text:
Citation and commencement
1
1
This Order may be cited as the Isles of Scilly Inshore Fisheries and Conservation Order 2010.
2
This Order comes into force on 1st October 2010.
Interpretation
2
1
In this Order —
“the Marine Act ” means the Marine and Coastal Access Act 2009;
“additional member” is to be read in accordance with article 5(2)(c) ;
“ the Authority ” means the Isles of Scilly Inshore Fisheries and Conservation Authority (see article 4 );
“chair” means the chair of the Authority (see article 7 );
“council member” is to be read in accordance with article 5(2)(a) ;
“general member” is to be read in accordance with article 5(2)(b) ;
“relevant appointing body”, in relation to a person, means the body that appointed the person as a member of the Authority;
“vice-chair” is to be read in accordance with article 14 (1).
2
Expressions used in this Order and in Chapter 1 of Part 6 of the Marine Act have the same meaning in this Order as they have in that Chapter.
The Isles of Scilly Inshore Fisheries and Conservation District
3
1
There is to be an inshore fisheries and conservation district known as the Isles of Scilly Inshore Fisheries and Conservation District (“the district”).
2
The district is the area that consists of —
a
the area of the Council of the Isles of Scilly; and
b
so much of the sea adjacent to that area as lies to a distance of 6 nautical miles from the 1983 baselines (see paragraph (3)).
3
In paragraph (2) —
a
“the 1983 baselines” means the baselines for the measurement of the breadth of the territorial sea of the United Kingdom as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964 ; and
b
“ nautical mile ” means an international nautical mile of 1,852 metres.
The Isles of Scilly Inshore Fisheries and Conservation Authority
4
The inshore fisheries and conservation authority for the district is to be known as the Isles of Scilly Inshore Fisheries and Conservation Authority.
Membership of the Authority
5
1
The Authority is to consist of 8 members.
2
Of those 8 members —
a
3 (the “council members”) must be members of the Council of the Isles of Scilly .
b
4 (the “general members”) must be persons appointed by the MMO , and must include at least one employee of the MMO; and
c
1 (the “additional member”) must be a person appointed by Natural England .
Terms of appointment
6
1
A person appointed as a member of the Authority holds and vacates office in accordance with the terms of the appointment.
2
The terms of appointment of a member are such as the body making the appointment determines.
3
Paragraph (1) is subject to articles 9 to 11 .
Appointment of Chair
7
1
The Authority must appoint from among its members a person to be the chair of the Authority.
2
Paragraph (1) is subject to articles 8(6) and 14(5) (eligibility for re-appointment).
3
The Authority must appoint the chair at the first meeting of the Authority held after the beginning of each financial year.
4
The chair holds office for the period beginning with the meeting at which the chair is appointed and ending with the first meeting of the Authority held after the beginning of the following financial year, but this is subject to articles 8 to 11 .
Removal of Chair
8
1
The Authority may remove a person from the office of chair if the condition in paragraph (2) is met.
2
The condition is that the Authority considers that the person is failing, or has failed, to discharge the duties of the chair in accordance with the requirements of —
a
the Marine Act;
b
this Order; or
c
any standing orders made by the Authority.
3
If a person is removed from the office of chair under this article, the Authority must appoint another person from among its members to the office of chair.
4
Paragraph (3) is subject to paragraph (6) and article 14(5) .
5
The person so appointed —
a
takes office on being appointed; and
b
holds office for the remainder of the period specified in article 7(4) ,
but paragraph (b) is subject to the further application of this article and to articles 9 to 11 .
6
A person who has been removed from the office of chair under this article is not eligible to be re-appointed as chair.
Resignation from office
9
1
A person may resign as a member of the Authority by giving notice in writing to —
a
the Authority; and
b
the relevant appointing body.
2
A person appointed as chair may resign from the office of chair by giving notice in writing to the Authority.
3
The Authority must appoint a person from among its members to the office of chair where —
a
a person who resigns as a member is the chair; or
b
a person appointed as chair resigns from the office of chair.
4
Paragraph (3) is subject to articles 8(6) and 14(5) .
5
The person so appointed —
a
takes office on being appointed; and
b
holds office for the remainder of the period specified in article 7(4) ,
but paragraph (b) is subject to the further application of this article and to articles 8 , 10 and 11 .
Suspension of membership
10
1
The Authority or the relevant appointing body may suspend the appointment of any member against whom criminal proceedings are commenced.
2
Where —
a
the member is acquitted of the offence; or
b
the proceedings are discontinued or withdrawn,
the suspension ends on the acquittal, discontinuance or withdrawal.
3
If the member is the chair, the member is also suspended as chair for the period of the suspension of membership.
4
A council member whose membership of the Council of the Isles of Scilly is suspended is, for the period of that suspension, also suspended —
a
as a member of the Authority; and
b
if the council member is the chair, as chair.
Termination of membership
11
1
A person’s appointment as a member of the Authority ceases in any of the following circumstances —
a
the person is convicted of an offence under fisheries legislation, nature conservation legislation or marine licensing legislation;
b
a monetary penalty is imposed on the person under fisheries legislation, nature conservation legislation or marine licensing legislation;
c
the person is a council member and ceases to be a member of the Council of the Isles of Scilly.
2
The Authority may terminate the appointment of a person as a member if the person is convicted of a criminal offence other than one under fisheries legislation, nature conservation legislation or marine licensing legislation.
3
The Authority must appoint a person from among its members to the office of chair where —
a
a person whose membership ceases under this article is the chair; or
b
a person whose membership ceases under the terms of the person’s appointment is the chair.
4
Paragraph (3) is subject to articles 8(6) and 14(5) .
5
The person so appointed —
a
takes office on being appointed; and
b
holds office for the remainder of the period specified in article 7(4) ,
but paragraph (b) is subject to the further application of this article and to articles 8 to 10 .
6
In this article —
a
“fisheries legislation” means enactments relating to sea or freshwater fishing;
b
“marine licensing legislation” means Part 4 of the Marine Act; and
c
“nature conservation legislation” means the enactments mentioned in section 237(2) of the Marine Act.
7
In paragraph (6) “enactment” includes an enactment contained in subordinate legislation.
Eligibility for appointment or re-appointment
12
A person is not eligible for appointment or re-appointment as a member of the Authority if —
a
the person has been convicted of a criminal offence; and
b
the conviction is not spent for the purposes of the Rehabilitation of Offenders Act 1974 .
Quorum and general procedure
13
1
A meeting of the Authority is quorate if —
a
2 or more members are present;
b
at least one of those members is a council member; and
c
at least one of those members is a general member.
2
The Council of the Isles of Scilly may not make standing orders as respects the Authority under section 106 of the Local Government Act 1972 (standing orders with respect to proceedings).
Chairing of meetings
14
1
The Authority must appoint from among its members a person (the “vice-chair”) who is to chair any meeting of the Authority which the chair is unable to chair (but see paragraphs (4) and (5) ).
2
If neither the chair nor the vice-chair is able to chair a meeting of the Authority, the members present at the meeting must appoint one of their number to chair the meeting.
3
Articles 7(3) and (4) , 8(1) to (3) and (5) , 9(2), (3) and (5) , 10(3) and (4) and 11(3) and (5) apply to the vice-chair as they apply to the chair.
4
A person who has been removed from the office of chair under article 8 is not eligible to be appointed as vice-chair.
5
A person who has been removed from the office of vice-chair under article 8 is not eligible to be appointed as chair or re-appointed as vice-chair.
Expenses and allowances
15
1
The Authority may reimburse the expenses of its members incurred in connection with attending a meeting of the Authority or otherwise carrying out the functions of the Authority.
2
The Authority may pay to its members such allowances as it may determine.
3
In particular, the Authority may pay to a general member who is not an employee of the MMO an allowance in respect of a loss of earnings arising from that member’s attendance at a meeting of the Authority.
4
The Authority must determine, before the beginning of each financial year, the circumstances in which a member is eligible under this article for the reimbursement of expenses incurred in that year or the receipt of an allowance in respect of that year.
Expenses of the Authority
16
1
The expenses incurred by the Authority must be defrayed by the Council of the Isles of Scilly.
2
Before the consideration of any motion by virtue of subsection (4) of section 180 of the Marine Act to veto the total amount of expenses incurred by the Authority which is to be defrayed pursuant to that section, the Authority must give notice in writing of that motion to each council member.
Delegation of Authority’s functions
17
1
If the Authority considers it necessary or expedient for the exercise of its functions, it may authorise a sub-committee or any member or employee of the Authority to exercise any of the Authority’s functions.
2
A sub-committee may not include persons who are not members of the Authority.
3
Paragraph (1) does not prevent the Authority from exercising the function itself.
Validity of acts and proceedings
18
The validity of anything done by the Authority, or by any sub-committee of the Authority, is not affected by any of the following —
a
any vacancy in the office of chair or vice-chair;
b
any deficiency in the total number of members of the Authority or sub-committee;
c
any deficiency in the number of council members or general members;
d
any vacancy in the office of additional member;
e
any defect in a person’s appointment as the chair or vice-chair or as a member of the Authority or sub-committee.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
3rd September 2010


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Reserve Forces Act 1996 (Isle of Man) Regulations 2010 and shall come into force on 2nd November 2010.
Application of UK Regulations to the Isle of Man
2
The following regulations, namely––
the Reserve Forces Act 1996 (Transitional, Consequential and Saving Provisions) Regulations 1997 ;
the Reserve Forces (Call-out and Recall) (Exemptions etc ) Regulations 1997 ;
the Reserve Forces (Provision of Information by Persons Liable to be Recalled) Regulations 1997 ;
the Reserve Forces Act 1996 (Consequential Provisions etc) Regulations 1998 ;
the Reserve Forces (Call-out and Recall) (Financial Assistance) Regulations 2005 ; and
the Reserve Forces (Provision of Information by Persons Liable to be Recalled) (Amendment) Regulations 2005 ,
shall apply to the Isle of Man subject to the modifications specified in the Schedule.
Andrew Robathan
Parliamentary Under Secretary of State
Ministry of Defence
1st November 2010


text:
Citation, commencement, and interpretation
1
1
These Regulations may be cited as the Complaints against Schools (England) Regulations 2010 and come into force on 19th April 2010.
2
These Regulations apply in relation to England only.
3
In these Regulations —
“the 2009 Act ” means the Apprenticeships, Skills, Children and Learning Act 2009;
“First Tier Tribunal” has the meaning given by section 3(1) of the Tribunals, Courts and Enforcement Act 2007 ;
“public examination” has the meaning given by section 462(4) of the Education Act 1996 .
Functions of the head teacher that may be the subject of a complaint
2
The functions of the head teacher under the following provisions are prescribed for the purposes of section 206(2)(b) of the 2009 Act —
a
sections 403 ( sex education ), 406 ( forbidding political indoctrination ), 407 ( duty to secure balanced treatment of political issues ) and 550AA ( head teacher authorising members of staff to search pupils for weapons ) of the Education Act 1996;
b
sections 43 ( provision of careers education in schools ), 44 ( duty to cooperate with careers adviser ) and 45 ( provision of careers information ) of the Education Act 1997 ;
c
sections 69 ( duty to secure provision of religious education ), and 70 ( requirements relating to collective worship) of the School Standards and Framework Act 1998;
d
sections 52(1) ( exclusion of pupils ) insofar as it relates to exclusions for a fixed period, 79(3) ( duty to implement general requirements in relation to curriculum ), and 85(9) ( duty to have regard to guidance related to work related learning or entitlement areas ) of the Education Act 2002 ;
e
sections 89 ( determination of behaviour policy ), 92(3)(b)( detention outside school sessions ) and 104 ( notice to parent relating to excluded pupil ) of the Education and Inspections Act 2006 ;
f
regulation 3(1) of the Education (School Sessions and Charges and Remissions Policies)(Information)(England) Regulations 1999 ;
g
regulations 5, 7 and 8 of the Education (School Government)(Terms of Reference)(England) Regulations 2000 ;
h
the Education (National Curriculum)(Temporary Exceptions for Individual Pupils)(England) Regulations 2000 ;
i
regulations 3, 4, 7 and 7A of the Education (Pupil Exclusions and Appeals)(Maintained Schools)(England) Regulations 2002 insofar as they relate to exclusions for a fixed period;
j
regulations 4, 5 and 6(8) of the Education (National Curriculum)(Key Stage 2 Assessment Arrangements)(England) Order 2003 ;
k
regulation 4 of the Education (National Curriculum)(Key Stage 3 Assessment Arrangements)(England) Order 2003 ;
l
regulations 6, 7 and 8 of the Education (Pupil Information)(England) Regulations 2005 ;
m
the Education (Reintegration Interview)(England)Regulations 2007 ;
n
regulations 4 and 5 of the Education (Pupil Exclusions and Appeals)(Pupil Referral Units) (England) Regulations 2008 insofar as they relate to exclusions for a fixed period; and
o
Part 9 of the School Teachers’ Pay and Conditions Document 2009 .
Excluded complaints
3
The rights of appeal provided for in the following provisions are prescribed for the purposes of section 206(3)(b) of the 2009 Act —
a
the Education (Pupil Exclusions and Appeals)(Maintained Schools)(England) Regulations 2002 and the Education (Pupil Exclusions and Appeals)(Pupil Referral Units) Regulations 2008 ; and
b
section 28I(1) of the Disability Discrimination Act 1995 .
Prescribed period within which former registered pupils may be deemed pupils
4
The prescribed period for the purposes of section 206(6)(d) of the 2009 Act is 12 months.
Circumstances in which a Local Commissioner may determine that a person is to be treated as a pupil
5
For the purposes of section 207(6) of the 2009 Act, a Local Commissioner may determine that a person who has not been a registered pupil within the period prescribed in regulation 4 is to be treated as a pupil where that person —
a
returns to; or
b
enters
the school for the purpose of taking a public examination.
Vernon Coaker
Minister of State
Department for Children, Schools and Families
18th March 2010


text:
Citation and commencement
1
This Order may be cited as the Charities Act 2006 (Changes in Exempt Charities) Order 2010 and comes into force immediately after section 11(3) of the Charities Act 2006 comes into force.
Changes in exempt charities
2
1
Schedule 2 to the 1993 Act (exempt charities) is amended as follows.
2
For paragraph (b) substitute —
b
the universities of Oxford, Cambridge, London, Durham, Newcastle and Manchester, and King’s College London and Queen Mary and Westfield College in the University of London;
.
3
For paragraph (c) substitute —
c
any of the following if Her Majesty declares it by Order in Council to be an exempt charity for the purposes of this Act —
i
a university in England;
ii
a university college in England; or
iii
an institution which is connected with a university in England or a university college in England;
(but see Note 1A) ;
.
4
In paragraph (h) for “a higher” substitute “an English higher”.
5
For paragraph (i) substitute —
i
a successor company to a higher education corporation (within the meaning of subsection (5) of section 129 of the Education Reform Act 1988 ) at a time when the institution conducted by the company is eligible, by virtue of an order made under that section, to receive support from funds administered by the Higher Education Funding Council for England;
.
6
Omit paragraph (z).
7
In paragraph (za) after “Board” insert “and any institution which is administered by or on behalf of the Board and is established for the general purposes of, or for any special purpose of or in connection with, the Board”.
8
After Note 1 insert —
1A
Paragraph (c) above does not include —
a
any college in the university of Oxford;
b
any college or hall in the university of Cambridge or Durham;
c
any students’ union.
.
9
For Note 2 substitute —
2
Paragraph (w) above does not include —
a
any college in the university of Oxford which is administered by or on behalf of that university;
b
any college or hall in the university of Cambridge or Durham which is administered by or on behalf of that university;
c
any students’ union.
.
10
After Note 2 insert —
Interpretation
For the purposes of this Schedule —
a
a university or university college is in England if its activities are carried on, or principally carried on, in England;
b
the Open University is to be treated as a university in England;
c
a higher education corporation is an English higher education corporation if the activities of the institution conducted by that corporation are carried on, or principally carried on, in England.
.
Consequential amendments, repeals, revocations and transitional provisions
3
1
Schedule 1 (which contains consequential amendments, repeals and revocations) has effect.
2
Schedule 2 (which contains transitional and transitory provisions and savings) has effect.
Angela E. Smith
Minister of State
Cabinet Office
27th February 2010


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Tobacco Advertising and Promotion (Display) (England) Regulations 2010 and come into force —
a
for the purpose of large shops, other than bulk tobacconists, on 1st October 2011; and
b
for all other purposes, on 1st October 2013.
2
These Regulations apply in relation to England.
3
These Regulations do not apply to specialist tobacconists .
4
For the purposes of this regulation —
“large shop” means a shop which has a relevant floor area exceeding 280 square metres; and
“relevant floor area”, in relation to a shop, means the internal floor area of so much of the shop as consists of, or is comprised in, a building but excluding any part of the shop which is used neither for the serving of customers in connection with the sale of goods nor for the display of goods.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Tobacco Advertising and Promotion Act 2002;
“area of storage unit” means the total area of the storage unit in which tobacco products and any other products are visible;
“bulk tobacconist” means a shop selling tobacco products (whether or not it also sells other products) whose sales of cigarettes or hand-rolling tobacco, measured in accordance with paragraph (2), comply with the following conditions —
at least 90% of its cigarette sales are in pre-packed quantities of 200 or more cigarettes in their original package, and the remainder in pre-packed quantities of 100 or more cigarettes in their original package; and
at least 90% of its hand-rolling tobacco sales are in pre-packed quantities with a weight of 250 grams or more in their original package, and the remainder in pre-packed quantities with a weight of 125 grams or more in their original package;
“original package” means the package in which the cigarettes or hand-rolling tobacco were supplied for the purpose of retail sale by the manufacturer or importer;
“package” means any box, carton or other container;
“premises” includes any place and any vehicle, vessel, hovercraft, stall or moveable structure;
“shop” means any premises where there is carried on a trade or business consisting wholly or mainly of the sale of goods;
“storage unit” means a gantry, cabinet or unit, tray, shelf or other product in which a tobacco product is held pending sale.
2
The sales referred to in the definition of “bulk tobacconist” are to be measured by sale price —
a
during the most recent period of twelve months for which accounts are available; or
b
during the period for which the shop has been established, if it has not been established long enough for twelve months’ accounts to be available.
Meaning of place
3
For the purposes of section 7A of the Act (prohibition of tobacco displays), “place” means a premises in England where tobacco products are offered for sale in the course of a business, other than premises —
a
which are accessible only to persons who are engaged in, or employed by, a business which is part of the tobacco trade; and
b
from which the prices of tobacco products are not visible from the outside of the premises.
Display as a consequence of a requested display
4
1
This regulation applies where a requested display is made to an individual (“A”) aged 18 or over.
2
No offence is committed under section 7A(1) of the Act (prohibition of tobacco displays) by a display of tobacco products in a storage unit, to individuals other than A, if —
a
the display —
i
is solely as a consequence of the requested display, and
ii
lasts for no longer than is necessary to remove the requested product from the storage unit; and
b
the area of storage unit displayed does not exceed 0.75 square metres.
3
No offence is committed under section 7A(1) of the Act (prohibition of tobacco displays) by a display of tobacco products other than in a storage unit, to individuals other than A, if the display —
a
is solely as a consequence of the requested display; and
b
lasts for no longer than the requested display.
4
In this regulation, “the requested product” means the product which A asked to purchase or for information about.
Display in bulk tobacconists
5
1
This regulation applies to displays in a bulk tobacconist.
2
No offence is committed under section 7A(1) of the Act (prohibition of tobacco displays) by a display of tobacco products if —
a
the display is —
i
in a part of the shop (“the tobacco area”) containing tobacco products and smoking accessories only, and
ii
not visible from outside of the tobacco area;
b
a notice displaying the following statement is exhibited at the entrance to the tobacco area —
“It is illegal to sell tobacco products to anyone under the age of 18”
; and
c
the shop is designed so that customers who wish to buy products other than tobacco products and smoking accessories are not required or encouraged to pass through the tobacco area.
3
The dimensions of the notice to be exhibited in accordance with paragraph (2)(b) must be not less than 297 millimetres by 420 millimetres and the size of the statement to be displayed on the notice must be such that no character is less than 36 millimetres high.
Display during restocking
6
1
This regulation applies where a person is actively engaged in restocking a storage unit.
2
No offence is committed under section 7A(1) of the Act (prohibition of tobacco displays) by a display of tobacco products if —
a
tobacco products are displayed in the course of being placed in the storage unit only;
b
the display lasts for no longer than is necessary to place products in the storage unit; and
c
the area of storage unit displayed does not exceed 0.75 square metres.
Display to duly authorised officers of an enforcement authority etc
7
No offence is committed under section 7A(1) of the Act (prohibition of tobacco displays) by a display of tobacco products if that display is requested by —
a
a duly authorised officer of an enforcement authority;
b
a constable; or
c
an officer of Revenue and Customs,
who is acting in the course of their duty.
Storage units
8
1
This regulation applies to indications on storage units of the tobacco products held in the storage unit.
2
No offence is committed under section 2 of the Act (prohibition of tobacco advertising) if the indication complies with the requirements of paragraph (3).
3
The requirements are that the indication —
a
is limited to the following information in relation to tobacco products —
i
the brand name of the product,
ii
where pre-packed, the number of units in the packages or, where sold by weight, the net weight of the product,
iii
in relation only to cigars, the country of origin and dimensions,
iv
in relation only to pipe tobaccos, the cut and type of tobacco used, and
v
the price of the product;
b
is printed —
i
in black Helvetica plain type on a white background,
ii
in a font size consistent throughout the text with characters which are no higher than 4 millimetres, and
iii
in lower case type, except that the first letter of a word may be in upper case type;
c
does not exceed 9 square centimetres in size;
d
is limited in number to one indication for each separate location in a storage unit where a particular tobacco product is held; and
e
does not contain any other feature.
4
In paragraph (3)(e) —
“other feature” means a logo, trademark, symbol, motto, type-face, colour or pattern of colour, picture, artwork, imagery, appearance, message or other indication that constitutes all or part of the recognisable identity of a product, but does not include a bar code or stock number.
Revocation
9
The Tobacco Advertising and Promotion (Point of Sale) Regulations 2004 are revoked.
Signed by authority of the Secretary of State for Health.
Gillian Merron
Minister of State,
Department of Health
23rd February 2010


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Workmen’s Compensation (Supplementation) (Amendment) Scheme 2010 and shall come into force on 14th April 2010.
2
In this Scheme —
lesser incapacity allowance
means the allowance payable in accordance with article 5 of the principal Scheme;
the operative date
means 14th April 2010;
the 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 “8th April 2009” substitute “14th April 2010”.
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 8th April 2009 to 13th April 2010 Rate of lesser incapacity allowance from 14th April 2010
£ £ 4.40 4.45 11.90 12.10 20.00 20.30 29.00 29.45 41.70 42.35 53.10 53.90
PART 2 TABLE OF LOSS OF EARNINGS AND CORRESPONDING RATES OF LESSER INCAPACITY ALLOWANCE
Loss of earnings Rate of lesser incapacity allowance
£ £ 14.60 4.45 32.00 12.10 49.60 20.30 58.50 29.45 71.40 42.35 Over 71.40 53.90
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 in respect of 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
William D. McKenzie,
Parliamentary Under Secretary of State
Department of Work and Pensions
16th March 2010
We consent,
Bob Blizzard
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd March 2010


text:
Citation and commencement
1
These Regulations may be cited as the Measuring Instruments (Amendment) Regulations 2010 and shall come into force on 1st June 2011.
Amendment of the Measuring Instruments (Liquid Fuel and Lubricants) Regulations 2006
2
In paragraph 16 (Accuracy classification and maximum permissible errors ( MPEs )) of Schedule 1 (Essential Requirements) to the Measuring Instruments (Liquid Fuel and Lubricants) Regulations 2006 , after the table headed “Table 5” insert —
10
The measuring system shall not exploit the MPEs or systematically favour any party.
.
Amendment of the Measuring Instruments (Cold–water Meters) Regulations 2006
3
In paragraph 15 ( MPE ) of Schedule 1 (Essential Requirements) to the Measuring Instruments (Cold-water Meters) Regulations 2006 , after sub-paragraph (2) insert —
3
The cold-water meter shall not exploit the MPE or systematically favour any party.
.
Amendment of the Measuring Instruments (Liquid Fuel delivered from Road Tankers) Regulations 2006
4
In paragraph 16 (Accuracy classification and maximum permissible errors (MPEs)) of Schedule 1 (Essential Requirements) to the Measuring Instruments (Liquid Fuel delivered from Road Tankers) Regulations 2006 , after the table headed “Table 3”insert —
8
The meter measuring system shall not exploit the MPEs or systematically favour any party.
.
Amendment of the Measuring Instruments (Non-Prescribed Instruments) Regulations 2006
5
Part 2 of Schedule 1 to the Measuring Instruments (Non-Prescribed Instruments) Regulations 2006 is amended as follows —
a
in paragraph 18 (MPE) in Part A (Water Meters), after sub-paragraph (2) insert —
3
The water meter shall not exploit the MPE or systematically favour any party.
;
b
in paragraph 27 (MPE applicable to complete heat meters) in Part B (Heat Meters), at the end insert “The complete heat meter shall not exploit the MPEs or systematically favour any party.”;
c
in paragraph 36 (Accuracy classification and maximum permissible errors (MPEs)) in Part C (Measuring System for the Continuous and Dynamic Measurement of Quantities of Liquids other than Water), after sub-paragraph (7) insert —
8
The measuring system shall not exploit the MPEs or systematically favour any party.
; and
d
in paragraph 64 (MPE) in Part G (Volume Conversion Devices), after the note insert “The volume conversion device shall not exploit the MPEs or systematically favour any party.”.
Amendment of the Measuring Instruments (Active Electrical Energy Meters) Regulations 2006
6
Schedule 1 to the Measuring Instruments (Active Electrical Energy Meters) Regulations 2006 is amended as follows —
a
in paragraph 2 (Definitions), before ““climatic environments” means” insert —
“Class A” means, in relation to a relevant instrument, that it has been declared by the manufacturer as compliant with the essential requirements applicable to a relevant instrument of that class;
“Class B” means, in relation to a relevant instrument, that it has been declared by the manufacturer as compliant with the essential requirements applicable to a relevant instrument of that class;
“Class C” means, in relation to a relevant instrument, that it has been declared by the manufacturer as compliant with the essential requirements applicable to a relevant instrument of that class;
; and
b
in paragraph 15 (Maximum permissible error (MPE)), after sub-paragraph (5) insert —
6
The relevant instrument shall not exploit the MPEs or systematically favour any party.
.
Amendment of the Measuring Instruments (Gas Meters) Regulations 2006
7
Schedule 1 to the Measuring Instruments (Gas Meters) Regulations 2006 is amended as follows —
a
in paragraph 2 (Definitions) —
i
between the definition of “base conditions” and the definition of “climatic environments” insert —
“Class 1.5 relevant instrument” means a relevant instrument declared by the manufacturer as compliant with the essential requirements applicable to a relevant instrument of that class;
“Class 1.0 relevant instrument” means a relevant instrument declared by the manufacturer as compliant with the essential requirements applicable to a relevant instrument of that class;
; and
ii
in the definition of “overload flowrate” insert “(“Qr”)” before “means the highest flowrate at which the relevant instrument operates”;
b
in paragraph 12 (Rated operating conditions), in the heading in the far right hand column of Table 2 for “Qt” substitute “Qr”; and
c
in paragraph 13 (Maximum permissible error (MPE)) —
i
in sub-paragraph (3), omit “When the errors between Qt and Qmax all have the same sign, they shall all not exceed 1% for Class 1.5 and 0.5% for Class 1.0.”; and
ii
after sub-paragraph (4) insert —
5
The relevant instrument shall not exploit the MPEs or systematically favour any party.
.
David Willetts
Minister of State for Universities and Science
Department for Business, Innovation and Skills
2nd December 2010


text:
Citation and interpretation
1
1
This Order may be cited as the Criminal Justice Act 2003 (Commencement No. 25) Order 2010.
2
In this Order “the 2003 Act ” means the Criminal Justice Act 2003.
Commencement
2
Section 29(1) to (3), (5) and (6) (new method of instituting proceedings) and section 30 (further provision about the new method) of the 2003 Act come into force on 1st January 2011 but only for the purposes of —
a
criminal proceedings instituted by a police force or a person authorised by a police force to institute proceedings in a magistrates’ court sitting in Gloucestershire or Essex; and
b
criminal proceedings instituted by a public prosecutor within the meaning of section 29(5)(e) of the 2003 Act (a Secretary of State or a person authorised by one) who is a person authorised to do so on behalf of the Vehicle and Operator Services Agency.
Signed by the authority of the Secretary of State
J Djanogly
Parliamentary Under Secretary of State
Ministry of Justice
16th December 2010


text:
Citation, commencement, application and revocation
1
1
This Order may be cited as the Education (Listed Bodies) (England) Order 2010 and comes into force on 30th November 2010.
2
This Order only applies in relation to England .
3
The following Orders are revoked —
a
the Education (Listed Bodies) (England) Order 2007 ; and
b
the Education (Listed Bodies) (England) (Amendment) Order 2008 .
Listed Bodies
2
The bodies listed in the Schedule appear to the Secretary of State to fall, for the time being, within section 216(3) of the Education Reform Act 1988.
David Willetts
Minister of State for Universities and Science
Department for Business, Innovation and Skills
26th October 2010


text:
Citation and commencement
1
1
These Regulations may be cited as the Merchant Shipping (Light Dues) (Amendment) Regulations 2010.
2
They come into force on 31st March 2010.
Amendment of the Merchant Shipping (Light Dues) Regulations 1997
2
In paragraph 3(1A)(b) in Part II (Scale of Payments) of Schedule 2 to the Merchant Shipping (Light Dues) Regulations 1997 —
a
for “43 pence” substitute “41 pence”; and
b
for “£17,200” substitute “£16,400”.
Signed by authority of the Secretary of State for Transport
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
4th March 2010


text:
Citation and interpretation
1
1
This Order may be cited as the Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No. 2 (Amendment) and Transitional Provision) Order 2010.
2
In this Order “ the Act ” means the Apprenticeships, Skills, Children and Learning Act 2009.
Amendment of the Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No. 2 and Transitional and Saving Provisions) Order 2010
2
1
Column 1 of the table in Schedule 5 to the Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No. 2 and Transitional and Saving Provisions) Order 2010 is amended as follows.
2
For “sections 242 to 249”, substitute —
Sections 242 to 245 Section 249(3)
3
Omit “section 250”.
Transitional Provision
3
Despite section 249(3) of the Act coming into force in accordance with article 2, until the commencement of section 249(1) of the Act, any reference in paragraph 3A of Schedule 1 to the Education Act 1996 (inserted by section 249(3) of the Act) to a “short stay school” or “short stay schools” is to be read as a reference to a “pupil referral unit” or “pupil referral units” respectively.
Nick Gibb
Minister of State
Department for Education
26th July 2010


text:
Citation and commencement
1
These Regulations may be cited as the Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products (Amendment) Regulations 2010 and they come into force on 1st June 2010.
Amendments to the Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2005
2
1
The Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2005 are amended as follows.
2
In paragraph 2(3) of Schedule 1 —
a
in the definition of “coating” for ‘preparation’ substitute ‘mixture’,
b
after the definition of “film”, insert —
mixture” means mixtures or solutions composed of two or more substances.
,
c
omit the definition of “preparation”.
Jim Fitzpatrick
Minister of State
Department for Environment, Food and Rural Affairs
10th March 2010


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Quality Accounts) Regulations 2010 and shall come into force on 1st April 2010.
2
In these Regulations —
“the 2006 Act ” means the National Health Service Act 2006;
“the 2009 Act ” means the Health Act 2009;
“relevant document” means a document which must be published under section 8(1) or (3) of the 2009 Act.
3
For the purposes of these Regulations —
a
“ NHS services” does not include the services exempted by regulation 2;
b
a body or person sub-contracts services where —
i
in the case of a body listed in section 8(2) of the 2009 Act, they make arrangements for a person not listed in section 8(2) or (3) of that Act to provide those services; and
ii
in the case of a person listed in section 8(3) of the 2009 Act, they make arrangements as mentioned in section 2(5)(a) of that Act for another person to provide those services; and
c
references to NHS services provided by a body or person are a reference to —
i
in the case of a body listed in section 8(2) of the 2009 Act, any NHS services provided by that body; and
ii
in the case of a person listed in section 8(3) of the 2009 Act, any NHS services provided by that person as mentioned in section 2(4)(a) or (b) of the 2009 Act, or which that person assists in providing as mentioned in section 2(4)(b) of that Act.
Exemption for community health services and primary care services
2
1
Section 8(1) and (3) of the 2009 Act (duty of provider to publish information) does not apply to community health services and primary care services.
2
For the purpose of this regulation —
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) (Secretary of State’s duty as to provision of certain services) of, or paragraph 2 or 7A of Schedule 1 (further provision about the Secretary of State and services etc. ) to, the 2006 Act and any service which he has a duty to provide under paragraph 1 or 8 of that Schedule;
“primary care services” means NHS services —
provided under a contract, agreement or arrangement made under or by virtue of the following provisions of the 2006 Act —
section 83(2)(b) (arrangements made by PCTs for provision of primary medical services),
section 84(1) (general medical services contracts),
section 92 (other arrangements for the provision of primary medical services),
section 100(1) (general dental services contracts),
section 107(1) (other arrangements for the provision of primary dental services),
section 117(1) (general ophthalmic services contracts),
section 126(1) (pharmaceutical services),
section 127(1) (additional pharmaceutical services), or
Schedule 12 (local pharmaceutical services schemes); or
provided by a Primary Care Trust pursuant to section 83(2)(a) (primary medical services), 99(2) (primary dental services) or 115(4)(a) (primary ophthalmic services) of the 2006 Act.
Exemption for small providers from duty to publish information
3
1
Section 8(1) and (3) of the 2009 Act does not apply to a body or person in respect of a reporting period, where paragraph (2) applies.
2
This paragraph applies to a body or person —
a
which on the relevant date employed no more than fifty full time equivalent employees; and
b
whose total income in relation to the reporting period under all contracts, agreements or arrangements with Primary Care Trusts and Strategic Health Authorities for the provision of NHS services, is not more than £130,000.
3
The number of full time equivalent employees is calculated by dividing the total number of hours worked by all employees on the relevant date by the average standard contracted hours for the employing body or person for that period.
4
For the purposes of this regulation, “the relevant date” in relation to a reporting period is —
a
for any body or person not providing or subcontracting NHS services on 1st April, the first day in that period the body or person provides or sub-contracts NHS services; or
b
in all other cases 1st April in that period.
Prescribed information, content and form of document
4
1
A relevant document must consist of 4 parts as follows —
a
Part 1, containing a statement summarising the provider’s view of the quality of NHS services provided or sub-contracted by the provider during the reporting period and the statement referred to in regulation 6;
b
Part 2, containing the information relevant to the quality of NHS services provided or sub-contracted by the provider during the reporting period which is prescribed for the purposes of section 8(1) or (3) of the 2009 Act by paragraph (2) and the information required by regulation 7;
c
Part 3, containing other information relevant to the quality of NHS services provided or sub-contracted by the provider during the reporting period which is included in the document by the provider; and
d
an annex containing the statements or copies of the statements referred to in regulation 5.
2
The information prescribed for the purposes of section 8(1) or (3) of the 2009 Act is the information specified in column 1 of the table in the Schedule as presented in the form of the statements specified in column 2 of that table.
3
The annex referred to in paragraph (1)(d) is not required in a draft relevant document supplied under regulations 8 to 10
Written statements by other bodies
5
1
The statements or copies of statements referred to in regulation 4(1)(d) are —
a
a copy of any written statement provided under regulation 8(2)(b);
b
a copy of any written statement relating to the content of the relevant document, which is no more than 500 words in length, provided prior to publication by an appropriate Local Involvement Network in response to the draft received pursuant to regulation 9;
c
a copy of any written statement relating to the content of the relevant document, which is no more than 500 words in length, provided prior to publication in response to the draft received pursuant to regulation 10 by —
i
the appropriate Overview and Scrutiny Committee, or
ii
a joint overview and scrutiny committee carrying out the functions of that Overview and Scrutiny Committee under regulations under section 245 of the 2006 Act (joint overview and scrutiny committees etc.); and
d
a statement by the provider setting out any changes made to the relevant document following receipt of such written statements.
2
For the purpose of this regulation, “appropriate Local Involvement Network” and “appropriate Overview and Scrutiny Committee” have the same meaning as in regulations 9 and 10.
Signature by senior employee
6
1
The relevant document must include a written statement, at the end of Part 1, signed by the responsible person for the provider that to the best of that person’s knowledge the information in the document is accurate.
2
For the purpose of this regulation “the responsible person” means, where the provider is —
a
a body corporate or partnership, the most senior employee;
b
an unincorporated body of persons other than a partnership, a member of the provider’s governing body or the most senior employee of the provider; or
c
an individual, that individual.
Priorities for improvement
7
1
The relevant document must include, in Part 2, a description of the areas for improvement in the quality of NHS services that the provider intends to provide or sub-contract for the 12 months following the end of the reporting period.
2
The description must include —
a
at least three priorities for improvement;
b
how progress to achieve the priorities identified in paragraph (a) will be monitored and measured by the provider; and
c
how progress to achieve the priorities identified in paragraph (a) will be reported by the provider.
Document assurance by commissioning Primary Care Trust or Strategic Health Authority
8
1
The provider must provide a copy of the draft relevant document to the commissioning Primary Care Trust or Strategic Health Authority within 30 days beginning with 1st April following the end of the reporting period.
2
The commissioning Primary Care Trust or Strategic Health Authority must —
a
take reasonable steps to check the accuracy of the information contained in the draft relevant document in relation to NHS services provided or sub-contracted by the provider under contracts, agreements or arrangements with that Primary Care Trust or Strategic Health Authority;
b
provide a written statement, which is no longer than 500 words in length —
i
confirming whether or not they consider the draft relevant document contains accurate information in relation to NHS services provided or sub-contracted by the provider under contracts, agreements or arrangements with that Primary Care Trust or Strategic Health Authority; and
ii
containing any other information they consider relevant to the quality of NHS services provided or sub-contracted by the provider during the reporting period,
within 30 days beginning with the date the draft relevant document is received by the commissioning Primary Care Trust or Strategic Health Authority.
3
For the purpose of this Regulation “commissioning Primary Care Trust or Strategic Health Authority” means —
a
where the provider is a Primary Care Trust, the Strategic Health Authority for the area in which the Trust is established;
b
where all the NHS services that the provider provides or sub-contracts are provided under contracts, agreements or arrangements with one Strategic Health Authority, but no Primary Care Trusts that Strategic Health Authority;
c
where the provider provides or sub-contracts NHS services under contracts, agreements or arrangements with more than one Strategic Health Authority but no Primary Care Trusts, the Strategic Health Authority which is responsible for the largest number of patients to which the provider has provided NHS services during the reporting period;
d
where all the NHS services that the provider provides or sub-contracts are provided under contracts, agreements or arrangements with one Primary Care Trust, that Primary Care Trust;
e
where the provider provides or sub-contracts NHS services under contracts, agreements or arrangements with more than one Primary Care Trust and one or more of those Primary Care Trusts co-ordinates the commissioning of services by some or all of those Trusts (“a co-ordinating commissioning PCT ”) —
i
the co-ordinating commissioning Primary Care Trust, or
ii
where there is more than one co-ordinating commissioning PCT —
aa
the co-ordinating commissioning PCT in the Strategic Health Authority area in which the provider is located which is responsible for the largest number of patients to which the provider has provided or sub-contracted NHS services during the reporting period, or
bb
if there is no co-ordinating commissioning PCT in the Strategic Health Authority area in which the provider is located the co-ordinating commissioning PCT which is responsible for the largest number of patients to which the provider has provided or sub-contracted NHS services during the reporting period; or
f
where the provider provides or sub-contracts NHS services under contracts, agreements or arrangements to more than one Primary Care Trust and there is no co-ordinating commissioning PCT, the Primary Care Trust which is responsible for the largest number of patients to which the provider has provided NHS services during the reporting period.
4
A Primary Care Trust is responsible for a patient if the Trust must secure the provision of services for the benefit of that patient by virtue of —
a
directions given by the Secretary of State under section 7 of the 2006 Act; or
b
arrangements by Primary Care Trusts for the exercise of functions under regulation 10 of the 2002 Regulations .
5
A Strategic Health Authority is responsible for a patient if the authority must secure the provision of services for the benefit of that patient, by virtue of —
a
directions given by the Secretary of State under section 7 of the 2006 Act; or
b
arrangements by Strategic Health Authorities for the exercise of functions under regulation 9 of the 2002 Regulations.
6
For the purpose of this Regulation “the 2002 Regulations” means the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002 .
Document assurance by appropriate Local Involvement Network
9
1
The provider must provide a copy of the draft relevant document to each appropriate Local Involvement Network within 30 days beginning with 1st April following the end of the reporting period.
2
For the purpose of this Regulation —
“Local Involvement Network” means a person who in pursuance of arrangements under section 221 of the Local Government and Public Involvement in Health Act 2007 (health services and social services: local involvement networks) carries on activities specified in section 221(2) of that Act for a local authority area;
“appropriate Local Involvement Network” means a Local Involvement Network in the local authority area in which the provider has its registered or principal office located.
Document assurance by appropriate Overview and Scrutiny Committee
10
1
The provider must provide a copy of the draft relevant document to the appropriate Overview and Scrutiny Committee within 30 days beginning with 1st April following the end of the reporting period.
2
For the purpose of this Regulation —
“Overview and Scrutiny Committee” means an overview and scrutiny committee of any local authority to which section 244 of the 2006 Act applies (functions of overview and scrutiny committees);
“the appropriate Overview and Scrutiny Committee” means the Overview and Scrutiny Committee of the local authority in whose area the provider has its registered or principal office located.
Publication and provision of copies
11
By 30th June following the end of the reporting period —
a
the relevant document must be published by making the document electronically available on the NHS Choices website , or another website if that website is not available at the time of publication; and
b
a copy of the relevant document must be sent to the Secretary of State.
Signed by authority of the Secretary of State for Health
Mike O’Brien
Minister of State
Department of Health
8th February 2010


text:
Citation and commencement
1
These Regulations may be cited as the Dwelling Houses (Execution of Possession Orders by Mortgagees) Regulations 2010 and come into force on 1st October 2010.
Notice of execution of possession order: prescribed step and prescribed period
2
The prescribed step referred to in section 2(2)(a) of the Act is the mortgagee making an application to the court for a warrant for possession of the property.
3
The prescribed period referred to in section 2(2)(b) of the Act is fourteen days.
Prescribed form of notice of execution of possession order
4
The mortgagee’s notice of execution of the possession order must be in the form set out in the Schedule to these Regulations.
Manner of giving notice
5
1
The mortgagee’s notice under regulation 4 may be given in any of the following ways —
a
by sending the notice to the property by first class post or registered post in an envelope addressed —
i
to the tenant by name, or
ii
if the tenant’s name is not known, to “The Tenant or Occupier”;
b
by leaving the notice at the property —
i
in an envelope addressed as described in subparagraph (a), or
ii
affixed to and displayed in a prominent place where its contents can be read by a person entering the property; or
c
by personal service upon a person who appears to be in residence at the property.
Signed by authority of the Secretary of State for Communities and Local Government
Grant Shapps
Minister of State
Department for Communities and Local Government
12th July 2010
The Lord Chancellor consents to the making of these Regulations.
Jonathan Djanogly
Parliamentary Under Secretary of State
Ministry of Justice
13th July 2010


text:
Citation
1
This Order may be cited as the Criminal Procedure and Investigations Act 1996 (Code of Practice for Interviews of Witnesses Notified by Accused) Order 2010.
Code of Practice
2
The code of practice entitled “Code of Practice for Arranging and Conducting Interviews of Witnesses Notified by the Accused” laid before Parliament on 5th February 2010 shall come into force on 1st May 2010.
Signed by the authority of the Secretary of State
Claire M Ward
Parliamentary Under Secretary of State
Ministry of Justice
8th April 2010


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines for Human Use (Prescribing by EEA Practitioners) (Amendment) Regulations 2010 and shall come into force on 26th July 2010.
2
In these Regulations “the principal Regulations ” means the Medicines for Human Use (Prescribing by EEA Practitioners) Regulations 2008 .
Amendment of regulation 3 of the principal Regulations
2
In regulation 3 of the principal Regulations (prescriptions given by EEA health professionals), in paragraph (2)(c)(iv) omit “, address and the age, if under 12,”.
Signed by the authority of the Secretary of State for Health.
Earl Howe
Parliamentary Under-Secretary of State,
Department of Health
23rd June 2010


text:
Citation, commencement and extent
1
These Regulations —
a
may be cited as the Rail Vehicle Accessibility (Non-Interoperable Rail System) Regulations 2010,
b
come into force on 6th April 2010, and
c
do not extend to Northern Ireland.
Interpretation
2
1
In these Regulations —
“the 1974 Act ” means the Health and Safety at Work etc. Act 1974 ;
“the 1995 Act ” means the Disability Discrimination Act 1995;
“cableway installation” means an installation made up of several components that —
is used or intended to be used for the purpose of providing an operational system for carrying persons in vehicles, on chairs or by towing devices,
uses cables positioned along the line of travel to provide suspension or traction or both, and
is one of the following —
a cable car (including a gondola and chair lift) where the cabins or chairs are lifted or displaced by one or more carrier cables;
a drag lift, where users with appropriate equipment are dragged by means of a cable; or
a funicular railway or other installation with vehicles mounted on wheels or on other suspension devices where traction is provided by one or more cables;
but does not include cable operated tramways, rack railways or lifts;
“class of passenger accommodation” means a category of passenger accommodation in a rail vehicle charged out at a different fare or fares from another category of passenger accommodation in the same rail vehicle or train;
“contrast” means contrast in the amount of light reflected;
“conventional TEN rail system” has the meaning given in regulation 2(3) of the Railways (Interoperability) Regulations 2006 ;
“display” means a screen fitted to the exterior or interior of a rail vehicle which is used to indicate the destination or route number of a rail vehicle, or make other visual announcements, which forms part of a public address system for visual announcements;
“ EU specifications” means the functional and technical specifications in —
section 4.2.2 of the technical specification for interoperability relating to “persons with reduced mobility” set out in the Annex to Decision 2008/164/ EC of the European Commission of 21st December 2007 , known as the “PRM TSI”, (as modified in section 7.4.1.3.2 for GB rolling stock); or
any amended or replacement version of those specifications adopted by an EU institution from time to time;
“exemption order” means an order made under section 47 of the 1995 Act;
“guided bus” means a motor vehicle, used wholly or mainly for the carriage of passengers, which is designed or adapted to travel along roads and to carry more than eight passengers, but which is not a tramcar, and which for some or all of the time when in operation —
travels along roads, and
is guided (whether while on the road or at other times) by means of —
apparatus, a structure or other device which is fixed and not part of the bus; or
a guidance system which is automatic;
“guided transport” has the same meaning as in section 67(1) of the Transport and Works Act 1992 ;
“high-speed rail system” has the meaning given in regulation 2(3) of the Railways (Interoperability) Regulations 2006;
“lift”, in paragraph (3) of this regulation, means an appliance, other than a cableway installation, serving specific levels and having a car moving —
along guides which are rigid; or
along a fixed course even where it does not move along guides which are rigid;
and inclined at an angle of more than 15 degrees to the horizontal and intended wholly or mainly for the transport of persons;
“miniature railway” means a system of transport employing parallel rails which —
provide support and guidance for vehicles carried on flanged wheels, and
form a track of a gauge of less than 350 millimetres;
“narrow width vehicle” means a vehicle which, measured on the exterior, has a car body width of 2.8 metres or less at its widest point and a height above rail of 3.1 metres or less unloaded in normal operating condition;
“network” means any permanent way or other means of guiding or supporting rail vehicles or any section of it;
“operator”, in relation to a rail vehicle, means the person having the management of that vehicle;
“passenger saloon” means that part of the interior of a rail vehicle provided for the accommodation of passengers, but does not include a toilet cubicle or a vestibule adjoining an exterior doorway;
“photocell device” means a device which operates using a combination of a beam of light, a transmitter and a receiver;
“podcar” means an automated driverless vehicle constructed to carry seated passengers, up to a maximum of 6, on a dedicated network of fixed guideways to a passenger selected destination without intermediate stops (whether or not the vehicle is also capable of being operated in some other way);
“prescribed system” means a system of transport using a mode of guided transport prescribed in paragraph (2);
“priority seat” means a seat designated in accordance with paragraph 13 of Schedule 1;
“rail vehicle” means a vehicle constructed or adapted to carry passengers on any railway, tramway or prescribed system other than a vehicle used in the provision of a service for the carriage of passengers on the high-speed rail system or the conventional TEN rail system;
“railway” has the same meaning as in section 67(1) of the Transport and Works Act 1992;
“reference wheelchair” means an occupied wheelchair the dimensions of the chair and occupant being as shown in diagram A in Schedule 2;
“road” —
in England and Wales, means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes; and
in Scotland, has the same meaning as in section 151 of the Roads (Scotland) Act 1984 ;
“train” means two or more rail vehicles, other than tramcars, coupled together;
“tramcar” means a rail vehicle (whether or not articulated in one or more places) constructed or adapted to carry passengers on a railway or tramway and to be accessible by persons at a tram stop;
“tram stop” means a stopping place for tramcars in a road provided for persons to board or leave a tramcar;
“tramway” has the same meaning as in section 67(1) of the Transport and Works Act 1992;
“wheelchair-compatible doorway” means a passenger doorway in the side of a rail vehicle provided in accordance with paragraph 6 of Schedule 1;
“wheelchair-compatible toilet” means a passenger toilet provided in accordance with paragraph 16(1) of Schedule 1, with or without compliance with paragraph 16(1) (h);
“wheelchair space” means a space for a disabled person in a wheelchair which is provided in accordance with paragraph 18 of Schedule 1;
“width” means, when applied to a doorway or passageway, the unobstructed width of that doorway or passageway up to a height of 1400 millimetres above the door sill or floor, and “wide” is to be construed accordingly.
2
Subject to paragraph (3), in these Regulations prescribed modes of guided transport are vehicles, constructed or adapted to carry passengers, which for some or all of the time when they are in operation are guided by means of —
a
rails, beams, slots, guides or other apparatus, structures or devices which are fixed and not part of the vehicle; or
b
a guidance system which is automatic but which works by using means of guidance external to the vehicle.
3
The modes of transport prescribed in paragraph (2) do not include —
a
a vehicle which operates on a railway;
b
a vehicle which operates on a tramway;
c
a vehicle which operates on a miniature railway;
d
a cableway installation;
e
a lift;
f
a guided bus; or
g
any other mode of guided transport comprising a vehicle which for some or all of the time when it is in operation travels along roads.
4
In these Regulations a reference to the requirements of Part 1 of Schedule 1 means that Part as read with the diagrams referred to in it and shown in Schedule 2.
Rail vehicles first used after 31st December 1998
3
1
Subject to paragraph (2), this regulation applies to a rail vehicle first brought into use after 31st December 1998.
2
This regulation does not apply to a rail vehicle which —
a
belongs to a class of rail vehicle first brought into use before 1st January 1999; or
b
is constructed or adapted to carry passengers on a prescribed system and which does not conform with the requirements of Part 1 of Schedule 1 when these Regulations come into force.
3
Subject to paragraphs (7) and (11), the requirements of Part 1 of Schedule 1 apply in relation to a rail vehicle to which this regulation applies.
4
Paragraph (7) applies where the Office of Rail Regulation receives a valid notice in writing from an operator of a rail vehicle to which this regulation applies, which has been constructed or adapted to carry passengers on a railway, opting to apply the requirements of the EU specifications in relation to that vehicle instead of the requirements of Schedule 1.
5
A notice referred to in paragraph (4) will be a valid notice if it is properly addressed to the Chief Executive of the Office of Rail Regulation and lists which version of the EU specifications will be applied in relation to the rail vehicle or, where more than one version, which version will be applied in relation to which aspects of the construction or operation of the rail vehicle, instead of the requirements of Schedule 1.
6
A notice referred to in paragraph (4) may be —
a
superseded by a subsequent notice under that paragraph; or
b
withdrawn in writing whereupon paragraph (7) will cease to apply to the rail vehicle.
7
Where this paragraph applies —
a
the requirements of Part 1 and Part 2 of Schedule 1 do not apply in relation to the rail vehicle, and
b
the requirements of the EU specifications, as indicated in the notice referred to in paragraph (4), apply in relation to the rail vehicle.
8
Subject to paragraphs (7), (10) and (11), the requirements of Part 2 of Schedule 1 apply in relation to a rail vehicle to which this regulation applies —
a
if and to the extent that it already conforms with them when these Regulations come into force;
b
if it is constructed pursuant to a contract entered into after 5th April 2011 and does not belong to a class of rail vehicle first brought into use before that date; or
c
to the extent indicated in paragraph (9) if after 5th April 2011 any refurbishment work described in column (2) of the table in Schedule 4 is carried out to it.
9
Where paragraph (8)(c) applies, those requirements of Part 2 of Schedule 1, which are indicated in column (3) of the table in Schedule 4 opposite the description of the refurbishment work, apply in relation to that work.
10
Paragraph (8) (c) does not apply to refurbishment work which —
a
only comprises like for like replacement;
b
is required to be carried out by a contract in writing entered into before 6th April 2011; or
c
is carried out in-house by the operator pursuant to an arrangement made in writing before 6th April 2011.
11
Paragraphs (3) and (8) are subject to any exemption order which applies to the rail vehicle.
Rail vehicles first used, or belonging to a class first used, before 1st January 1999, or certain rail vehicles used on prescribed systems
4
1
This regulation applies to a rail vehicle first brought into use —
a
before 1st January 1999;
b
after 31st December 1998 which belongs to a class of rail vehicle first brought into use before 1st January 1999; or
c
after 31st December 1998 which is constructed or adapted to carry passengers on a prescribed system and which does not conform with the requirements of Part 1 of Schedule 1 when these Regulations come into force.
2
Subject to paragraphs (3) and (7), where after 5th October 2010 and before 1st January 2020 any refurbishment work described in column (2) of the table in Schedule 3 is carried out to a rail vehicle to which this regulation applies, the requirements of Part 1 of Schedule 1, which are indicated in column (3) of that table opposite the description of that work, apply in relation to that work.
3
Paragraph (2) does not apply to refurbishment work which —
a
only comprises like for like replacement;
b
is required to be carried out by a contract in writing entered into before 6th October 2010; or
c
is carried out in-house by the operator pursuant to an arrangement made in writing before 6th October 2010.
4
Subject to paragraph (7), on and after 1st January 2020 the requirements of Part 1 of Schedule 1 apply in relation to a rail vehicle to which this regulation applies.
5
Subject to paragraphs (6) and (7), where after 5th April 2011 any refurbishment work described in column (2) of the table in Schedule 4 is carried out to a rail vehicle to which this regulation applies, the requirements of Part 2 of Schedule 1, which are indicated in column (3) of that table opposite the description of that work, apply in relation to that work.
6
Paragraph (5) does not apply to refurbishment work which —
a
only comprises like for like replacement;
b
is required to be carried out by a contract in writing entered into before 6th April 2011; or
c
is carried out in-house by the operator pursuant to an arrangement made in writing before 6th April 2011.
7
Paragraphs (2), (4) and (5) are subject to any exemption order which applies to the rail vehicle.
Duty on operator of rail vehicles
5
An operator of a rail vehicle to which regulation 3 or 4 applies must not use it for the carriage of passengers unless any requirements made to apply in relation to it by regulation 3 or 4, as the case may be, are complied with.
Enforcement
6
1
It is the duty of the Office of Rail Regulation to make adequate arrangements for the enforcement of these Regulations.
2
Subject to paragraph (5), the provisions of the 1974 Act specified in paragraph (3) (the “specified provisions”) apply for the purposes of the enforcement of these Regulations as if in the specified provisions —
a
a reference to the “enforcing authority” was a reference to the Office of Rail Regulation;
b
a reference to the “relevant statutory provisions” was a reference to these Regulations and to the specified provisions; and
c
a reference to “health and safety regulations” was a reference to these Regulations.
3
The provisions of the 1974 Act referred to in paragraph (2) are —
a
sections 19 and 20 (appointment and powers of inspectors) , excluding section 20(3);
b
sections 21 and 22 (improvement and prohibition notices) ;
c
section 23 (provisions supplementary to sections 21 and 22) , excluding section 23 (3) and (6);
d
section 24 (appeal against improvement and prohibition notices) ;
e
section 26 (power to indemnify inspectors);
f
section 28 (restrictions on disclosure of information) ;
g
sections 33(1) (c), (e) to (h), (j) to (o), 34(2), 35, 36 (1) and (2), 37 to 41 and 42 (1) to (3) (provision as to offences) ; and
h
section 46 (service of notices).
4
The mode of trial and maximum penalty applicable to each offence under section 33 of the 1974 Act so applied and listed in the first column of the following table are set out opposite each offence in the subsequent columns of the table.
Offence Mode of trial Penalty on summary conviction Penalty on conviction on indictment
An offence under section 33(1) (c), (e), (f), (g), (j), (k), (l), (m) or (o). Summarily or on indictment. Imprisonment for a term not exceeding 3 months, or a fine not exceeding level 5 on the standard scale as it has effect from time to time (as if the offence was triable only summarily), or both. Imprisonment for a term not exceeding two years, or a fine, or both. An offence under section 33(1) (h). Summarily only. Imprisonment for a term not exceeding 3 months, or a fine not exceeding level 5 on the standard scale as it has effect from time to time, or both. An offence under section 33(1) (n). Summarily only. A fine not exceeding level 5 on the standard scale as it has effect from time to time.
5
A failure to discharge a duty placed on the Office of Rail Regulation by these Regulations is not an offence under section 33(1) (c) of the 1974 Act.
Revocation and transitional provisions
7
1
The following instruments are revoked —
a
the Rail Vehicle Accessibility Regulations 1998 ; and
b
the Rail Vehicle Accessibility (Amendment) Regulations 2000 .
2
A reference in an exemption order to a provision of the Rail Vehicle Accessibility Regulations 1998 has effect as if it were a reference to the corresponding provision of Part 1 of Schedule 1 to these Regulations indicated in Schedule 5.
Signed by authority of the Secretary of State for Transport
C.D. Mole
Parliamentary Under Secretary of State
Department for Transport
23rd February 2010


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Young People’s Learning Agency for England (Specified Charges) Regulations 2010 and come into force on 1st April 2010.
2
In these Regulations —
“ the Act ” means the Apprenticeships, Skills, Children and Learning Act 2009;
“agreed learning programme” means the course syllabus or other agreement between the course provider and the learner as to the programme of learning to be followed;
“examination fees” means fees payable on being entered for an examination;
“tuition fees” means admission, enrolment, registration and tuition fees relating to a course.
Charges treated as made in relation to the provision of education or training
3
1
The following charges or descriptions of charges are to be treated as made in relation to the provision of education or training for the purposes of section 65 of the Act —
a
tuition fees,
b
examination fees, provided that the conditions mentioned in paragraph (2) are satisfied,
c
charges for equipment or clothing necessary in order to participate in the course.
2
The conditions relating to examination fees are that —
a
the learner has satisfied any reasonable conditions of attendance; and
b
it is the first time that the learner has been entered for the examination (unless the learner had good reason, in the opinion of the course provider, for having failed to complete the examination on a previous occasion).
Charges not to be treated as made in relation to the provision of education or training
4
The following charges or descriptions of charges are not to be treated as made in relation to the provision of education or training for the purposes of section 65 of the Act —
a
charges for board or lodging,
b
charges for field trips or other activities which are not part of an agreed learning programme,
c
charges for the use of leisure facilities,
d
charges for equipment or clothing (except equipment or clothing necessary in order to participate in the course) or learning materials,
e
charges for photocopying or printing,
f
charges for items required to be replaced by the course provider as a result of fault on the part of the learner.
Iain Wright
Parliamentary Under Secretary of State
Department for Children, Schools and Families
2nd March 2010


text:
Citation and commencement
1
This Order may be cited as the Crime and Disorder Act 1998 (Youth Conditional Cautions: Code of Practice) Order 2010.
Code of Practice
2
The code of practice entitled “Code of Practice for Youth Conditional Cautions for 16 & 17 year olds” laid before Parliament on 8 July 2009 shall come into force on the day after the day on which this Order comes into force.
Signed by authority of the Secretary of State
Maria Eagle
Minister of State
25th January 2010
Ministry of Justice


text:
PART 1 PRELIMINARY MATTERS AND INTERPRETATION
Citation and commencement
1
1
These Regulations may be cited as the Tax Treatment of Financing Costs and Income (Correction of Mismatches) Regulations 2010 and come into force on 13th January 2011.
2
These Regulations have effect in relation to periods of account beginning on or after 1st January 2010.
3
But paragraph (2) is subject to regulations 17 (election that specified regulations are not to apply to the worldwide group) and 18 (election that these Regulations are not to apply to periods of account beginning before they are made).
Interpretation
2
1
In these Regulations —
“ CTA 2009 ” means the Corporation Tax Act 2009 ;
“ TIOPA 2010 ” means the Taxation (International and Other Provisions) Act 2010;
“Part 7” means Part 7 of TIOPA 2010 (tax treatment of financing costs and income);
“accounting period” is to be read in accordance with Chapter 2 of Part 2 of CTA 2009 (accounting periods);
“debtor relationship” has the meaning given in section 302 of CTA 2009 (“loan relationship” and other definitions);
“deeply discounted security” has the meaning given in Chapter 8 of Part 4 of the Income Tax (Trading and Other Income) Act 2005 (profits from deeply discounted securities);
“fair value accounting” means a basis of accounting under which assets or liabilities are shown in the company’s balance sheet at their fair value;
“fair value adjustment” means —
an adjustment which brings into account a profit or loss in relation to an asset or liability representing a loan relationship where for the accounting period in question fair value accounting is used, or
where fair value accounting is used in relation to only part of an asset or a liability, an adjustment which brings into account a profit or loss in relation to that part,
and in either case includes an adjustment to bring into account a profit or loss recognised as a result of applying hedge accounting to a fair value hedge;
“fair value hedge” has the meaning for the time being given by international accounting standards;
“financing expense amount” in relation to a company means a financing expense amount of the company other than a financing expense amount that is treated by any provision within Chapter 7 of Part 7 (“financing expense amount” and “financing income amount”) as not being a financing expense amount;
“hedge accounting” has the meaning for the time being given by international accounting standards;
“loan relationship” has the meaning given in section 302 of CTA 2009;
“period of account” means a period of account of the worldwide group ;
“relevant financial relationship” has the meaning given in paragraph (2).
2
In these Regulations, “relevant financial relationship”, in relation to a company, means —
a
a loan relationship of the company where the company stands in the position of a debtor as respects the debt in question;
b
a relationship treated as a loan relationship by virtue of any provision of Part 6 of CTA 2009 (relationships treated as loan relationships, etc ), where the company stands in the position of a debtor as respects the debt in question;
c
an arrangement treated by section 761(2) of the Corporation Tax Act 2010 (deemed loan relationship if borrower is a company) or section 762(2) of that Act (deemed loan relationship if borrower is partnership with corporate member) as if it were a loan relationship of the company or partnership, as the case may be, where the company stands in the position of a debtor as respects the debt in question, but excluding a money debt owed by or to a firm in relation to which the company is required to bring credits and debits into account in accordance with section 380(3) of CTA 2009 (partnerships involving companies).
3
In regulations 14 and 16, the expressions “amortised cost” and “effective interest rate method” have the meaning for the time being given by international accounting standards;
4
In these Regulations, in any case in which either of sections 347 and 348 of TIOPA 2010 (non-compliant and non-existent financial statements of the worldwide group) applies, references to “financial statements” are to those financial statements of the group by reference to which Part 7 is applied.
PART 2 CORRECTION OF MISMATCHES BETWEEN TAX TREATMENT AND ACCOUNTING TREATMENT
Fair value adjustments
3
1
This regulation applies if the conditions given in regulation 4 are satisfied for a period of account.
2
In any case in which Amount A exceeds Amount B in relation to the same relevant financial relationship, there shall be excluded from the available amount the lower of —
a
the amount of the fair value adjustment made in relation to the relevant financial relationship, and
b
the amount of the excess.
3
In any case in which Amount B exceeds Amount A in relation to the same relevant financial relationship, there shall be included in the available amount the lower of —
a
the amount of the fair value adjustment made in relation to the relevant financial relationship, and
b
the amount of the excess.
4
In this regulation —
a
Amount A in relation to a relevant financial relationship of a relevant group company in an accounting period is the amount in respect of the relevant financial relationship which is disclosed in the financial statements of the worldwide group for a period of account and included in the available amount for that period of account, and
b
Amount B in relation to a relevant financial relationship of a relevant group company in an accounting period is the amount which would be brought into account for the purposes of Part 5 of CTA 2009 (loan relationships) in respect of the relevant financial relationship if that amount were calculated by deducting the total financing income amounts relating to the relevant financial relationship from the total financing expense amounts relating to the relevant financial relationship.
5
In any case in which the accounting period of the relevant group company does not coincide with the period of account, it is assumed for the purposes of paragraph (4)(b) that the accounting period of the relevant group company is —
a
the same as the period of account, if the relevant group company is a member of the worldwide group throughout that period of account;
b
in any other case, that part of the period of account during which the relevant group company is a member of the worldwide group.
6
In any case in which, but for this paragraph, Amount B would be a negative amount, Amount B is taken to be zero.
Conditions for the application of regulation 3
4
1
The first condition is that a relevant group company is a party to a relevant financial relationship in a relevant accounting period.
2
The second condition is that a debit in respect of the relevant financial relationship is a financing expense amount of the company.
3
The third condition is that an amount in respect of the relevant financial relationship is included in the available amount otherwise than by virtue of regulation 3.
4
The fourth condition is that a fair value adjustment is made in relation to the relevant financial relationship by the relevant group company in the relevant accounting period.
Late interest treated as not accruing until paid
5
1
This regulation applies in relation to a debit in respect of interest payable under a debtor relationship of a relevant group company if the conditions given in regulation 6 are satisfied.
2
In the period of account in which the interest to which the debit relates is paid, the amount of the debit shall be included in the available amount to the extent that it is not included in the available amount for that period by virtue of any other enactment.
Conditions for the application of regulation 5
6
1
The first condition is that the debit is to be brought into account in a relevant accounting period for the purposes of Part 5 of CTA 2009 by virtue of section 373 of that Act (late interest treated as not accruing until paid in some cases).
2
The second condition is that the debit is a financing expense amount of the company in the period of account in which the interest to which the debit relates is paid.
3
The third condition is that the debit would be brought into account for the purposes of Part 5 of CTA 2009 in an accounting period beginning on or after 1st January 2010 if section 373 of CTA 2009 did not apply.
Adjustment for period of account in which late interest would be a financing expense amount but for section 373 of CTA 2009
7
1
This regulation applies in relation to a debit in respect of interest which has accrued under a debtor relationship of a relevant group company if the conditions given in regulation 8 are satisfied.
2
In the period of account in which the debit would be a financing expense amount of a company but for section 373 of CTA 2009, any amount in respect of the debit that would be included in the available amount but for this paragraph shall be excluded from the available amount.
Conditions for the application of regulation 7
8
1
The first condition is that but for section 373 of CTA 2009 the debit would be a financing expense amount of the company in a period of account.
2
The second condition is that the debit would be brought into account for the purposes of Part 5 of CTA 2009 in an accounting period beginning on or after 1st January 2010 if section 373 of CTA 2009 did not apply.
Postponed debits in relation to deeply discounted securities
9
1
This regulation applies in relation to a debit in respect of a debtor relationship of a relevant group company if the conditions given in regulation 10 are satisfied.
2
In the period of account in which the deeply discounted security to which the debit relates is redeemed, the amount of the debit shall be included in the available amount to the extent that it is not included in the available amount for that period by virtue of any other enactment.
Conditions for the application of regulation 9
10
1
The first condition is that either of sections 407 and 409 of CTA 2009 (postponement until redemption of debits for deeply discounted securities of connected companies and of close companies) requires the debit to be brought into account for the purposes of Part 5 of CTA 2009 in a relevant accounting period.
2
The second condition is that the debit is a financing expense amount of the company in the period of account in which the deeply discounted security is redeemed.
3
The third condition is that a debit in respect of the deeply discounted security would be brought into account for the purposes of Part 5 of CTA 2009 in an accounting period beginning on or after 1st January 2010 if neither of sections 407 and 409 of CTA 2009 applied.
Adjustment where debits in respect of deeply discounted securities would be brought into account but for either of sections 407 and 409 of CTA 2009
11
1
This regulation applies in relation to a debit in respect of a debtor relationship of a relevant group company if the conditions given in regulation 12 are satisfied.
2
In the period of account in which the debit would be a financing expense amount of a company but for either of sections 407 and 409 of CTA 2009, any amount in respect of the debit that would be included in the available amount but for this paragraph shall be excluded from the available amount.
Conditions for the application of regulation 11
12
1
The first condition is that but for either of sections 407 and 409 of CTA 2009 the debit would be a financing expense amount of the company for a period of account.
2
The second condition is that the debit would be brought into account for the purposes of Part 5 of CTA 2009 in an accounting period beginning on or after 1st January 2010 if neither of sections 407 and 409 of CTA 2009 applied.
Loan relationships with embedded derivatives
13
1
This regulation applies in relation to a debit if the conditions given in regulation 14 are satisfied.
2
In the period of account in which the debit is brought into account by the relevant group company, the amount referred to in paragraph (3) shall be included in the available amount to the extent that it is not included in the available amount for that period of account by virtue of any other enactment.
3
The amount is such part of the debit as is directly attributable to the requirement referred to in regulation 14(4).
Conditions for the application of regulation 13
14
1
The first condition is that a debit is brought into account under Part 5 of CTA 2009 in respect of a loan relationship to which section 415 of CTA 2009 (loan relationships with embedded derivatives) applies.
2
The second condition is that the debit is a financing expense amount of the company.
3
The third condition is that an amount in respect of the loan relationship is included in the available amount otherwise than by virtue of regulation 13.
4
The fourth condition is that the debit is required by international accounting standards to be measured at amortised cost using the effective interest rate method.
Debt restructuring
15
1
This regulation applies in relation to a debit if the conditions given in regulation 16 are satisfied.
2
In the period of account in which the debit is brought into account by the relevant group company, the amount referred to in paragraph (3) shall be included in the available amount to the extent that it is not included in the available amount for that period of account by virtue of any other enactment.
3
The amount is such part of the debit as is directly attributable to the requirement referred to in regulation 16(5).
Conditions for the application of regulation 15
16
1
The first condition is that a relevant group company is a party to a relevant financial relationship in a relevant accounting period.
2
The second condition is that a debit in respect of the relevant financial relationship is a financing expense amount of the relevant group company.
3
The third condition is that an amount in respect of the relevant financial relationship is included in the available amount otherwise than by virtue of regulation 15.
4
The fourth condition is that under international accounting standards the relevant financial relationship has been recognised using fair value accounting in the accounts of the relevant group company, in the relevant accounting period or in a previous accounting period, as a new financial liability upon the occurrence of one of the following events —
a
an exchange of the relevant financial relationship for an existing financial liability in substantially different terms, or
b
a substantial modification of the terms of an existing financial liability or part of it,
where in either case the event is accounted for, in relation to the existing financial liability, as an extinguishment of that liability.
5
The fifth condition is that after the initial recognition of the relevant financial relationship using fair value accounting, the debit is required by international accounting standards to be measured at amortised cost using the effective interest rate method.
PART 3 ELECTIONS
Election that specified regulations are not to apply to the worldwide group
17
1
A worldwide group may elect that one or more of the following regulations and pairs of regulations will not apply to it —
a
3;
b
5 and 7;
c
9 and 11;
d
13;
e
15.
2
The election must specify to which regulations or pairs of regulations it relates.
3
The election must comply with the requirements imposed by regulation 19.
4
The election is irrevocable.
Election that these Regulations are not to apply to periods of account beginning before they are made
18
1
A worldwide group may elect that these Regulations are not to apply in relation to periods of account beginning before the date on which these Regulations are made.
2
The election must comply with the requirements imposed by regulation 19.
3
The election is irrevocable.
Election requirements
19
1
The election must be made by the later of —
a
31st March 2011;
b
12 months from the end of the first period of account that begins on or after 1st January 2010.
2
The election must be made by the reporting body.
3
The election must be signed by the appropriate person in relation to the reporting body.
4
In this regulation the “appropriate person”, in relation to a company, means —
a
the proper officer of the company, or
b
such other person as may have the express, implied or apparent authority of the company to act on its behalf for the purposes of these Regulations.
5
Subsections (3) and (4) of section 108 of the Taxes Management Act 1970 (responsibility of company officers: meaning of “proper officer”) apply for the purposes of this regulation as they apply for the purposes of that section.
6
An election which does not comply with the conditions set out in this regulation is of no effect.
7
In this regulation, “the reporting body” has the meaning given by section 277 of TIOPA 2010 (meaning of “the reporting body”).
Mike Eland
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
21st December 2010


text:
Citation and commencement
1
This Order may be cited as the Banking Act 2009 (Exclusion of Insurers) Order 2010 and shall come into force on the day after the day on which it is made.
Interpretation: “bank”
2
In Part 1 (special resolution regime) and Part 2 (bank insolvency) of the Banking Act 2009, “bank” does not include any institution with permission under Part 4 of the Financial Services and Markets Act 2000 (permission to carry on regulated activities) to effect or carry out contracts of insurance as principal.
Tony Cunningham
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
6th January 2010


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Adoption Support Agencies (England) (Amendment) Regulations 2010 and come into force on 1st April 2010.
2
These Regulations apply in relation to England only.
Amendment of the Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005
2
In regulation 4 (exceptions) of the Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005 , insert after paragraph (3) —
4
An undertaking is not an adoption support agency if the undertaking is carried on by an individual who only provides adoption support services (otherwise than in a partnership with others) under a contract for services with either —
a
an agency in respect of which a person is registered under Part 2 of the 2000 Act as the person carrying on the agency, or
b
an adoption agency .
.
Amendment of the Adoption Support Services Regulations 2005
3
In regulation 5 of the Adoption Support Services Regulations 2005 insert after paragraph (1) (b) —
bb
an individual falling within regulation 4(4) of the Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005.
.
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
25th February 2010


text:
Title and commencement
1
The title of this Order is the Coleg Llysfasi College Further Education Corporation (Dissolution) Order 2010 and it comes into force on 1 August 2010.
Dissolution and Transfer
2
On 1 August 2010 Coleg Llysfasi College Further Education Corporation is dissolved and its property, rights and liabilities are transferred to Deeside College Further Education Corporation (Corfforaeth Addysg Bellach Coleg Glannau Dyfrdwy), being a corporate body wholly or mainly engaged in the provision of educational facilities or services.
Transfer of Staff
3
Section 26(2), (3) and (4) of the Further and Higher Education Act 1992 applies to any person employed by Coleg Llysfasi College Further Education Corporation immediately before 1 August 2010 as if the references in that section to —
a
a person to whom that section applies were to a person so employed;
b
the operative date were to 1 August 2010;
c
the transferor were to Coleg Llysfasi College Further Education Corporation; and
d
the corporation were to Deeside College Further Education Corporation (Corfforaeth Addysg Bellach Coleg Glannau Dyfrdwy).
Leighton Andrews
Minister for Children, Education and Lifelong Learning, one of the Welsh Ministers
6 July 2010