Contents
- Flooding
- Inspections
- Supplementary
- Additional powers of enforcement authority
- Crown application
- Discontinuance or abandonment
- Monitoring and supervision
- New, enlarged and restored reservoirs
- Operation of Act, and administration
- Repeal, commencement etc.
- Transitional and temporary provisions
- Schedule 1 Index of General Definitions
- Schedule 2 Liability for Damage and Injury
Flooding
12AFlood plans: large raised reservoirs#
(1)
(1A)Where regulation 28(7) of the Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001 (linking provisions) applies, the effective date of the maintenance calculation shall be the date which would have been the beginning of the first maintenance period in respect of the conversion decision on or after what, but for this paragraph, would have been the relevant effective date provided for in regulation 24(2) to (4).
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(2)
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(d)
(e)in a case where the qualifying benefit which ceased—
at the time the work condition is satisfied; and
(3)
(a)
(b)
(ba)is a limited liability partnership, a member of that partnership;
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(d)
(e)in a case where the qualifying benefit which ceased—
at the time the work condition is satisfied; and
(f)
(4)
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12AAFlood plans: preparation#
(1)
(2)
(3)
(4)
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
(a)
(b)
(7)
(8)
(a)
(b)
(9)Where a person making a surrender under regulation D14—
(a)
(b)
references in paragraph (8) to the retirement pension are references to the retirement pension which would become payable if he were to cease to hold his employment on the day on which the surrender takes effect.
Inspections
10Periodical inspection of large raised reservoirs.#
(1)
(2)
(3)
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(3A)If a member dies before repayment of contributions have been made, these shall be treated as a lump sum death benefit for the purposes of section 168 of the Finance Act 2004.
(a)
(b)
(4)
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5A)The actuary must have regard to the Committee’s funding strategy statement published under regulation 76A.
(6)
(6A)A credited period arising from a request to accept a transfer value under regulation 124 which is made by a person who was an active member before 1st April 2008 shall be treated as a period of membership before that date.
(a)
(b)
(7)
(a)
(b)
(8)
(9)Where a person making a surrender under regulation D14—
(a)
(b)
references in paragraph (8) to the retirement pension are references to the retirement pension which would become payable if he were to cease to hold his employment on the day on which the surrender takes effect.
Supplementary
19Reference of disputed recommendations to referee.#
(1)
(a)
(b)
(1A)Where regulation 28(7) of the Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001 (linking provisions) applies, the effective date of the maintenance calculation shall be the date which would have been the beginning of the first maintenance period in respect of the conversion decision on or after what, but for this paragraph, would have been the relevant effective date provided for in regulation 24(2) to (4).
(2)
(3)
(4)
(4A)In paragraph (4), “net weekly income” has the same meaning as in the Maintenance Calculations and Special Cases Regulations.
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20General provisions as to reports, certificates etc. of engineers.#
(1)
(2)
(3)
(4)
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20AAssessment of reports and statements#
(1)
(a)
(b)
(2)
(3)
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(d)
21Duty of undertakers to furnish information.#
(1)
(a)
(b)
(2)
(3)
(4)
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(d)
(6)
22Criminal liability of undertakers and their employees.#
(1)
(a)
(b)
(1A)Where regulation 28(7) of the Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001 (linking provisions) applies, the effective date of the maintenance calculation shall be the date which would have been the beginning of the first maintenance period in respect of the conversion decision on or after what, but for this paragraph, would have been the relevant effective date provided for in regulation 24(2) to (4).
(a)
(b)
(1AA)An undertaker who fails to comply with section 10(5A) is guilty of an offence.
(1AB)A person guilty of an offence under subsection (1A) is liable—
(a)
(b)
(1AC)An undertaker who, without reasonable excuse, fails to comply with a direction to carry out a visual inspection under section 12(6) or with the notification requirement under section 12(7) is guilty of an offence.
(1AD)A person guilty of an offence under subsection (1AC) is liable—
(a)
(b)
(1AE)An undertaker who fails to comply with section 12AA(4), (6)(a) or (7) is guilty of an offence and liable—
(a)
(b)
(1AF)An undertaker who fails to comply with section 12AA(5) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(2)
(3)
(4)
(4A)In paragraph (4), “net weekly income” has the same meaning as in the Maintenance Calculations and Special Cases Regulations.
(4B)In the case of a newly qualifying member paragraph (4A) applies as if for “30th November 2007” there was substituted “6th February 2009”.
(4C)In the case of the Agreement No. 2 qualifying member, the denominator is—
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
(A1)The Department must by licence authorise the importation, movement or keeping of any pest or relevant material for any activity for trial or scientific purposes or for work on varietal selections in Northern Ireland, where the importation, movement or keeping of the pest or relevant material for any such purpose would otherwise be prohibited by this Order, if the Department—
(a)
(b)
(A2)the provisions are—
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
22AService of notices by the Environment Agency and the NRBW#
Section 123 of the Environment Act 1995 (service of documents) applies to any document authorised or required by virtue of any provision of this Act to be served or given by the Environment Agency or the NRBW as if it were authorised or required to be served or given by or under that Act.
22CExpenses#
The undertaker must pay to the appropriate agency the amount of expenses reasonably incurred by the appropriate agency in connection with the consultation of an engineer under—
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(d)
Crown application
Discontinuance or abandonment
13Discontinuance of large raised reservoirs.#
(1)
(1A)Where regulation 28(7) of the Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001 (linking provisions) applies, the effective date of the maintenance calculation shall be the date which would have been the beginning of the first maintenance period in respect of the conversion decision on or after what, but for this paragraph, would have been the relevant effective date provided for in regulation 24(2) to (4).
(1B)The provisions of Schedule 3 shall apply where –
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(1C)Where the provisions of Schedule 3 apply and, by virtue of regulation 4(3) of the Maintenance Assessment Procedure Regulations, the relevant date would be –
(1D)Where a maintenance assessment has been in force in relation to a non-resident parent, regulation 28B shall apply as if references to a maintenance calculation having been in force were to a maintenance assessment having been in force.
(1E)Any benefits paid following an election under paragraph (1A) are not subject to abatement under regulation 113 (application of abatement policy in individual cases) in respect of any subsequent employment with the person who is his employer at the date of his election.
(2)
(3)
(4)
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)
(b)
Monitoring and supervision
11Recording of water levels etc.#
(1)
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(2)
12Supervision of large raised reservoirs.#
(1)
(2)
(2A)In paragraph (2), “state pension credit” means state pension credit under the State Pension Credit Act (Northern Ireland) 2002.
(2B)The maximum a person may specify under paragraph (2) in respect of each employment for which he makes such an election is 50 per cent of the remuneration of that employment or an amount equal to 50 per cent of the remuneration of that employment.
(3)
(4)
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
(7)
(a)
(b)
(8)
New, enlarged and restored reservoirs
6Construction or enlargement of reservoirs.#
(1)
(2)
(3)
(4)
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
(6A)A credited period arising from a request to accept a transfer value under regulation 124 which is made by a person who was an active member before 1st April 2008 shall be treated as a period of membership before that date.
(6B)A credited period arising from a request to accept a transfer value under regulation 124 which is made by a person who becomes a member after 31st March 2008 shall be treated as a period of membership after that date.
7Certificates of construction engineers.#
(1)
(2)
(3)
(4)
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
(7)
8Powers of enforcement authority in event of non-compliance with requirements as to construction or enlargement of reservoirs.#
(1)
(a)
(b)
(2)
(3)
(3A)If a member dies before repayment of contributions have been made, these shall be treated as a lump sum death benefit for the purposes of section 168 of the Finance Act 2004.
(3B)Where paragraph (3A) applies, the Committee—
(4)
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
(7)
(8)
Operation of Act, and administration
1Ambit of Act and interpretation.#
(1)
(2)
(3)
(4)
(a)
(b)
(i)a parent with care cares for one child only, and
(ii)that child dies,
(4A)In paragraph (4), “net weekly income” has the same meaning as in the Maintenance Calculations and Special Cases Regulations.
(4C)In the case of the Agreement No. 2 qualifying member, the denominator is—
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5A)The actuary must have regard to the Committee’s funding strategy statement published under regulation 76A.
(a)
(b)
(6)
2Registration of large raised reservoirs, and enforcement of Act, by local authorities.#
(1)
(2)
(a)
(b)
(2A)In paragraph (2), “state pension credit” means state pension credit under the State Pension Credit Act (Northern Ireland) 2002.
(2B)The maximum a person may specify under paragraph (2) in respect of each employment for which he makes such an election is 50 per cent of the remuneration of that employment or an amount equal to 50 per cent of the remuneration of that employment.
(2C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2D)A notification given for the purposes of paragraph (2C)(c) must—
(a)
(b)
(2E)Nothing in paragraph (2C) shall invalidate the proceedings of a meeting where—
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(3)
(4)
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
(7)
2AConsideration of risk and provisional designation: England and Wales#
(1)
(2)
(a)
(b)
(3)
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(4)
2BDesignation#
(1)
(2)
(3)
(4)
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(d)
(e)in a case where the qualifying benefit which ceased—
at the time the work condition is satisfied; and
2CMeaning of “high-risk reservoir”#
(1)
(a)
(b)
(2)
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(d)
(3)
(4)
3Reports by local authorities to, and supervisory powers of, Secretary of State.#
(1)
(2)
(3)
(4)
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4Qualification of engineers.#
(1)
(2)
(3)
(4)
(a)
(b)
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
(7)
(8)
(9)Where a person making a surrender under regulation D14—
references in paragraph (8) to the retirement pension are references to the retirement pension which would become payable if he were to cease to hold his employment on the day on which the surrender takes effect.
(10)Where this regulation applies it overrides any provision in these regulations or the 2002 Regulations or the Transitional Regulations to the extent to which it conflicts with it, except—
(11)
5Power to prescribe by regulations.#
(1)
(2)
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(3)
(4)
(a)
(b)
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(d)
(e)in a case where the qualifying benefit which ceased—
at the time the work condition is satisfied; and
(f)
(g)any other period which he is entitled to count as such under Schedule C5.
(h)“transfer arrangement” means a contract or other arrangement made with a transferor LGPS employer for the provision of, or making available of, services or assets, for the purposes of or in connection with the exercise of a function of that transferor LGPS employer; and
(i)“transferor LGPS employer” means an authority or body which is a LGPS employer.
(j)a bank overdraft except where the overdraft was at the time it was taken out agreed to be for a specified amount repayable over a specified period;
(k)a loan obtained by the non-resident parent other than a loan obtained from a qualifying lender or the non-resident parent’s current or former employer;
(l)a debt in respect of which a variation has previously been agreed and which has not been repaid during the period for which the maintenance calculation which took account of the variation was in force; or
(m)any other debt which the Department is satisfied it is reasonable to exclude.
(n)in the case of entitlement to a payment under Article 227 of the 1996 Order (payments by the Department), the appropriate date as defined by Article 230 of that Order;
(o)in the case of a complaint presented under Article 13(1) of the Employment Relations (Northern Ireland) Order 1999 note (failure or threatened failure to allow the worker to be accompanied at the disciplinary or grievance hearing, to allow the companion to address the hearing or confer with the worker, or to postpone the hearing), the date of the failure or threat;
(6)
(a)
(b)
(7)
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(d)
(e)in a case where the qualifying benefit which ceased—
at the time the work condition is satisfied; and
(8)
(a)
(b)
A1Large raised reservoir”: England and Wales#
(1)
(a)
(b)
(2)
(3)
(4)
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
(7)
(8)
(9)Where a person making a surrender under regulation D14—
references in paragraph (8) to the retirement pension are references to the retirement pension which would become payable if he were to cease to hold his employment on the day on which the surrender takes effect.
Repeal, commencement etc.
Transitional and temporary provisions
24Notification to local authorities of existing reservoirs.#
(1)
(2)
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(3)
(a)
(b)
(4)
Schedule 1 · Index of General Definitions
Schedule 2 · Liability for Damage and Injury
Contains public sector information licensed under the Open Government Licence v3.0.