Browse regulations

A statutory instrument that formally dissolves the Bourne Foundation (a body corporate established under the School Standards and Framework Act 1998) on 5th January 2017, providing for the legal wind-up of this organisation.

Deleting this order would prevent the lawful dissolution of the Bourne Foundation, leaving a body corporate in legal limbo with unresolved assets, liabilities, and obligations. An orderly dissolution serves the public interest by properly concluding this entity rather than allowing it to persist as a zombie corporation with uncertain legal status.

These Regulations (SI 2016/1219) are a commencement order bringing into force on 19th December 2016 certain provisions of the Energy Act 2016. Specifically, they commence section 34 (OGA power to require information and samples), except subsection (1)(b), and section 36 (appeals against OGA decisions on information and samples plans) insofar as it applies to notices under section 34(1)(a). This is purely an administrative instrument setting activation dates for already-enacted primary legislation.

This commencement order adds no substantive regulatory burden itself but serves merely as an administrative trigger — yet it represents the pattern of EU-derived regulatory apparatus being extended without democratic scrutiny. More fundamentally, the powers it activates (OGA compulsion of information and samples) are themselves typical of the regulatory overreach that distorts market incentives in the North Sea. The Oil and Gas Authority's coercive information-gathering powers create compliance costs that deter investment, yet the same regulatory objectives could be achieved through voluntary disclosure regimes or market-based incentives. As a commencement instrument that merely activates statutory powers already on the books, deleting it removes an unnecessary layer of bureaucratic process while the underlying policy debate about OGA powers should be had at the primary legislation level.

Amends the VAT (Small Non-Commercial Consignments) Relief Order 1986 by raising the value threshold for VAT relief on small non-commercial import consignments from £34 to £39, effective 1 January 2017. This de minimis threshold allows individuals to import low-value goods (gifts, personal items) without paying VAT.

Without this relief, all small non-commercial imports would require full VAT assessment and customs processing, imposing disproportionate compliance costs on individuals and administrative burdens on customs authorities. The alternative — applying full VAT machinery to trivial import values — would cost more to enforce than the revenue collected. While the threshold is arbitrary, deletion would create worse outcomes: either complete non-enforcement (undermining tax neutrality) or costly micro-administration of pennies in VAT.

Amends Police Regulations 2003 regarding: (1) Secretary of State's power to determine rank requirements for chief constable/commissioner appointments; (2) requirements for courses/assessment centres for promotion above Chief Superintendent; (3) alcohol testing procedures for officers on duty; (4) addition of employment and support allowance to pay deductions list.

These are administrative amendments governing a public sector monopoly (police) that implements primary legislation. The regulations primarily determine appointment criteria for senior police ranks and breath-testing procedures. Deletion would not advance economic freedom or reduce regulatory burden in any meaningful sense — the underlying Police Regulations 2003 and the 2011 Act framework would remain intact. The amendments themselves are modest procedural clarifications that do not impose significant new restrictions on individuals or businesses.

A commencement order bringing section 28 of the Youth Justice and Criminal Evidence Act 1999 (video recorded cross-examination or re-examination) into force on 2 January 2017, but limited to Crown Courts at Kingston-upon-Thames, Leeds, and Liverpool, and only for witnesses aged 16 or 17 who are eligible for assistance on grounds of age under section 16(1)(a).

This commencement order restricts the rollout of video recorded cross-examination to only 3 arbitrary Crown Court locations, creating postcode lottery justice. The original section 28 itself represents regulatory interference in how evidence is taken, adding procedural complexity without clear evidence that outcomes for young witnesses improve. By limiting to only 16-17 year olds at just three courts, this patches an existing imperfect system rather than addressing root problems. Such geographic restrictions lack principled justification and delay broader access to whatever benefits the measure provides, while the underlying mandate still awaits full implementation.

This Order abolishes existing wards of the London Borough of Southwark and replaces them with 23 newly defined wards, specifying the area of each ward by reference to a map held by the Local Government Boundary Commission for England, and setting the number of councillors to be elected for each ward. It establishes the timeline for these electoral changes to take effect (October 2017 for election proceedings, May 2018 for other purposes).

This is a technical electoral administration order establishing the basic framework for democratic governance in Southwark. Deleting it would create legal chaos, leaving no lawful basis for conducting local elections or defining ward boundaries. Unlike regulations that restrict economic activity or trade, this merely establishes administrative structures necessary for democratic representation. While one might question the specific boundary configurations, there is no viable free-market or deregulation argument for simply abolishing electoral geography — coordination of representative democracy requires defined electoral units.

These Regulations set the maximum 'basic amounts' that universities can charge for tuition fees in England for various course types (full-time, part-time, sandwich, Erasmus years, courses with overseas institutions). They establish tiered fee caps: £6,165/£6,000 for standard full-time courses, with reduced rates for short final years (£3,080/£3,000), sandwich courses (£1,230/£1,200), Erasmus years (£920/£900), and part-time courses (£4,625/£4,500). The regulations apply to academic years beginning on or after 1st August 2017 and define 'eligible institutions' by reference to a Schedule.

This regulation is a price-control mechanism that caps tuition fees, fundamentally distorting the higher education market. Price caps prevent universities from competing on value and reduce incentives to improve efficiency and reduce costs. The two-tier system distinguishing 'eligible institutions' from others creates discriminatory treatment that distorts competition. The complex tiered structure (with different rates for sandwich courses, Erasmus years, short final years, and overseas partnerships) adds administrative burden and market friction. In a genuinely competitive higher education market, universities should be free to set fees reflecting the value they provide, allowing students to make informed choices based on cost, reputation, and career outcomes. While the stated goal is protecting students from excessive fees, price controls ultimately harm consumers by reducing supply, diminishing quality, and eliminating price signals that would otherwise guide market entry and innovation.

These Regulations set maximum tuition fee amounts ('higher amounts') for higher education courses in England. They establish tiered fee caps depending on course type: £9,250/£9,000 for standard full-time courses, £6,935/£6,750 for part-time courses, reduced amounts for sandwich courses, final years under 15 weeks, and overseas study periods, and specific lower amounts for Erasmus years. The Regulations apply to academic years beginning on or after 1st August 2017 and contain transitional provisions excluding students on prior courses ('end-on students').

These Regulations impose price controls on higher education tuition fees, distorting market signals that would otherwise guide institutional investment and student choice. The tiered fee caps (£9,250 down to £1,350) reflect bureaucratic categorisation rather than market-determined values, preventing elite institutions from capturing returns that would fund research and innovation. Complex categorical distinctions (sandwich courses, Erasmus years, eligible institutions) create compliance costs and market distortions while entrenching privileged status for 'eligible institutions' listed in the Schedule. Post-Brexit regulatory independence offers the opportunity to allow genuine fee competition that would incentivise quality, drive efficiency, and expand student choice rather than perpetuate a politically-managed pricing regime inherited from EU-era frameworks.

Minor amendment regulation that updates a reference in the Student Fees (Inflation Index) Regulations 2006, substituting 'Office of National Statistics' with 'Office for Budget Responsibility' as the body responsible for calculating the inflation index for student fees.

This is a purely technical amendment updating an obsolete reference. The Office for Budget Responsibility has been the UK's fiscal watchdog since 2010 and is better positioned than the ONS for this calculation. Deleting it would leave the 2006 regulations referencing an outdated body. The regulation imposes no regulatory burden—it merely ensures administrative accuracy. Unlike the underlying student fees regime itself (which involves government-backed loans and income-contingent repayment mechanisms), this amendment simply corrects which government body calculates an inflation figure.

The Copyright (Amendment) Regulations 2016 amend the Copyright, Designs and Patents Act 1988 and the Duration of Copyright and Rights in Performances Regulations 1995. The changes: (1) add provisions for artistic works qualifying for copyright via disapplication of paragraph 6(1) of Schedule 1; (2) insert paragraph 6(1A) disapplying paragraph 6(1) for artistic works protected under another EEA state's law as of 1 July 1995; (3) extend regulation 16 of the 1995 Regulations to cover revived copyright; (4) revoke regulations 24, 25, 34, and 35 concerning revived copyright/performance rights 'use as of right' provisions and Copyright Tribunal applications; (5) include transitional provisions for ongoing royalty/remuneration agreements predating the commencement date (6 April 2017).

Revived copyright provisions artificially extend monopoly rights on works that had fallen into the public domain, creating market distortions and uncertainty. Revoking 'use as of right' provisions (regulations 24 and 34) eliminates the mechanism that allowed users to access revived works subject only to reasonable royalty—replacing market flexibility with litigation risk. The Copyright Tribunal jurisdiction adds regulatory cost and friction. As EU-derived law retained post-Brexit, this represents exactly the type of Brussels-inherited copyright maximalism that should be reviewed. These provisions reflect the EU's tendency toward copyright protectionism rather than the balanced approach Adam Smith would advocate—unjustified monopoly extension harms downstream users, creators seeking to build on cultural works, and ultimately consumers.

Amendment to Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003, updating the definition of 'the Directive' to reference the amended EU Directive 2000/59/EC, inserting a new Regulation 24 requiring periodic (5-year) reviews of regulation 11(1) and Schedule 2, and substituting Schedule 2 content. The reviews must assess implementation in other Member States and whether objectives could be achieved with less regulation.

This amendment perpetuates an EU-derived regulatory framework without legitimate post-Brexit purpose. The mandatory review requirement referencing implementation in other Member States is irrelevant outside the EU. The regulatory system constrains UK maritime policy while serving bureaucratic coordination rather than British interests. Port waste reception can be managed through domestic standards withoutEU directive constraints. The amendment adds no substantive protections beyond what already existed in the 2003 regulations, merely updating definitions and adding procedural review burdens.

These Regulations provide double taxation relief for the UK Bank Levy when a UK banking group or relevant foreign bank also pays the Single Resolution Fund (SRF) levy under EU Regulation 806/2014. They allow a credit for the SRF levy paid to reduce the Bank Levy chargeable in the UK, with complex calculation rules for determining the credit amount, attribution rules for permanent establishments, and ordering rules when multiple foreign territories are involved. The Regulations apply to periods of account ending on or after 1 January 2016.

The SRF levy is an EU mechanism under the EU Single Resolution Mechanism Regulation 806/2014. Post-Brexit, the UK is no longer part of the EU's Single Resolution Mechanism and no longer contributes to the SRF. UK entities that were previously subject to both levies are now subject only to the UK's own resolution regime. These Regulations were designed to prevent double taxation between the UK Bank Levy and the EU SRF levy — a scenario that no longer exists for UK entities after Brexit. Retaining this regulation creates unnecessary compliance complexity and record-keeping burdens for UK banks while serving no practical purpose, as the underlying EU levy it references can no longer be imposed on UK entities.

A commencement order that brings all remaining provisions of the Safeguarding and Clergy Discipline Measure 2016 into force on 1st January 2017. This is a procedural instrument that activates previously enacted church legislation relating to safeguarding procedures and clergy discipline within the Church of England.

This is a procedural commencement order with no independent regulatory effect - it merely activates existing safeguarding provisions on a specified date. Deleting it would create legal uncertainty and delay implementation of safeguarding measures designed to protect children and vulnerable adults. The substantive provisions exist in the primary 2016 Measure, not in this commencement order. Unlike EU-derived regulations or gold-plated directives, this is domestic church legislation with no apparent competitive or market-distorting effects.

This Order amends the Antarctic Act 1994 (Jersey) Order 1995 to reflect amendments made by sections 14, 15 and 16 of the Antarctic Act 2013, ensuring Jersey's legislation remains aligned with updated UK Antarctic protection measures.

This regulation implements multilateral treaty obligations under the Antarctic Treaty system, an international framework to which the UK is a signatory. The Antarctic Treaty is not EU-derived and does not represent gold-plating or bureaucratic burden — it addresses a unique global commons where unregulated activity would cause irreversible environmental harm. Deletion would create a compliance gap rather than free Britons from genuine regulatory constraint, and would breach international commitments without any corresponding economic benefit, as Antarctica is designated as a scientific preserve with no commercial exploitation permitted under the treaty regime.

Amends the Trial of the Pyx Order 1998 by increasing the number of coins the Royal Mint must set apart for the annual Trial ceremony from 2,000 to 10,000 (£1 coins), 3,000 to 15,000 (50p coins), 5,000 to 20,000 (20p coins), 5,000 to 30,000 (2p coins), and 5,000 to 10,000 (1p coins). The Trial of the Pyx is a centuries-old ceremony dating to the 13th century where coins are officially tested for weight and quality.

The Trial of the Pyx is an archaic ceremonial relic that imposes real costs (minting extra coins, ceremonial proceedings, administrative overhead) while serving no essential function modern quality control cannot achieve more efficiently. The increased quantities amplify this burden. The ceremony provides no meaningful protection beyond what the Mint's internal quality systems and consumer protection law already provide — confidence in coinage is maintained through modern metrology and consumer rights, not medieval ritual. Deleting this removes an unnecessary historical encumbrance while preserving the Royal Mint's ability to adopt efficient modern quality assurance methods.