert “, when considered on a group basis,” ; ii in sub-paragraph (a)(i), after “investment services” insert “, unless the activity referred to in paragraph 1(k)(i) or (ii) is below an annual threshold as determined in accordance with rules made under paragraph 2A” ; iii in sub-paragraph (c), after “P’s main business” insert “, when considered on a group basis, or below an annual threshold as determined in accordance with rules made under paragraph 2A” ; d after paragraph 2, insert— 2A The FCA may make rules specifying the following for the purposes of determining whether P is excluded from the definition of “investment firm” under paragraph 1(k)— a the criteria for establishing when an activity is ancillary to P’s main business on a group basis under paragraph 1A(a), and b the annual threshold referred to in paragraph 1A(b) and the criteria for establishing when an activity is below that threshold. . Consequential amendment to the Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 3 In regulation 47 of the Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (reports and applications) , in paragraph (1), for sub-paragraph (b) substitute— b report to the FCA the basis on which a person considers an activity— i to be ancillary to that person's main business in accordance with the criteria established under paragraph 2A(a) in Part 1 of Schedule 3 to the Regulated Activities Order; or ii to be below the annual threshold specified by the FCA as determined in accordance with the criteria established under paragraph 2A(b) in Part 1 of Schedule 3 to the Regulated Activities Order; . Consequential amendments relating to the revocation of Commission Delegated Regulation (EU) 2017/592 4 1 Article 3 of the Regulated Activities Order is amended as follows. 2 In paragraph (1)— a in the definition “investment firm” — i in paragraph (a), omit the words from “and with Commission Delegated Regulation (EU) 2017/592 ” to the end; ii in paragraph (b), omit “and with Commission Delegated Regulation (EU) 2017/592 ”; b in the definition “qualifying credit institution” , in paragraph (d), omit the words “and with Commission Delegated Regulation (EU) 2017/592 ” to the end. 3 In paragraph (1A) — a in paragraph (a), omit the words from “and with Commission Delegated Regulation (EU) 2017/592 ” to “business”; b in paragraph (b), omit “and with Commission Delegated Regulation (EU) 2017/592 ”. Christian Wakeford Gen Kitchen Two of the Lords Commissioners of His Majesty's Treasury 17th November 2025 Explanatory Note (This note is not part of the Order) This Order amends the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ( S.I. 2001/544 ) (“ the Regulated Activities Order ”). The Regulated Activities Order specifies certain activities and investments which are to be regulated activities for the purposes of section 22(1) of the Financial Services and Markets Act 2000 (c. 8) (“ the Act ”). Section 19 of the Act prohibits persons from carrying on any regulated activity in the United Kingdom, unless they are either authorised or exempt. Paragraph 1(k) in Part 1 of Schedule 3 to the Regulated Activities Order excludes persons dealing on their own account or providing investment services in commodity derivatives, emission allowances and derivatives from the definition of “investment firm”. Such persons are not required to be authorised, provided the activities are ancillary to their main business and the relevant exclusion criteria are met. This Order amends the exclusion to allow alternative exclusion criteria to apply. Article 2 provides two options for assessing whether a person dealing on their own account or providing investment services in commodity derivatives, emission allowances and derivatives is excluded from the definition of “investment firm”. The first option is whether the activity is ancillary to a person’s main business. The second option is whether the activity is below an annual threshold as determined by the Financial Conduct Authority (“the FCA”). Article 2 provides the FCA with a power to make rules to specify the criteria for establishing when an activity is considered to be ancillary to the main business at group level, the annual threshold and the criteria for establishing when an activity is below that threshold. Article 3 makes a consequential amendment to regulation 47(1)(b) of the Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 ( S.I. 2017/701 ). The FCA can direct the manner in which a person reports to the FCA either in relation to activities that are ancillary to the person’s main business or in relation to activities that are below the annual threshold. The amendments made by this Order supersede provision made by the following legislation, which will consequently be revoked under section 1 of the Financial Services and Markets Act 2023 (c. 29) and The Financial Services and Markets Act 2023 (Commencement No. 11 and Saving Provisions) Regulations 2025 ( S.I. 2025/1078 ) on 1st January 2027— a paragraph 19 of Schedule 3 to Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012 (this provision gives the FCA a power to make technical standards to specify the criteria for establishing when an activity is considered to be ancillary to a person’s main business); b Commission Delegated Regulation (EU) 2017/592 of 1 December 2016 supplementing Directive 2014/65/EU of the European Parliament and of the Council with regard to regulatory technical standards for the criteria to establish when an activity is considered to be ancillary to the main business (“ the Delegated Regulation ”); and c Article 72J(1)(a) and (b) of the Regulated Activities Order and relevant definitions (these provisions enable persons seeking to rely on the ancillary activities exemption to carry on their business without authorisation if there is no data available to enable them to perform the test establishing when an activity is ancillary). Article 4 makes other consequential amendments to the Regulated Activities Order that are necessary as a result of the revocation of the Delegated Regulation. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. 2000 c. 8 . The heading of section 22 was amended by section 7 of the Financial Services Act 2012 (c. 21) (“ the 2012 Act ”). Paragraph 25 of Schedule 2 was amended by section 8 of the 2012 Act and section 27 of the Financial Guidance and Claims Act 2018 (c. 10) . S.I. 2001/544 . Schedule 3 was substituted by S.I. 2018/1403 and amended by S.I. 2023/548 . There are other amendments which are not relevant. See section 417(1) of the Financial Services and Markets Act 2000 for the definitions of “the FCA” and “rule”. The definitions of “the FCA” and “rule” were inserted by section 48(1) of the Financial Services Act 2012 (c. 21) . S.I. 2017/701 , as amended by S.I. 2023/548 . There are other amendments which are not relevant. The definition of “investment firm” was substituted by S.I. 2019/632 . EUR 2017/592. The regulation is revoked under section 1 of, and Part 3 of Schedule 1 to, the Financial Services and Markets Act 2023 (c. 29) . The definition of “qualifying credit institution” was inserted by S.I. 2019/632 . Paragraph (1A) was inserted by S.I. 2019/632 .
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[uk-legislation-uksi][uksi] 2025-11-19
http://www.legislation.gov.uk/wsi/2025/1193/made
http://www.legislation.gov.uk/wsi/2025/1193/made The Children and Families (Wales) Measure 2010 (Commencement No. 10) Order 2025 en King's Printer of Acts of Parliament 2025-11-18 SOCIAL CARE, WALES CHILDREN AND YOUNG PERSONS, WALES This is the tenth Commencement Order made by the Welsh Ministers under the Children and Families (Wales) Measure 2010 (“the Measure”). 2025 No. 1193 (W. 194) (C. 60) Social Care, Wales Children And Young Persons, Wales The Children and Families (Wales) Measure 2010 (Commencement No. 10) Order 2025 Made 14 November 2025 The Welsh Ministers, in exercise of the powers conferred by section 75(3) of the Children and Families (Wales) Measure 2010 , makes the following Order. Title and interpretation 1 1 The title of this Order is the Children and Families (Wales) Measure 2010 (Commencement No. 10) Order 2025. 2 In this Order, “ the Measure ” means the Children and Families (Wales) Measure 2010. Appointed Day 2 19 November 2025 is the appointed day for the coming into force of section 71 (general interpretation) of the Measure. Dawn Bowden Minister for Children and Social Care, under the authority of Jeremy Miles, Cabinet Secretary for Health and Social Care, one of the Welsh Ministers 14 November 2025 EXPLANATORY NOTE (This note is not part of the Order) This is the tenth Commencement Order made by the Welsh Ministers under the Children and Families (Wales) Measure 2010 (“the Measure”). This Order brings into force section 71 of the Measure, which is a general interpretation provision. NOTE AS TO EARLIER COMMENCEMENT ORDERS (This note is not part of the Order) Provision Date of Commencement S.I. No. (1) Sections 57 to 58 of the Children and Families (Wales) Measure 2010 (nawm 1) (“the Measure”) were omitted by regulations 275 and 276 of the Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 ( S.I. 2016/413 ) (“ the 2016 Regulations ”). (2) Section 58 of the Measure was omitted by regulations 275 and 276 of the 2016 Regulations. (3) Section 58 of the Measure was omitted by regulations 275 and 276 of the 2016 Regulations. (4) Sections 59-65 of the Measure were omitted by regulations 275 and 276 of the 2016 Regulations. (5) Section 59 of the Measure was omitted by regulations 275 and 276 of the 2016 Regulations. (6) Section 59 of the Measure was omitted by regulations 275 and 276 of the 2016 Regulations. Section 2 (in so far as it applies to the Welsh authorities) 10 January 2011 S.I. 2010/2994 (W. 248) (C. 134) Sections 4-6 10 January 2011 S.I. 2010/2994 (W. 248) (C. 134) Section 11 (except for subsections (3) and (4)) 1 November 2012 S.I. 2012/2453 (W. 267) (C. 96) Section 11(3) and (4) 1 July 2014 S.I. 2014/1606 (W. 164) (C. 64) Section 12 31 January 2012 S.I. 2012/191 (W. 30) (C. 5) Sections 17-18 10 January 2011 S.I. 2010/2994 (W. 248) (C. 134) Sections 19-56 1 April 2011 S.I. 2010/2582 (W. 216) (C. 123) Sections 57, 58(1), (3)-(5), (6)(a), (7)-(9), (11)-(14) 1 September 2010 (in relation to specified local authority areas) S.I. 2010/1699 (W. 160) (C. 87) 28 February 2012 (in relation to specified local authority areas) and 31 March 2012 (in relation to other specified local authority areas) S.I. 2012/191 (W. 30) (C. 5) 1 February 2013 (in relation to specified local authority areas) S.I. 2013/18 (W. 9) (C. 2) 31 July 2013 (in relation to specified local authority areas) S.I. 2013/1830 (W. 184) (C. 78) 28 February 2014 (in relation to specified local authority areas) S.I. 2014/373 (W. 41) (C. 41) Section 58(2) 1 September 2010 (in relation to specified local authority areas) S.I. 2010/1699 (W. 160) (C. 87) 27 January 2012 (in relation to the remaining parts of Wales) S.I. 2012/191 (W. 30) (C. 5) Section 58(10) 1 September 2010 (in relation to specified local authority areas) S.I. 2010/1699 (W. 160) (C. 87) 28 February 2012 (in relation to specified local authority areas) and 31 March 2012 (in relation to other specified local authority areas) S.I. 2012/191 (W. 30) (C. 5) 1 February 2013 (in relation to specified local authority areas) S.I. 2013/18 (W. 9) (C. 2) 19 July 2013 (in relation to the remaining parts of Wales) S.I. 2013/1830 (W. 184) (C. 78) Sections 59(1), (3), 60(2), 61, 62(1), 64 and 65 1 September 2010 (in relation to specified local authority areas) S.I. 2010/1699 (W. 160) (C. 87) 28 February 2012 (in relation to specified local authority areas) and 31 March 2012 (in relation to other specified local authority areas) S.I. 2012/191 (W. 30) (C. 5) 1 February 2013 (in relation to specified local authority areas) S.I. 2013/18 (W. 9) (C. 2) 31 July 2013 (in relation to specified local authority areas) S.I. 2013/1830 (W. 184) (C. 78) 28 February 2014 (in relation to specified local authority areas) S.I. 2014/373 (W. 41) (C. 41) Section 59(2) 1 September 2010 (in relation to specified local authority areas) S.I. 2010/1699 (W. 160) (C. 87) 28 February 2012 (in relation to specified local authority areas) and 31 March 2012 (in relation to other specified local authority areas) S.I. 2012/191 (W. 30) (C. 5) 1 February 2013 (in relation to specified local authority areas) S.I. 2013/18 (W. 9) (C. 2) 19 July 2013 (in relation to the remaining parts of Wales) S.I. 2013/1830 (W.184) (C. 78) Sections 60(1), 62(2) and 63 1 September 2010 (in relation to specified local authority areas) S.I. 2010/1699 (W. 160) (C. 87) 27 January 2012 (in relation to the remaining parts of Wales) S.I. 2012/191 (W. 30) (C. 5) Section 70 30 June 2014 S.I. 2014/1606 (W. 164) (C. 64) Section 72 and Schedule 1 in so far as they relate to paragraphs 1-18 and 21-28 1 April 2011 S.I. 2010/2582 (W. 216) (C. 123) Section 73 and Schedule 2 in so far as they relate to the Children Act 1989, the Education Act 2002 and the Childcare Act 2006 1 April 2011 S.I. 2010/2582 (W. 216) (C. 123) See also section 75(2) of the Measure for the provisions which came into force on the day the Measure was approved by Her Majesty in Council and section 75(1) for those provisions which came into force 2 months after the Measure was approved by Her Majesty in Council. 2010 nawm 1 .
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[uk-legislation-uksi][uksi] 2025-11-19 The Carbon Dioxide Transport and Storage (Licensed Operators) Administration (England and Wales) Rules 2025
http://www.legislation.gov.uk/uksi/2025/1135/made
http://www.legislation.gov.uk/uksi/2025/1135/made The Carbon Dioxide Transport and Storage (Licensed Operators) Administration (England and Wales) Rules 2025 en King's Printer of Acts of Parliament 2025-10-30 INSOLVENCY, ENGLAND AND WALES These Rules set out the procedure for the conduct of T&S administration proceedings in England and Wales. T&S administration is a special insolvency regime specifically created for companies holding licences under section 7 of the Energy Act 2023. 2025 No. 1135 Insolvency, England And Wales The Carbon Dioxide Transport and Storage (Licensed Operators) Administration (England and Wales) Rules 2025 Made 23rd October 2025 Laid before Parliament 29th October 2025 Coming into force 19th November 2025 The Lord Chancellor makes the following Rules, in exercise of powers conferred by section 411 of the Insolvency Act 1986 and section 159(3) of the Energy Act 2004 , as applied by section 44 of the Energy Act 2023 . The Rules are made with the concurrence of the Secretary of State and, in the case of those rules which affect court procedure, of the Chancellor of the High Court (as nominee of the Lord Chief Justice under section 411 (of the Insolvency Act 1986). The Lord Chancellor has consulted the Insolvency Rules Committee in accordance with section 413(2) of the Insolvency Act 1986 . PART 1 Introduction Citation, commencement and extent 1 1 These Rules may be cited as the Carbon Dioxide Transport and Storage (Licensed Operators) Administration (England and Wales) Rules 2025. 2 These Rules— a come into force 21 days after the date on which they are laid; b extend to England and Wales. Application 2 1 These Rules apply in relation to a T&S company which the courts in England and Wales have jurisdiction to wind up. 2 Save where there is express provision to the contrary, the Insolvency Rules do not apply to proceedings to which these Rules apply. Interpretation 3 1 In these Rules— “ the 1986 Act ” means the Insolvency Act 1986; “ the 2004 Act ” means the Energy Act 2004; “ the 2023 Act ” means the Energy Act 2023; “authenticated” is to be interpreted in accordance with rule 157; “ business day ” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under or by virtue of the Banking and Financial Dealings Act 1971 ; “ contributory ” has the same meaning as in section 79 of the 1986 Act ; “ CPR ” means the Civil Procedure Rules 1998 ; “deliver” is to be interpreted in accordance with Chapter 1 of Part 13; “delivery” is to be interpreted in accordance with Chapter 1 of Part 13; “ District Judge of the High Court ” means a District Judge sitting in an assigned district registry as a District Judge of the High Court under section 100 of the Senior Courts Act 1981 ; “ enforcement agent ” means a person who is able to act in accordance with section 63(2) of the Tribunals, Courts and Enforcement Act 2007 as an enforcement agent; “ enforcement officer ” means an individual who is authorised to act as an enforcement officer under the Courts Act 2003 ; “ file with the court ” means deliver to the court for filing; “ the Gazette ” means the London Gazette; “ gazetted ” means advertised once in the London Gazette; “ High Court Judge ” means a Judge referred to in section 4(1) of the Senior Courts Act 1981 ; “ Insolvency and Companies Court Judge ” means a person appointed to the office of Insolvency and Companies Court Judge under section 89(1) of the Senior Courts Act 1981 ; “ insolvency proceedings ” means any proceedings under the 1986 Act or the Insolvency Rules; “ the Insolvency Rules ” means the Insolvency (England and Wales) Rules 2016 ; “ IP number ” means the number assigned to a person as an insolvency practitioner by the Secretary of State; “joint T&S administrator” means a person appointed to act jointly or concurrently as T&S administrator of a T&S company; “ practice direction ” means a direction as to the practice and procedure of any court within the scope of the CPR; “ prescribed part ” has the same meaning as in section 176A(2) of the 1986 Act ; “pre-T&S administration costs” means, in relation to a T&S company in respect of which a T&S administration order has been made, those fees charged and expenses incurred— by the T&S administrator, or another person qualified to act as an insolvency practitioner, prior to the making of the T&S administration order; and with a view to the making of the T&S administration order; “ proof ”, in relation to a debt, has the meaning given in rule 44(2); “ proving ”, in relation to a debt, has the meaning given in rule 44(2); “ qualified to act as an insolvency practitioner ” has the meaning given by Part 13 of the 1986 Act; “qualifying floating charge” is to be interpreted in accordance with paragraph 14(2) of Schedule B1 to the 1986 Act ; “ registrar of companies ” means the registrar of companies for England and Wales; “T&S administration” means administration entered into pursuant to the making of a T&S administration order ; “T&S administration proceedings” means any proceedings under— sections 156 to 167 of, and Schedules 20 and 21 to, the 2004 Act ; Chapter 4 of Part 1 of the 2023 Act; these Rules; “serve” is to be interpreted in respect of a particular document by reference to Chapter 3 of Part 13; “service” is to be interpreted in respect of a particular document by reference to Chapter 3 of Part 13; “ solicitor ” means a solicitor of the Senior Courts and includes any other person who, for the purposes of the Legal Services Act 2007 (“ the 2007 Act ”) is— an authorised person in relation to an activity which constitutes the conduct of litigation within the meaning of the 2007 Act, or exempt from such authorisation by virtue of section 19 of, and Schedule 3 to, the 2007 Act ; “ the standard fee ” means— 15 pence per A4 or A5 page; 30 pence per A3 page; “ statement of proposals ” has the meaning given in rule 21; “ statement of truth ” means a statement of truth made in accordance with CPR Part 22 ; “ unpaid ” means, in relation to pre-T&S administration costs relating to a T&S company that is subject to a T&S administration order, any such costs that remain unpaid on the making of that order; “ venue ” means, in relation to proceedings, attendance before court or meeting, the— time, date, and place for the proceedings, attendance or meeting; where a meeting is held in accordance with section 246A of the 1986 Act without any place being specified for it, the time and date of the meeting; “ witness statement ” means a witness statement made in accordance with CPR Part 32 and verified by a statement of truth. 2 If a provision of the 1986 Act referred to in these Rules has been modified by Schedule 20 to the 2004 Act (as applied and modified by the 2023 Act), that reference is to the provision of the 1986 Act as so modified. 3 References to provisions of the 2004 Act are, where those provisions have been applied and modified by the 2023 Act, references to those provisions as so modified. Interpretation: “debt”; “liability” 4 1 In these Rules “ debt ” means (subject to paragraph (2)) any of the following— a any debt or liability to which a T&S company is subject at the date on which it entered T&S company administration; b any debt or liability to which that company may become subject after that date by reason of any obligation incurred before that date; c any interest provable as mentioned in rule 58(1). 2 For the purpose of any provision of the 1986 Act, sections 154 to 171 of and Schedule 20 and 21 to the 2004 Act , the 2023 Act, or these Rules, any liability in tort is a debt provable in a T&S company administration if either— a the cause of action has accrued at the date on which the T&S administration order is made, or b all the elements necessary to establish the cause of action exist at that date except for actionable damage. 3 For the purposes of references in any provision of the 1986 Act, sections 154 to 171 of and Schedules 20 and 21 to the 2004 Act, the 2023 Act or these Rules, to a debt or liability, it is immaterial whether the debt or liability is present or future, whether it is certain or contingent, or whether its amount is fixed or liquidated, or is capable of being ascertained by fixed rules or as a matter of opinion; and references in any such provision to owing a debt are to be read accordingly. 4 In any provision of the 1986 Act, sections 154 to 171 of and Schedules 20 and 21 to the 2004 Act, or these Rules, except in so far as the context otherwise requires, “ liability ” means (subject to paragraph (2)) a liability to pay money or money’s worth, including any liability under an enactment, any liability for breach of trust, any liability in contract, tort or bailment, and any liability arising out of an obligation to make restitution. PART 2 Application for a T&S Administration Order Form of application 5 1 An application for a T&S administration order must— a be headed “T&S company administration application”; b include, immediately below the heading, the full name, registered address, registered number and any other trading names of the T&S company to which the application relates; c state by whom it is made and the applicant’s address for service. 2 Where the application is made by the Gas and Electricity Markets Authority, it must contain a statement that it is made with the consent of the Secretary of State. 3 An application for a T&S administration order must state— a in relation to the company that is the subject of the application— i its nominal capital, ii the number of shares into which that capital is divided iii the nominal value of each of those shares; iv the amount of that capital paid up or treated as paid up; b the name and address of the proposed T&S administrator; c that— i the applicant believes, for the reasons set out in the witness statement in support of the application, that the company in respect of which the application is made is, or is likely to become, unable to pay its debts, or ii the Secretary of State has certified that it would be appropriate to present a petition for the winding up of the company under section 124A of the 1986 Act ; d that the applicant requests the court— i to make a T&S administration order in relation to the company, ii to appoint the proposed person to be the T&S administrator, and iii to make such ancillary order as the applicant may request, and such other order as the court thinks appropriate. 4 The application must be— a authenticated by the applicant, or the applicant’s solicitor, and b dated. Proposed T&S administrator’s statement and consent to act 6 1 References in this Part to a “statement and consent to act” are to a statement by a proposed T&S administrator which complies with the requirements of paragraphs (2) to (4). 2 The statement must— a be headed “Proposed T&S administrator’s statement and consent to act”; b include, immediately below the heading, the full name, registered address, registered number and any other trading names of the T&S company. 3 The statement must contain the following— a a certificate that the proposed T&S administrator is qualified to act as an insolvency practitioner in relation to the company; b the proposed T&S administrator’s IP number; c the name of the relevant recognised professional body which is the source of the proposed T&S administrator’s authorisation to act in relation to the company; d a statement that the proposed T&S administrator consents to act as the T&S administrator of the T&S company; e a statement whether or not the proposed T&S administrator has had any prior professional relationship with the company and, if so, a short summary of that relationship; f the name of the applicant; g a statement that the proposed T&S administrator is of the opinion that the objective of the T&S company administration is reasonably likely to be achieved in the particular case. 4 The statement must be authenticated and dated by the proposed T&S administrator. 5 Where it is proposed to appoint joint T&S administrators, each of them must provide a separate statement and consent to act. Witness statement in support of application 7 1 An application for a T&S administration order must be accompanied by a witness statement which complies with paragraphs (2) and (3). 2 The witness statement must state— a the nature of the authority of the person making it, and b the means of that person’s knowledge of the matters to which the witness statement relates. 3 The witness statement must set out the following— a the financial position of the T&S company, specifying, to the best of the applicant’s knowledge and belief, its assets and liabilities, including contingent and prospective liabilities; b details of any security known or believed to be held by creditors of the company and whether in any case the security is such as to confer power on the holder to appoint an administrative receiver or to appoint an administrator under paragraph 14 of Schedule B1 to the 1986 Act; c if a monitor under a moratorium under Part A1 of the 1986 Act has been appointed, a statement that this is the case; d if an administrative receiver has been appointed, a statement that this is the case; e details of any insolvency proceedings in relation to the company, including any petition that has been presented for the winding up of the company, so far as known to the applicant; f details of any notice served in accordance with section 164 of the 2004 Act by any person intending to enforce any security over the company’s assets, so far as within the immediate knowledge of the applicant; g details of any step taken to enforce any security over the company’s assets, so far as within the immediate knowledge of the applicant; h details of any application for permission of the court to pass a resolution for the voluntary winding up of the company, so far as within the immediate knowledge of the applicant; i where it is intended to appoint a number of persons as T&S administrators, details of the matters set out in section 158(5) of the 2004 Act regarding the exercise of the powers and duties of the T&S administrator; j any other matters which, in the opinion of those intending to make the application for a T&S administration order, will assist the court in deciding whether to make such an order, so far as within the knowledge or belief of the applicant. Filing of application 8 1 An application for a T&S administration order must be commenced in the High Court. 2 The application must be filed with the court together with— a the witness statement in support (see rule 7); b the proposed T&S administrator’s statement and consent to act (see rule 6). 3 An application filed with the court in hard copy must be accompanied by a sufficient number of copies of the application and the witness statement for service in accordance with rule 9. 4 The court must fix a venue for the hearing of the application. 5 Each copy of the application filed with the court must— a have applied to it the seal of the court; b be endorsed with— i the date and time of filing; ii the venue fixed by the court; c be delivered by the court to the applicant. 6 After the application has been filed and until an order is made, it is the duty of the applicant to file with the court notice of the existence of any insolvency proceedings in relation to the company, as soon as the applicant becomes aware of them. Service of application 9 1 In paragraphs (2) to (4), references to the application are to a copy of the application delivered by the court to the applicant under rule 8(5)(c) and the witness statement required by rule 7(1). 2 Notification for the purposes of section 156(2) of the 2004 Act must be by service of the application. 3 In addition to those persons referred to in section 156(2) of the 2004 Act, the applicant must serve the application— a on the person proposed as T&S administrator; b on the T&S company; c if an administrative receiver has been appointed, on the administrative receiver; d if there is pending an administration application under Schedule B1 to the 1986 Act, without the modifications made by Schedule 20 to the 2004 Act, on the applicant; e if there is pending a petition for the winding up of the company, on— i the petitioner, and ii any provisional liquidator; f if a monitor under a moratorium under Part A1 of the 1986 Act has been appointed, on that person; g if a supervisor of a voluntary arrangement under Part 1 of the 1986 Act has been appointed, on that person; h on any creditor who has served notice in accordance with section 164 of the 2004 Act of the creditor’s intention to enforce the creditor’s security over property of the company; i on the Health and Safety Executive; j on the Oil and Gas Authority; k if the applicant is the Secretary of State, on the Gas and Electricity Markets Authority; l if the applicant is the Gas and Electricity Markets Authority, the Secretary of State. 4 A certificate of service which complies with the requirements in rule 162 must be filed with the court as soon as reasonably practicable after service, and, in any event, no later than the business day before the hearing of the application. Notice to officers charged with distress or other legal process 10 The applicant must as soon as reasonably practicable after filing the application deliver a notice of it being made to— a any enforcement agent, enforcement officer or other officer who to the applicant’s knowledge is charged with distress or other legal process against the company or its property; b any person who to the applicant’s knowledge has distrained against the company or its property. The hearing 11 1 At the hearing of the application, any of the following may appear or be represented— a any proposed T&S administrator; b the company; c the Secretary of State; d the Gas and Electricity Markets Authority; e one or more of the directors of the company; f any person that is the holder of a qualifying floating charge; g if an administrative receiver has been appointed, that person; h any person who has applied to the court for an administration order under Schedule B1 to the 1986 Act, without the modifications made by Schedule 20 to the 2004 Act; i any person who has presented a petition for the winding up of the company; j if a monitor under a moratorium under Part A1 of the 1986 Act has been appointed, on that person; k any supervisor of a voluntary arrangement under Part 1 of the 1986 Act; l any creditor who has served notice in accordance with section 164 of the 2004 Act of the creditor’s intention to enforce the creditor’s security over the property of the company; m with the permission of the court, any other person who appears to have an interest justifying the person’s appearance. 2 Where the court makes a T&S administration order in relation to a T&S company, the order must— a be headed “Carbon dioxide transport and storage company administration order”; b include— i the full name, registered address, registered number and any other trading names of the company; ii details of the court where the proceedings are and the court reference number, and c set out each matter specified in paragraph (3) and, where applicable, paragraph (4). 3 The matters are— a the name and title of the Judge making the order; b the address for service of the applicant; c details of any other parties, including the T&S company, appearing and, where applicable, by whom each such party is represented; d an order that during the period the order is in force the affairs, business and property of the company are to be managed by the T&S administrator; e the name of the person appointed as T&S administrator; f an order that the person is appointed as T&S administrator of the company; g the date of the order, and, if the court so directs, the time; h such other provisions, if any, as the court thinks just. 4 Where joint T&S administrators are appointed, the order must also specify— a which functions, if any, are to be exercised by those persons acting jointly, and b which functions, if any, are to be exercised by any or all of those persons. 5 If the court makes a T&S administration order, the costs of the applicant, and of any other persons whose costs are allowed by the court, are payable as an expense of the T&S administration. Notice of the making of a T&S administration order 12 1 If the court makes a T&S administration order, it must, as soon as reasonably practicable, deliver two sealed copies of the order to the person who made the application. 2 The applicant must deliver as soon as reasonably practicable— a a sealed copy of the order to the person appointed as T&S administrator; b if joint T&S administrators have been appointed, a sealed copy to one and a copy of the sealed copy to any other T&S administrator so appointed. 3 If the court makes an order under section 157(1)(d) of the 2004 Act or any other order under section 157(1)(f) of the 2004 Act, it must give directions as to the persons to whom, and how, notice of that order is to be delivered. PART 3 Process of T&S company administration Notification and advertisement of T&S administrator’s appointment 13 1 A T&S administrator must, as soon as reasonably practicable after the date of the making of a T&S administration order, deliver a notice of the T&S administrator’s appointment— a if the application for the T&S administration order was made by the Secretary of State, to the Gas and Electricity Markets Authority; b if the application for the T&S administration order was made by the Gas and Electricity Markets Authority, to the Secretary of State; c to any holder of a qualifying floating charge who, to the T&S administrator’s knowledge, has served notice in accordance with section 163 of the 2004 Act that the person is seeking to appoint an administrator; d if a receiver or an administrative receiver has been appointed, to that person; e to any person who has applied to the court for an administration order under Schedule B1 to the 1986 Act, without the modifications made by Schedule 20 to the 2004 Act, in relation to the company; f if there is pending a petition for the winding up of the company, to the petitioner and also to the provisional liquidator, if any; g if a monitor under a moratorium under Part A1 of the 1986 Act has been appointed, on that person; h to any supervisor of a voluntary arrangement under Part 1 of the 1986 Act; i to any creditor who, to the T&S administrator’s knowledge, has served notice in accordance with section 164 of the 2004 Act of that person’s intention to enforce that person’s security over the property of the company; j to any enforcement agent, enforcement officer or other officer who, to the T&S administrator’s knowledge, is charged with distress or other legal process against the company or its property; k to any person who, to the T&S administrator’s knowledge, has distrained against the company or its property; l to the Health and Safety Executive; m to the Oil and Gas Authority. 2 The notice of appointment must state the following— a that a T&S administrator has been appointed; b the date of the appointment. 3 The T&S administrator— a must, as soon as reasonably practicable after the making of the T&S administration order, gazette the notice of their appointment; and b may advertise the notice of appointment in such other manner as the T&S administrator thinks fit. 4 Where, under a provision of Schedule B1 to the 1986 Act or these Rules, the T&S administrator is required to deliver a notice of their appointment to any person, the notice must— a be headed “Notice of T&S administrator’s appointment”, b include immediately below the heading— i the full name, registered address, registered number and any other trading names of the company in respect of which the T&S administration order has been made; ii details of the court where the proceedings are and the court reference number, c contain a statement identifying the person appointed as T&S administrator, including their full name, address and IP number; 5 The notice must be authenticated and dated by the T&S administrator. Notice requiring statement of affairs 14 1 In this Part— a “ nominated person ” means any person to whom a notice is delivered in accordance with paragraph (2); b “ relevant person ” has the meaning given to it in paragraph 47(3) of Schedule B1 to the 1986 Act. 2 A requirement under paragraph 47(1) of Schedule B1 to the 1986 Act for one or more relevant persons to provide the T&S administrator with a statement of the affairs of the company must be made by a notice delivered to each such person. 3 The notice must— a be headed “Notice requiring statement of affairs”; b include immediately below the heading— i the full name, registered address, registered number and any other trading names of the company; ii details of the court where the proceedings are and the court reference number; c require each nominated person to prepare and submit to the T&S administrator a statement of affairs of the company; d inform each nominated person of— i the names and addresses of all others, if any, to whom the same notice has been delivered; ii the requirement to deliver the statement of affairs to the T&S administrator no later than the period of 11 days beginning with the day on which the notice is received; iii the effect of paragraph 48(4) of Schedule B1 to the 1986 Act (offence of non-compliance) and section 235 of the 1986 Act (duty to co-operate with the T&S administrator). 4 The T&S administrator must inform each nominated person that a document for the preparation of the statement of affairs capable of completion in compliance with rule 15 will be supplied if requested. 5 The nominated person, or one of them, if more than one, must deliver the statement of affairs to the T&S administrator with the statement of truth required by paragraph 47(2)(a) of Schedule B1 to the 1986 Act and a copy of each statement. Statement of affairs: content 15 1 The statement of affairs must— a be headed “Statement of affairs”; b include immediately below the heading— i the full name, registered address, registered number and any other trading names of the company; ii details of the court where the proceedings are and the court reference number; c state that it is a statement of affairs of the company on the date on which it entered T&S administration. 2 The statement of affairs must contain, in addition to the matters required by paragraph 47(2) of Schedule B1 to the 1986 Act, the following— a a summary of the assets of the company, setting out the book value and estimated realisable value of— i any assets subject to a fixed charge; ii any assets subject to a floating charge; iii any uncharged assets; iv the total value of all the assets available for preferential creditors; b a summary of the liabilities of the company, setting out— i the amount of preferential debts; ii an estimate of the deficiency with respect to preferential debts or the surplus available after paying the preferential debts; iii if applicable, an estimate of the prescribed part; iv the amount of debt secured by floating charges; v an estimate of the total assets available to pay debts secured by floating charges; vi an estimate of the deficiency with respect to debts secured by floating charges or the surplus available after paying the debts secured by fixed or floating charges; vii the amount of unsecured debts, excluding preferential debts; viii an estimate of the deficiency with respect to unsecured debts or the surplus available after paying unsecured debts; ix any issued and called-up capital; x an estimate of the deficiency with respect to, or surplus available to, members of the company; c a list of the company’s creditors, with the further information required by paragraph (3) and indicating— i any creditors under hire-purchase, chattel leasing or conditional sale agreements; ii any creditors claiming retention of title over property in the company’s possession; d the name and address of each member of the company and the number, nominal value and other details of the shares held by each member. 3 The list of creditors required by paragraph 47(2) of Schedule B1 to the 1986 Act and paragraph (2)(c) of this rule must contain the following information, unless paragraph (4) applies— a the name and postal address of the creditor; b the amount of the debt owed to the creditor; c details of any security held by the creditor; d the date on which any such security was given; e the value of any such security. 4 This paragraph applies in respect of any creditor who is an employee or former employee of the company (an “employee and former employee creditor”). 5 Where paragraph (4) applies, the statement of affairs must— a state the number of employee and former employee creditors and the total amount of debts owed to them; b set out in a separate schedule the information required by paragraph (3)(a) to (e) in respect of each employee and former employee creditor. Statement of concurrence 16 1 The T&S administrator may require a relevant person to deliver to the T&S administrator a statement of concurrence. 2 A statement of concurrence is a statement, verified by a statement of truth, that that person concurs in the statement of affairs submitted by a nominated person. 3 The T&S administrator must inform the nominated person that the relevant person mentioned in paragraph (1) has been required to deliver a statement of concurrence. 4 The nominated person must deliver a copy of the statement of affairs to every relevant person who has been required to submit a statement of concurrence. 5 The relevant person must deliver the required statement of concurrence together with a copy to the T&S administrator before the end of the period of five business days, or such other period as the T&S administrator may agree, beginning with the day on which the relevant person receives the statement of affairs. 6 A statement of concurrence must— a be headed “Statement of concurrence”; b include immediately below the heading— i the full name, registered address, registered number and any other trading names of the company; ii details of the court where the proceedings are and the court reference number. 7 A statement of concurrence may be qualified in relation to matters dealt with in the statement of affairs where the person making the statement of concurrence— a is not in agreement with the statement of affairs, b considers the statement of affairs to be erroneous or misleading, or c is without the direct knowledge necessary for concurring with it. Statement of affairs: filing, etc. 17 1 The T&S administrator must as soon as reasonably practicable deliver to the registrar of companies a copy of the statement of affairs and any statement of concurrence (subject to rule 18). 2 But the T&S administrator must not deliver to the registrar of companies the schedule to a statement of affairs required by rule 15(5)(b). Statement of affairs: limited disclosure 18 1 Paragraph (2) applies where the T&S administrator thinks that the disclosure of the whole or part of a statement of affairs or statement of concurrence (as the case may be)— a would prejudice the conduct of the T&S administration, or b might reasonably be expected to lead to violence against any person. 2 The T&S administrator may apply to court in respect of the statement of affairs or the statement of concurrence or any part of either such statement. 3 The court may, on an application under paragraph (2), order that the whole of, or a specified part of, a statement referred to in paragraph (1) must not be delivered to the registrar of companies. 4 On the making of an order under paragraph (3), the T&S administrator must as soon as reasonably practicable deliver to the registrar of companies— a a copy of the order; b the statement of affairs or statement of concurrence or both to the extent provided by the order. 5 A creditor may apply to the court for an order that the T&S administrator disclose any statement or specified part of any statement in relation to which an order has been made under paragraph (3). 6 An application under paragraph (5) must be supported by a witness statement. 7 An applicant under paragraph (5) must deliver to the T&S administrator notice of the application at least three business days before the hearing. 8 The court may, on an application under paragraph (5), make any order for disclosure subject to any conditions as to confidentiality, duration, the scope of the order in the event of any change of circumstances, or other matters as it thinks just. 9 If there is a material change in circumstances rendering an order under paragraph (3) wholly or partially unnecessary, the T&S administrator must, as soon as reasonably practicable after the change, apply to the court for the order or any part of it to be rescinded or amended. 10 The T&S administrator must, as soon as reasonably practicable after the making of an order under paragraph (9), deliver to the registrar of companies a copy of the statement of affairs and any statement of concurrence to the extent provided by the order. 11 If, after the T&S administrator has sent a statement of proposals under paragraph 49 of Schedule B1 to the 1986 Act, a statement of affairs is delivered to the registrar of companies in accordance with paragraph (10), the T&S administrator must deliver to the creditors a copy or summary of the statement of affairs as delivered to the registrar of companies. 12 The provisions of CPR Part 31 and practice direction 57AD do not apply to any application under this rule . Release from duty to submit statement of affairs; extension of time 19 1 The power of the T&S administrator under paragraph 48(2) of Schedule B1 to the 1986 Act to revoke a requirement to provide a statement of affairs, or to extend the period within which it must be submitted, may be exercised by the T&S administrator— a at the T&S administrator’s own discretion, or b at the request of a nominated person. 2 The nominated person may apply to the court if the T&S administrator refuses that person’s request for a revocation or extension. 3 The court may, if it thinks that no sufficient cause is shown for the application, dismiss it without giving notice to any party other than the applicant. 4 If the application is not dismissed, the court must fix a venue for it to be heard, and give notice to the applicant accordingly. 5 The applicant must, at least 14 days before the hearing, deliver to the T&S administrator a notice stating the venue with a copy of the application and of any evidence on which the applicant intends to rely. 6 The T&S administrator may appear and be heard on the application. 7 Whether or not the T&S administrator appears, the T&S administrator may file a report of any matters which the T&S administrator considers ought to be drawn to the court’s attention. 8 If such a report is filed, the T&S administrator must deliver a copy of it to the applicant not less than five business days before the date fixed for the hearing. 9 Sealed copies of any order made on the application must be delivered by the court to the applicant and the T&S administrator. 10 On an application under this rule, the applicant’s costs must be paid by the applicant in any event, but the court may order that an allowance of all or part of them may be payable as an expense of the T&S administration. Expenses of statement of affairs and statement of concurrence 20 1 The following expenses must be paid by the T&S administrator as an expense of the T&S administration— a the expenses of a nominated person which the T&S administrator considers to have been reasonably incurred in making a statement of affairs; b the expenses of a relevant person which the T&S administrator considers to have been reasonably incurred in making a statement of concurrence. 2 A decision by the T&S administrator that expenses were not reasonably incurred for the purposes of paragraph (1) may be appealed by way of an application to the court. 3 Nothing in this rule relieves a nominated person or relevant person of any obligation with respect to the making and delivery of a statement of affairs or statement of concurrence. T&S administrator’s proposals 21 1 This rule applies to the statement the T&S administrator is required to make under paragraph 49 of Schedule B1 to the 1986 Act (“the statement of proposals”). 2 The statement of proposals must include (in addition to those matters set out in paragraph 49 of Schedule B1 to the 1986 Act) the following— a the full name, registered address, registered number and any other trading names of the T&S company; b details of the court where the proceedings are and the court reference number; c details relating to the T&S administrator’s appointment, including— i the date of appointment; ii whether the application was made by the Secretary of State or the Gas and Electricity Markets Authority; iii where there are joint T&S administrators, details of the matters set out in section 158(5) of the 2004 Act; d the names of the directors and secretary of the T&S company and details of any shareholdings in the T&S company they may have; e an account of the circumstances giving rise to the appointment of the T&S administrator; f if a statement of affairs has been submitted— i a copy or summary of it, except so far as an order under rule 18 limits disclosure of it, and excluding any schedule referred to in rule 15(5)(b), or the particulars relating to individual creditors contained in any such schedule; ii details of who provided the statement of affairs; iii any comments which the T&S administrator may have upon the statement of affairs; g if an order under rule 18 (limited disclosure) has been made— i a statement of that fact; ii the date of the order; h if no statement of affairs has been submitted— i details of the financial position of the T&S company at the latest practicable date (which must, unless the court orders otherwise, be a date not earlier than that on which the T&S company entered T&S administration); ii an explanation as to why there is no statement of affairs; i a full list of the company’s creditors in accordance with paragraph (3), if either— i no statement of affairs has been submitted, or ii a statement of affairs has been submitted but it does not include such a list, or the T&S administrator believes the list included is less than full; j except where the T&S administrator proposes a voluntary arrangement in relation to the T&S company and subject to paragraph (7)— i to the best of the T&S administrator’s knowledge and belief— aa an estimate of the value of the prescribed part (whether or not the T&S administrator proposes to make an application to court under section 176A(5) of the 1986 Act or section 176A(3) of the 1986 Act applies); bb an estimate of the value of the T&S company’s net property as defined in section 176A(6) of the 1986 Act; ii a statement whether the T&S administrator proposes to make an application to the court under section 176A(5) of the 1986 Act and if so the reason for the application; k a statement of any pre-T&S administration costs charged or incurred by the T&S administrator or, to the T&S administrator’s knowledge, by any other person qualified to act as an insolvency practitioner (see rule 22); l a statement of how it is envisaged the objective of the T&S administration will be achieved and how it is proposed that the T&S administration will end; m the manner in which the affairs and business of the T&S company— i have, since the date of the T&S administrator’s appointment, been managed and financed, including where any assets have been disposed of, the reasons for such disposals and the terms upon which such disposals were made; ii will continue to be managed and financed; n such other information (if any) as the T&S administrator thinks necessary. 3 Subject to paragraphs (4) and (5), the list of creditors required by paragraph (2)(i) must contain the following particulars— a the name and postal address of the creditor; b the amount of the debt owed to the creditor; c details of any security held by the creditor; d the date on which any such security was given; e the value of any such security. 4 This paragraph applies in respect of any creditor who is an employee or former employee of the T&S company (an “employee and former employee creditor”). 5 Where paragraph (4) applies, the list of creditors required by paragraph (2)(i) must— a state the number of employee and former employee creditors and the total amount of debts owed to them; b set out in a separate schedule the information required by paragraph (3)(a) to (e) in respect of each employee and former employee creditor. 6 Where paragraph (4) applies, the T&S administrator must not deliver the schedule referred to in paragraph (5)(b) to the registrar of companies with the statement of proposals. 7 The T&S administrator may exclude from an estimate under paragraph (2)(j) information the disclosure of which could seriously prejudice the commercial interests of the company, and, if such information is so excluded, the estimate must be accompanied by a statement to that effect. 8 Paragraph (9) applies where it is proposed that the T&S administration will end by the T&S company moving to a creditors’ voluntary liquidation. 9 Where this paragraph applies the statement required by paragraph (2)(l) must include the following— a details of the proposed liquidator; b where applicable, the declaration required by section 231 of the 1986 Act ; c a statement that the creditors may nominate a different person as liquidator in accordance with paragraph 83(7)(a) of Schedule B1 to the 1986 Act and rule 89(4). Statement of pre-T&S administration costs 22 A statement of pre-T&S administration costs (the “costs”) under rule 21(2)(k) must include the following— a details of any agreement under which the fees were charged and expenses incurred, including the parties to the agreement and the date on which the agreement was made; b details of the work done for which the fees were charged and expenses incurred; c an explanation of why the work was done before the T&S company entered T&S administration and how it had been intended to further the achievement of the objective of the T&S administration; d a statement of the amount of the costs, setting out separately— i the fees charged by the T&S administrator; ii the expenses incurred by the T&S administrator; iii the fees charged, to the T&S administrator’s knowledge, by any other person qualified to act as an insolvency practitioner (and, if more than one, by each separately); iv the expenses incurred, to the T&S administrator’s knowledge, by any other person qualified to act as an insolvency practitioner (and, if more than one, by each separately); e a statement of the costs which have already been paid, set out separately as under paragraph (d)(i) to (iv); f the identity of the person who made the payment or, if more than one person made the payment, the identity of each such person and of the amounts paid by each such person, set out separately as under paragraph (d)(i) to (iv); g a statement of the amounts of the costs which have not been paid, set out separately as under paragraph (d)(i) to (iv); h a statement that the payment of unpaid costs as an expense of the T&S administration is subject to approval under rule 43. Ancillary provisions about delivery of T&S administrator’s proposals 23 1 Paragraph (2) applies where the court orders, on an application by the T&S administrator under paragraph 107 of Schedule B1 to the 1986 Act, an extension of the period in paragraph 49(5) of Schedule B1 to the 1986 Act for delivering copies of the statement of proposals. 2 As soon as reasonably practicable after the making of the order, the T&S administrator must— a deliver a notice of the extension to every creditor of the T&S company and every member of the T&S company of whose address (in either case) the T&S administrator is aware, and b deliver a copy of the notice of the extension to the registrar of companies. 3 The notice mentioned in paragraph (2) must— a be headed “Notice of extension of time period”; b include immediately below the heading— i the full name, registered address, registered number and any other trading names of the T&S company; ii details of the court where the proceedings are and the court reference number; c state the date to which the court has ordered an extension. 4 Where the T&S administrator wishes to publish a notice under paragraph 49(6) of Schedule B1 to the 1986 Act, the notice must— a be advertised in such manner as the T&S administrator thinks fit; b be published as soon as reasonably practicable after the T&S administrator has delivered the statement of proposals to the T&S company’s creditors but no later than 8 weeks, or such other period as may be agreed by the creditors or as the court may order, from the date on which the T&S company entered T&S administration. T&S administrator’s proposals; limited disclosure 24 1 If the T&S administrator thinks that it would prejudice the conduct of the T&S administration or might reasonably be expected to lead to violence against any person for any of the matters specified in rule 21(2)(h) and (i) to be disclosed, the T&S administrator may apply to the court for an order in relation to any specified part of the statement of proposals. 2 The court may, on an application under paragraph (1), order that some or all of the specified part of the statement must not be delivered to— a the registrar of companies, or b creditors or members of the T&S company. 3 On the making of an order under paragraph (2), the T&S administrator must as soon as reasonably practicable deliver to the persons specified in paragraph 49(4) of Schedule B1 to the 1986 Act— a the statement of proposals (to the extent provided by the order); b an indication of the nature of the matter in relation to which the order was made. 4 The T&S administrator must also deliver a copy of the order to the registrar of companies. 5 A creditor may apply to the court for an order that the T&S administrator disclose any part of a statement of proposals in relation to which an order has been made under paragraph (2). 6 The application under paragraph (5) must be supported by a witness statement. 7 The applicant must deliver to the T&S administrator notice of the application under paragraph (5) at least three business days before the hearing. 8 The court may, on an application under paragraph (5), make any order for disclosure subject to any conditions as to confidentiality, duration, the scope of the order in the event of any change of circumstances, or other matters as it thinks just. 9 If there is a material change in circumstances rendering an order under paragraph (2) wholly or partially unnecessary, the T&S administrator must, as soon as reasonably practicable after the change, apply to the court for the order or any part of it to be rescinded or amended. 10 The T&S administrator must, as soon as reasonably practicable after the making of an order under paragraph (9), deliver to the persons specified in paragraph 49(4) of Schedule B1 to the 1986 Act— a a copy of the statement of proposals to the extent provided by the order; b an indication of the nature of the matter in relation to which the order was made. 11 The provisions of CPR Part 31 and practice direction 57AD do not apply to any application under this rule. Revision of the T&S administrator’s proposals 25 1 Where paragraph 54(2) of Schedule B1 to the 1986 Act applies, the T&S administrator must, as soon as reasonably practicable— a make a statement setting out the revisions to the T&S administrator’s proposals; b send the statement to all those to whom the T&S administrator is required to send a copy of the revised proposals (see paragraph 54(2)(b) and (c)). 2 The statement of revised proposals must— a be headed “Statement of T&S administrator’s revised proposals”; b include immediately below the heading— i the full name, registered address, registered number and any other trading names of the T&S company; ii details of the court where the proceedings are and the court reference number. 3 The statement of revised proposals must include the following— a details relating to the T&S administrator’s appointment, including the date of appointment and whether the T&S administration application was made by the Secretary of State or the Gas and Electricity Markets Authority; b the names of the directors and secretary of the T&S company and details of any shareholdings in the T&S company they may have; c a summary of the original proposals and the reasons for the revision; d details of the revision including details of the T&S administrator’s assessment of the likely impact of the revision upon creditors generally or upon each class of creditors; e where the revision relates to the ending of the T&S administration by a creditors’ voluntary liquidation and the nomination of a person to be the proposed liquidator of the T&S company— i details of the proposed liquidator; ii where applicable, the declaration required by section 231 of the 1986 Act; iii a statement that the creditors may nominate a different person as liquidator in accordance with paragraph 83(7)(a) of Schedule B1 to the 1986 Act and rule 89(4); f any other information that the T&S administrator thinks necessary. 4 The period within which, subject to paragraph 54(3) of Schedule B1 to the 1986 Act, the administrator must send a copy of the statement to every member of the company of whose address the administrator is aware is five business days after sending the statement of the proposed revision to the creditors. 5 A notice under paragraph 54(4) of Schedule B1 to the 1986 Act must— a be advertised in such manner as the T&S administrator thinks fit as soon as reasonably practicable after the T&S administrator has sent the statement to the creditors; b state— i that members may request in writing a copy of the statement of revised proposals; ii the address to which to write. Reports 26 1 The T&S administrator must prepare a report (the “progress report”). 2 The progress report must— a be headed “T&S administrator’s progress report”; b include immediately below the heading— i the full name, registered address, registered number and any other trading names of the T&S company; ii details of the court where the proceedings are and the court reference number. 3 The progress report must include the following— a full details of the T&S administrator’s name and address, IP number, date of appointment and any changes in T&S administrator; b the name and address of the applicant for the T&S administration; c in the case of joint T&S administrators, details of the matters set out in section 158(5) of the 2004 Act; d details of progress during the period of the report, including a receipts and payments account (see paragraph (4)); e details of any assets that remain to be realised; f any other relevant information for the creditors. 4 A receipts and payments account must— a state what assets of the T&S company have been realised, for what value, and what payments have been made to creditors or others; b be in the form of an abstract showing receipts and payments during the period of the report; c where the T&S administrator has ceased to act, include a statement as to the amount paid to unsecured creditors by virtue of the application of section 176A of the 1986 Act (prescribed part). 5 A progress report must cover the periods of— a six months starting on the date on which the T&S company entered T&S administration, and b each subsequent period of six months. 6 The periods for which progress reports are required under paragraph (5) are unaffected by any change in the T&S administrator. 7 The T&S administrator must send a copy of the progress report within one month of the end of the period covered by the report, to the following (subject to paragraph (8))— a the registrar of companies; b the Secretary of State; c the Gas and Electricity Markets Authority; d the creditors; e the court. 8 The requirement in paragraph (7) does not apply when the report is a final progress report within the meaning of Part 9. 9 The court may, on the T&S administrator’s application— a extend the period of one month mentioned in paragraph (7) by such period as it thinks fit, and b whether or not the court extends the period, make such other order in respect of the content of the report as it thinks fit, or 10 It is an offence for the T&S administrator to fail to comply with this rule. PART 4 Creditors’ decisions and company meetings CHAPTER 1 Creditors’ decisions Application 27 This Chapter applies where the T&S administrator seeks a decision from creditors under paragraph 62 of Schedule B1 to the 1986 Act . Creditors’ decisions 28 The T&S administrator may, and in the circumstances set out in rule 29 must, seek a decision from the T&S company’s creditors under paragraph 62 of Schedule B1 to the 1986 Act. Creditors’ decisions for the nomination of an alternative liquidator 29 1 This rule applies where the T&S administrator has proposed that the T&S administration will end by the T&S company entering creditors’ voluntary liquidation, in accordance with rule 21(8) or 25(3)(e). 2 The T&S administrator must, in the circumstances set out in paragraph (3), seek a decision from the T&S company’s creditors for the purpose of nominating a person other than the person named as the proposed liquidator in the T&S administrator’s proposals or revised proposals. 3 The circumstances are where such a decision is requested by creditors of the T&S company whose debts amount to at least 10 per cent of the total debts of the company. 4 The request for a decision from the T&S company’s creditors for the purpose set out in paragraph (2) must be made— a in the case of proposals under rule 21(8), within eight business days of the date on which the proposals are delivered, or b in the case of revised proposals under rule 25(3)(e), within eight business days of the date on which the revised proposals are delivered. 5 A request under this rule must include— a a list of creditors concurring with the request, showing the amounts of their respective debts in the T&S administration; b from each creditor concurring, written confirmation of that creditor’s concurrence. 6 But paragraph (5)(a) does not apply if the requesting creditor’s debt is alone sufficient without the concurrence of other creditors. 7 Where a decision has been requested under this rule, rule 15.19 of the Insolvency Rules applies, as modified by rule 30, in relation to the expenses of the decision. 8 A decision requested under this rule must be reached within 21 days of the receipt by the T&S administrator of the request for the decision. Decision making 30 1 Where the T&S administrator seeks a decision from the creditors on any issue, Chapters 2, 3, 6, 7, 8, 9 and 11 of Part 15 and Part 16 of the Insolvency Rules apply, as they apply to administration— a with the modifications set out in paragraph (2), and b subject to paragraph (3). 2 The modifications are— a for “administration”, in each place, substitute “T&S administration” ; b for “administrator”, in each place, substitute “T&S administrator” ; c for “company”, in each place, substitute “T&S company” ; d for “convener”, in each place, substitute “T&S administrator” ; e in rule 15.8, the reference to rule 14.31(1) is a reference to rule 70 of these Rules; f the following is substituted for rule 15.21— 15.21 1 The chair of the meeting must be either the T&S administrator or a person nominated by the T&S administrator in writing to be chair. 2 A person may only be nominated under paragraph (1) if the person— a is qualified to act as an insolvency practitioner (within the meaning of Part 13 of the Act) in relation to the T&S company, or b is an employee of the T&S administrator or the T&S administrator’s firm who is experienced in insolvency matters. ; g in rule 15.31, the reference to rule 14.24 is a reference to rule 55 of these Rules; h in rule 16.6 the reference to rule 1.58 is a reference to rule 177 of these Rules. 3 In the application of Part 15 of the Insolvency Rules to a decision sought by the T&S administrator in a T&S administration, rules 15.16, 15.24, 15.28(6) and 15.29 do not apply. CHAPTER 2 Company Meetings Application 31 This Chapter applies where the T&S administrator calls a meeting of members under paragraph 62 of Schedule B1 to the 1986 Act. Venue and conduct of company meeting 32 1 The T&S administrator must fix a venue for it having regard to the convenience of the members. 2 The chair of the meeting must be either the T&S administrator or a person nominated by the T&S administrator in writing to be chair. 3 A person may only be nominated under paragraph (2) if the person— a is qualified to act as an insolvency practitioner in relation to the T&S company, or b is an employee of the T&S administrator or the T&S administrator’s firm who is experienced in insolvency matters. 4 If within 30 minutes from the time fixed for commencement of the meeting there is no person present to act as chair, the meeting stands adjourned to the same day, time and place in the following week or, if that day is not a business day, to the business day immediately following. 5 Subject to anything to the contrary in the 1986 Act and these Rules, the meeting must be summoned and conducted— a in accordance with the law of England and Wales, including any applicable provision in or made under the Companies Act 2006 , in the case of a T&S company incorporated— i in England and Wales, or ii outside the United Kingdom other than in an EEA state; b in accordance with the law of the state applicable to meetings of the T&S company, in the case of a T&S company incorporated in an EEA state. 6 The chair of the meeting must ensure that minutes of its proceedings are entered in the T&S company’s minute book. Proxies and representatives 33 Part 16 of the Insolvency Rules applies in respect of the meeting of members as it applies to administration, with the following modifications— a for “administration”, in each place, substitute “T&S administration” ; b for “company”, in each place, substitute “T&S company” ; c in rule 16.6 the reference to rule 1.58 is a reference to rule 177 of these Rules. Remote attendance at meetings: request to specify a place 34 1 This rule applies in relation to a request to the convener of a meeting under section 246A(9) of the 1986 Act to specify a place for the meeting. 2 The request must be accompanied by— a a list of the members making or concurring with the request and their voting rights; b from each person concurring, written confirmation of that person’s concurrence. 3 The request must be delivered to the convener within seven business days of the date on which the convener delivered the notice of the meeting in question. 4 Where the convener considers that the request has been properly made in accordance with the 1986 Act and this rule, the convener must— a deliver notice to all those previously given notice of the meeting— i that the meeting is to be held at a specified place; ii as to whether the date and time are to remain the same or not; b set a venue, including specification of a place, for the meeting, the date of which must be no later than 28 days after the original date for the meeting; c deliver at least 14 days’ notice of that venue to all those previously given notice of the meeting. 5 The notices required by sub-paragraphs (a) and (c) of paragraph (4) may be delivered at the same or different times. 6 Where the convener has specified a place for the meeting in response to a request to which this rule applies, the chair of the meeting must attend the meeting by being present in person at that place. Action where person excluded 35 1 In this rule, an “ excluded person ” means a person who has taken all steps necessary to attend a meeting under the arrangements which— a have been put in place by the convener of the meeting under section 246A(6) of the 1986 Act, but b do not enable that person to attend the whole or part of that meeting. 2 Where the chair becomes aware during the course of a meeting that there is an excluded person, the chair may— a continue the meeting; b declare the meeting void and convene the meeting again; c declare the meeting valid up to the point where the person was excluded and adjourn the meeting. 3 Where the chair continues the meeting, the meeting is valid unless— a the chair decides in consequence of a complaint under rule 37 to declare the meeting void and hold the meeting again, or b the court directs otherwise. 4 Without prejudice to paragraph (2), where the chair becomes aware during the course of the meeting that there is an excluded person, the chair may, in the chair’s discretion and without an adjournment, declare the meeting suspended for any period up to one hour. Indication to excluded person 36 1 A person who claims to be an excluded person may request an indication of what occurred during the period of that person’s claimed exclusion (an “indication”). 2 A request under paragraph (1) must be made as soon as reasonably practicable and, in any event, no later than 4.00 p.m. on the business day following the day on which the exclusion is claimed to have occurred. 3 A request under paragraph (1) must be made— a to the chair, where it is made during the course of the business of the meeting; b to the T&S administrator, where it is made after the conclusion of the business of the meeting. 4 Where satisfied that the person making the request is an excluded person, the person to whom the request is made under paragraph (3) must give the indication as soon as reasonably practicable and, in any event, no later than 4.00 p.m. on the business day following the day on which the request was made under paragraph (1). 5 In this rule, “ excluded person ” has the meaning given in rule 35(1). Complaint by or in relation to excluded persons, etc. 37 1 Any person may make a complaint who— a is, or claims to be, an excluded person, or b attends the meeting, whether in person or by proxy (by virtue of rule 33), and claims to have been adversely affected by the actual, apparent or claimed exclusion of another person. 2 The person to whom the complaint must be made (“the appropriate person”) is— a the chair, where it is made during the course of the meeting; b the T&S administrator, where it is made after the meeting. 3 A complaint must be made as soon as reasonably practicable and, in any event, no later than 4.00 p.m. on the business day following— a the day on which the person was, appeared or claimed to be excluded, or b where an indication is sought under rule 36, the day on which the complainant received the indication. 4 The appropriate person must, as soon as reasonably practicable following receipt of the complaint— a consider whether there is an excluded person, b where satisfied that there is an excluded person, consider the complaint, and c where satisfied that there has been prejudice, take such action as the appropriate person considers fit to remedy the prejudice. 5 Paragraph (6) applies where— a the appropriate person is satisfied that the complainant is an excluded person, b during the period of the person’s exclusion a resolution was put to the meeting and voted on, and c the excluded person asserts how the excluded person intended to vote on the resolution. 6 Subject to paragraph (7), where satisfied that the effect of the intended vote in paragraph (5), if cast, would have changed the result of the resolution, the appropriate person must— a count the intended vote as being cast in accordance with the complainant’s stated intention, b amend the record of the result of the resolution, and c where notice of the result of the resolution has been delivered to those entitled to attend the meeting, deliver notice to them of the change. 7 Where satisfied that more than one complainant is an excluded person, the appropriate person must have regard to the combined effect of the intended votes. 8 The appropriate person must deliver notice to the complainant of any decision as soon as reasonably practicable. 9 A complainant who is not satisfied by the action of the appropriate person may apply to the court for directions and any application must be made no more than two business days from the date of receiving the decision of the appropriate person. 10 In this rule, “ excluded person ” has the meaning given in rule 35(1). Notice of meetings by advertisement only 38 1 The court may order that notice of any meeting be given by advertisement and not by individual notice to the persons concerned. 2 In considering whether to make such an order, the court must have regard to the cost of advertisement, the amount of assets available and the extent of the interest of members or any particular class of members. Non-receipt of notice of meeting 39 Where a meeting is summoned by notice, the meeting is presumed to have been duly summoned and held, even if not all those to whom the notice is to be delivered receive it. PART 5 Disposal of charged property Authority to dispose of property 40 1 This rule applies where the T&S administrator applies to the court under paragraph 71 or 72 of Schedule B1 to the 1986 Act for authority to dispose of— a property of the T&S company which is subject to a security other than a floating charge; b goods in the possession of the T&S company under a hire-purchase agreement. 2 The court must fix a venue for the hearing of the application, and the T&S administrator must as soon as reasonably practicable deliver notice of the venue to the holder of the security or, as the case may be, the owner of the goods. 3 If an order is made under paragraph 71 or 72 of Schedule B1 to the 1986 Act the court must deliver two sealed copies to the T&S administrator, or in the case of joint T&S administrators, two sealed copies to one and a copy of the sealed order to others. 4 The T&S administrator must deliver— a one of the sealed copies to the holder of the security or the owner of the goods; b a copy of the sealed order to the registrar of companies. PART 6 Expenses of the T&S administration Expenses 41 1 All fees, costs, charges and other expenses incurred in the course of the T&S administration are to be regarded as expenses of the T&S administration. 2 The expenses associated with the prescribed part must be paid out of the prescribed part. 3 The cost of the security required by section 390(3) of the 1986 Act for the proper performance of the T&S administrator’s functions is an expense of the T&S administration. Priority of expenses of T&S administration 42 1 The expenses of the T&S administration are payable in the following order of priority— a expenses properly incurred by the T&S administrator in performing the T&S administrator’s functions in the T&S administration, except for those expenses referred to in sub-paragraph (g); b the cost of any security provided by the T&S administrator in accordance with the 1986 Act or these Rules; c the costs of the applicant for the T&S administration order and any person appearing on the hearing of the application whose costs were allowed by the court; d any amount payable to a person in respect of assistance in the preparation of a statement of affairs or statement of concurrence; e any allowance made, by the order of the court, towards costs on an application for release from the obligation to submit a statement of affairs or statement of concurrence; f any necessary disbursements by the T&S administrator in the course of the T&S administration (but not including any payment of corporation tax in circumstances referred to in sub-paragraph (i)); g the remuneration of any person who has been employed by the T&S administrator to perform any services for the T&S company, as required or authorised under the 1986 Act, the 2004 Act, the 2022 Act or these Rules; h the remuneration of the T&S administrator fixed by the court under Part 8 and unpaid pre-T&S administration costs approved under rule 43; i the amount of any corporation tax on chargeable gains accruing on the realisation of any asset of the T&S company, irrespective of the person by whom the realisation is effected. 2 The priorities laid down by paragraph (1) are subject to paragraph (3) and subject to the power of the court to make orders under paragraph (5) where the assets are insufficient to satisfy the liabilities. 3 Where there is a former T&S administrator, the items in paragraph 99 of Schedule B1 to the 1986 Act are payable in priority to the expenses in this rule. 4 For the purposes of paragraph 99(3) of Schedule B1 to the 1986 Act, the former T&S administrator’s remuneration and expenses shall comprise all those items set out in paragraph (1)(a) to (i) of this rule. 5 The court may, in the event of the assets being insufficient to satisfy the liabilities, make an order as to the payment out of the assets of the expenses incurred in the T&S administration in such order of priority as the court thinks just. Pre-T&S administration costs 43 1 Paragraph (2) applies where the T&S administrator has made a statement of pre-T&S administration costs under rule 21(2)(k) (matters to be included in statement of proposals). 2 The relevant office holder must, before pre-T&S administration costs are paid, apply to the court for a determination of whether and to what extent such costs are approved for payment. 3 In paragraph (2) the “ relevant office holder ” means— a the T&S administrator, where the costs consist of fees charged or expenses incurred by the T&S administrator; b another insolvency practitioner, where the costs consist of fees charged or expenses incurred by that practitioner. PART 7 Claims by and Distributions to Creditors CHAPTER 1 Machinery of Proving a Debt Proving a debt 44 1 A person claiming to be a creditor of the T&S company and wishing to recover the debt in whole or part must submit a claim in writing to the T&S administrator, unless paragraph (6) applies or an order of the court provides otherwise. 2 A creditor who claims for a debt is referred to as “ proving ” for that debt and a document by which a creditor seeks to establish a claim is the creditor’s “proof”. 3 A proof must— a be made out and dated by, or under the direction of, the creditor and be authenticated by the creditor or a person authorised on the creditor’s behalf; b state the following matters— i the creditor’s name and address; ii if the creditor is a company, its registered number; iii the total amount of the creditor’s claim (including any value added tax) as at the date on which the T&S company entered T&S administration, less any payments made after that date in respect of the claim, any deduction under rule 54 and any adjustment by way of set off in accordance with rule 55; iv whether or not the claim includes outstanding uncapitalised interest; v particulars of how and when the debt was incurred by the T&S company; vi particulars of any security held, the date on which it was given and the value which the creditor puts on it; vii details of any reservation of title in respect of goods to which the debt refers; viii the name, address and authority of the person authenticating the proof (if a person other than the creditor). 4 The proof must specify details of any document by reference to which the debt can be substantiated, but the document need not be delivered with the proof unless the T&S administrator has requested it. 5 The T&S administrator may call for the creditor to produce any document or other evidence which the T&S administrator considers is necessary to substantiate the whole or any part of a claim. 6 A creditor is deemed to have proved for the purposes of determination and payment of a dividend but not otherwise where— a the debt is a small debt, b a notice has been delivered to the creditor under rule 69 which complies with rule 70, and c the creditor has not advised the T&S administrator that the debt is incorrect or not owed. 7 For the purposes of this Part, “ small debt ” means a debt, being the total amount owed to a creditor, which does not exceed £1,000 (which amount is prescribed for the purposes of paragraph 13A of Schedule 8 to the 1986 Act ). Provable debts 45 1 In T&S administration proceedings all claims by creditors are provable as debts against the T&S company, whether they are present or future, certain or contingent, ascertained or sounding only in damages, subject to the following. 2 Any obligation arising under a confiscation order made under Part 2, 3 or 4 of the Proceeds of Crime Act 2002 is not provable. 3 The following are not provable except at a time when all other claims of creditors in the T&S administration proceedings (other than any of a kind mentioned in this paragraph) have been paid in full, with interest under rule 58— a any claim arising by virtue of section 382(1)(a) of the Financial Services and Markets Act 2000 , not being a claim also arising by virtue of section 382(1)(b) of that Act; b any claim which by virtue of the 1986 Act or any other enactment is a claim the payment of which is to be postponed. 4 Nothing in this rule prejudices any enactment or rule of law under which a particular kind of debt is not provable, whether on grounds of public policy or otherwise. Costs of proving 46 Unless the court otherwise orders— a every creditor bears the cost of proving the creditor’s own debt, including costs incurred in providing documents or evidence under rule 44(5), and b costs incurred by the T&S administrator in estimating the value of a debt under rule 53 are payable out of the assets as an expense of the T&S administration. T&S administrator to allow inspection of proofs 47 The T&S administrator must, so long as proofs delivered to the T&S administrator are in the possession of the T&S administrator, allow them to be inspected, at all reasonable times on any business day, by any of the following persons— a any creditor who has delivered a proof, unless the creditor’s proof has been— i wholly rejected for purposes of dividend or otherwise, or ii withdrawn; b any contributory of the T&S company; c any person acting on behalf of either of the above. Appointment of new T&S administrator: proofs 48 1 If a new T&S administrator is appointed in place of another, the former T&S administrator must as soon as reasonably practicable deliver to the new T&S administrator all proofs which the former T&S administrator has received, together with a list of them. 2 As soon as reasonably practicable following receipt of the list and all of the proofs listed by it, the list must be authenticated by the new T&S administrator and returned to the former T&S administrator. Admission and rejection of proofs for dividend 49 1 The T&S administrator may admit or reject a proof for dividend, in whole or in part. 2 If the T&S administrator rejects a proof in whole or in part, the T&S administrator must deliver to the creditor a statement of the T&S administrator’s reasons for doing so, as soon as reasonably practicable. Appeal against decision on proof 50 1 If a creditor is dissatisfied with the T&S administrator’s decision with respect to the creditor’s proof (including any decision on whether the debt is preferential), the creditor may apply to the court for the decision to be reversed or varied. 2 A member or any other creditor may, if dissatisfied with the T&S administrator’s decision admitting or rejecting the whole or any part of a proof, apply to court for the decision to be reversed or varied. 3 An application to court— a under paragraph (1) must be made within the period of 21 days of the creditor receiving the statement delivered under rule 49(2); b under paragraph (2) must be made within the period of 21 days of the member or other creditor (as the case may be) becoming aware of the T&S administrator’s decision. 4 Where an application is made to the court under this rule, the court must fix a venue for the application to be heard. 5 The applicant must send notice of the venue fixed under paragraph (4) to— a the T&S administrator; b if the applicant is not the creditor who delivered the proof in question, that creditor. 6 The T&S administrator must, on receipt of the notice, file the relevant proof with the court, together (if appropriate) with a copy of the statement sent under rule 49(2). 7 Where the application is made by a member, the court must not disallow the proof (in whole or in part) unless the member shows that there is (or would be but for the amount claimed in the proof), or that it is likely that there will be (or would be but for the amount claimed in the proof), a surplus of assets to which the T&S company would be entitled. 8 After the application has been heard and determined, the proof must, unless it has been wholly disallowed, be returned by the court to the T&S administrator. 9 The T&S administrator is not personally liable for costs incurred by any person in respect of an application under this rule unless the court otherwise orders. Withdrawal or variation of proof 51 1 A creditor may withdraw a proof at any time by delivering a written notice to the T&S administrator. 2 The amount claimed by a creditor’s proof may be varied at any time by agreement between the creditor and the T&S administrator. Exclusion of proof by the court 52 1 The court may exclude a proof or reduce the amount claimed— a on the T&S administrator’s application, where the T&S administrator thinks that the proof has been improperly admitted, or ought to be reduced; b on the application of a creditor or member, if the T&S administrator declines to interfere in the matter. 2 Where application is made to the court under this rule, the court must fix a venue for the application to be heard, notice of which must be sent by the applicant— a in the case of an application by the T&S administrator, to the creditor who submitted the proof; b in the case of an application by a creditor or member, to the T&S administrator and to the creditor who submitted the proof (if that creditor is not the applicant). CHAPTER 2 Quantification of Claims Estimate of value of debt 53 1 The T&S administrator must estimate the value of any debt which, by reason of its being subject to any contingency or for any other reason, does not have a certain value. 2 The T&S administrator may revise any estimate previously made under paragraph (1), if the T&S administrator thinks fit by reference to any change of circumstances or to information becoming available. 3 The T&S administrator must inform the creditor as to the estimate under paragraph (1) and any revision of it under paragraph (2). 4 Where the value of a debt is estimated under this rule, the amount provable in the T&S administration in the case of that debt is that of the estimate for the time being. Discounts 54 All trade and other discounts which would have been available to the T&S company but for the T&S administration must be deducted from the claim, except a discount for immediate, early or cash settlement. Mutual credits etc. and set off 55 1 This rule applies where the T&S administrator has delivered a notice under rule 69 (notice of a proposed distribution). 2 In this rule, “ mutual dealings ” means mutual credits, mutual debts or other mutual dealings between the T&S company and a creditor proving or claiming to prove for a debt in the T&S administration but does not include any of the following— a any debt arising out of an obligation incurred after the T&S company entered T&S administration; b any debt arising out of an obligation incurred at a time when the creditor had notice that— i an application under section 161 of the 2004 Act (permission to pass resolution for voluntary winding up) was pending, ii a petition for the winding up of the T&S company was pending, iii an application for an administration order under the 1986 Act was pending, iv an application for an T&S administration order was pending, or v any person had given notice of intention to appoint an administrator under the 1986 Act; c any debt which has been acquired by a creditor by assignment or otherwise, pursuant to an agreement between the creditor and any other party where that agreement was entered into— i at a time when the creditor had notice that an application under section 161 of the 2004 Act was pending, ii at a time when the creditor had notice that a petition for the winding up of the T&S company was pending, iii at a time when the creditor had notice that an application for an administration order under the 1986 Act was pending, iv at a time when the creditor had notice that an application for an T&S administration order was pending, v at a time when the creditor had notice that any person had given notice of intention to appoint an administrator under the 1986 Act, or vi after the T&S company entered T&S administration. 3 An account must be taken as at the date of the notice referred to in paragraph (1) of what is due from each party to the other in respect of the mutual dealings and the sums due from one party must be set off against the sums due from the other. 4 A sum must be treated as being due to or from the T&S company for the purposes of paragraph (3) whether— a it is payable at present or in the future, b the obligation by virtue of which it is payable is certain or contingent, or c its amount is fixed or liquidated, or is capable of being ascertained by fixed rules or as a matter of opinion. 5 Rule 53 applies for the purposes of this rule to any obligation to or from the T&S company which, by virtue of its being subject to any contingency or for any other reason, does not bear a certain value. 6 Rules 56 to 58 apply for the purposes of this rule in relation to any sums due to the T&S company which— a are payable in a currency other than sterling, b are of a periodical nature, or c bear interest. 7 Rule 82 applies for the purposes of this rule to any sum due to or from the T&S company which is payable in the future. 8 Only the balance (if any) of the account owed to the creditor is provable in the T&S administration. 9 Alternatively the balance (if any) owed to the T&S company must be paid to the T&S administrator as part of the assets except where all or part of the balance results from a contingent or prospective debt owed by the creditor and in such a case the balance, or that part of it which results from the contingent or prospective debt, must be paid if and when the debt becomes due and payable. 10 In this rule, “ obligation ” means an obligation however arising, whether by virtue of an agreement, rule of law or otherwise. Debt in foreign currency 56 1 A proof for a debt incurred or payable in a currency other than sterling must state the amount of the debt in that currency. 2 The T&S administrator must convert all such debts into sterling at a single rate for each currency determined by the T&S administrator by reference to the exchange rates prevailing on the date on which the T&S company entered T&S administration. 3 On the next occasion when the T&S administrator communicates with the creditors the T&S administrator must advise them of any rate so determined. 4 A creditor who considers that the rate determined by the T&S administrator is unreasonable may apply to the court. 5 If, on hearing the application, the court finds that the rate is unreasonable it may itself determine the rate. Payments of a periodical nature 57 1 In the case of rent and other payments of a periodical nature, the creditor may prove for any amounts due and unpaid up to the date on which the T&S company entered T&S administration. 2 Where at that date any payment was accruing due, the creditor may prove for so much as would have been due at that date, if accruing from day to day. Interest 58 1 Where a debt proved in the T&S administration bears interest, that interest is provable as part of the debt except in so far as it is payable in respect of any period after the relevant date. 2 In the circumstances set out in this rule, the creditor’s claim may include interest on the debt for periods before the relevant date although not previously reserved or agreed. 3 If the debt is due by virtue of a written instrument, and payable at a certain time, interest may be claimed for the period from that time to the relevant date. 4 If the debt is due otherwise, interest may only be claimed if, before the relevant date, demand for payment of the debt was made in writing by or on behalf of the creditor, and notice was given that interest would be payable from the date of the demand to the date of payment. 5 Interest under paragraph (4) may only be claimed for the period from the date of the demand to the relevant date and, for the purposes of the 1986 Act and these Rules, must be charged at a rate not exceeding that mentioned in paragraph (6). 6 The rate of interest to be claimed under paragraphs (3) and (4) is the rate specified in section 17 of the Judgments Act 1838 on the relevant date. 7 Any surplus remaining after payment of the debts proved must, before being applied for any other purpose, be applied in paying interest on those debts in respect of the periods during which they have been outstanding since the relevant date. 8 All interest payable under paragraph (7) ranks equally whether or not the debts on which it is payable rank equally. 9 The rate of interest payable under paragraph (7) is whichever is the greater of the rate specified under paragraph (6) and the rate applicable to the debt apart from the T&S administration. 10 In this rule, “ relevant date ” means the date on which the T&S company entered T&S administration. Debt payable at future time 59 A creditor may prove for a debt of which payment was not yet due on the date when the T&S company entered T&S administration, subject to rule 82 (adjustment of dividend where payment made before time). Voluntary surrender of security 60 A creditor who voluntarily surrenders a security may prove for the whole of the creditor’s debt as if it were unsecured. Value of security 61 1 A secured creditor may, with the agreement of the T&S administrator or the permission of the court, at any time alter the value which the secured creditor’s proof puts upon the secured creditor’s security. 2 Where the secured creditor has voted in respect of the unsecured balance of the secured creditor’s debt and where revaluation is with the agreement of the T&S administrator, the T&S administrator must deliver a notice of the revaluation to the creditors within five business days after the office-holder’s agreement. Surrender for non-disclosure 62 1 If a secured creditor fails to disclose a security in the secured creditor’s proof, the secured creditor must surrender that security for the general benefit of creditors, unless the court, on application by the secured creditor, relieves the secured creditor from the effect of this rule on the grounds that the omission was inadvertent or the result of honest mistake. 2 If the court grants that relief, it may require or allow the creditor’s proof to be amended, on such terms as may be just. Redemption by T&S administrator 63 1 The T&S administrator may at any time deliver a notice to a creditor whose debt is secured that the T&S administrator proposes, at the expiration of 28 days from the date of the notice, to redeem the security at the value put upon it in the creditor’s proof. 2 The creditor may, within 21 days of the date of delivery of the notice (or such longer period as the T&S administrator may allow), alter the value of the creditor’s security in accordance with rule 61. 3 If the creditor alters the value of the security in accordance with rule 61, the T&S administrator may only redeem at the new value. 4 If the T&S administrator redeems the security, the cost of transferring it is payable as an expense out of the T&S company’s assets. 5 A secured creditor may at any time deliver a notice to the T&S administrator requiring the T&S administrator to elect whether or not to redeem the security at the value then placed on it. 6 The T&S administrator has three months from the date of delivery of a notice under paragraph (5) in which to redeem the security or elect not to redeem the security. Test of security’s value 64 1 Paragraph (2) applies if the T&S administrator is dissatisfied with the value which a secured creditor puts on the creditor’s security, whether in the creditor’s proof or by way of revaluation under rule 61. 2 The T&S administrator may require any property comprised in the security to be offered for sale. 3 The terms of the sale must be such as may be agreed between the T&S administrator and the secured creditor, or as the court may direct. 4 If the sale is by auction, the T&S administrator on behalf of the T&S company, and the creditor on the creditor’s own behalf, may appear and bid. 5 This rule does not apply if the value of the security has been altered with the court’s permission. Realisation of security by creditor 65 If a creditor who has valued the creditor’s security subsequently realises it, whether or not at the instance of the T&S administrator— a the net amount realised must be treated in all respects, including in relation to any valuation in a proof, as an amended valuation made by the creditor, and b the creditor may prove for the balance of the creditor’s debt. CHAPTER 3 Distributions Distribution to creditors generally 66 1 This Chapter applies where the T&S administrator makes, or proposes to make, a distribution to any class of creditors other than secured creditors. 2 Where the distribution is to a particular class of creditors, a reference in this Chapter to creditors is, in so far as the context requires, a reference to that class of creditors only. Debts of insolvent T&S company to rank equally 67 Debts other than preferential debts rank equally between themselves in the T&S administration and, after the preferential debts, must be paid in full unless the assets are insufficient for meeting them, in which case they abate in equal proportions between themselves. Supplementary provisions as to dividend 68 1 In the calculation and distribution of a dividend the T&S administrator must make provision for each of the following— a any debts which appear to the T&S administrator to be due to persons who, by reason of the distance of their place of residence, may not have had sufficient time to tender and establish their proofs; b any debts which are the subject of claims which have not yet been determined; c disputed proofs and claims. 2 A creditor who has not proved the creditor’s debt before the declaration of any dividend is not entitled to disturb, by reason that the creditor has not participated in it, the distribution of that dividend or any other dividend declared before the creditor’s debt was proved, but— a when the creditor has proved that debt the creditor is entitled to be paid, out of any money for the time being available for the payment of any further dividend, any dividend which the creditor has failed to receive; b any dividend payable under sub-paragraph (a) must be paid before the money is applied to the payment of any such further dividend. 3 No action lies against the T&S administrator for a dividend, but if the T&S administrator refuses to pay a dividend the court may, if it thinks just, order the T&S administrator to pay it and also to pay, out of the T&S administrator’s own money— a interest on the dividend, at the rate for the time being specified in section 17 of the Judgments Act 1838, from the time when it was withheld, and b the costs of the proceedings in which the order to pay is made. Notice of proposed distribution 69 1 Where the T&S administrator proposes to make a distribution to creditors or declare a dividend, the T&S administrator must give notice of this. 2 The notice must— a be delivered to all creditors whose addresses are known to the T&S administrator; b state whether the proposed distribution or dividend is— i to preferential creditors, or ii preferential creditors and unsecured creditors; c state that it is the intention of the T&S administrator to make a distribution to creditors or declare a dividend (as the case may be) within the period of two months from the last date for proving; d specify whether the proposed distribution or dividend is interim or final; e specify the last date by which proofs may be delivered, which must be— i the same date for all creditors, and ii not less than 21 days from the date of the notice; f specify the place to which proofs must be delivered; g include the additional information required by rule 70 where the T&S administrator intends to treat a small debt as proved for the purposes of paying a dividend; h where the T&S administrator proposes to declare a dividend to unsecured creditors, state the value of the prescribed part, unless there is no prescribed part or the court has made an order under section 176A(5) of the 1986 Act. 3 Subject to paragraph (4)(b), a copy of the notice— a must be gazetted; b may be advertised in such other manner as the T&S administrator thinks fit. 4 Where the proposed dividend is only to preferential creditors— a the notice need only be delivered to those creditors in whose cases the T&S administrator has reason to believe that their debts are preferential; b the notice need only be gazetted if the T&S administrator thinks fit. Further contents of notice to creditors owed small debts, etc. 70 1 The T&S administrator may treat a debt, which is a small debt according to the accounting records or the statement of affairs of the T&S company, as if it were proved for the purposes of paying a dividend. 2 Where the T&S administrator intends to treat such a debt as if it were proved, the notice delivered under rule 69 must also— a state the amount of the debt which the T&S administrator believes to be owed to the creditor according to the accounting records or statement of affairs of the T&S company; b state that the T&S administrator will treat the debt which is stated in the notice, being for £1,000 or less, as proved for the purposes of paying a dividend unless the creditor advises the T&S administrator that the amount of the debt is incorrect or that no debt is owed; c require the creditor to notify the T&S administrator by the last date for proving if the amount of the debt is incorrect or if no debt is owed; d inform the creditor that where the creditor advises the T&S administrator that the amount of the debt is incorrect the creditor must also submit a proof in order to receive a dividend. 3 The information required by paragraph (2)(a) may take the form of a list of small debts which the T&S administrator intends to treat as proved which includes the debt owed to the particular creditor to whom the notice is being delivered. Sole or final dividend 71 1 Where it is intended that the distribution is to be a sole or final dividend, the T&S administrator must, after the last date for proving set out in the notice under rule 69— a pay any sums payable in accordance with the provisions of paragraph 99 of Schedule B1 to the 1986 Act, b pay any sums (including any debts or liabilities and the T&S administrator’s own remuneration and expenses) which would, if the T&S administrator were to cease to be the T&S administrator of the T&S company, be payable out of the property of which the T&S administrator had custody or control in accordance with the provisions of paragraph 99 of Schedule B1 to the 1986 Act, and c declare and distribute that dividend without regard to the claim of any person in respect of a debt not already proved. 2 The reference in paragraph (1)(c) to debts that have not been proved does not include small debts treated as proved by the T&S administrator. 3 The court may, on the application of any person, postpone the date specified in the notice as the last date for proving. Admission or rejection of proofs following last date for proving 72 1 Unless the T&S administrator has already dealt with them, the T&S administrator must within 14 days of the last date for proving set out in the notice under rule 69— a admit or reject, in whole or in part, proofs delivered to the T&S administrator, or b make such provision in respect of them as the T&S administrator thinks fit. 2 The T&S administrator is not obliged to deal with a proof delivered after the last date for proving, but may do so, if the T&S administrator thinks fit. 3 In the declaration of a dividend a payment must not be made more than once in respect of the same debt. Postponement or cancellation of dividend 73 1 If paragraph (2) applies, the T&S administrator may postpone or cancel a dividend. 2 This paragraph applies if, in the two-month period referred to in rule 69(2)(c) an application is made to the court for the T&S administrator’s decision on a proof to be reversed or varied, or for a proof to be excluded, or for a reduction of the amount claimed. 3 Where the dividend is postponed or cancelled a new notice under rule 69 will be required if the dividend is paid subsequently. Declaration of dividend 74 1 The T&S administrator must proceed to declare the dividend of which the T&S administrator gave notice under rule 69 within the two-month period referred to in rule 69(2)(c), unless— a the dividend is postponed or cancelled in accordance with rule 73, or b paragraph (2) applies. 2 The T&S administrator must not declare a dividend so long as there is pending any application to the court to— a reverse or vary a decision of the T&S administrator on a proof, b exclude a proof, or c reduce the amount claimed. 3 The court may give permission for the T&S administrator to declare a dividend even where paragraph (2) applies. 4 Where the court gives permission under paragraph (3), the T&S administrator must make such provision in respect of the proof in question as the court directs. Notice of declaration of a dividend 75 1 Where the T&S administrator declares a dividend, the T&S administrator must deliver notice to all creditors who have proved their debts. 2 The notice must include the following relating to the T&S administration— a the amounts raised from the sale of assets, indicating, so far as is practicable, amounts raised by the sale of particular assets; b payments made by the T&S administrator when acting as such; c where the T&S administrator proposed to make a distribution to unsecured creditors, the value of the prescribed part, unless there is no prescribed part or the court has made an order under section 176A(5) of the 1986 Act; d provision (if any) made for unsettled claims, and funds (if any) retained for particular purposes; e the total amount to be distributed and the rate of dividend; f whether, and if so when, any further dividend is expected to be declared. Payments of dividends and related matters 76 1 The dividend may be distributed simultaneously with the notice declaring it. 2 Payment of the dividend may be made by post, or arrangements may be made with any creditor for it to be paid to the creditor in another way, or held for the creditor’s collection. Notice of no dividend, or no further dividend 77 1 If the T&S administrator delivers notice to creditors that the T&S administrator is unable to declare any dividend or any further dividend (as the case may be), the notice must contain a statement to the effect either— a that no funds have been realised, or b that the funds realised have already been distributed or used or allocated for paying the expenses of T&S administration. 2 The information required by paragraph (2) may be included in a progress report (see rule 26). Proof altered after payment of dividend 78 1 Paragraph (2) applies if, after payment of a dividend, the amount claimed by a creditor in the creditor’s proof is increased. 2 Where this paragraph applies, the creditor is not entitled to disturb the distribution of the dividend but is entitled to be paid, out of any money for the time being available for the payment of any further dividend, any dividend which the creditor has failed to receive. 3 Any dividend payable under paragraph (2) must be paid before the money there referred to is applied to the payment of any such further dividend. 4 If, after a creditor’s proof has been admitted, the proof is withdrawn or excluded, or the amount is reduced, the creditor is liable to repay to the T&S administrator, for the credit of the T&S administration, any amount overpaid by way of dividend. Secured creditors 79 1 Paragraphs (2) to (4) apply where a creditor alters the value of the creditor’s security at a time when a dividend has been declared. 2 If the alteration results in a reduction of the creditor’s unsecured claim ranking for dividend, the creditor must as soon as reasonably practicable repay to the T&S administrator, for the credit of the T&S administration, any amount received by the creditor as dividend in excess of that to which the creditor would be entitled having regard to the alteration of the value of the security. 3 If the alteration results in an increase of the creditor’s unsecured claim, the creditor is entitled to receive from the T&S administrator, out of any money for the time being available for the payment of a further dividend, before any such further dividend is paid, any dividend which the creditor has failed to receive, having regard to the alteration of the value of the security. 4 The creditor is not entitled to disturb any dividend declared, whether or not distributed, before the date of the alteration. Disqualification from dividend 80 If a creditor contravenes any provision of the 1986 Act or these Rules relating to the valuation of securities, the court may, on the application of the T&S administrator, order that the creditor be wholly or partly disqualified from participation in any dividend. Assignment of right to dividend 81 1 If a person entitled to a dividend (a “relevant person”) delivers notice to the T&S administrator that the relevant person wishes the dividend to be paid to another person, or that the relevant person has assigned the entitlement to another person, the T&S administrator must pay the dividend to that other person accordingly. 2 A notice under paragraph (1) must specify the name and address of the person to whom payment is to be made. Adjustment where dividend paid before time 82 1 Where a creditor has proved for a debt of which payment is not due at the date of the declaration of a dividend, the creditor is entitled to the dividend equally with other creditors, but subject as follows. 2 For the purpose of dividend (and no other purpose), the amount of the creditor’s admitted proof (or, if a distribution has previously been made to the creditor, the amount remaining outstanding in respect of the creditor’s admitted proof) is to be reduced by applying the following formula— Amount £ = C × 106 % ± D % - 6 % 3 where— “ x ” is the value of the admitted proof, and “ n ” is the period beginning with the date on which the T&S company entered T&S administration and ending with the date on which the payment of the creditor’s debt would otherwise be due expressed in years (part of a year being expressed as a decimal fraction of a year). Division of unsold assets 83 1 The T&S administrator may divide qualifying property in its existing form amongst the creditors of the T&S company— a according to its estimated value, and b with the permission of the creditors. 2 In paragraph (1), “qualifying property” is any property which from its peculiar nature or other special circumstances cannot be readily or advantageously sold. 3 The T&S administrator must— a in the receipts and payments account included in the progress report under rule 26, state the estimated value of the property divided amongst the creditors of the T&S company under paragraph (1) during the period to which the report relates, and b as a note to the account, provide details of the basis of the valuation. PART 8 The T&S administrator Fixing of remuneration 84 1 The T&S administrator is entitled to receive remuneration for services as T&S administrator. 2 The remuneration must be fixed by reference to the time properly given by the T&S administrator and the T&S administrator’s staff in attending to matters arising in the T&S administration. 3 The T&S administrator must make an application to court for the remuneration to be fixed by the court. 4 The T&S administrator must deliver at least 14 days’ notice of the T&S administrator’s application to the following, who may appear or be represented— a the Secretary of State; b the Gas and Electricity Markets Authority; c the creditors of the T&S company. 5 In fixing the remuneration, the court must have regard to the following matters— a the complexity (or otherwise) of the case; b any respects in which, in connection with the T&S company’s affairs, there falls on the T&S administrator any responsibility of an exceptional kind or degree; c the effectiveness with which the T&S administrator appears to be carrying out, or to have carried out, the T&S administrator’s duties as such; d the value and nature of the property with which the T&S administrator has to deal. 6 Where there are joint T&S administrators, it is for them to agree between themselves how the remuneration payable should be apportioned. 7 Any dispute arising between joint T&S administrators in connection with paragraph (6) may be referred to the court for settlement by order. 8 If the T&S administrator is a solicitor and employs the T&S administrator’s own firm, or any partner in it, to act on behalf of the T&S company, profit costs must not be paid unless this is authorised by the court. Remuneration of new T&S administrator 85 If a new T&S administrator is appointed in place of another, any court order in effect under rule 84 immediately before the former T&S administrator ceased to hold office continues to apply in respect of the remuneration of the new T&S administrator until a further court order is made in accordance with those provisions. PART 9 Ending T&S administration Interpretation: final progress reports, etc. 86 In this Part— “ final progress report ” means a progress report which includes a summary of— the T&S administrator’s proposals, any major amendments to, or deviations from, those proposals, the steps taken during the T&S administration, and the outcome; “ progress report ” means a report which complies with rule 26. Application to court 87 1 An application to court under paragraph 79 of Schedule B1 to the 1986 Act for an order ending a T&S administration must have attached to it— a a progress report for the period since— i the last progress report (if any), or ii if there has been no previous progress report, the date on which the T&S company entered T&S administration, and b a statement indicating what the applicant thinks should be the next steps for the T&S company (if applicable). 2 Where such an application is made, the applicant must— a at least five business days before the application is made, deliver notice of the applicant’s intention to apply to court to the following— i the person who made the application for the T&S administration order (unless the applicant in both cases is the same); ii the creditors of the T&S company; b attach to the application to court a statement that notice has been delivered to the creditors, and copies of any response from creditors to that notice. 3 Where such an application is made other than by the T&S administrator— a the applicant must also, at least five business days before the application is made, deliver notice to the T&S administrator of the applicant’s intention to apply to court; b upon receipt of such notice the T&S administrator must, before the end of the five business day notice period, provide the applicant with a progress report for the period since the last progress report (if any) or the date the T&S company entered T&S administration. 4 Where the application is made other than by the Secretary of State, the application— a may only be made with the consent of the Secretary of State, and b must state it is made with the consent of the Secretary of State. 5 Where the T&S administrator applies to court under paragraph 79 of Schedule B1 to the 1986 Act in conjunction with a petition under section 124 of the 1986 Act for an order to wind up the T&S company, the notice to creditors under paragraph (2)(a)(ii) must also state whether the T&S administrator intends to seek appointment as liquidator. Notification by T&S administrator of court order 88 1 Where the court makes an order to end the T&S administration, it must, where the applicant is not the T&S administrator, deliver a copy of the order to the T&S administrator. 2 The T&S administrator must as soon as reasonably practicable deliver a copy of the order and a copy of the final progress report to— a the registrar of companies, b the directors of the T&S company, and c the Secretary of State, the Gas and Electricity Markets Authority and all those persons to whom notice of the T&S administrator’s appointment was delivered. Moving from T&S administration to creditors’ voluntary liquidation 89 1 Where, for the purposes of paragraph 83(3) of Schedule B1 to the 1986 Act, the T&S administrator delivers to the registrar of companies a notice of moving from T&S administration to creditors’ voluntary liquidation, the notice must include the name and IP number of the proposed liquidator. 2 The notice to the registrar of companies must be accompanied by a copy of the T&S administrator’s final progress report, which must include details of the assets to be dealt with in the liquidation. 3 As soon as reasonably practicable after delivery of the notice to the registrar of companies, the T&S administrator must deliver— a a copy of the notice and final progress report to the Secretary of State, the Gas and Electricity Markets Authority and all those persons to whom notice of the T&S administrator’s appointment was delivered, and b a copy of the final progress report with any other copy of the notice that is sent as required by paragraph 83(5)(b) of Schedule B1 to the 1986 Act. 4 For the purposes of paragraph 83(7)(a) of Schedule B1 to the 1986 Act, a person is nominated as liquidator in accordance with rule 21(8) and (9) or 25(3)(e) and that person’s appointment takes effect following registration under paragraph (1) of this rule— a by virtue of the T&S administrator’s proposals or revised proposals, or b following a decision sought by the T&S administrator under rule 29. 5 The Gas and Electricity Markets Authority must notify the Secretary of State before consenting to the T&S administrator delivering a notice of moving from T&S administration to creditors’ voluntary liquidation to the registrar of companies. Moving from T&S administration to dissolution 90 1 Where, for the purposes of paragraph 84(1) of Schedule B1 to the 1986 Act , the T&S administrator delivers to the registrar of companies a notice of moving from T&S administration to dissolution, the T&S administrator must attach to that notice a final progress report. 2 As soon as reasonably practicable after delivering the notice to the registrar of companies, the T&S administrator must deliver— a a copy of the notice and final progress report to the Secretary of State, the Gas and Electricity Markets Authority and all those persons to whom notice of the T&S administrator’s appointment was delivered, and b a copy of the final progress report with any other copy of the notice that is sent as required by paragraph 84(5)(b) of Schedule B1 to the 1986 Act. 3 Where a court makes an order under paragraph 84(7) of Schedule B1 to the 1986 Act it must, where the applicant is not the T&S administrator, deliver a copy of the order to the T&S administrator. 4 The T&S administrator must deliver a copy of the order to the registrar of companies with the notice required by paragraph 84(8) of Schedule B1 to the 1986 Act. 5 The Gas and Electricity Markets Authority must notify the Secretary of State before directing the T&S administrator to deliver a notice of moving from T&S administration to dissolution to the registrar of companies. Provision of information to the Secretary of State 91 1 Paragraph (2) applies where the T&S administration ends pursuant to paragraph 79, 83 or 84 of Schedule B1 to the 1986 Act. 2 The T&S administrator must, at the same time as delivering the final progress report to the Secretary of State under rule 88(2), 89(3) or 90(2), provide the Secretary of State with the following information— a a breakdown of the relevant debts of the T&S company which remain outstanding, and b details of any shortfall in the property of the T&S company available for meeting the relevant debts. 3 In paragraph (2), “ relevant debts ” means an obligation to do any of the following— a to make payments in respect of the expenses or remuneration of any person as T&S administrator of the T&S company (“ the company ”); b to make payment in discharge of a debt or liability of the company arising out of a contract entered into at a time when the T&S administration order was in force by the person who at that time was the T&S administrator of the company; c to repay the whole or any part of a grant made to the company under section 165 of the 2004 Act as applied by section 33 of the 2022 Act; d to repay a loan made to the company under section 165 of the 2004 Act (as applied by section 33 of the 2022 Act), or to pay interest on such a loan; e to make a payment under section 166(4) of the 2004 Act (as applied by section 33 of the 2022 Act); f to make a payment under section 167(5) of the 2004 Act (as applied by section 33 of the 2022 Act). 4 In paragraph (2)(b)— a a “shortfall” arises if, in a case where the company is or has been subject to a T&S administration order, the property available (apart from conditions falling within section 35(1) and (5) of the 2022 Act) for meeting relevant debts is insufficient for meeting them, and b amounts are applied in making good that shortfall if they are paid in or towards discharging so much of a relevant debt as cannot be met out of the property otherwise available for meeting relevant debts. PART 10 Replacing the T&S administrator Grounds for resignation 92 1 The T&S administrator may resign— a on the grounds of ill health, b because the T&S administrator intends ceasing to be in practice as an insolvency practitioner, or c because there is some conflict of interest, or a change in personal circumstances, which prevents or makes impracticable the further discharge by the T&S administrator of the duties of T&S administrator. 2 The T&S administrator may, with the permission of the court, resign on grounds other than those specified in paragraph (1). Notice of intention to resign 93 1 The T&S administrator must give at least five business days’ notice of the T&S administrator’s intention— a to resign in a case falling within rule 92(1); b to apply for the court’s permission to resign in a case falling within rule 92(2). 2 The notice must be delivered— a to the Secretary of State; b to the Gas and Electricity Markets Authority; c if there is a continuing T&S administrator of the T&S company, to that continuing T&S administrator; d if there is no such T&S administrator, to the T&S company and its creditors, including any floating charge holders; e to the Health and Safety Executive; f to the Oil and Gas Authority; 3 The notice must— a be headed “Notice of intention to resign as T&S administrator”; b include immediately below the heading— i the full name, registered address, registered number and any other trading names of the T&S company; ii details of the court where the proceedings are and the court reference number. 4 The notice must also include— a the date of the appointment of the T&S administrator; b the name of the person who made the T&S administration application; c in a case falling within rule 92(1), the date with effect from which the T&S administrator intends to resign; d in a case falling within rule 92(2), the date on which the T&S administrator intends to file with the court an application for permission to resign. 5 The notice must be accompanied by a summary of the T&S administrator’s receipts and payments. Notice of resignation to court under the 1986 Act, Schedule B1, paragraph 87(2) 94 1 Notice of resignation under paragraph 87(2) of Schedule B1 to the 1986 Act must be given by filing the notice with the court. 2 Within five business days of filing the notice of resignation with the court, the T&S administrator must deliver a copy of the notice to— a the registrar of companies, and b all persons to whom notice of intention to resign was delivered under rule 93. 3 The notice of resignation must— a be headed “Notice of resignation by T&S administrator”; b include immediately below the heading— i the full name, registered address, registered number and any other trading names of the T&S company; ii details of the court where the proceedings are and the court reference number. 4 The notice must also state— a the date of the appointment of the T&S administrator; b the name of the person who made the T&S administration application; c the date from which the resignation is to have effect; d where the resignation is with the permission of the court, the date on which permission was given. Application to court to remove T&S administrator from office 95 1 An application for an order under paragraph 88 of Schedule B1 to the 1986 Act that the T&S administrator be removed from office must state the grounds on which the order is requested. 2 A copy of the application must be delivered, not less than five business days before the date fixed for the hearing— a to the T&S administrator; b to the Secretary of State; c to the Gas and Electricity Markets Authority; d to the joint T&S administrator (if any); e where there is not a joint T&S administrator, to the T&S company and its creditors, including any floating charge holders; f to the Health and Safety Executive; g to the Oil and Gas Authority. 3 Where the court makes an order removing the T&S administrator it must deliver a copy of the order to the applicant. 4 Following receipt of a copy of the order, the applicant must deliver a copy of the order— a as soon as reasonably practicable, to the T&S administrator, and b within five business days, to— i the registrar of companies, and ii all persons to whom a copy of the application was delivered under paragraph (2). Notice of vacation of office when T&S administrator ceases to be qualified to act 96 A T&S administrator who has ceased to be qualified to act as an insolvency practitioner in relation to the T&S company and gives notice in accordance with paragraph 89 of Schedule B1 to the 1986 Act must also deliver notice to— a the Secretary of State; b the Gas and Electricity Markets Authority; c the registrar of companies; d the Health and Safety Executive; e the Oil and Gas Authority. T&S administrator deceased 97 1 If the T&S administrator dies, a notice of the fact and date of death must be filed with the court. 2 The notice must be filed as soon as reasonably practicable by one of the following— a a surviving T&S administrator; b a member of the deceased T&S administrator’s firm, if the deceased was a member or employee of a firm; c an officer of the deceased T&S administrator’s company, if the deceased was an officer or employee of a company; d a personal representative of the deceased T&S administrator. 3 If such a notice has not been filed within the 21 days following the T&S administrator’s death then any other person may file the notice. 4 The person who files the notice must also deliver a notice to the registrar of companies which contains— a the date of the appointment of the T&S administrator; b the fact and date of death. 5 The person who files the notice must also deliver a copy of it to— a the Secretary of State; b the Gas and Electricity Markets Authority; c the Health and Safety Executive; d the Oil and Gas Authority. Application to replace 98 1 Where an application is made to court under paragraph 91(1) of Schedule B1 to the 1986 Act to appoint a replacement T&S administrator, the application must be accompanied by a statement in accordance with rule 6 by the person proposed to be the replacement T&S administrator. 2 In addition to those persons referred to in section 156(2) of the 2004 Act and rule 9(3), the applicant must deliver a copy of the application to the person who made the application for the T&S administration order. 3 Rule 159 applies to the service of an application under paragraph 91(1) of Schedule B1 to the 1986 Act as it applies to service of an application for an T&S administration order. 4 Rules 11 and 12 apply to an application under paragraph 91(1) of Schedule B1 to the 1986 Act as they apply to an application for an T&S administration order. Appointment of replacement or additional T&S administrator 99 Where a replacement T&S administrator is appointed or an additional T&S administrator is appointed as a joint T&S administrator— a rule 13 applies, b the replacement or additional T&S administrator must deliver notice of the appointment to the registrar of companies, and c all documents must clearly identify the appointment of a replacement T&S administrator or an additional T&S administrator appointed as a joint T&S administrator. T&S administrator’s duties on vacating office 100 1 A T&S administrator who ceases to be in office as such, in consequence of removal, resignation or ceasing to be qualified to act as an insolvency practitioner, must as soon as reasonably practicable deliver to the person succeeding as T&S administrator— a the assets, after deduction of any expenses properly incurred and distributions made by the departing T&S administrator, b the records of the T&S administration, including correspondence, proofs and other documents relating to the T&S administration while it was within the responsibility of the departing T&S administrator, and c the T&S company’s books, papers and other records. 2 It is an offence for the T&S administrator to fail to comply with paragraph (1). PART 11 Court Procedure and Practice CHAPTER 1 Applications Preliminary 101 This Chapter applies to any application made to the court in T&S administration proceedings, except an application for a T&S administration order. Contents of application 102 1 Each application must state— a that the application is made under the 1986 Act or these Rules (as applicable); b the section of the 1986 Act, or paragraph of a Schedule to the 1986 Act, or the number of the rule under which it is made (as the case may be); c the names of the parties; d the name of the T&S company which is the subject of the T&S administration proceedings; e the court (and where applicable, the division or district registry of that court) in which the application is made; f where the court has previously allocated a number to the T&S administration proceedings within which the application is made, that number; g the nature of the remedy or order applied for or the directions sought from the court; h the names and addresses of the persons on whom it is intended to serve the application or that no person is intended to be served; i where the 1986 Act or these Rules require that notice of the application is to be delivered to specified persons, the names and addresses of all those persons so far as known to the applicant; j the applicant’s address for service. 2 The application must be authenticated by the applicant if the applicant is acting in person or, when the applicant is not so acting, by or on behalf of the applicant’s solicitor. Application under section 176A(5) of the 1986 Act to disapply section 176A of the 1986 Act 103 1 An application under section 176A(5) of the 1986 Act must be accompanied by a witness statement by the T&S administrator. 2 The witness statement must— a state that the application arises in the course of a T&S administration; b contain a summary of the financial position of the T&S company; c contain the information substantiating the T&S administrator’s view that the cost of making a distribution to unsecured creditors would be disproportionate to the benefits. 3 An application under section 176A(5) of the 1986 Act may be made without the application being served upon or notification to any other party. Notice of order under section 176A(5) of the 1986 Act 104 1 Where the court makes an order under section 176A(5) of the 1986 Act, it must as soon as reasonably practicable deliver two sealed copies of the order to the T&S administrator. 2 Where the court has made an order under section 176A(5) of the 1986 Act, the T&S administrator must as soon as reasonably practicable deliver notice of the order to each creditor of whose address and claim the T&S administrator is aware. 3 The court may direct that the requirement in paragraph (2) is complied with if a notice is published by the T&S administrator which, in addition to containing the contents required by Chapter 4 of Part 13, states that the court has made an order disapplying the requirement to set aside the prescribed part. 4 As soon as reasonably practicable a notice under paragraph (3)— a must be gazetted; b may be advertised in such other manner as the T&S administrator thinks fit. 5 The T&S administrator must deliver a copy of the order to the registrar of companies as soon as reasonably practicable after the making of the order. Filing and service of application 105 1 An application filed with the court in hard copy form must be accompanied by one copy and a number of additional copies equal to the number of persons who are to be served with the application. 2 Where an application is filed with the court, the court must fix a venue for the application to be heard unless— a it considers it is not appropriate to do so, b the rule under which the application is brought provides otherwise, or c the case is one to which rule 106 applies. 3 The applicant must serve a sealed copy of the application, endorsed with the venue for the hearing, on the respondent named in the application unless the court directs, or these Rules provide, otherwise. 4 The court may also give one or more of the following directions— a that the application be served upon persons other than those specified by the relevant provision of the 1986 Act or these Rules; b that service upon any person may be dispensed with; c that such persons be notified of the application and venue in such other a way as the court specifies; d such other directions as the court sees fit. 5 A sealed copy of the application must be served at least 14 days before the date fixed for its hearing unless— a the provision of the 1986 Act or these Rules under which the application is made makes different provision, or b the case is one to which paragraph (6) applies (urgency). 6 Where the case is one of urgency, the court may (without limiting its general power to extend or abridge time limits)— a hear the application immediately, either with or without notice to, or the attendance of, other parties, or b authorise a shorter period of service than that provided for by paragraph (5); and any such application may be heard on terms providing for the filing or service of documents, or the carrying out of other formalities, as the court thinks just. Hearings without notice 106 Where the provisions of the 1986 Act or these Rules do not require service of the application on, or notice of it to be delivered to, any person, the court may— a hear the application as soon as reasonably practicable without fixing a venue, b fix a venue for the application to be heard, in which case rule 105 applies to the extent that it is relevant, or c determine the application without a hearing, but nothing in those provisions is to be taken as prohibiting the applicant from giving such notice if the applicant wishes to do so. Hearing of application 107 1 In the High Court, the jurisdiction of the court to hear and determine an application may be exercised by an Insolvency and Companies Court Judge or District Judge of the High Court, to whom any application must be made in the first instance, unless— a a direction to the contrary has been given, or b it is not within the Judge’s power to make the order required. 2 Where the application is made to an Insolvency and Companies Court Judge or District Judge of the High Court, that Judge may refer to a High Court Judge any matter which the Insolvency and Companies Court Judge or District Judge of the High Court thinks should properly be decided by a High Court Judge. 3 Following a reference under paragraph (2) the High Court Judge may either dispose of the matter or refer it back to the Insolvency and Companies Court Judge or District Judge of the High Court with such directions as the High Court Judge thinks just. 4 Nothing in this rule precludes an application being made directly to a High Court Judge in a proper case. Witness statements 108 1 Where evidence is required by the 1986 Act or these Rules as to any matter, such evidence may be given by witness statement unless— a in any specific case a rule or the 1986 Act makes different provision, or b the court otherwise directs. 2 Paragraph (1) is subject to rule 109 (use of reports). 3 Unless the provisions of the 1986 Act or these Rules under which the application is made provide otherwise, or the court otherwise directs— a if the applicant intends to rely at the first hearing on evidence in a witness statement, the applicant must file the witness statement with the court and serve a copy on the respondent, not less than 14 days before the date fixed for the hearing, and b where a respondent to an application intends to oppose it and rely for that purpose on evidence in a witness statement, the respondent must file the witness statement with the court and serve a copy on the applicant, not less than five business days before the date fixed for the hearing. 4 The court may, on the application of any party to the matter in question, order the attendance for cross-examination of the person making the witness statement. 5 Where, after such an order has been made, the person in question does not attend, that person’s witness statement must not be used in evidence without the permission of the court. Use of reports 109 1 A report may be filed in court by the T&S administrator instead of a witness statement, unless the application involves other parties or the court otherwise directs. 2 In any case where a report is filed instead of a witness statement, the report is to be treated for the purposes of rule 108 and any hearing before the court as if it were a witness statement. Directions and adjournment 110 1 The court may at any time give such directions as it thinks just as to the following— a service or notice of the application on or to any other person; b whether the application is to be served and generally the procedure on the application, including whether a hearing is necessary; c the matters, if any, to be dealt with in evidence; d the manner in which any evidence is to be provided and, in particular, as to the following— i the taking of evidence wholly or partly by witness statement or orally; ii any report to be made by the T&S administrator; iii the cross-examination of the maker of a witness statement or of a report. 2 The court may adjourn the hearing of an application on such terms as it thinks just. CHAPTER 2 Enforcement Procedures Enforcement of court orders 111 In T&S administration proceedings, orders of the court may be enforced in the same manner as a judgment to the same effect. Orders enforcing compliance 112 1 The court may, on an application by the T&S administrator, make such orders as it thinks necessary for the enforcement of obligations falling on any person in accordance with— a paragraph 47 of Schedule B1 to the 1986 Act (duty to submit statement of affairs), or b section 235 of the 1986 Act (duty to co-operate with T&S administrator). 2 An order of the court under this rule may provide that all costs of and incidental to the application for it are to be borne by the person against whom the order is made. Warrant under section 236 of the 1986 Act 113 1 For the purpose of the issue of a warrant under section 236 of the 1986 Act (inquiry into insolvent company’s dealings), the persons referred to in that section as the prescribed officer of the court are the tipstaff and the tipstaff’s assistants of the court. 2 In this rule, references to property include books, papers and other documents and records. 3 When a person is arrested under a warrant issued under section 236 of the 1986 Act (“the arrested person”), the arresting officer must as soon as reasonably practicable bring the arrested person before the court issuing the warrant in order that the arrested person may be examined. 4 If the arrested person cannot immediately be brought up for examination, the officer must deliver the arrested person into the custody of the relevant prison governor. 5 The relevant prison governor must keep the arrested person in custody and produce the arrested person before the court as the court may from time to time direct. 6 After arresting the person named in the warrant, the officer must as soon as reasonably practicable report to the court the arrest or delivery into custody (as the case may be) and apply to the court to fix a venue for the arrested person’s examination. 7 The court must appoint the earliest practicable time for the examination, and must— a direct the relevant prison governor to produce the arrested person for examination at the time and place appointed; b as soon as reasonably practicable deliver notice of the venue to the T&S administrator. 8 Where any property in the arrested person’s possession is seized, the property must, as directed by the warrant, be— a delivered to whoever is specified in the warrant as authorised to receive it, or otherwise dealt with in accordance with the directions in the warrant, or b kept by the officer seizing it pending the receipt of written orders from the court as to its disposal. 9 In this rule, “ the relevant prison governor ” means— a the governor of the prison named in the warrant, or b where that prison is not able to accommodate the arrested person, the governor of such other prison, with appropriate facilities, that is able to accommodate the arrested person. CHAPTER 3 The Court File Court file 114 1 The court must open and maintain a file (the “court file”) in any case where documents are filed with it under the 1986 Act or these Rules. 2 Any documents which are filed with the court under the 1986 Act or these Rules must be placed on the court file. 3 The following persons may inspect the court file, or obtain from the court a copy of the court file, or of any document in the court file— a the T&S administrator; b the Secretary of State; c the Gas and Electricity Markets Authority; d a creditor who provides the court with a statement confirming that the person is a creditor of the T&S company; e a person who is, or at any time has been, a director or officer of the T&S company; f a person who is a member of the T&S company; g the Health and Safety Executive; h the Oil and Gas Authority. 4 A person’s right to inspect or obtain copies may be exercised on that person’s behalf by someone authorised to do so by that person. 5 Any person who is not otherwise entitled to inspect the court file or obtain copies may do so if the court gives permission. 6 The court may direct that the court file, a document (or part of it) or a copy of a document (or part of it) must not be made available under paragraph (3) or (4) without the permission of the court. 7 An application for a direction under paragraph (6) may be made by— a the T&S administrator, or b any person appearing to the court to have an interest. 8 Inspection of the court file, with permission if required, may be at any reasonable time. 9 The right to a copy of a document is subject to payment of the fee chargeable under an order made under section 92 of the Courts Act 2003 . 10 The following applications may be made without notice to any other party, but the court may direct that notice must be delivered to any person who would be affected by its decision— a an application for permission to inspect the court file or obtain a copy of a document under paragraph (5); b an application for a direction under paragraph (6). 11 If for the purposes of powers conferred by the 1986 Act or these Rules, the Secretary of State or the T&S administrator requests the transmission of the court file, the court must comply with the request (unless the file is for the time being in use for the court’s own purposes). Office copies of documents 115 1 The court must provide an office copy of a document from the court file to a person who has under these Rules the right to inspect the court file where that person has requested such a copy and paid the fee under rule 114(9). 2 A person’s right under this rule may be exercised on that person’s behalf by someone authorised to do so by that person. 3 An office copy provided by the court under this rule must be in such form as the relevant Judge thinks appropriate, and must bear the court’s seal. 4 In this rule, “ relevant Judge ” means the High Court Judge, Insolvency and Companies Court Judge or District Judge of the High Court before whom the proceedings are brought. CHAPTER 4 Costs and Detailed Assessment Application and interpretation 116 1 This Chapter applies to costs of and in connection with T&S administration proceedings. 2 In this Chapter, “ costs ” includes charges and expenses. 3 CPR Parts 44 and 47 (which relate to costs) apply to such costs. Requirement to assess costs by the detailed procedure 117 1 Where the costs of any person are payable as an expense out of the assets of the T&S company, the amount payable must be decided by detailed assessment unless agreed between the T&S administrator and the person entitled to payment. 2 In the absence of such agreement, the T&S administrator may serve notice requiring the person entitled to payment to commence detailed assessment proceedings in accordance with CPR Part 47. 3 Detailed assessment proceedings must be commenced in the court to which the T&S administration proceedings are allocated. 4 Where the costs of any person employed by the T&S administrator in T&S administration proceedings are required to be decided by detailed assessment or fixed by order of the court, the T&S administrator may make payments on account to such person in respect of those costs provided that person undertakes in writing— a to repay as soon as reasonably practicable any money which may, when detailed assessment is made, prove to have been overpaid, and b to pay interest on any such sum as is mentioned in sub-paragraph (a) at the rate specified in section 17 of the Judgments Act 1838 on the date payment was made and for the period beginning with the date of payment and ending with the date of repayment. 5 In any proceedings before the court, the court may order costs to be decided by detailed assessment. Procedure where detailed assessment required 118 1 Before making a detailed assessment of the costs of any person employed in T&S administration proceedings by the T&S administrator, the costs officer must require a certificate of employment, which must be endorsed on the bill and authenticated by the T&S administrator. 2 The certificate must include the following— a the name and address of the person employed; b details of the functions to be carried out under the employment; c a note of any special terms of remuneration which have been agreed. 3 Every person whose costs in T&S administration proceedings are required to be decided by detailed assessment must, on being required in writing to do so by the T&S administrator, commence detailed assessment proceedings in accordance with CPR Part 47. 4 If that person does not commence detailed assessment proceedings within three months of being required to do so under paragraph (3), or within such further time as the court, on application, may permit, the T&S administrator may deal with the assets of the T&S company without regard to any claim for costs by that person, whose claim is forfeited by such failure to commence proceedings. 5 Where in any such case such a claim for costs lies additionally against a T&S administrator in the T&S administrator’s personal capacity, that claim is also forfeited by such failure to commence proceedings. Costs paid otherwise than out of the assets of the T&S company 119 Where the amount of costs is decided by detailed assessment under an order of the court directing that the costs are to be paid otherwise than out of the assets of the T&S company, the costs officer must note on the final costs certificate by whom, or the manner in which, the costs are to be paid. Award of costs against T&S administrator 120 Without prejudice to any provision of the 1986 Act or these Rules by virtue of which the T&S administrator is not in any event to be liable for costs and expenses, where a T&S administrator is made a party to any proceedings on the application of another party to the proceedings, the T&S administrator is not to be personally liable for the costs unless the court otherwise directs. Application for costs 121 1 This rule applies where a party to, or person affected by, T&S administration proceedings— a applies to the court for an order allowing their costs, or part of them, of or incidental to the proceedings, and b that application is not made at the time of the proceedings. 2 The applicant must serve a sealed copy of the application on the T&S administrator. 3 The T&S administrator may appear on the application. 4 No costs of or incidental to the application are to be allowed to the applicant unless the court is satisfied that the application could not have been made at the time of the proceedings. Costs and expenses of witnesses 122 1 An officer of the T&S company to which the T&S administration proceedings relate is not to receive an allowance as a witness in an examination or other proceedings before the court except as directed by the court. 2 A person making any application in T&S administration proceedings is not to receive an allowance as a witness for attending the hearing of the application, but the costs officer may allow that person’s expenses of travelling and subsistence. Final costs certificate 123 1 A final costs certificate of the costs officer is final and conclusive as to all matters which have not been objected to in the manner provided for under the CPR. 2 Where it is proved to the satisfaction of a costs officer that a final costs certificate has been lost or destroyed, the costs officer may issue a duplicate. CHAPTER 5 Persons who Lack Capacity to Manage their Affairs Introduction 124 1 The rules in this Chapter apply where it appears to the court in T&S administration proceedings that a person affected by the proceedings is unable to manage and administer that person’s own property and affairs by reason of— a lacking capacity within the meaning of the Mental Capacity Act 2005 , b suffering from a physical affliction, or c disability. 2 Such a person is referred to in this Chapter as “ the incapacitated person ”. Appointment of another person to act 125 1 The court may appoint such person as it thinks just to appear for, represent or act for the incapacitated person. 2 The appointment may be made either generally or for the purpose of a particular application or proceeding, or for the exercise of particular rights or powers which the incapacitated person might have exercised but for the incapacitated person’s incapacity. 3 The court may make the appointment either of its own motion or on application by— a a person who has been appointed by a court in the United Kingdom or elsewhere to manage the affairs of, or to represent, the incapacitated person; b any person who appears to the court to be a suitable person to make the application; c the T&S administrator. 4 An application under paragraph (3) may be made without notice to any other party. 5 The court may require such notice of the application as it thinks necessary to be delivered to the person alleged to be incapacitated, or any other person, and may adjourn the hearing of the application to enable the notice to be delivered. Witness statement in support of application 126 An application under rule 125(3) must be supported by a witness statement made by a registered medical practitioner as to the mental or physical condition of the incapacitated person. Service of notices following appointment 127 Any notice served on, or sent to, a person appointed under rule 125 has the same effect as if it had been served on, or sent to, the incapacitated person. CHAPTER 6 Appeals in T&S administration Proceedings Appeals and reviews 128 1 A court which has jurisdiction in relation to T&S administration proceedings may review, rescind or vary any order made by it in the exercise of that jurisdiction. 2 An appeal made in the exercise of the court’s jurisdiction in relation to T&S administration proceedings lies— a from a decision of an Insolvency and Companies Court Judge or District Judge of the High Court, to a High Court Judge; b from a decision of a High Court Judge, to the Civil Division of the Court of Appeal. 3 In this rule, “ Civil Division of the Court of Appeal ” means the division of the Court of Appeal established by section 3(1) of the Senior Courts Act 1981 . Procedure on appeal 129 1 An appeal against a decision at first instance may only be brought with either the permission of the court which made the decision or the permission of the court which has jurisdiction to hear the appeal. 2 An appellant must file an appellant’s notice (within the meaning of CPR Part 52 ) within 21 days after the date of the decision of the court that the appellant wishes to appeal. 3 The procedure set out in CPR Part 52 applies to any appeal to which this Chapter applies. CHAPTER 7 General Principal court rules and practice to apply 130 1 The provisions of the CPR (including any related practice directions) apply to T&S administration proceedings with any necessary modifications, except so far as disapplied by or inconsistent with these Rules. 2 T&S administration proceedings must be allocated to the multi-track, for which CPR Part 29 makes provision, and accordingly those provisions of the CPR which provide for directions questionnaires and track allocation do not apply. 3 CPR Part 32 (evidence) applies to a false statement in a document verified by a statement of truth made under these Rules as it applies to a false statement in a document verified by a statement of truth made under CPR Part 22 (statements of truth). Performance of functions by the court 131 1 In T&S administration proceedings, anything to be done by, to or before the court may be done by, to or before a High Court Judge, Insolvency and Companies Court Judge or District Judge of the High Court. 2 The Insolvency and Companies Court Judge or District Judge of the High Court may authorise any act of a formal or administrative character which is not in accordance with any enactment that person’s responsibility to be carried out by the chief clerk or any other officer of the court acting on that person’s behalf, in accordance with directions given by the Lord Chancellor. 3 The hearing of an application must be in open court unless the court directs otherwise. Rights of audience 132 Rights of audience in T&S administration proceedings are the same as in insolvency proceedings. Formal defects 133 No T&S administration proceedings are to be invalidated by any formal defect or any irregularity, unless the court before which objection is made considers that substantial injustice has been caused by the defect or irregularity, and that the injustice cannot be remedied by any order of the court. Shorthand writers 134 1 The court may in writing nominate a person to be official shorthand writer to the court. 2 The court may, at any time in the course of T&S administration proceedings, appoint a shorthand writer to take down evidence of a person examined under section 236 of the 1986 Act. 3 The remuneration of a shorthand writer appointed in T&S administration proceedings must be paid by the party at whose instance the appointment was made, or out of the assets of the T&S company or otherwise, as the court may direct. 4 Any question arising as to the rates of remuneration payable under this rule must be determined by the court. Payment into court 135 CPR Part 37 (miscellaneous provisions about payment into court) applies to money lodged in court under these Rules. Further information and disclosure 136 1 A party to T&S administration proceedings may apply to the court for an order— a that in accordance with CPR Part 18 (further information) another party— i clarify a matter that is in dispute in the proceedings, or ii give additional information in relation to such a matter, or b for disclosure from any person in accordance with CPR Part 31 (disclosure and inspection of documents), save where rules 18 or 24 apply. 2 An application under this rule may be made without notice to any other party. Court orders 137 The court may make such other order or in such form as the court thinks just, despite any requirement in these Rules as to the contents of a court order. PART 12 Examination of Persons in T&S administration Proceedings Application and interpretation 138 1 The rules in this Part apply to applications to the court, made by the T&S administrator, for an order under section 236 of the 1986 Act (inquiry into company’s dealings). 2 In this Part— a “ the respondent ” means the person in respect of whom an order under section 236 is applied for; b “ section 236 ” means section 236 of the 1986 Act. Contents of application 139 1 The application must state the following— a the grounds on which it is made; b the name of the respondent; c which order or combination of orders referred to in paragraph (2) is sought. 2 The orders are— a for the respondent to appear before the court; b for the respondent to clarify any matter which is in dispute in the proceedings or to give additional information in relation to any such matter (if CPR Part 18 (further information) applies to any such order); c for the respondent to submit witness statements (if so, particulars must be given of the matters to be included); d for the respondent to produce books, papers or other records (if so, the items in question must be specified). 3 The application may be made without notice to the respondent or any other party. Order for examination, etc. 140 1 The court may, whatever the order sought in the application, make any order which it has power to make under section 236. 2 The court, if it orders the respondent to appear before it, must specify a venue for the respondent’s appearance, which must be not less than 14 days from the date of the order. 3 If the respondent is ordered to file with the court a witness statement, the order must specify— a the matters which are to be dealt with in the respondent’s witness statement, and b the time within which it is to be delivered. 4 If the order is to produce books, papers or other records, the time and manner of compliance must be specified. 5 The order must be served by the T&S administrator as soon as reasonably practicable on the respondent, and it must be served personally, unless the court otherwise orders. Procedure for examination 141 1 At any examination of the respondent, the T&S administrator may attend in person, or be represented by an appropriately qualified legal representative, and may put such questions to the respondent as the court may allow. 2 Any creditor who has provided information on which the application was made under section 236 may— a attend the examination with the permission of the court, and b put questions to the respondent, but only through the T&S administrator. 3 If the respondent is ordered to clarify any matter or to give additional information, the court must direct the respondent as to the questions which the respondent is required to answer, and as to whether the respondent’s answers (if any) are to be made in a witness statement. 4 The respondent may at the respondent’s own expense employ an appropriately qualified legal representative who may— a put to the respondent such questions as the court may allow for the purpose of enabling the respondent to explain or qualify any answers given by the respondent, and b make representations on the respondent’s behalf. 5 There must be made in writing such record of the examination as the court thinks proper and such record must be read either to or by the respondent and authenticated by the respondent at a venue fixed by the court. 6 The written record may, in any proceedings (whether under the 1986 Act or otherwise), be used as evidence against the respondent of any statement made by the respondent in the course of the respondent’s examination. Record of examination 142 1 Unless the court otherwise directs, the record of questions put to the respondent, the respondent’s answers, and any witness statement delivered to the court by the respondent in compliance with an order of the court under section 236 are not to be filed with the court. 2 The documents listed in paragraph (3) are not open to inspection without the permission of the court, except by the T&S administrator. 3 The documents are as follows— a the written record of the respondent’s examination; b copies of questions put to the respondent or proposed to be put to the respondent and answers to questions given by the respondent; c any witness statement by the respondent; d any document on the court file that shows the grounds for the application for the order. 4 The court may from time to time give directions as to the custody and inspection of any documents to which this rule applies, and as to the provision of copies of, or extracts from, such documents. Cost of proceedings under section 236 143 1 Where the court has ordered an examination of a person under section 236, and it appears to it that the examination was made necessary because information had been unjustifiably refused by the respondent, it may order that the costs of the examination be paid by the respondent. 2 Where the court makes an order against a person under section 237(1) or (2) of the 1986 Act (court’s enforcement powers under section 236), the costs of the application for the order may be ordered by the court to be paid by the respondent. 3 The T&S administrator’s costs must, unless the court otherwise orders, be paid out of the assets of the T&S company (subject to paragraphs (1) and (2)). 4 A person summoned to attend for examination under this Part must be tendered a reasonable sum for travelling expenses incurred in connection with that person’s attendance but any other costs falling on that person are at the court’s discretion. PART 13 Provisions of General Effect CHAPTER 1 Delivery of Documents Application 144 1 This Chapter applies where a document is required under the 1986 Act or these Rules to be delivered, filed, forwarded, furnished, given, sent or submitted by any person unless the 1986 Act, a rule or an order of the court makes different provision including one requiring service of the document. 2 But this Chapter does not apply to the delivery of documents to the registrar of companies. Personal delivery of documents 145 A document is delivered if it is personally delivered in accordance with the rules for personal service in CPR Part 6 . Delivery of documents by post (or document exchange) 146 A document is delivered if it is sent by post (or document exchange) in accordance with the rules for such service in CPR Part 6 and sending by such means has effect as specified in those rules. Delivery of documents to authorised recipients 147 Where under the 1986 Act or these Rules a document is to be delivered to a person, it may be delivered instead to any other person authorised in writing to accept delivery on behalf of the first-mentioned person. Delivery of documents to joint T&S administrators 148 Delivery of a document to one of joint T&S administrators is to be treated as delivery to them all. Electronic delivery of documents 149 1 A document is delivered if it is sent by electronic means and each of the following conditions apply. 2 The conditions are that the intended recipient of the document has— a given actual or deemed consent for the electronic delivery of the document; b not revoked that consent before the document is sent; c provided an electronic address for the delivery of the document. 3 Consent may relate to a specific case or generally. 4 For the purposes of paragraph (2)(a) an intended recipient is deemed to have consented to the electronic delivery of a document by the T&S administrator where the intended recipient and the T&S company had customarily communicated with each other by electronic means before the proceedings commenced. 5 Unless the contrary is shown, a document is to be treated as delivered by electronic means to an electronic address where the sender can produce a copy of the electronic communication which— a contains the document, and b shows the time and date the communication was sent and the electronic address to which it was sent. 6 Unless the contrary is shown, a document sent electronically is treated as delivered to the electronic address to which it is sent at 9.00 a.m. on the next business day after it was sent. Electronic delivery of documents to the court 150 1 A document may not be delivered to a court by electronic means unless this is expressly permitted by the CPR, a practice direction, or these Rules. 2 A document delivered by electronic means is to be treated as delivered to the court at the time it is recorded by the court as having been received or otherwise as the CPR, a practice direction or these Rules provide. Electronic delivery of notices to enforcement officers, etc. 151 Where anything in the 1986 Act or these Rules provides for the delivery of a notice to an enforcement officer or enforcement agent, it may be delivered by electronic means to a person who has been authorised to receive such a notice on behalf of a specified enforcement officer or specified enforcement agent or on behalf of enforcement officers or enforcement agents generally. Electronic delivery by T&S administrators 152 1 Where a T&S administrator delivers a document by electronic means, the document must contain, or be accompanied by, a statement that the recipient may request a hard copy of the document and a telephone number, email address and postal address that may be used to make that request. 2 A T&S administrator who receives such a request must deliver a hard copy of the document to the recipient free of charge within five business days of receipt of the request. Use of website by T&S administrator to deliver a particular document 153 1 This rule applies for the purposes of section 246B of the 1986 Act . 2 A T&S administrator who is required to deliver a document to any person may, except where personal delivery is required, satisfy that requirement by delivering a notice to that person which contains the following— a a statement that the document is available for viewing and downloading on a website; b the website’s address and any password necessary to view and download the document; c a statement that the person to whom the notice is delivered may request a hard copy of the document with a telephone number, email address and postal address which may be used to make that request. 3 A T&S administrator who receives such a request must deliver a hard copy of the document to the recipient free of charge within five business days of receipt of the request. 4 A document to which a notice under paragraph (2) relates must— a remain available on the website until two months after the end of the T&S administration proceedings or the discharge of the last person to hold office as T&S administrator in those proceedings; b be in a format that enables it to be downloaded within a reasonable time of an electronic request being made for it to be downloaded. 5 A document which is delivered to a person by means of a website in accordance with this rule is deemed to have been delivered— a when the document is first made available on the website, or b when the notice under paragraph (2) is delivered to that person, if that is later. General use of website to deliver documents 154 1 A T&S administrator may deliver a notice to each person to whom a document will be required to be delivered in the T&S administration proceedings which contains the following— a a statement that future documents in the proceedings (other than those mentioned in paragraph (2)) will be made available for viewing and downloading on a website without notice to the recipient and that the T&S administrator will not be obliged to deliver any such documents to the recipient of the notice unless it is requested by that person; b a telephone number, email address and postal address which may be used to make a request for a hard copy of a document; c a statement that the recipient of the notice may at any time request a hard copy of any or all of the following— i all documents currently available for viewing on the website; ii all future documents which may be made available there; d the address of the website, and any password required to view and download a relevant document from that site. 2 A statement under paragraph (1)(a) does not apply to the following documents— a a document for which personal delivery is required; b a notice under rule 69; c a document which is not delivered generally. 3 A document is delivered generally if it is delivered to some or all of the following classes of persons— a members; b contributories; c creditors; d any class of members, contributories or creditors. 4 A T&S administrator who has delivered a notice under paragraph (1) is under no obligation— a to notify a person to whom the notice has been delivered when a document to which the notice applies has been made available on the website, or b to deliver a hard copy of such a document unless a request is received under paragraph (1)(c). 5 A T&S administrator who receives such a request— a in respect of a document which is already available on the website must deliver a hard copy of the document to the recipient free of charge within five business days of receipt of the request, and b in respect of all future documents must deliver each such document in accordance with the requirements for delivery of such a document in the 1986 Act and these Rules. 6 A document to which a statement under paragraph (1)(a) applies must— a remain available on the website until two months after the end of the T&S administration proceedings or the discharge of the last person to hold office as T&S administrator in those proceedings; b must be in such a format as to enable it to be downloaded within a reasonable time of an electronic request being made for it to be downloaded. 7 A document which is delivered to a person by means of a website in accordance with this rule, is deemed to have been delivered— a when the relevant document was first made available on the website, or b if later, when the notice under paragraph (1) was delivered to that person. 8 Paragraph (7) does not apply in respect of a person who has made a request under paragraph (1)(c)(ii) for hard copies of all future documents. Proof of delivery of documents 155 1 A certificate complying with this rule is proof that a document has been duly delivered to the recipient in accordance with this Chapter unless the contrary is shown. 2 A certificate must state the method of delivery and the date of the sending, posting or delivery (as the case may be). 3 In the case of the T&S administrator, the certificate must be given by— a the T&S administrator, b the T&S administrator’s solicitor, or c a partner or an employee of either of them. 4 In the case of a person other than the T&S administrator, the certificate must be given by that person and must state— a that the document was delivered by that person, or b that another person (named in the certificate) was instructed to deliver it. 5 A certificate under this rule may be endorsed on a copy of the document to which it relates. CHAPTER 2 Form and Content of Documents Requirement for writing and form of documents 156 1 A notice or statement must be in writing unless the 1986 Act or these Rules provide otherwise. 2 A document in electronic form must be capable of being— a read by the recipient in electronic form, and b reproduced by the recipient in hard copy form. Authentication 157 1 A document in hard copy form is sufficiently authenticated if it is signed. 2 If a document is authenticated by the signature of an individual on behalf of— a a body of persons, the document must also state the position of that individual in relation to the body; b a body corporate of which the individual is the sole member, the document must also state that fact. 3 A document in electronic form is sufficiently authenticated— a if the identity of the sender is confirmed in a manner specified by the recipient, or b where no such manner has been specified by the recipient, if the communication contains or is accompanied by a statement of the identity of the sender and the recipient has no reason to doubt the truth of that statement. CHAPTER 3 Service of Documents Application 158 1 This Chapter sets out the requirements for service where a document is required to be served. 2 Service is to be carried out in accordance with CPR Part 6 as that Part applies to either a “claim form” or a “document other than the claim form”, except where this Chapter provides otherwise or the court otherwise directs. 3 If for any reason it is impracticable to effect service as provided for in paragraph (2) then service may be effected in such other manner as the court may direct. 4 For the purposes of the application by this Chapter of CPR Part 6— a the following documents are to be treated as a “claim form”— i an application commencing T&S administration proceedings; ii an application within T&S administration proceedings against a respondent; b any other document is to be treated as a “document other than the claim form”. 5 CPR Part 6 applies to the service of documents outside the jurisdiction with such modifications as the court may direct. Service of T&S administration application 159 1 An application to the court for a T&S administration order must be served by delivering the documents as follows— a on the T&S company at its registered office; b on any other person at that person’s proper address. 2 A person’s proper address is any which that person has previously notified as the address for service, but if the person has not notified such an address then the documents may be served at that person’s usual or last known address. Service on joint T&S administrators 160 Service of a document on one of joint T&S administrators is to be treated as service on all of them. Service of orders staying proceedings 161 1 This rule applies where the court makes an order staying an action, execution or other legal process against the property of the T&S company. 2 The applicant must serve the order. 3 The order may be served within the jurisdiction by serving a sealed copy at the address for service of— a the claimant, or b another party having the carriage of the proceedings to be stayed. Certificate of service 162 1 The service of an application must be verified by a certificate of service. 2 The certificate of service must— a identify the application; b specify— i the name and registered number of the T&S company; ii the address of the registered office of the T&S company; iii the name of the applicant; iv the court in which the application was made and the court reference number; v the date of the application; vi whether the copy served was a sealed copy; vii the person served; viii the manner of service and the date of service; c be verified by a statement of truth. 3 Where the court has directed that service be effected in a particular manner, the certificate must be accompanied by a sealed copy of the order directing such manner of service. CHAPTER 4 Gazette Notices Contents of notices to be gazetted under the 1986 Act or these Rules 163 1 Where under the 1986 Act or these Rules a notice is gazetted, in addition to any content specifically required by the 1986 Act or any other provision of these Rules, the content of such a notice must be as set out in this Chapter. 2 All notices must specify so far as it is applicable in relation to the particular notice— a the name and postal address of the T&S administrator; b the capacity in which the T&S administrator is acting and the date of appointment; c either an email address, or a telephone number, through which the T&S administrator may be contacted; d the name of any person other than the T&S administrator (if any) who may be contacted regarding the proceedings; e the T&S administrator’s IP number; f the court name and any number assigned to the proceedings by the court; g the registered name of the T&S company; h the T&S company’s registered number; i the T&S company’s registered office; j any principal trading address of the T&S company if this is different from its registered office; k any name under which the T&S company was registered in the 12 months before the date on which the T&S company entered T&S administration; l any name or style (other than the T&S company’s registered name) under which— i the T&S company carried on business, and ii any debt owed to a creditor was incurred. Omission of unobtainable information 164 Information required under this Chapter to be included in a notice to be gazetted may be omitted if it is not reasonably practicable to obtain it. The Gazette: general 165 1 A copy of the Gazette containing any notice required by the 1986 Act or these Rules to be gazetted is evidence of any facts stated in the notice. 2 Where the 1986 Act or these Rules require an order of the court to be gazetted, a copy of the Gazette containing the notice may be produced in any proceedings as conclusive evidence that the order was made on the date specified in the notice. 3 Where an order of the court which is gazetted has been varied, or any matter has been erroneously or inaccurately gazetted, the person whose responsibility it was to gazette the order or other matter must as soon as is reasonably practicable cause the variation to be gazetted or a further entry to be made in the Gazette for the purpose of correcting the error or inaccuracy. CHAPTER 5 Notices Advertised Otherwise than in the Gazette Notices otherwise advertised under the 1986 Act or these Rules 166 1 Where under the 1986 Act or these Rules a notice may be advertised otherwise than in the Gazette, in addition to any content specifically required by the 1986 Act or any other provision of these Rules, the content of such a notice must be as set out in this Chapter. 2 All notices must specify insofar as it is applicable in relation to the particular notice— a the name and postal address of T&S administrator; b the capacity in which the T&S administrator is acting; c either an email address, or a telephone number, through which the T&S administrator may be contacted; d the registered name of the T&S company; e the T&S company’s registered number; f any name under which the T&S company was registered in the 12 months before the date on which the T&S company entered T&S administration; g any name or style (other than the T&S company’s registered name) under which— i the T&S company carried on business, and ii any debt owed to a creditor was incurred Non-Gazette notices: other provisions 167 1 Information which this Chapter requires to be specified in a notice must be included in an advertisement of that notice in a way that is clear and comprehensible. 2 Information required under this Chapter to be included in a notice may be omitted if it is not reasonably practicable to obtain it. CHAPTER 6 Documents Delivered to the Registrar of Companies Application 168 Where under the 1986 Act or these Rules a document is to be delivered to the registrar of companies, in addition to any content specifically required by the 1986 Act or any other provision of these Rules, the document must contain the contents set out in this Chapter. Information to be contained in all documents delivered to the registrar 169 A document to be delivered to the registrar of companies must— a specify— i the registered name of the T&S company; ii its registered number; iii the nature of the document; iv the provision of the 1986 Act or the rule under which the document is delivered; v the date of the document; vi the name and postal address of the person delivering the document; vii the capacity in which that person is acting in respect of the T&S company; b be authenticated by the person delivering the document. Documents relating to the office of T&S administrators 170 A document relating to the office of the T&S administrator must also specify— a the name of the T&S administrator; b the date of the event of which notice is delivered or of the notice (as applicable); c where the document relates to an appointment, the court making the appointment; d where the document relates to the termination of an appointment, the reason for that termination; e the postal address of the T&S administrator. Documents relating to other documents 171 A document relating to another document must also specify— a the nature of the other document; b the date of the other document; c where the other document relates to a period of time, the period of time to which it relates. Documents relating to court orders 172 A document relating to a court order must also specify— a the nature of the court order; b the date of the order. Reports of meetings 173 A document relating to a report of a meeting must also specify— a the purpose of the meeting, including the provision of the 1986 Act or the rule under which it was convened; b the venue fixed for the meeting; c whether a required quorum was present for the meeting to take place; d if the meeting took place, the outcome of the meeting (including any resolutions passed at the meeting). Documents relating to other events 174 A document relating to any other event must also specify— a the nature of the event, including the provision of the 1986 Act or the rule under which it took place; b the date on which the event occurred. Documents of more than one type 175 A document of more than one type must satisfy the requirements which apply to each. Documents delivered to other persons at the same time 176 1 Where under the 1986 Act or these Rules a document is to be delivered to another person at the same time that it is to be delivered to the registrar of companies, that requirement may be satisfied by delivering to that other person a copy of the document delivered to the registrar. 2 Paragraph (1) does not apply where the document delivered to the registrar of companies is incomplete. CHAPTER 7 Inspection of Documents and the Provision of Information Confidentiality of documents: grounds for refusing inspection 177 1 Paragraph (2) applies where in T&S administration proceedings the T&S administrator considers that a document forming part of the records of those proceedings— a should be treated as confidential, or b is of such a nature that its disclosure would be prejudicial to the conduct of the proceedings or might reasonably be expected to lead to violence against any person. 2 The T&S administrator may decline to allow the document to be inspected by a person who would otherwise be entitled to inspect it. 3 Where under this rule the T&S administrator determines to decline to allow inspection of a document, the person wishing to inspect it may apply to the court for that determination to be overruled and the court may either overrule it altogether or sustain it subject to such conditions (if any) as it thinks just. Right to copies of documents 178 Where the 1986 Act or these Rules give a person the right to inspect documents, that person has a right to be supplied on request with copies of those documents, on payment— a in the case of documents on the court file, of the fee chargeable under any order made under section 92 of the Courts Act 2003; b in any other case, of the standard fee. Charges for copies of documents 179 Except where prohibited by these Rules, the T&S administrator is entitled to require the payment of the standard fee for copies of documents requested by a creditor, member or contributory. Right to list of creditors 180 1 A creditor has the right to require the T&S administrator to provide a list of the names and addresses of the creditors and the amounts of their respective debts unless paragraph (4) applies. 2 The T&S administrator on being required to provide the list under paragraph (1)— a must deliver it to the person requiring the list as soon as reasonably practicable, and b may charge the standard fee for a hard copy. 3 The name and address of any creditor may be omitted from the list provided under paragraph (2) where the T&S administrator is of the view that its disclosure would be prejudicial to the conduct of the proceedings or might reasonably be expected to lead to violence against any person, provided that— a the amount of the debt in question is shown in the list, and b a statement is included in the list that the name and address of the creditor has been omitted in respect of that debt. 4 Paragraph (1) does not apply where a statement of affairs has been delivered to the registrar of companies. CHAPTER 8 Time Calculation of time periods 181 1 The provisions of CPR rule 2.8 (time) , with the exception of paragraph (4) of that rule, apply for the calculation of periods expressed in days in the relevant legislation and these Rules. 2 The calculation of the beginning and end of a period expressed in months is to be determined as follows— a if the beginning of the period is specified— i the month in which the period ends is the specified number of months after the month in which it begins, and ii the date in the month on which the period ends is— aa the day before the date corresponding to the date in the month on which it begins, or bb if there is no such date in the month on which it ends, the last day of that month; b if the end of the period is specified— i the month in which the period begins is the specified number of months before the month in which it ends, and ii the date in the month on which the period begins is— aa the day after the date corresponding to the date in the month on which it ends, or bb if there is no such date in the month in which it begins, the last day of that month. 3 The provisions of CPR rule 3.1(2)(a) (the court’s general powers of management) apply so as to enable the court to extend or shorten the time for compliance with anything required or authorised to be done by these Rules. 4 Paragraph (3) is subject to any time limits expressly stated in the relevant legislation and to any specific powers in the relevant legislation or these Rules to extend or shorten the time for compliance. 5 In this rule, “ relevant legislation ” means— a the 1986 Act; b sections 154 to 171 of, and Schedules 20 and 21 to, the 2004 Act . PART 14 Miscellaneous False claim of status as creditor, etc. 182 Where these Rules provide for creditors, members or contributories of a T&S company a right to inspect any documents, whether on the court file or in the hands of a T&S administrator or other person, it is an offence for a person, with the intention of gaining sight of documents which the person has not under these Rules any right to inspect, falsely to claim a status which would entitle the person to inspect them. Punishment of offences 183 1 The Schedule to these Rules has effect with respect to the way in which contraventions of these Rules are punishable on conviction. 2 In relation to an offence under a provision of the rules specified in the first column of the Schedule (the general nature of the offence being described in the second column), the third column shows whether the offence is punishable on conviction on indictment, or on summary conviction, or either in the one way or the other. 3 The fourth column shows, in relation to an offence, the maximum punishment by way of fine or imprisonment which may be imposed on a person convicted of the offence in the way specified in relation to it in the third column (that is to say, on indictment or summarily), a reference to a period of years or months being to a term of imprisonment of that duration. 4 The fifth column shows (in relation to an offence for which there is an entry in that column) that a person convicted of the offence after continued contravention is liable to a daily default fine; that is to say, the person is liable on a second or subsequent conviction of the offence to the fine specified in that column for each day on which the contravention is continued (instead of the penalty specified for the offence in the fourth column of the Schedule). 5 Section 431 of the 1986 Act (summary proceedings) , as it applies to England and Wales, has effect in relation to offences under these Rules as to offences under the 1986 Act. Review 184 1 The Secretary of State must from time to time— a carry out a review of the regulatory provision contained in these Rules, and b publish a report setting out the conclusions of the review. 2 The first report must be published before the end of the period of five years beginning with the date on which these Rules come into force. 3 Subsequent reports must be published at intervals not exceeding five years. 4 Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this rule must, in particular— a set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a), b assess the extent to which those objectives are achieved, c assess whether those objectives remain appropriate, and d if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision. 5 In this rule, “ regulatory provision ” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act). Sarah Sackman Minister of State Ministry of Justice 23rd October 2025 I concur Julian Flaux Chancellor of the High Court 13th October 2025 I concur Sarah Jones Minister of State Department for Energy Security and Net Zero 2nd September 2025 SCHEDULE Punishment of Offences under these Rules Rule 183 (1) Rule creating the offence (2) General nature of the offence (3) Mode of prosecution (4) Punishment (5) Daily default fine (where applicable) Rule 26(10) T&S administrator failing to send report as to progress of T&S administration Summary Level 3 on the standard scale One tenth of level 3 on the standard scale Rule 100(2) Failing to comply with T&S administrator’s duties on vacating office Summary Level 3 on the standard scale One tenth of level 3 on the standard scale Rule 182 False representation of status for purpose of inspecting documents 1. On indictment 2. Summary Two years or a fine or both Six months or a fine or both EXPLANATORY NOTE (This note is not part of the Rules) These Rules set out the procedure for the conduct of T&S administration proceedings in England and Wales. T&S administration is a special insolvency regime specifically created for companies holding licences under section 7 of the Energy Act 2023. The framework for the T&S administration regime is set out in the Energy Act 2023 (c. 52) (the “ 2023 Act ”). The 2023 Act does so by applying (with modifications) much of Chapter 3 of Part 3 of the Energy Act 2004 (c. 20) (which provides for a special administration regime for certain energy companies). These Rules are applicable only to T&S administration. Part 1 contains the construction and interpretation provisions. Part 2 sets out the procedure to be followed to initiate T&S administration proceedings, including the information required for a T&S administration order application, to whom notice of such an application needs to be delivered and who may appear at a hearing of the T&S administration application. Part 3 details the initial steps to be taken in T&S administration proceedings. These include the notification and advertisement of a T&S administrator’s appointment and the preparation of a statement of the affairs of the T&S company. Part 3 also sets out the information that must be given to creditors in the T&S administrator’s statement of proposals and the contents of the progress reports to be prepared by the T&S administrator. Part 4 contains provisions relating to creditors’ decisions and company meetings in T&S administration. Part 5 contains provisions relating to an application to court for authority to dispose of property of the T&S company which is subject to a security (other than a floating charge) or goods in the possession of the T&S company under a hire-purchase agreement. Part 6 contains provisions relating to the expenses of T&S administration. Part 7 contains provisions relating to claims by and distributions to creditors of the T&S company. Part 8 contains details of how the remuneration of a T&S administrator is to be fixed by the court. Part 9 sets out the arrangements for ending a T&S administration. Part 10 sets out the requirements and procedures for replacing a T&S administrator. Part 11 contains general provisions detailing the court procedure and practice for T&S administration proceedings. In particular this Part sets out the general requirements for court applications made during a T&S administration, enforcement procedures, access to the court file, the cost assessment procedure for T&S administration proceedings, provision for persons who lack capacity to manage their affairs, and the appeals process to be used in T&S administration proceedings. Part 12 sets out the provision for the examination of persons where an application to court has been made by a T&S administrator under section 236 of the Insolvency Act 1986 (c. 45) . Section 236 allows a T&S administrator to apply to court for an order requiring certain persons to appear before the court to be questioned by the T&S administrator about the company in T&S administration. Part 13 contains provisions of general effect including provisions relating to the delivery of documents, the form and content of documents, service of documents, standard contents of notices and of documents delivered to the registrar of companies, the inspection and right to copies of documents, and the calculation of time periods. Part 14 contains miscellaneous provisions, including the power of the Secretary of State to regulate certain matters relating to the carrying out of the T&S administrator’s functions, provisions relating to the punishment of offences and the requirement for a review. The Schedule contains further provision about offences. A full impact assessment has not been produced for this instrument as no, or no significant, impact on business, charity or voluntary bodies is foreseen. 1986 c. 45 . Section 411 of the Insolvency Act 1986 was amended by S.I. 2002/1037 and the Constitutional Reform Act 2005 (c. 4) , Schedule 4, paragraph 188. Section 411(3) was amended by S.I. 2007/2194 and the Banking Act 2009 (c. 1) , section 160. There are other amending Acts and instruments, but none is relevant. 2004 c. 20 . Section 159(3) was amended by the Energy Act 2011 (c. 16) , section 97. 2023 c. 52 . Section 413 was amended by the Constitutional Reform Act 2005 (c. 4) , Schedule 4, paragraph 190, the Crime and Courts Act 2013 (c. 22) , Schedule 9, paragraph 93 and S.I. 2018/130 . There are other amendments, but none is relevant. For the meaning of T&S company see section 42(2)(b) of the Energy Act 2023. 1971 c. 80 . There are amending Acts and instruments, but none is relevant. Section 79 was amended by S.I. 2009/1941 . S.I. 1998/3132 . 1981 c. 54 . Section 100 was substituted by the Constitutional Reform Act 2005, Schedule 3, paragraph 2 and amended by the Tribunals, Courts and Enforcement Act 2007 (c. 15) , Schedule 11, paragraph 2. 2007 c. 15 . 2003 c. 39 . See Schedule 7 to the Act. Section 4(1) was amended by the Courts and Legal Services Act 1990 (c. 41) , section 72, the Access to Justice Act 1999 (c. 22) , section 69, the Constitutional Reform Act 2005, Schedule 4, paragraph 117, and the Crime and Courts Act 2013 (c. 22) , Schedule 13, paragraph 14. There are other amendments to section 4, but none is relevant. Section 89(1) was amended by the Constitutional Reform Act 2005, Schedule 3, paragraph 3 and Schedule 11, paragraph 26. Section 89(1) refers to offices listed in Parts 2 and 3 of Schedule 2 to the Act. The reference to “Registrar in Bankruptcy of the High Court” was replaced with a reference to “Insolvency and Companies Court Judge” by S.I. 2018/130 . S.I. 2016/1024 , as amended by S.I. 2017/366 , 2017/369 , 2017/702 , 2017/1115 , 2017/1119 , 2018/130 , 2019/146 , 2019/138 , 2021/672 and 2021/1028 . Section 176A was inserted by the Enterprise Act 2002 (c. 40) , section 252 and amended by S.I. 2008/948 and the Corporate Insolvency and Governance Act 2020 (c. 12) , Schedule 9, paragraph 6. Schedule B1 was inserted by the Enterprise Act 2002, Schedule 16, paragraph 1 (as amended by S.I. 2003/2096 ). See section 31(1) of the 2022 Act. Section 159 was amended by the Energy Act 2011 (c. 16) , section 97 and the Nuclear Energy (Financing) Act 2022, section 34. Section 166 was amended by the Energy Act 2011, section 93. Schedule 20 was amended by S.I. 2009/1941 , the Financial Services Act 2012 (c. 21) , Schedule 18, paragraph 101, the Energy Act 2011, section 101 and the Corporate Insolvency and Governance Act 2020, Schedule 9, paragraph 27. Schedule 21 was amended by S.I. 2019/530 . 2007 c. 29 . Schedule 3 was amended by S.I. 2020/1342 . Part 22 was amended by S.I. 2001/1769 , 2001/4015 , 2004/3419 and 2023/105 . Section 246A was inserted by S.I. 2010/18 . It was amended by the Small Business, Enterprise and Employment Act 2015 (c. 26) , and the Corporate Insolvency and Governance Act 2020, Schedule 3, paragraph 17. There are amendments to Part 32 but these are not relevant to these Regulations. Section 170 was amended by the Energy Act 2011, section 100 and the Nuclear Energy (Financing) Act 2022, section 37. Section 171 was amended by S.I. 2009/1941 . Section 124A was inserted by the Companies Act 1989 (c. 40) , sections 60(3) and 213(2). It was amended by S.I. 2001/3649 and the Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27) , Schedule 2, paragraph 27. 1986 c. 45 . Part A1 was inserted by section 1(1) of the Corporate Insolvency and Governance Act 2020 (c. 12) . Section 235 was amended by the Enterprise Act 2002, Schedule 17, paragraph 24. Part 31 was amended by S.I. 2000/221 , 2001/4015 , the Constitutional Reform Act 2005, Schedule 11, paragraph 1, S.I. 2010/1953 , 2011/88 , 2012/2208 , 2013/262 , 2013/1974 , 2019/521 and 2020/747 . Section 231 was amended by the Enterprise Act 2002, Schedule 26. Paragraph 83 was amended by the Small Business, Enterprise and Employment Act 2015, section 128 and Schedule 9, paragraph 10. Schedule B1 was inserted by the Enterprise Act 2002 (c. 40) , Schedule 16 and paragraph 54 was amended by the Small Business, Enterprise and Employment Act 2015, Schedule 9, paragraph 10. Paragraph 62 was amended by the Small Business, Enterprise and Employment Act 2015, Schedule 9, paragraph 10. 2006 c. 46 . Paragraph 99 was amended by the Deregulation Act 2015 (c. 20) , Schedule 6, paragraph 27. Paragraph 13A was inserted into Schedule 8 by the Small Business, Enterprise and Employment Act 2015, section 131. 2002 c. 29 . 2000 c. 8 . Section 382(1) was amended by the Financial Services Act 2012, Schedule 9, paragraph 21. 1838 c. 110 . Section 17 was amended by S.I. 1993/564 , 1998/2940 ; there are other amendments but none is relevant. Paragraph 79 was amended by the Small Business, Enterprise and Employment Act 2015, Schedule 9, paragraph 10. Section 124 was amended by the Criminal Justice Act 1988 (c. 33) , section 62(2), the Companies Act 1989, section 60(2), S.I. 2002/1240 , the Courts Act 2003 (c. 39) , Schedule 8, paragraph 294, S.I. 2004/2326 , the Companies (Audit, Investigations and Community Enterprise) Act 2004, section 50(3), S.I. 2006/2078 , 2009/1941 , 2013/496 , 2019/146 and the Corporate Insolvency and Governance Act 2020, Schedule 3, paragraph 11. Paragraph 84 was amended by the Small Business, Enterprise and Employment Act 2015, Schedule 9, paragraph 10 and S.I. 2019/146 . Paragraph 87 was amended by the Enterprise Act 2002, Schedule 16, paragraph 1. Paragraph 89 was amended by the Enterprise Act 2002, Schedule 16, paragraph 1. Section 236 was amended by S.I. 2010/18 . Section 92 was amended by the Constitutional Reform Act 2005, Schedule 4, paragraph 345 and Schedule 11, paragraph 4 and the Crime and Courts Act 2013, Schedule 9, paragraph 40 and Schedule 10, paragraph 95. Parts 44 and 47 were substituted for new Parts 44 and 47 by S.I. 2013/262 . Part 44 was amended by S.I. 2017/95 and 2023/105 . Part 47 was amended by S.I. 2014/407 and 2022/101 . 2005 c. 9 . Section 3 has been amended but no amendments are relevant to this instrument. Part 52 was substituted for a new Part 52 by S.I. 2016/788 . It was amended by S.I. 2017/95 , 2017/889 , 2020/82 , 2021/855 , 2022/101 , 2022/783 and 2023/105 . Part 29 was amended by S.I. 2002/2058 , 2005/2292 , 2013/262 and 2013/1974 . Part 37 was amended by S.I. 2006/3435 and 2014/3299 . Part 18 was amended by S.I. 2000/221 . Part 31 was amended by S.I. 2000/221 , 2001/4015 , 2010/1953 , 2011/88 , 2012/2208 , 2013/262 , 2013/1974 , 2019/521 and 2020/747 . Part 6 was amended by S.I. 2008/2178 , 2009/2092 , 2009/3131 , 2009/3390 , 2011/88 , 2011/1979 , 2014/2948 , 2015/1644 , 2019/521 , 2020/942 , 2021/117 , 2022/783 and 2023/105 . Section 246B was inserted by S.I. 2010/18 . It was amended by the Corporate Insolvency and Governance Act 2020, Schedule 3, paragraph 18. CPR rule 2.8 was amended by S.I. 2009/3390 and 2022/783 . Section 54 was amended by the Energy Act (c. 32), sections 48(2) and 156(2). Section 55 was amended by the Energy Act (c. 32), sections 48(3) and 156(2). Section 170 was amended by the Energy Act 2011 (c. 16) , sections 100(3) and 121(3) and the Nuclear Energy (Financing) Act 2022 (c. 15) , sections 37(2) and 44(1)(c)(2)(c). Section 431 was amended by the Corporate Insolvency and Governance Act 2020, Schedule 3, paragraph 27.
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[uk-legislation-uksi][uksi] 2025-11-20 The Clean Heat Market Mechanism (Amendment) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1208/made
http://www.legislation.gov.uk/uksi/2025/1208/made The Clean Heat Market Mechanism (Amendment) Regulations 2025 King's Printer of Acts of Parliament 2025-11-20 ENERGY These Regulations, which apply in England and Wales, Scotland and Northern Ireland, amend the Clean Heat Market Mechanism Regulations 2025 (S.I. 2025/81), which established the low-carbon heat scheme known as the Clean Heat Market Mechanism (“CHMM”). 2025 No. 1208 ENERGY The Clean Heat Market Mechanism (Amendment) Regulations 2025 Made 18th November 2025 Laid before Parliament 20th November 2025 Coming into force in accordance with regulation 2 The Secretary of State makes these Regulations in exercise of the powers conferred by sections 143, 144, 145 and 331(2) of the Energy Act 2023 . In accordance with section 151(4) of that Act, the Secretary of State has given notice to, and considered the representations of, the Scottish Ministers, the Welsh Ministers and the Department for the Economy in Northern Ireland. Citation 1 These Regulations may be cited as the Clean Heat Market Mechanism (Amendment) Regulations 2025. Commencement 2 1 These Regulations come into force on 12th December 2025, subject as follows. 2 Regulation 8 comes into force on 1st April 2026. Extent 3 These Regulations extend to England and Wales, Scotland and Northern Ireland. Amendments to the Clean Heat Market Mechanism Regulations 2025 4 The Clean Heat Market Mechanism Regulations 2025 are amended in accordance with the following provisions. Regulation 2 amended (interpretation) 5 In regulation 2(1), for the definition of “certification scheme”, substitute— “ certification scheme ” has the meaning given in regulation 6; . Regulation 4 amended (hybrid heating systems) 6 In regulation 4(1), in sub-paragraph (b)— a omit “both”, b for “and hot water heating”, substitute “whether or not it also provides hot water heating” . Regulation 6 amended (approval of certification schemes) 7 For regulation 6, substitute— Certification scheme 6 1 The certification scheme is the Microgeneration Certification Scheme . 2 The Secretary of State may approve a subsequent version of the Microgeneration Certification Scheme as the certification scheme. 3 The Secretary of State, when exercising the power in paragraph (2), must publish— a the details of any subsequent version of the Microgeneration Certification Scheme which is approved under paragraph (2); b the date from which the subsequent version of the Microgeneration Certification Scheme is approved; c the details of any transitional arrangement to the subsequent version approved under paragraph (2). 4 In this regulation “ Microgeneration Certification Scheme ” means the scheme under that name operated by the MCS Service Company Ltd (a company registered in England and Wales with company number 07759366). . Regulation 12 amended (low carbon heat target) 8 In regulation 12(2)— a in sub-paragraph (a), for “6%”, substitute “8%” ; b in sub-paragraph (b), for “6%”, substitute “8%” . Martin McCluskey Parliamentary Under-Secretary of State Department for Energy Security and Net Zero 18th November 2025 Explanatory Note (This note is not part of the Regulations) These Regulations, which apply in England and Wales, Scotland and Northern Ireland, amend the Clean Heat Market Mechanism Regulations 2025 ( S.I. 2025/81 ), which established the low-carbon heat scheme known as the Clean Heat Market Mechanism (“ CHMM ”). The CHMM is designed to provide the UK’s heating industry with the confidence and incentive to invest in developing the low-carbon heat pump market. It places an obligation on manufacturers supplying gas and oil boilers in the UK market. Manufacturers must meet targets for the installation of heat pumps in existing properties in proportion to their sales of fossil fuel boilers. Manufacturers can do this by supplying heat pumps themselves or by acquiring credits from other manufacturers. The Microgeneration Certification Scheme (MCS) is to be named as the sole certification for the CHMM. Accordingly, Regulation 5 changes the definition of “certification scheme” to have the meaning in amended regulation 6. Regulation 7 appoints MCS as the certification scheme and gives the Secretary of State a power to approve a subsequent version of the MCS. Regulation 6 amends the definition of a “hybrid heating system” so that a hybrid heating system (which incorporates both a heat pump and a fossil fuel appliance) is not required to provide hot water if no hot water is needed for the building. It does not amend the kind of heating appliance (hybrid heat pump) that the CHMM applies to. Regulation 8 updates the low-carbon heat target for scheme years beginning 1st April 2026 until the target is amended again for future scheme years. The new target will be 8% of relevant boiler sales. 2023 c. 52 . S.I. 2025/81 . Details of the scheme are available at mcscertified.com .
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[uk-legislation-uksi][uksi] 2025-11-20 The Sentencing Act 2020 (Special Procedures for Community and Suspended Sentence Orders) (Amendment) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1207/made
http://www.legislation.gov.uk/uksi/2025/1207/made The Sentencing Act 2020 (Special Procedures for Community and Suspended Sentence Orders) (Amendment) Regulations 2025 King's Printer of Acts of Parliament 2025-11-20 CRIMINAL LAW, ENGLAND AND WALES The Sentencing Act 2020, as amended by the Police, Crime, Sentencing and Courts Act 2022, makes provision for special procedures to apply to community orders and suspended sentence orders in certain cases to be described in regulations. The Sentencing Act 2020 (Special Procedures for Community and Suspended Sentence Orders) Regulations 2023 (the “2023 Regulations”) and the Sentencing Act 2020 (Special Procedures for Community and Suspended Sentence Orders) Regulations 2024 (the “2024 Regulations”) describe certain such cases (“specified cases”). 2025 No. 1207 CRIMINAL LAW, ENGLAND AND WALES The Sentencing Act 2020 (Special Procedures for Community and Suspended Sentence Orders) (Amendment) Regulations 2025 Made 18th November 2025 Laid before Parliament 20th November 2025 Coming into force Regulations 1 and 3 13th December 2025 Regulation 2 25th December 2025 The Secretary of State makes these Regulations in exercise of the powers conferred by section 395A (1) and (5) of the Sentencing Act 2020 . Citation, commencement and extent 1 1 These Regulations may be cited as the Sentencing Act 2020 (Special Procedures for Community and Suspended Sentence Orders) (Amendment) Regulations 2025. 2 Subject to paragraph (3) , these Regulations come into force on 13th December 2025. 3 Regulation 2 comes into force on 25th December 2025. 4 These Regulations extend to England and Wales. Amendment of the Sentencing Act 2020 (Special Procedures for Community and Suspended Sentence Orders) Regulations 2023 2 In the Sentencing Act 2020 (Special Procedures for Community and Suspended Sentence Orders) Regulations 2023 , in regulation 3 , for the words from “of” to “force” substitute “beginning with the day on which these Regulations come into force and ending with 31st March 2029” . Amendment of the Sentencing Act 2020 (Special Procedures for Community and Suspended Sentence Orders) Regulations 2024 3 In the Sentencing Act 2020 (Special Procedures for Community and Suspended Sentence Orders) Regulations 2024 , in regulation 3 , for the words from “of” to “force” substitute “beginning with the day on which these Regulations come into force and ending with 31st March 2029” . Timpson Minister of State Ministry of Justice 18th November 2025 Explanatory Note (This note is not part of the Regulations) The Sentencing Act 2020, as amended by the Police, Crime, Sentencing and Courts Act 2022, makes provision for special procedures to apply to community orders and suspended sentence orders in certain cases to be described in regulations. The Sentencing Act 2020 (Special Procedures for Community and Suspended Sentence Orders) Regulations 2023 (the “ 2023 Regulations ”) and the Sentencing Act 2020 (Special Procedures for Community and Suspended Sentence Orders) Regulations 2024 (the “ 2024 Regulations ”) describe certain such cases (“specified cases”). In accordance with section 395A(4) of the Sentencing Act 2020, when the 2023 Regulations and 2024 Regulations were made, they each provided that specified cases qualify for special procedures only if the community or suspended sentence order was made within a period of 18 months beginning on the day the regulations came into force. The Sentencing Act (Special Procedures for Community and Suspended Sentence Orders) (Amendment) Regulations 2024 subsequently amended the 2023 Regulations to provide that a specified case qualified for special procedures if the order was made within a period of 30 (rather than 18) months after the 2023 Regulations came into force. The 2024 Regulations have not, prior to these Regulations, been amended. The 2023 Regulations came into force on 26th June 2023 and, therefore, in the absence of further legislation, specified cases would have ceased to qualify for special procedures after 25th December 2025. The 2024 Regulations came into force on 14th June 2024 and, therefore, in the absence of further legislation, specified cases would have ceased to qualify for special procedures after 13th December 2025. These Regulations amend both the 2023 Regulations and 2024 Regulations to provide that specified cases will continue to qualify for special procedures if the community or suspended sentence order is made on, or before, 31st March 2029. 2020 c. 17 . Section 395A was inserted by paragraph 2 of Schedule 14 to the Police, Crime, Sentencing and Courts Act 2022 (c. 32) . S.I. 2023/559 as amended by S.I. 2024/1220 . S.I. 2024/654 .
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[uk-legislation-uksi][uksi] 2025-11-20
http://www.legislation.gov.uk/wsi/2025/1206/made
http://www.legislation.gov.uk/wsi/2025/1206/made The Non-Domestic Rating Contributions (Wales) (Amendment) Regulations 2025 en King's Printer of Acts of Parliament 2025-11-20 RATING AND VALUATION, WALES These Regulations amend the Non-Domestic Rating Contributions (Wales) Regulations 1992 (“the 1992 Regulations”). 2025 No. 1206 (W. 195) Rating And Valuation, Wales The Non-Domestic Rating Contributions (Wales) (Amendment) Regulations 2025 Made 18 November 2025 Laid before Senedd Cymru 20 November 2025 Coming into force 31 December 2025 The Welsh Ministers make the following Regulations in exercise of the power conferred on them by paragraph 4(1) of Schedule 8 to the Local Government Finance Act 1988 . Title, coming into force and application 1 1 The title of these Regulations is the Non-Domestic Rating Contributions (Wales) (Amendment) Regulations 2025. 2 These Regulations come into force on 31 December 2025. 3 These Regulations apply in relation to a financial year beginning with or after 1 April 2026. Amendment to the Non-Domestic Rating Contributions (Wales) Regulations 1992 2 For Schedule 4 to the Non-Domestic Rating Contributions (Wales) Regulations 1992 (adult population figures) substitute the Schedule to these Regulations. Mark Drakeford Cabinet Secretary for Finance and Welsh Language, one of the Welsh Ministers 18 November 2025 SCHEDULE Regulation 2 SCHEDULE 4 ADULT POPULATION FIGURES Regulation 6(5) Billing authority area Prescribed figure Blaenau Gwent 54,427 Bridgend/Pen-y-bont ar Ogwr 118,745 Caerphilly/Caerffili 141,048 Cardiff/Caerdydd 308,167 Carmarthenshire/Sir Gaerfyrddin 154,363 Ceredigion 61,203 Conwy 94,543 Denbighshire/Sir Ddinbych 78,799 Flintshire/Sir y Fflint 125,121 Gwynedd 99,195 Isle of Anglesey/Ynys Môn 56,170 Merthyr Tydfil/Merthyr Tudful 46,421 Monmouthshire/Sir Fynwy 77,847 Neath Port Talbot/Castell-nedd Port Talbot 115,426 Newport/Casnewydd 129,773 Pembrokeshire/Sir Benfro 102,432 Powys 111,753 Rhondda Cynon Taf 194,146 Swansea/Abertawe 203,465 Torfaen 74,710 Vale of Glamorgan/Bro Morgannwg 107,571 Wrexham/Wrecsam 110,237 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend the Non-Domestic Rating Contributions (Wales) Regulations 1992 (“ the 1992 Regulations ”). Under Part 2 of Schedule 8 to the Local Government Finance Act 1988 (non-domestic rating: pooling), billing authorities (in Wales, county and county borough councils) are required to pay amounts (called non-domestic rating contributions) to the Welsh Ministers. The 1992 Regulations contain rules for the calculation of these contributions for Welsh billing authorities. These Regulations amend the 1992 Regulations by substituting a new Schedule 4 (adult population figures). The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations. 1988 c. 41 . Paragraph 4(1) of Schedule 8 was amended by paragraph 6(2) of Schedule 10 to the Local Government Finance Act 1992 (c. 14) and paragraph 7(2) of Schedule 3 to the Local Government Finance Act 2012 (c. 17) . S.I. 1992/3238 ; relevant amending instruments are S.I. 1993/3077 , 1994/3125 , 1995/3235 , 1996/3018 , 1997/3003 , 1998/2962 , 1999/3439 (W. 47) , 2000/3382 (W. 220) , 2001/3910 (W. 322) , 2002/3054 (W. 289) , 2003/3211 (W. 304) , 2004/3232 (W. 280) , 2005/3345 (W. 259) , 2006/3347 (W. 307) , 2007/3343 (W. 295) , 2008/2929 (W. 258) , 2009/3147 (W. 274) , 2010/2889 (W. 239) , 2011/2610 (W. 283) , 2012/3036 (W. 310) , 2013/3046 (W. 305) , 2014/3193 (W. 323) , 2015/1905 (W. 277) , 2016/1169 (W. 286) , 2017/1159 (W. 287) , 2018/1196 (W. 244) , 2019/1399 (W. 246) , 2020/1366 (W. 302) , 2021/1333 (W. 344) , 2022/1214 (W. 251) , 2023/1292 (W. 299) and 2024/1142 (W. 191) .
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[uk-legislation-uksi][uksi] 2025-11-20
http://www.legislation.gov.uk/wsi/2025/1192/made
http://www.legislation.gov.uk/wsi/2025/1192/made The Infrastructure (Wales) Act 2024 (Consequential, Transitional, Revocation and Saving Provisions) Regulations 2025 en King's Printer of Acts of Parliament 2025-11-20 INFRASTRUCTURE PLANNING, WALES The Infrastructure (Wales) Act 2024 (“the 2024 Act”) establishes a unified application and consenting process to enable the making and consideration of applications for infrastructure consent. The process applies to types of major infrastructure projects that are specified in Part 1 of the 2024 Act. Broadly, they are energy, transport, waste and water projects. 2025 No. 1192 (W. 193) Infrastructure Planning, Wales The Infrastructure (Wales) Act 2024 (Consequential, Transitional, Revocation and Saving Provisions) Regulations 2025 Made 11 November 2025 Laid before Senedd Cymru 17 November 2025 Coming into force in accordance with regulation 1(2) The Welsh Ministers, in exercise of the powers conferred on them by sections 144 and 146(6) of the Infrastructure (Wales) Act 2024 , by sections 61Z(4), (6), (9)(b) and (d) and 62R(2)(a) of the Town and Country Planning Act 1990 and by section 54(3), (4), (5) and (7) of the Planning and Compulsory Purchase Act 2004 , make the following Regulations. Title, coming into force and interpretation 1 1 The title of these Regulations is the Infrastructure (Wales) Act 2024 (Consequential, Transitional, Revocation and Saving Provisions) Regulations 2025. 2 These Regulations come into force on the following dates— a this regulation and regulations 21 and 22 on 14 December 2025; b all other regulations on 15 December 2025. 3 In these Regulations, “ the 2024 Act ” means the Infrastructure (Wales) Act 2024. PART 1 Amendment Provisions The Town and Country Planning (General Permitted Development) Order 1995 2 1 The Town and Country Planning (General Permitted Development) Order 1995 is amended as follows. 2 In Schedule 2, Part 17A, in paragraph A.2(1)(a), at the end of sub-paragraph (iii), insert— or iv an order granting infrastructure consent under the Infrastructure (Wales) Act 2024; . The Nuclear Industries Security Regulations 2003 3 1 The Nuclear Industries Security Regulations 2003 are amended as follows. 2 In regulation 2(1A), in the definition of “relevant consent” after sub-paragraph (e), insert— f infrastructure consent within the meaning of section 19 of the Infrastructure (Wales) Act 2024. The Planning (National Security Directions and Appointed Representatives) (Wales) Regulations 2006 4 1 The Planning (National Security Directions and Appointed Representatives) (Wales) Regulations 2006 are amended as follows. 2 In regulation 6— a in paragraph (4), omit “or development of national significance”; b in paragraph (8), omit the definition of “development of national significance”. 3 The Regulations referred to in paragraph (1) have effect as if the amendment in paragraph (2) had not been made so far as the provisions of those Regulations relate to a development to which sections 19 and 20 do not apply by virtue of section 146 of the 2024 Act. The Marine Works (Environmental Impact Assessment) Regulations 2007 5 1 The Marine Works (Environmental Impact Assessment) Regulations 2007 are amended as follows. 2 In regulation 2(1)— a after the definition of “the 2010 Act” insert— “ the 2024 Act ” means the Infrastructure (Wales) Act 2024; ; b in the definition of “appropriate authority”, in sub-paragraph (a), after “for Wales” insert “examining authority,” ; c after the definition of “environmental statement” insert— “ examining authority ” means the person or panel of persons appointed under section 40 of the 2024 Act; ; d after the definition of “harbour works” insert— “ infrastructure consent ” means the consent required by section 19 of the 2024 Act; “ infrastructure consent order ” means an order under the 2024 Act granting infrastructure consent; ; e in the definition of “regulatory approval”— i insert “or” at the end of paragraph (d); ii after sub-paragraph (d) insert— e an infrastructure consent order that grants infrastructure consent for development that will take place in the Welsh marine area, and for the purposes of paragraph (e) “ development ” has the meaning given by section 133 of the 2024 Act; ; f after the definition of “Wales” insert— “ Welsh marine area ” has the meaning given in section 143(1) of the 2024 Act; . 3 In regulation 3(4)(d) after the first reference to “Welsh Ministers” insert “, examining authority” . 4 In regulation 10A— a in sub-paragraph (4) after “for Wales” insert “or examining authority” ; b in paragraph (5)(a) after “for Wales” insert “or examining authority” . The Waste (England and Wales) Regulations 2011 6 1 The Waste (England and Wales) Regulations 2011 are amended as follows. 2 In regulation 16— a in paragraph (1), after the definition of “the 2008 Act” insert— “ the 2024 Act ” means the Infrastructure (Wales) Act 2024; “ infrastructure consent ” means the consent required by section 19 of the 2024 Act; ; b in paragraph (2)— i in sub-paragraph (f), omit “and”; ii at the end, insert— ; and h the 2024 Act. The Town and Country Planning (Development Management Procedure) (Wales) Order 2012 7 1 The Town and Country Planning (Development Management Procedure) (Wales) Order 2012 is amended as follows. 2 Omit article 1(4). 3 The Order referred to in paragraph (1) has effect as if the amendment in paragraph (2) had not been made so far as the provisions of that Order relate to a development to which sections 19 and 20 do not apply by virtue of section 146 of the 2024 Act. The Carbon Capture Readiness (Electricity Generating Stations) Regulations 2013 8 1 The Carbon Capture Readiness (Electricity Generating Stations) Regulations 2013 are amended as follows. 2 In regulation 2(1)— a after the definition of “the 2008 Act” insert— “ the 2024 Act ” means the Infrastructure (Wales) Act 2024; ; b after the definition of “devolved combustion plant” insert— “ infrastructure consent ” means a consent required by section 19 of the 2024 Act; “ infrastructure consent order ” means an order under the 2024 Act granting infrastructure consent; ; c after the definition of “relevant consent order” insert— “ relevant infrastructure consent order ” means an infrastructure consent order— for the construction of a devolved combustion plant; or for a relevant extension; ; d for the definition of “relevant planning authority” substitute— “ relevant planning authority ” means in relation to— consent required by section 19 of the 2024 Act, the Welsh Ministers; planning permission required under the 1990 Act, the local planning authority; ; e in the definition of “relevant planning permission” after the second reference to “planning permission”, insert “or infrastructure consent” . 3 In regulation 4— a in the heading, after “consent orders”, insert “and infrastructure consent orders” ; b in paragraph (1A), after “consent order” in each place it occurs, insert “or an infrastructure consent order” ; c in paragraph (3A)— i in sub-paragraph (b), after “consent order” in both places it occurs, insert “or a relevant infrastructure consent order” ; ii in the words after sub-paragraph (b), after “(as changed)”, insert “or infrastructure consent order (as changed)” . 4 In the heading of regulation 6A after “planning permission”, insert “and infrastructure consent” . 5 In regulation 6A— a in paragraph (1), after the second reference to “planning permission”, insert “or infrastructure consent” ; b in paragraph (4), after “planning permission”, insert “or infrastructure consent” . The Town and Country Planning (Fees for Applications, Deemed Applications and Site Visits) (Wales) Regulations 2015 9 1 The Town and Country Planning (Fees for Applications, Deemed Applications and Site Visits) (Wales) Regulations 2015 are amended as follows. 2 In regulation 10— a omit paragraph (3)(b) and the “or” before it; b in paragraph (9)— i at the end of sub-paragraph (a), insert “or” ; ii omit sub-paragraph (b). 3 The Regulations referred to in paragraph (1) have effect as if the amendments in paragraph (2) had not been made so far as the provisions of those Regulations relate to a development to which sections 19 and 20 do not apply by virtue of section 146 of the 2024 Act. The Planning (Hazardous Substances) (Wales) Regulations 2015 10 1 The Planning (Hazardous Substances) (Wales) Regulations 2015 are amended as follows. 2 In regulation 28 (other planning approvals for projects), in paragraph (6) after sub-paragraph (a) insert— aa deciding an application for infrastructure consent under Part 5 of the Infrastructure (Wales) Act 2024; . The Renewables Obligation Order 2015 11 1 The Renewables Obligation Order 2015 is amended as follows. 2 In article 88— a in paragraph (1)(b)— i in paragraph (ii), omit “or”; ii at the end insert— , or iv infrastructure consent under the Infrastructure (Wales) Act 2024 has been granted and any conditions as to the time period in which the development to which it relates must be begun have not been breached. ; b in paragraph (4), after “(1)” insert “(b)(ii)” ; c after paragraph (4), insert— 5 In paragraph (1)(b)(iv) “ development ” has the meaning given in section 133 of the Infrastructure (Wales) Act 2024. The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 12 1 The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 are amended as follows. 2 In regulation 1(4) after “Welsh Ministers” insert “or an application for infrastructure consent” . 3 In regulation 2(1)— a after the definition of “ the 1995 Act ” (“ Deddf 1995 ”) insert— “ the 2024 Act ” (“ Deddf 2024 ”) means the Infrastructure (Wales) Act 2024; ; b omit the definition of “ the 2016 Order ” (“ Gorchymyn 2016 ”) and insert— “ the 2025 Application Regulations ” (“ Rheoliadau Ceisiadau 2025 ”) means the Infrastructure Consent (Pre-Application and Application Procedure and Transitional Provisions) (Wales) Regulations 2025; “ the 2025 Examination Regulations ” (“ Rheoliadau Archwiliadau 2025 ”) means the Infrastructure Consent (Examination and Decision) (Procedure) (Wales) Regulations 2025; ; c in the definition of “ the consultees ” (“ yr ymgynghoreion ”)— i in paragraph (a) omit the words from “, by virtue of article 22” to the end of the sub-paragraph; ii after paragraph (c)(iii) insert— d in respect of an application for infrastructure consent made to the Welsh Ministers, any authority, body or person which they are required to consult by virtue of the 2024 Act or any provision made under that Act; e in respect of a subsequent application relating to an infrastructure consent, any authority, body, or person which the Welsh Ministers would be required to consult by virtue of the 2024 Act or any provision made under that Act if the application was for infrastructure consent; ; d in the definition of “ EIA application ” (“ cais AEA ”), in sub-paragraph (a), after “planning permission” insert “or infrastructure consent” ; e after the definition of “ environmental statement ” (“ datganiad amgylcheddol ”) insert— “ examining authority ” (“ awdurdod archwilio ”) means the person or panel of persons appointed under section 40 of the 2024 Act; ; f after the definition of “ further information ” (“ gwybodaeth bellach ”) insert— “ infrastructure consent ” (“ cydsyniad seilwaith ”) means consent required under section 19 of the 2024 Act; “ infrastructure consent order ” (“ gorchymyn cydsyniad seilwaith ”) means an order made under section 60 of the 2024 Act; “ infrastructure register ” (“ cofrestr seilwaith ”) means a register kept in accordance with section 128 of the 2024 Act or in accordance with provisions made under that section, and “ appropriate infrastructure register ” means the register on which particulars of the application for infrastructure consent for the relevant development have been placed or would be placed if such an application were made; ; g in the definition of “ initiating body ” (“ corff cychwyn ”)— i after “propose to” insert “give a notice of unauthorised development or” ; ii after “section 102 order” insert “, or the Welsh Ministers where they propose to make an order under section 90 of the 2024 Act” ; h in the definition of “ monitoring measure ” (“ mesur monitor ”) after “planning permission” insert “or infrastructure consent” ; i after the definition of “ monitoring measure ” (“ mesur monitor ”) insert— “ notice of unauthorised development ” (“ hysbysiad datblygiad anawdurdodedig ”) means a notice given under section 113 of the 2024 Act; ; j in the definition of “ relevant planning authority ” (“ awdurdod Cynllunio perthnasaol ”) omit sub-paragraph (a); k in the definition of “ Schedule 1 application ” (“ cais Atodlen 1 ”) and “ Schedule 2 application ” (“ cais Atodlen 2 ”) after “planning permission” insert “or infrastructure consent” ; l after the definition of “ sensitive area ” (“ ardal sensitif ”) insert— “ specified person ” (“ person penodedig ”) means a person, other than the Welsh Ministers or a planning authority, specified in an infrastructure consent order as the person to whom a subsequent application in relation to that infrastructure consent must be made; ; m in the definition of “ subsequent application ” (“ cais dilynol ”) after “planning permission”, in both places it appears, insert “or infrastructure consent” . 4 In regulation 2(6)— a after “may be” insert “, in relation to an application for planning permission,” ; b after “(service of notices)” insert “and in relation to an application for infrastructure consent or notice of unauthorised development, served or given in a manner specified in section 136 of the 2024 Act” . 5 In the heading of regulation 3 after “planning permission” insert “, infrastructure consent” . 6 In regulation 3— a after “Welsh Ministers” insert “or examining authority” ; b after “planning permission” insert “, infrastructure consent” . 7 In regulation 4(1)— a in paragraph (a) after “planning permission” insert “, or seeking infrastructure consent” ; b in paragraph (b) omit “or the 2016 Order” and insert “, the 2025 Application Regulations or the 2025 Examination Regulations” . 8 In regulation 6— a in paragraph (1) after “planning authority” insert “or specified person” ; b in paragraph (3)(b) after “planning authority” insert “or specified person” and after “planning permission” insert “or infrastructure consent order” ; c in paragraph (5) after “authority” insert “or specified person” ; d in paragraph (6) after “authority” insert “or specified person” ; e in paragraph (7) after “authority” insert “or specified person” ; f after paragraph (7) insert— 7A A specified person who adopts a screening opinion pursuant to paragraph (6) must also send a copy to the Welsh Ministers and any planning authority in whose area the development will take place. ; g in paragraph (8) after “authority” insert “or specified person” ; h in paragraph (9) after “authority” insert “or specified person” . 9 In regulation 7 after “authority”, in each place it appears, insert “or specified person” . 10 In the heading of Part 3 after “Planning Permission” insert “and Subsequent Applications” . 11 In regulation 9 after “planning authority”, in each place it appears, insert “, the Welsh Ministers or specified person” . 12 In regulation 10— a after “planning authority” in both places it appears, insert “, the Welsh Ministers or specified person” ; b after paragraph (2) insert— 3 Where paragraphs (5) and (6) of regulation 6 apply by virtue of this regulation “planning authority” is to be read as including the Welsh Ministers or specified person who has received the application for subsequent consent. ; 13 In regulation 14— a in paragraph (1) after “planning authority” insert “or specified person” ; b in paragraph (2)(b)(ii) after “planning authority” insert “or specified person” , and after “planning permission” insert “or infrastructure consent order” ; c in paragraph (3) after “authority” insert “or specified person” ; d in paragraph (4) after “authority” insert “or specified person” ; e in paragraph (5) after “authority”, in each place it appears” insert “or specified person” ; f after paragraph (5) insert— 5A Where a specified person adopts a scoping opinion they must send a copy to the Welsh Ministers and any planning authority in whose area the development will take place. ; g in paragraph (6) after “authority” insert “or specified person” ; h in paragraph (7) after “authority” insert “or specified person” ; i in paragraph (8) after “authority” insert “or specified person” ; j in paragraph (9) after “authority” insert “or specified person” . 14 In regulation 15, after “planning authority” in each place it appears, insert “or specified person” . 15 In regulation 16— a after paragraph (1) insert— 1A Any person who intends to submit an environmental statement to a specified person may give notice to the Welsh Ministers under this paragraph. ; b in paragraph (2) after “(1)” insert “or paragraph (1A)” ; c in paragraph (3)(a) after “(1)” insert “or paragraph (1A)” ; d omit “and” at the end of paragraph (3)(b)(i); e after paragraph (3)(b)(ii) insert— ; and iii in relation to a notice under paragraph (1A), notify the specified person. ; f in paragraph (4) after “authority” in each place it appears, insert “, specified person” ; g in paragraph (5) after “planning authority” insert “, specified person” . 16 In the heading of regulation 18 after “planning authority” insert “or specified person” . 17 In regulation 18— a in paragraph (1) after “planning authority” insert “or specified person” ; b in paragraph (3) after “authority”, in each place it appears, insert “or specified person” ; c in paragraph (4) after “planning authority” insert “or specified person” ; d after paragraph (5) insert— 5A Where an applicant submits an environmental statement to a specified person in accordance with paragraph (1), the provisions of regulations 25 (publicity for valid applications: website) and 26 (publicity for valid applications: notices) of the 2025 Application Regulations apply with the following modifications— a references to “application” are to “subsequent application”; b references to “Welsh Ministers” are to “specified person”; c references to “42 days” are to “30 days”; d regulation 26(5) and (6) do not apply. ; e in paragraph (6) after “planning authority” insert “or specified person” . 18 In the heading of regulation 19, after “planning application” insert “or subsequent application” . 19 In regulation 19— a in paragraph (2)(a) after “planning authority” insert “or specified person” ; b in paragraph(2)(d)(ii) after “planning permission” insert “or infrastructure consent order” ; c in paragraph (2)(f) after “planning authority” insert “or specified person” ; d in paragraph (2)(j) after “planning authority” insert “, specified person” ; e in paragraph (7) after “planning authority,” insert “specified person,” . 20 In regulation 21(1)(a) after “Welsh Ministers” insert “, examining authority” . 21 In regulation 24— a in paragraph (1)— i after “Welsh Ministers”, in both places it appears, insert “, examining authority, specified person” ; ii after “application”, in the first place it appears, insert “, subsequent application” ; iii after “application”, in the second place it appears, insert “or subsequent application” ; b in paragraph (2)(a) after “1990 Act” insert “or the 2024 Act” ; c in paragraph (3)(c) after “planning permission” insert “or infrastructure consent order” ; d in paragraph (3)(h) after “planning authority” insert “or the Welsh Ministers” ; e in paragraph (3)(l) after “Welsh Ministers” insert “, examining authority, specified person” ; f in paragraph (7) after “Welsh Ministers” insert “, examining authority, specified person” ; g in paragraph (10) after “Welsh Ministers” insert “, examining authority, specified person” . 22 In the heading of regulation 25 after “planning permission” insert “, infrastructure consent or subsequent consent” . 23 In regulation 25— a after “planning authority”, in each place it appears, insert “, examining authority, specified person” ; b after “planning permission” in each place it appears, insert “, infrastructure consent” . 24 In regulation 26(1) after “Welsh Ministers,” insert “examining authority or specified person” . 25 In regulation 27— a in paragraph (2)(b)— i after “planning permission” insert “, infrastructure consent” ; ii after “(or relevant part of that register)” insert “or appropriate infrastructure register” ; b after paragraph (3) insert— 4 Where particulars of an application for infrastructure consent or subsequent application are placed on an infrastructure register, the relevant planning authority and Welsh Ministers must place on the infrastructure register a copy of any— a screening opinion; b screening direction; c scoping opinion; d scoping direction; e notification given under regulation 32(2) (applications made without environmental statement); f direction under regulation 5(4) or (5); g environmental statement, including any further information and any other information; h statement of reasons accompanying any of the above. 5 Where before receiving a notice of proposed application in accordance with section 29 of the 2024 Act for the development in question, the Welsh Ministers a give a screening direction or scoping direction or a direction under regulation 5(4); or b receive a request under regulation 31(1) or 33(1), they must take steps to secure that a copy of the opinion, direction, request and any accompanying statement of reasons are made available for public inspection at all reasonable hours at the place where the appropriate infrastructure register is kept. 26 In regulation 28— a in paragraph (1) after “planning authority” insert “, examining authority, specified person” ; b in paragraph (2)(b) after “planning permission” insert “, infrastructure consent” ; c in paragraphs (2)(b)(i) and (iv) after “planning authority” insert “, examining authority, specified person” ; d in paragraph (2)(c) after “planning permission” insert “, infrastructure consent” . 27 In regulation 29(2)— a after “Welsh Ministers” in the first place it appears, insert “, examining authority, specified person” ; b after “Welsh Ministers” in the second place it appears, insert “or specified person if they have determined the application,” . 28 In the heading of Part 8, after “planning permission” insert “or infrastructure consent” . 29 In regulation 30(1) after “planning permission” in both places it appears, insert “or infrastructure consent” . 30 In regulation 31 omit paragraph (2)(e). 31 In regulation 32(6) after “planning permission” insert “or infrastructure consent” . 32 In regulation 33— a in paragraph (1) after “planning permission” insert “or infrastructure consent” ; b omit paragraph (2)(d). 33 In the heading of regulation 35 after “planning application” insert “or application for infrastructure consent” . 34 In regulation 35, in the restatement of regulation 19(2)(a), after “planning permission” insert “or infrastructure consent” . 35 In regulation 36 for “article 18(2) of the 2016 Order” substitute “regulation 24 of the 2025 Application Regulations” . 36 In the heading of regulation 40, at the beginning, insert “Notices of unauthorised development, orders under section 90 of the 2024 Act,” . 37 In regulation 40— a after paragraph (1) insert— 1A This regulation also applies where— a a local planning authority or the Welsh Ministers propose to give a notice of unauthorised development that requires a person to carry out EIA development, or b the Welsh Ministers propose to make an order under section 90 of the 2024 Act that modifies an infrastructure consent order. ; b after paragraph (2) insert— 2A The local planning authority or the Welsh Ministers must not give a notice of unauthorised development that would require a person to carry out Schedule 2 development unless the authority have requested and adopted a screening opinion or the Welsh Ministers have made a screening direction. 2B The Welsh Ministers must not make an order under section 90 of the 2024 Act in relation to Schedule 2 development unless they have made a screening direction. ; c in paragraph (3)(c)(i) after “proposal for” insert “a notice of unauthorised development, an order under section 90 of the 2024 Act,” ; d in paragraph (3)(c)(ii)— i after “falls to” insert “give a notice of unauthorised development,” ; ii after “section 102 order” insert “, or make the order under section 90 of the 2024 Act” ; e in paragraph (3)(c)(iv) after “proposal of” insert “a notice of unauthorised development that requires a person to carry out EIA development, an order made under section 90 of the 2024 Act that modifies an infrastructure consent for Schedule 1 development or Schedule 2 development, or” ; f in paragraph (5) after “must not” insert “give a notice of unauthorised development, or” ; g in paragraph (6)— i after “must not” insert “give a notice of unauthorised development, or” ; ii after “confirm or make” insert “an order made under section 90 of the 2024 Act,” ; h after paragraph (6) insert— 7 In this regulation and Schedule 6 references to an order made under section 90 of the 2024 Act are only to an order proposed to be made or made without an application being made under section 90(3) or (4) of the 2024 Act. 38 In regulation 42— a in the definition of “ enforcement functions ” (“ swyddogaethau gorfodi ”)— i in paragraph (e), omit “and”; ii after paragraph (f) insert— g the exercise of the power to enter land under section 106 of the 2024 Act (powers to enter land for enforcement purposes); h the serving of an information notice under section 111 of the 2024 Act (power to require information); i the giving of a notice of unauthorised development under section 113 of the 2024 Act (notice of unauthorised development); j the issue of a temporary stop notice under section 117 of the 2024 Act (power to issue a temporary stop notice); and k an application to the court for an injunction under section 122 of the 2024 Act (injunction to restrain prohibited activity); ; b in the definition of “ unauthorised EIA development ” (“ datblygiad AEA anawdurdodedig ”) at the end of the definition insert “or a notice of unauthorised development under section 113 of the 2024 Act” . 39 In regulation 56— a in paragraph (3)(c) after “planning permission” insert “, infrastructure consent order or order made under section 90 of the 2024 Act” ; b in paragraph (4) after “planning permission” insert “or infrastructure consent” . 40 In regulation 63(2) omit “other than an application under section 62D of the 1990 Act (developments of national significance: applications for planning permission),”. 41 In the heading of Schedule 6 at the beginning insert “Notices of unauthorised development, orders made under section 90 of the 2024 Act, and” . 42 In Schedule 6— a in paragraph 3 after “would fall to” insert “give a notice of unauthorised development or” ; b in paragraph 5(a) after “proposal for” insert “a notice of unauthorised development, an order made under section 90 of the 2024 Act,” ; c in paragraph 5(c) after “proposal for” insert “a notice of unauthorised development that requires a person to carry out EIA development, an order made under section 90 of the 2024 Act granting or modifying infrastructure consent for EIA development, or” ; d in paragraph 6— i after “refusing to” insert “give a notice of unauthorised development, or refusing to” ; ii at the end insert “, or refusing to make the order under section 90 of the 2024 Act” ; e in paragraph 7, in the restatement of regulation 14(1) after “proposed” insert “notice of unauthorised development, order made under section 90 of the 2024 Act,” ; f in paragraph 11, in the restatement of regulation 18— i in paragraph (1) after “related to” insert “a notice of unauthorised development, an order made under section 90 of the 2024 Act,” ; ii in paragraph (1)(a), after “draft” in the first place it appears, insert “notice of unauthorised development, draft order made under section 90 of the 2024 Act, draft” ; g in paragraph 12(b), in the restatement of regulation 19(2)(b) after “proposed” insert, “notice of unauthorised development, order made under section 90 of the 2024 Act,” ; h in paragraph 14, in the restatement of regulation 22— i in paragraph (1) after “propose to” insert “give a notice of unauthorised development or” ; ii after paragraph (2) insert— 2A Where the initiating body is the Welsh Ministers, they must send to any planning authority for the area in which the proposed development to which the notice of unauthorised development or order made under section 90 of the 2024 Act relates is located, a copy of the environmental statement prepared in relation to the proposed notice or order. ; iii in paragraph (3) after “paragraph (2)” insert “or (2A)” ; i in paragraph 16— i in sub-paragraph (a) after “whether to” insert “give a notice of unauthorised development or” and after “102 order” insert “or make an order under section 90 of the 2024 Act” ; ii omit “and” at the end of sub-paragraph (a); iii after sub-paragraph (b) insert— c “planning permission” read “a notice of unauthorised development, planning permission or infrastructure consent”; d “granted” read “given or granted”. ; j in paragraph 18, in the restatement of regulation 28(1)— i after “initiating body” insert “gives a notice of unauthorised development, or” ; ii after “makes” insert “an order under section 90 of the 2024 Act,” ; k in paragraph 19, in the restatement of regulation 29— i in paragraph (1) after “decision to” in the second place it appears, insert “give a notice of unauthorised development or” ; ii in paragraph (2) and (3) after “Where a” insert “notice of unauthorised development is given or a” ; iii in paragraph (3)(b) after “public inspection” insert “, in relation to a section 97 order or section 102 order” , and after “is kept” insert “, in any other case at any place that is reasonable in the circumstances” ; l in paragraph 20— i in sub-paragraph (b), in the restatement of paragraph 56(1)(a) after “permit by” insert “a notice of unauthorised development, an order made under section 90 of the 2024 Act,” ; ii at the end of sub-paragraph (b) omit “and”; iii in sub-paragraph (c) after “proposed” insert “notice of unauthorised development, order made under section 90 of the 2024 Act,” ; iv after sub-paragraph (c) insert— d in paragraph (3)(c) “planning permission” read “planning permission or infrastructure consent order”; and e in paragraph (4) “planning permission” read “planning permission or infrastructure consent”, and after the word “granted” is inserted “or a notice of unauthorised development is given” . 43 In Schedule 9, omit paragraph 2. 44 The Regulations referred to in paragraph (1) have effect as if the amendments in paragraphs (2) to (43) had not been made so far as the provisions of those Regulations relate to a development to which sections 19 and 20 do not apply by virtue of section 146 of the 2024 Act. The Conservation of Habitats and Species Regulations 2017 13 1 The Conservation of Habitats and Species Regulations 2017 are amended as follows. 2 In regulation 7(1)— a omit the “and” at the end of paragraph (b); b after sub-paragraph (c), insert— ; and d an examining authority appointed under section 40 of the Infrastructure (Wales) Act 2024. 3 In regulation 9(2)— a omit the “and” after sub-paragraph (m); b after sub-paragraph (n), insert— ; and o the Infrastructure (Wales) Act 2024. . 4 In regulation 65, after paragraph (4), insert— 5 Where the plan or project to which this regulation applies was consented to by an examining authority appointed under section 40 of the Infrastructure (Wales) Act 2024, the duties and functions in paragraphs (1) to (3) must be carried out by the Welsh Ministers. The Electricity (Offshore Generating Stations) (Applications for Consent) (Wales) Regulations 2019 14 1 The Electricity (Offshore Generating Stations) (Applications for Consent) (Wales) Regulations 2019 are amended as follows. 2 In regulation 2(1), after the definition of “ application ” (“ cais ”), insert— “ infrastructure consent development ” (“ datblygiad cydsyniad seilwaith ”) means any development in respect of which an applicant is applying for consent in accordance with the provisions of the Infrastructure (Wales) Act 2024; . 3 In regulation 3— a omit the “and” at the end of paragraph (a); b after paragraph (b), insert— ; and c any infrastructure consent development will be situated. The Electricity (Offshore Generating Stations) (Variation of Consents) (Wales) Regulations 2019 15 1 The Electricity (Offshore Generating Stations) (Variation of Consent) (Wales) Regulations 2019 are amended as follows. 2 In regulation 2— a after the definition of “ generating station ” (“ gorsaf gynhyrchu ”), insert— “ infrastructure consent development ” (“ datblygiad cydsyniad seilwaith ”) means any development associated with the relevant section 36 consent in respect of which— an order under section 60(1) or 90(1) of the Infrastructure (Wales) Act 2024 has been granted; or the applicant, on making a variation application, is making an application for consent under the provisions of the Infrastructure (Wales) Act 2024. ; b in the definition of “ proposed development ” (“ datblygiad arfaethedig ”)— i omit the “and” at the end of paragraph (b); ii after paragraph (c), insert— ; and d any infrastructure consent development in respect for which section 36 consent is not required; 3 In regulation 3(2)— a omit the “and” at the end of subparagraph (c), b after subparagraph (d) insert— e any order granted under section 60(1) or 90(1) of the Infrastructure (Wales) Act 2024 associated with the relevant section 36 consent; and f any application submitted for, or for variation of, an infrastructure consent associated with the relevant section 36 consent, made in accordance with the provisions of the Infrastructure (Wales) Act 2024. The Electricity (Offshore Generating Stations) (Inquiries Procedure) (Wales) Regulations 2019 16 1 The Electricity (Offshore Generating Stations) (Inquiries Procedure) (Wales) Regulations 2019 are amended as follows. 2 In regulation 2(1)— a after the definition of “ electronic communication ” (“ cyfathrebiad electronig ”), insert— “ infrastructure consent development ” (“ datblygiad cydsyniad seilwaith ”) means any development in respect of which an applicant is applying for consent in accordance with the provisions of the Infrastructure (Wales) Act 2024. ; b in the definition of “ place ” (“ lle ”)— i omit the “and” at the end of paragraph (a); ii after paragraph (b), insert— ; and c any infrastructure consent development will be situated; The Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024 17 1 The Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024 are amended as follows. 2 In Schedule 4, omit paragraphs 11 to 13 and their headings. 3 The Regulations referred to in paragraph (1) have effect as if the amendment in paragraph (2) had not been made so far as the provisions of those Regulations relate to a development to which sections 19 and 20 do not apply by virtue of section 146 of the 2024 Act. The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 18 1 The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 are amended as follows. 2 Omit regulations 75 to 83. 3 The Regulations referred to in paragraph (1) have effect as if the amendment in paragraph (2) had not been made so far as the provisions of those Regulations relate to a development to which sections 19 and 20 do not apply by virtue of section 146 of the 2024 Act. The Applications for Scheduled Monument Consent (Wales) Regulations 2024 19 1 The Applications for Scheduled Monument Consent (Wales) Regulations 2024 are amended as follows. 2 Omit regulation 4 and its heading. 3 The Regulations referred to in paragraph (1) have effect as if the amendment in paragraph (2) had not been made so far as the provisions of those Regulations relate to a development to which sections 19 and 20 do not apply by virtue of section 146 of the 2024 Act. PART 2 Transitional, revocation and savings provisions Transitional provision 20 1 For the purposes of section 146(2)(a) of the 2024 Act, an application described in the first column of the following table is not made until the requirements in the second column of that table which are applicable to the application are met— An application for planning permission under Part 3 of the Town and Country Planning Act 1990, other than under section 62D; Article 22(3) of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 . An application for planning permission under section 62D of the Town and Country Planning Act 1990 ; Article 12(1) to (4) and (8), article 12A as may be inserted by regulation 41(c) of the Developments of National Significance (Wales) Regulations 2016 , and article 13, if applicable, of the Developments of National Significance (Procedure) (Wales) Order 2016 . An application for consent under section 36 of the Electricity Act 1989 ; Regulation 3 of the Electricity (Offshore Generating Stations) (Applications for Consent) (Wales) Regulations 2019 . An application for authorisation under Chapter 3 of Part 2 (control of works affecting scheduled monuments) of the Historic Environment (Wales) Act 2023 ; Section 14 of the Historic Environment (Wales) Act 2023 and regulation 2 of Applications for Scheduled Monument Consent (Wales) Regulations 2024 . An application for authorisation under Chapter 2 of Part 3 (control of works affecting listed buildings) of the Historic Environment (Wales) Act 2023; Sections 90(2) and 106(2) and (3)(a) of the Historic Environment (Wales) Act 2023, and regulations 3, 4, 6, 19 and 21 of the Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024 . An application for authorisation under Part 4 (control of demolition in conservation areas), of the Historic Environment (Wales) Act 2023 ( see section 163 of that Act); Sections 90(2) and 106(2) and (3)(a) of the Historic Environment (Wales) Act 2023, and regulations 3, 4, 6, 19 and 21 of the Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024 . An order under section 14 or section 16 of the Harbours Act 1964 ; Paragraph 7 of Schedule 3 to the Harbours Act 1964 . An order under section 1 or 3 of the Transport and Works Act 1992 . Rules 9 to 12 of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 . 2 For the purposes of section 146(2)(b) of the 2024 Act, a notification under section 62E(1) of the Town and Country Planning Act 1990 is not made until the requirements of article 5 of the Developments of National Significance (Procedure) (Wales) Order 2016, as may be modified by regulation 41(a) of the Developments of National Significance (Wales) Regulations 2016 are met. 3 For the purposes of section 146(2)(c) of the 2024 Act, an order or scheme in the first column of the following table is not treated as being under consideration until the requirement in the second column of that table is met— An order under section 10 of the Highways Act 1980 (directing that highway should become trunk road); The publication of a draft of the order in accordance with Schedule 1 to the Highways Act 1980, paragraph 1 . An order under section 14 of the Highways Act 1980 (supplementary orders relating to trunk roads); The publication of a draft of the order in accordance with Schedule 1 to the Highways Act 1980, paragraph 1. An order under section 16 of the Highways Act 1980 (schemes authorising the provision of special roads); The publication of a draft of the order in accordance with Schedule 1 to the Highways Act 1980, paragraph 10 . An order under section 18 of the Highways Act 1980 (supplementary orders relating to special roads); The publication of a draft of the order in accordance with Schedule 1 to the Highways Act 1980, paragraph 1. An order under section 106 of the Highways Act 1980 (orders and schemes providing for construction of bridges over or tunnels under navigable waters); The publication of a draft of the order in accordance with Schedule 1 to the Highways Act 1980, paragraph 1. An order under section 108 of the Highways Act 1980 (orders authorising the diversion of navigable watercourses); The publication of a draft of the order in accordance with Schedule 1 to the Highways Act 1980, paragraph 1. An order under section 6 of the New Roads and Street Works Act 1991 (toll orders). The publication of a draft of the order in accordance with Schedule 1 to the New Roads and Street Works Act 1991, paragraph 1 or 2, as the case may be. 4 For the purposes of section 146(3)(b), an application is not made under section 62D of the Town and Country Planning Act 1990 until the requirements of articles 12(1) to (4) and (8) and 13 of the Developments of National Significance (Procedure) (Wales) Order 2016 which are applicable to the application are met. 5 In this regulation— development” (“ datblygiad ”) has the meaning given in section 133 of the 2024 Act; “ planning authority ” (“ awdurdod cynllunio ”) means a local planning authority within the meaning given by Part 1 of the Town and Country Planning Act 1990. . Revocation provision 21 Subject to savings the following instruments are revoked— a the Developments of National Significance (Specified Criteria and Prescribed Secondary Consents) (Wales) Regulations 2016 ; b the Developments of National Significance (Application of Enactments) (Wales) Order 2016 ; c the Developments of National Significance (Procedure) (Wales) Order 2016; d the Developments of National Significance (Wales) Regulations 2016; e the Developments of National Significance (Fees) (Wales) Regulations 2016 ; f the Developments of National Significance (Specified Criteria and Prescribed Secondary Consents) (Wales) (Amendment) Regulations 2016 ; g the Developments of National Significance (Specified Criteria, Fees and Fees for Deemed Applications) (Wales) (Amendment) Regulations 2019 ; h the Developments of National Significance (Wales) (Amendment) Regulations 2019 ; i the Developments of National Significance (Procedure) (Wales) (Amendment) Order 2019 ; j the Developments of National Significance (Wales) (Amendment) Regulations 2024 ; k the Developments of National Significance (Fees) (Wales) (Amendment) Regulations 2024 . Saving provision 22 Section 146(10) of the 2024 Act saves the provisions of the Town and Country Planning Act 1990 as if the amendments in paragraph 4 of Schedule 3 to the 2024 Act had not been made, in so far as they relate to a development to which sections 19 and 20 of the 2024 Act do not apply by virtue of section 146 of that Act, and accordingly the instruments referred to in regulation 21 continue to apply to such a development. Rebecca Evans Cabinet Secretary for Economy, Energy and Planning 11 November 2025 EXPLANATORY NOTE (This note is not part of the Regulations) The Infrastructure (Wales) Act 2024 (“ the 2024 Act ”) establishes a unified application and consenting process to enable the making and consideration of applications for infrastructure consent. The process applies to types of major infrastructure projects that are specified in Part 1 of the 2024 Act. Broadly, they are energy, transport, waste and water projects. The new process under the 2024 Act replaces, fully or partially, a number of existing statutory regimes for the consenting of significant infrastructure projects, including in particular, planning permission for developments of national significance under Part 3 of the Town and Country Planning Act 1990 (“ the 1990 Act ”). To the extent that consent under section 19 of the 2024 Act is required for development, the consents referred to in section 20 of the 2024 Act are either not required for, or may not authorise, development. Regulations 2 to 19 make amendments to secondary legislation which are consequential on the 2024 Act. In particular they ensure the 2024 Act is referenced where appropriate. References to developments of national significance are omitted except to the extent that they are required for the purposes of operation of the transitional provision in section 146 of the 2024 Act. Regulation 20 makes transitional provision which is supplementary to section 146 of the 2024 Act. Regulation 21 revokes regulations relating to developments of national significance. Regulation 22 reflects the saving provision in section 146(10) of the 2024 Act. The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment. 2024 asc 3 . 1990 c. 8 . Section 61Z was inserted by section 17(3) of the Planning (Wales) Act 2015 (anaw 4) (“ the 2015 Act ”). Section 62R was inserted by section 25 of the 2015 Act. There are other amendments but none is relevant to these Regulations. The functions of the Secretary of State were transferred to the National Assembly for Wales by article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 ( S.I. 1999/672 ); see the entry in Schedule 1 for the Town and Country Planning Act 1990. The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of section 162 of, and paragraphs 30 and 32 of Schedule 11 to, the Government of Wales Act 2006 (c. 32) . 2004 c. 5 . S.I. 1995/418 , amended by S.I. 2019/330 ; there are other amending instruments but none is relevant to these Regulations. S.I. 2003/403 , regulation (2)(1A) was inserted by S.I. 2013/190 ; there are other amending instruments but none is relevant to these Regulations. S.I. 2006/1387 (W. 137) , amended by S.I. 2016/56 (W. 26) ; there are other amending instruments but none is relevant to these Regulations. S.I. 2007/1518 , amended by S.I. 2011/735 , S.I. 2013/755 (W. 90) , S.I. 2015/446 , S.I. 2017/588 , S.I. 2018/287 , S.I. 2019/25 and S.I. 2025/82 ; there are other amendments but none is relevant to Wales. S.I. 2011/988 , amended by S.I. 2024/924 ; there are other amending instruments but none is relevant to these Regulations. S.I. 2012/801 (W. 110) , amended by S.I. 2016/55 (W. 25) ; there are other amending instruments but none is relevant to these Regulations. S.I. 2013/2696 , amended by S.I. 2019/294 . S.I. 2015/1522 (W. 179) , amended by S.I. 2019/283 (W. 65) ; there are other amending instruments but none is relevant to these Regulations. S.I. 2015/1597 (W. 196) , amended by S.I. 2019/456 (W. 109) and S.I. 2024/924 (W. 196) ; there are other amending instruments but none is relevant to these Regulations. S.I. 2015/1947 , to which there are amendments not relevant to these Regulations. S.I. 2017/567 (W. 136) , amended by S.I. 2017/1012 , S.I. 2019/245 (W. 60) and S.I. 2024/924 (W. 151) ; there are other amending instruments but none is relevant to these Regulations. S.I. 2017/1012 , there are amendments not relevant to these Regulations. S.I. 2019/295 (W. 73) . S.I. 2019/297 (W. 75) . S.I. 2019/304 (W. 77) . S.I. 2024/930 (W. 155) , amended by S.I. 2024/1258 (W. 211) . S.I. 2024/924 (W. 151) , amended by S.I. 2024/1258 (W. 211) . S.I. 2024/932 (W. 156) . S.I. 2012/801 (W. 110) , amended by S.I. 2016/59 (W. 29) ; there are other amending instruments but none is relevant to these Regulations. Section 62D was inserted by section 19 of the Planning (Wales) Act 2015 (anaw 4) . S.I. 2016/56 (W. 26) . S.I. 2016/55 (W. 25) , modified by S.I. 2016/56 (W. 26) , amended by S.I. 2019/290 (W. 68) , there is another amending instrument which is not relevant. 1989 c. 29 . Section 36 was amended by the Energy Act 2004 (c. 20) , sections 78, 93(1) and (3), by the Planning Act 2008 (c. 29) (“ the 2008 Act ”), Schedule 2, paragraphs 31 and 32, by the Wales Act 2017 (c. 4) , section 39(7) to (11), Schedule 6, Part 3, paragraph 47 and by the Infrastructure (Wales) Act 2024, Schedule 3, paragraph 3(1) and (2); there are other amendments but none is relevant to these Regulations. S.I. 2019/295 , to which there are amendments not relevant to these Regulations. 2023 asc 3 . S.I. 2024/932 (W. 156) , to which there are amendments not relevant to these Regulations. S.I. 2024/930 (W. 155) , to which there are amendments not relevant to these Regulations. S.I. 2024/930 (W. 155) , to which there are amendments not relevant to these Regulations. 1964 c. 40 (“ the 1964 Act ”). The functions of the appropriate Minister under sections 14 and 16 were transferred to the National Assembly for Wales so far as they relate to fishery harbours in Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 ( S.I. 1999/672 ) (“ the 1999 Order ”), article 2(a) and the entry in Schedule 1 in relation to the 1964 Act, as amended by the National Assembly for Wales (Transfer of Functions) Order 2000 ( S.I. 2000/253 , article 4 and Schedule 3(a)). Those functions were transferred to the Welsh Ministers by the Government of Wales Act 2006 (c. 32) (“ the 2006 Act ”), Schedule 11, paragraph 30. Section 29 of the Wales Act 2017 (c. 4) (“ the 2017 Act ”) transferred functions in relation to harbours that are wholly in Wales other than a reserved trust port under sections 14 and 16 of the 1964 Act (so far as not previously transferred) to the Welsh Ministers. Section 30(2), (6) and (7) of the 2017 Act make further relevant amendments to the 1964 Act. Sections 14 and 16 were amended by the Infrastructure (Wales) Act 2024 asc 3 (“ the 2024 Act ”), Schedule 3 paragraph 1. There are other amendments but none is relevant to this instrument. Paragraph 7 was substituted by S.I. 2017/1070 , Schedule 1 paragraph 8(9). 1992 c. 42 (“ the 1992 Act ”). Sections 1 and 3 were amended by the 2024 Act, Schedule 3, paragraph 7. There are other amendments but none is relevant to this instrument. Functions of the Secretary of State under sections 1 and 3 of the 1992 Act were transferred to the National Assembly for Wales by the 1999 Order, article 2 and the entry in relation to the 1992 Act in Schedule 1 of that Order. Those functions were transferred to the Welsh Ministers by the Government of Wales Act 2006 (c. 32) (“ the 2006 Act ”), Schedule 11, paragraph 30. S.I. 2006/1466 ; relevant amending instruments are S.I. 2013/755 (W. 90) , S.I. 2017/1070 , S.I. 2023/795 , S.I. 2024/924 (W.151) . Section 62E was inserted by section 19 of the Planning (Wales) Act 2015 (anaw 4) . 1980 c. 66 (“ the 1980 Act ”). Section 10 was amended by the New Roads and Street Works Act 1991 (c. 22) , section 22(2) and the Infrastructure Act 2015 (c. 7) , section 1(6) and paragraph 10 of Schedule 1. The functions of the Secretary of State under the 1980 Act were transferred to the National Assembly for Wales so far as exercisable in relation to Wales by the 1999 Order, article 2(a) and the entry in Schedule 1 in relation to the 1990 Act. Those functions were transferred to the Welsh Ministers by the 2006 Act, Schedule 11, paragraph 30. Paragraph 1 was amended by the Infrastructure Act 2015 (c. 7) (“ the 2015 Act ”), section 57(1) and paragraph 63(2) of Schedule 1. Section 14 was amended by the Water Act 1989 (c. 15) (“ the 1989 Act ”), Part 1 of Schedule 27 and by the 2015 Act, paragraph 12 of Schedule 1; there are other amendments not relevant to this instrument. Section 16 was amended by the Planning Act 2008 (c. 29) (“ the 2008 Act ”), section 36 and paragraphs 21 and 24 of Schedule 2; by the 2015 Act, section 1(6) and paragraphs 1 and 13(1) to (4) of Schedule 1 and by the 2024 Act, section 145 and paragraph 2(1) and (4) of Schedule 3. Schedule 1 was amended by the 2015 Act, section 1(6) and paragraphs 1 and 63(1) and (7) of Schedule 1; there are other amendments not relevant to this instrument. Section 18 was amended by the 2008 Act, section 36 and paragraphs 21 and 25 of Schedule 2; by the 2024 Act, section 145 and paragraph 2(1) and (5) of Schedule 3; by the 1989 Act, section 190 and Part 1 of Schedule 27; by the 2015 Act, section 1(6) and paragraphs 1 and 14 of Schedule 1; by the Local Government Act 1985 (c. 51) , section 102 and Schedule 17 and by the Statute Law (Repeals) Act 1995 (c. 44) , section 1 and Schedule 1, Part V. Section 106 was amended by the 2008 Act, section 36 and paragraphs 21 and 26 of Schedule 2; by the 2024 Act, section 145 and paragraph 2(1) and (6) of Schedule 3 and by the 2015 Act, section 1(6) and paragraphs 1 and 34(1) and (3) of Schedule 1; there are other amendments not relevant to this instrument. Section 108 was amended by the 2008 Act, section 36 and paragraphs 21 and 27 of Schedule 2; by the 2024 Act, section 145 and paragraph 2(1) and (7) of Schedule 3 and by the 2015 Act, section 1(6) and paragraphs 1 and 35 of Schedule 1. 1991 c. 22 (“ the 1991 Act ”). Section 6 was amended by the 2008 Act, section 36 and paragraphs 48 and 49 of Schedule 2 and by the 2024 Act, section 145 and paragraph 6 of Schedule 3; there are other amendments not relevant to this instrument. The functions of the Secretary of State under the 1991 Act were transferred to the National Assembly for Wales so far as exercisable in relation to Wales by the 1999 Order, article 2(a) and the entry in Schedule 1 in relation to the 1990 Act. Those functions were transferred to the Welsh Ministers by the 2006 Act, Schedule 11, paragraph 30. S.I. 2016/53 (W. 23) . S.I. 2016/54 (W. 24) . S.I. 2016/57 (W. 27) . S.I. 2016/358 (W. 111) . S.I. 2019/283 (W. 65) . S.I. 2019/288 (W. 67) . S.I. 2019/290 (W. 68) . S.I. 2024/1256 (W. 210) . S.I. 2024/1325 (W. 224) .
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[uk-legislation-uksi][uksi] 2025-11-20 The Education (Inspectors of Education and Training in Wales) Order 2025
http://www.legislation.gov.uk/uksi/2025/1184/made
http://www.legislation.gov.uk/uksi/2025/1184/made The Education (Inspectors of Education and Training in Wales) Order 2025 en King's Printer of Acts of Parliament 2025-11-17 EDUCATION, WALES This Order appoints the persons named in the Schedule as His Majesty’s Inspectors of Education and Training in Wales or Arolygwyr Ei Fawrhydi dros Addysg a Hyfforddiant yng Nghymru. 2025 No. 1184 Education, Wales The Education (Inspectors of Education and Training in Wales) Order 2025 Made 12th November 2025 Coming into force 20th November 2025 At the Court at Buckingham Palace, the 12th day of November 2025 Present, The King’s Most Excellent Majesty in Council His Majesty, in exercise of the powers conferred by section 19(2) of the Education Act 2005 is pleased, by and with the advice of His Privy Council, to order as follows: Citation and commencement 1 This Order may be cited as the Education (Inspectors of Education and Training in Wales) Order 2025 and comes into force on 20th November 2025. Appointment of His Majesty’s Inspectors of Education and Training in Wales or Arolygwyr Ei Fawrhydi dros Addysg a Hyfforddiant yng Nghymru 2 The persons named in the Schedule to this Order are appointed as His Majesty’s Inspectors of Education and Training in Wales or Arolygwyr Ei Fawrhydi dros Addysg a Hyfforddiant yng Nghymru. Richard Tilbrook Clerk of the Privy Council SCHEDULE Article 2 Persons appointed as His Majesty’s Inspectors of Education and Training in Wales or Arolygwyr Ei Fawrhydi dros Addysg a Hyfforddiant yng Nghymru. Andrew Brassington Dean Curtis Matthew Goulding Nathan Horleston Gerallt Jones Lisa Lewis Penny Peet EXPLANATORY NOTE (This note is not part of the Order) This Order appoints the persons named in the Schedule as His Majesty’s Inspectors of Education and Training in Wales or Arolygwyr Ei Fawrhydi dros Addysg a Hyfforddiant yng Nghymru. 2005 c. 18 . The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of the Government of Wales Act 2006 (c. 32) , Schedule 11, paragraph 30.
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[uk-legislation-uksi][uksi] 2025-11-20 The Social Security (Contributions) (Amendment No. 7) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1132/made
http://www.legislation.gov.uk/uksi/2025/1132/made The Social Security (Contributions) (Amendment No. 7) Regulations 2025 King's Printer of Acts of Parliament 2025-10-29 SOCIAL SECURITY These Regulations amend the Social Security (Contributions) Regulations 2001 (S.I. 2001/1004) to provide that a payment made to persons under the Post Office Capture Redress Scheme or to nominated individuals is disregarded in the calculation of earnings for the purpose of establishing liability to Class 1 National Insurance Contributions. 2025 No. 1132 SOCIAL SECURITY The Social Security (Contributions) (Amendment No. 7) Regulations 2025 Made 28th October 2025 Laid before Parliament 29th October 2025 Coming into force 20th November 2025 The Treasury make these Regulations in exercise of the powers conferred by section 3(2) and (3) of the Social Security Contributions and Benefits Act 1992 , and section 3(2) and (3) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and now exercisable by them. The Secretary of State and the Department for Communities concur in the making of these Regulations. Citation and commencement 1 These Regulations may be cited as the Social Security (Contributions) (Amendment No. 7) Regulations 2025 and come into force on 20th November 2025. Amendment of the Social Security (Contributions) Regulations 2001 2 In Part 10 of Schedule 3 to the Social Security (Contributions) Regulations 2001 (payments to be disregarded in the calculation of earnings for the purposes of earnings-related contributions) after paragraph 32 insert— Post Office Capture Redress Scheme payments 33 1 A payment of compensation made by the Department for Business and Trade to a person under the Post Office Capture Redress Scheme or to a nominated individual. 2 A relevant onward payment of a payment defined in paragraph (1). 3 In this paragraph— “ the Capture system ” means any version of the computer system used by Post Office Limited known as Capture or the Capture Accounting System; “ nominated individual ” means any person who was a shareholder or a director of a company or a partner in a partnership which ceased to exist and that would have been eligible for compensation under the Post Office Capture Redress Scheme; “ Post Office Capture Redress Scheme ” means the scheme announced by His Majesty’s Government on 19th June 2025 to compensate people adversely affected by the Capture system; “ Post Office Limited ” has the same meaning as in paragraph 26(3); “ relevant onward payment ” has the same meaning as in paragraph 28(5). . Christian Wakeford Stephen Morgan Two of the Lords Commissioners of His Majesty's Treasury 28th October 2025 The Secretary of State concurs as indicated in the preamble. Signed by authority of the Secretary of State for Work and Pensions. Stephen Timms Minister of State Department for Work and Pensions 22nd October 2025 The Department for Communities concurs as indicated in the preamble. Sealed with the Official Seal of the Department for Communities on 21st October 2025. David Tarr A senior officer of the Department for Communities 21st October 2025 Explanatory Note (This note is not part of the Regulations) These Regulations amend the Social Security (Contributions) Regulations 2001 ( S.I. 2001/1004 ) to provide that a payment made to persons under the Post Office Capture Redress Scheme or to nominated individuals is disregarded in the calculation of earnings for the purpose of establishing liability to Class 1 National Insurance Contributions. The Department for Business and Trade makes payments under the Post Office Capture Redress Scheme and to nominated individuals to compensate those who have been adversely affected by the Capture system. Relevant onward payments are payments made by a company who is a recipient of a payment under the Post Office Capture Redress Scheme to an individual who is or was a director or employee of that company for the purpose of passing on all or part of that compensation payment to that individual. A Tax Information and Impact Note covering this instrument will be published on the website at: https://www.gov.uk/government/collections/tax-information-and-impact-notes-tiins . 1992 c. 4 . Section 3(2) was amended by paragraph 3 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) , so that the power to make regulations became exercisable by the Treasury with the concurrence of the Secretary of State. 1992 c. 7 . (“ the 1992 NI Act ”). Section 3(2) was amended by paragraph 4 of Schedule 3 to S.I. 1999/671 so that the power to make regulations became exercisable by the Treasury with the concurrence of the Department of Health and Social Services for Northern Ireland. The functions of the Department of Health and Social Services for Northern Ireland under the 1992 NI Act were transferred to the Department for Social Development by Article 8(b) of, and Part 2 of Schedule 6 to, the Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 ( S.R. 1999 No 481 ). The Department for Social Development was renamed the Department for Communities by section 1(7) of the Departments Act (Northern Ireland) 2016 (c. 5 (N.I.)) . S.I. 2001/1004 ; amended by S.I. 2011/225 , 2023/186 , 2024/187 and 2025/429 . There are other amending instruments but none is relevant.
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[uk-legislation-uksi][uksi] 2025-11-20 The Post Office Capture Redress Scheme (Tax Exemptions and Relief) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1130/made
http://www.legislation.gov.uk/uksi/2025/1130/made The Post Office Capture Redress Scheme (Tax Exemptions and Relief) Regulations 2025 King's Printer of Acts of Parliament 2025-10-29 CAPITAL GAINS TAX CORPORATION TAX INCOME TAX INHERITANCE TAX These Regulations provide for exemptions from capital gains tax, corporation tax and income tax and a relief from inheritance tax for payments received under the Post Office Capture Redress Scheme and for payments made to nominated individuals. 2025 No. 1130 CAPITAL GAINS TAX CORPORATION TAX INCOME TAX INHERITANCE TAX The Post Office Capture Redress Scheme (Tax Exemptions and Relief) Regulations 2025 Made 28th October 2025 Laid before the House of Commons 29th October 2025 Coming into force 20th November 2025 The Treasury make these Regulations in exercise of the powers conferred by paragraphs 2(5), 3(5), 4(3)(c) and 5(7) of Part 1 and 7(1)(e), 7(3), 9(3)(b) and (d) and (4) and 10(3)(b), (4)(b) and (5) of Part 2 of Schedule 15 to the Finance Act 2020 . Citation and commencement 1 These Regulations may be cited as the Post Office Capture Redress Scheme (Tax Exemptions and Relief) Regulations 2025 and come into force on 20th November 2025. Interpretation 2 1 In these Regulations— “ the Capture system ” means any version of the computer system used by Post Office Limited known as Capture or the Capture Accounting System; “ nominated individual ” means any person who was a shareholder or a director of a company or a partner in a partnership which ceased to exist and that would have been eligible for compensation under the Post Office Capture Redress Scheme; “ Post Office Capture Redress Scheme ” means the scheme announced by His Majesty’s Government on 19th June 2025 to compensate people adversely affected by the Capture system. 2 For the purposes of provision in these Regulations made under Part 1 of Schedule 15 to the Finance Act 2020, “ Post Office Limited ” has the same meaning as it does in Part 2 of that Schedule . Exemption from income tax for payments made under the Post Office Capture Redress Scheme 3 1 A payment of compensation made by the Department for Business and Trade to a person under the Post Office Capture Redress Scheme or to a nominated individual is a qualifying payment for the purposes of paragraph 3 of Part 1 of Schedule 15 to the Finance Act 2020. 2 This regulation has effect in relation to payments received on or after 27th October 2025. Exemption from capital gains tax for payments made under the Post Office Capture Redress Scheme 4 1 A payment of compensation made by the Department for Business and Trade to a person under the Post Office Capture Redress Scheme or to a nominated individual is a qualifying payment for the purposes of paragraph 4 of Part 1 of Schedule 15 to the Finance Act 2020. 2 This regulation has effect in relation to disposals made on or after 27th October 2025. Relief from inheritance tax for payments made under the Post Office Capture Redress Scheme 5 1 A payment of compensation made by the Department for Business and Trade to a person under the Post Office Capture Redress Scheme or to a nominated individual is a qualifying payment for the purposes of paragraph 5 of Part 1 of Schedule 15 to the Finance Act 2020. 2 This regulation has effect in relation to deaths occurring on or after 27th October 2025. Exemption from corporation tax for payments made under the Post Office Capture Redress Scheme 6 1 A payment of compensation made by the Department for Business and Trade to a person under the Post Office Capture Redress Scheme or to a nominated individual is a relevant compensation payment for the purposes of Part 2 of Schedule 15 to the Finance Act 2020. 2 This regulation has effect in relation to payments received on or after 27th October 2025. Exemption from income tax and capital gains tax for relevant onward payments for payments made under the Post Office Capture Redress Scheme 7 1 Paragraph 10(3)(b) of Part 2 of Schedule 15 to the Finance Act 2020 has effect in relation to payments received on or after 27th October 2025 for payments made under the Post Office Capture Redress Scheme. 2 Paragraph 10(4)(b) of Part 2 of Schedule 15 to the Finance Act 2020 has effect in relation to disposals made on or after 27th October 2025 for payments made under the Post Office Capture Redress Scheme. Christian Wakeford Stephen Morgan Two of the Lords Commissioners of His Majesty's Treasury 28th October 2025 Explanatory Note (This note is not part of the Regulations) These Regulations provide for exemptions from capital gains tax, corporation tax and income tax and a relief from inheritance tax for payments received under the Post Office Capture Redress Scheme and for payments made to nominated individuals. Relevant onward payments made by companies will be exempt from income tax and capital gains tax. The Department for Business and Trade makes payments under the Post Office Capture Redress Scheme and to nominated individuals to compensate those who have been adversely affected by the Capture system. These exemptions and the relief apply with retrospective effect in accordance with regulations 3(2), 4(2), 5(2), 6(2), 7(1) and 7(2) under the powers in paragraphs 3(5), 4(3)(c), 5(7), 9(4) and 10(5) of Schedule 15 to the Finance Act 2020. A Tax Information and Impact Note covering this instrument will be published on the website at https://www.gov.uk/government/collections/tax-information-and-impact-notes-tiins . 2020 c. 14 . Schedule 15 was amended by section 12 of the Finance Act 2024 (c. 3) . “Post Office Limited” is defined in paragraph 13 of Part 2 of Schedule 15 to the Finance Act 2020.
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[uk-legislation-uksi][uksi] 2025-11-21
http://www.legislation.gov.uk/wsi/2025/1217/made
http://www.legislation.gov.uk/wsi/2025/1217/made The Local Government (Standards Committees and Member Conduct) (Miscellaneous Amendments) (Wales) Regulations 2025 en King's Printer of Acts of Parliament 2025-11-21 LOCAL GOVERNMENT, WALES These Regulations amend—the Standards Committees (Wales) Regulations 2001 (“the 2001 Regulations”),the Conduct of Members (Principles) (Wales) Order 2001 (“the 2001 Order”), andthe Local Authorities (Model Code of Conduct) (Wales) Order 2008 (“the 2008 Order”). 2025 No. 1217 (W. 199) Local Government, Wales The Local Government (Standards Committees and Member Conduct) (Miscellaneous Amendments) (Wales) Regulations 2025 Made 19 November 2025 Laid before Senedd Cymru 21 November 2025 Coming into force 5 January 2026 The Welsh Ministers make the following Regulations in exercise of the powers conferred on them by sections 49(2), 50(2) and (3), 53(11)(a) and 105(2)(a) of the Local Government Act 2000 . In accordance with sections 49(5) and 50(5) of the Act, the Welsh Ministers have consulted such representatives of relevant authorities as they considered appropriate, the Auditor General for Wales, the Public Services Ombudsman for Wales, and such other persons as they considered appropriate. Title and coming into force 1 1 The title of these Regulations is the Local Government (Standards Committees and Member Conduct) (Miscellaneous Amendments) (Wales) Regulations 2025. 2 These Regulations come into force on 5 January 2026. Amendments to the Standards Committees (Wales) Regulations 2001 2 1 The Standards Committees (Wales) Regulations 2001 are amended as follows. 2 In regulation 2 (interpretation), at the appropriate place in alphabetical order insert— “ politically restricted post ” (“ swydd o dan gyfyngiadau gwleidyddol ”) has the meaning given by section 2(1), (1A) and (1B) of the Local Government and Housing Act 1989 ; “ registration officer ” (“ swyddog cofrestru ”) means an officer appointed under section 8(2A) of the Representation of the People Act 1983 ; “ senior, cabinet or executive post ” (“ swydd uwch, swydd gabinet neu swydd weithredol ”) means— a chairman elected under section 22(1) of the Local Government Act 1972 ; a vice-chairman appointed under section 24(1) of the Local Government Act 1972; a presiding member elected under section 24A(2) of the Local Government Act 1972 ; a deputy presiding member appointed under section 24B(2) of the Local Government Act 1972 ; an elected mayor elected under section 39(1) of the Local Government Act 2000; a deputy mayor appointed under paragraph 1(3) of Schedule 1 to the Local Government Act 2000; an executive leader elected under section 11(3)(a) of the Local Government Act 2000 ; a member of the executive of a local authority appointed under section 11(2)(b) or (3)(b) of the Local Government Act 2000; an Overview and Scrutiny Committee Chair appointed in accordance with section 66 of the Local Government (Wales) Measure 2011; . 3 For regulation 6 (previous members of a relevant authority) substitute— 6 1 A person who has been but is no longer a member of one or more relevant authorities may be an independent member of the standards committee of any relevant authority subject to the following conditions— a any person who has held a senior, cabinet or executive post in one or more relevant authorities must not be an independent member of the standards committee of any relevant authority in which that person held such a post until the expiry of the period of five years commencing with the date on which that person last ceased to hold such a post; b any person who was a member of one or more relevant authorities must not be an independent member of the standards committee of any relevant authority of which that person was a member (not holding a senior, cabinet or executive post) until the expiry of the period of two years commencing with the date on which that person last ceased to be a member of that authority. 2 A person who has been but is no longer a member of a corporate joint committee, or a member of a constituent authority or constituent National Park authority of any corporate joint committee, may be an independent member of the standards committee of any corporate joint committee subject to the following conditions— a any person who has held a senior, cabinet or executive post in a constituent authority of a corporate joint committee must not be an independent member of the standards committee of that corporate joint committee until the expiry of the period of five years commencing with the date on which that person last ceased to hold such a post; b any person who was a member of a corporate joint committee, or a member of a constituent authority or constituent National Park authority of that corporate joint committee (not holding a senior, cabinet or executive post in the case of a constituent authority), must not be an independent member of the standards committee of that corporate joint committee until the expiry of the period of two years commencing with the date on which that person last ceased to be a member of that corporate joint committee, constituent authority or National Park authority. 4 For regulation 7 (previous officers of a relevant authority) substitute— 7 1 A person who has been but is no longer an officer of one or more relevant authorities may be an independent member of the standards committee of any relevant authority, except where paragraph (2) applies. 2 Where the person referred to in paragraph (1) has held a politically restricted post, or the post of registration officer, in a relevant authority, that person must not be an independent member of the standards committee of any relevant authority in which that person held such a post until the expiry of the period of two years commencing with the date on which that person last ceased to hold such a post. 3 A person who has been but is no longer an officer of a corporate joint committee, or an officer of a constituent authority or constituent National Park authority of any corporate joint committee, may be an independent member of the standards committee of any corporate joint committee, except where paragraph (4) applies. 4 Where the person referred to in paragraph (3) has held a politically restricted post in any corporate joint committee, or a constituent authority or constituent National Park authority of any corporate joint committee, or has held the post of registration officer in a constituent authority of any corporate joint committee, that person must not be an independent member of the standards committee of that corporate joint committee until the expiry of the period of two years commencing with the date on which that person last ceased to hold such a post. Amendments to the Conduct of Members (Principles) (Wales) Order 2001 3 1 The Conduct of Members (Principles) (Wales) Order 2001 is amended as follows. 2 In article 2 (interpretation)— a in the English text, at the end of the definition of “member”, omit “and”; b in the Welsh text, at the end of the definition of “aelod cyfetholedig”, omit “ac”; c at the appropriate place in alphabetical order, insert— “ protected characteristics ” (“ nodweddion gwarchodedig ”) has the meaning given by section 4 of the Equality Act 2010 ; . 3 In the Schedule, in paragraph 7 (equality and respect) for “gender, race, disability, sexual orientation, age or religion” substitute “protected characteristics or socio-economic circumstances” . Amendments to the Local Authorities (Model Code of Conduct) (Wales) Order 2008 4 In the Schedule to the Local Authorities (Model Code of Conduct) (Wales) Order 2008 — a in paragraph 1(1), at the appropriate place in alphabetical order insert— “ protected characteristics ” (“ nodweddion gwarchodedig ”) has the meaning given by section 4 of the Equality Act 2010; ; b in paragraph 4(a), for “gender, race, disability, sexual orientation, age or religion” substitute “protected characteristics or socio-economic circumstances” . Jayne Bryant Cabinet Secretary for Housing and Local Government, one of the Welsh Ministers 19 November 2025 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend— a the Standards Committees (Wales) Regulations 2001 (“ the 2001 Regulations ”), b the Conduct of Members (Principles) (Wales) Order 2001 (“ the 2001 Order ”), and c the Local Authorities (Model Code of Conduct) (Wales) Order 2008 (“ the 2008 Order ”). Part 3 of the Local Government Act 2000 (“ the Act ”) makes provision concerning the conduct of local government members and employees. Section 53(1) of the Act requires every relevant authority in Wales to establish a standards committee. The 2001 Regulations make provision with respect to the size, composition and proceedings of standards committees and sub-committees, and the appointment, term of office and re-appointment of independent members to such committees. Regulation 2 inserts definitions of “politically restricted post”, “registration officer” and “senior, cabinet or executive post” into regulation 2 of the 2001 Regulations. It also amends regulation 6 of the 2001 Regulations to allow former members of one or more relevant authorities, a corporate joint committee, or a constituent authority or constituent National Park authority of any corporate joint committee, to serve as an independent member of a standards committee of a relevant authority or corporate joint committee. A waiting period of two years is imposed where the former member wishes to become an independent member of a standards committee of an authority in which they were a member, save where the former member held a senior, cabinet or executive post in the same authority, in which case the waiting period is five years. Where the former member was a member of a corporate joint committee, or a constituent authority or constituent National Park authority of that corporate joint committee, a waiting period of two years is imposed before the former member can become an independent member of a standards committee of that corporate joint committee, save that, where the former member held a senior, cabinet or executive post in a constituent authority of that corporate joint committee, the waiting period is five years. Regulation 2 also amends regulation 7 of the 2001 Regulations to allow former officers of one or more relevant authorities, a corporate joint committee, a constituent authority or a constituent National Park authority, to serve as an independent member of a standards committee. A waiting period of two years is imposed where the former officer wishes to become an independent member of a standards committee of an authority in which they held a politically restricted post or the post of registration officer. The same waiting period applies with respect to the ability of a former officer to become an independent member of a standards committee of a corporate joint committee where the former officer held a politically restricted post in that corporate joint committee, or a constituent authority or constituent National Park authority of that corporate joint committee, or held the post of registration officer in a constituent authority of that corporate joint committee. Section 49(2) of the Act makes provision for the principles which govern the conduct of members and co-opted members of relevant authorities in Wales. These principles are set out in the Schedule to the 2001 Order. Section 50(2) of the Act makes provision for a model code as regards the conduct expected of members and co-opted members of relevant authorities in Wales. The Model Code of Conduct is set out in the Schedule to the 2008 Order. Regulation 3 inserts into article 2 of the 2001 Order a definition of “protected characteristics” by reference to the definition in section 4 of the Equality Act 2010. Regulation 3 also amends Principle 7 (equality and respect) of the Schedule to the 2001 Order by replacing the reference to “gender, race, disability, sexual orientation, age or religion” with “protected characteristics or socio-economic circumstances”. Regulation 4 inserts into paragraph 1 of the Model Code of Conduct as set out in the Schedule to the 2008 Order a definition of “protected characteristics” by reference to the definition in section 4 of the Equality Act 2010. It also amends paragraph 4 to replace the reference to “gender, race, disability, sexual orientation, age or religion” with “protected characteristics or socio-economic circumstances”. The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Local Government Division, Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales . 2000 c. 22 . Section 49(2) was amended by paragraph 8(3) of Schedule 4 to the Localism Act 2011 (c. 20) . Section 50(2) and (3) were amended by paragraph 9(3) and (4) of Schedule 4 to the Localism Act 2011 respectively. Section 53(11)(a) was amended by paragraph 12(4)(a) of Schedule 4 to the Localism Act 2011 and section 68(2)(c)(i) and (ii) of the Democracy and Boundary Commission Cymru etc. Act 2013 (anaw 4). The powers conferred by sections 49(2) and 50(2) and (3) on the National Assembly for Wales were transferred to the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32) . The powers to make an order under sections 49(2) and 50(2) and (3) of the Local Government Act 2000 may be exercised to make regulations by virtue of section 39 of the Legislation (Wales) Act 2019 (anaw 4). Section 49(5) was amended by paragraph 8(5) of Schedule 4 to the Localism Act 2011, paragraph 53(3) of Schedule 2 to the Public Audit (Wales) Act 2004 (c. 23) and paragraph 2(b) of Schedule 4 to the Public Services Ombudsman (Wales) Act 2005 (c. 10) . Section 50(5) was amended by paragraph 9(7) of Schedule 4 to the Localism Act 2011. S.I. 2001/2283 (W. 172) , amended by S.I. 2023/988 (W. 159) ; there are other amending instruments but none is relevant to these Regulations. 1989 c. 42 . Section 2(1) was amended by section 203(1)(a) of the Local Government and Public Involvement in Health Act 2007 (c. 28) ; and section 21(2) and (3) of the Local Government (Wales) Measure 2011 (nawm 4) . Section 2(1A) was inserted by paragraph 7(a) of Schedule 5 to the Local Government and Elections (Wales) Act 2021 (asc 1) . Section 2(1B) was inserted by S.I. 2021/1349 (W. 348) . 1983 c. 2 . Section 8(2A) was inserted by paragraph 68(1) of Schedule 16 to the Local Government (Wales) Act 1994 (c. 19) . 1972 c. 70 . Section 24A was inserted by section 51(2) of the Democracy and Boundary Commission Cymru etc. Act 2013. Section 24B was inserted by section 51(2) of the Democracy and Boundary Commission Cymru etc. Act 2013. Section 11(3) was amended by section 62(5) of the Local Government and Public Involvement in Health Act 2007 and paragraph 11(4) of Schedule 3 to the Localism Act 2011. Section 11(2) was amended by section 62(3) of the Local Government and Public Involvement in Health Act 2007 and paragraph 11(2) of Schedule 3 to the Localism Act 2011. S.I. 2001/2276 (W. 166) , to which there are amendments not relevant to these Regulations. 2010 c. 15 . S.I. 2008/788 (W. 88) , to which there are amendments not relevant to these Regulations.
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[uk-legislation-uksi][uksi] 2025-11-21
http://www.legislation.gov.uk/wsi/2025/1215/made
http://www.legislation.gov.uk/wsi/2025/1215/made The Health Impact Assessment (Wales) Regulations 2025 en King's Printer of Acts of Parliament 2025-11-21 PUBLIC HEALTH, WALES Part 6 of the Public Health (Wales) Act 2017 (“the Act”) makes provision about the carrying out of health impact assessments (HIAs) by public bodies listed in section 110(1) of the Act. These Regulations are made using powers under sections 108, 109 and 110 of the Act. 2025 No. 1215 (W. 198) Public Health, Wales The Health Impact Assessment (Wales) Regulations 2025 Made 19 November 2025 Coming into force 6 April 2027 The Welsh Ministers, in exercise of the powers conferred by sections 108(1), (3), (4) and (5), 109(4) and 110(2) of the Public Health (Wales) Act 2017 , make the following Regulations . In accordance with section 108(7) of that Act, the Welsh Ministers have— a considered whether there are persons who appear to be representative of the interests of those likely to be affected by these Regulations (“representative persons”), and b carried out consultation with the representative persons whom the Welsh Ministers considered it appropriate to consult. In accordance with section 123(2)(c) of that Act, a draft of these Regulations was laid before, and approved by a resolution of, Senedd Cymru . Title and coming into force 1 1 The title of these Regulations is the Health Impact Assessment (Wales) Regulations 2025. 2 These Regulations come into force on 6 April 2027. Interpretation 2 In these Regulations— “ health impact assessment ” (“ asesiad o’r effaith ar iechyd ”) means an assessment of the likely effect, both in the short term and in the long term, of a proposed action or decision on the physical and mental health of the people of Wales or of some of the people of Wales; “ HIA ” (“ AEI ”) means a health impact assessment; “ public body ” (“ corff cyhoeddus ”) means a person listed in section 110(1) of the Public Health (Wales) Act 2017. Circumstances in which a HIA is required 3 A public body must carry out a HIA when it proposes to make a decision of a strategic nature about how to exercise its functions. How to carry out a HIA 4 1 In carrying out a HIA specified in regulation 3, a public body must— a identify the decision to which the HIA relates; b identify any groups of the population whose physical or mental health the public body reasonably considers may be affected by the decision; c identify and assess— i any intended effects of the decision, and any unintended effects of the decision that the public body reasonably considers are likely, on the physical and mental health of any groups of the population identified under sub-paragraph (b), ii in relation to any effects identified under paragraph (i), any measures that the public body reasonably considers may prevent, reduce or mitigate any negative effects or increase any positive effects, and iii anything else the public body considers to be relevant to the carrying out of the HIA. 2 In identifying and assessing any effects for the purposes of paragraph (1)(c)(i), a public body must have regard to the wider determinants of health and any health inequity factors. 3 In this regulation— a “ health inequity factors ” means any differences in health outcomes and health opportunities that may reasonably be explained, or may reasonably be caused, by any ground including— i socio-economic status, ii geographic location, and iii the presence of a protected characteristic within the meaning of Chapter 1 of Part 2 of the Equality Act 2010 ; b “ health opportunities ” means access to publicly available opportunities that the public body carrying out the HIA reasonably considers promote or improve physical or mental health or are intended to do so; c “ wider determinants of health ” means the social, economic, cultural and environmental factors that may affect people’s health. Assistance by the Public Health Wales National Health Service Trust 5 The Public Health Wales National Health Service Trust must publish guidance to assist public bodies carrying out a HIA. Publishing a HIA 6 As soon as is reasonably practicable after carrying out a HIA, a public body must publish the HIA in such manner as the public body considers appropriate. Amendment of section 110(1) of the Public Health (Wales) Act 2017 7 1 Section 110(1) (meaning of “ public body ”) of the Public Health (Wales) Act 2017 is amended as follows. 2 After paragraph (b) insert— ba a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1); . 3 After paragraph (d)(ii) insert— iii Welsh Ambulance Services University National Health Service Trust; . 4 After paragraph (d) insert— da the following special health authorities established under section 22 of the National Health Service (Wales) Act 2006 (c. 42) — i Digital Health and Care Wales; ii Health Education and Improvement Wales; . 5 After paragraph (l) insert— m Social Care Wales; n Welsh Revenue Authority; o Transport for Wales (company number 09476013); p Centre for Digital Public Services Limited (company number 09341679); q Qualifications Wales. Jeremy Miles Cabinet Secretary for Health and Social Care, one of the Welsh Ministers 19 November 2025 EXPLANATORY NOTE (This note is not part of the Regulations) Part 6 of the Public Health (Wales) Act 2017 (“ the Act ”) makes provision about the carrying out of health impact assessments (HIAs) by public bodies listed in section 110(1) of the Act. These Regulations are made using powers under sections 108, 109 and 110 of the Act. A HIA is an assessment of the likely effect, both in the short and long term, of a proposed action or decision on the physical and mental health of all or some of the people of Wales. These Regulations make various provisions about the carrying out of HIAs by public bodies. The Regulations also add additional persons to the list of public bodies in section 110(1) of the Act. Regulation 3 provides that a HIA must be carried out by a public body when it proposes to make a decision of a strategic nature about how to exercise its functions. Regulation 4 sets out the matters that must be identified and assessed by a public body in the course of carrying out an HIA, and factors to which the public body must have regard in doing so. Regulation 5 provides that the Public Health Wales National Health Service Trust must produce guidance to assist public bodies with carrying out a HIA. Regulation 6 makes provision about the publication of HIAs. Regulation 7 adds additional public bodies to the list in section 110(1) of the Act. The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales . 2017 anaw 2 . See section 110(1) of that Act for the definition of “public body” and section 108(2) of that Act for the definition of “health impact assessment”. See section 124(1) of the Public Health (Wales) Act 2017 for the definition of “regulations”. The reference in section 123 of the Public Health (Wales) Act 2017 to the National Assembly for Wales now has effect as a reference to Senedd Cymru by virtue of section 150A(2) of the Government of Wales Act 2006 (c. 32) . See also section 40 of the Legislation (Wales) Act 2019 (anaw 4) for provision about the procedure that applies to this instrument. 2010 c. 15 , to which there are amendments to Chapter 1 not relevant to these Regulations.
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[uk-legislation-uksi][uksi] 2025-11-21 The Data (Use and Access) Act 2025 (Commencement No. 4) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1213/made
http://www.legislation.gov.uk/uksi/2025/1213/made The Data (Use and Access) Act 2025 (Commencement No. 4) Regulations 2025 King's Printer of Acts of Parliament 2025-11-21 DATA These are the fourth commencement regulations made under the Data (Use and Access) Act 2025 (c. 18) (“the Act”). 2025 No. 1213 (C. 62) DATA The Data (Use and Access) Act 2025 (Commencement No. 4) Regulations 2025 Made 19th November 2025 The Secretary of State makes these Regulations in exercise of the power conferred by section 142(1) of the Data (Use and Access) Act 2025 . Citation 1 These Regulations may be cited as the Data (Use and Access) Act 2025 (Commencement No. 4) Regulations 2025. Commencement 2 In so far as not already in force , Part 2 of the Data (Use and Access) Act 2025 (digital verification services), except sections 45 to 48, comes into force on 1st December 2025. Ian Murray Minister of State Department for Science, Innovation and Technology 19th November 2025 Explanatory Note (This note is not part of the Regulations) These are the fourth commencement regulations made under the Data (Use and Access) Act 2025 (c. 18) (“ the Act ”). Regulation 2 brings into force most of Part 2 of the Act (digital verification services), which establishes a legislative structure for the provision of digital verification services in the United Kingdom, where those services apply to be registered on a government register. It does not bring into force sections 45 to 48 (which deal with public authorities sharing information with registered digital verification service providers). An impact assessment has not been prepared for this instrument as a full impact assessment was published in relation to the provisions in the Data (Use and Access) Bill. Copies can be obtained from the UK Government website at https://www.gov.uk/government/publications/data-use-and-access-bill-supporting-documents or from the Department for Science, Innovation and Technology at 22-26 Whitehall, London, SW1A 2EG, United Kingdom. NOTE AS TO EARLIER COMMENCEMENT Regulations (This note is not part of the Regulations) The following provisions of the Data (Use and Access) Act 2025 (c. 18) have been brought into force, so far as they were not already in force (see section 142(2)(h) of that Act), by commencement regulations made before the date of these Regulations. Provision Date of Commencement S.I. No. Part 1 20th August 2025 2025/904 section 72 (partially) 20th August 2025 2025/904 section 74 20th August 2025 2025/904 section 79 5th September 2025 2025/996 section 84 20th August 2025 2025/904 section 88 5th September 2025 2025/996 sections 89 to 90 17th November 2025 2025/996 sections 91 to 93 20th August 2025 2025/904 section 95 20th August 2025 2025/904 section 102 20th August 2025 2025/904 section 104 20th August 2025 2025/904 sections 106 to 109 20th August 2025 2025/904 section 110 (partially) 20th August 2025 2025/904 section 111 20th August 2025 2025/904 section 113 20th August 2025 2025/904 section 117 (partially) 20th August 2025 2025/904 section 124 30th September 2025 2025/982 section 125 20th August 2025 2025/904 section 129 20th August 2025 2025/904 sections 134 to 137 20th August 2025 2025/904 Schedule 11 (partially) 20th August 2025 2025/904 Schedule 14 20th August 2025 2025/904 2025 c. 18 . See section 142(2)(h) of the Data (Use and Access) Act 2025.
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[uk-legislation-uksi][uksi] 2025-11-21 The Occupational Pensions (Revaluation) Order 2025
http://www.legislation.gov.uk/uksi/2025/1211/made
http://www.legislation.gov.uk/uksi/2025/1211/made The Occupational Pensions (Revaluation) Order 2025 King's Printer of Acts of Parliament 2025-11-21 PENSIONS Section 84 of the Pension Schemes Act 1993 (c. 48) requires certain pensions and other benefits under occupational pension schemes to be revalued by the final salary method (which is dealt with in Schedule 3 to that Act). For the purpose of the revaluation of benefits payable to or in respect of persons who attain their scheme’s normal pension age in 2026, and as required by paragraph 2 of Schedule 3 to that Act, this Order specifies the necessary revaluation percentages for each of the revaluation periods between 1st January 1986 and 31st December 2025. It is not necessary to specify a lower revaluation percentage for revaluation periods which start before 1st January 2009. 2025 No. 1211 PENSIONS The Occupational Pensions (Revaluation) Order 2025 Made 19th November 2025 Laid before Parliament 21st November 2025 Coming into force 1st January 2026 The Secretary of State makes this Order in exercise of the powers conferred by section 182 (2) of, and paragraph 2 (1) of Schedule 3 to, the Pension Schemes Act 1993 . Citation, commencement and extent 1 1 This Order may be cited as the Occupational Pensions (Revaluation) Order 2025 and comes into force on 1st January 2026. 2 This Order extends to England and Wales and Scotland. The higher and lower revaluation percentages for each revaluation period 2 For the purposes of paragraph 1 of Schedule 3 to the Pension Schemes Act 1993 (methods of revaluing accrued pension benefits: the final salary method) , for each revaluation period specified in an entry in column 1 of the table— a the higher revaluation percentage is the percentage specified in the corresponding entry in column 2 of that table, and b the lower revaluation percentage , if any, is the percentage specified in the corresponding entry in column 3 of that table. Column 1 Revaluation period Column 2 Higher revaluation percentage Column 3 Lower revaluation percentage 1st January 1986 - 31st December 2025 262.0% 1st January 1987 - 31st December 2025 251.1% 1st January 1988 - 31st December 2025 237.0% 1st January 1989 - 31st December 2025 218.8% 1st January 1990 - 31st December 2025 196.3% 1st January 1991 - 31st December 2025 167.2% 1st January 1992 - 31st December 2025 156.6% 1st January 1993 - 31st December 2025 147.7% 1st January 1994 - 31st December 2025 143.3% 1st January 1995 - 31st December 2025 138.1% 1st January 1996 - 31st December 2025 129.2% 1st January 1997 - 31st December 2025 124.4% 1st January 1998 - 31st December 2025 116.6% 1st January 1999 - 31st December 2025 109.9% 1st January 2000 - 31st December 2025 107.6% 1st January 2001 - 31st December 2025 101.0% 1st January 2002 - 31st December 2025 97.7% 1st January 2003 - 31st December 2025 94.3% 1st January 2004 - 31st December 2025 89.1% 1st January 2005 - 31st December 2025 83.4% 1st January 2006 - 31st December 2025 78.5% 1st January 2007 - 31st December 2025 72.3% 1st January 2008 - 31st December 2025 65.9% 1st January 2009 - 31st December 2025 58.0% 52.2% 1st January 2010 - 31st December 2025 60.2% 48.5% 1st January 2011 - 31st December 2025 55.4% 44.8% 1st January 2012 - 31st December 2025 47.7% 41.3% 1st January 2013 - 31st December 2025 44.5% 37.9% 1st January 2014 - 31st December 2025 40.7% 34.5% 1st January 2015 - 31st December 2025 39.1% 31.2% 1st January 2016 - 31st December 2025 39.2% 28.0% 1st January 2017 - 31st December 2025 37.8% 24.9% 1st January 2018 - 31st December 2025 33.8% 21.8% 1st January 2019 - 31st December 2025 30.7% 18.9% 1st January 2020 - 31st December 2025 28.5% 16.0% 1st January 2021 - 31st December 2025 27.6% 13.1% 1st January 2022 - 31st December 2025 21.6% 10.4% 1st January 2023 - 31st December 2025 12.6% 7.7% 1st January 2024 - 31st December 2025 5.6% 5.1% 1st January 2025 - 31st December 2025 3.8% 2.5% Signed by authority of the Secretary of State for Work and Pensions Torsten Bell Parliamentary Under Secretary of State Department for Work and Pensions 19th November 2025 Explanatory Note (This note is not part of the Order) Section 84 of the Pension Schemes Act 1993 (c. 48) requires certain pensions and other benefits under occupational pension schemes to be revalued by the final salary method (which is dealt with in Schedule 3 to that Act ). For the purpose of the revaluation of benefits payable to or in respect of persons who attain their scheme’s normal pension age in 2026, and as required by paragraph 2 of Schedule 3 to that Act , this Order specifies the necessary revaluation percentages for each of the revaluation periods between 1st January 1986 and 31st December 2025. It is not necessary to specify a lower revaluation percentage for revaluation periods which start before 1st January 2009. This Order amends an existing regulatory regime by a pre-determined formula, and the administrative impact of its implementation is negligible. A full impact assessment has not been produced for this Order as no, or no significant, impact on the private, voluntary or public sector is foreseen. 1993 c. 48 ; Paragraph 2(1) of Schedule 3 was amended by paragraphs 1 and 3 (1) and (2) of Schedule 2 to the Pensions Act 2008 (c. 30). Paragraph 1(1) to (3A) of Schedule 3 was substituted by paragraphs 1 and 2 of Schedule 2 to the Pensions Act 2008 . Paragraph 1(1E) of Schedule 3 was amended by paragraphs 18 and 26 of Schedule 4 to the Marriage (Same Sex Couples) Act 2013 (c. 30) and paragraph 11 (1) and (9) of Schedule 5 to S.I. 2014/3229 . Paragraph 1(5) and (6) of Schedule 3 was inserted by section 19 (4) and (5) of the Pensions Act 2011 (c. 19). Provision as to the higher revaluation percentage which the Secretary of State is to specify in relation to a revaluation period is made in paragraph 2 (3) of Schedule 3 to the Pension Schemes Act 1993 . Paragraph 2(3) of Schedule 3 was substituted by paragraphs 1 and 3 (1) and (3) of Schedule 2 to the Pensions Act 2008 . Provision as to the lower revaluation percentage which the Secretary of State is to specify in relation to a revaluation period is made in paragraph 2 (3A) of Schedule 3 to the Pension Schemes Act 1993 . Paragraph 2(3A) of Schedule 3 was substituted by paragraphs 1 and 3 (1) and (3) of Schedule 2 to the Pensions Act 2008 .
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[uk-legislation-uksi][uksi] 2025-11-21
http://www.legislation.gov.uk/wsi/2025/1210/made
http://www.legislation.gov.uk/wsi/2025/1210/made The Land Transaction Tax (Modification of Special Tax Sites Relief) (No. 3) (Wales) Regulations 2025 en King's Printer of Acts of Parliament 2025-11-20 LAND TRANSACTION TAX, WALES These Regulations amend Schedule 21A to the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 which provides for a relief from land transaction tax for qualifying transactions of land within a special tax site. 2025 No. 1210 (W. 197) Land Transaction Tax, Wales The Land Transaction Tax (Modification of Special Tax Sites Relief) (No. 3) (Wales) Regulations 2025 Made 19 November 2025 Coming into force at 12.01 a.m. on 21 November 2025 The Welsh Ministers, in exercise of the power conferred by section 30(6) of the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 , make the following Regulations. In accordance with section 79(2)(d) of that Act , a draft of these Regulations was laid before and approved by a resolution of Senedd Cymru. Title and coming into force 1 1 The title of these Regulations is the Land Transaction Tax (Modification of Special Tax Sites Relief) (No. 3) (Wales) Regulations 2025. 2 These Regulations come into force at 12.01 a.m. on 21 November 2025. Modification of relief for special tax sites 2 1 Schedule 21A to the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (relief for special tax sites) is amended as follows. 2 After paragraph 2(c) (meaning of special tax site) insert— d the Designation of Special Tax Sites (Flintshire and Wrexham Investment Zone) Regulations 2025 ( S.I. 2025/1080 ) as made on 14 October 2025. 3 After paragraph 5(c) (meaning of relief period) insert— d in so far as the reference relates to the special tax site mentioned in paragraph 2(d), the period beginning with 21 November 2025 and ending with 30 September 2034. Mark Drakeford Cabinet Secretary for Finance and Welsh Language, one of the Welsh Ministers 19 November 2025 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend Schedule 21A to the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 which provides for a relief from land transaction tax for qualifying transactions of land within a special tax site. Regulation 2 amends paragraph 2 of Schedule 21A to extend the relief for special tax sites to the Flintshire and Wrexham Investment Zone, and paragraph 5 to include the relief period for that new special tax site. The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ. 2017 anaw 1 . The reference in section 79(2) to the National Assembly for Wales now has effect as a reference to Senedd Cymru, by virtue of section 150A(2) of the Government of Wales Act 2006 (c. 32) . Schedule 21A was inserted by S.I. 2024/1193 (W. 195) , amended by S.I. 2025/54 (W. 14) and S.I. 2025/1079 .
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[uk-legislation-uksi][uksi] 2025-11-21
http://www.legislation.gov.uk/wsi/2025/1209/made
http://www.legislation.gov.uk/wsi/2025/1209/made The Land Transaction Tax (Modification of Special Tax Sites Relief) (No. 2) (Wales) Regulations 2025 en King's Printer of Acts of Parliament 2025-11-20 LAND TRANSACTION TAX, WALES These Regulations amend Schedule 21A to the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 which provides for a relief from land transaction tax for qualifying transactions of land within a special tax site. 2025 No. 1209 (W. 196) Land Transaction Tax, Wales The Land Transaction Tax (Modification of Special Tax Sites Relief) (No. 2) (Wales) Regulations 2025 Made 19 November 2025 Coming into force at 12.00 a.m. on 21 November 2025 The Welsh Ministers, in exercise of the power conferred by section 30(6) of the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 , make the following Regulations. In accordance with section 79(2)(d) of that Act , a draft of these Regulations was laid before and approved by a resolution of Senedd Cymru. Title and coming into force 1 1 The title of these Regulations is the Land Transaction Tax (Modification of Special Tax Sites Relief) (No. 2) (Wales) Regulations 2025. 2 These Regulations come into force at 12.00 a.m. on 21 November 2025. Modification of relief for special tax sites 2 1 Schedule 21A to the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (relief for special tax sites) is amended as follows. 2 After paragraph 2(b) (meaning of special tax site) insert— c the Designation of Special Tax Sites (Anglesey Freeport) Regulations 2025 ( S.I. 2025/1079 ) as made on 14 October 2025. 3 After paragraph 5(b) (meaning of relief period) insert— c in so far as the reference relates to the special tax site mentioned in paragraph 2(c), the period beginning with 21 November 2025 and ending with 30 September 2029. Mark Drakeford Cabinet Secretary for Finance and Welsh Language, one of the Welsh Ministers 19 November 2025 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend Schedule 21A to the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 which provides for a relief from land transaction tax for qualifying transactions of land within a special tax site. Regulation 2 amends paragraph 2 of Schedule 21A to extend the relief for special tax sites to further sites in Ynys Môn, and paragraph 5 to include the relief period for that new special tax site. The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ. 2017 anaw 1 . The reference in section 79(2) to the National Assembly for Wales now has effect as a reference to Senedd Cymru, by virtue of section 150A(2) of the Government of Wales Act 2006 (c. 32) . Schedule 21A was inserted by S.I. 2024/1193 (W. 195) , and amended by S.I. 2025/54 (W. 14) .
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[uk-legislation-uksi][uksi] 2025-11-21 The Procurement Act 2023 (Threshold Amounts) (Amendment) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1200/made
http://www.legislation.gov.uk/uksi/2025/1200/made The Procurement Act 2023 (Threshold Amounts) (Amendment) Regulations 2025 King's Printer of Acts of Parliament 2025-11-21 PUBLIC PROCUREMENT These Regulations make amendments to the Procurement Act 2023 (“the Act”) to update certain financial thresholds, which govern the procedures for the award of public contracts for goods, works and services. These amendments follow a review of relevant thresholds to ensure they continue to correspond with the relevant thresholds laid down in the World Trade Organisation’s Agreement on Government Procurement (“GPA”). 2025 No. 1200 PUBLIC PROCUREMENT The Procurement Act 2023 (Threshold Amounts) (Amendment) Regulations 2025 Made 18th November 2025 Laid before Parliament 21st November 2025 Coming into force 1st January 2026 The Minister for the Cabinet Office makes these Regulations in exercise of the powers conferred by section 85(4) of, and paragraph 2 of Schedule 1 to, the Procurement Act 2023 . These Regulations are made with the consent of the Department of Finance for Northern Ireland in accordance with section 113(4) of the Procurement Act 2023. Citation, commencement and extent 1 1 These Regulations may be cited as the Procurement Act 2023 (Threshold Amounts) (Amendment) Regulations 2025 and come into force on 1st January 2026. 2 The amendments made by these Regulations have the same extent as the provisions to which they relate. Amendment of the Procurement Act 2023 2 1 The Procurement Act 2023 is amended as follows. 2 In section 85(3) (regulated below-threshold contracts: procedure)— a in paragraph (a), for “£138,760” substitute “£135,018” ; b in paragraph (b), for “£213,477” substitute “£207,720” . 3 In Schedule 1 (threshold amounts) , in paragraph 1— a in sub-paragraph (1), for the words before the table substitute— The threshold amount for a contract of a type referred to in the second column of the table below is— c if the contract is regulated by the Welsh Ministers, the threshold set out in the corresponding row of the third column, and d in any other case, the threshold set out in the corresponding row of the fourth column. ; b in sub-paragraph (1), in the table— i in the heading of the third column, at the end insert “: contract regulated by Welsh Ministers” ; ii insert a fourth column as follows— Threshold amount: any other contract £5,193,000 £5,193,000 £415,440 £5,193,000 £884,720 £415,440 £5,372,609 £663,540 £5,193,000 £5,193,000 £135,018 £207,720 ; c after sub-paragraph (1), insert— 1B For the purposes of sub-paragraph (1) a contract is regulated by the Welsh Ministers if it is— a a contract awarded by a contracting authority that is a devolved Welsh authority, other than such a contract awarded as part of a procurement under a reserved procurement arrangement or a transferred Northern Ireland procurement arrangement, or b a contract which is awarded as part of a procurement under a devolved Welsh procurement arrangement. . Transitional provisions 3 1 Nothing in these Regulations affects any procurement commenced before the day on which these Regulations come into force. 2 For the purposes of paragraph (1), a procurement is commenced before the day on which these Regulations come into force if, before that day— a a tender notice has been published in accordance with section 21 (tender notices and associated tender documents) of the Procurement Act 2023; b a transparency notice has been published in accordance with section 44 (transparency notices) of that Act; c a below-threshold tender notice has been published in accordance with section 87 (regulated below-threshold contracts: notices) of that Act; d a contracting authority has invited the submission of tenders in relation to a regulated below-threshold contract (see section 85(1) (regulated below-threshold contracts: procedure) of that Act); e in respect of a below-threshold contract to which neither sub-paragraph (c) nor (d) applies, a contracting authority has contacted a supplier in order to commence the award of that contract. Chris Ward Parliamentary Secretary Cabinet Office 18th November 2025 Explanatory Note (This note is not part of the Regulations) These Regulations make amendments to the Procurement Act 2023 (“ the Act ”) to update certain financial thresholds, which govern the procedures for the award of public contracts for goods, works and services. These amendments follow a review of relevant thresholds to ensure they continue to correspond with the relevant thresholds laid down in the World Trade Organisation’s Agreement on Government Procurement (“ GPA ”). Regulation 2(2) amends the threshold amounts set out in section 85(3) of the Act which determine the applicability of certain procedures to regulated below-threshold works contracts. Owing to an oversight when the thresholds were previously updated via S.I. 2025/163 , section 85(3) was not updated to reflect the changes made to Schedule 1 to the Act. The thresholds are therefore now updated to be consistent with the thresholds in rows 11 and 12 of Schedule 1 to the Act (which are also being amended by these Regulations) as these were intended to align. Regulation 2(3) amends the majority of the threshold amounts set out in Schedule 1 to the Act. Those thresholds determine the value above which contracts of different types fall to be regulated by the substantive regime. The threshold amounts in rows 4, 6 and 9 to 12 are set under the GPA. The threshold amounts in rows 1 to 3 do not derive from the GPA but are amended to ensure consistency and alignment with the GPA thresholds. The amendments made by these Regulations do not apply to contracts regulated by the Welsh Ministers. Welsh Ministers are making a separate statutory instrument to update the thresholds as they apply to those contracts. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen. 2023 c. 54 . See section 123(1) of the Procurement Act 2023 for the definitions of “appropriate authority” and “Minister of the Crown”. Schedule 1 was amended by S.I. 2025/163 and 2025/181 (W. 38) . Section 87(4) was amended by S.I. 2024/782 (W. 121) .
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[uk-legislation-uksi][uksi] 2025-11-24 The Domestic Abuse Act 2021 (Commencement No. 6, 8 and 9 and Saving Provisions) (Amendment) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1222/made
http://www.legislation.gov.uk/uksi/2025/1222/made The Domestic Abuse Act 2021 (Commencement No. 6, 8 and 9 and Saving Provisions) (Amendment) Regulations 2025 King's Printer of Acts of Parliament 2025-11-24 DOMESTIC ABUSE, ENGLAND AND WALES These Regulations amend the Domestic Abuse Act 2021 (Commencement No. 6 and Saving Provisions) Regulations 2024 (S.I. 2024/1191 (C. 76)) (“the No. 6 Regulations”), the Domestic Abuse Act 2021 (Commencement No. 8 and Saving Provisions) Regulations 2025 (S.I. 2025/319 (C. 10)) (“the No. 8 Regulations”) and the Domestic Abuse Act 2021 (Commencement No. 9 and Saving Provisions) Regulations 2025 (S.I. 2025/515 (C. 22)) (“the No. 9 Regulations”). This Statutory Instrument has been made in part in consequence of a defect in S.I. 2025/515 and is being issued free of charge to all known recipients of that Statutory Instrument. 2025 No. 1222 DOMESTIC ABUSE, ENGLAND AND WALES The Domestic Abuse Act 2021 (Commencement No. 6, 8 and 9 and Saving Provisions) (Amendment) Regulations 2025 Made 20th November 2025 Coming into force 21st November 2025 The Secretary of State makes these Regulations in exercise of the powers conferred by sections 86 (1) and 90 (6) , (7) , (8) and (9) of the Domestic Abuse Act 2021 . Citation, commencement and extent 1 1 These Regulations may be cited as the Domestic Abuse Act 2021 (Commencement No. 6, 8 and 9 and Saving Provisions) (Amendment) Regulations 2025. 2 These Regulations come into force on the day after the day on which they are made. 3 These Regulations extend to England and Wales. Amendment to the Domestic Abuse Act 2021 (Commencement No. 6 and Saving Provisions) Regulations 2024 2 In regulation 1 (2) (g) of the Domestic Abuse Act 2021 (Commencement No. 6 and Saving Provisions) Regulations 2024 , for “26 November 2025” substitute “31 March 2026” . Amendment to the Domestic Abuse Act 2021 (Commencement No. 8 and Saving Provisions) Regulations 2025 3 In regulation 1 (2) (f) of the Domestic Abuse Act 2021 (Commencement No. 8 and Saving Provisions) Regulations 2025 , for “26th November 2025” substitute “31st March 2026” . Amendments to the Domestic Abuse Act 2021 (Commencement No. 9 and Saving Provisions) Regulations 2025 4 1 The Domestic Abuse Act 2021 (Commencement No. 9 and Saving Provisions) Regulations 2025 are amended as follows. 2 In regulation 1 (3) (f) , for “26th November 2025” substitute “31st March 2026” . 3 For regulation 3 (1) , substitute— 1 Where immediately before the end of the specified period— a a DAPN is in effect, b an application for leave to apply for a DAPO has been made and is yet to be determined, c an application for leave to apply for a DAPO has been granted, but an application for a DAPO is yet to be made, d an application for a DAPO has been made and is yet to be determined, e proceedings, as specified in section 31, have been issued and are yet to be concluded, f a DAPO is in effect, g an application for permission to appeal a decision of a court, on an application for a DAPO or in relation to a DAPO, has been made and is yet to be finally determined, h an appeal has been made against a decision of a court, on an application for a DAPO or in relation to a DAPO, and is yet to be finally determined, i following an appeal on an application for a DAPO or in relation to a DAPO, the matter has been referred back to the court with a direction to reconsider and make a new decision, and those proceedings are yet to be determined, or j an application for a DAPO, or for leave to apply for a DAPO, has been refused, the refusal is not yet subject to appeal, but the time period for taking one of the steps in sub-paragraph (g) or (h) has not yet elapsed, Part 3, except section 55, continues to have effect in the relevant areas for such of the purposes set out in paragraph (2) as may be relevant. . 4 For regulation 3 (2) , substitute— 2 The purposes referred to in paragraph (1) are— a the enforcement of a DAPN, b an application for leave to apply for a DAPO, c an application for a DAPO, d the making of a DAPO, e the enforcement of a DAPO, f the variation of a DAPO, g the discharge of a DAPO, h an application for permission to appeal a decision of a court, on an application for a DAPO or in relation to a DAPO, and i an appeal against a decision of a court, on an application for a DAPO or in relation to a DAPO. . 5 In regulation 3 (3) — a in the opening words, for the words from “in relation” to “Part 3”, substitute “in respect of a DAPN or DAPO given or made, or any other decision of a court made on an application for or in relation to a DAPO, under Part 3” ; b in sub-paragraph (a) , for “26th November 2025” substitute “31st March 2026” . 6 After regulation 3 (4) , insert— 5 In paragraphs (1)(g) and (h), an application for permission to appeal or an appeal is finally determined if it is decided and all routes of further appeal have been exhausted. . Signed by authority of the Secretary of State for Justice Alex Davies-Jones Parliamentary Under Secretary of State Ministry of Justice 20th November 2025 Explanatory Note (This note is not part of the Regulations) These Regulations amend the Domestic Abuse Act 2021 (Commencement No. 6 and Saving Provisions) Regulations 2024 ( S.I. 2024/1191 (C. 76) ) (“the No. 6 Regulations”), the Domestic Abuse Act 2021 (Commencement No. 8 and Saving Provisions) Regulations 2025 ( S.I. 2025/319 (C. 10) ) (“the No. 8 Regulations”) and the Domestic Abuse Act 2021 (Commencement No. 9 and Saving Provisions) Regulations 2025 ( S.I. 2025/515 (C. 22) ) (“the No. 9 Regulations”). The No. 6, No. 8 and No. 9 Regulations brought Part 3 of the Domestic Abuse Act 2021 (c. 17) (“ the Act ”), except for section 55, into force for specified areas of England and Wales. These provisions were commenced on a piloted basis, for specified periods of time ending with 26th November 2025. Regulations 2, 3 and 4 of these Regulations amend the No. 6, No. 8 and No. 9 Regulations so that Part 3 of the Act, as commenced by those instruments, continues to be in force in those areas until 31st March 2026. Regulation 4 of these Regulations further amends the saving provisions made by regulation 3 of the No. 9 Regulations, by clarifying the points at which Part 3 of the Act, except section 55, will continue to have effect once the pilot ends. This includes the case where an appeal has been made against a court’s decision not to make a domestic abuse protection order before the end of the pilot, and the appeal is yet to be determined. Further amendments clarify that the saving provision made by the amended regulation 3(1) of the No. 9 Regulations applies for all of the purposes set out in the amended regulation 3(2) as may be relevant to the particular case in question. These amendments also correct defects in the saving provisions made by the No. 9 Regulations identified by the Joint Committee on Statutory Instruments in its twenty-seventh report of Session 2024-25. An impact assessment has not been published for these Regulations as no significant impact on the private, voluntary or public sector is foreseen arising from the provisions these Regulations amend. An impact assessment has been published in relation to the Act which does consider the impact of domestic abuse protection orders and copies can be obtained from the Ministry of Justice, 102 Petty France, London SW1H 9AJ, or from this website: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1007463/DA_Act_2021_Impact_Assessment.pdf . 2021 c. 17 . S.I. 2024/1191 (C. 76) , amended by S.I. 2025/515 . S.I. 2025/319 (C. 10) , amended by S.I. 2025/515 . S.I. 2025/515 (C. 22) .
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[uk-legislation-uksi][uksi] 2025-11-24 The Football Governance Act 2025 (Specified Competitions) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1216/made
http://www.legislation.gov.uk/uksi/2025/1216/made The Football Governance Act 2025 (Specified Competitions) Regulations 2025 King's Printer of Acts of Parliament 2025-11-24 SPORTS GROUNDS AND SPORTING EVENTS, ENGLAND AND WALES These Regulations prescribe the top five tiers of the men’s English football pyramid as “specified competitions” for the purposes of the Football Governance Act 2025 (“the Act”). The Football Governance Act 2025 (Specified Competitions) Regulations 2025 2025 No. 1216 SPORTS GROUNDS AND SPORTING EVENTS, ENGLAND AND WALES The Football Governance Act 2025 (Specified Competitions) Regulations 2025 Made 20th November 2025 Coming into force 24th November 2025 The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(3) of the Football Governance Act 2025 . The Secretary of State is content that for each competition specified in these Regulations, the teams entered into that competition, or that are members of it or participate in it, are exclusively or predominantly English teams . In accordance with section 91(3)(a)(i) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament. Citation, commencement and extent 1 1 These Regulations may be cited as the Football Governance Act 2025 (Specified Competitions) Regulations 2025. 2 These Regulations come into force on 24th November 2025. 3 These Regulations extend to England and Wales. Specified competitions 2 For the purposes of the Football Governance Act 2025 a “ specified competition ” means the following association football competitions— a the Premier League competition, organised and administered by the Football Association Premier League Limited; b the Championship, League One and League Two competitions, organised and administered by the Football League Limited; and c the Premier Division of the National League competition, organised and administered by the Football Conference Limited, in each case comprising clubs which are for the time being, full or associate members of that body. Stephanie Peacock Parliamentary Under Secretary of State Department for Culture, Media and Sport 20th November 2025 Explanatory Note (This note is not part of the Regulations) These Regulations prescribe the top five tiers of the men’s English football pyramid as “ specified competitions ” for the purposes of the Football Governance Act 2025 (“ the Act ”). For clarity, Tier 1 is the Premier League, organised by the Football Association Premier League Limited. Tiers 2-4 are the English Football League, comprising the Championship (Tier 2), League One (Tier 3), and League Two (Tier 4) which are organised by the Football League Limited. Tier 5 is the Premier Division of the National League, organised by the Football Conference Limited. A full impact assessment was prepared in relation to the Act. No further impact assessment has been produced as the effect of the Regulations is limited to applying the provisions of the Act, the impact of which has already been assessed. Copies of the Impact Assessment for the Act are available from the Department for Culture, Media and Sport, 100 Parliament Street, London SW1A 2BQ and at www.legislation.gov.uk , where it may be read alongside this instrument and its Explanatory Memorandum. Hard copies of these documents are available from the same postal address. 2025 c. 21 . Section 2(4) of that Act provides that a team is an “English team” if the ground at which the team customarily plays its home matches is in England.
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[uk-legislation-uksi][uksi] 2025-11-24 The National Health Service (Procurement, Slavery and Human Trafficking) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1212/made
http://www.legislation.gov.uk/uksi/2025/1212/made The National Health Service (Procurement, Slavery and Human Trafficking) Regulations 2025 King's Printer of Acts of Parliament 2025-11-24 NATIONAL HEALTH SERVICE, ENGLAND These Regulations require public bodies in England to undertake an assessment of the risk that modern slavery or human trafficking is taking place in relation to the supply of any good or service which is being procured for the health service in England (see regulations 4, 5 and 6), and which is not excluded from the scope of the Regulations by regulation 3(2). The National Health Service (Procurement, Slavery and Human Trafficking) Regulations 2025 2025 No. 1212 NATIONAL HEALTH SERVICE, ENGLAND The National Health Service (Procurement, Slavery and Human Trafficking) Regulations 2025 Made 17th November 2025 Coming into force 17th May 2026 The Secretary of State makes these Regulations in exercise of the powers conferred by sections 12ZC and 272(7) and (8) of the National Health Service Act 2006 (“ the Act ”). A draft of this instrument has been laid before, and approved by, a resolution of each House of Parliament in accordance with section 272(6)(zzf) of the Act. Citation, commencement, extent and application 1 1 These Regulations may be cited as the National Health Service (Procurement, Slavery and Human Trafficking) Regulations 2025. 2 These Regulations come into force at the end of the period of six months beginning with the day on which these Regulations are made. 3 They extend to England and Wales, and apply to England. Interpretation 2 In these Regulations— “ dynamic market ” means arrangements established by a public body for the purpose of a public body awarding contracts by reference to suppliers’ participation in the arrangements, and “ membership of a dynamic market ” means participation in those arrangements; “ framework agreement ” is an agreement between a public body and one or more suppliers that provides for the future award of contracts by a public body to the supplier or suppliers; “ modern slavery risk ” in relation to a good or service means the risk that slavery and human trafficking takes place in relation to any person involved in the supply chain for that good or service; “ procurement ” means the award, entry into and management of a contract, and cognate expressions are to be construed accordingly; “ the Procurement Act ” means the Procurement Act 2023 ; “ public body ” means— a public authority within the meaning given in section 2(2) of the Procurement Act, a public undertaking within the meaning given in section 2(2) of the Procurement Act, or a relevant authority within the meaning given in section 12ZB(7) of the National Health Service Act 2006 . Application 3 1 These Regulations apply to a public body procuring goods or services other than items excluded by paragraph (2) if any of the goods and services being procured are to be used for the purposes of the health service in England. 2 The following items are excluded from paragraph (1), for the purposes of these Regulations— a services provided pursuant to— i a contract of employment or a worker’s contract, within the meaning of section 230 of the Employment Rights Act 1996 , or ii any other contract or arrangement between a public body and an individual for the remuneration or compensation of that individual where they are appointed to a public office by the public body, including as— aa a non-executive director of a public authority, or bb a member of a public inquiry; b an interest in, or right over, any land, buildings or part of a building; c any goods, services or works provided to the Common Council of the City of London other than for the purposes of its functions as a local authority, police authority or port health authority. Procurement: risk assessment 4 1 Unless paragraph (3) applies, a public body undertaking a procurement of any good or service for the purposes of the health service in England must first assess the extent of the modern slavery risk in relation to that good or service. 2 The risk assessment required by paragraph (1) must be completed— a where a competitive tendering procedure is being followed, before the public body publishes a notice for the purpose of inviting suppliers to participate in a competitive tendering procedure; b in the case of a notifiable below-threshold contract, before the publication of the below-threshold tender notice required by section 87 of the Procurement Act ; c in any other case, before the contract is awarded to any supplier. 3 Subject to paragraph (4), a public body need not carry out a risk assessment under paragraph (1)— a where a contract is awarded in accordance with a framework agreement, provided that a risk assessment has been conducted in relation to the framework agreement as required by regulation 5 ; b where a contract is awarded by reference to a dynamic market, provided that a risk assessment has been conducted in relation to the dynamic market as required by regulation 6 . 4 Where a public body has previously carried out a risk assessment and the public body has any reason to suspect that the risk assessment no longer reflects the extent of the modern slavery risk in relation to the good or service in question, the public body may not rely on that risk assessment for the purposes of paragraph (3). 5 In this regulation— “ competitive tendering procedure ” means— a “ competitive tendering procedure ” as defined in section 20 of the Procurement Act, or a “ Competitive Process ” as defined in regulation 2(1) of the Health Care Services (Provider Selection Regime) Regulations 2023 ; “ notifiable below-threshold contract ” has the meaning given in section 87(4) of the Procurement Act. Framework agreement: risk assessment 5 1 A public body proposing to enter into a framework agreement which includes the supply of any good or service for the purposes of the health service in England must first assess the extent of the modern slavery risk in relation to that good or service which may be supplied under a contract awarded in accordance with the framework agreement. 2 The risk assessment required by paragraph (1) must be completed before the public body advertises the opportunity to participate in the framework agreement. Dynamic market: risk assessment 6 1 A public body proposing to establish a dynamic market must first assess the extent of the modern slavery risk in relation to any good or service which may be supplied for the purposes of the health service in England under a contract awarded to a supplier by reference to the supplier’s membership of the dynamic market. 2 The risk assessment required by paragraph (1) must be completed before the public body establishes the dynamic market. Requirement to take reasonable steps 7 1 When a public body has carried out the risk assessment required under regulation 4, 5 or 6, the public body must take reasonable steps to address and where practicable eliminate any modern slavery risk identified in that assessment— a when designing the procurement procedure for the purposes of awarding the contract or concluding the framework agreement, b when establishing the dynamic market, c when setting— i the terms of the contract or framework agreement, or ii the conditions for membership of the dynamic market, and d in managing— i any contract awarded as a result of the procurement, including contracts awarded in accordance with a framework agreement, ii any contract awarded by reference to the dynamic market, iii the framework agreement, or iv the dynamic market, for the duration of the term of the contract, framework agreement, or dynamic market, as applicable. 2 The reasonable steps taken in response to the requirement in paragraph (1) must be— a proportionate to the extent of the assessed risk, and b relevant to the contract, the framework agreement or to the dynamic market, as the case may be. Reasonable steps: procurement process 8 1 Reasonable steps for the purposes of regulation 7 (1) (a), (b) and (c) may include— a setting— i the conditions of participation in the procurement process, and ii the criteria against which tenders may be assessed for the purpose of awarding a contract or concluding a framework agreement, or admitting a supplier to membership of a dynamic market, to address the modern slavery risk; b providing for— i appropriate terms in any contract awarded as a result of the procurement or under the framework agreement, and ii appropriate conditions for membership of the dynamic market, to monitor and address the modern slavery risk. 2 Appropriate terms for the purposes of paragraph (1)(b)(i) may include requirements for the supplier— a to undertake due diligence on the modern slavery risk which may arise in relation to any sub-contractor or other participant in the supply chain which the supplier intends to use; b to include specified terms requiring measures to address the modern slavery risk in any contract entered into by the supplier with a sub-contractor or other participant in the supply chain to fulfill the supplier’s obligations under the contract awarded to the supplier; c to report to the public body the names and contact details for any such sub-contractor or other participant in the supply chain; d to keep records enabling the supply chain of the goods or services in question to be traced; e to make those records available to the public body, or any person authorised by the public body on request; f to take any necessary corrective action or reasonable steps to remedy identified incidences of slavery and human trafficking; g to co-operate with any investigation into— i an offence referred to in paragraphs 19 to 26 of Schedule 6 to the Procurement Act, ii compliance in connection with any order referred to in paragraph 1 of Schedule 7, to the Procurement Act, or iii a potential breach of the terms of the contract. 3 In this regulation, “ conditions of participation ” means the conditions that a supplier must satisfy if the supplier is to be awarded the contract. Reasonable steps: contract management for contracts, framework agreements and dynamic markets 9 Reasonable steps for the purposes of regulation 7 (1) (d) and regulation 10 (4) may include— a monitoring the supplier’s compliance with— i the terms of the contract or framework agreement, or ii the conditions of membership of the dynamic market; b ensuring that there is a response from the supplier to any instance of slavery and human trafficking which is brought to the public body’s attention; c reassessing the extent of the modern slavery risk; d taking such action as may be reasonably required to address any new risks which are identified by the reassessment carried out under sub-paragraph (c) or regulation 10 . Reassessment of risk: contract management for framework agreements and dynamic markets 10 1 The public body must regularly re-assess the extent of the modern slavery risk in relation to— a any framework agreement the public body has concluded, and b any dynamic market the public body has established. 2 In deciding how often to carry out a reassessment under paragraph (1), the public body must have regard to— a the subject matter of the framework agreement or dynamic market, b the proportionality of such reassessment, taking account of— i the market sector concerned, ii the extent of the modern slavery risk in that market sector, considering the last risk-assessment, and any other information received subsequently by the public body, iii the duration of the framework agreement or dynamic market. 3 The public body must carry out a reassessment as soon as practicable if— a there is reason to suspect that the most recent risk assessment is no longer valid, b there has been a significant change in the framework agreement or the dynamic market to which the risk assessment relates, or c any steps taken in relation to the management of the framework agreement or dynamic market show it to be necessary. 4 When a public body has reassessed the extent of the modern slavery risk under this regulation, the public body must review the action it is taking to ensure that it is taking reasonable steps to address, and where practicable, eliminate any modern slavery risk identified by the assessment. Guidance 11 1 NHS England must publish such guidance as it considers appropriate about compliance with these Regulations. 2 A public body must have regard to any guidance issued by NHS England under paragraph (1). 3 In this regulation, NHS England means the body established by section 1H(1) of the National Health Service Act 2006 . Karin Smyth Minister of State Department of Health and Social Care 17th November 2025 Explanatory Note (This note is not part of the Regulations) These Regulations require public bodies in England to undertake an assessment of the risk that modern slavery or human trafficking is taking place in relation to the supply of any good or service which is being procured for the health service in England (see regulations 4, 5 and 6), and which is not excluded from the scope of the Regulations by regulation 3(2). When a public body has carried out that assessment, the public body is required to take reasonable steps to address the risk identified by the assessment, and if possible eliminate it (regulation 7). The Regulations identify reasonable steps in relation to the procurement (regulation 8), and in relation to the management of the contract (regulation 9). They also require public bodies to undertake a re-assessment of the risk in certain circumstances (see regulation 10), give NHS England power to issue guidance in relation to the Regulations, and require public bodies to have regard to that guidance (regulation 11). A full impact assessment of the effect that this draft instrument will have on the public sector is available from www.legislation.gov.uk and from the Department of Health and Social Care, 39 Victoria Street, London SW1H 0EU. 2006 c. 41 . Section 12ZC was inserted by section 81(2) of the Health and Care Act 2022 (c. 31) . 2023 c. 54 . Section 12ZB was inserted by section 79 of the Health and Care Act 2022. 1996 c. 18 . Section 230 has been amended by section 15(1) of the Public Interest Disclosure Act 1998 (c. 23) , section 149(3) of the Small Business, Enterprise and Employment Act 2015 (c. 26) and paragraph 41 of Schedule 7 to the Children and Families Act 2014 (c. 6) . Section 87 has been amended by S.I. 2024/782 . S.I. 2023/1348 . Regulation 11 has been amended by S.I. 2025/163 . There are other amendments not relevant to this instrument. 2006 c. 41 . Section 1H was inserted by section 9(1) of the Health and Social Care Act 2012 (c. 7) , and amended by paragraph 1 of Schedule 1 to the Health and Care Act 2022. There are other amendments to section 1H which are not relevant to this instrument.
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[uk-legislation-uksi][uksi] 2025-11-24 The European Registers of Road Transport Undertakings (Disclosure of Information) (Amendment) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1202/made
http://www.legislation.gov.uk/uksi/2025/1202/made The European Registers of Road Transport Undertakings (Disclosure of Information) (Amendment) Regulations 2025 King's Printer of Acts of Parliament 2025-11-19 ROAD TRAFFIC The Regulations implement two decisions of the Specialised Committee on Road Transport (“the SCRT”), established under Article 8 of the Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the European Union and the European Atomic Energy Community, of the other part, done at Brussels and London on 30th December 2020 (“the TCA”), relating to the good repute of road haulage operators and the reconnection of the United Kingdom to the European Register of Road Transport Undertakings (“ERRU”), specifically: 2025 No. 1202 ROAD TRAFFIC The European Registers of Road Transport Undertakings (Disclosure of Information) (Amendment) Regulations 2025 Made 17th November 2025 Laid before Parliament 19th November 2025 Coming into force 1st January 2026 The Secretary of State makes these Regulations in exercise of the powers conferred by section 31(1) and (2) of, and paragraph 27 of Schedule 5 to, the European Union (Future Relationship) Act 2020 . Citation, commencement and extent 1 1 These Regulations may be cited as the European Registers of Road Transport Undertakings (Disclosure of Information) (Amendment) Regulations 2025 and come into force on 1st January 2026. 2 These Regulations extend to England and Wales, Scotland and Northern Ireland. Amendment of Regulation (EC) No 1071/2009 2 1 Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator is amended as follows. 2 In Article 16 (National electronic registers)— a in paragraph 2— i in point (c), for “to meet the conditions as” substitute “as meeting the requirements laid down in Article 3 relating” ; ii at the end of point (f) insert— ; g in the case of an undertaking which engages in the occupation of road haulage operator, the registration numbers of the vehicles at the disposal of the undertaking; h in the case of an undertaking which engages in the occupation of road haulage operator, the risk rating band of the undertaking ; iii in the second subparagraph— aa for “points (e) and (f)” substitute “points (e) to (h)” ; bb for the second sentence substitute “In such cases, the data referred to in points (e) and (f) must be made available upon request or be directly accessible to all the competent authorities” ; cc for “30 working days” substitute “five working days” ; iv after the second subparagraph, insert— The data referred to in points (g) and (h) of the first subparagraph must be made available to the competent authorities during roadside checks. ; v in the final subparagraph, for “In any case, the data referred to in points (e) and (f)” , substitute “The data referred to in points (e) to (h)” ; b in paragraph 4, omit from “, in particular” to the end of that sentence. Amendment of Commission Decision 2009/992/EU 3 1 The Annex to Commission Decision of 17 December 2009 on minimum requirements for the data to be entered in the national electronic register of road transport undertakings is amended as follows. 2 After “Community licence”, in each place it occurs, except in the first indent in the row corresponding to the data item “Type” in the third column headed “Additional description of data field”, insert “or UK licence for the Community” . 3 In the rows relating to the data category “Transport undertaking”, after the row relating to the data item “Legal form”, insert— Risk rating band Declaration of either: ‘Grey’ ‘Green’ ‘Amber’ ‘Red’ Total number of Managed Vehicles Free text numeric field 1-6 . 4 In the rows relating to the data category “Authorisation”— a in the row corresponding to the data item “Type”, in the third column headed “Additional description of data field”, after the third indent, insert “— ‘Community licence or UK licence for the Community for goods transport, exclusively ≤3.5 t’” ; b for the row corresponding to the data item “Number of vehicles covered”, substitute— Number of vehicles managed under the authorisation Free text numeric field 1-6 ; c in the row corresponding to the data item “Vehicle registration number”, omit table note (a); d in the row corresponding to the data item “Authorisation status”, in the final column omit “1-20” ; e in the row corresponding to the data item “Reason for suspension or withdrawal of the Community licence”, in the final column omit “1-100” ; f after the row corresponding to the data item “Serial number of certified true copy of Community licence”, insert— Start Date of the certified true copy Numeric data entry in ISO 8601 format (YYYY-MM-DD) 10 Expiry Date of the certified true copy Numeric data entry in ISO 8601 format (YYYY-MM-DD) 10 ; g after the row corresponding to the data item “Date of withdrawal of certified true copy”, insert— Suspension Date of the certified true copy Numeric data entry in ISO 8601 format (YYYY-MM-DD) 10 ; h in the second column, for “Expiry date of withdrawal of certified copy” , substitute “Expiry date of the suspension of the certified true copy” . 5 After the rows relating to the data category “Authorisation”, insert— Authorisation for data related to vehicles hired without a driver (undertakings that engage in the occupation of road haulage operator) Vehicle registration number Free text alpha-numeric field 1-15 Country of Registration of Vehicle Selected from two letter code ISO 3166-1 alpha 2, or ‘UK’ 2 . 6 In the rows relating to the data category “Legal representative of the undertaking (where appropriate)”, in the row corresponding to the data item “Place of birth”, in the third column, for “Free alpha text” substitute “Free text alpha-numeric field” . 7 In the rows relating to the data category “Transport Manager”, after the row corresponding to the data item “Country of issue of the certificate of professional competence”, insert— Validity of certificate of professional competence Declaration of either: ‘Valid’ ‘Invalid’ . 8 In the rows relating to the data category “Serious infringement”, for “Member State” substitute “Country” . 9 In the rows relating to the data category “Unfit Person”— a in the row corresponding to the data item “Reason for declaration of unfitness”, in the final column omit “1-100”; b in the row corresponding to the data item “Current rehabilitation measure”, in the second column, after “Current rehabilitation measure”, insert “(undertakings that engage in the occupation of road passenger transport operator)” ; c after the row corresponding to the data item “Current rehabilitation measure”, insert— Current rehabilitation measure (undertakings that engage in the occupation of road haulage operator) Declaration of either: ‘Appropriate training of at least three months’ ‘Exam on the subjects listed in Part I of Annex I to Regulation (EC) No 1071/2009 ’ . Amendment of Commission Regulation 2016/403 4 1 Commission Regulation (EU) 2016/403 of 18 March 2016 supplementing Regulation (EC) 1071/2009 of the European Parliament and of the Council with regard to the classification of serious infringements of the Union rules, which may lead to the loss of good repute by the road transport operator is amended as follows. 2 After the heading to Annex I (Categorisation of serious infringements), in the unnumbered paragraph before the heading to Section 1 (Groups of infringements against Regulation (EC) No 561/2006 of the European Parliament and of the Council (Driving and resting time)), at the end, insert “or of distorting competition in the road transport market, or both” . 3 In row 4 of the table comprising Section 1, for the entries in the third and fourth columns (Type of infringement), substitute— Exceed daily driving time of 9h by 50 % or more 13h30 ≤ ... . 4 In row 7 of the table comprising Section 1, for the entries in the third and fourth columns (Type of infringement), substitute— Exceed daily driving time of 10h by 50 % or more 15h ≤ ... . 5 In row 9 of the table comprising Section 1, in the fourth column (Type of infringement), for “70” substitute “70h” . 6 For row 28 of the table comprising Section 1, substitute— 28. Article 8.6 Exceeding 6 consecutive 24-hour periods following the previous weekly rest period 3h ≤ … < 12h X 28A. 12h ≤ ... X 28B. Article 8.6b No compensation rest for two consecutive reduced weekly rest periods X 28C. Article 8.8 Regular weekly rest period or any weekly rest period of more than 45 hours taken in a vehicle X 28D. Article 8.8 The employer not covering costs for accommodation outside the vehicle X . 7 For row 32 (Work organisation) of the table comprising Section 1, substitute— A32. Article 8.8a Transport undertaking not organising the work of drivers in such a way that the drivers are able to return to the employer’s operational centre, or to return to the drivers’ place of residence X 32. Article 10.1 Link between wage or payment and one or more of— distance travelled; speed of delivery; amount of goods carried X . 8 In Section 2 (Groups of infringements against Regulation (EU) No165/2014 of the European Parliament and of the Council (Tachograph)), for row 1 of the table, substitute— 1. Article 3.1, 1za, 1a and 1b and Article 22 Not having type-approved tachograph installed and used X . 9 In row 9 of the table comprising Section 2, for the words in the third column (Type of infringements), substitute “Having in the vehicle or using a fraudulent device able to modify the records of the tachograph” . 10 After the sub-heading “Producing information”, but before row 20, in the table comprising Section 2, insert— A20. Article 34.5, point (b)(v) Incorrect use or non-use of the ferry/train sign X B20. Article 34.6 Required information not entered on the record sheet X C20. Article 34.7 Records not showing the symbols of the countries whose borders were crossed by the driver during the daily working period X D20. Article 34.7 Records not showing the symbols of the countries where the driver’s daily working period started and finished X . 11 Omit rows 21 and 22 of the table comprising Section 2. 12 In row 4 of the table comprising Section 6 (Groups of infringements against Council Directive 92/6/EEC (Speed limitation devices)), in the third column (Type of infringements)— a for “Using” , substitute, “Having or using” ; b for “using” , substitute, “having or using” . 13 For the table comprising Section 10 (Groups of infringements against Regulation (EC) No 1072/2009 of the European Parliament and of the Council (Access to the international road haulage market)), substitute— No LEGAL BASIS TYPE OF INFRINGEMENT LEVEL OF SERIOUSNESS MSI VSI SI UK licence for the Community or Community licence 1. Article 3 and Article 8.1 Carrying goods without holding a valid UK licence for the Community or Community licence issued by a Member State (i.e. a UK licence for the Community or Community licence issued by a Member State is non-existent, falsified, withdrawn, expired, etc.) X 2. Article 4 The haulage undertaking or the driver unable to present a valid UK licence for the Community or a valid certified true copy of such a licence to the inspecting officer (i.e.: UK licence for the Community or certified true copy thereof lost, forgotten, damaged, etc.) X Driver attestation or EU driver attestation 3. Article 3 and Article 8.1 Carrying goods without holding a valid driver attestation or a valid EU driver attestation (i.e. driver attestation or EU driver attestation is non-existent, falsified; withdrawn, expired, etc.) X 4. Article 5 The driver or the haulage undertaking unable to present a valid EU driver attestation or a valid certified true copy of the EU driver attestation to the inspecting officer (i.e. EU driver attestation or certified true copy of the EU driver attestation lost, forgotten, damaged, etc.) X Cabotage 5. Article 9 Carrying out a cabotage operation not in compliance with the laws, regulations and administrative provisions in force in the United Kingdom X . 14 Omit Section 11 (Groups of infringements against Regulation (EU) No1073/2009 of the European Parliament and of the Council (Access to the market for coach and bus services)). 15 After Section 12, insert— 13. Infringement against Regulation (EC) No 593/2008 of the European Parliament and of the Council (law applicable to contractual obligations) No LEGAL BASIS TYPE OF INFRINGEMENT LEVEL OF SERIOUSNESS MSI VSI SI 1. Regulation (EC) No 593/2008 Violation of the law applicable to contractual obligations X 14. Groups of infringements against obligations under the Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the European Union and the European Atomic Energy Community, of the other part entered into on 30th December 2020 No. LEGAL BASIS TYPE OF INFRINGEMENT LEVEL OF SERIOUSNESS MSI VSI SI 1. Article 462, paragraphs 3 to 7 Failure to comply with the limitations on the number of journeys X 2. Article 463(3) The haulage undertaking or the driver unable to present a valid Community licence or a valid certified true copy of such a licence to the inspecting officer (i.e. Community licence or certified true copy thereof lost, forgotten, damaged, etc.) X Section 2 of Part A of Annex 31 3. Article 6(1), point (a) Incomplete information on the posting declaration X 4. Article 6(1), point (b) Failure to submit a posting declaration to the country to which the driver is posted no later than the commencement of the posting X 5. Article 6(1), point (b) Falsified posting declaration for drivers X 6. Article 6(1), point (b) Impossibility of the driver to present a valid posting declaration X 7. Article 6(1), point (b) Failure to put at the disposal of the driver a valid posting declaration X 8. Article 6(1), second subparagraph Failure to submit the requested documents to the host country within eight weeks from the date of the request X 9. Article 6(4) Failure of the operator to keep the posting declaration up to date in the public interface connected to IMI X . 16 In Annex II (Frequency of occurrence of serious infringements)— a in paragraph 1— i omit “of a Member State of establishment” ; ii for “Member States” , substitute “the competent authority” ; iii in point (c), for “drivers” substitute “vehicles” ; b in paragraph 2, for “driver” , in both places it occurs, substitute “vehicle” ; c in paragraph 3— i for “driver” , substitute “vehicle” ; ii for “drivers employed” , substitute “vehicles used” ; iii for “Member States” , substitute “The competent authority” ; iv for “their national administrative procedure” , substitute “the national administrative procedure” . 17 Omit Annex III (Infringements). Amendment of Commission Implementing Regulation (EU) 2016/480 5 1 Commission Implementing Regulation (EU) 2016/480 of 1 April 2016 establishing common rules concerning the interconnection of national electronic registers on road transport undertakings is amended as follows. 2 In Article 1 (subject matter), for “Article 16(5) of Regulation (EC) No 1071/2009 ” substitute “Articles 13 (national electronic registers) and 14 (administrative cooperation between competent authorities) of Section 1 (occupation of road haulage operator) of Part A of Annex 31 to the Trade and Cooperation Agreement” . 3 In Article 2— a in the words before point (a), after “Article 2 of Regulation (EC) No 1071/2009 ,” insert “other than the definition of ‘Competent authority’ in that Article,” ; b in point (a) (definition of “ERRU”), for “Article 16(5) of Regulation (EC) No 1071/2009 ” substitute “with Articles 13 and 14 of Section 1 of Part A of Annex 31 to the Trade and Cooperation Agreement” ; c in point (c) (definition of “Broadcast search”)— i for “Member State” , substitute “participating country” ; ii for “Member States” , substitute “participating countries” ; d in point (d) (definition of “Central hub”), for “Member States” , substitute “participating countries” ; e after point (d) insert— da ‘Clean check’ means a check where no infringements are detected; db ‘Competent authority’ means— i in Great Britain, a traffic commissioner; ii in Northern Ireland, the Department for Infrastructure; iii in a Member State, a national, regional or local authority in that Member State which, for the purpose of authorising the pursuit of the occupation of road transport operator, verifies whether an undertaking satisfies the conditions laid down in Regulation 1071/2009 as it has effect in EU law as amended from time to time, and which is empowered to grant, suspend or withdraw an authorisation to pursue the occupation of road transport operator; ; f in point (f) (definition of “Member State of infringement”)— i for “Member State” , in the first place it occurs, substitute “Country” ; ii for “Member State” , in the second place it occurs, substitute “participating country” ; g in point (g) (definition of “Member State of establishment”)— i for “Member State” , in the first place it occurs, substitute “Country” ; ii for “Member State” , in the second place it occurs, substitute “participating country” ; h in point (h) (definition of “National system”), for “Member State” , substitute “participating country” ; i after point (h), insert— ha ‘Participating country’ means a Member State or the United Kingdom, or a Member State and the United Kingdom, as the context requires; ; j in point (j) (definition of “Requesting Member State”)— i for “Member State” , in the first place it occurs, substitute “country” ; ii for “Member State” , in the second place it occurs, substitute “participating country” ; iii for “Member States” substitute “countries” ; k in point (k) (definition of “Responding Member State”)— i for “Member State” , in the first place it occurs, substitute “country” ; ii for “Member State” , in the second place it occurs, substitute “participating country” ; l at the end of point (k), insert— ; l ‘Trade and Cooperation Agreement’ has the meaning given in section 37(1) of the European Union (Future Relationship) Act 2020 . 4 In Article 3 (obligation to connect to ERRU)— a in the first paragraph— i for “Member States” , substitute “Participating countries” ; ii for “Article 16 of Regulation (EC) No 1071/2009 ” substitute “Articles 13 and 14 of Section 1 of Part A of Annex 31 to the Trade and Cooperation Agreement” ; b omit the second paragraph. 5 In Article 5 (use of ERRU)— a in paragraph 2— i for “Member States” , substitute “Participating countries” ; ii for “ERRU Check Community Licence” substitute “Check Transport Undertaking Data” ; b in paragraph 3, for “Member State” , substitute “participating country” . 6 In Article 7 (entry into force), omit the third paragraph. 7 In Annex I (general aspects of ERRU)— a in point 1 (architecture)— i in point 1.1— aa for “Member State” , in each place it occurs, substitute “country” ; bb for “Member States” , substitute “countries” ; ii in point 1.2, for “Member State” , substitute “participating country” ; b in point 2 (management)— i in point 2.4, for “Member States” substitute “Participating countries” ; ii in point 2.5 (MOVEHUB web portal)— aa in point (a), for “Member State” substitute “Participating country” ; bb in point (b), for “Member State” substitute “participating country” ; iii in point 2.6 (contact management)— aa for “Member State” , in both places it occurs, substitute “participating country” ; bb for “Member State’s” substitute “participating country’s” ; cc for “Member States” substitute “participating countries” . 8 In Annex II (ERRU functionalities)— a in point 1.1— i for “Member State” , substitute “country” ; ii for “Member States” , substitute “countries” ; b for point 1.2, substitute— 1.2 Notification of Check Result (NCR): allows the participating country where the check was carried out to notify the result of a check to the country of establishment. When a serious infringement has been found during the check, the participating country where the infringement was detected notifies the country of establishment through NCR that the transport undertaking has committed a serious infringement, and may request penalties to be applied to the transport undertaking in the country of establishment. When no infringement has been detected during the check, NCR allows the country where the check has been carried out to notify the country of establishment the positive result of the check. ; c for point 1.3, substitute— 1.3 Check Transport Undertaking Data (CTUD): allows the requesting country to send a query to the responding country about the following data that are specific to a transport undertaking: — information about the UK licence for the Community or Community licence and the certified true copies, — risk rating band, — number of vehicles at the disposal of the transport undertaking, — registration number and registration country of the vehicles at the disposal of the transport undertaking. ; d after point 1.3 insert— 1.4 Notification of Unfitness (NU): allows a participating country to inform all other participating countries that a transport manager has been declared unfit and that, as a result, its certificate of professional competence is no longer valid in any participating country. . 9 In Annex III (ERRU message provisions), in point 1 (general technical requirements), for “Member States” , in both places it occurs, substitute “Participating countries” . 10 In the Appendix to Annex III— a in the table entitled “Minimum requirements for the content of XML messages”— i in the row relating to “Workflow Identifier”, in the second column, for “Member State” , substitute “country” ; ii in the row relating to “Timeout”, in the second column, for “Member State” , substitute “country” ; iii in the row relating to “From”, in the second column, for “Member State” , substitute “participating country” ; iv in the row relating to “To”, in the second column, for “Member State” , substitute “participating country” ; b in the table entitled “Check Good Repute”— i in the entries under the heading “Check Good Repute Request”, after the row relating to the transport manager’s place of birth, insert— Address The address (including city, postcode and country) of the transport manager. No ; ii in the entries under the heading “Check Good Repute Response”— aa in the row relating to the found transport manager’s place of birth, for the entry in the third column (Mandatory), for “Yes” substitute “No” ; bb after the row relating to the found transport manager’s CPC issue country, insert— CPC Validity Declaration of either ‘Valid’ or ‘Invalid’. Yes ; cc after the row relating to the found manager’s fitness, insert— Start Date of Unfitness Start date of unfitness of the transport manager in ISO 8601 format (YYYY-MM-DD). Yes if ‘Fitness’ is ‘Unfit’. ; dd for the row relating to the found transport manager’s end date of unfitness, substitute— End Date of Unfitness End date of unfitness of the transport manager in ISO 8601 format (YYYY-MM-DD). Yes if ‘Fitness’ is ‘Unfit’. ; ee for the rows relating to the transport undertaking’s Community licence number and Community licence status, substitute— Licence Number The serial number of the UK licence for the Community or Community licence of the transport undertaking (free text alphanumeric field with length 1 to 20). Yes Licence Status The status of the UK licence for the Community or Community licence of the transport undertaking as recorded in the register. Yes ; c for the table entitled “Infringement notification” to the end of the Appendix, substitute— Notification of Check Result Notification of Check Result Mandatory Business Case Identifier A serial or reference number identifying each individual notification. Yes Notifying Competent Authority The competent authority that issues the notification. Yes Transport Undertaking Yes Transport Undertaking Name The name of the transport undertaking being object of the check. Yes Licence Number The serial number of the UK licence for the Community or Community licence or of the certified true copy of the transport undertaking (free text alphanumeric field with length 1 to 20). Yes Vehicle Registration Number The vehicle registration number of the vehicle checked. Yes Vehicle Registration Country The country in which the vehicle checked is registered. Yes General information about the check Date of check Date of check in ISO 8601 format (YYYY-MM-DD). Yes Clean check Yes/No Yes Minor infringements Yes, if minor infringement(s) detected during the check Date of minor infringement Date of the infringement in ISO 8601 format (YYYY-MM-DD). Yes Number of minor infringements The number of minor infringements detected. Yes Serious infringement Yes, if serious infringement detected during the check Date of Infringement Date of the infringement in ISO 8601 format (YYYY-MM-DD). Yes Category The category of the infringement: MSI: Most serious infringement VSI: Very serious infringement SI: Serious infringement. Yes Infringement Type In accordance with the classification provided in Annex IV to Regulation (EC) No 1071/2009 and Annex I to Commission Regulation No (EU) 2016/403. Yes Appeal Possible If an appeal against the infringement is still possible at the time of notification. Yes/No Yes Penalty Imposed (for each serious infringement) Yes, if relevant Penalty Imposed Identifier The serial number of the individual penalty imposed. Yes Final Decision Date The final decision date of the penalty imposed in ISO 8601 format (YYYY-MM-DD). Yes Penalty Type Imposed Declaration of either: 101: ‘Warning’ 201: ‘Temporary ban on cabotage operations 202: ‘Fine’ 203: ‘Prohibition’ 204: ‘Immobilisation’ 102: ‘Other’. Yes Start Date The start date of the penalty imposed in ISO 8601 format (YYYY-MM-DD). No End Date The end date of the penalty imposed in ISO 8601 format (YYYY-MM-DD). No Executed Yes/No Yes Penalty Requested (for each Serious Infringement) No Penalty Requested Identifier The serial number of the individual penalty requested. Yes Penalty Type Requested Declaration of either: 101: ‘Warning’ 301: ‘Temporary withdrawal of some or all of the certified true copies of the UK licence for the Community or Community licence’ 302: ‘Permanent withdrawal of some or all of the certified true copies of the UK licence for the Community or Community licence’ 303: ‘Temporary withdrawal of the UK licence for the Community or Community licence’ 304: ‘Permanent withdrawal of the UK licence for the Community or Community licence’ 305: ‘Suspension of the issue of driver attestations’ 306: ‘Withdrawal of driver attestations’ 307: ‘Issue of driver attestations subject to additional conditions in order to prevent misuse’. Yes Duration The duration of the requested penalty (calendar days). No Notification of Check Result Response Mandatory, if infringement(s) detected during the check Business Case Identifier A serial or reference number matching the business case identifier of the notification. Yes Originating Competent Authority The competent authority that issued the original infringement notification. Yes Licensing Competent Authority The competent authority responding to the infringement notification. Yes Status Code The status code of the infringement response (e.g. found, not found, error, etc.). Yes Status Message An explanatory status description (if necessary). No Transport Undertaking Yes Transport Undertaking Name The name of the transport undertaking as recorded in the register. Yes Transport Undertaking Address The address of the transport undertaking (including postal code, city, country) as recorded in the register. Yes Licence Number The serial number of the UK licence for the Community or Community licence of the transport undertaking as recorded in the register (free text alphanumeric field with length 1 to 20). Yes Licence Status The status of the UK licence for the Community or Community licence of the transport undertaking as recorded in the register. Yes Penalty Imposed No Penalty Imposed Identifier The serial number of the individual penalty imposed (given in the Penalty Requested Identifier of the Notification of Check Result). Yes Competent Authority Imposing Penalty The name of the competent authority imposing the penalty. Yes Is Imposed Yes/No Yes Penalty Type Imposed Declaration of either: 101: ‘Warning’ 301: ‘Temporary withdrawal of some or all of the certified true copies of the UK licence for the Community or Community licence’ 302: ‘Permanent withdrawal of some or all of the certified true copies of the UK licence for the Community or Community licence’ 303: ‘Temporary withdrawal of the UK licence for the Community or Community licence’ 304: ‘Permanent withdrawal of the UK licence for the Community or Community licence’ 305: ‘Suspension of the issue of driver attestations’ 306: ‘Withdrawal of driver attestations’ 307: ‘Issue of driver attestations subject to additional conditions in order to prevent misuse’ 102: ‘Other’. Yes Start Date The start date of the penalty imposed in ISO 8601 format (YYYY-MM-DD). No End Date The end date of the penalty imposed in ISO 8601 format (YYYY-MM-DD). No Reason Reason if penalty is not imposed. No Notification of Check Result Acknowledgement Mandatory Business Case Identifier A serial or reference number matching the business case identifier of the notification or the response. Yes Status Code Status code of the acknowledgement. Yes Status Message Status Message String. No Originating Competent Authority For a NCRN_Ack: in the legislation this field is represented as ‘Destination Competent Authority Identifier’. For a NCRR_Ack: in the legislation this field is represented as ‘Acknowledging Competent Authority Identifier’. Yes Licensing Competent Authority For a NCRN_Ack: in the legislation this field is represented as ‘Acknowledging Competent Authority Identifier’. For a NCRR_Ack: in the legislation this field is represented as ‘Destination Competent Authority Identifier’. Yes Acknowledgement Type Defining Acknowledgement Type Possible Values: ‘NCRN_Ack’ ‘NCRR_Ack’. Yes Check Transport Undertaking Data Check Transport Undertaking Data Request Mandatory Business Case Identifier A serial or reference number identifying each individual request. Yes Originating Competent Authority The competent authority issuing the search request. Yes Transport Undertaking Identification Yes Transport Undertaking Name The name of the transport undertaking. At least two of the search fields are required. Licence Number The serial number of the UK licence for the Community or Community licence or of the certified true copy (free text alphanumeric field with length 1 to 20). Vehicle Registration Number The registration number of one of the vehicles of the transport undertaking. Vehicle Registration Country The country of registration of the vehicle. Yes, if vehicle registration number provided. Request All Vehicles To request the registration numbers of all vehicles managed by the undertaking. Yes/No Yes Check Transport Undertaking Data Response Mandatory Business Case Identifier A serial or reference number identifying each individual request. Yes Originating Competent Authority The competent authority issuing the search request. Yes Responding Competent Authority The competent authority providing the response. Yes Status Code The status code of the response (e.g. found, not found, error, etc.). Yes Status Message An explanatory status description (if necessary). No General Information about the Transport Undertaking Yes, if status code is found Transport Undertaking Name The name of the transport undertaking (name and legal form). Yes Transport Undertaking Address The address of the transport undertaking (including postal code, city, country) as recorded in the register. Yes Number of Managed Vehicles The number of vehicles managed as recorded in the register. Yes Risk Rating Band The risk rating band of the undertaking (green, amber, red, grey). Yes Licence Details Yes, if status code is found Licensing Competent Authority The competent authority that issued the UK licence for the Community or Community licence to the transport undertaking. Yes Licence Number The serial number of the UK licence for the Community or Community licence of the transport undertaking as recorded in the register (free text alphanumeric field with length 1 to 20). Yes Licence Status The status of the UK licence for the Community or Community licence of the transport undertaking as recorded in the register. Yes Licence Type The type of the UK licence for the Community or Community licence as recorded in the register. A declaration of: ‘UK licence for the Community or Community licence for goods transport’ ‘UK licence for the Community or Community licence for goods transport, exclusively ≤ 3.5 t’ National licence for goods transport’. Yes Start Date The start date of the UK licence for the Community or Community licence. Yes Expiry Date The expiry date of the UK licence for the Community or Community licence. Yes Withdrawal Date The withdrawal date of the UK licence for the Community or Community licence. Yes, if found Suspension Date The suspension date of the UK licence for the Community or Community licence. Yes, if found Suspension Expiry Date The date on which the UK licence for the Community or Community licence suspension expires. Yes, if found Certified True Copy Details Yes Certified True Copy Number The serial number of each certified true copy of the UK licence for the Community or Community licence of the transport undertaking as recorded in the register (free text alphanumeric field with length 1 to 20). Yes Start Date The start date of each certified true copy of the UK licence for the Community or Community licence. Yes Expiry Date The expiry date of each certified true copy of the UK licence for the Community or Community licence. Yes Withdrawal Date The withdrawal date of each certified true copy of the UK licence for the Community or Community licence. Yes, if found Suspension Date The suspension date of the certified true copy of the UK licence for the Community or Community licence. Yes, if found Suspension Expiry Date The date on which each certified true copy of the UK licence for the Community or Community licence suspension expires. Yes, if found Vehicle Details Yes, if value of ‘Request All Vehicles’ in CTUD Request is ‘Yes’. Vehicle Registration Number The registration number of each of the vehicles of the transport undertaking. Yes Vehicle registration country The registration country of each of the vehicles of the transport undertaking. Yes Notification of Unfitness Notification of Unfitness Mandatory Business Case Identifier A serial or reference number identifying each individual notification. Yes Notifying Competent Authority The competent authority that issues the notification. Yes Transport Manager Details Yes, if no CPC details Family Name Transport manager’s family name as indicated on the CPC. Yes First Name Transport manager’s complete given name as indicated on the certificate of professional competence. Yes Date of Birth Transport manager’s birth date in ISO 8601 format (YYYY-MM-DD). Yes Place of Birth Transport manager’s place of birth. No CPC Details Yes, if no transport manager details CPC Number Number of certificate of professional competence. Yes CPC Issue Date Date of issuance of the CPC, in ISO 8601 format (YYYY-MM-DD). Yes CPC Issue Country Issuing country of the CPC in ISO 3166-1 alpha 2 format. Yes Declaration of Unfitness Yes Start Date of Unfitness Start date of unfitness, in ISO 8601 format (YYYY-MM-DD). Yes Notification of Unfitness Acknowledgement Mandatory Business Case Identifier A serial or reference number matching the business case identifier of the notification. Yes Originating Competent Authority The competent authority issuing the notification. Yes Responding Competent Authority The competent authority providing the acknowledgement. Yes Status Code Status code of the acknowledgement. Yes Status Message Status Message String. No . 11 In Annex IV (transliteration and NYSIIS services)— a in point 2, for “Member States” , substitute “Participating countries” ; b in point 3, for “Member States” , substitute “participating countries” . 12 In Annex VI (service levels)— a in point 1.3, for “Member States” , substitute “Participating countries” ; b for point 1.5, for the words before point 1.5.1, substitute— When sending Check Good Repute responses, Notification of Check Result acknowledgements, Check Transport Undertaking Data responses and Declaration of Unfitness acknowledgements in accordance with Annex VIII: ; c in point 1.7, for “Member States” , substitute “participating countries” ; d in point 3 (Maintenance)— i for “Member States” , in the first place it occurs, substitute “Participating countries” ; ii for “Member States” , in the second place it occurs, substitute “participating countries” . 13 In Annex VII (logging and statistics)— a in point 1, for “Member States” , substitute “participating countries” ; b in point 5, for “Member State” , in both places it occurs, substitute “country” . 14 In Annex VIII (use of ERRU)— a in point 1 (checking the good repute of transport managers)— i for “Member States” , in the first two places it occurs, substitute “participating countries” ; ii for “Member States”, in the third place it occurs, substitute “countries” ; b for point 2 (exchange of information on infringements) to the end of Annex VIII, substitute— 2. NOTIFICATION OF CHECK RESULTS 2.1 For the notification of a serious infringement through ERRU, the country of infringement must send a Notification of Check Result to the country of establishment with the information about the infringement. Infringements not categorised in Regulation (EC) No 1071/2009 need not be notified. 2.2 When no infringement has been detected during the check, a Notification of Check Result must be sent to the country of establishment consisting of the information about the clean check as set out in Annex III. 2.3 A check is not considered as a clean check when minor infringements have been detected. Where only minor infringements have been detected during the check, a Notification of Check Result must be sent to the country of establishment consisting of information about the date and number of minor infringements detected. 2.4 The Notification of Check Result must be sent as soon as possible, and at the latest within 6 weeks of the final decision on the infringements detected, if any, providing the information set out in Annex III. 2.5 The country of establishment must reply to the Notification of Check Result by sending a Notification of Check Result Response, as soon as possible and at the latest within 6 weeks of the final decision on the matter, informing of which, if any, of the penalties requested by the country of infringement have been imposed. If such penalties are not imposed, the Notification of Check Result Response must include the reasons therefor. The Notification of Check Result Response is not necessary when the Notification of Check Result refers to a clean check. 2.6 In all cases, a Notification of Check Result and a Notification of Check Result Response must be acknowledged by means of a Notification of Check Result Acknowledgement. 3. CHECKING THE TRANSPORT UNDERTAKING DATA 3.1 When checking through ERRU any of the transport undertaking data referred to in point 1.3 of Annex II, a participating country must send a Check Transport Undertaking Data Request to the country of establishment. 3.2 The country of establishment must reply by sending a Check Transport Undertaking Data Response. 3.3 Queries sent through the CTUD functionality must be carried out by entering either the name of the transport undertaking, its UK licence for the Community or Community licence number or the number of any of the certified true copies, or the registration number of any of its vehicles, without being necessary to perform a query by typing more than two of the aforementioned entries. 3.4 Responding countries, when searching in their registers the result of a CTUD request on the basis of either the UK licence for the Community or Community licence or the registration number of a vehicle, must take measures to adapt the format of the data in the search request to the format of the data in the national register. In particular, responding countries, when searching in their registers the result of a CTUD request on the basis of either the UK licence for the Community or Community licence or the registration number of a vehicle, may ignore special characters such as hyphens or slashes. Blanks may also be ignored. 3.5 Responding countries must return to the requesting countries all the information that is available through the XML messages defined in Annex III. If a part of the information requested has not been found, this does not preclude responding countries from providing the rest of the information requested that is available in the register, including the registration number of vehicles with no associated certified true copy. 4. NOTIFYING THE UNFITNESS OF A TRANSPORT MANAGER 4.1 When a transport manager has been declared to be unfit in one participating country, that country may send a Notification of Unfitness to all other participating countries. 4.2 In all cases, a Notification of Unfitness must be acknowledged by means of a Notification of Unfitness Acknowledgement. . Signed by authority of the Secretary of State for Transport Keir Mather Parliamentary Under Secretary of State Department for Transport 17th November 2025 Explanatory Note (This note is not part of the Regulations) The Regulations implement two decisions of the Specialised Committee on Road Transport (“the SCRT”), established under Article 8 of the Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the European Union and the European Atomic Energy Community, of the other part, done at Brussels and London on 30th December 2020 (“the TCA”), relating to the good repute of road haulage operators and the reconnection of the United Kingdom to the European Register of Road Transport Undertakings (“ ERRU ”), specifically: Decision No 1/2025 of the SCRT on a list of categories, types and degrees of seriousness of serious infringements which may lead to the loss of good repute for a road haulage operator (see, in particular, Article 468(5) of, and Article 6(3) of Section 1 of Part 1 of Annex 31 to, the TCA); Decision No 2/2025 of the SCRT on the national electronic registers of road transport undertakings and the modalities of the exchange of information contained in those registers (see, in particular, Article 468(5) of, and Articles 13(2) and 14(5) of Section 1 of Part A of Annex 31 to, the TCA). The Regulations amend four pieces of assimilated legislation for this purpose: Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator; Annex to Commission Decision 2009/992/EU of 17 December 2009 on minimum requirements for the data to be entered in the national electronic register of road transport undertakings; Commission Regulation (EU) 2016/403 of 18 March 2016 supplementing Regulation (EC) No 1071/2009 of the European Parliament and of the Council with regard to the classification of serious infringements of the Union rules, which may lead to the loss of good repute by the road transport operator; Commission Implementing Regulation (EU) 2016/480 of 1 April 2016 establishing common rules concerning the interconnection of national electronic registers on road transport undertakings. Regulation 2 amends Regulation (EC) No 1071/2009 to implement the new requirements for data to be included in the national electronic register (risk rating bands and registration numbers for goods vehicle operators) as reflected in Article 2 of SCRT Decision 2/2025, and the requirements in that Decision as to how data is to be kept and accessed. Regulation 3 amends the Annex to Commission Decision 2009/992/EU to ensure the requirements for data to be entered into the UK’s national electronic register are consistent with UK laws as they have been amended since 2020 and to reflect in domestic law the adaptations applied to the Commission Decision 2009/992/EU by SCRT Decision 1/2025. Regulation 4 amends Commission Regulation (EU) 2016/403 to update the list of serious infringements which may lead to the loss of good repute by the road transport operator to reflect changes made in UK legislation since 2020 and the adaptations applied by SCRT Decision 1/2025 to Commission Regulation (EU) 2016/403 . Regulation 5 amends Commission Implementing Regulation (EU) 2016/480 to ensure the UK can connect effectively to ERRU and to reflect the adaptations applied to the Regulation by SCRT Decision 2/2025. A full impact assessment has not been prepared for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. A De Minimis Assessment has been prepared and is published on legislation.gov.uk alongside this instrument. An Explanatory Memorandum has been prepared for this instrument and is available alongside this instrument on the UK legislation website: www.legislation.gov.uk . 2020 c. 29 . See section 37 for the definition of “relevant national authority” and “Trade and Cooperation Agreement”. EUR 2009/1071, amended by S.I. 2019/708 , 2022/293 , 2022/727 and 2024/1370 . EUDN 2009/992. BS ISO 8601-1: 2019+A1: 2022 (Date and time - Representations for information interchange - Part 1: Basic rules). The ISBN for the English language version of the standard is ISBN 978-0-539-15553-2. Copies can be obtained from the British Standards Institution at https://knowledge.bsigroup.com/products/date-and-time-representations-for-information-interchange-basic-rules-1 and hard copies can be obtained from BSI Customer Services, 389 Chiswick High Road, London W4 4AL. BS ISO 3166-1: 2020 (Codes for the representation of names of countries and their subdivisions - Part 1: Country code). The ISBN for the English language version of the standard is ISBN: 978-0-580-96852-5. Copies can be obtained from the British Standards Institution at https://knowledge.bsigroup.com/products/codes-for-the-representation-of-names-of-countries-and-their-subdivisions-country-code and hard copies can be obtained from BSI Customer Services, 389 Chiswick High Road, London W4 4AL. A list of country names and their alpha-2 codes can be accessed via ISO’s online browsing platform at https://www.iso.org/obp/ui/#search . EUR 2016/403, amended by S.I. 2025/402 . EUR 2006/561, amended by S.I. 2019/453 , 2020/1658 , 2021/135 , 2022/1260 and 2025/402 . EUR 2014/165, amended by S.I. 2019/453 , 2021/135 , 2022/1260 , 2023/739 and 2025/402 . OJ No. L 57, 2.3.1992, p. 27; relevant amending instruments are OJ No. L 327, 4.12.2002, p. 8-9. EUR 2009/1072, as amended by S.I. 2019/708 , 2020/1662 , 2022/293 , 2022/1260 and 2025/82 . EUR 2009/1073, as amended by S.I. 2019/741 . This Regulation has been revoked by S.I. 2024/1370 . EUR 2008/593, as amended by S.I. 2019/834 and 2025/82 . CP 426. EUR 2016/480. OJ No. L 300, 14.11.2009, p. 51.
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[uk-legislation-uksi][uksi] 2025-11-24 The Wireless Telegraphy (Mobile Spectrum Trading) (Amendment) (No. 2) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1149/made
http://www.legislation.gov.uk/uksi/2025/1149/made The Wireless Telegraphy (Mobile Spectrum Trading) (Amendment) (No. 2) Regulations 2025 en King's Printer of Acts of Parliament 2025-11-04 ELECTRONIC COMMUNICATIONS These Regulations amend the Wireless Telegraphy (Mobile Spectrum Trading) Regulations 2011 (“the principal Regulations”) (S.I. 2011/1507, amended by S.I. 2013/646, S.I. 2015/1339, S.I. 2019/951 and 2025/700). This Statutory Instrument has been made in consequence of defects in S.I. 2020/1068 and S.I. 2025/967 and is being issued free of charge to all known recipients of those Statutory Instruments. 2025 No. 1149 Electronic Communications The Wireless Telegraphy (Mobile Spectrum Trading) (Amendment) (No. 2) Regulations 2025 Made 30th October 2025 Coming into force 24th November 2025 The Office of Communications (“ OFCOM ”) make these Regulations in exercise of the powers conferred by sections 30(1), (3) and 122(7) of the Wireless Telegraphy Act 2006 (“ the Act ”). Before making these Regulations, OFCOM gave notice of their proposal to do so in accordance with section 122(4)(a) of the Act, published notice of their proposal in accordance with section 122(4)(b) of the Act, and considered the representations made to them before the time specified in the notice in accordance with section 122(4)(c) of the Act. Citation, commencement and extent 1 1 These Regulations may be cited as the Wireless Telegraphy (Mobile Spectrum Trading) (Amendment) (No. 2) Regulations 2025 and come into force on 24th November 2025. 2 These Regulations extend to England and Wales, Scotland and Northern Ireland. Amendment of the Wireless Telegraphy (Mobile Spectrum Trading) Regulations 2011 2 In the Wireless Telegraphy (Mobile Spectrum Trading) Regulations 2011 , in regulation 6 (circumstances in which a transfer is not authorised)— a for paragraph (b) substitute— b any sum payable in respect of that licence under— i the Wireless Telegraphy (Licence Charges for the 900 MHz Frequency Band and the 1800 MHz Frequency Band) Regulations 2025 ; or ii the Wireless Telegraphy (Licence Charges for the 2100 MHz Frequency Band) Regulations 2025 ; is owing to OFCOM because it has not been paid by the time it became due; ; b omit paragraph (c). David Willis Group Director, Spectrum Group For and by the authority of the Office of Communications 30th October 2025 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend the Wireless Telegraphy (Mobile Spectrum Trading) Regulations 2011 (“ the principal Regulations ”) ( S.I. 2011/1507 , amended by S.I. 2013/646 , S.I. 2015/1339 , S.I. 2019/951 and 2025/700 ). Regulation 6 of the principal Regulations sets out the circumstances in which a transfer of rights and obligations arising by virtue of a wireless telegraphy licence is not authorised. Regulation 2 amends that regulation to omit paragraph (c), with the effect that, where a licensee has chosen to pay the licence charge for the licence by instalments, the requirement for all instalment payments to be paid to OFCOM before a transfer is authorised is removed. It also amends paragraph (b) (which provides that a transfer is not authorised where a sum payable in respect of that licence to OFCOM has not been paid by the time it became due) to remove the references to revoked legislation and to include references to the current Wireless Telegraphy (Licence Charges for the 900 MHz Frequency Band and the 1800 MHz Frequency Band) Regulations 2025 ( S.I. 2025/967 ) and the Wireless Telegraphy (Licence Charges for the 2100 MHz Frequency Band) Regulations 2025 ( S.I. 2025/1053 ). A full impact assessment of the effect that this instrument will have on the costs to business and the voluntary sector is available to the public from OFCOM at Riverside House, 2a Southwark Bridge Road, London SE1 9HA (Tel: 020 7981 3000) or on the OFCOM website at www.ofcom.org.uk . Copies of the report have also been placed in the libraries of both Houses of Parliament. 2006 c. 36 S.I. 2011/1507 , amended by S.I. 2019/951 ; there are other amendments but none are relevant here. S.I. 2025/967 . S.I. 2025/1053 .
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[uk-legislation-uksi][uksi] 2025-11-24 The Income Tax (Pay As You Earn) (Amendment No. 2) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1144/made
http://www.legislation.gov.uk/uksi/2025/1144/made The Income Tax (Pay As You Earn) (Amendment No. 2) Regulations 2025 en King's Printer of Acts of Parliament 2025-11-03 INCOME TAX The Regulations amend the Income Tax (Pay As You Earn) Regulations 2003 (S.I. 2003/2682) (“the PAYE Regulations”). 2025 No. 1144 Income Tax The Income Tax (Pay As You Earn) (Amendment No. 2) Regulations 2025 Made 30th October 2025 Laid before the House of Commons 3rd November 2025 Coming into force 24th November 2025 The Commissioners for His Majesty’s Revenue and Customs make these Regulations in exercise of the powers conferred by section 684(1) and (2) of the Income Tax (Earnings and Pensions) Act 2003 . Citation and commencement 1 These Regulations may be cited as the Income Tax (Pay As You Earn) (Amendment No. 2) Regulations 2025 and come into force on 24th November 2025. Amendment of the Income Tax (Pay As You Earn) Regulations 2003 2 1 The Income Tax (Pay As You Earn) Regulations 2003 are amended as follows. 2 In regulation 2(1) (interpretation), in the definition of “Inland Revenue”, for “any officer of the Board of Inland Revenue” substitute “HMRC” . 3 In regulation 198(1) (use of unauthorised method of electronic communication), for “the Board of Inland Revenue or to the Inland Revenue” substitute “HMRC” . Angela MacDonald Jonathan Athow Two of the Commissioners for His Majesty’s Revenue and Customs 30th October 2025 EXPLANATORY NOTE (This note is not part of the Regulations) The Regulations amend the Income Tax (Pay As You Earn) Regulations 2003 ( S.I. 2003/2682 ) (“ the PAYE Regulations ”). Regulation 2(1) of the Regulations amends the definition of Inland Revenue in regulation 2 of the PAYE Regulations to include the Commissioners of His Majesty’s Revenue and Customs as well officers of His Majesty’s Revenue and Customs. As a consequence of this amendment, Commissioners will be able to carry out some functions previously only carried out by officers. Regulation 2(2) of the Regulations makes a consequential amendment to regulation 198(1) of the PAYE regulations so that it does not refer to the Commissioners twice. A Tax Information and Impact Note has not been prepared for this instrument as it contains no substantive changes to tax policy. 2003 c. 1 . Section 684 was amended by paragraph 102 of Schedule 4 to the Commissioners for Revenue and Customs Act 2005 (c. 11) with the effect that the Commissioners for His Majesty’s Revenue and Customs have the power to make the Regulations. Further relevant amendments were also made by paragraphs 1, 2, 3 and 7 of Schedule 58 to the Finance Act 2009 (c. 10) . S.I. 2003/2682 , amended by S.I. 2007/1077 ; there are other amendments but none is relevant. “HMRC” is defined in regulation 2 as meaning “Her Majesty’s Revenue and Customs” and was inserted as a definition by S.I. 2007/1077 . “Her Majesty’s Revenue and Customs” is defined in section 4 of the Commissioners for Revenue and Customs Act 2005 c. 11 .
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[uk-legislation-uksi][uksi] 2025-11-25 The Building Safety Levy (England) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1236/made
http://www.legislation.gov.uk/uksi/2025/1236/made The Building Safety Levy (England) Regulations 2025 King's Printer of Acts of Parliament 2025-11-25 BUILDING AND BUILDINGS, ENGLAND These Regulations make provision for the imposition of a Building Safety Levy (“the levy”) by reference to building control applications. These Regulations provide for who is liable to pay the levy, how it is to be calculated, when it is to be paid, and how the revenue collected is passed to the Secretary of State. They also set out the consequences for failure to provide information for the purpose of the levy and for failure to pay the levy. The Building Safety Levy (England) Regulations 2025 2025 No. 1236 BUILDING AND BUILDINGS, ENGLAND The Building Safety Levy (England) Regulations 2025 Made 19th November 2025 Coming into force in accordance with regulation 1(2) The Secretary of State makes these Regulations in exercise of the powers conferred by sections 1(1), 47(1), (2) and (5), 50(4) and (6), 51(1), 51A(2) and (3), 105C(1), (3), (5), (6) and (8) and 120A(2) and (3) of the Building Act 1984 . In accordance with section 120B(3) of the Building Act 1984, the Secretary of State has consulted the regulator (which has the meaning given in section 126 of the Building Act 1984) and such other persons as the Secretary of State considers appropriate. In accordance with section 120A(7) of that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament. Part 1 INTRODUCTORY Citation, commencement, extent and application 1 1 These Regulations may be cited as the Building Safety Levy (England) Regulations 2025. 2 These Regulations come into force on 1st October 2026. 3 These Regulations extend to England and Wales. 4 These Regulations apply in relation to England only. 5 These Regulations do not apply in relation to any building control application made before the day on which these Regulations come into force (“commencement date”). 6 These Regulations do not apply to— a a variation application made on or after the commencement date, or b a commencement notice given on or after the commencement date, if the variation application or commencement notice relates to an original application which was made before the commencement date. Interpretation 2 1 In these Regulations— “ the 1984 Act ” means the Building Act 1984; “ the 2010 Regulations ” means the Building Regulations 2010 ; “ bedspace ” has the meaning given by regulation 6 (4) ; “ building ”, except in regulation 21 , means any permanent or temporary building but not any other kind of structure or erection, and a reference to a building includes a reference to part of a building; “ building control application ” has the meaning given by regulation 5 (1) ; “ building safety levy ” has the meaning given by regulation 3; “ building safety levy information ” has the meaning given in— in relation to a higher-risk building application or an updated application where the variation application is a change control application, regulation 17A of the HRB Regulations ; in relation to an application for building control approval with full plans or a section 91ZB application, regulation 14ZA of the 2010 Regulations ; in relation to an updated application where the variation application is a subsequent application for building control approval with full plans or a subsequent section 91ZB application, regulation 14ZA of the 2010 Regulations; in relation to an initial notice , the Annex to Form 1 or as the case may be Form 4 in Schedule 1 to the RBCA Regulations ; in relation to an updated application where the variation application is an amendment notice , the Annex to Form 2 in Schedule 1 to the RBCA Regulations ; “ chargeable application ” means a building control application that is chargeable under regulation 15 (1) ; “ collecting authority ” has the meaning given by regulation 4 ; “ commenced ”, in relation to building work, has the meaning given by regulation 14 ; “ commencement notice ” has the meaning given by regulation 14 (2) ; “ communal space for residents ” has the meaning given by regulation 11 ; “ compliant commencement notice ” has the meaning given in regulation 38 (10) ; “ contact information ”, in relation to a person, means the person’s name, address, telephone number and, if available, e-mail address; “ development ” has the same meaning as in section 55 of TCPA 1990 ; “ exempt building ” is defined in regulation 7 (2) ; “ exempt person ” has the meaning given by regulation 13 ; “ financial quarter ” means the period of 3 months ending with the last day of March, June, September or December; “ gross internal area ” has the meaning given by regulation 12 ; “ higher-risk building application ” means— a building control approval application for HRB work; a building control approval application for a stage of HRB work; a building control approval application for work to existing HRB; “ the HRB Regulations ” means the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 ; “ levy charging information ” has the meaning given in— in relation to a higher-risk building application or an updated application where the variation application is a change control application, regulation 17B of the HRB Regulations ; in relation to an application for building control approval with full plans or a section 91ZB application, regulation 16A of the 2010 Regulations ; in relation to an updated application where the variation application is a subsequent application for building control approval with full plans or a subsequent section 91ZB application, regulation 16A of the 2010 Regulations; in relation to an initial notice or an updated application where the variation application is an amendment notice, regulation 15A of the RBCA Regulations ; “ levy determination notice ” means— a notice of no charge; a levy liability notice; “ levy information spot check ” has the meaning given by regulation 46 ; “ levy liability amount ” has the meaning given by regulation 37 (3) (a) ; “ levy liability notice ” has the meaning given by regulation 39 ; “ levy payment certificate ” has the meaning given by regulation 56 ; “ levy update application ” has the meaning given by regulation 53 ; “ levy update notice ” has the meaning given by regulation 52 ; “ major residential development ” has the meaning given by regulation 6 ; “ named client ” has the meaning given by regulation 23 ; “ notice of no charge ” has the meaning given by regulation 40 ; “ ordinary residential dwelling ” has the meaning given by regulation 8 ; “ original application ”, in relation to a variation application or an updated application, has the meaning given by regulation 42 (1) (a) ; “ part of a wider development ” has the meaning given by regulation 15 (4) ; “ planning permission ” has the meaning given in section 336(1) of TCPA 1990 ; “ pre-commencement updated application ” means an updated application, or a copy of it, which is received by the collecting authority before the first compliant commencement notice, or a copy of it, in relation to the original application is received by the collecting authority; “ previous development condition ” has the meaning given by regulation 20 (3) ; “ purpose-built student accommodation ” has the meaning given by regulation 9 ; “ the RBCA Regulations ” means the Building (Registered Building Control Approvers etc.) (England) Regulations 2024 ; “ receipt date ” in relation to a building control application has the meaning given by regulation 38 (2) and, in relation to a levy update application means the date referred to in regulation 53 (2) (b) ; “ relevant residential building ” has the meaning given by regulation 7 (3) ; “ residential building ” has the meaning given by regulation 7 (1) ; “ residential floorspace ” has the meaning given by regulation 10 ; “ revised levy determination notice ” has the meaning given by regulation 67 (6) ; “ section 91ZB application ” means an application for building control approval with full plans relating to building work in respect of which the regulator is the building control authority under section 91ZB(2) of the 1984 Act ; “ set of levy information ” has the meaning given by regulation 46 (3) ; “ social housing ” has the meaning given by paragraph 1 of Schedule 2 ; “ supported housing ” has the meaning given by paragraph 7 of Schedule 2 ; “ TCPA 1990 ” means the Town and Country Planning Act 1990; “ updated application ” has the meaning given by regulation 42 (2) (a) ; “ variation application ” has the meaning given by regulation 41 ; “ working day ” means a day other than— a Saturday or Sunday; Christmas Day or Good Friday; a day which is a bank holiday in England under the Banking and Financial Dealings Act 1971 . 2 The following terms have the same meaning as in the 2010 Regulations — “ application for building control approval with full plans ”; “ building work ”. 3 The following terms have the same meaning as in the HRB Regulations — “ building control approval application for a stage of HRB work ”; “ building control approval application for HRB work ”; “ building control approval application for work to existing HRB ”; “ change control application ”; “ completion certificate application ”; “ partial completion certificate application ”. 4 If a named client does not agree to receive a notice under these Regulations by e-mail the collecting authority may give the notice to the named client by sending it to the address provided in the contact information set out in the building control application. 5 Any notice, notification or other document required by these Regulations to be given to a collecting authority or building control authority may be given online using an electronic portal authorised by a collecting authority or building control authority to be used for that purpose. Part 2 BUILDING SAFETY LEVY: GENERAL PROVISION Building safety levy 3 A levy, called “building safety levy”, is to be charged in accordance with these Regulations. Designation of collecting authorities 4 1 Subject to paragraph (2), the local authority for the area in which a building or proposed building to which a building control application relates is or is to be situated is designated as the person to whom the building safety levy in relation to such an application is to be paid. 2 If a building or proposed building to which a building control application relates is or is to be situated in the areas of more than one local authority, the local authority in whose area the greater part of the building is or is to be situated is designated, in respect of the whole of the building, as the person to whom the building safety levy in relation to such a building is to be paid. 3 If— a the application referred to in paragraph (1) is a higher-risk building application, and b the building work to which the application relates is to be carried out in the areas of more than one local authority, then any reference in these Regulations (except in paragraphs (1) and (2)) to that application as it applies in relation to a collecting authority is to be treated as a reference to the part of the application in relation to which the authority is designated under this regulation. 4 For the purposes of these Regulations, a “collecting authority” is a local authority designated under paragraph (1) or (2). Part 3 KEY CONCEPTS “Building control application” 5 1 Each of the following is a “building control application”— a an application for building control approval with full plans; b an initial notice; c a higher-risk building application; d an updated application. 2 A building control application is “made”— a in the case of an application for building control approval with full plans, if the application is given, in accordance with regulation 14 of the 2010 Regulations — i to a local authority, or ii if the application is a section 91ZB application, to the regulator; b in the case of an initial notice, if the notice is given to a local authority in accordance with section 47(1)(a) of the 1984 Act; c in the case of a higher-risk building application, if the application is submitted to the regulator in accordance with regulations 3(a) and 4, or 11(1)(a) and 12, of the HRB Regulations; d in the case of an updated application, in the circumstances described in regulation 42 (3) . “Major residential development” etc 6 1 Subject to paragraphs (2) and (3), “ major residential development ” means development resulting in the provision of— a at least 10 dwellings, or b at least 30 bedspaces in purpose-built student accommodation. 2 If development relates to a building which, immediately before the development, contains dwellings (the “pre-development dwellings”) and after the development the building contains a different number of dwellings (the “post-development dwellings”) then, for the purposes of paragraph (1), the development only results in the provision of at least 10 dwellings if the number of post-development dwellings is at least 10 more than the number of pre-development dwellings. 3 If development relates to a building which, immediately before the development, contains bedspaces in purpose-built student accommodation (the “pre-development bedspaces”) and after the development the building contains a different number of bedspaces (the “post-development bedspaces”) then, for the purposes of paragraph (1), the development only results in the provision of at least 30 bedspaces in purpose-built student accommodation if the number of post-development bedspaces is at least 30 more than the number of pre-development bedspaces. 4 “ Bedspace ”, in relation to purpose-built student accommodation, means a sleeping area for one person (which may be in the same room as a bedspace for another person). “Residential building” and “relevant residential building” 7 1 “ Residential building ” means a building that— a is wholly situated in England; b consists of, or contains— i one or more dwellings, or ii one or more bedspaces in purpose-built student accommodation, and c is not an exempt building. 2 Schedule 1 makes provision about the meaning of “exempt building”. 3 A residential building is a “relevant residential building”, for the purposes of these Regulations, if it consists of or contains— a at least one ordinary residential dwelling, b at least one bedspace in purpose-built student accommodation, or c communal space for residents. 4 In these Regulations— a references to a residential building include references to a proposed residential building, and b references to a relevant residential building, apart from the references in regulations 17 (2) and 18 (2) , include references to a proposed relevant residential building. “Ordinary residential dwelling” 8 1 For the purposes of these Regulations, a dwelling is an “ordinary residential dwelling” unless it is— a social housing, b supported housing, or c exempt accommodation, if and so far as the accommodation would otherwise be a dwelling. 2 Schedule 2 makes further provision about each of the exemptions referred to in paragraph (1) . “Purpose-built student accommodation” etc 9 1 “ Purpose-built student accommodation ” means a building, or part of a building, that is designed or adapted for occupation solely or principally by persons undertaking a full-time course of further or higher education at a qualifying institution. 2 “ Qualifying institution ” has the same meaning as it has in Part 2 of the Higher Education Act 2004 . 3 References in these Regulations to a dwelling do not include references to purpose-built student accommodation. “Residential floorspace” 10 “ Residential floorspace ” means the gross internal area of each of the following— a an ordinary residential dwelling; b purpose-built student accommodation; c communal space for residents. “Communal space for residents” 11 1 “ Communal space for residents ” means an area of a residential building, other than an excluded area, which is— a wholly or mainly for the benefit of the occupants of relevant residential units, or b wholly or mainly for the benefit of both— i the occupants of relevant residential units, and ii the occupants of other units. 2 In paragraph (1)— a “ relevant residential units ” means— i ordinary residential dwellings, and ii bedspaces in purpose-built student accommodation; b “ other units ” means— i dwellings that are not ordinary residential dwellings, and ii other areas of a building that are designed for occupation but are neither dwellings nor bedspaces in purpose-built student accommodation. 3 The following are “ excluded areas ” for the purposes of paragraph (1) — a an ordinary residential dwelling; b an area that consists of purpose-built student accommodation; c an area that is designed to be used wholly or mainly by the general public. 4 Where building work to which a building control application relates is part of a wider development, in determining whether an area referred to in paragraph (1) is wholly or mainly for the benefit of the occupants of relevant residential units or, as the case may be, of other units, regard is to be had to all such units in all of the buildings across the wider development. “Gross internal area” 12 For the purposes of the application of any provision of these Regulations, the “gross internal area” of a dwelling, purpose-built student accommodation or an area within a building is to be measured— a in accordance with the Code of Measuring Practice (6th edition) , and b in square metres, rounded to the nearest whole number (where 0.5 or more is rounded up). Exempt person: non-profit registered providers of social housing 13 1 “ Exempt person ” means— a a non-profit registered provider of social housing ; b a company that is a wholly-owned subsidiary of a non-profit registered provider of social housing. 2 For the purposes of paragraph (1), a company is a wholly-owned subsidiary of a non-profit registered provider of social housing (the “registered provider”) if the company has no members except— a the registered provider or persons acting on behalf of the registered provider; b the registered provider’s wholly-owned subsidiaries or persons acting on behalf of the registered provider’s wholly-owned subsidiaries. Commencement of building work 14 1 Building work is to be regarded as “commenced”, for the purposes of any provision of these Regulations, if it is regarded as commenced— a in accordance with regulation 46A of the 2010 Regulations , for the purposes of— i section 32(6) of the 1984 Act, ii regulation 9 of the HRB Regulations, or iii regulation 17 of the HRB Regulations, or b in accordance with regulation 16 of the RBCA Regulations, for the purposes of section 53A(6) of the 1984 Act . 2 “ Commencement notice ” means— a a notice given to the regulator under regulation 9(3) of the HRB Regulations, b a notice given to the regulator under regulation 17(3) of the HRB Regulations, c in relation to an application for building control approval with full plans or a section 91ZB application, a notice given under regulation 16(3C) of the 2010 Regulations , or d in relation to an initial notice, a notice given under regulation 15(2) of the RBCA Regulations. Part 4 CHARGE TO THE LEVY Charge to building safety levy 15 1 A building control application is “chargeable”, subject to the exception in paragraph (2) , if— a the building work to which the application relates would result in a new building which includes residential floorspace, an existing building which includes residential floorspace where previously it had none (whether by extension or change of use) or an existing building with an increased total area of residential floorspace (whether by extension or change of use), and b the building work to which the application relates— i is major residential development, or ii is part of a wider development which is major residential development. 2 But a building control application is not chargeable if the named client (or, if there is more than one named client, each of them) in relation to the application is an exempt person. 3 The charge to building safety levy becomes payable, in respect of a chargeable application, when a levy liability notice or a revision to a levy liability notice is given in relation to the application. 4 Building work is “part of a wider development” if— a some or all of the building work is permitted to be carried out pursuant to a planning permission, granted before or after the building control application is submitted, for a wider development, or b the building work affects only the interior of a building or buildings and is carried out as part of a wider development for which a planning permission is granted, whether before or after the building control application is submitted. Amount charged 16 1 The amount of building safety levy charged in respect of a chargeable application is the amount given by— a applying the formula in paragraph (2) in relation to each relevant residential building to which the application relates, and b if the application relates to more than one relevant residential building, adding together the amounts determined under sub-paragraph (a) . 2 The formula is— A + C × R where— A is the amount of chargeable accommodation floorspace in relation to the relevant residential building (determined in accordance with regulation 17 ); C is the chargeable amount of communal floorspace in relation to the relevant residential building (determined in accordance with regulations 18 and 19 ); R is the applicable area rate (determined in accordance with regulation 20 ). 3 But if the amount given by the formula in paragraph (2) is a negative number, the amount in relation to the building is treated as being nil. 4 Where the building control application relates to part of a relevant residential building references in this regulation and in regulations 17 to 19 to the building are to be treated as references to the part of the building to which the application relates. Chargeable accommodation floorspace 17 1 This regulation applies for the purposes of determining the amount of chargeable accommodation floorspace under the formula in regulation 16(2). 2 The amount of “ chargeable accommodation floorspace ” in relation to a building is— a if the building was a relevant residential building at the time the chargeable application was made, the amount given by taking Steps 1 to 3 in paragraph (3) , and b in any other case, the amount given by taking Step 1 in paragraph (3) . 3 The steps are— Step 1 Calculate the total amount of the building’s accommodation floorspace, if any, on completion of the building work to which the chargeable application relates assuming, for the purposes of the calculation, that the building work is carried out in accordance with— the application, and the planning permission, or as the case may be the development consent under section 31 of the Planning Act 2008 , for the development to which the building work relates. Step 2 Calculate the total amount of the building’s accommodation floorspace at the time the application was made. Step 3 Deduct the amount given by Step 2 from the amount given by Step 1. 4 In this regulation “ accommodation floorspace ” means residential floorspace that is within— a regulation 10 (a) ; b regulation 10 (b) . Chargeable amount of communal floorspace: general 18 1 This regulation applies for the purposes of determining the chargeable amount of communal floorspace under the formula in regulation 16(2). 2 The “ chargeable amount of communal floorspace ” in relation to a building is— a if the building was a relevant residential building at the time the chargeable application was made, the amount given by taking Steps 1 to 3 in paragraph (3) , and b in any other case, the amount given by taking Step 1 in paragraph (3) . 3 The steps are— Step 1 In relation to each post-completion area of residential floorspace which falls within regulation 10 (c) , if any— calculate the amount of that residential floorspace, determine, in accordance with regulation 19 , the “ relevant percentage ” in relation to the area, calculate the relevant percentage of the amount given by sub-paragraph (a), and if there is more than one area of communal space for residents, add together the amounts given by paragraph (c). Step 2 If, at the time the chargeable application was made, there is at least one area of communal space for residents, repeat Step 1 in relation to each pre-commencement area of residential floorspace which falls within regulation 10 (c) . Step 3 Deduct the amount given by Step 2 from the amount given by Step 1. 4 In this regulation— a references to a “post-completion” area are references to the area on completion of the building work to which the chargeable application relates assuming, for the purposes of the calculation, that the building work is carried out in accordance with— i the application, and ii the planning permission, or as the case may be the development consent under section 31 of the Planning Act 2008, for the development to which the building work relates, and b references to a “pre-commencement” area are references to the area at the time the application was made. Chargeable amount of communal floorspace: “relevant percentage” 19 1 In relation to an area of communal space for residents which falls within regulation 11 (1) (a) , the relevant percentage is 100%. 2 In relation to an area of communal space for residents which falls within regulation 11 (1) (b) , the relevant percentage is determined as follows— Step 1 Calculate in relation to the area of communal space for residents— the gross internal area of each of the relevant residential units which falls within regulation 11 (1) (b) (i) , and the total of the amounts given by paragraph (a). Step 2 Calculate in relation to the area of communal space for residents— the gross internal area of each of the other units which falls within regulation 11 (1) (b) (ii) , and the total of the amounts given by paragraph (a). Step 3 Apply the following formula— P ( % ) = U U + O × 100 where— P is the relevant percentage, U is the amount given by paragraph (b) of Step 1, and O is the amount given by paragraph (b) of Step 2. Applicable area rate 20 1 This regulation applies for the purposes of determining the applicable area rate under the formula in regulation 16(2). 2 The “ applicable area rate ”, in relation to a relevant residential building, means— a if the previous development condition in paragraph (3) is met in respect of the chargeable application, the area rate in relation to the collecting authority for the relevant residential building shown in column 2 of the table in Schedule 3 , and b in any other case, the area rate in relation to the collecting authority for the relevant residential building shown in column 3 of the table in Schedule 3 . 3 The “previous development condition” is that— a the building work to which the chargeable application relates is to be carried out in relation to development for which planning permission is granted by the Town and Country Planning (General Permitted Development) (England) Order 2015 , or b the building work to which the application relates is to be carried out on a previously developed site (as defined in regulation 21 ). Previously developed sites 21 1 A site is a previously developed site if immediately before the relevant date at least 75% of the land to which the relevant planning permission relates is previously developed. 2 Land is “previously developed” if, on or after 1st July 1948, a building was situated on the land, whether or not that building is situated on the land on the relevant date. 3 But paragraph (2) is subject to the exceptions in paragraph (4) . 4 Land is not “previously developed” at a particular time if, at that time— a a building used for the purposes of agriculture or forestry is situated on the land, b the building that was most recently situated on the land was a building used for the purposes of agriculture or forestry, c the land has been developed for minerals extraction, or d the land has been developed for waste disposal by landfill. 5 In this regulation— “ agriculture ” has the meaning given by section 336 of TCPA 1990; “ building ” has the meaning given by section 336 of TCPA 1990 instead of the meaning given by regulation 2; “ forestry ” includes afforestation; “ relevant date ” means the earlier of— the date on which the relevant planning permission was granted, or the date on which any development authorised by the relevant planning permission was begun; “ relevant planning permission ” means— if there is a sequence of planning permissions for development of the land to which the building work referred to in regulation 20(3) relates and the second and any subsequent planning permission is a section 73 planning permission, the first planning permission in the sequence, and in any other case, the planning permission for development of the land to which the building work referred to in regulation 20(3) relates; “ section 73 planning permission ” means a planning permission granted on an application made under section 73 of TCPA 1990. Part 5 LIABILITY TO PAY THE LEVY Liability of named client to pay the levy 22 The named client in relation to a chargeable application is liable to pay the amount of building safety levy charged in respect of the application. “Named client” 23 Schedule 4 makes provision about the meaning of “ named client ” in relation to each kind of building control application. Levy due date 24 1 Building safety levy charged in respect of a chargeable application must be paid on or before the earlier of— a the completion notice date, and b the first date of occupation. 2 The “ completion notice date ” means— a in the case of an application for building control approval with full plans, the date on which a notice under regulation 16(4) of the 2010 Regulations is given, in relation to any of the building work to which the application relates, to the building control authority; b in the case of an initial notice, the date on which a notice is given, in relation to any of the building work to which the application relates, to the registered building control approver under regulation 18 of the RBCA Regulations; c in the case of a higher-risk building application the earlier of— i the date on which a completion certificate application, in relation to any of the building work to which the higher-risk building application relates, is made to the regulator under regulation 40(1) of the HRB Regulations, or ii the date on which a partial completion certificate application, in relation to any of the building work to which the higher-risk building application relates, is made to the regulator under regulation 45(2) of the HRB Regulations. 3 The “ first date of occupation ” means— a if the chargeable application relates to one relevant residential building or part of one relevant residential building, the date on which that building, or part, is first occupied, or b if the chargeable application relates to more than one relevant residential building or part of more than one relevant residential building, the date on which any of those buildings, or parts, is first occupied. 4 But a continuously occupied part of a relevant residential building is ignored for the purposes of determining the first date of occupation under paragraph (3) . 5 For the purposes of paragraph (4) , a “continuously occupied part” of a building means a part of the building which— a is occupied before the start of the building work to which the chargeable application relates, and b remains occupied while the building work is carried out. Part 6 PROVISION OF LEVY INFORMATION Chapter 1 Amendment of secondary legislation Amendment of 2010 Regulations: general 25 1 Regulation 2 of the 2010 Regulations is amended as follows. 2 In paragraph (1), in the appropriate places, insert the following definitions— “ bedspace ” has the meaning given in the BSL Regulations; “ BSL Regulations ” means the Building Safety Levy (England) Regulations 2025; “ collecting authority ” has the meaning given in the BSL Regulations; “ communal space for residents ” has the meaning given in the BSL Regulations; “ development ” has the same meaning as in section 55 of the TCPA 1990; “ exempt person ” has the meaning given in the BSL Regulations; “ gross internal area ” has the meaning given in the BSL Regulations; “ levy determination notice ” has the meaning given in the BSL Regulations; “ major residential development ” has the meaning given in the BSL Regulations; “ named client ” has the meaning given in the BSL Regulations; “ ordinary residential dwelling ” has the meaning given in the BSL Regulations; “ original application ” has the meaning given in the BSL Regulations; “ other units ” has the meaning given in regulation 11(2) of the BSL Regulations; “ part of a wider development ” has the meaning given in the BSL Regulations; “ previous development condition ” has the meaning given in the BSL Regulations; “ prior approval ” means an approval given or deemed to be given following a prior approval application; “ prior approval application ” has the meaning given in section 69A(2) of TCPA 1990; “ purpose-built student accommodation ” has the meaning given in the BSL Regulations; “ relevant residential building ” has the meaning given in the BSL Regulations; “ relevant residential units ” has the meaning given in regulation 11(2) of the BSL Regulations; “ residential floorspace ” has the meaning given in the BSL Regulations; “ TCPA 1990 ” means the Town and Country Planning Act 1990; “ updated application ” has the meaning given in the BSL Regulations; “ variation application ” has the meaning given in the BSL Regulations. Amendment of 2010 Regulations: requirement in relation to building safety levy information 26 1 Regulation 14 of the 2010 Regulations is amended as follows. 2 At the end of paragraph (1), insert— g if the work relates to the provision of one or more dwellings, or one or more bedspaces in purpose-built student accommodation, and the building which consists of or contains the dwellings or bedspaces is a residential building (as defined in regulation 7 of the BSL Regulations), the building safety levy information in accordance with regulation 14ZA; h if the application is an updated application and the building work, to which the updated application relates, relates to the provision of one or more dwellings, or one or more bedspaces in purpose-built student accommodation, and the building which consists of or contains the dwellings or bedspaces is a residential building (as defined in regulation 7 of the BSL Regulations)— i the building safety levy information in accordance with regulation 14ZA in relation to the updated application but where the updated application is given on or after the day on which the first notice under regulation 16(3C) is given then the information in regulation 14ZA(1)(a) and (b) is not required, ii if the levy charging conditions are met, the information and evidence set out in paragraph (5) in relation to the updated application, and iii if the levy charging conditions are not met, the information and evidence set out in paragraph (6) in relation to the updated application. . 3 After paragraph (4), insert— 5 Subject to paragraph (7), the information and evidence referred to in paragraph (1)(h)(ii) is— a a statement setting out the number of dwellings, if any, to be provided as a result of the building work to which the application relates which are within any of sub-paragraphs (a) to (c) of regulation 8(1) of the BSL Regulations; b a statement setting out the levy charging information in accordance with regulation 16A; c a statement— i in a case where regulation 16(3CA) has not applied to any notice under regulation 16(3C), which includes the applicable planning information within the meaning of regulation 16; ii in any other case, confirming whether or not the applicable planning information previously provided continues to be correct and if it is not, the statement must include the applicable planning information as updated; d evidence as to the matters described in sub-paragraphs (a), (b) and (c). 6 Subject to paragraph (7), the information and evidence referred to in paragraph (1)(h)(iii) is— a a statement— i in a case where the variation application is received on a day which is before the first notice under regulation 16(3C) is received, which states that the first notice under regulation 16(3C) was not given before the variation application was submitted; ii in a case where the variation application is received on or after the day on which the first notice under regulation 16(3C) is received and regulation 16(3CA) did not apply to that notice and has not applied to any notice under regulation 16(3C), which— aa includes the applicable planning information within the meaning of regulation 16; bb explains how the levy charging conditions are not met; iii in any other case, which— aa confirms whether or not the applicable planning information previously provided continues to be correct and if it is not, the statement must include the applicable planning information as updated; bb explains how the levy charging conditions are not met; b evidence as to the matters described in sub-paragraph (a)(ii) or, as the case may be, (a)(iii). 7 Where paragraph (1)(h) applies to the application and the application is an updated application relating to building work in respect of which the regulator is the building control authority under section 91ZB(2) of the 1984 Act— a any evidence required by paragraph (5) or (6) to accompany the application must instead be sent to the collecting authority together with a statement identifying the application to which the evidence relates; b the documents referred to in sub-paragraph (a) must be sent to the collecting authority, by the client, on the same day that the application is sent to the regulator. 8 In this regulation the “levy charging conditions” are that— a the variation application is received on or after the day on which the first notice under regulation 16(3C) is received in relation to the original application, b the building work to which the updated application relates would result in a new building which includes residential floorspace, an existing building which includes residential floorspace where previously it had none (whether by extension or change of use), or an existing building with an increased total area of residential floorspace (whether by extension or change of use), c the building work to which the application relates is, or is anticipated to be, major residential development or is part of a wider development which is, or is anticipated to be, major residential development, and d the named client or, if there is more than one named client, each of them, in relation to the application is not an exempt person. . Amendment of 2010 Regulations: building safety levy information 27 After regulation 14 of the 2010 Regulations insert— Building safety levy information 14ZA 1 The “building safety levy information” is— a a statement as to whether the applicable work relates to development— i for which planning permission is required, or ii to which section 33 of the Planning Act 2008 applies, b in a case where planning permission is required, also one of the following statements— i a statement that the planning permission has been granted, together with information identifying the permission; ii a statement that an application for planning permission has been made but not yet determined, together with information identifying the application for planning permission; iii a statement that an application for planning permission has not yet been made; iv a statement that the planning permission is subject to prior approval and the prior approval requirement is satisfied, together with information identifying the prior approval and how the requirement is satisfied; v a statement that the planning permission is subject to prior approval and a prior approval application has been made but the prior approval requirement is not yet satisfied, together with information identifying the prior approval application; vi a statement that the planning permission is subject to prior approval and a prior approval application has not yet been made, but where the planning permission expressly provides for the development to be carried out in phases the references in paragraphs (i), (ii) and (iii) to the planning permission is a reference to the planning permission for the particular phase or phases of the development to which the application for building control approval with full plans relates, c in a case where planning permission is required or section 33 of the Planning Act 2008 applies, a statement as to whether the building work to which the application for building control approval with full plans relates is, or is anticipated to be, major residential development or is part of a wider development which is, or is anticipated to be, major residential development, d if the regulator is the building control authority under section 91ZB(2) of the 1984 Act in relation to the application for building control approval with full plans, the local authority in whose area each of the buildings to which that application relates is or is to be situated, e the number of dwellings, if any, that would be provided as a result of the building work to which the application for building control approval with full plans relates, f if purpose-built student accommodation would be provided as a result of the building work to which the application for building control approval with full plans relates, the number of bedspaces that would be contained in the purpose-built student accommodation, and g if paragraph (3) applies in relation to the application for building control approval with full plans given on or after the day the first notice under regulation 16(3C) is received, the details of any levy determination notice given in respect of the original application or the updated application comprising that original application and one or more variation applications. 2 In paragraph (1), the prior approval requirement is satisfied, in relation to a development, if the outcome of the prior approval application is that— a prior approval is given or is deemed to be given, or b the local planning authority has determined prior approval is not required (where local planning authority has the meaning given in section 336 of TCPA 1990). 3 Where the application for building control approval with full plans is a “variation application” that is treated, for the purposes of the BSL Regulations, as an “updated application”, references in this regulation to the application for building control approval with full plans are to be treated as references to the updated application comprising the variation application, the original application to which it relates and any other variation applications relating to that original application. 4 In this regulation “ applicable work ” means— a the building work to which an application for building control approval with full plans relates, but b where the building work is part of a wider development, all the work included in that development. . Amendment of 2010 Regulations: notices etc 28 1 In regulation 16 of the 2010 Regulations— a after paragraph (3C) insert— 3CA Subject to paragraphs (3CB) and (3CC), where building work, to which an application for building control approval with full plans relates, relates to the provision of one or more dwellings, or one or more bedspaces in purpose-built student accommodation, and the building which consists of or contains the dwellings or bedspaces is a residential building (as defined in regulation 7 of the BSL Regulations), a notice under paragraph (3C) must also— a if the levy charging conditions are met— i include a statement setting out the number of dwellings, if any, to be provided as a result of the building work to which the application for building control approval with full plans relates which are within any of sub-paragraphs (a) to (c) of regulation 8(1) of the BSL Regulations; ii include a statement setting out the levy charging information, in accordance with regulation 16A (levy charging information), in relation to the application for building control approval with full plans to which the notice relates; iii include a statement setting out the applicable planning information; iv be accompanied by evidence as to the matters described in paragraphs (i), (ii) and (iii), b if the levy charging conditions are not met— i include a statement setting out the applicable planning information; ii include a statement explaining how the levy charging conditions are not met; iii be accompanied by evidence as to the matters described in paragraphs (i) and (ii), or c if a statement and any evidence under sub-paragraph (a) or (b) has been given previously in relation to the building work to which the application for building control approval with full plans relates, include a statement to that effect. 3CB Where the application for building control approval with full plans referred to in paragraph (3CA) is an application relating to building work in respect of which the regulator is the building control authority under section 91ZB(2) of the 1984 Act— a the evidence required to accompany a notice under paragraph (3C) must instead be sent to the collecting authority together with a statement identifying the application to which the evidence relates; b the documents referred to in sub-paragraph (a) must be sent to the collecting authority, by the client, on the same day that the notice under paragraph (3C) is sent to the regulator. 3CC Where, in relation to the application for building control approval with full plans referred to in paragraph (3CA), no statement under regulation 14ZA(1)(c) to (f) has previously been required, the notice under paragraph (3C) must include whichever of those statements under regulation 14ZA(1)(c) to (f) that is applicable. ; b after paragraph (9) insert— 10 In this regulation— a the “levy charging conditions” are— i the building work to which the application for building control approval with full plans relates would result in a new building which includes residential floorspace, an existing building which includes residential floorspace where previously it had none (whether by extension or change of use), or an existing building with an increased total area of residential floorspace (whether by extension or change of use), ii the building work to which the application relates is, or is anticipated to be, major residential development or is part of a wider development which is, or is anticipated to be, major residential development, and iii the named client or, if there is more than one named client, each of them, in relation to the application is not an exempt person; b subject to sub-paragraph (c), “applicable planning information” is— i where a statement under regulation 14ZA(1)(a) stated that planning permission is not required, a statement confirming whether or not that remains the case and if it has changed setting out details of the change; ii where a statement under regulation 14ZA(1)(a) stated that section 33 of the Planning Act 2008 applies, a statement confirming whether or not that remains the case and also identifying the development consent under section 31 of the Planning Act 2008 and if it has changed setting out details of the change; iii where regulation 14ZA(1)(b)(i) or (iv) applied to the application for building control approval with full plans at the time that application was made, a statement confirming that information identifying the planning permission or prior approval have already been provided but if the planning permission has changed since the time that application was made the statement must set out details of the planning permission as updated; iv where regulation 14ZA(1)(b)(ii) or (iii) applied to the application for building control approval with full plans at the time that application was made, information identifying the planning permission granted; v where regulation 14ZA(1)(b)(v) or (vi) applied to the application for building control approval with full plans at the time that application was made, information identifying the prior approval and how the prior approval requirement is satisfied, but where the planning permission expressly provides for the development to be carried out in phases the reference in paragraph (iii) and (iv) to the planning permission is a reference to the planning permission for the particular phase or phases of the development to which the application for building control approval with full plans relates; c if, at the date the applicable planning information is to be included in a notice or application, no statement has previously been required under regulation 14ZA(1)(a) or (b), then the “applicable planning information” is whichever of those statements under regulation 14ZA(1)(a) or (b) that is applicable, as updated; d for the purposes of sub-paragraph (b)(v), a prior approval requirement is satisfied, in relation to a development, if the outcome of the prior approval application is that— i prior approval is given (or is deemed to be given), or ii the local planning authority has determined prior approval is not required (where local planning authority has the meaning given in section 336 of TCPA 1990). . 2 After regulation 16 insert— Levy charging information 16A 1 The “levy charging information” is— a a statement as to whether the previous development condition is met in respect of the relevant building application, and b the following information in relation to each relevant residential building to which the relevant building application relates— i the floorspace information in relation to the building on completion of the building work to which the relevant building application relates, and ii if the building is a relevant residential building at the time the relevant building application was made, the floorspace information in relation to the building at that time. 2 Subject to paragraphs (5) to (7), the “ relevant building application ” means— a where the levy charging information is required by regulation 16(3CA) to be included in a notice under regulation 16(3C), the application for building control approval with full plans to which the notice relates; b where the levy charging information is required under regulation 14(1)(h) to be included in an application, the updated application referred to in that regulation. 3 The “floorspace information” is— a the gross internal area of each ordinary residential dwelling; b the gross internal area of purpose-built student accommodation; c the gross internal area of each area of communal space for residents; d in relation to each area of communal space for residents, a statement as to whether it is within— i regulation 11(1)(a) of the BSL Regulations, or ii regulation 11(1)(b) of the BSL Regulations; e in relation to each area of communal space for residents that is within regulation 11(1)(b) of the BSL Regulations— i the gross internal area of each of the relevant residential units within regulation 11(1)(b)(i), and ii the gross internal area of each of the other units within regulation 11(1)(b)(ii). 4 For the purposes of any calculation under paragraph (3), it is to be assumed that the building work is carried out in accordance with— a the relevant building application, and b the planning permission and any agreement under section 106 of TCPA 1990, or as the case may be the development consent under section 31 of the Planning Act 2008, for the development to which the building work relates. 5 In the case of a relevant building application that relates to part of a relevant residential building references in this regulation to the relevant residential building are to be treated as references to the part of the building to which the application relates. 6 Subject to paragraph (7), where the relevant building application is a variation application that is treated, for the purposes of the BSL Regulations, as an updated application, references in this regulation to the application are to be treated as references to the updated application comprising the variation application, the original application to which it relates and any other variation applications relating to that original application. 7 If the levy charging information is provided in relation to an updated application, the reference in paragraph (1)(b)(ii) to the relevant building application is to be treated as a reference to the original application. . Amendment of RBCA Regulations: information to be provided with initial notices etc 29 1 The RBCA Regulations are amended as follows. 2 In regulation 2(1), in the appropriate places insert the following definitions— “ bedspace ” has the meaning given in the BSL Regulations; “ BSL Regulations ” means the Building Safety Levy (England) Regulations 2025; “ collecting authority ” has the meaning given in the BSL Regulations; “ communal space for residents ” has the meaning given in the BSL Regulations; “ development ” has the same meaning as in section 55 of the TCPA 1990; “ exempt person ” has the meaning given in the BSL Regulations; “ gross internal area ” has the meaning given in the BSL Regulations; “ levy determination notice ” has the meaning given in the BSL Regulations; “ levy update notice ” has the meaning given in the BSL Regulations; “ major residential development ” has the meaning given in the BSL Regulations; “ named client ” has the meaning given in the BSL Regulations; “ ordinary residential dwelling ” has the meaning given in the BSL Regulations; “ original application ” has the meaning given in the BSL Regulations; “ other units ” has the meaning given in regulation 11(2) of the BSL Regulations; “ part of a wider development ” has the meaning given in the BSL Regulations; “ previous development condition ” has the meaning given in the BSL Regulations; “ prior approval ” means an approval given or deemed to be given following a prior approval application; “ prior approval application ” has the meaning given in section 69A(2) of TCPA 1990; “ purpose-built student accommodation ” has the meaning given in the BSL Regulations; “ relevant residential building ” has the meaning given in the BSL Regulations; “ relevant residential units ” has the meaning given in regulation 11(2) of the BSL Regulations; “ residential floorspace ” has the meaning given in the BSL Regulations; “ TCPA 1990 ” means the Town and Country Planning Act 1990; “ updated application ” has the meaning given in the BSL Regulations; “ variation application ” has the meaning given in the BSL Regulations. 3 In regulation 15— a after paragraph (2) insert— 2A Subject to paragraphs (2B) to (2D), where the work relates to the provision of one or more dwellings, or one or more bedspaces in purpose-built student accommodation, and the building which consists of or contains the dwellings or bedspaces is a residential building (as defined in regulation 7 of the BSL Regulations), a notice under paragraph (2) must also— a if the levy charging conditions are met— i include a statement setting out the number of dwellings, if any, that would be provided as a result of the building work to which the initial notice relates which are within any of sub-paragraphs (a) to (c) of regulation 8(1) of the BSL Regulations, ii include a statement setting out the levy charging information, in accordance with regulation 15A, in relation to the initial notice to which the notice under paragraph (2) relates, iii include a statement setting out the applicable planning information, iv be accompanied by evidence as to the matters described in paragraphs (i), (ii) and (iii), b if the levy charging conditions are not met— i include a statement setting out the applicable planning information, ii include a statement explaining how the levy charging conditions are not met, iii be accompanied by evidence as to the matters described in paragraphs (i) and (ii), or c if a statement and any evidence under sub-paragraph (a) or (b) has been given previously in relation to the building work to which the initial notice relates, include a statement to that effect. 2B If a new person (NP) has become the client in relation to the building work to which the initial notice relates (and details of NP have not already been given to the authority in an amendment notice or a notice under paragraph 2(3) of Schedule 4 to the BSL Regulations) then the statement under paragraph (2A)(a) or (b) must also explain that NP is now the named client and set out the name, address, telephone number and, if available, email address of NP. 2C Where a notice under paragraph (2) includes a statement under paragraph (2A)(a) or (b) the named client must, within 2 working days of giving the notice under paragraph (2), give a copy of the notice and the accompanying evidence to the collecting authority. 2D Where, in relation to the work referred to in paragraph (2A), no statement under paragraphs 1(c) to (f) of the Annex to Form 1 or 4, or paragraphs 1(c), (e) or (f) of the Annex to Form 2, in Schedule 1 has previously been required, the notice under paragraph (2) must include whichever of those statements under paragraphs 1(c) to (f) of the Annex to Form 1 or 4, or paragraphs 1(c), (e), (f) and (h) to (k) of the Annex to Form 2, in Schedule 1 that is applicable. ; b after paragraph (3) insert— 3A If an approver gives a rejection notice in relation to a notice under paragraph (2) which included a statement in accordance with paragraph (2A)(a) or (b), the approver must notify the collecting authority that the rejection notice has been given. 3B The notification required to be given by the approver to the collecting authority under paragraph (3A) must be given before the end of the period of 5 working days beginning with the day on which the approver gives the rejection notice. ; c after paragraph (7) insert— 7A If an approver receives a decision from the First-tier Tribunal allowing an appeal in relation to a notice under paragraph (2) which included a statement in accordance with paragraph (2A)(a) or (b), the approver must notify the collecting authority that the appeal has been allowed. 7B The notification required to be given by the approver to the collecting authority under paragraph (7A) must be given before the end of the period of 5 working days beginning with the day on which the approver receives the appeal decision. ; d after paragraph (9) insert— 10 In this regulation— a the “levy charging conditions” are— i the building work to which the initial notice relates would result in a new building which includes residential floorspace, an existing building which includes residential floorspace where previously it had none (whether by extension or change of use), or an existing building with an increased total area of residential floorspace (whether by extension or change of use), ii the building work to which the initial notice relates is, or is anticipated to be, major residential development or is part of a wider development which is, or is anticipated to be, major residential development, and iii the named client or, if there is more than one named client, each of them, in relation to the initial notice is not an exempt person; b subject to sub-paragraph (c), “applicable planning information” is— i where a statement under paragraph 1(a) of the Annex to Form 1, or of the Annex to Form 4, in Schedule 1 stated that planning permission is not required, a statement confirming whether or not that remains the case and if it has changed setting out details of the change; ii where a statement under paragraph 1(a) of the Annex to Form 1, or of the Annex to Form 4, in Schedule 1 stated that section 33 of the Planning Act 2008 applies, a statement confirming whether or not that remains the case and also identifying the development consent under section 31 of the Planning Act 2008 and if it has changed setting out details of the change; iii where paragraph 1(b)(i) or (iv) of the Annex to Form 1, or of the Annex to Form 4, in Schedule 1 applied to the initial notice at the time that notice was given, a statement confirming that information identifying the planning permission or prior approval have already been provided and if the planning permission has changed since the time that notice was given the statement must set out details of the planning permission as updated; iv where paragraph 1(b)(ii) or (iii) of the Annex to Form 1, or of the Annex to Form 4, in Schedule 1 applied to the initial notice at the time that notice was given, information identifying the planning permission granted; v where paragraph 1(b)(v) or (vi) of the Annex to Form 1, or of the Annex to Form 4, in Schedule 1 applied to the initial notice at the time that notice was given, information identifying the prior approval and how the prior approval requirement is satisfied, but where the planning permission expressly provides for the development to be carried out in phases the reference in paragraph (iii) and (iv) to the planning permission is a reference to the planning permission for the particular phase or phases of the development to which the initial notice relates; c if, at the date the applicable planning information is to be included in a notice, no statement under paragraph 1(a) or (b) of the Annex to Form 1, 2 or 4 in Schedule 1 has previously been required, then the “applicable planning information” is whichever of those statements under paragraph 1(a) or (b) of the Annex to Form 1, 2 or 4 in Schedule 1 that is applicable, as updated; d for the purposes of sub-paragraph (b)(v), a prior approval requirement is satisfied, in relation to a development, if the outcome of the prior approval application is that— i prior approval is given or is deemed to be given, or ii the local planning authority has determined prior approval is not required (where local planning authority has the meaning given in section 336 of TCPA 1990). . 4 After regulation 15 insert— Levy charging information 15A 1 The “levy charging information” is— a a statement as to whether the previous development condition is met in respect of the relevant building application, and b the following information in relation to each relevant residential building to which the relevant building application relates— i the floorspace information in relation to the building on completion of the building work to which the relevant building application relates, and ii if the building is a relevant residential building at the time the relevant building application was made, the floorspace information in relation to the building at that time. 2 Subject to paragraphs (5) and (6), the “ relevant building application ” means— a where the levy charging information is required by regulation 15(2A) to be included in a notice under regulation 15(2), the initial notice to which the notice under regulation 15(2) relates; b where the levy charging information is required by paragraph 4(h) of Form 2 in Schedule 1 to be included in a variation application, the updated application. 3 The “floorspace information” is— a the gross internal area of each ordinary residential dwelling; b the gross internal area of purpose-built student accommodation; c the gross internal area of each area of communal space for residents; d in relation to each area of communal space for residents, a statement as to whether it is within— i regulation 11(1)(a) of the BSL Regulations, or ii regulation 11(1)(b) of the BSL Regulations; e in relation to each area of communal space for residents that is within regulation 11(1)(b) of the BSL Regulations— i the gross internal area of each of the relevant residential units within regulation 11(1)(b)(i), and ii the gross internal area of each of the other units within regulation 11(1)(b)(ii). 4 For the purposes of any calculation under paragraph (3), it is to be assumed that the building work is carried out in accordance with— a the relevant building application, and b the planning permission and any agreement under section 106 of TCPA 1990, or as the case may be the development consent under section 31 of the Planning Act 2008, for the development to which the building work relates. 5 In the case of a relevant building application that relates to part of a relevant residential building references in this regulation to the relevant residential building are to be treated as references to the part of the building to which the application relates. 6 If the levy charging information is provided in relation to an updated application, the reference in paragraph (1)(b)(ii) to the relevant building application is to be treated as a reference to the original application. . 5 In Schedule 1, for Forms 1 and 4, substitute the corresponding forms in Schedule 5. 6 In Schedule 2, at the end of paragraph 6 insert— h if the work relates to the provision of one or more dwellings, or one or more bedspaces in purpose-built student accommodation, and the building which consists of or contains the dwellings or bedspaces is a residential building (as defined in regulation 7 of the BSL Regulations)— i in the case of an initial notice, the information listed in the Annex to Form 1, in the case of an amendment notice, the information listed in the Annex to Form 2 or in the case of a plans certificate combined with an initial notice, the information listed in the Annex to Form 4 in Schedule 1, and ii in the case of an amendment notice, evidence as to the matters described in paragraph 2 of the Annex to Form 2 in Schedule 1. . Amendment of HRB Regulations: general 30 1 The HRB Regulations are amended as follows. 2 In regulation 2(1), in the appropriate places insert the following definitions— “ bedspace ” has the meaning given in the BSL Regulations; “ BSL Regulations ” means the Building Safety Levy (England) Regulations 2025; “ collecting authority ” has the meaning given in the BSL Regulations; “ communal space for residents ” has the meaning given in the BSL Regulations; “ development ” has the same meaning as in section 55 of the TCPA 1990; “ exempt person ” has the meaning given in the BSL Regulations; “ gross internal area ” has the meaning given in the BSL Regulations; “ levy determination notice ” has the meaning given in the BSL Regulations; “ major residential development ” has the meaning given in the BSL Regulations; “ named client ” has the meaning given in the BSL Regulations; “ ordinary residential dwelling ” has the meaning given in the BSL Regulations; “ original application ” has the meaning given in the BSL Regulations; “ other units ” has the meaning given in regulation 11(2) of the BSL Regulations; “ part of a wider development ” has the meaning given in the BSL Regulations; “ previous development condition ” has the meaning given in the BSL Regulations; “ prior approval ” means an approval given or deemed to be given following a prior approval application; “ prior approval application ” has the meaning given in section 69A(2) of TCPA 1990; “ purpose-built student accommodation ” has the meaning given in the BSL Regulations; “ relevant residential building ” has the meaning given in the BSL Regulations; “ relevant residential units ” has the meaning given in regulation 11(2) of the BSL Regulations; “ residential floorspace ” has the meaning given in the BSL Regulations; “ TCPA 1990 ” means the Town and Country Planning Act 1990; “ updated application ” has the meaning given in the BSL Regulations; “ variation application ” has the meaning given in the BSL Regulations. 3 In regulation 4, at the end of paragraph (1) insert— f if the HRB work relates to the provision of one or more dwellings, or one or more bedspaces in purpose-built student accommodation, and the building which consists of or contains the dwellings or bedspaces is a residential building (as defined in regulation 7 of the BSL Regulations), the building safety levy information in accordance with regulation 17A. . 4 In regulation 9— a after paragraph (3) insert— 3A Subject to paragraphs (3B) and (3C), where the work relates to the provision of one or more dwellings, or one or more bedspaces in purpose-built student accommodation, and the building which consists of or contains the dwellings or bedspaces is a residential building (as defined in regulation 7 of the BSL Regulations), a notice under paragraph (3) must also— a if the levy charging conditions are met— i include a statement setting out the number of dwellings, if any, that would be provided as a result of the building work to which the building control approval application for HRB work relates which are within any of sub-paragraphs (a) to (c) of regulation 8(1) of the BSL Regulations, ii include a statement setting out the levy charging information, in accordance with regulation 17B, in relation to the building control approval application for HRB work to which the notice relates, iii include a statement setting out the applicable planning information, b if the levy charging conditions are not met— i include a statement setting out the applicable planning information, ii include a statement explaining how the levy charging conditions are not met, or c if a statement under sub-paragraph (a) or (b) has been given previously in relation to the building work to which the building control approval application for HRB work relates, include a statement to that effect. 3B Where a notice under paragraph (3) is required to include a statement under paragraph (3A)(a) or (b), the client must send evidence as to the matters set out in the statement together with a statement identifying the application to which the evidence relates, to the collecting authority on the same day that the notice under paragraph (3) is sent to the regulator. 3C Where, in relation to the work referred to in paragraph (3A), no statement under regulation 17A(1)(c) to (f) has previously been required, the notice under paragraph (3) must include whichever of those statements under regulation 17A(1)(c) to (f) that is applicable. , b after paragraph (11) insert— 12 In this regulation— a the “levy charging conditions” are— i the building work to which the building control approval application for HRB work or a building control approval application for a stage of HRB work relates would result in a new building which includes residential floorspace, an existing building which includes residential floorspace where previously it had none (whether by extension or change of use), or an existing building with an increased total area of residential floorspace (whether by extension or change of use), ii the building work to which the application relates is, or is anticipated to be, major residential development or is part of a wider development which is, or is anticipated to be, major residential development, and iii the named client or, if there is more than one named client, each of them, in relation to the application is not an exempt person; b subject to sub-paragraph (c), “applicable planning information” is— i where a statement under regulation 17A(1)(a) stated that planning permission is not required, a statement confirming whether or not that remains the case and if it has changed setting out details of the change; ii where a statement under regulation 17A(1)(a) stated that section 33 of the Planning Act 2008 applied, a statement confirming whether or not that remains the case and also identifying the development consent under section 31 of the Planning Act 2008 and if it has changed setting out details of the change; iii where regulation 17A(1)(b)(i) or (iv) applied to the building control approval application for HRB work or the building control approval application for a stage of HRB work at the time that application was made, a statement confirming that information identifying the planning permission or prior approval have already been provided and if the planning permission has changed since the time that application was made the statement must set out details of the planning permission as updated; iv where regulation 17A(1)(b)(ii) or (iii) applied to the building control approval application for HRB work or the building control approval application for a stage of HRB work at the time that application was made, information identifying the planning permission granted; v where regulation 17A(1)(b)(v) or (vi) applied to the building control approval application for HRB work or the building control approval application for a stage of HRB work at the time that application was made, information identifying the prior approval and how the prior approval requirement is satisfied, but where the planning permission expressly provides for the development to be carried out in phases the reference in paragraph (iii) and (iv) to the planning permission is a reference to the planning permission for the particular phase or phases of the development to which the building control approval application for HRB work or the building control approval application for a stage of HRB work relates; c if, at the date the applicable planning information is to be included in a notice or application, no statement under regulation 17A(1)(a) or (b) has previously been required, then the “applicable planning information” is whichever of those statements under regulation 17A(1)(a) or (b) that is applicable, as updated; d for the purposes of paragraph (b), a prior approval requirement is satisfied, in relation to a development, if the outcome of the prior approval application is that— i prior approval is given or is deemed to be given, or ii the local planning authority has determined prior approval is not required (where local planning authority has the meaning given in section 336 of TCPA 1990). . 5 In regulation 12, at the end of paragraph (1) insert— f if the proposed work relates to the provision of one or more dwellings, or one or more bedspaces in purpose-built student accommodation, and the building which consists of or contains the dwellings or bedspaces is a residential building (as defined in regulation 7 of the BSL Regulations), the building safety levy information in accordance with regulation 17A. . 6 In regulation 17— a after paragraph (3) insert— 3A Subject to paragraphs (3B) and (3C), where the work relates to the provision of one or more dwellings, or one or more bedspaces in purpose-built student accommodation, and the building which consists of or contains the dwellings or bedspaces is a residential building (as defined in regulation 7 of the BSL Regulations), a notice under paragraph (3) must also— a if the levy charging conditions are met— i include a statement setting out the number of dwellings (if any) that would be provided as a result of the building work to which the building control approval application for work to existing HRB relates which are within any of sub-paragraphs (a) to (c) of regulation 8(1) of the BSL Regulations, ii include a statement setting out the levy charging information, in accordance with regulation 17B, in relation to the building control approval application for work to existing HRB to which the notice relates, iii include a statement setting out the applicable planning information, b if the levy charging conditions are not met— i include a statement setting out the applicable planning information, ii include a statement explaining how the levy charging conditions are not met, iii be accompanied by evidence as to the matters described in paragraphs (i) and (ii), or c if a statement under sub-paragraph (a) or (b) has been given previously in relation to the building work to which the building control approval application for work to existing HRB relates, include a statement to that effect. 3B Where a notice under paragraph (3) is required to include a statement under paragraph (3A)(a) or (b), the client must send evidence as to the matters set out in the statement together with a statement identifying the application to which the evidence relates, to the collecting authority on the same day that the notice under paragraph (3) is sent to the regulator. 3C Where, in relation to the work referred to in paragraph (3A), no statement under regulation 17A(1)(c) to (f) has previously been required, the notice under paragraph (3) must include whichever of those statements under regulation 17A(1)(c) to (f) that is applicable. ; b after paragraph (11) insert— 12 In this regulation— a the “levy charging conditions” are— i the building work to which the building control approval application for work to existing HRB relates would result in an existing building which includes residential floorspace where previously it had none (whether by extension or change of use), or an existing building with an increased total area of residential floorspace (whether by extension or change of use), ii the building work to which the application relates is, or is anticipated to be, major residential development or is part of a wider development which is, or is anticipated to be, major residential development, and iii the named client or, if there is more than one named client, each of them, in relation to the application is not an exempt person; b subject to sub-paragraph (c), “applicable planning information” is— i where a statement under regulation 17A(1)(a) stated that planning permission is not required, a statement confirming whether or not that remains the case and if it has changed setting out details of the change; ii where a statement under regulation 17A(1)(a) stated that section 33 of the Planning Act 2008 applied, a statement confirming whether or not that remains the case and also identifying the development consent under section 31 of the Planning Act 2008 and if it has changed setting out details of the change; iii where regulation 17A(1)(b)(i) or (iv) applied to the building control approval application for work to existing HRB at the time that application was made, a statement confirming that information identifying the planning permission or prior approval have already been provided and if the planning permission has changed since the time that application was made the statement must set out details of the planning permission as updated; iv where regulation 17A(1)(b)(ii) or (iii) applied to the building control approval application for work to existing HRB at the time that application was made, information identifying the planning permission granted; v where regulation 17A(1)(b)(v) or (vi) applied to the building control approval application for work to existing HRB at the time that application was made, information identifying the prior approval and how the prior approval requirement is satisfied, but where the planning permission expressly provides for the development to be carried out in phases the reference in paragraph (iii) and (iv) to the planning permission is a reference to the planning permission for the particular phase or phases of the development to which the building control approval application for work to existing HRB relates; c if, at the date the applicable planning information is to be included in a notice or application, no statement under regulation 17A(1)(a) or (b) has previously been required, then the “applicable planning information” is whichever of those statements under regulation 17A(1)(a) or (b) that is applicable, as updated; d for the purposes of paragraph (b), a prior approval requirement is satisfied, in relation to a development, if the outcome of the prior approval application is that— i prior approval is given (or is deemed to be given), or ii the local planning authority has determined prior approval is not required (where local planning authority has the meaning given in section 336 of TCPA 1990). . Amendment of HRB Regulations: building safety levy information etc 31 After Chapter 2 of Part 2 of the HRB Regulations insert— Chapter 3 Building safety levy Building safety levy information 17A 1 The “building safety levy information” is— a a statement as to whether the applicable work relates to development— i for which planning permission is required, or ii to which section 33 of the Planning Act 2008 applies, b in a case where planning permission is required, also one of the following statements— i a statement that the planning permission has been granted together with information identifying the permission, ii a statement that an application for planning permission has been made but not yet determined together with information identifying the application for planning permission, iii a statement that an application for planning permission has not yet been made, iv a statement that the planning permission is subject to prior approval and the prior approval requirement is satisfied, together with information identifying the prior approval and how the requirement is satisfied, v a statement that the planning permission is subject to prior approval and a prior approval application has been made but the prior approval requirement is not yet satisfied, together with information identifying the prior approval application, vi a statement that the planning permission is subject to prior approval and a prior approval application has not yet been made, but where the planning permission expressly provides for the development to be carried out in phases the references in paragraphs (i), (ii) and (iii) to the planning permission is a reference to the planning permission for the particular phase or phases of the development to which the relevant application relates, c in a case where planning permission is required or section 33 of the Planning Act 2008 applies, also a statement as to whether the building work to which the application relates is, or is anticipated to be, major residential development or is part of a wider development which is, or is anticipated to be, major residential development, d in relation to each of the buildings included in the building work to which the relevant application relates, the local authority in whose area the building is or is to be situated, e the number of dwellings, if any, that would be provided as a result of the building work to which the relevant application relates, f if purpose-built student accommodation would be provided as a result of the building work to which the relevant application relates, the number of bedspaces that would be contained in the purpose-built student accommodation, and g if paragraph (3) applies in relation to the relevant application, details of any levy determination notice given in respect of the original application or the updated application comprising that original application and one or more variation applications. 2 In paragraph (1), the prior approval requirement is satisfied, in relation to a development, if the outcome of the prior approval application is that— a prior approval is given or is deemed to be given, or b the local planning authority has determined prior approval is not required (where local planning authority has the meaning given in section 336 of TCPA 1990). 3 Where the relevant application is a “ variation application ” for the purposes of the BSL Regulations, references in this regulation and in regulation 17B to the application are to be treated as references to the updated application comprising the variation application, the original application to which it relates and any other variation applications relating to that original application. 4 In this regulation— “ applicable work ” means— the building work to which a relevant application or change control application relates, but where the building work is part of a wider development, all the work included in that development; “ relevant application ” means a building control approval application for HRB work, a stage of HRB work or work to existing HRB or a change control application. Levy charging information 17B 1 The “levy charging information” is— a a statement as to whether the previous development condition is met in respect of the relevant building application, and b the following information in relation to each relevant residential building to which the relevant building application relates— i floorspace information in relation to the building on completion of the building work to which the relevant building application relates, and ii if the building is a relevant residential building at the time the relevant building application was made, the floorspace information in relation to the building at that time. 2 Subject to paragraphs (5) and (6), the “ relevant building application ” means— a where the levy charging information is required by regulation 9(3A) or 17(3A) to be included in a notice under regulation 9(3) or, as the case may be, regulation 17(3), the building control approval application for HRB work, stage of HRB work or work to existing HRB to which the notice relates; b where the levy charging information is required under regulation 21(2) and (3) to be included in a variation application, the updated application. 3 The “floorspace information” is— a the gross internal area of each ordinary residential dwelling; b the gross internal area of purpose-built student accommodation; c the gross internal area of each area of communal space for residents; d in relation to each area of communal space for residents, a statement as to whether it is within— i regulation 11(1)(a) of the BSL Regulations, or ii regulation 11(1)(b) of the BSL Regulations; e in relation to each area of communal space for residents that is within regulation 11(1)(b) of the BSL Regulations— i the gross internal area of each of the relevant residential units within regulation 11(1)(b)(i), and ii the gross internal area of each of the other units within regulation 11(1)(b)(ii). 4 For the purposes of any calculation under paragraph (3), it is to be assumed that the building work is carried out in accordance with— a the relevant building application, and b the planning permission and any agreement under section 106 of TCPA 1990, or as the case may be the development consent under section 31 of the Planning Act 2008, for the development to which the building work relates. 5 In the case of a relevant building application that relates to part of a relevant residential building references in this regulation to the relevant residential building are to be treated as references to the part of the building to which the application relates. 6 If the levy charging information is provided in relation to an updated application, the reference in paragraph (1)(b)(ii) to the relevant building application is to be treated as a reference to the original application. . Chapter 2 Applications made to the regulator: provision of information to, and by, the collecting authority Provision of application information by the regulator 32 1 This regulation applies where the regulator receives— a a higher-risk building application that includes the building safety levy information, b a section 91ZB application that includes the building safety levy information, c an updated application that includes the information required by virtue of regulation 14(1)(h) of the 2010 Regulations, d a change control application that includes the information required by virtue of regulation 21(2)(g) of the HRB Regulations. 2 The regulator must, before the end of the period of 10 working days beginning with the day on which the application is received, provide the following information to the collecting authority— a the contact information for the named client; b the reference number, if any, allocated by the regulator to the application; c the date on which the application was received; d a copy of the building safety levy information and any information required to be included in the application by virtue of regulation 21(2)(g)(ii) or (iii) of the HRB Regulations or regulation 14(1)(h)(ii) or (iii) of the 2010 Regulations. 3 Paragraph (4) applies in relation to an application referred to in paragraph (1) if— a in the case of a higher-risk building application, the regulator— i rejects the application under regulation 7(2) or 15(2) of the HRB Regulations, and ii gives notice of the rejection in accordance with regulation 7(4) or 15(4) of those Regulations; b in the case of a section 91ZB application, the regulator— i rejects the application under regulation 14A(2) of the 2010 Regulations , and ii gives notice of the rejection in accordance with regulation 14A(6) of those Regulations; c in the case of a change control application, the regulator— i rejects the application under regulation 24(2) of the HRB Regulations, and ii gives notice of the rejection in accordance with regulation 24(4) of those Regulations. 4 The regulator must, before the end of the period of 5 working days beginning with the day on which the notice of the rejection referred to in paragraph (3) (a) (ii) , (b) (ii) or (c) (ii) is given, provide a copy of the notice to the collecting authority. 5 If rejection of an application referred to in paragraph (1) is reviewed under regulation 48(1) of the HRB Regulations and the regulator does not uphold the rejection, the regulator must notify the collecting authority, before the end of the period of 5 working days beginning with the day on which the regulator makes the review decision, that the review has not upheld the rejection. 6 If rejection of an application referred to in paragraph (1) is appealed under regulation 49(1) of the HRB Regulations and the regulator is notified that the appeal is allowed, the regulator must notify the collecting authority, before the end of the period of 5 working days beginning with the day on which the regulator receives the appeal decision, that the appeal has been allowed. Provision of commencement of building work information by the regulator 33 1 If the regulator receives a commencement notice which includes information required under regulation 9(3A)(a) or (b) or 17(3A)(a) or (b) of the HRB Regulations, the regulator must— a give a copy of the notice to the collecting authority, and b if the regulator gives, in relation to the commencement notice, a rejection notice under regulation 9(4) or regulation 17(4) of the HRB Regulations, notify the collecting authority that the rejection notice has been given. 2 If the regulator receives a commencement notice which includes information required under regulation 16(3CA)(a) or (b) of the 2010 Regulations , the regulator must— a give a copy of the notice to the collecting authority, and b if the regulator gives, in relation to the commencement notice, a rejection notice under regulation 16(3E) of the 2010 Regulations , notify the collecting authority that the rejection notice has been given. 3 The regulator must give the copy of the commencement notice, required under paragraph (1) (a) or (2) (a) , before the end of the period of 10 working days beginning with the day on which the commencement notice is received. 4 The regulator must give the notification, required under paragraph (1) (b) or (2) (b) , before the end of the period of 5 working days beginning with the day on which the regulator gives the rejection notice. 5 If rejection of a commencement notice referred to in paragraph (1) or (2) is appealed and the regulator is notified that the appeal is allowed, the regulator must notify the collecting authority that the appeal has been allowed before the end of the period of 5 working days beginning with the day on which the regulator receives the appeal decision. Provision of new named client information by the regulator 34 1 This regulation applies if— a the regulator receives a notice under regulation 27(2) of the HRB Regulations in relation to— i a higher-risk building application that includes the building safety levy information, or ii a change control application that is accompanied by the building safety levy information, or b the regulator— i receives a notice under regulation 11O(2) of the 2010 Regulations in relation to building work, and ii the section 91ZB application in relation to the building work includes the building safety levy information. 2 The regulator must, before the end of the period of 5 working days beginning with the day on which the notice is received, provide a copy of the notice to the collecting authority. Provision of confirmation by collecting authority 35 1 Paragraph (3) applies if, pursuant to regulation 14 of the 2010 Regulations, a collecting authority receives evidence from a named client of a type referred to in regulation 14(7) of those Regulations. 2 Paragraph (3) applies if, pursuant to regulation 21 of the HRB Regulations, a collecting authority receives evidence from a named client of a type referred to in regulation 21(5) of those Regulations. 3 The collecting authority must, within 10 working days beginning with the day on which the evidence is received, notify the regulator of its receipt. Chapter 3 Section 30A applications: provision of information by Secretary of State to a collecting authority Applications under section 30A of the 1984 Act: rejection of higher-risk building application 36 1 Paragraph (2) applies if— a an application is made to the Secretary of State under section 30A of the 1984 Act in relation to a higher-risk building application or a change control application that includes building safety levy information, and b the Secretary of State rejects the higher-risk building application or the change control application under a provision mentioned in regulation 32 (3) (a) (i) or (c) (i) . 2 The Secretary of State must, before the end of the period of 5 working days beginning with the day on which the notice of rejection under a provision mentioned in regulation 32 (3) (a) (ii) or (c) (ii) is given, provide a copy of the notice to the collecting authority. 3 If rejection of the application referred to in paragraph (1) is appealed and the Secretary of State is notified that the appeal is allowed, the Secretary of State must notify the collecting authority that the appeal has been allowed before the end of the period of 5 working days beginning with the day on which the Secretary of State receives the appeal decision. Part 7 DETERMINATION OF LEVY LIABILITY Collecting authority: determination of levy liability amount 37 1 This regulation applies if— a the building control authority has received a building control application, and b the collecting authority has received the following information (or a copy of it) in relation to the building work to which the application relates— i the information required by regulation 14(1)(g) or (h) of the 2010 Regulations, regulation 4(1)(f) or regulation 12(1)(f) or regulation 21(2)(g) and (5) of the HRB Regulations or, as the case may be, paragraph 5(f) of Form 1, or paragraph 4(h) of Form 2 or paragraph 5(f) of Form 4 in Schedule 1 to the RBCA Regulations, and ii the information required by regulation 16(3CA) of the 2010 Regulations, regulation 9(3A) and (3B) or regulation 17(3A) and (3B) of the HRB Regulations or, as the case may be, regulation 15(2A), and where applicable regulation 15(2B), of the RBCA Regulations. 2 The collecting authority must, within the determination period (as defined in regulation 38 )— a determine, in accordance with regulation 15 , whether or not the application is chargeable, and b take either the steps specified in paragraph (3) or the step specified in paragraph (4) . 3 If the application referred to in paragraph (1) is chargeable, the collecting authority must— a determine the total amount of building safety levy chargeable in respect of the application (the “levy liability amount”) in accordance with regulation 16 , and b give a levy liability notice to the named client in accordance with regulation 39 . 4 If the application referred to in paragraph (1) is not chargeable, the collecting authority must give a notice of no charge to the named client in accordance with regulation 40 . 5 If the application referred to in paragraph (1) is an initial notice, or an updated application in relation to an initial notice, the collecting authority must, within the determination period, give a copy of the notice referred to in paragraphs (3) (b) or (4) to the registered building control approver. 6 In determining the amount referred to in paragraph (3) in relation to a building control application which is an updated application, the references in regulations 17 (2) (a) , 17 (3) , 18 (2) (a) , 18 (3) and 18 (4) (b) to the time the application was made are to be treated as references to the time the original application, to which that updated application relates, was made. 7 Subject to paragraphs (8) and (9), for the purposes of paragraph (1) the information (or a copy of it) is not to be considered to have been received if the building control application or the compliant commencement notice to which the information relates is rejected under— a regulation 14A(2) or 16(3E) of the 2010 Regulations, b regulation 9(4), 17(4) or 24(2) of the HRB Regulations, c regulation 15(3) of the RBCA Regulations, or d section 51A(3) of the 1984 Act. 8 If there is a review of the decision to reject the building control application under regulation 48(1) of the HRB Regulations paragraph (7) does not have effect if the review does not uphold the decision to reject the application. 9 If there is an appeal against the rejection of the building control application or compliant commencement notice under— a regulation 14B(1), 14B(4), 14C(1) or 16(3I) of the 2010 Regulations, b regulation 9(7), 17(7) or 49(1) of the HRB Regulations, c regulation 15(6) of the RBCA Regulations, or d section 55(1) of the 1984 Act, paragraph (7) does not have effect if the appeal is allowed. “Determination period” 38 1 Subject to paragraphs (3) to (9), in regulation 37 , the “ determination period ” means the period of 5 weeks beginning with the receipt date or such longer period as the collecting authority and the named client agree in writing. 2 The “ receipt date ” in relation to a building control application is— a in the case of a building control application which is not an updated application, the date on which the collecting authority receives the last of the following documents— i the building safety levy information in relation to the application; ii the first compliant commencement notice, or a copy of it, in relation to building work to which the building control application relates; iii the evidence, in relation to that notice, referred to in regulation 16(3CA) of the 2010 Regulations, regulation 9(3B) or 17(3B) of the HRB Regulations or, as the case may be, regulation 15(2A) of the RBCA Regulations; b in the case of a pre-commencement updated application, the date on which the collecting authority receives the last of the following documents— i the building safety levy information in relation to the updated application; ii the first compliant commencement notice, or a copy of it, in relation to building work to which the updated application relates; iii the evidence, in relation to that notice, referred to in regulation 16(3CA) of the 2010 Regulations, regulation 9(3B) or 17(3B) of the HRB Regulations or, as the case may be, regulation 15(2A) of the RBCA Regulations; c in the case of an updated application which is received after the first compliant commencement notice, or a copy of it, has been received, the date on which the collecting authority receives the last of the following documents— i the building safety levy information in relation to the updated application; ii the statements and evidence referred to regulation 14(5) or (6) of the 2010 Regulations, regulation 21(5) of the HRB Regulations or, as the case may be, paragraph 2(a) or (b) of the Annex to Form 2 in Schedule 1 to the RBCA Regulations. 3 If the collecting authority considers that the information provided is not sufficient for the purposes of making a determination under regulation 37 (2) (a) or (3) (a) — a the collecting authority may request further information from the named client for the purposes of making that determination, and b the determination period ends on the day which is 5 weeks after the day on which the collecting authority receives the information that the authority considers is sufficient to enable it to make the determination. 4 If the first compliant commencement notice referred to in paragraph (2) (a) or (b) is rejected under— a regulation 16(3E) of the 2010 Regulations, b regulation 9(4) or 17(4) of the HRB Regulations, or c regulation 15(3) of the RBCA Regulations, the determination period ends on the day which is 5 weeks after the day on which the collecting authority receives a new compliant commencement notice, or a copy of it, in relation to the application, and that notice is to be treated as if it were the first compliant commencement notice. 5 If the review of the decision to reject the building control application under regulation 48(1) of the HRB Regulations does not uphold the decision to reject the application the determination period ends on the day which is 5 weeks after the day on which the collecting authority receives notice of the review decision. 6 If the appeal against the rejection of the first compliant commencement notice referred to in paragraph (2) (a) or (b) or an application referred to in paragraph (2)(c) is allowed under— a regulation 14B(2), 14B(5) and 14C(2) or 16(3I) of the 2010 Regulations, b regulation 9(8), 17(8) or 49(2) of the HRB Regulations, c regulation 15(7) of the RBCA Regulations, or d section 55(2) of the 1984 Act, the determination period ends on the day which is 5 weeks after the day on which the collecting authority receives notice of the appeal decision. 7 If the application is selected for a levy information spot check under regulations 47 or 48 — a the determination period for the application is the period of 8 weeks beginning with the receipt date, or where paragraph (5) or (6) applies the determination period for the application is the period of 8 weeks beginning with the day on which the collecting authority receives notice of the review decision or appeal decision, b if the collecting authority requests further information in accordance with paragraph (3) , the determination period for the application ends on the day which is 5 weeks after the day on which the collecting authority receives the information that the authority considers is sufficient to enable it to make the determination, or c if the collecting authority requests further information in accordance with regulation 50 (3) , the determination period for the application ends on the day which is 5 weeks after the day on which the collecting authority receives the information that the authority considers is sufficient to enable it to carry out the levy information spot check. 8 If during the period provided for in paragraph (7) (b) a request for further information is made in accordance with regulation 50 (3) then the determination period in paragraph (7) (c) applies instead. 9 If during the period provided for in paragraph (7)(c) a request for further information is made in accordance with paragraph (3) then the determination period in paragraph (7)(b) applies instead. 10 In this regulation, “ compliant commencement notice ” means— a in relation to a higher-risk building application or a pre-commencement updated application in relation to such an application, a commencement notice which includes the information referred to in regulations 9(3A) or 17(3A) of the HRB Regulations; b in relation to an application for building control approval with full plans, a section 91ZB application or a pre-commencement updated application in relation to such an application, a commencement notice which includes the information referred to in regulation 16(3CA) of the 2010 Regulations; c in relation to an initial notice or a pre-commencement updated application in relation to such a notice, a commencement notice which includes the information referred to in regulation 15(2A) of the RBCA Regulations. “Levy liability notice” 39 1 A “levy liability notice” is a notice, in relation to a chargeable application, stating the levy liability amount. 2 A levy liability notice must also specify— a the building control application to which the notice relates, b if ordinary residential dwellings would be provided as a result of the building work to which the application relates, the number of those dwellings, c if dwellings would be provided as a result of the building work to which the application relates, the number of those dwellings that are within any of sub-paragraphs (a) to (c) of regulation 8 (1) , d if purpose-built student accommodation would be provided as a result of the building work to which the application relates, the number of bedspaces contained in it, e in relation to each of the relevant residential buildings to which the application relates— i the amount of chargeable accommodation floorspace (as defined in regulation 17 (2)), ii the chargeable amount of communal floorspace (as defined in regulation 18 (2)), and iii the applicable area rate (as defined in regulation 20 (2)), and f the date on which the notice is given. 3 If the levy liability notice relates to an updated application— a the reference in paragraph (2) (a) to the building control application to which the notice relates is a reference to the original application and each subsequent variation application in relation to it, and b the notice must also specify— i the amount, if any, of the building safety levy paid in respect of— aa the original application, bb any other updated application in relation to the original application or any levy update application in relation to the original application, and ii the amount of any payment made in relation to the building control application under regulations 65 and 66 . 4 Where the building control application referred to in paragraph (2) (a) relates to part of a relevant residential building the reference in paragraph (2) (e) to the relevant residential building is a reference to the part of the building to which the application relates. “Notice of no charge” 40 1 A “notice of no charge” is a notice, in relation to a building control application, stating that no building safety levy is chargeable in respect of the application. 2 A notice of no charge must specify— a the building control application to which the notice relates, b the number of dwellings, if any, that would be provided as a result of the building work to which the application relates, c if purpose-built student accommodation would be provided as a result of the building work to which the application relates, the number of bedspaces contained in it, d the reasons why the application is not chargeable, and e the date on which the notice is given. 3 If the notice of no charge relates to an updated application, the reference in paragraph (2) (a) to the building control application to which the notice relates is a reference to the original application and each subsequent variation application in relation to it. Part 8 VARIATION OF BUILDING CONTROL APPLICATIONS Chapter 1 Meaning and effect of variation applications Variation applications 41 1 A “ variation application ” means— a in relation to an application for building control approval with full plans that relates to building work in respect of one or more residential buildings, a subsequent application for building control approval with full plans that— i relates to one or more of the same buildings, and ii does not relate solely to a building in respect of which the building work is completed; b in relation to an initial notice, an amendment notice; c in relation to a higher-risk building application, a change control application. 2 A variation application is “made” if— a in the case of an application for building control approval with full plans, it is made within the meaning of regulation 5 (2) (a) ; b in the case of an amendment notice, it is given to a local authority in accordance with section 51A(2)(a) of the 1984 Act ; c in the case of a change control application, it is submitted to the regulator in accordance with regulations 18(5) and 21 of the HRB Regulations. Effect of a variation application 42 1 This regulation applies if— a a collecting authority received a building control application (the “ original application ”), and b a variation application, relating to the original application, is made. 2 For the purposes of these Regulations (other than the provisions of this Part)— a the original application and the variation application are treated as a single building control application (the “updated application”); b subject to paragraph (6), the collecting authority is treated as receiving the updated application on the date on which it receives the variation application; c if the variation application is an application for building control approval with full plans, Parts 7 and 9 of these Regulations do not apply in relation to the variation application alone but those Parts apply to the variation application as part of the updated application. 3 The updated application is treated as being made on the date the variation application is made (as described in regulation 41 (2) ). 4 If part of the work described in a building control application to which an updated application relates is completed then— a in determining, in accordance with regulation 15 , whether or not the updated application is chargeable, and b in calculating the levy liability amount in relation to the application, the completed work is to be treated as if it were as described in the original application (including any changes to that work which were described in all the variation applications approved before the work was completed). 5 If after a levy determination notice is given in relation to the updated application under regulation 37 , a further variation application is made relating to the original application (“the undetermined variation application”) then— a references in this regulation (except in this paragraph) to the original application are to be treated as references to the original application as varied by all variation applications except the undetermined variation application; b references in this regulation (except in this paragraph) to the variation application are to be treated as references to the undetermined variation application. 6 If the variation application is— a a section 91ZB application, the collecting authority is treated as receiving the updated application on whichever is the later of— i the date it receives the information in relation to the variation application in accordance with regulation 32(2), ii the date it receives the evidence in relation to the variation application in accordance with regulation 14(7) of the 2010 Regulations, b a change control application, the collecting authority is treated as receiving the updated application on whichever is the later of— i the date it receives the information in relation to the variation application in accordance with regulation 32(2), ii the date it receives the evidence in relation to the variation application in accordance with regulation 21(5) of the HRB Regulations. 7 In this regulation a variation application is “approved” if it has been approved by the building control authority or, in the case of an amendment notice, it is treated as approved pursuant to section 51B(1)(b) of the 1984 Act . 8 In a case where an application is made to the Secretary of State under section 30A of the 1984 Act in relation to a variation application, the reference in paragraph (7) to a building control authority is to be treated as a reference to the Secretary of State. Cancellation and reinstatement of levy determination notices 43 1 This regulation applies where a collecting authority has given a levy determination notice in relation to a building control application. 2 If, after a levy determination notice is given in relation to a building control application, a notice of rejection in respect of the first compliant commencement notice is given in accordance with— a regulation 16(3E) of the 2010 Regulations, b regulation 15(3) of the RBCA Regulations, c regulation 9(4) or 17(4) of the HRB Regulations, then on the day on which the rejection notice is given or, if the regulator is the building control authority, the day on which the collecting authority receives notification of the rejection, the levy determination notice in relation to the application is cancelled. 3 If, after a levy determination notice is given in relation to a building control application, the collecting authority is treated as receiving an updated application in relation to the original application and gives a levy determination notice in relation to the updated application under regulation 37 , then on the day on which the levy determination notice for the updated application is given the levy determination notice in relation to the original application is cancelled. 4 If, after a levy determination notice is given in relation to the updated application, a notice of rejection of the updated application is given in accordance with— a regulation 14A(6) of the 2010 Regulations, b regulation 8(3) of the RBCA Regulations, c regulation 24(4) of the HRB Regulations, then on the day on which the rejection notice is given or, if the regulator is the building control authority, the day on which the collecting authority receives notification of the rejection, the levy determination notice in relation to the updated application is cancelled, and the levy determination notice in relation to the original application is reinstated. 5 The collecting authority must give notice to the named client of any cancellation or reinstatement of a levy determination notice under this regulation. 6 If the building control application referred to in paragraph (1) is an initial notice, or an updated application in relation to an initial notice, the collecting authority must give a copy of the notice under paragraph (5) to the registered building control approver. 7 A notice under paragraph (5) or (6) must be given before the end of the period of 5 working days beginning with— a in a case to which paragraph (3) applies, the day on which the levy determination notice for the updated application is given; b in any other case, the day on which the notice of rejection is given or, if the regulator is the building control authority, the day on which the collecting authority receives notification of the rejection. 8 If after a levy determination notice is given in relation to the updated application under regulation 37 , a further variation application is made relating to the original application (“the undetermined variation application”) then— a references in this regulation (except in this paragraph) to the original application are to be treated as references to the original application as varied by all variation applications except the undetermined variation application; b references in this regulation (except in this paragraph) to the updated application are to be treated as references to the undetermined variation application. Chapter 2 Amendment of secondary legislation Amendment of RBCA Regulations: information to be provided with amendment notices 44 In Schedule 1 to the RBCA Regulations, for Form 2, substitute the corresponding form in Schedule 5. Amendment of HRB Regulations: information to be provided with change control applications 45 1 Regulation 21 of the HRB Regulations is amended as follows . 2 In paragraph (2) omit the “and” at the end of sub-paragraph (e) and at the end of sub-paragraph (f) insert— g if the change control application is an updated application and the building work, to which the updated application relates, relates to the provision of one or more dwellings, or one or more bedspaces in purpose-built student accommodation, and the building which consists of or contains the dwellings or bedspaces is a residential building (as defined in regulation 7 of the BSL Regulations)— i the building safety levy information, in relation to the updated application, in accordance with regulation 17A but where the updated application is given on or after the day on which the first notice under regulations 9(3) or 17(3) is given then the information in regulation 17A(1)(a) and (b) is not required; ii if the levy charging conditions are met, the information set out in paragraph (3); iii if the levy charging conditions are not met, the information set out in paragraph (4). . 3 After paragraph (2) insert— 3 The information referred to in paragraph (2)(g)(ii) is— a a statement setting out the number of dwellings, if any, that would be provided as a result of the building work to which the updated application relates which are within any of sub-paragraphs (a) to (c) of regulation 8(1) of the BSL Regulations; b a statement setting out the levy charging information in relation to the updated application in accordance with regulation 17B; c in a case where regulation 9(3A) or 17(3A) has not applied to any notice under regulation 9(3) or, as the case may be, 17(3), a statement which includes the applicable planning information within the meaning of regulation 9 or, as the case may be, 17; d in any case where sub-paragraph (c) does not apply, a statement confirming whether or not the applicable planning information previously provided continues to be correct and if it is not, the statement must include the applicable planning information as updated. 4 The information referred to in paragraph (2)(g)(iii) is— a in a case where the change control application is received on a day which is before the first notice under regulations 9(3) or 17(3) is received in relation to the original application, a statement confirming that the first notice under regulations 9(3) or 17(3) was not given before the change control application was submitted; b in a case where the change control application is received on or after the day on which the first notice under regulation 9(3) or 17(3) is received and regulation 9(3A) or 17(3A) did not apply to that notice and has not applied to any notice under regulation 9(3) or, as the case may be, 17(3), a statement which— i includes the applicable planning information within the meaning of regulation 9 or, as the case may be, 17; ii explains how the levy charging conditions are not met; c in any other case, a statement which— i confirms whether or not the applicable planning information previously provided continues to be correct and if it is not, the statement must include the applicable planning information as updated; ii explains how the levy charging conditions are not met. 5 Where a change control application is required to include a statement under paragraph (3) or (4)(b) or (c), the client must send evidence as to the matters set out in the statement together with a statement identifying the application to which the evidence relates to the collecting authority on the same day that the change control application is made to the regulator. 6 For the purposes of paragraph (2)(g), the “levy charging conditions” are that— a the change control application is received on or after the day on which the first notice under regulations 9(3) or 17(3) is received in relation to the original application, b the building work to which the updated application relates would result in a new building which includes residential floorspace, an existing building which includes residential floorspace where previously it had none (whether by extension or change of use), or an existing building with an increased total area of residential floorspace (whether by extension or change of use), c the building work to which the application relates is, or is anticipated to be, major residential development or is part of a wider development which is, or is anticipated to be, major residential development, and d the named client or, if there is more than one named client, each of them, in relation to the application is not an exempt person. . Part 9 LEVY INFORMATION SPOT CHECKS AND LEVY UPDATES Chapter 1 “Levy information spot check” “Levy information spot check” 46 1 A “ levy information spot check ” means an assessment as to the accuracy of a set of levy information in relation to a building control application, by reference to— a any of the following— i if the application is— aa a building control application which is not an updated application, or bb a pre-commencement updated application in relation to the original application, the evidence provided under regulation 16(3CA) of the 2010 Regulations , regulations 9(3B) or 17(3B) of the HRB Regulations or regulation 15(2A) of the RBCA Regulations , ii if the application is an updated application which is made after the first compliant commencement notice was given in relation to the original application, the evidence provided under regulation 14(5) or (6) of the 2010 Regulations , regulation 21(5) of the HRB Regulations or paragraph 2(a) or (b) of the Annex to Form 2 in Schedule 1 to the RBCA Regulations , iii if a levy update notice is received in relation to the application, the evidence provided with the levy update notice, b the planning permission, or as the case may be the development consent under section 31 of the Planning Act 2008, for the development in relation to which the building work to which the application relates is to be carried out, and c such other information as is reasonably available to the collecting authority. 2 A levy information spot check, in relation to a building control application, may only be carried out during the relevant period for the building control application. 3 In this regulation— “ relevant period ” means— the determination period under regulation 38 (7) in relation to the building control application, or the period for determining a levy update application under regulation 53(10) in relation to the building control application; “ set of levy information ” means— a set of Category 1 levy information, as defined in regulation 47 (3) , or a set of Category 2 levy information, as defined in regulation 48 (3) . Chapter 2 Circumstances in which levy information spot checks are carried out Requirement to carry out levy information spot checks: Category 1 47 1 This regulation applies if, in a financial quarter, a collecting authority receives one or more sets of Category 1 levy information. 2 The collecting authority must carry out a levy information spot check— a in relation to at least one set of Category 1 levy information received in the financial quarter, and b if the collecting authority receives more than 10 sets of Category 1 levy information in the financial quarter, in relation to at least 10% of those sets. 3 A “ set of Category 1 levy information ” means— a if the application referred to in regulation 46(1) is a non-RBCA building control application, the building safety levy information that is provided with the application together with the BSL information provided with the first compliant commencement notice given in relation to that application; b if the application referred to in regulation 46(1) is a non-RBCA pre-commencement updated application, the building safety levy information provided with that updated application together with the BSL information provided with the first compliant commencement notice given in relation to that application; c if the application referred to in regulation 46(1) is a non-RBCA updated application, the information required under regulation 14(1)(h) of the 2010 Regulations or, as the case may be, regulation 21(2)(g) of the HRB Regulations to be provided in relation to that updated application; d if a levy update notice is received in relation to a non-RBCA building control application or an updated application referred to in sub-paragraph (b) or (c) , the information required to be provided with the notice under regulation 52 (3) . 4 In this regulation— “ BSL information ” means the statement required by regulation 16(3CA) of the 2010 Regulations or regulations 9(3A) or 17(3A) of the HRB Regulations, to be included in the first compliant commencement notice; “ non-RBCA building control application ” means an application for building control approval with full plans or a higher-risk building application; “ non-RBCA pre-commencement updated application ” means a pre-commencement updated application, excluding one in relation to an initial notice; “ non-RBCA updated application ” means an updated application other than— an updated application in relation to an initial notice, or a non-RBCA pre-commencement updated application. Requirement to carry out levy information spot checks: Category 2 48 1 This regulation applies if, in a financial quarter, a collecting authority receives one or more sets of Category 2 levy information. 2 The collecting authority must carry out a levy information spot check— a in relation to at least one set of Category 2 levy information received in the financial quarter, and b if the collecting authority receives more than 10 sets of Category 2 levy information in the financial quarter, in relation to at least 10% of those sets. 3 A “ set of Category 2 levy information ” means— a if the application referred to in regulation 46(1) is an initial notice, the building safety levy information that is provided with an initial notice together with the BSL information provided with the first compliant commencement notice given in relation to that initial notice; b if the application referred to in regulation 46(1) is a RBCA pre-commencement updated application, the building safety levy information that is provided with that updated application together with the BSL information provided with the first compliant commencement notice given in relation to the initial notice to which that application relates; c if the application referred to in regulation 46(1) is a RBCA updated application, the information required under paragraph 4(h) of, and the Annex to, Form 2 in Schedule 1 to the RBCA Regulations to be provided with that updated application; d if a levy update notice is received in relation to an initial notice or an updated application referred to in sub-paragraph (b) or (c), the information required to be provided with the notice under regulation 52 (3) . 4 In this regulation— “ BSL information ” means the statement required by regulation 15(2A) of the RBCA Regulations to be included in the first compliant commencement notice; “ RBCA pre-commencement updated application ” means a pre-commencement updated application in relation to an initial notice; “ RBCA updated application ” means an updated application in relation to an initial notice other than an application which is a RBCA pre-commencement updated application. Chapter 3 Process for carrying out levy information spot checks Requirement to notify named client of levy information spot check 49 1 This regulation applies where a collecting authority carries out a levy information spot check in relation to a building control application. 2 The collecting authority must as soon as practicable, but within the relevant period (as defined in regulation 46 (3) ) for the building control application, give notice to the named client— a stating that the collecting authority is carrying out a levy information spot check, b specifying the last date by which the spot check must be carried out, which is the end of the relevant period for the building control application, and c stating that, if the collecting authority requests further information for the purposes of carrying out the levy information spot check, the period for carrying out the spot check is revised in accordance with regulation 50 (3) . Further information and notice of outcome 50 1 This regulation applies where a collecting authority has given notice in relation to a building control application under regulation 49 that it is carrying out a levy information spot check. 2 Subject to paragraph (3), the collecting authority must, no later than the LDN day, give notice to the named client stating whether or not the authority considers that the set of levy information in relation to the building control application is accurate. 3 If the collecting authority considers it does not have sufficient information for the purposes of carrying out the levy information spot check— a the collecting authority may request further information from the named client, and b the period for carrying out the levy information spot check ends on the day which is 5 weeks after the day on which the collecting authority receives the information that the authority considers is sufficient to enable it to carry out the levy information spot check. 4 In this regulation “the LDN day” is the day on which the collecting authority gives a levy determination notice or a revised levy determination notice in relation to the building control application to which the levy information spot check relates. Inaccurate building safety levy information 51 1 This paragraph applies if, having carried out a levy information spot check in relation to a building control application, the collecting authority does not consider that the set of levy information is accurate. 2 The notice given under regulation 50 (2) must— a specify the information that the authority considers is inaccurate (the “inaccurate information”), and b specify the information that, for the purposes of determining the levy liability amount, the authority is substituting for the inaccurate information. Chapter 4 Levy update notices Levy update notices 52 1 This regulation applies if— a a levy determination notice has been given to a named client in relation to a building control application, b the building work to which the application relates has not been completed, c one or more of the following changes occur in relation to the building work to which the application relates— i the named client becomes an exempt person, ii a new named client who is an exempt person replaces a named client who was not an exempt person, iii the named client ceases to be an exempt person, iv a new named client who is not an exempt person replaces a named client who was an exempt person, v one or more dwellings which were to be ordinary residential dwellings will no longer be ordinary residential dwellings, or vi one or more dwellings which were not to be ordinary residential dwellings are to be ordinary residential dwellings. 2 A named client in relation to the building control application may, before the building work to which the application relates is completed, give a notice to the collecting authority requesting a revised levy determination notice in relation to the building work (“levy update notice”). 3 Subject to paragraph (4), the levy update notice must be signed by the named client and include— a a statement setting out the number of dwellings, if any, that would be provided as a result of the building work to which the application relates (updated for the changes referred to in paragraph (1)(c)) which are within any of sub-paragraphs (a) to (c) of regulation 8(1) of the BSL Regulations, b a statement setting out the levy charging information (updated for the changes referred to in paragraph (1)(c)), in relation to the application, c a statement confirming whether or not the applicable planning information provided with the first compliant commencement notice under regulation 16(3C) of the 2010 Regulations, regulation 15(2) of the RBCA Regulations or regulations 9(3A) or 17(3A) of the HRB Regulations continues to be correct and if it is not, the statement must include the applicable planning information as updated, d if a new person (NP) has become the client in relation to building work to which an initial notice relates (and details of NP have not already been given to the authority in an amendment notice, a levy update notice, a notice under regulation 15(2) of the Building (Registered Building Control Approvers etc.) (England) Regulations 2024 or notice under paragraph 2(3) of Schedule 4 to the BSL Regulations), a statement explaining that NP is the new named client and setting out the contact information for NP, e evidence as to the matters described in sub-paragraphs (a) to (c). 4 If the change to which the notice relates results in the building control application no longer being chargeable, the statement under paragraph (3)(b) must instead explain how the application is no longer chargeable. 5 If part of the building work described in the application referred to in paragraph (1) is completed a named client may nevertheless give a levy update notice in relation to the building control application provided that any change referred to in paragraph (1)(c) relates to the remaining uncompleted building work. 6 A levy update notice given in relation to a change in paragraph (1)(c)(ii) or (iv) may only be given by the new named client. Procedure and outcome for levy updates 53 1 This regulation applies if the collecting authority— a has given a levy determination notice in relation to a building control application, and b has received a levy update notice relating to that application in accordance with regulation 52 . 2 For the purposes of these Regulations— a the collecting authority must treat the levy update notice and the building control application as if it were a single building control application (the “levy update application”); b the collecting authority is treated as receiving the levy update application on the date on which it receives the levy update notice (“receipt date”). 3 Subject to paragraphs (6) to (12), the collecting authority must, before the end of the period of 5 weeks beginning with the receipt date— a determine in accordance with regulation 15 whether or not the building control application remains chargeable having regard to the levy update application, and b take either the steps specified in paragraph (4) or the step specified in paragraph (5). 4 If the building control application, having regard to the levy update application, is chargeable, the collecting authority must— a determine the levy liability amount in respect of the application, and b revise the levy liability notice and give a revised levy determination notice to the named client which, subject to paragraph (6), includes the details set out in regulation 67 (6) . 5 If the building control application, having regard to the levy update application, is no longer chargeable, the collecting authority must give to the named client a revised levy determination notice, containing a notice of no charge, which, subject to paragraph (6), includes the details set out in regulation 67 (6) . 6 For the purposes of paragraphs (4)(b) and (5), regulation 67 (6) has effect as if any reference in that paragraph to— a the refund application were a reference to the levy update notice; b the new levy liability amount were a reference to the levy liability amount determined under this regulation; c the remaining work were a reference to the building work described in the building control application referred to in this regulation having regard to the levy update notice. 7 In making the determination under paragraph (3) the collecting authority must refer to the circumstances which existed at the time the building control application was made, as varied by any changes referred to in regulation 52 (1) (c) . 8 In determining the levy liability amount under paragraph (4) if the building control application referred to in paragraph (1) is an updated application the references in regulations 17 (2) (a) , 17 (3) , 18 (2) (a) , 18 (3) and 18 (4) (b) to the time the application was made must be read as references to the time the original application was made. 9 If the collecting authority considers that the information provided in relation to the levy update application is not sufficient for the purposes of making a determination under this regulation— a the collecting authority may request further information from the named client for the purposes of making the determination, and b the period for determining the application ends on the day which is 5 weeks after the day on which the collecting authority receives the information that the authority considers is sufficient to enable it to make the determination. 10 If the levy update notice is selected for a levy information spot check under regulations 47 or 48 — a the period for determining the levy update application and the levy information spot check is the period of 8 weeks beginning with the receipt date, b if the collecting authority requests further information in accordance with paragraph (9), the period for determining the levy update application and the levy information spot check is the period given pursuant to paragraph (9)(b), or c if the collecting authority requests further information in accordance with regulation 50 (3) , the period for determining the levy update application and the levy information spot check ends on the day which is 5 weeks after the day on which the collecting authority receives the information that the authority considers is sufficient to enable it to carry out the levy information spot check. 11 If during the period provided for in paragraph (10) (b) a request for further information is made in accordance with regulation 50 (3) then the period in paragraph (10) (c) applies instead. 12 If during the period provided for in paragraph (10)(c) a request for further information is made in accordance with paragraph (9) then the period in paragraph (10)(b) applies instead. 13 If a notice of no charge is given under paragraph (5) then the levy determination notice in relation to the application referred to in paragraph (1) is cancelled and the revised levy determination notice given under paragraph (5) must include a statement to that effect. 14 If the levy determination notice referred to in paragraph (1) is a notice of no charge and the building control application, having regard to the levy update application, is chargeable then the notice of no charge is cancelled and the revised levy determination notice given under paragraph (4) must include a statement to that effect. 15 If the building control application referred to in paragraph (1) is an initial notice, or an updated application in relation to an initial notice, the collecting authority must give a copy of the revised levy determination notice referred to in paragraph (4) to the registered building control approver. 16 If part of the work described in a building control application to which a levy update notice relates is completed then— a in determining whether the building control application remains chargeable, and b in taking the steps specified in paragraph (4), the completed work is to be treated as if it were as described in the building control application, including any variations to that work which were described in any variation application approved before the work was completed, and no regard is to be had to how a change listed in regulation 52 (1) (c) relates to the completed work. Request for revised levy determination 54 1 This paragraph applies if— a a collecting authority has given a levy liability notice in relation to a building control application, b one of the relevant circumstances applies, and c there is no levy payment certificate in relation to the application. 2 If paragraph (1) applies in relation to the application, the named client may request, by an application in accordance with paragraph (3) (“request application”), that the collecting authority gives a revised levy determination notice in relation to the building control application referred to in paragraph (1). 3 A request application— a must be signed by the named client; b must include— i the contact information for the named client; ii information identifying the building control application referred to in paragraph (1), and where the application is an updated application, the original application and all of the variation applications relating to that application; iii information identifying the levy liability notice given in relation to the building control application referred to in paragraph (1); iv information identifying the regulation 54 work to which the request application relates and which of the relevant circumstances applies to that work; v a statement explaining, by reference to the circumstances prevailing at the relevant time— aa the floorspace information in relation to the regulation 54 work; bb whether or not the named client in relation to the building control application referred to in paragraph (1) was an exempt person; cc whether or not any building included in the regulation 54 work was an exempt building; dd whether or not any dwelling included in the regulation 54 work was subject to an exemption referred to in regulation 8(1); c must be accompanied by evidence to show that one of the relevant circumstances applies to the regulation 54 work. 4 If following receipt of a request application in accordance with this regulation the collecting authority is satisfied the conditions in paragraph (1) are met, the collecting authority must, before the end of the period of 5 weeks beginning with the date on which the request application is received— a determine the new levy liability amount in relation to the building control application referred to in paragraph (1) (where, subject to paragraph (5), a new levy liability amount has the meaning given in regulation 67 ); b give the named client a revised levy determination notice in relation to the building control application; c if the building control application referred to in paragraph (1) is an initial notice or an updated application in relation to an initial notice, give a copy of the revised levy determination notice to the registered building control approver. 5 In determining the amount referred to in paragraph (4) (a) , regulation 67 has effect as if in paragraphs (3) to (5) of that regulation any reference to— a the refund application were a reference to the request application; b the building control application referred to in regulation 66(1) were a reference to the building control application referred to in this regulation; c part lapse work were a reference to regulation 54 work. 6 In this regulation— “ floorspace information ” has the same meaning as in regulation 66 ; “ regulation 54 work ” means the part of the original work to which one of the relevant circumstances applies (where “ original work ” means the building work described in the building control application referred to in paragraph (1)); “ relevant circumstances ” are— section 32(3) or 53A(3) of the 1984 Act applies in relation to part of the building work to which the building control application relates, the building control application is an initial notice or an updated application in relation to an initial notice, and a cancellation notice under section 52A of the 1984 Act has been given in relation to part of the building work to which the initial notice relates, the regulator becomes the building control authority under section 91ZA of the 1984 Act in relation to part of the building work to which the building control application relates, the regulator ceases to be the building control authority under section 91ZA of the 1984 Act in relation to part of the building work to which the building control application relates; “ relevant time ” means the time which is the latest of the following— the time the first compliant commencement notice was given in relation to building work to which the building control application referred to in paragraph (1) relates; the time an updated application, if any, was made; the time the most recent levy update notice, if any, was given under regulation 52(2) in relation to the building control application. Part 10 LEVY PAYMENT AND COMPLETION OF WORKS Chapter 1 Payment of levy Requirements in relation to levy payment certificates 55 1 This regulation applies where a collecting authority receives payment, in full, of the levy liability amount in relation to a building control application. 2 The collecting authority must, before the end of the period of 2 weeks beginning with the date on which the payment is received by the collecting authority— a give a levy payment certificate to the named client in relation to the building control application, and b if the application is an initial notice or an updated application where the original application was an initial notice, give a copy of the levy payment certificate to the registered building control approver. Content of levy payment certificate 56 1 A “levy payment certificate” is a notice in relation to a chargeable application stating the amount of building safety levy paid in respect of the application. 2 A levy payment certificate must include— a details identifying the building control application in respect of which the payment is received by the collecting authority, b details identifying the levy liability notice in relation to the application, and the levy liability amount stated in that notice, c a statement of— i if ordinary residential dwellings would be provided as a result of the building work to which the application relates, the number of those dwellings, ii if purpose-built student accommodation would be provided as a result of the work to which the application relates, the number of bedspaces contained in it, and iii if dwellings would be provided as a result of the building work to which the application relates, the number of those dwellings that are within any of paragraphs (a) to (c) of regulation 8 (1) , d if the levy payment certificate has been revised— i the amount specified before revision, and ii the amount of any payment made in relation to the building control application under regulations 65 and 66 , and e the date on which the certificate is given. Chapter 2 Amendment of secondary legislation Amendment of 2010 Regulations: completion notice 57 1 Regulation 16 of the 2010 Regulations is amended as follows. 2 At the end of paragraph (4A) for the full stop substitute a semi-colon and then insert— f if, under regulation 14(1)(g) or (h), building safety levy information was required to be provided with the application for building control approval with full plans in relation to the building work or an updated application in relation to that application, a levy liability statement under paragraph (5B). . 3 After paragraph (5A) insert— 5B The “levy liability statement” is a statement, signed by the named client, that— a a notice of no charge has been received in relation to the application referred to in paragraph (4A)(f), or an updated application relating to it, and has not been cancelled under regulation 43 or 53 of the BSL Regulations, or b the levy liability amount in relation to the application referred to in paragraph (4A)(f), or the updated application relating to it, has been paid in full, and for these purposes, “ notice of no charge ” and “ levy liability amount ” have the same meaning as in the BSL Regulations. . Amendment of 2010 Regulations: withholding a completion certificate 58 1 Regulation 17 of the 2010 Regulations is amended as follows. 2 In paragraph (1) for “A relevant authority” substitute “Subject to paragraph (2B), a relevant authority” . 3 After paragraph (2A) insert— 2B Where the notice referred to in paragraph (2) was required by regulation 16(4A)(f) to include a levy liability statement, the relevant authority must not give a completion certificate unless it has received a notification under regulation 63(2) or (4) of the BSL Regulations stating that the collecting authority agrees with the levy liability statement. . Amendment of RBCA Regulations: compliance declarations 59 1 Regulation 18 of the RBCA Regulations is amended as follows. 2 The existing provision becomes paragraph (1). 3 At the end of paragraph (1) for the full stop substitute a semi-colon and then insert— f if, in accordance with paragraph 5(f) of Form 1, paragraph 4(h) of Form 2, or as the case may be paragraph 5(f) of Form 4, in Schedule 1, building safety levy information was required to be provided with the initial notice or an updated application in relation to that initial notice, a levy liability statement under paragraph (2). . 4 After paragraph (1) insert— 2 The “levy liability statement” is a statement, signed by the named client, that— a a notice of no charge has been given in relation to the initial notice referred to in paragraph (1)(f), or an updated application relating to it, and has not been cancelled under regulation 43 or 53 of the BSL Regulations, or b the levy liability amount in relation to the initial notice referred to in paragraph (1)(f), or the updated application relating to it, has been paid in full, and for those purposes, “ notice of no charge ” and “ levy liability amount ” have the same meaning as in the BSL Regulations. . Amendment of RBCA Regulations: rejecting final certificate 60 1 The RBCA Regulations are amended as follows. 2 In Schedule 1, for Form 5, substitute the corresponding form in Schedule 5. 3 In Schedule 4, at the end insert— Building safety levy 11 If, in relation to any building work, regulation 18(1)(f) requires a levy liability statement to be included in a notice under that regulation, the building control authority must reject the final certificate in respect of such work unless it has received a notification under regulation 63(2) of the BSL Regulations stating that the collecting authority agrees with the levy liability statement. . Amendment of HRB Regulations: completion certificate applications 61 1 The HRB Regulations are amended as follows. 2 In regulation 40— a at the end of paragraph (1) for the full stop substitute a semi-colon and then insert— g if, in accordance with regulation 4(1)(f), 12(1)(f) or 21(2)(g), building safety levy information was required to be provided with a building control application or an updated application in relation to that building control application, a levy liability statement under paragraph (3A). ; b after paragraph (3) insert— 3A Subject to paragraph (3B), a “levy liability statement” is a statement, signed by the named client, that— a a notice of no charge has been given in relation to the application referred to in paragraph (1)(g), or an updated application relating to it, and has not been cancelled under regulation 43 or 53 of the BSL Regulations, or b the levy liability amount in relation to the application referred to in paragraph (1)(g), or an updated application relating to it, has been paid in full. 3B Where there is more than one collecting authority in relation to the building control application, the named client may only give a statement under paragraph (3A)(a) if each of the collecting authorities in relation to the application have given a notice of no charge and none of those notices have been cancelled. 3C In this regulation, “ building control application ”, “ levy liability amount ” and “ notice of no charge ” have the same meaning as in the BSL Regulations. . 3 In regulation 45 (partial completion certificates)— a at the end of paragraph (2) for the full stop substitute a semi-colon and then insert— j if, in accordance with regulation 4(1)(f), 12(1)(f) or 21(2)(g), building safety levy information was required to be provided with a building control application or an updated application in relation to that building control application, a levy liability statement under paragraph (4A). ; b after paragraph (4) insert— 4A Subject to paragraph (4B), a “levy liability statement” is a statement, signed by the named client, that— a a notice of no charge has been given in relation to the application referred to in paragraph (2)(j), or an updated application relating to it, and has not been cancelled under regulation 43 or 53 of the BSL Regulations, or b the levy liability amount in relation to the application referred to in paragraph (2)(j), or an updated application relating to it, has been paid in full. 4B Where there is more than one collecting authority in relation to the building control application, the named client may only give a statement under paragraph (4A)(a) if each of the collecting authorities in relation to the application have given a notice of no charge and none of those notices have been cancelled. 4C In this regulation “ building control application ”, “ levy liability amount ” and “ notice of no charge ” have the same meaning as in the BSL Regulations. . Amendment of HRB Regulations: rejecting completion certificate applications 62 1 The HRB Regulations are amended as follows. 2 In regulation 44 (completion certificate applications: decisions), after paragraph (2) insert— 2A Where the completion certificate application was required by regulation 40(1)(g) to include a levy liability statement, the regulator must reject the application unless a notice under regulation 63(4) of the BSL Regulations which states that the collecting authority agrees with the levy liability statement has been received from the collecting authority or, where there is more than one authority, such a notice has been received from each collecting authority. . 3 In regulation 45 (partial completion certificates), after paragraph (11) insert— 11A Where the partial completion certificate application was required by paragraph (2)(j) to include a levy liability statement, the regulator must reject the application unless a notice under regulation 63(4) of the BSL Regulations which states that the collecting authority agrees with the levy liability statement has been received from the collecting authority or, where there is more than one authority, such a notice has been received from each collecting authority. . Chapter 3 Provision of information in relation to completion applications etc Provision of information by the named client and by the collecting authority in relation to completion applications 63 1 This regulation applies where a building control authority receives an HRB-related completion application or a LABC completion application. 2 In relation to a LABC completion application, before— a in the case of a LABC completion application which is a notice under regulation 16(4) of the 2010 Regulations, giving a completion certificate under those Regulations, b in the case of a LABC completion application which is a final certificate, accepting the certificate, the building control authority must ask the collecting authority whether or not it agrees with the levy liability statement in relation to the application and the collecting authority must notify the building control authority confirming whether or not the collecting authority agrees with the statement. 3 In relation to a HRB-related completion application, the named client in relation to that completion application must— a on a day which is no earlier than the day the application is made, provide to the collecting authority a statement, signed by the named client— i stating that a HRB-related completion application has been made to the regulator, and ii identifying each building control application to which the HRB-related completion application relates, b on the day the named client provides the statement referred to in sub-paragraph (a), give the collecting authority a copy of the levy liability statement included in the HRB-related completion application, and c on the day the named client provides the statement referred to in sub-paragraph (a), notify the regulator that the named client has provided the statements in sub-paragraph (a) and (b). 4 Where a named client has provided the statements referred to in paragraph (3)(a) and (b) the collecting authority must, before the end of the period of 10 working days beginning with the day on which the authority receives those statements, notify the regulator confirming whether or not the authority agrees with the levy liability statement given by the named client. 5 In this regulation— “ final certificate statement ” means, in the case of a LABC completion application which is a final certificate , a statement under paragraph 15 of Form 5 of Schedule 1 to the RBCA Regulations; “ HRB-related completion application ” means— a completion certificate application that is required, by regulation 40 of the HRB Regulations, to include a levy liability statement; a partial completion certificate application that is required, by regulation 45 of the HRB Regulations, to include a levy liability statement; a notice under regulation 16(4) of the 2010 Regulations that— is given in relation to a section 91ZB application, and is required, by regulation 16(4A) of the 2010 Regulations, to include a levy liability statement; “ LABC completion application ” means— a notice under regulation 16(4) of the 2010 Regulations that— is given in relation to an application for building control approval with full plans which is not a section 91ZB application, and is required, by regulation 16(4A) of the 2010 Regulations, to include a levy liability statement; a final certificate, given in relation to an initial notice, which is required to include a final certificate statement; “ levy liability statement ” has the meaning given in regulation 16(5B) of the 2010 Regulations, regulation 18(2) of the RBCA Regulations or, as the case may be, regulation 40(3A) or 45(4A) of the HRB Regulations. Rejection of applications by the Secretary of State 64 1 This regulation applies where, under section 30A of the 1984 Act, a person has applied for a HRB completion application to be determined by the Secretary of State. 2 The Secretary of State must ask the collecting authority whether a notice under regulation 63(4) has been sent to the regulator in respect of the HRB completion application. 3 If the collecting authority receives a request under paragraph (2) it must reply to the Secretary of State— a stating whether a notice under regulation 63(4) has been given in relation to the application, and b where such a notice has been given, providing a copy of the notice, before the end of the period of 10 working days beginning with the day the request is received. 4 The Secretary of State must reject the HRB completion application unless a copy of the notice under regulation 63(4), in respect of the building work to which the application relates, which states that the collecting authority agrees with the levy liability statement has been received from the collecting authority or, where there is more than one authority, a copy of such a notice has been received from each collecting authority. 5 In this regulation “ HRB completion application ” means— a a completion certificate application that is required, by regulation 40 of the HRB Regulations, to include a levy liability statement; b a partial completion certificate application that is required, by regulation 45 of the HRB Regulations, to include a levy liability statement. Chapter 4 Refunds Refund of levy payments: conditions A to D 65 1 This regulation applies in relation to a building control application if— a the collecting authority has given a levy liability notice in relation to the building control application, b the collecting authority has given a levy payment certificate under regulation 55 in respect of the building control application, and c any of conditions A to D are met. 2 Where this regulation applies and the collecting authority is satisfied that the amount payable exceeds the reasonable administrative costs that would be incurred by it in making the payment, the collecting authority must, within the refund payment period, pay to the named client an amount calculated in accordance with paragraph (7) (“refund amount”) and— a if a notice of no charge is given, give the named client a notice cancelling the original levy payment certificate, or b in any other case, give the named client a revised levy payment certificate which, subject to paragraph (8), must include the details referred to in regulation 67 (8) . 3 Condition A is that— a the levy liability notice referred to in paragraph (1)(a) is cancelled under regulation 43(2) or (3), and b either— i the levy liability amount specified in the levy liability notice in relation to the updated application is lower than the amount specified in the levy payment certificate referred to in paragraph (1)(b), or ii the collecting authority gives a notice of no charge in relation to the updated application. 4 Condition B is that— a the levy liability notice referred to in paragraph (1)(a) is revised or cancelled under regulation 53 , and b either— i the levy liability amount specified in the revision of the levy liability notice in relation to the levy update application is lower than the amount specified in the levy payment certificate referred to in paragraph (1)(b), or ii the collecting authority gives a notice of no charge in relation to the levy update application. 5 Condition C is that— a under regulation 72 , the collecting authority carries out a review of its determination of the levy liability amount specified in the levy liability notice referred to in paragraph (1) (a) , and b on the review, either— i the collecting authority revises the levy liability notice and the levy liability amount specified in that notice is lower than the amount specified in the levy payment certificate referred to in paragraph (1)(b), or ii the collecting authority gives a notice of no charge. 6 Condition D is that— a on an appeal against a collecting authority’s determination of the levy liability amount specified in the levy liability notice referred to in paragraph (1)(a), the First-tier Tribunal substitutes a decision as to the levy liability amount, and b pursuant to regulation 73 (5) , either— i the collecting authority revises a levy liability notice and the levy liability amount specified in that notice is lower than the amount specified in the levy payment certificate referred to in paragraph (1)(b), or ii the collecting authority gives a notice of no charge. 7 The refund amount is an amount equal to— a in a case within paragraph (3)(b)(i), the difference between— i the amount specified in the levy payment certificate referred to in paragraph (1)(b), and ii the levy liability amount specified in the levy liability notice for the updated application; b in a case within paragraph (4)(b)(i), (5)(b)(i) or (6)(b)(i) the difference between— i the amount specified in the levy payment certificate referred to in paragraph (1)(b), and ii the levy liability amount specified in the revision to the levy liability notice; c in a case within paragraph (3)(b)(ii), (4)(b)(ii), (5)(b)(ii) or (6)(b)(ii), the amount specified in the levy payment certificate referred to in paragraph (1)(b). 8 For the purposes of paragraph (2), regulation 67(8) has effect as if any reference in that paragraph to relevant work were a reference to the building work described in the building control application referred to in this regulation having regard to the variation application, the levy update notice, the review or, as the case may be, the appeal. 9 In this regulation “ refund payment period ” means the period of 2 weeks beginning with the later of— a the date on which the revised levy determination notice is given or, in the case of an updated application, the levy determination notice is given, and b the date on which the collecting authority receives details of a bank account, nominated by the named client, into which the payment is to be made. Refund of levy payments: conditions E to K 66 1 This regulation applies in relation to a building control application if— a the collecting authority has given a levy liability notice in relation to the building control application, b the collecting authority has given a levy payment certificate under regulation 55 in respect of the levy liability notice, and c any of conditions E to K are met. 2 Where this regulation applies, the named client may apply, in accordance with paragraph (12) , to the collecting authority for a refund (“refund application”). 3 Following receipt of a refund application, if the collecting authority is satisfied that— a the requirements of paragraph (1) are met, and b the amount payable exceeds the reasonable administrative costs that would be incurred by it in making the payment, the collecting authority must, within the refund payment period, pay to the named client an amount calculated in accordance with paragraph (11) (“refund amount”). 4 Condition E is that a lapse provision applies in relation to part of the building work to which the building control application relates. 5 Condition F is that— a the building control application referred to in paragraph (1) is an initial notice, or an updated application in relation to an initial notice, b the initial notice is cancelled under a cancellation provision, and c no final certificate has been accepted in respect of any of the building work to which the initial notice relates. 6 Condition G is that— a the building control application referred to in paragraph (1) is an initial notice, or an updated application in relation to an initial notice, b the initial notice is cancelled under a cancellation provision, and c a final certificate has been accepted in respect of any of the building work to which the initial notice relates. 7 Condition H is that— a the building control application referred to in paragraph (1) is an initial notice, or an updated application in relation to an initial notice, and b the initial notice is cancelled, wholly or partially, under section 52A of the 1984 Act . 8 Condition I is that— a a local authority was the building control authority for building work to which the building control application referred to in paragraph (1) relates, and b the regulator becomes the building control authority under section 91ZA of the 1984 Act in relation to some or all of the building work to which the application relates. 9 Condition J is that— a the regulator was the building control authority under section 91ZB of the 1984 Act for building work to which the building control application referred to in paragraph (1) relates, and b the regulator becomes the building control authority under section 91ZA of the 1984 Act in relation to some or all of the building work to which the application relates. 10 Condition K is that— a the regulator was the building control authority under section 91ZA of the 1984 Act for building work to which the building control application referred to in paragraph (1) relates, and b a local authority becomes the building control authority in relation to some or all of the building work to which the application relates. 11 The refund amount is— a in a case to which condition E applies, an amount equal to the difference between the amount shown in the levy payment certificate referred to in paragraph (1) (b) and the new levy liability amount specified in the revised levy determination notice given under regulation 67 ; b in a case to which condition F applies, the amount shown in the levy payment certificate referred to in paragraph (1) (b) ; c in a case to which condition G applies, the amount attributable to the uncertificated work; d in a case to which condition H applies— i if the cancellation under section 52A of the 1984 Act applies to the whole of the initial notice, the amount shown in the levy payment certificate referred to in paragraph (1) (b) ; ii if a final certificate has been accepted in respect of some of the building work to which the initial notice relates and the cancellation under section 52A of the 1984 Act applies to the remainder of the building work described in the initial notice, the amount attributable to the uncertificated work; iii in any other case, an amount equal to the difference between the amount shown in the levy payment certificate referred to in paragraph (1) (b) and the new levy liability amount specified in the revised levy determination notice given under regulation 67 ; e in a case to which condition I or condition K applies— i if the local authority or, as the case may be, the regulator ceases to be the building control authority in relation to all the building work to which the building control application relates, the amount shown in the levy payment certificate referred to in paragraph (1) (b) ; ii if a completion certificate has been given in respect of some of the building work to which the building control application relates and the local authority or, as the case may be, the regulator ceases to be the building control authority in relation to the remainder of the building work described in the building control application, the amount attributable to the uncertificated work; iii in any other case, an amount equal to the difference between the amount shown in the levy payment certificate referred to in paragraph (1) (b) and the new levy liability amount specified in the revised levy determination notice given under regulation 67 ; f in a case to which condition J applies— i if the regulator ceases to be the building control authority under section 91ZB of the 1984 Act in relation to all the building work to which the building control application relates, the amount shown in the levy payment certificate referred to in paragraph (1) (b) ; ii if a completion certificate has been given in respect of some of the building work to which the building control application relates and the regulator ceases to be the building control authority under section 91ZB of the 1984 Act in relation to the remainder of the building work described in the building control application, the amount attributable to the uncertificated work; iii in any other case, an amount equal to the difference between the amount shown in the levy payment certificate referred to in paragraph (1) (b) and the new levy liability amount specified in the revised levy determination notice given under regulation 67 . 12 An application under this regulation — a must be signed by the named client and given to the collecting authority, b must include— i the contact information for the named client, ii information identifying the building control application referred to in paragraph (1) , the original application and all of the related variation applications relating to that application, iii information identifying any levy liability notice given in relation to that application, iv information identifying the levy payment certificate in relation to the building control application referred to in paragraph (1) , v in a case to which condition E applies, information identifying the lapse provision which applies, vi in a case to which condition E applies, information identifying the part lapse work to which the refund application relates, vii in a case to which condition F or G applies, information identifying the cancellation provision which applies, viii in a case to which condition H applies, a statement identifying whether the whole, or part only, of the initial notice is affected, ix in a case to which condition F or paragraph (11)(d)(i) applies, a statement confirming that no final certificate has been accepted in relation to any of the work, x in a case to which condition G applies— aa information identifying the uncertificated work, bb information identifying each of the final certificates accepted, xi in a case to which paragraph (11)(d)(ii) applies, information identifying the uncertificated work and each of the final certificates accepted, xii in a case to which paragraph (11)(d)(iii) applies, information identifying the condition H work to which the refund application relates, xiii in a case to which condition I, condition J or condition K applies— aa where paragraph (11)(e)(i) applies, a statement explaining that the local authority or, as the case may be, the regulator has ceased to be the building control authority in relation to all the building work to which the building control application referred to in paragraph (1) relates, bb where paragraph (11)(f)(i) applies, a statement explaining that the regulator has ceased to be the building control authority under section 91ZB of the 1984 Act in relation to all the building work to which the building control application referred to in paragraph (1) relates, cc where paragraph (11)(e)(ii) or (f)(ii) applies, information identifying the uncertificated work and each of the completion certificates given, and dd where paragraph (11)(e)(iii) or (f)(iii) applies, information identifying the condition I work, condition J work or condition K work to which the refund application relates, xiv in a case to which condition E, condition G, paragraph (11)(d)(ii) or (iii), paragraph (11)(e)(ii) or (iii) or paragraph (11)(f)(ii) or (iii) applies, a statement explaining by reference to the circumstances prevailing at the relevant time— aa the floorspace information in relation to the part lapse work, uncertificated work, condition H work, condition I work, condition J work or, as the case may be, the condition K work, bb whether or not the named client in relation to the building control application referred to in paragraph (1) was an exempt person, cc whether or not any building included in the part lapse work, uncertificated work, condition H work, condition I work, condition J work or, as the case may be, the condition K work was an exempt building, and dd whether or not any dwelling included in the part lapse work, uncertificated work, condition H work, condition I work, condition J work or, as the case may be, the condition K work was subject to an exemption referred to in regulation 8 (1) , and xv details of a bank account, nominated by the named client, into which any refund is to be paid, and c must be accompanied by— i in a case to which condition E applies, evidence to show a lapse provision applies to the part lapse work; ii in a case to which condition F, G or H applies, evidence to show the initial notice, or, if applicable, part of it, has been cancelled or ceased to be in force; iii in a case to which condition I applies, evidence to show the regulator has become the building control authority in relation to the condition I work; iv in a case to which condition J applies, evidence to show the regulator has become the building control authority under section 91ZA of the 1984 Act in relation to the condition J work; v in a case to which condition K applies, evidence to show the local authority has become the building control authority in relation to the condition K work. 13 Subject to paragraph (14) , the “amount attributable to the uncertificated work” is the amount given by applying the formula in regulation 16 (2) in respect of each relevant residential building to which the uncertificated work relates, adding together the amounts if there is more than one building. 14 In determining the amount referred to in paragraph (13) — a the rules in regulations 16 to 21 are to apply in relation to the uncertificated work as if— i references in regulations 16(1), 16(4), 17(3), 18(2) and 20(2)(a) to a building to which a building control application relates were references to a building to which the uncertificated work relates; ii if the application referred to in paragraph (1) is an updated application the references in regulations 17 (2) (a) , 17 (3) , 18 (2) (a) , 18 (3) and 18 (4) (b) to the time the application was made were references to the time the original application was made; b whether or not the named client is an exempt person is to be determined by reference to the circumstances prevailing at the relevant time; c whether or not a building is an exempt building is to be determined by reference to the circumstances at the relevant time; d whether or not a dwelling is subject to an exemption referred to in regulation 8 (1) is to be determined by reference to the circumstances at the relevant time; e no regard is to be had to whether the uncertificated work on its own is major residential development. 15 If the collecting authority is not satisfied the requirements of paragraph (1) are met, it must give a notice to the named client to that effect. 16 If the collecting authority considers that the information provided in relation to the refund application is not sufficient for the purposes of making a determination under this regulation — a the collecting authority may request further information from the named client for that purpose, and b the refund payment period in that case is the period of 5 weeks beginning with— i the date on which the collecting authority receives the information that the authority considers is sufficient to enable it to make the determination, or ii if later, the date the collecting authority receives bank details of the named client for the payment. 17 In this regulation— “ cancellation provision ” means— section 52 of the 1984 Act; section 53D of the 1984 Act ; “ completion certificate ” means a certificate given under regulation 17(1) of the 2010 Regulations or, as the case may be, regulation 44(1) or 45(10) of the HRB Regulations; “ condition H work ” means the part of the original work to which the cancellation under section 52A of the 1984 Act relates, where the original work means the building work described in the building control application referred to in paragraph (1) ; “ condition I work ” means the part of the original work in relation to which the local authority is no longer the building control authority, where the original work means the building work described in the building control application referred to in paragraph (1) ; “ condition J work ” means the part of the original work in relation to which the regulator is no longer the building control authority under section 91ZB of the 1984 Act, where the original work means the building work described in the building control application referred to in paragraph (1) ; “ condition K work ” means the part of the original work in relation to which the regulator is no longer the building control authority, where the original work means the building work described in the building control application referred to in paragraph (1) ; “ floorspace information ” has the meaning given in— where the application referred to in paragraph (1) is a higher-risk building application or change control application, regulation 17B of the HRB Regulations; where the application referred to in paragraph (1) is an application for building control approval with full plans or a section 91ZB application, regulation 16A of the 2010 Regulations ; where the application referred to in paragraph (1) is an initial notice or an amendment notice, regulation 15A of the RBCA Regulations; “ lapse provision ” means— section 32(3) of the 1984 Act, section 53A(3) of the 1984 Act ; “ part lapse work ” means the part of the original work to which a lapse provision applies, where the original work means the building work described in the building control application referred to in paragraph (1) ; “ refund payment period ” is— in a case to which condition F applies or where paragraph (11)(d)(i), (e)(i) or (f)(i) applies, 5 weeks beginning with— the date the refund application is received by the collecting authority, or if later, the date the collecting authority receives bank details of the named client for the payment; in a case to which condition G or where paragraph (11)(d)(ii), (e)(ii) or (f)(ii) applies, 2 weeks beginning with— the date the collecting authority gives the revised levy payment certificate required under regulation 67 , or if later, the date the collecting authority receives bank details of the named client for the payment; in any other case, 2 weeks beginning with— the date the collecting authority gives the revised levy determination notice required under regulation 67 , or if later, the date the collecting authority receives bank details of the named client for the payment; “ relevant time ” means the time which is the latest of the following— the time the first compliant commencement notice was given in relation to building work to which the building control application referred to in paragraph (1) relates; the time an updated application, if any, was made; the time the most recent levy update notice, if any, was given under regulation 52 (2) in relation to the building control application; “ uncertificated work ” means the part of the original work in respect of which no final certificate has been accepted or, as the case may be, no completion certificate has been given, where the original work means the building work described in the building control application referred to in paragraph (1) . Refunds: levy liability amount, levy liability notices and levy payment certificates 67 1 This regulation applies if, following receipt of a refund application in accordance with regulation 66 , a collecting authority is satisfied the requirements of regulation 66 (1) are met. 2 Where this regulation applies— a in a case to which condition E in regulation 66 applies, the collecting authority must, before the end of the period of 5 weeks beginning with the date on which the refund application is received— i determine the new levy liability amount in relation to the building control application referred to in regulation 66 (1) , ii give the named client a revised levy determination notice in relation to the building control application, iii give the named client a revised levy payment certificate, and iv if the building control application referred to in regulation 66 (1) is an initial notice or an updated application in relation to an initial notice, give a copy of the revised levy determination notice and revised levy payment certificate to the registered building control approver, b in a case to which condition F in regulation 66 applies— i on the date the refund is issued the levy liability notice and levy payment certificate referred to in regulation 66 (1) are cancelled, and ii the collecting authority must, no later than 2 weeks after the date on which the refund amount under regulation 66 (3) is paid, give a notice of the cancellation to the named client and give a copy of that notice to the registered building control approver, c in a case to which condition G in regulation 66 applies— i on the date the refund is issued the levy liability notice referred to in regulation 66 (1) is cancelled, and ii the collecting authority must, before the end of the period of 5 weeks beginning with the date the refund application is received— aa give the named client a revised levy payment certificate, bb give a copy of the revised levy payment certificate to the registered building control approver, d in a case to which condition H, condition I, condition J or condition K in regulation 66 applies— i if the cancellation under section 52A of the 1984 Act applies to the whole of the initial notice referred to in condition H in regulation 66 — aa on the date the refund is issued the levy liability notice and levy payment certificate referred to in regulation 66 (1) are cancelled, bb the collecting authority must, no later than 2 weeks after the date on which the refund amount under regulation 66 (3) is paid, give a notice of the cancellation to the named client and give a copy of that notice to the registered building control approver, ii if a final certificate has been accepted in respect of some of the building work to which that initial notice relates and the cancellation under section 52A of the 1984 Act applies to the remainder of the building work described in the initial notice— aa on the date the refund is issued the levy liability notice referred to in regulation 66 (1) is cancelled, bb the collecting authority must, before the end of the period of 5 weeks beginning with the date the refund application is received, give the named client a revised levy payment certificate and give a copy of that certificate to the registered building control approver, iii if condition I or condition K applies and the local authority or, as the case may be, the regulator ceases to be the building control authority in relation to all the building work to which the building control application referred to in regulation 66 (1) relates— aa on the date the refund is issued the levy liability notice and levy payment certificate referred to in regulation 66 (1) are cancelled, bb the collecting authority must, no later than 2 weeks after the date on which the refund amount under regulation 66 (3) is paid, give a notice of the cancellation to the named client, iv if condition J applies and the regulator ceases to be the building control authority under section 91ZB of the 1984 Act in relation to all the building work to which the building control application referred to in regulation 66 (1) relates— aa on the date the refund is issued the levy liability notice and levy payment certificate referred to in regulation 66 (1) are cancelled, bb the collecting authority must, no later than 2 weeks after the date on which the refund amount under regulation 66 (3) is paid, give a notice of the cancellation to the named client, v if condition I or condition K applies and a completion certificate has been given in respect of some of the building work to which that building control application relates and the local authority or, as the case may be, the regulator ceases to be the building control authority in relation to the remainder of the building work described in that building control application— aa on the date the refund is issued the levy liability notice referred to in regulation 66 (1) is cancelled, bb the collecting authority must, before the end of the period of 5 weeks beginning with the date the refund application is received, give the named client a revised levy payment certificate, vi if condition J applies and a completion certificate has been given in respect of some of the building work to which that building control application relates and the regulator ceases to be the building control authority under section 91ZB of the 1984 Act in relation to the remainder of the building work described in that building control application— aa on the date the refund is issued the levy liability notice referred to in regulation 66 (1) is cancelled, bb the collecting authority must, before the end of the period of 5 weeks beginning with the date the refund application is received, give the named client a revised levy payment certificate, and vii in any other case, the collecting authority must, before the end of the period of 5 weeks beginning with the date the refund application is received— aa determine the new levy liability amount in relation to the building control application referred to in regulation 66 (1) , bb give the named client a revised levy determination notice and a revised levy payment certificate in relation to the building control application, cc where condition H applies, also give a copy of the revised levy determination notice and revised levy payment certificate to the registered building control approver. 3 In this regulation the “ new levy liability amount ”, in relation to a building control application, is the difference between A and B, where— a A is the levy liability amount shown in the levy liability notice given, and not cancelled, before the date of receipt of the refund application, and b B is the amount of building safety levy attributable to the part lapse work, or in a case within paragraph (2)(d)(vii), the amount of building safety levy attributable to the condition H work or, as the case may be, the amount of building safety levy attributable to the condition I work, condition J work or condition K work. 4 Subject to paragraph (5) , in this regulation— a the “amount of building safety levy attributable to the part lapse work” is the amount given by applying the formula in regulation 16 (2) in respect of each relevant residential building to which the part lapse work relates, adding together the amounts if there is more than one building; b the “amount of building safety levy attributable to the condition H work” is the amount given by applying the formula in regulation 16 (2) in respect of each relevant residential building to which the condition H work relates, adding together the amounts if there is more than one building; c the “amount of building safety levy attributable to the condition I work” is the amount given by applying the formula in regulation 16 (2) in respect of each relevant residential building to which the condition I work relates, adding together the amounts if there is more than one building; d the “amount of building safety levy attributable to the condition J work” is the amount given by applying the formula in regulation 16 (2) in respect of each relevant residential building to which the condition J work relates, adding together the amounts if there is more than one building; e the “amount of building safety levy attributable to the condition K work” is the amount given by applying the formula in regulation 16 (2) in respect of each relevant residential building to which the condition K work relates, adding together the amounts if there is more than one building. 5 In determining the amount referred to in paragraph (4)— a the rules in regulations 16 to 21 are to apply in relation to the part lapse work, the condition H work, condition I work, condition J work or, as the case may be, the condition K work as if— i references in regulations 16(1), 16(4), 17(3) and 20(2)(a) to a building to which a building control application relates were references to a building to which the part lapse work, the condition H work, condition I work, condition J work or, as the case may be, the condition K work relates; ii if the building control application referred to in regulation 66 (1) is an updated application the references in regulations 17 (2) (a) , 17 (3) , 18 (2) (a) , 18 (3) and 18 (4) (b) to the time the application was made were references to the time the original application was made; b whether or not the named client is an exempt person is to be determined by reference to the circumstances at the time the building control application referred to in regulation 66 (1) was made or, if later, the time a levy update notice was given under regulation 52 (2) (“ the relevant time ”); c whether or not a building is an exempt building is to be determined by reference to the circumstances at the relevant time; d whether or not a dwelling is subject to an exemption referred to in regulation 8 (1) is to be determined by reference to the circumstances at the relevant time; e no regard is to be had to whether the part lapse work, condition H work, condition I work, condition J work or, as the case may be, the condition K work on its own is major residential development. 6 A “revised levy determination notice” is a notice which specifies the new levy liability amount, or that there is no charge where the application is not chargeable, and must also specify— a the building control application and, if applicable, the refund application to which the notice relates, b in a case where the notice specifies a new levy liability amount— i if ordinary residential dwellings would be provided as a result of the remaining work to which the building control application relates, the number of those dwellings, ii if dwellings would be provided as a result of the remaining work, the number of those dwellings that are within any of sub-paragraphs (a) to (c) of regulation 8 (1) , iii if purpose-built student accommodation would be provided as a result of the remaining work, the number of bedspaces contained in it, iv in relation to each of the relevant residential buildings to which the remaining work relates— aa the amount of chargeable accommodation floorspace (as defined in regulation 17 (2)), bb the chargeable amount of communal floorspace (as defined in regulation 18 (2)), and cc the applicable area rate (as defined in regulation 20 (2)), v the amount, if any, of the building safety levy previously paid in respect of the building control application including a separate amount for the original application, any updated application and any change to the levy amount following a levy update notice, c in a case where the notice specifies there is no charge— i the number of dwellings, if any, that would be provided as a result of the remaining work to which the building control application relates, ii if purpose-built student accommodation would be provided as a result of the remaining work, the number of bedspaces contained in it, iii the reasons why the application is not chargeable, d the amount of any payment previously made in relation to the building control application under regulations 65 and 66 , e the date on which the notice is given. 7 If the revised levy determination notice relates to an updated application the reference in paragraph (6)(a) to the building control application to which the notice relates is a reference to the original application and each subsequent variation application in relation to it. 8 In this regulation a “ revised levy payment certificate ” is a notice which specifies the amount of building safety levy paid in respect of the building control application referred to in regulation 65(1) or 66(1) less the refund amount given under regulation 65(2), or, as the case may be, 66(3), and it must also include— a details of the building control application in respect of which the payment under the previous levy payment certificate was received by the collecting authority, b details of each levy payment certificate, including the amount specified in the certificate, c details of the amount of any payment previously made in relation to the building control application under regulations 65 and 66 , d a statement of— i if ordinary residential dwellings are provided or would be provided as a result of the relevant work to which the building control application relates, the number of those dwellings, ii if the relevant work relates to purpose-built student accommodation, the number of bedspaces contained in that accommodation, and iii if the relevant work also relates to dwellings that are within any of paragraphs (a) to (c) of regulation 8(1), the number of those dwellings, and e the date on which the revised levy payment certificate is given. 9 In this regulation— “completion certificate”,“ condition H work ”, “ condition I work ”, “ condition J work ” and “ condition K work ” have the meanings given in regulation 66 ; “ part lapse work ” has the meaning given in regulation 66 ; “ refund application ” has the meaning given in regulation 66 ; “ relevant work ” means— in a case to which condition E or paragraph (11)(d)(iii), (e)(iii) or (f)(iii) of regulation 66 applies, the remaining work; in a case to which condition G or paragraph (11)(d)(ii), (e)(ii) or (f)(ii) of regulation 66 applies, the part of the original work in respect of which a final certificate has been accepted or, as the case may be, a completion certificate has been given, where the original work means the building work described in the building control application referred to in regulation 66 (1) ; “ remaining work ” means the original work ignoring the part lapse work, condition H work, condition I work, condition J work or, as the case may be, condition K work, where the original work means the building work described in the building control application referred to in regulation 66 (1) . Part 11 PAYMENT OF RECEIPTS TO THE SECRETARY OF STATE Provision of payment information to the Secretary of State 68 1 A collecting authority must prepare a building safety levy return for each financial quarter. 2 A building safety levy return relating to a financial quarter must be provided to the Secretary of State within 30 days of the end of that quarter. 3 A building safety levy return must include the following information— a the total of the notified building safety levy amounts, for the financial quarter, charged at the area rate shown in column 2 of the table in Schedule 3; b the total of the notified building safety levy amounts, for the financial quarter, charged at the area rate shown in column 3 of the table in Schedule 3; c the total of the notified building safety levy amounts, for all preceding financial quarters, charged at the area rate shown in column 2 of the table in Schedule 3, excluding— i amounts stated in levy liability notices that were given but subsequently cancelled whether in the financial quarter to which the return relates or a preceding financial quarter, and ii amounts paid in respect of building safety levy in the current and all preceding quarters; d the total of the notified building safety levy amounts, for all preceding financial quarters, charged at the area rate shown in column 3 of the table in Schedule 3, excluding— i amounts stated in levy liability notices that were given but subsequently cancelled whether in the financial quarter to which the return relates or a preceding financial quarter, and ii amounts paid in respect of building safety levy in the current and all preceding quarters; e the total amount of payments in respect of building safety levy made to the collecting authority during the financial quarter; f the total number of payments made by the collecting authority, during the financial quarter, under regulations 65 and 66 and the total amount of those payments; g the total amount of administrative expenses, as defined in regulation 69 , incurred by the collecting authority during the financial quarter; h the total amount in respect of building safety levy to be paid by the collecting authority to the Secretary of State in relation to the financial quarter; i the total number of levy information spot checks carried out in the financial quarter and the number of those spot checks to which regulation 51 applies. 4 In this regulation, a “notified building safety levy amount” for a financial quarter is an amount of building safety levy stated in a levy liability notice that— a is given by the collecting authority during the financial quarter, and b is not cancelled before the end of that financial quarter. Payment and deduction of administrative expenses 69 1 The collecting authority must, in respect of each financial quarter, pay an amount equal to the levy balance for that quarter to the Secretary of State within 42 days of the end of that quarter. 2 To determine the levy balance for a financial quarter, take the following steps— Step 1 Calculate the total amount of payments in respect of building safety levy received by the collecting authority during that quarter. Step 2 Deduct the following from the amount determined under Step 1— the administrative expenses of the collecting authority during the financial quarter, and the total amount of payments made by the collecting authority, during the financial quarter, under regulations 65 and 66 . Step 3 If the levy balance for the immediately preceding financial quarter was a negative amount, deduct the amount of the deficit from the result given after Steps 1 and 2. 3 If the levy balance for a financial quarter is a negative amount, paragraph (1) does not apply in respect of that financial quarter. 4 In this regulation, “administrative expenses” are the aggregate amount incurred by a collecting authority, in its capacity as collecting authority, on the following— a employing staff, or engaging contractors, to work on or assist with the collection, administration and enforcement of the building safety levy; b costs of acquiring, developing, joining and using systems and services, including electronic or online systems and services, to be used in relation to the collection, administration and enforcement of the building safety levy; c office costs incurred in relation to the collection, administration and enforcement of the building safety levy, including the cost of providing office equipment, stationery, and email, messaging and telephone services; d costs of maintaining office equipment, systems or services referred to in sub-paragraph (b) and (c), including any specialist advice required to do so; e costs, including rent, facilities management and provision of utility services, payable in relation to office accommodation used by the staff referred to in sub-paragraph (a), and for space occupied by the equipment, systems and services referred to in sub-paragraphs (b) and (c); f costs associated with legal proceedings in connection with the building safety levy; g any other amounts for which the collecting authority is legally liable in connection with the building safety levy. Reimbursement by the Secretary of State 70 1 This regulation applies if a collecting authority’s levy balance is a negative amount for the financial quarter ending on the last day of March in any year. 2 The Secretary of State must make a payment to the collecting authority of an amount equal to the amount of the deficit. 3 For the purposes of Step 3 in regulation 69 (2) , the levy balance for that financial quarter is treated as being nil. Part 12 DECISIONS OF COLLECTING AUTHORITY: REVIEWS AND APPEALS Request for a review 71 1 The named client in relation to a building control application may request a review of— a a decision by the collecting authority to give a levy liability notice under regulation 37 or its determination of the levy liability amount specified in such a notice; b a decision by the collecting authority to revise a levy liability notice under regulation 53 , regulation 54 or regulation 67 or its determination of the new levy liability amount specified in such a notice; c a decision by the collecting authority to refuse to issue a refund under regulation 65 or 66 or its determination of a refund amount under those provisions. 2 The request must be made to the collecting authority before the end of the period of 28 days beginning with the day on which the levy liability notice or the revision to the levy liability notice referred to in paragraph (1) , or a decision under paragraph (1)(c) is given. 3 The request must include the following information— a the contact information for the named client, b information identifying the building control application, or, in the case of an updated application, the original application and all of the related variation applications, to which the levy liability notice or, as the case may be, the revision to the levy liability notice relates, c information identifying the levy liability notice or, as the case may be, the revision to the levy liability notice, d where the request is in relation to a decision under regulation 65 , 66 or 67 , information identifying the levy payment certificate in relation to the building control application, and e the reason for requesting a review. 4 The request may include, or be accompanied by, such other information as the named client considers relevant for the purposes of determining the amount of a refund or the amount of building safety levy chargeable in relation to the building control application whether or not that information was available at the time the application was made. 5 A person may not request a review of the decision reached on an earlier review, but this does not prevent a review of a decision in relation to an updated application where a review has been carried out in relation to the original application or another updated application in relation to that original application. Carrying out a review 72 1 If a request for a review is made in accordance with regulation 71 , the collecting authority must review the decision. 2 The review referred to in paragraph (1) must be carried out by a person senior to the person making the original decision and who had no involvement with the original decision. 3 In making a decision on a review under regulation 71 (1) (a) or (b) , the collecting authority may— a confirm the levy liability amount specified in a levy liability notice or a revision to a levy liability notice, or b either— i calculate a revised levy liability amount in relation to the building control application, or ii determine that no building safety levy is chargeable in relation to the building control application. 4 In making a decision on a review under regulation 71 (1) (c) the collecting authority may— a confirm the refund amount, b calculate a new refund amount under regulation 65 or 66 in relation to the building control application, or c determine or confirm that no refund is payable in relation to the building control application. 5 Before the end of the period of 28 days beginning with the date on which the request for review is received, the collecting authority must notify the named client of its decision on the review and the reasons for that decision, and regulations 37, 53, 54, 65, 66 or, as the case may be, 67 apply to the new decision as they applied to the original decision. Appeal against decision on a review 73 1 A person who has requested a review under regulation 71 may appeal to the First-tier Tribunal— a against the collecting authority’s decision on the review; b if the collecting authority fails to notify the person of the decision on the review within the period specified in regulation 72 (5) , against the decision or determination to which the review relates. 2 An appeal may not be made after the end of period of 28 days beginning with the day after— a the day on which the collecting authority notifies the person of the decision under regulation 72 (5) , or b in a case within paragraph (1) (b) , the day on which the period specified in regulation 72 (5) expires. 3 The grounds on which an appeal may be made are that— a the decision was based on an error of fact, or b the decision was wrong in law. 4 On an appeal the First-tier Tribunal may— a confirm the decision of the collecting authority, or b substitute for that decision another decision (the “new decision”) as to the amount of building safety levy chargeable in relation to the building control application or refund amount in relation to the application. 5 Where the First-tier Tribunal substitutes a decision under paragraph (4) (b) , then regulations 37, 53, 54, 65, 66 or, as the case may be, 67 apply to the new decision as they applied to the original decision. Part 13 SECRETARY OF STATE REVIEW OF REGULATIONS Secretary of State review of building safety levy 74 1 The Secretary of State must carry out reviews of— a the operation of these Regulations, and b the area rates specified in Schedule 3 . 2 After each review, the Secretary of State must publish a report of the review. 3 The first report must be published before the end of the period of 3 years beginning with the day on which this regulation comes into force. 4 Subsequent reports must be published at intervals not exceeding 3 years. Signed by authority of the Secretary of State for Housing, Communities and Local Government Samantha Dixon Parliamentary Under Secretary of State for Building Safety, Fire and Democracy Ministry of Housing, Communities and Local Government 19th November 2025 Schedules Schedule 1 Exempt buildings Regulation 7(2) Exempt buildings: general 1 1 A building is an “exempt building” if it is designed or adapted (or is in the process of being constructed or adapted) for use primarily as— a school accommodation, b a care home, c a secure residential institution or other premises for the supervision and rehabilitation of persons charged with or convicted of offences, d a hospital, e accommodation for victims of domestic abuse, f a children’s home, residential family centre or supported accommodation for children; g a hotel or hostel, h a monastery, nunnery, seminary or similar establishment, i an almshouse, or j temporary accommodation for homeless people. 2 Paragraphs 2 to 8 apply for the purposes of this paragraph . School accommodation 2 1 “ School accommodation ” means residential accommodation provided by a school for the use of its students. 2 “ School ” has the meaning given in section 4 of the Education Act 1996 . Care homes 3 “ Care home ” has the meaning given in section 3 of the Care Standards Act 2000 . Secure residential institutions 4 “ Secure residential institution ” means an institution used for the provision of secure residential accommodation, including as a prison, young offenders institution, detention centre, secure training centre, custody centre, short term holding centre or secure local authority accommodation. Hospitals 5 “ Hospital ” means an institution which— a is a hospital within the meaning of section 275 of the National Health Service Act 2006 , and b has at least one bed intended for an overnight stay of a patient admitted to the institution. Accommodation for victims of domestic abuse 6 “ Accommodation for victims of domestic abuse ” means accommodation of the description specified in regulation 2(2) of the Domestic Abuse Support (Relevant Accommodation and Housing Benefit and Universal Credit Sanctuary Schemes) (Amendment) Regulations 2021 . Children’s homes, residential family centres and supported accommodation for children 7 1 The following terms have the same meaning as in the Care Standards Act 2000 — “ children’s home ”; “ residential family centre ”. 2 “ Supported accommodation for children ” means accommodation that is within the definition of supported accommodation in regulation 2 of the Care Standards Act 2000 (Extension of the Application of Part 2 to Supported Accommodation) (England) Regulations 2022 . Temporary accommodation for homeless people 8 “ Temporary accommodation for homeless people ” means accommodation the availability for occupation of which is secured under Part 7 of the Housing Act 1996 . Schedule 2 Ordinary residential dwellings: exemptions Regulation 8(2) Part 1 Social housing “Social housing”: general 1 A dwelling is “social housing” if it satisfies at least one of conditions 1 to 4. Condition 1 2 Condition 1 is that— a the dwelling is let by a registered provider of social housing on one of the following— i a demoted tenancy, ii an introductory tenancy, iii a secure tenancy, iv an arrangement that would be a secure tenancy but for paragraph 4ZA or 12 of Schedule 1 to the Housing Act 1985 , v an assured tenancy, including an assured shorthold tenancy, vi an assured agricultural occupancy, vii an arrangement that would be an assured tenancy or an assured agricultural occupancy but for paragraph 12(1)(h) or 12ZA of Schedule 1 to the Housing Act 1988 , and b either— i the dwelling is one in relation to which the Rent Standard 2020 set under section 194(2A) of the Housing and Regeneration Act 2008 applies, or ii if sub-paragraph (i) does not apply, the rent is no more than 80% of market rent, including service charges. Condition 2 3 1 Condition 2 is that the following criteria are met— a the dwelling is occupied in accordance with shared ownership arrangements within the meaning of section 70(4) of the Housing and Regeneration Act 2008, b the percentage of the value of the dwelling paid as a premium on the day on which a lease is granted under the shared ownership arrangement does not exceed 75% of the market value (where the market value at any time is the price which the dwelling might reasonably be expected to fetch if sold at that time on the open market), c on the day on which a lease is granted under the shared ownership arrangements, the annual rent payable is not more than 3% of the value of the unsold interest, and d the restricted rent increase condition is met in respect of the lease. 2 The restricted rent increase condition is met in respect of a lease if— a the annual rent payable under the lease is not increased more than once in any 12 month period, and b if the annual rent is increased with effect from a date within that period (the “rent increase date”), either— i the percentage increase does not exceed the RPI increase for the reference period plus 0.5%, or ii the percentage increase does not exceed the CPI increase for the reference period plus 1%. 3 In sub-paragraph (2) (b) , the “ reference period ”, in relation to a rent increase date, means a period of 12 months— a beginning on the first day of a month specified in, or determined by reference to, the lease, and b ending less than 12 months before the rent increase date. 4 In this paragraph— a “ consumer prices index ” means— i the general index for consumer prices for all items published by the Statistics Board , or ii if that index is not published for a particular month, any substituted index or index figures published by the Statistics Board; b the “ CPI increase ”, in relation to a reference period, means the percentage change in the consumer prices index for the period; c “ retail prices index ” means— i the general index of retail prices for all items published by the Statistics Board, or ii if that index is not published for a particular month, any substituted index or index figures published by the Statistics Board; d the “ RPI increase ”, in relation to a reference period, means the percentage change in the retail prices index for the period. Condition 3 4 Condition 3 is that— a the dwelling is let by a person who is not a registered provider of social housing on one of the following— i an assured tenancy, including an assured shorthold tenancy; ii an assured agricultural occupancy; iii an arrangement that would be an assured tenancy or an assured agricultural occupancy but for paragraph 12(1)(h) of Schedule 1 to the Housing Act 1988; iv a demoted tenancy; v an introductory tenancy; vi a secure tenancy; vii an arrangement that would be a secure tenancy but for paragraph 4ZA or 12 of Schedule 1 to the Housing Act 1985; b the following criteria are met— i the dwelling is let to a person whose needs are not adequately served by the commercial housing market, and ii the rent is no more than 80% of market rent, including service charges, and c a planning obligation designed to ensure compliance with both criteria at sub-paragraph (b) has been entered into in respect of the planning permission which permits the building work to which the building control application relates. Condition 4 5 Condition 4 is that the following criteria are met— a the first sale of the dwelling is for no more than 70% of its market value (where the market value at any time is the price that the dwelling might reasonably be expected to fetch if sold at that time on the open market), and b a planning obligation has been entered into prior to the first sale of the dwelling designed to ensure that any subsequent sale of the dwelling is for no more than 70% of its market value. Definitions 6 In this Part of this Schedule— “ assured agricultural occupancy ”, “ assured shorthold tenancy ” and “ assured tenancy ” have the same meanings as in Part 1 of the Housing Act 1988 ; “ demoted tenancy ” means a tenancy to which section 20B of the Housing Act 1988 or section 143A of the Housing Act 1996 applies; “ introductory tenancy ” has the same meaning as in Chapter 1 of Part 5 of the Housing Act 1996 ; “ market rent ” means the rent which the lease might reasonably be expected to fetch at that time on the open market; “ planning obligation ”means an obligation under section 106 of TCPA 1990; “ secure tenancy ” has the same meaning as in Part 4 of the Housing Act 1985 ; “ unsold interest ” means the freehold interest or the leasehold interest owned by the person providing the dwelling. Part 2 Supported housing Supported housing 7 1 Each of the following is “supported housing”— a accommodation which is provided by a body listed in sub-paragraph (2) where that body, or a person acting on its behalf, also provides a person resident in the accommodation with care, support or supervision; b accommodation— i which is provided by a body listed in sub-paragraph (2), ii into which people are admitted in order to meet a need for care, support or supervision, and iii where that person receives care, support or supervision. 2 For the purposes of sub-paragraph (1) the bodies are— a a local authority, b a housing association, c registered charity, or d a voluntary organisation, 3 In this paragraph— “ housing association ” has the meaning given by section 1 of the Housing Associations Act 1985 ; “ registered charity ” means a charity registered under the Charities Act 2011 . Part 3 Exempt accommodation 8 1 “ Exempt accommodation ” means— a school accommodation, b accommodation for victims of domestic abuse, c supported accommodation for children, d temporary accommodation for homeless people, or e accommodation provided in— i a care home, ii a secure residential institution or other premises for the supervision and rehabilitation of persons charged with or convicted of offences, iii a hospital, iv a children’s home or residential family centre, v a hotel or hostel, vi a monastery, nunnery, seminary or similar establishment, or vii an almshouse. 2 Terms used in sub-paragraph (1) have the same meaning as in Schedule 1. Schedule 3 Area Rates Regulation 20 Table 1 Local authority area Previously developed land area rate (£) Non-previously developed land area rate (£) Adur 19.45 38.91 Amber Valley 10.56 21.12 Arun 17.73 35.47 Ashfield 9.69 19.38 Ashford 16.99 33.98 Babergh 14.63 29.26 Barking and Dagenham 21.23 42.47 Barnet 31.68 63.35 Barnsley 8.30 16.60 Basildon 18.02 36.04 Basingstoke and Deane 19.10 38.20 Bassetlaw 8.97 17.93 Bath and North East Somerset 19.60 39.20 Bedford 17.11 34.23 Bexley 24.00 48.00 Birmingham 14.62 29.23 Blaby 14.23 28.47 Blackburn with Darwen 7.28 14.55 Blackpool 7.78 15.57 Bolsover 9.60 19.20 Bolton 10.07 20.15 Boston 10.50 21.00 Bournemouth, Christchurch and Poole 17.65 35.29 Bracknell Forest 19.88 39.76 Bradford 8.73 17.45 Braintree 16.56 33.12 Breckland 12.21 24.42 Brent 32.35 64.69 Brentwood 23.29 46.58 Brighton and Hove 24.80 49.60 Bristol, City of 21.48 42.97 Broadland 14.95 29.89 Bromley 24.81 49.63 Bromsgrove 17.24 34.48 Broxbourne 20.35 40.70 Broxtowe 12.95 25.90 Buckinghamshire 19.39 38.78 Burnley 6.80 13.60 Bury 12.14 24.29 Calderdale 8.06 16.12 Cambridge 25.44 50.87 Camden 43.56 87.12 Cannock Chase 12.78 25.57 Canterbury 18.19 36.38 Castle Point 16.85 33.70 Central Bedfordshire 17.00 34.01 Charnwood 13.56 27.12 Chelmsford 18.16 36.32 Cheltenham 15.67 31.35 Cherwell 16.78 33.56 Cheshire East 12.39 24.77 Cheshire West and Chester 12.42 24.85 Chesterfield 9.38 18.75 Chichester 19.99 39.98 Chorley 10.14 20.27 City of London 43.52 87.04 Colchester 16.37 32.74 Cornwall 14.79 29.58 Cotswold 20.55 41.10 County Durham 6.35 12.70 Coventry 13.79 27.58 Crawley 20.70 41.40 Croydon 26.01 52.03 Cumberland 7.31 14.63 Dacorum 24.10 48.19 Darlington 7.69 15.38 Dartford 18.64 37.28 Derby 11.21 22.42 Derbyshire Dales 14.51 29.02 Doncaster 8.66 17.32 Dorset 17.24 34.48 Dover 15.19 30.38 Dudley 14.09 28.17 Ealing 33.24 66.47 East Cambridgeshire 13.28 26.57 East Devon 17.03 34.06 East Hampshire 20.09 40.18 East Hertfordshire 20.98 41.95 East Lindsey 10.07 20.14 East Riding of Yorkshire 9.92 19.85 East Staffordshire 10.87 21.75 East Suffolk 13.99 27.97 Eastbourne 18.80 37.61 Eastleigh 16.97 33.95 Elmbridge 21.08 42.17 Enfield 22.06 44.13 Epping Forest 23.09 46.18 Epsom and Ewell 28.31 56.62 Erewash 11.86 23.72 Exeter 16.17 32.35 Fareham 18.03 36.05 Fenland 10.62 21.23 Folkestone and Hythe 15.04 30.07 Forest of Dean 14.83 29.66 Fylde 10.88 21.77 Gateshead 7.97 15.93 Gedling 11.78 23.56 Gloucester 14.42 28.83 Gosport 16.19 32.37 Gravesham 18.23 36.46 Great Yarmouth 11.12 22.24 Greenwich 27.16 54.33 Guildford 23.07 46.15 Hackney 35.75 71.51 Halton 10.52 21.04 Hammersmith and Fulham 45.94 91.87 Harborough 14.74 29.47 Haringey 33.33 66.66 Harlow 19.87 39.75 Harrow 29.94 59.88 Hart 23.06 46.13 Hartlepool 6.41 12.82 Hastings 15.11 30.21 Havant 17.41 34.83 Havering 23.84 47.68 Herefordshire, County of 13.47 26.94 Hertsmere 23.69 47.37 High Peak 13.72 27.43 Hillingdon 27.33 54.66 Hinckley and Bosworth 13.39 26.79 Horsham 20.79 41.57 Hounslow 29.15 58.29 Huntingdonshire 14.56 29.12 Hyndburn 7.41 14.83 Inner Temple 43.52 87.04 Ipswich 12.79 25.58 Isle of Wight 14.71 29.42 Isles of Scilly 14.79 29.58 Islington 39.52 79.04 Kensington and Chelsea 50.17 100.35 King's Lynn and West Norfolk 10.58 21.16 Kingston upon Hull, City of 8.29 16.58 Kingston upon Thames 28.84 57.68 Kirklees 8.44 16.88 Knowsley 9.95 19.91 Lambeth 30.77 61.54 Lancaster 10.22 20.44 Leeds 12.29 24.57 Leicester 13.64 27.29 Lewes 20.07 40.13 Lewisham 27.42 54.84 Lichfield 15.29 30.58 Lincoln 11.06 22.12 Liverpool 10.81 21.61 Luton 19.22 38.44 Maidstone 17.58 35.15 Maldon 16.90 33.81 Malvern Hills 14.78 29.56 Manchester 14.22 28.44 Mansfield 9.12 18.23 Medway 16.12 32.24 Melton 11.96 23.93 Merton 29.51 59.02 Mid Devon 13.49 26.98 Mid Suffolk 14.26 28.53 Mid Sussex 20.12 40.23 Middle Temple 43.52 87.04 Middlesbrough 6.80 13.59 Milton Keynes 15.32 30.63 Mole Valley 22.50 44.99 New Forest 18.51 37.01 Newark and Sherwood 11.58 23.16 Newcastle upon Tyne 9.85 19.71 Newcastle-under-Lyme 9.89 19.79 Newham 23.61 47.23 North Devon 14.42 28.84 North East Derbyshire 11.07 22.14 North East Lincolnshire 6.88 13.76 North Hertfordshire 18.45 36.90 North Kesteven 11.65 23.29 North Lincolnshire 8.48 16.95 North Norfolk 14.22 28.44 North Northamptonshire 12.98 25.97 North Somerset 16.09 32.18 North Tyneside 10.22 20.45 North Warwickshire 12.26 24.51 North West Leicestershire 11.28 22.55 North Yorkshire 12.44 24.88 Northumberland 8.39 16.77 Norwich 15.31 30.63 Nottingham 11.77 23.55 Nuneaton and Bedworth 12.14 24.28 Oadby and Wigston 12.76 25.52 Oldham 10.27 20.53 Oxford 23.62 47.24 Pendle 6.55 13.11 Peterborough 13.36 26.73 Plymouth 12.06 24.13 Portsmouth 15.52 31.05 Preston 7.59 15.19 Reading 21.89 43.77 Redbridge 28.51 57.02 Redcar and Cleveland 8.19 16.39 Redditch 14.76 29.51 Reigate and Banstead 21.88 43.76 Ribble Valley 12.16 24.32 Richmond upon Thames 36.60 73.20 Rochdale 11.47 22.95 Rochford 18.21 36.42 Rossendale 8.75 17.51 Rother 16.95 33.91 Rotherham 9.11 18.22 Rugby 14.09 28.19 Runnymede 22.86 45.71 Rushcliffe 14.61 29.23 Rushmoor 19.41 38.81 Rutland 15.59 31.17 Salford 15.18 30.35 Sandwell 12.46 24.92 Sefton 10.83 21.66 Sevenoaks 21.08 42.15 Sheffield 11.88 23.76 Shropshire 12.34 24.68 Slough 21.41 42.83 Solihull 17.56 35.12 Somerset 14.23 28.45 South Cambridgeshire 18.98 37.95 South Derbyshire 11.23 22.46 South Gloucestershire 17.77 35.54 South Hams 15.71 31.42 South Holland 11.39 22.79 South Kesteven 12.24 24.47 South Norfolk 14.42 28.84 South Oxfordshire 21.18 42.37 South Ribble 10.06 20.13 South Staffordshire 14.77 29.53 South Tyneside 8.23 16.45 Southampton 16.13 32.27 Southend-on-Sea 19.12 38.24 Southwark 28.47 56.93 Spelthorne 25.81 51.62 St Albans 24.77 49.55 St. Helens 10.37 20.73 Stafford 12.29 24.58 Staffordshire Moorlands 11.05 22.09 Stevenage 21.73 43.46 Stockport 15.34 30.69 Stockton-on-Tees 7.35 14.70 Stoke-on-Trent 8.28 16.56 Stratford-on-Avon 16.03 32.05 Stroud 15.75 31.50 Sunderland 7.13 14.26 Surrey Heath 23.39 46.78 Sutton 27.52 55.03 Swale 15.86 31.72 Swindon 13.53 27.06 Tameside 11.90 23.80 Tamworth 11.92 23.84 Tandridge 22.00 44.00 Teignbridge 14.89 29.78 Telford and Wrekin 12.18 24.37 Tendring 12.40 24.80 Test Valley 18.17 36.34 Tewkesbury 16.00 32.01 Thanet 15.78 31.56 Three Rivers 27.20 54.39 Thurrock 19.31 38.62 Tonbridge and Malling 21.06 42.12 Torbay 13.26 26.52 Torridge 13.86 27.73 Tower Hamlets 30.60 61.20 Trafford 19.92 39.83 Tunbridge Wells 19.62 39.25 Uttlesford 18.12 36.25 Vale of White Horse 18.51 37.01 Wakefield 10.04 20.08 Walsall 12.74 25.47 Waltham Forest 29.98 59.97 Wandsworth 34.25 68.50 Warrington 12.94 25.88 Warwick 17.82 35.65 Watford 25.14 50.29 Waverley 22.43 44.85 Wealden 17.88 35.77 Welwyn Hatfield 22.79 45.57 West Berkshire 19.95 39.90 West Devon 14.80 29.61 West Lancashire 10.53 21.06 West Lindsey 9.29 18.58 West Northamptonshire 13.84 27.69 West Oxfordshire 17.54 35.08 West Suffolk 14.82 29.64 Westminster 49.01 98.01 Westmorland and Furness 9.90 19.79 Wigan 10.11 20.22 Wiltshire 15.80 31.61 Winchester 21.63 43.26 Windsor and Maidenhead 21.09 42.17 Wirral 11.12 22.23 Woking 24.27 48.54 Wokingham 22.49 44.98 Wolverhampton 12.21 24.41 Worcester 14.87 29.74 Worthing 18.66 37.33 Wychavon 16.52 33.05 Wyre 8.93 17.86 Wyre Forest 13.27 26.55 York 15.81 31.61 Schedule 4 Named client Regulation 23 Named client in relation to building control applications with full plans or related updated application 1 1 This paragraph applies in relation to a building control application which is— a an application for building control approval with full plans, or b an updated application in relation to an application for building control approval with full plans. 2 Except where sub-paragraph (3) applies, the named client is— a the person named in the relevant application as the client under regulation 14(1)(b) of the 2010 Regulations, or b if no person is named in the relevant application under regulation 14(1)(b), the applicant named under regulation 14(1)(a) of the 2010 Regulations. 3 If, after the relevant application is made, a person gives notice to a local authority or the regulator under regulation 11O(2) of the 2010 Regulations in relation to the building work to which the application relates, the named client is— a the person named as the new client in that notice, or b if more than one notice is given, the person named as the new client in the latest of those notices. 4 For the purposes of sub-paragraph (3) , “ relevant application ” means— a in a case within sub-paragraph (1) (a) , references to the application for building control approval with full plans, and b in a case within sub-paragraph (1) (b) , references to the variation application in relation to the updated application. Named client in relation to initial notice or related updated application 2 1 This paragraph applies in relation to a building control application which is— a an initial notice, or b an updated application in relation to an initial notice. 2 The named client is— a the person named as the client under paragraph 3 of Form 1 (as read with note (4)) or paragraph 3 of Form 4 (as read with note (5)) in Schedule 1 to the RBCA Regulations, b if paragraph 1(j) of the Annex to Form 2 in Schedule 1 to the RBCA Regulations applies, the person named as the named client in the building safety levy information provided with an amendment notice whether or not the amendment notice is rejected, c if regulation 15(2B) of the RBCA Regulations applies, the person named as the named client in the statement required by that regulation whether or not the notice under regulation 15(2) of the RBCA Regulations is rejected, d if a levy update notice is given in relation to the initial notice, the person named as the named client in that notice, e if paragraph 16 of Form 5 in Schedule 1 to the RBCA Regulations requires details of the client to be provided, the person named as the client in the final certificate whether or not the final certificate is rejected, f if a notice is given under section 51C of the 1984 Act by a person who now proposes to carry out the work, the person named as the client under paragraph 2 of Form 8 (as read with note (2)) in Schedule 1 to the RBCA Regulations, g if a notice has been given under sub-paragraph (3), the person named as the named client in that notice, or h if more than one notice or certificate referred to in paragraph (b) to (g) has been given, the person named as the new client in the latest of those notices or certificates. 3 If a new person (NP) becomes the client in relation to building work to which a building control application referred to in sub-paragraph (1) relates, then NP may give a notice, signed by them, to the collecting authority which— a states that the person giving the notice is now the named client in relation to the building control application; b identifies the building control application to which the notice relates; c sets out the contact information for the new named client. 4 In sub-paragraphs (2)(f) and (3), “ the client ” has the meaning given in regulation 2 of the 2010 Regulations. Named client in relation to higher-risk building application or related updated application 3 1 This paragraph applies in relation to— a a building control application which is a higher-risk building application, and b an updated application in relation to a higher-risk building application. 2 Except where sub-paragraph (3) applies, the named client is— a in the case of a building control approval application for HRB work, the person named as the client under regulation 4(1)(a) of the HRB Regulations, b in the case of a building control approval application for a stage of HRB work, the person named as the client under regulation 4(1)(a) and (3)(a) of the HRB Regulations, c in the case of a building control approval application for work to existing HRB, the person named as the client under regulation 12(1)(a) of the HRB Regulations, or d in the case of an updated application, the person named as the client under regulation 21(1)(a) of the HRB Regulations. 3 If a person gives notice to the regulator under regulation 27(2) of the HRB Regulations in relation to the building work to which the application relates, the named client is— a the person named as the new client in that notice, or b if more than one notice is given, the person named as the new client in the latest of those notices. Schedule 5 RBCA Regulations: substituted forms Regulations 29, 44 and 60 The following Forms 1, 2, 4 and 5 are substituted for the corresponding forms in Schedule 1 to the RBCA Regulations. Explanatory Note (This note is not part of the Regulations) These Regulations make provision for the imposition of a Building Safety Levy (“the levy”) by reference to building control applications. These Regulations provide for who is liable to pay the levy, how it is to be calculated, when it is to be paid, and how the revenue collected is passed to the Secretary of State. They also set out the consequences for failure to provide information for the purpose of the levy and for failure to pay the levy. “Collecting authorities” are responsible for collecting and administering the levy. Regulation 4 designates local authorities as collecting authorities and provides how to identify the relevant collecting authority for a building control application. Regulation 2, Part 3 and Schedules 1 and 2 set out definitions and interpretative provisions in relation to key concepts in these Regulations. Part 4 and Schedule 3 make provision about when the levy charge arises, and how the charge is calculated. Regulation 15 provides that a levy charge will arise on a building control application for building work which creates or increases residential floorspace (Part 3 makes provision about “residential floorspace”) and which, either on its own or taken together with other development subject to a planning permission, provides at least 10 dwellings or at least 30 bedspaces in purpose-built student accommodation. The levy charge will not arise if the person who is liable to pay the levy (“the named client”) is exempt (regulation 13). Regulation 16 provides that the amount charged is calculated by reference to the chargeable floorspace (as set out in regulations 17 to 19, with again relevant provision made in Part 3) multiplied by the applicable area rate. Regulations 20 and 21 provide that the applicable area rate will be that set out in Schedule 3 in relation to the relevant collecting authority; different rates apply to work on previously developed sites. Part 5 makes provision about the payment of the levy. Regulations 22 and 23 and Schedule 4 identify the named client. Regulation 24 provides that the levy is to be paid by the date of the first completion notice or first date of occupation, whichever is earliest. Part 6 amends the Building Regulations 2010 ( S.I. 2010/2214 ), the Building (Registered Building Control Approvers etc.) (England) Regulations 2024 ( S.I. 2024/110 , “ the RBCA Regulations ”) and the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 ( S.I. 2023/909 , “ the HRB Regulations ”) to require that information related to the levy is to be included in certain applications and notices made to the local authority, to the registered building control approver or to the building safety regulator (“the regulator”) (regulations 25 to 31). If the required levy information is not included in an initial notice, amendment notice or a plans certificate combined with an initial notice, those notices must be rejected (regulation 29(6) and Schedule 5). If required information is not included in an application for approval with full plans or a higher-risk building application, the Building Regulations 2010 and HRB Regulations respectively provide that the relevant authority may reject the application. Regulations 32 and 33 also make provision for information to be shared by the regulator with the collecting authority, where the regulator receives an application or a commencement notice that includes levy information. Regulation 34 provides that the regulator is to inform the collecting authority when they receive notification of a change of named client. Regulation 35 requires a collecting authority to confirm to the regulator that it has received levy evidence from a named client within 10 working days where that is required. Part 7 makes provision about how and when the collecting authority must determine if the application is chargeable, calculating the levy charge and issuing levy determination notices: where the application is chargeable, the notice is a “ levy liability notice ” (regulation 39) and where it is not, the notice is a “ notice of no charge ” (regulation 40). Part 8 makes provision about the effect of further building control applications and the provision for information and assessment of the levy in these circumstances. Part 9 makes provision about spot checks by the collecting authority to assess the accuracy of levy information (regulations 46 to 51). Part 9 also makes provision for revised levy determination if a named client updates the levy information where they become, or cease to be, an exempt person or any of the dwellings become, or cease to be, exempt (regulations 52 and 53). A named client may also request a revised levy determination in certain circumstances, including where part of the building control approval to which the levy liability relates has lapsed (regulation 54). Part 10 provides that a collecting authority is to give a certificate when the levy is paid (regulations 55 and 56). Part 10 also amends the Building Regulations 2010, the RBCA Regulations and the HRB Regulations to require that information related to levy liability and payment is to be included in certain notices and declarations made to the local authority, to the registered building control approver or to the regulator (regulations 57, 59 and 61). Regulation 58 amends the Building Regulations 2010 to provide that the completion certificate must be withheld unless there is confirmation pursuant to regulation 63 that the levy liability has been paid or no levy is payable. Regulation 60 (and Schedule 5) amends the RBCA Regulations to provide that the final certificate must be rejected unless there is such confirmation. Regulation 62 amends the HRB Regulations to provide that the completion certificate application must be rejected unless there is such confirmation. Regulation 64 provides that the Secretary of State, when determining an application for a completion certificate, must also reject it unless there is such a confirmation. Provision is also made for refunds (Chapter 4). Regulation 65 provides that a refund is payable where, following a variation application, a levy update notice, a review or an appeal, the levy liability has been found to be lower than the levy payment made. Regulation 66 provides that the named client may apply for a refund where certain conditions are met, including where part of the building control approval to which the levy liability relates has lapsed. Regulation 67 makes provision about related notice requirements. Part 11 makes provision for collecting authorities to pay levy receipts, less an amount for administrative expenses, to the Secretary of State within 42 days of the end of the relevant financial quarter (regulation 69) and provide a return within 30 days of the end of the relevant financial quarter (regulation 68). Regulation 70 makes provision for the Secretary of State to make a payment if a collecting authority’s balance is negative at the end of any financial year. Part 12 makes provision for reviews of decisions relating to levy charges and refunds (regulations 71 and 72), and subsequent appeals to the First-tier Tribunal (regulation 73). Part 13 contains a review clause (regulation 74). An impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is published with an Explanatory Memorandum alongside the instrument on www.legislation.gov.uk and is available for inspection during office hours at the Ministry of Housing, Communities and Local Government, 2 Marsham Street, London, SW1P 4DF. 1984 c. 55 . Section 51A was inserted by S.I. 1996/1905 . Sections 105C and 120A were inserted by section 58 of, and paragraph 77 of Schedule 5 to, the Building Safety Act 2022 (c. 30) respectively. Section 120B was inserted by paragraph 77 of Schedule 5 to that Act. Section 51(2) applies the powers in section 50(5) to (7) to final certificates. Section 51A(6) applies the powers in section 47(5) to amendment notices. See section 105C(11) for the definition of “specified” and section 126 for the definition of “prescribed”. S.I. 2010/2214 , as amended by S.I. 2012/3119 , 2016/285 , 2022/564 , 2023/520 , 2023/911 and 2024/110 . There are other amending instruments, but none is relevant to this instrument. Regulation 17A is inserted into the HRB Regulations by regulation 31 of this instrument. Regulation 14ZA is inserted into the 2010 Regulations by regulation 27 of this instrument. See section 47 of the 1984 Act. Forms 1 and 4 of Schedule 1 to the RBCA Regulations are substituted by regulation 29 of this instrument. Section 51A of the 1984 Act which was inserted by S.I. 1996/1905 . Form 2 of Schedule 1 to the RBCA Regulations is substituted by regulation 44 of this instrument. 1990 c. 8 . Section 55 was amended by sections 13 and 14 of, and Schedules 6 and 19 to, the Planning and Compensation Act 1991 (c. 34) ; section 49 of, and Schedules 6 and 9 to, the Planning and Compulsory Purchase Act 2004 (c. 5) , and S.I. 1999/293 . S.I. 2023/909 , to which there are amendments not relevant to these Regulations. Regulation 17B is inserted into the HRB Regulations by regulation 31 of this instrument. Regulation 16A is inserted into the 2010 Regulations by regulation 28 of this instrument. Regulation 15A is inserted into the RBCA Regulations by regulation 29 of this instrument. 1990 c. 8 . The definition of “planning permission” is amended by Schedule 19 to the Planning and Compensation Act 1991 (c. 34) , paragraph 40(3) of Schedule 12 to the Housing and Planning Act 2016 (c. 22) and paragraph 10(b) of Schedule 10 to the Levelling-up and Regeneration Act 2023 (c. 55) . S.I. 2024/110 , to which there are amendments not relevant to these Regulations. Section 91ZB was inserted by section 32(3) of the Building Safety Act 2022. See section 121A of the 1984 Act, which was inserted by section 32 of the 2022 Act, for the definition of “building control authority”. 1971 c. 80 . See regulation 2 of those Regulations. See regulation 2 of those Regulations. See section 126 of the 1984 Act for the definition of “local authority” which was substituted by paragraph 14(4) of Schedule 7 to the Local Government Act 1985 (c. 51) . There are other amendments to section 126 not relevant to this instrument. Regulation 14 was substituted by S.I. 2023/911 . 2004 c. 8 . See section 11 for the definition of “qualifying institution”. Section 11 is amended by section 89(2) of the Consumer Rights Act 2015 (c. 15) and section 89(2) of the Higher Education and Research Act 2017 (c. 29) . The Code of Measuring Practice (6th edition) was published by the Royal Institution of Chartered Surveyors in May 2015. The Code is available at https://www.rics.org/profession-standards/rics-standards-and-guidance/sector-standards/real-estate-standards/code-of-measuring-practice and is also available for inspection during office hours at the Ministry of Housing, Communities and Local Government, 2 Marsham Street, London, SW1P 4DF. By virtue of Schedule 1 to the Interpretation Act 1978 (c. 30) see section 80 of the Housing and Regeneration Act 2008 (c. 17) for the meaning of “registered provider of social housing” and section 115 of that Act for what is meant by “ non-profit ” in relation to such providers. Section 80 was amended by S.I. 2010/844 . Section 115 was amended by paragraph 23 of Schedule 4 to the Housing and Planning Act 2016 (c. 22) , section 8 of, and paragraph 2 of Schedule 4 to, the Social Housing (Regulation) Act 2023 (c. 36) and S.I. 2010/844 . Regulation 46A was inserted into the 2010 Regulations by S.I. 2023/911 . Section 53A was inserted into the 1984 Act by section 36(7) of the Building Safety Act 2022 (c. 30) . Regulation 16(3C) was inserted into the 2010 Regulations by S.I. 2023/911 . 2008 c. 29 . S.I. 2015/596 , which has been amended by S.I. 2016/332 , 2016/765 , 2016/772 , 2016/1040 , 2016/1154 , 2017/391 , 2017/571 , 2017/619 , 2017/1011 , 2017/1012 , 2018/119 , 2018/343 , 2018/695 , 2019/907 , 2020/330 , 2020/412 , 2020/632 , 2020/755 , 2020/756 , 2020/1243 , 2020/1459 , 2021/428 , 2021/467 , 2021/814 , 2021/1464 , 2022/278 , 2023/747 , 2023/1279 and 2024/141 . For the definition of “registered building control approver” see section 58N of the 1984 Act which was inserted by section 42 of the Building Safety Act 2022. Regulation 14A was inserted by S.I. 2023/911 . Regulation 16(3CA) is inserted by regulation 28 of this instrument. Regulation 16(3E) was inserted by S.I. 2023/911 . Regulation 11O was inserted by S.I. 2023/911 . Section 51A was substituted by section 46(2) of the Building Safety Act 2022. Section 51B(1) was substituted by paragraph 43 of Schedule 5 to the Building Safety Act 2022. Regulations 17A and 17B are inserted into the HRB Regulations by regulation 31 of this instrument. Regulation 16(3CA) is inserted into the 2010 Regulations by regulation 28 of this instrument. Regulations 9(3A) and 17(3A) are inserted into the HRB Regulations by regulation 30 of this instrument. Regulation 15(2A) is inserted into the RBCA Regulations by regulation 29 of this instrument. Regulation 14(5) and (6) were inserted into the 2010 Regulations by regulation 26 of this instrument. Regulation 21(3) and (4) were inserted into the HRB Regulations by regulation 45 of this instrument. Form 2 was substituted in Schedule 1 to the RBCA Regulations by regulation 44 of this instrument. Regulation 14(1)(h) was inserted into the 2010 Regulations by regulation 26 of this instrument. Regulation 21(2)(g) was inserted into the HRB Regulations by regulation 45 of this instrument. Section 32 was substituted and section 53A was inserted into the 1984 Act by section 36 of the Building Safety Act 2022. Section 50(5) to (7) of the 1984 Act, as applied to final certificates by section 51(2), sets out when a final certificate is accepted. See section 51 of the 1984 Act for the definition of “final certificate”. Section 50(5) to (7) of the 1984 Act, as applied to final certificates by section 51(2), sets out when a final certificate is accepted. Section 52A was inserted into the 1984 Act by S.I. 1996/1905 and substituted by section 46(3) of the Building Safety Act 2022. See section 121A of the 1984 Act for the definition of building control authority. Section 121A was inserted by section 32(4) of the Building Safety Act 2022. Sections 91ZA and 91ZB were inserted into the 1984 Act by section 32(3) of the Building Safety Act 2022. Section 53D was inserted into the 1984 Act by section 51(2) of the Building Safety Act 2022. Regulation 16A is inserted into the 2010 Regulations by regulation 28 of this instrument. Section 32 was substituted and section 53A was inserted into the 1984 Act by section 36 of the Building Safety Act 2022. 1996 c. 56 . Section 4 is amended by sections 51 and 57 of the Education Act 1997 (c. 44) , section 216(4) of the Education Act 2002 (c. 32) , section 95 of the Childcare Act 2006 (c. 21) , S.I. 2010/1080 , section 82 of the Education Act 2011 (c. 21) and S.I. 2019/1027 . 2000 c. 14 . Section 3 is amended by sections 95 and 170 of the Health and Social Care Act 2008 (c. 14) and section 188 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) . 2006 c. 41 . S.I. 2021/991 . 2000 c. 14 . For the definitions of “children’s home” and “residential family centre” see sections 1 and 4(2) of that Act. Section 1 was amended by paragraphs 1 and 2 of Schedule 5 to the Health and Social Care Act 2008 (c. 14) and paragraphs 1 and 2 of Schedule 3 to the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) . Section 4(2) was amended by paragraph 4 of Schedule 3 to the 2016 Act. S.I. 2022/808 . 1996 c. 52 . 1985 c. 68 . Paragraph 4ZA of Schedule 1 was inserted by section 297 of the Housing and Regeneration Act 2018 (c. 17) and amended by paragraph 12 of Schedule 11 to the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) ; paragraph 17 of Schedule 7 to the Housing and Planning Act 2016 (c. 22) and S.I. 2022/1166 . 1988 c. 50 . Paragraph 12(1)(h) was amended by section 137 of the Housing (Wales) Act 2014 (anaw 7) and S.I. 2022/1166 . Paragraph 12ZA was inserted by section 297 of the Housing and Regeneration Act 2008 and amended by paragraph 20 of Schedule 11 to the Anti-Social Behaviour, Crime and Policing Act 2014 and S.I. 2010/844 and 2022/116 . The Rent Standard 2020 was published by the Department in 2020. The Rent Standard is available at https://www.gov.uk/government/publications/rent-standard-2020 and is also available for inspection during office hours at the Ministry of Housing, Communities and Local Government, 2 Marsham Street, London, SW1P 4DF. 2008 c. 17 . Section 194(2A) was inserted by paragraph 5 of Schedule 17 to the Localism Act 2011 (c. 20) . The Statistics Board was established by section 1 of the Statistics and Registration Service Act 2007 (c. 18) . 1988 c. 50 . For the meaning of “assured agricultural occupancy” see section 24 of that Act, which was amended by section 103 of the Housing Act 1996 (c. 52) (“ the 1996 Act ”) and S.I. 1990/434 . For the meaning of “assured shorthold tenancy” see sections 19A and 20 of the Housing Act 1988; section 19A was inserted by section 96 of the 1996 Act and section 20 was amended by Schedules 8 and 19 to that Act. For the meaning of “assured tenancy” see section 1 of the Housing Act 1988, which was amended by Schedule 19 to the 1996 Act, paragraph 4 of the Schedule to the Prevention of Social Housing Fraud Act 2013 (c. 3) and S.I. 1990/434 and 2022/1166 . Section 20B was inserted by section 15 of the Anti-Social Behaviour Act 2003 (c. 38) and amended by section 163(1) of the Localism Act 2011 (c. 20) and S.I. 2010/866 . Section 143A was inserted by paragraph 1 of Schedule 1 to the Anti-Social Behaviour Act 2003 (c. 38) and is amended by paragraph 25 of Schedule 7 to the Housing and Planning Act 2016 (c. 22) (not yet in force) and S.I. 2010/866 and 2022/1166 . For the meaning of “introductory tenancy” see section 124, which is amended by paragraph 20 of Schedule 7 to the Housing and Planning Act 2016 (not yet in force) was amended by S.I. 2010/866 and 2022/1166 (not all amendments in the latter Regulations are in force). 1985 c. 68 . For the meaning of “secure tenancy” see section 79 of that Act, which was amended by S.I. 2022/1166 . 1985 c. 69 . Section 1 was amended by sections 1 and 3 of, and paragraph 6 of Schedule 2 to, the Housing (Scotland) Act 1988 (c. 43) ; paragraph 36 of Schedule 4 to the Co-operative and Community Benefit Societies Act 2014 (c. 14) and S.I. 1996/2325 . 2011 c. 25 .
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[uk-legislation-uksi][uksi] 2025-11-25 The Civil Procedure (Amendment No. 3) Rules 2025
http://www.legislation.gov.uk/uksi/2025/1229/made
http://www.legislation.gov.uk/uksi/2025/1229/made The Civil Procedure (Amendment No. 3) Rules 2025 en King's Printer of Acts of Parliament 2025-11-25 SENIOR COURTS OF ENGLAND AND WALES COUNTY COURT, ENGLAND AND WALES These Rules amend Part 77 (provisions in support of criminal justice) of the Civil Procedure Rules 1998 (S.I. 1998/3132) by inserting a new Section – Section 3 – setting out the procedure to be followed where, under section 32ZAA of the Crime (Sentences) Act 1997 (c. 43) or section 256AZBA of the Criminal Justice Act 2003 (c. 44), the Secretary of State directs the Parole Board to refer its direction to release a prisoner to the High Court. The new Section also sets out the procedure for applying for non-disclosure of information which would adversely affect the prevention of disorder or crime, or the health or welfare of the defendant or any other person. 2025 No. 1229 (L. 9) Senior Courts Of England And Wales County Court, England And Wales The Civil Procedure (Amendment No. 3) Rules 2025 Made 24th November 2025 Laid before Parliament 25th November 2025 Coming into force 31st December 2025 The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 1997 to make rules under section 1 of and Schedule 1 to that Act and section 67B(1) of the Courts Act 2003 , and after fulfilling the requirements of section 2(6) of the Civil Procedure Act 1997 and section 67C of the Courts Act 2003, makes the following Rules. Citation, commencement and interpretation 1 1 These Rules may be cited as the Civil Procedure (Amendment No. 3) Rules 2025 and come into force on 31 st December 2025. 2 In these Rules a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 1998 . Amendments to the Civil Procedure Rules 1998 2 The Civil Procedure Rules 1998 are amended in accordance with rule 3 of these Rules. Amendment of Part 77 3 1 In the table of contents to this Part, after the entry for rule 77.15 insert— SECTION 3 – REFERRAL OF RELEASE DECISIONS SUB-SECTION 1 – GENERAL Scope Rule 77.16 Part 8 procedure Rule 77.17 Proceedings under this Section Rule 77.18 The application Rule 77.19 Service on the defendant Rule 77.20 SUB-SECTION 2 – NON-DISCLOSURE Applications for non-disclosure Rule 77.21 Applications under Part 2 of the 2013 Act Rule 77.22 Applications other than under Part 2 of the 2013 Act Rule 77.23 Relevant material and statement of reasons to be filed Rule 77.24 Consideration of the application Rule 77.25 Hearings Rule 77.26 Special advocates Rule 77.27 Special advocates – communicating about proceedings Rule 77.28 Consideration of the claimant’s objection under rule 77.27(7)(b) Rule 77.29 Failure to comply with directions Rule 77.30 Orders under the 1997 Act and 2003 Act Rule 77.31 Supply of court documents Rule 77.32 Appeals Rule 77.33 . 2 In rule 77.1— a in paragraph (a), at the end, omit “and” b in paragraph (b), at the end, for “.” substitute “; and” ; and c after paragraph (b) insert— c in Section 3, referrals of release decisions under section 32ZAA of the Crime (Sentences) Act 1997 and section 256AZBA of the Criminal Justice Act 2003 . 3 After rule 77.15 insert— SECTION 3 Referral of Release Decisions SUB-SECTION 1 General Scope 77.16 This Section applies where the Secretary of State directs the Parole Board to refer a release decision to the High Court under section 32ZAA of the Crime (Sentences) Act 1997 (“ the 1997 Act ”) or section 256AZBA of the Criminal Justice Act 2003 (“ the 2003 Act ”). Part 8 procedure 77.17 The Part 8 procedure applies to proceedings under this Section with the following modifications. Proceedings under this Section 77.18 In proceedings under this Section— a the referral of a release decision shall be treated as an application by the Secretary of State; b the Secretary of State is the claimant; c the prisoner is the defendant; d the Parole Board and any victim (as defined in section 1 of the Victims and Prisoners Act 2024) of an offence to which the referral relates are not parties; e rules 8.7 and 8.8 shall not apply. The application 77.19 1 The claim form must— a state that the Parole Board has been directed by the claimant to refer the release decision to the court because the claimant considers that— i the release of the defendant would be likely to undermine public confidence in the parole system; and ii if the case were referred, the High Court might not be satisfied that it is no longer necessary for the protection of the public that the defendant should be confined; b identify the provisions in the 1997 Act or the 2003 Act under which the direction was made; and c state that the claimant will file and serve all further material in accordance with paragraph (2). 2 Rule 8.5(1) is modified such that, not later than two days after the date on which the claim form is filed, the claimant must file with the court and, together with the claim form, serve on the defendant— a the claimant’s reasons for considering why the court might not be satisfied that it is no longer necessary for the protection of the public that the defendant should be confined; b any representations regarding the directions the court may include as to the conditions to be included in the defendant’s licence on release; c the Parole Board’s decision letter; d all information and reports served on and considered by the Parole Board; and e any further information the claimant considers relevant to the application. 3 Paragraph (2) is subject to rule 77.21. 4 In any proceedings under this Section, the claimant may not rely on any written evidence or information unless— a it has been served in accordance with— i a rule or practice direction under this Section; or ii a direction of the court; or b the court gives permission. 5 Without prejudice to Sub-section 2, until the proceedings to which this Section applies are concluded, the claimant must file and serve on the defendant any material which— a adversely affects the claimant’s case; or b supports the defendant’s case. Service on the defendant 77.20 1 Except where rule 6.7 applies— a the claim form must be served personally in accordance with rule 6.5; and b the time within which a certificate of service must be filed under rule 6.17(2)(a) shall be within 7 days of service of the claim form. 2 Except where the defendant has given an address for service under rule 6.23(2)(a), a document other than the claim form must be served on the defendant personally in accordance with rule 6.22. SUB-SECTION 2 Non-disclosure Applications for non-disclosure 77.21 Any application under section 6(2) of the Justice and Security Act 2013 (“ the 2013 Act ”) or rule 77.23 must be made— a when the claimant files material under rule 77.19(2); or b if they have filed their material under rule 77.19(2), when the claimant files any additional material in respect of which they wish to make an application. Applications under Part 2 of the 2013 Act 77.22 Where Part 2 of the 2013 Act applies to proceedings under this Section, Part 82 shall apply. Applications other than under Part 2 of the 2013 Act 77.23 1 This rule applies where, on application by the claimant, the court considers that— a the disclosure of any information or any report (“the relevant material”) would adversely affect— i the prevention of disorder or crime; or ii the health or welfare of the defendant or any other person; and b withholding the relevant material is a necessary and proportionate measure. 2 Where this rule applies, the court must direct that the relevant material— a be withheld from the defendant and their legal representative; b be withheld from the defendant, but disclosed to their legal representative, in full or in a summary or redacted version, subject to the legal representative undertaking to the court not to disclose the relevant material or the summary or redacted version (as the case may be) to the defendant, or to any other person except as directed by the court and provided in the undertaking; c be disclosed to the defendant and their legal representative in a summary or redacted version; or d be withheld from the defendant and their legal representative, but disclosed to a special advocate. 3 The court may vary or set aside a direction under paragraph (2) on application or of its own motion. Relevant material and statement of reasons to be filed 77.24 1 An application under rule 77.23(1) must— a include the relevant material; b identify the persons from whom the relevant material should be withheld; c set out the reasons for withholding the relevant material and explain why it is a necessary and proportionate measure; d if the claimant proposes disclosure in a summary or redacted version, include a draft of that document; and e state whether the claimant will withdraw and no longer rely on the relevant material in the event of the application being refused. 2 When an application is made under rule 77.23(1), the application need not be served on the defendant, but the claimant must, at the same time as filing the application— a notify the defendant that an application has been made, whether or not a special advocate has already been appointed; b if the application proposes disclosure to the defendant in a summary or redacted version, include with the notification a draft of that document; and c if one has been appointed in respect of an earlier application under rule 77.23(1), serve on the special advocate the application and accompanying material under paragraph (1). 3 Where paragraph (2)(c) applies, the special advocate may file and serve on the claimant written submissions regarding the application within 14 days of service of the application. Consideration of the application 77.25 1 Where the court considers an application under rule 77.23(1) it may— a determine the application without a hearing; or b direct a hearing of the application. 2 Rule 23.8(3) is modified to provide that, under this rule and rule 77.29, a party includes a special advocate if one has been appointed. 3 Where the court makes a direction under rule 77.23(2)(b), within 7 days after the date on which the defendant is notified of the court’s decision or such other period as the court may direct, the legal representative must— a file and serve on the claimant the required undertaking; or b inform both the court and the claimant of their decision not to do so. 4 Where the legal representative— a gives the required undertaking under paragraph (3), the claimant must, within two days of the date on which it is served on them— i serve on the legal representative the relevant material in full or as directed; or ii inform both the court and the defendant of their decision not to rely on it; or b does not give the required undertaking within the time specified in paragraph (3) or informs the court of their decision not to give undertakings, the claimant must seek further directions from the court. 5 Where the court does not give permission to withhold relevant material from the defendant, or has made a direction under rule 77.23(2)(c), within seven days after the date on which they are notified of the court’s decision or such other period as the court may direct, the claimant must— a serve on the defendant the relevant material in full, or as directed; or b inform both the court and the defendant of their decision not to rely on it. 6 Where the claimant has informed the court of their decision not to rely on the relevant material in full or as directed— a the claimant shall not be required to serve the relevant material on the defendant or comply with the direction; but b the court may, at a hearing on notice, if it considers that the relevant material or anything that is required to be summarised or redacted might adversely affect the claimant’s case or support the case of the defendant, direct that the claimant is not to rely on such points, or that the claimant makes such concessions or takes such other steps, as the court may direct. Hearings 77.26 1 Where the court considers it necessary to exclude the defendant from any hearing or part of that hearing to ensure that relevant material subject to a direction under rule 77.23(2) is not disclosed to them, the court must direct that the hearing, or that part of it from which the defendant is excluded, be conducted in private. 2 Unless the court directs otherwise, the court shall serve notice of the date, time and place fixed for a hearing on every party and, if one has been appointed for the purposes of the proceedings, the special advocate or those instructing the special advocate. Special advocates 77.27 1 In any proceedings to which this Sub-section applies, the court may at any stage direct the claimant to request the Attorney General to appoint a special advocate to represent the interests of the defendant. 2 The function of a special advocate is to represent the interests of the defendant by, for example— a making submissions to the court at any hearing from which the party and that party’s legal representative are excluded; b adducing evidence and cross-examining witnesses at such a hearing; c making applications to the court or seeking directions from the court where necessary; and d making written submissions to the court, including whether relevant material withheld under rule 77.23(2) should be disclosed in full or in a summary or redacted version. 3 Where the court makes a direction under paragraph (1), the claimant— a must within seven days of receipt of notification of their appointment, serve on the special advocate, copies of— i the claim form and further material specified in rule 77.19(2), and any further evidence served on the defendant; ii the acknowledgement of service and any further evidence served by the defendant; iii the application under rule 77.23(1) and the relevant material and documents specified in rule 77.24(1); and iv if applicable, the court’s direction under rule 77.23(2); and b may not rely on the relevant material which is the subject of the application under rule 77.23(1) unless a special advocate has been appointed, and the relevant material has been served on them. Special advocates – communicating about proceedings 77.28 1 A special advocate may communicate with the defendant, or their legal representative, at any time before the claimant serves the relevant material on the special advocate. 2 After the relevant material has been served on the special advocate, they must not communicate with any person about any matter connected with the proceedings, except in accordance with paragraphs (3), (4) or (8)(b) or with a direction of the court pursuant to a request under paragraph (5). 3 The special advocate may, without directions from the court, communicate about the proceedings with— a the court; b the claimant; c the Attorney General and any persons acting for the Attorney General; d any other person, except for the defendant or their legal representative, with whom it is necessary for administrative purposes for the special advocate to communicate about matters not connected with the substance of the proceedings. 4 The special advocate may communicate with the defendant or their legal representative with the express agreement of the claimant. 5 The special advocate may request directions from the court authorising them to communicate with— a subject to paragraph (6), the defendant or their legal representative; or b with any other person. 6 Where the special advocate wishes to communicate with the defendant or their legal representative, the special advocate may not, without good reason, request directions under paragraph (5)(a) unless the claimant has refused their request under paragraph (4). 7 Where the special advocate requests directions under paragraph (5)— a the special advocate must notify the claimant of the request; and b the claimant must, within two days or such other period as may be directed by the court, file and serve on the special advocate notice of any objection to the proposed communication, or to the form in which it is proposed to be made. 8 Paragraph (2) does not prohibit the defendant or their legal representative communicating with the special advocate after the claimant has served relevant material on the special advocate, but— a they may only do so in writing; and b the special advocate must not reply to the communication other than in accordance with directions given by the court, except that the special advocate may, under paragraph (4) or without such directions, send a written acknowledgment of receipt. Consideration of the claimant’s objection under rule 77.28(7)(b) 77.29 1 If the claimant objects to a proposed communication under rule 77.28(7)(b)— a the special advocate may file and serve on the claimant a reply to the objection; b the claimant and the special advocate must file with the court a schedule identifying the issues which cannot be agreed between them and which must— i give brief reasons for their contentions on each issue in dispute; and ii set out any proposals for the court to resolve the issues in dispute. 2 On receipt of the claimant’s objection, the special advocate may give notice that they do not challenge it. 3 The court may— a consider the claimant’s objection without a hearing; or b if the court considers that it is necessary before it can determine the matter, direct a hearing. Failure to comply with directions 77.30 1 Where the clamant or special advocate fails to comply with a direction of the court, the court may serve on the claimant or the special advocate a notice which states— a the respect in which they have failed to comply with the direction; b a time limit for complying with the direction; and c that the court may proceed to determine the proceedings before it, on the material available to it, if they fail to comply with the relevant direction within the time specified. 2 Where the claimant or special advocate fails to comply with such a notice, the court may proceed in accordance with paragraph (1)(c). Orders under the 1997 Act and 2003 Act 77.31 1 Where the court makes an order in any proceedings to which this Sub-section applies, it may withhold any, or any part, of its reasons if and to the extent that it is not possible to give those reasons without disclosing material, the disclosure of which would adversely affect— a the prevention of disorder or crime; or b the health or welfare of the defendant or any other person. 2 Where the court’s judgment does not include the full reasons for its decision, the court must serve on the claimant, the defendant’s legal representative if appropriate, and, if appointed, the special advocate, a separate written judgment giving those reasons. Supply of court documents 77.32 Unless the court otherwise directs, rule 5.4B (supply of documents from court records – a party) and rule 5.4C (supply of court documents – a non-party) do not apply to any proceedings to which this Sub-section applies. Appeals 77.33 1 Part 52 (appeals) applies to an appeal to the Court of Appeal— a against an order of the High Court on or in relation to an application under rule 77.23(1); and b where the order under appeal was not made on or in relation to a matter within sub-paragraph (a) but the appeal proceedings involve such a matter. 2 Paragraph (1) is subject to— a this Sub-section; and b paragraph (3) of this rule. 3 The appellant must serve a copy of the appellant’s notice on any special advocate. 4 Unless the court directs otherwise, an appeal to the Court of Appeal in proceedings under paragraph (1), must be determined at a hearing. . Lady Justice Cockerill Mr Justice Trower Mr Justice Pepperall His Honour Judge Hywel James Her Honour Judge Emma Kelly District Judge Clarke Isabel Hitching KC Kelly Stricklin-Coutinho David Marshall Ben Roe Ian Curtis-Nye I allow these Rules. Signed by authority of the Lord Chancellor Levitt Parliamentary Under-Secretary of State Ministry of Justice 24th November 2025 EXPLANATORY NOTE (This note is not part of the Rules) These Rules amend Part 77 (provisions in support of criminal justice) of the Civil Procedure Rules 1998 ( S.I. 1998/3132 ) by inserting a new Section – Section 3 – setting out the procedure to be followed where, under section 32ZAA of the Crime (Sentences) Act 1997 (c. 43) or section 256AZBA of the Criminal Justice Act 2003 (c. 44) , the Secretary of State directs the Parole Board to refer its direction to release a prisoner to the High Court. The new Section also sets out the procedure for applying for non-disclosure of information which would adversely affect the prevention of disorder or crime, or the health or welfare of the defendant or any other person. 1997 c. 12 . Section 2(1) was substituted by the Constitutional Reform Act 2005 (c. 4) , section 15 and Schedule 4, Part 1. Section 1(3) was substituted by section 82(1) of the Courts Act 2003 (c. 39) and further amended by the Constitutional Reform Act 2005, sections 15 and 146 and Schedule 4, Part 1, paragraphs 261 and 262 and Schedule 18. Section 1(1) was amended by the Crime and Courts Act 2013 (c. 22) , section 17(5) and Schedule 9, Part 3, paragraph 67(a). Schedule 1 to the 1997 Act was amended by the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33) , section 3, Schedule, Part 1, paragraph 19, the Crime and Courts Act 2013, section 175, Schedule 9, Part 3, paragraph 67(b). 2003 c. 39 . Sections 67B and 67C were inserted by section 3 of and paragraph 32 of the Schedule to the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33) . S.I. 1998/3132 . There are relevant amendments in S.I. 2007/3543 and S.I. 2010/1953 . 1997 c. 43 . Section 32ZAA was inserted by section 61 of the Victims and Prisoners Act 2024 (c. 21) . 2003 c. 44 . Section 256AZBA was inserted by section 62 of the Victims and Prisoners Act 2024.
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[uk-legislation-uksi][uksi] 2025-11-25 The Biocidal Products (Data Protection Periods) (Amendment) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1221/made
http://www.legislation.gov.uk/uksi/2025/1221/made The Biocidal Products (Data Protection Periods) (Amendment) Regulations 2025 King's Printer of Acts of Parliament 2025-11-25 HEALTH AND SAFETY These Regulations amend Article 95 of Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (EUR 2012/528) (“the GB Biocidal Products Regulation”). 2025 No. 1221 HEALTH AND SAFETY The Biocidal Products (Data Protection Periods) (Amendment) Regulations 2025 Made 24th November 2025 Laid before Parliament 25th November 2025 Coming into force 30th December 2025 The Secretary of State makes these Regulations in exercise of the powers conferred by Articles 83A(2) and 89(2)(b) of Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products . In accordance with Article 89(4) of that Regulation, these Regulations are made with the consent of the Scottish Ministers and the Welsh Ministers . Citation, commencement, extent and interpretation 1 1 These Regulations may be cited as the Biocidal Products (Data Protection Periods) (Amendment) Regulations 2025 and come into force on 30th December 2025. 2 These Regulations extend to England and Wales and Scotland. 3 In these Regulations, “ the GB Biocidal Products Regulation ” means Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products. Amendments to Article 95 of the GB Biocidal Products Regulation 2 Article 95 of the GB Biocidal Products Regulation (transitional measures concerning access to the active substance dossier) is amended as follows— a in paragraph 3, for “Regulation (EC) No 1451/2007 ” substitute “Regulation (EU) No 1062/2014” ; b for paragraph 5, substitute— 5 By way of derogation from Article 60, all data protection periods for active substance/product-type combinations listed in Annex II to Regulation (EU) No 1062/2014 , but for which no decision as to whether the active substance/product-type combination is approved has been issued by— a the Secretary of State, under this Regulation, or b before IP completion day, the Commission, under Regulation (EU) No 528/2012 , shall end on 31 December 2030. . Signed by authority of the Secretary of State for Work and Pensions Stephen Timms Minister of State Department for Work and Pensions 24th November 2025 Explanatory Note (This note is not part of the Regulations) These Regulations amend Article 95 of Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (EUR 2012/528) (“ the GB Biocidal Products Regulation ”). Regulation 2 amends paragraphs 3 and 5 of Article 95 of the GB Biocidal Products Regulation to cross refer to Annex II to Regulation (EU) No 1062/2014 (EUR 2014/1062). Regulation 2 also amends the date, under Article 95(5) of the GB Biocidal Products Regulation, on which data protection ends for those active substance/product-type combinations listed in Annex II of Regulation (EU) No 1062/2014 where no decision on approval has yet been reached. That date is extended by five years, from 31 December 2025 to 31 December 2030. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. EUR 2012/528; Article 83A was inserted by paragraph 125 of Schedule 2 to S.I. 2019/720 ; Article 89 was substituted by paragraph 130 of Schedule 2 to the same instrument. The consent requirement is set out in Article 83B, as inserted by paragraph 125 of Schedule 2 to S.I. 2019/720 . EUR 2014/1062, amended by S.I. 2019/720 . Details of approved active substances/product-type combinations can be found at: https://www.hse.gov.uk/biocides/active-substances/uk-list-active-substances.htm . Details can also be requested from: Health and Safety Executive, Redgrave Court, Merton Road, Bootle, Merseyside L20 7HS. OJ No. L 167, 27.6.2012, p. 1; relevant amending instruments are OJ No. L 204, 31.7.2013, p. 25 and OJ No. L 1398, 22.5.2024, p. 1.
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[uk-legislation-uksi][uksi] 2025-11-25 The Environmental Protection (Wet Wipes Containing Plastic) (England) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1218/made
http://www.legislation.gov.uk/uksi/2025/1218/made The Environmental Protection (Wet Wipes Containing Plastic) (England) Regulations 2025 King's Printer of Acts of Parliament 2025-11-25 ENVIRONMENTAL PROTECTION, ENGLAND These Regulations, which apply in relation to England, prohibit persons from supplying or offering to supply wet wipes containing plastic (see definitions in regulation 2). The Environmental Protection (Wet Wipes Containing Plastic) (England) Regulations 2025 2025 No. 1218 ENVIRONMENTAL PROTECTION, ENGLAND The Environmental Protection (Wet Wipes Containing Plastic) (England) Regulations 2025 Made 18th November 2025 Coming into force 19th May 2027 The Secretary of State makes these Regulations in exercise of the powers conferred by section 140(1)(c), (2)(a) and (b), (3)(c) and (d) and (9) of the Environmental Protection Act 1990 (“ the 1990 Act ”) and section 62(2) of the Regulatory Enforcement and Sanctions Act 2008 (“ the 2008 Act ”). The Secretary of State— has published a notice in the London Gazette as required by section 140(6)(b) of the 1990 Act and has considered the representations made in accordance with that notice; is satisfied in accordance with section 66 of the 2008 Act that local authorities (who are regulators for the purposes of these Regulations) will act in accordance with the principles referred to in section 5(2) of that Act in exercising a power conferred by these Regulations ; considers it appropriate in accordance with section 140(1) of the 1990 Act to make these Regulations for the purpose of preventing the articles specified in them from causing pollution of the environment and harm to the health of animals. In accordance with section 62(3) of the 2008 Act, a draft of these Regulations has been laid before, and approved by resolution of, each House of Parliament. Part 1 Introduction Citation, commencement, extent and application 1 1 These Regulations may be cited as the Environmental Protection (Wet Wipes Containing Plastic) (England) Regulations 2025. 2 These Regulations come into force 18 months after the day on which they are made. 3 These Regulations extend to England and Wales and apply in relation to England only. Interpretation 2 In these Regulations— “ business ” includes— any trade or profession; any activity carried on by a charity; any activity carried on by a body of persons whether corporate or unincorporated; and the provision of services by or on behalf of the Secretary of State under the National Health Service Act 2006 ; “ charity ” means anything which is a charity— within the meaning of section 1(1) of the Charities Act 2011 ; or for the purposes of section 202 of the Corporation Tax Act 2010 ; “ compliance notice ” has the meaning given by paragraph 1 (1) (b) of the Schedule ; “ end user ” means any person to whom wet wipes containing plastic are offered or supplied, other than a person to whom they are offered or supplied for the purposes of— supplying it, in the course of a business, to another person; or a manufacturing process; “ enforcement officer ” has the meaning given by regulation 9(3); “ enforcement undertaking ” has the meaning given by paragraph 17(2) of the Schedule ; “ fixed monetary penalty ” has the meaning given by paragraph 1 (1) (a) of the Schedule ; “ local authority ” means— in relation to the City of London, the Common Council for the City of London; in relation to an area in the rest of London, the London borough council for that area; in relation to the Isles of Scilly, the Council of the Isles of Scilly; in relation to an area in the rest of England, the county council for that area or, where there is no county council for that area, the district council for that area; “ non-compliance penalty ” has the meaning given by paragraph 24 (1) of the Schedule ; “ plastic ” means a material consisting of polymer as defined in Article 3(5) of Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) , to which additives or other substances may have been added, and which can function as a main structural component of final products, with the exception of natural polymers that have not been chemically modified; “ regulator ” means a local authority; “ stop notice ” has the meaning given by paragraph 9(2) of the Schedule ; “ supply ” means supply, whether by way of sale or not; “ third party undertaking ” has the meaning given by paragraph 3 (1) of the Schedule ; “ wet wipe ” means a non-woven piece of fabric which has been pre-wetted and which is not designed or intended to be re-used. Part 2 Offences Offence: supply of wet wipes containing plastic 3 1 A person may not, in the course of a business, supply or offer to supply wet wipes containing plastic to an end user in England. 2 Paragraph (1) is subject to the exemptions in regulations 5 to 7 . 3 A person who contravenes paragraph (1) is guilty of an offence. 4 A person guilty of an offence under paragraph (3) is liable on summary conviction to a fine. Offence: failure to comply with an enforcement requirement 4 1 A person who without reasonable excuse— a fails to comply with any requirement imposed in the exercise of an enforcement officer’s powers under regulation 11 (1) (c) (iii) or (g) , or b otherwise obstructs an enforcement officer in the exercise of the officer’s powers under regulation 11 , is guilty of an offence. 2 A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine. Exemption: registered pharmacies 5 1 Regulation 3 (1) does not apply to a person who in the course of a retail pharmacy business supplies wet wipes containing plastic in the cases in paragraph (2) , provided that the conditions in paragraph (3) are complied with. 2 The cases referred to in paragraph (1) are where the wet wipes containing plastic are supplied to an end user— a at a registered pharmacy; or b by means of online or other distance selling arrangements. 3 The conditions are that wet wipes containing plastic— a must not be advertised to customers in England by the retail pharmacy business; and b if supplied at a registered pharmacy— i must not be kept in a place where they are visible to customers, or where customers can access them; and ii must not be offered or provided to a customer unless the customer has requested them. 4 The condition in paragraph (3) (a) does not prohibit the display of wet wipes containing plastic for sale on a website or application through which a person carrying on a retail pharmacy business sells products online. 5 In this regulation , “registered pharmacy” and “retail pharmacy business” have the meanings given in regulation 8(1) of the Human Medicines Regulations 2012 so far as these definitions relate to registered pharmacies and retail pharmacy businesses in England. Exemption: medical purposes 6 1 Regulation 3 (1) does not apply to— a a person that supplies wet wipes containing plastic for use for medical purposes by or under the direction of a healthcare professional; b a healthcare professional that supplies wet wipes containing plastic for medical purposes; or c an NHS appliance contractor that supplies wet wipes containing plastic for medical purposes. 2 In this regulation— a “ healthcare professional ” means a person who is a registered member of a profession that is regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 ; b “ medical purposes ” means the purposes of preventative medicine, medical diagnosis, medical research and the provision of medical care and treatment; c “ NHS appliance contractor ” has the meaning given by regulation 2(1) of the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013 ; d “ registered ”, in relation to a regulatory body, means registered in a register that the body maintains by virtue of any enactment. Exemption: supply to business and local authorities 7 Regulation 3 (1) does not apply to a person that supplies wet wipes containing plastic to a person who carries on a business or to a local authority where the supply is for the purposes of that business or local authority. Defence of due diligence for suppliers 8 1 Subject to paragraphs (2) and (4) , in proceedings against a person (“ P ”) for an offence under this Part, it is a defence for P to show that P took all reasonable steps and exercised all due diligence to avoid committing the offence. 2 P may not rely on a defence under paragraph (1) which involves a third party allegation unless P has— a served a notice in accordance with paragraph (3) ; or b obtained the leave of the court. 3 The notice must— a give any information in P’s possession which identifies or assists in identifying the person— i whose act or default is the subject of the third party allegation; or ii who supplied the information on which P relied; and b be served on the person bringing the proceedings not less than 7 clear days before the hearing of the proceedings. 4 P may not rely on a defence under paragraph (1) which involves an allegation that the commission of the offence was due to reliance on information supplied by another person unless it was reasonable for P to have relied on the information, having regard in particular to— a the steps that P took, and those which might reasonably have been taken, for the purposes of verifying the information; and b whether P had any reason to disbelieve the information. 5 In this regulation , “ third party allegation ” means an allegation that the commission of the offence was due to— a the act or default of another person; or b reliance on information supplied by another person. Part 3 Enforcement and civil sanctions Enforcement 9 1 A regulator may authorise any person to exercise, for an authorised purpose and in accordance with the terms of the authorisation, any of the powers specified in regulation 11 , if that person appears to the regulator suitable to exercise them. 2 An authorisation under paragraph (1) must be in writing. 3 In this Part — “ authorised purpose ” means the purpose of determining whether an offence under Part 2 has been or is being committed, or any requirement of a compliance notice, a stop notice or an enforcement undertaking under these Regulations has been or is being contravened; “ enforcement officer ” means a person authorised under paragraph (1) . Civil sanctions 10 The Schedule (civil sanctions) has effect for the purpose of the enforcement of an offence under Part 2. Powers of entry and examination etc. 11 1 The powers which an enforcement officer may be authorised to exercise are— a to enter at any reasonable time any premises (other than premises used wholly or mainly as a dwelling) which the enforcement officer has reason to suspect it is necessary to enter for an authorised purpose; b when entering any premises under sub-paragraph (a) — i to be accompanied by another enforcement officer; and ii to bring any equipment or materials required for the authorised purpose in question; c on entering any premises under sub-paragraph (a) — i to make such examination and investigation as may be necessary; ii to take such measurements and photographs and make such recordings as the enforcement officer considers necessary for the purpose of any such examination or investigation; and iii to require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any documents which it is necessary for the enforcement officer to see for the purposes of any such examination or investigation and to inspect and take copies of, or of any entry in, the documents; d as regards any premises which an enforcement officer has power to enter under sub-paragraph (a) , to direct that those premises or any part of them, or anything in them, be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of examination or investigation under sub-paragraph (c) ; e to take any samples, or cause samples to be taken, of any articles or substances found in or on any premises which an enforcement officer has power to enter under sub-paragraph (a) , and to cause any such articles or substances to be analysed or tested; f in the case of any such sample, to take possession of it and to retain it for so long as is necessary for all or any of the following purposes— i to examine it, and subject it to any process or test, or cause it to be examined and subjected to any process or test (but not so as to damage or destroy it, unless that is necessary); ii to ensure that it is not tampered with before the examination, process or test is completed; iii to ensure that it is available for use as evidence in any proceedings for an offence under these Regulations; g to require any person to afford the enforcement officer such facilities and assistance with respect to any matters or things within the person’s control or in relation to which that person has responsibilities as are necessary to enable the enforcement officer to exercise any of the powers conferred on the enforcement officer by this regulation. 2 Where an enforcement officer proposes to enter any premises and— a entry has been refused or the enforcement officer apprehends on reasonable grounds that entry is likely to be refused, or b the enforcement officer apprehends on reasonable grounds that the use of reasonable force may be necessary to effect entry, any entry onto those premises by virtue of paragraph (1) (a) may only be effected under the authority of a warrant. 3 Nothing in paragraph (1) (c) (iii) compels the production by a person of any documents of which that person would on grounds of legal professional privilege be entitled to withhold production on an order for disclosure in an action in the County Court or High Court. 4 An enforcement officer seeking to exercise a power under paragraph (1) must produce evidence of identity and authority if requested by a person who is, or appears to be— a a supplier of wet wipes containing plastic; b an employee of a supplier referred to in sub-paragraph (a); c the owner or occupier of any premises in which the enforcement officer seeks to exercise the power concerned. 5 If a justice of the peace, on sworn information in writing, is satisfied— a that there are reasonable grounds to enter any premises in exercise of the power in paragraph (1) (a) ; and b that any of the conditions in paragraph (2) (a) or (b) is met, the justice of the peace may by warrant authorise an enforcement officer to enter the premises, if need be by reasonable force. Publication of information about enforcement action 12 1 Where a regulator imposes civil sanctions under these Regulations in relation to an offence under Part 2, the regulator must from time to time publish— a the cases in which a civil sanction has been imposed; b where the civil sanction is a fixed monetary penalty or compliance notice, the cases in which a third party undertaking has been accepted; and c the cases in which an enforcement undertaking has been entered into. 2 In paragraph (1) (a) , the reference to cases in which a civil sanction has been imposed does not include cases where the sanction has been imposed but overturned on appeal. 3 This regulation does not apply in cases where the regulator considers that publication would be inappropriate. Part 4 Supplementary Guidance 13 1 Each regulator must publish guidance about its use of civil sanctions under these Regulations in relation to an offence under Part 2. 2 In the case of guidance relating to a fixed monetary penalty, compliance notice or stop notice, the guidance must contain the relevant information set out in paragraph (3) . 3 The relevant information referred to in paragraph (2) is information as to— a the circumstances in which the penalty or notice is likely to be imposed; b the circumstances in which it may not be imposed; c rights to make representations and objections and rights of appeal; and d in the case of a fixed monetary penalty, the amount of the penalty, how liability for the penalty may be discharged and the effect of discharge. 4 The regulator must revise the guidance where appropriate. 5 The regulator must consult such persons as it considers appropriate before publishing any guidance or revised guidance under this regulation . 6 The regulator must have regard to the guidance or revised guidance in exercising its functions. Review 14 1 The Secretary of State must— a as soon as reasonably practicable after the end of the period of three years from the date on which these Regulations come into force carry out a review of the operation of the provisions in Part 3 (enforcement and civil sanctions) and the Schedule ; b from time to time carry out a review of the regulatory provision contained in these Regulations (including Part 3 and the Schedule ); and c publish a report setting out the conclusions of any review. 2 In the case of a review under paragraph (1) (a) — a the review must in particular consider whether the provision has implemented its objectives efficiently and effectively; b the Secretary of State, in conducting the review, must consult such persons as the Secretary of State considers appropriate; and c the Secretary of State must lay a copy of the report under paragraph (1) (c) before Parliament. 3 In the case of a review under paragraph (1) (b) — a the first report must be published before the end of the period of five years from the date on which these Regulations come into force; b subsequent reports must be published at intervals not exceeding five years; and c a report published under this paragraph must, in particular— i set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1) (b) ; ii assess the extent to which those objectives are achieved; iii assess whether those objectives remain appropriate; and iv if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision. 4 In this regulation “ regulatory provision ” has the same meaning as in section 32 of the Small Business, Enterprise and Employment Act 2015 . Emma Hardy Parliamentary Under-Secretary of State Department for Environment, Food and Rural Affairs 18th November 2025 Schedule Civil Sanctions Regulation 10 Part 1 Fixed Monetary Penalties and Compliance Notices Imposition of a fixed monetary penalty or compliance notice 1 1 In relation to an offence under Part 2 of these Regulations, a regulator may impose— a a requirement to pay to the regulator a penalty of £200 (a “fixed monetary penalty”); or b a requirement to take such steps as the regulator may specify, within such period as it may specify, to secure that the offence does not continue or recur (a “ compliance notice ”). 2 Before doing so the regulator must be satisfied beyond reasonable doubt that the person has committed the offence. 3 A requirement under sub-paragraph (1) (a) or (b) may not be imposed on a person on more than one occasion in relation to the same act or omission. Notice of intent 2 1 Where a regulator proposes to impose a fixed monetary penalty or a compliance notice on a person, the regulator must serve on that person a notice of what is proposed (a “notice of intent”). 2 The notice of intent must include— a the grounds for the proposed fixed monetary penalty or compliance notice and— i in the case of a proposed fixed monetary penalty, the amount of the penalty to be paid; ii in the case of a proposed compliance notice, the requirements of that notice; b information as to— i the right to make representations and objections within 28 days beginning with the day on which the notice of intent was received; and ii in the case of a proposed fixed monetary penalty, the right (in the alternative to making representations and objections) to discharge any liability for the penalty in accordance with sub-paragraph (3)(b). 3 A person on whom a notice of intent is served may— a within 28 days beginning with the day on which the notice of intent was received, make representations and objections to the regulator in relation to the proposed imposition of a fixed monetary penalty or compliance notice; or b in the case of a proposed fixed monetary penalty, may discharge any liability for the payment of that penalty by paying the sum of £100 to the regulator within 28 days beginning with the day on which the notice of intent was received. 4 Paragraph 4 does not apply if the person makes a payment in accordance with sub-paragraph (3) (b) . Third party undertakings 3 1 A person on whom a notice of intent is served in relation to a proposed compliance notice may offer an undertaking as to action to be taken by that person (including the payment of a sum of money) to benefit any third party affected by the offence (a “third party undertaking”). 2 The regulator may accept or reject any such third party undertaking. Final notice 4 1 After the end of the period for making representations and objections, the regulator must decide whether— a to impose the requirements in the notice of intent, with or without modifications; or b to impose any other requirement that the regulator has power to impose under this Part. 2 The regulator must inform the person concerned of its decision and, where the regulator decides to impose any requirement referred to in sub-paragraph (1), must do so by serving a final notice in accordance with— a paragraph 5, in the case of a fixed monetary penalty, or b paragraph 6, in the case of a compliance notice. 3 The regulator may not serve a final notice on a person where the regulator is satisfied that the person would not, by reason of any defence, be liable to be convicted of the offence to which the final notice relates. 4 The regulator may not serve a final notice on a person from whom a third party undertaking is accepted unless that person has failed to comply with the undertaking or any part of it. Contents of final notice: fixed monetary penalty 5 A final notice relating to a fixed monetary penalty must include information as to— a the grounds for imposing the penalty; b the amount to be paid; c how payment may be made; d the period within which payment must be made, which must be not less than 28 days beginning with the day on which the notice was received; e rights of appeal; and f the consequences of failing to comply with the notice. Contents of final notice: compliance notice 6 A final notice relating to a compliance notice must include information as to— a the grounds for imposing the notice; b what compliance is required and the period within which it must be completed; c rights of appeal; and d the consequences of failing to comply with the notice. Appeals against final notice 7 1 The person on whom the final notice is served may appeal against it. 2 The grounds for appeal are— a that the decision was based on an error of fact; b that the decision was wrong in law; c in the case of a compliance notice, that the nature of the requirement is unreasonable; d that the decision is unreasonable for any other reason. Criminal proceedings 8 1 If— a a final notice is served on any person; or b a third party undertaking is accepted from any person, that person may not at any time be convicted of the offence in respect of the act or omission giving rise to the final notice or third party undertaking except in a case referred to in sub-paragraph (2) . 2 The case referred to in sub-paragraph (1) is a case where— a a final notice relating to a compliance notice is served on a person or a third party undertaking is accepted from a person; b no final notice relating to a fixed monetary penalty is served on that person in respect of the same act or omission; and c that person fails to comply with the final notice relating to a compliance notice or the third party undertaking. 3 If a notice of intent relating to a fixed monetary penalty is served on any person— a no criminal proceedings for the offence in respect of the act or omission giving rise to the notice of intent may be instituted againt the person before the end of the period in which the person may discharge liability for the fixed monetary penalty pursuant to paragraph 2(3)(b); and b if the person so discharges liability, the person may not at any time be convicted of the offence in respect of that act or omission. Part 2 Stop Notices Stop notices 9 1 A regulator may serve a stop notice on any person in a case falling within sub-paragraph (3) or (4). 2 A “stop notice” is a notice prohibiting a person from carrying on an activity specified in the notice until the person has taken the steps specified in the notice. 3 A case falling within this sub-paragraph is a case where the regulator reasonably believes that— a the person is carrying on the activity; b the activity as carried on by that person is causing, or presents a significant risk of causing, serious harm to the environment (including the health of animals); and c the activity as carried on by that person involves or is likely to involve the commission of an offence under Part 2 of these Regulations. 4 A case falling within this sub-paragraph is a case where the regulator reasonably believes that— a the person is likely to carry on the activity; b the activity as likely to be carried on by that person will cause, or will present a significant risk of causing, serious harm to the environment (including the health of animals); and c the activity as likely to be carried on by that person will involve or will be likely to involve the commission of an offence under Part 2 of these Regulations. 5 The steps specified in the stop notice must be steps to remove or reduce the harm or risk of harm to the environment (including the health of animals). Contents of a stop notice 10 A stop notice must include information as to— a the grounds for serving the notice; b the steps the person must take to comply with the stop notice and the time limit for compliance; c rights of appeal; and d the consequences of failing to comply with the notice. Appeals against stop notices 11 1 The person on whom a stop notice is served may appeal against it. 2 The grounds for appeal are— a that the decision was based on an error of fact; b that the decision was wrong in law; c that the decision was unreasonable; d that any step specified in the notice is unreasonable; e that the person has not committed the offence and would not have committed it had the stop notice not been served; f that the person would not, by reason of any defence, have been liable to be convicted of the offence had the stop notice not been served. Completion certificates 12 1 Where, after service of a stop notice, the regulator is satisfied that the person has taken the steps specified in the notice, the regulator must issue a certificate to that effect (“a completion certificate”). 2 The stop notice ceases to have effect on the issue of a completion certificate. 3 The person on whom the stop notice is served may at any time apply for a completion certificate. 4 The regulator must make a decision as to whether to issue a completion certificate, and give written notice of the decision to the applicant, within 14 days of such an application. Appeals against decision not to issue a completion certificate 13 The person on whom the stop notice was served may appeal against a decision not to issue a completion certification on the grounds that the decision— a was based on an error of fact; b was wrong in law; c was unfair or unreasonable. Compensation 14 The regulator must compensate a person for loss suffered as the result of the service of a stop notice or the refusal of a completion certificate if— a the stop notice is subsequently withdrawn or amended by the regulator because the decision to serve it was unreasonable or any step specified in the notice was unreasonable; b the person successfully appeals against the stop notice and the First-tier Tribunal finds that the service of the notice was unreasonable; or c the person successfully appeals against the refusal of a completion certificate and the First-tier Tribunal finds that the refusal was unreasonable. Appeal against compensation decision 15 A person may appeal against a decision not to award compensation or the amount of compensation awarded— a on the grounds that the regulator’s decision was unreasonable; b on the grounds that the amount offered was based on incorrect facts. Offence 16 Where a person on whom a stop notice is served does not comply with it within the time limit specified in the notice, the person is guilty of an offence and liable— a on summary conviction, to a fine, or imprisonment for a term not exceeding the general limit in a magistrates’ court or both; or b on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both. Part 3 Enforcement Undertakings Enforcement undertakings 17 1 A regulator may accept a written undertaking given by a person in a case where the regulator has reasonable grounds to suspect that the person has committed an offence under Part 2 of these Regulations. 2 For the purposes of this Part, an “enforcement undertaking” is a written undertaking to take such action as may be specified in the undertaking within such a period as may be so specified. Contents of an enforcement undertaking 18 1 An enforcement undertaking must specify— a action to secure the offence does not continue or recur; b action (including the payment of a sum of money) to benefit any person affected by the offence; or c action that will secure benefit to the environment equivalent to restoration of what has been, or is likely to have been, damaged or destroyed by the commission of the offence. 2 It must specify the period within which the action must be completed. 3 It must include— a a statement that the undertaking is made in accordance with this Schedule ; b the terms of the undertaking; and c information as to how and when the person giving that undertaking is to be considered to have discharged the undertaking. 4 The enforcement undertaking may be varied, or the period within which the action must be completed may be extended, if the regulator and the person who gave the undertaking agree in writing. Acceptance of an enforcement undertaking 19 If a regulator has accepted an enforcement undertaking, then, unless the person from whom the undertaking is accepted has failed to comply with the undertaking or any part of it— a that person may not at any time be convicted of the offence in respect of the act or omission to which the undertaking relates; and b a regulator may not impose on that person a fixed monetary penalty, a compliance notice or a stop notice in respect of that act or omission. Discharge of an enforcement undertaking 20 1 If a regulator that has accepted an enforcement undertaking is satisfied that the enforcement undertaking has been complied with, it must issue a certificate to that effect. 2 The regulator may require the person who has given the undertaking to provide sufficient information to determine that the undertaking has been complied with. 3 The person who gave the undertaking may at any time apply for such a certificate. 4 The regulator must decide whether to issue such a certificate, and give written notice of the decision to the applicant, within 14 days of such an application. Inaccurate, misleading or incomplete information 21 1 A person who has given inaccurate, misleading or incomplete information or who has failed to give sufficient information as required under paragraph 20 (2) in relation to an enforcement undertaking is to be taken not to have complied with it. 2 A regulator may by notice in writing revoke a certificate which it issued under paragraph 20 if it was issued on the basis of inaccurate, misleading or incomplete information. Appeals against decisions not to issue a certificate and decisions to revoke a certificate 22 A person to whom a notice is given under paragraph 20 (4) refusing the issue of a certificate or paragraph 21 (2) revoking a certificate may appeal against the decision concerned on the grounds that the decision— a was based on an error of fact; b was wrong in law; c was unfair or unreasonable. Non-compliance with an enforcement undertaking 23 1 If an enforcement undertaking is not complied with, the regulator that accepted the undertaking may either— a take action to serve any other notice in accordance with this Schedule ; or b bring criminal proceedings. 2 If a person has complied partly but not fully with an enforcement undertaking, the regulator must take into account that partial compliance in bringing criminal proceedings or imposing any other sanction on the person. 3 Criminal proceedings for an offence to which an enforcement undertaking relates may be instituted at any time up to six months from the date on which the regulator notifies the person required to comply with that undertaking of that person’s failure to do so. Part 4 Non-compliance Penalties Non-compliance penalties 24 1 If a person fails to comply with a compliance notice or a third party undertaking, the regulator may serve a notice on that person imposing a monetary penalty (a “non-compliance penalty”) in respect of the same offence. 2 The amount of the penalty must be determined by the regulator, and must be a percentage of the costs of fulfilling any remaining requirements of the compliance notice, third party undertaking or enforcement undertaking. 3 The percentage must be determined by the regulator having regard to all the circumstances of the case and may, if appropriate, be 100%. 4 The notice must include information as to— a the grounds for imposing the non-compliance penalty; b the amount to be paid; c a detailed breakdown of how the penalty was calculated; d how payment may be made; e the period in which payment must be made, which must not be less than 28 days beginning with the day on which the notice was received; f rights of appeal; g the consequences of failure to make payment in the specified period; and h any circumstances in which the regulator may reduce the amount of the penalty. 5 If the requirements of the compliance notice are complied with or the third party undertaking is fulfilled within the time set for payment of the non-compliance penalty, the penalty is not payable. Appeals against non-compliance penalties 25 1 The person on whom the notice imposing the non-compliance penalty is served may appeal against it. 2 The grounds of appeal are— a that the decision was based on an error of fact; b that the decision was wrong in law; c that the decision was unfair or unreasonable; d that the amount of the penalty was unreasonable. Part 5 Administration and Appeals Withdrawing or amending a notice 26 A regulator may at any time in writing in relation to any notice served under this Schedule — a withdraw the notice; b reduce the amount of any penalty specified in the notice, except in the case of a fixed monetary penalty; or c amend the steps specified in a compliance notice or stop notice, in order to reduce the amount of work necessary to comply with the notice. Enforcement cost recovery notices 27 1 A regulator may serve a notice (an “enforcement cost recovery notice”) on a person on whom a compliance or stop notice has been served requiring that person to pay the costs incurred by the regulator in relation to the imposition of the requirement imposed by the notice concerned up to the time of its imposition. 2 Costs include in particular— a investigation costs; b administration costs; and c costs of obtaining expert advice (including legal advice). 3 The enforcement cost recovery notice must specify— a how payment may be made; b the amount required to be paid; c the period in which payment must be made, which must not be less than 28 days beginning with the day on which the notice was received; d the grounds for imposing the notice; e rights of appeal; and f the consequences of a failure to comply with the notice in the specified period. 4 The person on whom the notice is served may require the regulator to provide a detailed breakdown of the amount. 5 The person required to pay costs is not liable to pay any costs shown by that person to have been unnecessarily incurred. 6 The regulator must publish guidance about its use of enforcement cost recovery notices. 7 The regulator must revise the guidance where appropriate. 8 The regulator must have regard to the guidance or revised guidance in exercising its functions. Appeals against enforcement cost recovery notices 28 The person required to pay costs may appeal— a against the decision of the regulator to impose the requirement to pay costs; b against the decision of the regulator as to the amount of those costs. Power to recover payments 29 A regulator may recover any fixed monetary penalty, non-compliance penalty or costs specified in an enforcement cost recovery notice imposed under this Schedule , on the order of a court, as if payable under a court order. Appeals: general provisions 30 1 An appeal under paragraph 7 , 11 , 13 , 15 , 22 , 25 or 28 of this Schedule is to the First-tier Tribunal. 2 All notices (other than stop notices) are suspended pending the determination or withdrawal of the appeal. 3 The First-tier Tribunal may, in relation to the imposition of a requirement or service of a notice under this Schedule — a set aside the requirement or notice; b confirm the requirement or notice; c vary the requirement or notice or any part of it; d take such steps as the regulator could have taken in relation to the act or omission giving rise to the requirement or notice; or e remit the decision whether to confirm the requirement or notice, or any matter relating to that decision, to the regulator. Explanatory Note (This note is not part of the Regulations) These Regulations, which apply in relation to England, prohibit persons from supplying or offering to supply wet wipes containing plastic (see definitions in regulation 2 ). Part 2 prohibits the supply of wet wipes containing plastic subject to certain exemptions ( regulations 5 to 7 ). The exemptions include the supply of wet wipes containing plastic by registered pharmacies, supply for medical purposes, supply to businesses, or supply to local authorities. Breach of the prohibition is an offence ( regulation 3 ). It is a defence for a person to show that they took all reasonable steps and exercised all due diligence to avoid committing the offence ( regulation 8 ). A civil sanctions regime enables regulators to impose a range of civil sanctions ( regulation 10 and the Schedule ). These are fixed monetary penalties, compliance notices, stop notices and enforcement undertakings. These Regulations make provision for the procedure relating to these sanctions and the available appeal mechanisms. Failure to comply with a stop notice is an offence ( paragraph 16 of the Schedule ). All appeals relating to a civil sanction are to the First-tier Tribunal. Regulations 9 and 11 provide for enforcement officers to have powers of entry to carry out the necessary investigation in order to determine whether an offence has been committed. Regulation 12 provides for the publication of information on enforcement action taken by regulators. Regulation 13 makes provision on guidance relating to the use of civil sanctions and specifies the information to be included in such guidance. Regulation 14 contains provision for review of the Regulations. Regulators are able to recover the costs of enforcement ( paragraph 27 of the Schedule ) in the case of compliance notices and stop notices and must issue guidance about their use of enforcement cost recovery notices. A full impact assessment of the effect that these Regulations will have on the costs of business and the voluntary sectors is available from the Department for Environment, Food and Rural Affairs, 2 Marsham Street, London SW1P 4DF, and published alongside these Regulations and its Explanatory Memorandum at www.legislation.gov.uk . 1990 c. 43 . Section 140(3)(c) was amended by S.I. 1999/1108 . 2008 c. 13 . Section 140(6)(b) was amended by S.I. 2012/1923 . For the purposes of these Regulations, “ regulator ” has the meaning given by regulation 2, rather than the meaning given by section 37 of the 2008 Act. 2006 c. 41 . 2011 c. 25 . 2010 c. 4 . Section 202 has been amended by paragraph 27(2) of Schedule 6 to the Finance Act 2010 (c. 13) , section 35(5) of the Finance Act 2014 (c. 26) and S.I. 2012/964 . EUR 2006/1907. S.I. 2012/1916 , to which there are amendments not relevant to these Regulations. 2002 c. 17 . Section 25(3) has been amended by paragraph 17(2) and (3) of Schedule 10 to the Health and Social Care Act 2008 (c. 14) , paragraph 10(2) of Schedule 4 to the Pharmacy Order 2010 ( S.I. 2010/231 ), paragraph 56(b) of Schedule 15 to the Health and Social Care Act 2012 (c. 7) and paragraph 2(2) of Schedule 4 to the Children and Social Work Act 2017 (c. 16) . S.I. 2013/349 , to which there are amendments not relevant to these Regulations. 2015 c. 26 . Sections 28 to 32 of the Act make provision in respect of review provisions as they apply to qualifying activities. “Qualifying activity” is defined in section 29(2).
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[uk-legislation-uksi][uksi] 2025-11-25 The Economic Crime (Anti-Money Laundering) Levy (Amendment) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1146/made
http://www.legislation.gov.uk/uksi/2025/1146/made The Economic Crime (Anti-Money Laundering) Levy (Amendment) Regulations 2025 King's Printer of Acts of Parliament 2025-11-04 ECONOMIC CRIME (ANTI-MONEY LAUNDERING) LEVY These Regulations make provision about the repayment of overpaid amounts of the economic crime (anti-money laundering) levy (“the levy”) which is charged in accordance with Part 3 of the Finance Act 2022 (c. 3). These Regulations amend the Economic Crime (Anti-Money Laundering) Levy Regulations 2022 (S.I. 2022/269, “the 2022 Regulations”). 2025 No. 1146 ECONOMIC CRIME (ANTI-MONEY LAUNDERING) LEVY The Economic Crime (Anti-Money Laundering) Levy (Amendment) Regulations 2025 Made 30th October 2025 Laid before the House of Commons 4th November 2025 Coming into force 25th November 2025 The Commissioners of His Majesty’s Revenue and Customs make these Regulations in exercise of the powers conferred by sections 58(2), (3)(l), (6) and (7) and 64(1) and (3) of the Finance Act 2022 . Before making these Regulations, the HMRC Commissioners have consulted the Treasury and each of the other appropriate collection authorities in accordance with section 64(5) of the Finance Act 2022. Citation and commencement 1 These Regulations may be cited as the Economic Crime (Anti-Money Laundering) Levy (Amendment) Regulations 2025 and come into force on 25th November 2025. Amendment of the Economic Crime (Anti-Money Laundering) Levy Regulations 2022 2 1 The Economic Crime (Anti-Money Laundering) Levy Regulations 2022 are amended as follows. 2 In regulation 18 (Repayment of overpaid levy), after paragraph (3) insert— 4 In relation to amounts treated as if the HMRC Commissioners were the appropriate collection authority under regulation 25, the HMRC Commissioners are the appropriate collection authority for the purposes of paragraph (1). . Penny Ciniewicz Jonathan Athow Two Commissioners of His Majesty's Revenue and Customs 30th October 2025 Explanatory Note (This note is not part of the Regulations) These Regulations make provision about the repayment of overpaid amounts of the economic crime (anti-money laundering) levy (“the levy”) which is charged in accordance with Part 3 of the Finance Act 2022 (c. 3) . These Regulations amend the Economic Crime (Anti-Money Laundering) Levy Regulations 2022 ( S.I. 2022/269 , “ the 2022 Regulations ”). Regulation 2 ensures that where the Financial Conduct Authority or the Gambling Commission has transferred responsibility to the HMRC Commissioners in relation to unpaid amounts of the levy under regulation 25 of the 2022 Regulations, and a person has then paid an amount of the levy that was not due, then HMRC Commissioners are the appropriate collection authority responsible for any repayment. 2022 c. 3 The other appropriate collection authorities are the Financial Conduct Authority and the Gambling Commission; see section 53(3) of the Finance Act 2022. S.I. 2022/269
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[uk-legislation-uksi][uksi] 2025-11-26 The Milton Keynes (Electoral Changes) Order 2025
http://www.legislation.gov.uk/uksi/2025/1237/made
http://www.legislation.gov.uk/uksi/2025/1237/made The Milton Keynes (Electoral Changes) Order 2025 King's Printer of Acts of Parliament 2025-11-26 LOCAL GOVERNMENT, ENGLAND This Order makes changes to electoral arrangements for the city of Milton Keynes following recommendations made by the Local Government Boundary Commission for England. This Order does not change the boundary of the city itself. The Milton Keynes (Electoral Changes) Order 2025 2025 No. 1237 LOCAL GOVERNMENT, ENGLAND The Milton Keynes (Electoral Changes) Order 2025 Made 18th November 2025 Coming into force in accordance with article 1(2), (3), (4) and (5) Under section 58(4) of the Local Democracy, Economic Development and Construction Act 2009 (“ the Act ”) the Local Government Boundary Commission for England (“ the Commission ”) published a report dated June 2025 stating its recommendations for changes to the electoral arrangements for the city of Milton Keynes. The Commission has decided to give effect to the recommendations. A draft of the instrument has been laid before Parliament and a period of forty days has expired since the day on which it was laid and neither House has resolved that the instrument be not made. The Commission makes the following Order in exercise of the power conferred by section 59(1) of the Act. Citation, commencement, extent and application 1 1 This Order may be cited as the Milton Keynes (Electoral Changes) Order 2025. 2 This article and article 2 come into force on the day after the day on which this Order is made. 3 Articles 3 and 4 come into force— a for the purpose of proceedings preliminary or relating to the election of councillors, on the day after the day on which this Order is made; b for all other purposes, on the ordinary day of election of councillors in England in 2026. 4 Articles 5 and 6 come into force— a for the purpose of proceedings preliminary or relating to the election of councillors, on 15th October 2026; b for all other purposes, on the ordinary day of election of councillors in England in 2027. 5 Article 7 comes into force— a for the purpose of proceedings preliminary or relating to the election of councillors, on 15th October 2027; b for all other purposes, on the ordinary day of election of councillors in England in 2028. 6 This Order extends to England and Wales but applies in relation to England only. Interpretation 2 1 In this Order, “ the map ” means the map marked “Map referred to in the Milton Keynes (Electoral Changes) Order 2025” held by the Local Government Boundary Commission for England . 2 Where a boundary is shown on the map as running along a road, railway line, footway, watercourse, or similar geographical feature, it is to be treated as running along the centre line of that feature. Wards of the city of Milton Keynes and number of councillors 3 1 The existing wards of the city of Milton Keynes are abolished. 2 The city of Milton Keynes is divided into the 21 wards listed in the first column of the table in Schedule 1. 3 Each ward comprises the area identified on the map by reference to the name of the ward. 4 The number of councillors to be elected for each ward is the number specified in relation to that ward in the second column of the table in Schedule 1. Elections of the city of Milton Keynes 4 1 Elections of all councillors for each ward of the city of Milton Keynes are to be held simultaneously on the ordinary day of election of councillors in England in 2026. 2 The councillors holding office for any ward abolished by article 3(1) immediately before the fourth day after the ordinary day of election of councillors in England in 2026 are to retire on that fourth day and the newly elected councillors are to come into office on that fourth day. 3 Of the councillors elected for a ward in 2026, each is to retire in accordance with the provision made in the table in Schedule 2. 4 Of the councillors elected for a ward in 2026— a the first councillor for each ward to retire is to be the councillor elected by the smallest number of votes, and b the second councillor for each ward to retire is to be the councillor elected by the next smallest number of votes. 5 In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year is to be determined by lot. 6 If an election of councillors for any ward is not contested, the person to retire in each year is to be determined by lot. 7 An election to replace a councillor who is to retire under paragraph (3) is to be held on the ordinary day of election of councillors in England in the year in which the retirement is due to take place, and any newly elected councillor is to come into office on the fourth day after that day. 8 Where under this article any question is to be determined by lot, the lot is to be drawn at the next practicable meeting of the council after the question has arisen and the drawing is to be conducted under the direction of the person presiding at the meeting. Parish wards of the parishes of Broughton & Milton Keynes, Kents Hill & Monkston, Stantonbury and Walton and number of councillors 5 1 The existing parish wards of the parishes of Broughton & Milton Keynes, Kents Hill & Monkston, Stantonbury and Walton are abolished. 2 The parish of Broughton & Milton Keynes is divided into the two parish wards listed in the first column of table 1 in Schedule 3. 3 The parish of Kents Hill & Monkston is divided into the three parish wards listed in the first column of table 2 in Schedule 3. 4 The parish of Stantonbury is divided into the five parish wards listed in the first column of table 3 in Schedule 3. 5 The parish of Walton is divided into the five parish wards listed in the first column of table 4 in Schedule 3. 6 Each parish ward comprises the area identified on the map by reference to the name of the parish ward. 7 The number of councillors to be elected for each parish ward is the number specified in relation to that parish ward in the second column of the relevant table in Schedule 3. Parish wards of the parish of Whitehouse and number of councillors 6 1 The parish of Whitehouse is divided into two parish wards, namely— a East; b West. 2 Each parish ward comprises the area identified on the map by reference to the name of the parish ward. 3 The number of councillors to be elected for each parish ward is the number specified in relation to that parish ward in the second column of the table in Schedule 4. Parish wards of the parish of Bletchley & Fenny Stratford and number of councillors 7 1 The existing parish wards of the parish of Bletchley & Fenny Stratford are abolished. 2 The parish of Bletchley & Fenny Stratford is divided into the nine parish wards listed in the first column of the table in Schedule 5. 3 Each parish ward comprises the area identified on the map by reference to the name of the parish ward. 4 The number of councillors to be elected for each parish ward is the number specified in relation to that parish ward in the second column of the table in Schedule 5. Sealed with the seal of the Local Government Boundary Commission for England Ailsa Irvine Chief Executive Local Government Boundary Commission for England 18th November 2025 Schedules Schedule 1 Wards of the city of Milton Keynes and number of councillors Article 3(2) City ward Number of councillors Bletchley Park & Fenny Stratford 3 Bletchley South 3 Bletchley West 3 Bradwell 3 Broughton & Moulsoe 3 Campbell Park & Willen 3 Central Milton Keynes 3 Danesborough 3 Furzton 3 Great Linford 3 Hanslope 1 New Bradwell 2 Newport Pagnell 3 Olney & Rural 3 Ouzel Valley 3 Stony Stratford 3 Tattenhoe 3 Walton 3 Watling 3 Wolverton 3 Woughton & Fishermead 3 Schedule 2 Retirement of councillors elected in 2026 Article 4(3) City ward Number of councillors to retire in 2027 Number of councillors to retire in 2028 Number of councillors to retire in 2030 Bletchley Park & Fenny Stratford 1 1 1 Bletchley South 1 1 1 Bletchley West 1 1 1 Bradwell 1 1 1 Broughton & Moulsoe 1 1 1 Campbell Park & Willen 1 1 1 Central Milton Keynes 1 1 1 Danesborough 1 1 1 Furzton 1 1 1 Great Linford 1 1 1 Hanslope 0 0 1 New Bradwell 0 1 1 Newport Pagnell 1 1 1 Olney & Rural 1 1 1 Ouzel Valley 1 1 1 Stony Stratford 1 1 1 Tattenhoe 1 1 1 Walton 1 1 1 Watling 1 1 1 Wolverton 1 1 1 Woughton & Fishermead 1 1 1 Schedule 3 Parish wards of the parishes of Broughton & Milton Keynes, Kents Hill & Monkston, Stantonbury and Walton and number of councillors Article 5(2) Table 1 Parish wards of the parish of Broughton & Milton Keynes and number of councillors Parish ward Number of councillors Broughton & Atterbury 9 Village 3 Table 2 Parish wards of the parish of Kents Hill & Monkston and number of councillors Parish ward Number of councillors Kents Hill & Kingston 4 Monkston 5 Monkston Park 2 Table 3 Parish wards of the parish of Stantonbury and number of councillors Parish ward Number of councillors Bancroft 1 Blue Bridge 1 Bradville & Stantonbury 6 Linford Wood 3 Oakridge Park 2 Table 4 Parish wards of the parish of Walton and number of councillors Parish ward Number of councillors Browns Wood & Old Farm Park 2 Caldecotte 1 Glebe Farm 1 Walnut Tree & Walton Park 4 Wavendon Gate 2 Schedule 4 Parish wards of the parish of Whitehouse and number of councillors Article 6(3) Parish ward Number of councillors East 3 West 4 Schedule 5 Parish wards of the parish of Bletchley & Fenny Stratford and number of councillors Article 7(2) Parish ward Number of councillors Central Bletchley 1 Eaton North 3 Eaton South 2 Fenny Stratford 3 Granby 1 Manor North & Eaton Leys 2 Manor South 3 Newton Leys 4 Queensway & Denbigh West 2 Explanatory Note (This note is not part of the Order) This Order makes changes to electoral arrangements for the city of Milton Keynes following recommendations made by the Local Government Boundary Commission for England. This Order does not change the boundary of the city itself. Article 3 abolishes the existing electoral wards of the city of Milton Keynes and replaces them with the 21 new ones listed in Schedule 1 for the purpose of elections held on or after the ordinary day of election of councillors in England in 2026. It also establishes the names and areas of the new electoral wards and the number of councillors for each. Article 4 makes provision for a whole council election in 2026. Subsequently, the council will revert to the existing system of election by thirds. Article 4 also provides for the order of retirement of councillors in 2027, 2028 and 2030 and the election of their replacements. Article 5 makes changes to parish wards that are consequential on the changes made by article 3. The changes to parish wards introduced by article 5 come into force for the purpose of parish elections in 2027 and in respect of subsequent parish elections. Article 6 makes similar provision specifically for the new parish wards of the parish of Whitehouse, which was previously un-warded, for the purpose of parish elections in 2027 and in respect of subsequent parish elections. Article 7 makes similar provision specifically for the new parish wards of the parish of Bletchley & Fenny Stratford, for the purpose of parish elections in 2028 and in respect of subsequent parish elections. The area covered by each ward created by this Order is identified on a map which is available for inspection at reasonable times at the principal office of the Local Government Boundary Commission for England, 7th Floor, 3 Bunhill Row, London EC1Y 8YZ. The map is also accessible online at: https://www.lgbce.org.uk/all-reviews/milton-keynes/ . A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. 2009 c. 20 . The Local Government Boundary Commission for England was established on 1st April 2010 by section 55(1) of the Local Democracy, Economic Development and Construction Act 2009 (c. 20) . The report is available for inspection at reasonable times at the principal office of the Local Government Boundary Commission for England, 7th Floor, 3 Bunhill Row, London EC1Y 8YZ. It is also accessible online at: https://www.lgbce.org.uk/all-reviews/milton-keynes/ /. The ordinary day of election of councillors in England is prescribed by section 37(1) of the Representation of the People Act 1983 (c. 2) , as amended by section 18(2) of the Representation of the People Act 1985 (c. 50) , renumbered by paragraph 5 of Schedule 3 to the Greater London Authority Act 1999 (c. 29) , and further amended by section 6(16) of the Wales Act 2017 (c. 4) . The map is available for inspection at reasonable times at the principal office of the Local Government Boundary Commission for England, 7th Floor, 3 Bunhill Row, London EC1Y 8YZ. It is also accessible online at: https://www.lgbce.org.uk/all-reviews/milton-keynes/ .
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[uk-legislation-uksi][uksi] 2025-11-26 The Broadcasting (Regional Programme-making and Original Productions) (Amendment) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1228/made
http://www.legislation.gov.uk/uksi/2025/1228/made The Broadcasting (Regional Programme-making and Original Productions) (Amendment) Regulations 2025 King's Printer of Acts of Parliament 2025-11-25 BROADCASTING These Regulations create new provisions in relation to quotas for regional programme-making and amend the Broadcasting (Original Productions) Order 2004 (S.I. 2004/1652) (“the 2004 Order”) in order to implement provisions set out in the Media Act 2024 (c. 15) (“the 2024 Act”) relating to programme-making quotas for original and regional productions for Channels 3, 4 and 5, and for S4C. The Broadcasting (Regional Programme-making and Original Productions) (Amendment) Regulations 2025 2025 No. 1228 BROADCASTING The Broadcasting (Regional Programme-making and Original Productions) (Amendment) Regulations 2025 Made 20th November 2025 Coming into force 1st January 2026 The Secretary of State makes these Regulations in exercise of the powers conferred by sections 278(6), 278(7A), 278C(2) and 278C(5) of, and paragraph 8(6) and (7A) of Schedule 12 to, the Communications Act 2003 . The Secretary of State has consulted OFCOM, the BBC and S4C in accordance with sections 278(8) and 278C(9) of, and paragraph 8(8) of Schedule 12 to, the Communications Act 2003 . A draft of these Regulations has been laid before Parliament and approved by a resolution of each House of Parliament in accordance with sections 278(9) and 278C(10) of, and paragraph 8(9) of Schedule 12 to, the Communications Act 2003. Citation, commencement and extent 1 1 These Regulations may be cited as the Broadcasting (Regional Programme-making and Original Productions) (Amendment) Regulations 2025, and come into force on 1st January 2026. 2 These Regulations extend to England and Wales, Scotland and Northern Ireland. Regional programme-making quotas - functions conferred on OFCOM 2 1 OFCOM must determine whether qualifying audiovisual content that is made available by a person in the circumstances described in paragraph (2) may be counted towards meeting a regional programme-making quota condition. 2 Those circumstances are that the person has previously made available audiovisual content consisting of the same or substantially the same material (whether in the same year or a previous year). 3 In this regulation, a “ regional programme-making quota condition ” means a condition that forms part of the regulatory regime of a licensed public service channel by virtue of the following provisions of the Communications Act 2003— a section 286(1)(a) and (aa) or (3)(a) and (aa) or section 288(1)(a) and (aa) (regional programme-making quotas relating to duration) ; b section 286(1)(c) or (3)(c) or 288(1)(c) (regional programme-making quotas relating to expenditure) , where the condition is framed by reference to the making available of qualifying audiovisual content. Amendment of the Broadcasting (Original Productions) Order 2004 3 1 The Broadcasting (Original Productions) Order 2004 is amended as follows. 2 In article 3 (meaning of “original productions” for licensed public service channels), for paragraph (a) (but not the “and” after it) substitute— a are commissioned by or for the provider of a licensed public service channel with a view to their first being made available in the United Kingdom on a service that is a qualifying audiovisual service; . 3 After article 3, insert— Original productions quota conditions (licensed public service channels) - functions conferred on OFCOM 3A 1 OFCOM must determine whether qualifying audiovisual content that is made available by a person in the circumstances described in paragraph (2) may be counted towards meeting an original productions quota condition. 2 Those circumstances are that the person has previously made available audiovisual content consisting of the same or substantially the same material (whether in the same year or a previous year). 3 OFCOM may provide in an original productions quota condition that original productions of a description specified in the licence may not be counted towards meeting an original productions quota condition. 4 OFCOM must prepare and publish guidance about the determination of whether an original production falls within a description specified in a licence by virtue of paragraph (3). 5 OFCOM may provide in an original productions quota condition that the holder of the licence must have regard to that guidance. 6 In this article, an “ original productions quota condition ” means a condition that forms part of the regulatory regime of a licensed public service channel by virtue of section 278(1) of the Communications Act 2003 (programming quotas for original productions) . . 4 In article 4— a in the heading, for “designated public services of the Welsh Authority” substitute “S4C” ; b omit “, in relation to the designated public services of the Welsh Authority,”; c for paragraph (a) (but not the “and” after it) substitute— a are commissioned by or for S4C with a view to their first being made available in the United Kingdom on a service that is a qualifying audiovisual service; . 5 After article 4, insert— Original productions duties (S4C) - functions conferred on OFCOM 4A 1 OFCOM must determine whether qualifying audiovisual content that is made available by S4C in the circumstances described in paragraph (2) may be counted towards meeting any S4C original productions duty. 2 Those circumstances are that S4C has previously made available audiovisual content consisting of the same, or substantially the same, material (whether in the same year or a previous year). 3 OFCOM may give a direction to S4C that original productions of a description specified in the direction may not be counted towards meeting a S4C original productions duty. 4 Before giving such a direction, OFCOM must consult S4C. 5 OFCOM must prepare and publish guidance about the determination of whether an original production falls within a description specified in a direction given by virtue of paragraph (3). 6 S4C must have regard to that guidance. 7 In this article, a “ S4C original productions duty ” means a duty of S4C under or by virtue of paragraph 8(1) of Schedule 12 to the Communications Act 2003 . . Ian Murray Minister of State Department for Culture, Media and Sport 20th November 2025 Explanatory Note (This note is not part of the Regulations) These Regulations create new provisions in relation to quotas for regional programme-making and amend the Broadcasting (Original Productions) Order 2004 ( S.I. 2004/1652 ) (“ the 2004 Order ”) in order to implement provisions set out in the Media Act 2024 (c. 15) (“ the 2024 Act ”) relating to programme-making quotas for original and regional productions for Channels 3, 4 and 5, and for S4C. Regulation 2 confers functions on OFCOM in relation to regional programme-making quotas in relation to whether content already made available in the same or substantially the same form (“repeats”) may be counted towards meeting a programme-making quota. Paragraph (2) of regulation 3 amends the definition of “ original productions ” for the purposes of section 278 of the Communication Act 2003 (c. 21) (programming quotas for original productions) in article 3 of the 2004 Order, in order to take account of changes made by the 2024 Act. Paragraphs (3) and (5) of regulation 3 insert two new articles into the 2004 Order. These require OFCOM to determine whether “repeats” may be counted towards meeting an original production quota of a licensed public service channel or S4C, respectively. These new articles also confer further functions on OFCOM regarding how such a determination is made. Paragraph (4) of regulation 3 amends the definition of “ original productions ” for the purposes of paragraph 8 of Schedule 12 to the Communications Act 2003 (programme quotas for original productions: S4C) in article 4 of the 2004 Order, in order to take account of changes made by the 2024 Act, and replaces references to “the Welsh Authority” with references to S4C. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. 2003 c. 21 . Section 278(7A) was inserted by section 9(4) of the Media Act 2024 (c. 15) and section 278C was inserted by section 12 of that Act. Paragraph 8(6) of Schedule 12 was amended, and paragraph 8(7A) of that Schedule was inserted, by paragraph 3 of Schedule 1 to the Media Act 2024. Section 278(8) was amended by paragraph 36 of Schedule 4 to the Media Act 2024 and paragraph 8(8) of Schedule 12 was amended by paragraph 56 of Schedule 4 to that Act. “Qualifying audiovisual content” is defined in section 278B(1) of the Communications Act 2003 (c. 21) , which was inserted by section 11 of the Media Act 2024. Section 286(1)(a) and (aa) and (3)(a) and (aa) and section 288(1)(a) and (aa) were substituted by section 14 of the Media Act 2024. Sections 286(1)(c) and (3)(c) and 288(1)(c) were amended by section 14 of the Media Act 2024. S.I. 2004/1652 , as amended by S.I. 2013/2217 and S.I. 2019/224 . Section 278(1) was substituted by section 9 of the Media Act 2024. Paragraph 8(1) of Schedule 12 was substituted by paragraph 3 of Schedule 1 to the Media Act 2024.
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[uk-legislation-uksi][uksi] 2025-11-26 The Extradition Act 2003 (Amendment to Designations) Order 2025
http://www.legislation.gov.uk/uksi/2025/1214/made
http://www.legislation.gov.uk/uksi/2025/1214/made The Extradition Act 2003 (Amendment to Designations) Order 2025 King's Printer of Acts of Parliament 2025-11-21 EXTRADITION This Order amends the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 (“the Part 2 Order”) (S.I. 2003/3334). The Extradition Act 2003 (Amendment to Designations) Order 2025 2025 No. 1214 EXTRADITION The Extradition Act 2003 (Amendment to Designations) Order 2025 Made 19th November 2025 Coming into force 26th November 2025 The Secretary of State makes this Order in exercise of the powers conferred by sections 69(1), 71(4), 73(5), 74(11)(b), 84(7), 86(7) and 223(3)(b) and (8) of the Extradition Act 2003 . In accordance with section 223(5) of that Act, a draft of this Order has been laid before Parliament and approved by a resolution of each House of Parliament. Citation, commencement, extent and transitional provision 1 1 This Order may be cited as the Extradition Act 2003 (Amendment to Designations) Order 2025 and comes into force on the seventh day after the day on which it is made. 2 This Order extends to England and Wales, Scotland and Northern Ireland. 3 Article 2 of this Order shall not apply to a case in respect of which— a the Secretary of State has issued a certificate under section 70 of the Extradition Act 2003 , or b a person has been arrested under a provisional warrant issued under section 73(3) of that Act , before the coming into force of this Order. Amendment of Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 2 1 The Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 is amended as follows. 2 In article 2(2)— a omit “Hong Kong Special Administrative Region,”; b after “Zambia” omit “, Zimbabwe . 3 In article 3(2), after “Canada,” insert “Chile,” . 4 Omit article 3(3). 5 In article 4(2)— a omit “Chile (65 days)”; b omit “Hong Kong Special Administrative Region (65 days)”. Dan Jarvis Minister of State Home Office 19th November 2025 Explanatory Note (This note is not part of the Order) This Order amends the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 (“ the Part 2 Order ”) ( S.I. 2003/3334 ). Article 1(3) of this Order is a transitional provision, which ensures that the changes in designation do not apply where specified steps in the extradition proceedings have taken place before the coming into force of this Order. The treaty between the Government of the Hong Kong Special Administrative Region of the People’s Republic of China and the Government of the United Kingdom of Great Britain and Northern Ireland for the Surrender of Fugitive Offenders 1998 has been suspended. Consequently, there is no international agreement or arrangement in place to underpin the designation of the Hong Kong Special Administrative Region for the purposes of Part 2 of the Extradition Act 2003 (“ the 2003 Act ”). Article 2(2)(a), (4) and (5)(b) of this Order omits the Hong Kong Special Administrative Region from the Part 2 Order meaning that it is no longer a designated Part 2 territory. Cooperation can instead take place under section 194 of the 2003 Act on a case by case basis. Zimbabwe is no longer party to the London Scheme for Extradition within the Commonwealth (1996) (“ the London Scheme ”). Consequently there is no international agreement or arrangement in place to underpin the designation of Zimbabwe for the purposes of Part 2 of the 2003 Act. Article 2(2)(b) of this Order omits Zimbabwe from the Part 2 Order meaning that it is no longer a designated Part 2 territory. Cooperation can instead take place under section 194 of the 2003 Act on a case by case basis. Chile acceded to the European Convention on Extradition 1957 (ETS No. 024) (“ the 1957 Convention ”) on 3 March 2025. To enable the UK to process extradition requests from Chile in accordance with the provisions of the 1957 Convention, this Order amends Chile’s designation for the purposes of Part 2 of the 2003 Act. Article 2(3) of this Order amends article 3(2) of the Part 2 Order to designate Chile as a Part 2, category A territory. Article 2(5)(a) of this Order removes Chile from article 4(2) of the Part 2 Order to reflect the fact that the applicable time frame for providing a request for extradition and required documents following provisional arrest is now governed by the 1957 Convention. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. 2003 c. 41 Section 70 was amended by Schedule 13 to the Police and Justice Act 2006 (c. 48) and Schedule 20 to the Crime and Courts Act 2013 (c. 22) ; there are other amendments to section 70 which are not relevant to this Order. There are amendments to section 73 which are not relevant to this Order. S.I. 2003/3334 , amended by S.I. 2004/1898 , 2005/365 , 2005/2036 , 2006/3451 , 2007/2238 , 2008/1589 , 2010/861 , 2013/1583 , 2015/992 , 2019/742 , 2020/265 and section 11(2) of the European Union (Future Relationship) Act 2020 (c. 29) .
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[uk-legislation-uksi][uksi] 2025-11-27 The Family Procedure (Amendment) Rules 2025
http://www.legislation.gov.uk/uksi/2025/1242/made
http://www.legislation.gov.uk/uksi/2025/1242/made The Family Procedure (Amendment) Rules 2025 King's Printer of Acts of Parliament 2025-11-27 FAMILY PROCEEDINGS SENIOR COURTS OF ENGLAND AND WALES FAMILY COURT, ENGLAND AND WALES These Rules amend the Family Procedure Rules 2010 (S.I. 2010/2955) (“the FPR”). 2025 No. 1242 (L. 10) FAMILY PROCEEDINGS SENIOR COURTS OF ENGLAND AND WALES FAMILY COURT, ENGLAND AND WALES The Family Procedure (Amendment) Rules 2025 Made 20th November 2025 Laid before Parliament 27th November 2025 Coming into force in accordance with rule 1(3) The Family Procedure Rule Committee makes these Rules in exercise of the powers conferred by sections 75 and 76(8) of the Courts Act 2003 , having fulfilled the requirements of section 79(1) of that Act. Citation, extent and commencement 1 1 These Rules may be cited as the Family Procedure (Amendment) Rules 2025. 2 These Rules extend to England and Wales. 3 These Rules come into force as follows— a this rule and rules 2 and 3 come into force on 5th January 2026; b rule 5 comes into force on 2nd March 2026; and c rule 4 comes into force on 1st June 2026. Amendment of the Family Procedure Rules 2010 2 The Family Procedure Rules 2010 are amended in accordance with rules 3 to 5 of these Rules. Amendment of rule 16.4 3 In rule 16.4 (appointment of a children’s guardian in proceedings not being specified proceedings or proceedings to which Part 14 applies), in paragraph (1) omit “8.42 or”. Amendment of rule 29.1 4 In rule 29.1 (personal details), in paragraph (1)— a after “reveal” insert “to anyone other than the court” ; and b in sub-paragraph (a) for “the party’s” substitute “their own, or another party’s” . Amendment of rule 30.3 5 In rule 30.3 (permission)— a in paragraph (1B)(a) for “or costs judge” substitute “, costs judge, a lay justice or a bench of lay justices” ; b in paragraph (3) for “An” substitute “Subject to paragraph (3A), an” ; and c after paragraph (3) insert— 3A Where an application for permission to appeal is against a decision— a made by a lay justice or a bench of lay justices; or b of a type specified for the purposes of this rule in Practice Direction 30A, the application for permission to appeal must be made to the appeal court in an appeal notice. . Sir Andrew McFarlane, President of the Family Division Poonam Bhari Graeme Fraser His Honour Judge Humphreys Jennifer Kingsley District Judge Nelson Helen Sewell Her Honour Judge Suh Rhys Taylor I allow these Rules. Signed by authority of the Lord Chancellor Levitt Parliamentary Under-Secretary of State Ministry of Justice 20th November 2025 Explanatory Note (This note is not part of the Rules) These Rules amend the Family Procedure Rules 2010 ( S.I. 2010/2955 ) (“the FPR”). Rule 3 makes a minor amendment to rule 16.4 FPR to remove a cross-reference to rule 8.42 FPR, as that rule was omitted by the Family Procedure (Amendment) Rules 2023 ( S.I. 2023/61 ). Rule 4 amends rule 29.1 FPR. That rule previously enabled a party to indicate to the court that their own contact details should be kept confidential. The amendments clarify that those details should be kept confidential to the court, and enable a party to give such an indication in respect of their own, or another party’s, contact details. Rule 5(a) amends rule 30.3(1B) FPR to provide that where a person wishes to appeal against a decision of the family court made by a lay justice, a bench of lay justices, or a decision of a type specified in Practice Direction 30A, they must first seek permission to appeal. Rule 5(b) inserts a new paragraph (3A) to rule 30.3 FPR to provide that such an application for permission to appeal must be made to the appeal court (so not to the court which made the decision in relation to which permission to appeal is sought). A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. 2003 c. 39 . Section 75 was amended by paragraphs 308 and 338 of Part 1 of Schedule 4 and Part 2 of Schedule 18 to the Constitutional Reform Act 2005 (c. 4) , paragraphs 83 and 91 of Part 2 of Schedule 10 to the Crime and Courts Act 2013 (c. 22) and paragraph 3(1) and (2) of Schedule 4 to the Judicial Review and Courts Act 2022 (c. 35) . S.I. 2010/2955 . Relevant amendments were made by S.I. 2013/530 , 2014/667 , 2014/3296 , 2016/891 , 2016/901 , 2022/44 , 2023/61 and 2024/1016 .
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[uk-legislation-uksi][uksi] 2025-11-27 The Commission for Tertiary Education and Research (Decision Review) (Wales) Regulations 2025
http://www.legislation.gov.uk/wsi/2025/1241/made
http://www.legislation.gov.uk/wsi/2025/1241/made The Commission for Tertiary Education and Research (Decision Review) (Wales) Regulations 2025 en King's Printer of Acts of Parliament 2025-11-27 EDUCATION, WALES These Regulations make provision in relation to reviews of decisions made, and notices and directions given, by the Commission for Tertiary Education and Research (“the Commission”) under sections 45 and 78 of the Tertiary Education and Research (Wales) Act 2022. 2025 No. 1241 (W. 200) Education, Wales The Commission for Tertiary Education and Research (Decision Review) (Wales) Regulations 2025 Made 25 November 2025 Laid before Senedd Cymru 27 November 2025 Coming into force 25 December 2025 The Welsh Ministers make the following Regulations in exercise of the powers conferred on them by section 79(3) and (4) of the Tertiary Education and Research (Wales) Act 2022 . Title and coming into force 1 1 The title of these Regulations is the Commission for Tertiary Education and Research (Decision Review) (Wales) Regulations 2025. 2 These Regulations come into force on 25 December 2025. Interpretation 2 In these Regulations— “ the 2022 Act ” (“ Deddf 2022 ”) means the Tertiary Education and Research (Wales) Act 2022; “ the Commission ” (“ y Comisiwn ”) means the Commission for Tertiary Education and Research; “ the decision reviewer ” (“ yr adolygydd penderfyniadau ” ) means the person or panel of persons appointed by the Welsh Ministers under section 79(1) of the 2022 Act; “ the parties ” (“ y partïon ”) means the applicant and the Commission. Applying for a review 3 For the purposes of sections 45 and 78 of the 2022 Act, an application for a review must be made to the decision reviewer— a in writing, and b within 40 days of the date on which the applicant is notified of the decision or receives the notice or direction. 4 An application must specify the grounds on which a review is sought and contain— a a copy of the decision, notice or direction to be reviewed, including any reasons given by the Commission, and b any supporting information the applicant wishes the decision reviewer to consider. Recommendations by the decision reviewer 5 The decision reviewer may recommend that— a the Commission should take no action, where the decision reviewer finds no or insufficient reason for the Commission to reconsider the decision, notice or direction, or b the Commission should reconsider its decision, where— i the Commission has failed to comply with a procedural requirement, ii the applicant has provided new information, iii the decision reviewer finds the Commission has not considered any relevant fact, or iv the decision reviewer considers the decision to be disproportionate. The review procedure 6 On receipt of an application for a review, the decision reviewer must— a send the Commission a copy of the application and any supporting information, and b tell the parties how long the decision reviewer believes the review will take. 7 1 The decision reviewer may— a request additional information from the parties, and b invite the parties to make further representations in response to any additional information. 2 The parties must respond to any request for additional information within 28 days of receiving the request. 3 If the decision reviewer requests additional information or representations from a party, it must send the other party a copy of— a any request for additional information or representations, and b any additional information or representations provided. 8 The decision reviewer must produce a written recommendation and send it to the parties. The Commission’s duties after a review 9 On receipt of a recommendation from the decision reviewer, the Commission must— a reconsider its decision, notice or direction, if recommended to do so, and b notify the applicant of the outcome of its reconsideration, including its reasons, within 40 days of receiving the recommendation. Vikki Howells Minister for Further and Higher Education, under authority of the Cabinet Secretary for Education, one of the Welsh Ministers 25 November 2025 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations make provision in relation to reviews of decisions made, and notices and directions given, by the Commission for Tertiary Education and Research (“ the Commission ”) under sections 45 and 78 of the Tertiary Education and Research (Wales) Act 2022. Regulations 3 and 4 set out the procedure to be followed when applying for a review. Regulation 5 specifies the recommendations that may be made by the decision reviewer and the grounds for those recommendations. Regulations 6 to 8 deal with the powers and duties of the decision reviewer, the applicant and the Commission during the review process. Regulation 9 requires the Commission to respond to a recommendation in which the decision reviewer recommends it to reconsider. The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Tertiary Education Directorate, Welsh Government, Cathays Park, Cardiff, CF10 3NQ. 2022 asc 1 .
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[uk-legislation-uksi][uksi] 2025-11-27 The Police Act 1997 (Criminal Records) (Amendment) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1240/made
http://www.legislation.gov.uk/uksi/2025/1240/made The Police Act 1997 (Criminal Records) (Amendment) Regulations 2025 King's Printer of Acts of Parliament 2025-11-27 POLICE, ENGLAND AND WALES These Regulations amend the Police Act 1997 (Criminal Records) Regulations 2002 (S.I. 2002/233) and the Police Act 1997 (Criminal Records) (No. 2) Regulations 2009 (S.I. 2002/1882). 2025 No. 1240 POLICE, ENGLAND AND WALES The Police Act 1997 (Criminal Records) (Amendment) Regulations 2025 Made 25th November 2025 Laid before Parliament 27th November 2025 Coming into force 21st January 2026 The Secretary of State makes these Regulations in exercise of the powers conferred by sections 113B(2)(b), 113BA(1), 113BB(1) and 125(1) of the Police Act 1997 . Citation, commencement and extent 1 1 These Regulations may be cited as the Police Act 1997 (Criminal Records) (Amendment) Regulations 2025 and come into force on 21st January 2026. 2 These Regulations extend to England and Wales. Amendments to the Police Act 1997 (Criminal Records) Regulations 2002 2 1 The Police Act 1997 (Criminal Records) Regulations 2002 are amended as follows. 2 In regulation 2 (interpretation), after the definition of “local authority” insert— “ registered health care professional ” has the same meaning as “health care professional” in section 39(1) of the Social Security Act 1998 ; . 3 In regulation 5A (enhanced criminal record certificates: prescribed purposes) after paragraph (zg) insert— zh considering the applicant’s suitability to obtain or hold a licence granted under regulations made under section 2 of the Pedicabs (London) Act 2024 ; zi considering the applicant’s suitability to work as a registered health care professional, employed or engaged by— i the Secretary of State for Work and Pensions; or ii contractors or sub-contractors, who are carrying out activities for the Secretary of State for Work and Pensions; . Amendments to the Police Act 1997 (Criminal Records) (No. 2) Regulations 2009 3 1 The Police Act 1997 (Criminal Records) (No. 2) Regulations 2009 are amended as follows. 2 In regulation 5 (suitability information relating to children)— a in paragraph (h), for “under that Scheme.” substitute “under that Scheme;” ; b after paragraph (h) insert— i considering the applicant’s suitability to obtain or hold a licence granted under regulations made under section 2 of the Pedicabs (London) Act 2024; j considering the applicant’s suitability to assess children as a registered health care professional, within the meaning of “health care professional” in section 39(1) of the Social Security Act 1998, where the applicant is employed or engaged by— i the Secretary of State for Work and Pensions; or ii contractors or sub-contractors, who are carrying out activities for the Secretary of State for Work and Pensions; . 3 In regulation 6 (suitability information relating to vulnerable adults)— a in paragraph (d), for “under that Scheme.” substitute “under that Scheme;” ; b after paragraph (d) insert— e considering the applicant’s suitability to obtain or hold a licence granted under regulations made under section 2 of the Pedicabs (London) Act 2024; f considering the applicant’s suitability to assess vulnerable adults as a registered health care professional, within the meaning of “health care professional” in section 39(1) of the Social Security Act 1998, where the applicant is employed or engaged by— i the Secretary of State for Work and Pensions; or ii contractors or sub-contractors, who are carrying out activities for the Secretary of State for Work and Pensions; . Jess Phillips Parliamentary Under Secretary of State Home Office 25th November 2025 Explanatory Note (This note is not part of the Regulations) These Regulations amend the Police Act 1997 (Criminal Records) Regulations 2002 ( S.I. 2002/233 ) and the Police Act 1997 (Criminal Records) (No. 2) Regulations 2009 ( S.I. 2002/1882 ). Regulation 2 enables an application for an enhanced criminal record certificate (including suitability information relating to both children and vulnerable adults) to be made for the purpose of (i) assessing an applicant’s suitability to obtain or hold a pedicab driver licence and (ii) assessing an applicant’s suitability to work or continue to work as a registered health care professional employed or engaged by the Secretary of State for Work and Pensions, or by its contractors or sub-contractors, who are carrying out activities for the Secretary of State for Work and Pensions. Regulation 3 ensures that (i) holders of a pedicab driver licence and (ii) registered health care professionals employed or engaged by the Secretary of State for Work and Pensions or by its contractors or sub-contractors, who are carrying out activities for the Secretary of State for Work and Pensions to assess children or vulnerable adults, are eligible for enhanced criminal record certificate with children’s and adults’ barred lists checks. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. 1997 c. 50 . Section 113B was inserted by section 163(2) of the Serious Organised Crime and Police Act 2005 (c. 15) and amended by paragraph 1 of Part 8 of Schedule 8 to the Policing and Crime Act 2009 (c. 26) , sections 80(1) and 82 of the Protection of Freedoms Act 2012 (c. 9) , paragraph 14(3) of Part 2 of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006 (c. 47) , articles 2, 4(1) and (2) of S.I. 2009/203 , articles 36 and 37(c) of S.I. 2012/3006 . Sections 113BA and 113BB were inserted by paragraph 14(1) and (4) of Part 2 of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006 and amended by paragraphs 35, 38 and 39 of Part 6 of Schedule 9 to the Protection of Freedoms Act 2012. There are other amending instruments but none is relevant. S.I. 2002/233 . Regulation 5A was inserted by S.I. 2006/748 and amended by S.I. 2006/2181 , 2007/1892 , 2007/3224 , 2008/2143 , 2009/1882 , 2010/817 , 2010/1836 , 2012/979 , 2012/2114 , 2012/3006 , 2012/3016 , 2013/114 , 2013/2669 , 2014/955 and 2022/979 . 1998 c. 14 . Section 39(1) was amended by S.I. 2008/2833 , paragraph 17 of Schedule 7 to the Welfare Reform and Pensions Act 1999 (c. 30) , paragraph 35(a) of Schedule 7 to the Social Security Contributions (Transfer of Functions etc.) Act 1999 (c. 2) , section 62(5) of the Welfare Reform Act 2007 (c. 5) , S.I. 2009/56 and paragraph 49 of Schedule 2 to the Welfare Reform Act 2012. 2024 c. 7 . S.I. 2009/1882 . Regulations 5 and 6 were substituted by S.I. 2012/2114 .
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[uk-legislation-uksi][uksi] 2025-11-27 The Greater London Authority (Consolidated Council Tax Requirement Procedure) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1238/made
http://www.legislation.gov.uk/uksi/2025/1238/made The Greater London Authority (Consolidated Council Tax Requirement Procedure) Regulations 2025 King's Printer of Acts of Parliament 2025-11-27 LONDON GOVERNMENT In relation to each financial year, the Greater London Authority (“the Authority”) is required to make the calculations required by section 85 of the Greater London Authority Act 1999 (“the 1999 Act”), including the calculation of its consolidated council tax requirement. 2025 No. 1238 LONDON GOVERNMENT The Greater London Authority (Consolidated Council Tax Requirement Procedure) Regulations 2025 Made 24th November 2025 Laid before Parliament 26th November 2025 Coming into force 24th December 2025 The Secretary of State makes these Regulations in exercise of the powers conferred by paragraph 10 of Schedule 6 to the Greater London Authority Act 1999 . Citation, commencement, extent and application 1 1 These Regulations may be cited as the Greater London Authority (Consolidated Council Tax Requirement Procedure) Regulations 2025 and come into force on 24th December 2025. 2 These Regulations extend to England and Wales and Scotland. 3 These Regulations apply in relation to the financial year beginning on 1st April 2026 only. Modification of the Greater London Authority Act 1999 2 In paragraph 3(4) (draft consolidated budget) of Schedule 6 to the Greater London Authority Act 1999, for “1st February” substitute “15th February” . Signed by authority of the Secretary of State for Housing, Communities and Local Government Alison McGovern Minister of State Ministry of Housing, Communities and Local Government 24th November 2025 Explanatory Note (This note is not part of the Regulations) In relation to each financial year, the Greater London Authority (“ the Authority ”) is required to make the calculations required by section 85 of the Greater London Authority Act 1999 (“ the 1999 Act ”), including the calculation of its consolidated council tax requirement. The procedure for determining the Authority’s consolidated council tax requirement is set out in Schedule 6 to the 1999 Act. As part of that procedure the Mayor is required to prepare and present a draft consolidated budget to the Assembly on or before 1st February in the financial year preceding that to which the consolidated council tax requirement relates (paragraph 3(4) of Schedule 6). If the Mayor fails to comply with this requirement, the responsibility for preparing the draft consolidated budget passes to the Assembly (paragraph 4(1) of Schedule 6). In relation to the financial year beginning on 1st April 2026, these Regulations modify Schedule 6 so that the Mayor is required to prepare and present a draft consolidated budget to the Assembly on or before 15th February 2026. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. 1999 c. 29 . S.I. 2012/3125 , 2013/3178 , 2014/3308 , 2015/2032 , 2016/1248 , 2017/1252 , 2018/1151 , 2019/1435 , 2020/1206 , 2021/1278 , 2022/1196 , 2023/1298 and 2024/1276 made similar modifications in relation to previous financial years.
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[uk-legislation-uksi][uksi] 2025-11-27 The Broadcasting (Independent Productions) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1235/made
http://www.legislation.gov.uk/uksi/2025/1235/made The Broadcasting (Independent Productions) Regulations 2025 King's Printer of Acts of Parliament 2025-11-27 BROADCASTING These Regulations set definitions and quotas for broadcasters in relation to independent productions. They implement the amendments made to the regulatory regime for independent productions quotas for the BBC, S4C and Channels 3, 4 and 5 (“the public service broadcasters”) in the Communications Act 2003 (c. 21) (“the 2003 Act”) made by the Media Act 2024 (c. 15). 2025 No. 1235 BROADCASTING The Broadcasting (Independent Productions) Regulations 2025 Made 20th November 2025 Coming into force 1st January 2026 The Secretary of State makes these Regulations in exercise of the powers conferred by sections 277(1)(b), 277(2)(b), 278C(2), 309(2) and 402(3)(c) of, and paragraphs 1(1)(b) and 1(2)(b), 7(1)(b) and 7(2)(b) of Schedule 12 to, the Communications Act 2003 . The Secretary of State has consulted OFCOM, the BBC and S4C in accordance with sections 277(11), 278C(9) and 309(4) of, and paragraphs 1(12) and 7(10) of Schedule 12 to, the Communications Act 2003 . A draft of these Regulations has been laid before Parliament and approved by a resolution of each House of Parliament in accordance with sections 277(12), 278C(10) and 309(5) of, and paragraphs 1(13) and 7(11) of Schedule 12 to, the Communications Act 2003. Citation, commencement and extent 1 1 These Regulations may be cited as the Broadcasting (Independent Productions) Regulations 2025 and come into force on 1st January 2026. 2 These Regulations extend to England and Wales, Scotland and Northern Ireland. Interpretation 2 1 In these Regulations— “ the 2003 Act ” means the Communications Act 2003; “ broadcaster ” means— the BBC, S4C, or a person who provides a relevant regulated television service; “ control ” has the same meaning as in paragraph 1 of Schedule 2 to the 1990 Act ; “ excluded programme ” means— a programme which consists wholly or mainly of news, a programme constituting part of a series of programmes which— consist, wholly or mainly, of news or items relevant to news, are presented live, and are usually shown on at least four days in each of the weeks when they are shown, a programme provided by or on behalf of the Open University, or a broadcast on behalf of a political party or any statement by a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975 or by the Scottish Ministers; “ local television broadcaster ” means a person who provides a local digital television programme service (within the meaning of article 3 of the Local Digital Television Programme Services Order 2012 ) and no other relevant regulated television service; “ producer ” means a person by whom the arrangements necessary for— the making of a programme, or in the circumstances described in regulations 4(2)(c) and 6(2)(c), the making of part of a programme, are undertaken; “ production facilities requirement ” means a contractual obligation a broadcaster has required, as a condition on which the contract is granted, that the producer must— use the production facilities of the broadcaster, or not use the production facilities of another broadcaster, unless this requirement arises from an obligation contained in an earlier contract that remains in force; “ programme ” does not include an advertisement or any separate item whose duration is two minutes or less; “ relevant broadcaster ” means the person who provides a digital television programme service that is not comprised in a licensed public service channel and “ relevant television programme service ” means that service; “ relevant provider ” means— the BBC, S4C, or the provider of a licensed public service channel; “ relevant regulated television service ” has the meaning given by section 13(1A) of the 1990 Act . 2 For the purposes of these Regulations— a the following persons are treated as connected with a broadcaster— i a person who controls the broadcaster, ii an associate of the broadcaster or of a person falling within paragraph (i), and iii a body which is controlled by the broadcaster or by an associate of the broadcaster; b “ associate ” is to be construed in accordance with paragraph 1(1A) of Schedule 2 to the 1990 Act . 3 In the definition of “production facilities requirement”, a reference to the production facilities of a broadcaster means— a any premises or equipment which may be used to make a programme and which are owned or leased by that broadcaster or are otherwise under their control, and b any person who is employed by, or has contractual obligations with, that broadcaster in connection with the making of programmes except any person who is employed, or has contractual obligations, to be seen or heard (or both) on programmes. 4 For the purposes of these Regulations, a programme may be treated as being made by a particular person or persons notwithstanding that more than 75% of the duration of the programme includes images or images and sounds which have been provided by some person other than that person or those persons where— a the images or images and sounds so provided are not broadcast live, and b changes of substance (whether by means of editing or otherwise) have been made to such images or images and sounds. 5 For the purposes of these Regulations, a programme must not be prevented from being treated as having been commissioned by a broadcaster by reason only of the fact that it was intended to be first shown commercially in cinemas. 6 In the application of regulation 3(3) and regulation 4(2) to a regional Channel 3 service , references to the relevant provider include references to the provider of another regional Channel 3 service or any person acting on behalf of such providers. 7 In the application of regulation 3(3) and regulation 4(2) to a regional Channel 3 service where the provider of that service also provides, or is an associate of the provider of, the national Channel 3 service , references to the relevant provider include references to the provider of the national Channel 3 service or any person acting on behalf of that provider. Meaning of “independent producer” 3 1 In these Regulations, an “ independent producer ” means a producer— a who is not a broadcaster, an employee of a broadcaster or a person connected with a broadcaster, b who does not have a relevant shareholding greater than 25% in a broadcaster or a person connected with a broadcaster, unless the exception in paragraph (2) applies, and c which is not a body corporate in which either— i any one broadcaster or person connected with a broadcaster has a relevant shareholding greater than 25%, or ii more than two broadcasters or persons connected with a broadcaster together have an aggregate relevant shareholding greater than 50%. 2 For the purposes of paragraph (1)(b), a relevant shareholding does not include any shareholding which a producer has in a local television broadcaster or a person connected with a local television broadcaster unless the shareholding is in a person who is connected with the local television broadcaster and the person is— a a broadcaster other than a local television broadcaster, or b connected with a broadcaster who is not a local television broadcaster. 3 For the purposes of paragraph (1), “ relevant shareholding ” means a shareholding held in the circumstances in which a person or persons— a hold or are beneficially entitled to more than the percentage of shares specified in paragraph (1)(b) and (c); or b possess more than that specified percentage of voting power in the body in question. 4 For the purposes of this regulation, a person holds or is beneficially entitled to shares, or possesses voting power, in a body corporate whether that person— a does so or is so entitled alone or jointly with one or more persons, and b whether that person does so or is so entitled directly or through one or more nominees. 5 A person is to be treated as an independent producer, despite not meeting the requirements in paragraph (1), where they have made a programme (whether on their own or together with any other person) providing that— a they were commissioned to make the programme, whether on their own or together with any other person, by a relevant provider or relevant broadcaster, b they were an independent producer when commissioned, c the relevant provider or relevant broadcaster so commissioned them in good faith in the expectation that they would be an independent producer when performing their part in the making of the programme, d the programme was made within 2 years of the date on which they were so commissioned, and e in the circumstances described in regulation 4(2)(c) or regulation 6(2)(c), the part of a programme made by the person is the part referred to in paragraph (iii) of those sub-paragraphs. 6 For the purposes of paragraph (5), a producer is commissioned to make a programme on the date on which they become subject to a contractual obligation to make that programme (whether on their own or with another person) regardless of whether that obligation is subsequently varied or supplemented by any further contractual provisions relating to the making of the programme. Meaning of “independent productions” in section 277 of, and Schedule 12 to, the 2003 Act 4 1 For the purposes of section 277 of, and paragraphs 1 and 7 of Schedule 12 to, the 2003 Act, a reference to “ independent productions ” is a reference to programmes that meet Conditions A to C. 2 Condition A is that the programme has been commissioned by the relevant provider and— a has been made by an independent producer, b has been made by— i the relevant provider together with an independent producer, or ii an independent producer together with any other person, where 25 % or more of the cost of the production of the programme has been borne or provided by the relevant provider, or c includes images or images and sounds which have been provided by a person other than the relevant provider, or a person commissioned by them, where— i the images or images and sounds so provided consist of live coverage of an event, ii they do not exceed 75 % of the duration of the programme, and iii the remainder of the programme, including any sound commentary added to those images or images and sounds, has been made by an independent producer. 3 Condition B is that the programme has been made pursuant to a contract between the relevant provider and producer which— a where any contractual obligations— i concern directly or indirectly, the making of programmes (but not in respect of the use made of them), and ii are capable of remaining in force for a period in excess of five years, provides either side with the right to terminate those obligations at intervals of not more than five years, but without prejudice to any rights in respect of obligations that had not been discharged at the date of termination, and b does not include a production facilities requirement. 4 Condition C is that the programme is not an excluded programme. Independent productions quotas for relevant providers and provision about their fulfilment 5 1 For the purposes of section 277 of, and paragraphs 1 and 7 of Schedule 12 to, the 2003 Act, the total duration of independent productions for each relevant provider is at least the number of hours per year specified in the Schedule. 2 Qualifying audiovisual content that is made available in the circumstances described in paragraph (3) may not be counted towards meeting the quota condition in paragraph (1). 3 Those circumstances are that the person has previously made available audiovisual content consisting of the same or substantially the same material (whether in the same year or a previous year). Meaning of “qualifying programmes” in section 309 of the 2003 Act 6 1 For the purposes of section 309(1) of the 2003 Act, a reference to “qualifying programmes” are to the programmes included in the relevant television programme service that meet Conditions A and B. 2 Condition A is that the programme— a is made either by the relevant broadcaster or by a person commissioned by them, b is made by— i the relevant broadcaster together with any other person, or ii by a person commissioned by the relevant broadcaster together with any other person, where 25 % or more of the cost of the production of the programme has been borne or provided by the relevant broadcaster, or c includes images or images and sounds which have been provided by a person other than the relevant broadcaster or a person commissioned by them where— i the images or images and sounds so provided consist of live coverage of an event, ii they do not exceed 75 % of the duration of the programme, and iii the remainder of the programme (including any sound commentary added to those images or images and sounds) has been made by the relevant broadcaster or a person commissioned by them. 3 Condition B is that the programme is not an excluded programme or a programme that has previously been shown in substantially the same form on the relevant television programme service. Meaning of “independent productions” in section 309 of the 2003 Act 7 1 For the purposes of section 309(1) of the 2003 Act, a reference to “ independent productions ” is a reference to any programmes that meet Conditions A to C. 2 Condition A is that the programme falls within the definition of “qualifying programme” specified in regulation 6. 3 Condition B is that— a in the case of a programme to which sub-paragraph (a) of regulation 6(2) applies, has been made by an independent producer, b in the case of a programme to which sub-paragraph (b) of that provision applies, has been made by an independent producer together with any other person, or c in the case of a programme to which sub-paragraph (c) of that provision applies, the part of the programme referred to in paragraph (iii) of that sub-paragraph has been made by an independent producer. 4 Condition C is that the programme has been made in pursuance of a contract between a relevant broadcaster and a producer which— a where any contractual obligations— i concern directly or indirectly, the making of programmes (but not in respect of the use made of them), and ii are capable of remaining in force for a period in excess of five years, provides either side with the right to terminate those obligations at intervals of not more than five years (but without prejudice to any rights in respect of obligations that had not been discharged at the date of termination), and b does not include a production facilities requirement. Revocations 8 The following enactments are revoked— a the Broadcasting (Independent Productions) Order 1991 ; b the Broadcasting (Independent Productions) (Amendment) Order 1995 ; c paragraph 147 of Schedule 2 to the Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999 ; d the Broadcasting (Independent Productions) (Amendment) Order 2003 ; e articles 5 to 8 of the Broadcasting (Local Digital Television Programme Services and Independent Productions) (Amendment) Order 2012 ; f regulation 5 of the Broadcasting and Communications (Amendment) Regulations 2013 ; g the Broadcasting (Independent Productions) (Amendment) Order 2014 . Ian Murray Minister of State Department for Culture, Media and Sport 20th November 2025 Schedule Independent productions quotas for relevant providers Regulation 5 Relevant Provider Independent productions quota (hours per year) BBC 1675 The provider of any regional Channel 3 service where the provider of that service does not also provide, nor is an associate of the provider of, the national Channel 3 service 725 The provider of any regional Channel 3 service where the provider of that service also provides, or is an associate of the provider of, the national Channel 3 service 750 The provider of the national Channel 3 service where the provider of that service does not also provide, nor is an associate of the provider of, any regional Channel 3 service 25 C4C 600 S4C 375 The provider of Channel 5 350 Explanatory Note (This note is not part of the Regulations) These Regulations set definitions and quotas for broadcasters in relation to independent productions. They implement the amendments made to the regulatory regime for independent productions quotas for the BBC, S4C and Channels 3, 4 and 5 (“the public service broadcasters”) in the Communications Act 2003 (c. 21) (“ the 2003 Act ”) made by the Media Act 2024 (c. 15) . Regulation 3 defines “independent producer” for the purpose of independent productions quotas. Regulation 4 defines “ independent productions ” for the purposes of the independent productions quotas that apply to the public services broadcasters under section 277 of, and Schedule 12 to, the 2003 Act. Regulation 5 and the Schedule specify the quotas, in number of hours, that apply to each of the public service broadcasters and makes provision about their fulfilment concerning the treatment of repeats. Regulations 6 and 7 define “qualifying programmes” and “ independent productions ” for the purposes of the independent productions quotas that apply to other broadcasters under section 309 of the 2003 Act. These Regulations replace the Broadcasting (Independent Productions) Order 1991 ( S.I. 1991/1408 ). Regulation 8 revokes that Order and other enactments which amended it. A full impact assessment has not been produced for this instrument as no, or no significant impact on the private, voluntary or community bodies is foreseen. Instead a de minimis assessment has been prepared as this instrument is likely to entail some costs for businesses, but the net impact is below £5 million per year. 2003 c. 21 . Section 277(1) was substituted by section 8 of the Media Act 2024 (c. 15) . Section 278C was inserted by section 12 of that Act. Paragraphs 1(1) and 7(1) of Schedule 12 were substituted by paragraphs 1 and 2 of Schedule 1 to that Act. Section 277(11) was amended by paragraph 36 of Schedule 4 to the Media Act 2024. Paragraph 7(10) was amended by paragraph 55 of that Schedule. The “1990 Act” is defined in section 405(1) of the Communications Act 2003 (c. 21) . The definition of “control” in paragraph 1(1) of Schedule 2 to the Broadcasting Act 1990 (c. 42) was amended by paragraph 1(2)(c) of Part 1 of Schedule 2 to the Broadcasting Act 1996 (c. 55) . Paragraph 1(3) and (3A) of Schedule 2 to the Broadcasting Act 1990 were substituted for paragraph 1(3) by paragraph 1(4) of Part 1 of Schedule 2 to the Broadcasting Act 1996, and paragraph 1(3)(b) was amended by section 357(1) of the Communications Act 2003. “Minister of the Crown” is defined in section 8 of the Ministers of the Crown Act 1975 (c. 26) . S.I. 2012/292 . There are no relevant amendments. Subsection (1A) of section 13 was inserted by paragraph 5 of Schedule 15 to the Communications Act 2003. Paragraph 1(1A) was inserted by paragraph 1(3) of Part 1 of Schedule 2 to the Broadcasting Act 1996. The definition of “regional Channel 3 service” is in section 362(1) of the Communications Act 2003. The definition of “national Channel 3 service” is in section 362(1) of the Communications Act 2003. S.I. 1991/1408 . Paragraph 34 of Schedule 18 to the Communications Act 2003 created transitional provisions for any Orders made under section 16(5)(a) of the Broadcasting Act 1990, meaning that any such Order would be treated as though made under the corresponding powers in sections 277, 309 and Schedule 12 to the Communications Act 2003. S.I. 1995/1925 . S.I. 1999/1820 . S.I. 2003/1672 . S.I. 2012/1842 . S.I. 2013/2217 . S.I. 2014/3137 .
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[uk-legislation-uksi][uksi] 2025-11-27 The Cory Decarbonisation Project Order 2025
http://www.legislation.gov.uk/uksi/2025/1227/made
http://www.legislation.gov.uk/uksi/2025/1227/made The Cory Decarbonisation Project Order 2025 en King's Printer of Acts of Parliament 2025-11-26 INFRASTRUCTURE PLANNING This Order authorises Cory Environmental Holdings Limited as notified to the relevant planning authority pursuant to the provisions of this Order (referred to in this Order as the undertaker) to construct, operate, maintain and decommission a carbon capture facility and associated development. 2025 No. 1227 Infrastructure Planning The Cory Decarbonisation Project Order 2025 Made 5th November 2025 Coming into force 27th November 2025 An application has been made to the Secretary of State under section 37 (applications for orders granting development consent) of the Planning Act 2008 (the “ 2008 Act ”) in accordance with ( b) ( the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009) for an order granting development consent. The application has been examined by the Examining Authority appointed by the Secretary of State pursuant to Chapter 3 of Part 6 (deciding applications for orders granting development consent) of the 2008 Act and carried out in accordance with Chapter 4 of Part 6 (deciding applications for orders granting development consent) of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 2010 . The Examining Authority has submitted a report and recommendation to the Secretary of State under section 83 (single appointed person to examine and report on application) of the 2008 Act. The Secretary of State has considered the report and recommendation of the Examining Authority, has taken into account the environmental information in accordance with regulation 4 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 and has had regard to the documents and matters referred to in section 104(2) (decisions in cases where national policy statement have effect) of the 2008 Act. The Secretary of State, having decided the application, has determined to make an order giving effect to the proposals comprised in the application on terms that in the opinion of the Secretary of State are not materially different from those proposed in the application. In accordance with section 127 (statutory undertakers’ land) of the 2008 Act, the Secretary of State has applied the relevant tests and is satisfied that they have been met. In accordance with section 131(4A) (commons, open spaces etc: compulsory acquisition of land) of the 2008 Act, the Secretary of State is satisfied that there is no suitable land available to be given in exchange for the parcels of open space comprised within the Order land and that it is strongly in the public interest for the development for which this Order grants consent to be capable of being begun sooner than is likely to be possible if the Order were to be subject (to any extent) to special parliamentary procedure. The Secretary of State, in exercise of the powers conferred by sections 114 , 115 , 120 , 122 , 123 , and 149A of the 2008 Act, makes the following Order. PART 1 PRELIMINARY Citation and commencement 1 This Order may be cited as the Cory Decarbonisation Project Order 2025 and comes into force on 27th November 2025. Interpretation 2 1 In this Order, unless otherwise stated— “ the 1961 Act ” means the Land Compensation Act 1961 ; “ the 1965 Act ” means the Compulsory Purchase Act 1965 ; “ the 1968 Act ” means the Port of London Act 1968 ; “ the 1980 Act ” means the Highways Act 1980 ; “ the 1981 Act ” means the Compulsory Purchase (Vesting Declarations) Act 1981 ; “ the 1984 Act ” means the Road Traffic Regulation Act 1984 ; “ the 1990 Act ” means the Town and Country Planning Act 1990 ; “ the 1991 Act ” means the New Roads and Street Works Act 1991 ; “ the 1994 agreement ” means the agreement made under section 106 (planning obligations) of the 1990 Act between the Mayor and Burgesses of the London Borough of Bexley and TWUL dated 21 July 1994; “ the 2005 Agreement ” means the agreement made under section 106 (planning obligations) of the 1990 Act between the Mayor and Burgesses of the London Borough of Bexley, Tilfen Land Limited and Gallions Housing Association Limited dated 24 January 2005; “ the 2008 Act ” means the Planning Act 2008 ; “ the 2009 Act ” means the Marine and Coastal Access Act 2009 ; “ access and rights of way plan ” means the plan of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the access and rights of way plan for the purposes of this Order; “ address ” includes any number or address used for the purposes of electronic transmission; “ AOD ” means above ordnance datum; “ apparatus ” has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act save that “apparatus” further includes pipelines (and parts of them), heat pipework, aerial markers, cathodic protection test posts, field boundary markers, transformer rectifier kiosks, electricity cables, telecommunications equipment and electricity cabinets; “ authorised development ” means the development described in Schedule 1 (authorised development) and any other development within the meaning of section 32 (meaning of “ development ”) of the 2008 Act authorised by this Order; “ authorised navigational channel of the river Thames ” means the authorised navigational channel of the river Thames located within the boundaries of the authorised navigational channel shown on the works plans; “ authorised person ” means an employee, agent, contractor or subcontractor of the London Borough of Bexley; “ book of reference ” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the book of reference for the purposes of this Order; “ Belvedere Power Station jetty ” means the existing jetty, conveyor bridge, intake shaft (but not the intake tunnel) and associated piles, dolphins and supports contained within plots 1-107, 1-110, 1-111 and 1-118 on the land plans, and the associated barge berth located within plot 1-113; “ BPSJ licence ” means the licence under section 66 (licensing of works) of the 1968 Act required to carry out the works that are intended to be carried out to the Belvedere Power Station jetty and any other existing structures that are the subject of the licence; “ building ” includes any structure or erection or any part of a building, structure or erection; “ business day ” means any day apart from Saturday, Sunday or any statutory English bank or public holiday; “ carriageway ” has the same meaning as in the 1980 Act; “ commence ” means beginning to carry out any material operation, as defined in section 155 (when development begins) of the 2008 Act, comprised in or carried out for the purposes of the authorised development other than the permitted preliminary works and the words “commencement” and “commenced” are to be construed accordingly; “ commissioning ” means the process of assuring that all systems and components of the authorised development or part of the authorised development (which are installed or installation is near to completion) are tested to verify that they function and are operable in accordance with design objectives, specifications and operational requirements of the undertaker and “ commission ” is to be construed accordingly; “ compulsory acquisition notice ” means a notice served in accordance with section 134 (notice of authorisation of compulsory acquisition) of the 2008 Act; “ crossness local nature reserve ” means the crossness local nature reserve as designated at the date of the making of this Order; “ crossness local nature reserve as extended ” means the land marked on the extended crossness local nature reserve plan as ‘Extended Crossness (LNR)’; “ date of final commissioning ” means the date on which the commissioning of the authorised development (or any part of the authorised development as the context requires) is completed as notified as such by the undertaker to the relevant planning authority pursuant to requirement 6 (notice of date of final commissioning); “ deemed marine licence ” means the marine licence set out in Schedule 11 (deemed marine licence); “ design principles and design code ” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the design principles and design code for the purposes of this Order; “ electronic communication ” has the meaning given in section 15(1) (general interpretation) of the Electronic Communications Act 2000; “ electronic transmission ” means a communication transmitted— by means of an electronic communications network; or by other means provided it is in an electronic form; “ environmental statement ” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the environmental statement for the purposes of this Order; “ extended crossness local nature reserve plan ” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the extended crossness local nature reserve plan for the purposes of this Order; “ flood risk activity ” has the same meaning as in the Environmental Permitting (England and Wales) Regulations 2016 ; “ flood risk assessment ” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the flood risk assessment for the purposes of this Order; “ footpath ” and “ footway ” have the same meaning as in the 1980 Act; “ framework construction traffic management plan ” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the framework construction traffic management plan for the purposes of this Order; “ highway ” and “ highway authority ” have the same meaning as in the 1980 Act; “ land plans ” means the plans of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the land plans for the purposes of this Order; “ lead local flood authority ” has the meaning in section 6(7) (other definitions) of the Flood and Water Management Act 2010 ; “ limits of deviation ” means— the limits of deviation shown for each numbered work on the works plans; and in the case of Work No. 4C, dredging to a depth of – 11.00m chart datum and within the dredging co-ordinates shown on the works plans; “ maintain ” includes inspect, repair, adjust, alter, remove, refurbish, reconstruct, replace and improve any part of the authorised development, but only insofar as such activities do not give rise to any materially new or materially different environmental effects to those identified in the environmental statement and “maintenance” and “maintaining” are to be construed accordingly; “ Middleton Jetty ” means the structures labelled as forming the Middleton Jetty as shown on the works plans; “ MMO ” means the Marine Management Organisation; “ Order land ” means the land shown on the land plans which is within the limits of land to be acquired or used and is described in the book of reference; “ Order limits ” means the limits of land to be acquired permanently or used temporarily as shown on the land plans, and the limits of land within which the authorised development, as shown on the works plans, may be carried out; “ outline landscape, biodiversity, access and recreation delivery strategy ” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the outline landscape, biodiversity, access and recreation delivery strategy for the purposes of this Order; “ outline code of construction practice ” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the outline code of construction practice for the purposes of this Order; “ outline drainage strategy ” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the outline drainage strategy for the purposes of this Order; “ outline emergency preparedness and response plan ” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the outline emergency preparedness and response plan for the purposes of this Order; “ outline lighting strategy ” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the outline lighting strategy for the purposes of this Order; “ outline site waste management plan ” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the outline site waste management plan for the purposes of this Order; “ owner ”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981 ; “ permit scheme ” means the permit scheme contained in the Schedule to the Traffic Management (London Borough of Bexley) Permit Scheme 2012 or any replacement permit scheme which applies to streets within the Order limits that is made under Part 3 (Permit Schemes) of the Traffic Management Act 2004 ; “ permitted preliminary works ” means environmental surveys and monitoring, investigations for the purpose of assessing ground conditions (including the making of trial boreholes), archaeological surveys and investigations, the creation of new ditches and the enhancement of existing ditches, receipt and erection of construction plant and equipment, erection of any temporary means of enclosure, the temporary display of site notices or advertisements, establishment of laydown areas and welfare facilities, erection of construction fencing, diversion and laying of underground apparatus, site clearance including vegetation clearance, and Work No. 3; “ the PLA ” means the Port of London Authority; “ PLA General Directions ” means the general directions made under section 111 of the 1968 Act and under the provisions of the Pilotage Act 1987 which came into force on 1 November 2024; “ Port of London Harbour Revision Order ” means any harbour revision order made pursuant to the application for the harbour revision order under section 14 of the Harbours Act 1964(d) submitted by the PLA to the Marine Management Organisation on 7 April 2020; “ Pre-2032 WRWA Underlease Determination Event ” means, during the period prior to (and including) 4 October 2032, the termination of the WRWA Underlease (otherwise than in circumstances where the WRWA Lease is terminated at the same time as the WRWA Underlease); “ preliminary navigation risk assessment ” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the preliminary navigation risk assessment for the purposes of this Order; “ Post-2032 WRWA Underlease Determination Event ” means, during the period from (and including) 5 October 2032, the termination of the WRWA Underlease (otherwise than in circumstances where the WRWA Lease is terminated at the same time as the WRWA Underlease); “ relevant planning authority ” means the London Borough of Bexley; “ relevant highway authority ” means the London Borough of Bexley; “ Riverside 1 ” means the energy from waste facility that is operated by RRRL; “ Riverside 2 ” means the energy from waste facility to be constructed and operated pursuant to Work No. 1 of the REP Order; “ REPL ” means Riverside Energy Park Limited (company number 11536739) whose registered office is at Level 5, 10 Dominion Street, London, EC2M 2EF, together with its successors in title from time to time of the freehold of any part of the REPL land (as defined in Schedule 12 Part 8 paragraph 108) save to the extent that any such successor in title is the undertaker; “ REP Order ” means the Riverside Energy Park Order 2020 ; “ requirements ” means those matters set out in Schedule 2 (requirements); “ RRRL ” means Riverside Resource Recovery Limited (company number 03723386) whose registered office is at Level 5, 10 Dominion Street, London, EC2M 2EF, together with its successors in title from time to time of the freehold of any part of the RRRL land (as defined in Schedule 12 Part 9 paragraph 120) save to the extent that any such successor in title is the undertaker; “ RRRL Entity ” means (on a several basis) each of RRRL, and— prior to the earlier to occur of a Pre-2032 WRWA Underlease Determination Event and 5 October 2032, WRWA (for the purposes of paragraphs 122(a) and 130 of Part 9 of Schedule 12 only); where a Pre-2032 WRWA Underlease Determination Event has occurred, WRWA (for any period in which WRWA (or WRWA’s nominee) is not a successor in title to RRRL in respect of the freehold of all the RRRL land which is held by RRRL immediately prior to the Pre-2032 WRWA Underlease Determination Event); where a Pre-2032 WRWA Underlease Determination Event has occurred, WRWA (or its nominee) (for any period in which WRWA (or WRWA’s nominee) has ownership of RRRL or is a successor in title to RRRL in respect of the freehold of RRRL land); and where a Post-2032 WRWA Underlease Determination Event has occurred, WRWA (for the duration of the WRWA Lease) unless and until the WRWA Underlease is restored; “ statutory undertaker ” means any person falling within section 127(8) (statutory undertakers’ land) of the 2008 Act and includes a public communications provider defined by section 151(1) (interpretation of Chapter I) of the Communications Act 2003 ; “ street ” means a street within the meaning of section 48 (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes any public right of way and “ street ” includes any part of a street; “ street authority ”, in relation to a street, has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act; “ TWUL ” means Thames Water Utilities Limited (company number 02366661) whose registered office is at Clearwater Court, Vastern Road, Reading, Berkshire RG1 8DB; “ traffic regulation measures plan ” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the traffic regulation measures plan for the purposes of this Order; “ undertaker ” means, subject to articles 9 (benefit of this Order) and 10 (consent to transfer benefit of this Order), Cory Environmental Holdings Limited (company number 05360864) whose registered office is at Level 5, 10 Dominion Street, London, England, EC2M 2EF; “ watercourse ” includes all rivers, streams, creeks, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; “ WRWA ” means the Western Riverside Waste Authority of Smugglers Way Transfer Station, Smugglers Way, Wandsworth, London, SW18 1JS; “ WRWA Lease ” means the lease between RRRL and WRWA dated 31 July 2008, as amended from time to time; “ WRWA Underlease ” means the underlease between WRWA and RRRL dated 31 July 2008, as amended from time to time; and “ works plans ” means the plans of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the works plans for the purposes of this Order. 2 The definitions in paragraph (1) do not apply to the deemed marine licence except where expressly provided for in the deemed marine licence. 3 References in this Order to rights over land include references to rights to do or to place and maintain anything in, on or under land or in the airspace above its surface and to any trusts or incidents (including restrictive covenants) to which the land is subject and references in this Order to the imposition of restrictive covenants are references to the creation of rights over land which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or over which rights are created and acquired under this Order or is otherwise comprised in this Order. 4 All distances, directions and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development are taken to be measured along that work. 5 All areas described in square metres in the book of reference are approximate. 6 References in this Order to numbered works are references to the works numbered in Schedule 1 (authorised development). 7 References to “Schedule” are, unless otherwise stated, references to Schedules to this Order. 8 References to “land” include land under water and on the riverbed. 9 The expression “ includes ” is to be construed without limitation. 10 References to any statutory body include any body’s successor in respect of functions which are relevant to this Order. 11 References in this Order to “ part of the authorised development ” means all or part of any numbered work. Electronic communications 3 1 In this Order— a references to documents, maps, plans, drawings, certificates or other documents, or to copies, include references to them in electronic form; and b references to a form of communication being “in writing” include references to an electronic communication that satisfies the conditions in paragraph (2) and “written” and other cognate expressions are to be construed accordingly. 2 The conditions are that— a the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission; and b the communication is— i capable of being assessed by the recipient; ii legible in all material respects; and iii sufficiently permanent to be used for subsequent reference. 3 Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within seven days of receipt that the recipient requires a paper copy of all or part of that notice or other document the sender must provide such a copy as soon as reasonably practicable. 4 Any consent to the use of electronic communication given by a person may be revoked by that person in accordance with paragraph (5) . 5 Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order— a that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and b such revocation is final and takes effect on a date specified by the person in the notice but that date may not be less than seven days after the date on which the notice is given. PART 2 WORK PROVISIONS Principal powers Development consent granted by the Order 4 1 Subject to the provisions of this Order and to the requirements, the undertaker is granted development consent for the authorised development to be carried out and to be decommissioned within the Order limits. 2 Each numbered work must be situated within the corresponding numbered area shown on the works plans and within the limits of deviation. Maintenance of authorised development 5 1 The undertaker may at any time maintain the authorised development except to the extent that this Order or an agreement made under this Order provides otherwise. 2 This article only authorises the carrying out of maintenance works within the Order limits. Operation of the authorised development 6 1 The undertaker is authorised to operate the authorised development. 2 Other than as set out in this Order, this article does not relieve the undertaker of any requirement to obtain any permit or licence or any obligation under any legislation that may be required to authorise the operation of the authorised development. Disapplication of legislative provisions 7 1 The following provisions do not apply in relation to the construction of any work or the carrying out of any operation required for the purposes of, or in connection with, the construction, operation or maintenance of any part of the authorised development— a Part V(b) (control of works and dredging) of the 1968 Act; b section 23 (prohibition of obstructions, etc. in watercourses) of the Land Drainage Act 1991 ; c section 32 (variation of awards) of the Land Drainage Act 1991 ; d the provisions of any byelaws made under section 66 (powers to make byelaws) of the Land Drainage Act 1991 ; e the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 (byelaw-making powers of the authority) to the Water Resources Act 1991 ; f regulation 12 (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016 in respect of a flood risk activity only; g the legislation listed in Schedule 3 (legislation to be disapplied) in so far as the provisions still in force are incompatible with the powers contained within this Order; and h the provisions of the Neighbourhood Planning Act 2017 insofar as they relate to temporary possession of land under articles 37 (temporary use of land for carrying out the authorised development) and 38 (temporary use of land for maintaining the authorised development) of this Order. 2 The disapplication of the Metropolis Management (Thames River Prevention of Floods) Amendment Act 1879 by Schedule 3 (legislation to be disapplied) does not affect the Environment Agency’s ability to use the powers vested in it under the Act against any person, other than the undertaker and any other person exercising a power under this Order, provided that the use of those powers vested in the Agency does not interfere with the construction or operation of the authorised development. Interaction with the 1968 Act 8 1 Any works licence granted by the PLA under section 66 (licensing of works) of the 1968 Act which includes within its scope the Belvedere Power Station jetty and still having effect immediately before this Order comes into force shall be varied so that from the date of commencement of Work No. 4A, such a licence shall no longer apply to the Belvedere Power Station jetty. 2 Not later than 30 business days prior to the proposed commencement of Work No. 4A, the undertaker must notify the holder of the BPSJ licence of the works that are intended to be carried out on the Belvedere Power station jetty and any other existing structures that are the subject of the BPSJ licence and the undertaker must provide a copy of such notice to the PLA. 3 Not later than 30 business days following the commencement of Work No. 4A, the undertaker must notify the PLA of the date of the commencement of those works. 4 On each anniversary of the notice given pursuant to paragraph (3) , the undertaker must provide an update on the programme for Work No. 4, which must include confirmation of whether any other existing structures that are not the Belvedere Power Station jetty are to be affected by Work No. 4 in the forthcoming year. 5 Not later than 30 business days following the earlier of— a the completion of Work No. 4; or b a notification being provided under paragraph (4) which indicates that no further works are intended to be undertaken to any other existing structures that are not the Belvedere Power Station jetty, the undertaker must provide the PLA with such information as the PLA may reasonably require to confirm any changed physical extent or entire removal of those existing structures which are not the Belvedere Power Station jetty and are the subject of the BPSJ licence. 6 Any works carried out to existing structures which are not the Belvedere Power Station jetty and are the subject of the BPSJ licence shall not constitute a breach of the BPSJ licence. 7 Within 30 business days of the PLA being notified under paragraph (3) , the PLA must issue a new licence to the holder of the BPSJ licence to reflect— a that the Belvedere Power Station jetty shall no longer form part of the licence; b any changes to the conditions of the works licence that the PLA considers necessary to meet the requirements of the 1968 Act; c the PLA’s duties under the 1968 Act; and d sub-paragraphs (9)(e) and (9)(f) shall apply in respect of the new licence. 8 If a notification under paragraph (5) provides that there has, as a result of Work No. 4, been a change to the physical extent or the entire removal of those existing structures which are not the Belvedere Power Station jetty and are the subject of the BPSJ licence, the PLA must, within 30 business days of the PLA receiving that notification, issue a variation to the licence issued under paragraph (7) to reflect the changes to those structures. 9 To the extent any works licence granted by the PLA under section 66 (licensing of works) of the 1968 Act, other than the BPSJ licence, and still having effect immediately before this Order comes into force includes within its scope existing structures within the limits of deviation of Work No. 4 and which are required to be removed or altered as a result of the carrying out of Work No. 4— a such works shall not constitute a breach of that works licence; b the undertaker must notify the holder of that works licence of the works that are intended to be carried out on the existing structures, at least 30 business days before the works on an existing structure are carried out and provide a copy of such notice to the PLA; c within 30 business days following the completion of the works that are notified to the holder of that works licence under sub-paragraph (b) , the undertaker must provide the PLA with such information as the PLA may reasonably require as to the changed physical extent of the existing structures or to confirm the entire removal of those existing structures; d where existing structures which are the subject of the works licence are not removed in their entirety, whether within or outside the limits of deviation of Work No. 4, the PLA must within 30 business days of receipt of the information referred to in sub-paragraph (c) issue a new licence to the holder of the works licence under this paragraph (9) to reflect— i the physical changes to the existing structures (including any removals of the entirety of existing structures) that are the subject of the works licence; and ii any changes to the conditions of the works licence the PLA considers necessary to reflect the physical changes and to meet the requirements of the 1968 Act and the PLA’s duties under it; e the holder of the works licence for the existing structures in questions shall have the right to appeal the conditions of any new licence issued by the PLA under sub-paragraph (1)(b) of section 69 (appeal to board of trade) of the 1968 Act; f if within 28 days of the issue of the new licence no appeal has been made to the Department for Transport or, where an appeal has been made from the date that the appeal has been determined— i the new licence (with any amendments directed by the Department for Transport) shall apply to the changed extent of the remaining existing structures; ii the existing works licence shall be revoked; iii the holder of the licence must comply with the conditions of the new licence; and iv the 1968 Act shall apply to the existing structures and works authorised by the new licence; and g the undertaker must compensate the holder of the works licence for any reasonable increase to the costs of that licence holder of complying with the conditions of the new works licence, compared to the costs of complying with the works licence that previously applied. 10 The undertaker must pay the reasonable costs of the PLA in complying with sub-paragraph (7) , (8) and (9)(d) and in connection with the PLA’s reasonable costs in participating in any appeal under sub-paragraph (1)(b) of section 69 (appeal to board of trade) of the 1968 Act made in connection with a varied or new works licence issued under sub-paragraph (8) or (9) , but not sub-paragraph (7) . 11 To the extent that any works licence granted by the PLA under section 66 (licensing of works) of the 1968 Act and still having effect immediately before this Order comes into force only includes within its scope existing structures within the limits of deviation of Work No. 4 which are required to be removed in their entirety as a result of the carrying out of Work No. 4— a sub-paragraphs (9)(a) to (9)(c) shall apply in respect of those existing structures; and b following the completion of the works to remove those existing structures in their entirety, the relevant works licence shall be extinguished so that such a licence shall no longer apply to those structures and the PLA must within 30 business days of receipt of the information referred to in sub-paragraph (9)(c) issue to the holder of the works licence notice of such extinguishment. 12 Any existing structure within the limits of deviation for Work No. 4 and for which a works licence no longer subsists as a consequence of paragraph (1) may remain and subsist in the river Thames under the authority of, and subject to the terms of, this Order and the requirement to obtain a works licence under section 66 (licensing of works) of the 1968 Act does not apply to the structure. 13 The PLA must not grant or vary— a a river works licence under section 66 (licensing of works) of the 1968 Act; or b a dredging licence under section 73 (licensing of dredging, etc.) of the 1968 Act; or c if the Port of London Harbour Revision Order is made, a permit to moor under section 66A (permitting or mooring) of the 1968 Act; licensing any works or dredging or permitting of mooring within— d at any time, the limits of deviation for Work Nos. 4A or 4B; and e within the area of dredging within the limits of deviation of Work No. 4C that is approved by the PLA under Part 5 of Schedule 12 from the date that such approval is given by the PLA; without the consent of the undertaker such consent not to be unreasonably withheld or delayed and in any event such consent or refusal must be issued to the PLA no longer than 65 days from the date of the PLA notifying the undertaker that it has received an application for a river works licence under section 66 (licensing of works) of the 1968 Act, a dredging licence under section 73 (licensing of dredging, etc.) of the 1968 Act, or if the Port of London Harbour Revision Order is made, a mooring permit under section 66A (permitting of mooring) of the 1968 Act, to which this sub-paragraph applies. 14 Paragraph (13) does not apply to the authorised navigational channel of the river Thames. 15 Despite the provisions of section 66(1)(b) of the 1968 Act, the grant or variation by the PLA of a river works licence in relation to any part of the river Thames situated within the limits of deviation for Work No. 4 belonging to the PLA and in respect of which the undertaker has a proprietary interest is not, without the consent of the undertaker, to be deemed to confer on the holder of the licence such rights in, under or over the land as are necessary to enable the holder of the licence to enjoy the benefit of the licence. 16 The undertaker must not unreasonably withhold or delay its consent under paragraph (13) or paragraph (15) but may require reasonable modifications to the proposed works or dredging or mooring or impose reasonable conditions on them, and in considering whether to grant consent, require modifications or impose conditions the undertaker must have regard only to the matters mentioned in paragraph (17) . 17 The matters referred to in paragraph (16) are the prevention of significant interference with— a the works comprising the authorised development within the limits of deviation for Work Nos. 4A or 4B or dredging within those limits of deviation; b the area of dredging within the limits of deviation of Work No. 4C that is approved by the PLA under Part 5 of Schedule 12; c access to and egress from those works or area of dredging; or d the use of and access to and egress from any other existing structures within the Order limits. 18 If the undertaker— a in refusing consent under paragraph (13) necessitates the PLA having to refuse a licence application from a third party; or b requires modification or imposes conditions under paragraph (16) , which the PLA then places onto a licence granted to a third party; section 69 of the 1968 Act (appeal to board of trade) does not apply to that refusal, modification or imposition of conditions. 19 Any exclusion zone established pursuant to paragraph 17.1(a) of the PLA General Directions (or any equivalent provision in any replacement of those directions) within the Order limits, or established pursuant to paragraph 17.1(b) of PLA General Directions (or any equivalent provision in any replacement of those directions) in respect of an applicable vessel berthed at the jetty constructed as part of Work No. 4B, shall not apply to vessels, tugs or barges transiting to or from the Middleton Jetty or any structures constructed as part of Work No. 4B for— a operational reasons to transit to or from vessels, mooring or berths within that exclusion zone; b to undertake works or dredging consented by the PLA under the 1968 Act; or c for navigational safety or emergency reasons. 20 In this article “ BPJS licence ” means the licence referred to by paragraph (1) . Benefit of this Order 9 1 Subject to paragraphs (2) and (3) and article 10 (consent to transfer benefit of the Order), the provisions of this Order have effect solely for the benefit of the undertaker. 2 In respect of Work No. 2, the provisions of the Order have effect for the benefit of the undertaker and REPL and RRRL. 3 In respect of Work Nos. 1E(iv) to (vi), 2A(i) to (ii), and 3(c), the provisions of this Order have effect for the benefit of the undertaker and any company operating a relevant heat network as defined by section 216 (relevant heat network) of the Energy Act 2023 . Consent to transfer benefit of the Order 10 1 Except where paragraph (6) applies, the undertaker or, where relevant, the other parties listed in article 9 (benefit of this Order) may, with the consent of the Secretary of State— a transfer to another person (“ the transferee ”) all or any part of the benefit of the provisions of this Order (including any part of the authorised development but excluding the deemed marine licence referred to in paragraph (2) below) and such related statutory rights as may be agreed in writing between the undertaker and the transferee; or b grant to another person (“ the lessee ”), for a period agreed between the undertaker and the lessee, all or any part of the benefit of the provisions of this Order (including any part of the authorised development, but excluding the deemed marine licence referred to in paragraph (2) below) and such related statutory rights as may be agreed between the undertaker and the lessee. 2 The undertaker may with the consent of the Secretary of State— a where an agreement has been made in accordance with sub-paragraph (1)(a), transfer to the transferee the whole of the deemed marine licence and such related statutory rights as may be agreed between the undertaker and the transferee; or b where an agreement has been made in accordance with sub-paragraph (1)(b), grant to the lessee the whole of the deemed marine licence and such related statutory rights as may be so agreed. 3 The Secretary of State must consult the MMO before giving consent to the transfer or grant to another person of the whole or any part of the benefit of the provisions of a deemed marine licence and must consult the PLA before giving consent to the transfer or grant to another person of the whole or any part of the benefit of Work No. 4. 4 Where an agreement has been made in accordance with paragraph (1) , (2) or (6) references in this Order to the undertaker, except paragraph (5) , include references to the transferee or the lessee. 5 The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) or (2) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker. 6 This paragraph applies where— a the transferee or lessee holds a licence under section 6 (licences authorising supply, etc.) of the Electricity Act 1989 ; b in respect of Work Nos. 1D and 4B only, the transferee or lessee holds a licence under section 7 (power to grant licences) of the Energy Act 2023 ; c in relation to a transfer or lease of any works within a highway, the transferee or lessee is a highway authority responsible for the highways within the Order limits; or d the time limits for all claims for compensation in respect of the acquisition of land or effects upon land under this Order have elapsed and— i no such claims have been made; ii any such claims that have been made have all been compromised or withdrawn; iii compensation has been paid in final settlement of any claims made; iv payment of compensation into court in lieu of settlement of all such claims has taken place; or v it has been determined by a tribunal or court of competent jurisdiction in respect of all claims that no compensation is payable. 7 Where paragraph (6) applies, the undertaker, or, where relevant, the other parties listed in article 9 , must notify the Secretary of State in writing before transferring or granting all or any part of the benefit of the provisions of this Order and such related statutory rights referred to in paragraph (1) but such transfer does not require the Secretary of State’s consent. 8 The notification referred to in paragraph (7) must state— a the name and contact details of the person to whom the benefit of the powers will be transferred or granted; b subject to paragraph (9) , the date on which the transfer will take effect; c the powers to be transferred or granted; d pursuant to paragraph (5) , the restrictions, liabilities and obligations that will apply to the person exercising the powers transferred or granted; and e where relevant, a plan showing the works or areas to which the transfer or grant relates. 9 The date specified under paragraph (8)(b) must not be earlier than the expiry of five business days from the date of the receipt of the notice. 10 The notice given under paragraph (7) must be signed by the undertaker and the person to whom the benefit of the powers will be transferred or granted as specified in that notice. 11 The undertaker must, within 10 business days after entering into an agreement under paragraph (1) , (2) or (6) in relation to which any of the benefit of the deemed marine licence or Work No. 4 is to be transferred to another party, notify the Environment Agency, the PLA, and the MMO in writing, and the notice must include particulars of the other party to the agreement under paragraph (1) , (2) or (6) and details of the extent, nature and scope of the functions to be transferred or otherwise dealt with which relate to the functions of any of those bodies. Guarantees in respect of payment of compensation 11 1 The undertaker must not begin to exercise the powers conferred by the provisions referred to in paragraph (2) in relation to any Order land unless it has first put in place either— a a guarantee, the form and the amount of that guarantee approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2) ; or b an alternative form of security, the form and amount of that security approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2) . 2 The provisions are— a article 28 (compulsory acquisition of land); b article 30 (compulsory acquisition of rights); c article 32 (private rights); d article 37 (temporary use of land for carrying out the authorised development); e article 38 (temporary use of land for maintaining the authorised development); and f article 39 (statutory undertakers). 3 A guarantee or alternative form of security given in respect of any liability of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2) is to be treated as enforceable against the guarantor or person providing the alternative form of security by any person to whom such compensation is payable and must be in such a form as to be capable of enforcement by such a person. 4 Nothing in this article requires a guarantee or alternative form of security to be in place for more than 15 years after the date on which the relevant power is exercised. Streets Application of the permit scheme 12 1 The permit scheme must, in relation to streets which are subject to the permit scheme, be used by the undertaker in connection with works sought to be undertaken pursuant to the exercise of the following powers, or in the exercise of such powers— a article 13 (street works); b article 14 (power to alter layout, etc., of streets); c article 18(1)(b) (access to the authorised development); and d article 20 (traffic regulation measures). 2 Where paragraph (1) applies— a a permit application in relation to those works may not be refused or granted under the permit scheme subject to conditions which relate to the imposition of moratoria; and b a permit in relation to those works may not be granted subject to conditions where compliance with those conditions would constitute a breach of this Order, the terms of any consent, agreement or approval granted under the terms of this Order, or where the undertaker would be unable to comply with those conditions pursuant to the powers conferred by this Order. 3 References to moratoria in paragraph (2) mean restrictions imposed under section 58 (restrictions on works following substantial road works) or section 58A (restrictions on works following substantial street works) of the 1991 Act. 4 Without restricting the undertaker’s recourse to any alternative appeal mechanism which may be available under the permit scheme, the undertaker may appeal any decision to refuse to grant a permit or to grant a permit subject to conditions pursuant to the permit scheme in accordance with the mechanism set out in Schedule 14 of this Order. Street works 13 1 The undertaker may, for the purposes of the authorised development, enter on so much of any of the street specified in Schedule 4 (streets subject to street works) and may— a break up or open the street, or any sewer, drain or tunnel under it; b drill, tunnel or bore under the street; c place and keep apparatus in or under the street; d maintain apparatus in or under the street, change its position or remove it; and e execute any works required for or incidental to any works referred to in sub-paragraph (a) , (b) , (c) or (d) . 2 The authority given by paragraph (1) is a statutory right for the purposes of sections 48(3) (streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the 1991 Act. 3 Where the undertaker is not the street authority, the provisions of sections 54 to 106 of the 1991 Act apply to any street works carried out under paragraph (1) . Power to alter layout, etc., of streets 14 1 The undertaker may, for the purposes of the authorised development, temporarily or permanently alter the layout of or construct any works in the street as specified in column (2) of Part 1 (permanent or temporary alteration of layout) of Schedule 5 (streets subject to permanent or temporary alteration of layout) in the manner specified in relation to that street in column (3) of that Part of that Schedule. 2 Without prejudice to the specific powers conferred by paragraph (1) , but subject to paragraphs (3) and (4) , the undertaker may, for the purposes of the authorised development alter the layout of any street within the Order limits and, without limiting the scope of this paragraph— a temporarily or permanently alter the layout of or construct any works in the street as specified in column (2) of Part 2 (permanent or temporary alteration of layout) of Schedule 5 (streets subject to permanent or temporary alteration of layout) in the manner specified in relation to that street in column (3) of that Part of that Schedule; b alter the level or increase the width of any kerb, footway, cycle track or verge; c alter, remove, modify and restore street furniture; d trim vegetation in the street; and e make and maintain passing places. 3 The undertaker must restore any street that has been temporarily altered under this article to the reasonable satisfaction of the street authority. 4 The powers conferred by paragraphs (1) and (2) must not be exercised without the consent of the street authority. 5 Paragraphs (3) and (4) do not apply where the undertaker is the street authority for a street in which the works are being carried out. Permanent stopping up of specified street and private means of access 15 1 Subject to the provisions of this article, the undertaker may, in connection with the construction of the authorised development, permanently stop up— a the street shown on the access and rights of way plan and specified in column (3) of Part 1 (street to be permanently stopped up for which a substitute is to be provided) of Schedule 6 (permanent stopping up of street and private means of access and provision of new street and private means of access); and b the private means of access shown on the access and rights of way plan and specified in column (3) of Part 2 (private means of access to be permanently stopped up for which a substitute is to be provided) of Schedule 6 (permanent stopping up of street and private means of access and provision of new street and private means of access). 2 The street in column (3) of Part 1 (street to be permanently stopped up for which a substitute is to be provided) of Schedule 6 (permanent stopping up of street and private means of access and provision of new street and private means of access) must not be permanently stopped up unless the new street to be constructed and substituted for it, which is specified in column (4) of Part 1 (street to be permanently stopped up for which a substitute is to be provided) of Schedule 6 (permanent stopping up of street and private means of access and provision of new street and private means of access) is open for use. 3 The private means of access shown on the access and rights of way plan and specified in column (3) of Part 2 (private means of access to be permanently stopped up for which a substitute is to be provided) of Schedule 6 (permanent stopping up of street and private means of access and provision of new street and private means of access) must not be permanently stopped up unless the new private means of access to be constructed and substituted for it, which is specified in column (4) of Part 2 (private means of access to be permanently stopped up for which a substitute is to be provided) of Schedule 6 (permanent stopping up of street and private means of access and provision of new street and private means of access) is open for use. 4 Where a street or private means of access has been stopped up under this article— a all rights of way over or along the street or private means of access so stopped up are extinguished; and b the undertaker may appropriate and use for the purposes of the authorised development so much of the side of the street or private means of access as is bounded on both sides by land owned by the undertaker. 5 Any person who suffers loss by the suspension or extinguishment of any private right of way under this article is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act. 6 This article is subject to article 40 (apparatus and rights of statutory undertakers in stopped up streets). Temporary prohibition or restriction of use of streets, private means of access and public rights of way and authorising vehicular use on public rights of way 16 1 The undertaker may for the purposes of the authorised development, temporarily alter, divert, prohibit the use of or restrict the use of any street or public right of way and may for any reasonable time— a divert the traffic from the street or public right of way; and b subject to paragraph (3) , prevent all persons or traffic from passing along the street or public right of way. 2 Without prejudice to the scope of paragraph (1) , the undertaker may use any street or public right of way where the use has been prohibited or restricted under the powers conferred by this article and within the Order limits as a temporary working site. 3 The undertaker must provide reasonable access for non-motorised users (including pedestrians) and vehicles going to or from premises abutting a street or public right of way affected by the temporary alteration, diversion, prohibition or restriction of a street or public right of way under this article if there would otherwise be no such access. 4 Without prejudice to the generality of paragraph (1) , the undertaker may— a temporarily alter, divert, prohibit the use of or restrict the use of the streets or public rights of way specified in columns (1) and (2) of Part 1 (temporary alteration, prohibition, diversion or restriction of the use of streets and public rights of way) of Schedule 7 (temporary alteration, prohibition, diversion or restriction of the use of streets and public rights of way and authorising vehicular use on public rights of way) to the extent specified in column (3) of that Schedule; and b authorise the temporary use of motor vehicles on the public rights of way specified in column (2) of the table in Part 2 (temporary use of motor vehicles on public right of way) of Schedule 7 (temporary alteration, prohibition, diversion or restriction of the use of streets and public rights of way and authorising vehicular use on public rights of way) to the extent specified in column 3 of that table. 5 Paragraph (4)(b) , and any authorisation given by the undertaker under it constitutes lawful authority for the purposes of section 34 (prohibition on driving mechanically propelled vehicles elsewhere than on roads) of the Road Traffic Act 1988 . 6 The undertaker must not temporarily alter, divert, prohibit the use of or restrict the use of— a any public right of way specified in paragraph (4) without— i in relation to the construction of the authorised development only, a code of construction practice for the phase of the authorised development in which the public right of way is situated first having been approved under requirement 7 (code of construction practice); and ii in relation to the decommissioning of the authorised development only, a decommissioning environmental management plan for the phase of the authorised development in which the public right of way is situated first having been approved under requirement 23 (decommissioning environmental management plan); and b any other street without the consent of the street authority. 7 Any person who suffers loss by the suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act. 8 In this article expressions used in this article and in the 1984 Act have the same meaning. Permanent closure and diversion of, and creation of new public rights of way and authorising vehicular use on public rights of way 17 1 Subject to paragraph (2) the undertaker may, for the purposes of the authorised development, permanently stop up public footpath 2 within the London Borough of Bexley between the points L and H on the access and rights of way plan. 2 The undertaker must not permanently stop up the public right of way referred to in paragraph (1) until— a the relevant highway authority has agreed the route for a substitute footpath between points H and L on the access and rights of way plan; b the landscape, biodiversity, access and recreation delivery strategy which relates to the land on which the substitute public rights of way is to be provided has been approved under requirement 12 (landscape, biodiversity, access and recreation delivery strategy); and c the undertaker has provided a substitute public right of way along the route agreed by the relevant highway authority under sub-paragraph (a) . 3 The undertaker may, in connection with the authorised development, construct new public footpaths— a between points B and D on the access and rights of way plan; and b between points L and M on the access and rights of way plan. 4 The undertaker must not exercise the powers in paragraph (3) until the landscape, biodiversity, access and recreation delivery strategy which relates to the land on which the substitute public rights of way is to be provided has been approved under requirement 12 (landscape, biodiversity, access and recreation delivery strategy). 5 The undertaker may authorise the use of motor vehicles on— a the current route of footpath 2 between points H and L on the access and rights of way plan; b the diverted route of footpath 2 between points H and L on the access and rights of way plan created under paragraph (2) ; c any public footpath created under paragraph (3) ; d footpath 1 in the London Borough of Bexley between points M and S on the access and rights of way plan; e footpath 2 in the London Borough of Bexley between points H and S and between points R and H on the access and rights of way plan; f footpath 3 in the London Borough of Bexley between points A and T on the access and rights of way plan; and g footpath 4 in the London Borough of Bexley between points C and F on the access and rights of way plan. 6 Paragraph (5) , and any authorisation given by the undertaker under it constitutes lawful authority for the purposes of section 34 (prohibition on driving mechanically propelled vehicles elsewhere than on roads) of the Road Traffic Act 1988. 7 Following the opening for public use of a public right of way that has been constructed, permanently altered or permanently diverted under the powers conferred by this Order, the undertaker must supply the surveying authority with plans showing that public right of way as constructed, permanently altered or permanently diverted together with a statement of the modifications required to the definitive map and statement. 8 The plans and statement of modifications to the definitive statement referred to in paragraph (7) are deemed to be an order modifying the definitive map and statement made under section 53(3)(a) (duty to keep definitive map and statement under continuous review) of the Wildlife and Countryside Act 1981. 9 In this article— a “ definitive map and statement ” has the meaning given to it by section 53(1) (duty to keep definitive map and statement under continuous review) of the Wildlife and Countryside Act 1981; and b “ surveying authority ” has the meaning given to it by section 66(1) (interpretation of Part III) of the Wildlife and Countryside Act 1981. Access to the authorised development 18 1 The undertaker may for the purposes of the authorised development— a with the approval of the highway authority, form and layout temporary and permanent means of access from Norman Road in the London Borough of Bexley between the points E and K on the access and rights of way plan; and b with the approval of the highway authority, form and lay out such other means of access or improve the existing means of access, at such locations as the undertaker reasonably requires for the purposes of the authorised development, including from Norman Road in the London Borough of Bexley between points K and O on the access and rights of way plan. 2 The undertaker may for the purposes of the authorised development— a utilise the temporary or permanent means of access from the public highway constructed under the REP Order; and b utilise the temporary means of access from the public highway constructed under the REP Order as permanent means of access for the authorised development. 3 Prior to the commissioning of Work No. 1, the undertaker must notify the relevant planning authority and the relevant highway authority if it intends to utilise the power in paragraph (2)(b) . 4 Where paragraph (2) applies, the REP Order undertaker shall not be required to— a remove temporary accesses from the public highway created under the REP Order that are being utilised during the construction of the authorised development or, after construction, are to be used as permanent means of access by the undertaker; or b restore any alterations to the layout to streets that were undertaken to facilitate the creation of temporary access from the public highway under the REP Order that are being utilised during the construction of the authorised development or, after construction are to be used as permanent means of access by the undertaker; and c it shall not be considered to be a breach of the terms of the REP Order if such temporary accesses are not removed and alterations to streets are not restored. 5 For the purposes of this article “ the REP Order undertaker ” means the undertaker as defined by article 2 (interpretation) of the REP Order. Agreements with street authorities 19 1 A street authority and the undertaker may enter into agreements with respect to— a the construction of any new street including any structure carrying the street, whether or not over or under any part of the authorised development; b the strengthening, improvement, repair or reconstruction of any street under the powers conferred by this Order; c the maintenance of any street or the structure of any bridge or tunnel carrying a street over or under the authorised development; d any alteration, diversion, prohibition or restriction in the use of a street authorised by this Order; e the construction in the street of any of the authorised development; or f any such works as the parties may agree. 2 Such an agreement may, without prejudice to the generality of paragraph (1) — a make provision for the street authority to carry out any function under this Order which relates to the street in question; b include an agreement between the undertaker and street authority specifying a reasonable time for the completion of the works; and c contain such terms as to payment and otherwise as the parties consider appropriate. Traffic regulation measures 20 1 Subject to the provisions of this article the undertaker may at any time, in the interests of safety and for the purposes of or in connection with the authorised development— a make provision in respect of the length of Norman Road in the London Borough of Bexley hatched red and black between points A and B on the traffic regulation measures plan, and the length of the A2016 Picardy Manorway in the London Borough of Bexley hatched red and black between points B and C on the traffic regulation measures plan, imposing a temporary speed limit of 10 miles per hour; b make provision in respect of the length of Norman Road in the London Borough of Bexley hatched red and black between points A and B on the traffic regulation measures plan, and the length of A2016 Picardy Manorway in the London Borough of Bexley hatched red and black between points B and D on the traffic regulation measures plan temporarily closing the road; c put in place temporary pedestrian crossings at any point on the length of Norman Road in the London Borough of Bexley hatched red and black between points A and B on the traffic regulation measures plan, and the length of A2016 Picardy Manorway in the London Borough of Bexley hatched red and black between points B and D on the traffic regulation measures plan; and d temporarily place traffic signs and signals in and adjacent to the extents of Norman Road in the London Borough of Bexley hatched red and black between points A and B on the traffic regulation measures plan, and the extents of A2016 Picardy Manorway in the London Borough of Bexley hatched red and black between points B and D on the traffic regulation measures plan, and the placing of those traffic signs and signals is deemed to have been permitted by the traffic authority for the purposes of section 65 of the 1984 Act and the Traffic Signs Regulations and General Directions 2016 , including, notwithstanding article 4 (development consent granted by the Order), locations outside of the Order limits. 2 Subject to the provisions of this article and without limitation to the exercise of the power conferred by paragraph (1) , the undertaker may make temporary provision for the purposes of the authorised development— a as to the speed at which vehicles may proceed along any road; b permitting, prohibiting or restricting the stopping, waiting, loading or unloading of vehicles on any road; c as to the prescribed routes for vehicular traffic or the direction or priority of vehicular traffic on any road; d permitting, prohibiting or restricting the use by vehicular traffic or non-vehicular traffic of any road; e suspending or amending in whole or in part any order made, or having effect as if made, under the 1984 Act; and f temporarily place traffic signs and signals in or adjacent to a street and the placing of those traffic signs and signals is deemed to have been permitted by the traffic authority for the purposes of section 65 of the 1984 Act and the Traffic Signs Regulations and General Directions 2016 , including, notwithstanding article 4 (development consent granted by the Order), locations outside of the Order limits. 3 No speed limit imposed by or under this Order applies to vehicles falling within regulation 3(4) of the Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011 when in accordance with regulation 3(5) of those regulations. 4 Before exercising the power conferred by paragraph (2) the undertaker must— a consult with the chief officer of police in whose area the road is situated; and b obtain the written consent of the traffic authority. 5 The undertaker must not exercise the powers in paragraph (1) or (2) unless it has— a given not less than 4 weeks’ notice in writing of its intention to do so to the traffic authority in whose area the road is situated; b not less than 7 days before the provision is to take effect, published the undertaker’s intention to make the provision in one or more newspaper circulating in the area in which any road to which the provision relates is situated; and c either— i in relation to the construction of the authorised development only, have first obtained approval under requirement 9 (construction traffic management plan) for a construction traffic management plan for the part of the authorised development in relation to which the power conferred by paragraph (1) or (2) is sought to be utilised; or ii in relation to the decommissioning of the authorised development only, have first obtained approval under requirement 24 (decommissioning environmental management plan) for a decommissioning environmental management plan for the part of the authorised development in relation to which the power conferred by paragraph (1) or (2) is sought to be utilised. 6 Any provision made under the powers conferred by paragraph (1) or (2) of this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred by paragraph (1) or (2) . 7 Any provision made by the undertaker under paragraph (1) or (2) — a must be made by written instrument in such form as the undertaker considers appropriate; b has effect as if duly made by the traffic authority in whose area the road is situated as a traffic regulation order under the 1984 Act and the instrument by which it is effected may specify specific savings and exemptions to which the provision is subject; and c is deemed to be a traffic order for the purposes of Schedule 7 (road traffic contraventions subject to civil enforcement) to the Traffic Management Act 2004 . 8 In this article— a subject to sub-paragraph (b) , expressions used in this article and in the 1984 Act have the same meaning; and b a “ road ” means a road that is a public highway maintained by and at the expense of the traffic authority. Supplementary powers Discharge of water 21 1 Subject to paragraphs (3) and (4) , the undertaker may use any watercourse, public sewer or drain for the drainage of water in connection with the construction, operation or maintenance of the authorised development and for that purpose may lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse, public sewer or drain. 2 Any dispute arising from the making of connections to or the use of a public sewer or drain by the undertaker pursuant to paragraph (1) is to be determined as if it were a dispute under section 106 (right to communicate with public sewers) of the Water Industry Act 1991 . 3 The undertaker must not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs, whose consent may be given subject to such terms and conditions as that person may reasonably impose, but must not be unreasonably withheld or delayed. 4 The undertaker must not make any opening into any public sewer or drain except— a in accordance with plans approved by the person to whom the sewer or drain belongs, but approval must not be unreasonably withheld or delayed; and b where that person has been given the opportunity to supervise the making of the opening. 5 The undertaker must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain pursuant to this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension. 6 Nothing in this article overrides the requirement for an environmental permit under regulation 12(1)(b) of the Environmental Permitting (England and Wales) Regulations 2016. 7 In this article— a “ public sewer or drain ” means a sewer or drain which belongs to Homes England, the Environment Agency, a harbour authority within the meaning of section 57 (interpretation) of the Harbours Act 1964 , an internal drainage board, a joint planning board, a local authority, a National Park Authority, a sewerage undertaker or an urban development corporation; and b other expressions, excluding watercourse, used both in this article and in the Water Resources Act 1991 have the same meaning as in that Act. Authority to survey and investigate the land 22 1 The undertaker may for the purposes of this Order enter on any land shown within the Order limits or enter on any land which may be affected by the authorised development and— a survey or investigate the land; b without limitation to the generality of sub-paragraph (a) , make trial holes in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer and subsoil and remove soil samples; c without limitation to the generality of sub-paragraph (a) , carry out ecological or archaeological investigations on such land; and d place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes. 2 No land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless at least 14 days’ notice has been served on every owner and occupier of the land. 3 Any person entering land under this article on behalf of the undertaker— a must, if so required before entering the land, produce written evidence of their authority to do so; and b may take onto the land such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes. 4 No trial holes are to be made under this article— a in land located within the highway boundary without the consent of the highway authority; or b in a private street without the consent of the street authority, but such consent must not be unreasonably withheld or delayed. 5 The undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the authority conferred by this article, such compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act . 6 Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the entry onto, or possession of, land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act. Protective works to buildings 23 1 Subject to the following provisions of this article, the undertaker may at its own expense carry out such protective works to any building or structure lying within the Order limits as the undertaker considers necessary or expedient. 2 Protective works may be carried out— a at any time before or during the construction of any part of the authorised development in the vicinity of the building or structure; or b after the completion of that part of the authorised development in the vicinity of the building or structure at any time up to the end of the period of 5 years beginning with the date of final commissioning. 3 For the purpose of determining how the powers under this article are to be exercised the undertaker may enter and survey any building or structure falling within paragraph (1) and any land within its curtilage. 4 For the purpose of carrying out protective works under this article to a building or structure the undertaker may (subject to paragraphs (5) and (6) )— a enter the building or structure and any land within its curtilage; and b where the works cannot be carried out reasonably conveniently without entering land which is adjacent to the building or structure but outside its curtilage, enter the adjacent land (but not any building erected on it) within the Order limits. 5 Before exercising— a a power under paragraph (1) to carry out protective works under this article to a building or structure; b a power under paragraph (3) to enter a building or structure and land within its curtilage; c a power under paragraph (4)(a) to enter a building or structure and land within its curtilage; or d a power under paragraph (4)(b) to enter and take possession of land, the undertaker must, except in the case of emergency, serve on the owners and occupiers of the building, structure or land not less than 14 days’ notice of its intention to exercise that power and, in a case falling within sub-paragraph (a) , (c) or (d) specifying the protective works proposed to be carried out. 6 Where a notice is served under paragraph (5)(a) , (5)(c) or (5)(d) , the owner or occupier of the building, structure or land concerned may, by serving a counter-notice within the period of 7 days beginning with the day on which the notice was served, require the question of whether it is necessary or expedient to carry out the protective works or to enter the building, structure or land to be referred to arbitration under article 49 (arbitration). 7 The undertaker must compensate the owners and occupiers of any building, structure or land in relation to which powers under this article have been exercised for any loss or damage arising to them by reason of the exercise of those powers. 8 Where— a protective works are carried out to a building or structure under this article; and b within 5 years beginning with the date of final commissioning for that part of the authorised development in the vicinity of the building or structure it appears that the protective works are inadequate to protect the building or structure against damage caused by the construction, operation or maintenance of that part of the authorised development, the undertaker must compensate the owners and occupiers of the building or structure for any loss or damage sustained by them. 9 Nothing in this article relieves the undertaker from any liability to pay compensation under section 10(2) (compensation for injurious affection) of the 1965 Act. 10 Any compensation payable under paragraph (7) or (8) must be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act. 11 Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the entry onto, or possession of, land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act. 12 In this article “ protective works ” in relation to a building means— a underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building or structure by the construction, operation or maintenance of the authorised development; and b any works the purpose of which is to remedy any damage which has been caused to the building by the construction, operation or maintenance of the authorised development. Felling or lopping of trees 24 1 The undertaker may fell or lop any tree or shrub not subject to a tree preservation order within or overhanging land within the Order limits, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub— a from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or b from constituting a danger to persons using the authorised development; or c from obstructing or interfering with the passage of construction vehicles to the extent necessary for the purposes of construction of the authorised development. 2 In carrying out any activity authorised by paragraph (1) the undertaker must do no unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity. 3 Any dispute as to a person’s entitlement to compensation under paragraph (2) , or as to the amount of compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act. Works in the river Thames: conditions 25 1 Subject to the provisions of this article, during the construction of the authorised development the public right of navigation over any part of the river Thames that is situated within the Order limits may be temporarily suspended by the undertaker with the written approval of the PLA. 2 Not later than 28 business days prior to the proposed commencement date of any suspension of the public right of navigation, the undertaker must apply to the PLA for approval under paragraph (1) for such suspension (except in the case of an emergency when the undertaker must give such notice as is reasonably practicable). 3 An application for approval under paragraph (2) must provide details of the proposed suspension, including particulars of— a its commencement date; b its duration; and c the affected area, and must include an explanation of the need for the proposed suspension. 4 The PLA may in relation to any application for approval made under paragraph (2) impose reasonable conditions for any purpose described in paragraph (5) . 5 Conditions imposed under paragraph (4) may include conditions as to— a the limits of any area subject to a temporary suspension of the public right of navigation; b the duration of any temporary suspension; c the means of marking or otherwise providing warning in the river Thames of any area affected by a temporary suspension of the public right of navigation; and d the use by the undertaker of the area subject to any temporary suspension so as not to interfere with any other part of the river Thames or affect its use. 6 Following an approval of any suspension given by the PLA under this article or determined in accordance with article 49 (arbitration), the PLA must issue a notice to mariners within 12 business days of the approval, giving the commencement date and other particulars of the suspension to which the approval relates, and that suspension will take effect on the date specified and as otherwise described in the notice. 7 Subject to paragraph (8) , an application for approval under this article is deemed to have been refused if it is neither given nor refused within 28 business days of the PLA receiving the application under paragraph (2) . 8 An approval of the PLA under this article is not deemed to have been unreasonably withheld or delayed, if approval within the time limited by paragraph (7) has not been given pending the outcome of any consultation on the approval in question that the PLA is obliged to carry out in the proper exercise of its functions. 9 Notwithstanding sub-paragraphs (1) to (8) , construction of the authorised development must be carried out so that— a the suspension of the public right of navigation applies to no more of the river than is necessary in the circumstances; b all reasonable steps are taken to secure that the period of suspension is kept to a minimum; and c that the minimum obstruction, delay or interference is caused to vessels or craft which may be using or intending to use the part where the public right of navigation is so suspended. 10 Except in the case of an emergency, the undertaker must notify the owner of any mooring and the owner or master of any vessel or structure likely to be materially affected by any proposal to exercise the powers conferred by this Order at least 35 days before the exercise of those powers. 11 If— a by reason of the exercise of the powers conferred by this Order it is reasonably necessary for the owner of any mooring to incur costs in temporarily or permanently altering, removing, re-siting, repositioning or reinstating that mooring, or laying down and removing substituted moorings or buoys, or carrying out dredging operations for any such purpose, not being costs which it would have incurred for any other reason; and b the owner of the mooring in question gives to the undertaker not less than 28 days’ notice of its intention to incur such costs, and acting reasonably takes into account any representations which the undertaker may make in response to the notice within 14 days of the receipt of the notice, the undertaker must pay the costs reasonably so incurred by the owner of that mooring. 12 A person may not without the consent in writing of the undertaker (which may be given subject to conditions)— a use, for the purpose of landing or embarking persons or landing or loading goods from or into any vessel, any work constructed or used in connection with the authorised development; or b remove, move or otherwise interfere with any work, machinery, apparatus, tools or other things in use or intended for use in constructing the authorised development. Oversailing rights 26 1 Subject to the provisions of this article, the undertaker may, in connection with the construction, operation, maintenance or decommissioning of the authorised development, oversail any booms, cranes and similar or associated plant or machinery over land within, or adjacent to, the Order limits (whether or not such adjacent land is inside or outside the Order limits). 2 At least 14 days before oversailing any land that is not within the Order limits, the undertaker must serve notice of the intended oversailing on the owners and occupiers of the land and such notice must set out— a the proposed duration of the oversailing; b the proposed hours of use of the equipment that is intended to oversail the land; and c a map of the location of the works which require the oversail, including the area of oversail. 3 No oversailing of any land that is within the highway may take place until— a in relation to the construction of the authorised development only, a code of construction practice for the part of the authorised development for which the oversailing is required first having been approved under requirement 7 (code of construction practice); and b in relation to the decommissioning of the authorised development only, a decommissioning environmental management plan for the phase of the authorised development for which the oversailing is required first having been approved under requirement 23 (decommissioning environmental management plan). 4 The undertaker must compensate the owners and occupiers of any building or land in relation to which rights under this article have been exercised for any loss or damage arising to them by reason of the exercise of those rights. Power to dredge 27 1 The undertaker may dredge, deepen, scour, cleanse, alter and improve the river bed and foreshore within any part of the limits of deviation for Work No. 4 as may be required for the purpose of maintaining and operating the authorised development. 2 All materials dredged up or removed by the undertaker in exercise of the powers of paragraph (1) of this article or under Schedule 1 (authorised development) to this Order (other than a wreck within the meaning of Part 9 (salvage and wreck) of the Merchant Shipping Act 1995 ) are to be the property of the undertaker and may be used, sold, deposited or otherwise disposed of as the undertaker thinks fit. 3 No materials dredged under the powers of this Order may be disposed of in the UK marine area except in accordance with an approval from— a the MMO under the deemed marine licence in Schedule 11 (deemed marine licence); and b the PLA under Part 5 of Schedule 12 (protective provisions) where such disposal is on the bed of the river Thames. 4 The exercise of the powers of this article is subject to the requirements of Part 5 of Schedule 12 (protective provisions) as to the PLA’s approval of dredging proposals and the payment of compensation for dredged material. 5 In respect of any activities falling within paragraph (1) , this Order is deemed to be legislation falling within section 75(3) (exemptions for certain dredging etc. activities) of the 2009 Act. PART 3 POWERS OF ACQUISITION AND POSSESSION OF LAND Powers of acquisition Compulsory acquisition of land 28 1 The undertaker may acquire compulsorily so much of the Order land as is required for the authorised development or to facilitate it, or as is incidental to it. 2 This article is subject to article 30 (compulsory acquisition of rights), article 31 (acquisition of subsoil or airspace only) and article 37 (temporary use of land for carrying out the authorised development). Time limit for exercise of authority to acquire land compulsorily 29 1 After the end of the period of seven years beginning on the day on which this Order comes into force— a no notice to treat may be served under Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act; and b no declaration may be executed under section 4 (execution of declaration) of the 1981 as applied by article 34 (application of the 1981 Act). 2 The authority conferred by article 37 (temporary use of land for carrying out the authorised development) must cease at the end of the period referred to in paragraph (1) , save that nothing in this paragraph prevents the undertaker remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period. Compulsory acquisition of rights 30 1 Subject to paragraph (2) the undertaker may acquire compulsorily such rights over, or impose such restrictive covenants affecting the Order land as may be required for any purpose for which that land may be acquired under article 28 (compulsory acquisition of land), by creating them as well as by acquiring rights already in existence. 2 In the case of the Order land specified in column (1) of the table in Schedule 8 (land in which only new rights etc. may be acquired) the undertaker’s powers of compulsory acquisition are limited to the acquisition of existing rights and the benefit of restrictive covenants over land and the creation and acquisition of such new rights and the imposition of such new restrictive covenants as are specified in column (2) of the table in that Schedule. 3 Subject to section 8 (other provisions as to divided land) of the 1965 Act, schedule 2A (counter-notice requiring purchase of land not in notice to treat) (as substituted by paragraph 5(8) of Schedule 9 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of new restrictive covenants)) and section 12 (divided land) of the 1981 Act, where the undertaker creates or acquires a right over land or the benefit of a restrictive covenant, under paragraph (1) or (2) , the undertaker is not required to acquire a greater interest in that land. 4 Schedule 9 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of new restrictive covenants) has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of a restrictive covenant. 5 In any case where the acquisition of new rights or the imposition of restrictive covenants under paragraph (1) or (2) is required for the purposes of diverting, replacing or protecting the apparatus of a statutory undertaker, the undertaker may, with the consent of the Secretary of State, transfer the power to create and acquire such rights or impose such restrictive covenants to the statutory undertaker in question. 6 The exercise by a statutory undertaker of any power in accordance with a transfer under paragraph (5) is subject to the same restrictions, liabilities and obligations as would apply under this Order if that power were exercised by the undertaker. 7 The Secretary of State’s consent under paragraph (5) is not required for those statutory undertakers referenced in article 9 (benefit of this Order). 8 Subject to the modifications set out in Schedule 9 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of new restrictive covenants) the enactments for the time being in force with respect to compensation for the compulsory purchase of land are to apply in the case of a compulsory acquisition under this Order in respect of a right by the creation of a new right or imposition of a restrictive covenant as they apply to the compulsory purchase of land and interests in land. Acquisition of subsoil or airspace only 31 1 The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of or the airspace over the land referred to in article 28 (1) (compulsory acquisition of land) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land. 2 Where the undertaker acquires any part of, or rights in, the subsoil of or the airspace over land under paragraph (1) , the undertaker is not required to acquire an interest in any other part of the land. 3 The following do not apply in connection with the exercise of the power under paragraph (1) in relation to subsoil only— a Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act; b Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and c section 153 (4A) (blighted land: proposed acquisition of part interest; material detriment test) of the 1990 Act. 4 Paragraphs (2) and (3) are to be disregarded where the undertaker acquires a cellar, vault, arch, or other construction forming part of a house, building or manufactory. Private rights 32 1 Subject to the provisions of this article, all private rights and restrictive covenants over land subject to compulsory acquisition under this Order are extinguished— a as from the date of acquisition of the land by the undertaker whether compulsorily or by agreement; or b on the date of entry on the land by the undertaker under section 11(1) (power of entry) of the 1965 Act, whichever is the earliest. 2 Subject to the provisions of this article, all private rights and restrictive covenants over land subject to the compulsory acquisition of rights or the imposition of restrictive covenants under this Order are suspended and unenforceable or, where the owner of such rights or the person have the benefit of such restrictive covenants is notified by the undertaker, extinguished, in so far as the continuance of the right or the burden of the restrictive covenant would be inconsistent with the exercise of the right or burden of the restrictive covenant— a as from the date of acquisition of the right or imposition of the restriction by the undertaker, whether compulsorily or by agreement; or b on the date of entry onto the land by the undertaker under section 11(1) (power of entry) of the 1965 Act in pursuance of the right, whichever is the earliest. 3 Subject to the provisions of this article, all private rights and restrictive covenants over land owned by the undertaker within the Order limits are extinguished on commencement of any activity authorised by this Order which interferes with or breaches such rights. 4 Subject to the provisions of this article, all private rights or restrictive covenants over land of which the undertaker takes temporary possession under this Order are suspended and unenforceable for as long as the undertaker remains in lawful possession of the land and so far as their continuance would be inconsistent with the exercise of the temporary possession of that land. 5 Any person who suffers loss by the extinguishment or suspension of any private right or the imposition of a restrictive covenant under this Order is entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act. 6 Regardless of any other provision in this Order or anything shown on the land plans or contained in the book of reference— a this article does not apply in relation to any right or apparatus to which section 138 (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the 2008 Act or article 39 (statutory undertakers) applies; and b paragraph (1) of this article does not apply to any contractual rights, private rights and restrictive covenants owned or held by the undertaker, REPL, RRRL or WRWA unless otherwise agreed by those parties, such agreement not to be unreasonably withheld or delayed by those parties, acting in good faith and having regard to the ability of the undertaker to construct the authorised development in a timely and cost-effective manner. 7 Paragraphs (1) to (4) have effect subject to— a any notice given by the undertaker before— i the completion of the acquisition of the land or the acquisition or creation of rights over land or the imposition of restrictive covenants over or affecting the land; ii the undertaker’s appropriation of it; iii the undertaker’s entry onto it; or iv the undertaker’s taking temporary possession of it, that any or all of those paragraphs do not apply to any right specified in the notice; and b any agreement made at any time between the undertaker and the person in or to whom the right or restriction in question is vested or belongs. 8 If any such agreement as is referred to in paragraph (7)(b) — a is made with a person in or to whom the right is vested or belongs; and b is expressed to have effect also for the benefit of those deriving title from or under that person, it is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement. 9 References in this article to private rights over land include any right of way, trust, incident, easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support; and include restrictions as to the user of land arising by virtue of a contract, agreement or undertaking having that effect. Power to override easements and other rights 33 1 Any authorised activity which takes place on land within the Order limits (whether the activity is undertaken by the undertaker or by any person deriving title from the undertaker or by any contractors, servants or agents of the undertaker) is authorised by this Order if it is done in accordance with the terms of this Order, notwithstanding that it involves— a an interference with an interest or right to which this article applies; or b a breach of a restriction as to the user of land arising by virtue of a contract. 2 In this article “ authorised activity ” means— a the erection, construction or maintenance of any part of the authorised development; b the exercise of any power authorised by this Order; or c the use of any land (including the temporary use of land). 3 The interests and rights to which this article applies include any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support; and include restrictions as to the user of land arising by the virtue of a contract. 4 Where an interest, right or restriction is overridden by paragraph (1) , compensation— a is payable under section 7 (measure of compensation in case of severance) or section 10 (further provision as to compensation for injurious affection) of the 1965 Act; and b is to be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections where— i the compensation is to be estimated in connection with a purchase under that Act; or ii the injury arises from the execution of works on or use of land acquired under that Act. 5 Where a person deriving title under the undertaker by whom the land in question was acquired— a is liable to pay compensation by virtue of paragraph (4) ; and b fails to discharge that liability, the liability is enforceable against the undertaker. 6 Nothing in this article is to be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned in paragraph (1) of this article. Application of the 1981 Act 34 1 The 1981 Act applies as if this Order were a compulsory purchase order. 2 The 1981 Act, as applied by paragraph (1) , has effect with the following modifications. 3 In section 1 (application of Act) for subsection (2) substitute— 2 This section applies to any Minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order. 4 In section 5(2) (earliest date for execution of declaration), omit the words from “, and this subsection” to the end. 5 Omit section 5A (time limit for general vesting declaration). 6 In section 5B (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 5A” substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the 2008 Act, the seven year period mentioned in article 29 (time limit for exercise of authority to acquire land compulsorily) of the Cory Decarbonisation Project Order 2025” . 7 In section 6 (notices after execution of declaration), in subsection (1)(b) for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute “section 134 (notice of authorisation of compulsory acquisition) of the Planning Act 2008” . 8 In section 7 (constructive notice to treat), in subsection (1)(a), omit the words “(as modified by section 4 of the Acquisition of Land Act 1981)”. 9 In Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration), for paragraph 1(2) substitute— 2 But see article 31 (acquisition of subsoil or airspace only) of the Cory Decarbonisation Project Order 2025, which excludes the acquisition of subsoil or airspace only from this Schedule. . 10 References to the 1965 Act in the 1981 Act must be construed as references to that Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (as modified by article 35 (modification of Part 1 of the 1965 Act) to the compulsory acquisition of land under this Order. Modification of Part 1 of the 1965 Act 35 1 Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied to this Order by section 125 (application of compulsory acquisition provisions) of the 2008 Act, is modified as follows. 2 In section 4A(1) (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 4” substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008, the seven year period mentioned in article 29 (time limit for exercise of authority to acquire land compulsorily) of the Cory Decarbonisation Project Order 2025” . 3 In section 11A (powers of entry: further notices of entry)— a in subsection (1)(a) after “land” insert “under that provision” ; and b in subsection (2) after “land” insert “under that provision” . 4 In section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase), for “section 4 of this Act” substitute “article 29 (time limit for exercise of authority to acquire land compulsorily) of the Cory Decarbonisation Project Order 2025” . 5 In Schedule 2A (counter-notice requiring purchase of land not in notice to treat)— a for paragraphs 1(2) and 14(2) substitute— 2 But see article 31(3) (acquisition of subsoil or airspace only) of the Cory Decarbonisation Project Order 2025, which excludes the acquisition of subsoil or airspace only from this Schedule. ; and b after paragraph 29 insert— PART 4 INTERPRETATION 30 In this Schedule, references to entering on and taking possession of land do not include doing so under article 23 (protective works to buildings) or article 37 (temporary use of land for carrying out the authorised development) or article 38 (temporary use of land for maintaining the authorised development) of the Cory Decarbonisation Project Order 2025. Rights under or over streets 36 1 The undertaker may enter upon, appropriate and use so much of the subsoil of, or airspace over, any street within the Order limits as may be required for the purposes of the authorised development or for any other purpose ancillary to the authorised development. 2 Subject to paragraph (3) , the undertaker may exercise any power conferred by paragraph (1) in relation to a street without being required to acquire any part of the street or any easement or right in the street. 3 Paragraph (2) is not to apply in relation to— a any subway or underground building; or b any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street. 4 Subject to paragraph (5) , any person who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) is exercised without the undertaker acquiring any part of that person’s interest in the land, and who suffers loss as a result, is to be entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act. 5 Compensation is not payable under paragraph (4) to any person who is an undertaker to whom section 85 (sharing cost of necessary measures) of the 1991 Act applies in respect of measures of which the allowable costs are to be borne in accordance with that section. Temporary possession of land Temporary use of land for carrying out the authorised development 37 1 The undertaker may, in connection with the construction of the authorised development— a enter on and take temporary possession of— i so much of the land specified in columns (1) of the table in Schedule 10 (land of which temporary possession may be taken) for the purposes specified in relation to that land in column (2) of the table in that Schedule; ii any other Order land in respect of which no notice of entry has been served under section 11 (powers of entry) of the 1965 Act (other than in connection with the acquisition of rights only) and no declaration has been made under section 4 (execution of declaration) of the 1981 Act; b remove any buildings, fences, debris and vegetation from that land; c construct temporary works, including the provision of means of access, and buildings on that land; and d construct any works, including mitigation works, as are mentioned in Schedule 1 (authorised development). 2 Not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land. 3 The undertaker may not, without the agreement of the owners of the land, remain in possession of any land under this article— a in the case of land specified in paragraph (1)(a)(i) , after the end of the period of one year beginning with the date of final commissioning of the authorised development; or b in the case of land referred to in paragraph (1)(a)(ii) , after the end of the period of one year beginning with the date of final commissioning of the authorised development unless the undertaker has, before the end of that period, served notice of entry under section 11 (powers of entry) of the 1965 Act or made a declaration under section 4 (execution of declaration) of the 1981 Act or has otherwise acquired the land subject to temporary possession. 4 Unless the undertaker has served notice of entry under section 11 (powers of entry) of the 1965 Act or made a declaration under section 4 (execution of declaration) of the 1981 Act or has otherwise acquired the land subject to temporary possession, the undertaker must, before giving up possession of land of which temporary possession has been taken under this article, remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker is not required to— a replace a building or any debris removed under this article; b restore the land on which any permanent works have been constructed under paragraph (1)(d) ; c remove any ground strengthening works which have been placed on the land to facilitate the authorised development; or d remove any measures installed over or around statutory undertakers’ apparatus to protect that apparatus from the authorised development. 5 The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article. 6 Any dispute as to a person’s entitlement to compensation under paragraph (5) , or as to the amount of compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act. 7 Nothing in this article affects any liability to pay compensation under section 10(2) (further provisions as to compensation for injurious affection) of the 1965 Act or under any other enactment in respect of loss or damage arising from the carrying out of the authorised development, other than loss or damage for which compensation is payable under paragraph (5) . 8 The undertaker may not compulsorily acquire under this Order the land referred to in paragraph (1)(a)(i) . 9 Nothing in this article precludes the undertaker from— a creating and acquiring new rights over any part of the Order land identified in Schedule 8 (land in which only new rights etc. may be acquired) under article 30 (compulsory acquisition of rights); or b acquiring any right in the subsoil or the airspace of any part of the Order land under article 31 (acquisition of subsoil or airspace only) or the subsoil of any part of the Order limits under article 36 (rights under or over streets). 10 Where the undertaker takes possession of land under this article, the undertaker is not to be required to acquire the land or any interest in it. 11 Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act. 12 Nothing in this article prevents the taking of temporary possession more than once in relation to any land specified in Schedule 10 (land of which temporary possession may be taken). Temporary use of land for maintaining the authorised development 38 1 Subject to paragraph (2) , at any time during the maintenance period relating to any part of the authorised development, the undertaker may— a enter on and take temporary possession of any land within the Order limits if possession is reasonably required for the purpose of maintaining the authorised development; and b enter on any land within the Order limits for the purpose of gaining such access as is reasonably required for the purpose of maintaining the authorised development; and c construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose. 2 Paragraph (1) does not authorise the undertaker to take temporary possession of— a any house or garden belonging to a house; or b any building (other than a house) if it is for the time being occupied. 3 Not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land. 4 The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised development for which possession of the land was taken. 5 Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land. 6 The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article. 7 Any dispute as to a person’s entitlement to compensation under paragraph (6) , or as to the amount of the compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act. 8 Nothing in this article affects any liability to pay compensation under section 10(2) (further provisions as to compensation for injurious affection) of the 1965 Act or under any other enactment in respect of loss or damage arising from the maintenance of the authorised development, other than loss or damage for which compensation is payable under paragraph (6) . 9 Where the undertaker takes possession of land under this article, the undertaker is not to be required to acquire the land or any interest in it. 10 Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act. 11 In this article “ the maintenance period ” means the period of five years beginning with the date of final commissioning. Supplementary Statutory undertakers 39 Subject to the provisions of article 30(2) (compulsory acquisition of rights) and Schedule 12 (protective provisions), the undertaker may— a exercise the powers conferred by article 28 (compulsory acquisition of land) and article 31 (acquisition of subsoil or airspace only) in relation to so much of the Order land as belongs to statutory undertakers; b extinguish or suspend the rights of or restrictive covenants for the benefit of, and remove or reposition the apparatus belonging to, statutory undertakers on, under, over or within the Order land. Apparatus and rights of statutory undertakers in stopped up streets 40 Where a street is altered or diverted or its use is temporarily prohibited or restricted under article 13 (street works), article 14 (power to alter layout, etc., of streets), or article 16 (temporary prohibition or restriction of use of streets, private means of access and public rights of way and authorising vehicular use on public rights of way) any statutory undertaker whose apparatus is under, in, on, along or across the street has the same powers and rights in respect of that apparatus, subject to Schedule 12 (protective provisions), as if this Order had not been made. Recovery of costs of new connections 41 1 Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 39 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given. 2 Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 39 (statutory undertakers) any person who is— a the owner or occupier of premises the drains of which communicated with the sewer; or b the owner of a private sewer which communicated with that sewer, is to be entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant. 3 This article does not have effect in relation to apparatus to which article 40 (apparatus and rights of statutory undertakers in stopped up streets) or Part 3 (street works in England and Wales) of the 1991 Act applies. 4 In this article— “ public communications provider ” has the same meaning as in section 151(1) (interpretation of Chapter 1) of the Communications Act 2003 ; and “ public utility undertaker ” has the same meaning as in the 1980 Act. PART 4 MISCELLANEOUS AND GENERAL Deemed marine licence 42 1 The marine licence set out in Schedule 11 (deemed marine licence) is deemed to have been issued under Part 4 of the 2009 Act (marine licensing) for the licensed activities set out in Part 2, and subject to the condition set out in Part 3, of the licence. 2 Any decision made by the MMO under conditions 29(2)(b) and 26 29(2)(c) of Schedule 11 (deemed marine licence) is deemed to be a decision able to be appealed under the Marine Licensing (Licence Application Appeals) Regulations 2011 . Application of landlord and tenant law 43 1 This article applies to any agreement entered into by the undertaker under article 10 (consent to transfer benefit of the Order) so far as it relates to the terms on which any land is subject to a lease granted by or under that agreement. 2 No enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of any agreement to which this article applies. 3 No enactment or rule of law to which paragraph (2) applies is to apply in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to— a exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter; b confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or c restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease. Defence to proceedings in respect of statutory nuisance 44 1 Where proceedings are brought under section 82(1) (summary proceedings by persons aggrieved by statutory nuisances) of the Environmental Protection Act 1990 in relation to a nuisance falling within paragraphs (c), (d), (e), (fb), (g) or (h) of section 79(1) (statutory nuisances and inspections therefor) of that Act (statutory nuisances and inspections therefor) no order is to be made, and no fine may be imposed, under section 82(2) (summary proceedings by persons aggrieved by statutory nuisances) of that Act if— a the defendant shows that the nuisance— i relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the construction of the authorised development in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61 (prior consent for work on construction sites), of the Control of Pollution Act 1974 or a code of construction practice approved under requirement 7 (code of construction practice); or ii is a consequence of the construction or maintenance of the authorised development and that it cannot reasonably be avoided; or b the defendant shows that the nuisance is a consequence of the use of the authorised development and that it cannot reasonably be avoided. 2 Section 61(9) (prior consent for work on construction sites) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development. Protective provisions 45 Schedule 12 (protective provisions) has effect. Certification of plans etc. 46 1 The undertaker must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of all documents and plans referred to in Schedule 13 (documents and plans to be certified) to this Order for certification that they are true copies of those documents. 2 A plan or document so certified is to be admissible in any proceedings as evidence of the contents of the document of which it is a copy. Service of notices 47 1 A notice or other document required or authorised to be served for the purposes of this Order may be served— a by post; b by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or c with the consent of the recipient and subject to paragraphs (6) to (8) , by electronic transmission. 2 Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body. 3 For the purposes of section 7 (references to service by post) of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address and otherwise— a in the case of the secretary or clerk of a body corporate, the registered or principal office of that body, and, b in any other case, the last known address of that person at that time of service. 4 Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having an interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by— a addressing it to that person by the description of “owner”, or as the case may be “occupier” of the land (describing it); and b either leaving it in the hands of the person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land. 5 Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is to be taken to be fulfilled only where— a the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission; b the notice or document is capable of being accessed by the recipient; c the notice or document is legible in all material respects; and d in a form sufficiently permanent to be used for subsequent reference. 6 Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within seven days of receipt that the recipient requires a paper copy of all or any part of that notice or other document the sender must provide such a copy as soon as reasonably practicable. 7 Any consent to the use of an electronic transmission by a person may be revoked by that person in accordance with paragraph (8) . 8 Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order— a that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and b such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than seven days after the date on which the notice is given. 9 This article does not exclude the employment of any method of service not expressly provided for by it. Procedures in relation to certain approvals etc. 48 1 Subject to paragraph (2) , Schedule 14 (procedure in relation to certain approvals etc.) is to have effect in relation to all consents, agreements or approvals required or contemplated by any provisions of this Order, including— a consent, agreement or approval in respect of part of a requirement; b any consent, agreement or approval required by any of the documents listed in Schedule 13 (documents and plans to be certified); c documents approved pursuant to a requirement; or d consent sought under section 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974. 2 Schedule 14 (procedure in relation to certain approvals etc.) does not apply in respect of any consents, agreements or approvals contemplated by the provisions of Schedule 12 (protective provisions), any approvals required under the deemed marine licence contained in Schedule 11 (deemed marine licence) or any dispute under article 23(6) (protective works to buildings) or article 32(6)(b) (private rights). 3 Where paragraph (1) applies to any consent, agreement or approval, such consent, agreement or approval must not be unreasonably withheld or delayed. Arbitration 49 1 Any difference under any provision of this Order, unless otherwise provided for, is to be referred to and settled in arbitration in accordance with the rules set out in Schedule 15 (arbitration rules) of this Order, by a single arbitrator to be agreed upon by the parties, within 14 days of receipt of the notice of arbitration, or if the parties fail to agree within the time period stipulated, to be appointed on application of either party (after giving written notice to the other) by the Secretary of State. 2 Any matter for which the consent or approval of the Secretary of State or the MMO is required under any provision of this Order is not subject to arbitration. Crossness Local Nature Reserve 50 1 The undertaker must notify the relevant planning authority when it has completed the carrying out of Work No. 7 no later than 20 business days after that Work is completed. 2 From the date of the notice given under paragraph (1) — a all of the crossness local nature reserve as extended shall be a nature reserve for the purposes of section 21 (establishment of nature reserves by local authorities) of the National Parks and Access to the Countryside Act 1949 ; b any existing nature reserve designation and associated bylaws applying at that time to any of the crossness local nature reserve shall no longer apply; c clause 4 of the 1994 agreement shall no longer apply to land within the Order limits; and d clause 24 of the 2005 agreement shall be abrogated in its entirety. 3 The carrying out of the authorised development on the crossness local nature reserve as extended shall not constitute a breach of— a the 1994 agreement; b the 2005 agreement; or c planning permission numbers 91/1318U, 02/03373/OUTEA, 07/08166/FULM, 08/01834/FUL, 10/00063/OUTEA and 10/00063/OUTEA13 granted by the London Borough of Bexley. Planning permission, etc. 51 1 Development consent granted by this Order is to be deemed as specific planning permission for the purposes of section 264(3) (cases in which land is not to be treated as operational land for the purposes of that Act) of the 1990 Act. 2 Any works carried out under this Order are deemed to be immediately required for the purpose of carrying out development authorised by planning permission granted under the 1990 Act for the purposes of section 9 (requirement of licence for felling) of the Forestry Act 1967. 3 Any works carried out this Order are deemed to be work requiring development consent under section 31 of the 2008 Act for the purpose of paragraph 7(3) of Schedule 3 to the Flood and Water Management Act 2010 . No double recovery 52 Compensation is not payable in respect of the same matter both under this Order and under any enactment, any contract or any rule of law. Byelaws relating to the Crossness Nature Reserve 53 1 Following the discharge of requirement 12 (Landscape Biodiversity Access and Recreation Delivery Strategy) in Schedule 2 (requirements) and following consultation with the undertaker and TWUL, London Borough of Bexley may make byelaws regulating— a the maintenance of order in the Crossness Nature Reserve; and b the conduct of persons in the Crossness Nature Reserve. 2 Byelaws made under paragraph (1) must not prevent, prohibit or restrict the construction, maintenance, operation or decommissioning of the authorised development. 3 London Borough of Bexley may vary or revoke any byelaws made by the undertaker under paragraph (1) . 4 Subject to paragraph (5) , the provisions of subsection 236(3) to (8), and (11) (procedure, etc., for byelaws) of the Local Government Act 1972 apply in relation to byelaws made by London Borough of Bexley under paragraph (1) . 5 London Borough of Bexley may make byelaws under paragraph (1) in accordance with the procedure in the Byelaws (Alternative Procedure) (England) Regulations 2016 as if those regulations applied to the making and revoking of byelaws under this article. 6 Byelaws made under this article are enforceable by the London Borough of Bexley and any authorised person. 7 A person who breaches a byelaw made under this article commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale. Fixed penalty notices relating to byelaws 54 1 This article applies where it appears to an authorised person that a person has committed an offence under byelaws made under article 53 (byelaws relating to the Crossness Nature Reserve). 2 The authorised person may serve on that person a fixed penalty notice in respect of the offence. 3 Where a person is given a fixed penalty notice under this article in respect of an offence— a no proceedings may be instituted for that offence before the expiration of 14 days after the date of the notice; and b that person may not be convicted of the offence if the fixed penalty is paid before the expiration of 14 days after the date of the notice. 4 A fixed penalty notice must state— a the amount of the fixed penalty; b particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence; c the time by which and the manner (including the number to be used for payments by credit or debit card) in which the fixed penalty must be paid; and d that proceedings may be instituted if payment is not made within the time specified in the fixed penalty notice. 5 The amount of the fixed penalty is— a one fifth of the maximum amount of the fine to which the person to whom the fixed penalty notice is issued would be liable on summary conviction provided that person pays the fixed penalty in full within 7 days of issue of the fixed penalty notice; or b one half of the maximum amount of the fine to which the person to whom the fixed penalty notice is issued would be liable on summary conviction. 6 An authorised person may require a person to whom this article applies to pay a deposit of one tenth of the maximum amount of the fine to which a person may be liable under level 3 on the standard scale on accepting a fixed penalty notice if that person fails to provide, when requested, a residential address in the United Kingdom. 7 Payment of the deposit must be paid by such means as the undertaker may specify on its website as being acceptable. 8 London Borough of Bexley must apply the deposit towards payment of the fixed penalty. 9 In any proceedings a certificate which— a purports to be signed on behalf of an officer of the undertaker; and b states that payment of a fixed penalty was or was not received by a date specified in the certificate, is evidence of the facts stated. Signed by the authority of the Secretary of State for Energy Security and Net Zero Vicky Dawe Director, Energy Development Department for Energy Security and Net Zero 5th November 2025 SCHEDULES SCHEDULE 1 AUTHORISED DEVELOPMENT Article 4 In the London Borough of Bexley a project of national significance for which development consent is required by direction under sections 35(1) and 35ZA of the 2008 Act, and associated development under section 115(1)(b) of that Act, comprising— Work No. 1 – a carbon capture facility, including— a Work No. 1A – up to two carbon capture plants including— i up to two flue gas pre-treatment systems including direct contact coolers; ii up to two filtration and reclamation systems; iii up to two back pressure turbines and generators; iv up to two solvent regeneration systems; v up to two solvent heat exchanger systems; vi solvent storage; vii up to two continuous emissions monitoring systems; viii up to two regenerator columns; and ix retaining walls and sheet pile walls. b Work No. 1B – up to two combined absorber columns and stacks or a maximum of two absorber columns and two stacks, including— i up to two flue gas treatment plants; c Work No. 1C – up to two carbon dioxide processing plants, including— i up to two carbon dioxide compression units; ii up to two carbon dioxide dehydration units; iii up to two carbon dioxide liquefaction units and deoxidation; iv up to two carbon dioxide vents; and v chemical storage and distribution handling facilities. d Work No. 1D – liquid carbon dioxide (LCO₂) buffer storage area, including— i modular storage vessels; ii boil-off gas processing; and iii carbon dioxide vent(s). e Work No. 1E – supporting plant relating to the operation of the carbon capture facility, including— i heat transfer system; ii combined cooling system; iii flue gas supply ductwork; iv heat offtake infrastructure; v heat transfer station; vi heat pipework; vii process steam and condensate pipework; viii chemical storage and distribution handling facilities; ix water treatment plant with process water supply; x wastewater treatment plant; xi gatehouse, control room, welfare, stores and workshop; xii hardstanding for car parking; xiii stream extraction and stream processing; xiv electrical substations and transformers; xv water supply storage tank(s); xvi operational laydown area; xvii drainage infrastructure; and xviii retaining walls and sheet pile walls. Work No. 2 – modification to, and interconnection with, existing generation stations, including— a Work No. 2A – process steam and condensate connections, and heat offtake infrastructure, including— i heat recovery equipment; ii insulated heat pipework including connections; iii internal and external modification to existing plant, equipment and apparatus; and iv modification and diversion of watercourses. b Work No. 2B – flue gas supply ductwork, including— i flues for existing generation station via new ducting; ii dampers shut-off valve for flue gas manipulation; iii internal and external modification to existing plant, equipment and apparatus; and iv modification and diversion of watercourses. c Work No. 2C – electrical connections including— i internal and external modification to existing plant, equipment and apparatus; and ii modification and diversion of watercourses. Work No. 3 – utilities connections and site access works, including— a water supply pipework; b foul sewer pipework; c heat pipework; d condensate pipework; e access points from Norman Road to the authorised development; f electrical, data, optical fibre and telecommunications cables; and g modification and diversion of watercourses. Work No. 4 – maritime works, including— a Work No. 4A – modifications to or removal of the Belvedere Power Station jetty and improvements to the England Coast Path. b Work No. 4B – a new jetty, including— i loading platforms; ii piles and fenders; iii breasting dolphins; iv mooring dolphins; v access trestle; vi access catwalks; vii staircasing; viii power supply infrastructure; ix temporary moorings; x LCO₂ pipelines including pipelines and supporting infrastructure and equipment, pipe racks, pipe bridges and vapour return arm; xi topside infrastructure and equipment; and xii internal and external modifications to existing generating station. c Work No. 4C – related dredging works within the river Thames for Works No. 4A and 4B including a retaining sheet pile wall and the creation of slopes. Work No. 5 – above ground LCO₂ Pipelines to Work No. 4 , including— a pipelines and supporting infrastructure and equipment; b pipe racks and pipe bridges; and c vapour return arm. Work No. 6 – temporary construction compounds and laydown areas including contractor facilities, including— a Work No. 6A – core temporary construction compound including— i site offices and staff welfare facilities; ii warehouses; iii workshops; iv laydown areas for storage including materials and plant storage; v vehicle parking facilities; vi crane mats; vii fabrication facilities including site compound and working spaces; and viii electrical connections. b Work No. 6B – western temporary construction compound including— i site offices and staff welfare facilities; ii warehouses; iii workshops; iv laydown areas for storage including materials and plant storage; v vehicle parking facilities; vi crane mats; vii fabrication facilities including site compound and working spaces; viii facilities to cross watercourse; and ix electrical connections. c Work No. 6C – jetty temporary construction compound including— i site offices and staff welfare facilities; ii workshops; iii laydown areas for storage including materials and plant storage; iv vehicle parking facilities; v crane mats; vi fabrication facilities including site compound and working spaces; and vii electrical connections. Work No. 7 – mitigation and enhancement area and improvements to the existing crossness local nature reserve including— a raised walkways, footpaths and permissive paths; b landscape works; c habitat creation and enhancement; d planting; e fencing and gates; f attenuation ponds, ditches and sluice gates; g car park and associated pedestrian access; h creation of new watercourses and crossings; i improvement, diversion and crossings of existing watercourses; j signage; k amenity and education facilities; and l stable blocks. Work No. 8 – rerouting of Thames water access road including any associated apparatus or services. Work No. 9 – protective works to land if required as a result of the authorised development. Ancillary Works For the purposes of or in connection with the construction of any of the works and other development mentioned above, ancillary or related development which does not give rise to any materially new or materially different effects to those assessed in the environmental statement, consisting of— a surface water drainage systems, storm water attenuation systems including storage basins, oil water separators, including runoff outfalls, SuDs features, channelling, culverting and works to existing drainage systems; b electrical cables, earthing cables, optical fibre cables, data cables, telecommunications cables, flue gas pipework, condensate pipework, water supply pipework, foul water pipework, drains, sewers, heat pipes, LCO₂ pipework, and other apparatus and services, and associated works including bays, ducts, protection and safety measures and equipment, and other apparatus and structures; c street works, including breaking up or opening a street, or any sewer, drain or tunnel under it, and tunnelling or boring under a street; d relocation or provision of new road traffic signs, signals, street lighting, road restraints and carriageway lane markings; e works to install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain street furniture or apparatus (including statutory undertakers’ apparatus) and services in, under or above a street, including lights, fencing and other boundary treatments; f works to facilitate traffic management; g hardstanding and hard landscaping; h soft landscaping and habitat creation, including embankments and planting; i bunds, embankments, trenching and swales; j biodiversity mitigation, compensation and enhancement measures; k works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses; l fencing, gates, boundary treatment and other means of enclosure; m temporary footpath diversions; n external lighting, including lighting columns; o closed circuit television cameras and columns and other security measures; p site establishment and preparation works, including— i site clearance (including vegetation removal, demolition of existing buildings and structures); ii earthworks (including soil stripping and storage and site levelling) and excavations; iii remediation works; iv the creation of temporary construction access points; v the alteration of the position of services and utilities; and vi works for the protection of buildings and land; q temporary construction laydown areas and contractor facilities, including— i materials and plant storage and laydown areas; ii vehicle and cycle parking facilities; iii pedestrian and cycle routes and facilities; iv offices and staff welfare facilities; v security fencing and gates; vi external lighting; vii roadways and haul routes; viii wheel wash facilities; and ix signage; r vehicle parking and cycle storage facilities; s accesses, roads, ramps and pedestrian and cycle routes and associated signage and information boards; t ground investigation works and remedial work in respect of any contamination or other adverse ground conditions, including the installation and monitoring of associated apparatus; u works for the benefit or protection of the authorised development; v tunnelling, boring, piling and drilling works and management of arisings; and w works within the river Thames situated within the Order limits to— i alter, clean, modify, dismantle, refurbish, reconstruct, remove, relocate or replace any work or structure (including river walls); ii carry out excavations and clearance, deepening, scouring, cleansing, dumping and pumping operations; iii use, appropriate, sell, deposit or otherwise dispose of any materials (including liquids but excluding any wreck within the meaning of the Merchant Shipping Act 1995(a)) obtained in carrying out any such operations; iv remove and relocate any vessel or structure sunk, stranded, abandoned, moored or left (whether lawfully or not); v remove, alter, strengthen, interfere with, occupy and use the banks, bed, foreshore, waters and walls of the river; vi construct, place and maintain works and structures including piled fenders, protection piles and cofferdams; and vii provide lighting, signage and aids to navigation, and further ancillary or related development comprising such other works or operations as may be necessary or expedient for the purposes of or in connection with the construction, operation and maintenance of the authorised development but only within the Order limits and insofar as they are unlikely to give rise to any materially new or materially different environmental effects to those assessed in the environmental statement. SCHEDULE 2 REQUIREMENTS Article 4 Interpretation 1 In this Schedule— “ ground conditions investigations and assessments strategy ” means a strategy setting out the undertaker’s proposals for investigating, assessing, and where necessary, remediating ground conditions, contamination and ground stability matters as they pertain to the part of the authorised development to which the strategy relates, including in respect of— unexploded ordnance assessment; ground investigations; remediation strategies and verification reports; piling risk assessment; and earthworks and demolition specifications; “ jetty works environmental design scheme ” means a scheme setting out— the details of the undertaker’s proposals for the carrying out and maintenance of Work No. 4A, including whether the Belvedere Power Station jetty is to be removed or retained with modifications; the environmental design measures proposed for Work No. 4A and Work No. 4B, including details of— if the Belvedere Power Station jetty is to be retained, any proposals to make improvements to the Belvedere Power Station jetty to improve its use as an ornithological feature; if the Belvedere Power Station jetty is to be removed, any proposals for how the piles for the jetty will be cut to enable ecological outcomes; and in respect of Work No. 4B, the measures proposed at item 4.19 (k) of the mitigation schedule; and details of the undertaker’s proposals for environmental measures in the intertidal environment (which may include measures outside of the Order limits or the payment of credits (as appropriate)), and how they will, alongside the measures set out in landscape, biodiversity, access and recreation delivery strategy approved under requirement 12(2) (landscape, biodiversity, access and recreation delivery strategy), contribute to the achievement of a minimum of 10% biodiversity net gain in area habitat units for all of the authorised development; “ mitigation schedule ” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the mitigation schedule for the purposes of this Order; and “ National Highways ” means National Highways Limited (company number 09346363) whose registered office is Bridge House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ or any such successor or replacement body that may from time to time be primarily responsible for the functions, duties and responsibilities currently exercised by that statutory body. Time limit 2 The authorised development must not begin after the expiry of seven years from the date on which this Order comes into force. Approved details and amendments to them 3 1 Subject to sub-paragraph (2) , with respect to any plans, details or schemes which have been approved pursuant to any requirement and the percentage of any biodiversity net gain units referred to in requirement 12(3)(e) (together the “Approved Documents, Plans, Details or Schemes”), the undertaker may submit to the relevant approving body for approval in writing any amendments to any of the Approved Documents, Plans, Details or Schemes and, following approval by the relevant approving body, the relevant Approved Documents, Plans, Details or Schemes is to be taken to include the amendments as so approved pursuant to this paragraph. 2 Approval under sub-paragraph (1) for the amendments to any of the Approved Documents, Plans, Details or Schemes must not be given except where it has been demonstrated to the satisfaction of the relevant approving body that the subject matter of the approval sought is unlikely to give rise to any materially new or materially different environmental effects to those assessed in the environmental statement. 3 For the purposes of this paragraph “ the relevant approving body ” means— a for the purposes of all requirements except requirements 17-19, the relevant planning authority; b for the purposes of requirements 17 (river wall) and 18 (flood risk mitigation), the Environment Agency; and c for the purpose of requirement 19 (navigation risk assessment), the PLA. Detailed design 4 1 No part of Work No. 1, Work No. 2 (except for internal modifications to existing plant, equipment and apparatus under Work No. 2A(iii), 2B(iii) and 2C(i)) or Work No. 5 may commence until details of the layout, scale and external appearance for that part of those Work Nos. have been submitted to and approved by the relevant planning authority in writing and that part of the authorised development must be designed and constructed in accordance with the details approved under this sub-paragraph. 2 Subject to sub-paragraph (4) , the authorised development must be designed and constructed in accordance with the design parameters in Schedule 16 (design parameters) and item 1.12(a) of the mitigation schedule. 3 The authorised development must be designed and constructed in accordance with the design principles and design code and the details submitted under sub-paragraph (1) must include a statement to confirm both how the design principles and design code have been complied with, and how the advice and recommendations of the independent design review process have been taken into account, in the details that have been submitted. 4 Any part of the authorised development may be designed and constructed to deviate from the design parameters set out in Schedule 16 (design parameters) if the undertaker has first sought and obtained approval for such deviations from the relevant planning authority prior to the commencement of that part of the authorised development. 5 The relevant planning authority— a may only give approval under sub-paragraph (4) if the undertaker has demonstrated to the relevant planning authority’s satisfaction that that the proposed deviation from the design parameters set out in Schedule 16 (design parameters) will not lead to materially new or materially different effects to those identified in the environmental statement; b must, as part of its approval under sub-paragraph (4) , certify that it agrees with the undertaker that the proposed deviation from the design parameters set out in Schedule 16 (design parameters) will not lead to materially new or materially different effects to those identified in the environmental statement; and c must, in relation to any submission by the undertaker under sub-paragraph (4) which relates to works within the river Thames, consult with the PLA before giving any approval. 6 The detailed design of the authorised development must take into account the climate variables considered in the environmental statement. Permitted preliminary works 5 The permitted preliminary works must be carried out in accordance with the measures set out in appendix 2.1 of the environmental statement. Notice of date of final commissioning 6 Within seven days of the completion of the commissioning of Work No. 1, the undertaker must provide the relevant planning authority, the PLA and the Environment Agency with notice of the date of final commissioning. Code of construction practice 7 1 No part of the authorised development may commence until a code of construction practice for that part has been submitted to and approved by the relevant planning authority in writing, in consultation with the WRWA and, where the code of construction practice submitted relates to construction activities in the river Thames, emergency planning or opportunities to use the river Thames to transport equipment or materials during construction, the PLA. The code of construction practice submitted for approval must be substantially in accordance with the outline code of construction practice to the extent that it is applicable to that part and must be accompanied by, or include, the following— a construction lighting measures; b a community engagement plan; c a biosecurity management plan; d a community engagement plan; e a dust management plan; f a materials management plan; g a pollution prevention plan; h a site waste management plan (to be substantially in accordance with the outline site waste management plan); and i a surface water management plan. 2 The documents listed in sub-paragraph (1) must include the measures required to be contained within them set out in the outline code of construction practice. 3 The construction of each part of the authorised development must be undertaken in accordance with the approved code of construction practice for that part. Construction Hours 8 1 The construction of the authorised development must not take place on Sundays, bank holidays nor otherwise outside the hours of— a 0700 to 1900 hours on Monday to Friday; and b 0700 to 1300 hours on a Saturday. 2 The restrictions in sub-paragraph (1) do not apply to construction works for the authorised development where these— a are carried out within existing buildings or buildings constructed as part of the authorised development; b are carried out with the prior approval of the relevant planning authority; c are associated with an emergency; or d are associated with slip form working. 3 In this requirement “ emergency ” means a situation where, if the relevant action is not taken, there will be adverse health, safety, security or environmental consequences that in the reasonable opinion of the undertaker would outweigh the adverse effects to the public (whether individual classes or generally as the case may be) of taking that action. Construction traffic management plan 9 1 No part of the authorised development may commence until a construction traffic management plan (which must be substantially in accordance with the framework construction traffic management plan) for that part has been submitted to and approved by the relevant planning authority in writing, in consultation with the relevant highways authority, Dartford Borough Council, Kent County Council, National Highways and WRWA. 2 Any construction traffic management plan submitted under sub-paragraph (1) must include a construction worker travel plan (which must be substantially in accordance with the construction worker management measures included in the framework construction traffic management plan). 3 The construction of each part of the authorised development must be undertaken in accordance with the approved construction traffic management plan for that part. Emergency preparedness and response plan 10 1 Work Nos. 1 and 4 must not be fully commissioned until an emergency preparedness and response plan has been submitted to and approved by the relevant planning authority in writing, in consultation with the Environment Agency, lead local flood authority, the London Fire Brigade and, in respect of Work No. 4 only, the PLA. 2 For the purposes of sub-paragraph (1) , the undertaker may submit one emergency preparedness and response plan for both Work Nos. 1 and 4 or one for each of Work No. 1 and Work No. 4. 3 The emergency preparedness and response plan or plans submitted under sub-paragraphs (1) and (2) must be substantially in accordance with the outline emergency preparedness and response plan. 4 The emergency preparedness and response plan must be implemented as approved under sub-paragraph (1) and maintained throughout the operation of the relevant part of Work Nos. 1 or 4 to which the plan or plans relate. Lighting strategy 11 1 No part of the authorised development may commence until a lighting strategy for that part has been submitted to and approved by the relevant planning authority in writing, in consultation with the PLA. 2 The lighting strategy must be substantially in accordance with the outline lighting strategy. 3 Any lighting strategy approved under sub-paragraph (1) must be implemented and maintained throughout the operation of the relevant part of the authorised development to which the strategy relates. Landscape, biodiversity, access and recreation delivery strategy 12 1 No part of the authorised development may commence until a written landscape, biodiversity, access and recreation delivery strategy for that part has been submitted to and approved by the relevant planning authority in writing, in consultation with TWUL. 2 The landscape, biodiversity, access and recreation delivery strategy submitted for approval must be substantially in accordance with the outline landscape, biodiversity, access and recreation delivery strategy. 3 The landscape, biodiversity, access and recreation delivery strategy must include details of all proposed hard and soft landscaping works and ecological mitigation and enhancement measures (as applicable for the relevant numbered work) for that part and where applicable include for that part— a the location, number, species, size and planting density of any proposed planting including the proposed times of such planting; b cultivation, importing of materials and other operations to ensure plant establishment; c existing trees to be retained; d an implementation timetable; e how the plan proposals for that part will, with the exception of the intertidal environment, contribute to the achievement of a minimum of 10% biodiversity net gain in area habitat units, and a minimum of 10% biodiversity net gain in watercourse units for all of the authorised development for thirty years from the date of commissioning of the authorised development and the metric that has been used to calculate that those percentages will be reached; f how the landscaping and ecological measures proposed in the plan will be managed and maintained during the operational life of the authorised development to the date on which the decommissioning environmental management plan is implemented pursuant to requirement 23 (decommissioning environmental management plan); g the flora, fauna and habitat surveys required to be carried out prior to commencement of a numbered work, or following completion of a numbered work in order to monitor the effect of, or inform, the mitigation, management and monitoring measures to be taken forward following those initial surveys; h the proposals for the establishment of compensatory open mosaic habitat; i the final routing, specification and maintenance regime for permissive paths and the public rights of way referred to in article 15(1) and article 15(3) ; j provision for graziers, including details of accesses and access routes (including their surfacing); k the final routing, specification and maintenance regime for the diversion and improvement of existing watercourses and the creation of new watercourses; l a statement to confirm both how the design principles and design code have been complied with, and how the advice and recommendations of an independent design review process have been taken into account, in the details that have been submitted; and m the undertaker’s proposals for a management plan for the crossness local nature reserve as extended. 4 The landscape, biodiversity, access and recreation delivery strategy submitted for approval under sub-paragraph (1) is not required to set out proposals for the intertidal environment. 5 Any landscape, biodiversity, access and recreation delivery strategy submitted for approval under sub-paragraph (1) must be accompanied by— a a report setting out— i the engagement activities that the undertaker has undertaken to inform the development of the landscape, biodiversity, access and recreation delivery strategy which must be in accordance with the engagement commitments set out in the outline landscape, biodiversity, access and recreation delivery strategy unless otherwise agreed by the relevant planning authority; and ii how the undertaker has had regard to the feedback received during that engagement in the landscape, biodiversity, access and recreation delivery strategy that is submitted for approval; b copies of any legal agreements with any offsite provider which demonstrate that the delivery of the offsite works which form part of the landscape, biodiversity, access and recreation delivery strategy submitted for approval, and the maintenance of the offsite works for a period of thirty years from the date of the final commissioning of the authorised development, is secured; c relevant information setting out the steps (being reasonable steps) that the undertaker has undertaken to secure delivery of the BNG Opportunity Area as the preferred location for offsite works and either— i provide confirmation that the BNG Opportunity Area has been secured as the location for offsite works; or ii where the BNG Opportunity Area has not been able to be secured as the location for offsite works, provide full details of a proposed alternative location for offsite works; and d relevant information setting out the steps that the undertaker has taken (being reasonable steps) to secure delivery of land to be designated as a non-statutory site of importance for nature conservation as compensation for the area of such designated land lost as a result of the proposed development, and either— i provide confirmation that the BNG Opportunity Area has been secured as the location for this compensation; or ii where the BNG Opportunity Area has not been able to be secured as the location for this compensation, provide full details of any proposed alternative location for this compensation. 6 Any landscape, biodiversity, access and recreation delivery strategy submitted for approval under sub-paragraph (1) which includes activities to be carried out on land owned by Thames Water Utilities Limited must be accompanied by a planning obligation securing the delivery of the management and maintenance of ecological measures on that land from the date that decommissioning of Work No. 1 completes until 31 December 2093. 7 The landscape, biodiversity, access and recreation delivery strategy submitted for approval may include measures or mechanisms for the creation, improvement or management of habitats outside of the Order limits, or the payment of credits. 8 Any hedgerow, shrub or tree planted as part of the approved strategy that, within a period of five years after planting, is removed, dies or becomes, in the opinion of the relevant planning authority (as applicable), seriously damaged or diseased, must be replaced in the first available planting seasons with a specimen of the same species and size as that originally planted. 9 Any landscape, biodiversity, access and recreation delivery strategy approved under sub-paragraph (1) must be implemented as approved and maintained throughout the operation of the relevant part of the authorised development to which the strategy relates. 10 In this paragraph— a “ offsite works ” means any works that are required to deliver the outcomes set out in sub-paragraphs (3)(e) and 3(h) as part of the landscape, biodiversity, access and recreation delivery strategy submitted for approval under sub-paragraph (1) that are to take place outside of the Order limits; and b “ BNG Opportunity Area ” means the area labelled as such on figure 7-7 of the environmental statement. Surface and foul water drainage 13 1 No part of the authorised development may commence until written details of the surface and foul water drainage strategy for that part have been submitted to and approved by the relevant planning authority in writing, in consultation with the lead local flood authority. 2 The written details submitted for approval must be substantially in accordance with the outline drainage strategy and must be consistent with the proposals submitted for approval under requirement 12 (landscape, biodiversity, access and recreation delivery strategy). 3 Any surface and foul water drainage strategy approved under sub-paragraph (1) must be implemented and maintained throughout the operation of the relevant part of the authorised development to which the strategy relates. Operational environmental management plan 14 1 No part of Work No. 1 may be fully commissioned until a written operational environmental management plan for that part has been submitted to and approved by the relevant planning authority in writing. 2 The operational environmental management plan must include details of proposed operational maintenance procedures, security arrangements and the following items set out in the mitigation schedule— a paragraphs (c), (e) and the matters listed under additional mitigation of item 1.12; b items 3.17 (b) and (e); c item 4.19 (f); d the first paragraph of item 7.9; e item 12.3; and f item 14.8. 3 Any operational environmental management plan approved under sub-paragraph (1) must be implemented and maintained throughout the operation of the relevant part of Work No. 1 to which the plan relates. Skills and employment plan 15 1 No part of Work No. 1 may commence until a skills and employment plan has been submitted to and approved by the relevant planning authority in writing. 2 The skills and employment plan must be substantially in accordance with the outline skills and employment plan. 3 The skills and employment plan must be implemented as approved and maintained throughout the operation of the relevant part of the authorised development to which the plan relates. Jetty works environmental design scheme 16 1 Work No. 4 must not commence until a jetty works environmental design scheme has been to submitted to and approved by the relevant planning authority in writing, in consultation with the Environment Agency and the PLA. 2 The jetty works environmental design scheme to be submitted under sub-paragraph (1) shall include a statement to confirm how the advice and recommendations of an independent design review process has been taken into account in the details that have been submitted. 3 In approving a jetty works environmental design scheme submitted under sub-paragraph (1) — a if a submitted jetty works environmental design scheme proposes not to remove the Belvedere Power Station jetty, the relevant planning authority must not require the undertaker to remove it; or b if a submitted jetty works environmental design scheme proposes to remove the Belvedere Power Station jetty, the relevant planning authority must not require the undertaker to retain it. 4 The relevant planning authority must not refuse an application for approval of a jetty works environmental design because it disagrees with the undertaker’s choice as to whether or not to remove the Belvedere Power Station jetty. 5 The undertaker must carry out and maintain Work No. 4 in accordance with the approved jetty works environmental design scheme. River wall 17 1 Subject to sub-paragraph (4) , no part of Work No. 4 may commence until a river wall condition survey on those parts of the river wall within the order limits has been submitted to and approved by the Environment Agency in writing, in consultation with the relevant planning authority. 2 The river wall condition survey submitted pursuant to sub-paragraph (1) must, where appropriate, identify any remedial works required to bring the tidal flood defence up to a good standard considering a design life of 100 years. 3 The remedial works required to bring the defence up to a good standard identified pursuant to sub-paragraph (2) must be carried out within two years of the date that the condition survey is approved under sub-paragraph (1) , or such other time period as is agreed by the Environment Agency. 4 No river wall condition survey is required to be undertaken under sub-paragraph (1) to the extent that any parts of the river wall have already been assessed as part of any survey undertaken pursuant to requirement 20 (river wall) in Schedule 2 (requirements) to the REP Order. Flood risk mitigation 18 1 The authorised development must be carried out and operated in accordance with paragraphs 8.3.20 to 8.3.33 and 8.6.9 of the flood risk assessment. 2 No later than 45 years following the date of final commissioning, the undertaker must notify the relevant planning authority and the Environment Agency whether it anticipates that the operation of Work No. 1 will continue past the 50th anniversary of the date of final commissioning. 3 If a notification under sub-paragraph (2) indicates that the undertaker anticipates that the operation of Work No. 1 will continue past the 50th anniversary date of final commissioning, it must, unless otherwise agreed by the Environment Agency, submit for written approval to the Environment Agency— a an updated flood risk assessment of the flood risk arising from the continued operation of Work No. 1 past the 50th anniversary of the date of final commissioning; b the details of any mitigation or compensation measures that the flood risk assessment under sub-paragraph (a) suggests are necessary; c the implementation timetable (including identifying the need for (but not requiring a specific programme for the obtaining of) any consents) for any measures identified under sub-paragraph (b) ; and d retention proposals for any measures identified under sub-paragraph (b) . 4 The undertaker must share the details approved by the Environment Agency under sub-paragraph (3) with the relevant planning authority within 5 days of such approval being given. 5 The undertaker must implement the measures approved under sub-paragraph (3)(b) in accordance with the implementation timetable approved under sub-paragraph (3)(c) no later than the 50th anniversary of the date of final commissioning of Work No. 1 or such other time period as is agreed with the Environment Agency and must retain them for the lifetime of Work No. 1 in accordance with the retention proposals approved under sub-paragraph (3)(d) . 6 The undertaker must not continue operation of Work No. 1 beyond the 50th anniversary of the date of final commissioning unless the Environment Agency has given its approval under sub-paragraph (3) and the undertaker has complied with sub-paragraph (4) , unless otherwise agreed in writing by the Environment Agency. Navigation risk assessment 19 1 Prior to commencement of construction of Work No. 4, the undertaker must update the preliminary navigation risk assessment to take account of the detailed design and construction methodology of Work No. 4 and submit the updated navigation risk assessment to the PLA for its written approval, which must not be unreasonably withheld or delayed. 2 The construction and operation of the authorised development must be carried out in accordance with the updated navigation risk assessment approved under sub-paragraph (1) . Control of noise during operation 20 1 Prior to commissioning of any part of Work No. 1, a written noise mitigation plan must be submitted to and approved by the relevant planning authority in writing which demonstrates how the maximum permitted limit set out in columns (2) and (3) of the below table will be achieved at the locations set out in column (1) of the below table, during operation of Work No. 1. (1) Location (2) Day-time Operational Noise Limit LAr, Tr dB (3) Night-time Operational Noise Limit LAr, Tr dB Clydesdale Way 54 49 Travelodge London Belvedere Hotel 54 49 2 The undertaker must operate the authorised development in accordance with the approved noise mitigation plan, except— a in the case of an emergency (as defined in the noise mitigation plan); or b with the prior approval of the relevant planning authority. 3 Where the level of noise at a monitoring location exceeds the maximum permitted level specified for that location in sub-paragraph (1) because of an emergency— a the undertaker must, as soon as possible and in any event within two business days of the beginning of the emergency, submit to the relevant planning authority a statement detailing— i the nature of the emergency; ii why it is necessary for the level of noise to have exceeded the maximum permitted level; and b if the undertaker expects the emergency to last for more than 24 hours, it must inform local residents and businesses affected by the level of noise at that location of— i the reasons for the emergency; and ii how long it expects the emergency to last. Ground conditions investigations and assessments strategy 21 1 No part of the authorised development may commence until a ground conditions investigations and assessments strategy for that part has been submitted to and approved by the relevant planning authority in writing, in consultation with the Environment Agency, the WRWA, and where the ground conditions investigations and assessments strategy submitted covers investigations and assessments to be carried out in the river Thames, the PLA. Such a strategy shall include a specific remediation strategy, if necessary. 2 Each part of the authorised development must be carried out in accordance with the approved ground conditions investigations and assessments strategy for that part. 3 For the purposes of this paragraph, “ commence ” includes investigations for the purpose of assessing ground conditions (including the making of trial boreholes) and archaeological surveys and investigations. Archaeological mitigation strategy 22 1 No part of the authorised development may commence until an archaeological mitigation strategy, including any required written scheme of archaeological investigation (or multiple written schemes of archaeological investigation) for that part has been submitted to and approved by the relevant planning authority in writing, in consultation with the PLA and the MMO. 2 Any archaeological mitigation strategy submitted under sub-paragraph (1) , to the extent that it is applicable to that part of the authorised development, must include the following— a details of any proposed archaeological surveys of the river bed and foreshore, intertidal environment and marine environment; b details of any updated geoarchaeological deposit model; c should the authorised development include proposals to alter or demolish, in full or in part, the Belvedere Power Station jetty, details of the building recording of the belvedere power station jetty; and d proposals for how any further mitigation required as a result of the survey work undertaken will be taken forward in a written scheme of investigation or multiple written schemes of investigation. 3 No demolition or modification of the Belvedere Power Station jetty shall take place— a until a descriptive record specified and carried out to Level 2 as specified in Historic England guidance: Understanding Historic Buildings: A Guide to Good Recording Practice has been undertaken in accordance with that guidance and written confirmation provided to the relevant planning authority that is has been completed; and b unless within six months of the date of commencement of the demolition or alteration that completed record has been deposited with the Greater London Historic Environment Record and the Archaeology Data Service, and written confirmation of the deposit has been provided to the relevant planning authority. 4 For the purposes of this paragraph, “ commence ” includes archaeological surveys and investigations. Decommissioning environmental management plan 23 1 Within 12 months of the date that the undertaker decides to decommission any part of the authorised development, the undertaker must submit to the relevant planning authority for its written approval, after consultation with the Environment Agency and if the decommissioning environmental management plan to be submitted relates to decommissioning works within the river Thames, the PLA and the MMO, a decommissioning environmental management plan for that part. 2 Decommissioning works must not be carried out until the relevant planning authority has approved the plan submitted under sub-paragraph (1) in relation to such works. 3 The plan submitted and approved must— a include details of— i the buildings to be demolished; ii the means of removal of the materials resulting from the decommissioning works; iii the phasing of the demolition and removal works; iv any restoration works (including the proposed finished levels of the land following those works and any proposals for the restoration of habitats and watercourses lost as a result of the construction of the authorised development) to restore the land within the limits of deviation of Work No. 1 to a condition (including ecological outcomes which must include that the land could be designated as a non-statutory site of importance for nature conservation and local nature reserve, or equivalent designations as exists at the time of decommissioning) agreed with the relevant planning authority; v the phasing of any restoration works; and vi a timetable for the implementation of the plan; and b be accompanied by, or include, a site waste management plan which demonstrates how the waste hierarchy will be followed in respect of the decommissioning works. 4 The plan must be implemented as approved for the duration of the decommissioning of the authorised development. 5 The date that the undertaker decides to decommission any part of the authorised development must be notified to the relevant planning authority no later than one month following that decision being made. Decommissioning traffic management plan 24 1 Within 12 months of the date that the undertaker decides to decommission any part of the authorised development, the undertaker must submit to the relevant planning authority for its written approval, after consultation with the relevant highway authority and National Highways, a decommissioning traffic management plan for that part. 2 No decommissioning works must be carried out until the relevant planning authority has approved the plan submitted under sub-paragraph (1) in relation to such works. 3 The plan submitted and approved must include details of— a route diversions; and b routing of abnormal loads and HGVs. 4 The plan must be implemented as approved for the duration of the decommissioning of the authorised development. 5 The date that the undertaker decides to decommission any part of the authorised development must be notified to the relevant planning authority no later than one month following that decision being made. Heat Strategy 25 1 No part of the authorised development may be commenced until the undertaker has submitted a heat strategy to the relevant planning authority for its written approval. 2 The heat strategy submitted under sub-paragraph (1) must— a provide an explanation of how the heat to be produced as a result of the authorised development, Riverside 1 and Riverside 2 could be captured and exported off-site; b set out the appropriate infrastructure that could be brought forward within the Order limits to enable the capture and export of heat from the site; c identify potential connection points for export of heat produced as a result of the authorised development, Riverside 1 and Riverside 2; and d provide an update on discussions with potential heat network providers. 3 The heat strategy submitted, and the relevant planning authority approval under sub-paragraph (1) must not require the undertaker to repeat actions already undertaken pursuant to— a requirement 24 (combined heat and power) of the REP Order; b any document produced pursuant to requirement 24 of the REP Order; c condition 31 of planning permission 16/02167/FUL relating to Riverside 1 issued by the London Borough of Bexley; d condition 31 of the consent issued under section 36C of the Electricity Act 1989 in respect of Riverside 1 dated 17 December 2021; e any condition of planning permission 22/00728/FUL issued by the London Borough of Bexley; and f any document produced pursuant to the requirements and conditions referred to in sub-paragraphs (a) to (e) . 4 The heat strategy must be implemented as approved and such implementation does not constitute a breach of the documents, conditions and requirements referred to in sub-paragraphs (3)(a) to (3)(f) . SCHEDULE 3 LEGISLATION TO BE DISAPPLIED Article 7 1 The following provisions do not apply in so far as they relate to the construction of any numbered work or the carrying out of any operation required for the purpose of, or in connection with, the construction, operation, maintenance or decommissioning of the authorised development— a Dagenham (Thames) Dock Act 1855 ; b Dagenham (Thames) Dock Act 1866 ; c Metropolis Management (Thames River Prevention of Floods) Amendment Act 1879 ; d Thames Deep Water Dock Act 1881 ; e Thames Deep Water Dock Act 1891 ; f Thames Deep Water Dock Act 1901 ; g London County Council (General Powers) Act 1957 ; h London County Council (General Powers) Act 1961 ; i London County Council (General Powers) Act 1962 ; j General London Council (General Powers) Act 1970 ; k Thames Barrier and Flood Prevention Act 1972 ; l General London Council (General Powers) Act 1986 ; m Thames Water Authority Land Drainage Byelaws 1981; and n Section 6 of the London Local Authorities and Transport for London Act 2013 . SCHEDULE 4 STREETS SUBJECT TO STREET WORKS Article 13 Interpretation 1 In this Schedule— “ utility works ” means works to install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain underground electrical cables, earthing cable, optical fibre cable, data cable, telecommunications cable, flue gas pipework, condensate pipework, water supply pipework, foul water pipework, drains, sewers, heat pipes, LCO₂ pipework, and other apparatus and services, and associated works including bays, ducts, protection and safety measures and equipment, and other apparatus and structures. (1) Area (2) Streets subject to street works (3) Description of the street works London Borough of Bexley Norman Road Utility works beneath the width of the highway shown by a blue and black dashed line on the access and rights of way plan, from point E to point L. London Borough of Bexley Norman Road Utility works beneath the width of the highway shown by a blue and black dashed line on the access and rights of way plan, from point L to point O. London Borough of Bexley Norman Road Utility works beneath the width of the highway shown by a blue and black dashed line on the access and rights of way plan, from point L to point P. London Borough of Bexley A2016 Picardy Manorway Utility works beneath the width of the highway shown by a blue and black dashed line on the access and rights of way plan, from point O to point N. London Borough of Bexley A2016 Picardy Manorway Utility works beneath the width of the highway shown by a blue and black dashed line on the access and rights of way plan, from point P to point Q. SCHEDULE 5 STREETS SUBJECT TO PERMANENT OR TEMPORARY ALTERATION OF LAYOUT Articles 14 PART 1 PERMANENT OR TEMPORARY ALTERATION OF LAYOUT (1) Area (2) Street subject to alteration of layout (3) Description of alteration London Borough of Bexley Norman Road Works for the provision of one or multiple means of access to the authorised development at any location on the street between points E to K shown on the access and rights of way plan. PART 2 PERMANENT OR TEMPORARY ALTERATION OF LAYOUT (1) Area (2) Street subject to alteration of layout (3) Description of alteration London Borough of Bexley Norman Road Works for the provision of one or multiple means of access to the authorised development at any location on the street between points K to O shown on the access and rights of way plan. SCHEDULE 6 PERMANENT STOPPING UP OF STREET AND PRIVATE MEANS OF ACCESS AND PROVISION OF NEW STREET AND PRIVATE MEANS OF ACCESS Article 15 PART 1 STREET TO BE PERMANENTLY STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED (1) Area (2) Street to be stopped up (3) Extent of stopping up (4) New street to be substituted London Borough of Bexley Thames Water Access Road The street shown by a blue and black line on the access and rights of way plan, from point H to point I. To be substituted by a length of street to be provided to commence at point H and terminate at a junction with Norman Road at any location between points G and J on the access and rights of way plan. PART 2 PRIVATE MEANS OF ACCESS TO BE PERMANENTLY STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED (1) Area (2) Street to be stopped up (3) Extent of stopping up (4) New private means of access to be substituted London Borough of Bexley Thames Water Access Road The private means of access from Norman Road shown at point I on the access and rights of way plan. To be substituted by a new private means of access to be provided at a location on Norman Road between points G and J on the access and rights of way plan. SCHEDULE 7 TEMPORARY ALTERATION, PROHIBITION, DIVERSION OR RESTRICTION OF THE USE OF STREETS AND PUBLIC RIGHTS OF WAY AND AUTHORISING VEHICULAR USE ON PUBLIC RIGHTS OF WAY Article 16 PART 1 TEMPORARY ALTERATION, PROHIBITION, DIVERSION OR RESTRICTION OF THE USE OF STREETS AND PUBLIC RIGHTS OF WAY (1) Area (2) Street or public right of way subject to temporary prohibition or restriction of use (3) Extent of temporary alteration, prohibition, diversion or restriction of use of streets London Borough of Bexley Footpath 2 Public right of way to be temporarily altered, restricted, diverted or use prohibited between the points marked R and H and between the points H and L on the access and rights of way plan shown with a purple dashed line. London Borough of Bexley Footpath 3 Public right of way to be temporarily altered, restricted, diverted or use prohibited between the points marked A and T on the access and rights of way plan shown with an orange dashed line. London Borough of Bexley Footpath 4 Public right of way to be temporarily altered, restricted, diverted or use prohibited between the points marked C and F on the access and rights of way plan shown with a green dashed line. London Borough of Bexley Thames Water Access Road Street to be temporarily altered, restricted, diverted or use prohibited between the points marked H and I on the access and rights of way plan shown with a blue and black dashed line. PART 2 AUTHORISING TEMPORARY USE OF VEHICULAR USE ON PUBLIC RIGHTS OF WAY (1) Area (2) Public right of way (3) Measures London Borough of Bexley Footpath 1 Motor vehicles authorised by the undertaker may pass along, or cross, the length of the public right of way between the points marked M and S on the access and rights of way plan shown with a yellow dashed line London Borough of Bexley Footpath 2 Motor vehicles authorised by the undertaker may pass along, or cross, the length of the public right of way between the points marked R and H, between the points H and L and between the points marked R and S on the access and rights of way plan shown with a purple dashed line. London Borough of Bexley Footpath 3 Motor vehicles authorised by the undertaker may pass along, or cross, the length of the public right of way between the points marked A and T on the access and rights of way plan shown with an orange dashed line. London Borough of Bexley Footpath 4 Motor vehicles authorised by the undertaker may pass along, or cross, the length of the public right of way between the points marked C and F on the access and rights of way plan shown with a green dashed line. SCHEDULE 8 LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED Article 30 Interpretation 1 In this Schedule— “ access rights ” means, rights over land to, for the purposes of the authorised development, and in connection with the authorised development— alter, improve, form, maintain, retain, use (with or without vehicles, plant and machinery) and remove means of access to the authorised development including visibility splays and to remove and traverse impediments to such access; remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; and restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development. “ connection rights ” means, right over land to, for the purposes of the authorised development, and in connection with the authorised development— install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain electrical cables, earthing cable, optical fibre cable, data cable, telecommunications cable, flue gas pipework, condensate pipework, water supply pipework, foul water pipework, drains, sewers, heat pipes, LCO₂ pipework, and other apparatus and services, and associated works including bays, ducts, protection and safety measures and equipment, and other apparatus and structures; connect the services, apparatus, equipment, buildings and structures set out in sub-paragraph (a) to existing services, apparatus, equipment, buildings and structures; modify existing buildings structures; remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; and restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development; and “ LCO₂ pipework rights ” means, right over land to, for the purposes of the authorised development, and in connection with the authorised development— install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain LCO₂ pipework and associated works including supports, protection and safety measures and other apparatus and structures; remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; and restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development. “ maintenance access rights ” means, rights over land to, for the purposes of the authorised development, and in connection with the authorised development, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface) and restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights; “ maintenance rights ” means, rights over land to, for the purposes of the authorised development, and in connection with the authorised development, undertake construction, maintenance and decommissioning activities for Work No. 4, including laydown areas, compounds and welfare facilities and restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights; “ utilities rights ” means - rights over land to, for the purposes of the authorised development, and in connection with the authorised development— install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain underground electrical cables, earthing cable, optical fibre cable, data cable, telecommunications cable, flue gas pipework, condensate pipework, water supply pipework, foul water pipework, drains, sewers, heat pipes, LCO₂ pipework, and other apparatus and services, and associated works including bays, ducts, protection and safety measures and equipment, and other apparatus and structures; remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; and restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development. (1) Number of plot shown on the Land Plans (2) Purposes for which rights over land may be acquired and restrictive covenants imposed 1-002, 1-005, 1-007, 1-008, 1-023, 1-024, 1-030, 1-034, 1-040, 1-043, 1-048 Utilities rights and access rights 1-028 Maintenance access rights 1-028a Utilities rights and maintenance access rights 1-051, 1-052, 1-055, 1-056, 1-058, 1-062, 1-074, 1-086, 1-087 Connection rights and LCO₂ pipework rights 1-053 Maintenance access rights 1-054 Connection rights 1-054b Access rights 1-059,1-060, 01-061, 1-063, 1-064, 1-065, 1-066, 1-067, 1-068, 1-069, 1-070, 1-071, 1-073, 1-075, 1-076, 1-077, 1-078, 1-079, 1-080, 1-081, 1-082, 1-084, 1-085, 1-088, 1-091 Connection rights 1-083 Maintenance access rights and maintenance rights 1-089 LCO₂ pipework rights SCHEDULE 9 MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIVE COVENANTS Article 30 Compensation enactments 1 The enactments for the time being in force with respect to compensation for the compulsory purchase of land are to apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right as they apply as respects compensation on the compulsory purchase of land and interests in land. 2 1 Without limitation on the scope of paragraph 1, the Land Compensation Act 1973 has effect subject to the modifications set out in sub-paragraph (2) . 2 In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 5— a for “land is acquired or taken from” substitute “a right or restrictive covenant over land is purchased from or imposed on” ; and b for “acquired or taken from him” substitute “over which the right is exercisable or the restrictive covenant enforceable” . 3 1 Without limitation on the scope of paragraph 1, the Land Compensation Act 1961 has effect subject to the modification set out in paragraph 2(2). 2 For section 5A (relevant valuation date) of the 1961 Act, after “if” substitute— a the acquiring authority enters on land for the purpose of exercising a right in pursuance of a notice of entry under section 11(1) (powers of entry) of the 1965 Act (as modified by paragraph 5(5) of Schedule 9 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of new restrictive covenants) to the Cory Decarbonisation Project Order 2025); b the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A (counter–notice requiring purchase of land not in notice to treat) to the 1965 Act (as substituted by paragraph 5(8) of Schedule 9 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of new restrictive covenants) to the Cory Decarbonisation Project Order 2025) to acquire an interest in the land; and c the acquiring authority enters on and takes possession of that land, the authority is deemed for the purposes of subsection (3)(a) to have entered on that land where it entered on that land for the purpose of exercising that right . Application of Part 1 of the 1965 Act 4 Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and modified by article 35 (modification of Part 1 of the 1965 Act) to the acquisition of land under article 28 (compulsory acquisition of land), applies to the compulsory acquisition of a right by the creation of a new right under article 30 (compulsory acquisition of rights)— a with the modifications specified in paragraph 5; and b with such other modifications as may be necessary. 5 1 The modifications referred to in paragraph 4(a) are as follows. 2 References in the 1965 Act to land are, in the appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to— a the right acquired or to be acquired, or the restriction imposed or to be imposed; or b the land over which the right is or is to be exercisable, or the restriction is to be enforceable. 3 For section 7 (measure of compensation in case of severance) of the 1965 Act substitute— 7 In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act . 4 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), that is to say— a section 9(4) (failure by owners to convey); b paragraph 10(3) of Schedule 1 (owners under incapacity); c paragraph 2(3) of Schedule 2 (absent and untraced owners); and d paragraphs 2(3) and 7(2) of Schedule 4 (common land), are modified 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 compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority. 5 Section 11 (powers of entry) of the 1965 Act is modified to secure that, where the acquiring authority has served notice to treat in respect of any right or restriction, as well as the notice of entry required by subsection (1) of that section (as it applied to compulsory acquisition under article 28 (compulsory acquisition of land)), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant; and sections 11A (powers of entry: further notices of entry), 11B (counter-notice requiring possession to be taken on specified date), 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly. 6 Section 20 (tenants at will, etc) of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question. 7 Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 35(3) (modification of Part 1 of the 1965 Act) is also 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 acquired, or enforce the restriction imposed, subject to compliance with that section as respects compensation. 8 For Schedule 2A (counter–notice requiring purchase of land not in notice to treat) to the 1965 Act substitute— SCHEDULE 2A COUNTER-NOTICE REQUIRING PURCHASE OF LAND Introduction 1 1 This Schedule applies where an acquiring authority serves a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory and have not executed a general vesting declaration under section 4 (execution of declaration) of the 1981 Act as applied by article 34 (application of the 1981 Act) of the Cory Decarbonisation Project Order 2025 in respect of the land to which the notice to treat relates. 2 But see article 31 (acquisition of subsoil or airspace only) of the Cory Decarbonisation Project Order 2025 which excludes the acquisition of subsoil or airspace only from this Schedule. 2 In this Schedule, “ house ” includes any park or garden belonging to a house. Counter-notice requiring purchase of land 3 A 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. 4 A counter-notice under paragraph 3 must be served within the period of twenty-eight days beginning with the day on which the notice to treat was served. Response to counter-notice 5 On receiving a counter-notice, the acquiring authority must decide whether to— a withdraw the notice to treat, b accept the counter-notice, or c refer the counter-notice to the Upper Tribunal. 6 The authority must serve notice of their decision on the owner within the period of three months beginning with the day on which the counter-notice is served (“the decision period”). 7 If the authority decides to refer the counter-notice to the Upper Tribunal they must do so within the decision period. 8 If the authority does 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. 9 If the authority serves 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. Determination by Upper Tribunal 10 On a referral under paragraph 2, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would— a in the case of a house, building or factory, cause material detriment to the house, building or factory, or 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. 11 In making its determination, the Upper Tribunal must take into account— a the effect of the acquisition of the right or the imposition of the covenant, b the use to be made of the right or covenant proposed to be acquired or imposed, and c if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. 12 If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 5, it must determine how much of the house, building or factory the authority ought to be required to take. 13 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. 14 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 six weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. 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. 3 Any dispute as to the compensation is to be determined by the Upper Tribunal. . SCHEDULE 10 LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN Articles 37 (1) Plot reference number shown on the land plans (2) Purpose for which temporary possession may be taken 1-024a, 1-027, 1-072 Temporary use of land to undertake protective works if required as a result of the impacts of the authorised development 1-072a, 1-092, 1-094, 1-097, 1-098, 1-100b, 1-100c Temporary use of land to undertake Work No. 4 and Work No. 6C 1-095, 1-104, 01-117, 1-119, 1-120, 02-006 Temporary use of land to undertake Work No. 4 including temporary moorings. 1-102, 1-108, 1-109, 1-112, 1-114, 01-115, 1-117a, 2-001, 2-002 Temporary use of land to undertake Work No. 4A 1-116, 1-121, 2-003, 2-005 Temporary use of land to provide working space to undertake Work No. 4 SCHEDULE 11 DEEMED MARINE LICENCE Article 42 PART 1 GENERAL 1 In this licence— “ the 2008 Act ” means the Planning Act 2008; “ the 2009 Act ” means the Marine and Coastal Access Act 2009; “ the authorised development ” has the meaning given in paragraph 3(2); “ business day ” means a day other than a Saturday or Sunday, Good Friday, Christmas Day or a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act 1971 ; “ commence ” means beginning to carry out any part of a licensed activity and “commenced” and “commencement” are to be construed accordingly; “ construction licensed activity ” means any licensed activity which does not constitute maintenance activities or maintenance dredging; “ condition ” means a condition in Part 2 and Part 3 of this licence and references in this licence to numbered conditions are to the conditions with those numbers in Part 2; “ code of construction practice ” means the document of that description approved under requirement 7 (code of construction practice) of the Order; “ environmental statement ” means the document of that description in Schedule 13 (documents and plans to be certified) to the Order, certified by the Secretary of State as the environmental statement for the purposes of the Order; “ licensable area ” means the grid coordinates within the UK Marine Area within which the undertaker may carry out a licensed activity, as set out in paragraph 3(3) of Part 1 of this Schedule and as shown on the works plans; “ licensed activity ” means any of the activities specified in Part 1 of this licence; “ limits of deviation ” has the same meaning as in the Order; “ maintenance activities ” means activities carried out by the undertaker pursuant to article 5 (maintenance of authorised development) of the Order; “ maintenance dredging ” means dredging carried out by the undertaker after the final construction licensed activity; “ the MMO ” means the Marine Management Organisation; “ the Order ” means the Cory Decarbonisation Project Order 2025; “ percussive piling ” means piling by sinking or driving a pile by direct or indirect hammering or other percussive means, including piling by the use of a drop hammer, diesel hammer, double acting hammer, single acting hammer internal drop hammer, pneumatic hammer, steam hammer or other percussive device, other than a device that is portable and designed for operation while held by hand without any other form of support; “ the River ” means so much of the river Thames and the Thames estuary, as is within the UK marine area; “ seabed ” means the ground under the sea; “ the undertaker ” means Cory Environmental Holdings Limited (company number 05360864) and any transferee pursuant to article 10 (consent to transfer benefit of the Order) of the Order; “ vessel ” means every description of vessel, however propelled or moved, and includes a non-displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft of any other amphibious vehicle and any other thing constructed or adapted for movement through, in, or on or over water and which is at the time in, on or over water; and “ the works plans ” has the same meaning as in the Order. Contacts 2 1 Except where otherwise indicated, the main points of contact with the MMO and the addresses for email and postal returns and correspondence are as follows— a Marine Management Organisation, Marine Licensing Team, Lancaster House, Hampshire Court, Newcastle upon Tyne, NE4 7YH; Tel – 0300 123 1032; Fax – 0191 376 2681; Email – marine.consents@marinemanagement.org.uk ; and b Marine Management Organisation, Muriel Matters House, Breeds Place, Hastings, Kent TN34 2EZ; Tel – 0208 026 9180; Email – hastings@marinemanagement.org.uk . 2 The contact details for the MMO Marine Pollution Response Team are— Tel (during office hours) – 0300 200 2024; Tel (outside office hours) – 07770 977 825 or 0345 051 8486; Email – dispersants@marinemanagement.org.uk , or such replacement contact details notified to the undertaker in writing by the MMO. 3 Except where otherwise indicated or otherwise agreed in writing by the MMO, all applications or notifications required under this licence must be sent by the undertaker to the MMO using the MMO’s marine case management system. Details of such licensed marine activities 3 1 Subject to the licence conditions in Part 2, this licence authorises the undertaker (and any agent, contractor or subcontractor acting on their behalf) to carry out any licensable marine activities under section 66(1) (licensable marine activities) of the 2009 Act within the licensable area which— a form part of, or are related to, the authorised development, including works required pursuant to documents certified under Schedule 13 (documents and plans to be certified) or approved under Schedule 2; and b are not exempt from requiring a marine licence by virtue of any provision made under section 74 (exemptions specified by order) of the 2009 Act. 2 In this paragraph “ the authorised development ” means— a Work No. 4 of the Order; b works within the River to— i alter, clean, modify, dismantle, refurbish, reconstruct, remove, relocate or replace any work or structure (including river walls); ii carry out excavations and clearance, deepening, scouring, cleansing, dumping and pumping operations; iii use, appropriate, sell, deposit or otherwise dispose of any materials (including liquids but excluding any wreck within the meaning of the Merchant Shipping Act 1995(a)) obtained in carrying out any such operations; iv remove and relocate any vessel or structure sunk, stranded, abandoned, moored or left (whether lawfully or not); v remove, alter, strengthen, interfere with, occupy and use the banks, bed, foreshore, waters and walls of the river; vi construct, place and maintain works and structures including piled fenders, protection piles and cofferdams; and vii provide lighting, signage and aids to navigation; c maintenance activities within the River; d maintenance dredging within the River; and e any other element of the authorised development as defined by article 2 (interpretation) of the Order. 3 The coordinates for the licensable area for the purposes of this paragraph 3 are specified in the table below. ID number as shown on the works plans Northing Easting P1 180739 549856 P2 180754 549737 P3 180837 549835 P4 180985 549804 P5 181045 549833 P6 180974 550085 P7 180877 550350 P8 180775 550324 P9 180734 550243 P10 180720 550057 PART 2 CONDITIONS APPLYING TO LICENSABLE ACTIVITIES Notifications regarding licensed activities 4 1 The undertaker must inform the MMO in writing— a at least 5 business days prior to the commencement of the first construction licensed activity; b within 5 business days following the completion of the final construction licensed activity, of the completion; c at least 5 business days prior to the commencement of a maintenance activity or maintenance dredging; and d within 5 business days following the completion of the maintenance activity or maintenance dredging. 5 1 The undertaker must provide the following information to the MMO— a the name and function of any agent or contractor appointed to engage in any licensed activity within seven days of appointment; and b details of any vessel being used to carry on any licensed activity listed on behalf of the undertaker, together with details of the vessel owner or operating company not less than 24 hours before the commencement of the licensed activity in question. 2 Any changes to details supplied under sub-paragraph (1) must be notified to the MMO in writing prior to the agent, contractor or vessel engaging in the licensed activity in question. 3 Only those persons notified to the MMO in accordance with this condition are permitted to carry out a licensed activity. 6 The undertaker must ensure that a copy of this licence has been read and understood by any agents and contractors that will be carrying out any licensed activity on behalf of the undertaker, together with any masters or transport managers responsible for the vessels that will be carrying out any licensed activity on behalf of the undertaker. 7 Copies of this licence must be available for inspection at the following locations— a the undertaker’s registered office; and b during the construction of the authorised development only, at any site office which is adjacent to or near the River and which has been provided for the purposes of the construction of the authorised development. 8 The masters or transport managers responsible for the vessels that will be carrying out any licensed activity on behalf of the undertaker as notified to the MMO under condition 5 must make a copy of this licence available for inspection on board such vessels during the carrying out of any licensed activity. Code of construction practice 9 All construction licensed activities must be carried out in accordance with the code of construction practice approved under requirement 7 (code of construction practice) of Schedule 2 of the Order where applicable. Method statement 10 1 Following consultation with the Environment Agency, and in respect of maintenance dredging only, the Port London Authority, the undertaker must submit a method statement, together with a report on the consultation carried out, for approval by the MMO, at least 6 weeks prior to the commencement of any licensed activity. 2 The method statement must include the following details— a the detailed methodology to be employed by the undertaker in carrying out the licensed activity; b a programme of works including timings and durations, method of delivery of material to site and plant to be used during the works; and c for construction licensed activities only, if relevant, the results of further sediment sampling undertaken in accordance with a sampling plan approved under condition 11 . 3 The undertaker must not commence the licensed activity until the MMO has approved in writing the submitted method statement. 4 The licensed activity must be carried out in accordance with the approved method statement, unless otherwise agreed in writing by the MMO. Sediment sampling 11 1 If the undertaker considers that sediment sampling is required to demonstrate the appropriateness of a methodology to be included in a method statement relating to construction licensed activities or maintenance dredging submitted to the MMO for approval under condition 10 , prior to submitting that construction method statement to the MMO, the undertaker must submit a sediment sampling plan for approval by the MMO. 2 Any sediment sampling required under sub-paragraph (1) must be carried out in accordance with the approved sediment sampling plan, unless otherwise agreed in writing by the MMO. Marine Noise Registry 12 1 Only when impact driven or part-driven pile foundations or detonation of explosives are proposed to be used as part of the foundation installation, the undertaker must provide the following information to the Marine Noise Registry (MNR)— a prior to the commencement of the licensed activities, information on the expected location, start and end dates of impact pile driving/detonation of explosives to satisfy the Marine Noise Registry’s Forward Look requirements; and b within 12 weeks of completion of impact pile driving/detonation of explosives, information on the exact locations and specific dates of impact pile driving/detonation of explosives to satisfy the Marine Noise Registry’s Close Out requirements. 2 The undertaker must notify the MMO of the successful submission of Forward Look requirements. Piling 13 Where a licensed activity involves percussive piling the undertaker must commence piling activities using soft-start techniques for at least 20 minutes to ensure an incremental increase in pile power until full operational power is achieved. Should piling cease for at least 20 minutes the soft-start procedures must be repeated. Dredging 14 Water injection dredging which is a licensed activity must not be undertaken in the period 1st June to 30th August. Concrete and cement 15 1 The undertaker must not discharge waste concrete slurry or wash water from concrete, or cement into the River. 2 The undertaker must site concrete and cement mixing and washing areas at least 10 metres away from the River and any surface water drain to minimise the risk of run off entering the River. Coatings and treatments 16 The undertaker must ensure that any coatings and any treatments are suitable for use in the River and are used in accordance with either guidelines approved by the Health and Safety Executive or the Environment Agency. Pollution and spills 17 The undertaker must— a store, handle, transport and use fuels, lubricants, chemicals and other substances so as to prevent the release of fuel, oils and chemicals associated with plan, refuelling and construction equipment into the marine environment, including bunding with a capacity of no less than 110% of the total volume of all reservoirs’ and containers’ storage capacity; b report any spill of oil, fuel or chemicals into the marine environment to the MMO Marine Pollution Response Team pursuant to paragraph 2(2) of this licence, as soon as reasonably practicable, but in any event within 12 hours of the spill being identified; and c store all waste in designated areas that are isolated from surface water drains and open water and are bunded. Post activities 18 1 The undertaker must remove any temporary structures, waste and debris associated with the construction licensable activities or maintenance activities within six weeks following completion of the final construction licensable activity or maintenance activity as applicable. 2 Within five business days following the completion of the removal activities referred to in sub-paragraph (1) , the undertaker must notify the MMO in writing that such activities have been completed. Disposal 19 The undertaker must inform the MMO of the location and quantities of material disposed of each month under this licence. This information must be submitted to the MMO by 15th February each year for the months August to January inclusive, and by 15th August each year for the months February to July inclusive. 20 The undertaker shall ensure that only inert material of natural origin, produced during dredging shall be disposed of within the disposal site TH070 South Falls (or any other disposal site approved in writing by the MMO), and that any other materials are screened out before disposal at this site. 21 The material to be disposed of within the disposal site referred to in condition 20 (or any other disposal site approved in writing by the MMO) must be placed evenly within the boundaries of that site. Agents, contractors and subcontractors 22 1 The undertaker must notify the MMO in writing of any agents, contractors or subcontractors that will carry on any licensed activity under this licence on behalf of the undertaker. Such notification must be received by the MMO no less than 24 hours before the commencement of the licensed activity. 2 The undertaker must ensure that a copy of this licence and any subsequent revisions or amendments has been provided to, read and understood by any agents, contractors or subcontractors that will carry on any licensed activity. Dropped Objects 23 1 The undertaker must report all dropped objects to the MMO using the Dropped Object Procedure Form as soon as reasonably practicable and in any event within 24 hours of becoming aware of an incident. 2 On receipt of the Dropped Object Procedure Form, the MMO may require, acting reasonably, the undertaker to carry out relevant surveys. The undertaker must carry out surveys in accordance with the MMO’s reasonable requirements and must report the results of such surveys to the MMO. 3 On receipt of such survey results the MMO may, acting reasonably, require the undertaker to remove specific obstructions from the seabed. The undertaker must carry out removals of the specific obstructions from the seabed in accordance with the MMO’s reasonable requirements and its own expense. Time periods 24 This licence remains in force until Work No. 4B of this Order is decommissioned. Variations of approvals of Part 2 Conditions 25 1 With respect to any condition under Part 2 which requires a licensed activity to be carried out in accordance with any plans, protocols or statements approved under this licence, the approved details, plan or scheme are to be taken to include any amendments that may subsequently be approved in writing by the MMO. 2 Subsequent to the first approval of those plans, protocols or statements, any amendments will only be approved by the MMO if the undertaker has demonstrated to the reasonable satisfaction of the MMO that the subject matter of the relevant amendments do not give rise to any materially new or materially different environmental effects that are worse than those identified in the environmental statement. Marine written scheme of archaeological investigation 26 All licensed activities must be carried out in accordance with the archaeological mitigation strategy approved under requirement 22 (archaeological mitigation strategy) of Schedule 2 of the Order where applicable. PART 3 PROCEDURE FOR THE DISCHARGE OF CONDITIONS Meaning of “application” 27 In this Part, “ application ” means a submission by the undertaker for approval by the MMO of any method statement or plan under conditions 10 and 11 . Further information regarding application 28 The MMO may request in writing such further information from the undertaker as is necessary to enable the MMO to consider the application. Determination of application 29 1 In determining the application the MMO may have regard to— a the application and any supporting information or documentation; b any further information provided by the undertaker in accordance with condition 28 ; and c such other matters as the MMO thinks relevant. 2 Having considered the application the MMO must— a grant the application unconditionally; b grant the application subject to the conditions as the MMO thinks fit; or c refuse the application. 3 If the MMO is unable to determine the application in accordance with sub-paragraph (2) , this shall not constitute a breach of this condition nor be an offence under the Marine and Coastal Access Act 2009. Notice of determination 30 1 Subject to sub-paragraph (2) or (3) , the MMO must give notice to the undertaker of the determination of the application as soon as reasonably practicable after the application is received by the MMO. 2 Where the MMO has made a request under condition 28 , the MMO must give notice to the undertaker of the determination of the application as soon as reasonably practicable once the further information is received. 3 Where the MMO refuses the application the refusal notice must state the reasons for the refusal. SCHEDULE 12 PROTECTIVE PROVISIONS Article 45 PART 1 FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS 1 For the protection of the utility undertakers referred to in this Part of this Schedule (save for any utility undertakers which are specifically protected by any other Part of this Schedule, which will take precedence), the following provisions have effect, unless otherwise agreed in writing between the undertaker and the utility undertakers concerned. 2 In this Part of this Schedule— “ alternative apparatus ” means alternative apparatus adequate to enable the utility undertaker in question to fulfil its statutory functions in a manner not less efficient than previously; “ apparatus ” means— in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989 , belonging to or maintained by that utility undertaker; in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply; in the case of a water undertaker— mains, pipes or other apparatus belonging to or maintained by that utility undertaker for the purposes of water supply; and any water mains or service pipes (or part of a water main or service pipe) that is the subject of an agreement to adopt made under section 51A (agreements to adopt water main or service pipe at future date) of the Water Industry Act 1991; in the case of a sewerage undertaker— any drain or works vested in the utility undertaker under the Water Industry Act 1991 ; and any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) (adoption of sewers and disposal works) of that Act or an agreement to adopt made under section 104 (agreements to adopt sewer, drain or sewage disposal works, at future date) of that Act, and includes a sludge main, disposal main (within the meaning of section 219 (general interpretation) of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus; and any other mains, pipelines or cables that are not the subject of the protective provisions in Parts 2 to 16 of this Schedule; “ functions ” includes powers and duties; “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; and “ utility undertaker ” means— any licence holder within the meaning of Part 1 (electricity supply) of the Electricity Act 1989; a gas transporter within the meaning of Part 1 (gas supply) of the Gas Act 1986 ; water undertaker within the meaning of the Water Industry Act 1991; a sewerage undertaker within the meaning of Part 1 (preliminary) of the Water Industry Act 1991; and an owner or operator of apparatus within sub-paragraph (e) of the definition of that term, for the area of the authorised development, and in relation to any apparatus, means the utility undertaker to whom it belongs or by whom it is maintained. 3 This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and the utility undertaker are regulated by the provisions of Part 3 of the 1991 Act. 4 Regardless of the temporary prohibition or restriction of use of streets under the powers conferred by article 16 (temporary prohibition or restriction of use of streets, private means of access and public rights of way and authorising vehicular use on public rights of way), a utility undertaker is at liberty at all times to take all necessary access across any such street and to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the prohibition or restriction was in that street. 5 Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus otherwise than by agreement. 6 1 If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or over which access to any apparatus is enjoyed or requires that the utility undertaker’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of a utility undertaker to maintain that apparatus in that land and to gain access to it must not be extinguished, until alternative apparatus has been constructed and is in operation, and access to it has been provided, to the reasonable satisfaction of the utility undertaker in question in accordance with sub-paragraphs (2) to (7) . 2 If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to the utility undertaker in question written notice of that 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 and in that case (or if in consequence of the exercise of any of the powers conferred by this Order a utility undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3) , afford to the utility undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus. 3 If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) , in the land in which the alternative apparatus or part of such apparatus is to be constructed, the utility undertaker in question must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use reasonable endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed. 4 Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the utility undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 49 (arbitration). 5 The utility undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 49 (arbitration), and after the grant to the utility undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3) , proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule. 6 Regardless of anything in sub-paragraph (5) , if the undertaker gives notice in writing to the utility undertaker in question that it desires itself to execute any work, or part of any work, in connection with the construction or removal of apparatus in any land controlled by the undertaker, that work, instead of being executed by the utility undertaker, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the utility undertaker. 7 Nothing in sub-paragraph (6) authorises the undertaker to execute the 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. 7 1 Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to a utility undertaker facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and the utility undertaker in question or in default of agreement settled by arbitration in accordance with article 49 (arbitration). 2 If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the utility undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to that utility undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case. 8 1 Not less than 28 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 6(2), the undertaker must submit to the utility undertaker in question a plan, section and description of the works to be executed. 2 Those works must be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the utility undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the utility undertaker is entitled to watch and inspect the execution of those works. 3 Any requirements made by a utility undertaker under sub-paragraph (2) must be made within a period of 21 days beginning with the date on which a plan, section and description under sub-paragraph (1) are submitted to it. 4 If a utility undertaker in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 1 to 7 apply as if the removal of the apparatus had been required by the undertaker under paragraph 6(2). 5 Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan, section and description. 6 The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to the utility undertaker in question notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances. 9 1 Subject to the following provisions of this paragraph, the undertaker must repay to a utility undertaker the reasonable expenses incurred by that utility undertaker 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 6(2). 2 There is to be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule, that value being calculated after removal. 3 If in accordance with the provisions of this Part of this Schedule— a apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or b apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was, and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 49 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the utility undertaker in question by virtue of sub-paragraph (1) is to be reduced by the amount of that excess. 4 For the purposes of sub-paragraph (3) — a an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus where such extension is required in consequence of the execution of any such works as are referred to in paragraph 6(2); and b where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined. 5 An amount which apart from this sub-paragraph would be payable to a utility undertaker in respect of works by virtue of sub-paragraph (1) , if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the utility undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit. 10 1 Subject to sub-paragraphs (2) and (3) , if by reason or in consequence of the construction of any of the works referred to in paragraph 6(2), any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of a utility undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any utility undertaker, the undertaker must— a bear and pay the cost reasonably incurred by that utility undertaker in making good such damage or restoring the supply; and b make reasonable compensation to that utility undertaker for any other expenses, loss, damages, penalty or costs incurred by the utility undertaker, by reason or in consequence of any such damage or interruption. 2 Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of a utility undertaker, its officers, servants, contractors or agents. 3 A utility undertaker must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand. 11 Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and a utility undertaking in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made. PART 2 FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS 12 For the protection of any operator, the following provisions have effect, unless otherwise agreed in writing between the undertaker and the operator. 13 In this Part of this Schedule— “ the 2003 Act ” means the Communications Act 2003 ; “ electronic communications apparatus ” has the same meaning as in the electronic communications code; “ electronic communications code ” has the same meaning as in section 106 (application of the electronic communications code) of the 2003 Act; “ electronic communications code network ” means— so much of an electronic communications network or conduit system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the 2003 Act; and an electronic communications network which the Secretary of State is providing or proposing to provide; “ electronic communications code operator ” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act; and “ operator ” means the operator of an electronic communications code network. 14 The exercise of the powers of article 39 (statutory undertakers) is subject to Part 10 (undertakers’ works affecting electronic communications apparatus) of the electronic communications code. 15 1 Subject to sub-paragraphs (2) to (4) , if as the result of the authorised development or its construction, or of any subsidence resulting from any of those works— a any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works), or other property of an operator; or b there is any interruption in the supply of the service provided by an operator, the undertaker must bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and make reasonable compensation to that operator for any other expenses, loss, damages, penalty or costs incurred by it, by reason, or in consequence of, any such damage or interruption. 2 Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an operator, its officers, servants, contractors or agents. 3 The operator must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand is to be made without the consent of the undertaker which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand. 4 Any difference arising between the undertaker and the operator under this Part of this Schedule must be referred to and settled by arbitration under article 49 (arbitration). 16 This Part of this Schedule does not apply to— a any apparatus in respect of which the relations between the undertaker and an operator are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act; or b any damage, or any interruption, caused by electro-magnetic interference arising from the construction or use of the authorised development. 17 Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and an operator in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made. PART 3 FOR THE PROTECTION OF THE ENVIRONMENT AGENCY Application 18 The following provisions apply for the protection of the Agency unless otherwise agreed in writing between the undertaker and the Agency. Interpretation 19 In this Part of this Schedule— “ Agency ” means the Environment Agency; “ construction ” includes execution, placing, altering, replacing, relaying and removal and excavation and “construct” and “constructed” is construed accordingly; “ drainage work ” means any main river and includes any land which provides flood storage capacity; or any other land which is expected to provide flood storage capacity as a result of the authorised development pursuant to the details approved in compliance with requirement 18(1); or any land which provides flood storage for any main river and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring; “ emergency ” means an occurrence which presents a risk of— serious flooding; serious detrimental impact on drainage; serious harm to the environment; “ fishery ” means any waters containing fish and fish in, or migrating to or from, such waters and the spawn, spawning ground, habitat or food of such fish; “main river” has the same meaning given in section 113 of the Water Resources Act 1991; “ non-tidal main river ” has the meaning given in paragraph 2(1) of Part 1 of Schedule 25 to the Environmental Permitting (England and Wales) Regulations 2016; “ plans ” includes plans, sections, elevations, drawings, specifications, programmes, proposals, calculations, method statements, protocols for emergency access and descriptions; “ remote defence ” means any berm, wall or embankment that is constructed for the purposes of preventing or alleviating flooding from, or in connection with, any main river; “ sea defence ” means any bank, wall, embankment (any berm, counterwall or cross-wall connected to any such bank, wall or embankment), barrier, tidal sluice and other defence, whether natural or artificial, against the inundation of land by sea water or tidal water, including natural or artificial high ground which forms part of or makes a contribution to the efficiency of the defences against flooding, but excludes any sea defence works which are for the time being maintained by a coast protection authority under the provisions of the Coast Protection Act 1949 or by any local authority or any navigation, harbour or conservancy authority; “ specified work ” means so much of any work or operation authorised by this Order, including works required pursuant to documents certified under Schedule 13 or approved under Schedule 2, as is in, on, under, over or within— 16 metres of the base of a sea defence which is likely to— endanger the stability of, cause damage or reduce the effectiveness of that sea defence, or interfere with the Agency’s access to or along that sea defence or the Agency’s ability to undertake works to ensure the efficacy of that sea defence; 8 metres of the base of a remote defence which is likely to— endanger the stability of, cause damage or reduce the effectiveness of that remote defence, or interfere with the Agency’s access to or along that remote defence; 16 metres of a drainage work involving a tidal main river, 8 metres of a drainage work involving a non–tidal main river; any distance of a drainage work and is otherwise likely to— affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work; affect the flow, purity or quality of water in any main river or other surface waters; cause obstruction to the free passage of fish or damage to any fishery; affect the conservation, distribution or use of water resources; or affect the conservation value of the main river and habitats in its immediate vicinity; or which involves an activity to which paragraph 22(3) of this Part of this Schedule applies; and any quarrying or excavation within 16 metres of a drainage work which is likely to cause damage to or endanger the stability of the banks or structure of that drainage work; and “ Thames Flood Acts ” means the Metropolis Management (Thames River Prevention of Floods) Amendment Act 1879 and Thames Barrier and Flood Prevention Act 1972 and amending legislation; “ tidal main river ” has the meaning given in paragraph 2(1) of Part 1 of Schedule 25 to the Environmental Permitting (England and Wales) Regulations 2016. Submission and approval of plans 20 1 Before the beginning to construct any specified work, the undertaker must submit to the Agency for approval plans of the specified work and such further particulars available to it as the Agency may within 28 days of the receipt of the plans reasonably request. 2 Any such specified work must not be constructed except in accordance with such plans as may be approved in writing by the Agency, or determined under paragraph 32. 3 Any approval of the Agency required under this paragraph— a must not be unreasonably withheld or delayed; b is deemed to have been refused if it is neither given nor refused within two months of the submission of the plans or such later date as is agreed between the Agency and the undertaker and if further particulars have been requested pursuant to sub-paragraph (1) the period between the making of this request and the provision of further particulars in response to it will not be taken into account in the calculation of the two months for the purposes of this sub-paragraph (b) ; c may be given subject to such reasonable requirements as the Agency may have for the protection of any drainage work or the fishery or for the protection of water resources, or for the prevention of flooding or pollution or for nature conservation or the prevention of environmental harm in the discharge of its environmental duties. 4 The Agency must use its reasonable endeavours to respond to the submission of any plans before the expiration of the period mentioned in sub-paragraph (3)(b) . 5 In the case of a refusal, the Agency must provide reasons for the grounds of that refusal. Dredging 21 1 Before carrying out an activity that includes dredging, raising or taking of any sand, silt, ballast, clay, gravel or other materials from or off the bed or banks of a drainage work (or causing such materials to be dredged, raised or taken), including hydrodynamic, dredging or desilting, the undertaker must submit details of the activity to the Agency. 2 Within 14 days of receipt of the details submitted by the undertaker under sub-paragraph (1), the Agency must confirm whether the activity requires consent under paragraph 20. 3 This sub-paragraph applies in the event that, pursuant to sub-paragraph (2), the Agency confirms that the proposed activity requires consent under paragraph 20. Construction of protective works 22 Without limiting paragraph 20, the requirements which the Agency may have under that paragraph include conditions requiring the undertaker, at its own expense, to construct such protective works, whether temporary or permanent, before or during the construction of the specified works (including the provision of flood banks, walls or embankments or other new works and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary— a to safeguard any drainage work against damage; or b to secure that its efficiency for flood defence purposes is not impaired and that the risk of flooding is not otherwise increased, by reason of any specified work. Timing of works and service of notices 23 1 Subject to sub-paragraph (2) , any specified work, and all protective works required by the Agency under paragraph 22, must be constructed— a without unreasonable delay in accordance with the plans approved under this Part of this Schedule; and b to the reasonable satisfaction of the Agency, and the Agency is entitled by its officer to watch and inspect the construction of such works. 2 The undertaker must give to the Agency not less than fourteen days’ notice in writing of its intention to begin construction of any specified work and notice in writing of its completion not later than seven days after the date on which it is completed. 3 If the Agency reasonably requires, the undertaker must construct all or part of the protective works so that they are in place prior to the construction of any specified work to which the protective works relate. Works not in accordance with this Part of this Schedule 24 1 Where the undertaker fails to obtain consent or comply with conditions imposed by the Agency in accordance with this Part of this Schedule and the Agency, acting reasonably, considers it necessary to avoid any of the risks specified in sub-paragraph (2) , the Agency may serve written notice requiring the undertaker to cease all or part of the specified works as may be specified within the notice within the period specified in the notice, and the undertaker must cease constructing the specified works or part thereof until such time as it has obtained the consent or complied with the condition specified within the notice served. 2 The risks specified in sub-paragraph (1) are— a risk of flooding; b risk of harm to the environment; c risk of detrimental impact on drainage; d damage to the fishery; e risk to the integrity or condition of any drainage work. 3 If any part of a specified work or any protective work required by the Agency is constructed otherwise than in accordance with the requirements of this Part of this Schedule, the Agency may by notice in writing require the undertaker at the undertaker’s own expense to comply with the requirements of this Part of this Schedule or (if the undertaker so elects and the Agency in writing consents, such consent not to be unreasonably withheld or delayed) to remove, alter or pull down the work and, where removal is required, to restore the site to its former condition to such extent and within such limits as the Agency reasonably requires. 4 Subject to sub-paragraph (5) , if, within a reasonable period, being not less than 28 days beginning with the date when a notice under sub-paragraph 24(3) is served upon the undertaker except in an emergency when a shorter period can be given, the undertaker has failed to begin taking steps to comply with the requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, the Agency may execute the works specified in the notice and any reasonable expenditure incurred by the Agency in so doing is recoverable from the undertaker. 5 In the event of any dispute as to whether sub-paragraph 24(3) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the Agency must not, except in the case of an emergency, exercise the powers conferred by sub-paragraph (4) until the dispute has been finally determined in accordance with sub-paragraph 24(3). Maintenance of works 25 1 Subject to sub-paragraph (5) the undertaker must from the commencement of the construction of the specified works maintain in good repair and condition and free from obstruction any drainage work which is situated within the limits of deviation and on land held by the undertaker for the purposes of or in connection with the specified works, whether or not the drainage work is constructed under the powers conferred by this Order or is already in existence. 2 If any such drainage work which the undertaker is liable to maintain is not maintained to the reasonable satisfaction of the Agency, the Agency may by notice in writing require the undertaker to repair and restore the work, or any part of such work, or (if the undertaker so elects and the Agency in writing consents, such consent not to be unreasonably withheld or delayed), to remove the work and restore the site to its former condition, to such extent and within such limits as the Agency reasonably requires. 3 Subject to sub-paragraph (4) , if, within a reasonable period, being not less than 28 days beginning with the date on which a notice in respect of any drainage work is served under sub-paragraph (2) on the undertaker, the undertaker has failed to begin taking steps to comply with the requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, the Agency may do what is necessary for such compliance and any reasonable expenditure incurred by the Agency in so doing is recoverable from the undertaker. 4 In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (2) , the Agency must not, except in the case of an emergency, exercise the powers conferred by sub-paragraph (3) until the dispute has been finally determined in accordance with paragraph 32. 5 This paragraph does not apply to— a drainage works which the Agency or another person is liable to maintain and is not proscribed by the powers of the Order from doing so; and b any obstruction of a drainage work expressly authorised in the approval of specified works plans and carried out in accordance with the provisions of this Part of this Schedule provided that any obstruction is removed as soon as reasonably practicable if removal is required. Remediating impaired drainage work 26 If by reason of the construction of any specified work or of the failure of any such work, the efficiency of any drainage work for flood defence purposes is impaired, or that drainage work is otherwise damaged, such impairment or damage must be made good by the undertaker to the reasonable satisfaction of the Agency and if the undertaker fails to do so, the Agency may make good the impairment or damage and recover any expenditure incurred by the Agency in so doing from the undertaker. Agency access 27 1 If by reason of the construction of any specified work or the failure of any such work, the Agency’s access to flood defences or equipment maintained for flood defence purposes is materially obstructed, the undertaker must notify the Agency as soon as reasonably practicable and provide suitable alternative means of access that will allow the Agency to maintain the flood defence or use the equipment no less effectively than was possible before the obstruction occurred and such alternative access must be made available as soon as reasonably practicable after the undertaker becomes aware of such obstruction, except in the case of an emergency in which case the undertaker must provide such alternative means of access in accordance with protocols for emergency access approved under paragraph 20. 2 For the purposes of paragraph (1) , the Great Breach Pumping Station is considered to be equipment maintained for flood defence purposes. 3 Nothing in sub-paragraph (1) prevents the Agency from utilising its statutory powers. Free passage of fish 28 1 The undertaker must take all such measures as may be reasonably practicable to prevent any interruption of the free passage of fish in the fishery during the construction of any specified work. 2 If by reason of— a the construction of any specified work; or b the failure of any such work, damage to the fishery is caused, or the Agency has reason to expect that such damage may be caused, the Agency may serve notice on the undertaker requiring it to take such steps as may be reasonably practicable to make good the damage, or, as the case may be, to protect the fishery against such damage within the period specified in the notice. 3 If the undertaker fails to take such steps as are described in the notice served under sub-paragraph (2) , the Agency may take those steps and any expenditure incurred by the Agency in so doing is recoverable from the undertaker. 4 In any case where immediate action by the Agency is reasonably required in order to secure that the risk of damage to the fishery is avoided or reduced, the Agency may take such steps as are reasonable for the purpose, and may recover from the undertaker any expenditure incurred in so doing provided that notice specifying those steps is served on the undertaker as soon as reasonably practicable after the Agency has taken, or commenced to take, the steps specified in the notice. The Thames Flood Acts works 29 Nothing in Article 7 prevents the Agency serving a notice on the undertaker under the Thames Flood Acts requiring works to, or financial contributions towards, raising the crest levels of flood defences or reinforcement to flood defences to improve the standard of flood protection and the undertaker being required to comply with any such notice pursuant to the Thames Flood Acts. Costs and indemnity 30 The undertaker indemnifies the Agency in respect of all costs, charges and expenses which the Agency may reasonably incur— a in the examination or approval of plans under this Part of this Schedule; b in the inspection of the construction of the specified works or any protective works required by the Agency under this Part of this Schedule; and c in the carrying out of any surveys or tests by the Agency which are reasonably required in connection with the construction of the specified works. 31 1 The undertaker is responsible for and indemnifies the Agency against all costs and losses, liabilities, claims and demands not otherwise provided for in this Schedule which may be reasonably incurred or suffered by the Agency by reason of, or arising out of— a the construction, operation or maintenance of any specified works comprised within the authorised development or the failure of any such works comprised within them; or b any act or omission of the undertaker, its employees, contractors or agents or others whilst engaged upon the construction, operation or maintenance of the authorised development or dealing with any failure of the authorised development. 2 For the avoidance of doubt, in sub-paragraph (1) — “ costs ” includes— expenses and charges; staff costs and overheads; and legal costs; “ losses ” includes physical damage; “claims” and “demands” include as applicable— costs (within the meaning of this sub-paragraph (2) incurred in connection with any claim or demand; and any interest element of sums claimed or demanded; and “ liabilities ” includes— contractual liabilities; tortious liabilities (including liabilities for negligence or nuisance); liabilities to pay statutory compensation or for breach of statutory duty; and liabilities to pay statutory penalties imposed on the basis of strict liability (but does not include liabilities to pay other statutory penalties). 3 The Agency must give to the undertaker reasonable notice of any such claim or demand and must not settle or compromise a claim without the agreement of the undertaker and that agreement must not be unreasonably withheld or delayed. 4 The Agency must, at all times take reasonable steps to prevent and mitigate any such claims, demands, proceedings, costs, damages, expenses or loss. 5 The fact that any work or thing has been executed or done by the undertaker in accordance with a plan approved by the Agency, or to its satisfaction, or in accordance with any directions or award of an arbitrator, must not relieve the undertaker from any liability under the provisions of this Part of this Schedule. 6 Nothing in this paragraph imposes any liability on the undertaker with respect to any costs, charges, expenses, damages, claims, demands or losses to the extent that they are attributable to the neglect or default of the Agency, its officers, servants, contractors or agents. Disputes 32 Any dispute arising between the undertaker and the Agency under this Part of this Schedule must, if the parties agree, be determined by arbitration under article 49 (arbitration), but failing agreement be determined by the Secretary of State for Environment, Food and Rural Affairs or its successor and the Secretary of State for the department of Energy Security and Net Zero or its successor acting jointly on a reference to them by the undertaker or the Agency, after notice in writing by one to the other. PART 4 FOR THE PROTECTION OF THAMES WATER UTILITIES LIMITED Application 33 The provisions of this Part of the Schedule, unless otherwise agreed in writing between the undertaker and TWUL, have effect. Interpretation 34 In this Part of this Schedule— “ access road ” means the existing access road connecting Norman Road to the existing Crossness Sewage Treatment Works; “ alternative apparatus ” means alternative apparatus adequate to enable TWUL to fulfil its statutory functions in a manner no less efficient and effective than previously; “ apparatus ” means— any drain, disposal works or sewer vested in TWUL under the Water Industry Act 1991; and any sewer, drain or disposal works which are the subject of a notice of intention to adopt given under section 102(4) (adoption of sewers and disposal of works) of the Water Industry Act 1991 or an agreement to adopt made under section 104 (agreements to adopt sewer, drain or sewage disposal works, at a future date) of that Act, and includes a sludge main, disposal main (within the meaning of section 219 (general interpretation) of the Water Industry Act 1991) or sewer outfall and any manholes, ventilating shafts, pumps, inspection chambers or other accessories (as defined in section 219 (general interpretation) of the Water Industry Act 1991) forming part of any such sewer, drain or works, and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus; “ functions ” includes powers and duties; “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; “ plan ” includes all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed. On street apparatus 35 This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and TWUL are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act. Apparatus in stopped up streets and public rights of way 36 1 Except where paragraph 40 applies, where any street is stopped up under article 15 (permanent stopping up of specified street and private means of access) or any public right of way is stopped up under article 17 (permanent closure and diversion of, and creation of new public rights of way and authorising vehicular use on public rights of way), TWUL has the same powers and rights in respect of any apparatus in the land in which the street or public right of way subsists as it enjoyed immediately before the stopping up and the undertaker must grant to TWUL legal easements reasonably satisfactory to TWUL in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the undertaker or of TWUL to require the removal of that apparatus, or provision of alternative apparatus under paragraph 39 or the power of the undertaker to carry out works under paragraph 41. 2 Regardless of the temporary alteration, diversion or restriction of any street under the powers conferred by article 16 (temporary prohibition or restriction of use of streets, private means of access and public rights of way and authorising vehicular use on public rights of way), TWUL is at liberty at all times to take all necessary access across any such stopped up street and to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up or diversion was in that street, upon giving at least three weeks’ notice of such intended entry, unless in an emergency. Access Road 37 1 The undertaker must not stop up in whole or in part the access road under article 15 (permanent stopping up of specified street and private means of access) or extinguish in whole or in part any right of TWUL along the access road unless and until— a the undertaker has submitted plans for Work No. 8 and its connection to Norman Road to TWUL and TWUL has approved them; b the undertaker has provided TWUL with a new right to use, keep, inspect, renew and maintain the new access road created under Work No. 8 that is reasonably convenient and on terms agreed by TWUL; and c TWUL’s agreement and approvals under sub-paragraphs (a) and (b) must not to be unreasonably withheld or delayed but may be given in accordance with such reasonable requirements as may be made by TWUL in respect of ensuring continued operational and emergency access to the existing Crossness Sewage Treatment Works from Norman Road. 2 The works in sub-paragraph (1)(a) must be executed only in accordance with the plans approved under that sub-paragraph. 3 Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any interest in the access road plots otherwise than by agreement. Protective works to buildings 38 The undertaker, in the case of the powers conferred by article 23 (protective work to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus. Acquisition of land or interests 39 Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus of TWUL otherwise than by agreement. Removal of apparatus 40 1 If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or requires that TWUL’s apparatus is removed, relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of TWUL to maintain that apparatus in that land must not be extinguished, until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of TWUL in accordance with sub-paragraphs 40(2) to(6). 2 If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to TWUL 56 days’ written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed for approval by TWUL and in that case (or if in consequence of the exercise of any of the powers conferred by this Order TWUL reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3) , afford to TWUL the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus. 3 If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed TWUL must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use its reasonable endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation shall not extend to the requirement for TWUL to use its compulsory purchase powers to this end unless it elects (in its absolute discretion) to so do. 4 Any default of agreement or approval of TWUL under sub-paragraph (1) or (2) must be settled by arbitration in accordance with article 49 (arbitration). 5 TWUL must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 49 (arbitration), and after the grant to TWUL of any such facilities and rights as are referred to in sub-paragraphs (2) or (3) , proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule. 6 Regardless of anything in sub-paragraph (5) , and subject to sub-paragraph (7) , if the undertaker gives notice in writing to TWUL that the undertaker desires itself to execute any work, or part of any work in connection with the construction or removal of apparatus in any land of the undertaker, and TWUL gives its consent in writing (which shall not be unreasonably withheld or delayed and shall be subject to the provisions of sub-paragraph (7) ), that work, instead of being executed by TWUL, may be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of TWUL. 7 If by the end of the period of 56 days from the submission of the details relating to required removal works under sub-paragraph (1) , the confirmation of the reasonable satisfaction of the construction and operation of alternative apparatus under sub-paragraph (2) or the carrying out of works pursuant to sub-paragraph (6) TWUL has not intimated their disapproval of those details and the grounds of such disapproval, the undertaker may give TWUL written notice requiring TWUL to intimate approval or disapproval within a further period of 28 days beginning with the date upon which TWUL receives written notice from the undertaker and if by the expiry of the further 28 days TWUL has not intimated approval or disapproval, TWUL shall be deemed to have approved the details as submitted provided that such notification has been made in accordance with paragraph 56 (notices and applications). 8 Any deemed approval under sub-paragraph (7) does not extend to the actual undertaking of the removal works, which remains the sole responsibility of TWUL or its contractors. Facilities and rights for alternative apparatus 41 1 Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to TWUL facilities and rights for the construction and maintenance of alternative apparatus in substitution for apparatus to be removed, those facilities and rights are to be granted upon such terms and conditions as may be agreed between the undertaker and TWUL or in default of agreement settled by arbitration in accordance with article 49 (arbitration). 2 In settling those terms and conditions in respect of alternative apparatus to be constructed in the land of the undertaker, the arbitrator will— a give effect to all reasonable requirements of the undertaker for ensuring the safety and efficient operation of the authorised development and for securing any subsequent alterations or adaptions of the alternative apparatus which may be required to prevent interference with the proposed works of the undertaker; and b 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, if any, applicable to the apparatus constructed in or on the land for which the alternative apparatus is to be substituted; and c give effect to the statutory obligations of TWUL and the undertaker. 3 If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to TWUL than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to TWUL as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case. Retained apparatus 42 1 Not less than 56 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are within 5 metres of the outside face of any apparatus the removal of which has not been required by the undertaker under paragraph 40(2), the undertaker must submit to TWUL a plan of the works to be executed. 2 The undertaker must not commence any works to which sub-paragraph (1) applies until TWUL has given written approval of the plan so submitted and such approval may be given subject to reasonable requirements for the purposes mentioned in sub-paragraph (3) . 3 Those works must be executed only in accordance with the plan submitted under sub-paragraph (1) and in accordance with such reasonable requirements or modifications as may be made in accordance with sub-paragraph (4) by TWUL for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and TWUL is entitled to watch and inspect the execution of those works upon giving at least three weeks’ notice of such intended entry to watch and inspect, unless in an emergency. 4 Any requirements made by TWUL as a condition of the approval under sub-paragraph (2) must be notified to the undertaker within a period of 35 days beginning with the date on which a plan under sub-paragraph (1) is submitted to it. 5 If by the end of the period of 35 days from the submission of the details relating to required works under sub-paragraph (1) TWUL has not intimated their disapproval of those details and the grounds of such disapproval, the undertaker may give TWUL written notice requiring TWUL to intimate approval or disapproval within a further period of 28 days beginning with the date upon which TWUL receives written notice from the undertaker and if by the expiry of the further 28 days TWUL has not intimated approval or disapproval, TWUL shall be deemed to have approved the details as submitted provided that such notification has been made in accordance with paragraph 56 (notices and applications). 6 If TWUL in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 34 to 36 and 40 to 42 apply as if the removal of the apparatus had been required by the undertaker under paragraph 40(2). 7 Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of any works (unless otherwise agreed with TWUL), a new plan instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan. 8 The undertaker is not required to comply with sub-paragraph (1) in a case of emergency works but in that case must— a give TWUL notice in accordance with paragraph 56 (notices and applications) as soon as is reasonably practicable; b provide TWUL with a plan of those works as soon as reasonably practicable subsequently; c carry out the works in accordance with industry best practice and guidelines on safe working near utilities; d comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances; and e keep the impact of those emergency works on TWUL’s apparatus to a minimum. 9 In this Part of this Schedule “ emergency works ” means works whose execution at the time when they are executed is required in order to put an end to, or to prevent the occurrence of, circumstances then existing or imminent which are likely to cause danger to persons or serious damage to property. Where works comprise items some of which fall within this definition, the expression “emergency works” shall be taken to include such of the items as do not fall within that definition as cannot reasonably be severed from those that do. Expenses and costs 43 1 Subject to the following provisions of this paragraph, the undertaker must repay to TWUL all expenses reasonably incurred and any compensation properly paid by TWUL in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any alternative apparatus which may be required in consequence of the execution of any such works as are referred to in paragraphs 40(2), 42(2) or 42(3). 2 There must be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule that value being calculated after removal. 3 If in accordance with the provisions of this Part of this Schedule— a apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or b apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated, and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 49 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to TWUL by virtue of sub-paragraph (1) must be reduced by the amount of that excess. 4 For the purposes of sub-paragraph (3) — a an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and b where the provision of a joint in a pipe is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined. 5 An amount which apart from this sub-paragraph would be payable to TWUL in respect of works by virtue of sub-paragraph (1) , if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on TWUL any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit. 44 1 Subject to sub-paragraphs (2) and (3) , if by reason or in consequence of the construction, maintenance or failure of any of the works referred to in paragraph 42(2) 42(2) , any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works), or there is any interruption in the service provided by such apparatus or alternative apparatus, the undertaker must— a bear and pay the cost reasonably and properly incurred by TWUL in making good such damage or restoring the service; and b indemnify TWUL against all reasonable claims, penalties, demands, proceedings, costs, damages and expenses which are made or taken against or recovered from, or reasonably and properly incurred by TWUL, by reason or in direct consequence of any such damage or interruption. 2 The fact that any act or thing may have been done by TWUL on behalf of the undertaker or in accordance with a plan approved by TWUL or in accordance with any requirement of TWUL or under its supervision does not, subject to sub-paragraph (3) , excuse the undertaker from liability under the provisions of sub-paragraph (1) unless TWUL fails to carry out and execute the works properly with due care and attention and in a skilful and professional like manner or in a manner that does not accord with the approved plan. 3 Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of TWUL, its officers, servants, contractors or agents. 4 TWUL must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker who, if withholding such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand. Cooperation 45 Where in consequence of the proposed construction of any of the authorised development, the undertaker or TWUL requires the removal of apparatus under paragraph 40(2) or TWUL makes requirements for the protection or alteration of apparatus under paragraph 42, the undertaker must use best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of TWUL’s undertaking and TWUL must use its best endeavours to co-operate with the undertaker for that purpose. 46 Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and TWUL in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made. 47 At all times the undertaker shall procure that its employees, contractors and subcontractors take all reasonable and proper precautions in exercise of powers conferred by this Order to ensure that as little damage, obstruction or interference is caused is caused to TWUL’s undertaking as is reasonably practicable save that this obligation shall not prevent the construction or operation of the authorised development. 48 In this Part of this Schedule, where the agreement or approval of TWUL is required, such agreement or approval must not be unreasonably withheld or delayed. Use of statutory powers 49 In the event that TWUL carries out any works involving apparatus, including under its own statutory powers, at the express written request of the undertaker then— a this Part of this Schedule shall apply to such works and TWUL covenants to observe and comply with this Part of this Schedule irrespective of whether it is carrying out the works under its own statutory powers or in reliance on the powers conferred by the Order; and b TWUL covenants to comply with the terms of the Order. Ground works and surveys 50 The undertaker must provide written notice to TWUL as soon as reasonably practicable in the event they determine to alter the ground level more than 300mm within 5 metres laterally of the outside face of any apparatus. Upon receiving such notice, TWUL will determine if works under paragraphs 40(2) or 42(2) are necessary and the timescales in paragraphs 42(4) and 42(5) shall apply to such determination from the date of receipt of the notice. 51 The undertaker must provide written notice to TWUL as soon as reasonably practicable if they intend to survey using ground intrusive methods within 5 metres laterally of the outside face of any apparatus. Upon receiving such notice, TWUL will determine if works under paragraphs 40(2) or 42(2) are necessary and the timescales in paragraphs 42(4) and 42(5) shall apply to such determination from the date of receipt of the notice. Consultation 52 The undertaker must consult with TWUL on draft documentation prior to the submission of any plan, scheme or strategy under requirements 7 (code of construction practice), 9 (construction traffic management plan), 10 (emergency preparedness and response plan), 12 (landscape, biodiversity, access and recreation delivery strategy) and 13 (surface and foul water drainage), to the relevant planning authority. 53 At least 56 days prior to the submission of the landscape, biodiversity, access and recreation delivery strategy (“LaBARDS”) to the relevant planning authority in accordance with requirement 12 , the undertaker must invite TWUL (in accordance with paragraph 56) to review and input into the LaBARDS proposed to be submitted to the relevant planning authority and the undertaker must include such reasonable suggestions made by TWUL in relation to the part of the Crossness Nature Reserve owned by TWUL. 54 If TWUL does not respond to the invitation to which paragraph 53 refers within the 56 day period, TWUL shall be deemed to have rejected the invitation and the undertaker may proceed to submitting the LaBARDS to the relevant planning authority without any input from TWUL. 55 Any dispute as to the reasonableness of any suggestions made by TWUL in accordance with paragraph 53 shall be referred to arbitration in accordance with article 49 (arbitration) and the undertaker may not submit the LaBARDS to the relevant planning authority for approval if a matter referred to arbitration remains undetermined. Notices and applications 56 Notwithstanding any other provision of this Order, any— a written notice to TWUL provided for in this Order; or b application for the approval of TWUL made pursuant to article 21 (discharge of water), must be made by email to devcon.team@thameswater or developer.services@thameswater.co.uk or such other contact details as may be provided by TWUL to the undertaker from time to time. In the case of emergencies, notice must also be given via the Thames Water website or such other contact details as may be provided by TWUL to the undertaker from time to time. PART 5 FOR THE PROTECTION OF THE PORT OF LONDON AUTHORITY 57 The provisions of this Part of this Schedule have effect, unless otherwise agreed in writing between the undertaker and the PLA, for the protection of the PLA in relation to the construction, maintenance, operation and decommissioning of the authorised development. Interpretation 58 In this Part of this Schedule— “ construction ” includes execution, placing, altering, removing, replacing, maintaining, relaying and renewal and, in its application to a specified work which includes or comprises any operation, means the carrying out of that operation and “construct” and “constructed” have corresponding meanings; “ core information ” means the information (including information comprised in plans) regarding specified works or specified functions that the PLA may from time to time prescribe as being required to accompany any submission of plans for approval under paragraph 59, such information being that which the PLA publishes on its website from time to time as being required to accompanying an application for a works licence under section 66 (licensing of works) or, as the case may be, an application for a licence to dredge under section 73 (licensing of dredging, etc.) of the 1968 Act; “ the PLA Harbour Master ” means the means any harbour master of the PLA and any of their authorised deputies and assistants and any person authorised by the PLA to act in that capacity; “ maintaining ” does not include the activities listed in section 66(4) of the 1968 Act; “ plans ” includes navigational risk assessments, plans, sections, elevations, drawings, specifications, programmes, construction methods and descriptions including, where applicable, such relevant hydraulic information about the river Thames as may be reasonably requested by the PLA and details of where the undertaker considers that paragraph 59(8), paragraph 59(10), article 8(2) or article 8(4) should apply to existing structures; “ specified function ” means any function of the undertaker under this Order (except any function under articles 28 (compulsory acquisition of land), 30 (compulsory acquisition of rights) and 31 (acquisition of subsoil or airspace only), the exercise of which may affect the river Thames or any function of the PLA; and “ specified work ” means— any part of the authorised development (which for this purpose includes the removal of any part of the authorised development or any decommissioning works), which— is, may be, or takes place in, on, under or over the surface of land below mean high water level forming part of the river Thames; or may affect the river Thames or any function of the PLA; and any projection over the river Thames (whether inside or outside the Order limits) by any authorised work or any plant or machinery. Approval of detailed design 59 1 The undertaker must not commence the construction of any specified work or the exercise of any specified function until plans of the work or function have been approved in writing by the PLA. 2 The undertaker must submit to the PLA plans of the specified work or specified function together with all relevant core information and must thereafter provide such further particulars as the PLA may, within 20 business days starting with the day on which plans are submitted under this sub-paragraph, reasonably require, and the particulars so supplied are to provide all information necessary to enable the PLA to determine whether approval should be given and, if so, whether conditions should be imposed. 3 Any approval of the PLA required under this paragraph must not be unreasonably withheld or delayed but may be given subject to such reasonable modifications, terms and conditions as the PLA may make for the protection of— a traffic in, or the flow or regime of, the river Thames; b the use of its land, or the river Thames, for the purposes of performing its functions; or c the performance of any of its functions connected with environmental protection. 4 Requirements made under sub-paragraph (3) may include conditions as to— a the proposed location of any temporary work and its dimensions or the location where the specified function is proposed to be exercised; b the programming of temporary works or the exercise of the specified function including the timing and management of giving up temporary possession; c the removal of any temporary work and the undertaking by the undertaker of any related work or operation that the PLA considers to be necessary for the purpose of removing or preventing any obstruction to navigation; d the relocation, provision and maintenance of works, moorings, apparatus and equipment necessitated by the specified work or specified function; and e the expiry of the approval if the undertaker does not commence construction or carrying out of the approved specified work or exercise of the specified function within a prescribed period. 5 Subject to sub-paragraph (6) , an application for approval under this paragraph is deemed to have been refused if it is neither given nor refused— a in the case of an application for approval under article 27 (power to dredge), within 40 business days of the paragraph 59 specified day; and b in any other case, within 30 business days of the paragraph 59 specified day. 6 An approval of the PLA under this paragraph is not deemed to have been unreasonably withheld or delayed if approval within the time limited by sub-paragraph (5) has not been given pending the outcome of any consultation on the approval in question that the PLA is obliged to carry out in the proper exercise of its functions. 7 The undertaker must carry out all operations for the construction of any specified work or the specified function without unnecessary delay and to the reasonable satisfaction of the PLA so that traffic in, or the flow or regime of, the river Thames, and the exercise of the PLA’s functions, do not suffer more interference than is reasonably practicable. The PLA is entitled at all reasonable times, on giving such notice as may be reasonable in the circumstances, to inspect and survey those operations and the undertaker must provide all reasonable facilities to enable that inspection and survey to take place. 8 To the extent that the PLA approves under sub-paragraph (1) the carrying out of any specific works or the exercising of any specified functions outside of the limits of deviation of Work No.4, and the physical extent of any existing structures that are authorised by a works licence granted by the PLA under section 66 (licensing of works) of the 1968 Act is changed or any of the existing structures are removed in their entirety as a result of the carrying out of that specified work or exercise of that specific function— a such works shall not constitute a breach of that works licence; b the undertaker must notify the holder of that works licence of the specified works or specified functions that are intended to be carried out on the existing structures, at least 30 business days before the specified works or specified functions are carried out; c within 30 business days following the completion of that specified work or exercise of that specific function, the undertaker must provide the PLA with such information as the PLA may reasonably require as to the changed physical extent or to confirm the entire removal of those existing structures; d unless sub-paragraph (10) applies, the PLA must within 30 business days of receipt of the information referred to in sub-paragraph (c) issue to the holder of the works licence granted by the PLA under section 66 (licensing of works) of the 1968 Act in respect of the existing structures in question a new licence to reflect— i the physical changes to the existing structures; and ii any changes to the conditions of the works licence it considers necessary to reflect the physical changes and to meet the requirements of the 1968 Act and the PLA’s duties under it; e from the date of its issue that new licence shall apply to the changed extent of the remaining existing structures in question, the existing works licence shall be revoked, the holder of the licence must comply with the conditions of the new licence and the 1968 Act shall apply to the remaining existing structures and works authorised by the new licence; and f the holder of the works licence for the existing structures in questions shall have the right to appeal the conditions of any new works licence issued by the PLA under sub-paragraph (1)(b) of section 69 (appeal to board of trade) of the 1968 Act. 9 Where sub-paragraph (8) applies, the undertaker must— a compensate the holder of the works licence for any reasonable increase to the costs of that licence holder of complying with the conditions of the new works licence, compared to the costs of complying with the works licence that previously applied; and b pay the reasonable costs of the PLA in complying with sub-paragraph (8)(d) and in connection with the reasonable costs of the PLA’s participation in any appeal made under sub-paragraph (1)(b) of section 69 (appeal to board of trade) of the 1968 Act in connection with a new works licence issued under sub-paragraph (8)(f) . 10 To the extent that the PLA approves under sub-paragraph (1) the carrying out of any specific works or the exercising of any specified functions outside of the limits of deviation of Work No.4 and all existing structures that are authorised by a works licence granted by the PLA under section 66 (licensing of works) of the 1968 Act are removed in their entirety as a result of the carrying out of that specified work or exercise of that specific function, and article 8 does not apply— a following the completion of that specified work or exercise of that specific function, the undertaker must provide the PLA with information to demonstrate that the existing structures have been removed in their entirety; and b upon the PLA being satisfied that the existing structures have been removed in their entirety it must— i notify the undertaker that it is so satisfied; and ii write to the holder of the works licence to confirm that that works licence is terminated. 11 Where sub-paragraph (10) applies, the undertaker must pay the reasonable costs of the PLA in complying with sub-paragraph (10)(b) . 12 In this paragraph— “ commence ” includes the permitted preliminary works where they take place in the river Thames, “plans” shall, in respect of the exercising of article 27 , only mean such information which the PLA publishes on its website from time to time as being required to accompany an application for a licence to dredge under section 73 (licensing of dredging, etc.) of the 1968 Act and any documents required by the PLA pertaining to sampling, but not any other document listed under the definition of plans in paragraph 58, in respect of the exercising of article 27 , and “ the paragraph 59 specified day ” means, in relation to any specified work or specified function— the day on which plans and sections of that work or function are submitted to the PLA under sub-paragraph (1) ; or the day on which the undertaker provides the PLA with all further particulars of the work or function that have been requested by the PLA under that sub-paragraph, whichever is the later. As built drawings 60 As soon as reasonably practicable following the completion of the construction of the authorised development, the undertaker must provide to the PLA as built drawings of any specified works in a form and scale to be agreed between the undertaker and the PLA to show the position of those works in relation to the river Thames. Discharges, etc. 61 1 The undertaker must not without the consent of the PLA exercise the powers conferred by article 21 (discharge of water) so as to— a deposit in or allow to fall or be washed into the river Thames any gravel, soil or other material; b discharge or allow to escape either directly or indirectly into the river Thames any offensive or injurious matter in suspension or otherwise; or c directly or indirectly discharge any water into the river Thames. 2 Any consent of the PLA under this paragraph must not be unreasonably withheld or delayed but may be given subject to such terms and conditions as the PLA may reasonably impose. 3 Any consent under this paragraph is deemed to have been given if it is neither given nor refused (or is refused but without an indication of the grounds for refusal) within 35 days of the day on which the request for consent is submitted under sub-paragraph (1) . 62 The undertaker must not, in exercise of the powers conferred by article 21 (discharge of water), damage or interfere with the beds or banks of any watercourse forming part of the river Thames unless such damage or interference is approved as a specified work under this Order or otherwise forms part of the authorised development and is otherwise approved by the PLA. Navigational lights, buoys, etc. 63 1 The undertaker must, at or near a specified work, a structure which remains in the river Thames by virtue of article 8 (interaction with the 1968 Act) or a location where a specified function is being exercised, exhibit such lights, lay down such buoys and take such other steps for preventing danger to navigation as the PLA may from time to time reasonably require. 2 The PLA must give the undertaker not less than 20 business days’ written notice of a requirement under sub-paragraph (1) except in the case of emergency when the PLA must give such notice as is reasonably practicable. Directions as to lights 64 The undertaker must comply with any reasonable directions issued from time to time by the PLA Harbour Master with regard to the lighting of— a a specified work or a structure which remains in the river Thames by virtue of article 8 (interaction with the 1968 Act); or b the carrying out of a specified function or the use of apparatus for the purposes of such a function, or the screening of such lighting, so as to ensure that it is not a hazard to navigation on the river Thames. Permanent lights on tidal works 65 After the completion of a specified work the undertaker must at the outer extremity of that work exhibit every night from sunset to sunrise such lights, if any, and take such other steps, if any, for the prevention of danger to navigation as the PLA may from time to time direct. Removal, etc. of the PLA’s moorings and buoys 66 1 Subject to sub-paragraph (2) , if by reason of the construction of any specified work or the exercise of any specified function it is reasonably necessary for the PLA to incur the cost of— a temporarily or permanently altering, removing, re-siting, repositioning or reinstating existing moorings or aids to navigation (including navigation marks or lights) owned by the PLA; b laying down and removing substituted moorings or buoys; or c carrying out dredging operations for any such purpose, not being costs which it would have incurred for any other reason, the undertaker must pay the costs reasonably so incurred by the PLA. 2 The PLA must give to the undertaker not less than 20 business days’ notice of its intention to incur such costs, and take into account any representations which the undertaker may make in response to the notice within 10 business days of the receipt of the notice. Sedimentation, etc. remedial action 67 1 This paragraph applies if any part of the river Thames has become or is likely to become subject to sedimentation, scouring or other changes in the flow or regime of the river Thames which— a is wholly or partly caused by a specified work or the carrying out of a specified function during the period beginning with the commencement of construction of the work or function and (subject to sub-paragraph (4) ) ending with the expiration of six years after the date of completion of all the specified works comprised in the authorised development; and b for the safety of navigation or for the protection of any works in the river Thames, should in the reasonable opinion of the PLA be removed or made good. 2 Subject to sub-paragraph (3) the undertaker must either— a pay to the PLA any additional expense to which the PLA may reasonably be put in dredging the river Thames to remove the sedimentation or in making good the scouring so far as (in either case) it is attributable to either or both the specified work and the specified function; or b carry out the necessary dredging or work to make good the scouring at its own expense and subject to the prior approval of the PLA which may be subject to reasonable conditions but which may not be unreasonably withheld or delayed; and the expenses payable by the undertaker under this sub-paragraph include any additional expenses accrued or incurred by the PLA in carrying out surveys or studies which may be agreed with the undertaker in connection with the implementation of this paragraph. 3 If it is established that the sedimentation, scouring or other changes in the flow or regime of the river was partly caused by a specified work or a specified function and partly by another factor, the undertaker’s liability under sub-paragraph (2) is apportioned accordingly. 4 At any time before the expiry of the period of six years after the date of completion of Work No. 4 (“the completion date”) the PLA may serve notice on the undertaker stating that in the opinion of the PLA the river Thames or any part of it may, after the expiry of that period, become subject to sedimentation, scouring or other changes in its flow or regime wholly or partly caused by a specified work or specified function. Any such notice must specify— a the additional period (not exceeding 10 years after the completion date) during which the provisions of sub-paragraphs (1) and (2) ought to apply; and b the PLA’s reasons for reaching that opinion. 5 On receipt of any such notice the undertaker may serve a counter-notice within 30 business days beginning on the day the notice was received, such notice to include details of the undertaker’s objection to the PLA’s notice or any conditions it may wish to impose on compliance by the undertaker with the PLA’s notice. 6 In the event that the PLA and the undertaker cannot agree the matters raised in the PLA’s notice and the undertaker’s counter-notice within two months from the service of the undertaker’s counter-notice, either party may refer the matter to arbitration under paragraph 78. 7 If the undertaker fails to serve a counter-notice or if it serves a counter-notice and the matter is either agreed between the PLA and the undertaker or determined pursuant to sub-paragraph (6) , then the provisions of sub-paragraphs (1) and (2) will apply during such additional period as is specified in the PLA’s notice or as may be so agreed or determined. Removal of temporary works 68 1 On completion of the construction of the whole or any part of a permanent specified work, the undertaker must— a as soon as reasonably practicable after such completion seek approval under paragraph 59 for the removal required by sub-paragraph (b) ; and b as soon as reasonably practicable after the grant of that approval under paragraph 59 remove— i in the case of completion of part of a permanent specified work, any temporary tidal work (other than a residual structure) carried out only for the purposes of that part of the permanent specified work; ii on completion of all the specified works, any remaining temporary tidal work (other than a residual structure); and iii in either case, any materials, plant and equipment used for such construction, and make good the site to the reasonable satisfaction of the PLA. 2 For the purposes of the undertaker making good the site in accordance with sub-paragraph (1)(b) , the PLA may require that— a any residual structure is cut off by the undertaker at such level below the bed of the river Thames as the PLA may reasonably direct; and b the undertaker takes such other steps to make the residual structure safe as the PLA may reasonably direct. 3 As soon as reasonably practicable after the undertaker has complied with the PLA’s requirements under sub-paragraphs (1) and (2) in relation to any residual structure, the PLA will grant the undertaker a works licence for that structure under section 66 (licensing of works) of the 1968 Act, and the terms of the licence are to reflect such requirements. 4 For the avoidance of doubt, article 8 (interaction with the 1968 Act) will not apply to a residual structure which will, accordingly, be subject to sections 66 to 75 of the 1968 Act. 5 In this paragraph— “ residual structure ” means any part of a temporary tidal work that the PLA agrees cannot reasonably be removed by the undertaker on completion of the construction of the permanent specified works; and “ tidal work ” means any specified work any part of which is, or may be, or, in, under or over the surface of land below mean high water level forming part of the river Thames. Protective action 69 1 If any specified work or the exercise of any specified function— a is constructed or carried out otherwise than in accordance with the requirements of this Part of this Schedule or with any condition in an approval given under paragraph 59(4); or b during construction or carrying out gives rise to sedimentation, scouring, currents, wave action, or worsening of the condition of the river bed, which would be materially detrimental to traffic in, or the flow or regime of, the river Thames, then the PLA may by notice in writing require the undertaker at the undertaker’s own expense to comply with the remedial requirements specified in the notice. 2 The requirements that may be specified in a notice given under sub-paragraph (1) are— a in the case of a specified work or specified function to which sub-paragraph (1)(a) applies, such requirements as may be specified in the notice for the purpose of giving effect to the requirements of— i this Part of this Schedule; or ii the condition that has been breached; or b in any case within sub-paragraph (1)(b) , such requirements as may be specified in the notice for the purpose of preventing, mitigating or making good the sedimentation, scouring, currents, wave action, or material worsening of the condition of the river bed, so far as required by the needs of traffic in, or the flow or regime of, the river Thames. 3 If the undertaker does not comply with a notice under sub-paragraph (1) , or is unable to do so then the PLA may in writing require the undertaker to— a remove, alter or pull down the specified work, and where the specified work is removed to restore the site of that work (to such extent as the PLA reasonably requires) to its former condition; or b take such other action as the PLA may reasonably specify for the purpose of remedying the non-compliance to which the notice relates. 4 If a specified work gives rise to materially new or materially different environmental effects than those identified in any environmental document, the undertaker must, in compliance with its duties under any enactment, take such action as is necessary to prevent or mitigate adverse environmental impacts and in so doing must consult and seek to agree the necessary measures with the PLA. 5 If the PLA becomes aware that any specified work is causing materially new or materially different environmental effects than those identified in any environmental document, the PLA must notify the undertaker of that environmental impact, the reasons why the PLA believes that an adverse environmental impact is being caused by the specified work and of measures that the PLA reasonably believes are necessary to counter or mitigate that adverse environmental impact. The undertaker must implement either the measures that the PLA has notified to the undertaker or such other measures as the undertaker believes are necessary to counter the adverse environmental impact identified, giving reasons to the PLA as to why it has implemented such other measures. 6 In this paragraph “ environmental document ” means— a the environmental statement; and b any other document containing environmental information provided by the undertaker to the PLA for the purposes of any approval under paragraph 59. Abandoned or decayed works 70 1 If a specified work or a structure which remains in the river Thames by virtue of article 8 (interaction with the 1968 Act) is abandoned or falls into decay, the PLA may by notice in writing require the undertaker to take such reasonable steps as may be specified in the notice either to repair or restore the specified work or structure, or any part of it, or to remove the specified work or structure and (to such extent and within such limits as the PLA reasonably requires) restore the site of that work to its condition prior to the construction of the specified work or structure. 2 If any specified work or structure which remains in the river Thames by virtue of article 8 (interaction with the 1968 Act) is in such condition that it is, or is likely to become, a danger to or an interference with navigation in the river Thames, the PLA may by notice in writing require the undertaker to take such reasonable steps as may be specified in the notice— a to repair and restore the work or structure or part of it; or b if the undertaker so elects, to remove the specified work or structure and (to such extent as the PLA reasonably requires) to restore the work or structure to its former condition. 3 If on the expiration of such reasonable period as may be specified in a notice under this paragraph the work specified in the notice has not been completed to the satisfaction of the PLA, the PLA may undertake that work and any expenditure reasonably incurred by the PLA in so doing is recoverable from the undertaker. Facilities for navigation 71 1 The undertaker must not in the exercise of the powers conferred by this Order interfere with any marks, lights or other navigational aids in the river Thames without the consent of the PLA, and must ensure that access to such aids remains available during and following construction of any specified work or the exercise of any specified function. 2 The undertaker must provide at any specified work, or must afford reasonable facilities at such work (including an electricity supply) for the PLA to provide at the undertaker’s cost, from time to time such navigational lights, signals, radar or other apparatus for the benefit, control and direction of navigation as the undertaker or the PLA may deem necessary by reason of the construction and presence of the specified work and must ensure access remains available to such facilities during and following construction of the specified work. Survey of riverbed 72 1 The PLA may, at the undertaker’s expense (such expense to be that which is reasonably incurred), carry out a survey (or externally procure the carrying out of a survey) for the purpose of establishing the condition of the river Thames— a before the commencement of construction of the first specified work below mean high water level to be constructed following approval under paragraph 59; b before the commencement of construction of any other specified work, or the carrying out of any other specified function, approved under paragraph 59; c during the construction of any specified work, or the carrying out of any specified function, as is reasonably required, and d after completion of, respectively— i any specified work and the exercise of all related specified functions; and ii all the specified works constructed and specified functions carried out under this Order in relation to such construction, of such parts of the river Thames as might be affected by sedimentation, scouring, currents, wave action or material worsening of the condition of the river bed that might result from the construction of the relevant specified work, or the carrying out of a specified function as would, if it were to be constructed or carried out, constitute specified works, or give rise to operations, below mean high water level. 2 Except where it relates to the authorised navigational channel of the river Thames or in an emergency, the PLA may only carry out surveys under sub-paragraph (1)(c) — a if it has given at least 14 days’ notice of its intention to do so to the undertaker (unless otherwise agreed by the undertaker); b if the timing of the survey has been agreed in advance of the surveys by the undertaker; and c subject to the undertaker’s ability to refuse access for surveys if the undertaker considers that the carrying out of surveys at that time would lead to safety concerns in the construction of the specified work or the carrying out of the specified function. 3 The PLA must make available to the undertaker the results of any survey carried out under this paragraph. 4 The PLA must not under this paragraph carry out a survey of any part of the river Thames in respect of which the undertaker has provided to the PLA survey material which the PLA is satisfied establishes the condition of the river Thames, and in the case of a survey under sub-paragraph (1)(b) , the effect of the specified works and the specified functions. 5 A survey carried out under this paragraph is the property of the PLA. Consideration for dredged material 73 1 The undertaker must pay to the PLA for material dredged by the undertaker under this Order from so much of the river Thames of which the freehold is vested in the PLA, consideration calculated at a rate agreed between them and otherwise in accordance with this paragraph. 2 The consideration due under sub-paragraph (1) applies only in respect to material dredged in the course of the construction of the authorised development based on the quantity of such material that— a is not used for the construction of the authorised development; and b is sold by the undertaker or by any other person exercising any powers under this Order. Restriction on powers contained in Part 3 of this Order 74 Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference to the Order— a nothing contained in Part 3 of this Order nor article 39 (statutory undertakers) authorises the acquisition of any interest in, or the acquisition, appropriation, interference, overriding or extinguishment of any right in, on or over, or the imposing of restrictive covenants in any Order land (including airspace and subsoil) if the interest or right or the land to be affected by the restrictive covenant is (at the time of the proposed acquisition, appropriation, interference, overriding, extinguishment or the imposition of the restrictive covenant) land, airspace, subsoil or a right is vested in the PLA; and b nothing contained in article 37 (temporary use of land for carrying out the authorised development) or article 38 (temporary use of land for maintaining the authorised development) authorises the entering on and taking temporary possession or the entering of land (including airspace and subsoil) to gain access for maintenance in any Order land if the land at the time of the proposed entry the land, airspace or subsoil is vested in the PLA. Protection for the PLA’s functions 75 1 Subject to article 8 (interaction with the 1968 Act) the exercise in, under or over the river Thames by the undertaker of any of its functions under this Order is subject to— a any enactment relating to the PLA; b any byelaw, direction or other requirement made by the PLA or the PLA Harbour Master under any enactment; and c any other exercise by the PLA or the PLA Harbour Master of any function conferred by or under any enactment. 2 The undertaker must not take any action in the river Thames in relation to the removal from the Order limits of any vessel or other thing except with the consent of the PLA Harbour Master, which must not be unreasonably withheld or delayed. Indemnity 76 1 The undertaker is responsible for and must make good to the PLA all financial costs, charges, damages, losses or expenses which may be incurred reasonably or suffered by the PLA by reason of— a the construction or operation of a specified work or its failure; b the exercise of any specified function; or c any act or omission of the undertaker, its employees, contractors or agents or others whilst engaged on the construction or operation of a specified work or exercise of a specified function dealing with any failure of a specified work, and the undertaker must indemnify the PLA from and against all claims and demands arising out of or in connection with the specified works or specified functions or any such failure, act or omission. 2 The undertaker will pay to the PLA its proper and reasonable legal costs, professional fees and disbursements incurred in connection with reviewing detailed design information, construction information and any other information submitted to the PLA in respect of a specified work or a specified function. 3 The undertaker will pay to the PLA the proper and reasonable costs of any notice to mariners that are required to be issued as a result of article 25(6) (works in the River Thames: conditions). 4 The fact that any act or thing may have been done— a by the PLA on behalf of the undertaker; or b by the undertaker, its employees, contractors or agents in accordance with plans or particulars submitted to or modifications or conditions specified by the PLA, or in a manner approved by the PLA, or under its supervision or the supervision of its duly authorised representative, does not (if it was done or required without negligence on the part of the PLA or its duly authorised representative, employee, contractor or agent) excuse the undertaker from liability under the provisions of this paragraph. 5 The PLA must give the undertaker reasonable notice of any such claim or demand as is referred to in sub-paragraph (1) and no settlement or compromise of it is to be made without the prior consent of the undertaker. Consultation 77 1 The undertaker must consult with the PLA on draft documentation, prior to the submission of any plan, scheme or strategy under requirements 7 (code of construction practice), 10 (emergency preparedness and response plan), 11 (lighting strategy), 16 (jetty works environmental design scheme) and 23 (decommissioning environmental management plan) which relate to Work No. 4, to the relevant planning authority. 2 The undertaker must consult with the PLA on any updates to a plan, scheme or strategy approved under requirements 7 (code of construction practice), 10 (emergency preparedness and response plan), 11 (lighting strategy), 16 (jetty works environmental design scheme) and 23 (decommissioning environmental management plan) which relate to Work No. 4, prior to submission to the relevant planning authority under requirement 3 (approved details and amendments to them). Disputes 78 Subject to any protocol agreed in writing by the parties, any dispute arising between the undertaker and the PLA under this Part of this Schedule is to be determined by arbitration as provided in article 49 (arbitration). PART 6 FOR THE PROTECTION OF UK POWER NETWORKS LIMITED, LONDON POWER NETWORKS PLC AND SOUTH EASTERN POWER NETWORKS PLC 79 For the protection of the utility undertakers referred to in this Part of this Schedule, the following provisions have effect, unless otherwise agreed in writing between the undertaker and the utility undertakers concerned. 80 In this Part of this Schedule— “ alternative apparatus ” means alternative apparatus adequate to enable the utility undertaker in question to fulfil its statutory functions in a manner not less efficient than previously; “ apparatus ” means electric lines or electrical plant (as defined in the Electricity Act 1989), belonging to or maintained by that utility undertaker; “ functions ” includes powers and duties; “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; and “ utility undertaker ” means— UK Power Networks Limited, whose registered office is at Newington House, 237 Southwark Bridge Road, London, SE1 6NP; London Power Networks plc, whose registered office is at Newington House, 237 Southwark Bridge Road, London, SE1 6NP; South Eastern Power Networks plc, whose registered office is at Newington House, 237 Southwark Bridge Road, London, SE1 6NP; for the area of the authorised development, and in relation to any apparatus, means the utility undertaker to whom it belongs or by whom it is maintained. 81 This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and the utility undertaker are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act. 82 Regardless of the temporary prohibition or restriction of use of streets under the powers conferred by article 16 (temporary prohibition or restriction of use of streets, private means of access and public rights of way and authorising vehicular use on public rights of way), a utility undertaker is at liberty at all times to take all necessary access across any such street and to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the prohibition or restriction was in that street. 83 Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus otherwise than with the prior written agreement of the utility undertaker. 84 1 If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or over which access to any apparatus is enjoyed or requires that the utility undertaker’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of a utility undertaker to maintain that apparatus in that land and to gain access to it must not be extinguished, until alternative apparatus has been constructed and is in operation, and access to it has been provided, to the reasonable satisfaction of the utility undertaker in question in accordance with sub-paragraphs (2) to (6) . 2 If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to the utility undertaker in question 28 days’ written notice of that 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 and in that case (or if in consequence of the exercise of any of the powers conferred by this Order a utility undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3) , afford to the utility undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus. 3 If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) , in the land in which the alternative apparatus or part of such apparatus is to be constructed, the utility undertaker in question must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use reasonable endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed. 4 Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the utility undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 49 (arbitration). 5 The utility undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 49 (arbitration), and after the grant to the utility undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3) , proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule. 6 Regardless of anything in sub-paragraph (5) , if the undertaker gives notice in writing to the utility undertaker in question that it desires itself to execute any work, or part of any work, in connection with the removal of apparatus or construction of alternative apparatus in any land controlled by the undertaker, that work, instead of being executed by the utility undertaker, must be executed by the undertaker without unnecessary delay and only in accordance with plans approved by the utility undertaker, such approval may be subject to such reasonable conditions including but not limited to the undertaker entering into an assets protection agreement with the utility undertaker as the utility undertaker deems necessary. The undertaker must carry out the works under the superintendence, if given, and to the reasonable satisfaction of the utility undertaker subject to the utility undertaker’s reasonable specification. 85 1 Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to a utility undertaker facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and the utility undertaker in question or in default of agreement settled by arbitration in accordance with article 49 (arbitration). 2 If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the utility undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to that utility undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case. 86 1 Not less than 28 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 85, the undertaker must submit to the utility undertaker in question a plan, section and description of the works to be executed. 2 Those works must be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the utility undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the utility undertaker is entitled to watch and inspect the execution of those works. 3 Any requirements made by a utility undertaker under sub-paragraph (2) must be made within a period of 28 days beginning with the date on which a plan, section and description under sub-paragraph (1) are submitted to it. 4 If a utility undertaker in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 79 to 85 apply as if the removal of the apparatus had been required by the undertaker under paragraph 84(2). 5 Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan, section and description. 6 The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to the utility undertaker in question notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances. 87 1 Subject to the following provisions of this paragraph, the undertaker must repay to a utility undertaker the reasonable expenses incurred by that utility undertaker 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 84(2). 2 There is to be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule, that value being calculated after removal. 3 If in accordance with the provisions of this Part of this Schedule— a apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or b apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was, and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 49 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the utility undertaker in question by virtue of sub-paragraph (1) is to be reduced by the amount of that excess. 4 For the purposes of sub-paragraph (3) — a an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus where such extension is required in consequence of the execution of any such works as are referred to in paragraph 84(2); and b where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined. 5 An amount which apart from this sub-paragraph would be payable to a utility undertaker in respect of works by virtue of sub-paragraph (1) if the works include the placing of apparatus provided in substitution for apparatus placed more than seven years and six months earlier so as to confer on the utility undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit. 88 1 Subject to sub-paragraphs (2) and (3) , if by reason or in consequence of the construction of any of the works referred to in paragraph 84(2), any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of a utility undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any utility undertaker, the undertaker must— a bear and pay the cost reasonably incurred by that utility undertaker in making good such damage or restoring the supply; and b make reasonable compensation to that utility undertaker for any other expenses, loss, damages, penalty or costs incurred by the utility undertaker, by reason or in consequence of any such damage or interruption. 2 Nothing in sub-paragraph 84(2)imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of a utility undertaker, its officers, servants, contractors or agents. 3 A utility undertaker must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand. 89 Where in consequence of the proposed construction of any of the authorised development, the undertaker or a utility undertaker requires the removal of apparatus under paragraph 84(2) or a utility undertaker makes requirements for the protection or alteration of apparatus under paragraph 86, the undertaker must use reasonable endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of the utility undertaker’s undertaking and each utility undertaker must use its reasonable endeavours to co-operate with the undertaker for that purpose. 90 Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and a utility undertaking in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made. PART 7 FOR THE PROTECTION OF SOUTHERN GAS NETWORKS PLC AS GAS UNDERTAKER Application 91 For the protection of SGN the following provisions will, unless otherwise agreed in writing between the undertaker and SGN, have effect. Interpretation 92 In this Part of this Schedule— “ alternative apparatus ” means appropriate alternative apparatus to the satisfaction of SGN to enable SGN to fulfil its statutory functions in a manner no less efficient than previously; “ apparatus ” means any gas mains, pipes, pressure governors, ventilators, cathodic protections, cables or other apparatus belonging to or maintained by SGN for the purposes of gas distribution together with any replacement apparatus and such other apparatus constructed pursuant to the Order that becomes operational apparatus of SGN for the purposes of transmission, distribution and/or supply and includes any structure in which apparatus is or will be lodged or which gives or will give access to apparatus; “ authorised works ” has the same meaning as is given to the term “authorised development” in article 2 (interpretation) of this Order and includes any associated development authorised by the Order and for the purposes of this Part of this Schedule includes the use and maintenance of the authorised works and construction of any works authorised by this Schedule; “ commence ” has the same meaning as in article 2 (interpretation) and commencement is to be construed to have the same meaning save that for the purposes of this Part of the Schedule the terms “ commence ” and “ commencement ” include the permitted preliminary works; “ deed of consent ” means a deed of consent, crossing agreement, deed of variation or new deed of grant agreed between the parties acting reasonably in order to vary and/or replace existing easements, agreements, enactments and other such interests so as to secure land rights and interests as are necessary to carry out, maintain, operate and use the apparatus in a manner consistent with the terms of this Part of this Schedule; “ functions ” includes powers and duties; “ ground mitigation scheme ” means a scheme approved by SGN (such approval not to be unreasonably withheld or delayed) setting out the necessary measures (if any) for a ground subsidence event; “ ground monitoring scheme ” means a scheme for monitoring ground subsidence which sets out the apparatus which is to be subject to such monitoring, the extent of land to be monitored, the manner in which ground levels are to be monitored, the timescales of any monitoring activities and the extent of ground subsidence which, if exceeded, requires the undertaker to submit for SGN’s approval a ground mitigation scheme; “ ground subsidence event ” means any ground subsidence identified by the monitoring activities set out in the ground monitoring scheme that has exceeded the level described in the ground monitoring scheme as requiring a ground mitigation scheme; “in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over, across, along or upon such land; “maintain” and “maintenance” shall include the ability and right to do any of the following in relation to any apparatus or alternative apparatus of SGN including retain, lay, construct, inspect, maintain, protect, use, access, enlarge, replace, renew, remove, decommission or render unusable or remove the apparatus; “plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe and assess the works to be executed; “ parent company ” means a parent company of the undertaker acceptable to SGN and which shall have been approved by SGN acting reasonably; “ rights ” includes rights and restrictive covenants, and in relation to decommissioned apparatus the surrender of rights, release of liabilities and transfer of decommissioned apparatus; “ SGN ” means Southern Gas Networks plc or its successors in title or successor bodies and/or any successor as a gas transporter within the meaning of Part 1 (gas supply) of the Gas Act 1986. “ specified works ” means any of the authorised works or activities undertaken in association with the authorised works which— will or may be situated over, or within 15 metres measured in any direction of any apparatus the removal of which has not been required by the undertaker under sub-paragraph 97(2) or otherwise; and/or may in any way adversely affect any apparatus the removal of which has not been required by the undertaker under sub-paragraph 97(2) or otherwise; “ undertaker ” means the undertaker as defined in article 2 (interpretation) of this Order. On Street Apparatus 93 1 Except for paragraphs 94 (apparatus of SGN in stopped up streets), 97 (removal of apparatus) in so far as sub-paragraph 94(2) applies, 98 (facilities and rights for alternative apparatus) in so far as sub-paragraph (2) below applies, 99 (retained apparatus: protection of SGN), 100 (expenses) and 101 (indemnity) of this Part of this Schedule which will apply in respect of the exercise of all or any powers under the Order affecting the rights and apparatus of SGN, the other provisions of this Schedule do not apply to apparatus in respect of which the relations between the undertaker and SGN are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act. 2 Paragraphs 97 and 98 of this Part of this Schedule apply to diversions even where carried out under the 1991 Act, in circumstances where any apparatus is diverted from an alignment within the existing adopted public highway but not wholly replaced within existing adopted public highway. Apparatus of SGN in stopped up streets 94 1 Without prejudice to the generality of any other protection afforded to SGN elsewhere in the Order, where any street is stopped up under article 15 (permanent stopping up of specified street and private means of access) if SGN has any apparatus in the street or accessed via that street SGN will be entitled to the same rights in respect of such apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to SGN, or will procure the granting to SGN of, legal easements reasonably satisfactory to SGN in respect of such apparatus and access to it prior to the stopping up of any such street or highway, but nothing in this paragraph affects any right of the undertaker or of SGN to require the removal of that apparatus under paragraph 97. 2 Notwithstanding the temporary stopping up or diversion of any highway under the powers of article 16 (temporary prohibition or restriction of use of streets, private means of access and public rights of way and authorising vehicular use on public rights of way), SGN will be at liberty at all times to take all necessary access across any such stopped up highway and/or 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 it to maintain any apparatus which at the time of the stopping up or diversion was in that highway. Protective works to buildings 95 1 The undertaker, in the case of the powers conferred by article 23 (protective works to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus without the written consent of SGN 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 SGN or any interruption in the supply of gas by SGN, as the case may be, is caused, the undertaker must bear and pay on demand the cost reasonably incurred by SGN in making good such damage or restoring the supply; and, subject to sub-paragraph (2) , shall— a pay compensation to SGN for any loss sustained by it; and b indemnify SGN against all claims, demands, proceedings, costs, damages and expenses which may be made or taken against or recovered from or incurred by SGN, by reason of any such damage or interruption. 2 Nothing in this paragraph imposes any liability on the undertaker with respect to any damage or interruption to the extent that such damage or interruption is attributable to the act, neglect or default of SGN or its contractors or workmen; and SGN will give to the undertaker reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made by SGN, save in respect of any payment required under a statutory compensation scheme, without first consulting the undertaker and giving the undertaker an opportunity to make representations as to the claim or demand. Acquisition of land 96 1 Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference to the Order, the undertaker may not appropriate or acquire any land interest or appropriate, acquire, extinguish, interfere with or override any easement, other interest or right and/or apparatus of SGN otherwise than by agreement. 2 The undertaker and SGN agree that where there is any inconsistency or duplication between the provisions set out in this Part of this Schedule relating to the relocation and/or removal of apparatus/including but not limited to the payment of costs and expenses relating to such relocation and/or removal of apparatus and the provisions of any existing easement, rights, agreements and licences granted, used, enjoyed or exercised by SGN and/or other enactments relied upon by SGN as of right or other use in relation to the apparatus, then the provisions in this Part of this Schedule prevail. 3 Any agreement or consent granted by SGN under paragraph 99 or any other paragraph of this Part of this Schedule, is not to be taken to constitute agreement under sub-paragraph (1) . 4 As a condition of an agreement between the parties in sub-paragraph (1) that involves decommissioned apparatus being left in situ the undertaker must accept a surrender of any existing easement and/or other interest of SGN in such decommissioned apparatus and consequently acquire title to such decommissioned apparatus and release SGN from all liabilities in respect of such decommissioned apparatus from the date of such surrender. 5 Where an undertaker acquires land which is subject to any SGN right or interest (including, without limitation, easements and agreements relating to rights or other interests) and the provisions of paragraph 97 do not apply, the undertaker must— a retain any notice of SGN’s easement, right or other interest on the title to the relevant land when registering the undertaker’s title to such acquired land; and b (where no such notice of SGN’s easement, right or other interest exists in relation to such acquired land or any such notice is registered only on the Land Charges Register) include (with its application to register title to the undertaker’s interest in such acquired land at the Land Registry) a notice of SGN’s easement, right or other interest in relation to such acquired land; and c provide up to date official entry copies to SGN within 20 business days of receipt of such up to date official entry copies. Removal of apparatus 97 1 If, in the exercise of the agreement reached in accordance with paragraph 91 or in any other authorised manner, the undertaker acquires any interest in any land in which any apparatus is placed, that apparatus must not be decommissioned or removed under this Part of this Schedule and any right of SGN to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed, is in operation to the reasonable satisfaction of SGN and in accordance with sub-paragraphs (2) to (5) inclusive. 2 If, for the purpose of executing any works in, on, under or over any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to SGN advance written notice of that 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 and in that case (or if in consequence of the exercise of any of the powers conferred by this Order SGN reasonably needs to move or remove any of its apparatus) the undertaker must afford to SGN to its satisfaction (taking into account sub-paragraph 98(1) below) the necessary facilities and rights— a for the construction of alternative apparatus (including appropriate working areas required to reasonably and safely undertake necessary works by SGN in respect of the apparatus); b subsequently for the maintenance of that apparatus (including appropriate working areas required to reasonably and safely undertake necessary works by SGN in respect of the apparatus); and c to allow access to that apparatus (including appropriate working areas required to reasonably and safely undertake necessary works by SGN in respect of the apparatus). 3 If the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) , in the land in which the alternative apparatus or part of such apparatus is to be constructed, SGN may, on receipt of a written notice to that effect from the undertaker, take such steps as are reasonable in the circumstances in an endeavour to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation does not extend to the requirement for SGN to use its compulsory purchase powers to this end unless it (in its absolute discretion) elects to so do. 4 Any alternative apparatus to be constructed in land of or land secured by the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between SGN and the undertaker. 5 SGN must, after the alternative apparatus to be provided or constructed has been agreed, and subject to the prior grant to SGN of such facilities and rights as are referred to in sub-paragraph (2) or (3) have been afforded to SGN to its satisfaction, then proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to decommission or remove any apparatus required by the undertaker to be decommissioned or removed under the provisions of this Part of this Schedule. Facilities and rights for alternative apparatus 98 1 Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to or secures for SGN facilities and rights in land for the access to, construction and maintenance of alternative apparatus in substitution for apparatus to be decommissioned or removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and SGN and must be no less favourable on the whole to SGN than the facilities and rights enjoyed by it in respect of the apparatus to be decommissioned or removed unless otherwise agreed by SGN. 2 If the facilities and rights to be afforded by the undertaker and agreed with SGN under sub-paragraph (1) above in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to SGN than the facilities and rights enjoyed by it in respect of the apparatus to be decommissioned or removed then the terms and conditions to which those facilities and rights are subject in the matter are referred to arbitration in accordance with paragraph 105 of this Part of this Schedule and the arbitrator must make such provision for the payment of compensation by the undertaker to SGN as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case. Retained apparatus: protection of SGN 99 1 Not less than 56 days before the commencement of any specified works, the undertaker must where reasonably required by SGN submit to SGN a plan and, a ground monitoring scheme in respect of those works. 2 In relation to works which will or may be situated on, over, under or within (a) ten metres measured in any direction of any apparatus, or (b) involve embankment works within ten metres of any apparatus, the plan to be submitted where reasonably required to SGN under sub-paragraph (1) must include a method statement and describe— a the exact position of the works; b the level at which these are proposed to be constructed or renewed; c the manner of their construction or renewal including details of excavation, positioning of plant etc.; d the position of all apparatus; e by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus; and f any intended maintenance regimes. 3 The undertaker must not commence any works to which sub-paragraphs (1) and (2) apply until SGN has given written approval of the plan so submitted. 4 Any approval of SGN required under sub-paragraph (3) — a may be given subject to reasonable conditions for any purpose mentioned in sub-paragraph (5) or (7) ; and b must not be unreasonably withheld or delayed. 5 In relation to any work to which sub-paragraphs (1) and/or (2) apply, SGN may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing apparatus against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus. 6 Works to which this paragraph applies must only be executed in accordance with the plan, submitted under sub-paragraphs (1) and (2) or as relevant sub-paragraph (4) , as approved or as amended from time to time by agreement between the undertaker and SGN and in accordance with all conditions imposed under sub-paragraph (4)(a) , and SGN will be entitled to watch and inspect the execution of those works. 7 Where SGN requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to SGN’s satisfaction prior to the commencement of any authorised works (or any relevant part thereof) for which protective works are required and SGN must give 45 days’ notice of such works from the date of submission of a plan pursuant to this paragraph (except in an emergency). 8 If SGN, in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 91 to 93 and 96 to 98 apply as if the removal of the apparatus had been required by the undertaker under paragraph 97(2). 9 Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of the authorised works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph will apply to and in respect of the new plan. 10 The undertaker is not required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act, but in that case it must give to SGN notice as soon as is reasonably practicable and a plan of those works and must comply with— a the conditions imposed under sub-paragraph (4)(a) insofar as is reasonably practicable in the circumstances; and b sub-paragraph (11) at all times. 11 As soon as reasonably practicable after any ground subsidence event which is known to or may have affected apparatus attributable to the authorised development the undertaker must implement an appropriate ground mitigation scheme save that SGN retains the right to carry out any further necessary protective works for the safeguarding of its apparatus and can recover any such costs in line with paragraph 100. Expenses 100 1 Subject to the following provisions of this paragraph, the undertaker must pay to SGN on demand all charges, costs and expenses reasonably anticipated or incurred by SGN in, or in connection with, the inspection, removal, relaying or replacing, alteration or protection of any apparatus or rights or the construction of any new or alternative apparatus which may be required in consequence of the execution of any authorised works as are referred to in this Part of this Schedule including without limitation— a any costs reasonably incurred by or compensation properly paid by SGN in connection with the negotiation or acquisition of rights or the exercise of statutory powers for such apparatus including without limitation all costs (including professional fees) incurred by SGN as a consequence of SGN— i using its own compulsory purchase powers to acquire any necessary rights under paragraph 97(3) if it elects to do so; and/or ii exercising any compulsory purchase powers in the Order transferred to or benefitting SGN; b in connection with the cost of the carrying out of any diversion work or the provision of any alternative apparatus; c the cutting off of any apparatus from any other apparatus or the making safe of redundant apparatus; d the approval of plans; e the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works; f the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Part of this Schedule; g any watching brief pursuant to paragraph 99(6). 2 There is to be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule and which is not re-used as part of the alternative apparatus, that value being calculated after removal. 3 If in accordance with the provisions of this Part of this Schedule— a apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or b apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated, and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 49 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to SGN by virtue of sub-paragraph (1) will be reduced by the amount of that excess save where it is not possible or appropriate in the circumstances (including due to statutory or regulatory changes) to obtain the existing type of apparatus at the same capacity and dimensions or place at the existing depth in which case full costs will be borne by the undertaker. 4 For the purposes of sub-paragraph (3) — a an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and b where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole must be treated as if it also had been agreed or had been so determined. Indemnity 101 1 Subject to sub-paragraphs (2) and (3) , if by reason or in consequence of the construction of any such works authorised by this Part of this Schedule (including without limitation relocation, diversion, decommissioning, construction and maintenance of apparatus or alternative apparatus) or in consequence of the construction, use, maintenance or failure of any of the authorised works by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by the undertaker) in the course of carrying out such works, including without limitation works carried out by the undertaker under this Part of this Schedule or any subsidence resulting from any of these works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the authorised works) or property of SGN, or there is any interruption in any service provided, or in the supply of any goods, by SGN, or SGN becomes liable to pay any amount to any third party, the undertaker must— a bear and pay on demand the cost reasonably incurred by SGN in making good such damage or restoring the supply; and b indemnify SGN for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from SGN, by reason or in consequence of any such damage or interruption or SGN becoming liable to any third party as aforesaid other than arising from any default of SGN. 2 The fact that any act or thing may have been done by SGN on behalf of the undertaker or in accordance with a plan approved by SGN or in accordance with any requirement of SGN or under its supervision including under any watching brief will not (unless sub-paragraph (3) applies) excuse the undertaker from liability under the provisions of this sub-paragraph (1) unless SGN fails to carry out and execute the works properly with due care and attention and in a skilful and workman like manner or in a manner that does not accord with the approved plan or as otherwise agreed between the undertaker and SGN. 3 Nothing in sub-paragraph (1) imposes any liability on the undertaker in respect of— a any damage or interruption to the extent that it is attributable to the neglect or default of SGN, its officers, servants, contractors or agents; and b any authorised works and/or any other works authorised by this Part of this Schedule carried out by SGN as an assignee, transferee or lessee of the undertaker with the benefit of the Order pursuant to section 156 (benefit of order granting development consent) of the Planning Act 2008 or article 10 (consent to transfer benefit of the Order) subject to the proviso that once such works become apparatus (“new apparatus”), any authorised works yet to be executed and not falling within this sub-paragraph will be subject to the full terms of this Part of this Schedule including this paragraph. 4 SGN must give the undertaker reasonable notice of any such third party claim or demand and no settlement or compromise must, unless payment is required in connection with a statutory compensation scheme, be made without first consulting the undertaker and considering their representations. 5 SGN must use its reasonable endeavours to mitigate in whole or in part and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph applies. If requested to do so by the undertaker, SGN must provide an explanation of how the claim has been minimised. The undertaker shall only be liable under this paragraph 101 for claims reasonably incurred by SGN. Enactments and agreements 102 Save to the extent provided for to the contrary elsewhere in this Part of this Schedule or by agreement in writing between SGN and the undertaker, nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and SGN in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made. Co-operation 103 1 Where in consequence of the proposed construction of any of the authorised works, the undertaker or SGN requires the removal of apparatus under paragraph 97(2) or SGN makes requirements for the protection or alteration of apparatus under paragraph 99, the undertaker must use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of SGN’s undertaking and SGN must use its best endeavours to co-operate with the undertaker for that purpose. 2 For the avoidance of doubt whenever SGN’s consent, agreement or approval is required in relation to plans, documents or other information submitted by SGN or the taking of action by SGN, it must not be unreasonably withheld or delayed. Access 104 If in consequence of the agreement reached in accordance with paragraph 96(1) or the powers granted under this Order the access to any apparatus (including appropriate working areas required to reasonably and safely undertake necessary works by SGN in respect of the apparatus) is materially obstructed, the undertaker must provide such alternative rights and means of access to such apparatus as will enable SGN to maintain or use the apparatus no less effectively than was possible before such obstruction. Arbitration 105 Save for differences or disputes arising under paragraphs 97(2), 97(4), 98(1) and 99, any difference or dispute arising between the undertaker and SGN under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and SGN, be determined by arbitration in accordance with article 49 (arbitration). Notices 106 The plans submitted to SGN by the undertaker pursuant to paragraph 99(1) must be sent to SGN at 1 Forbury Place, 43 Forbury Road, Reading, Berkshire RG1 3JH or such other address as SGN may from time to time appoint instead for that purpose and notify to the undertaker. PART 8 FOR THE PROTECTION OF REPL 107 For the protection of REPL as referred to in this Part of this Schedule the following provisions have effect unless otherwise agreed in writing between the undertaker and REPL. 108 In this Part of this Schedule— “ alternative apparatus ” means alternative apparatus adequate to enable REPL to fulfil its functions in a manner no less efficient than previously; “ apparatus ” means any electric cables, electrical plant, drains, mains, sewers, pipes, conduits or any other apparatus belonging to or maintained by REPL and used for, or for purposes connected with, waste treatment and disposal and the generation, transmission, distribution or supply of electricity and/or heat generated at the REPL facility and includes any structure in which apparatus is or will be lodged or which gives or will give access to apparatus; “ authorised development ” has the same meaning as in article 2 (interpretation) of this Order; “ functions ” includes powers and duties; “in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over, across, along or upon such land; “ internal street ” means any roads that service the REPL facility and which are located within the REPL facility perimeter; “plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe and assess the works to be executed; “ REPL facility ” means the energy from waste facility and associated infrastructure known as Riverside 2 at Norman Road, Belvedere, Bexley, Kent; “ REPL facility perimeter ” means that part of the Order land identified as plots 1-048, 1-049, 1-051, 1-054, 1-055, 1-059, 1-060, 1-061, 1-064, 1-065, 1-066, 1-068, 1-070, 1-071, 1-075, 1-081, 1-082, 1-085, 1-088 and 1-115 on the land plans; and “ REPL land ” means that part of the Order land in the freehold ownership of REPL which, as at the date upon which this Order comes into force pursuant to article 1 (citation and commencement), are those plots identified as being in the freehold ownership of REPL in the book of reference. 109 Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus within the REPL land otherwise than by agreement. 110 The undertaker must ensure that REPL is at liberty at all times to, except in the case of where to do so would, in the undertaker’s discretion, lead to adverse safety impacts— a take all necessary access across any street used to access the REPL facility (including any internal street), including in cases where that street has been temporarily stopped up under article 16 (temporary prohibition or restriction of use of streets, private means of access and public rights of way and authorising vehicular use on public rights of way) or is subject to any traffic regulation measure pursuant to article 20 (traffic regulation measures); and b execute and do all such works and things in, upon or under any such street (including any internal street) used to access the REPL facility, including in cases where that street has been temporarily stopped up under article 16 (temporary prohibition or restriction of use of streets, private means of access and public rights of way and authorising vehicular use on public rights of way), or is subject any traffic regulation measure pursuant to article 20 (traffic regulation measures), as may be reasonably necessary or desirable to enable it to maintain any apparatus which is in that street (including any internal street) used to access the REPL facility. 111 1 If, in the exercise of the powers conferred by this Order, the undertaker— a acquires any interest in the REPL land in which any apparatus is placed or over which access to any apparatus is enjoyed; or b requires that REPL’s apparatus within the REPL land is relocated, diverted or removed, any right of REPL to any part of the REPL land and/or to maintain that apparatus in that land and to gain access to it must not be extinguished, and that apparatus must not be relocated, diverted or removed, until equivalent rights have been granted to REPL for alternative apparatus and equivalent alternative apparatus has vested in REPL and (in relation to apparatus) has been constructed and is in operation, and access to it has been provided. The location of equivalent alternative apparatus and rights for the equivalent alternative apparatus must in each case be agreed between the undertaker and REPL before any step is taken to extinguish, relocate, divert or remove as aforesaid. 2 If, for the purpose of executing any works in, on or under the REPL land, the undertaker requires the relocation, diversion or removal of any apparatus placed in the REPL land, the undertaker must give to REPL for approval written notice of that requirement, a plan and section of the work proposed and of the proposed position of the alternative apparatus together with a timetable for when the alternative apparatus is to be provided or constructed by the undertaker. 3 The approval of REPL under sub-paragraph (2) must not be unreasonably withheld or delayed and if by the end of the period of 28 days beginning with the date on which the notice, plan, section and timetable have been supplied to REPL, REPL has not intimated approval or disapproval of such notice, plan, section and timetable and the grounds of disapproval, REPL is deemed to have approved the said notice, plan, section and timetable as submitted. 4 When giving its approval under sub-paragraph (2) , REPL may specify such reasonable requirements that are necessary in the provision or construction of the alternative apparatus. 5 In the event that REPL issues a disapproval to the notice, plan, section and timetable within the 28 day period referred to in sub-paragraph (3) , the undertaker may refer the matter to arbitration in accordance with article 49 (arbitration). 6 Subject to sub-paragraph (8) , any alternative apparatus to be provided or constructed pursuant to this paragraph must be provided or constructed by the undertaker within a timescale, to a standard and in such manner and in such line or situation as is agreed with REPL or in default of agreement settled by arbitration in accordance with article 49 (arbitration). 7 Where the alternative apparatus is to be provided or constructed on land of the undertaker and once the undertaker has provided or constructed the alternative apparatus, the undertaker must grant REPL the necessary rights to access and maintain the alternative apparatus on that land. 8 If in the approval to the notice, plan, section and timetable under sub-paragraph (2) or by the end of the period of 28 days beginning with the date on which the arbitrator settles the alternative apparatus to be provided or constructed, REPL gives notice to the undertaker that it desires to provide or construct the alternative apparatus and this is agreed to by the undertaker, (acting reasonably) REPL, after the grant to REPL of the rights as are referred to in sub-paragraph (9) , must proceed without unnecessary delay to provide and construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule. 9 Where REPL is to provide or construct the alternative apparatus, and the alternative apparatus is to be provided or constructed on land of the undertaker, the undertaker must grant REPL the necessary rights to provide or construct the alternative apparatus on that land and grant REPL the necessary rights to access and maintain the alternative apparatus on that land. 112 1 Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to REPL rights in land of the undertaker for the construction and maintenance of alternative apparatus in substitution for apparatus to be removed, those rights must be granted upon such terms and conditions as may be agreed between the undertaker and REPL or in default of agreement settled by arbitration in accordance with article 49 (arbitration). 2 If the rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those rights are to be granted, are in the opinion of the arbitrator materially less favourable on the whole to REPL than the rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to REPL as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case. 113 1 Not less than 28 days before starting the execution of any works in, on or under the REPL land that may materially affect the operation of the REPL facility, the undertaker must submit to REPL for approval a plan, section and description of the works to be executed and a timetable for when such works are to be carried out. 2 The approval of REPL under sub-paragraph (1) must not be unreasonably withheld or delayed and if by the end of the period of 28 days beginning with the date on which the plan, section, description and timetable have been supplied to REPL, REPL has not intimated disapproval of such plan, section, description and timetable and the grounds of disapproval, REPL is deemed to have approved the said plan, section description and timetable as submitted. 3 When giving its approval under sub-paragraph (1) , REPL may specify such reasonable requirements which in REPL’s opinion are necessary in the execution of the works. 4 The works described in sub-paragraph (1) must be executed only in accordance with the plan, section, description and timetable submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be given in accordance with sub-paragraph (3) by REPL. Where REPL reasonably requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to REPL’s reasonable satisfaction prior to the works described in sub-paragraph (1) . 5 In the event that REPL issues a disapproval to the plan, section, description and timetable within the 28 day period referred to in sub-paragraph (1) , the undertaker may refer the matter to arbitration in accordance with article 49 (arbitration). 6 Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan, section and description. 7 The undertaker is not required to comply with sub-paragraph (1) in a case of emergency works (as defined in the 1991 Act) but in that case it must give to REPL notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraphs (3) and (4) in so far as is reasonably practicable in the circumstances. 114 1 Subject to the following provisions of this paragraph, the undertaker must repay to REPL the reasonable expenses incurred by REPL in, or in connection with, the inspection, removal, alteration or protection of any apparatus within the REPL land or the provision or construction of any alternative apparatus which REPL elects to carry out itself as referred to in paragraph 111(8). 2 There is to be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule, that value being calculated after removal. 3 If in accordance with the provisions of this Part of this Schedule— a apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or b apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated, and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 49 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to REPL by virtue of sub-paragraph (1) will be reduced by the amount of that excess. 4 For the purposes of sub-paragraph (3) — a an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus where such extension is required in consequence of the execution of any such works as are referred to in paragraph 111(2); and b where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined. c an amount which apart from this sub-paragraph would be payable to REPL in respect of works by virtue of sub-paragraph (1) if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on REPL any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit. 115 Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and REPL in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made. 116 Where in consequence of the proposed construction or maintenance of any part of the authorised development, the undertaker or REPL requires the removal of apparatus or REPL makes requirements for the protection or alteration of apparatus, the undertaker shall use its reasonable endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution and maintenance of the authorised development and taking into account the need to ensure the safe and efficient operation of REPL’s undertaking and REPL shall use its reasonable endeavours to co-operate with the undertaker for that purpose. 117 If in consequence of any agreement reached or the powers granted under this Order the access to any apparatus is materially obstructed, the undertaker must provide such alternative means of access to such apparatus as will enable REPL to maintain or use the apparatus no less effectively than was possible before such obstruction. 118 1 Subject to sub-paragraphs (2) and (3) , if by reason or in consequence of the construction of any such works authorised by this Part of this Schedule or in consequence of the construction, use, maintenance or failure of any part of the authorised development by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by the undertaker) in the course of carrying out such works, use or maintenance, including without limitation works carried out by the undertaker under this Part of this Schedule or any subsidence resulting from any of these works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the authorised development) or property of REPL, or there is any interruption in any service provided, or in the supply of any goods, by REPL, or REPL becomes liable to pay any amount to any third party, the undertaker will— a bear and pay on demand the cost reasonably incurred by REPL in making good such damage or restoring the supply; and b indemnify REPL for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from REPL, by reason or in consequence of any such damage or interruption or REPL becoming liable to any third party as aforesaid other than arising from any default of REPL. 2 The fact that any act or thing may have been done by REPL on behalf of the undertaker or in accordance with a plan approved by REPL or in accordance with any requirement of REPL or under its supervision will not (unless sub-paragraph (3) applies), excuse the undertaker from liability under the provisions of this sub-paragraph (1) unless REPL fails to carry out and execute the works properly with due care and attention and in a skilful and workman like manner or in a manner that does not accord with the approved plan or as otherwise agreed between the undertaker and REPL. 3 Nothing in sub-paragraph (1) shall impose any liability on the undertaker in respect of– a any damage or interruption to the extent that it is attributable to the neglect or default of REPL, its officers, servants, contractors or agents; and b any part of the authorised development and/or any other works authorised by this Part of this Schedule carried out by REPL, whether pursuant to article 9 (benefit of this Order) or as an assignee, transferee or lessee of a person with the benefit of the Order pursuant to section 156 (benefit of order granting development consent) of the Planning Act 2008 or article 10 (consent to transfer benefit of the Order) subject to the proviso that once such works become apparatus, any part of the authorised development yet to be executed and not falling within this sub-paragraph will be subject to the full terms of this Part of this Schedule including this paragraph. 4 REPL must give the undertaker reasonable notice of any such third party claim or demand and no settlement or compromise must, unless payment is required in connection with a statutory compensation scheme, be made without first consulting the undertaker and considering their representations. 5 REPL must use its reasonable endeavours to mitigate in whole or in part and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph applies. If requested to do so by the undertaker, REPL shall provide an explanation of how the claim has been minimised. The undertaker shall only be liable under this paragraph for claims reasonably incurred by REPL. PART 9 FOR THE PROTECTION OF EACH RRRL ENTITY 119 For the protection of each RRRL Entity as referred to in this Part of this Schedule the following provisions have effect unless otherwise agreed in writing between the undertaker and the applicable RRRL Entity. 120 In this Part of this Schedule— “ alternative apparatus ” means alternative apparatus adequate to enable each RRRL Entity to fulfil its functions in a manner no less efficient than previously; “ apparatus ” means any electric cables, electrical plant, drains, mains, sewers, pipes, conduits or any other apparatus belonging to or maintained by any RRRL Entity and used for, or for purposes connected with, waste treatment and disposal and the generation, transmission, distribution or supply of electricity and/or heat generated at the RRRL facility and includes any structure in which apparatus is or will be lodged or which gives or will give access to apparatus; “ authorised development ” has the same meaning as in article 2 (interpretation) of this Order; “ functions ” includes powers and duties; “in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over, across, along or upon such land; “ internal street ” means any roads that service the RRRL facility and which are located within the RRRL facility perimeter; “plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe and assess the works to be executed; “ RRRL facility ” means the energy from waste facility and associated infrastructure known operated at the date of this Order by RRRL at Norman Road, Belvedere, Bexley, Kent; “ RRRL facility perimeter ” means that part of the Order land identified as plots 1-008, 1-009, 1-019, 1-032, 1-034, 1-035, 1-037, 1-039, 1-040, 1-043, 1-045, 1-048, 1-049, 1-051, 1-052, 1-054, 1-055, 1-056, 1-058, 1-059, 1-060, 1-061, 1-062, 1-063, 1-064, 1-065, 1-066, 1-067, 1-069, 1-071, 1-073, 1-074, 1-075, 1-076, 1-077, 1-078, 1-079, 1-080, 1-084, 1-086, 1-087, 1-091, 1-096, 1-105, 1-109 and 1-112 on the land plans; and “ RRRL land ” means that part of the Order land in the freehold ownership of RRRL which, as at the date upon which this Order comes into force pursuant to article 1 (citation and commencement), are those plots identified as being in the freehold ownership of RRRL in the book of reference. 121 Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus within the RRRL land otherwise than by agreement. 122 The undertaker must ensure that each RRRL Entity is at liberty at all times to, except in the case of where to do so would, in the undertaker’s discretion, lead to adverse safety impacts— a take all necessary access across any street used to access the RRRL facility (including any internal street), including in cases where that street has been temporarily stopped up under article 16 (temporary prohibition or restriction of use of streets, private means of access and public rights of way and authorising vehicular use on public rights of way) or is subject any traffic regulation measure pursuant to article 20 (traffic regulation measures); and b execute and do all such works and things in, upon or under any such street (including any internal street) used to access the RRRL facility, including in cases where that street has been temporarily stopped up under article 16 (temporary prohibition or restriction of use of streets, private means of access and public rights of way and authorising vehicular use on public rights of way), or is subject any traffic regulation measure pursuant to article 20 , as may be reasonably necessary or desirable to enable it to maintain any apparatus which is in that street (including any internal street) used to access the RRRL facility. 123 1 If, in the exercise of the powers conferred by this Order, the undertaker— a acquires any interest in the RRRL land in which any apparatus is placed or over which access to any apparatus is enjoyed; or b requires that any RRRL Entity’s apparatus within the RRRL land is relocated, diverted or removed, any right of a RRRL Entity to any part of the RRRL land and/or to maintain that apparatus in that land and to gain access to it must not be extinguished, and that apparatus must not be relocated, diverted or removed, until equivalent rights have been granted to each RRRL Entity for alternative apparatus and equivalent alternative apparatus has vested in the applicable RRRL Entity and (in relation to apparatus) has been constructed and is in operation, and access to it has been provided to each RRRL Entity. The location of equivalent alternative apparatus and rights for the equivalent alternative apparatus must in each case be agreed between the undertaker and each RRRL Entity before any step is taken to extinguish, relocate, divert or remove as aforesaid. 2 If, for the purpose of executing any works in, on or under the RRRL land, the undertaker requires the relocation, diversion or removal of any apparatus placed in the RRRL land, the undertaker must give to each RRRL Entity for approval written notice of that requirement, a plan and section of the work proposed and of the proposed position of the alternative apparatus together with a timetable for when the alternative apparatus is to be provided or constructed by the undertaker. 3 The approval of each RRRL Entity under sub-paragraph (2) must not be unreasonably withheld or delayed and if by the end of the period of 28 days beginning with the date on which the notice, plan, section and timetable have been supplied to each RRRL Entity, a RRRL Entity has not intimated approval or disapproval of such notice, plan, section and timetable and the grounds of disapproval, such RRRL Entity is deemed to have approved the said notice, plan, section and timetable as submitted. 4 When giving its approval under sub-paragraph (2) , each RRRL Entity may specify such reasonable requirements that are necessary in the provision or construction of the alternative apparatus. 5 In the event that any RRRL Entity issues a disapproval to the notice, plan, section and timetable within the 28 day period referred to in sub-paragraph (3) , the undertaker may refer the matter to arbitration in accordance with article 49 (arbitration). 6 Subject to sub-paragraph (8) , any alternative apparatus to be provided or constructed pursuant to this paragraph must be provided or constructed by the undertaker within a timescale, to a standard and in such manner and in such line or situation as is agreed with each RRRL Entity or in default of agreement settled by arbitration in accordance with article 49 (arbitration). 7 Where the alternative apparatus is to be provided or constructed on land of the undertaker and once the undertaker has provided or constructed the alternative apparatus, the undertaker must grant each RRRL Entity the necessary rights to access and maintain the alternative apparatus on that land. 8 If in the approval to the notice, plan, section and timetable under sub-paragraph (2) or by the end of the period of 28 days beginning with the date on which the arbitrator settles the alternative apparatus to be provided or constructed, a RRRL Entity gives notice to the undertaker that it desires to provide or construct the alternative apparatus and this is agreed to by the undertaker, (acting reasonably) such RRRL Entity, after the grant to such RRRL Entity of the rights as are referred to in sub-paragraph (9) , must proceed without unnecessary delay to provide and construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule. 9 Where a RRRL Entity is to provide or construct the alternative apparatus, and the alternative apparatus is to be provided or constructed on land of the undertaker, the undertaker must grant such RRRL Entity the necessary rights to provide or construct the alternative apparatus on that land and grant each RRRL Entity the necessary rights to access and maintain the alternative apparatus on that land. 124 1 Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to RRRL rights in land of the undertaker for the construction and maintenance of alternative apparatus in substitution for apparatus to be removed, those rights must be granted upon such terms and conditions as may be agreed between the undertaker and each RRRL Entity or in default of agreement settled by arbitration in accordance with article 49 (arbitration). 2 If the rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those rights are to be granted, are in the opinion of the arbitrator materially less favourable on the whole to a RRRL Entity than the rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to such RRRL Entity as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case. 125 1 Not less than 28 days before starting the execution of any works in, on or under the RRRL land that may materially affect the operation of the RRRL facility, the undertaker must submit to each RRRL Entity for approval a plan, section and description of the works to be executed and a timetable for when such works are to be carried out. 2 The approval of each RRRL Entity under sub-paragraph (1) must not be unreasonably withheld or delayed and if by the end of the period of 28 days beginning with the date on which the plan, section, description and timetable have been supplied to a RRRL Entity, such RRRL Entity has not intimated disapproval of such plan, section, description and timetable and the grounds of disapproval, such RRRL Entity is deemed to have approved the said plan, section description and timetable as submitted. 3 When giving its approval under sub-paragraph (1) , a RRRL Entity may specify such reasonable requirements which in such RRRL Entity’s opinion are necessary in the execution of the works. 4 The works described in sub-paragraph (1) must be executed only in accordance with the plan, section, description and timetable submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be given in accordance with sub-paragraph (3) by the RRRL Entity. Where a RRRL Entity reasonably requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to such RRRL Entity’s reasonable satisfaction prior to the works described in sub-paragraph (1) . 5 In the event that a RRRL Entity issues a disapproval to the plan, section, description and timetable within the 28 day period referred to in sub-paragraph (1) , the undertaker may refer the matter to arbitration in accordance with article 49 (arbitration). 6 Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan, section and description. 7 The undertaker is not required to comply with sub-paragraph (1) in a case of emergency works (as defined in the 1991 Act) but in that case it must give to each RRRL Entity notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraphs (3) and (4) in so far as is reasonably practicable in the circumstances. 126 1 Subject to the following provisions of this paragraph, the undertaker must repay to each RRRL Entity the reasonable expenses incurred by such RRRL Entity in, or in connection with, the inspection, removal, alteration or protection of any apparatus within the RRRL land or the provision or construction of any alternative apparatus which such RRRL Entity elects to carry out itself as referred to in paragraph 123(8). 2 There is to be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule, that value being calculated after removal. 3 If in accordance with the provisions of this Part of this Schedule— a apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or b apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated, and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 49 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to a RRRL Entity by virtue of sub-paragraph (1) will be reduced by the amount of that excess. 4 For the purposes of sub-paragraph (3) — a an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus where such extension is required in consequence of the execution of any such works as are referred to in paragraph 123(2); and b where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined. 5 An amount which apart from this sub-paragraph would be payable to a RRRL Entity in respect of works by virtue of sub-paragraph (1) if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on a RRRL Entity any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit. 127 Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and any RRRL Entity in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made. 128 Where in consequence of the proposed construction or maintenance of any part of the authorised development, the undertaker or any RRRL Entity requires the removal of apparatus or any RRRL Entity makes requirements for the protection or alteration of apparatus, the undertaker shall use its reasonable endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution and maintenance of the authorised development and taking into account the need to ensure the safe and efficient operation of each RRRL Entity’s undertaking and each RRRL Entity shall use its reasonable endeavours to co-operate with the undertaker for that purpose. 129 If in consequence of any agreement reached or the powers granted under this Order the access to any apparatus is materially obstructed, the undertaker must provide such alternative means of access to such apparatus as will enable each RRRL Entity to maintain or use the apparatus no less effectively than was possible before such obstruction. 130 1 Subject to sub-paragraphs (2) and (3) , if by reason or in consequence of the construction of any such works authorised by this Part of this Schedule or in consequence of the construction, use, maintenance or failure of any part of the authorised development by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by the undertaker) in the course of carrying out such works, use or maintenance, including without limitation works carried out by the undertaker under this Part of this Schedule or any subsidence resulting from any of these works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the authorised development) or property of any RRRL Entity, or there is any interruption in any service provided, or in the supply of any goods, by any RRRL Entity, or any RRRL Entity becomes liable to pay any amount to any third party, the undertaker will— a bear and pay on demand the cost reasonably incurred by such RRRL Entity in making good such damage or restoring the supply; and b indemnify such RRRL Entity for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from such RRRL Entity, by reason or in consequence of any such damage or interruption or such RRRL Entity becoming liable to any third party as aforesaid other than arising from any default of such RRRL Entity. 2 The fact that any act or thing may have been done by a RRRL Entity on behalf of the undertaker or in accordance with a plan approved by such RRRL Entity or in accordance with any requirement of such RRRL Entity or under its supervision will not (unless sub-paragraph (3) applies), excuse the undertaker from liability under the provisions of this sub-paragraph (2) unless such RRRL Entity fails to carry out and execute the works properly with due care and attention and in a skilful and workman like manner or in a manner that does not accord with the approved plan or as otherwise agreed between the undertaker and such RRRL Entity. 3 Nothing in sub-paragraph (1) shall impose any liability on the undertaker in respect of— a any damage or interruption to the extent that it is attributable to the neglect or default of such RRRL Entity, its officers, servants, contractors or agents; and b any part of the authorised development and/or any other works authorised by this Part of this Schedule carried out by such RRRL Entity whether pursuant to article 9 (benefit of this Order) or as an assignee, transferee or lessee of a person with the benefit of the Order pursuant to section 156 (benefit of order granting development consent) of the Planning Act 2008 or article 10 (consent to transfer benefit of the Order) subject to the proviso that once such works become apparatus, any part of the authorised development yet to be executed and not falling within this sub-section 130(3)(b) will be subject to the full terms of this Part of this Schedule including this paragraph 130. 4 Each RRRL Entity must give the undertaker reasonable notice of any such third party claim or demand and no settlement or compromise must, unless payment is required in connection with a statutory compensation scheme, be made without first consulting the undertaker and considering their representations. 5 Each RRRL Entity must use its reasonable endeavours to mitigate in whole or in part and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph 130 applies. If requested to do so by the undertaker, the applicable RRRL Entity shall provide an explanation of how the claim has been minimised. The undertaker shall only be liable under this paragraph 130 for claims reasonably incurred by a RRRL Entity. SCHEDULE 13 DOCUMENTS AND PLANS TO BE CERTIFIED Article 46 (1) Document name (2) Document reference (3) Revision number (4) Date access and rights of way plan 2.4 P03 September 2024 book of reference 4.3 Rev H May 2025 design principles and design code 5.7 Rev E March 2025 environmental statement environmental statement 6.1 (excluding chapters 2, 4, 5, 7, 8, 9, 11, 14, 19, 21 and 22) Rev A March 2024 environmental statement 6.1 Chapter 2 Rev B April 2025 environmental statement 6.1 Chapter 4 Rev B April 2025 environmental statement 6.1 Chapter 5 Rev B April 2025 environmental statement 6.1 Chapter 7 Rev B April 2025 environmental statement 6.1 Chapter 8 Rev B April 2025 environmental statement 6.1 Chapter 9 Rev B April 2025 environmental statement 6.1 Chapter 11 Rev B April 2025 environmental statement 6.1 Chapter 14 Rev B April 2025 environmental statement 6.1 Chapter 19 Rev B April 2025 environmental statement 6.1 Chapter 21 Rev B April 2025 environmental statement 6.1 Chapter 22 Rev B April 2025 environmental statement 6.2 (excluding figures 3.3, 7.4, 7.10 and 11.2) Rev A March 2024 environmental statement 6.2 (figure 3.3) Rev B September 2024 environmental statement 6.2 (figure 7.4) Rev B April 2025 environmental statement 6.2 (figure 7.10) Rev B April 2025 environmental statement 6.2 (figure 11.2) Rev B April 2025 environmental statement 6.3 (excluding appendices 2.1, 4.2, 5.2, 5.3, 5.4, 7.8, 7.9, 10.4, 11.1, 11.2, 11.4 and 19.1) Rev A March 2024 environmental statement 6.3 (appendix 2.1) Rev C February 2025 environmental statement 6.3 (appendix 4.2) Rev B April 2025 environmental statement 6.3 (appendix 5.2) Rev B April 2025 environmental statement 6.3 (appendix 5.3) Rev B April 2025 environmental statement 6.3 (appendix 5.4) Rev B April 2025 environmental statement 6.3 (appendix 7.8) Rev B April 2025 environmental statement 6.3 (appendix 7.9) Rev B April 2025 environmental statement 6.3 (appendix 11.1) Rev B April 2025 environmental statement 6.3 (appendix 11.2) Rev B September 2024 environmental statement 6.3 (appendix 11.4) Rev B April 2025 environmental statement 6.3 (appendix 19.1) Rev E April 2025 environmental statement 6.3 (appendix 10.4) Rev B January 2025 extended crossness local nature reserve plan 2.9 P04 January 2025 flood risk assessment 6.3 Appendix 11.2 Rev B September 2024 framework construction traffic management plan 7.7 Rev E March 2025 land plans 2.2 P05 February 2025 mitigation schedule 7.8 Rev B November 2024 outline landscape, biodiversity, access and recreation delivery strategy 7.9 Rev H October 2025 outline code of construction practice 7.4 Rev E March 2025 outline drainage strategy 7.2 Rev C April 2025 outline emergency preparedness and response plan 7.11 Rev C April 2025 outline lighting strategy 7.3 Rev B March 2025 outline site waste management plan 7.10 Rev B April 2025 outline skills and employment plan 9.15 Rev A December 2024 preliminary navigation risk assessment 6.3 Appendix 19.1 Rev E April 2025 traffic regulation measures plan 2.6 P03 September 2024 works plans 2.3 P08 April 2025 SCHEDULE 14 PROCEDURE IN RELATION TO CERTAIN APPROVALS ETC. Article 48 Interpretation 1 In this Schedule— “ the appeal parties ” means the relevant authority, the undertaker and any requirement consultees; “ business day ” means a day other than a Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971 ; “ relevant authority ” means the relevant planning authority, relevant highway authority, relevant traffic authority, relevant street authority, or the owner of a watercourse, sewer or drain as may be appropriate to the consent, agreement or approval sought; and “ requirement consultee ” means any body named in a requirement as a body to be consulted by the relevant planning authority in discharging that requirement. Applications made for consent, agreement or approval 2 1 Subject to article 48(2) (procedures in relation to certain approvals etc.), where an application has been made to the relevant authority for any consent, agreement or approval required or contemplated by any provisions of this Order, including— a consent, agreement or approval in respect of part of a requirement; b any consent, agreement or approval required by any of the documents listed in Schedule 13 (documents and plans to be certified); c documents approved pursuant to a requirement; or d consent sought under section 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974, the relevant authority must give notice to the undertaker of its decision on the application within a period of nine weeks beginning with— i the day immediately following that on which the application is received by the relevant authority; ii the day immediately following that on which further information has been supplied by the undertaker under paragraph 3; or iii such longer period as may be agreed in writing by the undertaker and the relevant authority. 2 Subject to sub-paragraph (4) , in the event that the relevant authority does not determine an application within the period set out in sub-paragraph (1) , the relevant authority is to be taken to have granted all parts of the application (without any condition or qualification) at the end of that period. 3 Where an application is made to the relevant authority for any consent, agreement or approval required by a requirement included in this Order, it must be accompanied by a report which states whether the subject matter of the application will give rise to any materially new or materially different environmental effects to those identified in the environmental statement. 4 Where an application has been made to the relevant authority for any consent, agreement or approval required by a requirement included in this Order, and— a the relevant authority does not determine the application within the period set out in sub-paragraph (1) and such application is accompanied by a report which states that the subject matter of such application is likely to give rise to any materially new or materially different environmental effects to those in the environmental statement; or b the relevant authority determines during the period set out in sub-paragraph (1) that it considers that the subject matter of such application will give rise to any materially new or materially different environmental effects to those in the environmental statement, the application is to be taken to have been refused by the relevant authority at the end of that period. Further information and consultation 3 1 In relation to any application to which this Schedule applies, the relevant authority has the right to request such reasonable further information from the undertaker as is necessary to enable it to consider the application. 2 In the event that the relevant authority considers such further information to be necessary and the provision of the Order governing or requiring the application does not specify that consultation with a requirement consultee is required, the relevant authority must, within ten business days of receipt of the application, notify the undertaker in writing specifying the further information required. 3 If the provision of the Order governing or requiring the application specifies that consultation with a requirement consultee is required, the relevant authority must issue the consultation to the requirement consultee within five business days of receipt of the application, and must notify the undertaker in writing specifying any further information requested by the requirement consultee within five business days of receipt of such a request and in any event within ten business days of receipt of the application. 4 In the event that the relevant authority does not give notification as specified in sub-paragraph (2) or (3) it is to be deemed to have sufficient information to consider the application and is not subsequently entitled to request further information without the prior agreement of the undertaker. Anticipatory steps towards compliance with any requirement 4 If before the coming into force of this Order the undertaker or any other person has taken any steps that were intended to be steps towards compliance with any provision of Schedule 2, those steps may be taken into account for the purpose of determining compliance with that provision if they would have been valid steps for that purpose had they been taken after this Order came into force. Appeals 5 1 The undertaker may appeal in the event that— a the relevant authority refuses (including a deemed refusal pursuant to paragraph 2(4) ) an application for any consent, agreement or approval referred to in paragraph 2 of this Schedule 14 or grants it subject to conditions; b the relevant authority refuses an application for a permit under a permit scheme, or grants such a permit subject to conditions; c the relevant authority issues a notice to the undertaker under section 60 (control of noise on construction sites) of the Control of Pollution Act 1974; d on receipt of a request for further information pursuant to paragraph 3 the undertaker considers that either the whole or part of the specified information requested by the relevant authority is not necessary for consideration of the application; or e on receipt of any further information requested, the relevant authority notifies the undertaker that the information provided is inadequate and requests additional information which the undertaker considers is not necessary for consideration of the application. 2 The appeal process is to be as follows— a any appeal by the undertaker must be made within 42 days of the date of the notice of the decision or determination or request, or (where paragraph 2(4) applies) expiry of the decision period as determined under paragraph 2(1) ; b the undertaker must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the appeal parties; c as soon as is practicable following receipt of the appeal documentation, the Secretary of State is to appoint a person to determine the appeal (“ the appointed person ”) and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for that person’s attention must be sent, the date of such notification being the “ start date ” for the purposes of this sub-paragraph (2) ; d the relevant authority and any requirement consultee must submit written representations to the appointed person in respect of the appeal within ten business days of the start date and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person; e the appeal parties must make any counter-submissions to the appointed person within ten business days of receipt of written representations pursuant to sub-paragraph (d) ; and f the appointed person must decide the appeal and notify the appeal parties of the decision, with reasons, as soon as reasonably practicable and in any event within 30 business days of the deadline for the receipt of counter-submissions pursuant to sub-paragraph (e) . 3 The appointment of the person pursuant to sub-paragraph (2)(c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State. 4 If the appointed person considers that further information is necessary to enable consideration of the appeal the appointed person must, within five business days of his appointment, notify the appeal parties in writing specifying the further information required, the appeal part from whom the information is sought, and the date by which the information is to be submitted. 5 Any further information required pursuant to sub-paragraph (4) is to be provided by the party from whom the information is sought to the appointed person and to the other appeal parties by the date specified by the appointed person (the “specified date”), and the appointed person must notify the appeal parties of the revised timetable for the appeal on or before that day. The revised timetable for the appeal must require submission of written representations to the appointed person within ten business days of the specified date but otherwise is to be in accordance with the process and time limits set out in sub-paragraphs (2)(d) to (2)(f) . 6 On an appeal under this paragraph, the appointed person may— a allow or dismiss the appeal, or b reverse or vary any part of the decision of the relevant authority (whether the appeal relates to that part of it or not), and may deal with the application as if it had been made to the appointed person in the first instance. 7 The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the prescribed time limits, or set by the appointed person, under this paragraph. 8 The appointed person may proceed to a decision even though no written representations have been made within the prescribed time limits, if it appears to him that there is sufficient material to enable a decision to be made on the merits of the case. 9 The decision of the appointed person on an appeal is to be final and binding on the appeal parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review. 10 If an approval is given by the appointed person pursuant to this Schedule, it is deemed to be an approval for the purpose of any consent, agreement or approval required under the Order or for the purpose of Schedule 2 (requirements) as if it had been given by the relevant authority. The relevant authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) is not to be taken to affect or invalidate the effect of the appointed person’s determination. 11 The appointed person may or may not be a member of the Planning Inspectorate but must be a qualified town planner of at least ten years’ experience. 12 Save where a direction is given pursuant to sub-paragraph (13) requiring the costs of the appointed person to be paid by the relevant authority, the reasonable costs of the appointed person must be met by the undertaker. 13 On application by the relevant authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to Planning Practice Guidance: Appeals (March 2014), published by the Ministry of Housing, Communities & Local Government, or any circular or guidance which may from time to time replace it. Application to protective provisions 6 Nothing in this Schedule applies to any consent, agreement or approval required or contemplated by Schedule 12 (protective provisions) or article 23(6) (protective works to buildings). SCHEDULE 15 ARBITRATION RULES Article 49 Commencing an arbitration 1 1 The primary objective of these arbitration rules is to achieve a fair, impartial, final and binding award on the substantive difference between the parties (save as to costs) within four months from the date the arbitrator is appointed pursuant to article 49 of this Order (arbitration). 2 The arbitration is deemed to have commenced when a party (“ the claimant ”) serves a written notice of arbitration on the other party (“ the respondent ”). Time periods 2 1 All time periods in these arbitration rules are measured in days and include weekends, but not bank or public holidays. 2 Time periods are calculated from the day after the arbitrator is appointed which is either— a the date the arbitrator notifies the parties in writing of his/her acceptance of an appointment by agreement of the parties; or b the date the arbitrator is appointed by the Secretary of State. Timetable 3 1 The timetable for the arbitration is that which is set out in sub-paragraphs (2) to (4) below unless amended in accordance with paragraph 5(3) . 2 Within 14 days of the arbitrator being appointed, the claimant must provide both the respondent and the arbitrator with— a a written statement of claim which describes the nature of the difference between the parties, the legal and factual issues, the claimant’s contentions as to those issues, the amount of its claim or the remedy it is seeking; b all statements of evidence and copies of all documents on which it relies, including contractual documentation, correspondence (including electronic documents), legal precedents and expert witness reports. 3 Within 14 days of receipt of the claimant’s statements under sub-paragraph (2) by the arbitrator and respondent, the respondent must provide the claimant and the arbitrator with— a a written statement of defence consisting of a response to the claimant’s statement of claim, its statement in respect of the nature of the difference, the legal and factual issues in the claimant’s claim, its acceptance of any elements of the claimant’s claim and its contentions as to those elements of the claimant’s claim it does not accept; b all statements of evidence and copies of all documents on which it relies, including contractual documentation, correspondence (including electronic documents), legal precedents and expert witness reports; c any objection it wishes to make to the claimant’s statements, comments on the claimant’s expert reports (if submitted by the claimant) and explanations of the objections. 4 Within seven days of the respondent serving its statements under sub-paragraph (3) , the claimant may make a statement of reply by providing both the respondent and the arbitrator with— a a written statement responding to the respondent’s submissions, including its reply in respect of the nature of the difference, the issues (both factual and legal) and its contentions in relation to the issues; b all statements of evidence and copies of documents in response to the respondent’s submissions; c any expert report in response to the respondent’s submissions; d any objections to the statements of evidence, expert reports or other documents submitted by the respondent; and e its written submissions in response to the legal and factual issues involved. Procedure 4 1 The parties’ pleadings, witness statements and expert reports (if any) must be concise. A single pleading must not exceed 30 single-sided A4 pages using 10pt Arial font. 2 The arbitrator must make an award on the substantive differences based solely on the written material submitted by the parties unless the arbitrator decides that a hearing is necessary to explain or resolve any matters. 3 Either party may, within two days of delivery of the last submission, request a hearing giving specific reasons why it considers a hearing is required. 4 Within seven days of receiving the last submission, the arbitrator must notify the parties whether a hearing is to be held and the length of that hearing. 5 Within ten days of the arbitrator advising the parties that a hearing is to be held, the date and venue for the hearing are to be fixed by agreement with the parties, save that if there is no agreement the arbitrator must direct a date and venue which the arbitrator considers is fair and reasonable in all the circumstances. The date for the hearing must not be less than 35 days from the date of the arbitrator’s direction confirming the date and venue of the hearing. 6 A decision must be made by the arbitrator on whether there is any need for expert evidence to be submitted orally at the hearing. If oral expert evidence is required by the arbitrator, then any experts attending the hearing may be asked questions by the arbitrator. 7 There is to be no examination or cross-examination of experts, but the arbitrator must invite the parties to ask questions of the experts by way of clarification of any answers given by the experts in response to the arbitrator’s questions. Prior to the hearing in relation to the experts— a at least 28 days before a hearing, the arbitrator must provide a list of issues to be addressed by the experts; b if more than one expert is called, they must jointly confer and produce a joint report or reports within 14 days of the issues being provided; and c the form and content of a joint report must be as directed by the arbitrator and must be provided at least seven days before the hearing. 8 Within 14 days of a hearing or a decision by the arbitrator that no hearing is to be held the parties may by way of exchange provide the arbitrator with a final submission in connection with the matters in dispute and any submissions on costs. The arbitrator must take these submissions into account in the award. 9 The arbitrator may make other directions or rulings as considered appropriate in order to ensure that the parties comply with the timetable and procedures to achieve an award on the substantive difference within four months of the date on which the arbitrator is appointed, unless both parties otherwise agree to an extension to the date for the award. 10 If a party fails to comply with the timetable, procedure or any other direction then the arbitrator may continue in the absence of a party or submission or document, and may make a decision on the information before the arbitrator attaching the appropriate weight to any evidence submitted beyond any timetable or in breach of any procedure or direction. 11 The arbitrator’s award must include reasons. The parties must accept that the extent to which reasons are given must be proportionate to the issues in dispute and the time available to the arbitrator to deliver the award. Arbitrator’s powers 5 1 The arbitrator has all the powers of the Arbitration Act 1996 , save where modified in this Schedule. 2 There must be no discovery or disclosure, except that the arbitrator has the power to order the parties to produce such documents as are reasonably requested by another party no later than the statement of reply, or by the arbitrator, where the documents are manifestly relevant, specifically identified and the burden of production is not excessive. Any application and orders are to be made by way of a Redfern Schedule without any hearing. 3 Any time limits fixed in accordance with this procedure or by the arbitrator may be varied by agreement between the parties, subject to any such variation being acceptable to and approved by the arbitrator. In the absence of agreement, the arbitrator may vary the timescales or procedure— a if the arbitrator is satisfied that a variation of any fixed time limit is reasonably necessary to avoid a breach of the rules of natural justice and then; b only for such a period that is necessary to achieve fairness between the parties. 4 On the date the award is made, the arbitrator will notify the parties that the award is completed, signed and dated, and that it is to be issued to the parties on receipt of cleared funds for the arbitrator’s fees and expenses. Costs 6 1 The costs of the arbitration must include the fees and expenses of the arbitrator, the reasonable fees and expenses of any experts and the reasonable legal and other costs incurred by the parties for the arbitration. 2 Where the difference involves connected or interrelated issues, the arbitrator must consider the relevant costs collectively. 3 The final award must fix the costs of the arbitration and decide which of the parties are to bear them or in what proportion they are to be borne by the parties. 4 The arbitrator must award recoverable costs on the general principle that each party should bear its own costs, having regard to all material circumstances, including such matters as exaggerated claims or defences, the degree of success for different elements of the claims, claims that have incurred substantial costs, the conduct of the parties and the degree of success of a party. Confidentiality 7 1 Hearings in this arbitration are to take place in private. 2 Materials, documents, awards, expert reports and any matters relating to the arbitration are confidential and must not be disclosed to any third party without prior written consent of the other party, save for any application to the courts or where disclosure is required under any legislative or regulatory requirement. SCHEDULE 16 DESIGN PARAMETERS Schedule 2, Paragraph 4 (1) Component/Building/Area (2) Works Area (3) Maximum Number (4) Maximum Height (m) of Component/ Building/ Area (5) Maximum Height (m) (6) Further Parameters Direct Contact Cooler 1A 2 30 33 Above Ordnance Datum - Absorber Column(s) and Stack(s) 1B 2 combined Absorber Columns and Stacks or a maximum of 2 Absorber Columns and 2 Stacks 110 113 Above Ordnance Datum Minimum vertical distance between top of Absorber Column(s) and top of Stack(s) whether combined or separate – 30m Minimum height of the top of Stack(s) – 100m from development platform as built Where there are 2 Stacks: Maximum internal diameter of Stack associated with Riverside 1: 3.1m Maximum internal diameter of Stack associated with Riverside 2: 2.5m Where there is 1 Stack: Maximum internal diameter of Stack: 4.0m Regenerator 1A 2 60 63 Above Ordnance Datum - Compression Plant 1C 2 45 48 Above Ordnance Datum - CO2 Dehydration 1C 2 25 28 Above Ordnance Datum - CO2 Liquefaction 1C 2 30 33 Above Ordnance Datum - CO2 Vents 1C 2 45 48 Above Ordnance Datum - LCO₂ Buffer Storage Area 1D 16 45 48 Above Ordnance Datum - Hybrid or Dry Cooling Tower 1E 2 32 35 Above Ordnance Datum - Water Treatment Plant and Wastewater Treatment Plant 1E 2 20 23 Above Ordnance Datum - Back Pressure Turbine and Generator 1A 2 35 38 Above Ordnance Datum - Insulated heat pipework and flue gas ducting 2A(ii) and 2b(i) - 30 33 Above Ordnance Datum - Loading platform (not including topside infrastructure and equipment) 4C 1 - 11.5 Above Chart Datum Maximum length of 40 metres Maximum width of 50 metres Breasting Dolphins 4B 4 - 11.5 Above Chart Datum - Mooring Dolphins 4B 6 - 11.5 Above Chart Datum Maximum length of 7 metres Maximum width of 7 metres Access Trestle Start Point (not including topside infrastructure and equipment) 4B 1 - 20 Above Ordnance Datum Maximum length of 335 metres Maximum width of 10 metres LCO2 pipelines, piperacks and pipe bridges 5 - 30 33 Above Ordnance Datum - EXPLANATORY NOTE (This note is not part of the Order) This Order authorises Cory Environmental Holdings Limited as notified to the relevant planning authority pursuant to the provisions of this Order (referred to in this Order as the undertaker) to construct, operate, maintain and decommission a carbon capture facility and associated development. A copy of the Order plans and the book of reference mentioned in this Order and certified in accordance with article 46 of this Order (certification of plans etc.) may be inspected free of charge during working hours at London Borough of Bexley, Civic Offices, 2 Watling Street, Bexleyheath, Kent DA6 7AT. 2008 c. 29 . The relevant provisions of the 2008 Act are amended by Chapter 6 of Part 6 of, and Schedule 13 to, the Localism Act 2011 (c. 20) and by sections 22 to 27 of the Growth and Infrastructure Act 2013 (c. 27) . Transitional provisions are contained in S.I. 2013/1124 . S.I. 2010/103 , amended by S.I. 2012/635 . 2008 c. 29 . Section 83 was amended by paragraphs 35(2) and 35(3) of schedule 13(1) and paragraph 1 of section 25(20) to the Localism Act 2011 (c. 20) . S.I. 2017/572 . 2008 c. 29 . Section 127 was amended by sections 23(2)(a) to (c) of the Growth and Infrastructure Act 2013 (c. 27) and by paragraphs 64(1) and (2) of Schedule 13(1) and paragraph 1 of Schedule 25 to the Localism Act 2011 (c. 20) . As amended by paragraph 55 of Part 1 of Schedule 13 to the Localism Act 2011. As amended by section 160 of the Housing and Planning Act 2016 (c. 22) and section 43 of the Wales Act 2017 (c. 4) . As amended by section 140 of, and paragraph 60 of Part 1 of Schedule 13 to, the Localism Act 2011. As amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011. Ibid. Section 149A was inserted by paragraph 4(1) of Part 1 of Schedule 8 to the Marine and Coastal Access Act 2009 (c. 23) . 1961 c. 33 . 1965 c. 56 . 1968 c. xxxii . 1980 c. 66 . 1981 c. 66 . 1984 c. 27 . 1990 c. 8 . 1991 c. 22 . 2008 c. 29 . 2009 c. 23 . S.I. 2016/1154 . 2010 c. 29 . 1981 c. 67 . Section 7 was amended by paragraph 9 of Schedule 15(I) to the Planning and Compensation Act 1991 (c. 34) . There are other amendments to this section which are not relevant to this Order. S.I. 2012/3102 . 2004 c. 18 . 1987 c. 21 . S.I. 2020/419 , which was amended by the Riverside Energy Park (Correction) Order 2021 ( S.I. 2021/273 ) and the Riverside Energy Park (Amendment) Order 2023 ( S.I. 2023/165 ). 2003 c. 21 . 1991 c. 59 . Section 23 was amended by paragraph 192(2) of Schedule 22 to the Environment Act 1995 (c. 25) , paragraphs 25 and 32 of Schedule 2 to the Flood and Water Management Act 2010 (c. 29) and S.I. 2013/755 . Section 32 was amended by S.I. 2013/755 . Section 66 was amended by paragraphs 25 and 38 of Schedule 2 to the Flood and Water Management Act 2010 and section 86 of the Water Act 2014 (c. 21) . 1991 c. 57 . Paragraph 5 was amended by section 100 of the Natural Environment and Rural Communities Act 2006 (c. 16) , section 84 of, and paragraph 3 of Schedule 11 to, the 2009 Act and S.I. 2013/755 . Paragraph 6 was amended by section 105 of, and paragraph 26 of Schedule 15 to, the Environment Act 1995, sections 224, 233 and 321 of, and paragraphs 20 and 24 of Schedule 16 and Part 5(B) of Schedule 22 to, the 2009 Act and S.I. 2013/755 . Paragraph 6A was inserted by section 103(3) of the Environment Act 1995. S.I. 2016/1154 . Regulation 12 was amended by S.I. 2018/110 . 2017 c. 20 . 2023 c. 52 . 1989 c. 29 . 2023 c. 52 . 1988 c. 52 . Section 53 was amended by Schedule 5 to the Countryside and Rights of Way Act 2000 (c. 37) and by section 70(1) of the Natural Environment and Rural Communities Act 2006 (c. 16) . Section 66 was amended by sections 1, 2 and 7 of, and paragraph 7(6) of Schedule 3 to, the Local Government Act 1985. There are other amendments to this section that are not relevant to this Order. S.I. 2016/362 . S.I. 2016/362 . S.I. 2011/935 . 2004 c. 18 . There are amendments to this Act not relevant to this Order. 1991 c. 56 . Section 106 was amended by sections 43(2) and 35(8)(a) of and paragraph 1 of Schedule 2 to, the Competition and Service (Utilities) Act 1992 (c. 43) and sections 99(2), (4), (5)(a), (5)(b), (5)(c) and 36(2) of the Water Act 2003 (c. 37) . 1964 c. 40 . 1991 c. 57 , as amended by S.I. 2009/3104 . The functions of the Lands Tribunal under the 1961 Act are transferred to the Upper Tribunal under the Tribunals, Courts and Enforcement Act 2007 (c. 15) . 1995 c. 21 . Inserted by section 182(2) of the Housing and Planning Act 2016. Inserted by section 202(2) of the Housing and Planning Act 2016. Inserted by paragraph 6 of Schedule 18 to the Housing and Planning Act 2016. Inserted by section 202(1) of the Housing and Planning Act 2016. Inserted by section 186(3) of the Housing and Planning Act 2016. Inserted by schedule 17(1) paragraph 3 of the Housing and Planning Act 2016. 2003 c. 21 . Section 151(1) was amended by paragraphs 90(a)(i), (ii), (iii), 90(b), 90(c) and 90(d) of Schedule 1 to the Electronic Communications and Wireless Telegraphy Regulations 2011 ( S.I. 2011/1210 ). S.I. 2011/934 . 1990 c. 43 . Section 82 was amended by section 103 of the Clean Neighbourhoods and Environment Act 2005 (c. 16) ; section 79 was amended by sections 101 and 102 of the same Act. There are other amendments not relevant to this Order. 1974 c. 40 . 1978 c. 30 . 1949 c. 97 . 1967 c. 10 . Relevant amendments to section 9 have been made by section 4 of, and Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) . 2010 c. 29 . 1855 c. clxii . 1866 c. xlvi . 1879 c. cxcviii 1881 c. cxlii . 1891 c. lxxiv . 1901 c. xvii . 1957 c. xxxv . 1961 c. xliii . 1962 c. xlv . 1970 c. lxxvi . 1972 c. xlv. Section 3(1) and section 25(5)(a) were amended by the Thames Barrier and Flood Prevention Act 1972 (Amendment) Order 1986. 1986 c. iv . 2013 c. v . 1973 c. 26 . 1971 c. 80 . 1989 c. 29 . 1991 c. 56 . 1986 c. 44 . A new section 7 was substituted by section 5 of the Gas Act 1995 (c. 45) , and was further amended by section 76 of the Utilities Act 2000 (c. 27) . 2003 c. 21 . 1971 c. 80 . 1996 c. 23 .
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[uk-legislation-uksi][uksi] 2025-11-27 The State Pension Debits and Credits (Revaluation) Order 2025
http://www.legislation.gov.uk/uksi/2025/1220/made
http://www.legislation.gov.uk/uksi/2025/1220/made The State Pension Debits and Credits (Revaluation) Order 2025 King's Printer of Acts of Parliament 2025-11-27 SOCIAL SECURITY This Order is made following a review under section 148AD(1) of the Social Security Administration Act 1992 (c. 5) (revaluation of new state pension debits and credits). 2025 No. 1220 SOCIAL SECURITY The State Pension Debits and Credits (Revaluation) Order 2025 Made 25th November 2025 Laid before Parliament 27th November 2025 Coming into force in accordance with article 1(2) The Secretary of State has reviewed the general level of prices in Great Britain in accordance with section 148AD(1) of the Social Security Administration Act 1992 . The Secretary of State has had regard to the earlier orders under that section, and it appears to the Secretary of State that relevant debits or credits have not, during the review period, maintained their value in relation to the general level of prices . Accordingly the Secretary of State makes the following Order in exercise of the powers conferred by sections 148AD(2) and (3) and 189(1) and (4) of the Social Security Administration Act 1992 . Citation, commencement, extent and interpretation 1 1 This Order may be cited as the State Pension Debits and Credits (Revaluation) Order 2025. 2 This Order comes into force on— a 22nd December 2025 for the purpose of making an award on a claim for a state pension under regulation 15(1) of the Social Security (Claims and Payments) Regulations 1987 (advance notice of retirement and claim for and award of pension) to a person who reaches pensionable age on or after 7th April 2026, and b 6th April 2026 for all other purposes. 3 This Order extends to England and Wales and Scotland. 4 In this article “ a state pension ” means a state pension under Part 1 of the Pensions Act 2014. Increase in the amount of relevant debits or credits 2 For the purposes of paragraph 3 of each of Schedules 8 and 10 to the Pensions Act 2014 (pension sharing: appropriate weekly rate and reduction), the amount of relevant debits or credits for the tax year specified in the first column of the table in the Schedule to this Order are to be increased by the percentage of their amount specified in the corresponding entry in the second column. Signed by authority of the Secretary of State for Work and Pensions Torsten Bell Parliamentary Under Secretary of State Department for Work and Pensions 25th November 2025 Schedule Percentage increase of the amounts of relevant debits or credits for the specified tax years Article 2 Tax year Percentage increase 2016-2017 39.2 2017-2018 37.8 2018-2019 33.8 2019-2020 30.7 2020-2021 28.5 2021-2022 27.9 2022-2023 24.0 2023-2024 12.6 2024-2025 5.6 2025-2026 3.8 Explanatory Note (This note is not part of the Order) This Order is made following a review under section 148AD(1) of the Social Security Administration Act 1992 (c. 5) (revaluation of new state pension debits and credits). Article 2 of this Order revalues debits and credits under section 49A(2) of the Welfare Reform and Pensions Act 1999 (c. 30) in accordance with the increase in the general level of prices. Under paragraph 3 of each of Schedules 8 and 10 to the Pensions Act 2014 (c. 19) debits to which a person is subject (under section 14 of the Pensions Act 2014) and credits to which a person is entitled (under section 13 of the Pensions Act 2014) are revalued by the percentage specified by the last order under section 148AD to come into force before the person reached pensionable age. Pensionable age has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995 (c. 26) . Article 1(2) ensures that the revaluation of relevant debits or credits will apply to persons reaching pensionable age on or after 7th April 2026, including those who make an advance claim for a state pension under regulation 15(1) of the Social Security (Claims and Payments) Regulations 1987 ( S.I. 1987/1968 ). A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. 1992 c. 5 ; section 148AD was inserted by paragraph 8 of Schedule 11 to the Pensions Act 2014 (c. 19) . See section 148AD(2) and (7) of the Social Security Administration Act 1992. Previous orders under that section were S.I. 2017/375 and 1152 , 2018/1219 , 2020/7 and 1391 , 2021/1319 , 2022/1250 , 2023/1270 and 2024/1208 . Section 189 was amended by paragraph 109 of Schedule 7, and Schedule 8, to the Social Security Act 1998 (c. 14) , paragraph 57(1) and (2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) , Schedule 6 to the Tax Credits Act 2002 (c. 21) and S.I. 2013/252 . There are other amendments to section 189 but none is relevant to this Order. S.I. 1987/1968 ; relevant amending instruments are S.I. 2005/1551 , 2015/1985 . For the meaning of “pensionable age” see section 191 of the Social Security Administration Act 1992, which refers to the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995 (c. 26) , and was inserted by paragraph 31 of Schedule 8 to the Pension Schemes Act 1993 (c. 48) and substituted by paragraph 14 of Schedule 4 to the Pensions Act 1995. For the meaning of “relevant debits or credits” see section 148AD(7) of the Social Security Administration Act 1992 (c. 5) .
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[uk-legislation-uksi][uksi] 2025-11-27 The State Pension Revaluation for Transitional Pensions Order 2025
http://www.legislation.gov.uk/uksi/2025/1219/made
http://www.legislation.gov.uk/uksi/2025/1219/made The State Pension Revaluation for Transitional Pensions Order 2025 King's Printer of Acts of Parliament 2025-11-27 SOCIAL SECURITY This Order is made following a review under section 148AC(1) of the Social Security Administration Act 1992 (c. 5) (“the Administration Act”) (revaluation for transitional pensions under the Pensions Act 2014 (c. 19)). 2025 No. 1219 SOCIAL SECURITY The State Pension Revaluation for Transitional Pensions Order 2025 Made 25th November 2025 Laid before Parliament 27th November 2025 Coming into force in accordance with article 1(2) The Secretary of State has carried out a review in accordance with section 148AC(1) of the Social Security Administration Act 1992 and it appeared to the Secretary of State that the general level of prices in Great Britain has increased during the review period . Accordingly the Secretary of State makes the following Order in exercise of the powers conferred by sections 148AC(3) and 189(1) and (4) of the Social Security Administration Act 1992 . Citation, commencement, extent and interpretation 1 1 This Order may be cited as the State Pension Revaluation for Transitional Pensions Order 2025. 2 This Order comes into force on— a 22nd December 2025 for the purpose of making an award on a claim for a state pension under regulation 15(1) of the Social Security (Claims and Payments) Regulations 1987 (advance notice of retirement and claim for and award of pension) to a person who reaches pensionable age on or after 7th April 2026, and b 6th April 2026 for all other purposes. 3 This Order extends to England and Wales and Scotland. 4 In this article “ a state pension ” means a state pension under Part 1 of the Pensions Act 2014. Increase in the general level of prices 2 For the purposes of section 148AC(3) and (4) of the Social Security Administration Act 1992 (revaluation for transitional pensions under the Pensions Act 2014), the increase in the general level of prices during the review period is 39.0 per cent. Signed by authority of the Secretary of State for Work and Pensions Torsten Bell Parliamentary Under Secretary of State Department for Work and Pensions 25th November 2025 Explanatory Note (This note is not part of the Order) This Order is made following a review under section 148AC(1) of the Social Security Administration Act 1992 (c. 5) (“ the Administration Act ”) (revaluation for transitional pensions under the Pensions Act 2014 (c. 19) ). The Pensions Act 2014 created a new state pension for persons reaching pensionable age on or after 6th April 2016 (see Part 1 of that Act). Pensionable age has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995 (c. 26) . The part of a person’s new state pension based on their pre-April 2016 contribution record that exceeds the full rate of the new state pension as at 6th April 2016 is commonly referred to as a “ protected payment ”. Paragraph 6(5) of Schedule 1 to the Pensions Act 2014 provides for the revaluing of protected payments by increasing these payments by the “revaluing percentage” specified in the last order under section 148AC(3) of the Administration Act to come into force before the person reached pensionable age. Under section 148AC(4) of the Administration Act the revaluing percentage is the percentage of the increase in the general level of prices since 6th April 2016 (the review period specified by section 148AC(2)). Article 2 of this Order specifies the revaluing percentage as 39.0 per cent. Article 1(2) ensures that the revaluation of protected payments will apply to persons reaching pensionable age on or after 7th April 2026, including those who make an advance claim for a state pension under regulation 15(1) of the Social Security (Claims and Payments) Regulations 1987 ( S.I. 1987/1968 ). A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. 1992 c. 5 ; section 148AC was inserted by paragraph 17 of Schedule 12 to the Pensions Act 2014 (c. 19) . For the meaning of “review period” see section 148AC(2) of the Social Security Administration Act 1992. Section 189 was amended by paragraph 109 of Schedule 7, and Schedule 8, to the Social Security Act 1998 (c. 14) , paragraph 57(1) and (2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) , Schedule 6 to the Tax Credits Act 2002 (c. 21) and S.I. 2013/252 . There are other amendments to section 189 but none is relevant to this Order. S.I. 1987/1968 ; relevant amending instruments are S.I. 2005/1551 , 2015/1985 . For the meaning of “pensionable age” see section 191 of the Social Security Administration Act 1992, which refers to the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995 (c. 26) , and was inserted by paragraph 31 of Schedule 8 to the Pension Schemes Act 1993 (c. 48) and substituted by paragraph 14 of Schedule 4 to the Pensions Act 1995.
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[uk-legislation-uksi][uksi] 2025-11-28 The Financial Services (Overseas Recognition Regime Designations) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1147/made
http://www.legislation.gov.uk/uksi/2025/1147/made The Financial Services (Overseas Recognition Regime Designations) Regulations 2025 King's Printer of Acts of Parliament 2025-10-31 FINANCIAL SERVICES These Regulations make supplementary provision in relation to the Treasury’s powers under other legislation to designate the law and practice of another country or territory as equivalent to that of the United Kingdom in relation to an area of financial services and markets law and practice or where it is exercising powers specified in the Schedule to the Regulations. These Regulations restate with modifications the Equivalence Determinations for Financial Services and Miscellaneous Provisions (Amendment etc) (EU Exit) Regulations 2019 (S.I. 2019/541), which are revoked by section 1(1) of, and Schedule 1 to, the Financial Services and Markets Act 2023 (c. 29). The Financial Services (Overseas Recognition Regime Designations) Regulations 2025 2025 No. 1147 FINANCIAL SERVICES The Financial Services (Overseas Recognition Regime Designations) Regulations 2025 Made 30th October 2025 Coming into force 28th November 2025 The Treasury make these Regulations in exercise of the powers conferred by sections 4 , 84 (2) and 86 (5) of the Financial Services and Markets Act 2023 . In accordance with section 4(9) of that Act , a draft of this instrument has been laid before, and approved by resolution of, each House of Parliament. Citation, commencement and extent 1 1 These Regulations may be cited as the Financial Services (Overseas Recognition Regime Designations) Regulations 2025. 2 These Regulations come into force on 28th November 2025. 3 These Regulations extend to England and Wales, Scotland and Northern Ireland. Overseas recognition regime designations 2 1 For the purposes of these Regulations, an “overseas recognition regime designation” is a designation (however described) by the Treasury made under— a a provision listed in the Schedule, or b any other enactment which provides that the law and practice which applies in another country or territory in relation to a relevant area of law and practice— i is equivalent to, or ii has equivalent effect, taken as a whole, to, the law and practice of the United Kingdom. 2 In paragraph (1)— a a reference to a relevant area of law and practice is to any such area that relates to financial services or markets (whether generally or in respect of particular matters); b “ territory ” includes the European Union and any other international organisation or authority comprising countries or territories. Overseas recognition regime designations: supplementary provision 3 1 A power of the Treasury under any enactment to make an overseas recognition regime designation includes power— a to revoke or vary an overseas recognition regime designation made under the power, b to impose conditions or limitations on the application of the designation. 2 Paragraph (1) is subject to any contrary intention that appears in the enactment concerned. Information and advice 4 1 The Treasury may by notice require a regulator to provide any information or advice that the Treasury consider is necessary to enable the Treasury to decide whether to make, amend or revoke an overseas recognition regime designation. 2 The notice must— a specify or describe the information or advice being sought, b specify a reasonable period within which the information or advice must be provided, and c be given in writing. 3 A regulator may provide information or advice to the Treasury in connection with any— a overseas recognition regime designation, or b proposal for an overseas recognition regime designation, in the absence of a notice under paragraph (1). 4 In this regulation, “ regulator ” means— a the FCA, b the PRA, or c the Bank of England. Co-ordination of functions 5 1 The relevant bodies must co-ordinate the discharge of their respective functions in relation to— a the making, amending or revoking of overseas recognition regime designations, and b the provision of information and advice under regulation 4. 2 The relevant bodies must prepare and maintain a memorandum describing in general terms how they propose to— a exercise their respective functions in relation to the matters mentioned in paragraph (1), and b comply with the obligation imposed by that paragraph. 3 In paragraphs (1) and (2) “ the relevant bodies ” means— a the Treasury, b the FCA, c the PRA, and d the Bank of England. 4 The Treasury must— a lay before Parliament a copy of the memorandum, and b publish it in a way appearing to the Treasury to be best calculated to bring it to the attention of the public. Disclosure of information 6 Sections 348 to 350 and 352 of FSMA 2000 (disclosure of information) apply in relation to information received by the Bank of England for the purposes of, or in discharge of, any of its functions under regulation 4 as if— a in section 348(2), for paragraph (b), there were substituted— b was received by the primary recipient for the purposes of, or in the discharge of, any of the functions of the Bank of England under regulation 4 of the Financial Services (Overseas Recognition Regime Designations) Regulations 2025; ; b in section 349, after subsection (1), there were inserted— 1A Section 348 does not prevent a disclosure of confidential information which is made by the Bank of England to the Treasury for the purposes of, or in discharge of, any of its functions under regulation 4 of the Financial Services (Overseas Recognition Regime Designations) Regulations 2025. ; c in section 350— i in subsection (1), after paragraph (a), there were inserted— aa the Bank of England, if the disclosure is made for the purpose of assisting or enabling the Bank of England to discharge its functions under regulation 4 of the Financial Services (Overseas Recognition Regime Designations) Regulations 2025, or ; ii in subsection (5), after paragraph (a), there were inserted— aa by the Bank of England to the Treasury; . Amendment to the Insurance and Reinsurance Undertakings (Prudential Requirements) Regulations 2023 7 1 The Insurance and Reinsurance Undertakings (Prudential Requirements) Regulations 2023 are amended as follows. 2 In Part 4 (overseas insurance regime), in regulation 10 (interpretation), in the definition of “overseas jurisdiction” omit “or Gibraltar”. Amendments to the Short Selling Regulations 2025 8 1 The Short Selling Regulations 2025 are amended as follows. 2 In Part 1 (general provisions), in regulation 3(1) (interpretation)— a in the definition of “overseas jurisdiction”, for “jurisdiction other than” substitute “territory outside” ; b insert in the appropriate place the following definition— “ territory ” includes the European Union and any other international organisation or authority comprising countries or territories; . Lilian Greenwood Stephen Morgan Two of the Lords Commissioners of His Majesty's Treasury 30th October 2025 Schedule Overseas Recognition Regimes Regulation 2(1) 1 The Insurance and Reinsurance Undertakings (Prudential Requirements) Regulations 2023 , regulation 11. 2 The Short Selling Regulations 2025, regulation 11(1). Explanatory Note (This note is not part of the Regulations) These Regulations make supplementary provision in relation to the Treasury’s powers under other legislation to designate the law and practice of another country or territory as equivalent to that of the United Kingdom in relation to an area of financial services and markets law and practice or where it is exercising powers specified in the Schedule to the Regulations. These Regulations restate with modifications the Equivalence Determinations for Financial Services and Miscellaneous Provisions (Amendment etc) (EU Exit) Regulations 2019 ( S.I. 2019/541 ), which are revoked by section 1(1) of, and Schedule 1 to, the Financial Services and Markets Act 2023 (c. 29) . Regulation 2 and the Schedule define “ overseas recognition regime designation ” for the purposes of the Regulations. Regulation 3 ensures that the Treasury are able to impose conditions or limitations on the application of an overseas recognition regime designation or to revoke or vary it. Regulation 4 gives the Treasury the power to require the regulators to give the Treasury any advice or information they consider necessary to decide whether to make an overseas recognition regime designation. Regulation 5 provides for the coordination of the functions of the Treasury and the regulators in relation to their functions under these Regulations. Regulation 6 ensures that information received by the Bank of England is subject to the same requirements in relation to the disclosure of confidential information as information received by the other regulators. Regulations 7 and 8 make amendments to other secondary legislation in order to establish uniformity across overseas recognition regimes. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. 2023 c. 29 . Section 4 was amended by S.I. 2023/1424 . Section 4(9) requires instruments made by virtue of section 4 to which section 4(8) does not apply to be subject to the affirmative procedure. This is defined in section 84(3) of the Financial Services and Markets Act 2023. 2000 c. 8 . Section 348(2) was amended by paragraph 18(2) of Schedule 12 to the Financial Services Act 2012 (c. 21) . There are other amendments to these sections which are not relevant to these Regulations. S.I. 2023/1347 . Regulation 10 was inserted by S.I. 2024/1116 . S.I. 2025/29 . Regulation 11 was inserted by S.I. 2024/1116 .
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[uk-legislation-uksi][uksi] 2025-12-01 The Corporation Tax Act 2010 (Part 8C) (Amendment) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1253/made
http://www.legislation.gov.uk/uksi/2025/1253/made The Corporation Tax Act 2010 (Part 8C) (Amendment) Regulations 2025 King's Printer of Acts of Parliament 2025-12-01 CORPORATION TAX The Regulations amend Part 8C of the Corporation Tax Act 2010 (“CTA 2010”) which was inserted into the CTA 2010 by section 38(3) of Finance (No. 2) Act 2015. Part 8C applies a corporation tax rate of 45% to payments of restitution interest made by the Commissioners for His Majesty’s Revenue and Customs (“HMRC”). Regulations made by the Treasury, laid before the House of Commons under section 357YW(7) of the Corporation Tax Act 2010 (c. 4) , for approval by resolution of the House of Commons within twenty-eight days beginning with the day on which the Regulations were made, subject to extension for periods of dissolution, prorogation or adjournment for more than four days. 2025 No. 1253 CORPORATION TAX The Corporation Tax Act 2010 (Part 8C) (Amendment) Regulations 2025 Made at 1.50 p.m. on 1st December 2025 Laid before the House of Commons at 4.30 p.m. on 1st December 2025 Coming into force 15th January 2026 The Treasury make these Regulations in exercise of the power conferred by section 357YW(1) of the Corporation Tax Act 2010 . Citation and commencement 1 These Regulations may be cited as the Corporation Tax Act 2010 (Part 8C) (Amendment) Regulations 2025 and come into force on 15th January 2026. Amendment of Part 8C of the Corporation Tax Act 2010 2 Part 8C of the Corporation Tax Act 2010 is amended in accordance with regulations 3 to 6. Exclusion of simple interest 3 In section 357YC (meaning of “ restitution interest ”)— a in subsection (4), after “simple interest at a” insert— rate equivalent to or lower than a , and b in subsection (5), after “simple interest at a” insert— rate equivalent to or lower than a . 4 In section 357YD (further provision about amounts included, or not included, in “restitution interest”)— a in subsection (1), in paragraph (b), after “simple interest at a” insert— rate equivalent to or lower than a , and b in subsection (2), after “simple interest at a” insert— rate equivalent to or lower than a . 5 In section 357YO (duty to deduct tax from payments of restitution interest), in subsection (4), after “simple interest at a” insert— rate equivalent to or lower than a . Amendment of assessment time limit 6 In section 357YQ (assessment of tax chargeable on restitution interest), after subsection (1) insert— 1A An assessment under this section may be made at any time before the later of— a the end of the period of 2 years after the end of the accounting period in which Condition B in section 357YC is met, and b the end of any period within which the assessment may otherwise be made under any other provision of the Taxes Acts (within the meaning of section 118(1) of TMA 1970). . Gen Kitchen Stephen Morgan Two of the Lords Commissioners of His Majesty's Treasury at 1.50 p.m. on 1st December 2025 Explanatory Note (This note is not part of the Regulations) The Regulations amend Part 8C of the Corporation Tax Act 2010 (“CTA 2010”) which was inserted into the CTA 2010 by section 38(3) of Finance (No. 2) Act 2015. Part 8C applies a corporation tax rate of 45% to payments of restitution interest made by the Commissioners for His Majesty’s Revenue and Customs (“ HMRC ”). Regulations 3 to 5 provide that Part 8C of the CTA 2010 does not apply to awards of simple interest that are at a rate equivalent to or lower than a statutory rate (which is defined by section 357YU(2) of the CTA 2010 as a rate equal to a rate specified for purposes relating to taxation in a provision in or made under an Act of Parliament). Regulation 6 provides that an assessment of tax chargeable on restitution interest made under Part 8C of the CTA 2010 can be made at any time before the end of the period of 2 years after the end of the accounting period in which Condition B in section 357YC is met or the end of any period within which the assessment may otherwise be made under any other provision of the Taxes Acts, whichever is later. This provides that assessments can be made for adjustments made under sections 357YE and 357YH of the CTA 2010 where restitution interest is brought into account at a time before a court has made a final determination or before HMRC has entered into a final settlement to pay restitution interest. A Tax Information and Impact Note covering this instrument will be published on the website at https://www.gov.uk/government/collections/tax-information-and-impact-notes-tiins . 2010 c. 4 ; section 357YW was inserted by section 38(3) of the Finance (No. 2) Act 2015 (c. 33) . Part 8C was inserted by section 38(3) of the Finance (No. 2) Act 2015.
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[uk-legislation-uksi][uksi] 2025-12-01 The Criminal Legal Aid (General and Remuneration) (Amendment) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1251/made
http://www.legislation.gov.uk/uksi/2025/1251/made The Criminal Legal Aid (General and Remuneration) (Amendment) Regulations 2025 King's Printer of Acts of Parliament 2025-12-01 LEGAL AID AND ADVICE, ENGLAND AND WALES Regulation 3 amends regulation 9 of the Criminal Legal Aid (General) Regulations 2013 (S.I. 2013/9) to specify proceedings in the High Court concerning a release decision of the Parole Board referred under section 32ZAA of the Crime (Sentences) Act 1997 or section 256AZBA of the Criminal Justice Act 2003 as criminal proceedings for the purposes of section 14(h) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) (“the Act”). Regulation 3 comes into force on 31st December 2025. 2025 No. 1251 LEGAL AID AND ADVICE, ENGLAND AND WALES The Criminal Legal Aid (General and Remuneration) (Amendment) Regulations 2025 Made 27th November 2025 Laid before Parliament 1st December 2025 Coming into force in accordance with regulation 2 The Lord Chancellor makes these Regulations in exercise of the powers conferred by sections 2(3), 14(h), and 41(1) to (3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 . Citation and extent 1 1 These Regulations may be cited as the Criminal Legal Aid (General and Remuneration) (Amendment) Regulations 2025. 2 These Regulations extend to England and Wales. Commencement 2 1 These Regulations come into force on 22nd December 2025, subject to the following paragraph. 2 Regulation 3 comes into force on 31st December 2025. Amendment to the Criminal Legal Aid (General) Regulations 2013 3 In regulation 9 (criminal proceedings) of the Criminal Legal Aid (General) Regulations 2013 — a at the end of paragraph (ug) omit “and” ; b after paragraph (ug) insert— uh proceedings in the High Court concerning a release decision of the Parole Board, which have been referred under section 32ZAA of the Crime (Sentences) Act 1997 or section 256AZBA of the Criminal Justice Act 2003; and . Amendments to the Criminal Legal Aid (Remuneration) Regulations 2013 4 1 The Criminal Legal Aid (Remuneration) Regulations 2013 are amended as follows. 2 In regulation 17A (interim payment of litigators’ fees), omit paragraph (3). 3 Schedule 3 (proceedings in the Court of Appeal) is amended as set out in Schedule 1 to these Regulations. 4 Schedule 4 (rates payable for the claims specified in regulation 8) is amended as set out in Schedule 2 to these Regulations. Application and transitional provision 5 1 These Regulations apply to services provided following a relevant determination. 2 In this regulation, “ relevant determination ” means a determination made on an application for services under section 13 (advice and assistance for individuals in custody), 15 (advice and assistance for criminal proceedings) or 16 (representation for criminal proceedings) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 on or after 22nd December 2025. Signed by authority of the Lord Chancellor Sarah Sackman Minister of State Ministry of Justice 27th November 2025 Schedules Schedule 1 Amendments to Schedule 3 to the Criminal Legal Aid (Remuneration) Regulations 2013 Regulation 4(3) 1 In paragraph 7 (litigators’ fees for proceedings in the Court of Appeal), for the table following sub-paragraph (1) substitute— Class of work Grade of fee earner Rate Variations Preparation Senior solicitor £61.17 per hour £64.35 per hour for a litigator whose office is situated within the City of London or a London borough Solicitor, legal executive or fee earner of equivalent experience £51.94 per hour £54.55 per hour for a litigator whose office is situated within the City of London or a London borough Trainee or fee earner of equivalent experience £34.34 per hour £39.25 per hour for a litigator whose office is situated within the City of London or a London borough Advocacy Senior solicitor £73.88 per hour Solicitor £64.65 per hour Attendance at court where more than one representative assigned Senior solicitor £48.76 per hour Solicitor, legal executive or fee earner of equivalent experience £39.25 per hour Trainee or fee earner of equivalent experience £23.67 per hour Travelling and waiting Senior solicitor £28.57 per hour Solicitor, legal executive or fee earner of equivalent experience £28.57 per hour Trainee or fee earner of equivalent experience £14.43 per hour Routine letters written and routine telephone calls £3.98 per item £4.16 per item for a litigator whose office is situated within the City of London or a London borough Schedule 2 Amendments to Schedule 4 to the Criminal Legal Aid (Remuneration) Regulations 2013 Regulation 4(4) 1 In paragraph 2 (work conducted at the police station: police station advice and assistance), for sub-paragraphs (4) to (8), including the table after sub-paragraph (8), substitute— 4 The Fixed Fee for Police Station attendance is £320 for all Police Station Schemes. 5 The Escape Fee Threshold for Police Station attendance is £650 for all Police Station Schemes. 6 Where attendance is at a place where an interviewing Constable is present, and that place is not a police station listed as being within a Police Station Scheme, the attendance will be taken as being at— a the Police Station Scheme within which the interviewing Constable is normally based, or b the Police Station Scheme nearest to the place of attendance, where the interviewing Constable is not normally based within a Police Station Scheme. 7 Where attendance is at a place where a Services Person is assisting with an investigation by Services Police, the relevant Police Station Scheme is the Police Station Scheme within which the police station nearest to the place of attendance is listed for the purposes of sub-paragraph (8). 8 In this paragraph, “ Police Station Scheme ” means a Police Station Scheme listed in the table set out in Annex A to version 19 (October 2025) of the Standard Crime Contract Guidance for Reporting Crime Lower Work. . 2 In paragraph 3 (work conducted outside the police station), after the table following sub-paragraph (4) insert— 5 The Upper Limits prescribed in this paragraph may be extended upon application in accordance with the 2025 Standard Crime Contract. . 3 In paragraph 3A (advice and assistance for pre-charge engagement), after sub-paragraph (2) insert— 3 The Upper Limit prescribed in this paragraph may be extended upon application in accordance with the 2025 Standard Crime Contract. . 4 In paragraph 4 (advice and assistance and advocacy assistance by a court duty solicitor and advocacy assistance at the virtual court)— a for the table following sub-paragraph (1) (advice and assistance and advocacy assistance by a court duty solicitor) substitute— Advice and Assistance and Advocacy Assistance by a court Duty Solicitor Work type London (£) National (£) Standard hourly rate (attendance and waiting at a magistrates’ court) 63.66 62.16 Enhanced hourly rate (only payable in respect of work done on a day which is not a Business Day) 79.53 77.68 Travelling hourly rate (only payable where the Duty Solicitor is called out (including being called to return) to the court from the Office or attends on a day that is not a Business Day. Reasonable travel expenses may also be claimed (where relevant)). 30.36 30.36 b for the table following sub-paragraph (2) (advocacy assistance at the virtual court) substitute— Advocacy Assistance at the Virtual Court London (£) National (£) Virtual Court Fixed Fee where the hearing is held during Business Hours 230.87 173.15 Virtual Court Fixed Fee where the hearing is held during Unsocial hours 277.04 207.78 5 In paragraph 5 (representation in a magistrates’ court)— a for the table following sub-paragraph (1) substitute— Representation in a magistrates’ court All areas (£) Routine letters written and telephone calls per item 4.50 Preparation hourly rate 57.37 Advocacy hourly rate (including applications for bail and other applications to the court) 71.96 Hourly rate for attendance at court where Counsel is assigned (including conferences with Counsel at court) 39.25 Travelling and waiting hourly rate (only claimable where the undesignated area fees apply) 30.36 b for the table following sub-paragraph (2) (higher and lower standard fees table) substitute— Higher and Lower Standard Fees table Lower Standard Fee (£) Lower Standard Fee Limit (£) Higher Standard Fee (£) Higher Standard Fee Limit (£) Designated Area Standard Fees Category 1A 314.62 344.51 596.84 596.89 Category 1B 255.78 344.51 551.09 596.89 Category 2 436.85 591.82 915.04 986.25 Undesignated Area Standard Fees Category 1A 246.27 344.51 521.57 596.89 Category 1B 200.21 344.51 481.59 596.89 Category 2 353.51 591.82 810.79 986.25 c in sub-paragraph (6), for “£208.61” substitute “£229.47” . 6 In paragraph 5B (representation in the youth court)— a for the table following sub-paragraph (4) substitute— Representation in the youth court All areas (£) Routine letters written and telephone calls per item 4.50 Preparation hourly rate 57.37 Advocacy hourly rate (including applications for bail and other applications to the court) 71.96 Hourly rate for attendance at court where Counsel is assigned (including conferences with Counsel at court) 39.25 Travelling and waiting hourly rate (only claimable where the undesignated area fees apply) 30.36 Additional fee for cases which fall outside the Standard Fee payment schemes (only claimable in cases falling under Category 1A or 2A in the table following sub-paragraph (5)) 658.45 b for the table following sub-paragraph (5) (higher and lower standard fees table) substitute— Higher and Lower Standard Fees table Lower Standard Fee (£) Lower Standard Fee Limit (£) Higher Standard Fee (£) Higher Standard Fee Limit (£) Designated Area Standard Fees Category 1A 973.07 344.51 1,255.29 596.89 Category 1B 255.78 344.51 551.09 596.89 Category 2A 1,095.30 591.82 1,573.48 986.25 Category 2B 436.85 591.82 915.04 986.25 Undesignated Area Standard Fees Category 1A 904.72 344.51 1,180.01 596.89 Category 1B 200.21 344.51 481.59 596.89 Category 2A 1,011.96 591.82 1,469.24 986.25 Category 2B 353.51 591.82 810.79 986.25 c in sub-paragraph (8), for “£208.61” substitute “£229.47” . 7 In paragraph 6 (own client work)— a in sub-paragraph (2)(a), for “£55.14” substitute “£60.65” ; b in sub-paragraph (2)(b), for “£52.15” substitute “£57.37” ; c in sub-paragraph (3), for “£78.71” substitute “£86.58” ; d in sub-paragraph (4), for “£26.23” substitute “£28.85” ; e for the table after sub-paragraph (4) substitute— Work undertaken prior to a determination that an individual is not eligible for criminal legal aid London (£) National (£) Routine letters written and telephone calls per item 4.69 4.50 Preparation hourly rate 60.65 57.37 Advocacy (including applications for bail and other applications to the court) hourly rate 71.96 71.96 Travelling and waiting hourly rate (only applicable where the undesignated area fees apply) N/A 30.36 8 In paragraph 7 (representation in proceedings prescribed as criminal proceedings under section 14(h) of the Act), after sub-paragraph (3) insert— 4 The Upper Limits prescribed in this paragraph may be extended upon application in accordance with the 2025 Standard Crime Contract. . 9 In paragraph 8 (advice and assistance on an appeal against conviction or sentence or an application to the Criminal Cases Review Commission)— a after “Upper Limit” insert “, which may be extended upon application in accordance with the 2025 Standard Crime Contract,” ; b in sub-paragraph (a), for “£314.81” substitute “£346.29” ; c in sub-paragraph (b), for “£524.69” substitute “£577.16” ; d for the table substitute— Advice and Assistance on an appeal against conviction or sentence or application to the Criminal Cases Review Commission London (£) National (£) Routine letters written and routine telephone calls per item 4.44 4.28 Preparation hourly rate 57.37 54.14 Travel and waiting hourly rate 30.36 30.36 10 In paragraph 10 (representation in the Crown Court on an appeal from a magistrates’ court in proceedings prescribed as criminal proceedings under section 14(h) of the Act), a after “Upper Limit” insert “, which may be extended upon application in accordance with the 2025 Standard Crime Contract,” ; b for “£1,574.06” substitute “£1,731.47” ; c for the table substitute— London (£) National (£) Routine letters written and telephone calls per item 4.69 4.50 Preparation hourly rate 60.65 57.37 Advocacy hourly rate 71.96 71.96 Travelling and waiting hourly rate 30.36 30.36 11 In paragraph 11 (advice and assistance provided pursuant to a determination made under section 15 of the Act in prison law cases)— a in sub-paragraph (1)— i for “£200.75” substitute “£248.93” ; ii for “£602.25” substitute “£746.79” ; b for the table following sub-paragraph (2) (hourly rates for determining whether Escape Fee Threshold reached) substitute— Hourly rates for determining whether Escape Fee Threshold reached All areas (£) Routine letters written and routine telephone calls per item 4.19 Preparation hourly rate 53.07 Travel and waiting hourly rate 29.76 c for the two tables following sub-paragraph (3) (hourly rates in Disciplinary Cases and Sentence Cases for determining application of Standard Fees, and Higher and Lower Standard Fees table for Disciplinary Cases and Sentence Cases) substitute— Hourly rates in Disciplinary Cases and Sentence Cases for determining application of Standard Fees All areas (£) Routine letters written and routine telephone calls per item 4.59 Preparation hourly rate 63.54 Advocacy hourly rate 77.23 Travel and waiting hourly rate 29.76 Higher and Lower Standard Fees table for Disciplinary Cases and Sentence Cases Lower Standard Fee (£) Lower Standard Fee Limit (£) Higher Standard Fee (£) Higher Standard Fee Limit (£) 252.87 442.75 699.56 2,097.70 d for the two tables following sub-paragraph (4) (hourly rates in Parole Board cases for determining application of standard fees and higher and lower standard fees table for Parole Board cases) substitute— Hourly rates in Parole Board cases for determining application of Standard Fees All areas (£) Routine letters written and routine telephone calls per item 4.59 Preparation hourly rate 63.54 Advocacy hourly rate 77.23 Travel and waiting hourly rate 29.76 Higher and Lower Standard Fees table for Parole Board cases Lower Standard Fee (£) Lower Standard Fee Limit (£) Higher Standard Fee (£) Higher Standard Fee Limit (£) 542.14 1,158.07 1,803.51 5,409.55 12 In paragraph 12 (payment for assigned counsel)— a in sub-paragraph (1)— i for “this paragraph” substitute “Sub-paragraph (2)” ; ii omit sub-paragraph (1)(a); b after the table following sub-paragraph (2), insert— 3 The fees payable to Assigned Counsel for representation in a magistrates’ court or youth court are subject to the limits specified in the table following this paragraph. Payment for Assigned Counsel for representation in a magistrates’ court or youth court Junior Counsel (£) King’s Counsel (£) Basic fee for preparation, including for a pretrial review and, where appropriate, the first day’s hearing including, where they took place on that day, short conferences, consultations, applications and appearances (including bail applications, views and any other preparation) Maximum amount 540.16 Maximum amount 5,130.84 Refresher daily fee (for any day or part of a day during which a hearing continued, including, where they took place on that day, short conferences, consultations, applications and appearances (including bail applications, views and any other preparation)) Maximum amount 185.96 Maximum amount 342.83 Subsidiary fees Attendance at consultations, conferences and views not covered by the basic fee or the refresher fee 33.76 per hour - minimum amount 16.76 62.91 per hour - minimum amount 32.32 Written work (on evidence, plea, appeal, cases stated or other written work). Maximum amount 59.17 Maximum amount 121.20 Attendance at pre-trial reviews, applications and other appearances (including bail applications and adjournments for sentence) not covered by the basic fee or the refresher fee Maximum amount 108.52 Maximum amount 236.63 13 After paragraph 12 insert— Allowing fees at less than the prescribed rates 13 1 This paragraph applies to representation by a litigator— a in a magistrates’ court; b in proceedings relating to an injunction under Part 1 of the 2014 Act or related parenting order in any court; c in the youth court; d in proceedings prescribed as criminal proceedings under section 14(h) of the Act in the High Court, the family court or a county court. 2 In respect of any item of work, the appropriate officer may allow fees at less than the relevant prescribed rate where it appears to the appropriate officer reasonable to do so having regard to the competence and despatch with which the work was done. 3 In this paragraph, “prescribed rate” has the meaning given in paragraph 14(8) of this Schedule. Allowing fees at more than the prescribed rates 14 1 This paragraph applies to representation by a litigator— a in a magistrates’ court; b in proceedings relating to an injunction under Part 1 of the 2014 Act or related parenting order in any court; c in the youth court; d in proceedings prescribed as criminal proceedings under section 14(h) of the Act in the High Court, the family court or a county court. 2 Where this paragraph applies, the appropriate officer may allow fees at more than the prescribed rate, where it appears to the appropriate officer, taking into account all the relevant circumstances of the case, that— a the work was done with exceptional competence, skill or expertise; b the work was done with exceptional despatch; or c the case involved exceptional complexity or other exceptional circumstances. 3 Where the appropriate officer considers that any item or class of work should be allowed at more than the prescribed rate, the appropriate officer must apply to that item or class of work a percentage enhancement in accordance with the following provisions of this paragraph. 4 In determining the percentage by which fees should be enhanced above the prescribed rate, the appropriate officer must have regard to— a the degree of responsibility accepted by the fee earner; b the care, speed and economy with which the case was prepared; and c the novelty, weight and complexity of the case. 5 The percentage above the relevant prescribed rate by which fees for work may be enhanced must not exceed 100%. 6 The appropriate officer may have regard to the generality of proceedings to which these Regulations apply in determining what is exceptional within the meaning of this paragraph. 7 Fees paid at more than the prescribed rate under this paragraph are subject to any Upper Limits which apply to the relevant Unit of Work. 8 In this paragraph, “prescribed rate” means a prescribed hourly rate or unit fee for routine letters written and telephone calls per item. . Explanatory Note (This note is not part of the Regulations) Regulation 3 amends regulation 9 of the Criminal Legal Aid (General) Regulations 2013 ( S.I. 2013/9 ) to specify proceedings in the High Court concerning a release decision of the Parole Board referred under section 32ZAA of the Crime (Sentences) Act 1997 or section 256AZBA of the Criminal Justice Act 2003 as criminal proceedings for the purposes of section 14(h) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) (“ the Act ”). Regulation 3 comes into force on 31st December 2025. These Regulations also amend the Criminal Legal Aid (Remuneration) Regulations 2013 ( S.I. 2013/435 ) (“ the Remuneration Regulations ”), which make provision for the remuneration of advice, assistance and representation made available under sections 13, 15 and 16 of the Act. Regulation 4(2) removes regulation 17A(3) of the Remuneration Regulations, which has prohibited litigators from making a claim for an interim payment in relation to a case committed or sent for trial to the Crown Court on the election of a defendant where a magistrates’ court has determined the case to be suitable for summary trial. Regulation 4(3) and Schedule 1 make amendments to Schedule 3 to the Remuneration Regulations by increasing certain appeals fees. Regulation 4(4) and Schedule 2 make amendments to Schedule 4 to the Remuneration Regulations by introducing a harmonised police station fixed fee and escape fee threshold for all Police Station Schemes; increasing magistrates’ court fees; increasing certain appeals fees; and increasing prison law fees. Paragraph 13 of Schedule 2 to these Regulations adds two provisions into Schedule 4 to the Remuneration Regulations. They make provision for the payment of fees to a litigator at less than or more than the prescribed rate for representation in a magistrates’ court; in the youth court; in proceedings relating to an injunction under Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014; and in proceedings prescribed as criminal proceedings under section 14(h) of the Act in the High Court, the family court or county court. Amendments have also been made to provide that certain Upper Limits may be extended upon application in accordance with the 2025 Standard Crime Contract. A hard copy of the 2025 Standard Crime Contract can be obtained free of charge from the Legal Aid Agency, 13th Floor, 102 Petty France, London SW1H 9AJ. The 2025 Standard Crime Contract is also available online at: https://www.gov.uk/government/publications/standard-crime-contract-2025 . A full impact assessment of the effect that the fee increases will have on the costs of business, the voluntary sector and the public sector is produced with the Government’s response to the consultation ‘Criminal Legal Aid: proposals for solicitor fee scheme reform’, available online at https://www.gov.uk/government/consultations/criminal-legal-aid-proposals-for-solicitor-fee-scheme-reform . A hard copy of the Government’s response to the consultation can be obtained free of charge from the Legal Aid Policy Team, Access to Justice Directorate, Justice and Courts Policy Group, Ministry of Justice, 102 Petty France, London SW1H 9AJ. A full impact assessment on the remaining amendments in this instrument has not been produced, as no significant impact on the private or voluntary sectors is foreseen. Section 42(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 provides that, in Part 1 of that Act, “ regulations ” means regulations made by the Lord Chancellor. 2012 c. 10 . S.I. 2013/9 ; amended by S.I. 2013/472 , 2013/2790 , 2015/326 , 2015/838 , 2015/1416 , 2017/1319 , 2020/8 , 2021/762 , 2022/1370 , 2023/150 , 2024/58 and 2025/611 ; there are other amending instruments, but none is relevant. S.I. 2013/435 , amended by S.I. 2015/325 , 2015/1369 , 2015/1678 , 2016/313 , 2020/903 , 2022/848 , 2022/995 , 2023/1140 and 2024/1163 ; there are other amending instruments, but none is relevant.
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[uk-legislation-uksi][uksi] 2025-12-01 The Public Record Office (Fees) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1243/made
http://www.legislation.gov.uk/uksi/2025/1243/made The Public Record Office (Fees) Regulations 2025 en King's Printer of Acts of Parliament 2025-12-01 PUBLIC RECORDS These Regulations prescribe the fees to be charged for authenticated copies or extracts from records under the charge of the Keeper of Public Records and for other services afforded by officers of the Public Record Office, which exercises its functions as part of The National Archives. The fees prescribed in the Schedule to the Regulations are exclusive of value added tax. 2025 No. 1243 Public Records The Public Record Office (Fees) Regulations 2025 Made 26th November 2025 Coming into force 2nd February 2026 The Secretary of State makes these Regulations with the concurrence of the Treasury in exercise of the powers conferred by section 2(5) of the Public Records Act 1958 . Citation, commencement and extent 1 1 These Regulations may be cited as the Public Record Office (Fees) Regulations 2025 and come into force on 2nd February 2026. 2 These Regulations extend to England and Wales, Scotland and Northern Ireland. Interpretation 2 1 The services specified in paragraphs 1 and 5(a) of the Schedule are available only in relation to records— a which concern— i an individual who served as a member of the regular army, the Regular Reserve or the Army Reserve , of or below the rank of warrant officer, or ii an individual who served as a member of any of His Majesty’s air forces, and b which were transferred to The National Archives on or after 1st February 2021 by or on behalf of the Ministry of Defence. 2 In these Regulations— “ key military service personnel documents ” means the following documents within an individual’s military service personnel record— any documents created upon that individual’s initial recruitment or their transfer between units, including their postings whilst in military service, and any other documents, the principal purpose of which is to record the conduct or promotion of that individual whilst in military service; “ military service personnel records ” means any records which— concern individuals who served in the regular forces or the reserve forces, and were created by or on behalf of any of the regular forces or the reserve forces. 3 In this regulation, the following terms have the meaning given by section 374 of the Armed Forces Act 2006 — a in paragraph (1)(a)(i), “the regular army”; b in the definition of “military service personnel records” in paragraph (2), “the regular forces” and “the reserve forces”. Fees 3 1 Subject to paragraph (3), the fees to be charged for authenticated copies or extracts from records under the charge of the Keeper of Public Records and for other services afforded by officers of the Public Record Office are to be determined in accordance with the provisions of the Schedule. 2 In the Schedule— a where a fee is prescribed by reference to a period of time, the whole fee is payable in respect of a partially completed period; b where a fee is prescribed for a copy of an image by reference to a specified size, the size is that of the image to be copied and not that of the copy; c where a fee is prescribed for a copy or photograph of a page of a record, the fee is payable for a copy or photograph of each side of a page which forms a record or part of a record; d all fees are exclusive of value added tax. 3 The Keeper of Public Records may remit all or part of a fee— a where, in their opinion, the service performed or to be performed is, or is likely to be, exceptionally simple, b where, in their opinion, the fee was charged in error, or c where a person paid the fee for one of the following services specified in the Schedule— i the copying of key military service personnel documents (paragraph 1(a) or (b)), or ii a page check (paragraph 4), but no relevant records were found during the related search. Revocation 4 The Public Record Office (Fees) Regulations 2018 are revoked. Twycross Parliamentary Under Secretary of State Department for Culture, Media and Sport 25th November 2025 We concur. Lilian Greenwood Christian Wakeford Two of the Lords Commissioners of His Majesty’s Treasury 26th November 2025 SCHEDULE FEES FOR SERVICES PROVIDED Regulation 3 Key military service personnel documents 1 In relation to key military service personnel documents— a the fee for undertaking a search for and making a colour digital copy of research quality of the key military service personnel documents for an individual is £42.25 (the combined fee representing £38.95 for the search and £3.30 for the digital copies); b the fee for undertaking a search for and making a colour paper copy of research quality of the key military service personnel documents for an individual is £47.16 (the combined fee representing £38.95 for the search, and £8.21 for the paper copies (not including postage and packaging)). Search 2 For undertaking a search (other than a search for key military service personnel documents as per paragraph 1(a) or (b)) to establish whether information or a relevant record is held, the fee for each 15 minutes expended is £38.95. Authenticated copies of naturalisation certificates 3 The fee for making a copy of a naturalisation certificate that is a record and authenticating that copy by certification is £68.84. Page check 4 The fee (per record) for carrying out a page check in order to supply an accurate quotation based on the number of pages involved is £9.92. Other copies of records 5 Where a person requests any number of copies or photographs— a in relation to military service personnel records— i the fee for making a colour digital copy of research quality of a page of the military service personnel record for an individual is £1.04; ii the fee for making a colour paper copy of research quality of a page of the military service personnel record for an individual is £1.89; b for making a colour digital copy of research quality of a page of any other record— i up to and including size A3, the fee is £1.52; ii larger than size A3, the fee is £11.95; c for making a colour paper copy of research quality of a page of any other record— i up to and including size A3, the fee is £7.40; ii larger than size A3, the fee is £17.71. Authentication of other copies 6 The fee for authenticating a paper copy of a record or any part of a record (other than a naturalisation certificate) by certification (excluding the fee for making the copy) is £23.25. Postage and packaging 7 The fee for postage and packaging for a copy not collected in person by the requester which cannot be sent by e-mail, or which the requester asks to be sent by post, is equal to the actual cost of postage and packaging. EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations prescribe the fees to be charged for authenticated copies or extracts from records under the charge of the Keeper of Public Records and for other services afforded by officers of the Public Record Office, which exercises its functions as part of The National Archives. The fees prescribed in the Schedule to the Regulations are exclusive of value added tax. These Regulations revoke and replace the Public Record Office (Fees) Regulations 2018 ( S.I. 2018/1420 , “ the 2018 Regulations ”). Some fees payable under the 2018 Regulations are no longer charged, including fees relating to loans (preparation of records for external exhibitions). Where a fee prescribed in the Schedule was also prescribed by the 2018 Regulations, the rate for each such fee has been increased, as follows— The fee for a search (paragraph 2) is increased from £24.35 to £38.95; The fee for copying and authenticating a naturalisation certificate (paragraph 3) is increased from £27.15 to £68.84; The fee for a page check (per record) (paragraph 4) is increased from £8.40 to £9.92; The fee for a colour digital copy of a page of a record (other than a military service personnel record) up to and including size A3 (paragraph 5(b)(i)) is increased from £1.20 to £1.52; The fee for a colour digital copy of a page of a record (other than a military service personnel record) larger than size A3 (paragraph 5(b)(ii)) is increased from £8.45 to £11.95; The fee for a colour paper copy of a page of a record (other than a military service personnel record) up to and including size A3 (paragraph 5(c)(i)) is increased from £4.95 to £7.40; The fee for a colour paper copy of a page of a record (other than a military service personnel record) larger than size A3 (paragraph 5(c)(ii)) is increased from £9.60 to £17.71; The fee for authenticating a copy of, or part of, a record (other than a naturalisation certificate) (paragraph 6) is increased from £19.80 to £23.25. The new fees introduced for services provided in respect of certain military service personnel records for the Royal Air Force, and for members of the regular and reserve army of or below the rank of warrant officer, relate to an ongoing project which started in 2021 to transfer around 10 million records from the Ministry of Defence to The National Archives in line with the Public Records Act 1958. These services are designed to satisfy the significant and challenging level of demand for access to such records more quickly. The National Archives provides support to requestors at all stages to determine whether their search falls within the scope of these services. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. 1958 c. 51 ; section 2 was amended by S.I. 2015/1897 . Section 44 of the Defence Reform Act 2014 (c. 20) renamed, for the purposes of specified enactments, the Army Reserve as the “Regular Reserve”, and the Territorial Army as the “Army Reserve”. 2006 c. 52 ; the definitions of “the regular army” and “the reserve forces” were amended by section 44 of the Defence Reform Act 2014. S.I. 2018/1420 .
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[uk-legislation-uksi][uksi] 2025-12-01 The National Health Service (Help with Health Costs) (Miscellaneous Amendments) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1165/made
http://www.legislation.gov.uk/uksi/2025/1165/made The National Health Service (Help with Health Costs) (Miscellaneous Amendments) Regulations 2025 en King's Printer of Acts of Parliament 2025-11-06 NATIONAL HEALTH SERVICE, ENGLAND These Regulations amend the National Health Service (Charges for Drugs and Appliances) Regulations 2015 (“the Prescription Charges Regulations”), which include the charges that are payable for the supply of NHS drugs and appliances in England. They also amend the Primary Ophthalmic Services Regulations 2008 (“the POS Regulations”), which make provision for who is entitled to free NHS sight tests under the National Health Service Act 2006, and the National Health Service (Optical Charges and Payments) Regulations 2013 (“the Optical Charges Regulations”), which provide help by means of a voucher system for certain eligible groups for the supply, replacement and repair of optical appliances. They also amend the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 (“the TERC Regulations”), which provide, directly and indirectly, for people in England who are in receipt of certain benefits or on low incomes both to be reimbursed for certain travel expenses incurred in obtaining NHS care and to be exempt from paying NHS prescription and dental charges. For present purposes, the relevant arrangements for help with health costs provided for by the TERC Regulations, the POS Regulations and the Optical Charges Regulations are known as the NHS Low Income Scheme. This Statutory Instrument has been printed to correct errors in S.I. 2024/456 and S.I. 2025/636 and is being issued free of charge to all known recipients of those Statutory Instruments. 2025 No. 1165 National Health Service, England The National Health Service (Help with Health Costs) (Miscellaneous Amendments) Regulations 2025 Made 5th November 2025 Laid before Parliament 6th November 2025 Coming into force 1st December 2025 The Secretary of State for Health and Social Care makes the following Regulations in exercise of the powers conferred by sections 115(2)(e), 116(2), 172(1), 174(1) and (3), 178(1)(b) and (2)(a) and (b), 179(1), 180(1), (2)(d) and (5), 182, 183, 184(1) and 272(7) and (8) of the National Health Service Act 2006 . Citation, commencement, extent, application and interpretation 1 1 These Regulations may be cited as the National Health Service (Help with Health Costs) (Miscellaneous Amendments) Regulations 2025 and come into force on 1st December 2025. 2 These Regulations extend to England and Wales and apply only to England . 3 In these Regulations, “ the Prescription Charges Regulations ” means the National Health Service (Charges for Drugs and Appliances) Regulations 2015 . Amendments to regulation 5 of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 2 1 Regulation 5 of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 (entitlement to full remission and payment) is amended as follows. 2 In paragraph (1), after sub-paragraph (d) insert— da that person is part of medical evacuation arrangements from a conflict zone; . 3 After paragraph (1D) insert— 1E For the purposes of paragraph(1)(da), a person is part of medical evacuation arrangements from a conflict zone if— a the person is about to enter or has recently entered the United Kingdom, having been evacuated from an area where there is or has recently been an armed conflict; b the sole or main purpose of the evacuation is or was for them to receive, or for a person they are or were accompanying to receive, medical treatment; c as regards any charge that may be payable under article 3 of the Immigration (Health Charge) Order 2015 (requirement to pay an immigration health charge)— i the person is exempt from paying such a charge by virtue of article 7 of, and any provision of Schedule 2 to, that Order (exemptions from the requirement to pay the immigration health charge), or ii the Secretary of State has exercised their discretion, pursuant to article 8 of that Order (reduction, waiver or refund), to reduce, waive or refund all or part of a charge payable by the person; d the Secretary of State has determined that the person is to benefit from membership of the NHS low income scheme for a specified period (which may be extended by the Secretary of State), regardless of what that person’s or any other person’s resources are; and e the period specified under sub-paragraph (d) has not come to an end. . Amendment to regulation 3 of the Primary Ophthalmic Services Regulations 2008 3 In regulation 3 of the Primary Ophthalmic Services Regulations 2008 (sight tests – eligibility), in paragraph (1), after sub-paragraph (d) insert— da who is, for the purposes of regulation 5(1)(da) of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 (entitlement to full remission and payment), part of medical evacuation arrangements from a conflict zone; . Amendment to regulation 8 of the National Health Service (Optical Charges and Payments) Regulations 2013 4 In regulation 8 of the National Health Service (Optical Charges and Payments) Regulations 2013 (eligibility for a voucher – supply of optical appliances), in paragraph (2), after sub-paragraph (d) insert— da a person who is, for the purposes of regulation 5(1)(da) of the Remission Regulations (entitlement to full remission and payment), part of medical evacuation arrangements from a conflict zone; . New regulation 13C of the Prescription Charges Regulations 5 After regulation 13B of the Prescription Charges Regulations (coronavirus and influenza vaccinations and immunisations) insert— Treatments for tuberculosis 13C 1 No charge is payable under these Regulations in respect of the supply or administration of any drug for the treatment of— a tuberculosis; b the effects of tuberculosis; or c the effects of tuberculosis treatment. 2 Paragraph (1) applies if the supply— a is made in accordance with a patient group direction; or b has been ordered on a prescription form, and the prescriber has included in the form the reference “FS”. . Amendments to regulation 17 of the Prescription Charges Regulations 6 In regulation 17 of the Prescription Charges Regulations (pre-payment certificates: repayment)— a in paragraph (3A) for “or 10(1)(e)” substitute “to 10(1)(f)” ; b in paragraph (3B), for “or 10(1)(e)” substitute “to 10(1)(f)” ; c in paragraph (4)— i in sub-paragraph (a), for “£31.25” substitute “£32.05” , and ii in sub-paragraph (b) and (c)(i) and (ii), for “£111.60”, at each place that it occurs, substitute “£114.50” ; and d in paragraph (5), for “£31.25” substitute “£32.05” . Signed by authority of the Secretary of State for Health and Social Care Karin Smyth Minister of State Department of Health and Social Care 5th November 2025 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend the National Health Service (Charges for Drugs and Appliances) Regulations 2015 (“ the Prescription Charges Regulations ”), which include the charges that are payable for the supply of NHS drugs and appliances in England. They also amend the Primary Ophthalmic Services Regulations 2008 (“ the POS Regulations ”), which make provision for who is entitled to free NHS sight tests under the National Health Service Act 2006, and the National Health Service (Optical Charges and Payments) Regulations 2013 (“ the Optical Charges Regulations ”), which provide help by means of a voucher system for certain eligible groups for the supply, replacement and repair of optical appliances. They also amend the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 (“ the TERC Regulations ”), which provide, directly and indirectly, for people in England who are in receipt of certain benefits or on low incomes both to be reimbursed for certain travel expenses incurred in obtaining NHS care and to be exempt from paying NHS prescription and dental charges. For present purposes, the relevant arrangements for help with health costs provided for by the TERC Regulations, the POS Regulations and the Optical Charges Regulations are known as the NHS Low Income Scheme. The Secretary of State is given a discretion to grant membership of the NHS Low Income Scheme to people coming to the United Kingdom as part of medical evacuation arrangements from a conflict zone. This membership is to be for a specified period, although that period may be extended (regulations 2 to 4). The Prescription Charges Regulations are amended in three respects. Firstly, drugs supplied as part of NHS treatment for tuberculosis, its effects or the effects of its treatment are to be supplied free of any prescription charge that would otherwise be payable (regulation 5). Secondly, amendments were made by the National Health Service (Charges, Remission of Charges and Pharmaceutical Services etc.) (Amendment and Transitional Provisions) Regulations 2025 ( S.I. 2025/636 ) to enable automatic cancellation of, and refunds for, prepayment certificates purchased by persons who become entitled to a maternity or medical exemption certificate – but people undergoing treatment for or related to cancer were inadvertently left out of those automatic arrangements and this has been corrected (regulation 6). Thirdly, regulation 17 is amended so that the refunds for pre-payment certificates mirror the cost of purchasing them, and in doing so this reflects the increase in the costs of pre-payment certificate as set out in regulation 16, as amended by the National Health Service (Charges for Drugs and Appliances) (Amendment) Regulation 2024 ( S.I. 2024/456 ). The figure for a 3-month pre-payment certificate is now £32.05 instead of £31.25, and the figure for a 12-months pre-payment certificate is now £114.50 instead of £111.60 in respect of the refunding arrangements that apply in the circumstances specified in that regulation. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sectors is foreseen, and only a limited impact on the public sector, below the threshold for producing a full impact assessment. 2006 c. 41 . Section 180(1) has been amended by the Health and Care Act 2022 (c. 31) , Schedule 1, paragraph 1(1). Section 180(2) has been amended by the Health Act 2009 (c. 21) , section 34 and Schedule 6. Section 183 has been amended by the Health and Social Care Act 2012 (c. 7) , Schedule 4, paragraph 98, the Health and Care Act 2022 (c. 31) , Schedule 1, paragraph 1 and Schedule 4, paragraph 106; and S.I. 2010/915 and 2019/776 and 777 . See section 275(1) of the National Health Service Act 2006 for the definitions of “prescribed” and “regulations” that are relevant to the powers being exercised. By virtue of section 271(1) of the National Health Service Act 2006, the functions of the Secretary of State being exercised in the making of these Regulations are exercisable only in relation to England. S.I. 2015/570 , as amended. S.I. 2003/2382 . Amendments have been made to regulation 5 by S.I. 2004/936 , 2006/562 , 2008/1697 , 2013/475 , 2015/570 , 643 and 1776 , 2016/1045 and 2025/636 . S.I. 2015/792 . Schedule 2 has been amended by S.I. 2016/400 , 2017/420 , 2019/686 and 745 , 2020/1086 and 2024/55 . Details of the scheme can be found at www.nhsbsa.nhs.uk/nhs-low-income-scheme . S.I. 2008/1186 . Regulation 3(1) has been amended by S.I. 2013/365 and 2016/211 . S.I. 2003/2382 . Amendments have been made to regulation 5 by S.I. 2004/936 , 2006/562 , 2008/1697 , 2013/475 , 2015/570 , 643 and 1776 , 2016/1045 and 2025/636 . S.I. 2013/461 . Regulation 8(2) has been amended by S.I. 2024/1240 . Regulation 13B was inserted by S.I. 2020/1126 . Regulation 17 has been amended by S.I. 2021/178 , S.I. 2023/171 , S.I. 2023/300 , S.I. 2024/456 and S.I. 2025/636 .
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[uk-legislation-uksi][uksi] 2025-12-01 The Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1153/made
http://www.legislation.gov.uk/uksi/2025/1153/made The Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025 King's Printer of Acts of Parliament 2025-11-04 EMPLOYMENT TRIBUNALS These Regulations amend the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014 (“the 2014 Regulations”) to provide for a twelve-week period for early conciliation. These Regulations come into force on 1st December 2025. 2025 No. 1153 EMPLOYMENT TRIBUNALS The Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025 Made 3rd November 2025 Laid before Parliament 4th November 2025 Coming into force 1st December 2025 The Secretary of State makes these Regulations in exercise of the powers conferred by sections 18A(11) and (12)(c) and 41(4) of the Employment Tribunals Act 1996 . Citation, commencement and extent 1 1 These Regulations may be cited as the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025. 2 These Regulations come into force on 1st December 2025. 3 These Regulations extend to England and Wales and Scotland. Amendment to the Schedule to the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014 2 In the Schedule to the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014 , in rule 6 at paragraph (1) for “six” substitute “12” . Transitional provision 3 The amendment to the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014 made by regulation 2 applies when a prospective claimant has presented an early conciliation form to ACAS or telephoned ACAS in accordance with rule 1 of the Schedule to the Employment Tribunals (Early Conciliation: Exemptions And Rules of Procedure) Regulations 2014 on or after 1st December 2025. Kate Dearden Parliamentary Under-Secretary of State Department for Business and Trade 3rd November 2025 Explanatory Note (This note is not part of the Regulations) These Regulations amend the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014 (“ the 2014 Regulations ”) to provide for a twelve-week period for early conciliation. These Regulations come into force on 1st December 2025. Regulation 2 amends rule 6 of the Schedule to the 2014 Regulations to provide for a twelve-week period for early conciliation. Regulation 3 provides for a transitional arrangement in relation to the period for early conciliation. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. A de minimis impact assessment is available on request from the Department for Business and Trade, Old Admiralty Building, Admiralty Place, London, SW1A 2DY. 1996 c. 17 ; by virtue of the Employment Rights (Dispute Resolution) Act 1998 (c. 8) industrial tribunals were renamed employment tribunals and references to “industrial tribunal” and “industrial tribunals” in any enactment were substituted with “employment tribunal” and “employment tribunals”. Section 18A was inserted by the Enterprise and Regulatory Reform Act 2013 (c. 24) , section 7(1). Section 18A(11) and (12) were amended by the Judicial Review and Courts Act 2022 (c. 35) , Schedule 5, paragraph 15. S.I. 2014/254 , amended by S.I. 2020/1003 ; there are other amending instruments but none is relevant.
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[uk-legislation-uksi][uksi] 2025-12-01 The Aviation Safety (Amendment) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1150/made
http://www.legislation.gov.uk/uksi/2025/1150/made The Aviation Safety (Amendment) Regulations 2025 en King's Printer of Acts of Parliament 2025-11-04 RETAINED EU LAW REFORM CIVIL AVIATION These Regulations amend assimilated EU law in the field of aviation safety using powers conferred by Regulation (EU) 2018/1139 of 4 July 2018 on common rules in the field of civil aviation (‘the Basic Regulation’) and the Retained EU Law (Revocation and Reform) Act 2023. The Aviation Safety (Amendment) Regulations 2025 This Statutory Instrument has been printed to correct errors in S.I. 2024/1290 and is being issued free of charge to all known recipients of that Statutory Instrument. 2025 No. 1150 Retained Eu Law Reform Civil Aviation The Aviation Safety (Amendment) Regulations 2025 Made 28th October 2025 Coming into force 1st December 2025 The Secretary of State makes these Regulations in exercise of the powers conferred by Article 17(1) of Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and sections 14(1), 14(2) and 14(4)(c) of the Retained EU Law (Revocation and Reform) Act 2023 (“ the 2023 Act ”) . The Secretary of State is a relevant national authority for the purposes of sections 14(1) and 14(2) of the 2023 Act . In accordance with paragraphs 2(1) to 3, 5(1) and 5(2) of Schedule 5 to the 2023 Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament. Citation, commencement and extent 1 1 These Regulations may be cited as the Aviation Safety (Amendment) Regulations 2025. 2 These Regulations come into force on 1st December 2025. 3 These Regulations extend to England and Wales, Scotland and Northern Ireland. Amendment of Commission Regulation (EU) No 1321/2014 2 1 Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks is amended as follows. 2 In Annex 1 (Part-M), Section A (technical requirements)— a in Subpart C (continuing airworthiness), in point M.A.305 (aircraft continuing airworthiness record system), in point (e)(3)(iii), for “(c) of point 21.A.307” substitute “21.A.307(b)(2)” ; b in Subpart D (maintenance standards)— i for point M.A.401 (maintenance data) substitute— a The person or organisation maintaining an aircraft must have access to and use only current applicable maintenance data in the performance of maintenance including modifications and repairs. b For the purposes of this Part, applicable maintenance data is: 1 any applicable requirement, procedure, standard or information issued by the CAA, 2 any applicable airworthiness directive, 3 the applicable instructions for continued airworthiness and any other maintenance instructions issued by the type-certificate holder, supplementary type-certificate holder and any other organisation that publishes such data in accordance with Annex I (Part 21) to Regulation (EU) No 748/2012 , 4 for components approved for installation by the design approval holder, the applicable maintenance instructions published by the component manufacturers and acceptable to the design approval holder, 5 any applicable data issued in accordance with point 145.A.45(d). c The person or organisation maintaining an aircraft must ensure that all applicable maintenance data is current and readily available for use when required. The person or organisation must establish a work card or worksheet system to be used and must either transcribe accurately the maintenance data onto such work cards or worksheets or make precise reference to the particular maintenance task or tasks contained in such maintenance data. ; ii in point M.A.403 (aircraft defects), for point (b) substitute— b Except when the MEL is used by the pilot or the certifying staff, only the certifying staff referred to in point M.A.801(b)(1), in Subpart F of this Annex, in Annex II (Part-145), in Annex Vd (Part-CAO), or the person authorised in accordance with point M.A.801(c) can decide, using maintenance data referred to in point M.A.401, whether an aircraft defect is a serious hazard to the flight safety and when and which rectification action must be taken before further flight and which defect rectification can be deferred. ; c in Subpart E (components)— i in point M.A.501 (classification and installation), in point (a)(1), for “unless otherwise specified” to “Annex Vd (Part-CAO)” substitute “unless otherwise specified in point 21.A.307 of Annex I (Part-21) to Regulation (EU) No 748/2012 or in this Annex (Part-M) or in Annex Vd (Part-CAO)” ; ii for point M.A.502 (component maintenance) substitute— a The maintenance of components other than the components referred to in points (b)(2) to (b)(6) of point 21.A.307 of Annex I (Part 21) to Regulation (EU) No 748/2012 must be performed by maintenance organisations approved in accordance with Subpart F of this Annex or with Annex II (Part-145) or with Annex Vd (Part-CAO), as applicable. b By way of derogation from point (a), where a component is fitted to the aircraft, the maintenance of such component may be performed by an aircraft maintenance organisation approved in accordance with Subpart F of this Annex, Annex II (Part-145) or Annex Vd (Part-CAO) or by certifying staff referred to in point M.A.801(b)(1). Such maintenance must be performed in accordance with aircraft maintenance data or in accordance with component maintenance data if agreed by the CAA. Such aircraft maintenance organisation or certifying staff may temporarily remove the component for maintenance if this is necessary to improve access to the component, except where additional maintenance is required due to the removal. Component maintenance performed in accordance with this point is not eligible for the issuance of a CAA Form 1 and is subject to the aircraft release requirements provided for in point M.A.801. c By way of derogation from point (a), where a component is fitted to the engine or auxiliary power unit (‘APU’), the maintenance of such component may be performed by an engine maintenance organisation approved in accordance with Subpart F of this Annex, Annex II (Part-145) or Annex Vd (Part-CAO). Such maintenance must be performed in accordance with engine or APU maintenance data or in accordance with component maintenance data if agreed by the CAA. An engine maintenance organisation may temporarily remove the component for maintenance if this is necessary to improve access to the component, except where additional maintenance is required due to the removal. Points (a) to (c) above do not apply to components referred to in point (c) of point 21.A.307 of Annex I (Part-21) to Regulation (EU) No 748/2012 . d Maintenance of components referred to in point (b)(2) of point 21.A.307 of Annex I (Part 21) to Regulation (EU) No 748/2012 , where the component is fitted to the aircraft or is temporarily removed to improve access, must be performed by an aircraft maintenance organisation approved in accordance with Subpart F of this Annex, Annex II (Part-145) or Annex Vd (Part-CAO), as applicable, by certifying staff referred to in point (b)(1) of point M.A.801 or by the pilot-owner referred to in point (b)(2) of point M.A.801. Component maintenance performed in accordance with this point is not eligible for the issuance of a CAA Form 1 and is subject to the aircraft release requirements provided for in point M.A.801. e Maintenance of components referred to in points (b)(3) to (b)(6) of point 21.A.307 of Annex I (Part 21) to Regulation (EU) No 748/2012 must be performed by either the organisation referred to in point (a), or, if performed by a different person or organisation, that person or organisation must issue a “declaration of maintenance accomplished” in accordance with point (f). f The “declaration of maintenance accomplished” must include basic details of the maintenance carried out, the date on which the maintenance was completed, and the name of the organisation or person that issued it. It will be considered a maintenance record and equivalent to a CAA Form 1 in respect of the maintained component. ; d in Subpart H (certificate of release to service – CRS), in point M.A.802 (component certificate to release to service), in point (a), after “Annex II (Part-145)” insert “and for the cases covered by point (e) of point M.A.502” . 3 In Annex 2 (part-145)— a in Section A (technical and organisational requirements)— i in point 145.A.42 (components), in point (a)(i), for “Annex III (Part-ML)” substitute “Annex Vb (Part-ML)” ; ii in point 145.A.45 (maintenance data)— aa in point (a), for “145.A.55(c)” substitute “145.A.55(a)(3)” ; bb in point (e), for “correctly completely” substitute “correctly completed” ; iii for point 145.A.50 (certification of maintenance) substitute— a A certificate of release to service must be issued by appropriately authorised certifying staff on behalf of the organisation when it has been verified that all maintenance ordered has been properly carried out by the organisation in accordance with the procedures specified in point 145.A.70, taking into account the availability and use of the maintenance data specified in point 145.A.45 and that there are no known non-compliances which endanger flight safety. b A certificate of release to service must be issued before flight at the completion of any maintenance. c New defects or incomplete maintenance work orders identified during the above maintenance must be brought to the attention of the person or organisation responsible for the aircraft’s continuing airworthiness for the specific purpose of obtaining agreement to rectify such defects or completing the missing elements of the maintenance work order. Where that person or organisation declines to have such maintenance carried out under this point, point (e) will apply. d A certificate of release to service must be issued by appropriately authorised certifying staff on behalf of the organisation after the maintenance that was ordered has been carried out on a component whilst it was off the aircraft. The authorised release certificate “CAA Form 1” referred to in Appendix II of Annex I (Part-M) constitutes the component certificate of release to service unless otherwise specified in point M.A.502 of Annex I (Part-M) or ML.A.502 of Annex Vb (Part-ML). Where an organisation maintains a component for its own use, a CAA Form 1 may not be necessary if so provided in the organisation’s internal release procedures in its MOE. e By way of derogation from point (a), when the organisation is unable to complete all maintenance ordered, it may issue a certificate of release to service within the approved aircraft limitations. The organisation must enter such fact in the aircraft certificate of release to service before the issue of such certificate. f By way of derogation from point 145.A.50(a) and point 145.A.42, when an aircraft is grounded at a location other than the main line station or main maintenance base due to the non-availability of a component with the appropriate release certificate, the organisation contracted to maintain that aircraft may temporarily fit a component without the appropriate release certificate and the aircraft may fly for a maximum of 30 flight hours or until the aircraft first returns to the main line station or main maintenance base, whichever is the sooner where: i the person or organisation responsible for the aircraft’s continuing airworthiness has agreed to this, ii there is a suitable release certificate, and iii all other applicable maintenance and operational requirements have been met. g All temporarily fitted components mentioned in point (f) must be removed by the end of the period of time specified in point (f) that the aircraft may fly for unless an appropriate release certificate has been obtained in the meantime under point 145.A.50(a) and point 145.A.42. ; iv for point 145.A.55 (maintenance and airworthiness review records), including the heading, substitute— 145.A.55 Record-keeping a Maintenance records 1 The organisation must record the details of the maintenance work that is carried out within the scope of its approval. As a minimum, the organisation must retain all the records that are necessary to prove that all the requirements have been met for the issue of the certificate of release to service, including, if any, subcontractors’ release documents. 2 The organisation must provide a copy of each certificate of release to service to the operator or customer, together with copies of the detailed maintenance records that are associated with the work carried out and that are necessary to demonstrate compliance with point M.A.305 of Annex I (Part-M) or point ML.A.305 of Annex Vb (Part-ML), as applicable. 3 The organisation must retain a copy of all detailed maintenance records (including certificates of release to service) and of any associated maintenance data for 3 years from the date when the aircraft or component to which the work relates was issued with a certificate of release to service. 4 If an organisation terminates its operation: i it must transfer all of the retained maintenance records that it holds for the last 3 years of its operation to the last customer to place the maintenance order for the aircraft or component, or, where the owner of the aircraft or component is different from that last customer, to the owner; ii where the last customer or the owner referred to in point (i) is not known or is disputed, the organisation must notify the CAA and must store all of the retained maintenance records that it holds for the last 3 years of its operation in the manner to then be specified by the CAA. b Airworthiness review records 1 If an organisation has the privilege referred to in point 145.A.75(f), it must retain a copy of each airworthiness review certificate that it has issued, together with all the supporting documents, and must make those records available, upon request, to the owner of the aircraft. 2 The records referred to in point (1) must be retained by the organisation for 3 years after the date of issue of the airworthiness review certificate. 3 If an organisation terminates its operation: i it must transfer all of the retained airworthiness review records that it holds for the last 3 years of its operation to the last customer to order the airworthiness review for the respective aircraft, or, where the owner of the respective aircraft is different from that last customer, to the owner; ii where the last customer or the owner referred to in point (i) is not known or is disputed, the organisation must notify the CAA and must store all of the retained airworthiness review records that it holds for the last 3 years of its operation in the manner to then be specified by the CAA. c Management system, contracting and subcontracting records The following records must be retained by the organisation for at least 5 years: i records of management system processes referred to in point 145.A.200; ii contracts for contracting and subcontracting referred to in point 145.A.205. d Personnel records 1 The organisation must retain records of the qualifications, training and experience of: i the personnel involved in maintenance, compliance monitoring and safety management; ii all airworthiness review staff. 2 The records of all airworthiness review staff must include details of any appropriate qualifications held, together with a summary of the staff member’s relevant continuing airworthiness experience and training, and a copy of the airworthiness review authorisation issued to that staff member by the organisation. 3 The records of all the certifying staff and support staff must include the following: i the details of any aircraft maintenance licence held under Annex III (Part-66) or equivalent; ii the scope of the certification authorisation issued to the staff member, where relevant; iii the detailed requirements of any limited or one-off certification authorisations issued to the staff member in accordance with point 145.A.30(j). 4 Personnel records must be kept for as long as a person works for the organisation and must be retained for 3 years after the person has left the organisation or for 3 years after an authorisation issued to that person has been withdrawn. 5 Airworthiness review staff, certifying staff and support staff must be provided with a copy of their personnel records upon their request and upon their leaving the organisation. e The organisation must establish a record-keeping system that allows adequate storage and where records of all of its activities are legible and stored in a manner enabling them to be traced and retrieved. f The format of the records must be specified in the organisation’s procedures. g The records must be stored in a manner that ensures that they are protected from damage, alteration and theft. ; v in point 145.A.60 (occurrence reporting), after “report to the CAA” omit “, the state of registry”; vi in point 145.A.70 (maintenance organisation exposition)— aa in point (a)(10), after “the CAA” insert “, as required by point 145.A.85(c)” ; bb in point (c), for “145.A.85” substitute “145.A.85(a)” ; vii for point 145.A.85 (changes to the organisation) substitute— a The following changes to the organisation require prior approval by the CAA: 1 changes to the organisation’s certificate, including the terms of approval; 2 changes to the person referred to in point 145.A.30(b); 3 changes to the reporting lines between the personnel nominated in accordance with point 145.A.30(b) and the accountable manager; 4 the procedure referred to in point (c); and 5 additional locations of the organisation other than those that are mentioned in point 145.A.75(c). b For the changes referred to in point (a) and for all other changes requiring prior approval in accordance with this Annex, the organisation must apply for and obtain an approval issued by the CAA. The application must be submitted before such changes take place. In particular: 1 The organisation must provide the CAA with any relevant documentation. 2 The change must only be implemented upon the receipt of a formal approval from the CAA in accordance with point 145.B.330. 3 The organisation must operate under any conditions prescribed by the CAA during such changes. c All changes not requiring prior approval must be managed and notified to the CAA as set out in a procedure which is approved by the CAA in accordance with point 145.B.310(h). ; viii for point 145.A.155 (immediate reaction to a safety problem) substitute— The organisation must implement any safety measures mandated by the CAA in accordance with point 145.B.135. ; b in Section B (CAA requirements), point 145.B.310 (initial certification procedure), in point (h), for “145.A.70(a)(10)” substitute “145.A.85(c)” ; c in Appendix 2 (class and rating system for the terms of approval of part-145 maintenance organisations), in point (k)— i for “145.A.85” substitute “145.A.85(a)(1)” ; ii for “145.A.70(a)(10)” substitute “145.A.85(c)” . 4 In Annex 3 (part-66), Appendix 8 (basic examination standard for category L aircraft maintenance licence), at the end of point (a)(v) insert— ; vi subject to point (vii), a failed module may not be retaken for at least 90 days from the date of the failed module examination; vii in cases where an organisation approved in accordance with Annex IV (Part-147), or in accordance with Annex Vd (Part CAO) for balloons or sailplanes only, conducts a course of training tailored to the failed subjects in the particular module, the failed module may then be re-taken after 30 days, provided that where the organisation is approved in accordance with Annex Vd (Part CAO) for balloons or sailplanes it must hold the maintenance and continuing airworthiness management privileges together with an approval from the CAA to conduct the course of tailored training; viii the time periods prescribed by point 66.A.25 apply to each individual module examination, with the exception of those module examinations which were passed as part of another category licence where the licence has already been issued; ix the maximum number of consecutive attempts for each examination is three in a 12-month rolling period . Amendment of Regulation (EU) 2018/1139 3 1 Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation is amended as follows. 2 In article 62 (certification, oversight and enforcement), in paragraph 14, omit point (e). 3 In article 69 (qualified entities), in paragraph 1, omit the words “in accordance with regulations made under point (e) of the first sub-paragraph of Article 62(14)”. Signed by authority of the Secretary of State for Transport Keir Mather Parliamentary Under Secretary of State Department for Transport 28th October 2025 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend assimilated EU law in the field of aviation safety using powers conferred by Regulation (EU) 2018/1139 of 4 July 2018 on common rules in the field of civil aviation (‘the Basic Regulation’) and the Retained EU Law (Revocation and Reform) Act 2023. Regulation 2 amends Commission Regulation (EU) No 1321/2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks. Regulation 2(2) amends Annex 1 (Part-M) to correct incorrect cross references and terminological errors. It also specifies the components not requiring Form 1 in Part 21 for maintenance purposes and permits certain components to be fitted without a Form 1, provided a “declaration of maintenance” is issued, the details of which are provided in this regulation. Regulation 2(3) amends Annex 2 (Part-145) to ensure consistency of terminology, provide clarity on maintenance responsibilities and requirements for record-keeping and to reinstate references which had previously been erroneously omitted. Regulation 2(4) amends Annex 3 (Part-66), Appendix 8 (basic examination standard for category L aircraft maintenance licence) to prescribe circumstances under which category L aircraft maintenance examinations may be re-taken. Regulation 3 amends articles 62 and 69 of the Basic Regulation to revoke the requirement that the Secretary of State make regulations as to the criteria for accreditation by the CAA of qualified entities as the criteria are already provided in Annex 6 to the Basic Regulation. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or business sectors is foreseen. An Explanatory Memorandum has been published alongside these Regulations and is available at www.legislation.gov.uk . EUR 2018/1139, amended by S.I. 2019/645 and 2022/637 . There are other amendments but none are relevant. 2023 c. 28 , to which there are amendments not relevant to these Regulations. The term “relevant national authority” is defined in section 21(1) of the Retained EU Law (Revocation and Reform) Act 2023. EUR 2014/1321, amended by S.I. 2019/645 , 2020/1116 , 2023/588 and 2024/1290 . EUR 2018/1139, amended by S.I. 2019/645 and 2022/637 . There are other amendments but none are relevant.
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[uk-legislation-uksi][uksi] 2025-12-01 The Power to Award Degrees etc. (University for the Creative Arts) Order 2025
http://www.legislation.gov.uk/uksi/2025/1127/made
http://www.legislation.gov.uk/uksi/2025/1127/made The Power to Award Degrees etc. (University for the Creative Arts) Order 2025 en King's Printer of Acts of Parliament 2025-10-29 EDUCATION, ENGLAND This Order authorises University for the Creative Arts to grant research awards for a fixed term beginning on 1st December 2025 and expiring at the end of the day on 29th November 2028. 2025 No. 1127 Education, England The Power to Award Degrees etc. (University for the Creative Arts) Order 2025 Made 24th October 2025 Coming into force 1st December 2025 The Office for Students, in exercise of the powers conferred by sections 42(1) and 43(1) of the Higher Education and Research Act 2017 , makes the following Order. The Office for Students has requested advice from the relevant body regarding the quality of, and standards applied to, higher education provided by the provider, and has had regard to that advice, in accordance with section 46(1)(a) and (7) of that Act. Citation and commencement 1 This Order may be cited as the Power to Award Degrees etc. (University for the Creative Arts) Order 2025 and comes into force on 1st December 2025. Authorisation to grant awards 2 University for the Creative Arts is authorised to grant research awards of the kind mentioned in section 42(2)(a) of the said Act for a fixed term beginning on 1st December 2025 and expiring at the end of the day on 29th November 2028. 3 University for the Creative Arts may authorise other institutions to grant such awards as specified in article 2 of this Order on its behalf. Nicholas Holland Head of Quality and Standards Office for Students 24th October 2025 EXPLANATORY NOTE (This note is not part of the Order) This Order authorises University for the Creative Arts to grant research awards for a fixed term beginning on 1st December 2025 and expiring at the end of the day on 29th November 2028. An impact assessment has not been produced for this instrument as it has no impact on businesses and civil society organisations. The instrument has no impact on the public sector. 2017 c. 29 .
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[uk-legislation-uksi][uksi] 2025-12-02 The Protection of Freedoms Act 2012 (Definition of Relevant Land) (Amendment) Order 2025
http://www.legislation.gov.uk/uksi/2025/1256/made
http://www.legislation.gov.uk/uksi/2025/1256/made The Protection of Freedoms Act 2012 (Definition of Relevant Land) (Amendment) Order 2025 en King's Printer of Acts of Parliament 2025-12-02 TRANSPORT, ENGLAND AND WALES This Order amends the Protection of Freedoms Act 2012 to bring land subject to the Railway Byelaws within the definition of relevant land in Schedule 4 to that Act in order to facilitate the recovery of unpaid car parking charges from the keeper or hirer of a vehicle parked in a station car park. The Protection of Freedoms Act 2012 (Definition of Relevant Land) (Amendment) Order 2025 2025 No. 1256 Transport, England And Wales The Protection of Freedoms Act 2012 (Definition of Relevant Land) (Amendment) Order 2025 Made 27th November 2025 Coming into force 26th December 2025 The Secretary of State, in exercise of powers conferred by paragraph 16(1)(a) of Schedule 4 to the Protection of Freedoms Act 2012 makes the following Order. A draft of this instrument was laid before Parliament in accordance with paragraph 17(2) of Schedule 4 to the Protection of Freedoms Act 2012 and approved by a resolution of each House of Parliament. Citation, commencement and extent 1 1 This Order may be cited as the Protection of Freedoms Act 2012 (Definition of Relevant Land) (Amendment) Order 2025 and comes into force 29 days after the day on which it is made. 2 This Order extends to England and Wales. Amendment to Schedule 4 to the Protection of Freedoms Act 2012 2 At the end of paragraph 3(4) of Schedule 4 to the Protection of Freedoms Act 2012 insert “, but not byelaws made under section 219 of the Transport Act 2000 by the Strategic Rail Authority, confirmed under Schedule 20 of the Transport Act 2000 and preserved by section 46(4) of the Railways Act 2005 ” . Signed by authority of the Secretary of State for Transport Hendy of Richmond Hill Minister of State Department for Transport 27th November 2025 EXPLANATORY NOTE (This note is not part of the Order) This Order amends the Protection of Freedoms Act 2012 to bring land subject to the Railway Byelaws within the definition of relevant land in Schedule 4 to that Act in order to facilitate the recovery of unpaid car parking charges from the keeper or hirer of a vehicle parked in a station car park. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. An Explanatory Memorandum is published alongside the instrument on www.legislation.gov.uk . 2012 c. 9 . 2000 c. 38 . Section 219 of, and Schedule 20 to, the Transport Act 2000 were repealed by paragraph 36(c) of Schedule 1 and Part 1 of Schedule 13 to the Railways Act 2005. 2005 c. 14 .
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[uk-legislation-uksi][uksi] 2025-12-02 The Control of Mercury (Amendment) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1255/made
http://www.legislation.gov.uk/uksi/2025/1255/made The Control of Mercury (Amendment) Regulations 2025 King's Printer of Acts of Parliament 2025-12-02 ENVIRONMENTAL PROTECTION These Regulations amend Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury (EUR 2017/852) (“the Mercury Regulation”). These amendments extend to England and Wales and Scotland only. 2025 No. 1255 ENVIRONMENTAL PROTECTION The Control of Mercury (Amendment) Regulations 2025 Made 1st December 2025 Laid before Parliament 2nd December 2025 Coming into force 23rd December 2025 The Secretary of State makes these Regulations in exercise of the powers conferred by Article 20(1) of Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury . In accordance with Article 21(8) of that Regulation, the Secretary of State makes these Regulations with the consent of the Welsh Ministers and the Scottish Ministers. Citation, commencement and extent 1 1 These Regulations may be cited as the Control of Mercury (Amendment) Regulations 2025. 2 These Regulations come into force on 23rd December 2025. 3 These Regulations extend to England and Wales and Scotland. Amendment of Part A of Annex 2 to Regulation (EU) 2017/852 2 1 Part A of Annex 2 to Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury is amended as follows. 2 After entry 2 insert— 2A. Very high accuracy capacitance and loss measurement bridges and high frequency radio frequency switches and relays in monitoring and control instruments with a maximum mercury content of 20 mg per bridge, switch or relay, except those used for research and development purposes. 31.12.2025 . 3 After entry 3 insert— 3A. CFLs for general lighting purposes: CFL.i ≤ 30 watts not covered by entry 3, point (a). 31.12.2025 3B. The following CFLs for general lighting purposes: CFL.ni ≤ 30 watts not covered by entry 3, point (b); CFL.i > 30 watts; CFL.ni > 30 watts. 31.12.2026 . 4 After entry 4 insert— 4A. LFLs for general lighting purposes: triband phosphor not covered by entry 4, point (a). 31.12.2027 4B. LFLs for general lighting purposes: halophosphate phosphor not covered by entry 4, point (b). 31.12.2026 4C. Non-linear fluorescent lamps (NFLs) (e.g. U-bend or circular) for general lighting purposes: halophosphate phosphor. 31.12.2026 4D. NFLs for general lighting purposes: triband phosphor. 31.12.2027 . 5 After entry 6 insert— 6A. CCFLs and EEFLs for electronic displays not covered by any of points (a) to (c) of entry 6. 31.12.2025 . 6 After entry 9 insert— 10. Strain gauges to be used in or with plethysmographs and not covered by entry 9, point (f). 31.12.2025 11. The following electrical and electronic measuring devices: melt pressure transducers; melt pressure transmitters; melt pressure sensors. This entry does not cover devices installed in large-scale equipment or used for high precision measurement, where no suitable mercury-free alternative is available. 31.12.2025 12. Mercury vacuum pumps. 31.12.2025 13. Tyre balancers and wheel weights. 31.12.2025 14. Photographic film and paper. 31.12.2025 15. Propellant for satellites and spacecraft. 31.12.2025 . Emma Hardy Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs 1st December 2025 Explanatory Note (This note is not part of the Regulations) These Regulations amend Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury (EUR 2017/852) (“ the Mercury Regulation ”). These amendments extend to England and Wales and Scotland only. Annex 2 to the Mercury Regulation is amended to align it with the following decisions of the Conference of the Parties to the Minamata Convention on Mercury (Cm 9688)— decision MC - 4/3, adopted at the 4th Conference of the Parties (CP 1079), and decision MC - 5/4, adopted at the 5th Conference of the Parties (UNEP/MC/COP.5/Dec.4. A copy of the decision is available at: https://minamataconvention.org/en/documents/amendments-annexes-and-b-and-feasibility-mercury-free-alternatives-manufacturing ). A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. A de minimis impact assessment is available from the Department for Environment, Food and Rural Affairs, Seacole Building, 2 Marsham Street, London SW1P 4DF and is published with the Explanatory Memorandum alongside this instrument at www.legislation.gov.uk . EUR 2017/852; relevant amendments were made by S.I. 2020/1620 .
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[uk-legislation-uksi][uksi] 2025-12-02 The Van Benefit and Car and Van Fuel Benefit Order 2025
http://www.legislation.gov.uk/uksi/2025/1254/made
http://www.legislation.gov.uk/uksi/2025/1254/made The Van Benefit and Car and Van Fuel Benefit Order 2025 King's Printer of Acts of Parliament 2025-12-02 INCOME TAX This Order amends sections 150(1), 155(1B)(b), and 161(b) of the Income Tax (Earnings and Pensions) Act 2003 (c. 1) (“the Act”). 2025 No. 1254 INCOME TAX The Van Benefit and Car and Van Fuel Benefit Order 2025 Made 1st December 2025 Laid before the House of Commons 2nd December 2025 Coming into force 6th April 2026 The Treasury make the following Order in exercise of the powers conferred by section 170(1A)(c), (2), (5) and (6) of the Income Tax (Earnings and Pensions) Act 2003 . Citation, commencement and application 1 1 This Order may be cited as the Van Benefit and Car and Van Fuel Benefit Order 2025. 2 This Order comes into force on 6th April 2026 and applies to the tax year 2026-27 and subsequent tax years Amendments to the Income Tax (Earnings and Pensions) Act 2003 2 1 The Income Tax (Earnings and Pensions) Act 2003 is amended as follows. 2 In section 150(1) (car fuel: calculating the cash equivalent) , for “£28,200” substitute “£29,200” . 3 In section 155(1B)(b) (cash equivalent of the benefit of a van) , for “£4,020” substitute “£4,170” . 4 In section 161(b) (van fuel: the cash equivalent) , for “£769” substitute “£798” . Gen Kitchen Stephen Morgan Two of the Lords Commissioners of His Majesty's Treasury 1st December 2025 Explanatory Note (This note is not part of the Order) This Order amends sections 150(1), 155(1B)(b), and 161(b) of the Income Tax (Earnings and Pensions) Act 2003 (c. 1) (“ the Act ”). Where an employee receives fuel for a car or van as a result of their employment and they are chargeable to tax in respect of the vehicle under sections 120 or 154 of the Act, the cash equivalent of the benefit of that fuel is treated as earnings under sections 149 and 160 of the Act. The cash equivalent of the benefit of the fuel for a car is normally calculated by applying the “ appropriate percentage ” (usually calculated by reference to the CO2 emissions of the car) to the figure in section 150(1) of the Act. Article 2(2) increases this figure to £29,200 for the tax year 2026-27 and subsequent tax years. The cash equivalent of the benefit of fuel for a van is set out in section 161(b) of the Act. Article 2(4) increases this figure to £798 for the tax year 2026-27 and subsequent tax years. Where a van is made available by reason of employment to an employee for private use that is more than insignificant and not limited to ordinary commuting, section 154 of the Act treats the cash equivalent of the benefit as earnings. For vans that cannot in any circumstances emit CO2 by being driven, the cash equivalent of the benefit for the tax years 2021-22 or a subsequent tax year is nil. For other vans, the cash equivalent of the benefit is set out in section 155(1B)(b) of the Act. Article 2(3) increases the figure to £4,170 for the tax year 2026-27 and subsequent tax years. A Tax Information and Impact Note covering this instrument will be published on the website at https://www.gov.uk/government/collections/tax-information-and-impact-notes-tiins . 2003 c. 1 ; Section 170(1A) was inserted by paragraph 7(2) of Schedule 14 to the Finance Act 2004 (c. 12) then substituted by section 10(6) of the Finance Act 2015 (c. 11) . Section 170(2) was amended by paragraph 7(3) of Schedule 14 to the Finance Act 2004. Section 170(5) was amended by paragraph 7(4) of Schedule 14 to the Finance Act 2004. The figure specified in section 150(1) was last substituted by S.I. 2024/1349 . Section 155 was substituted by paragraph 5 of Schedule 14 to the Finance Act 2004. Section 155(1B) was substituted by section 10(2) of the Finance Act 2015. The figure specified in section 155(1B)(b) was last substituted by S.I. 2024/1349 . Section 161 was substituted by paragraph 5 of Schedule 14 to the Finance Act 2004. The figure specified in section 161(b) was last substituted by S.I. 2024/1349 .
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[uk-legislation-uksi][uksi] 2025-12-02 The Education (Specified Courses of Higher Education) (Wales) Regulations 2025
http://www.legislation.gov.uk/wsi/2025/1250/made
http://www.legislation.gov.uk/wsi/2025/1250/made The Education (Specified Courses of Higher Education) (Wales) Regulations 2025 en King's Printer of Acts of Parliament 2025-12-02 EDUCATION, WALES These Regulations are made under section 89(1) and (2) of the Tertiary Education and Research (Wales) Act 2022 (“the Act”). 2025 No. 1250 (W. 201) Education, Wales The Education (Specified Courses of Higher Education) (Wales) Regulations 2025 Made 28 November 2025 Laid before Senedd Cymru 2 December 2025 Coming into force 25 December 2025 The Welsh Ministers, in exercise of the powers conferred on them by section 89(1) and (2) of the Tertiary Education and Research (Wales) Act 2022 , make the following Regulations. Title and coming into force 1 1 The title of these Regulations is the Education (Specified Courses of Higher Education) (Wales) Regulations 2025. 2 These Regulations come into force on 25 December 2025. Specification of higher education courses 2 1 The courses of higher education set out in the Schedule to these Regulations are specified for the purposes of section 89(1) of the Tertiary Education and Research (Wales) Act 2022. 2 In this regulation, “ higher education ” means education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988 . Vikki Howells Minister for Further and Higher Education, under authority of the Cabinet Secretary for Education, one of the Welsh Ministers 28 November 2025 SCHEDULE 1 Regulation 2 1 A course within paragraph 1(g) or (h) of Schedule 6 to the Education Reform Act 1988 (courses in preparation for professional examinations at a higher level or providing education at a higher level). 2 1 A course for the Higher National Diploma or Higher National Certificate of the Business & Technician Education Council which is identified within a recognised Welsh framework. 2 In this paragraph, “ recognised Welsh framework ” has the meaning given by section 12(4) of the Apprenticeships, Skills, Children and Learning Act 2009 . EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations are made under section 89(1) and (2) of the Tertiary Education and Research (Wales) Act 2022 (“ the Act ”). Section 89(3) of the Act enables the Commission for Tertiary Education and Research to provide financial resources to a person in respect of expenditure incurred, or to be incurred, by the person or a collaborating body (as defined in section 89(4) of the Act) for the purpose of the provision of an eligible course wholly or mainly in Wales or the provision of an eligible course to persons who are ordinarily resident in Wales. Regulation 2 provides that the higher education courses set out in the Schedule to these Regulations are specified for the purposes of section 89(1) of the Act, meaning they are eligible courses for the purposes of that section. Paragraph 1 of the Schedule sets out courses that fall within paragraph 1(g) or (h) of Schedule 6 to the Education Reform Act 1988 (“ the 1988 Act ”). A course is within paragraph 1(g) of Schedule 6 if it is a course in preparation for a professional examination and the standard of that examination is higher than the standard of examinations at advanced level for the General Certificate of Education (“GCE A-level”) or the examination for the National Certificate or the National Diploma of the Business & Technician Education Council (“ BTEC ”). A course is within paragraph 1(h) of Schedule 6 to the 1988 Act if the standard of the course (whether or not the course is in preparation for an examination) is higher than the standard of courses providing education in preparation for examinations at GCE A-Level or the examination for the National Certificate or the National Diploma of the BTEC. Paragraph 2 of the Schedule sets out courses for the Higher National Diploma or Higher National Certificate of the BTEC which are identified within an apprenticeship framework issued under section 19(1) of the Apprenticeships, Skills, Children and Learning Act 2009, namely a recognised Welsh framework, from which recognition has not been withdrawn under section 19(2) of that 2009 Act. The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Tertiary Education Directorate, Welsh Government, Cathays Park, Cardiff, CF10 3NQ. 2022 asc 1 . 1988 c. 40 . 2009 c. 22 . There are amendments to section 12 that are not relevant to these Regulations. Section 12 is due to be repealed by the Tertiary Education and Research (Wales) Act 2022, Schedule 4, paragraph 24(1) and (2)(b).
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[uk-legislation-uksi][uksi] 2025-12-02 The Competition Act 1998 (Public Transport Ticketing Schemes Block Exemption) (Amendment) Order 2025
http://www.legislation.gov.uk/uksi/2025/1247/made
http://www.legislation.gov.uk/uksi/2025/1247/made The Competition Act 1998 (Public Transport Ticketing Schemes Block Exemption) (Amendment) Order 2025 King's Printer of Acts of Parliament 2025-12-02 COMPETITION This Order amends the Competition Act 1998 (Public Transport Ticketing Schemes Block Exemption) Order 2001 (S.I. 2001/319) (“the 2001 Order”). The 2001 Order is a block exemption order under section 6 of the Competition Act 1998 (c. 41) (“the Act”), which gives effect to the recommendation originally made by the Director General of Fair Trading that public transport ticketing schemes (as defined in the 2001 Order) for local transport services constitute a category of agreements which are likely to be agreements to which section 9(1) of the Act applies. Agreements which fall within the category specified in the 2001 Order are exempt from the prohibition in Chapter 1 of the Act. 2025 No. 1247 COMPETITION The Competition Act 1998 (Public Transport Ticketing Schemes Block Exemption) (Amendment) Order 2025 Made 25th November 2025 Laid before Parliament 1st December 2025 Coming into force 1st January 2026 In January 2025, in accordance with section 8(1) and (4) of the Competition Act 1998 (“ the Act ”), the Competition and Markets Authority (“the CMA”) published details of its proposed recommendation to the Secretary of State that the Competition Act 1998 (Public Transport Ticketing Schemes Block Exemption) Order 2001 be amended. The CMA considered the representations which were made to it about its proposed recommendation and, in accordance with section 8(3) of the Act , has recommended that the Secretary of State vary that Order . The Secretary of State has decided to give effect to the recommendation without modification and makes this Order in exercise of the powers conferred by sections 6(2)(a) and (7) and 71(3)(a) of the Act. Citation, commencement and extent 1 1 This Order may be cited as the Competition Act 1998 (Public Transport Ticketing Schemes Block Exemption) (Amendment) Order 2025 and comes into force on 1st January 2026. 2 This Order extends to England and Wales, Scotland and Northern Ireland. Amendment of the Competition Act 1998 (Public Transport Ticketing Schemes Block Exemption) Order 2001 2 1 The Competition Act 1998 (Public Transport Ticketing Schemes Block Exemption) Order 2001 is amended as follows. 2 In Article 2, omit the words from “and shall cease to have effect” to the end. 3 In Article 3— a in the definition of “connecting service”, omit “a bus service,”; b in the definition of “vehicle”, for “animal; and” substitute “animal.” ; c omit the definition of “working day”. 4 In Article 22(1), for “28th February 2021” substitute “1st January 2031 and subsequently at intervals not exceeding five years” . Kate Dearden Parliamentary Under Secretary of State Department for Business and Trade 25th November 2025 Explanatory Note (This note is not part of the Order) This Order amends the Competition Act 1998 (Public Transport Ticketing Schemes Block Exemption) Order 2001 ( S.I. 2001/319 ) (“ the 2001 Order ”). The 2001 Order is a block exemption order under section 6 of the Competition Act 1998 (c. 41) (“ the Act ”), which gives effect to the recommendation originally made by the Director General of Fair Trading that public transport ticketing schemes (as defined in the 2001 Order) for local transport services constitute a category of agreements which are likely to be agreements to which section 9(1) of the Act applies. Agreements which fall within the category specified in the 2001 Order are exempt from the prohibition in Chapter 1 of the Act. The 2001 Order was amended by the Competition Act 1998 (Public Transport Ticketing Schemes Block Exemption) (Amendment) Order 2016 ( S.I. 2016/126 ) to extend its duration so that it would cease to have effect at the end of the period of twenty-five years commencing on 1st March 2001. On the recommendation of the Competition and Markets Authority this Order varies the 2001 Order so that it will continue without a fixed duration. Article 2 also amends the definition of “connecting service” to make clear that the definition includes the long distance parts of trunk bus services (which are in effect, long distance services which have some parts operating as local public transport services). This would mean that where passengers are using a trunk bus service to travel longer distances, so distances of 15 miles or more from their starting point, the travel operator could offer passengers a long distance add-on. Where passengers use a trunk bus service to make a local journey of less than 15 miles from their starting point, this would fall outside the definition of a long distance service and therefore a connecting service, and instead be treated as a local public transport service for the purposes of a short distance add-on. Article 2 also omits the definition of “working day” in the 2001 Order. This amendment is incidental or supplemental and is intended to ensure that the definition of “ working day ” for the purposes of the 2001 Order is consistent with that in section 59(1) of the Act. Article 2 also amends the review requirements in the 2001 Order to ensure that the Secretary of State is required to review the Order by 1 January 2031 and afterwards at five-year intervals. A full Impact Assessment has not been prepared for this instrument as no adverse impact on business, charities, voluntary bodies or the public sector is foreseen. 1998 c. 41 . Section 8(1) was amended by paragraph 38(7) of Schedule 25 to the Enterprise Act 2002 (c. 40) and paragraph 3 of Schedule 5 to the Enterprise and Regulatory Reform Act 2013 (c. 24) . S.I. 2001/319 , amended by S.I. 2005/3347 , 2011/227 , 2014/549 , 2016/126 . Section 8(3) was amended by paragraph 38(7) of Schedule 25 to the Enterprise Act 2002 and paragraph 3 of Schedule 5 to the Enterprise and Regulatory Reform Act 2013. The Competition and Markets Authority’s final recommendation can be found online at https://assets.publishing.service.gov.uk/media/678e0d6f2080f65f988bd3d1/CMA_s_final_recommendation_to_Secretary_of_State.pdf or obtained in hard copy by writing to Competition and Markets Authority, The Cabot, 25 Cabot Square, London E14 4QZ.
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[uk-legislation-uksi][uksi] 2025-12-02 The Merchant Shipping (Polar Code) (Safety) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1234/made
http://www.legislation.gov.uk/uksi/2025/1234/made The Merchant Shipping (Polar Code) (Safety) Regulations 2025 en King's Printer of Acts of Parliament 2025-12-02 MERCHANT SHIPPING These Regulations revoke and replace the Merchant Shipping (Polar Code) (Safety) Regulations 2021 (S.I. 2021/1401), which implemented the requirements of Chapter XIV in the Annex to the International Convention for the Safety of Life at Sea, 1974 (“the Convention”) and the safety related requirements for ships in the International Code for Ships Operating in Polar Waters (“the Polar Code”). 2025 No. 1234 Merchant Shipping The Merchant Shipping (Polar Code) (Safety) Regulations 2025 Made 1st December 2025 Laid before Parliament 2nd December 2025 Coming into force 1st January 2026 The Secretary of State is satisfied, for the purposes of section 47(2) of the Merchant Shipping Act 1995 , that it is necessary or expedient, in the interests of safety, to make Regulations in so far as they require ships to carry qualified seamen. The Secretary of State makes these Regulations in exercise of the powers conferred by sections 47(1), (3), (4), (4A) and (4B), 85(1), (3) and (5) to (7), 86(1)(a) to (d), 128(5), 302(1), 306A and 307(1) of the Merchant Shipping Act 1995 , article 2 of the Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 1996 , and article 2 of the Merchant Shipping (Control of Pollution) (SOLAS) Order 1998 , and with the consent of the Treasury. The Secretary of State has consulted such persons in the United Kingdom as the Secretary of State considers will be affected by the exercise of powers in this instrument in accordance with sections 86(4) and 306(4) of the Merchant Shipping Act 1995. PART 1 Preliminary Citation, commencement and extent 1 1 These Regulations may be cited as the Merchant Shipping (Polar Code) (Safety) Regulations 2025 and come into force on 1st January 2026. 2 These Regulations extend to England and Wales, Scotland and Northern Ireland. Amendments and revocations 2 1 The amendments listed in Part 1 of the Schedule have effect. 2 The Regulations listed in the first column of the Table in Part 2 of the Schedule are revoked to the extent specified in the third column of that Table. Interpretation 3 1 In these Regulations— “ Antarctic Area ” has the meaning given to it in regulation 1 of Chapter XIV; “ Arctic waters ” has the meaning given to it in regulation 1 of Chapter XIV; “ cargo ship ” means any ship which is not a passenger ship; “ Chapter XIV ” means Chapter XIV in the Annex to the Convention (safety measures for ships operating in polar waters) and includes the amendments adopted by IMO Resolution MSC.532(107) ; “ Company ” means, in relation to a ship, the operator of the ship, who is either— the owner; or any person who has assumed responsibility for the operation of the ship from the owner; “ Convention ” means the International Convention for the Safety of Life at Sea, 1974 ; “ Convention country ” means a country or territory which is either— a country the Government of which is party to the Convention; or a territory to which the Convention extends, whether or not it is subject to the amendments to, or reservations in respect of, the Convention; “ fishing vessel ” means a ship used for catching fish, whales, seals, walrus or other living resources of the sea; “ gross tonnage ” means gross tonnage determined in accordance with regulation 6 or 12(1) of the Merchant Shipping (Tonnage) Regulations 1997 ; “ IMO ” means the International Maritime Organization, which is a special agency of the United Nations responsible for shipping safety and security and the prevention of pollution; “ length overall ” means the distance between the foreside of the foremost fixed permanent structure and the after side of the aftermost fixed permanent structure; “ master ” includes the skipper of a fishing vessel; “ non-United Kingdom ship ” means any ship other than a United Kingdom ship; “ passenger ” means a person other than— the master and the members of the crew or other persons employed or engaged in any capacity on board a ship on the business of that ship; or a child under one year of age; “ passenger ship ” means a ship which carries more than 12 passengers; “ pleasure vessel ” means— any vessel which at the time it is being used is— in the case of a vessel wholly owned by— an individual or individuals, used only for the sport or pleasure of the owner or the immediate family or friends of the owner; or a body corporate, used only for sport or pleasure and on which the persons on board are employees or officers of the body corporate, or their immediate family or friends; and on a voyage or excursion which is one for which the owner does not receive money for or in connection with operating the vessel or carrying any person, other than as a contribution to the direct expenses of the operation of the vessel incurred during the voyage or excursion; or any vessel wholly owned by or on behalf of a members’ club formed for the purpose of sport or pleasure which, at the time it is being used, is used only for the sport or pleasure of members of that club or their immediate family, and for the use of which any charges levied are paid into club funds and applied for the general use of the club, where, in the case of any vessel referred to in paragraph (a) or (b), no other payments are made by or on behalf of users of the vessel, other than by the owner; and in this definition “ immediate family ” means, in relation to an individual, the spouse or civil partner of the individual, and a relative of the individual or the individual’s spouse or civil partner; and “ relative ” means brother, sister, ancestor or lineal descendant; “ Polar Code ” means the International Code for Ships Operating in Polar Waters and includes the amendments adopted by IMO Resolution MSC.538(107) ; “ Polar Water Operational Manual ” means a manual containing information regarding a ship’s operational capabilities and limitations, and procedures to be followed, in polar waters, in accordance with chapter 2 of part 1-A of the Polar Code; “polar waters” means Arctic waters and the Antarctic Area; “ skipper ” means the person having command of a fishing vessel; “ United Kingdom ship ” has the meaning given to it in section 85(2) of the Merchant Shipping Act 1995. 2 Any reference in these Regulations to a communication to be given “ in writing ” includes the provision of such communication by electronic mail, facsimile or other means, which is capable of producing a document containing the text of any communication and in a form sufficiently permanent to be used for subsequent reference. Application 4 1 Subject to paragraph (2), these Regulations apply to— a United Kingdom ships which are operating, or which intend to operate, in polar waters; and b non-United Kingdom ships which— i commence a voyage from a port in the United Kingdom or end a voyage in a port in the United Kingdom; and ii as part of that voyage operate, or intend to operate, in polar waters. 2 These Regulations do not apply to— a ships of war and naval auxiliary ships; b ships owned or operated by a State and engaged only on governmental non-commercial service; c cargo ships of less than 300 gross tonnage; d ships not propelled by mechanical means; e wooden ships of primitive build; f pleasure vessels of less than 300 gross tonnage; g fishing vessels of less than 24 metres in length overall; h ships solely navigating the Great Lakes of North America and the River St Lawrence as far east as a straight line drawn from Cap des Rosiers to West Point, Anticosti Island and, on the north side of Anticosti Island, the 63rd meridian. 3 A non-United Kingdom ship flying the flag of a State which is not a Convention country is not subject to these Regulations if it would not have been in a United Kingdom port but for stress of weather or any other circumstances which the master, owner or charterer could not have prevented. 4 Where persons are on board a ship as a consequence of— a the circumstances described in paragraph (3); or b an obligation laid upon the master to carry shipwrecked or other persons , those persons are not to be taken into account for the purpose of determining the application to that ship of any provision of these Regulations. Ambulatory reference 5 1 In these Regulations, any reference to Chapter XIV or the Polar Code is to be construed— a as a reference to Chapter XIV or the Polar Code as modified from time to time; and b as, if Chapter XIV or the Polar Code is replaced, a reference to the replacement. 2 For the purposes of paragraph (1), Chapter XIV or the Polar Code is modified or replaced if the modification or replacement takes effect in accordance with Article VIII of the Convention. 3 A modification or replacement of Chapter XIV or the Polar Code has effect at the time such modification or replacement comes into force in accordance with Article VIII of the Convention. Exemptions 6 1 The Secretary of State may exempt a ship which does not normally engage on international voyages but is, in exceptional circumstances, required to undertake a single international voyage which includes, as part of that voyage, entering polar waters, from any requirement of these Regulations. 2 Subject to paragraph (3), in circumstances other than the circumstances specified in paragraph (1), the Secretary of State may exempt a ship or class of ship to which these Regulations apply from any requirement of these Regulations if satisfied that compliance with such requirement is either impracticable or unreasonable in the case of that ship or class of ship. 3 An exemption under paragraph (2) may be granted only where it is compatible with the requirements of Chapter XIV or part 1-A of the Polar Code, as the case may be. 4 An exemption under paragraph (1) or (2) may be granted subject to such terms as the Secretary of State considers fit to ensure the safety of the ship or class of ship. 5 An exemption granted under paragraph (1) or (2) may, on the giving of reasonable notice, be altered or cancelled. 6 An exemption granted under paragraph (1) or (2), or an alteration or cancellation under paragraph (5), must— a be in writing; b specify the date on which it takes effect; and c specify the terms, if any, on which it is given. 7 Where an exemption is granted subject to terms specified by the Secretary of State, the exemption ceases to have effect if any of those terms is not complied with. 8 For the purposes of this regulation— “any requirement of these Regulations” is to be interpreted as including any requirement of Chapter XIV or part 1-A of the Polar Code applicable to a ship under these Regulations; “ international voyage ” means a voyage between— a port in the United Kingdom and a port outside the United Kingdom; or a port in a country other than the United Kingdom, or a territory, and a port in any other country or territory, whether a Convention country or not, which is outside the United Kingdom. Equivalents 7 1 Where these Regulations require that— a a particular fitting, material, appliance or apparatus, or a type of fitting, material, appliance or apparatus, be fitted on, or carried in, a ship; b a particular arrangement be made on, or in relation to, a ship; or c any particular provision be made in relation to a ship, the Secretary of State may approve any other fitting, material, appliance or apparatus, arrangement or other provision if satisfied that it is at least as effective as that required by these Regulations. 2 An approval given under paragraph (1) may, on the giving of reasonable notice, be continued, altered or cancelled. 3 Any approval given under paragraph (1), or a continuation, alteration or cancellation under paragraph (2), must— a be in writing; b specify the date on which it takes effect; and c specify the terms, if any, on which it is given. 4 For the purposes of paragraph (1), a reference to “these Regulations” is to be interpreted as including a reference to Chapter XIV or part 1-A of the Polar Code. Alternative design and arrangements 8 1 Structural arrangements, machinery and electrical installations, fire safety design and arrangement measures, and life-saving appliances and arrangements for ships to which these Regulations apply, may deviate from the requirements of chapters 3, 6, 7 and 8 of part 1-A of the Polar Code (“the relevant chapters”), provided that any alternative design or arrangement— a meets the intent of the goal and functional requirements of the relevant chapters; and b provides an equivalent level of safety to the requirements in those chapters. 2 In relation to a ship to which paragraph (1) applies— a an alternative design or arrangement must be subjected to an engineering analysis in accordance with regulation 4 of Chapter XIV (alternative design and arrangement); and b a copy of the engineering analysis must be provided by the owner to the Secretary of State. 3 In relation to the alternative design or arrangement and the engineering analysis referred to in paragraph (2), the Secretary of State— a must evaluate and, if satisfied that the requirements of regulation 4 of Chapter XIV are met, approve the engineering analysis; and b if satisfied that the alternative design or arrangement is at least as effective as that required by the relevant chapters, must approve the alternative design or arrangement. 4 Where there are changes to the assumptions and operational restrictions stipulated in the alternative design or arrangement approved in accordance with paragraph (3)— a a further engineering analysis must be carried out which takes into account the changed assumptions and operational restrictions; and b where the alternative design or arrangement requires amendment, the Secretary of State— i must evaluate such amendment; and ii if satisfied that the amended alternative design or arrangement is at least as effective as that required by the relevant chapters, approve the amended alternative design and arrangement. 5 Paragraphs (2) and (3)(a) apply to the requirement for the further engineering analysis referred to in paragraph (4)(a). 6 An approval given under paragraph (3) or (4) may, on the giving of reasonable notice, be continued, altered or cancelled. 7 An approval given under paragraph (3) or (4), or a continuation, alteration or cancellation under paragraph (6), must— a be in writing; b specify the date on which it takes effect; and c specify the terms, if any, on which it is given. 8 Any alternative design or arrangement deviating from the requirements of the relevant chapters, together with the technical and operational measures and conditions for the approved deviation, must be recorded in the ship’s Polar Ship Certificate and the ship’s Polar Water Operational Manual. 9 For the purposes of paragraph (8), “ Polar Ship Certificate ” means the certificate of that description, including the record of equipment, contained in Appendix 1 to the Polar Code, and which confirms that a ship complies with each requirement of part 1-A of the Polar Code (safety measures) applicable to it and issued in respect of— a a United Kingdom ship pursuant to regulation 13B of the Merchant Shipping (Survey and Certification) Regulations 2015 (issue of Polar Ship Certificate); or b a non-United Kingdom ship flying the flag of a Convention country, by that country. Approvals 9 1 The Secretary of State, or any person authorised by the Secretary of State, may give an approval in relation to a United Kingdom ship— a for anything in part 1-A of the Polar Code which provides that it must be— i approved by the Administration of the State whose flag the ship is entitled to fly; ii done to the satisfaction of such Administration; or iii acceptable to that Administration ; or b for the purposes of the equipment required by paragraph 4.3.1.2.2 in chapter 4 of part 1-A of the Polar Code (means for removing ice). 2 An approval given under paragraph (1) may, on the giving of reasonable notice, be continued, altered or cancelled. 3 An approval given under paragraph (1), or a continuation, alteration or cancellation under paragraph (2), must— a be in writing; b specify the date on which it takes effect; and c specify the terms, if any, on which it is given. PART 2 Requirements for ships operating or intending to operate in polar waters Requirements for passenger ships and cargo ships of 500 gross tonnage or more 10 1 This regulation applies to— a passenger ships; and b cargo ships of 500 gross tonnage or more. 2 A ship to which this regulation applies must comply with each requirement of the following provisions in part 1-A of the Polar Code applicable to that ship— a in chapter 1 (general)— i paragraph 1.4 (performance standards); and ii paragraph 1.5 (operational assessment); b chapter 2 (Polar Water Operational Manual); c chapter 3 (ship structure); d chapter 4 (subdivision and stability); e chapter 5 (watertight and weathertight integrity); f chapter 6 (machinery installations); g chapter 7 (fire safety and fire protection); h chapter 8 (life-saving appliances and arrangements); i chapter 9 (safety of navigation); j chapter 10 (communication); and k chapter 11 (voyage planning). Requirements for fishing vessels of 24 metres or over in length overall, pleasure vessels of 300 gross tonnage or more and cargo ships of at least 300 gross tonnage but under 500 gross tonnage 11 1 Subject to paragraph (2), this regulation applies to— a fishing vessels of 24 metres or over in length overall; b pleasure vessels of 300 gross tonnage or more; and c cargo ships of at least 300 gross tonnage but under 500 gross tonnage. 2 This regulation does not apply to a non-United Kingdom ship described in paragraph (1) which is— a flying the flag of an Arctic coastal State; and b operating, or intending to operate, solely in the internal waters and territorial sea of that State when in Arctic waters. 3 A ship to which this regulation applies must comply with each requirement of the following provisions in part 1-A of the Polar Code applicable to that ship— a chapter 9-1 (safety of navigation); and b chapter 11-1 (voyage planning). 4 A ship to which this regulation applies must comply, so far as is reasonably practicable, with each requirement of the following provisions in chapter 1 (general) of part 1-A of the Polar Code applicable to that ship— a paragraph 1.4 (performance standards); and b paragraph 1.5 (operational assessment). 5 In the case of ships constructed before 1st January 2026, the requirements in paragraphs (3) and (4) apply on 1st January 2027. 6 In this regulation— “ Arctic coastal State ” means a Convention country which has a coastline bordering Arctic waters; “ baseline ” means the low-water line along a coastline as marked on large-scale charts officially recognised by the relevant coastal State; “ constructed ” means, with respect to a ship, that the keel is laid or that the ship is at a similar stage of construction; “ internal waters ” means the waters on the landward side of the baseline of the territorial sea; “ nautical mile ” means a distance of 1,852 metres; “ similar stage of construction ” means the stage at which— construction identifiable with a specific ship begins; and assembly of that ship has commenced comprising at least 50 tons or 1% of the estimated mass of all structural material, whichever is less; and “ territorial sea ” means the area of sea which extends up to a limit not exceeding 12 nautical miles from the baseline of a coastal State at any given point. Additional requirements relating to the Polar Water Operational Manual 12 1 This regulation applies to— a passenger ships; and b cargo ships of 500 gross tonnage or more. 2 A Company and a master must ensure that— a a ship to which this regulation applies is operated in compliance with the Polar Water Operational Manual applicable to that ship; and b every seafarer on a ship to which this regulation applies is made familiar with the procedures and equipment referred to in the Polar Water Operational Manual relevant to the seafarer’s assigned duties in accordance with paragraph 12.3.4 in chapter 12 of part 1-A of the Polar Code (familiarity with Polar Water Operational Manual). 3 In this regulation, “ seafarer ” means any person, including a master, who is employed or engaged or works in any capacity on board a ship and whose normal place of work is on that ship. PART 3 Enforcement Offences and penalties 13 1 Any contravention of— a regulation 8(8) (recording of alternative design and arrangements); b regulation 10(2)(a)(i) (performance standards); c regulation 10(2)(a)(ii) (operational assessment); d regulation 10(2)(b) to (j) (requirement to comply with chapters 2 to 9 and 10 of part 1-A of the Polar Code: safety measures); e regulation 11(3)(a) (safety of navigation under chapter 9-1 of part 1-A of the Polar Code); f regulation 11(4)(a) (requirement to comply so far as is reasonably practicable with performance standards); or g regulation 11(4)(b) (requirement to comply so far as is reasonably practicable with operational assessment), is an offence by the owner and master of the ship in respect of each case of non-compliance. 2 Any contravention of— a regulation 10(2)(k) (voyage planning under chapter 11 of part 1-A of the Polar Code); or b regulation 11(3)(b) (voyage planning under chapter 11-1 of part 1-A of the Polar Code), is an offence by the master in respect of each case of non-compliance. 3 Any contravention of— a regulation 12(2)(a) (requirement to operate a ship in compliance with the Polar Water Operational Manual); or b regulation 12(2)(b) (requirement to ensure familiarity with the Polar Water Operational Manual), is an offence by the Company and master in respect of each case of non-compliance. 4 An offence under paragraph (1), (2) or (3) is punishable— a on summary conviction— i in England and Wales by a fine; or ii in Scotland or Northern Ireland by a fine not exceeding the statutory maximum; or b on conviction on indictment by imprisonment for a term not exceeding two years, or a fine, or both. 5 It is a defence for a person charged with an offence under this regulation to prove that the person charged took all reasonable steps to avoid the commission of the offence. Detention 14 1 For the purposes of this regulation, any reference to “ the Act ” is a reference to the Merchant Shipping Act 1995. 2 Where a person with power to detain a ship has clear grounds for believing that there is a contravention of any of the requirements of these Regulations in relation to that ship, the ship may be detained in the United Kingdom. 3 Section 284 of the Act (enforcing detention of ship) applies where a ship is liable to be detained under this regulation as if— a references to detention of a ship under the Act were references to detention of the ship in question under this regulation; and b subsection (7) were omitted. 4 Where a ship is liable to be detained under this regulation, the person detaining the ship must serve on the master a detention notice which— a states the grounds for the detention; and b requires the terms of the notice to be complied with until the ship is released by any person mentioned in section 284(1) of the Act. 5 Subject to paragraph (6), section 96 (references of detention notices to arbitration) and section 97 (compensation in connection with invalid detention of a ship) of the Act apply in relation to a detention notice issued pursuant to this regulation as they apply in relation to detention notices issued pursuant to section 95 (power to detain dangerously unsafe ship) . 6 For the purposes of paragraph (5)— a section 96 of the Act applies as if— i subsection (3) were omitted; ii the words “as a dangerously unsafe ship” in subsection (5) were omitted; iii subsection (11) were omitted; and b sections 96 and 97 of the Act apply as if “ the relevant inspector ” means a person issuing the detention notice pursuant to this regulation. 7 Subject to paragraph (8), where a ship other than a United Kingdom ship is detained, the Secretary of State must immediately inform the ship’s flag administration in writing. 8 If it is not possible to inform the ship’s flag administration in accordance with paragraph (7), the Secretary of State must inform the Consul of the State of the flag administration, or in the absence of a Consul, the nearest diplomatic representative of the State of the flag administration. 9 For the purposes of paragraphs (7) and (8), “ flag administration ” means, in relation to a ship, the administration of the State whose flag the ship is entitled to fly. Signed by authority of the Secretary of State for Transport Keir Mather Parliamentary Under Secretary of State Department for Transport 1st December 2025 We consent to the making of these Regulations Stephen Morgan Gen Kitchen Two of the Lords Commissioners of His Majesty’s Treasury 25th November 2025 SCHEDULE Regulation 2 PART 1 Amendments Merchant Shipping (Survey and Certification) Regulations 2015 1 The Merchant Shipping (Survey and Certification) Regulations 2015 are amended as follows. 2 In regulation 3 (interpretation)— a in paragraph (1)— i after the definition of “anniversary date”, insert— “ Antarctic Area ” has the meaning given to it in regulation 1 of Chapter XIV; “ Arctic waters ” has the meaning given to it in regulation 1 of Chapter XIV; ; ii after the definition of “Certifying Authority”, insert— “ Chapter XIV ” means Chapter XIV in the Annex to the SOLAS Convention (safety measures for ships operating in polar waters) and includes the amendments adopted by IMO Resolution MSC.532(107); ; iii in the definition of “Convention Certificate”, at the end, insert “and, except in regulation 23(2) (availability of certificates on board a ship registered in a country to which the SOLAS Convention applies), includes a Polar Ship Certificate” ; iv after the definition of “HSC Code Safety Certificate for Offshore Service Craft”, insert— “ IMO ” means the International Maritime Organization, which is a special agency of the United Nations responsible for shipping safety and security and the prevention of pollution; ; v after the definition of “pleasure vessel”, insert— “ Polar Code ” means the International Code for Ships Operating in Polar Waters as described in regulation 1 of Chapter XIV (safety measures for ships operating in polar waters) and includes the amendments adopted by IMO Resolution MSC.538(107); “ Polar Code Safety Regulations ” means the Merchant Shipping (Polar Code) (Safety) Regulations 2025 ; “ Polar Ship Certificate ” means the certificate of that description, including the record of equipment, contained in Appendix 1 to the Polar Code and which confirms that a ship complies with each requirement of part 1-A of the Polar Code (safety measures) applicable to it and issued in respect of— a United Kingdom ship pursuant to regulation 13B (issue of Polar Ship Certificate); or a ship flying the flag of a State other than the United Kingdom which is a party to the SOLAS Convention, by that State; “ polar waters ” means Arctic waters and the Antarctic Area; ; vi for the definition of “SOLAS Convention”, substitute— “ SOLAS Convention ” means the International Convention for the Safety of Life at Sea, 1974. ; b after paragraph (3), insert— 4 In these Regulations, any reference to Chapter XIV, the Polar Code or the SOLAS Convention is to be construed— a as a reference to Chapter XIV, the Polar Code or the SOLAS Convention as modified from time to time; and b as, if Chapter XIV, the Polar Code or the SOLAS Convention is replaced, a reference to the replacement. 5 For the purposes of paragraph (4), Chapter XIV, the Polar Code or the SOLAS Convention is modified or replaced if the modification or replacement takes effect in accordance with Article VIII of the SOLAS Convention. 6 A modification or replacement of Chapter XIV, the Polar Code or the SOLAS Convention has effect at the time such modification or replacement comes into force in accordance with Article VIII of the SOLAS Convention. . 3 After regulation 9A (surveys of HSOSC), insert— Surveys of ships operating in polar waters 9B 1 A United Kingdom ship which is— a i a passenger ship; or ii a cargo ship of 500 gross tons or more; and b operating, or intending to operate, in polar waters, must be subject to the surveys specified in paragraph (2), and each such survey must be carried out for the purpose of assessing compliance with each requirement of the Polar Code Safety Regulations that applies to it. 2 The surveys referred to in paragraph (1) are— a an initial survey, before the ship operates in polar waters for the first time; and b a survey at the same time as any survey required in respect of the ship under regulations 6 to 10 (surveys of passenger ships and cargo ships). 3 Subject to paragraph (4), in the case of a category C polar ship which is a cargo ship, where— a an assessment has been undertaken in accordance with regulation 10(2)(a)(ii) of the Polar Code Safety Regulations (operational assessment); and b that assessment concludes, in writing, that the ship does not require any additional equipment or structural modification for the purposes of compliance with each requirement of the Polar Code Safety Regulations applicable to it, a survey is not required for the purposes of issuing a Polar Ship Certificate in respect of that ship. 4 Where a Polar Ship Certificate has been issued in respect of a category C polar ship in accordance with paragraph (3), the ship must be subjected to an onboard survey at the next scheduled survey. 5 In this regulation— “ category A polar ship ” means a ship designed for operation in polar waters in at least medium first-year ice, which may include old ice inclusions; “ category B polar ship ” means a ship designed for operation in polar waters in at least thin first-year ice, which may include old ice inclusions; “ category C polar ship ” means a ship designed to operate in open waters or in ice conditions less severe than those in which a category A polar ship or a category B polar ship operates; “ first-year ice ” means sea ice of not more than one winter’s growth developing from young ice with thickness from 0.3 to 2.0 metres; “ medium first-year ice ” means first-year ice of 70 to 120 centimetres thickness; “ old ice ” means sea ice which has survived at least one summer’s melt; “ open waters ” means a large area of freely navigable water in which sea ice is present in concentrations of less than 10 per cent and no ice of land origin is present; “ sea ice ” means any form of ice found at sea which has originated from the freezing of sea water; and “ thin first-year ice ” means first-year ice of 30 to 70 centimetres thickness. . 4 After regulation 13A (issue of certificates to HSOSC), insert— Issue of Polar Ship Certificate 13B 1 Where a Certifying Authority is satisfied that the conditions set out in paragraph (2) are met in respect of a United Kingdom ship, the Certifying Authority must— a issue a Polar Ship Certificate in respect of that ship; or b endorse the Polar Ship Certificate issued in respect of the ship under paragraph (a). 2 The conditions referred to in paragraph (1) are that— a a survey for the purpose of assessing the ship’s compliance with the Polar Code Safety Regulations has been satisfactorily completed; b the ship has been issued with the certificate or certificates applicable to it under regulation 13 (issue of certificates to United Kingdom ships engaged on international or short international voyages); and c the master, chief mate and all officers of the navigational watch hold a certificate of proficiency as required by regulation 16A or 16B of the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022 (requirements for a certificate of proficiency). . 5 In regulation 15 (duration and validity of certificates)— a in paragraph (1)(a), for “and a short international voyage Passenger Ship Safety Certificate” substitute “, a short international voyage Passenger Ship Safety Certificate and a Polar Ship Certificate issued in respect of a passenger ship” ; b in paragraph (1)(b), for “or HSC Code Safety Certificate for Offshore Service Craft” substitute “, HSC Code Safety Certificate for Offshore Service Craft or Polar Ship Certificate issued in respect of a cargo ship” ; c in paragraph (2)(a), after “Passenger Ship Safety Certificate” insert “or a Polar Ship Certificate issued in respect of a passenger ship” ; d in paragraph (3)(a), after “Passenger Ship Safety Certificate” insert “or a Polar Ship Certificate issued in respect of a passenger ship” ; e in paragraph (4)— i in the words before sub-paragraph (a)— aa after “periodical survey”, insert “or a survey required at the same time as any such survey under regulation 9B(2)(b)” ; bb for “9A”, substitute “9B” . ii in sub-paragraph (b), after “9A” insert “or a survey required at the same time as any such survey under regulation 9B(2)(b)” ; iii in sub-paragraph (c)— aa after “periodical surveys”, insert “, or a survey required at the same time as any such survey under regulation 9B(2)(b)” ; bb for “9A”, substitute “9B” ; f in paragraph (6)(b), for “9A” substitute “9B” ; g after paragraph (6), insert— 7 In this regulation, “ 1988 Protocol ” means the Protocol of 1988 to the SOLAS Convention. . 6 In regulation 16(1) (issue and duration of exemption certificates), after “13A” insert “, 13B” . 7 In regulation 17 (extension and other provisions)— a in paragraph (1)— i after “Passenger Ship Safety Certificate”, insert “, a Polar Ship Certificate issued in respect of a passenger ship” ; ii for “9”, substitute “9B” ; b in paragraph (2), after “9A”, insert “or a survey required at the same time as such renewal survey under regulation 9B” ; c in paragraph (3), after “9A”, insert “or a survey required at the same time as such renewal survey under regulation 9B” . 8 In regulation 18(1) (issue and endorsement of certificates by another government), for “regulation 13”, substitute “regulations 13 and 13B” . 9 In regulation 19(2) (requests made by other SOLAS governments), for “regulation 13” substitute “regulations 13 and 13B” . 10 In regulation 22 (availability of certificates), after “23(5B)(b)” insert “, or a certificate described in regulation 23(5D)(b)” . 11 In regulation 23 (prohibition on proceeding to sea without the appropriate documentation), after paragraph (5B) insert— 5C No United Kingdom ship which intends to operate in polar waters and to which regulation 10 of the Polar Code Safety Regulations applies (requirements for passenger ships and cargo ships of 500 gross tonnage or more), may proceed to sea unless there is in force a Polar Ship Certificate. 5D No ship which is not a United Kingdom ship which intends to commence a voyage from a port in the United Kingdom and as part of that voyage intends to operate in polar waters, may proceed to sea from that port unless there is in force— a in the case of a ship registered in a country to which the SOLAS Convention applies, a Polar Ship Certificate; or b in the case of a ship registered in a country to which the SOLAS Convention does not apply, a certificate that demonstrates compliance with each requirement of the Polar Code referred to in regulation 10(2) of the Polar Code Safety Regulations that applies to it. . 12 In regulation 26 (penalties)— a in paragraph (1) (offence of proceeding to sea in breach of survey requirements), for “9A” substitute “9B” ; b in paragraph (2) (offence related to responsibilities of owner and master etc.), for “(5B) substitute “(5D)” . Merchant Shipping (Fees) Regulations 2018 13 The Merchant Shipping (Fees) Regulations 2018 are amended as follows. 14 In Schedule 1, in the table in paragraph 5 (fees for inspections, etc.) of Part 1 (surveys, inspections and applications for exemption)— a in Section K (manning and certification), in the entry for the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022, in the third column, at the end, insert “2025/1234” ; b in Section L (survey and certification)— i in the entry for the Merchant Shipping (Survey and Certification) Regulations 2015, in the third column, at the end, insert “2025/1234” ; ii omit the entry for the Merchant Shipping (Polar Code) (Safety) Regulations 2021; iii at the end— aa in the first column, insert “The Merchant Shipping (Polar Code) (Safety) Regulations 2025” ; bb in the second column, insert “2025/1234” ; cc in the third column, insert “None” . Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022 15 The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022 are amended as follows. 16 In regulation 3 (interpretation)— a after the definition of “the Act”, insert— “ Antarctic Area ” has the meaning given to it in regulation 1 of Chapter XIV; ; b after the definition of “approved training provider”, insert— “ Arctic waters ” has the meaning given to it in regulation 1 of Chapter XIV; “ cargo ship ” means any ship which is not a passenger ship; ; c after the definition of “certificate of proficiency in training for tanker cargo operations”, insert— “ Chapter XIV ” means Chapter XIV in the Annex to SOLAS (safety measures for ships operating in polar waters) and includes the amendments adopted by IMO Resolution MSC.532(107); ; d after the definition of “IBC Code”, insert— “ ice free waters ” means waters in which no ice is present; ; e after the definition of “IGF Code”, insert— “ IMO ” means the International Maritime Organization, which is a special agency of the United Nations responsible for shipping safety and security and the prevention of pollution; ; f after the definition of “oil tanker”, insert— “ open waters ” means a large area of freely navigable water in which sea ice is present in concentrations of less than 10 per cent and no ice of land origin is present; “ other waters ” means waters other than ice free waters and open waters; ; g after the definition of “pleasure vessel”, insert— “ polar waters ” means Arctic waters and the Antarctic Area; ; h after the definition of “seagoing”, insert— “ sea ice ” means any form of ice found at sea which has originated from the freezing of sea water; . 17 After regulation 16 (seafarers on a ship subject to the IGF Code – advanced training), insert— Seafarers on a ship operating or intending to operate in polar waters – basic training 16A 1 This regulation applies to the seafarers specified in paragraph (2) on board— a a passenger ship; or b a cargo ship of 500 GT or more, operating, or intending to operate, in polar waters in the ice conditions specified in that paragraph. 2 The seafarers and the ice conditions mentioned in paragraph (1) are— a subject to paragraph (3), where a ship operates in open waters but not in other waters— i the master; ii a chief mate; iii an officer in charge of a navigational watch; and b where a ship operates in other waters, an officer in charge of a navigational watch. 3 Paragraph (2)(a) does not apply to a cargo ship other than a tanker. 4 Subject to regulation 16C (seafarers on a ship operating or intending to operate in polar waters – replacement with other persons), a person to whom this regulation applies must hold a certificate of proficiency in basic training for service on ships operating in polar waters. 5 The Secretary of State, or an approved training provider, may issue a certificate of proficiency required by paragraph (4) only to a person who meets the criteria specified in STCW Regulation V/4, paragraph 2 (basic training for seafarers on ships operating or intending to operate in polar waters). Seafarers on a ship operating or intending to operate in polar waters – advanced training 16B 1 This regulation applies to the master and a chief mate on board— a a passenger ship; or b a cargo ship of 500 GT or more, operating, or intending to operate, in polar waters in the ice conditions specified in paragraph (2). 2 The ice conditions mentioned in paragraph (1) are other waters. 3 Subject to regulation 16C (seafarers on a ship operating or intending to operate in polar waters – replacement with other persons), a person to whom this regulation applies must hold a certificate of proficiency in advanced training for service on ships operating in polar waters. 4 The Secretary of State, or an approved training provider, may issue a certificate of proficiency required by paragraph (3) only to a person who meets the criteria specified in STCW Regulation V/4, paragraph 4 (advanced training for seafarers on ships operating or intending to operate in polar waters). Seafarers on a ship operating or intending to operate in polar waters – replacement with other persons 16C 1 Where each of the conditions specified in paragraph (2) is satisfied, another person may replace a master, chief mate or officer in charge of a navigational watch on a ship operating in polar waters where such master, chief mate or officer in charge of a navigational watch is not qualified in accordance with regulation 16A(4) or 16B(3) (seafarers on a ship operating or intending to operate in polar waters – basic training and advanced training), as the case may be. 2 The conditions referred to in paragraph (1) are that— a the person replacing a seafarer mentioned in paragraph (1) holds— i a certificate of competency or a certificate of equivalent competency issued in accordance with STCW Regulation II/2 (mandatory minimum requirements for certification of masters and chief mates on ships of 500 GT or more); and ii a certificate of proficiency issued in accordance with STCW Regulation V/4, paragraph 4 (advanced training for seafarers on ships operating or intending to operate in polar waters); b the ship is manned with an adequate number of seafarers trained in accordance with regulation 16A or 16B for the purpose of undertaking safe navigational, engineering and radio watches; c the person is provided with rest periods which comply with the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 ; d in the case of a passenger ship or a tanker, when operating in polar waters other than open waters or bergy waters, the master, chief mate and officers of a navigational watch must each hold a certificate of proficiency in basic training for service on ships operating in polar waters; e in the case of a cargo ship other than a tanker, when operating in polar waters with ice concentration of more than 20 per cent, the master, chief mate and officers of a navigational watch must each hold a certificate of proficiency in basic training for service on ships operating in polar waters. 3 The deployment of a person in place of a master, chief mate or officer of a navigational watch in the circumstances described in paragraph (1) does not relieve the master, a chief mate or an officer of a navigational watch from their duties and obligations for the safety of the ship. 4 For the purposes of paragraph (2)(d), “ bergy waters ” means an area of freely navigable water in which ice of land origin is present in concentrations of less than 10 per cent and where, if sea ice is present, the total concentration of all ice does not exceed 10 per cent. . 18 In regulation 48(3)(h) (approval of training providers), for “Amendment 1”, substitute “Amendment 2” . 19 In regulation 61 (responsibilities of companies, masters and others), after paragraph (1)(b)— a omit “and”; b insert— ba the conditions specified in regulation 16C(1) (seafarers on a ship operating or intending to operate in polar waters – replacement with other persons) are complied with when a person replaces a seafarer under that regulation; and . PART 2 Revocations Table Regulations revoked References Extent of revocation The Merchant Shipping (Polar Code) (Safety) Regulations 2021 S.I. 2021/1401 The whole Regulations The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022 S.I. 2022/1342 Paragraphs 12 to 17 in Part 1 of Schedule 1 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations revoke and replace the Merchant Shipping (Polar Code) (Safety) Regulations 2021 ( S.I. 2021/1401 ), which implemented the requirements of Chapter XIV in the Annex to the International Convention for the Safety of Life at Sea, 1974 (“ the Convention ”) and the safety related requirements for ships in the International Code for Ships Operating in Polar Waters (“the Polar Code”). The new Regulations also implement the latest amendments to Chapter XIV and the Polar Code, adopted, respectively, by International Maritime Organization (IMO) Resolutions MSC.532(107) and MSC.538(107). The amendments to Chapter XIV apply the amendments to the Polar Code contained in Resolution MSC.538(107) to cargo ships of at least 300 gross tonnage but under 500 gross tonnage, fishing vessels of 24 metres or over in length overall, and pleasure vessels of 300 gross tonnage or more (“the additional categories of ship”); these amendments relate to the safety of navigation and voyage planning only. The amendments to the Polar Code insert new chapters 9-1 (safety of navigation) and 11-1 (voyage planning) into part 1-A of the Polar Code (safety requirements), which apply only to the additional categories of ship. Ships falling within the additional categories of ship which were constructed before 1st January 2026 need not comply with the additional requirements in chapters 9-1 and 11-1 until 1st January 2027, but all other ships must comply on the date these Regulations come into force. The Regulations apply, with certain limited exceptions, to United Kingdom ships and to the additional categories of ship, operating, or intending to operate, in polar waters (regulation 4). They also apply to non-United Kingdom ships of the same types which commence a voyage from, or end a voyage in, a port in the United Kingdom, and as part of that voyage operate in, or intend to operate in, polar waters. The Regulations provide for the granting of exemptions (regulation 6), approval of equivalents (regulation 7) and alternative design and arrangements (regulation 8). The Secretary of State may also approve matters contained in the Polar Code which provide for the approval of a ship’s flag administration (referred to in the Polar Code as “the Administration”) (regulation 9). All the safety related provisions of the Polar Code are implemented by these Regulations. The requirements for passenger ships and cargo ships of 500 gross tonnage or more operating in polar waters, other than the manning and training requirements, are contained in regulation 10. The requirements for fishing vessels of 24 metres in length overall, pleasure vessels of 300 gross tonnage or more and cargo ships of at least 300 gross tonnage but under 500 gross tonnage are contained in regulation 11. Regulation 12 contains specific provision relating to the Polar Water Operational Manual. The majority of these requirements are incorporated into the Regulations by direct reference to the requirements in the Polar Code. Future amendments to the provisions of Chapter XIV or the Polar Code will be automatically incorporated into the Regulations pursuant to the ambulatory reference provision in regulation 5. The Regulations provide for offences and penalties in the event of a contravention of the requirements of the Regulations (regulation 13). In cases of non-compliance with the Regulations, a ship may also be detained (regulation 14). Part 1 of the Schedule to the Regulations makes provision for the survey and certification of ships intending to operate in polar waters by way of amendment of the Merchant Shipping (Survey and Certification) Regulations 2015 ( S.I. 2015/508 ), including new regulations 9B and 13B. Part 1 of the Schedule to the Regulations also implements the manning and training requirements contained in chapter 12 of part 1-A of the Polar Code (other than paragraph 12.3.4 in that chapter, which is implemented in regulation 12(2)(b)) by way of amendment of the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022 ( S.I. 2022/1342 ) (“ the 2022 Regulations ”); these requirements are contained in new regulations 16A to 16C of the 2022 Regulations. Part 1 of the Schedule to the Regulations also makes consequential amendments to the Merchant Shipping (Fees) Regulations 2018 ( S.I. 2018/1104 ). Marine Guidance Note 637 (M) has been revised and provides guidance on how the Secretary of State will exercise discretion where the Polar Code permits this. Merchant Shipping Notice 1866 (M) Amendment 1 has also been revised as a consequence of the amendments to the 2022 Regulations. Marine Guidance Note 637 (M) Amendment 1 and Merchant Shipping Notice 1866 (M) Amendment 2 are available from the Maritime and Coastguard Agency (MCA) of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone 020 3817 2000 and email MarineTechnology@mcga.gov.uk) and can be found at https://www.gov.uk/topic/ships-cargoes/m-notices . The Convention and its Protocol of 1988 may be obtained in copy from the IMO, 4 Albert Embankment, London SE1 7SR and both are available on the Foreign, Commonwealth and Development Office (FCDO) treaties database ( https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch ). The text of the IMO Resolutions containing the amendments to the Convention and Protocol may be obtained from the IMO directly or at https://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Pages/MSC-2022-23.aspx (the Resolutions for IMO meeting MSC.107), or from the MCA, or found on the FCDO treaties database ( https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch ). Future amendments to the Convention and to the Protocol may be obtained in copy from the IMO and, after coming into force in the United Kingdom, found on the FCDO treaties database ( https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch ). Until such publication is made on the FCDO treaties database, an amendment will be available from the MCA and on https://www.gov.uk . An amendment will be publicised in advance of its in-force date by means of a Parliamentary Statement to both Houses of Parliament and by way of a Marine Guidance Note, which will be available in copy from the MCA and on www.gov.uk/government/collections/marine-guidance-notices-mgns . A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. Instead, a de minimis assessment has been prepared and is published alongside the instrument on www.legislation.gov.uk . An Explanatory Memorandum is published alongside the instrument on www.legislation.gov.uk . 1995 c. 21 . For amendments, see footnote (b) below. Section 47(4A) and (4B) were inserted by the Marine Navigation Act 2013 (c. 23) . Sections 85 and 86 were amended by the Merchant Shipping and Maritime Security Act 1997 (c. 28) , sections 8 and 29(2) and Schedule 7. Section 85 was amended by the British Overseas Territories Act 2002 (c. 8) , section 2(3). Section 306A was inserted by the Deregulation Act 2015 (c. 20) , section 106. There are other amendments but none is relevant. S.I. 1996/282 . Article 2 was amended by the Marine and Coastal Access Act 2009 (c. 23) , Schedule 4, Part 1, paragraph 3 and S.I. 2022/844 . There is another amendment which is not relevant. S.I. 1998/1500 . Chapter XIV was inserted into the Annex to the Convention by amendments adopted by International Maritime Organization (IMO) Resolution MSC.386(94), which is available in hard copy from the IMO of 4 Albert Embankment, London SE1 7SR or at https://wwwcdn.imo.org/localresources/en/KnowledgeCentre/IndexofIMOResolutions/MSCResolutions/MSC.386(94).pdf , or found on the Foreign, Commonwealth and Development Office treaties database ( https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch ). Chapter XIV is amended by IMO Resolution MSC.532(107) and the amendments come into force on 1st January 2026; this Resolution is available from the IMO in hard copy or at https://wwwcdn.imo.org/localresources/en/KnowledgeCentre/IndexofIMOResolutions/MSCResolutions/MSC.532(107).pdf . Cmnd 7874. The Convention may be obtained in hard copy from the International Maritime Organization (IMO) of 4 Albert Embankment, London SE1 7SR or found on the Foreign, Commonwealth and Development Office (FCDO) treaties database ( https://treaties.fcdo.gov.uk/awweb/pdfopener?md=1&did=79786 ). The Convention was modified by its Protocol of 1978 (Cmnd 8277) ( https://treaties.fcdo.gov.uk/awweb/pdfopener?md=1&did=68013 ), which was replaced and abrogated by the Protocol of 1988 (Cm 5044) ( https://treaties.fcdo.gov.uk/awweb/pdfopener?md=1&did=69573 ) with respect to the parties to the 1988 Protocol. These amendments to the Convention are available in hard copy from the IMO or from the Maritime and Coastguard Agency (MCA) of Spring Place, 105 Commercial Road, Southampton, SO15 1EG (telephone 020 3817 2000 and email MarineTechnology@mcga.gov.uk ), or found on the FCDO treaties database ( https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch/ ). Hard copies of the Command Papers are available for inspection free of charge but by appointment at the Parliamentary Archives, Houses of Parliament, London SW1A 0PW. The Parliamentary Archives catalogue numbers for the Command Papers are HL/PO/JO/10/11/2031/2878 (Cmnd 7874), HL/PO/JO/10/11/1959/2032 (Cmnd 8277) and HL/PO/JO/10/11/3156/2280 (Cm 5044). S.I. 1997/1510 , amended by S.I. 2020/362 . There are other amendments but none is relevant. The International Code for Ships Operating in Polar Waters, known as the “Polar Code”, was adopted by International Maritime Organization (IMO) Resolutions MSC.385(94) and MEPC.264(68) and took effect on 1st January 2017 upon entry into force of new Chapter XIV in the Annex to the Convention, which incorporated it into the Convention, and amendments to Annexes I, II, IV and V of the International Convention for the Prevention of Pollution from Ships, 1973 (MARPOL). IMO Resolution MSC.386(94) adopted amendments to the Convention to incorporate Chapter XIV and the safety related provisions of the Polar Code, and MEPC.265(68) adopted amendments to Annexes I, II, IV and V of MARPOL to incorporate the environment related provisions. MARPOL was published in Cmnd 5748 and was amended by the Protocols of 1978 (Cmnd 7347) and 1997 (Cm 4427). The Polar Code is amended by IMO Resolution MSC.538(107) and the amendments come into force on 1st January 2026. The Polar Code and Resolution MSC.538(107) are available in hard copy from the IMO of 4 Albert Embankment, London SE1 7SR, and at https://wwwcdn.imo.org/localresources/en/KnowledgeCentre/IndexofIMOResolutions/MSCResolutions/MSC.385(94).pdf and https://wwwcdn.imo.org/localresources/en/KnowledgeCentre/IndexofIMOResolutions/MSCResolutions/MSC.538(107).pdf respectively, and from the Maritime and Coastguard Agency (MCA) of Spring Place, 105 Commercial Road, Southampton, SO15 1EG (telephone 020 3817 2000 and email MarineTechnology@mcga.gov.uk . Hard copies of the Command Papers are available for inspection free of charge but by appointment at the Parliamentary Archives, Houses of Parliament, London SW1A 0PW. The Parliamentary Archives catalogue numbers for the Command Papers are HL/PO/JO/10/11/1853/505 (Cmnd 5748), HL/PO/JO/10/11/1959/2033 (Cmnd 7347) and HL/PO/JO/10/11/3156/2285 (Cm 4427). MARPOL and its amendments are available in hard copy from the IMO or the MCA. MARPOL and its amendments can also be found on the Foreign, Commonwealth and Development Office treaties database ( https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch ). Polar waters are illustrated in figure 1 and figure 2 in the Introduction to the Polar Code. Regulation 33 in Chapter V of the Convention (safety of navigation) places an obligation on the master to provide assistance to persons in distress at sea and this obligation is implemented in the Merchant Shipping (Safety of Navigation) Regulations 2020 ( S.I. 2020/673 ), amended by S.I. 2022/1219 and 2025/134 . S.I. 2015/508 , amended by S.I. 2018/53 , 2022/41 , 2022/1219 and by these Regulations. There are other amendments but none is relevant. Guidance in relation to the matters requiring the approval of the Secretary of State in the Polar Code is set out in Marine Guidance Note (MGN) 637 (M) Amendment 1. MGN 637 (M) Amendment 1 is available from the Maritime and Coastguard Agency of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone 020 3817 2000) and email MarineTechnology@mcga.gov.uk ) and on https://www.gov.uk/government/collections/marine-guidance-notices-mgns . Section 284 was amended by Schedule 1 to the Merchant Shipping and Maritime Security Act 1997 (c. 28) and S.I. 2015/664 . Section 96(7) was amended by Part 1 of Schedule 10 to the Tribunals, Courts and Enforcement Act 2007 (c. 15) and by Schedule 11 to the Constitutional Reform Act 2005 (c. 4) . Section 96(10) was repealed by Schedule 4 to the Arbitration Act 1996 (c. 23) . Section 95 was amended by the Merchant Shipping and Maritime Security Act 1997 (c. 28) , Schedule 1, paragraph 2. S.I. 2025/1234 . S.I. 2022/1342 , amended by S.I. 2025/1195 and by these Regulations. The 1988 Protocol (Cm 5044) can be obtained in hard copy from the International Maritime Organization of 4 Albert Embankment, London SE1 7SR or found on the Foreign, Commonwealth and Development Office treaties database at https://treaties.fco.gov.uk/awweb/pdfopener?md=1&did=69573 . A hard copy of the Command Paper is available for inspection free of charge but by appointment at the Parliamentary Archives, Houses of Parliament, London SW1A 0PW; the Parliamentary Archives catalogue number for Cm 5044 is HL/PO/JO/10/11/3156/2280. S.I. 2018/1104 , amended by S.I. 2021/1401 , 2022/1342 , 2023/984 , 2023/1216 , 2024/280 , 2024/636 , 2025/1103 and by these Regulations. There are other amendments but none is relevant. S.I. 2018/58 , amended by S.I. 2018/242 and S.I. 2022/1219 .
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[uk-legislation-uksi][uksi] 2025-12-02 The Nuclear Installations (Prescribed Conditions and Excepted Matter) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1171/made
http://www.legislation.gov.uk/uksi/2025/1171/made The Nuclear Installations (Prescribed Conditions and Excepted Matter) Regulations 2025 King's Printer of Acts of Parliament 2025-11-11 NUCLEAR ENERGY Certain types of nuclear sites are subject to the nuclear third party liability (“NTPL”) regime established by the Nuclear Installations Act 1965 (“the Act”). In the event of a nuclear incident, the NTPL regime channels liability exclusively and strictly to the operator of the site responsible for the incident, however that liability is capped. The NTPL regime also requires operators of sites to have Secretary of State approved financial security arrangements in place to ensure they can meet any claims up to that cap. The Act implements the United Kingdom’s NTPL obligations under the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy (the Paris Convention). 2025 No. 1171 NUCLEAR ENERGY The Nuclear Installations (Prescribed Conditions and Excepted Matter) Regulations 2025 Made 6th November 2025 Laid before Parliament 11th November 2025 Coming into force 2nd December 2025 The Secretary of State makes these Regulations in exercise of the powers conferred by sections 7C(1)(a)(iii) and 26(1) of the Nuclear Installations Act 1965 . In accordance with article 4 of, and Schedule 3 to, the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 , the Secretary of State has consulted the Scottish Ministers. Citation, commencement and extent 1 1 These Regulations may be cited as the Nuclear Installations (Prescribed Conditions and Excepted Matter) Regulations 2025 and come into force on 2nd December 2025. 2 These Regulations extend to England and Wales, Scotland and Northern Ireland. Prescribed conditions 2 1 The conditions prescribed under section 7C(1)(a)(iii) of the Act are that, during the lifetime of the site— a the effective dose from radiation released from the site to a member of the public off site would be no greater than 1 millisievert in any 12-month period in all reasonably foreseeable circumstances and assuming no protective or mitigating actions are taken (the dose condition); b the risk of criticality occurring on the site is negligible (the criticality condition). 2 In this regulation— a “ Act ” means the Nuclear Installations Act 1965; b “ effective dose ” has the meaning given by section 11H(11) of the Act ; c “ the lifetime of the site ” means the period during which the site is subject to an appropriate permit . Amendment to the Nuclear Installations (Excepted Matter) Regulations 2017 3 1 The Nuclear Installations (Excepted Matter) Regulations 2017 are amended as follows. 2 In regulation 3 (excepted matter)— a in paragraph (1), for “paragraph (2) or (3)” substitute “paragraph (2), (3) or (4)” ; b after paragraph (3) insert— 4 The requirement in this paragraph is that the nuclear matter has been disposed of in an installation for the disposal of nuclear matter on an excluded disposal site . Vallance Minister of State Department for Energy Security and Net Zero 6th November 2025 Explanatory Note (This note is not part of the Regulations) Certain types of nuclear sites are subject to the nuclear third party liability (“ NTPL ”) regime established by the Nuclear Installations Act 1965 (“ the Act ”). In the event of a nuclear incident, the NTPL regime channels liability exclusively and strictly to the operator of the site responsible for the incident, however that liability is capped. The NTPL regime also requires operators of sites to have Secretary of State approved financial security arrangements in place to ensure they can meet any claims up to that cap. The Act implements the United Kingdom’s NTPL obligations under the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy (the Paris Convention). The 2004 Protocol to Amend the Convention on Nuclear Third Party Liability in the Field of Nuclear Energy (“ the Protocol ”) came into force on 1st January 2022, adding sites on which installations for the disposal of nuclear matter (“relevant disposal sites”) operate to the types of nuclear site subject to the NTPL regime. The changes were implemented domestically by the Nuclear Installations (Liability for Damage) Order 2016, which came into force on the same day. However, between the Protocol being agreed and entering into force, the States Parties to the Paris Convention agreed a route for certain relevant disposal sites to be exempt from the NTPL regime when they adopted the 2016 Decision and Recommendation Concerning the Application of the Paris Convention on Third Party Liability in the Field of Nuclear Energy to Nuclear Installations for the Disposal of Certain Types of Low-level Radioactive Waste. Section 7C of the Act and these Regulations implement the above Decision and Recommendation. Section 7C(1)(a)(i) and (ii) set out two of the necessary conditions (the permit condition and the site history condition) and regulation 2 of these Regulations prescribes two additional conditions (the dose condition and the criticality condition). A site which satisfies all four conditions is eligible to be granted excluded disposal site status, meaning it is no longer a relevant disposal site and is therefore exempt from the NTPL regime. Regulation 3 amends the Nuclear Installations (Excepted Matter) Regulations 2017 ( S.I. 2017/920 ) so that nuclear matter disposed of in an installation on an excluded disposal site is “ excepted matter ” for the purposes of the Act. This ensures that, when a site is exempted from the NTPL regime, responsibility does not revert to the operator of the site that the nuclear matter originated from. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. 1965 c. 57 . Section 7C was inserted by section 304 of the Energy Act 2023 (c. 52) . Section 26(1) was amended by section 32 of the Energy Act 1983 (c. 25) , paragraphs 16 and 26 of Schedule 12 to the Energy Act 2013 (c. 32) , sections 302(1) and (3) and 304(1) and (5) of the Energy Act 2023, S.I. 1999/2786 and 2016/562 , and is prospectively amended by paragraph 8(1) and (2) of Schedule 22 to the Energy Act 2023. See the definition of “prescribed” in section 26(1) of the Nuclear Installations Act 1965. S.I. 1999/1750 , amended by paragraph 30 of Schedule 12 to the Energy Act 2013 and S.I. 2016/562 . There are other amending instruments, but none is relevant. Section 11H was inserted by S.I. 2016/562 . See the definition of “appropriate permit” in section 26(1) of the Nuclear Installations Act 1965 (c. 57) . S.I. 2017/920 . See the definitions of “excluded disposal site” and “nuclear matter” in section 26(1) of the Nuclear Installations Act 1965.
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[uk-legislation-uksi][uksi] 2025-12-03 The South East Water Limited (River Ouse and Shell Brook) Drought Order 2025
http://www.legislation.gov.uk/uksi/2025/1266/made
http://www.legislation.gov.uk/uksi/2025/1266/made The South East Water Limited (River Ouse and Shell Brook) Drought Order 2025 King's Printer of Acts of Parliament 2025-12-03 WATER RESOURCES, ENGLAND This Order, made on the application of South East Water Limited (“the Company”), makes provision to meet a threatened serious deficiency of supplies of water in the Sussex region of the Company’s area of supply, which arises from an exceptional shortage of rain. In accordance with section 74(3) of the Water Resources Act 1991 (c. 57), this Order will cease to have effect at midnight on 2nd June 2026 (within six months of the day on which the Order comes into force). 2025 No. 1266 WATER RESOURCES, ENGLAND The South East Water Limited (River Ouse and Shell Brook) Drought Order 2025 Made 2nd December 2025 Coming into force 3rd December 2025 South East Water Limited (“ the Company ”) has made an application for an ordinary drought order under section 73(3)(b) of the Water Resources Act 1991 (“ the Act ”). The Secretary of State is satisfied that proper notices of the application have been published and served by the Company in accordance with paragraph 1 of Schedule 8 to the Act and no objections to the application have been made. In accordance with section 73(1) of the Act , the Secretary of State is also satisfied that, by reason of an exceptional shortage of rain, a serious deficiency of supplies of water is threatened in the Sussex region of the Company’s area of supply. It appears to the Secretary of State expedient to make the provisions in this Order with a view to meeting this deficiency. The Secretary of State makes this Order in exercise of the power conferred by sections 73(1) and 74(2)(f) and (5) of, and paragraph 2(5) of Schedule 8 to, the Act. Citation, commencement, expiry, extent and application 1 This Order— a may be cited as the South East Water Limited (River Ouse and Shell Brook) Drought Order 2025; b comes into force on 3rd December 2025 and ceases to have effect at midnight on 2nd June 2026; and c extends to England and Wales and applies in relation to England only. Interpretation 2 In this Order— “ the Company ” means South East Water Limited (company number 02679874); “ the Environmental Assessment Report ” means the document titled “South East Water - Water Resources Act 1991 - Section 74 Drought Order (River Ouse) Barcombe Mills - Winter Drought Scenario: Environmental Assessment Report” produced by Johns Associates Limited dated October 2025 ; “ the Licence ” means the abstraction licence numbered 21/128 granted and reissued by the Agency on 30th March 2004 authorising; augmentation release and compensation release from Ardingly Reservoir to the Shell Brook (Schedule 1 to the Licence), abstraction from the River Ouse at Barcombe (Schedule 2 to the Licence), abstraction from Ardingly Reservoir (Schedule 3 to the Licence), and abstraction from the River Ouse at Ardingly (Schedule 4 to the Licence), to the extent and manner, and subject to the terms and conditions, set out in Schedule 1 to the Licence . Modification of the conditions for augmentation release and compensation release in Schedule 1 to the Licence 3 While this Order is in force, in Schedule 1 to the Licence— a the definition of “Augmentation Release” is to be read as if for “4,000 metres 3 per day” there were substituted “1,000 metres 3 per day” ; b the section headed “COMPENSATION RELEASE” is to be read as if for “4,000 metres 3 per day” there were substituted “1,000 metres 3 per day” . Modification of authorisation to abstract water from the River Ouse at Barcombe 4 While this Order is in force, Schedule 2 to the Licence is modified as follows— a subject to paragraph (b), for the table at point 1 (Of the Natural Flow) in the section headed “MAXIMUM QUANTITY OF WATER TO BE ABSTRACTED” substitute the following table: Condition Quantity Authorised Daily If Natural Flow < 15,000m 3 per day Nil If Natural Flow > 15,000m 3 but < 40,000m 3 per day The amount by which Natural Flow exceeds 15,000m 3 per day If Natural Flow > 40,000m 3 but < 184,888m 3 per day 25,000m 3 per day +45% of the amount by which Natural Flow exceeds 40,000m 3 per day, up to a maximum of 90,200m 3 per day If Natural Flow > 184,888m 3 per day 90,200m 3 per day b If the level of the Ardingly Reservoir falls below 45.7 metres Above Ordnance Datum, equating to a useable storage of less than 500 megalitres, for the table at point 1 (Of the Natural Flow) in the section headed “MAXIMUM QUANTITY OF WATER TO BE ABSTRACTED” substitute the following table: Condition Quantity Authorised Daily If Natural Flow < 10,000m 3 per day Nil If Natural Flow > 10,000m 3 but < 40,000m 3 per day The amount by which Natural Flow exceeds 10,000m 3 per day If Natural Flow > 40,000m 3 but < 173,777m 3 per day 30,000m 3 per day +45% of the amount by which Natural Flow exceeds 40,000m 3 per day, up to a maximum of 90,200m 3 per day If Natural Flow > 173,777m 3 per day 90,200m 3 per day Modification of the period during which water is authorised to be abstracted from the River Ouse at Ardingly 5 While this Order is in force, Schedule 4 to the Licence is to be read as if in the section headed “PERIOD DURING WHICH WATER IS AUTHORISED TO BE ABSTRACTED FOR THIS SCHEDULE”, for “November to April inclusive” there were substituted “The period that the South East Water Limited (River Ouse and Shell Brook) Drought Order 2025 is in force” . Monitoring conditions 6 1 While this Order is in force, the Company must— a undertake the environmental monitoring plan set out in section 5.4 of the Environmental Assessment Report and such additional environmental monitoring as required by the Agency; b keep the monitoring plan under review to ensure that it remains appropriate; c agree any changes to the monitoring plan with the Agency. 2 The Agency may— a at any time, require such changes to be made to the monitoring plan as it deems appropriate; b keep the monitoring plan under review to ensure it remains appropriate. 3 The Company must produce a weekly report, in such format as the Agency may require, detailing— a the results of the Company’s monitoring; b how the Company has complied with the conditions of this Order; c information as to how the Company has operated its water sources in accordance with the Licence and this Order. 4 The Company must provide such further information relating to the weekly report as the Agency may require. 5 The Company must keep such records relevant to this Order, in such format and for such time period as the Agency may require, and make these available to the Agency for inspection on reasonable request. Environmental mitigation 7 While this Order is in force, the Company must— a immediately notify the Agency of any indicators of environmental impact as set out in Table 5.2 of the Environmental Assessment Report observed during environmental monitoring and state the proposed mitigation measures in Table 5.2 which are to be implemented to address such environmental impact; b undertake the proposed mitigation measures communicated to the Agency pursuant to paragraph (a) unless otherwise agreed in writing with the Agency. Supplemental provision 8 For the purposes of regulation 19(3)(d) of the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 , nothing in this Order is to be taken as authorising any event causing environmental damage. For and on behalf of the Secretary of State Davide Minotti Deputy Director, Floods and Water Department for Environment, Food and Rural Affairs 2nd December 2025 Explanatory Note (This note is not part of the Order) This Order, made on the application of South East Water Limited (“ the Company ”), makes provision to meet a threatened serious deficiency of supplies of water in the Sussex region of the Company’s area of supply, which arises from an exceptional shortage of rain. In accordance with section 74(3) of the Water Resources Act 1991 (c. 57) , this Order will cease to have effect at midnight on 2nd June 2026 (within six months of the day on which the Order comes into force). The abstraction licence numbered 21/128 granted and reissued by the Environment Agency on 30th March 2004 (“ the Licence ”) currently authorises the Company to abstract water from the River Ouse at Barcombe, East Sussex subject to a range of conditions. Under the Licence the company may not abstract water from the River Ouse at Barcombe if the natural flow is less than 20 megalitres per day. Article 3 modifies the conditions in Schedule 1 to the Licence relating to augmentation and compensation releases from Ardingly Reservoir to the Shell Brook by reducing the minimum flow from 4 megalitres per day to 1 megalitre per day. Article 4 modifies the conditions in Schedule 2 to the Licence to reduce the natural flow in the River Ouse at Barcombe above which the Company is authorised to abstract water from 20 megalitres to 15 megalitres per day unless the level of the Ardingly Reservoir falls below 45.7 metres Above Ordnance Datum, equating to a useable storage of less than 500 megalitres, (“the Trigger Level”). When the Trigger Level is reached, the natural flow above which the Company is authorised to abstract water is further reduced to 10 megalitres per day. In addition, Article 4 increases the amount which the Company is authorised to abstract once the natural flow is greater than 40 megalitres per day. It also reduces the point at which the authorised daily maximum abstraction of 90.2 megalitres per day is reached from natural flow over 196 megalitres per day to natural flow over 184.89 megalitres per day unless the Trigger Level is reached in which case it is further reduced to natural flow over 173.78 megalitres per day. Article 5 allows abstraction under Schedule 4 to the Licence to commence when this Order comes into force and continue for the duration of this Order. Article 6 imposes conditions on the Company in respect of environmental monitoring set out in the document titled “South East Water - Water Resources Act 1991 - Section 74 Drought Order (River Ouse) Barcombe Mills - Winter Drought Scenario: Environmental Assessment Report” produced by Johns Associates Limited and dated October 2025 (“the Environmental Assessment Report”) and as otherwise agreed with, or required by, the Environment Agency. Article 7 imposes conditions on the Company in respect of mitigation measures set out in the Environmental Assessment Report. Article 8 provides that the modifications made by this Order are not to be taken as authorising any environmental damage for the purposes of the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 ( S.I. 2015/810 ) (and accordingly, the Company may not rely on this Order to support grounds for an appeal against a notice relating to remediation of environmental damage). The Licence and the Environmental Assessment Report are available for public inspection at Teville Gate House, Teville Road, Worthing, West Sussex BN11 1UR. You may contact the Environment Agency by email at enquiries@environment-agency.gov.uk or by telephone on 03708 506506 to make an appointment for public inspection of these documents. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. 1991 c. 57 (“ the Act ”). Section 73(3) of the Act was amended by paragraphs 128 and 139(3) of Schedule 22 to the Environment Act 1995 (c. 25) and by S.I. 2013/755 (W. 90) . For the meaning of “ordinary drought order” see section 73(1) of the Act. Paragraph 1 of Schedule 8 to the Act was amended by paragraph 128 of Schedule 22 to the Environment Act 1995 and paragraph 3(7) of Schedule 11 to the Local Government (Wales) Act 1994 (c. 19) and by S.I. 2010/675 and 2013/755 (W. 90) . Section 73(1) of the Act was amended by paragraph 139(2) of Schedule 22 to the Environment Act 1995. The Environmental Assessment Report is available for public inspection at Teville Gate House, Teville Road, Worthing, West Sussex, BN11 1UR. You may contact the Environment Agency by email at enquiries@environment-agency.gov.uk or by telephone on 03708 506506 to make an appointment for public inspection of the Environmental Assessment Report. The Licence is available for public inspection at Teville Gate House, Teville Road, Worthing, West Sussex, BN11 1UR. You may contact the Environment Agency by email at enquiries@environment-agency.gov.uk or by telephone on 03708 506506 to make an appointment for public inspection of the Licence. S.I. 2015/810 , to which there are amendments not relevant to this Order.
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[uk-legislation-uksi][uksi] 2025-12-03 The Public Authorities (Fraud, Error and Recovery) Act 2025 (Commencement No. 1) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1265/made
http://www.legislation.gov.uk/uksi/2025/1265/made The Public Authorities (Fraud, Error and Recovery) Act 2025 (Commencement No. 1) Regulations 2025 King's Printer of Acts of Parliament 2025-12-03 SOCIAL SECURITY These are the first commencement regulations made under the Public Authorities (Fraud, Error and Recovery) Act 2025 (c. 28) (“the Act”). 2025 No. 1265 (C. 65) SOCIAL SECURITY The Public Authorities (Fraud, Error and Recovery) Act 2025 (Commencement No. 1) Regulations 2025 Made 3rd December 2025 The Secretary of State makes these Regulations in exercise of the powers conferred by section 109(1) and (3) of the Public Authorities (Fraud, Error and Recovery) Act 2025 . Citation and interpretation 1 1 These Regulations may be cited as the Public Authorities (Fraud, Error and Recovery) Act 2025 (Commencement No. 1) Regulations 2025. 2 In these Regulations “ the Act ” means the Public Authorities (Fraud, Error and Recovery) Act 2025. Commencement 2 1 Section 98 of the Act (rights of audience) comes into force on the day after the day on which these Regulations are made. 2 The following provisions of the Act come into force, in so far as they are not already in force , at the end of the period of two months beginning with the day on which the Act is passed— a section 78 (eligibility verification); b section 79 (eligibility verification: independent review); c Schedule 3 (eligibility verification etc). Signed by authority of the Secretary of State for Work and Pensions Andrew Western Parliamentary Under Secretary of State Department for Work and Pensions 3rd December 2025 Explanatory Note (This note is not part of the Regulations) These are the first commencement regulations made under the Public Authorities (Fraud, Error and Recovery) Act 2025 (c. 28) (“ the Act ”). Regulation 2(1) brings into force section 98 of the Act, on the day after the day on which these Regulations are made. Section 98 of the Act inserts new section 80F into the Social Security Administration Act 1992 (c. 5) (“the SSAA”), which grants rights of audience and rights to conduct litigation to designated officers of the Secretary of State in a magistrates’ court, the county court or the Crown Court in England and Wales for or in connection with debt recovery proceedings. Regulation 2(2) brings certain provisions of the Act into force, in so far as they are not already in force, at the end of the period of two months beginning with the day on which the Act is passed. Section 78 of the Act amends the SSAA by inserting new section 121DB and Schedule 3B, making provision for the Secretary of State to issue an eligibility verification notice and creating a new legal framework for the eligibility verification measures. The measures make provision for the Secretary of State to require banks and other financial institutions to provide information to help the Secretary of State verify a claimant’s entitlement to benefits and identify incorrect payments. Section 79 of the Act amends the SSAA by inserting new sections 121DC and 121DD. New section 121DC establishes a requirement for independent oversight of the new eligibility verification measures to help ensure accountability, compliance, and effectiveness. New section 121DD makes further provision in relation to this role and provides for information to be shared for the purposes of the independent person’s review. Part 1 of Schedule 3 to the Act contains new Schedule 3B. This inserted schedule establishes the power and legal framework for requiring information by way of an eligibility verification notice to assist the Secretary of State in identifying incorrect payments of certain benefits. Part 2 of Schedule 3 amends sections 330 and 331 of the Proceeds of Crime Act 2002 (c. 29) , so that certain offences relating to the failure to disclose knowledge or suspicion of money laundering in the regulated sector are not committed where the information obtained is solely as a result of complying with an eligibility verification notice. 2025 c. 28 . See section 109(2)(b) of the Public Authorities (Fraud, Error and Recovery) Act 2025 which sets out the provisions which come into force on the day on which the Act is passed.
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[uk-legislation-uksi][uksi] 2025-12-03 The Dogger Bank Creyke Beck Offshore Wind Farm (Amendment) Order 2025
http://www.legislation.gov.uk/uksi/2025/1264/made
http://www.legislation.gov.uk/uksi/2025/1264/made The Dogger Bank Creyke Beck Offshore Wind Farm (Amendment) Order 2025 en King's Printer of Acts of Parliament 2025-12-03 INFRASTRUCTURE PLANNING This Order amends the Dogger Bank Creyke Beck Offshore Wind Farm Order 2015, a development consent order under the Planning Act 2008, following an application made in accordance with the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 for a non-material change under paragraph 2 of Schedule 6 to the Planning Act 2008. This Order allows for the two parts of the project to be considered separately, and for the discharge and enforcement of the relevant requirements on a project specific basis. 2025 No. 1264 Infrastructure Planning The Dogger Bank Creyke Beck Offshore Wind Farm (Amendment) Order 2025 Made 20th November 2025 Coming into force 21st November 2025 An application has been made, under paragraph 2 of Schedule 6 to the Planning Act 2008 , to the Secretary of State in accordance with the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 (“ the 2011 Regulations ”) for a non-material change to the Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 (“ the 2015 Order ”) . The Secretary of State, having considered the application, the responses to the publicity and consultation required by regulations 6 and 7 of the 2011 Regulations, has decided to make this order amending the 2015 Order. Accordingly, the Secretary of State, in exercise of the powers in paragraph 2 of Schedule 6 to the Planning Act 2008, makes the following Order. Citation and commencement 1 This Order may be cited as the Dogger Bank Creyke Beck Offshore Wind Farm (Amendment) Order 2025 and comes into force on 21st November 2025. Amendment to the Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 2 The Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 is amended in accordance with this Order. Amendment to Article 2 (interpretation) 3 Article 2 is amended as follows— a in the definition of “Project A offshore works” after “means” insert “(except in Part 3 of Schedule 1)” ; b in the definition of “Project A onshore works” after “means” insert “(except in Part 3 of Schedule 1)” ; c in the definition of “Project B offshore works” after “means” insert “(except in Part 3 of Schedule 1)” ; d in the definition of “Project B onshore works” after “means” insert “(except in Part 3 of Schedule 1)” ; e in the definition of “shared works” after “means” insert “(except in Part 3 of Schedule 1)” . Amendment to Article 11 (Offshore works: abandonment, decay or removal) of the Order 4 Article 11 is amended as follows— a in paragraph 11(1) after “Where the” insert “Project A” ; b in paragraph 11(1)(a) after “remove the” insert “Project A” ; c in sub-paragraph 11(1)(b) after “restore the site of the” insert “Project A” ; d in paragraphs 11(1) and 11(2) in each place it occurs, for “the undertaker” substitute “Bizco 1” ; e in paragraph 11(2) after the words “Where the” insert “Project A” and after “restore the site of the” insert “Project A” ; f after paragraph 11(2) insert— 2A Where the Project B offshore works or any part of them are abandoned or allowed to fall into decay the Secretary of State may, following consultation with Bizco 4, issue a written notice requiring Bizco 4 at its own expense— a to repair and restore or remove the Project B offshore works or any part of it; and b to restore the site of the Project B offshore works or any part of it to a safe and appropriate condition, having regard to any requirement that appears to the Secretary of State to be relevant, within an area and to such an extent as may be specified in the notice. 2B Where the Project B offshore works or any part of them are removed (other than in accordance with paragraph (2A)), the Secretary of State may, following consultation with Bizco 4 and the relevant statutory nature conservation body, issue a written notice requiring Bizco 4 at its own expense to restore the site of the Project B offshore works or any relevant part to a safe and appropriate condition, having regard to any requirement that appears to the Secretary of State to be relevant, within an area and to such an extent as may be specified in the notice. . Amendment to Part 3 (Requirements) of Schedule 1 (Authorised Project) 5 Schedule 1 (Authorised Project), Part 3 (Requirements), paragraph 1 is amended as follows— a for the definition of “onshore works”, substitute ““ onshore works ” means the Project A onshore works, the Project B onshore works and the shared works (all as defined in Part 3 of this Schedule);” ; b after the definition of “onshore works” insert— “ Project A converter station works ” means the electrical converter substation and compound included in Work No. 7 relating to Project A only; “ Project B converter station works ” means the electrical converter substation and compound included in Work No. 7 relating to Project B only; “ Project A offshore works ” means Work Nos. 1A, 2A, and 2T and any related associated development; “ Project B offshore works ” means Work Nos. 1B, 2B, 2BA, 2BC and 2T and any related associated development; “ Project A onshore works ” means the Project A converter station works, Work Nos. 3A, 4A, 5A, 6A, 8A and 9A and any related associated development save that cable preparation works relating to Work Nos. 3A, 4A, 5A, 6A, 8A and 9A are excluded where those works are carried out as shared works; “ Project B onshore works ” means the Project B converter station works, Work Nos. 3B, 4B, 5B, 6B, 8B and 9B and any related associated development save that cable preparation works relating to Work Nos. 3B, 4B, 5B, 6B, 8B and 9B are excluded where those works are carried out as shared works; “ shared works ” means Work No. 7 (save for the Project A converter station works and the Project B converter station works), and Works Nos. 10A, 10B, 10C, 10D, 10E and 10F and any related associated development; and . 6 In Schedule 1 (Authorised Project), Part 3 (requirements), paragraph 6(9)— a for “the Project A offshore works” substitute “Work Nos. 1A, 2A, 2T and 3A” ; b for “the Project B offshore works” substitute “Work Nos. 1B, 2B, 2BA, 2BC, 2T and 3B” . 7 Schedule 1 (Authorised Project), Part 3 (Requirements), paragraph 16 is amended as follows— a in paragraph 16(4)— i for “Work No. 7” substitute “the Project A converter station works” ; ii after “must be completed before” insert “any part or parts of” ; b after paragraph 16(4) insert— 4A Any approved permanent fencing in relation to the Project B converter station works must be completed before any part or parts of the relevant work is brought into use. 4B Any approved permanent fencing in relation to the shared works forming Work No. 7 must be completed before any part or parts of the Project A onshore works or Project B onshore works are brought into use. . 8 Schedule 1 (Authorised Project), Part 3 (Requirements), paragraph 19 is amended as follows— a in paragraph 19(1) for “Work No. 7” substitute “The Project A converter station works” ; b after paragraph 19(1) insert— 1A The Project B converter station works must not commence until a detailed scheme addressing the matters referred to in sub-paragraph (2) has been submitted to and approved in writing by the relevant planning authority following consultation with the Environment Agency. ; c in paragraphs 19(2) and 19(3), in both places it occurs, for “The scheme” substitute “Each scheme” . 9 Schedule 1 (Authorised Project), Part 3 (Requirements), paragraph 25 is amended as follows— a in paragraph 25(1)— i for “Work No. 7” substitute “the Project A converter station” ; ii after “must”, delete “each or together”; iii after “35 decibels”, insert “(including when taken as a whole with the Project B converter station)” . b after paragraph 25(1) insert— 1A The noise emanating from the operation of the Project B converter station (including transformers, cooling fans, switch gear and power lines) must not exceed operational noise levels of 35 decibels (including when taken as a whole with the Project A converter station) as given in BS4142 at the nearest receptors identified on the works plans as follows (with grid references shown as easting: northing)— a Halfway House (504796; 436331); b Model Farm (504011; 436576); c Poplar Farm (503727; 435672); and d Wanlass Farm (504385; 435168). ; c in paragraph 25(3), after “in relation to the”, insert “Project A” ; d after paragraph 25(3) insert— 3A All standby generator testing in relation to the Project B onshore works must be undertaken between 9 a.m. and 5 p.m. on Monday to Saturday, and not at all on Sundays or public or bank holidays, unless otherwise agreed in writing with the relevant planning authority. . 10 Schedule 1 (Authorised Project), Part 3 (Requirements), paragraph 26 is amended as follows— a in paragraph 26(1), for “Work No. 7” substitute “The Project A converter station works” ; b in paragraph 26(2)— i after “artificial light emissions” insert “under paragraph (1)” ; ii after “during the operation of the” insert “Project A” . c after paragraph 26(2) insert— 3 The Project B converter station works must not be brought into operation until a written scheme for the management and mitigation of artificial light emissions during the operation of the Project B converter station works has been submitted to and approved by the relevant planning authority following consultation with the relevant statutory nature conservation body. 4 The approved scheme for the management and mitigation of artificial light emissions under paragraph (3) must be implemented and maintained during the operation of the Project B onshore works. . 11 Schedule 1 (Authorised Project), Part 3 (Requirements), paragraph 30 is amended as follows— a in paragraph 30(1)— i replace “The undertaker” with “Bizco 1” ; ii replace “onshore works gives” with “Project A onshore works and shared works give” ; b after paragraph 30(1) insert— 1A Bizco 4 must submit to the relevant planning authority for approval a scheme to rectify the situation in the event that the operation of the Project B onshore works and shared works give rise to interference with telecommunications or television equipment at nearby residential properties. ; c in paragraph 30(2) for “The scheme”, substitute “Each scheme” ; d in paragraph 30(3) after “in accordance with the”, insert “relevant” . 12 Schedule 1 (Authorised Project), Part 3 (Requirements), paragraph 31 is amended as follows— a in paragraph 31(1)— i after “operation of the” insert “Project A” ; ii in both places it occurs, after “onshore works (in whole or in part)” insert “and any part of the shared works not required for the commercial operation of Project B” ; iii replace “the undertaker” with “Bizco 1” ; iv after “removal of the” insert “Project A” ; b after paragraph 31(1) insert— 1A No later than 3 months before the cessation of commercial operation of the Project B onshore works (in whole or in part) and any part of the shared works not required for the commercial operation of Project A, Bizco 4 must submit to the relevant planning authority for approval a scheme for the demolition and removal of the Project B onshore works (in whole or in part) and any part of the shared works not required for the commercial operation of Project A, stating the final proposed condition of the relevant land including a proposed timetable. ; c in paragraph 31(2) replace “The proposed scheme” with “Each proposed scheme” ; d after paragraph 31(2) insert— 3 References in this requirement to “ the shared works ” means those elements of the shared works as they relate to Project A or Project B and, for the avoidance of doubt, paragraph (1) of this requirement will not be triggered when Project B ceases commercial operation and paragraph (1A) of this requirement will not be triggered when Project A ceases commercial operation. . Signed by authority of the Secretary of State for Energy Security and Net Zero John Wheadon Head of Energy Infrastructure Planning and Innovation Department for Energy Security and Net Zero 20th November 2025 EXPLANATORY NOTE (This note is not part of the Order) This Order amends the Dogger Bank Creyke Beck Offshore Wind Farm Order 2015, a development consent order under the Planning Act 2008, following an application made in accordance with the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 for a non-material change under paragraph 2 of Schedule 6 to the Planning Act 2008. This Order allows for the two parts of the project to be considered separately, and for the discharge and enforcement of the relevant requirements on a project specific basis. Paragraph 2 was amended by paragraph 4 of Schedule 8 to the Marine and Coastal Access Act 2009 (c. 23 ) , by paragraphs 1 and 72 of Schedule 13 to the Localism Act 2011 (c. 20) , and by section 28 of the Infrastructure Act 2015 (c. 7) . There are other amendments to the Act that are not relevant to this Order. As amended by S.I. 2012/635 and S.I. 2015/760 . S.I. 2015/1592 as amended by S.I. 2015/1742 , S.I. 2019/838 , S.I. 2020/329 and S.I. 2022/681 .
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[uk-legislation-uksi][uksi] 2025-12-03 The Police, Crime, Sentencing and Courts Act 2022 (Victim Information Requests: Code of Practice) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1260/made
http://www.legislation.gov.uk/uksi/2025/1260/made The Police, Crime, Sentencing and Courts Act 2022 (Victim Information Requests: Code of Practice) Regulations 2025 King's Printer of Acts of Parliament 2025-12-03 POLICE These Regulations bring into force on 12th January 2026 a code of practice containing guidance on the statutory duties set out in sections 44A to 44C and 44F of the Police, Crime, Sentencing and Courts Act 2022 (c. 32) (“the 2022 Act”) as inserted by sections 28 and 29 of the Victims and Prisoners Act 2024 (c. 21). 2025 No. 1260 POLICE The Police, Crime, Sentencing and Courts Act 2022 (Victim Information Requests: Code of Practice) Regulations 2025 Made 2nd December 2025 Laid before Parliament 3rd December 2025 Coming into force 12th January 2026 The Secretary of State makes these Regulations in exercise of the powers conferred by section 44D(7) (including as applied by section 44F(1)) of the Police, Crime, Sentencing and Courts Act 2022 (“ the Act ”) . In accordance with section 44D(5) (including as applied by section 44F(1)) of the Act, the Secretary of State in preparing the code of practice has consulted with the persons specified in that section. In accordance with section 44D(6) (including as applied by section 44F(1)) of the Act, after preparing the code of practice, the Secretary of State laid it before Parliament and published it. Citation, commencement and extent 1 1 These Regulations may be cited as the Police, Crime, Sentencing and Courts Act 2022 (Victim Information Requests: Code of Practice) Regulations 2025. 2 These Regulations come into force on 12th January 2026. 3 These Regulations extend to England and Wales, subject as follows. 4 Insofar as these Regulations relate to the persons specified in section 44F(2) (application of Chapter 3A to service police etc) of the Police, Crime, Sentencing and Courts Act 2022, these Regulations extend to England and Wales, Scotland and Northern Ireland. Code of Practice 2 The code of practice entitled “Victim Information Requests: Code of Practice” laid before Parliament and published on 1st December 2025 comes into force on 12th January 2026. Jess Phillips Parliamentary Under Secretary of State Home Office 2nd December 2025 Explanatory Note (This note is not part of the Regulations) These Regulations bring into force on 12th January 2026 a code of practice containing guidance on the statutory duties set out in sections 44A to 44C and 44F of the Police, Crime, Sentencing and Courts Act 2022 (c. 32) (“ the 2022 Act ”) as inserted by sections 28 and 29 of the Victims and Prisoners Act 2024 (c. 21) . Section 44A provides that an authorised person may request information relating to a victim where an authorised person has reason to believe that (i) the third party holds the information sought, (ii) the information sought is relevant to a line of enquiry being or to be pursued and (iii) the authorised person is satisfied that the request is necessary and proportionate for the purpose of prevention, detection, investigation or prosecution of a crime. In addition, where the request relates to counselling information, the authorised person must have reason to believe that the information sought is likely to have substantial probative value to a reasonable line of enquiry being or to be pursued. In making a victim information request or deciding whether to make such a request, an authorised person must have regard to the code of practice for the time being in force under section 44D. The statutory framework applies to authorised persons (see section 44E of the 2022 Act) and their equivalents in the service police (see section 44F of the 2022 Act). A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. A copy of the code of practice referred to in this instrument can be found online at www.gov.uk and hard copies can be obtained by writing to the Home Office, 2 Marsham Street, London SW1P 4DF. An Explanatory Memorandum has been published alongside these Regulations on www.legislation.gov.uk . Copies may be obtained from the Data and Identity Directorate at the Home Office at 2 Marsham Street, London SW1P 4DF. 2022 c. 32 . Sections 44D and 44F of the Police, Crime, Sentencing and Courts Act 2022 were inserted respectively by sections 28 and 29 of the Victims and Prisoners Act 2024 (c. 21) . The code of practice is available online at www.gov.uk . A copy may also be obtained by writing to the Home Office, 2 Marsham Street, London SW1P 4DF.
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[uk-legislation-uksi][uksi] 2025-12-03 The Police, Crime, Sentencing and Courts Act 2022 (Counselling Services) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1259/made
http://www.legislation.gov.uk/uksi/2025/1259/made The Police, Crime, Sentencing and Courts Act 2022 (Counselling Services) Regulations 2025 King's Printer of Acts of Parliament 2025-12-03 POLICE Chapter 3A of Part 2 of the Police, Crime, Sentencing and Courts Act 2022 (“the 2022 Act”) (c. 32) relates to victim third party material requests. Under section 44A(4), authorised persons and their equivalents in the service police (as defined respectively in sections 44E and 44F(2) of the 2022 Act) may only request counselling information where they reasonably believe that the information has substantial probative value to a reasonable line of enquiry. 2025 No. 1259 POLICE The Police, Crime, Sentencing and Courts Act 2022 (Counselling Services) Regulations 2025 Made 2nd December 2025 Laid before Parliament 3rd December 2025 Coming into force 12th January 2026 The Secretary of State makes these Regulations in exercise of the power conferred by section 44A(5) (including as applied by section 44F(1)) of the Police, Crime, Sentencing and Courts Act 2022 . Citation, commencement and extent 1 1 These Regulations may be cited as the Police, Crime, Sentencing and Courts Act 2022 (Counselling Services) Regulations 2025 and come into force on 12th January 2026. 2 These Regulations extend to England and Wales, subject as follows. 3 Insofar as these Regulations relate to the persons mentioned in section 44F(2) (application of Chapter 3A to service police etc) of the Police, Crime, Sentencing and Courts Act 2022, these Regulations extend to England and Wales, Scotland and Northern Ireland. Description of counselling services 2 A counselling service is of a description specified for the purpose of section 44A(5) of the Police, Crime, Sentencing and Courts Act 2022 if it is a service, whether paid or unpaid, offering psychological or emotional support to a service user for the purpose of improving the service user’s emotional or mental health. Jess Phillips Parliamentary Under Secretary of State Home Office 2nd December 2025 Explanatory Note (This note is not part of the Regulations) Chapter 3A of Part 2 of the Police, Crime, Sentencing and Courts Act 2022 (“ the 2022 Act ”) (c. 32) relates to victim third party material requests. Under section 44A(4), authorised persons and their equivalents in the service police (as defined respectively in sections 44E and 44F(2) of the 2022 Act) may only request counselling information where they reasonably believe that the information has substantial probative value to a reasonable line of enquiry. Regulation 2 of these Regulations describes the counselling services which are covered by section 44A(4). The description also operates for the purpose of section 44D(2) of the 2022 Act (by virtue of section 44D(3) of that Act), which requires the Secretary of State to publish a code of practice for authorised persons with specific content relating to counselling information requests, and for the purpose of section 30 of the Victim and Prisoners Act 2024 (c. 21) (by virtue of section 30(4) of that Act) which requires the Secretary of State to publish a report about the operation in the relevant review period of Chapter 3A of Part 2 of the 2022 Act in relation to counselling information requests. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. An Explanatory Memorandum has been published alongside these Regulations on www.legislation.gov.uk . Copies may be obtained from the Data and Identity Directorate at the Home Office at 2 Marsham Street, London SW1P 4DF. 2022 c. 32 . Sections 44A and 44F of the Police, Crime, Sentencing and Courts Act 2022 were inserted respectively by sections 28 and 29 of the Victims and Prisoners Act 2024 (c. 21) .
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[uk-legislation-uksi][uksi] 2025-12-03
http://www.legislation.gov.uk/wsi/2025/1257/made
http://www.legislation.gov.uk/wsi/2025/1257/made The Health and Social Care (Wales) Act 2025 (Commencement No. 1 and Transitional and Saving Provisions) Order 2025 en King's Printer of Acts of Parliament 2025-12-03 HEALTH AND SOCIAL CARE, WALES This is the first Commencement Order made by the Welsh Ministers under the Health and Social Care (Wales) Act 2025 (asc 1) (“the Act”). 2025 No. 1257 (W. 202) (C. 63) Health And Social Care, Wales The Health and Social Care (Wales) Act 2025 (Commencement No. 1 and Transitional and Saving Provisions) Order 2025 Made 28 November 2025 The Welsh Ministers, in exercise of the powers conferred on them by section 29(2) and (3) of the Health and Social Care (Wales) Act 2025 , make the following Order. Title and interpretation 1 1 The title of this Order is the Health and Social Care (Wales) Act 2025 (Commencement No. 1 and Transitional and Saving Provisions) Order 2025. 2 In this Order— “ the 2006 Act ” (“ Deddf 2006 ”) means the National Health Service (Wales) Act 2006 ; “ the 2014 Act ” (“ Deddf 2014 ”) means the Social Services and Well-being (Wales) Act 2014 ; “ the 2016 Act ” (“ Deddf 2016 ”) means the Regulation and Inspection of Social Care (Wales) Act 2016 ; “ the Act ” (“ y Ddeddf ”) means the Health and Social Care (Wales) Act 2025. Provisions relating to the provision of social care services to children: restrictions on profit 2 1 The following provisions of the Act come into force on 1 January 2026— a section 3(1) and (2) (applications for registration in respect of restricted children’s services), b section 4 (registration in respect of a restricted children’s service: transitional arrangements)— i subsection (1); ii subsections (2) and (3), but only in so far as they insert paragraph 4(4) of Schedule 1A into the 2016 Act, c section 7 (providers of restricted children’s services: information contained in annual return), d section 8(1) and (2) (variation or cancellation of registration as a provider of a restricted children’s service), and e section 11 (duty to prepare and publish an annual sufficiency plan) in so far as it inserts subsection (3)(f) of section 75A into the 2014 Act. 2 The following provisions of the 2025 Act come into force on 1 April 2026— a sections 2 to 10 in so far as they are not already in force, and b section 12 (duty to secure accommodation: reporting), in so far as it inserts section 75D(a) into the 2014 Act. 3 The following provision of the 2025 Act comes into force on 1 July 2026: section 11 in so far as it inserts subsections (1), (2), (3)(a) and (e) of section 75A, and sections 75B and 75C into the 2014 Act. Miscellaneous provisions relating to social care services, social care workers and local authority social care functions 3 1 The following provisions of the Act come into force on 1 January 2026— a section 14(2)(c) (duty to submit and publish annual return), b section 15 (application for cancellation of service provider’s registration: information to be provided), c sub-paragraphs (2) and (5) to (8) of paragraph 7 of Schedule 1, and section 22 (social care: minor and consequential amendments) in so far as it relates to those sub-paragraphs, d section 20 (direct payments in social care)— i subsection (1); ii subsection (2)(a); iii subsection (2)(c) and (d), but only in so far as it commences paragraphs 1, 2 and 6 to 8 of Schedule A1 to the 2014 Act, and e paragraph 5(3)(d) of Schedule 1. 2 The following provisions of the Act come into force on 1 April 2026— a section 14 in so far as not already in force, b section 17 (information, inspection and investigations), except subsection (3), c section 19 (fitness to practice cases: powers to extend interim orders), d sub-paragraphs (9) to (13) of paragraph 7 of Schedule 1, and section 22 in so far as it relates to those sub-paragraphs, e section 20 in so far as not already in force, and f paragraphs 3, 4(1) and (3), 5 and 6 of Schedule 1, and section 22 in so far as it relates to those paragraphs, in so far as not already in force. Provisions relating to health care 4 The following provisions of the Act come into force on 1 January 2026— a section 24 (direct payments for health care), and b paragraphs 1 to 3 and 5 to 6 of Schedule 2, and section 25 (direct payments for health care: minor and consequential amendments) in so far as it relates to those paragraphs. Transitional and saving provisions 5 1 In this article the following terms, listed in the order that they appear in this article, have the same meaning as in the 2016 Act— “local authority” ; “care home service” ; “fostering service” ; “secure accommodation service” ; “regulated service” ; “the tribunal” . 2 This article applies where, on or before 31 March 2026, a person other than a local authority applies for— a registration as a service provider in respect of a— i care home service provided wholly or mainly to children, ii fostering service, or iii secure accommodation service; b a variation of the service provider’s registration to provide one or more of the regulated services specified in sub-paragraph (a)— i which the service provider is not already registered to provide, or ii at, from or in relation to a place which is not already specified in the provider’s registration in relation to that service. 3 Where an application referred to in paragraph (2) has not been determined by the Welsh Ministers before 1 April 2026— a the application is to be treated as if section 6A(1) of the 2016 Act was not yet in force, and b if the application is granted, the service provider is to be treated for the purposes of section 6C and Schedule 1A to the 2016 Act as if the application had been granted prior to the coming into force of section 6A(1) of the 2016 Act. 4 For the purposes of paragraph (3) of this article, reference to an application being granted includes a decision by the tribunal to grant the application on appeal. Dawn Bowden Minister for Children and Social Care, under the authority of Jeremy Miles, Cabinet Secretary for Health and Social Care, one of the Welsh Ministers. 28 November 2025 EXPLANATORY NOTE (This note is not part of the Order) This is the first Commencement Order made by the Welsh Ministers under the Health and Social Care (Wales) Act 2025 (asc 1) (“ the Act ”). Article 2(1) brings into force, on 1 January 2026, the provisions specified in that article. Article 2(2) brings into force, on 1 April 2026, the provisions specified in that article. Article 2(3) brings into force, on 1 July 2026, the provisions specified in that article. Article 3(1) brings into force, on 1 January 2026, the provisions specified in that article. Article 3(2) brings into force, on 1 April 2026, the provisions specified in that article. Article 4 brings into force, on the 1 January 2026, the provisions specified in that article. Article 5 makes transitional and saving provisions where a person other than a local authority applies for registration as a service provider or for a variation of their registration to add a “ restricted children’s service ” (a care home service provided wholly or mainly to children, a fostering service or a secure accommodation service); or to add a place at which a restricted children’s service is provided to their existing registration. Where such an application is made on or before 31 March 2026 and has not been determined before section 6A of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) (“ the 2016 Act ”) comes into force on 1 April 2026, the application is to be treated as if the requirement in section 6A(1) was not yet in force. Accordingly, where an application is granted, the provisions in Schedule 1A to the 2016 Act, including the transitional provisions in paragraph 2 of Schedule 1A, apply to the service provider in respect of the service or a place that is the subject of the application. Section 29(1) of the Act brought the following provisions of the Act into force on 25 March 2025, which was the day after the day on which the Act received Royal Assent— a in Part 1— i sections 1, 16, 21 and 22 (in so far as it relates to paragraph 3(b) of Schedule 1); ii paragraphs 2(1) and (6), 3(b), 5(1) and (4), 7(1), (3), (4), (14) and (15) of Schedule 1; b in Part 2, sections 23 and 26; c Part 3. 2025 asc 1 . 2006 c. 42 . 2014 anaw 4 . 2016 anaw 2 . 2016 anaw 2 , section 189. 2016 anaw 2 , section 2, and paragraph 1 of Schedule 1. 2016 anaw 2 , section 2, and paragraph 5 of Schedule 1. 2016 anaw 2 , section 2, and paragraph 2 of Schedule 1. 2016 anaw 2 , section 2, and Schedule 1. 2016 anaw 2 , section 189.
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[uk-legislation-uksi][uksi] 2025-12-03 The Control of Mercury (Enforcement) (Amendment) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1189/made
http://www.legislation.gov.uk/uksi/2025/1189/made The Control of Mercury (Enforcement) (Amendment) Regulations 2025 King's Printer of Acts of Parliament 2025-11-14 ENVIRONMENTAL PROTECTION These Regulations make amendments to the Control of Mercury (Enforcement) Regulations 2017 (S.I. 2017/1200, “the 2017 Regulations”) for the purpose of implementing, with respect to Northern Ireland, Regulation (EU) 2024/1849 of the European Parliament and of the Council of 13 June 2024 amending Regulation (EU) 2017/852 on mercury as regards dental amalgam and other mercury-added products subject to export, import and manufacturing restrictions (EUR 2024/1849, “the 2024 amendment regulation”). The Control of Mercury (Enforcement) (Amendment) Regulations 2025 2025 No. 1189 ENVIRONMENTAL PROTECTION The Control of Mercury (Enforcement) (Amendment) Regulations 2025 Made 12th November 2025 Coming into force 3rd December 2025 The Secretary of State makes these Regulations in exercise of the powers conferred by section 8C(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 . In accordance with paragraph 8F(1) of Schedule 7 to that Act, this instrument has been laid before Parliament and approved by a resolution of each House of Parliament. In making these Regulations, the Secretary of State has had special regard to the matters listed in section 46 of the United Kingdom Internal Market Act 2020 . Citation, commencement and extent 1 1 These Regulations may be cited as the Control of Mercury (Enforcement) (Amendment) Regulations 2025 and come into force on the 21st day after the day on which they are made. 2 An amendment made by these Regulations has the same extent as the provision amended. Amendments to the Control of Mercury (Enforcement) Regulations 2017 2 The Control of Mercury (Enforcement) Regulations 2017 are amended in accordance with regulations 3 and 4. Amendment to regulation 33 (Imports and exports: assistance by customs officials) 3 In regulation 33(2)— a in paragraph (h), for “.” substitute “;” ; b after paragraph (h), insert— i with respect to Northern Ireland, Article 10(7) first subparagraph (which prohibits the export of dental amalgam); j with respect to Northern Ireland, after 31st December 2034, Article 10(7) second subparagraph in so far as it prohibits the import of dental amalgam. . Amendments to Schedule 1 (Laws relating to mercury) 4 1 In Schedule 1, in paragraph 1, in the table— a after the entry relating to Article 9(1) insert— With respect to Northern Ireland, Article 10(2a), subject to paragraph 3 of this Schedule Prohibits the use of dental amalgam for dental treatment, except when deemed necessary ; b after the entry relating to Article 10(6) second subparagraph insert— With respect to Northern Ireland, Article 10(7) first subparagraph Prohibits the export of dental amalgam With respect to Northern Ireland, Article 10(7) second subparagraph, subject to paragraph 3 of this Schedule Prohibits the import and manufacturing of dental amalgam ; c after the entry relating to Article 14(3) second subparagraph insert— With respect to Northern Ireland, Article 18(1a) Requires importers and manufacturers of dental amalgam to report amounts of dental amalgam imported or manufactured . 2 In Schedule 1, after paragraph 2, insert— 3 For the purposes of this Schedule, with respect to Northern Ireland, before the end of 31st December 2034— a Article 10(2a) of the Mercury Regulation is to be read as not applying to the use of dental amalgam, by a registered dentist or registered dental care professional, in dental treatment in Northern Ireland of a person residing in the United Kingdom; b Article 10(7) second subparagraph of the Mercury Regulation is to be read as not applying to the import of dental amalgam into Northern Ireland for use by a registered dentist or registered dental care professional, in dental treatment in Northern Ireland of a person residing in the United Kingdom. 4 In paragraph 3— “ registered dental care professional ” has the same meaning as in section 53(1) of the Dentists Act 1984 ; “ registered dentist ” has the same meaning as in section 53(1) of the Dentists Act 1984. . Emma Hardy Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs 12th November 2025 Explanatory Note (This note is not part of the Regulations) These Regulations make amendments to the Control of Mercury (Enforcement) Regulations 2017 ( S.I. 2017/1200 , “ the 2017 Regulations ”) for the purpose of implementing, with respect to Northern Ireland, Regulation (EU) 2024/1849 of the European Parliament and of the Council of 13 June 2024 amending Regulation (EU) 2017/852 on mercury as regards dental amalgam and other mercury-added products subject to export, import and manufacturing restrictions (EUR 2024/1849, “the 2024 amendment regulation”). Regulation 3 amends the 2017 Regulations to ensure that customs officials may assist with enforcement of new prohibitions on import and export of dental amalgam. Regulation 4 amends the 2017 Regulations to ensure that each new measure introduced by the 2024 amendment regulation is listed as a ‘relevant provision’ for the purpose of enforcement. The listing of new measures relating to use and import of dental amalgam is modified to give effect to Commission Notice, Application of Regulation (EU) 2024/1849 of the European Parliament and of the Council amending Regulation (EU) 2017/852 on mercury as regards dental amalgam and other mercury-added products subject to export, import and manufacturing restrictions to and in the United Kingdom in respect of Northern Ireland (C/2024/4675) . A full impact assessment has not been prepared for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. A de minimis assessment of the effect that this instrument will have on the cost of business has been prepared and is available from the Department for Environment, Food and Rural Affairs, 2 Marsham Street, London, SW1P 4DF. 2018 c. 16 . Section 8C was inserted by section 21 of the European Union (Withdrawal Agreement) Act 2020 (c. 1) (“ the 2020 Act ”) and amended by section 55(3) of the United Kingdom Internal Market Act 2020 (c. 27) . Paragraph 21 of Schedule 7 was amended by paragraph 53(2) of Schedule 5 to the 2020 Act and by paragraph 8(14)(b) of Schedule 2 to the Retained EU Law (Revocation and Reform) Act 2023 (c. 28) . Further to the Joint Declaration No. 1/2023 of the EU and the United Kingdom in the Joint Committee established by the Withdrawal Agreement of 24 March 2023, the Protocol (as amended by Joint Committee Decision No. 1/2023) is now known as the “Windsor Framework”. 2020 c. 27 . S.I. 2017/1200 , amended by S.I. 2020/1620 . A reference to the EU Mercury Regulations in the 2017 Regulations, with respect to Northern Ireland, is to be read as an ambulatory reference pursuant to paragraph 2A(1) and (2) of Schedule 8 to the European Union (Withdrawal) Act 2018. “the Mercury Regulation” is defined in regulation 3 of the Control of Mercury (Enforcement) Regulations 2017. 1984 c. 24 ; inserted by S.I. 2005/2011 , article 46(2)(b). A physical copy of this Commission Notice can be ordered from the Publications Office of the European Union.
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[uk-legislation-uksi][uksi] 2025-12-03 The Financial Services and Markets Act 2000 (Regulated Activities etc.) (Amendment) (No. 2) Order 2025
http://www.legislation.gov.uk/uksi/2025/1154/made
http://www.legislation.gov.uk/uksi/2025/1154/made The Financial Services and Markets Act 2000 (Regulated Activities etc.) (Amendment) (No. 2) Order 2025 2025-11-10 King's Printer of Acts of Parliament FINANCIAL SERVICES AND MARKETS This Order amends the Financial Services and Markets Act 2000 (Regulated Activities etc.) (Amendment) Order 2025 (S.I. 2025/859) (“the 2025 Order”), which provides for certain deferred payment credit agreements, also referred to as “buy-now-pay-later” agreements, to become regulated credit agreements within the meaning of article 60B(3) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544) (“RAO”). 2025 No. 1154 FINANCIAL SERVICES AND MARKETS The Financial Services and Markets Act 2000 (Regulated Activities etc.) (Amendment) (No. 2) Order 2025 Made 3rd November 2025 Laid before Parliament 4th November 2025 Coming into force 3rd December 2025 The Treasury make the following Order in exercise of the powers conferred by sections 22(1) and (5) and 428(3) of, and paragraph 25 of Schedule 2 to, the Financial Services and Markets Act 2000 . Citation, commencement and extent 1 1 This Order may be cited as the Financial Services and Markets Act 2000 (Regulated Activities etc.) (Amendment) (No. 2) Order 2025. 2 This Order comes into force on 3rd December 2025. 3 This Order extends to England and Wales, Scotland and Northern Ireland. Amendment of the Financial Services and Markets Act 2000 (Regulated Activities etc.) (Amendment) Order 2025 2 1 The Financial Services and Markets Act 2000 (Regulated Activities etc.) (Amendment) Order 2025 is amended as follows. 2 In article 3 (amendment of the Regulated Activities Order) in paragraph (2), in new article 36FB (activities in relation to certain regulated credit agreements)— a in paragraph (1), omit the words from “, unless” to the end of the paragraph; b omit paragraphs (2) and (3); c in paragraph (4), omit the definition of “customer”. 3 In article 6 (interpretation of Part 4), in the definition of “relevant activity”— a in paragraph (a) omit “36A (credit broking) or”; b in paragraph (b) for “activities specified by those articles”, substitute “activities specified by that article” . 4 After article 6 insert— Transitional provision: person with Part 4A permission to carry on an activity in relation to article 60B 6A 1 Subject to paragraph (3), where a person has a Part 4A permission to carry on an activity specified by article 60B (regulated credit agreements) of the Regulated Activities Order immediately before the regulatory commencement date (“the permission”), then on or after that date the permission is to be treated as permission to carry on an activity of a kind specified by that article as it has effect following the amendments made by this Order. 2 Subject to paragraph (3), where a person has a Part 4A permission to carry on an activity specified by article 64 (agreeing to carry on specified kinds of activity) of the Regulated Activities Order, so far as it relates to the activities specified by article 60B of that Order immediately before the regulatory commencement date (“the permission”), then on or after that date the permission is to be treated as permission to carry on an activity of a kind specified by article 64 so far as it relates to the activities specified by article 60B as it has effect following the amendments made by this Order. 3 A Part 4A permission that is treated as having been varied in accordance with paragraph (1) or (2) remains subject to any limitation or requirement imposed in relation to that permission which was in force immediately before the regulatory commencement date. 4 Paragraphs (1) to (3) do not affect the ability of the FCA to— a vary or cancel a Part 4A permission under the Act or; b impose, vary or cancel a requirement in relation to a Part 4A permission under the Act. . 5 In article 10(3) (temporary permission)— a in sub-paragraph (c)(i)— i after “in respect of article”, omit “36A or”; ii for “activities specified by those articles”, substitute “activity specified by that article” . b in sub-paragraph (d)(i)— i after “in respect of article”, omit “36A or”; ii for “activities specified by those articles”, substitute “activity specified by that article” . 6 In article 11 (application of the 2000 Act to persons with temporary permission)— a in paragraph (4), in the words following sub-paragraph (b) for “some or all”, substitute “either or both” ; b in paragraph (5) for “some or all”, substitute “either or both” . Taiwo Owatemi Gen Kitchen Two of the Lords Commissioners of His Majesty's Treasury 3rd November 2025 Explanatory Note (This note is not part of the Order) This Order amends the Financial Services and Markets Act 2000 (Regulated Activities etc.) (Amendment) Order 2025 ( S.I. 2025/859 ) (“ the 2025 Order ”), which provides for certain deferred payment credit agreements, also referred to as “ buy-now-pay-later ” agreements, to become regulated credit agreements within the meaning of article 60B(3) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ( S.I. 2001/544 ) (“ RAO ”). Article 2(2) of this Order provides that domestic premises suppliers are excluded from article 36A (credit broking) of the RAO when carrying on activities in relation to a regulated deferred payment credit agreement, under article 36FB of the RAO inserted by the 2025 Order. The effect is that all credit broking activities carried on in relation to a regulated deferred payment credit agreement are now excluded from article 36A of the RAO. Article 2(4) of this Order makes amendments relating to the transition to the new regime to regulate deferred payment credit agreements. It provides that when a person has a Part 4A permission immediately before the regulatory commencement date, 15th July 2026, to carry on an activity specified by article 60B (regulated credit agreements) of the RAO or article 64 (agreeing to carry on specified kinds of activity) of the RAO, that permission is to be treated as permission to carry on an activity of a kind specified by that article as it has effect following the amendments made by this Order. A full impact assessment of the effect that the 2025 Order will have on the costs of business, the voluntary sector and the public sector is available from His Majesty’s Treasury, 1 Horse Guards Road, London SW1A 2HQ or on www.gov.uk and is published alongside the 2025 Order on www.legislation.gov.uk . A de minimis impact assessment of the effect of this instrument is available from HM Treasury, 1 Horse Guards Road, London, SW1A 2HQ and is published alongside this instrument on www.legislation.gov.uk . 2000 c. 8 . Paragraph 25 of Schedule 2 was amended by section 8 of the Financial Services Act 2012 (c. 21) and section 27 of the Financial Guidance and Claims Act 2018 (c. 10) . Section 428 was amended by section 66 of the Financial Services and Markets Act 2023 (c. 29) . S.I. 2025/859 . Article 60B was inserted by S.I. 2013/1881 , and the definition of “credit agreement” was substituted by S.I. 2014/1850 . Article 64 was amended by S.I. 2002/682 , 2006/3384 , 2009/1389 , 2013/1773 , 2017/488 , 2018/135 and 2018/1253 .
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[uk-legislation-uksi][uksi] 2025-12-04
http://www.legislation.gov.uk/wsi/2025/1271/made
http://www.legislation.gov.uk/wsi/2025/1271/made The Agricultural Subsidies and Grants Schemes (Appeals) (Wales) (Amendment) Regulations 2025 en King's Printer of Acts of Parliament 2025-12-04 AGRICULTURE, WALES These Regulations amend the Agricultural Subsidies and Grants Schemes (Appeals) (Wales) Regulations 2006 to remove the maximum £100 fee limit that the Welsh Ministers can currently charge persons whose appeal relates to the basic payment scheme, the financing, management and monitoring of the common agricultural policy or support for rural development. For these appeals, the Welsh Ministers can charge such fee as they may determine. 2025 No. 1271 (W. 206) Agriculture, Wales The Agricultural Subsidies and Grants Schemes (Appeals) (Wales) (Amendment) Regulations 2025 Made 3 December 2025 Coming into force 1 January 2026 The Welsh Ministers make the following Regulations in exercise of the powers conferred on them by sections 16(1), 17(1) and 19(1) of the Agriculture (Wales) Act 2023 (“ the 2023 Act ”). In accordance with section 50(6) of the 2023 Act, a draft of these Regulations has been laid before, and approved by a resolution of, Senedd Cymru. Title and coming into force 1 1 The title of these Regulations is the Agricultural Subsidies and Grants Schemes (Appeals) (Wales) (Amendment) Regulations 2025. 2 These Regulations come into force on 1 January 2026. Amendment of the Agricultural Subsidies and Grants Schemes (Appeals) (Wales) Regulations 2006 2 1 The Agricultural Subsidies and Grants Schemes (Appeals) (Wales) Regulations 2006 are amended as follows. 2 In regulation 3(4)(b), after “determine”, insert “subject to paragraph (5)” . 3 After regulation 3(4) insert— 5 As far as the appeal fee relates to a pre-2023 Act scheme, the Welsh Ministers may charge any person whose appeal is considered under any such procedure as is mentioned in paragraph (3) such fee as the Welsh Ministers may determine. 6 In this regulation, “ a pre-2023 Act scheme ” means any scheme operating under legislation referred to in section 16(2), 17(2) or 19(2) of the Agriculture (Wales) Act 2023 . Huw Irranca-Davies Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs, one of the Welsh Ministers 3 December 2025 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend the Agricultural Subsidies and Grants Schemes (Appeals) (Wales) Regulations 2006 to remove the maximum £100 fee limit that the Welsh Ministers can currently charge persons whose appeal relates to the basic payment scheme, the financing, management and monitoring of the common agricultural policy or support for rural development. For these appeals, the Welsh Ministers can charge such fee as they may determine. The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales . 2023 asc 4 . S.I. 2006/3342 (W. 303) , to which there are amendments not relevant to these Regulations. 2023 asc 4 .
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[uk-legislation-uksi][uksi] 2025-12-04 The Levelling-up and Regeneration Act 2023 (Commencement No. 8 and Transitional Provision) Regulations 2025
http://www.legislation.gov.uk/uksi/2025/1262/made
http://www.legislation.gov.uk/uksi/2025/1262/made The Levelling-up and Regeneration Act 2023 (Commencement No. 8 and Transitional Provision) Regulations 2025 King's Printer of Acts of Parliament 2025-12-04 ACQUISITION OF LAND, ENGLAND AND WALES These Regulations are the eighth commencement regulations under the Levelling-up and Regeneration Act 2023 (c. 55, “the 2023 Act”). 2025 No. 1262 (C. 64) ACQUISITION OF LAND, ENGLAND AND WALES The Levelling-up and Regeneration Act 2023 (Commencement No. 8 and Transitional Provision) Regulations 2025 Made 1st December 2025 The Secretary of State makes these Regulations in exercise of the powers conferred by section 255(7), (11) and (12) of the Levelling-up and Regeneration Act 2023 . Citation, commencement and interpretation 1 1 These Regulations may be cited as the Levelling-up and Regeneration Act 2023 (Commencement No. 8 and Transitional Provision) Regulations 2025. 2 This regulation and regulation 3 come into force on the day after the day on which these Regulations are made. 3 In these Regulations— “ the 1981 Act ” means the Acquisition of Land Act 1981 ; “ acquiring authority ”, “compulsory purchase order”, and “confirming authority” have the meaning given to those terms in section 7(1) of the 1981 Act (interpretation). Provisions coming into force on the day after the day on which these Regulations are made 2 1 The following provisions of the Levelling-up and Regeneration Act 2023, so far as not already commenced, come into force on the day after the day on which these Regulations are made— a section 181 (online publicity) in relation to compulsory purchase orders to which paragraph (2) apply; b section 183(4) (conditional confirmation), so far as it relates to the provisions of Schedule 18 brought into force by sub-paragraph (d) ; c section 184 (corresponding provision for purchases by Ministers), so far as it relates to the provisions of Schedule 19 brought into force by sub-paragraph (e) ; d paragraph 3(1) and (2) of Schedule 18 (conditional confirmation and making of compulsory purchase orders: consequential amendments); e paragraph 1 of Schedule 19 (corresponding provision for purchases made by Ministers: online publicity) in relation to compulsory purchase orders to which paragraph (2) apply. 2 This paragraph applies to compulsory purchase orders that are— a subject to confirmation under Part 2 of the 1981 Act by a confirming authority other than the Welsh Ministers , or b prepared in draft under paragraph 1 of Schedule 1 to that Act by an acquiring authority other than the Welsh Ministers. Transitional provision 3 1 The amendments made to the 1981 Act by the provisions brought into force by regulation 2 (1) (a) , (c) and (e) do not apply in relation to a compulsory purchase order where the date in paragraph (2) is before the date on which those provisions come into force. 2 The date in this paragraph is the date on which— a notice of the making of the order is first published pursuant to section 11(1) of the 1981 Act, or b notice of the preparation in draft of the order is first published pursuant to paragraph 2(1) of Schedule 1 to the 1981 Act. Signed by authority of the Secretary of State for Housing, Communities and Local Government Matthew Pennycook Minister of State Ministry of Housing, Communities and Local Government 1st December 2025 Explanatory Note (This note is not part of the Regulations) These Regulations are the eighth commencement regulations under the Levelling-up and Regeneration Act 2023 (c. 55, “the 2023 Act”). Regulation 2 (1) (a) , (c) and (e) , read with regulation 2 (2) , brings into force certain provisions of the 2023 Act insofar as they relate to compulsory purchase orders (“CPOs”) subject to confirmation by a confirming authority other than the Welsh Ministers, or prepared in draft by a Minister other than a Welsh Minister: specifically, the remainder of section 181, and paragraph 1 of Schedule 19 (and section 184 to the extent it introduces that paragraph). Section 181 of the 2023 Act amends the Acquisition of Land Act 1981 (c. 67) (“ the 1981 Act ”) by amending sections 7, 11, 12, 15 and 22, and paragraph 9 of Schedule 3, as well as inserting a new section 12A. Paragraph 1 of Schedule 19 to the 2023 Act amends paragraphs 2, 3 and 6 of Schedule 1 to the 1981 Act, as well as inserting a new paragraph 3A into that Schedule. All of the amended and inserted provisions relate to notices and documents required as part of the CPO process; the effect of the amendments is to require that certain notices and documents be made available online. Regulation 2 (1) (b) and (d) brings into force paragraph 3(1) and (2) of Schedule 18 to the 2023 Act. Taken together, these paragraphs firstly, amend section 7 (3) of the 1981 Act so that regulations made under section 13BA of, and paragraph 4AA of Schedule 1 to, the 1981 Act are subject to the negative procedure in Parliament and secondly, insert new section 7 (4) into the 1981 Act which clarifies the responsibility of Welsh authorities when prescribing anything under the 1981 Act for CPOs made or confirmed by Welsh Ministers. Regulation 3 contains a transitional provision relating to the amendments made by sections 181, 184 and paragraph 1 of Schedule 19. This ensures the amendments do not affect CPOs where a relevant statutory public notice has been published before the relevant provisions come into force to avoid changing the law applicable to those CPOs mid-process. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary sector or community bodies is foreseen. An impact assessment has been produced in relation to the 2023 Act and copies can be obtained at https://bills.parliament.uk/bills/3155/publications or from the Ministry for Housing, Communities and Local Government at 2 Marsham Street, London, SW1P 4DF. NOTE AS TO EARLIER COMMENCEMENT Regulations (This note is not part of the Regulations) The following provisions of the Levelling-up and Regeneration Act 2023 have been brought into force by commencement regulations made before the date of these Regulations. Provision Date of Commencement S.I. No. Section 78 31.01.2024 2024/92 Section 81 31.01.2024 2024/92 Sections 84 to 86 31.03.2024 2024/389 Sections 89 to 91 31.03.2024 2024/389 Section 94 31.01.2024 2024/92 Section 103 25.04.2024 2024/452 Section 105 25.07.2024 2024/452 Sections 106 and 107 (partially) 31.01.2024 2024/92 Section 109 (partially) 01.05.2025 2025/430 Section 111 (partially) 31.03.2024 2024/389 Sections 115 to 120 25.04.2024 2024/452 Section 122 25.04.2024 2024/452 Section 123 31.01.2024 2024/92 Section 124 25.04.2024 2024/452 Section 129 31.01.2024 2024/92 Section 135 12.02.2024 2024/92 Section 140 31.01.2024 2024/92 Section 171 (partially) 31.03.2024 2024/389 Section 180 31.01.2024 2024/92 Section 181 (partially) 31.01.2024 2024/92 Section 181 (partially) 30.04.2024 2024/389 Sections 182 and 183 (partially) 31.03.2024 2024/389 Section 184 (partially) 31.01.2024 2024/92 Section 184 (partially) 31.03.2024 2024/389 Section 184 (partially) 30.04.2024 2024/389 Sections 185 to 188 31.01.2024 2024/92 Section 189 31.01.2025 2024/92 Section 190 (partially) 31.03.2024 2024/389 Section 190 (partially) 30.04.2024 2024/92 Sections 191 to 202 02.12.2024 2024/1138 Section 203 (partially) 31.03.2024 2024/389 Section 203 (remainder) 02.12.2024 2024/1138 Section 204 02.12.2024 2024/1138 Sections 205 and 206 (partially) 31.03.2024 2024/389 Sections 205 and 206 (remainder) 02.12.2024 2024/1138 Sections 207 to 213 02.12.2024 2024/1138 Section 214 (partially) 31.03.2024 2024/389 Section 214 (remainder) 02.12.2024 2024/1138 Section 215 31.03.2024 2024/389 Sections 216 to 218 02.12.2024 2024/1138 Section 229 31.03.2024 2024/389 Sections 237 and 238 01.11.2024 2024/1000 In Schedule 4— paragraphs 226 (partially) 26.12.2023 2023/1405 paragraphs 226 (remainder) 07.05.2024 2023/1405 paragraphs 227 to 229 26.12.2023 2023/1405 paragraphs 230 07.05.2024 2023/1405 Schedule 5 31.01.2024 2024/92 In Schedule 9— paragraph 1 (partially) 31.01.2024 2024/92 Schedule 10 (partially) 01.05.2025 2025/430 Schedule 13 (remainder) 31.03.2024 2024/389 In Schedule 19— paragraph 1 (partially) 31.01.2024 2024/92 paragraph 1 (partially) 30.04.2024 2024/389 paragraphs 2 and 3 (partially) 31.03.2024 2024/389 Schedules 20 and 21 02.12.2024 2024/1138 Schedule 22 31.03.2024 2024/389 Schedule 23 01.11.2024 2024/1000 2023 c. 55 . 1981 c. 67 . See article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 ( S.I. 1999/672 ) which transferred various functions of a Minister of the Crown, including under the Acquisition of Land Act 1981 ( 1981 c. 67 ), to the National Assembly for Wales and paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32) which transferred those functions to the Welsh Ministers.
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