Contents
- 1 Offence of transporting controlled waste without registering.
- 2 Registration of carriers.
- 3 Restrictions on power under section 2.
- 4 Appeals against refusal of registration etc.
- 5 Duty to produce authority to transport controlled waste.
- 5A Seizure of vehicles etc : supplementary
- 5B Fixed penalty notices for offences under section 5
- 5C Use of fixed penalties under section 5B
- 6 Seizure and disposal of vehicles used for illegal waste disposal.
- 7 Further enforcement provisions.
- 8 Regulations.
- 9 Interpretation.
- 10 Expenses.
- 10A Application to the Isles of Scilly.
- 11 Short title, commencement and extent.
1Offence of transporting controlled waste without registering.#
(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)
(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
2Registration of carriers.#
(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
(d)
(e)in a case where the qualifying benefit which ceased—
at the time the work condition is satisfied; and
(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)
(e)in a case where the qualifying benefit which ceased—
at the time the work condition is satisfied; and
(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)
(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)
(4A)In paragraph (4), “net weekly income” has the same meaning as in the Maintenance Calculations and Special Cases Regulations.
(a)
(b)
(4B)In the case of a newly qualifying member paragraph (4A) applies as if for “30th November 2007” there was substituted “6th February 2009”.
(a)
(b)
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3Restrictions on power under section 2.#
(1)
(a)
(b)
(2)
(a)
(b)
(3)
(4)
(a)
(b)
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)
(b)
(ba)
(i)a parent with care cares for one child only, and
(ii)that child dies,
(iii)a child accepted by the deceased as a member of the family.
(c)where—
(i)a parent with care cares for one child only, and
(ii)that child dies,
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
(6)
4Appeals against refusal of registration etc.#
(1)
(a)
(b)
(2)
(3)
(4)
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
(7)
(a)
(b)
(8)
(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
(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.
5Duty to produce authority to transport controlled waste.#
(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
(d)
(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)
(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)
(b)
(6)
(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
(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
(8)
(a)
(b)
(9)Where a person making a surrender under regulation D14—
(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
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—
(a)
(b)
(i)a parent with care cares for one child only, and
(ii)that child dies,
(11)
5ASeizure of vehicles etc : supplementary#
(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
(d)
(e)in a case where the qualifying benefit which ceased—
at the time the work condition is satisfied; and
(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5BFixed penalty notices for offences under section 5#
(1)
(2)
(3)
(a)
(b)
(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
(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)
(12)The Committee must notify the Commissioners of Inland Revenue of the admission of an admission body within the time prescribed in regulations made under section 605 of the Taxes Act and provide such information as may be so prescribed.
(13)Any question which may arise between the Committee and any other party to an admission agreement relating to the construction of the agreement or to the rights and obligations under that agreement shall be referred in writing for determination to the Department.
(a)
(b)
(14)An employee of an admission body may not be a member if he is a member of another occupational pension scheme (within the meaning of section 1 of the Pension Schemes (Northern Ireland) Act 1993) other than where the accrual of benefits under that pension scheme would not affect approval of the Scheme as an approved scheme.
5CUse of fixed penalties under section 5B#
(1)
(2)
(a)
(aa)the decision on the application referred to in sub-paragraph (a);
(b)
(3)
(a)
(b)
(4)
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
(a)
(i)a parent with care cares for one child only, and
(ii)that child dies,
(b)
(7)
(8)
(a)
(b)
(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.
6Seizure and disposal of vehicles used for illegal waste disposal.#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7Further enforcement provisions.#
(1)
(2)
(3)
(a)
(b)
(4)
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
(7)
(8)
8Regulations.#
(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).
(2)
(a)
(b)
9Interpretation.#
(1)In this Act—• “appropriate person” means— (a) the Secretary of State, in relation to England;(b) the National Assembly for Wales, in relation to Wales.• “controlled waste” has , at any time, the same meaning as for the purposes of Part II of the Environmental Protection Act 1990;• note...• “prescribed” means prescribed by regulations made by the Secretary of State;• “regulation authority” means— (a) in relation to England note ..., the Environment Agency; note ... (aa) in relation to Wales, the Natural Resources Body for Wales; and(b) in relation to Scotland, the Scottish Environment Protection Agency;and any reference to the area of a regulation authority shall accordingly be construed as a reference to any area in England and , Wales or Scotland as the case may be;• “road” has the same meaning as in the noteRoad Traffic Act 1988;• “transport”, in relation to any controlled waste, includes the transport of that waste by road or rail or by air, sea or inland waterway but does not include moving that waste from one place to another by means of any pipe or other apparatus that joins those two places.• “vehicle” means any motor vehicle or trailer within the meaning of the noteRoad Traffic Regulation Act 1984.
(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).
(1AA)An undertaker who fails to comply with section 10(5A) is guilty of an offence.
(1B)The provisions of Schedule 3 shall apply where –
(2)
Contains public sector information licensed under the Open Government Licence v3.0.