Amendments to regulation 95.

For regulation 9(1), substitute—

“9.

(1)

Subject to paragraph (2), where an exception under regulation 3(1)(m) to (p) or 3(2) applies, section 23 of the Act has effect as if—

(a)

in subsection (1) for “at least 1% less” there were substituted “no more”;

(b)

at the end of subsection (1) there were inserted “adjusted by the specified percentage”; and

(c)

after subsection (1) there were inserted—

“(1A)

The specified percentage is determined by—

(a)

finding the percentage change in the consumer prices index over the specified period, and

(b)

adding 1% to that percentage.

(1B)

In subsection (1A)—

“consumer prices index” means the general index of consumer prices (for all items) published by the Statistics Board or, if that index is not published for any month, any substituted index or index figures published by that Board; and

“specified period” means the period of 12 months up to and including the September which falls before the 31st March immediately preceding the relevant year.”.