Digest
Parliamentary Digest
Guardianship (Missing Persons) Act 2017
Royal assent 27 April 2017
Local Audit (Public Access to Documents) Act 2017
Royal assent 27 April 2017
Neighbourhood Planning Act 2017
Royal assent 27 April 2017
Preventing and Combating Violence Against Women and Domestic Violence (Ratification of Convention) Act 2017
Royal assent 27 April 2017
Children and Social Work Act 2017
Royal assent 27 April 2017
National Citizen Service Act 2017
Royal assent 27 April 2017
Intellectual Property (Unjustified Threats) Act 2017
Royal assent 27 April 2017
Homelessness Reduction Act 2017
Royal assent 27 April 2017
Technical and Further Education Act 2017
Royal assent 27 April 2017
Parliamentary Elections (Returning Officers ’ Charges) Order 2017 SI No 637
Provides for payments for services and expenses of returning officers in connection with the conduct of parliamentary elections in England, Wales and Scotland. It replaces the Parliamentary Elections (Returning Officers ’ Charges) Order 2015 SI No 476.
The table in the Schedule lists by constituency the maximum recoverable amount for specified services (column 2), the maximum recoverable amount for specified expenses (column 3) and the overall maximum recoverable amount (column 4).
In the case of an uncontested parliamentary election, article 6 provides that articles 3 to 5 do not apply. Instead the overall maximum recoverable amount is £1,750 for each constituency. In force 4 May 2017.
Immigration Act 2016 (Consequential Amendments) (Biometrics and Legal Aid) Regulations 2017 SI No 617
Make amendments to the Immigration and Asylum Act (IAA) 1999 and to the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012. These amendments are consequential on the commencement of Immigration Act 2016 Sch 10. Schedule 10 introduces a new framework for immigration bail, replacing a legal framework containing six different legal statuses (including immigration bail and temporary admission) with a single power of immigration bail.
Regulation 2 updates IAA s141(7) (b) (fingerprinting), so that it reflects the reporting conditions that may be imposed under the new immigration bail powers.
Regulation 3 amends various provisions of Schedule 1 to the LASPO Act, so that references to temporary admission and temporary release – both being forms of legal status that are abolished by Sch 10 – are replaced with references to immigration bail and to the powers under which immigration bail may be granted. It also omits and, where appropriate, replaces provisions that refer to legislation that Sch 10 will repeal.
Prison (Amendment) Rules 2017 SI No 576
Amend the Prison Rules 1999 SI No 728 to create a new rule 46A to make provision for separation centres. The new rule confers on the secretary of state a discretion to direct that prisoners are placed in such a centre within a prison. The new rule sets out the grounds which must be satisfied prior to the secretary
of state making such a direction, namely: national security; preventing terrorism offences; preventing the dissemination of views that might encourage such offences; and preventing the use of particular views or beliefs to undermine good order and discipline. In force 12 May 2017.
Tax Credits (Claims and Notifications ) (Amendment) Regulations 2017 SI No 597
Amend the Tax Credits (Claims and Notifications) Regulations 2002 SI No 2014 to provide for additional circumstances in which a tax credit claim is to be treated as having been made up to 31 days before the date on which the claim was received by HM Revenue and Customs. This will apply where a claimant (or in the case of joint claimants, either of them) opens a childcare account under the Childcare Payments Act (CPA) 2014 by making a valid declaration under CPA s4(2) (a declaration), but does not pay any money out of the account under CPA s20(1)( a) (payments in respect of childcare) and closes the childcare account (and any other childcare accounts held). In force 17 May 2017.
Welfare Reform Act 2012 (Commencement No 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017 SI No 584
Modify a series of prior Orders, including the Welfare Reform Act 2012 (Commencement No 22 and Transitional and Transitory Provisions) Order 2015 SI No 101 (‘the No 22 Order’); and the Welfare Reform Act 2012 (Commencement No 24 and Transitional and Transitory Provisions and Commencement No 9 and Transitional and Transitory Provisions (Amendment)) Order 2015 SI No 1537 (‘ the No 24 Order’ ) bringing into force provisions of the Welfare Reform Act (WRA) 2012 relating to universal credit (UC) and the abolition of income-related employment and support allowance (IRESA) and income-based jobseeker’s allowance (IBJSA).
Articles 3 and 4 of each of the prior commencement Orders brought into force respectively provisions relating to UC in WRA Part 1 as set out in Welfare Reform Act 2012 (Commencement No 9 and Transitional and Transitory Provisions and Commencement No 8 and Savings and Transitional Provisions (Amendment)) Order 2013 SI No 983 Sch 2 and provisions of the WRA relating to the abolition of IBESA and IBJSA.
The modifications to the provisions of articles 3(2) and 4(2) of the prior commencement Orders by paragraph (2) of articles 3 to 9 of this Order remove the restrictions on claiming UC included in the prior commencement Orders (‘ the gateway conditions’ ) set out in No 9 Order Sch 5 so that they do not apply to the specified provisions of articles 3(2) and 4(2) of the prior commencement Orders for the coming into force of the UC provisions and the amending provisions in the postcode districts and part-districts specified.
Articles 3 to 9 of this Order apply where claims are made (as the case may be) for UC, an employment and support allowance or a jobseeker’s allowance on or after: 3, 10, 17 and 24 May 2017; 7, 14 and 28 June 2017 respectively; and by reference to residence in one of the designated postcodes in the corresponding Part of the Schedule to this Order. (See article 2(2) for the definition of these postcodes.)
Articles 10 to 12 of this Order make consequential modifications to a number of similar provisions in each of the prior commencement Orders to remove references to meeting the gateway conditions. By virtue of the gateway conditions no longer applying, claims by couples will become possible for the first time in certain of the designated postcodes, those for which the UC provisions were commenced under the No 22 Order and the No 24 Order for single UC claimants only.
Article 13 modifies article 7 of the Welfare Reform Act 2012 (Commencement No 23 and Transitional and Transitory Provisions) Order 2015 SI No 634 such that, save in specified cases, a person may not make a claim for housing benefit, income support or a tax credit on any date where, if that person made a claim for UC on that date, the UC provisions would come into force by virtue of any of the sub-paragraphs of article 3(2) of the prior commencement Orders modified by paragraph (2) of articles 3 to 9 of this Order.
Employment and Support Allowance (Miscellaneous Amendments and Transitional and Savings Provision) Regulations 2017 SI No 581
Make amendments to secondary legislation consequential on Welfare Reform and Work Act (WRWA) 2016 s15. Section 15 of the WRWA amends Welfare Reform Act (WRA) 2007 ss2 and 4, which provides for an award of an employment and support allowance (ESA) where the claimant is found to have limited capability for work to include an amount referred to as the work-related activity component as may be prescribed by regulations. The amendments to WRA ss2 and 4 remove reference to the work-related activity component.
The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 SI No 204 (‘the 2017 Regs’) made consequential amendments required under WRWA s15 and provided transitional protections for certain claimants in 2017 Regs Sch 2 Part 1.
Regulation 1 provides for citation and commencement of these Regulations. In particular, these Regulations will come into force on 23 June 2017.
Regulations 2, 3, 5, 6, 7 and 8 make amendments to ensure that it is clear following the 2017 Regs what allowances are available to claimants who are not protected by the 2017 Regs.
Regulation 10 provides that the amendments made at regulations 2 to 8 only apply to claimants who are not protected by the transitional protections in the 2017 Regs. In force 23 June 2017.
Town and Country Planning (General Permitted Development) (England) (Amendment) (No 2) Order 2017 SI No 619
Amends the Town and Country Planning (General Permitted Development) (England) Order 2015 (‘ the General Permitted Development Order’ ) SI No 596. It implements the duty set out in Neighbourhood Planning Act 2017 s15.
Article 3 removes permitted development rights allowing the change of use of a building falling within Class A4 (drinking establishment) of the Schedule to the Town and Country Planning (use Classes) Order 1987 SI No 764 to a building within Classes A1 (shops), A2 (financial and professional services), and A3 (restaurants and cafes) and to a temporary flexible use or a state-funded school for up to two academic years.
Article 3 also introduces a new permitted development right allowing change of use of a building falling within Class A4 (drinking establishments) to a use within Class A4 with a use falling within Class A3 (restaurants and cafes), or from those uses to a use falling within Class A4.
Article 4 removes permitted development rights allowing for the demolition of buildings used for a purpose within Class A4 (drinking establishments).
Article 5 makes transitional provisions for cases where, following a request for confirmation from the local planning authority as to whether the building has been nominated or listed as an asset of community value (as defined in General Permitted Development Order Sch 2 Part 11 paras A.3 of Part 3, C.3 of Part 4 or B.3 before amendment by this Order), development may begin in accordance with those provisions.
The effect is that planning permission in these cases is saved (where the drinking establishment is not nominated or listed) where such a request has been made more than 56 days before 23 May 2017. In the case of demolition, prior approval must also have been granted, determined not required or deemed granted before 23 May 2017. This article also postpones, by 18 months, the application of the new right introduced by article 3, for a building which falls within the scope of a direction under article 4 withdrawing permission to change use from a use falling within Class A4 (drinking establishments) to a use falling within Class A3 (restaurants and cafes). In force 23 May 2017.
Town and Country Planning (Compensation) (England) (Amendment) (No. 2) Regulations 2017 SI No 620
Amend the Town and Country Planning (Compensation) (England) Regulations 2015 SI No 598 (‘the 2015 Regs’) to add a new class of development to the list of permitted development rights for which compensation on withdrawal of the right is limited in various ways provided in the 2015 Regs.
The new permitted development right allows change of use of a building falling within Class A4 (drinking establishments) of the Schedule to the Town and Country Planning (Use Classes) Order 1987 SI No 764 to a use within Class A4 with a use falling within Class A3 (restaurants and cafes), or from those uses to a use falling within Class A4. It has been inserted into Town and Country Planning (General Permitted Development) (England) Order 2015 SI No 596 Sch 2 Part 3 (‘ the 2015 Order’ ) by amendments set out in the Town and Country Planning (General Permitted Development) (England) (Amendment) (No 2) Order 2017 SI No 619.
The practical effect of these regulations is that if a local planning authority withdraws the new permitted development right by issuing a direction under article 4 of the 2015 Order, compensation is only payable in respect of planning applications made within 12 months beginning on the date the direction took effect. The regulations also provide that no compensation is payable where a local planning authority publicises its intention to make such an article 4 direction at least 12 months, and not more than two years, ahead of the article 4 direction taking effect. In force 23 May 2017.