type: legislation

jurisdiction: UK

text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Law Applicable to Contractual Obligations (England and Wales and Northern Ireland) Regulations 2009, and shall come into force on 17 December 2009.
2
Regulation 3 extends to England and Wales only.
3
Regulation 4 extends to Northern Ireland only.
4
Otherwise, these Regulations extend to England and Wales and Northern Ireland.
Restriction on the application of the Contracts (Applicable Law) Act 1990
2
After section 4 of the Contracts (Applicable Law) Act 1990 insert —
Disapplication where the rules in the Rome I Regulations apply: England and Wales and Northern Ireland
4A
1
Nothing in this Act applies to affect the determination of issues relating to contractual obligations which fall to be determined under the Rome I Regulation.
2
In this section the “Rome I Regulation” means Regulation ( EC ) No. 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations , including that Regulation as applied by regulation 5 of the Law Applicable to Contractual Obligations (England and Wales and Northern Ireland) Regulations 2009 (conflicts falling within Article 22(2) of Regulation (EC) No. 593/2008 ).
3
This section extends to England and Wales and Northern Ireland only.
.
Restriction on the application of the Foreign Limitation Periods Act 1984 and related legislation
3
1
Section 8 of the Foreign Limitation Periods Act 1984 (disapplication of sections 1, 2 and 4 where the rules in the Rome II Regulation apply) is amended as follows.
2
In the section heading, for “the rules in the Rome II Regulation apply” substitute “the law applicable to limitation is determined by other instruments”.
3
In subsection (1), before “the Rome II Regulation” insert “the Rome I Regulation or”.
4
After subsection (1), insert —
1A
In subsection (1) the “Rome I Regulation” means Regulation (EC) No. 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations, including that Regulation as applied by regulation 5 of the Law Applicable to Contractual Obligations (England and Wales and Northern Ireland) Regulations 2009 (conflicts solely between the laws of different parts of the United Kingdom or between one or more parts of the United Kingdom and Gibraltar).
4
1
Article 9 of the Foreign Limitation Periods (Northern Ireland) Order 1985 (disapplication where the rules in the Rome II Regulation apply) is amended as follows.
2
In the article heading, for “the rules in the Rome II Regulation apply” substitute “the law applicable to limitation is determined by other instruments”.
3
In paragraph (1), before “the Rome II Regulation” insert “the Rome I Regulation”.
4
After paragraph (1), insert —
1A
In paragraph (1) the “Rome I Regulation” means Regulation (EC) No. 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations, including that Regulation as applied by regulation 5 of the Law Applicable to Contractual Obligations (England and Wales and Northern Ireland) Regulations 2009 (conflicts solely between the laws of different parts of the United Kingdom or between one or more parts of the United Kingdom and Gibraltar).
Application of the Regulation (EC) No. 593/2008 : conflicts falling within Article 22(2)
5
1
Notwithstanding Article 22(2) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations, that Regulation shall apply in the case of conflicts between —
a
the laws of different parts of the United Kingdom, or
b
the laws of one or more parts of the United Kingdom and Gibraltar,
as it applies in the case of conflicts between the laws of other countries.
2
Paragraph (1) shall not apply to contracts falling within Article 7 of Regulation (EC) No. 593/2008 (insurance contracts) .
Signed by authority of the Secretary of State
Bach
Parliamentary Under Secretary of State
Ministry of Justice
15th November 2009


text:
1
This Order may be cited as the A5117 Trunk Road (Parkgate Road Roundabout) (De-Trunking) Order 2009 and shall come into force on 26th June 2009.
2
In this Order–
i
“the new trunk road” means the new highway which the Secretary of State is authorised to provide by the A550 and A5117 Trunk Roads (Improvement between the M56 and A548) and Connecting Roads Order 2006;
ii
“the trunk road” means the A5117 Trunk Road;
iii
“the plan” means the plan numbered HA/10/MP/106, marked the A5117 Trunk Road (A540 Parkgate Road Roundabout) (De-Trunking) Order 2009 signed by the authority of the Secretary of State for Transport and deposited at the Department for Transport Information Management Division, Ashdown House, Sedlescombe Road North, St Leonards- on Sea, East Sussex, TN37 7GA; and
3
The length of the trunk road described in the Schedule to this Order and shown by broad hatching on the plan shall cease to be a trunk road from the date on which the Secretary of State notifies Cheshire County Council.
Signed by authority of the Secretary of State for Transport and deposited at the offices of the Highways Agency, City Tower, Piccadilly Plaza, Piccadilly, Manchester, M1 4BE.
Andrew Watson
Divisional Director Highways Agency
8th June 2009


text:
Citation and commencement
1
These Regulations may be cited as the Armed Forces (Discharge and Transfer to the Reserve Forces) Regulations 2009 and shall come into force on 31st October 2009.
Interpretation
2
1
In these Regulations —
“the 1955 Acts ” means the Army Act 1955 and the Air Force Act 1955 ;
“the 1957 Act ” means the Naval Discipline Act 1957 ;
“the 1966 Act ” means the Armed Forces Act 1966 ;
“the 1996 Act ” means the Reserve Forces Act 1996 ;
“the 2006 Act ” means the Armed Forces Act 2006;
“commencement” means the date on which these Regulations come into force;
“enlisted person” means a member of the regular forces of or below the rank or rate of warrant officer;
“warrant officer” does not include an acting warrant officer, except in the definition of “enlisted person” above.
2
For the purposes of these Regulations —
a
in relation to a person enlisted in the Royal Navy or the Royal Marines, the competent authority is the Defence Council, the Admiralty Board, the Naval Secretary or any person authorised by him;
b
in relation to a person enlisted in the regular army, the competent authority is the Defence Council, the Army Board, the Director of Manning (Army) or any person authorised by him; and
c
in relation to a person enlisted in the Royal Air Force, the competent authority is the Defence Council, the Air Force Board, the Air Secretary or any person authorised by him.
Authority to discharge or transfer
3
An enlisted person may be discharged, or transferred to a reserve force, only by the competent authority or a person authorised by him.
Entitlement to be discharged or transferred
4
1
Where an enlisted person becomes entitled to be discharged or transferred to a reserve force —
a
subject to paragraphs (2) and (3), he shall be discharged or transferred as soon as is practicable; but
b
he shall remain a member of the regular forces until discharged or transferred.
2
Where an enlisted person —
a
was enlisted in the United Kingdom,
b
becomes entitled to be discharged at a time when he is serving outside the United Kingdom, and
c
elects to be discharged in the United Kingdom,
he shall be conveyed to the United Kingdom as soon as is practicable and at no expense to him, and shall be discharged on his arrival there, or, if he consents to his discharge being delayed, within six months after his arrival.
3
Where an enlisted person —
a
falls to be transferred to a reserve force at a time when he is serving outside the United Kingdom, and
b
elects to be transferred in the United Kingdom,
he shall be conveyed to the United Kingdom as soon as is practicable and at no expense to him, and shall be transferred on his arrival there, or, if he consents to his transfer being delayed, within six months after his arrival.
4
References in this regulation to a person’s becoming entitled to be discharged include his becoming so entitled by virtue of these Regulations.
Conveyance to place of residence
5
1
Where an enlisted person is discharged or transferred to a reserve force in the United Kingdom, he shall be entitled to be conveyed at no expense to him from the place of his discharge or transfer to any place in the United Kingdom where he intends to reside.
2
Subject to paragraph (1), an enlisted person who is discharged or transferred to a reserve force shall not be entitled to be conveyed from the place of his discharge or transfer to any other place.
Certificate of discharge
6
1
On being discharged, an enlisted person shall be given a certificate of discharge containing —
a
his full name, rank or rate and service number;
b
the date and place of his enlistment or of the commencement of his service;
c
if he is being discharged having performed duties as a member of the regular forces, a signed assessment by an officer as to his conduct and character;
d
the date of his discharge and the service or corps from which he is discharged;
e
a statement of his liability, if any, to service in the reserve forces; and
f
the signature of the competent authority or other person by whom he is discharged.
2
In this regulation “corps” means any body of the regular army that may from time to time be declared by Royal Warrant to be a corps.
Right of warrant officer to discharge following reduction in rank or disrating
7
1
This regulation applies to a warrant officer of the regular forces if his rank or rate has been reduced —
a
by a sentence of the Court Martial to the greatest extent to which it could be so reduced; or
b
under section 293 of the 2006 Act (effect of custodial sentence or sentence of service detention) by virtue of a sentence passed on him by the Court Martial taking effect.
2
This regulation also applies to a warrant officer of the regular forces if —
a
his rank or rate has been reduced —
i
by a sentence of the Appeal Court to the greatest extent to which it could be so reduced; or
ii
under section 293 of the 2006 Act by virtue of a sentence passed on him by the Appeal Court (other than a suspended sentence of imprisonment or a suspended sentence of service detention) taking effect; and
b
this regulation has not previously applied to him by virtue of any sentence passed by the Court Martial in the proceedings to which the appeal relates, or by virtue of any such sentence taking effect.
3
This regulation also applies to a warrant officer of the regular forces if his rank or rate has been reduced under section 293 of the 2006 Act by virtue of a suspended sentence of imprisonment, or a suspended sentence of service detention, passed on him by the Appeal Court taking effect.
4
A warrant officer to whom this regulation applies may give notice in writing to his commanding officer, within 28 days of the day on which this regulation began (or last began) to apply to him, that he wishes to be discharged from the regular forces.
5
A warrant officer who has given notice under paragraph (4) shall be entitled to be discharged.
6
In this regulation “the Appeal Court” means the Court Martial Appeal Court, but in paragraph (3) includes the Courts-Martial Appeal Court.
Postponement of discharge or transfer
8
1
This regulation applies to an enlisted person if —
a
apart from this regulation, he would have become entitled to be discharged or transferred to a reserve force;
b
on the date on which he would have become so entitled (“the relevant date”), a call-out order under section 52, 54 or 56 of the 1996 Act is in force authorising the call out for permanent service of members of the reserve forces; and
c
none of regulations 9 to 12 applies to him.
2
References in paragraph (1) to a person’s becoming entitled to be discharged include his becoming so entitled by virtue of these Regulations.
3
A person to whom this regulation applies may be retained in service in the regular forces for such period as the competent authority may order, not exceeding the maximum period, and if so retained shall not be entitled to be discharged or transferred to a reserve force until the expiry of the period so ordered.
4
Where the person would otherwise have been entitled to be discharged, and any call-out order by virtue of which this regulation applies to him was made under section 52 or 54 of the 1996 Act, the maximum period is 12 months from the relevant date.
5
Where the person would otherwise have been entitled to be discharged, and the only call-out order by virtue of which this regulation applies to him was made under section 56 of the 1996 Act, the maximum period is nine months from the relevant date.
6
Where the person would otherwise have been entitled to be transferred to a reserve force, the maximum period is the period for which he could have been required to serve on being called out under Part 6 of the 1996 Act if —
a
he had been transferred to the reserve force in time to be called out for permanent service starting on the relevant date; and
b
he had been so called out on the authority of the call-out order by virtue of which this regulation applies to him.
7
Where —
a
a person is retained in service in the regular forces by virtue of this regulation,
b
on the expiry of the period for which his retention was ordered, a call-out order under section 52 or 54 of the 1996 Act is in force, and
c
he makes a declaration before his commanding officer in a form approved for the purposes of this regulation by or on behalf of the Defence Council,
he may (with the approval of the competent authority) continue to serve in the regular forces for as long as such a call-out order is in force, and shall be entitled to be discharged or transferred to a reserve force on the expiry of three months’ notice given by him to his commanding officer.
8
Where a person who would otherwise have been entitled to be transferred to a reserve force is retained in service, or continues to serve, in the regular forces by virtue of this regulation —
a
any period for which he is liable to serve in a reserve force shall be reduced by the period for which he is so retained or continues so to serve; and
b
the period for which he is so retained or continues so to serve shall be treated as a period of relevant service for the purposes of Parts 4 to 7 of the 1996 Act.
9
1
This regulation applies to an enlisted person if immediately before commencement, by virtue of paragraph 2 of Schedule 7 to the 1996 Act, the Army Act 1955 continued to apply in relation to him without the amendments made by paragraph 1 of that Schedule.
2
Paragraph (1) is subject to regulation 14.
3
Where this regulation applies to a person, section 9 of the Army Act 1955 shall continue to apply in relation to him —
a
without the amendments made by paragraph 1 of Schedule 7 to the 1996 Act; and
b
notwithstanding its repeal by the 2006 Act.
10
1
This regulation applies to an enlisted person if immediately before commencement, by virtue of paragraph 4 of Schedule 7 to the 1996 Act, the Army Act 1955 continued to apply in relation to him without the amendments made by paragraph 3 of that Schedule.
2
Paragraph (1) is subject to regulation 14.
3
Where this regulation applies to a person, paragraph 4A of Schedule 7 to the Army Act 1955 shall continue to apply in relation to him —
a
without the amendments made by paragraph 3 of Schedule 7 to the 1996 Act; and
b
notwithstanding its repeal by the 2006 Act.
11
1
This regulation applies to an enlisted person if immediately before commencement, by virtue of paragraph 6 of Schedule 7 to the 1996 Act, the Air Force Act 1955 continued to apply in relation to him without the amendments made by paragraph 5 of that Schedule.
2
Paragraph (1) is subject to regulation 14.
3
Where this regulation applies to a person, section 9 of the Air Force Act 1955 shall continue to apply in relation to him —
a
without the amendments made by paragraph 5 of Schedule 7 to the 1996 Act; and
b
notwithstanding its repeal by the 2006 Act.
12
1
This regulation applies to an enlisted person if immediately before commencement, by virtue of paragraph 8 of Schedule 7 to the 1996 Act, the 1966 Act continued to apply in relation to him without the amendments made by paragraph 7 of that Schedule.
2
Paragraph (1) is subject to regulation 14.
3
Where this regulation applies to a person, section 4 of the 1966 Act shall continue to apply in relation to him —
a
without the amendments made by paragraph 7 of Schedule 7 to the 1996 Act; and
b
notwithstanding its repeal by the 2006 Act.
13
1
For the purposes of their continued application in relation to an enlisted person by virtue of any of regulations 9 to 12, section 9 of each of the 1955 Acts, paragraph 4A of Schedule 7 to the Army Act 1955 and section 4 of the 1966 Act are modified as follows.
2
References to the competent military authority, the competent air-force authority or the competent authority are to be read as references to a person who for the purposes of these Regulations is the competent authority in relation to the enlisted person.
3
References to the enlisted person’s commanding officer are to be read as references to the officer who is his commanding officer for the purposes of the 2006 Act.
14
A person to whom any of regulations 9 to 12 applies may irrevocably elect to be a person to whom that regulation does not apply, by making a declaration before his commanding officer in a form approved for the purposes of this regulation by or on behalf of the Defence Council.
Transitional provisions
15
The Schedule shall have effect.
Kevan Jones
Bill Jeffrey
Members of the Defence Council
Ministry of Defence
31st March 2009


text:
Citation and commencement
1
These Regulations may be cited as the Further Education (Principals’ Qualifications) (England) (Amendment) (No. 2) Regulations 2009 and come into force on 23rd October 2009.
Amendment of the Further Education (Principals’ Qualifications) (England) Regulations 2007
2
The Further Education (Principals’ Qualifications) (England) Regulations 2007 are amended as set out in regulation 3.
3
In regulation 5(3)(a)(i), for “and”, substitute “in circumstances where she”.
Kevin Brennan
Parliamentary Under Secretary of State
Department for Business, Innovation and Skills
21st July 2009


text:
1
This Order may be cited as the Chief Regulator of Qualifications and Examinations Order 2009 and comes into force on 1st April 2010.
2
Kathleen Tattersall is appointed to chair the Office of Qualifications and Examinations Regulation.
Judith Simpson
Clerk of the Privy Council


text:
1
This Order may be cited as the Hendon Urban Motorway Special Roads Scheme 1961 (Variation) Order 2009 and shall come into force on 27th April 2009.
2
The Hendon Urban Motorway Special Roads Scheme 1961 as varied by the Hendon Urban Motorway Special Roads (Variation) and Connecting Roads Scheme 1964 is hereby varied to remove from the special road, the land starting at a point about 260 yards northwest of the intersection of Bunns Lane, Hendon with the route of The Hendon Urban Motorway Special Road and extending about 33 yards northwest along the special road as delineated and coloured red on the Plan.
3
The Plan means the plan numbered HA/35/2/17, marked “The Hendon Urban Motorway Special Roads Scheme 1961 (Variation) Order 2009”, signed by authority of the Secretary of State for Transport and deposited at Document Deposit Service, Communities and Local Government, Room F13, Ashdown House, Sedlescombe Road North, St Leonards on Sea, East Sussex TN37 7JS.
Signed by authority of the Secretary of State for Tansport
Jon Griffiths
A Divisional Director Highways Agency
1st April 2009


text:
Application, citation and commencement
1
This Order, which applies to England only, may be cited as the Non-Domestic Rating (Rural Settlements) (England) (Amendment) Order 2009 and shall come into force on 1st April 2010.
Rateable value limits
2
In respect of any hereditament shown in a non-domestic rating list compiled on or after 1st April 2010, the Non-Domestic Rating (Rural Settlements) (England) Order 1997 is amended as follows —
a
in article 3(1)(a), for “£10,500” substitute “£12,500”;
b
in article 3(1)(b), for “£7,000” substitute “£8,500”; and
c
in article 3(2), for “£14,000” substitute “£16,500”.
Signed by authority of the Secretary of State for Communities and Local Government
Barbara Follett
Parliamentary Under Secretary of State
Department for Communities and Local Government
3rd December 2009


text:
Citation, commencement and application
1
1
These Regulations may be cited as the RTM Companies (Model Articles) (England) Regulations 2009 and shall come into force on 9th November 2009.
2
These Regulations apply to RTM companies which exercise the right to manage premises in England.
Form and content of articles of association of RTM companies
2
1
The articles of association of a RTM company shall take the form, and include the provisions, set out in the Schedule to these Regulations.
2
Subject to regulation 3(2), the provisions referred to in paragraph (1) shall have effect for a RTM company whether or not they are adopted by the company.
Revocation of instrument and transitional provisions
3
1
The RTM Companies (Memorandum and Articles of Association) (England) Regulations 2003 (“the 2003 Regulations ”) are revoked.
2
During the transitional period the 2003 Regulations shall continue to have effect in relation to RTM companies incorporated before 9th November 2009.
3
The transitional period is the period beginning on 9th November 2009 and ending on 30th September 2010.
Signed by authority of the Secretary of State for Communities and Local Government
Ian Austin
Parliamentary Under Secretary of State
Department for Communities and Local Government
13th October 2009


text:
Citation and commencement
1
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Child Benefit Disregard and Child Care Charges) Regulations 2009.
2
These Regulations come into force —
a
except for the purposes of regulation 3 on 5th August 2009; and
b
for the purposes of regulation 3 on 2nd November 2009.
Treatment of child care charges
2
1
At the end of —
a
regulation 28(8) of the Housing Benefit Regulations 2006 ,
b
regulation 31(8) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ,
c
regulation 18(8) of the Council Tax Benefit Regulations 2006 , and
d
regulation 21(8) (treatment of child care charges) of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ,
(each of which relates to the treatment of child care charges), insert —
or
g
by a person who is registered under Chapter 2 or 3 of Part 3 of the Childcare Act 2006 ; or
h
by any of the schools mentioned in section 34(2) of the Childcare Act 2006 in circumstances where the requirement to register under Chapter 2 of Part 3 of that Act does not apply by virtue of section 34(2) of that Act; or
i
by any of the schools mentioned in section 53(2) of the Childcare Act 2006 in circumstances where the requirement to register under Chapter 3 of Part 3 of that Act does not apply by virtue of section 53(2) of that Act; or
j
by any of the establishments mentioned in section 18(5) of the Childcare Act 2006 in circumstances where the care is not included in the meaning of “childcare” for the purposes of Part 1 and Part 3 of that Act by virtue of that subsection; or
k
by a foster parent under the Fostering Services Regulations 2002 , the Fostering Services (Wales) Regulations 2003 or the Fostering of Children (Scotland) Regulations 1996 in relation to a child other than one whom the foster parent is fostering; or
l
by a domiciliary care worker under the Domiciliary Care Agencies Regulations 2002 or the Domiciliary Care Agencies (Wales) Regulations 2004 ; or
m
by a person who is not a relative of the child wholly or mainly in the child’s home.
.
Disregard of child benefit from income other than earnings
3
1
At the end of Schedule 5 (sums to be disregarded in the calculation of income other than earnings) to the Housing Benefit Regulations 2006 add —
65
Any payment of child benefit.
.
2
At the end of Schedule 4 (sums to be disregarded in the calculation of income other than earnings) to the Council Tax Benefit Regulations 2006 add —
66
Any payment of child benefit.
.
Signed by authority of the Secretary of State for Work and Pensions.
Helen Goodman
Parliamentary Under-Secretary of State,
Department for Work and Pensions
9th July 2009


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Authorities (Capital Finance and Accounting) (England) (Amendment) ( No. 2) Regulations 2009 and shall come into force on 1st October 2009.
2
These Regulations apply only in relation to local authorities in England.
Amendment of Regulations
2
The Local Authorities (Capital Finance and Accounting) (England) Regulations 2003 are amended as specified in regulation 3.
Capital receipts treated as reduced
3
In regulation 14, after paragraph (2C), insert —
2D
Paragraph (2) shall not apply to capital receipts arising from the disposal of an interest in housing land which is the subject of an agreement made under section 80B of the Local Government and Housing Act 1989
.
Signed by authority of the Secretary of State for Communities and Local Government
Bill McKenzie
Parliamentary Under Secretary of State
Department for Communities and Local Government
19th August 2009


text:
Citation and commencement
1
These Regulations may be cited as the Social Fund (Applications and Miscellaneous Provisions) Amendment Regulations 2009 and shall come into force on 14th December 2009.
Amendment of the Social Fund (Applications and Miscellaneous Provisions) Regulations 2008
2
1
The Social Fund (Applications and Miscellaneous Provisions) Regulations 2008 are amended as follows.
2
For regulation 2 (form and manner in which an application is to be made), substitute —
Form and manner in which an application for a community care grant or budgeting loan is to be made
2
An application for a payment by way of community care grant or budgeting loan under section 138(1)(b) of the Act must be made in writing —
a
on a form approved by the Secretary of State and completed in accordance with the instructions on that form; or
b
in such other manner as the Secretary of State may accept as sufficient in any particular case.
Form and manner in which an application for a crisis loan is to be made
2A
1
An application for a payment by way of crisis loan under section 138(1)(b) of the Act need not be made in writing unless the Secretary of State so requires in any particular case.
2
Where an application for a crisis loan is required to be made in writing it must be made —
a
on a form approved by the Secretary of State and completed in accordance with the instructions on that form, or
b
in such other manner as the Secretary of State may accept as sufficient in any particular case;
and the provisions of regulation 3 will then apply to that application as they apply to an application for a community care grant or budgeting loan.
3
The Secretary of State may require a person who wishes to apply for a crisis loan in respect of living expenses to attend for interview at an office of the Department for Work and Pensions and to make the application to the interviewing officer.
4
Where someone (“B”) is making the application on behalf of another person (“A”) the Secretary of State may require that B attend the interview instead of, or together with, A in order to make the application.
5
The Secretary of State must give the applicant reasonable notice of the date, time and place at which such an interview is to take place.
3
In regulation 5(2), for “not made in writing” substitute “made by telephone”.
4
In regulation 6(2)(a) and (4)(a), for “regulation 2(1) or (3)” substitute “regulation 2 or 2A(2)”.
5
In regulation 7 —
a
in paragraph (2), omit the words “Where an application for a crisis loan is not made in writing,”; and
b
in paragraph (4), for “not made in writing” substitute “made by telephone”.
Signed by authority of the Secretary of State for Work and Pensions.
Jonathan Shaw
Parliamentary Under-Secretary of State,
Department for Work and Pensions
16th November 2009


text:
Citation and commencement
1
These Regulations may be cited as the Motor Cycles Etc. (Single Vehicle Approval) (Fees) (Amendment) Regulations 2009 and come into force on 3rd May 2009.
Increases in fees
2
1
The Motor Cycles Etc. (Single Vehicle Approval) (Fees) Regulations 2003 are amended as follows.
2
In the regulations specified in column (1) of the Table, for each amount specified in column (2) substitute the amount specified in column (3).
Table
(1) (2) (3) Regulation Existing Amount (£) Substituted Amount (£)
3(1)(a) 78 85 3(1)(b) 95 104 3(1)(c) 50 55 3(2) 22 24 4(1) 16 17 6(1)(a) 78 85 6(1)(b) 95 104 6(1)(c) 50 55 6(2) 22 24 8 11 12
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
2nd April 2009


text:
1
This Order may be cited as the Defamation Act 1996 (Commencement No.4) Order 2009.
2
This Order extends to Northern Ireland only.
3
The following provisions of the Defamation Act 1996 shall come into force on 6th January 2010:
a
sections 2, 3 (apart from subsection (9)) and 4 (offer to make amends);
b
section 7 (meaning of statement);
c
sections 8 to 11 (summary disposal of claims); and
d
so far as they are not already in force, section 17(1) (interpretation), section 16 and Schedule 2 (repeals).
4
Section 4 of the Defamation Act (Northern Ireland) 1955 shall continue to apply as if it had not been repealed to any offer of amends made before 6th January 2010, and to any legal proceedings relating to that offer.
Signed by the authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under-Secretary of State
Ministry of Justice
25th October 2009


text:
PART 1 INTRODUCTORY
Citation and commencement
1
1
These Regulations may be cited as the Companies (Shareholders’ Rights) Regulations 2009.
2
They come into force on 3rd August 2009 and apply in relation to meetings of which notice is given, or first given, on or after that date.
PART 2 AMENDMENTS OF GENERAL APPLICATION
Voting on show of hands
2
1
In section 282(3) of the Companies Act 2006 (ordinary resolutions: majority required on show of hands), for the words from “a simple majority of” to the end substitute “a simple majority of the votes cast by those entitled to vote”.
2
In section 283(4) of that Act (special resolutions: majority required on show of hands), for the words from “not less than 75% of” to the end substitute “not less than 75% of the votes cast by those entitled to vote”.
3
In section 284 of that Act (votes: general rules), for subsection (2) substitute —
2
On a vote on a resolution on a show of hands at a meeting, each member present in person has one vote.
.
4
After subsection (4) of that section add —
5
Nothing in this section is to be read as restricting the effect of —
section 152 (exercise of rights by nominees),
section 285 (voting by proxy),
section 322 (exercise of voting rights on poll),
section 322A (voting on a poll: votes cast in advance), or
section 323 (representation of corporations at meetings).
.
Voting by proxy
3
For section 285 of the Companies Act 2006 (voting: specific requirements) substitute —
Voting by proxy
285
1
On a vote on a resolution on a show of hands at a meeting, every proxy present who has been duly appointed by one or more members entitled to vote on the resolution has one vote. This is subject to subsection (2).
2
On a vote on a resolution on a show of hands at a meeting, a proxy has one vote for and one vote against the resolution if —
a
the proxy has been duly appointed by more than one member entitled to vote on the resolution, and
b
the proxy has been instructed by one or more of those members to vote for the resolution and by one or more other of those members to vote against it.
3
On a poll taken at a meeting of a company all or any of the voting rights of a member may be exercised by one or more duly appointed proxies.
4
Where a member appoints more than one proxy, subsection (3) does not authorise the exercise by the proxies taken together of more extensive voting rights than could be exercised by the member in person.
5
Subsections (1) and (2) have effect subject to any provision of the company’s articles.
Voting rights on poll or written resolution
285A
In relation to a resolution required or authorised by an enactment, if a private company’s articles provide that a member has a different number of votes in relation to a resolution when it is passed as a written resolution and when it is passed on a poll taken at a meeting —
a
the provision about how many votes a member has in relation to the resolution passed on a poll is void, and
b
a member has the same number of votes in relation to the resolution when it is passed on a poll as the member has when it is passed as a written resolution.
.
Members’ power to require directors to call general meetings
4
1
Section 303 of the Companies Act 2006 (members’ power to require directors to call general meeting) is amended as follows.
2
In subsection (2)(a) and (b), for “the required percentage” substitute “5%”.
3
Omit subsection (3).
Advance voting on a poll
5
1
After section 322 of the Companies Act 2006 insert —
Voting on a poll: votes cast in advance
322A
1
A company’s articles may contain provision to the effect that on a vote on a resolution on a poll taken at a meeting, the votes may include votes cast in advance.
2
In the case of a traded company any such provision in relation to voting at a general meeting may be made subject only to such requirements and restrictions as are —
a
necessary to ensure the identification of the person voting, and
b
proportionate to the achievement of that objective.
Nothing in this subsection affects any power of a company to require reasonable evidence of the entitlement of any person who is not a member to vote.
3
Any provision of a company’s articles is void in so far as it would have the effect of requiring any document casting a vote in advance to be received by the company or another person earlier than the following time —
a
in the case of a poll taken more than 48 hours after it was demanded, 24 hours before the time appointed for the taking of the poll;
b
in the case of any other poll, 48 hours before the time for holding the meeting or adjourned meeting.
4
In calculating the periods mentioned in subsection (3), no account is to be taken of any part of a day that is not a working day.
.
2
In section 282(4) and section 283(5) of that Act (passing of ordinary or special resolution on a poll), for “in person or by proxy” substitute “in person, by proxy or in advance (see section 322A)”.
Representation of corporations at meetings
6
In section 323 of the Companies Act 2006 (representation of corporations at meetings), for subsections (2) to (4) substitute —
2
A person authorised by a corporation is entitled to exercise (on behalf of the corporation) the same powers as the corporation could exercise if it were an individual member of the company.
Where a corporation authorises more than one person, this subsection is subject to subsections (3) and (4).
3
On a vote on a resolution on a show of hands at a meeting of the company, each authorised person has the same voting rights as the corporation would be entitled to.
4
Where subsection (3) does not apply and more than one authorised person purport to exercise a power under subsection (2) in respect of the same shares —
a
if they purport to exercise the power in the same way as each other, the power is treated as exercised in that way;
b
if they do not purport to exercise the power in the same way as each other, the power is treated as not exercised.
.
Obligations of proxies
7
After section 324 of the Companies Act 2006 insert —
Obligation of proxy to vote in accordance with instructions
324A
A proxy must vote in accordance with any instructions given by the member by whom the proxy is appointed.
.
Electronic meetings and voting
8
After section 360 of the Companies Act 2006 insert —
Electronic meetings and voting
360A
1
Nothing in this Part is to be taken to preclude the holding and conducting of a meeting in such a way that persons who are not present together at the same place may by electronic means attend and speak and vote at it.
2
In the case of a traded company the use of electronic means for the purpose of enabling members to participate in a general meeting may be made subject only to such requirements and restrictions as are —
a
necessary to ensure the identification of those taking part and the security of the electronic communication, and
b
proportionate to the achievement of those objectives.
3
Nothing in subsection (2) affects any power of a company to require reasonable evidence of the entitlement of any person who is not a member to participate in the meeting.
.
PART 3 AMENDMENTS RELATING TO TRADED COMPANIES
Traded companies: notice of general meetings
9
1
In section 307 of the Companies Act 2006 (notice required of a general meeting), before subsection (1) insert —
A1
This section applies to —
a
a general meeting of a company that is not a traded company; and
b
a general meeting of a traded company that is an opted-in company (as defined by section 971(1)), where —
i
the meeting is held to decide whether to take any action that might result in the frustration of a takeover bid for the company; or
ii
the meeting is held by virtue of section 969 (power of offeror to require general meeting to be held).
A2
For corresponding provision(s) in relation to general meetings of traded companies (other than meetings within subsection (A1)(b)), see section 307A.
.
2
After that section insert —
Notice required of general meeting: certain meetings of traded companies
307A
1
A general meeting of a traded company must be called by notice of —
a
in a case where conditions A to C (set out below) are met, at least 14 days;
b
in any other case, at least 21 days.
2
Condition A is that the general meeting is not an annual general meeting.
3
Condition B is that the company offers the facility for members to vote by electronic means accessible to all members who hold shares that carry rights to vote at general meetings.
This condition is met if there is a facility, offered by the company and accessible to all such members, to appoint a proxy by means of a website.
4
Condition C is that a special resolution reducing the period of notice to not less than 14 days has been passed —
a
at the immediately preceding annual general meeting, or
b
at a general meeting held since that annual general meeting.
5
In the case of a company which has not yet held an annual general meeting, condition C is that a special resolution reducing the period of notice to not less than 14 days has been passed at a general meeting.
6
The company’s articles may require a longer period of notice than that specified in subsection (1).
7
Where a general meeting is adjourned, the adjourned meeting may be called by shorter notice than required by subsection (1).
But in the case of an adjournment for lack of a quorum this subsection applies only if —
a
no business is to be dealt with at the adjourned meeting the general nature of which was not stated in the notice of the original meeting, and
b
the adjourned meeting is to be held at least 10 days after the original meeting.
8
Nothing in this section applies in relation to a general meeting of a kind mentioned in section 307(A1)(b) (certain meetings regarding takeover of opted-in company).
.
3
In section 360(1) of the Companies Act 2006 (computation of periods of notice etc : clear day rule), after the entry relating to section 307(1) and (2) of that Act, insert —
section 307A(1), (4), (5) and (7)(b) (notice required of general meeting of traded company),
.
Traded companies: contents of notice of meeting
10
1
Section 311 of the Companies Act 2006 (contents of notices of meetings) is amended as follows.
2
In subsection (2) (notice to state general nature of business to be dealt with), for the second sentence substitute “In relation to a company other than a traded company, this subsection has effect subject to any provision of the company’s articles.”.
3
After that subsection insert —
3
Notice of a general meeting of a traded company must also include —
a
a statement giving the address of the website on which the information required by section 311A (traded companies: publication of information in advance of general meeting) is published;
b
a statement —
i
that the right to vote at the meeting is determined by reference to the register of members, and
ii
of the time when that right will be determined in accordance with section 360B(2) (traded companies: share dealings before general meetings);
c
a statement of the procedures with which members must comply in order to be able to attend and vote at the meeting (including the date by which they must comply);
d
a statement giving details of any forms to be used for the appointment of a proxy;
e
where the company offers the facility for members to vote in advance (see section 322A) or by electronic means (see section 360A), a statement of the procedure for doing so (including the date by which it must be done, and details of any forms to be used); and
f
a statement of the right of members to ask questions in accordance with section 319A (traded companies: questions at meetings).
.
Traded companies: publication of information in advance of general meeting
11
After section 311 of the Companies Act 2006 insert —
Traded companies: publication of information in advance of general meeting
311A
1
A traded company must ensure that the following information relating to a general meeting of the company is made available on a website —
a
the matters set out in the notice of the meeting;
b
the total numbers of —
i
shares in the company, and
ii
shares of each class,
in respect of which members are entitled to exercise voting rights at the meeting;
c
the totals of the voting rights that members are entitled to exercise at the meeting in respect of the shares of each class;
d
members’ statements, members’ resolutions and members’ matters of business received by the company after the first date on which notice of the meeting is given.
2
The information must be made available on a website that —
a
is maintained by or on behalf of the company, and
b
identifies the company.
3
Access to the information on the website, and the ability to obtain a hard copy of the information from the website, must not be conditional on payment of a fee or otherwise restricted.
4
The information —
a
must be made available —
i
in the case of information required by subsection (1)(a) to (c), on or before the first date on which notice of the meeting is given, and
ii
in the case of information required by subsection (1)(d), as soon as reasonably practicable, and
b
must be kept available throughout the period of two years beginning with the date on which it is first made available on a website in accordance with this section.
5
A failure to make information available throughout the period specified in subsection (4)(b) is disregarded if —
a
the information is made available on the website for part of that period, and
b
the failure is wholly attributable to circumstances that it would not be reasonable to have expected the company to prevent or avoid.
6
The amounts mentioned in subsection (1)(b) and (c) must be ascertained at the latest practicable time before the first date on which notice of the meeting is given.
7
Failure to comply with this section does not affect the validity of the meeting or of anything done at the meeting.
8
If this section is not complied with as respects any meeting, an offence is committed by every officer of the company who is in default.
9
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
.
Traded companies: questions at meetings
12
1
After section 319 of the Companies Act 2006 insert —
Traded companies: questions at meetings
319A
1
At a general meeting of a traded company, the company must cause to be answered any question relating to the business being dealt with at the meeting put by a member attending the meeting.
2
No such answer need be given —
a
if to do so would —
i
interfere unduly with the preparation for the meeting, or
ii
involve the disclosure of confidential information;
b
if the answer has already been given on a website in the form of an answer to a question; or
c
if it is undesirable in the interests of the company or the good order of the meeting that the question be answered.
.
2
In section 145(3) of the Companies Act 2006 (effect of provision of articles as to enjoyment or exercise of members’ rights), after paragraph (e) insert —
ea
section 319A (right to ask question at meeting of traded company);
.
Traded companies: appointment of proxy and termination of proxy’s authority
13
1
In section 327 of the Companies Act 2006 (notice required of appointment of proxy etc), before subsection (1) insert —
A1
In the case of a traded company —
a
the appointment of a person as proxy for a member must be notified to the company in writing;
b
where such an appointment is made, the company may require reasonable evidence of —
i
the identity of the member and of the proxy,
ii
the member’s instructions (if any) as to how the proxy is to vote, and
iii
where the proxy is appointed by a person acting on behalf of the member, authority of that person to make the appointment;
but may not require to be provided with anything else relating to the appointment.
.
2
In subsection (1) of that section, for “This section applies to” substitute “The following provisions apply in the case of traded companies and other companies as regards”.
3
In section 330 of that Act (notice required of termination of proxy’s authority) —
a
before subsection (1) insert —
A1
In the case of a traded company the termination of the authority of a person to act as proxy must be notified to the company in writing.
;
b
in subsection (1) for “This section applies to” substitute “The following provisions apply in the case of traded companies and other companies as regards”.
4
After section 333 of that Act insert —
Traded company: duty to provide electronic address for receipt of proxies etc
333A
1
A traded company must provide an electronic address for the receipt of any document or information relating to proxies for a general meeting.
2
The company must provide the address either —
a
by giving it when sending out an instrument of proxy for the purposes of the meeting or issuing an invitation to appoint a proxy for those purposes; or
b
by ensuring that it is made available, throughout the period beginning with the first date on which notice of the meeting is given and ending with the conclusion of the meeting, on the website on which the information required by section 311A(1) is made available.
3
The company is deemed to have agreed that any document or information relating to proxies for the meeting may be sent by electronic means to the address provided (subject to any limitations specified by the company when providing the address).
4
In this section —
a
documents relating to proxies include —
i
the appointment of a proxy for a meeting,
ii
any document necessary to show the validity of, or otherwise relating to, the appointment of a proxy, and
iii
notice of the termination of the authority of a proxy;
b
“electronic address” has the meaning given by section 333(4).
.
Traded companies: class meetings
14
1
Section 334 of the Companies Act 2006 (application of provisions as to resolutions at general meetings in relation to class meetings) is amended as follows.
2
In subsection (1), for “(2) and (3)” substitute “(2) to (3)”.
3
In subsection (2) —
a
omit the “and” at the end of paragraph (a);
b
after paragraph (b) insert —
, and
c
sections 311(3), 311A, 319A, 327(A1), 330(A1) and 333A (additional requirements relating to traded companies).
.
4
After subsection (2) insert —
2A
Section 307(1) to (6) apply in relation to a meeting of holders of a class of shares in a traded company as they apply in relation to a meeting of holders of a class of shares in a company other than a traded company (and, accordingly, section 307A does not apply in relation to such a meeting).
.
Traded companies: duty to hold AGM
15
1
Section 336 of the Companies Act 2006 (public companies: annual general meeting) is amended as follows.
2
After subsection (1) insert —
1A
Every private company that is a traded company must hold a general meeting as its annual general meeting in each period of 9 months beginning with the day following its accounting reference date (in addition to any other meetings held during that period).
.
3
In subsections (2) and (3), after “subsection (1)” in each place in which it occurs insert “or (1A)”.
4
In the section heading, after “Public companies” insert “and traded companies”.
5
In the heading to Chapter 4 of Part 13 of the Companies Act 2006 (public companies: additional requirements for AGMs), after “PUBLIC COMPANIES” insert “AND TRADED COMPANIES”.
Traded companies: notice of AGM
16
1
Section 337 of the Companies Act 2006 (public companies: notice of AGM) is amended as follows.
2
In subsection (1) (notice to state that meeting is AGM), after “public company” insert “or a private company that is a traded company”.
3
In subsection (2), after “annual general meeting” insert “of a public company that is not a traded company”.
4
After that subsection insert —
3
Where a notice calling an annual general meeting of a traded company is given more than 6 weeks before the meeting, the notice must include —
a
if the company is a public company, a statement of the right under section 338 to require the company to give notice of a resolution to be moved at the meeting, and
b
whether or not the company is a public company, a statement of the right under section 338A to require the company to include a matter in the business to be dealt with at the meeting.
.
5
In the section heading, after “Public companies” insert “and traded companies”.
6
In section 360 of the Companies Act 2006 (computation of periods of notice etc: clear day rule), after the entry relating to section 316(2)(b), insert —
section 337(3) (contents of notice of AGM of traded company),
.
Traded companies: members’ power to include other matters in business dealt with at AGM
17
1
After section 338 of the Companies Act 2006 insert —
Traded companies: members’ power to include other matters in business dealt with at AGM
338A
1
The members of a traded company may request the company to include in the business to be dealt with at an annual general meeting any matter (other than a proposed resolution) which may properly be included in the business.
2
A matter may properly be included in the business at an annual general meeting unless –
a
it is defamatory of any person, or
b
it is frivolous or vexatious.
3
A company is required to include such a matter once it has received requests that it do so from —
a
members representing at least 5% of the total voting rights of all the members who have a right to vote at the meeting, or
b
at least 100 members who have a right to vote at the meeting and hold shares in the company on which there has been paid up an average sum, per member, of at least £100.
See also section 153 (exercise of rights where shares held on behalf of others).
4
A request —
a
may be in hard copy form or in electronic form,
b
must identify the matter to be included in the business,
c
must be accompanied by a statement setting out the grounds for the request, and
d
must be authenticated by the person or persons making it.
5
A request must be received by the company not later than —
a
6 weeks before the meeting, or
b
if later, the time at which notice is given of the meeting.
.
2
In section 145(3) of the Companies Act 2006 (effect of provision of articles as to enjoyment or exercise of members’ rights), after paragraph (g) insert —
ga
section 338A (traded companies: members’ power to include matters in business dealt with at AGM);
.
3
In section 153(1) of the Companies Act 2006 (exercise of rights where shares held on behalf of others: members’ requests), after paragraph (b) insert —
ba
section 338A (traded companies: members’ power to include matters in business dealt with at AGM),
.
4
In section 360(1) of the Companies Act 2006 (computation of periods of notice etc: clear day rule), after the entry relating to section 338(4)(d)(i) insert —
section 338A(5) (request to include matter in the business to be dealt with at AGM of traded company),
.
Traded companies: company’s duty to circulate members’ matters for AGM
18
1
After section 340 of the Companies Act 2006 insert —
Traded companies: duty to circulate members’ matters for AGM
340A
1
A company that is required under section 338A to include any matter in the business to be dealt with at an annual general meeting must —
a
give notice of it to each member of the company entitled to receive notice of the annual general meeting —
i
in the same manner as notice of the meeting, and
ii
at the same time as, or as soon as reasonably practicable after, it gives notice of the meeting, and
b
publish it on the same website as that on which the company published the information required by section 311A.
2
Subsection (1) has effect subject to section 340B(2) (deposit or tender of sum in respect of expenses of circulation).
3
In the event of default in complying with this section, an offence is committed by every officer of the company who is in default.
4
A person guilty of an offence under this section is liable —
a
on conviction on indictment, to a fine;
b
on summary conviction, to a fine not exceeding the statutory maximum.
Traded companies: expenses of circulating members’ matters to be dealt with at AGM
340B
1
The expenses of the company in complying with section 340A need not be paid by the members who requested the inclusion of the matter in the business to be dealt with at the annual general meeting if requests sufficient to require the company to include the matter are received before the end of the financial year preceding the meeting.
2
Otherwise —
a
the expenses of the company in complying with that section must be paid by the members who requested the inclusion of the matter unless the company resolves otherwise, and
b
unless the company has previously so resolved, it is not bound to comply with that section unless there is deposited with or tendered to it, not later than —
i
six weeks before the annual general meeting to which the requests relate, or
ii
if later, the time at which notice is given of that meeting,
a sum reasonably sufficient to meet its expenses in complying with that section.
.
2
In section 360(1) of the Companies Act 2006 (computation of periods of notice etc: clear day rule), omit the “and” before the entry relating to section 340(2)(b)(i) and after that entry insert —
, and
section 340B(2)(b) (traded companies: duty to circulate members’ matters for AGM).
.
Traded companies: website publication of poll results
19
1
Section 341 of the Companies Act 2006 (quoted companies: results of polls to be made available on website) is amended as follows.
2
In subsection (1), after “quoted company” insert “that is not a traded company”.
3
After subsection (1) insert —
1A
Where a poll is taken at a general meeting of a traded company, the company must ensure that the following information is made available on a website —
a
the date of the meeting,
b
the text of the resolution or, as the case may be, a description of the subject matter of the poll,
c
the number of votes validly cast,
d
the proportion of the company’s issued share capital (determined at the time at which the right to vote is determined under section 360B(2)) represented by those votes,
e
the number of votes cast in favour,
f
the number of votes cast against, and
g
the number of abstentions (if counted).
1B
A traded company must comply with subsection (1A) by —
a
the end of 16 days beginning with the day of the meeting, or
b
if later, the end of the first working day after the day on which the result of the poll is declared.
.
4
In section 352 of that Act (application of provisions to class meetings), for subsection (1) substitute —
1
The provisions of section 341 (results of poll to be made available on website) apply (with any necessary modifications) in relation to a meeting of holders of a class of shares of a quoted company or traded company in connection with the variation of the rights attached to such shares as they apply in relation to a general meeting of the company.
1A
The provisions of section 342 to 351 (independent report on poll) apply (with any necessary modifications) in relation to a meeting of holders of a class of shares of a quoted company in connection with the variation of the rights attached to such shares as they apply in relation to a general meeting of the company.
.
5
In the heading for Chapter 5 of Part 13, after “QUOTED COMPANIES” insert “AND TRADED COMPANIES”.
Traded companies: share dealings before general meetings
20
After section 360A of the Companies Act 2006 insert —
Traded companies: requirements for participating in and voting at general meetings
360B
1
Any provision of a traded company’s articles is void in so far as it would have the effect of —
a
imposing a restriction on a right of a member to participate in and vote at a general meeting of the company unless the member’s shares have (after having been acquired by the member and before the meeting) been deposited with, or transferred to, or registered in the name of another person, or
b
imposing a restriction on the right of a member to transfer shares in the company during the period of 48 hours before the time for the holding of a general meeting of the company if that right would not otherwise be subject to that restriction.
2
A traded company must determine the right to vote at a general meeting of the company by reference to the register of members as at a time (determined by the company) that is not more than 48 hours before the time for the holding of the meeting.
3
In calculating the period mentioned in subsection (1)(b) or (2), no account is to be taken of any part of a day that is not a working day.
4
Nothing in this section affects —
a
the operation of —
i
Part 22 of this Act (information about interests in a company’s shares),
ii
Part 15 of the Companies Act 1985 (orders imposing restrictions on shares), or
iii
any provision in a company’s articles relating to the application of any provision of either of those Parts; or
b
the validity of articles prescribed, or to the same effect as articles prescribed, under section 19 of this Act (power of Secretary of State to prescribe model articles).
.
Meaning of “traded company”
21
1
After section 360B of the Companies Act 2006 insert —
Meaning of “traded company”
360C
In this Part, “traded company” means a company any shares of which —
a
carry rights to vote at general meetings, and
b
are admitted to trading on a regulated market in an EEA State by or with the consent of the company.
.
2
In Schedule 8 to the Companies Act 2006 (index of defined expressions), at the appropriate place, insert —
traded company (in Part 13) section 360C
.
Traded companies: disapplication of saving for casting votes
22
In paragraph 23A of Schedule 3 to the Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (saving for provisions of a company’s articles giving the chairman a second or casting vote in the event of an equality of votes on an ordinary resolution), at the end insert —
4
Nothing in this paragraph applies in relation to a traded company (as defined by section 360C of the Companies Act 2006).
.
Transitional provisions
23
In section 307A(4) and (5) of the Companies Act 2006, references to annual general meetings and general meetings include ones held before 3 August 2009.
Ian Lucas
Minister for Business and Regulatory Reform,
Department for Business, Innovation and Skills
2nd July 2009


text:
Citation, commencement and application
1
1
This Order may be cited as the Housing (Replacement of Terminated Tenancies) (Successor Landlords) (England) Order 2009 and shall come into force on the day after it is made.
2
This Order applies in relation to dwelling-houses in England only.
Replacement of terminated tenancies: successor landlord cases
2
Part 2 of Schedule 11 to the Housing and Regeneration Act 2008 (replacement of certain terminated tenancies) shall apply, subject to the modifications specified in articles 3 to 7, to successor landlord cases .
Circumstances in which replacement tenancies arise
3
Paragraph 16 (circumstances in which replacement tenancies arise) applies as if in sub-paragraph (1) —
a
for “ex-landlord”, in the first and second places where that word occurs, “successor landlord” were substituted; and
b
for paragraph (b) there were substituted —
b
the ex-tenant has not entered into another tenancy with —
i
the successor landlord, or
ii
any initial transferee or subsequent transferee who is not the successor landlord,
after the date on which the original tenancy ended but before the commencement date.
.
Nature of replacement tenancies
4
Paragraph 17 applies as if there were substituted for it —
17
The new tenancy is to be —
a
a secure tenancy if —
i
the original tenancy was —
aa
a secure tenancy,
bb
an assured tenancy (whether or not an assured shorthold tenancy),
cc
an introductory tenancy, or
dd
a demoted tenancy,
ii
the new tenancy satisfies the conditions for a secure tenancy in accordance with Part IV of the Housing Act 1985 ,
iii
the new tenancy is one which, by virtue of subsection (2) of section 1 of the Housing Act 1988 , cannot be an assured tenancy,
iv
where the original tenancy was an assured shorthold tenancy or an introductory tenancy, no election by the successor landlord under section 124 of the Housing Act 1996 is in force on the day on which the new tenancy arises, and
v
where the original tenancy was a demoted tenancy, the successor landlord is not a person entitled to apply for an order of the court under section 82A of the Housing Act 1985 (a demotion order) ,
b
an assured shorthold tenancy if —
i
the original tenancy was —
aa
an assured shorthold tenancy,
bb
an introductory tenancy, or
cc
a demoted tenancy ,
ii
the new tenancy is not one which, by virtue of subsection (2) of section 1 of the Housing Act 1988, cannot be an assured tenancy,
iii
the new tenancy is not one which falls within any paragraph of Schedule 2A to the Housing Act 1988 ,
iv
the new tenancy does not satisfy the conditions for a secure tenancy in accordance with Part IV of the Housing Act 1985, and
v
where the original tenancy was a demoted tenancy, the successor landlord is not a registered social landlord,
c
an assured tenancy which is not an assured shorthold tenancy if —
i
the original tenancy was —
aa
an assured tenancy which was not an assured shorthold tenancy, or
bb
a secure tenancy,
ii
the new tenancy is not one which, by virtue of subsection (2) of section 1 of the Housing Act 1988, cannot be an assured tenancy, and
iii
the new tenancy does not satisfy the conditions for a secure tenancy in accordance with Part IV of the Housing Act 1985,
d
an introductory tenancy if —
i
the original tenancy was —
aa
an introductory tenancy, or
bb
an assured shorthold tenancy,
ii
the new tenancy is one which, by virtue of subsection (2) of section 1 of the Housing Act 1988, cannot be an assured tenancy,
iii
an election by the successor landlord under section 124 of the Housing Act 1996 is in force on the day on which the new tenancy arises, and
iv
but for that election, the new tenancy would be a secure tenancy because it satisfies the conditions for a secure tenancy in accordance with Part IV of the Housing Act 1985,
e
a demoted tenancy to which section 20B of the Housing Act 1988 applies if —
i
the original tenancy was a demoted tenancy, and
ii
the successor landlord is a registered social landlord, or
f
a demoted tenancy to which section 143A of the Housing Act 1996 applies if —
i
the original tenancy was a demoted tenancy, and
ii
the new tenancy satisfies the first and second conditions in section 143A of the Housing Act 1996.
.
Nature of replacement tenancies – further provisions
5
Paragraph 18 applies as if —
a
in sub-paragraph (3) for “ex-landlord” there were substituted “successor landlord”; and
b
for sub-paragraph (6) there were substituted —
6
The terms and conditions of a new secure tenancy which arises by virtue of paragraph 17(a), where the original tenancy was —
a
an assured tenancy,
b
an introductory tenancy, or
c
a demoted tenancy
are to be treated as modified so far as necessary to reflect the fact that the new tenancy is a secure tenancy and not an assured tenancy, an introductory tenancy or a demoted tenancy (as the case may be).
7
The terms and conditions of a new assured shorthold tenancy which arises by virtue of paragraph 17(b), where the original tenancy was —
a
an introductory tenancy, or
b
a demoted tenancy,
are to be treated as modified so far as necessary to reflect the fact that the new tenancy is an assured shorthold tenancy and not an introductory tenancy or a demoted tenancy (as the case may be).
8
The terms and conditions of a new assured tenancy which arises by virtue of paragraph 17(c), where the original tenancy was a secure tenancy, are to be treated as modified so far as necessary to reflect the fact that the new tenancy is an assured tenancy and not a secure tenancy.
9
The terms and conditions of a new introductory tenancy which arises by virtue of paragraph 17(d), where the original tenancy was an assured shorthold tenancy, are to be treated as modified so far as necessary to reflect the fact that the new tenancy is an introductory tenancy and not an assured shorthold tenancy.
10
The terms and conditions of a new demoted tenancy which arises by virtue of paragraph 17(e), where the original tenancy was a demoted tenancy to which section 143A of the Housing Act 1996 applied, are to be treated as modified so far as necessary to reflect the fact that the new tenancy is a demoted tenancy to which section 20B of the Housing Act 1988 applies and not a demoted tenancy to which section 143A of the Housing Act 1996 applies.
11
The terms and conditions of a new demoted tenancy which arises by virtue of paragraph 17(f), where the original tenancy was a demoted tenancy to which section 20B of the Housing Act 1988 applied, are to be treated as modified so far as necessary to reflect the fact that the new tenancy is a demoted tenancy to which section 143A of the Housing Act 1996 applies and not a demoted tenancy to which section 20B of the Housing Act 1988 applies.
.
Continuity of tenancies
6
Paragraph 21 (continuity of tenancies) applies as if —
a
paragraph (a) of sub-paragraph (2) were omitted;
b
after sub-paragraph (2) there were inserted —
2A
Where the ex-tenant was a successor in relation to the original tenancy, the ex-tenant shall be treated as a successor in relation to the new tenancy.
; and
c
for sub-paragraphs (3) to (5) there were substituted —
3
In proceedings on a claim of a description specified in sub-paragraph (7), the court concerned may order that, for the purposes of the claim, the original tenancy is to be treated as having continued during the termination period until the relevant interest was transferred to the initial transferee.
4
In proceedings on a claim of a description specified in sub-paragraph (8), the court concerned may order that, for the purposes of the claim, the original tenancy is to be treated as having continued during the termination period until the relevant interest was transferred to the successor landlord.
5
In proceedings on a claim of a description specified in sub-paragraph (9), the court concerned may order that, for the purposes of the claim, the new tenancy is to be treated as having commenced when the relevant interest was transferred to the successor landlord.
6
In proceedings on a claim of a description specified in sub-paragraph (8) together with a claim of a description specified in sub-paragraph (9), where those claims relate to the same alleged breach, the court concerned may order that, for the purposes of the claims, the original tenancy and the new tenancy are to be treated as —
a
the same tenancy, and
b
a tenancy which continued uninterrupted throughout the termination period.
7
The following are claims specified for the purposes of sub-paragraph (3) —
a
a claim by the ex-tenant or the ex-landlord against the other for breach of a term or condition of the original tenancy —
i
in respect of which proceedings are brought on or after the commencement date, or
ii
in respect of which proceedings were brought, but were not finally determined, before that date, and
b
a claim by the ex-tenant against the ex-landlord for breach of statutory duty —
i
where the alleged breach occurred before the relevant interest was transferred to the initial transferee, and
ii
in respect of which proceedings are or were brought as mentioned in paragraph (a)(i) or (ii).
8
Where any rights or liabilities in relation to the original tenancy were transferred to the successor landlord, the following is a claim specified for the purposes of sub-paragraph (4): a claim by the ex-tenant or the successor landlord against the other for breach of a term or condition of the original tenancy in respect of which proceedings are or were brought as mentioned in sub-paragraph (7)(a)(i) or (ii).
9
The following are claims specified for the purposes of sub-paragraph (5) —
a
a claim by the ex-tenant or the successor landlord against the other for breach of a term or condition of the new tenancy, and
b
a claim by the ex-tenant against the successor landlord for breach of statutory duty, where the alleged breach occurred after the relevant interest was transferred to the successor landlord,
in respect of which proceedings are or were brought as mentioned in sub-paragraph (7)(a)(i) or (ii).
10
For the purposes of sub-paragraphs (7) to (9) proceedings must be treated as finally determined if —
a
they are withdrawn,
b
any appeal is abandoned, or
c
the time for appealing has expired without an appeal being brought.
.
Interpretation
7
Sub-paragraph (1) of paragraph 26 (supplementary) applies as if —
a
after the definition of “ex-tenant” there were inserted —
“initial transferee” means the person to whom the relevant interest was transferred by the ex-landlord after the end of the original tenancy and before the commencement date,
;
b
after the definition of “possession order” there were inserted —
“registered social landlord” has the same meaning as in Part 1 of the Housing Act 1996,
“relevant interest” means the interest of the ex-landlord in the dwelling-house which was let under an original tenancy,
;
c
after the definition of “secure tenancy” there were inserted —
“subsequent transferee” means any person to whom, before the commencement date, the relevant interest was transferred after the transfer from the ex-landlord to the initial transferee,
;
d
in the definition of “successor” —
i
after ““successor”” there were inserted “, except in the expression “successor landlord””;
ii
for “a new tenancy which is”, in each place where those words occur, there were substituted “an original tenancy which was, or a new tenancy which is,”; and
iii
in paragraph (a), for “or which is a demoted tenancy” there were substituted “, or in relation to an original tenancy which was, or a new tenancy which is, a demoted tenancy”; and
e
after the definition of “successor” there were inserted —
“successor landlord” means the initial transferee, or, as the case may be, a subsequent transferee, to whom the relevant interest belongs on the commencement date,
.
Signed by authority of the Secretary of State for Communities and Local Government
Iain Wright
Parliamentary Under Secretary of State
Department for Communities and Local Government
19th May 2009


text:
Citation, commencement and effect
1
1
This Order may be cited as the Income Tax Act 2007 (Amendment) Order 2009 and shall come into force on 3rd February 2009.
2
This Order has effect —
a
for income tax and capital gains tax purposes, for the tax year 2007-08 and subsequent tax years, and
b
for corporation tax purposes, for accounting periods ending after 5th April 2007.
Amendment of the Income and Corporation Taxes Act 1988
2
1
Section 469 of the Income and Corporation Taxes Act 1988 (other unit trusts) is amended as follows.
2
In subsection (1) for “neither an authorised unit trust nor an umbrella scheme” substitute “an unauthorised unit trust within the meaning of section 989 of ITA 2007”.
3
In subsection (2) after “unit holders)” insert “; and the trustees (and not the unit holders) shall be regarded as the persons to or on whom allowances or charges are to be made under the provisions of those Acts relating to relief for capital expenditure”.
4
Omit subsection (6A) .
Amendment of the Taxation of Chargeable Gains Act 1992
3
In section 256 of the Taxation of Chargeable Gains Act 1992 (charities) after subsection (5) insert —
6
In subsections (3) and (4) of this section, and in sections 256A and 256B, “charitable trust” has the same meaning as in Part 10 of ITA 2007 (see section 519 of that Act).
.
Amendment of the Finance Act 1994
4
In section 113 of the Finance Act 1994 (umbrella schemes) omit subsection (3).
Amendment of the Income Tax Act 2007
5
1
The Income Tax Act 2007 is amended as follows.
2
After section 504 insert —
Treatment of capital expenditure of unauthorised unit trust
504A
1
This section applies for income tax purposes in relation to an unauthorised unit trust if the trustees are UK resident.
2
The trustees (and not the unit holders) are treated as the persons to or on whom an allowance or charge is to be made under any provision relating to relief for capital expenditure.
.
3
In section 821 (meaning of “relevant disregarded income”) —
a
in subsection (3) for “subsection (4)” substitute “subsection (5)”;
b
in subsection (4) for “subsections (2) and (3)” substitute “subsection (2)”; and
c
after subsection (4) insert —
5
The transactions referred to in subsection (3) are transactions —
a
carried out by the investment manager on the non‑UK resident company’s behalf, and
b
in relation to which the investment manager does not fall to be treated as a permanent establishment of the non‑UK resident company, ignoring the requirements of the 20% rule.
.
4
In section 904(2)(a) (annual payments for dividends or non-taxable consideration) after “ ITTOIA 2005” insert “otherwise than as relevant foreign income”.
5
In section 1007 (meaning of “unit trust scheme”) for subsection (2) substitute —
2
The Treasury may, in relation to a unit trust scheme within the meaning given by section 237 of FISMA 2000 whose trustees are UK resident, by regulations provide that the scheme is not to be a unit trust scheme for the purposes of the definition in section 989 of “unauthorised unit trust” if it is within a specified description.
.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
12th January 2009


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Accounts and Audit (Amendment) (England) Regulations 2009 and shall, save for regulation 5, come into force on 31st March 2009.
2
Regulation 5 shall come into force on 1st April 2009, and shall have effect in relation to accounts for the year beginning on that date and for subsequent years.
3
These Regulations apply in relation to England only .
Amendment of the Accounts and Audit Regulations 2003
2
The Accounts and Audit Regulations 2003 are amended as set out in regulations 3 to 8.
Interpretation and application
3
In regulation 2(1) (interpretation and application) omit the words “, other than parish councils subject to any of the duties under Part 1 of the Local Government Act 1999 (best value authorities),” from the definition of “smaller relevant body”.
Internal drainage boards
4
After regulation 7A (passenger transport executives) insert the following regulation —
Internal drainage boards
7B
For each year ending on or after 31st March 2009, an internal drainage board shall charge to a revenue account an amount equal to the retirement benefits payments and contributions to pension funds which are payable for that year in accordance with —
a
the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007 ; and
b
the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000 or the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2006 .
.
Signing and approval of statements of accounts
5
In regulation 10 (signing and approval of statements of accounts etc ) for paragraph (2) substitute —
2
Before the approval referred to in paragraphs (3) and (4) is given, the responsible financial officer of a relevant body shall —
a
in the case of a smaller relevant body which has prepared a record of receipts and payments, sign and date that record, and certify that it properly presents that body’s receipts and payments for the year to which the record relates;
b
in the case of any other smaller relevant body, sign and date the income and expenditure account and statement of balances, and certify that they present fairly the financial position of the body at the end of the year to which they relate and that body’s income and expenditure for that year;
c
in the case of any other relevant body, sign and date the statement of accounts, and certify that it presents a true and fair view of the financial position of the body at the end of the year to which it relates and of that body’s income and expenditure for that year.
.
Publication of income and expenditure account and receipts and payments
6
In regulation 12(1) (publication of income and expenditure account and receipts and payments) omit the words “of that meeting”.
Written notice of proposed objection
7
In regulation 17 (written notice of proposed objection) —
a
omit “proposed” from the heading; and
b
in paragraph (1) —
i
for “a proposed” substitute “an”; and
ii
for “proposes to rely” substitute “relies”.
Extraordinary audit
8
In regulation 21 (extraordinary audit) omit the words “attend before the auditor and”.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
3rd March 2009


text:
Citation and commencement
1
This Order may be cited as the Aerodromes (Designation) (Chargeable Air Services) (Revocation) Order 2009 and comes into force on 1st April 2009.
Revocation
2
The Aerodromes (Designation) (Chargeable Air Services) Order 2001 and the Aerodromes (Designation) (Chargeable Air Services) (Amendment) Order 2008 are revoked.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
30th January 2009


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Workmen’s Compensation (Supplementation) (Amendment) Scheme 2009 and shall come into force on 8th April 2009.
2
In this Scheme —
“lesser incapacity allowance” means the allowance payable in accordance with article 5 of the principal Scheme;
“operative date” means 8th April 2009;
“principal Scheme” means the Workmen’s Compensation (Supplementation) Scheme 1982 .
Amendment of article 5 of the principal Scheme
2
In article 5(2) (lesser incapacity allowances under scheme) of the principal Scheme, for “9th April 2008” substitute “8th April 2009”.
Substitution of Schedule 1 to the principal Scheme
3
For Schedule 1 (table of rates) to the principal Scheme substitute the following —
SCHEDULE 1
Article 5
PART 1 TABLE OF RATES OF LESSER INCAPACITY ALLOWANCE FOR BENEFICIARIES TO WHOM ARTICLE 5(2) APPLIES
Rate of lesser incapacity allowance from 9th April 2008 to 7th April 2009 Rate of lesser incapacity allowance from 8th April 2009
£ £ 4.20 4.40 11.35 11.90 19.05 20.00 27.60 29.00 39.70 41.70 50.55 53.10
PART 2 TABLE OF LOSS OF EARNINGS AND CORRESPONDING RATES OF LESSER INCAPACITY ALLOWANCE
Loss of earnings Rate of lesser incapacity allowance
£ £ 14.40 4.40 31.50 11.90 48.85 20.00 57.65 29.00 70.35 41.70 Over 70.35 53.10
Transitional Provision
4
1
Where a beneficiary was, before the operative date, in receipt of lesser incapacity allowance and the final calculation of loss of earnings required by article 7(2) of the principal Scheme had not been made in respect of the beneficiary by that date, the beneficiary is treated as entitled, from that date, to an allowance at the same rate as if the final calculation had been made before that date.
2
Where lesser incapacity allowance is payable for a period before the operative date and the claim for the allowance was either —
a
not made before the operative date and the allowance is awarded for a period beginning on or after that date at one of the rates shown in the second column of Part 2 of Schedule 1 to the principal Scheme (as amended by this Scheme); or
b
made but not determined before the operative date,
the rate payable in respect of the period before the operative date is that which would have been payable had the amendment to the principal Scheme made by article 3 of this Scheme not been made.
3
Where a lesser incapacity allowance has been awarded before the operative date and a question arises as to the weekly rate payable in consequence of this Scheme —
a
the case shall be reconsidered in the light of the amendments made by, and transitional provisions contained in, this Scheme; and
b
the allowance continues to be payable at the weekly rate specified in the award until the question has been determined in accordance with the provisions of the principal Scheme.
Signed by authority of the Secretary of State for Work and Pensions
Rosie Winteron.
Minister of State
Department of Work and Pensions
10th March 2009
We consent,
Frank Roy
Tony Cunningham.
Two of the Lords Commissioners of Her Majesty’s Treasury
12th March 2009