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The Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations (Northern Ireland) 2003

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Regulation 2

SCHEDULE 1AMENDMENTS TO THE INCOME SUPPORT REGULATIONS

1.  In regulation 2A(1) (disapplication of section 1(1A) of the Administration Act) paragraph (a) shall be omitted.

2.  In regulation 17(1)(2) (applicable amounts) –

(a)sub-paragraphs (b)(3) (amount in respect of children and young persons) and (c) (family premium) shall be omitted, and

(b)in sub-paragraph (bb)(4) for “or, if he is a member of a family, an amount in respect of any member of the family aged 16 or over” there shall be substituted “or, if he is a member of a couple, an amount in respect of both of them”.

3.  In regulation 18(1)(5) (polygamous marriages) –

(a)sub-paragraphs (c)(6) (amount in respect of children or young persons) and (d) (family premium) shall be omitted, and

(b)in sub-paragraph (cc)(7) for “any member of his household aged 16 or over” there shall be substituted “any partner of the polygamous marriage”.

4.  In regulation 21(special cases) –

(a)in paragraph (1)(8) the words from “; but no amount shall” to the end of that paragraph shall be omitted, and

(b)in paragraph (2) omit “, 3”.

5.  In regulation 21A(3)(9) (treatment of refugees) for “dependants” there shall be substituted “partner”.

6.  In regulation 23 (calculation of income and capital of members of claimant’s family and of a polygamous marriage) –

(a)in paragraph (1)(10) –

(i)for the words from “Subject” to “of the Order” there shall be substituted “Subject to paragraph (4), the income and capital of a claimant’s partner which by virtue of section 132 of the Contributions and Benefits Act”, and

(ii)the words “or that child or young person” shall be omitted;

(b)for paragraph (2) there shall be substituted the following paragraph –

(2) Subject to the following provisions of this Part, the income paid to, or in respect of, and capital of, a child or young person who is a member of the claimant’s family shall not be treated as the income or capital of the claimant.;

(c)in paragraph (3)(a)(11) “and the income of any child or young person who is one of that member’s family” shall be omitted;

(d)in paragraph (3)(b) “or, as the case may be, the income of that child or young person” and the words after “for the claimant” to the end of that paragraph shall be omitted.

7.  In regulation 25 (liable relative payments) for “44” there shall be substituted “42”.

8.  In regulation 40 (calculation of income other than earnings) –

(a)in paragraph (1)(12) for the words after “income under” to the end of that paragraph there shall be substituted “regulation 41 (capital treated as income)”;

(b)in paragraph (4)(b)(13) for “dependants” there shall be substituted “partner”.

9.  Regulation 41(3)(14) (capital treated as income) shall be omitted.

10.  In regulation 42 (notional income) –

(a)paragraph (2)(d)(15) shall be omitted;

(b)in paragraph (2)(e)(16) for “working families' tax credit” there shall be substituted “working tax credit”;

(c)in paragraph 2(f)(17) for “disabled person’s tax credit” there shall be substituted “child tax credit”;

(d)paragraph (2D)(18) shall be omitted;

(e)in paragraph (4)(a)(19) –

(i)for “in respect of a member of the family” there shall be substituted “his partner”;

(ii)in head (i)(20) for “or by that member, if it is paid to any member of that family” there shall be substituted “or by his partner, if it is paid to his partner”;

(iii)in head (ia)(21) for “that member” there shall be substituted “the claimant’s partner”;

(iv)in head (ii)(22) for “or by that member” there shall be substituted “or his partner” and for “of any member of that family” there shall be substituted “of his partner”;

(f)for paragraph (4)(b) there shall be substituted the following –

(b)to a single claimant or his partner in respect of a third party (but not in respect of another member of his family) shall be treated as possessed by that single claimant or, as the case may be, his partner, to the extent that it is kept or used by him or used by or on behalf of his partner;;

(g)in paragraph (4ZA)(d)(iii)(23) for “any member of his family” there shall be substituted “his partner (if any)”;

(h)in paragraph (4A)(24) for the words after “the cost of maintaining the claimant” to the end of that paragraph there shall be substituted “or his partner in that home shall be treated as possessed by the claimant or his partner”.

11.  Regulation 44(25) (modifications in respect of children and young persons) and regulation 47 (disregard of capital of child or young person) shall be omitted.

12.  In regulation 48 (income treated as capital) –

(a)paragraphs (8)(26) and (10)(b)(27) shall be omitted, and

(b)in paragraph (10)(a) for “or to a member of the family” there shall be substituted “or to the partner”.

13.  In regulation 51 (notional capital) –

(a)in paragraph (3)(a)(28) –

(i)for “in respect of a member of the family” there shall be substituted “his partner”;

(ii)in head (i)(29) for “or by that member if it is paid to any member of the family” there shall be substituted “or by his partner, if it is paid to his partner”;

(iii)in head (ia)(30) for “that member” there shall be substituted “the claimant’s partner”, and

(iv)in head (ii)(31) for “or by that member” there shall be substituted “or his partner” and for “of any member of that family” there shall be substituted “of his partner”;

(b)for paragraph (3)(b) there shall be substituted the following –

(b)to a single claimant or his partner in respect of a third party (but not in respect of another member of his family) shall be treated as possessed by that single claimant or, as the case may be, his partner, to the extent that it is kept or used by him or used by or on behalf of his partner., and

(c)in paragraph (3A)(c)(iii)(32) for “any member of his family” there shall be substituted “his partner (if any)”.

14.  In regulation 54 (liable relatives interpretation) in the definition of “payment”(33) paragraph (d) shall be omitted.

15.  In regulation 57 (period over which payments other than periodical payments are to be taken into account) –

(a)in paragraph (1) for

by –

(a)where the payment is in respect of the claimant or the claimant and any child or young person who is a member of the family, the aggregate

there shall be substituted “by the aggregate”;

(b)in paragraph (2) for

is less than –

(a)in a case where the periodical payment is in respect of the claimant or the claimant and any child or young person who is a member of the family, the aggregate

there shall be substituted “is less than the aggregate” and for “referred to in sub-paragraph (a) or (b), as the case may be,” there shall be substituted “as calculated under this paragraph”;

(c)paragraph (1)(b)(34) and (2)(b)(35) and “or” after paragraph (2)(a) shall be omitted, and

(d)in paragraph (3)(a) and (b) “(a) or (b)” and in paragraph (3)(a) “, as the case may be” shall be omitted.

16.  In regulation 62 (calculation of grant income) –

(a)after paragraph (2)(h) there shall be added the following sub-paragraph –

(i)intended for the maintenance or child care costs of a child dependant.;

(b)for paragraph (2B)(36) there shall be substituted the following paragraph –

(2B) There shall also be excluded from a student’s grant income any grant of £510 in respect of expenditure on travel, books and equipment which is payable under regulation 16(8) of the Education (Student Support) Regulations (Northern Ireland) 2002(37).;

(c)in paragraph (3)(38) for “dependents” there shall be substituted “adult dependants” and “or intended for an older student under Part IV of that Schedule,” shall be omitted.

(d)in paragraph (3A)(39) for “dependants” in both places where it occurs there shall be substituted “an adult dependant”, and

(e)in paragraph (3B)(40) for “dependents” there shall be substituted “an adult dependant”.

17.  In regulation 66B(3)(41) (treatment of payments from access funds) and in regulation 68(3)(42) (income treated as capital) for “any other member of his family” there shall be substituted “his partner”.

18.  In regulation 71(1) (applicable amounts in urgent cases) –

(a)sub-paragraphs (a)(ii)(43), (c)(ii)(44) and (d)(i)(45) shall be omitted, and

(b)in sub-paragraphs (a)(iii)(46) and (d)(ii)(47) “II or” shall be omitted.

19.  In Schedule 1B(48) (prescribed categories of person) –

(a)in paragraphs 14A(1)(c)(49) (parental leave) and 14B(2)(b)(50) (paternity leave) after “disabled person’s tax credit” there shall be inserted “, working tax credit, child tax credit payable at a rate higher than the family element”, and

(b)in paragraph 14A(2) and 14B(3) at the end there shall be added “and “family element” means in a case where any child in respect of whom child tax credit is payable is under the age of one year, the amount specified in regulation 7(3)(a) of the Child Tax Credit Regulations 2002(51) or in any other case, the amount specified in regulation 7(3)(b) of those Regulations”.

20.  In Schedule 2 (applicable amounts) –

(a)paragraphs 2(52) (amounts for child or young person), 3(53) (family premium), 6(1)(c)(54) (premiums) and 14(55) (disabled child premium) shall be omitted;

(b)in paragraph 12(1)(a)(i)(56) (additional condition for the higher pensioner and disability premiums) for “disabled person’s tax credit” there shall be substituted “the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002(57)”;

(c)in paragraph 13A(58) (enhanced disability premium) –

(i)in sub-paragraph (1)(b) for “a member of the claimant’s family” there shall be substituted “the claimant’s partner (if any)”;

(ii)sub-paragraph (2)(a) shall be omitted, and

(d)in paragraph 15(59) (weekly amounts of premiums specified in Part III) sub-paragraph (6) (disabled child premium) in columns (1) and (2) and sub-paragraph (8)(a) (enhanced disability premium) in Column (2) shall be omitted.

21.  In Schedule 7 (applicable amounts in special cases) –

(a)in paragraph 1(b)(60) in Column (2) for the words after “any amounts applicable to him under” to the end of that sub-paragraph there shall be substituted “regulation 17(1)(e), (f) or (g);”;

(b)in paragraph 1(c)(ii)(61) in Column (2) for the words after “any amounts which may be applicable under” to the end of that sub-paragraph there shall be substituted “regulation 17(1)(e), (f) or (g);”;

(c)in paragraph 1(d)(ii)(62) in Column (2) for the words from “regulation 18(1)(c)” to “Schedule 2” there shall be substituted “regulation 18(1)(f), (g) or (h)”;

(d)paragraph 3(63) in Columns (1) and (2) shall be omitted;

(e)paragraph 10C(a)(64) and “and” which follows that sub-paragraph in Column (2) shall be omitted;

(f)in paragraph 10C(b)(65) in Column (2) for the words from “under regulation” to the end of that sub-paragraph there shall be substituted “under regulation 17(1)(e), (f) or (g)”;

(g)in paragraph 13(66), sub-paragraph (1)(d) in Columns (1) and (2) shall be omitted;

(h)for paragraph 14A(a)(67) and (b) in Column (2) there shall be substituted –

14A.(a) The amount applicable in respect of the claimant only under regulation 17(1)(a), any amount which may be applicable to him under regulation 17(1)(d) plus the amount applicable to him under regulation 17(1)(e), (f) and (g) or, as the case may be, regulation 21.

(b)The amount determined in accordance with that regulation or regulation 21 in respect of the claimant and any partners of his who are not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and to whom section 115 of that Act does not apply for the purposes of exclusion from entitlement to income support..

22.  In Schedule 8 (sums to be disregarded in the calculation of earnings) –

(a)in paragraph 14 “except earnings to which paragraph 15 applies” shall be omitted, and

(b)paragraph 15(68) shall be omitted.

23.  In Schedule 9 (sums to be disregarded in calculation of income other than earnings) –

(a)after paragraph 5 there shall be inserted the following paragraph(69) –

5A.  Any guardian’s allowance.;

(b)after paragraph 5A there shall be inserted the following paragraph –

5B.(1) Any child tax credit.

(2) Any child benefit.;

(c)in paragraph 25(70) –

(i)in sub-paragraph (1) “to the extent specified in sub-paragraph (2)” shall be omitted, and

(ii)sub-paragraph (2) shall be omitted;

(d)after paragraph 25, there shall be inserted the following paragraph –

25A.  In the case of a claimant who has a child or young person –

(a)who is a member of his family, and

(b)who is residing at an educational establishment at which he is receiving relevant education,

any payment made to that educational establishment, in respect of that child or young person’s maintenance by or on behalf of a person who is not a member of the family or by a member of the family out of funds contributed for that purpose by a person who is not a member of the family., and

(e)in paragraph 68(71), for “any working families' tax credit or disabled person’s tax credit to which section 127 or as the case may be 128 of the Contributions and Benefits Act refers” there shall be substituted “any working tax credit”.

24.  In Schedule 10 (capital to be disregarded) –

(a)in paragraph 7(1)(b)(72) after “the Family Income Supplements Act (Northern Ireland) 1971” there shall be inserted “, working families' tax credit under section 128 of the Contributions and Benefits Act, disabled person’s tax credit under section 129 of that Act, child tax credit, working tax credit”, and

(b)in paragraph 20(73), “, 44(1)” and “, modifications in respect of children and young persons” shall be omitted.

(1)

Regulation 2A was inserted by regulation 7 of S.R. 1997 No. 483

(2)

Regulation 17(1) was amended by regulation 9 of S.R. 1996 No. 199

(3)

Sub-paragraph (b) was amended by regulation 4(7) of S.R. 1993 No. 373

(4)

Sub-paragraph (bb) was inserted by regulation 2(3) of S.R. 1993 No. 149

(5)

Regulation 18(1) was amended by regulation 5(a) of S.R. 1988 No. 274 and regulation 10(a)(i) of S.R. 1996 No. 199

(6)

Sub-paragraph (c) was amended by regulation 4(8) of S.R. 1993 No. 373

(7)

Sub-paragraph (cc) was inserted by regulation 2(4) of S.R. 1993 No. 149

(8)

Regulation 21(1) was amended by regulation 4(3) of S.R. 1994 No. 77, regulation 12 of S.R. 1996 No. 199, regulation 2(2) of S.R. 1996 No. 449 and regulation 2(1) of, and paragraph 6(a) of Schedule 1 to, S.R. 2002 No. 132

(9)

Regulation 21A was substituted by regulation 5(5) of S.R. 2000 No. 71

(10)

Paragraph (1) was amended by regulation 6(1)(a) of S.R. 1988 No. 274

(11)

Paragraph (3) was amended by regulation 6(1)(b) of S.R. 1988 No. 274

(12)

Paragraph (1) was amended by regulation 8 of S.R. 1988 No. 431 and regulation 9(1)(a) of S.R. 1998 No. 81

(13)

Paragraph (4) was amended by regulation 5(6)(a) of S.R. 2000 No. 71

(14)

Paragraph (3) was amended by regulation 18 of S.R. 1988 No. 146, regulation 7 of S.R. 1989 No. 249 and regulation 2(4) of S.R. 1998 No. 2

(15)

Paragraph (2)(d) was substituted by regulation 5(2)(a) of S.R. 1996 No. 288

(16)

Paragraph (2)(e) was substituted by regulation 2(1) of, and Part I of Schedule 2 to, S.R. 1999 No. 385

(17)

Paragraph (2)(f) was substituted by regulation 2(2) of, and Part II of Schedule 2 to, S.R. 1999 No. 385

(18)

Paragraph (2D) was inserted by regulation 5(2)(b) of S.R. 1996 No. 288

(19)

Paragraph (4) was substituted by regulation 9(a) of S.R. 1988 No. 318 and amended by regulation 2(2)(a) of S.R. 1998 No. 326

(20)

Head (i) was amended by regulation 5(2) of S.R. 1995 No. 410, regulation 2(1)(a) and (2) of S.R. 1995 No. 481 and regulation 2(3) of S.R. 2002 No. 128

(21)

Head (ia) was inserted by regulation 2(1)(a) of S.R. 1999 No. 391

(22)

Head (ii) was amended by regulation 4(4)(a) of S.R. 1994 No. 77

(23)

Paragraph (4ZA) was inserted by regulation 2(2)(b) of S.R. 1998 No. 326 and sub-paragraph (d) was added by regulation 2(3)(b) of S.R. 1999 No. 391

(24)

Paragraph (4A) was inserted by regulation 4(4)(b) of S.R. 1994 No. 77

(25)

Regulation 44 was amended by regulation 20 of S.R. 1988 No. 146, regulation 4(14) of S.R. 1993 No. 373, Article 7(8) of S.R. 1999 No. 472 (C. 36) and regulation 2(a) of S.R. 2000 No. 367

(26)

Paragraph (8) was substituted by regulation 4(1) and (2)(a) of S.R. 1997 No. 331

(27)

Paragraph (10) was added by regulation 10(b) of S.R. 1988 No. 431

(28)

Paragraph (3) was substituted by regulation 11(a) of S.R. 1988 No. 318 and amended by regulation 3(2)(a) of S.R. 1998 No. 326

(29)

Head (i) was amended by regulation 9 of S.R. 1997 No. 22 and regulation 2(4) of S.R. 2002 No. 128

(30)

Head (ia) was inserted by regulation 2(1)(a) of S.R. 1999 No. 391

(31)

Head (ii) was amended by paragraph 7 of Schedule 1 to S.R. 1989 No. 139, paragraph 6(8) of Schedule 2 to S.R. 1993 No. 149 and paragraph 8 of Part I of the Schedule to S.R. 2002 No. 132

(32)

Paragraph (3A) was inserted by regulation 3(2)(b) of S.R. 1998 No. 326 and sub-paragraph (c) was added by regulation 2(3)(b) of S.R. 1999 No. 391

(33)

Definition of “payment” was amended by regulation 24 of S.R. 1988 No. 146

(34)

Paragraph (1)(b) was substituted by regulation 5 of S.R. 1990 No. 346 and was amended by regulation 5(3) of S.R. 1996 No. 288, regulation 2(b) of S.R. 2000 No. 367 and regulation 3 of, and paragraph 1(g) of the Schedule to, S.R. 2002 No. 323

(35)

Paragraph (2)(b) was amended by regulation 5(3) of S.R. 1996 No. 288

(36)

Paragraph (2B) was inserted by regulation 3(4)(b) of S.R. 2001 No. 278 and amended by regulation 4(1) and (2)(b) of S.R. 2002 No. 222 and regulation 2(1) and (2)(b) of S.R. 2002 No. 270

(38)

Paragraph (3) was amended by regulation 2(3)(d) of S.R. 2000 No. 242 and regulation 4(3) and (4)(b) of S.R. 2002 No. 222

(39)

Paragraph (3A) was inserted by regulation 25(b) of S.R. 1988 No. 146, amended by regulation 6(b) of S.R. 2001 No. 278 and regulation 7(1) and (2)(b) of S.R. 2002 No. 222

(40)

Paragraph (3B) was inserted by regulation 2(3)(e) of S.R. 2000 No. 242 and amended by regulation 4(5) and (6)(b) of S.R. 2002 No. 222

(41)

Regulation 66B was inserted by regulation 2(5) of S.R. 2000 No. 242 and paragraph (3) was amended by regulation 2(1) of, and paragraph 9 of Part I of the Schedule to, S.R. 2002 No. 132

(42)

Regulation 68(3) was added by regulation 2(6) of S.R. 2000 No. 242 and amended by regulation 2(1) of, and paragraph 10 of Part I of the Schedule to, S.R. 2002 No. 132

(43)

Sub-paragraph (a)(ii) was amended by regulation 26(a) of S.R. 1988 No. 146, regulation 4(6) of S.R. 1994 No. 77 and regulation 2(1) of, and paragraph 11(a) of Part I of the Schedule to, S.R. 2002 No. 132

(44)

Sub-paragraph (c)(ii) was amended by regulation 4(6) of S.R. 1994 No. 77 and regulation 2(1) of, and paragraph 11(c) of Part 1 of the Schedule to, S.R. 2002 No. 132

(45)

Sub-paragraph (d)(i) was added by regulation 26(b) of S.R. 1988 No. 146 and was amended by regulation 4(6) of S.R. 1994 No. 77, regulation 5(8)(a) of S.R. 2000 No. 71 and regulation 2(1) of, and paragraph 11(d) of Part 1 of the Schedule to, S.R. 2002 No. 132

(46)

Sub-paragraph (a)(iii) was amended by regulation 9(a) of S.R. 1989 No. 249

(47)

Sub-paragraph (d)(ii) was amended by regulation 9(b) of S.R. 1989 No. 249

(48)

Schedule 1B was inserted by regulation 22 of, and Schedule 1 to, S.R. 1996 No. 199

(49)

Paragraph 14A was inserted by regulation 2 of S.R. 1999 No. 500

(50)

Paragraph 14B was inserted by regulation 2(5) of S.R. 2002 No. 363

(52)

Paragraph 2 was amended by regulation 18 of S.R. 1988 No. 318, regulation 2 of S.R. 1996 No. 476, regulation 2(1)(b) and (2)(a) of S.R. 1999 No. 382 and regulation 2(1) and (2)(b) of S.R. 2002 No. 267

(53)

Paragraph 3 was amended by regulation 18 of S.R. 1988 No. 318, regulation 5(4)(a) of S.R. 1996 No. 288, regulation 8 of S.R. 1998 No. 112 and Article 16(4) of S.R. 2002 No. 99

(54)

Paragraph 6 was substituted by regulation 2(c) of S.R. 2000 No. 367

(55)

Paragraph 14 was amended by regulation 10(4)(d) of S.R. 1992 No. 6 and regulation 4(17)(c) of S.R. 1993 No. 373 and Article 16(2) of S.R. 2002 No. 99

(58)

Paragraph 13A was inserted by regulation 2(c)(ii) of S.R. 2000 No. 367 and amended by Article 16(2) of S.R. 2002 No. 99

(59)

Amounts in paragraph 15 were substituted by Article 16(5) of, and Schedule 3 to, S.R. 2002 No. 99 and paragraph (8) was added by regulation 2(c)(iii) of S.R. 2000 No. 367

(60)

Paragraph 1(b) was amended by paragraph 17(a)(i) of Schedule 1 to S.R. 1988 No. 318 and regulation 5(5)(a) of S.R. 1996 No. 288 and Article 16(7) of, and Part 1 of Schedule 4 to, S.R. 2002 No. 99

(61)

Paragraph 1(c)(ii) was amended by paragraph 17(a)(i) of Schedule 1 to S.R. 1988 No. 318 and Article 16(7) of, and Part 1 of Schedule 4 to, S.R. 2002 No. 99

(62)

Paragraph 1(d)(ii) was substituted by regulation 19(a) of S.R. 1988 No. 431, amended by paragraph 17(a)(ii) of Schedule 1 to S.R. 1988 No. 318 and Article 16(7) of, and Part I of Schedule 4 to, S.R. 2002 No. 99

(63)

Paragraph 3 was amended by regulation 22 of S.R. 1988 No. 318, Article 16(7) of, and Part I of Schedule 4 to, S.R. 2002 No. 99 and paragraph 15(b) of Part I of the Schedule to S.R. 2002 No. 132

(64)

Paragraph 10C was inserted by regulation 19(c) of S.R. 1988 No. 431 and amended by regulation 19(e) of S.R. 1990 No. 131

(65)

Paragraph 10C(b) was amended by regulation 5(5)(b) of S.R. 1996 No. 288

(66)

Paragraph 13 was amended by regulation 22(d) of S.R. 1988 No. 318 and regulation 19(k)(i) of S.R. 1990 No. 131

(67)

Paragraph 14A was inserted by regulation 5(10)(a) of S.R. 2000 No. 71 and amended by paragraph 15(j) of Part I of the Schedule to S.R. 2002 No. 132

(68)

Paragraph 15 was amended by paragraph 14(b) of Schedule 1 to S.R. 1989 No. 139, regulation 12 of S.R. 1992 No. 147, regulation 3 of, and paragraph 2(g) of the Schedule to, S.R. 2000 No. 366 and paragraph 16(b) of Part I of the Schedule to S.R. 2002 No. 132

(69)

Paragraph 5A was inserted by paragraph 5 of Schedule 1 to S.R. 2003 No. 1 and omitted by paragraph 5 of Schedule 4 to these Regulations

(70)

Paragraph 25 was amended by regulation 4 of S.R. 1989 No. 366, regulation 3(1) and (2)(a) of S.R. 1997 No. 331 and regulation 2(8)(a) of S.R. 1998 No. 2

(71)

Paragraph 68 was added by regulation 2(10) of S.R. 1999 No. 381 and amended by regulation 3(4) of S.R. 2001 No. 134

(72)

Paragraph 7 was amended by regulation 2 of S.R. 2002 No. 295 and sub-paragraph (b) was amended by regulation 26 of S.R. 1996 No. 199

(73)

Paragraph 20 was amended by regulation 4(9) of S.R. 1990 No. 297

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