Digest

Parliamentary Digest

BILLS

Immigration Bill HL report stage, 15 March

Investigatory Powers Bill HC second reading, 15 March 2016

Policing and Crime Bill HC committee stage reading, 15 March 2016

Housing and Planning Bill HL committee stage, 14 March 2016

Criminal Cases Review Commission (Information) Bill HC, committee stage, 11 March 2016

Enterprise Bill HC report stage and third reading, 9 March 2016

Welfare Reform and Work Bill HL ping pong, 7 March 2016

Mental Health (Independent Advocacy) (England) Bill HC second reading, 4 March 2016

Employment Status (Review) Bill HC first reading, 2 March 2016

Employment Status (Review) Bill HC first reading, 2 March 2016

Benefit Entitlement (Restriction) Bill HC second reading, 5 February 2016

LEGISLATION

ADMINISTRATION OF JUSTICE
Coroners and Justice Act 2009 (Alteration of Coroner Areas) Order 2016 SI No 212
The Coroners and Justice Act 2009 (Coroners Areas and Assistant Coroners) Transitional Order 2013 SI No 1625, which came into force on 25 July 2013, constituted the former coroners’ districts under the Coroners Act 1988 as corresponding coroner areas under the Coroners and Justice Act 2009.

The Coroners and Justice Act 2009 (Alteration of Coroner Areas) Order 2013 SI No 1626, which came into force on 26 July 2013, amalgamated some of those coroner areas into new coroner areas. This Order combines six coroner areas into three new coroner areas. In force 1 April 2016.

EMPLOYMENT
Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2016 SI No 271
Amend the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 SI No to introduce rules in relation to the postponement of employment tribunal hearings and the use of costs orders where hearings are postponed following applications made at late notice.

Regulation 2(2) provides that the general power to manage proceedings is subject to the operation of the new rule on postponements to be contained in rule 30A.

Regulation 2(3) inserts a new rule 30A on postponements. It sets out that an application for postponement should be made as soon as possible after the need for the postponement becomes known. Any postponement application which has been made late, or following two previous applications, shall only be granted in the circumstances listed.

Regulation 2(4) amends rule 76 in relation to the making of costs orders. The effect of this amendment is that a tribunal must consider whether to make a costs order where it has granted a postponement following a late application by one of the parties. In force 6 April 2016.

Employment Rights (Increase of Limits) Order 2016 SI No 288
Increases, from 6 April 2016, the limits applying to certain awards of employment tribunals, and other amounts payable under employment legislation, as specified in the Schedule to the Order.

Under Employment Relations Act (ERA) 1999 s34(2), if the retail prices index for September of a year is higher or lower than the index for the previous September, the secretary of state is required to change the limits, by Order, by the percentage of the increase or decrease (rounded up or down as specified in ERA s34(3). The increases made by this Order reflect the increase in the retail prices index of 0.8% from September 2014 to September 2015.

The increases apply where the event giving rise to the entitlement to compensation or other payments occurred on or after 6 April 2016. Limits previously in force under the Employment Rights (Increase of Limits) Order 2015 SI No 226 are preserved by article 4 of this Order in relation to cases where the relevant event was before 6 April 2016.

HEALTH
Care Quality Commission (Fees) (Reviews and Performance Assessments) Regulations 2016 SI No 249
Health and Social Care Act (HSCA) 2008 s85(1)( b) permits the Care Quality Commission (CQC), with the consent of the secretary of state, to make and publish provision requiring a fee to be paid by English NHS bodies, English local authorities, persons registered under HSCA Chapter 2 and such other persons as may be prescribed, in respect of the exercise by the CQC of such of its functions referred to under HSCA Part 1 as are prescribed. These regulations prescribe the CQC’s functions under HSCA s46(1) for the purposes of HSCA s85(1)( b). In force 1 April 2016.

IMMIGRATION
Immigration and Nationality (Fees) Order 2016 SI No 177
This Order, made under Immigration Act (IA) 2014 ss68(2) and 69(2), sets out the functions in connection with immigration or nationality for which the secretary of state is to charge a fee. Under IA s68(3) and (4), the Order also specifies how the fee in respect of the exercise of each specified function is to be calculated (and, in particular, whether it is to be set as a fixed amount or calculated with reference to an hourly rate or other factor). Finally, under IA s68(5), the Order specifies the maximum amount which can be charged by the secretary of state in respect of each relevant function.

Immigration and Nationality (Fees) Regulations 2016 SI No 226
Specify fees relating to immigration, nationality and associated functions. These regulations are made further to the Immigration and Nationality (Fees) Order 2016 SI No 2016/177 (above), which sets out the functions in connection with immigration and nationality for which the secretary of state may charge a fee, and the maximum amount that can be charged for each of these functions.

Specify fees relating to applications for entry clearance and leave to enter the UK, and for limited and indefinite leave to remain in the UK. Specify fees for applications for documents relating to immigration, including for a transfer of conditions, documents relating to employment, travel documents (other than passports), transit visas, documents issued under the Immigration (European Economic Area) Regulations 2006 SI No 1003, certificates of entitlement to the right of abode, documents recording biometric information, and, in relation to the latter, for the process by which such information is captured.

Also include fees for applications for entry clearance or leave to remain made under the points-based system set out in Part 6A of the immigration rules and for sponsor licenses, premium customer services for sponsors and for applications for sponsor licences and connected applications and processes, including the issuing of an action plan. Also specify the fees for various consular functions, including the receiving, processing and forwarding of documents, and for optional premium services and processes offered either in the UK or to applicants overseas. These include the expedited processing of applications, the provision of services outside office hours, and the provision of services at a location other than offices of the Home Office or consular premises overseas. They also include fees for the passport pass-back service and the international contact centre advice and support service (both offered to applicants overseas) and for the registered travellers scheme (by which members of that scheme are offered expedited transit through the UK border).

Specify fees for applications, services and processes in connection with nationality, including the arrangement of citizenship ceremonies, the administration of citizenship oaths, the supply of certified copies, the amendment of certificates of registration or naturalisation as a British citizen and the reconsideration of applications for registration or naturalisation as a British citizen. Also specify fees for applications for entry clearance to the Isle of Man, and finally, specify the fee for the administration of the ‘Life in the UK’ test and for the administrative review of an immigration or nationality decision. In force 18 March 2016.

PERSONAL INJURY

Personal Injuries (NHS Charges) (Amounts) Amendment Regulations 2016 SI No 153
Amend the Personal Injuries (NHS Charges) (Amounts) Regulations 2015 SI No 295, which make provision about the charges payable under the scheme for the recovery of NHS charges in cases where an injured person, who receives a compensation payment in respect of their injury, has received NHS hospital treatment or ambulance services.

Amendments made to the 2015 Regs by regulation 2, in inserting a substitute table in Schedule 1, increase the charges in respect of injuries which occur on or after 1 April 2016. Where the injured person is provided with NHS ambulance services, the charge is increased from £195 to £201. Where the injured person receives NHS treatment, but is not admitted to hospital, the charge is increased from £647 to £665. The daily charge for NHS in-patient treatment is increased from £796 to £817. The maximum charge in respect of an injury is increased from £47,569 to £48,849. In force 1 April 2016.

PRACTICE AND PROCEDURE
Civil Procedure (Amendment) Rules 2016 SI No 234

Amend the Civil Procedure Rules 1998 (CPR) SI No 3132 as follows:

SOCIAL SECURITY
Social Security Benefits Up-rating Regulations 2016 SI No 246
This instrument contains only provisions made in consequence of an order under Social Security Administration Act 1992 s150A.

Regulation 2 provides that where a question has arisen about the effect of the Social Security Benefits Up-rating Order 2016 SI No 230 on a benefit already in payment, the altered rates will not apply until that question is determined by the secretary of state, the First-tier Tribunal or the Upper Tribunal.

Regulation 3 applies the provisions of regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 SI No 563, so as to restrict the application of the increases specified in the Social Security Benefits Uprating Order 2016 in cases where the beneficiary is not ordinarily resident in GB.

Regulation 4 revokes regulations 2 and 3 of the Social Security Benefits Uprating Regulations 2015 SI No 496. In force 11 April 2016.

State Pension (Amendment) Regulations 2016 SI No 227

Set the full rate of the new state pension by amending the State Pension Regulations 2015 SI No 173. The Pensions Act (PA) 2014 creates the new state pension for people reaching pensionable age on or after 6 April 2016 (see PA Part 1). It replaces the existing state pension for those people. The full rate is set at £155.65 per week. In force on 6 April 2016, immediately after the 2015 Regs come into force.

State Pension (Amendment) (No 2) Regulations 2016 SI No 240
Amend the State Pension Regulations 2015 SI No 173 to insert a new Part 8 which contains provisions relating to the crediting of national insurance contributions for the purposes of entitlement to a new state pension under Pensions Act (PA) 2014 Part 1. In force 6 April 2016.

Personal Independence Payment (Transitional Provisions) (Amendment) Regulations 2016 SI No 189
Amend the Personal Independence Payment (Transitional Provisions) Regulations 2013 SI No 387, which contain transitional provisions for the phasing out of the benefit known as disability living allowance (DLA) and its replacement by personal independence payment (PIP). If entitlement to PIP is established for a person transferring from DLA to PIP, then under regulation 17(1) and (2) of the 2013 Regs, that person is not entitled to PIP until a period of 28 days has elapsed, starting with the first pay day after the making of the PIP decision.

The PIP decision determines whether a person is entitled to the daily living component, the mobility component or both and, if so entitled, the rate and the period of the award.

Regulation 2 of the 2016 Regs introduces an exception to the 28-day period for a person who is terminally ill, if that person is awarded PIP at a total weekly rate which is greater than their total weekly rate of DLA. It ensures that their entitlement to DLA will terminate on the last day of the payment period during which the PIP decision is made, or the first Tuesday following the making of that decision (whichever is the earlier). They will be entitled to PIP from the following day. Welfare Reform Act 2012 s82(4) defines a person as terminally ill at any time if at that time they suffer from a progressive disease and their death in consequence of that disease can reasonably be expected within six months. In force 4 April 2016.

Practice and procedure Digest