OpenLegislation

Regulation 34 Functions of the regulatory bodyF1I1

United Kingdom

(1)

The regulatory body—

(F2a)

shall, on application being made to it by a body which is eligible to be approved under regulation 33 above, approve that body;

(F3aa)

may—

(i)

at the time a body is approved, or

(ii)

subsequently, by notice delivered to that body,

impose such conditions as it sees fit;

(ab)

may, by notice delivered to a body, vary or revoke any condition of the approval;

F4(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(e)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(F6ee)

shall revoke the approval of any body which applies for its approval to be revoked;

(f)

shall maintain a roll of bodies which it has approved;

(g)

shall allocate an identifying number (the enrolment number) to each such body;

(h)

shall remove from the roll any body whose approval F7has been revoked under sub-paragraph (ee) or regulation 35(1)(h);

(i)

shall satisfy itself, by reference to such records or other documents or information it thinks fit, that the qualifying contributions received by the body have been spent by it only in the course or furtherance of its approved objects; F8...

(j)

shall publish information regarding which bodies it has approved and which approvals F9has been revoked under sub-paragraph (ee) or regulation 35(1)(h) F10; F11...

(k)

shall, when notified by an approved body of the transfer to or by it of the whole or part of a qualifying contribution or of income derived therefrom, notify the registered person who made the qualifying contribution, and any contributing third party in relation to it, of—

(i)

the date of the transfer,

(ii)

the name and enrolment number of the body by or, as the case may require, to whom the transfer was made;

(iii)

the amount transferred; and

(iv)

the approved objects to which the transferred funds are to be applied F12; and

(F13l)

shall comply with such conditions as the Commissioners may impose from time to time under regulation 35(1)(aa) (including any conditions varied under regulation 35(1)(ab)).

(2)

Where—

(a)

the Commissioners revoke their approval of the regulatory body without approving another body with effect from the day after the revocation takes effect; and

(b)

they have not given notice in writing to each body which has been enrolled (and which has not been removed from the roll), no later than the date such revocation takes effect, that they F14will be performing any of the functions specified in paragraph (1) above,

the approval of all such bodies shall be deemed to have been revoked on the day the Commissioners revoked their approval.

Annotations

Textual amendments

F1

Regulations disapplied in relation to Scotland (with effect from 1.4.2015) by virtue of Scotland Act 2012 (c. 11), ss. 31, 44(2)(b)(3)(c); S.I. 2015/638, art. 2 (with saving in S.I. 2015/599, arts. 6, 7)

Regulations disapplied in relation to Wales (with effect from 1.4.2018) by virtue of Wales Act 2014 (c. 29), ss. 19, 29(2)(b)(3)(b); S.I. 2018/214, art. 2(b)

F2

Reg. 34(1)(a) substituted (1.1.2000) by The Landfill Tax (Amendment) Regulations 1999 (S.I. 1999/3270), regs. 1, 8(a)

F3

Reg. 34(1)(aa)(ab) inserted (1.4.2007) by The Landfill Tax (Amendment) Regulations 2007 (S.I. 2007/965), regs. 1(1), 4(2)

F4

Reg. 34(1)(b)(c)(d) omitted (1.1.2000) by virtue of The Landfill Tax (Amendment) Regulations 1999 (S.I. 1999/3270), regs. 1, 8(b)

F5

Reg. 34(1)(e) omitted (1.4.2008) by virtue of The Landfill Tax (Amendment) Regulations 2008 (S.I. 2008/770), regs. 1(1), 4(2)

F6

Reg. 34(1)(e)(ee) substituted for reg. 34(1)(e) (1.1.2000) by The Landfill Tax (Amendment) Regulations 1999 (S.I. 1999/3270), regs. 1, 8(c)

F7

Words in reg. 34(1)(h) substituted (1.4.2008) by The Landfill Tax (Amendment) Regulations 2008 (S.I. 2008/770), regs. 1(1), 4(3)

F8

Word in reg. 34(1) omitted (1.1.2000) by virtue of The Landfill Tax (Amendment) Regulations 1999 (S.I. 1999/3270), regs. 1, 8(d)

F9

Words in reg. 34(1)(j) substituted (1.4.2008) by The Landfill Tax (Amendment) Regulations 2008 (S.I. 2008/770), regs. 1(1), 4(3)

F10

Reg. 34(1)(k) and word inserted (1.1.2000) by The Landfill Tax (Amendment) Regulations 1999 (S.I. 1999/3270), regs. 1, 8(e)

F11

Word in reg. 34(1)(j) omitted (1.4.2007) by virtue of The Landfill Tax (Amendment) Regulations 2007 (S.I. 2007/965), regs. 1(1), 4(3)

F12

Word in reg. 34(1)(k) inserted (1.4.2007) by The Landfill Tax (Amendment) Regulations 2007 (S.I. 2007/965), regs. 1(1), 4(4)

F13

Reg. 34(1)(l) inserted (1.4.2007) by The Landfill Tax (Amendment) Regulations 2007 (S.I. 2007/965), regs. 1(1), 4(5)

F14

Words in reg. 34(2)(b) substituted (1.1.2000) by The Landfill Tax (Amendment) Regulations 1999 (S.I. 1999/3270), regs. 1, 8(f)

Commencement

I1

Reg. 34 in force at 1.8.1996, see reg. 1

Notes on the whole SI

Textual amendments

F1

Regulations disapplied in relation to Scotland (with effect from 1.4.2015) by virtue of Scotland Act 2012 (c. 11), ss. 31, 44(2)(b)(3)(c); S.I. 2015/638, art. 2 (with saving in S.I. 2015/599, arts. 6, 7)

Regulations disapplied in relation to Wales (with effect from 1.4.2018) by virtue of Wales Act 2014 (c. 29), ss. 19, 29(2)(b)(3)(b); S.I. 2018/214, art. 2(b)