text:
Citation and commencement
1
These Regulations may be cited as the Adult Skills (Specified Qualifications) Regulations 2010 and come into force on 1st April 2010.
Interpretation and application
2
1
In these Regulations–
“ the Act ” means the Apprenticeships, Skills, Children and Learning Act 2009;
“an education or training provider” means any body which provides courses of study for qualifications specified in, or for the purposes of, these Regulations;
“the Schedule” means Schedule 5 to the Act.
These Regulations apply in relation to England.
Literacy qualifications
3
For the purposes of paragraph 1(a) of the Schedule, a specified qualification in literacy is a qualification, or description of a qualification, which is assessed by the Chief Executive to be at the level of attainment specified in paragraph 4 of the Schedule.
Numeracy qualifications
4
For the purposes of paragraph 1(b) of the Schedule, a specified qualification in numeracy is a qualification, or description of a qualification, which is assessed by the Chief Executive to be at the level of attainment specified in paragraph 5 of the Schedule.
Vocational qualifications at level 2
5
For the purposes of paragraph 1(c) of the Schedule, a specified vocational qualification at level 2 is a vocational qualification, or description of a vocational qualification, which is assessed by the Chief Executive to be at the level of attainment specified in paragraph 6 of the Schedule.
Qualifications at level 3
6
For the purposes of paragraph 2 of the Schedule, a specified qualification at level 3 is a qualification, or a description of a qualification, which is assessed by the Chief Executive to be at the level of attainment specified in paragraph 7 of the Schedule.
Publication of lists
7
The Chief Executive must make available to the public lists of the specified qualifications and specified vocational qualifications assessed, in exercise of the Chief Executive’s functions under regulations 3, 4, 5 and 6, as being at the relevant level of attainment .
Exclusion for apprentices
8
For the purposes of sections 87(3)(c), 88(2)(c) and 88(4)(c), it is a condition that a person should not be studying for a specified qualification as part of their engagement under the Government arrangements known, at 1st April 2010, as Apprenticeships.
Persons to be treated as not having a specified qualification
9
1
A person is to be treated for the purposes of sections 87(1) or 88(1) of the Act insofar as they are connected with the provision of a course of study for a qualification specified for the purposes of regulation 3, as not having that qualification or a qualification (including one awarded by a person outside England) which appears to the Chief Executive to be at a comparable or higher level if that person–
a
is assessed in accordance with regulation 10 as having literacy skills below the level of attainment described in paragraph 4 of the Schedule; and
b
has been awarded on a previous occasion either–
i
a qualification specified for the purposes of regulation 3; or
ii
a qualification (including one awarded by a person outside England) which appears to the Chief Executive to be at a comparable level to or higher level than a qualification specified for the purposes of regulation 3.
2
A person is to be treated for the purposes of sections 87(1) or 88(1) of the Act insofar as they are connected with the provision of a course of study for a qualification specified for the purposes of regulation 4, as not having that qualification or a qualification (including one awarded by a person outside England) which appears to the Chief Executive to be at a comparable or higher level if that person–
a
is assessed in accordance with regulation 10 as having numeracy skills below the level of attainment described in paragraph 4 of the Schedule; and
b
has been awarded on a previous occasion either–
i
a qualification specified for the purposes of regulation 4; or
ii
a qualification (including one awarded by a person outside England) which appears to the Chief Executive to be at a comparable level to or higher level than a qualification specified for the purposes of regulation 4.
Assessment of skill level
10
1
For the purposes of regulation 9, an education or training provider may assess whether a person has a skill level below the level of attainment demonstrated by paragraphs 3 and 4 of the Schedule.
2
For the purposes of performing the function in subparagraph (1), an education or training provider may select a test or assessment.
Tuition fees
11
For the purposes of section 88(7) of the Act, “tuition fees” include–
a
the costs of any examination for a qualification specified in regulations 3 and 4;
b
the costs of any assessment under regulation 10.
Kevin Brennan
Minister for Further Education, Skills, Apprenticeships and Consumer Affairs
Department for Business, Innovation and Skills
6th March 2010


type: legislation

jurisdiction: UK

text:
PART 1 PRELIMINARY
Citation and commencement
1
1
This Order may be cited as the Environment Agency (Inland Waterways) Order 2010.
2
This Order comes into force on 6th April 2010.
Interpretation
2
In this Order —
“the Agency” means the Environment Agency;
“commercial vessel” means any vessel that is kept or used for any commercial purpose not being a non-charging vessel, and in this definition “non-charging vessel” means a vessel in respect of which neither the owner nor any operator receives any form of payment from any person for or in connection with any voyage or excursion other than as a contribution to the direct expense of operating the vessel during that voyage or excursion;
“master” in relation to a vessel means the person for the time being (whether lawfully or not) having command or charge of the vessel;
“notice” means notice in writing;
“officer”, except in article 21, means an officer or agent of the Agency duly authorised in writing by the Agency to exercise powers conferred by this Order;
“on” in relation to a vessel on the waterways includes in or upon the waterways, whether or not the vessel is floating;
“unincorporated association” does not include a partnership;
“vessel” includes every description of vessel with or without means of propulsion of any kind and includes anything constructed or used to carry persons, goods, plant or machinery, or to be propelled or moved, on, in or by water; and
“waterways” means unless the context otherwise requires any of the waterways described in article 3(2).
Application
3
1
The provisions of this Order apply to the waterways.
2
The waterways are —
a
the waterways for which the Agency is the navigation authority pursuant to the Anglian Water Authority Act 1977 (Schedule 1 of which is set out, as amended by article 28 of this Order, in Schedule 1 of this Order);
b
that part of the River Little Ouse between Brandon Staunch and Brandon Bridge;
c
the Great Ouse Flood Relief Channel between the Head sluice lock at Denver and the Tail sluice at Saddlebrow;
d
the Medway navigation, as defined in paragraph (a) of the definition of “the Medway navigation” in section 32 of the Southern Water Authority Act 1982 ;
e
the Thames within the meaning of section 4 of the Thames Conservancy Act 1932 .
PART 2 REGISTRATION OF VESSELS
Requirement for registration
4
1
An owner or master of a vessel must not keep, let for hire or use the vessel on the waterways unless —
a
the vessel is registered with the Agency under article 5; and
b
any requirement imposed by the Agency under article 8 when registering the vessel is complied with.
2
Paragraph (1) does not apply in relation to a vessel if the vessel is exempted from its provisions by the Agency in accordance with paragraph (3).
3
The Agency may exempt any vessel or class of vessel from the provisions of paragraph (1) if, having regard to all the circumstances, it considers that the application of those requirements is not justified in the interests of the regulation of the waterways.
Duty to register
5
1
Subject to the requirements of articles 6, 7 and 8, the Agency must register a vessel upon the receipt of an application for its registration.
2
Registration will ordinarily be for a period of 1 year from such date following the application for registration as the Agency may determine for the registration in question but the Agency may also if it sees fit register any vessel for such shorter period as it may determine.
3
When registering a vessel, the Agency must —
a
assign a registration number to the vessel; and
b
issue a registration certificate for the vessel.
4
When registering a vessel, the Agency may also —
a
assign a name or mark to the vessel unless the vessel is also registered under section 8 of the Merchant Shipping Act 1995 ; and
b
issue a registration plate for the vessel.
5
Any name assigned to a vessel on its registration is to be —
a
the name of the vessel specified in the application for the vessel’s registration; or
b
such alternative name as the applicant may propose and which is acceptable to the Agency if the Agency determines that it is necessary to assign a different name to the vessel in order to avoid any confusion as to the identity of the vessel or the possibility of causing offence to any person.
6
The Agency may from time to time designate different categories of vessel either by reference to types, classes or sizes of vessel, or by reference to the use or location of vessels or by any combination of such means or other means for the purposes of any of the following requirements —
a
registration under article 5;
b
insurance under article 11;
c
construction and equipment standards under article 12; and
d
additional requirements for commercial vessels under article 15.
General requirements for registration
6
The requirements for registration of a vessel are —
a
presentation to the Agency —
i
in such manner as it may require of the particulars set out in Schedule 2;
ii
of such additional information as the Agency may require respecting the characteristics and location of the vessel; and
b
payment of the registration charge applicable under any enactment in respect of the registration of the vessel by the Agency.
Refusal and revocation of registration
7
1
The Agency may refuse to register a vessel if the requirements of article 6 have not been complied with or if the Agency has previously revoked the registration of the vessel under paragraph (3) or (4).
2
The Agency may refuse to register a vessel if, having regard to the information supplied in accordance with article 6(a), it is not satisfied at the time when it determines the application that —
a
there is in force a policy of insurance for the vessel which complies with the requirements of Schedule 3 where such a policy is required by article 11; and
b
the vessel is constructed and equipped in accordance with such specification as may for the time being be prescribed by the Agency for such a vessel under article 12.
3
Following receipt of any representation concerning a vessel (including any representation from an officer of the Agency), the Agency may refuse to register the vessel and it may revoke an existing registration of a vessel if, in its reasonable opinion and having regard to the representation, it is in the interest of safety.
4
The Agency may revoke the registration of a vessel if it appears to it that —
a
the basis upon which the vessel was registered was or has become incorrect in any material respect; and
b
any requirements imposed in respect of the vessel under article 8 have not been complied with.
5
The Agency must give notice to the owner, and, if different, the person who applied for registration, of a vessel of any refusal or revocation of registration in relation to it and in doing so must give its reasons.
6
Before refusing or revoking a registration under paragraph (3) or (4) the Agency must provide the owner of the vessel with an opportunity to make oral or written representations.
7
Subject to paragraph (8), an owner or another person with the owner’s consent may complain to a magistrates’ court under Part II of the Magistrates’ Court Act 1980 against the refusal or revocation of a registration under paragraph (3) or (4) and, if the court decides that such refusal or revocation is unreasonable, the Agency must register the vessel without delay.
8
The imposition of any requirement for insurance under article 11, or any question concerning the imposition of a standard or specification for a vessel under article 12, may not be the subject of complaint under paragraph (7).
Requirements in respect of registered vessels
8
1
The Agency may make it a requirement of the registration of a vessel under article 5 that any one or more of the following means of identification is displayed on the vessel in such manner as the Agency may specify in order to allow the vessel to be identified —
a
the registration number of the vessel;
b
any name or mark assigned to the vessel; and
c
any registration certificate and plate issued for the vessel.
2
The Agency may make it a requirement of the registration of a vessel under article 5 that —
a
the use of the vessel on the waterways is limited to the use specified in the category for which it is registered;
b
any change in ownership of the vessel is notified to the Agency by the transferor; and
c
any registration certificate or plate issued in respect of the vessel is surrendered to the Agency at the end of the registration period.
Liability of owner on transfer of ownership
9
For the purposes of the requirements of this Order and any other enactment referred to in this Order applicable to the waterways, a person who is the owner of a vessel registered under this Order and who transfers ownership of the vessel is to be deemed to remain the owner of the vessel until that person has given notice to the Agency in writing of the name and address of the person to whom ownership of the vessel has been transferred.
Provision of information
10
1
This article applies to information which is held by or on behalf of the Agency for the purposes of this Order (including information obtained by or on behalf of the Agency before the coming into force of this article).
2
Information may be supplied to a responsible authority for the purposes of facilitating the exercise of the Agency’s functions under this Order or any functions of that authority.
3
Information may be supplied to any person who can show to the satisfaction of the Agency or the Secretary of State reasonable cause for wanting the particulars to be made available to that person.
4
Information obtained by virtue of this article must not be further disclosed except to a responsible authority for the purposes mentioned in paragraphs (2) and (3).
5
In this article, “responsible authority” means any of the following —
a
the chief officer of police for any police area in which the waterways are situated;
b
the fire authority for any area in which the waterways are situated;
c
the enforcing authority within the meaning given by section 18 of the Health and Safety at Work etc Act 1974 for any area in which the waterways are situated;
d
the local planning authority within the meaning given by the Town and Country Planning Act 1990 for any area in which the waterways are situated;
e
the local authority by which statutory functions are exercisable in any area in which the waterways are situated in relation to minimising or preventing the risk of pollution of the environment or of harm to human health;
f
in relation to a vessel —
i
a navigation authority within the meaning of section 221(1) of the Water Resources Act 1991 ;
ii
the British Waterways Board; or
iii
the Secretary of State.
6
In this article, “statutory function” means a function conferred by or under any enactment.
PART 3 FURTHER REGULATION OF VESSELS
Insurance
11
1
The owner or master of a vessel must not keep, let for hire or use the vessel on the waterways unless there is in force in relation to the vessel a policy of insurance complying with the requirements of Schedule 3.
2
The requirements of paragraph (1) do not apply in relation to a vessel to the extent that the vessel is exempted by the Agency from those requirements.
3
The Agency may exempt any unpowered vessel or class of unpowered vessel from the application of paragraph (1) to such extent and upon such terms and conditions as it may determine if, having regard to its assessment of the risk of damage or injury which such insurance would provide cover against, it considers such exemption appropriate.
Construction and equipment standards
12
1
The Agency may impose in relation to vessels such reasonable standards and specifications relating to construction and equipment for one or more of the following purposes —
a
securing the safety of persons or property;
b
the prevention of damage or injury to persons or property; or
c
the prevention of noise or pollution.
2
Different standards and specifications may be imposed by the Agency for the purposes of paragraph (1) in relation to different categories of vessels and in relation to different parts of the waterways.
3
Any such standard or specification imposed by the Agency may include requirements as to the maintenance, use and operation of appliances, fittings and equipment on a vessel and may extend to anything which is only temporarily installed or used on a vessel.
4
An owner or master of a vessel to which any standard or specification imposed under paragraph (1) applies must not keep, let for hire or use the vessel on the waterways otherwise than in accordance with that standard or specification.
5
The requirements of paragraph (1) and (4) do not apply in relation to a vessel to the extent that the vessel is exempted by the Agency from those requirements.
6
The Agency may exempt any vessel or class of vessel from the requirements of paragraph (1) and (4) to such extent and upon such terms and conditions as it may determine if, having regard to all the circumstances, it considers that the application of those requirements is not justified by reference to the purposes listed in the paragraph.
7
When exercising power under this article, the Agency must have regard to reasonable standards and specifications imposed by other persons for the purposes specified in paragraph (1) and to the desirability of achieving common standards in relation to the regulation of vessels by different persons.
Standards appeals panel
13
1
A panel, referred to in this Order as “the standards appeals panel”, must be established by the Agency and operate in accordance with the provisions of Schedule 4.
2
The standards appeals panel is to determine —
a
any question as to whether a vessel to which this article applies complies with a standard or specification imposed under article 12; and
b
any question as to the reasonableness of a standard or specification prescribed under article 12,
if the question is the subject of an application made in accordance with paragraph (3).
3
An application to refer a question to the standards appeals panel must be made in writing to the Agency and signed by —
a
the owner of the vessel in the case of a question arising under paragraph (2)(a); and
b
not less than six persons, each of whom is the owner of a vessel to which this article applies in the case of a question arising under paragraph (2)(b).
4
This article applies to a vessel which is either —
a
registered under article 5; or
b
would be registered under article 5 but for a refusal or revocation of registration on the grounds of a failure to comply with standard or specification under article 12.
Inspection of vessels
14
1
The owner or master of a vessel on the waterways must provide reasonable facilities for the inspection of the vessel by any person exercising powers of entry pursuant to sections 169 or 172 of the Water Resources Act 1991 for the purpose of ascertaining whether any requirement under or by virtue of this Order is being complied with.
2
For the purposes of any inspection under this article, the owner or master of the vessel must cause the whole of any installation on the vessel to be made available for inspection.
Additional requirements for commercial vessels
15
1
The Agency may from time to time determine to impose additional requirements in relation to commercial vessels on the waterways for the purposes of safety or amenity or the proper regulation of navigation.
2
Without prejudice to the generality of paragraph (1), the requirements which the Agency may determine to impose in relation to commercial vessels include —
a
requirements in relation to the number of persons who may be carried;
b
requirements in relation to the procedures to be followed when letting vessels for hire; and
c
except in relation to a vessel when let for hire without a master and crew, requirements in relation to the number and availability of the crew and the qualifications and competencies of the master and crew of such vessels.
3
Different requirements may be determined by the Agency for the purposes of paragraph (1) in relation to different categories of commercial vessel and in relation to different parts of the waterways.
4
An owner or master of a commercial vessel to which any requirements determined under paragraph (1) apply must not keep, let for hire or use the vessel on the waterways otherwise than in accordance with those requirements.
5
Paragraph (4) does not apply in relation to a vessel to the extent that the vessel is exempted by the Agency from requirements determined under paragraph (1).
6
The Agency may exempt any vessel or class of vessel from requirements prescribed under paragraph (1) to such extent and upon such terms and conditions as it may determine if, having regard to all the circumstances, it considers that the application of those requirements is not justified in the interests of safety or amenity, or in the interests of the proper regulation of navigation.
7
When exercising power under this article, the Agency must have regard to additional requirements in relation to commercial vessels imposed by other persons for the purposes specified in paragraph (1) and to the desirability of achieving common standards in relation to the regulation of vessels by different persons.
Removal of unregistered vessels
16
1
The Agency may relocate on or remove from the waterways any vessel which is not registered under this Order if —
a
the Agency has given notice under this paragraph; and
b
the requirements of paragraph (5) do not apply.
2
A notice under paragraph (1)(a) must —
a
identify the vessel in respect of which the notice is served and its approximate location;
b
state that if the owner fails either to apply for the registration of the vessel or to remove the vessel before the expiry of a period specified in the notice and being not less than 28 days from the date when the notice is first given under paragraph (3)(a), the Agency may relocate or remove the vessel and recover all expenses reasonably incurred in doing so from the owner; and
c
state that the vessel and its contents, once relocated or removed by the Agency, are liable to vest in and be disposed of by the Agency
3
A notice under paragraph (1)(a) must be given —
a
by fixing a copy of the notice on the vessel or in a conspicuous place in the vicinity of the vessel; and
b
unless the Agency has made such enquiries as it may determine are reasonable to ascertain the name and address of the owner of the vessel but has been unable to do so, by serving a copy of the notice on the owner of the vessel.
4
Section 123(1) to (4) of the Environment Act 1995 (service of documents) applies to the service of a notice under paragraph (3)(b) as it applies to the service of notice under that Act.
5
The Agency must not relocate or remove a vessel under this article if, within the period specified in the notice given for the purposes of paragraph (2)(b) in respect of the vessel, the owner of the vessel —
a
applies for the registration of the vessel; or
b
enters into an agreement with the Agency on such terms as the Agency may see fit for the removal of the vessel from the waterways.
6
The Agency may recover from the owner of any vessel relocated or removed under this article all expenses reasonably incurred by the Agency in respect of the relocation or removal and storage of the vessel or in relocating, removing or storing anything attached to or carried in or on the vessel.
7
A vessel relocated or removed by the Agency under this article (together with anything attached to or carried in or on the vessel) vests in the Agency 3 months after the date the notice was first given by the Agency under paragraph (3)(a) in respect of the vessel.
8
If within 24 months of the date the notice was first given under paragraph (3)(a) in respect of a vessel a claim is made to the vessel or to anything attached to or carried in or on the vessel by a person who subsequently proves to the satisfaction of the Agency that the person is its owner, then the Agency must —
a
if the property is unsold and upon payment of the expenses referred to in paragraph (6), permit that person to retake it and, in the case of a vessel, together with anything attached to or carried in or on the vessel which has not been proved to the Agency’s satisfaction to belong to another; or
b
if it has been sold, pay to that person the amount of the proceeds of such sale after deducting the expenses referred to in paragraph (6) and the costs incurred in selling (including where appropriate valuing) the vessel and, if those proceeds are insufficient to reimburse the Agency those expenses, the deficiency may be recovered from that person by the Agency.
9
Subject to paragraph (8)(b), the proceeds of the sale of any vessel vested in the Agency under paragraph (7) must be spent by the Agency only in the carrying out of its navigation functions.
10
In this article “vessel” includes any part of the vessel.
Power to require information, etc.
17
1
In response to a demand made by an officer who produces, if requested, written evidence of that officer’s authority —
a
the master of any vessel on the waterways must give the officer particulars of that master’s name and address together with such particulars as are available to the master to verify the master’s identity, and (if known to the master) the name and address of the owner of the vessel;
b
the master of any vessel on the waterways must produce for inspection by the officer any registration certificate or plate issued in respect of the vessel and any exemption granted under this Order and in force for the time being in relation to the vessel;
c
the owner or master of any vessel on the waterways must give the officer such information as is available to that person respecting the construction and equipment of the vessel and its compliance with the requirements of article 12;
d
the owner or master of any vessel must give the officer such information as is available to that person regarding any policy of insurance in force in relation to the vessel; and
e
the owner of any vessel on the waterways must give the officer particulars of the name and address of, or such other particulars as are available to that person to assist the identification of any person who, at any time specified by the officer, was acting as master of the vessel.
2
Any person who fails to give or produce any information or document required by an officer under paragraph (1) must, if then so required by the officer, give or produce that information or document within 28 days —
a
by presenting it in person at an office of the Agency; or
b
by serving it by post within that period on such office of the Agency as is specified by the officer making the request.
PART 4 PROVISIONS AS TO OFFENCES
Offences
18
1
Any person who contravenes or attempts to contravene or knowingly allows a contravention of —
a
the requirements of article 4(1) (requirement for registration);
b
the terms of any exemption granted under article 4(3) (requirement for registration), article 11(3) (insurance), article 12(6) (construction and equipment standards) or article 15(6) (additional requirements for commercial vessels);
c
the requirements of article 11(1) (insurance);
d
the requirements of article 12(4) (construction and equipment standards);
e
the requirements of article 14(1) (inspection of vessels); or
f
the requirements of article 15(4) (additional requirements for commercial vessels),
is guilty of an offence.
2
Any person who fails, without reasonable cause, proof of which lies on that person, to give or produce any information demanded under article 17 (power to require information, etc.), or in giving or producing it makes any statement which that person knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, is guilty of an offence.
3
For the purposes of paragraph (2) a person is to be treated as making a false statement if that person produces, furnishes, signs or otherwise makes use of a document that contains a false statement.
4
A person guilty of an offence under this article is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Proceedings for offences
19
Proceedings for an offence under this Order may be instituted only by or with the consent of the Agency.
Defence of due diligence
20
1
In proceedings for an offence under article 18(1)(d) it is a defence for the person charged to prove that that person charged took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
2
If in any case the defence provided under paragraph (1) involves the allegation that the commission of the offence was due to the act or default of another person, the person charged may not, without leave of the court, be entitled to rely on that defence unless, within a period ending 7 clear days before the hearing, the person charged has served on the prosecutor a notice in writing giving such information as was then in that person’s possession, identifying, or assisting in the identification of, that other person.
Offences by bodies corporate etc.
21
1
If an offence committed by a body corporate is shown —
a
to have been committed with the consent or connivance of an officer; or
b
to be attributable to any neglect on the part of an officer,
the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
2
If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with that member’s functions of management as if the member were a director of the body.
3
In paragraph (1) “officer”, in relation to a body corporate, means —
a
a director, member of the committee of management, chief executive, manager or other similar officer of the body, or a person purporting to act in any such capacity; and
b
an individual who is a controller of the body.
4
If an offence committed by a partnership is shown —
a
to have been committed with the consent or connivance of a partner, or
b
to be attributable to any neglect on the part of a partner,
the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
5
In paragraph (4) “partner” includes a person purporting to act as a partner.
6
If an offence committed by an unincorporated association is shown —
a
to have been committed with the consent or connivance of an officer of the association or a member of its governing body; or
b
to be attributable to any neglect on the part of such an officer or member,
that officer or member as well as the association is guilty of the offence and liable to be proceeded against and punished accordingly.
7
Regulations made under section 187(7) of the Licensing Act 2003 (regulations in respect of offences by foreign bodies) are to have effect with necessary modifications in relation to the provisions of this article.
8
In this article “offence” means an offence under this Order.
Jurisdiction and procedure in respect of offences
22
1
A fine imposed on a partnership or an unincorporated association on its conviction for an offence is to be paid out of the funds of the partnership or association.
2
Proceedings for an offence alleged to have been committed by a partnership or an unincorporated association must be brought in the name of the partnership or association (and not in that of any of its members).
3
Rules of court relating to the service of documents are to have effect as if the partnership or association were a body corporate.
4
In proceedings for an offence brought against a partnership or an unincorporated association, section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980 (procedure) apply as they do in relation to a body corporate.
5
Proceedings for an offence may be taken —
a
against a body corporate, partnership or unincorporated association at any place at which it has a place of business; and
b
against an individual at any place where that person is for the time being.
6
Paragraph (5) does not affect any jurisdiction exercisable apart from this article.
7
In this article “offence” means an offence under this Order.
PART 5 MISCELLANEOUS
Charging
23
Without prejudice to any other power available to it, the Agency may demand, take and recover or waive such charges for or in connection with the use of the waterways and for any services or facilities provided by it in connection with the waterways as it thinks fit.
Consultation
24
1
The Agency must consult with such organisations as appear to the Agency to be representative of users of the waterways in relation to the exercise by it of its functions under this Order.
2
Matters for consultation pursuant to paragraph (1) include the introduction of or material alteration to —
a
registration requirements;
b
insurance requirements;
c
construction and equipment standards; and
d
additional requirements for commercial vessels.
Publication
25
The Agency must take such steps as it considers are reasonably necessary to publicise the existence and to disclose the details of —
a
any exception given by the Agency under article 4(2);
b
any designation of a category of vessel made by the Agency under article 5(6);
c
the imposition of any standards and specifications by the Agency under article 12;
d
the imposition of additional requirements by the Agency in relation to commercial vessels under article 15; and
e
any agreement entered into by the Agency under article 26.
Agreements with others
26
1
The Agency may enter into agreements with any other person for the purpose of —
a
facilitating the administration of provisions for the regulation of vessels on the waterways (including the provisions of this Order); and
b
integrating such administration with the administration by that person of any powers and controls exercised by that person or other arrangements made by that person for the regulation of vessels.
2
In particular, any such agreement may provide —
a
for treating registration or other certificates issued by one of the parties to the agreement as certificates issued by the other;
b
for treating distinguishing marks or numbers assigned to vessels registered or certified by one party to the agreement as having been assigned to that vessel by the other; and
c
for apportioning any registration fees or other charges between the parties to the agreement.
3
To the extent provided by any such agreement, any certificate issued by a party to such an agreement is to be deemed for the purposes of this Order to have been issued by the Agency, and any mark, number or other distinguishing sign displayed on a vessel in accordance with the requirements of a person who is a party to such an agreement is to be treated as complying with the requirements of this Order.
Disapplication of requirements of 1907 Act
27
A licence under section 94 of the Public Health Acts Amendment Act 1907 is not required —
a
in respect of a vessel on the waterways if the vessel is subject to requirements as to its construction and equipment which have been imposed under article 12; or
b
in respect of any person in charge of or navigating that vessel if that person is subject to requirements imposed under article 15.
Enlargement and re-definition of Anglian recreational waterways
28
1
The Anglian Water Authority Act 1977 is modified to extend the waterways for which the Agency is the navigation authority to include —
a
that part of the River Little Ouse between Brandon Staunch and Brandon Bridge; and
b
the Great Ouse Flood Relief Channel between the Head sluice lock at Denver and the Tail sluice at Saddlebrow.
2
In consequence of paragraph (1) —
a
Breckland District Council is no longer the navigation authority for the part of the River Little Ouse referred to in that paragraph;
b
the Act of 1670 intituled “An Act for making navigable the Rivers commonly called Brandon and Waveney” and the Act of 1810 intituled “An Act for amending an Act of the twenty second year of His late Majesty King Charles the Second so far as the same relates to the River Brandon otherwise the Lesser Ouse from the White House near Brandon Ferry to Thetford in Norfolk in the Counties of Norfolk and Suffolk and for improving the navigation of the said River” cease to have effect in relation to that part of the River Little Ouse; and
c
for Schedule 1 to the Anglian Water Authority Act 1977 there is substituted the replacement Schedule set out in Schedule 1 to this Order.
Consequential amendments
29
Schedule 5 (which makes miscellaneous minor amendments consequential on the other provisions of this Order) has effect.
Repeal and revocation of enactments
30
1
The enactments mentioned in the first and second columns of Part 1 of Schedule 6 are repealed to the extent specified in the third column.
2
The byelaws set out in Part 2 of Schedule 6 (which were made under enactments repealed by this article) are also revoked to the extent specified in that Part.
3
The transitional provisions set out in Schedule 7 have effect.
Huw Irranca-Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
4th March 2010


text:
Title and commencement
1
This Order may be cited as the Plant Health (England) (Amendment) (No. 2) Order 2010 and comes into force on 10th January 2011.
Amendments to the Plant Health (England) Order 2005
2
1
The Plant Health (England) Order 2005 is amended as follows.
2
In article 2(1), after the definition of “Decision 2004/416/EC ”, insert —
“Decision 2008/840/EC ” means Commission Decision 2008/840/EC on emergency measures to prevent the introduction into and the spread within the Community of Anoplophora chinensis (Forster), as amended from time to time;
.
3
In the table in Schedule 3, for the entry in column 3 corresponding to item 10, substitute —
Belarus, Moldova, Russia, Turkey, Ukraine and any third country not in mainland Europe, other than Egypt, Israel, Libya, Morocco or Tunisia
.
4
In the table in Schedule 3, after item 15, insert —
16 Plants for planting, other than seeds,
of Acer spp. until the end of April 2012
China
5
In the table in Schedule 4, Part A —
a
for the entry in column 2 corresponding to item 52, substitute —
Soil or growing medium that —
a
is attached to, or accompanies, plants for the purpose of sustaining the vitality of those plants;
b
consists —
i
wholly or partly of soil or any solid organic substance such as parts of plants or humus (including peat or bark); or
ii
partly of any solid inorganic substance; and
c
originates from —
i
Belarus, Georgia, Moldova, Russia, Turkey or Ukraine; or
ii
any country outside Europe, other than Algeria, Egypt, Israel, Libya, Morocco or Tunisia
; and
b
for item 81, substitute —
81 Specified plants within the meaning of Article 1(a) of Decision 2008/840/EC originating in China Without prejudice to the requirements in items 4, 12 and 14 of Schedule 3 and items 11, 12, 19, 20, 22, 23, 27 to 30, 48, 50 to 52, 55, 60, 61, 64, 65 and 70 of Part A of this Schedule, the plants shall be accompanied by an official statement containing the information in point (1) of Section 1(B) of Annex I to Decision 2008/840/EC and the place of production of those plants shall comply with the requirements set out in Article 2a(1)(c) of Decision 2008/840/EC 82 Specified plants within the meaning of Article 1(a) of Decision 2008/840/EC originating in any third country where Anoplophora chinensis (Forster) is known to occur, other than China Without prejudice to the requirements in items 4, 12 and 14 of Schedule 3 and items 11, 12, 19, 20, 22, 23, 27 to 30, 48, 50 to 52, 55, 60, 61, 64, 65 and 70 of Part A of this Schedule, the plants shall be accompanied by an official statement containing the information in point (1) of Section 1(A) of Annex I to Decision 2008/840/EC
Henley
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
9th December 2010


text:
Citation and commencement
1
1
This Order may be cited as the Housing and Regeneration Act 2008 (Moratorium) (Prescribed Steps) Order 2010.
2
This Order comes into force on 1st April 2010.
Prescribed steps
2
Any step to enforce security over land held by a registered provider of social housing shall be a prescribed step for the purposes of sections 144 or 145 of the Housing and Regeneration Act 2008.
Signed by authority of the Secretary of State for Communities and Local Government
Ian Austin
Parliamentary under Secretary of State
Department for Communities and Local Government
8th March 2010


text:
PART 1 INTRODUCTORY
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Education (Short Stay Schools) (Closure) (England) Regulations 2010 and come into force on 1st September 2010.
2
They apply to short stay schools in England.
3
In these Regulations —
“alternative arrangements” has the meaning given by regulation 3(3),
“alternative arrangements direction” has the meaning given by regulation 3(4),
“the Chief Inspector” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills,
“closure direction” means a direction under section 68(1) of the Education and Inspections Act 2006 .
PART 2 ARRANGEMENTS FOLLOWING CLOSURE DIRECTION
Duty to make statement of proposals following closure direction
2
1
This regulation applies where a local authority has been given a closure direction in relation to a short stay school.
2
The authority must prepare a written statement of the arrangements it proposes to make under section 19 of the Education Act 1996 to replace the education provision which will be lost as a result of the closure direction.
3
The statement must include information about —
a
the number of children and young persons for whom education is expected to be provided under the proposed arrangements, and their ages;
b
the nature of the education to be provided (including any specific needs which the education is expected to be capable of meeting);
c
the means by which the education is expected to be provided.
4
Before the end of the permitted period the authority must send a copy of the statement to the Secretary of State and the Chief Inspector.
5
“The permitted period” is —
a
the period of 28 days beginning with the date on which the closure direction was given, or
b
if the Secretary of State is of the opinion that the urgency of the case requires a shorter period, such shorter period as the Secretary of State may specify when the closure direction is given.
Power to give alternative arrangements direction
3
1
This regulation applies where —
a
the Secretary of State has given a closure direction to a local authority in relation to a short stay school, and
b
one or more of the conditions in paragraph (2) is met.
2
The conditions are —
a
that the authority has failed to send a copy of the statement prepared under regulation 2(2) to the Secretary of State in accordance with regulation 2(4);
b
that the authority has sent a copy of the statement prepared under regulation 2(2) to the Secretary of State in accordance with regulation 2(4) but the Secretary of State is not satisfied that the arrangements proposed by the authority are adequate;
c
that the Secretary of State is of the opinion that the urgency of the case requires a direction under paragraph (3) to be given without delay.
3
The Secretary of State may give a direction to the authority as to the arrangements (“the alternative arrangements”) to be made by it under section 19 of the Education Act 1996 to replace the education provision which will be lost as a result of the closure direction.
4
A direction under paragraph (3) (an “alternative arrangements direction”) may (in particular) —
a
specify the number of children and young persons for whom education is to be provided under the alternative arrangements, and their ages;
b
specify the nature of the education to be provided (including any specific needs which the education is to be capable of meeting);
c
specify the means by which the education is to be provided;
d
require the authority to invite bids from education providers for the provision of education under the alternative arrangements;
e
include requirements about the management and review of the alternative arrangements.
5
An alternative arrangements direction may not specify the particular provider by whom education is to be provided.
6
If an alternative arrangements direction includes a requirement to invite bids as provided for in paragraph (4)(d), the requirement may in particular —
a
relate to all or part of the education to be provided under the alternative arrangements;
b
specify the manner in which the invitation to bid must be made;
c
specify the date by which the invitation must be issued; and
d
specify the period during which the authority must allow for bids to be made.
7
The Secretary of State must send a copy of any alternative arrangements direction to the Chief Inspector.
Compliance with alternative arrangements direction
4
1
This regulation applies when a local authority —
a
has been given a closure direction in relation to a short stay school; and
b
is given an alternative arrangements direction as a result of the closure direction.
2
The local authority must secure that the education to be provided under the alternative arrangements, in accordance with the alternative arrangements direction, is provided from the closure date until the alternative arrangements direction is revoked in accordance with regulation 6 (2).
3
The “closure date” is the date specified in the closure direction for the discontinuance of the short stay school.
4
The duty imposed by paragraph (1) does not affect the local authority’s duty under section 19 of the Education Act 1996 (exceptional provision of education in short stay schools or elsewhere).
Duty to report on bid process
5
1
This regulation applies when —
a
an alternative arrangements direction given to a local authority includes a requirement to invite bids as provided for in regulation 3(4)(d);
b
the authority has issued the invitation to bid; and
c
the period for making bids has expired.
2
The authority must prepare a written report on the bid process and send it to the Secretary of State within 28 days of the expiry of the period for making bids.
3
The report must state —
a
the steps taken by the authority to invite bids; and
b
details of any bids received.
4
If any bids were received by the authority the report must give —
a
a description of any arrangements the authority has entered into, or is proposing to enter into, as a result of the bids; or
b
if no arrangements are to be entered into as a result of the bids, the reason for this.
Alternative arrangements directions: supplementary
6
1
An alternative arrangements direction may make different provision for different purposes.
2
An alternative arrangements direction may be varied or revoked by the Secretary of State at any time after the direction is given.
3
If the Secretary of State varies or revokes an alternative arrangements direction, the Secretary of State must notify in writing —
a
the Chief Inspector, and
b
the local authority to whom the direction was given.
PART 3 CONSENT FOR CLOSURE
Short stay schools: closure subject to consent of Secretary of State
7
1
In either of the circumstances specified in paragraph (2) in relation to a short stay school, a local authority must obtain the consent of the Secretary of State before discontinuing the school.
2
The circumstances are —
a
that the circumstances set out in paragraphs (a) and (b) of section 62 of the Education and Inspections Act 2006 apply in relation to the school (special measures required), or
b
that the Chief Inspector has notified the school that an inspection of the school is to take place under section 5 or 8 of the Education Act 2005 .
3
In the circumstances specified in paragraph (2)(b), the requirement in paragraph (1) to obtain consent ceases to apply when —
a
a report of the inspection is published under section 11 of the Education Act 2005, or
b
the Chief Inspector gives notice to the authority that no report of the inspection is to be made.
PART 4 TRANSITIONAL PROVISIONS
Transitional provision: references to “local authority”
8
Until an order under section 162(1)(a) of the Education and Inspections Act 2006 comes into force, these regulations have effect as if each reference to a local authority were a reference to a local education authority.
Vernon Coaker
Minister of State
Department for Children, Schools and Families
29th March 2010


text:
Citation and commencement
1
This Order may be cited as the Isles of Scilly (Functions) (Adoption and Children Act 2002) Order 2010 and comes into force on 26th April 2010.
Exercise and performance of functions under the Adoption and Children Act 2002
2
The Council of the Isles of Scilly shall exercise and perform the functions conferred or imposed on local authorities under the Adoption and Children Act 2002 .
Dawn Primarolo
Minister of State
Department for Children, Schools and Families
29th March 2010


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Employer Debt and Miscellaneous Amendments) Regulations 2010.
2
These Regulations come into force on 6th April 2010.
3
In these Regulations, “the 2005 Regulations ” means the Occupational Pension Schemes (Employer Debt) Regulations 2005 .
Amendment of the Pension Protection Fund (Multi-employer Schemes) (Modification) Regulations 2005
2
In regulation 1(3) of the Pension Protection Fund (Multi-employer Schemes) (Modification) Regulations 2005 (interpretation) —
a
in sub-paragraphs (a) and (b), for “C or D” substitute “C, D or E”,
b
after sub-paragraph (a)(iv), insert —
v
condition E is that —
aa
there is a restructuring within regulation 6ZB or 6ZC of the Occupational Pension Schemes (Employer Debt) Regulations 2005 (employment-cessation events: exemptions) ;
bb
in that restructuring, the employer was the exiting employer for the purposes of those Regulations (see the definition of “exiting employer” in regulation 2(3A) of those Regulations (interpretation) ); and
cc
regulation 6ZA(3) or (4) of those Regulations (employment-cessation events: general) does not apply in relation to that restructuring;
, and
c
after sub-paragraph (b)(iv), insert —
v
condition E is that —
aa
there is a restructuring within regulation 6ZB or 6ZC of the Occupational Pension Schemes (Employer Debt) Regulations 2005 (employment-cessation events: exemptions);
bb
in that restructuring, the employer was the exiting employer for the purposes of those Regulations (see the definition of “exiting employer” in regulation 2(3A) of those Regulations (interpretation)); and
cc
regulation 6ZA(3) or (4) of those Regulations (employment-cessation events: general) does not apply in relation to that restructuring.
.
Amendment of the Pension Protection Fund (Entry Rules) Regulations 2005
3
1
The Pension Protection Fund (Entry Rules) Regulations 2005 are amended as follows.
2
In regulation 1(5) (interpretation) —
a
in sub-paragraphs (a) and (b), for “C or D” substitute “C, D or E”,
b
after sub-paragraph (a)(iv), insert —
v
condition E is that —
aa
there is a restructuring within regulation 6ZB or 6ZC of the Occupational Pension Schemes (Employer Debt) Regulations 2005 (employment-cessation events: exemptions);
bb
in that restructuring, the employer was the exiting employer for the purposes of those Regulations (see the definition of “exiting employer” in regulation 2(3A) of those Regulations (interpretation)); and
cc
regulation 6ZA(3) or (4) of those Regulations (employment-cessation events: general) does not apply in relation to that restructuring;
, and
c
after sub-paragraph (b)(iv), insert —
v
condition E is that —
aa
there is a restructuring within regulation 6ZB or 6ZC of the Occupational Pension Schemes (Employer Debt) Regulations 2005 (employment-cessation events: exemptions);
bb
in that restructuring, the employer was the exiting employer for the purposes of those Regulations (see the definition of “exiting employer” in regulation 2(3A) of those Regulations (interpretation)); and
cc
regulation 6ZA(3) or (4) of those Regulations (employment-cessation events: general) does not apply in relation to that restructuring.
.
3
In regulation 2(4) (schemes which are not eligible schemes) , after sub-paragraph (d) insert —
e
a restructuring within regulation 6ZB or 6ZC of those Regulations.
.
Amendment of regulation 2 of the 2005 Regulations
4
1
Regulation 2 of the 2005 Regulations (interpretation) is amended as follows.
2
In paragraph (1) —
a
omit the definitions of “ PPF ” and “statutory funding objective”,
b
after the definition of “the Board for Actuarial Standards”, insert —
“the Board of the PPF” means the Board of the Pension Protection Fund ;
,
c
after the definition of “the corresponding assets”, insert —
“defined benefits”, in relation to a member of an occupational pension scheme, means benefits which are not money purchase benefits (but the rate or amount of which is calculated by reference to earnings or service of the member or any other factor other than an amount available for their provision);
,
d
for the definition of “employment-cessation event”, substitute —
“employment-cessation event” has the meaning given in regulation 6ZA;
,
e
after the definition of “the Taxes Act”, insert —
“technical provisions” has the meaning given by section 222(2) of the 2004 Act;
,
f
omit the definition of “updated actuarial assessment”, and
g
after the definition of “updated asset assessment”, insert —
“updated liabilities assessment” means the actuary’s assessment of any changes in the liabilities of the scheme in respect of pensions and other benefits between —
the effective date of the actuary’s estimate of the solvency of the scheme (as defined in regulation 7(6) of the Scheme Funding Regulations ) included in the most recent actuarial valuation of the scheme received by the trustees or managers —
under section 224 of the 2004 Act (actuarial valuations and reports); or
where the trustees or managers have not received an actuarial valuation under section 224, which the actuary thinks it is appropriate to use, and
the applicable time;
.
3
After paragraph (3), insert —
3A
For the purposes of a restructuring within regulations 6ZB or 6ZC —
“exiting employer” means an employer —
in relation to a multi-employer scheme,
who employs at least one active member of the scheme in respect of whom defined benefits are accruing, and
in respect of whom a relevant event has not occurred; and
“receiving employer” means an employer who, on the date on which there is a restructuring within regulation 6ZB or 6ZC, is —
an employer in relation to the same multi-employer scheme as the exiting employer,
either —
associated (within the meaning in section 435 of the Insolvency Act 1986 or section 74 of the Bankruptcy (Scotland) Act 1985 ) with the exiting employer, or
the new legal status of the exiting employer,
employing at least one active member of the scheme in respect of whom defined benefits are accruing, and
an employer in respect of whom a relevant event has not occurred.
.
Amendment of regulation 5 of the 2005 Regulations
5
1
Regulation 5 of the 2005 Regulations (calculation of the amount of scheme liabilities and value of scheme assets) is amended as follows.
2
For paragraph (4)(b), substitute —
b
any amounts which are —
i
treated as a debt due to the trustees or managers under —
aa
section 75(2) or (4) of the 1995 Act (deficiencies in assets);
bb
section 228(3) of the 2004 Act (amounts due in accordance with a schedule of contributions);
cc
sections 59(2) (determination of contributions: supplementary) or 60(5) (serious underprovision) of the 1995 Act as they were in force before 30th December 2005;
dd
section 75(1) of the 1995 Act as it was in force before 6th April 2005; or
ee
section 144(1) of the 1993 Act (deficiencies in the assets of a scheme on winding up) as it was in force before 6th April 1997, and
ii
unlikely to be recovered without disproportionate cost or within a reasonable time;
.
3
For paragraph (7), substitute —
7
For the purposes of paragraph (6) —
a
“external liabilities” means such liabilities of the scheme as are shown in —
i
the net assets statement in the relevant accounts; or
ii
an estimate used for the purposes of an updated asset statement,
except that the liabilities in paragraph (8) are to be disregarded; and
b
the amount of the external liabilities is —
i
where sub-paragraph (a)(i) applies, the amount shown in the statement referred to in that sub-paragraph in respect of the external liabilities; or
ii
where sub-paragraph (a)(ii) applies, the amount shown in the estimate referred to in that sub-paragraph in respect of the external liabilities.
.
4
In paragraph (10)(a), omit “(“the receiving scheme”)”.
5
At the beginning of paragraph (12), insert “For the purposes of paragraph (11),”.
6
In paragraphs (14) and (17)(b), for “updated actuarial assessment” substitute “updated liabilities assessment”.
Amendment of regulation 6 of the 2005 Regulations
6
1
Regulation 6 of the 2005 Regulations (multi-employer schemes: general) is amended as follows.
2
In paragraph (1)(e)(i), after “an amount equal to” insert “the sum of any unpaid expenses which were incurred by the scheme in connection with a previous employment-cessation event occurring to the employer and”.
3
After paragraph (4)(a) , insert —
aa
where there is a restructuring within regulation 6ZB or 6ZC and regulation 6ZA(3) or (4) does not apply in relation to that restructuring, all of the liabilities in relation to the scheme which were attributable to the exiting employer shall be attributed to the receiving employer;
.
Insertion of regulations 6ZA to 6ZD of the 2005 Regulations
7
After regulation 6 of the 2005 Regulations, insert —
Employment-cessation events: general
6ZA
1
In these regulations, “employment-cessation event” means, subject to paragraphs (2) to (6), an event which —
a
occurs in relation to a multi-employer scheme,
b
is not a relevant event, and
c
subject to regulation 6A, occurs on the date on which —
i
an employer has ceased to employ at least one person who is an active member of the scheme, and
ii
at least one other employer who is not a defined contribution employer continues to employ at least one active member of the scheme.
2
Subject to paragraphs (3) and (4), an employment-cessation event does not occur where there is a restructuring within regulation 6ZB or 6ZC.
3
An employment-cessation event occurs where there is a restructuring within regulation 6ZB and within six years of that, it becomes apparent that —
a
the exiting employer or receiving employer provided the trustees or managers with —
i
incorrect information, or
ii
incomplete information,
and the trustees or managers are satisfied that they would have made a different decision in step 4 in regulation 6ZB(9) if they had had the correct or complete information,
b
step 6 has not been completed in accordance with regulation 6ZB(13) and (14), or
c
step 7 has not been completed in accordance with regulation 6ZB(15) and (16).
4
An employment-cessation event occurs where there is a restructuring within regulation 6ZC and within six years of that, it becomes apparent that —
a
step 4 has not been completed in accordance with regulation 6ZC(9) and (10), or
b
step 5 has not been completed in accordance with regulation 6ZC(11) and (12).
5
An employment-cessation event does not occur where —
a
there is a restructuring within regulation 6ZB or 6ZC,
b
at any time after that, it becomes apparent that any step has not been completed in accordance with regulation 6ZB or 6ZC, and
c
paragraphs (3) and (4) of this regulation do not apply.
6
Where an employment-cessation event occurs in accordance with paragraph (3) or (4) —
a
section 75(4) of the 1995 Act applies as if the amount of the debt due from the exiting employer is treated as a debt due from the exiting employer and the receiving employer jointly and severally,
b
the date on which the employment-cessation event occurs is the date referred to in paragraph (1)(c), and
c
for the purposes of calculating the exiting employer’s liability proportion for the purposes of the exiting employer’s liability share, the liabilities attributable to employment with the exiting employer shall be determined as if nothing had been done in relation to carrying out any of the steps in regulations 6ZB or 6ZC.
Employment-cessation events: exemptions
6ZB
1
There is a restructuring within this regulation if each of steps 1 to 6 in the following paragraphs are completed and the date on which there is a restructuring within this regulation is the date on which step 6 has been completed.
2
Each of steps 2 to 7 can only be carried out if the previous step has been completed.
3
Step 1 is for the exiting employer to write to the trustees or managers asking them to make a decision for the purposes of this regulation.
4
The exiting employer decides whether and when to carry out step 1.
5
Step 2 is for the exiting employer and receiving employer (unless the receiving employer has not yet been created) to provide any information which the trustees or managers —
a
may request, and
b
are satisfied is necessary to complete step 4.
6
The trustees or managers must request any information, and the exiting employer and receiving employer must provide any information, for the purposes of completing step 2 without undue delay.
7
Step 3 is for the trustees or managers to consult —
a
the exiting employer about the decision to be made in step 4, and
b
the receiving employer about the decision to be made in step 4, unless the receiving employer has not yet been created.
8
The trustees or managers must complete step 3 without undue delay.
9
Step 4 is for the trustees or managers to decide whether they are satisfied that the receiving employer will be at least as likely —
a
as the exiting employer to meet all the exiting employer’s liabilities in relation to the scheme, and
b
to meet any liabilities in relation to the scheme which the receiving employer has immediately before step 6 is carried out.
10
The trustees or managers must —
a
complete step 4 without undue delay, and
b
consider, when carrying out step 4, factors including, but not limited to, any material change in legal, demographic or economic circumstances, as described in regulation 5(4)(d) of the Scheme Funding Regulations, that would justify a change to the method or assumptions used on the last occasion on which the scheme’s technical provisions were calculated.
11
Step 5 is for the trustees or managers to send —
a
the exiting employer, and
b
the receiving employer, unless the receiving employer has not yet been created,
their decision in step 4, and the reasons for that decision, in writing.
12
The trustees or managers must complete step 5 without undue delay.
13
Step 6 is for —
a
the receiving employer to take over responsibility, under a legally enforceable agreement, for all of the exiting employer’s —
i
assets,
ii
employees, and
iii
scheme members, and
b
all of the exiting employer’s liabilities in relation to the scheme to be —
i
taken over by the receiving employer under a legally enforceable agreement so that the receiving employer is responsible for them, or
ii
where it is impossible for the receiving employer to take over the exiting employer’s liabilities in relation to the scheme under a legally enforceable agreement, treated for all purposes as being the responsibility of the receiving employer.
14
The receiving employer decides whether to carry out step 6, but the receiving employer can only carry out step 6 —
a
where the trustees or managers decided in step 4 that they are satisfied,
b
where the trustees or managers are satisfied that there has been no change which would alter that decision in step 4, and
c
within the 18 weeks, or such longer period up to a total of 36 weeks as the trustees or managers may choose, after the date of the written decision in step 5.
15
Step 7 is for the receiving employer and exiting employer to send the trustees or managers written confirmation —
a
that step 6 has been completed, and
b
of the date on which step 6 was completed.
16
The receiving employer and exiting employer must complete step 7 without undue delay.
17
In this regulation, liabilities in relation to the scheme means all such liabilities including, but not limited to, any —
a
liabilities which —
i
have accrued to or in respect of scheme members, and
ii
are attributable to the employer under regulation 6(4),
b
amounts treated as a debt due to the trustees or managers of the scheme, including such debts due in accordance with section 75 of the 1995 Act,
c
liabilities or amounts which have been apportioned to the employer in —
i
a scheme apportionment arrangement,
ii
an exercise of a scheme apportionment rule before 6th April 2008, or
iii
a regulated apportionment arrangement,
d
liabilities which were attributed to the employer as part of a previous restructuring within this regulation or regulation 6ZC,
e
amount for which the employer is a guarantor under a withdrawal arrangement or an approved withdrawal arrangement,
f
payments which are due to be made by the employer under —
i
the schedule of contributions, or
ii
any recovery plan, and
g
liability share of the employer.
6ZC
1
There is a restructuring within this regulation if each of steps 1 to 4 in the following paragraphs are completed and the date on which there is a restructuring within this regulation is the date on which step 4 has been completed.
2
Each of steps 2 to 5 can only be carried out if the previous step has been completed.
3
Step 1 is for the exiting employer to write to the trustees or managers asking them to make a decision for the purposes of this regulation.
4
The exiting employer decides whether and when to carry out step 1.
5
Step 2 is for the trustees or managers to decide whether they are satisfied that the following four conditions are met —
a
the assets of the scheme are at least equal to the protected liabilities of the scheme,
b
either —
i
there are only one or two relevant members, or
ii
no more than 3% of the total number of scheme members in respect of whom defined benefits have accrued are relevant members,
c
the annual amount of accrued pension in respect of the relevant members does not exceed the maximum amount where —
i
the annual amount of accrued pension includes pensions in payment and pensions not in payment,
ii
the annual amount of accrued pensions in payment means the most recent payment of pension to each relevant member multiplied to produce an estimated annual amount,
iii
the annual amount of accrued pensions not in payment means the annual amount of pension to which each relevant member has accrued rights, and
iv
the maximum amount means —
aa
in the year commencing on 6th April 2010, £20,000, and
bb
in any subsequent year, £20,000 plus £500 for each year after the year commencing on 6th April 2010, and
d
if any restructurings within this regulation in relation to the scheme have occurred in the three years before step 4 is completed, those restructurings and the restructuring which occurs when step 4 is completed involve a combined total of —
i
no more than —
aa
five scheme members in respect of whom defined benefits have accrued, or
bb
7.5% of the total number of scheme members in respect of whom defined benefits have accrued,
whichever is the higher, and
ii
no more than £50,000 of the annual amount of accrued pension as calculated for the purposes of sub-paragraph (c).
6
The trustees or managers must complete step 2 —
a
without undue delay, and
b
using the figures contained in the most recent —
i
actuarial valuation under section 179 of the 2004 Act (valuations to determine scheme underfunding) for the assets and protected liabilities of the scheme, and
ii
scheme return within the meaning in section 65(2) of the 2004 Act (scheme returns: supplementary) for the number of members of the scheme.
7
Step 3 is for the trustees or managers to send —
a
the exiting employer, and
b
the receiving employer, unless the receiving employer has not yet been created,
their decision in step 2 in writing.
8
The trustees or managers must complete step 3 without undue delay.
9
Step 4 is for —
a
the receiving employer to take over responsibility, under a legally enforceable agreement, for all of the exiting employer’s —
i
assets,
ii
employees, and
iii
scheme members, and
b
all of the exiting employer’s liabilities in relation to the scheme (as defined in regulation 6ZB(17)) to be —
i
taken over by the receiving employer under a legally enforceable agreement so that the receiving employer is responsible for them, or
ii
where it is impossible for the receiving employer to take over the exiting employer’s liabilities in relation to the scheme under a legally enforceable agreement, treated for all purposes as being the responsibility of the receiving employer.
10
The receiving employer decides whether to carry out step 4, but the receiving employer can only carry out step 4 —
a
where the trustees or managers decided in step 2 that they are satisfied, and
b
within the 18 weeks, or such longer period up to a total of 36 weeks as the trustees or managers may choose, of the date of the written decision in step 3.
11
Step 5 is for the receiving employer and exiting employer to send the trustees or managers written confirmation —
a
that step 4 has been completed, and
b
of the date on which step 4 was completed.
12
The receiving employer and exiting employer must complete step 5 without undue delay.
13
In this regulation, “relevant members” means scheme members in respect of whom defined benefits accrued as a result of pensionable service with the exiting employer.
6ZD
1
The trustees or managers may decide that any costs incurred by them as a result of the steps in regulation 6ZB or 6ZC are to be met by the exiting employer, the receiving employer or both.
2
The trustees or managers may make a decision under paragraph (1) —
a
at any time during the steps in regulation 6ZB or 6ZC, or
b
within one month after the final step in either of those regulations is completed.
3
Where the trustees or managers make such a decision —
a
they must write to the exiting employer, the receiving employer or both (as the case may be) with details of their costs, and
b
the exiting employer, the receiving employer or both (as the case may be) must pay those costs.
.
Amendment of regulation 6B of the 2005 Regulations
8
1
Regulation 6B of the 2005 Regulations (scheme apportionment arrangements) is amended as follows.
2
For paragraph (2), substitute —
2
Paragraph (1) does not apply where paragraph (3) or (4) applies.
.
3
After paragraph (2), insert —
3
This paragraph applies where —
a
the employer’s scheme apportionment arrangement share will be higher than the liability share, and
b
the trustees or managers are satisfied that the employer is able to pay the scheme apportionment arrangement share.
4
This paragraph applies where —
a
the scheme has commenced winding-up by the date the scheme apportionment arrangement is entered into,
b
the employer’s scheme apportionment arrangement share will be lower than that employer’s liability share,
c
the trustees or managers are satisfied that it is likely that the employer —
i
will be able to pay the scheme apportionment arrangement share, and
ii
would have been unable to pay the liability share if it applied,
d
the trustees or managers are satisfied that it is likely that any of the employers who —
i
are remaining in the scheme, and
ii
are not defined contribution employers,
will be able to pay any amount by which the employer’s scheme apportionment arrangement share will be less than the employer’s liability share,
e
the scheme is not in an assessment period, and
f
the trustees or managers are satisfied that an assessment period is unlikely to begin in relation to the scheme within the following 12 months.
.
Amendment of regulation 6C of the 2005 Regulations
9
In regulation 6C(2) of the 2005 Regulations (withdrawal arrangements) —
a
for “When the” substitute “Where a”, and
b
for sub-paragraph (b) substitute —
b
section 75(4) of the 1995 Act shall apply as if amount B is treated as a debt due from the guarantors at the guarantee time for which (if there is more than one guarantor) they are jointly liable or, if the withdrawal arrangement so provides, jointly and severally liable.
.
Amendment of regulation 9 of the 2005 Regulations
10
1
Regulation 9 of the 2005 Regulations (frozen schemes and former employers) is amended as follows.
2
In paragraph (3) in both sub-paragraphs (c)(iii) and (d), for “A to I” substitute “A to J”.
3
In paragraph (13), after “becoming due from him” insert “under section 75(2) or (4) of the 1995 Act”.
4
After paragraph (14), insert —
14A
Condition J is that —
a
as a result of a restructuring occurring within regulation 6ZB or 6ZC, no debt was treated as becoming due from the person under section 75(2) or (4) of the 1995 Act, and
b
regulation 6ZA(3) or (4) does not apply in relation to that restructuring.
.
Amendment of regulation 12 of the 2005 Regulations
11
In regulation 12(1) of the 2005 Regulations (multi-employer money purchase schemes) in the substituted paragraph (1B), omit the words from “in accordance with the guidance given in GN 19” to the end.
Amendment of regulation 14 of the 2005 Regulations
12
1
Regulation 14 of the 2005 Regulations (schemes covering United Kingdom and foreign employment) is amended as follows.
2
In paragraphs (2)(b), (4)(b) and (6)(b), for “form set out in Schedule 1” substitute “forms set out in Schedules 1, 1C and 1D”.
3
In paragraph (4)(a), for “approved and unapproved” substitute “registered and unregistered”.
Amendment of regulation 15 of the 2005 Regulations
13
In regulation 15(2)(b) of the 2005 Regulations (schemes with partial government guarantee), for “form set out in Schedule 1” substitute “forms set out in Schedules 1, 1C and 1D”.
Amendment of regulation 16 of the 2005 Regulations
14
For regulation 16 of the 2005 Regulations (modification of schemes: apportionment of section 75 debts) , substitute —
Modification of schemes: apportionment of section 75 debts
16
1
This regulation prescribes a purpose for which the trustees of a trust scheme (whether or not a money purchase scheme) may by resolution modify the scheme under section 68 of the 1995 Act (power of trustees to modify schemes by resolution).
2
The purpose is to enable —
a
a scheme apportionment arrangement, or
b
a regulated apportionment arrangement,
to be entered into.
3
No modification may be made for the purpose in paragraph (2) unless the trustees have consulted such employers in relation to the scheme as they think appropriate.
.
Amendment of regulation 17 of the 2005 Regulations
15
In regulation 17(1) of the 2005 Regulations (disregard of staying of voluntary winding up of employer for purposes of section 75 of the 1995 Act), for “section 75(6D)(i)” substitute “section 75(6D)(b)(i)”.
Amendment of Schedule 1 to the 2005 Regulations
16
1
Schedule 1 to the 2005 Regulations (actuary’s certificate of total difference between scheme assets and liabilities) is amended as follows.
2
In the first paragraph in the certificate , for “assets in scheme” substitute “assets of the scheme”.
3
Omit the third paragraph in the Notes .
4
In the fifth paragraph in the Notes, for “updated actuarial assessment” substitute “updated liabilities assessment”.
5
After the sixth paragraph in the Notes, insert —
The total amount of the employer’s debt will be the amount stated in paragraph 2 of the certificate plus any cessation expenses (as defined in regulation 2(1) of the Employer Debt Regulations). See regulation 6(1)(e)(ii) of the Employer Debt Regulations.
.
Amendment of Schedule 1B to the 2005 Regulations
17
1
Schedule 1B to the 2005 Regulations (notifiable events) is amended as follows.
2
In paragraph 1(2), omit paragraphs (e) and (g).
3
In paragraph 3(1), omit “under paragraph 1 or 2” the first time it appears.
Amendment of Schedule 1C to the 2005 Regulations
18
1
Schedule 1C to the 2005 Regulations (actuary’s certificate for withdrawal arrangement share or approved withdrawal arrangement share in multi-employer scheme) is amended as follows.
2
For the third paragraph in the certificate, substitute —
Valuation principles
3
The scheme’s assets and liabilities are valued in accordance with —
a
section 75(5) of the Pensions Act 1995, and
b
regulations 5, 6[, 6C(3) and 7(5)] [delete as appropriate] of the Employer Debt Regulations.
.
3
In the first paragraph in the Notes, for the definition of “relevant transfer deduction” substitute —
“relevant transfer deduction” means the amount of the relevant transfer liabilities less the value of the corresponding assets;
.
4
Omit the second paragraph of the Notes.
5
In the fourth paragraph in the Notes, for “updated actuarial assessment” substitute “updated liabilities assessment”.
6
After the last paragraph in the Notes, insert —
The total amount of the employer’s debt will be the amount of the (approved) withdrawal arrangement share stated in paragraph 2 of the certificate plus any cessation expenses (as defined in regulation 2(1) of the Employer Debt Regulations). See regulation 6(1)(e)(ii) of the Employer Debt Regulations.
.
Amendment of Schedule 1D to the 2005 Regulations
19
1
Schedule 1D to the 2005 Regulations (actuary’s certificate for amount B under a withdrawal arrangement or an approved withdrawal arrangement in a multi-employer scheme) is amended as follows.
2
In the second paragraph of the certificate, for “Occupational Pension Schemes (Employer Debt) Regulations 2005” substitute “Employer Debt Regulations”.
3
Omit the third paragraph in the Notes .
4
In the penultimate paragraph in the Notes, for “updated actuarial assessment” substitute “updated liabilities assessment”.
Amendment of the Pensions Regulator (Financial Support Directions etc. ) Regulations 2005
20
In regulation 15(2) of the Pensions Regulator (Financial Support Directions etc.) Regulations 2005 (former employers) —
a
for “A, AA, AB, B, C or D”, substitute “condition A, AA, AB, B, C, D or E”, and
b
after sub-paragraph (d), insert —
e
condition E is that —
i
as a result of a restructuring occurring within regulation 6ZB or 6ZC of the Occupational Pension Schemes (Employer Debt) Regulations 2005 (employment-cessation events: exemptions), no section 75 debt became due; and
ii
regulation 6ZA(3) or (4) of those Regulations (employment-cessation events: general) does not apply in relation to that restructuring.
.
Amendment of the Occupational Pension Schemes (Scheme Funding) Regulations 2005
21
In paragraph 3(2) of Schedule 2 to the Occupational Pension Schemes (Scheme Funding) Regulations 2005 (multi-employer schemes: frozen or paid-up schemes) , for “paragraph (1)” substitute “sub-paragraph (1)”.
Amendment of the Occupational Pension Schemes (Employer Debt and Miscellaneous Amendments) Regulations 2008
22
1
Regulation 2 of the Occupational Pension Schemes (Employer Debt and Miscellaneous Amendments) Regulations 2008 (commencement and transitional provisions) is amended as follows.
2
In paragraph (3), at the end of sub-paragraph (b) insert —
, and
c
the scheme had not ceased to have active members.
.
3
In paragraph (4), for “, as it appeared in regulation 6(4) of the old Regulations,” substitute “referred to in paragraph (4A)”.
4
After paragraph (4), insert —
4A
The definition referred to in this paragraph is the definition of “employment-cessation event” as it appeared in regulation 6(4) of the old Regulations but with “who is not a defined contribution employer” inserted after “when at least one other person”.
.
Signed by authority of the Secretary of State for Work and Pensions.
Angela Eagle
Minister of State,
Department for Work and Pensions
10th March 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Norfolk Community Health and Care National Health Service Trust (Establishment) Order 2010 and shall come into force on 1st November 2010.
2
In this Order —
“ the Act ” means the National Health Service Act 2006;
“community health services” means any service which the Secretary of State has a duty to provide under section 3(1)(d) or (e) of, or paragraph 1 or 8 of Schedule 1 to, the Act and any service which the Secretary of State may provide under paragraph 2 or 7A of that Schedule;
“the trust” means the National Health Service trust established by article 2.
Establishment and name of trust
2
There is established a National Health Service trust which shall be called the Norfolk Community Health and Care National Health Service Trust.
Nature and functions of the trust
3
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 executive directors and 5 non-executive directors.
2
If the Secretary of State suspends the chairman, or a non-executive director of the trust, the number of non-executive directors of the trust shall increase during the period of suspension by the number of persons so suspended.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st November 2010.
2
The accounting date of the trust shall be 31st March.
Transfer of staff to the trust
6
The Norfolk Primary Care Trust has made a scheme for the purposes of paragraph 8(1)(b) of Schedule 4 to the Act for the transfer of staff to the trust.
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
7th October 2010


text:
Citation, commencement and extent
1
This Order may be cited as the Assured Tenancies (Amendment) (England) Order 2010 and shall come into force on 1st October 2010.
2
This Order extends to England only.
Increase in rental threshold
3
1
Schedule 1 to the Housing Act 1988 (tenancies which cannot be assured tenancies) is amended in accordance with paragraph (2).
2
In sub-paragraph (1)(b) of paragraph 2 of Schedule 1 (tenancies of dwelling-houses with high rateable values) for “£25,000” substitute “£100,000”.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
22nd March 2010


text:
Citation and commencement
1
These byelaws may be cited as the Atomic Weapons Establishment Blacknest Byelaws 2010 and shall come into force on 11th February 2011.
Interpretation
2
1
In these byelaws —
“aircraft” includes any craft or device which is for the time being airborne;
“Appointed Person” means the Crown servant who has been appointed by the Secretary of State for Defence to be responsible for the Protected Area and Controlled Area;
“Controlled Area” means the area of land that is coloured blue on the byelaws map set out in the Schedule to these byelaws;
“firearm” has the same meaning as in the Firearms Act 1968 ;
“headquarters” means a headquarters or organisation designated by an Order in Council under section 1 of the International Headquarters and Defence Organisations Act 1964 ;
“lawful user” means any constable, Crown servant, member of a visiting force or headquarters, employee of AWE plc or its contractors and agents, or person in possession of a written permission from the Appointed Person;
“offensive weapon” means any article —
made or adapted for use for causing injury to persons, animals or birds or for trapping animals or birds; or
intended by the person having it with him for such use or for threatening such use by him or by some other person;
“Protected Area” means the area of land that is coloured pink on the byelaws map set out in the Schedule to these byelaws;
“service authorities” means naval, military or air force authorities;
“short lead” means a lead of fixed length and of not more than two metres;
“site exempt vehicle” means any vehicle used solely within the confines of the Protected Area and the Controlled Area by a lawful user; and
“visiting force” means any body, contingent or detachment of the forces of a country for the time being present in the United Kingdom on the invitation of Her Majesty’s Government in the United Kingdom and any member of the civilian component of that force as defined in section 10 of the Visiting Forces Act 1952 .
2
The Protected Area and the Controlled Area together comprise an area of land known as the Atomic Weapons Establishment Blacknest shown for illustrative purposes only on the location map set out in the Schedule to these byelaws.
Application
3
These byelaws apply to Protected Area and the Controlled Area.
Prohibited Activities – Protected Area
4
No person shall —
a
enter or leave the Protected Area except by way of an official entrance or exit;
b
remain in the Protected Area after having been directed to leave by a constable or person described in byelaw 11;
c
obstruct a lawful user acting in the proper exercise of their duty within the Protected Area;
d
cause or permit any vehicle, aircraft, animal or thing to enter the Protected Area;
e
take any visual image of any person or thing within the Protected Area;
f
gain entry to the Protected Area as a result of making any false statement, either orally or in writing, or by employing any other form of misrepresentation;
g
board, or interfere with the movement of any vehicle or aircraft within the Protected Area;
h
remove, interfere with, or obstruct the use of, any property within the Protected Area which is under the control of the Crown or the service authorities of either a visiting force or a headquarters, or the agents or contractors of the Crown or such service authorities;
i
deface any sign, wall, fence, structure or other surface within the Protected Area; or
j
fail to comply with any signs displayed within the Protected Area.
Use of the Controlled Area by the Public
5
Subject to the provisions of these byelaws, members of the public are permitted to use all parts of the Controlled Area not specially enclosed or entry to which is not shown by signs or fences as being prohibited or restricted, for any lawful purpose at all times when the Controlled Area is not being used for the military purpose for which it is appropriated.
Prohibited Activities – Controlled Area
6
No person shall within the Controlled Area —
a
obstruct a lawful user or any other person acting in the proper exercise of his duty;
b
enter any part which is enclosed or entry to which is shown by a sign as being prohibited or restricted;
c
carry any firearm or offensive weapon;
d
remove, interfere with, or obstruct the use of, any property which is under the control of the Crown or the service authorities of either a visiting force or a headquarters, or the agents or contractors of the Crown or such service authorities;
e
camp in tents, caravans, trees or otherwise;
f
cause any nuisance, or behave in an indecent or obscene manner;
g
deposit any industrial refuse, rubble, waste or litter or abandon any vehicle or vehicle part or any other article;
h
act in any way likely to cause annoyance, nuisance or injury to other persons;
i
light fires or do anything likely to cause an outbreak of fire;
j
fail to keep under control any dog or other animal;
k
fail to keep any dog on a short lead during the period beginning with 1 st March and ending with 31 st July in each year;
l
fail to remove all waste created by any dog or other animal under their control;
m
deface any sign, wall, fence, structure or other surface;
n
engage in any trade or business of any description or ride, drive, conduct or cause to be ridden, driven or conducted, use or employ any animal or vehicle of any kind or use any audible means either wholly or mainly for the purpose of trade or advertisement;
o
damage, cut or remove any crops, turfs, plants, roots or trees;
p
graze any animal;
q
kill or trap any birds or animals, or take or destroy their eggs;
r
dig or search for any item or interfere with or take any item found; or
s
fail to comply with any signs displayed within the Controlled Area.
Control of Road Traffic
7
1
Every person who rides a bicycle or drives a vehicle shall —
a
ride or drive on the road;
b
comply with any directions given by a constable or person described in byelaw 11;
c
comply with all traffic signs; and
d
ride or drive with due care and attention.
2
No person shall ride a bicycle or drive a vehicle on the road during the hours of darkness without using the appropriate lights which must be used when on a public highway during the hours of darkness.
3
No person shall —
a
drive any vehicle other than a site exempt vehicle without holding a valid driving licence; or
b
be in charge of any vehicle other than a site exempt vehicle unless the vehicle is insured for their use and is in a roadworthy condition.
4
No person shall stop or park any vehicle where “No Parking” or “No Waiting” notices are displayed, except for the purposes of loading or unloading passengers or goods.
5
For the purposes of this byelaw “hours of darkness” means the time between half an hour after sunset and half an hour before sunrise.
Offences
8
Any person who contravenes byelaw 4, 6 or 7 commits an offence.
Exemptions
9
1
These byelaws shall not apply to anything done —
a
by a lawful user in connection with the discharge of their functions; or
b
by a person acting under and in accordance with any permission given in writing by the Appointed Person.
2
Nothing in these byelaws shall injuriously affect or obstruct the lawful exercise of any private right of the owners or occupiers of the adjacent properties at —
a
Blacknest Farm Scion Business Park; and
b
the Lodge, Brimpton Common,
in or over the Controlled Area.
Enforcement
10
In order to —
a
prevent the breach of any provision of byelaws 4, 6 or 7; or
b
prevent any nuisance, disorder, obstruction or damage to the land or any property within the Protected Area and the Controlled Area;
a constable or person described in byelaw 11 may direct any person to leave or to remove any vehicle, aircraft, animal or thing over which they have control from the Protected Area and the Controlled Area, and any person to whom such a direction is made shall comply with it as soon as practicable.
11
The following persons are authorised to remove from the Protected Area and the Controlled Area and to take into custody without warrant any person committing an offence against these byelaws and to remove from those Areas any vehicle, animal, vessel or thing found there in contravention of these byelaws —
a
the Appointed Person;
b
any officer, warrant officer, or non–commissioned officer in uniform and acting under the instructions of the Appointed Person; and
c
any other Crown servant authorised in writing by the Appointed Person.
Andrew Robathan
Parliamentary Under Secretary of State
Ministry of Defence
11th October 2010