text:
Title, application and commencement
1
These Regulations may be cited as the Agriculture (Cross compliance) (No. 2) Regulations 2009; they apply in England and come into force on 15th January 2010.
Designation
2
The Secretary of State is the competent national authority for the purposes of Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers .
Standards of Good Agricultural and Environmental Condition
3
1
The standards of good agricultural and environmental condition set out in Schedule 1 apply as minimum requirements for the purposes of Article 6 of, and Annex III to, Council Regulation (EC) No 73/2009 .
2
But the provisions of Schedule 2 set out the circumstances in which breach of a provision of Schedule 1 does not constitute non-compliance.
Permanent pasture
4
1
If it is established that the ratio in Article 3(1) of Commission Regulation ( EC ) No 1122/2009 (laying down detailed rules for the implementation of Council Regulation (EC) No 73/2009 as regards cross-compliance, modulation and the integrated administration and control system, under the direct support schemes for farmers provided for that Regulation, as well as for the implementation of Council Regulation (EC) No 1234/2007 as regards cross-compliance under the support scheme provided for the wine sector ) is decreasing, the Secretary of State must prohibit a claimant from converting land under permanent pasture, in accordance with Article 4(1) of that Regulation.
2
If it is established that the obligation in Article 3(2) of that Regulation cannot otherwise be met, the Secretary of State must oblige a claimant to reconvert land to permanent pasture in accordance with Article 4(2) of that Regulation.
3
But the Secretary of State must not —
a
prohibit a claimant from converting land under permanent pasture where the claimant turned that land into permanent pasture in the circumstance mentioned in Article 4(3) of that Regulation, or
b
require a claimant to reconvert land where the claimant turned that land into permanent pasture in the circumstance mentioned in Article 4(3) of that Regulation and later converted it out of permanent pasture.
Competent control authorities
5
1
The Secretary of State is the competent control authority for the purposes of Article 48(1) of Commission Regulation (EC) No 1122/2009 except as otherwise specified in this regulation.
2
The Environment Agency is the competent control authority for —
a
the statutory management requirements numbered 2, 3 and 4 in Annex II to Council Regulation (EC) No 73/2009 ,
b
control of authorisation for abstraction for use in irrigation under Annex III to that Regulation; and
c
control of requirements relating to the conditions for land application of fertiliser near watercourses under the footnote to Annex III to that Regulation.
3
Natural England must carry out controls for the purposes of Article 8 and Chapters I and III of Title III of Part II of Commission Regulation (EC) No 1122/2009 , if requested to do so by the Secretary of State.
4
The Secretary of State and the Environment Agency enforce these Regulations, and they or Natural England (if Natural England are acting under paragraph (3)) may authorise in writing persons to enforce them.
Powers of authorised persons
6
1
An authorised person may exercise any of the powers specified in this regulation for the purpose of enforcing Council Regulation (EC) No 73/2009 , Commission Regulation (EC) No 1122/2009 , or these Regulations.
2
A person so authorised, on producing, if so required, some duly authenticated document showing authority to do so, at all reasonable hours may enter any land, other than a building used only as a dwelling.
3
An authorised person may —
a
inspect the premises and any livestock, crops, machinery or equipment;
b
carry out any inquiries, checks, examinations, measurements and tests;
c
take samples;
d
mark any animal or other thing for identification purposes;
e
have access to, inspect and copy any documents or records (in whatever form they are held) or remove such documents or records to enable them to be copied;
f
have access to, inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the documents or records; and for this purpose require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford such assistance as is reasonably required and, where a document or record is kept by means of a computer, require the document or record to be produced in a form in which it can be taken away;
g
remove a carcase found on the land for the purpose of carrying out a post-mortem examination on it;
h
take a photograph of anything on the land; and
i
remove anything reasonably believed to be evidence of any non-compliance.
4
An authorised person entering any premises by virtue of this regulation may be accompanied by —
a
such other persons as are necessary; and
b
any representative of the European Union acting for the purposes of the Community Regulations enforced by these Regulations.
5
An authorised person who enters any unoccupied premises must leave them as effectively secured as they were before entry.
6
An authorised person who enters any land under a power under other legislation may exercise any of the powers specified in this regulation for the purposes of enforcing these Regulations.
Obstruction
7
Any person who —
a
intentionally obstructs any person acting in the execution of these Regulations;
b
without reasonable cause, fails to give to any person acting in the execution of these Regulations any assistance or information that that person may reasonably require under these Regulations;
c
furnishes to any person acting in the execution of these Regulations any information knowing it to be false or misleading; or
d
fails to produce a record when required to do so to any person acting in the execution of these Regulations,
is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Revocation
8
The Agriculture (Cross compliance) Regulations 2009 are revoked.
Dan Norris
Parliamentary Under Secretary of State
Department for Environment Food and Rural Affairs
20th December 2009


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Dentists Act 1984 (Medical Authorities) Order 2009 and comes into force on 1st July 2009.
Designation of King’s College London
2
King’s College London is designated for the purposes of article 7(4)(b) of the Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 and accordingly is a “medical authority” for the purposes of section 3 of the Dentists Act 1984 (power of medical authorities to hold examinations and grant licences in dentistry).
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles Lighting and Goods Vehicles (Plating and Testing) (Amendment) Regulations 2009 and come into force on 4th January 2010.
Amendments to the Road Vehicles Lighting Regulations 1989
2
The Road Vehicles Lighting Regulations 1989 are amended in accordance with regulations 3 to 16.
Interpretation
3
1
The Table which follows regulation 3(2) is amended in accordance with paragraphs (2) to (8).
2
After the definition of “Community Directive 76/756/ EEC , as last amended by Directive 91/663/EEC ”, insert —
“Conspicuity marking” A device intended to increase the conspicuity of a vehicle, when viewed from the side or rear, by the reflection of light emanating from a light source not connected to the vehicle, the observer being situated near the source .
3
In the definition of “Emergency vehicle” —
a
omit “and” after paragraph (j); and
b
at the end of paragraph (k) add —
; and
l
a vehicle used for mountain rescue purposes
.
4
After the definition of “ kg ”, insert —
“km/h” Kilometre per hour or kilometres per hour (as the case may be).
5
After the definition of “Main beam”, insert —
“ Mandatory ECE conspicuity requirements” The requirements specified in —
paragraph 5.15. of ECE Regulation 48 in respect of a conspicuity marking; and
paragraph 6.21. of ECE Regulation 48 as relating to vehicles for which the fitting of conspicuity markings is mandatory.
6
In the definition of “Optional”, at the end, add “But, when used in the expression “Optional ECE conspicuity requirements”, shall be construed in accordance with the definition of that expression.”
7
After the definition of “Optional”, insert —
“Optional ECE conspicuity requirements” The requirements specified in —
paragraph 5.15. of ECE Regulation 48 in respect of a conspicuity marking; and
paragraph 6.21. of ECE Regulation 48 as relating to vehicles for which the fitting of conspicuity markings is optional.
8
After the definition of “Stop lamp”, insert —
“Traffic officer” Has the same meaning as in section 15 of the Traffic Management Act 2004 .
9
After regulation 3(8) insert —
9
In these Regulations, a reference to “ECE Regulation” followed by a number is a reference to the regulation of the same number annexed to the Agreement concerning the adoption of uniform conditions of approval for Motor Vehicle Equipment and Parts and reciprocal recognition thereof concluded at Geneva on 2nd March 1958 as revised and re-titled the Agreement Concerning the Adoption of Uniform Technical Prescriptions for Wheeled Vehicles, Equipment and Parts which can be fitted and/or be used on Wheeled Vehicles and the Conditions for reciprocal recognition of approvals granted on the basis of these Prescriptions by an agreement at Geneva on 5th October 1995 .
10
In these Regulations, a reference to ECE Regulation 48 is to that Regulation as amended by the 03 series of amendments (as in force on 12th June 2007) with the following modifications —
a
footnote 6 is omitted;
b
paragraph 6.21.4.1.3. is deemed to read “In the case of a motor vehicle first used before 10th October 2011 or a trailer manufactured before 10th October 2011, where it is impossible to achieve the value referred to in paragraph 6.21.4.1.2. above, the cumulative length may be reduced to 60 per cent.”;
c
paragraph 6.21.4.2.3. is deemed to read “In the case of a motor vehicle first used before 10th October 2011 or a trailer manufactured before 10th October 2011, where it is impossible to achieve the value referred to in paragraph 6.21.4.2.2. above, the cumulative length may be reduced to 60 per cent.”;
d
footnote 10 is omitted;
e
in paragraph 6.21.7.3. the reference to a “mandatory stop lamp” is deemed to be a reference to an obligatory stop lamp;
f
in paragraph 6.21.7.4. the words “at the discretion of the manufacturer” are omitted; and
g
paragraph 6.21 is deemed to contain the following paragraph inserted after paragraph 6.21.7.5. —
6.21.7.6. No conspicuity marking may be fitted unless it bears the international approval mark referred to in paragraph 5.4. of ECE Regulation 104 (as in force on 11th July 2008).
Modifications in relation to vehicles approved under the Motor Vehicles (Approval) Regulations 1996
4
In regulation 9B(1) —
a
in the definition of “coefficient of luminous intensity”, for “ECE Regulation 3.01” substitute “ECE Regulation 3 as amended by the 01 series of amendments (as in force on 20th March 1982)”; and
b
omit the definition of “ECE Regulation 3.01”.
Colour of light shown by lamps and reflectors
5
1
Regulation 11 is amended as follows.
2
In paragraph (2) —
a
after sub-paragraph (v) omit “or”; and
b
at the end of sub-paragraph (w) add —
;
x
reflected light from a yellow conspicuity marking where the fitting of that marking complies with the mandatory or optional ECE conspicuity requirements; or
y
reflected light from yellow or orange retro reflective material fitted to the rear of a vehicle used for —
i
police,
ii
relevant authority (as defined by section 6 of the Fire (Scotland) Act 2005 ) or, in England and Wales, fire and rescue authority,
iii
ambulance,
iv
Vehicle and Operator Services Agency, or
v
traffic officer,
purposes
.
Amendment to regulation 18 (obligatory lamps, reflectors, rear markings and devices)
6
1
Regulation 18 is amended as follows.
2
In paragraph (1), after “of these Regulations” insert “, in regulation 20A(9)”.
3
In paragraph (3), after “20”, insert “, 20A”.
Optional lamps, reflectors, rear markings and devices
7
In regulation 20, for “Every optional lamp”, substitute “Subject to regulation 20A(9), every optional lamp”.
Application of the ECE conspicuity requirements
8
After regulation 20, insert —
Application of the ECE conspicuity requirements
20A
1
Subject to paragraphs (2), (4) and (5), a goods vehicle which is —
a
a motor vehicle first used on or after 10th July 2011, or
b
a trailer manufactured on or after 10th July 2011,
shall be fitted with conspicuity markings which comply with the mandatory ECE conspicuity requirements.
2
Paragraph (1) does not apply in respect of a goods vehicle which is —
a
a motor vehicle with a maximum gross weight not exceeding 7500 kg;
b
a trailer with a maximum gross weight not exceeding 3500 kg;
c
an incomplete vehicle proceeding to a works for completion or to a place where it is to be stored or displayed for sale; or
d
a motor car or heavy motor car intended to form part of an articulated vehicle.
3
A goods vehicle to which paragraph (1) applies is referred to in this regulation as a “relevant goods vehicle”.
4
If the overall length of a relevant goods vehicle does not exceed 6 m, conspicuity markings that comply with the mandatory ECE conspicuity requirements need not be fitted to the side of that vehicle.
5
If the overall width of a relevant goods vehicle does not exceed 2.1 m, conspicuity markings that comply with the mandatory ECE conspicuity requirements need not be fitted to the rear of that vehicle.
6
To the extent that, pursuant to paragraph (4) or (5), a relevant goods vehicle is not required to be fitted with conspicuity markings to the side or rear that comply with the mandatory ECE conspicuity requirements, conspicuity markings which comply with the optional ECE conspicuity requirements may be fitted to the side or rear (as the case may be).
7
Subject to paragraph (8), a vehicle which is not a relevant goods vehicle may be fitted with conspicuity markings which comply with the optional ECE conspicuity requirements.
8
Paragraph (7) does not apply in respect of —
a
a passenger vehicle (other than a bus); or
b
a trailer with a maximum gross weight not exceeding 750 kg.
9
A requirement imposed under regulation 18 or 20 is to be disregarded to the extent it is incompatible with paragraph (1), (6) or (7).
10
In this regulation “motor car” and “heavy motor car” have the same meaning as in the Construction and Use Regulations.
Requirements about the use of front and rear position lamps, rear registration plate lamps, side marker lamps and end-outline marker lamps
9
In regulation 24(7)(a), for “the unladen weight of which does not exceed 1525 kg” substitute “the gross vehicle weight of which does not exceed 2500 kg”.
Amendment to Schedule 1 (obligatory lamps, reflectors, rear markings and devices)
10
1
Schedule 1 is amended as follows.
2
In Table I, in column (3) of the entry for “Rear marking” —
a
for the full stop at the end of paragraph (d) substitute a semicolon; and
b
at the end add —
A vehicle fitted with conspicuity markings to the rear where the fitting of those markings complies with the mandatory or optional ECE conspicuity requirements.
3
In Table VI, in column (3) of the entry for “Rear marking” —
a
for the full stop at the end of paragraph (e) substitute a semicolon; and
b
at the end add —
A trailer fitted with conspicuity markings to the rear where the fitting of those markings complies with the mandatory or optional ECE conspicuity requirements.
Requirements relating to direction indicators
11
1
Schedule 7 is amended as follows.
2
In Part I —
a
in paragraph 1(a), for “(Category 5)” substitute “(Category 5 or 6)”;
b
in paragraph 3(a)(ii)(A), for “(B) or (C)” substitute “(B), (C) or (D)”;
c
after paragraph 3(a)(ii)(C) insert —
(D) But where the indicator is a category 6 indicator: 30° above and 5° below the horizontal
d
in paragraph 4(c), after “5”, insert “or 6”; and
e
in paragraph 5(a), after ““5””, insert “or “6””.
3
In Part III, in the first diagram after “Category 5” insert “or 6”.
Requirements relating to optional reversing lamps
12
1
Schedule 14 is amended as follows.
2
In paragraph 1, for “Not more than two” substitute —
Not more than two but if the vehicle has an overall length which exceeds 6 m and is —
a
a bus; or
b
a vehicle which is not a passenger vehicle,
four may be fitted
.
3
In paragraph 4, for “To the rear” substitute —
To the rear but if, in accordance with paragraph 1, four are fitted the configuration shall be —
a
four to the rear; or
b
two to the rear and one on each side
.
4
In paragraph 10, for “No requirement” substitute —
No requirement except that if, in accordance with paragraph 4, reversing lamps have been fitted to the side, the following requirements shall apply in relation to those lamps —
a
it shall not be possible for the reversing lamps to be illuminated unless the front and rear position lamps of the vehicle are illuminated at the same time; and
b
the reversing lamps shall be switched on and off by the manual operation of one switch which shall have no other function; but
c
the reversing lamps shall switch off automatically if the vehicle is moving forward at a speed of 10km/h or more
.
5
In paragraph 11(a) —
a
for “are such that the”, substitute “are such that any”; and
b
after “lamps” insert “fitted to the rear”.
Requirements relating to side retro reflectors
13
For Part II of Schedule 17 substitute —
PART II REQUIREMENTS RELATING TO OPTIONAL SIDE RETRO REFLECTORS
Any number may be fitted and the only requirements in respect of any which are fitted are those specified in paragraphs 7 and 8 of Part I. But, in respect of a vehicle to which paragraph 7(a) applies which is used for the purposes listed in column (1) of the Table, the permitted colours are those listed in column (2).
Table
Police amber, yellow, blue, white or if within 1 m of the rear of the vehicle it may be red Relevant authority (as defined by section 6 of the Fire (Scotland) Act 2005 ) or, in England and Wales, fire and rescue authority amber, yellow, red Ambulance amber, yellow, green, white or if within 1 m of the rear of the vehicle it may be red Vehicle and Operator Services Agency amber, yellow, silver, white or if within 1 m of the rear of the vehicle it may be red Traffic officer amber, yellow, white or if within 1 m of the rear of the vehicle it may be red.
Requirements relating to rear retro reflectors
14
1
Schedule 18 is amended as follows.
2
In Part I —
a
in paragraph 2(c)(i)(A), for “1200 mm” substitute “1500 mm”;
b
in paragraph 2(c)(iii)(A), for “350 mm” substitute “250 mm”; and
c
in paragraph 3(a)(i)(B)(1) and (2), for “15°” substitute “10°”.
3
For Part II substitute —
PART II REQUIREMENTS RELATING TO OPTIONAL RE AR RETRO REFLECTORS
Any number may be fitted and the only requirements in respect of any which are fitted are those specified in paragraphs 7 and 8(b) of Part I. But the colour of rear retro reflectors fitted to a vehicle used for —
a
police,
b
relevant authority (as defined by section 6 of the Fire (Scotland) Act 2005) or, in England and Wales, fire and rescue authority,
c
ambulance,
d
Vehicle and Operator Services Agency, or
e
traffic officer,
purposes may be red, yellow or orange (or any combination).
Requirements relating to rear markings
15
In Part I of Schedule 19 —
a
in paragraph 5(a), after “sub-paragraph (b)”, insert “or (c)”;
b
in paragraph 5(b), for “A motor vehicle”, substitute “Unless covered by sub-paragraph (c), a motor vehicle”;
c
after paragraph 5(b) insert —
(c) A motor vehicle first used on or after 10th July 2011 and a trailer manufactured on or after 10th July 2011: A 70.01 mark
d
omit “and” at the end of paragraph 8(a); and
e
at the end of paragraph 8(b) insert —
; and
c
“70.01 mark” means the international approval mark referred to in paragraph 5.4.1 of ECE Regulation 70 as amended by the 01 series of amendments (as in force on 15th October 2008)
.
Requirements relating to front retro reflectors
16
In Part I of Schedule 21 —
a
in paragraph 2(c)(ii), for “350 mm” substitute “250 mm”; and
b
in paragraph 3(b)(i) and (ii), for “15°” substitute “10°”.
Amendments to the Goods Vehicles (Plating and Testing) Regulations 1988
17
1
The Goods Vehicles (Plating and Testing) Regulations 1988 are amended as follows.
2
In regulation 16(6)(c)(ii), after “18” insert “, 18A”.
3
In Table II in Part I of Schedule 3, after item 18 insert —
18A 20A Conspicuity markings In so far as the regulation relates to the fitting of conspicuity markings which comply with the mandatory ECE conspicuity requirements.
Signed by authority of the Secretary of State
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
7th December 2009


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (School Inspection) (England) (Amendment) Regulations 2009 and come into force on 1st September 2009.
2
These Regulations apply to schools in England only.
Amendment of Regulations
2
The Education (School Inspection) (England) Regulations 2005 are amended as follows.
3
For regulation 3, substitute —
3
For the purposes of subsection (1)(a) of section 5 of the 2005 Act, the Chief Inspector shall inspect each school to which that section applies within 5 school years from the end of the school year in which the last inspection of the school took place.
.
4
For regulation 10, substitute —
10
For the purposes of subsection (3) of section 48 of the 2005 Act, the governing body shall secure that any inspection takes place within 5 school years from the end of the school year in which the last inspection took place.
.
Vernon Coaker
Minister of State
Department for Children, Schools and Families
22nd June 2009


text:
Title and commencement
1
1
The title of this Order is the Wrexham (Communities) Order 2009.
2
Subject to paragraph (3), for any purpose set out in regulation 4(1) of the Regulations, this Order comes into force on 1 December 2009.
3
Articles 5, 6, 8, 9 and 12 come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2012, on 15 October 2011;
b
for all other purposes, on the ordinary day for election of councillors in 2012.
4
For all other purposes, this Order comes into force on 1 April 2010, which is the appointed day for the purposes of the Regulations.
Interpretation
2
In this Order —
“the Regulations” (“ y Rheoliadau ”) means the Local Government Area Changes Regulations 1976 ;
any reference to a map means one of the seven maps marked “Maps of the Wrexham (Communities) Order 2009”, duly labelled “A” to “G” for reference and deposited in accordance with regulation 5 of the Regulations;
any reference to an electoral division is a reference to an electoral division of the County Borough of Wrexham; and
where a boundary is shown on a map as running along a road, railway line, footway, watercourse or similar geographical feature, it is to be treated as running along the centre line of the feature.
Caia Park and Abenbury — change in community areas and consequential changes to electoral arrangements
3
The part of the community of Caia Park shown hatched on Map A —
a
is transferred to the community of Abenbury; and
b
forms part of the electoral division of Holt.
4
The part of the community of Abenbury shown as hatched area “A” on Map B —
a
is transferred to the community of Caia Park;
b
forms part of the Cartrefle ward of the community of Caia Park; and
c
becomes part of the electoral division of Cartrefle.
5
The number of councillors to be elected for the community of Abenbury is 10.
6
In the community of Caia Park the number of councillors to be elected for the Cartrefle ward is 3, for the Queensway ward is 3, for the Smithfield ward is 3, for the Whitegate ward is 3 and for the Wynnstay ward is 2.
Holt, Caia Park and Acton — change in community areas and consequential changes to electoral arrangements
7
The part of the community of Holt shown as hatched area “B” on Map B and the part of the community of Caia Park shown on hatched area “C” on Map B —
a
are transferred to the community of Acton;
b
form part of the Rhosnesni ward of the community of Acton; and
c
become part of the electoral division of Rhosnesni.
8
In the community of Acton the number of councillors to be elected for the Acton Central ward is 2, for the Acton Park ward is 2, for the Borras Park ward is 3, for the Little Acton ward is 3, for the Maesydre ward is 2 and for the Rhosnesni ward is 4.
9
The community of Holt is not warded and the number of councillors to be elected for the community of Holt is 10.
Minera and Coedpoeth — change in community areas and consequential changes to electoral arrangements
10
The part of the community of Minera shown hatched on Map C —
a
is transferred to the community of Coedpoeth;
b
forms part of the South ward of the community of Coedpoeth; and
c
becomes part of the electoral division of Coedpoeth.
Broughton and Brymbo — change in community areas and consequential changes to electoral arrangements
11
The part of the community of Broughton shown hatched on Map D —
a
is transferred to the community of Brymbo;
b
forms part of the Brymbo ward of the community of Brymbo; and
c
becomes part of the electoral division of Brymbo.
12
In the community of Broughton the number of councillors to be elected for each of the wards of Bryn Cefn, Brynteg, Gwenfro and New Broughton is 4.
Gresford and Gwersyllt — change in community areas and consequential changes to electoral arrangements
13
The parts of the community of Gresford shown hatched on Map E —
a
are transferred to the community of Gwersyllt;
b
form part of the South ward of the community of Gwersyllt; and
c
become part of the electoral division of Gwersyllt East and South.
14
The boundary between Gresford West ward and Gresford East ward in the community of Gresford is altered as shown on Map E marked as the “New Community Ward Boundary”.
Marchwiel and Sesswick — change in community areas
15
The part of the community of Marchwiel shown hatched on Map F is transferred to the community of Sesswick.
Holt and Isycoed — change in community areas
16
The part of the community of Holt shown hatched on Map G is transferred to the community of Isycoed.
Brian Gibbons
Minister for Social Justice and Local Government, one of the Welsh Ministers
4 October 2009


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Representation of the People (Amendment) Regulations 2009 and shall come into force on the day after the day on which they are made.
2
In these Regulations —
“the 2001 Regulations ” means the Representation of the People (England and Wales) Regulations 2001 ;
“the 2001 Scotland Regulations ” means the Representation of the People (Scotland) Regulations 2001 .
3
These Regulations do not extend to Northern Ireland.
Amendment of the 2001 Regulations
2
The 2001 Regulations are amended as follows.
Registration of European Parliamentary overseas electors in England and Wales
3
In regulation 13 (registration of European Parliamentary overseas electors) for paragraph (6) substitute —
6
The regulations which are set out in column 1 of Schedule 4A to these Regulations shall, subject to —
a
any modifications specified in relation to those provisions in column 2 of that Schedule, and
b
paragraph (7) below,
apply to a European Parliamentary overseas elector’s declaration and registration in pursuance of it as they apply to an overseas elector’s declaration and registration in pursuance of it.
.
4
1
Part I of Schedule 4 (application with modifications of provisions of the 1983 Act for registration of European Parliamentary overseas electors) is amended as follows.
2
In the entry in column 2 relating to section 9 (register of electors) insert in the appropriate place “In subsection (2) omit “Subject to section 9B(3) below,”.”.
3
After the entry in column 1 relating to section 9 (register of electors) insert “Section 10A (maintenance of registers: registration of electors), subsections (1)(a), (3), (3A), (4) and (9)”.
4
In the entry in column 2 relating to section 10A (maintenance of registers: registration of electors) insert —
In subsection (3) after “register in question” insert “or by a person entitled to vote as an elector at an election to the European Parliament by virtue of section 8 of the European Parliamentary Elections Act 2002 ”.
In subsection (4) for “Subsections (1) and (3) above” substitute “Subsections (1)(a) and (3) above”.
In subsection (4) omit paragraph (b).
In subsection (9) omit the definition of “resident”.
.
5
In the entry in column 2 relating to section 13A (alteration of registers) insert —
In subsection (1)(b) for “by virtue of any provision of this Part of this Act” substitute “by virtue of any provision of the Representation of the People Act 1985”.
In subsection (1)(c) omit “or 58”.
In subsection (2)(b) for “sections 13B(1) and 13BA(1)” substitute “section 13B(1)”.
For subsection (3) substitute:
3
Subsection (2) above does not require a registration officer to issue a notice under that subsection in a case where (apart from this subsection) that subsection would require the notice to be issued —
a
at the beginning of the month containing the date on which revised versions of the registers of parliamentary and local government electors are next due to be published in accordance with section 13(1) or (3) as it has effect for the purposes of such registers, or
b
at the beginning of either of the two months preceding that containing the date on which revised versions of the registers of parliamentary and local government electors are next due to be published in accordance with section 13(1)(a) as it has effect for the purposes of such registers,
and in such a case the alteration in question shall be made in those revised versions of the registers.
.
In subsection (4) omit “or 13BA(3), (6) or (9)”.
In subsection (5) omit “or 13BA”.
In subsection (6) omit from “; and section 119 below shall apply” to the end.
.
6
In the entry in column 2 relating to section 13B (alteration of registers: pending elections) insert in the appropriate place “Omit subsection (6).”.
7
For the entry in column 2 relating to section 56 (registration appeals: England and Wales) substitute —
In subsection (1) for paragraph (aa) substitute:
aa
from any decision under section 2(2)(aa) of the Representation of the People Act 1985 of the registration officer that a person registered in a register of parliamentary electors in pursuance of a European Parliamentary overseas elector’s declaration was not entitled to be registered.
.
In subsection (1) omit paragraphs (ab) and (b).
.
5
After Schedule 4 insert —
SCHEDULE 4A
Regulation 13
APPLICATION WITH MODIFICATIONS OF REGULATIONS FOR REGISTRATION OF EUROPEAN PARLIAMENTARY OVERSEAS ELECTORS
1
Regulation applied
2
Modification
Regulation 3 In paragraph (1) omit the definition of “certificate of anonymous registration”. Regulation 5 Regulation 6 Regulation 7 Regulation 8 Regulation 11 Regulation 18 In paragraphs (4), (5) and (7) after “regulation 13(6) above” insert “and Schedule 4A to these Regulations” and for “modifications made by that regulation” substitute “modifications made by that Schedule”. Regulation 19 In paragraph (1) after “regulation 13(6) above” insert “and Schedule 4A to these Regulations” and for “modifications made by that regulation” substitute “modifications made by that Schedule”. Regulation 20 In paragraph (1) after “regulation 13(6) above” insert “and Schedule 4A to these Regulations” and for “modifications made by that regulation” substitute “modifications made by that Schedule”. Regulation 21 Regulation 22 In paragraph (3) after “regulation 13(6) above” insert “and Schedule 4A to these Regulations” and for “modifications made by that regulation” substitute “modifications made by that Schedule”. Regulation 23 Regulation 24 Omit paragraph (4A). Regulation 25 Regulation 27 Regulation 28 Omit paragraph (2). Regulation 29 Omit paragraphs (2B) and (4A).
In paragraph (4) omit “Subject to paragraph (4A),”.
Regulation 30 Regulation 31 Regulation 31A Regulation 31B In paragraph (1) for “regulations 31C to 31F” substitute “regulations 31D to 31F”.
For paragraph (2) substitute:
2
The functions specified in this paragraph are determining under section 2(2)(aa) of the 1985 Act whether a person was entitled to be registered.
.
Regulation 31D Omit paragraph (3).
In paragraphs (5) and (8) omit “or, as the case may be, has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act.”.
Regulation 31E In paragraph (2) omit sub-paragraph (c).
Omit paragraph (4).
Regulation 31F In paragraph (6) omit “or, as the case may be, has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act,”. Regulation 32 In paragraph (1) for sub-paragraph (b) substitute:
b
under section 56(1)(aa) of the 1983 Act, from the decision of a registration officer made in accordance with regulations 31D to 31F that a person was not entitled to be registered;
.
In paragraph (1) omit sub-paragraph (c).
Regulation 36(2) and (3) In sub-paragraph (2)(b) omit “except in a case falling within regulation 31C(2)(d) above,”. Regulation 38 Regulation 39 Regulation 40 For paragraph (1) substitute:
1
Section 9(2)(b) of the 1983 Act (which requires each register of parliamentary or local government electors to contain the qualifying addresses of the persons registered in it) does not apply to an address which is specified in an overseas elector’s declaration in accordance with section 2(4)(b) or (c)(ii) of the 1985 Act.
.
Omit paragraphs (2) and (3).
Regulation 41 Regulation 42 Regulation 43 In paragraph (1) omit “and (3)”. Regulation 45 In paragraph (4) after “regulation 13(6) above” insert “and Schedule 4A to these Regulations”.
.
Evidence in support of application for anonymous registration in England and Wales
6
In regulation 31I(3) (anonymous registration: evidence consisting of relevant court orders or injunctions) after sub-paragraph (g) insert —
;
h
an injunction for the purpose of restraining a person from pursuing any conduct which amounts to harassment granted in proceedings under article 5 of the Protection from Harassment (Northern Ireland) Order 1997 ;
i
a restraining order made under article 7 of the Protection from Harassment (Northern Ireland) Order 1997 ;
j
a restraining order on acquittal made under article 7A(1) of the Protection from Harassment (Northern Ireland) Order 1997 ;
k
a non-molestation order made under article 20(2) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 .
.
7
In regulation 31J(4) (anonymous registration: evidence by attestation) —
a
in sub-paragraph (a) for “the chief officer of police” substitute “a police officer of or above the rank of superintendent”;
b
in sub-paragraph (b) for “the chief constable” substitute “a police officer of or above the rank of superintendent”;
c
in sub-paragraph (c) for “the Chief Constable” substitute “a police officer of or above the rank of superintendent”; and
d
for sub-paragraphs (f) to (h) substitute —
;
f
any director of adult social services in England within the meaning of section 6(A1) of the Local Authority Social Services Act 1970 ;
g
any director of children’s services in England within the meaning of section 18 of the Children Act 2004 ;
h
any director of social services in Wales within the meaning of section 6(1) of the Local Authority Social Services Act 1970 ;
i
any chief social work officer in Scotland within the meaning of section 3 of the Social Work (Scotland) Act 1968 ;
j
any director of social services of a Health and Social Services Board established under article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972 ;
k
any executive director of social work of a Health and Social Services Trust established under article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991
.
Supply of full register etc to the Statistics Board
8
1
In the heading to regulation 99 (supply of free copy of full register etc to Office for National Statistics and restrictions on use) for “Office for National Statistics” substitute “Statistics Board” .
2
In regulation 99 —
a
in paragraph (1) for “Office for National Statistics” substitute “Statistics Board” and for ““the Office”” substitute ““the Board””; and
b
in paragraphs (2), (3), (4)(a), (4A) and (6), for “the Office” substitute “the Board”.
Amendment of the 2001 Scotland Regulations
9
The 2001 Scotland Regulations are amended as follows.
Registration of European Parliamentary overseas electors in Scotland
10
In regulation 13 (registration of European Parliamentary overseas electors) for paragraph (6) substitute —
6
The regulations which are set out in column 1 of Schedule 4A to these Regulations shall, subject to —
a
any modifications specified in relation to those provisions in column 2 of that Schedule, and
b
paragraph (7) below,
apply to a European Parliamentary overseas elector’s declaration and registration in pursuance of it as they apply to an overseas elector’s declaration and registration in pursuance of it.
.
11
1
Part I of Schedule 4 (application with modifications of provisions of the 1983 Act for registration of European Parliamentary overseas electors) is amended as follows.
2
In the entry in column 2 relating to section 9 (register of electors) insert in the appropriate place “In subsection (2) omit “Subject to section 9B(3) below,”.”.
3
After the entry in column 1 relating to section 9 (register of electors) insert “Section 10A (maintenance of registers: registration of electors), subsections (1)(a), (3), (3A), (4) and (9)”.
4
In the entry in column 2 relating to section 10A (maintenance of registers: registration of electors) insert —
In subsection (3) after “register in question” insert “or by a person entitled to vote as an elector at an election to the European Parliament by virtue of section 8 of the European Parliamentary Elections Act 2002”.
In subsection (4) for “Subsections (1) and (3) above” substitute “Subsections (1)(a) and (3) above”.
In subsection (4) omit paragraph (b).
In subsection (9) omit the definition of “resident”.
.
5
In the entry in column 2 relating to section 13A (alteration of registers) insert —
In subsection (1)(b) for “by virtue of any provision of this Part of this Act” substitute “by virtue of any provision of the Representation of the People Act 1985”.
In subsection (1)(c) omit “or 58”.
In subsection (2)(b) for “sections 13B(1) and 13BA(1)” substitute “section 13B(1)”.
For subsection (3) substitute:
3
Subsection (2) above does not require a registration officer to issue a notice under that subsection in a case where (apart from this subsection) that subsection would require the notice to be issued —
a
at the beginning of the month containing the date on which revised versions of the registers of parliamentary and local government electors are next due to be published in accordance with section 13(1) or (3) as it has effect for the purposes of such registers, or
b
at the beginning of either of the two months preceding that containing the date on which revised versions of the registers of parliamentary and local government electors are next due to be published in accordance with section 13(1)(a) as it has effect for the purposes of such registers,
and in such a case the alteration in question shall be made in those revised versions of the registers.
.
In subsection (4) omit “or 13BA(3), (6) or (9)”.
In subsection (5) omit “or 13BA”.
In subsection (6) omit from “; and section 119 below shall apply” to the end.
.
6
In the entry in column 2 relating to section 13B (alteration of registers: pending elections) insert in the appropriate place “Omit subsection (6).”.
7
For the entry in column 2 relating to section 56 as applied by section 57 (registration appeals: Scotland) substitute —
In subsection (1) for paragraph (aa) substitute:
aa
from any decision under section 2(2)(aa) of the Representation of the People Act 1985 of the registration officer that a person registered in a register of parliamentary electors in pursuance of a European Parliamentary overseas elector’s declaration was not entitled to be registered.
.
In subsection (1) omit paragraphs (ab) and (b).
.
12
After Schedule 4 insert —
SCHEDULE 4A
Regulation 13
APPLICATION WITH MODIFICATIONS OF REGULATIONS FOR REGISTRATION OF EUROPEAN PARLIAMENTARY OVERSEAS ELECTORS
1
Regulation applied
2
Modification
Regulation 3 In paragraph (1) omit the definition of “certificate of anonymous registration”. Regulation 5 Regulation 6 Regulation 7 Regulation 8 Regulation 11 Regulation 18 In paragraphs (4), (5) and (7) after “regulation 13(6) above” insert “and Schedule 4A to these Regulations” and for “modifications made by that regulation” substitute “modifications made by that Schedule”. Regulation 19 In paragraph (1) after “regulation 13(6) above” insert “and Schedule 4A to these Regulations” and for “modifications made by that regulation” substitute “modifications made by that Schedule”. Regulation 20 In paragraph (1) after “regulation 13(6) above” insert “and Schedule 4A to these Regulations” and for “modifications made by that regulation” substitute “modifications made by that Schedule”. Regulation 21 Regulation 22 In paragraph (3) after “regulation 13(6) above” insert “and Schedule 4A to these Regulations” and for “modifications made by that regulation” substitute “modifications made by that Schedule”. Regulation 23 Regulation 24 Omit paragraph (4A). Regulation 25 Regulation 27 Regulation 28 Omit paragraph (2). Regulation 29 In paragraph (2)(a) omit “, other than applications accompanied by an application for anonymous entry”.
In paragraph (2A) omit “(other than an application accompanied by an application for an anonymous entry)”.
In paragraph (4) omit “Subject to paragraph (4A),”.
Omit paragraph (4A).
Regulation 30 Regulation 31 Regulation 31A Regulation 31B In paragraph (1) for “regulations 31C to 31F” substitute “regulations 31D to 31F”.
For paragraph (2) substitute:
2
The functions specified in this paragraph are determining under section 2(2)(aa) of the 1985 Act whether a person was entitled to be registered.
.
Regulation 31D Omit paragraph (3).
In paragraphs (5) and (8) omit “or, as the case may be, has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act.”.
Regulation 31E In paragraph (2) omit sub-paragraph (c).
Omit paragraph (4).
Regulation 31F In paragraph (6) omit “or, as the case may be, has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act,”. Regulation 32 In paragraph (1) for sub-paragraph (b) substitute:
b
under section 56(1)(aa) of the 1983 Act, from the decision of a registration officer made in accordance with regulations 31D to 31F that a person was not entitled to be registered;
.
In paragraph (1) omit sub-paragraph (c).
Regulation 36(2) and (3) In sub-paragraph (2)(b) omit “except in a case falling within regulation 31C(2)(d) above,”. Regulation 38 Regulation 39 Regulation 40 For paragraph (1) substitute:
1
Section 9(2)(b) of the 1983 Act (which requires each register of parliamentary or local government electors to contain the qualifying addresses of the persons registered in it) does not apply to an address which is specified in an overseas elector’s declaration in accordance with section 2(4)(b) or (c)(ii) of the 1985 Act.
.
Omit paragraphs (2) and (3).
Regulation 41 Regulation 42 Regulation 43 In paragraph (1), omit “and (3)”. Regulation 45 In paragraph (4), after “regulation 13(6) above” insert “and Schedule 4A to these Regulations”.
.
Evidence in support of application for anonymous registration in Scotland
13
In regulation 31I(3) (anonymous registration: evidence consisting of relevant court orders or injunctions) after sub-paragraph (g) insert —
;
h
an injunction for the purpose of restraining a person from pursuing any conduct which amounts to harassment granted in proceedings under article 5 of the Protection from Harassment (Northern Ireland) Order 1997;
i
a restraining order made under article 7 of the Protection from Harassment (Northern Ireland) Order 1997;
j
a restraining order on acquittal made under article 7A(1) of the Protection from Harassment (Northern Ireland) Order 1997;
k
a non-molestation order made under article 20(2) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998.
.
14
In regulation 31J(4) (anonymous registration: evidence by attestation) —
a
in sub-paragraph (a) for “the chief officer of police” substitute “a police officer of or above the rank of superintendent”;
b
in sub-paragraph (b) for “the chief constable” substitute “a police officer of or above the rank of superintendent”;
c
in sub-paragraph (c) for “the Chief Constable” substitute “a police officer of or above the rank of superintendent”; and
d
after sub-paragraph (i) insert —
;
j
any director of social services of a Health and Social Services Board established under article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972;
k
any executive director of social work of a Health and Social Services Trust established under article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991.
.
Supply of full register etc to the Statistics Board
15
1
In the heading to regulation 98 (supply of free copy of full register etc to Office for National Statistics and restrictions on use) for “Office for National Statistics” substitute “Statistics Board”.
2
In regulation 98 —
a
in paragraph (1) for “Office for National Statistics” substitute “Statistics Board” and for ““the Office”” substitute ““the Board””; and
b
in paragraphs (2), (3), (4)(a), (4A) and (6), for “the Office” substitute “the Board”.
Signed by authority of the Secretary of State
Michael Wills
Minister of State
Ministry of Justice
16th March 2009


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Financial Markets and Insolvency (Settlement Finality) (Amendment) Regulations 2009, and come into force on 1st October 2009.
Amendment of the Regulations
2
The Financial Markets and Insolvency (Settlement Finality) Regulations 1999 are amended as follows.
3
In paragraph (2) of regulation 6 (certain bodies deemed to satisfy requirements for designation) for “the 1986 Act” substitute “the 2000 Act”.
4
In regulation 14 (proceedings of designated system take precedence over insolvency proceedings)
a
in paragraph (1), after “winding up,” insert “administration,”
b
in paragraph (2), omit the words from “This does not prevent the court” to the end of the paragraph;
c
in paragraph (4), for “or bankruptcy” substitute “, bankruptcy, or administration,”
d
in paragraph (5) —
i
in sub-paragraph (a), for “section 735 of the Companies Act 1985 or Article 3 of the Companies (Northern Ireland) Order 1986” substitute “section 1 of the Companies Act 2006) or by a building society (within the meaning of section 119 of the Building Societies Act 1986)”;
ii
for sub-paragraph (a)(i), substitute —
i
sections 175, 176ZA and 176A of, and paragraph 65(2) of Schedule B1 to, the Insolvency Act 1986 or Articles 149, 150ZA, and 150A of, and paragraph 66(2) of Schedule B1 to, the Insolvency (Northern Ireland) Order 1989 ;
ii
Rules 4.30(3) and 4.218(2)(b) of the Insolvency Rules 1986 , Rules 4.033(3) and 4.228(2)(b) of the Insolvency Rules (Northern Ireland) 1991 and rule 4.5(3) of the Insolvency (Scotland) Rules 1986 ;
;
iii
for sub-paragraph (a)(ii), substitute —
iii
section 40 (or in Scotland, section 59 and 60(1)(e)) of the Insolvency Act 1986, paragraph 99(3) of Schedule B1 to that Act and section 19(4) of that Act as that section has effect by virtue of section 249(1) of the Enterprise Act 2002;
iv
paragraph 100(3) of Schedule B1 to, and Article 31(4) of that Order, as that Article has effect by virtue of Article 4(1) of the Insolvency (Northern Ireland) Order 2005; and
v
section 754 of the Companies Act 2006; and
e
in paragraph (6) —
i
in sub-paragraph (a) —
aa
after “paragraph 99(3) of Schedule B1 to that Act” insert “and in section 19(4) of that Act as that section has effect by virtue of section 249(1) of the Enterprise Act 2002”;
bb
after “paragraph 100(3) to Schedule B1 to that Order” insert “and Article 31(4) of that Order, as that Article has effect by virtue of Article 4(1) of the Insolvency (Northern Ireland) Order 2005”;
ii
after sub-paragraph (b), insert —
and
c
the debts or liabilities arising or incurred under contracts mentioned in —
i
paragraph 99(4) of Schedule B1 to the Insolvency Act 1986 and section 19(5) of that Act, as that section has effect by virtue of section 249(1) of the Enterprise Act 2002, or
ii
paragraph 100(4) of Schedule B1 to, the Insolvency (Northern Ireland) Order 1989 and Article 31(5) of that Order as that article has effect by virtue of Article 4(1) of the Insolvency (Northern Ireland) Order 2005,
.
5
In regulation 15 (net sum payable on completion of action taken under default arrangements) —
a
in paragraph (2)
i
for the words “or winding-up” each time they occur, substitute “, winding-up or administration”;
ii
in sub-paragraph (b) —
aa
after “(Northern Ireland) Order 1989” insert “or Rule 2.85 of the Insolvency Rules 1986 or Rule 2.086 of the Insolvency Rules (Northern Ireland) 1991” ;
bb
after “the case of winding-up” insert “or administration”;
iii
after the words “Article 6 of the Insolvency (Northern Ireland) Order 1989) or” insert “enters into administration (within the meaning of paragraph 1 of Schedule B1 to the Insolvency Act 1986 or paragraph 2 of Schedule B1 to the Insolvency (Northern Ireland) Order 1989) or”;
b
after paragraph (3), insert —
4
A reference in this regulation to “administration order” shall include —
a
the appointment of an administrator under paragraph 14 or 22 of Schedule B1 to the Insolvency Act 1986 or under paragraph 15 or 23 of Schedule B1 to the Insolvency (Northern Ireland) Order 1989;
b
the making of an order under section 8 of that Act as it has effect by virtue of section 249(1) of the Enterprise Act 2002; and
c
the making of an order under Article 21 of that Order as it has effect by virtue of Article 4(1) of the Insolvency (Northern Ireland) Order 2005;
and “administration” shall be construed accordingly.
6
In regulation 16(3) (disclaimer of property, rescission of contracts &c) —
a
for the words “Sections 127 and 284 of the Insolvency Act 1986” substitute “Sections 88, 127, 245 and 284 of the Insolvency Act 1986”;
b
for the words “Articles 107 and 257 of the Insolvency (Northern Ireland) Order 1989” substitute “Articles 74, 107, 207 and 257 of the Insolvency (Northern Ireland) Order 1989”.
7
In regulation 19 (administration orders, &c) —
a
after paragraph (1) insert —
1ZA
The following provisions of the Insolvency Act 1986 (which relate to administration orders and administrators), as they have effect by virtue of section 249(1) of the Enterprise Act 2002, do not apply in relation to a collateral security charge —
a
sections 10(1)(b) and 11(3)(c) (restriction on enforcement of security while petition for administration order pending or order in force); and
b
sections 15(1) and (2) (power of administrator to deal with charged property);
and section 11(2) (receiver to vacate office when so required by administrator) does not apply to a receiver appointed under such a charge.
;
b
after paragraph (1A) insert —
1B
The following provisions of the Insolvency (Northern Ireland) Order 1989 (administration), as they have effect by virtue of Article 4(1) of the Insolvency (Northern Ireland) Order 2005 , do not apply in relation to a collateral security charge —
a
Article 23(1)(b) and Article 24(3)(c) (restriction on enforcement of security while petition for administration order pending or order in force); and
b
Article 28(1) and (2) (power of administrator to deal with charged property);
and Article 24(2) of that Order (receiver to vacate office at request of administrator) shall not apply to a receiver appointed under such a charge.
;
c
after paragraph (3) insert —
4
Paragraph 20 and paragraph 12(1)(g) of Schedule A1 to the Insolvency Act 1986, and paragraph 31 and paragraph 23(1)(g) of Schedule A1 to the Insolvency (Northern Ireland) Order 1989 (effect of moratorium on creditors) shall not apply (if they would otherwise do so) to any collateral security charge.
.
Frank Roy
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
20th July 2009


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Health and Social Care Act 2008 (Registration of Regulated Activities) Regulations 2009 and shall come into force on 1st April 2009.
2
These Regulations apply in relation to regulated activity carried on in England.
Interpretation
2
In these Regulations —
“ the Act ” means the Health and Social Care Act 2008;
“patient” includes a woman who is pregnant or breastfeeding, or who has recently given birth;
“treatment” includes nursing, palliative care and a diagnostic or other investigative procedure.
Prescribed activities
3
1
For the purposes of section 8(1) of the Act, the following activities are prescribed as regulated activities —
a
the provision of health care to patients by a National Health Service trust or an NHS foundation trust;
b
the provision of ambulance services, for transporting patients for the purposes of treatment, by a National Health Service trust or an NHS foundation trust;
c
the provision of health care to patients by a Primary Care Trust; and
d
the management by NHS Blood and Transplant of —
i
the supply of blood, blood components and blood derived products intended for transfusion;
ii
the supply of tissues and tissue derived products intended for transplant, grafting or use in a surgical procedure; and
iii
the matching and allocation of donor organs intended for transplant, and of stem cells and bone marrow intended for transfusion.
2
In this regulation, provision of health care means only services provided directly to patients by the body in question and not those commissioned by that body from a third party.
Register of regulated activities
4
The Commission must establish and maintain a register containing such information as appears to the Commission to be necessary to keep the public informed about the identity of persons registered as service providers and their carrying on of regulated activities.
Regulation of regulated activities
5
1
A person registered as a service provider in respect of the carrying on of a regulated activity must, so far as reasonably practicable, ensure that the —
a
patients;
b
persons (whether employed or not) working for the purpose of the carrying on of the regulated activity; and
c
others who may be at risk of exposure to a health care associated infection arising from the carrying on of the regulated activity,
are protected against identifiable risks of acquiring such an infection by the means specified in paragraph (2).
2
The means referred to in paragraph (1) are —
a
the effective operation of systems designed to assess the risk of and to prevent, detect, treat and control the spread of, a health care associated infection; and
b
the maintenance of appropriate standards of design, cleanliness and hygiene in relation to —
i
premises occupied for the purpose of the carrying on of the regulated activity; and
ii
equipment used in those premises.
3
For the purpose of this regulation, “premises” includes a vehicle owned or used by the person registered as a service provider for transporting —
a
patients for the purposes of treatment; and
b
materials to be used in the treatment of patients in circumstances where such materials are at risk of being contaminated with a health care associated infection.
Offence
6
1
A person registered as a service provider who contravenes, or fails to comply with, the provisions of regulation 5 is guilty of an offence.
2
A person guilty of an offence under paragraph (1) is liable, on summary conviction, to a fine not exceeding £50,000.
Penalty notices
7
1
The offences under the provisions listed in the first column of Schedule 1 are prescribed as fixed penalty offences for the purposes of section 86 of the Act.
2
The monetary amount of the penalty for each fixed penalty offence is prescribed in the second column of Schedule 1.
3
The time by which the penalty specified in a penalty notice is to be paid is the end of the period of 28 days beginning with the date of receipt of the notice.
4
The method by which penalties may be paid is by electronic transfer of funds to the Commission’s bank account.
5
Where a person is given a penalty notice, proceedings for the offence to which the notice relates may not be instituted before the end of the period of 28 days beginning with the date of receipt of the notice.
6
Where a penalty notice is given by being sent by an electronic communication, in accordance with section 94 of the Act, the notice is, unless the contrary is proved, to be taken to have been received on the next working day after the day on which it is sent .
7
A penalty notice must give such particulars of the circumstances alleged to constitute the offence as seem to the Commission to be reasonably required to provide the person to whom the notice is given with information about it.
8
A penalty notice must state —
a
the name and address of the person to whom the notice is given;
b
the amount of the penalty;
c
the period during which proceedings will not be taken for the offence;
d
that payment within that period will discharge any liability for the offence;
e
the consequences of the penalty not being paid before the expiration of the period for paying it;
f
the person to whom and the address at which the penalty may be paid and to which any correspondence about the penalty may be sent; and
g
the means by which payment of the penalty may be made.
9
A penalty notice may be withdrawn if —
a
the Commission determines that it ought not to have been given or it ought not to have been given to the person to whom it was addressed; or
b
it appears to the Commission that the notice contains material errors.
10
A penalty notice may be withdrawn in accordance with paragraph (9) whether or not the period for payment referred to in paragraph (3) has expired, and whether or not the penalty has been paid.
11
Where a penalty notice has been withdrawn in accordance with paragraph (9) the Commission must —
a
give notice of the withdrawal to the person to whom the notice was given;
b
repay any amount paid by way of penalty in pursuance of that notice to the person who paid it; and
c
remove from publication information about payment of the penalty which has been published in accordance with paragraph 4 of Schedule 2 prior to withdrawal of the notice to which the payment relates.
12
Except as provided in paragraph (13), no proceedings may be instituted or continued against the person to whom a penalty notice was given for the offence to which the penalty notice relates where that notice has been withdrawn in accordance with paragraph (9).
13
Where a penalty notice has been withdrawn pursuant to paragraph (9)(b), proceedings may be instituted or continued for the offence in connection with which that penalty notice was issued if a further penalty notice in respect of the offence has been given and the penalty has not been paid before the expiration of the period for payment referred to in paragraph (3).
14
In this regulation —
“electronic communication” has the same meaning as in the Electronic Communications Act 2000 ; and
“working day” means any day other than —
a Saturday or Sunday;
Christmas Day or Good Friday; or
a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 .
Publication of information relating to enforcement action
8
1
Except in the circumstances specified in paragraphs 5 to 7 of Part 1 of Schedule 2, the Commission must publish the information prescribed in that Part of that Schedule in the time prescribed in paragraph 8 of that Part.
2
The Commission may publish the information prescribed in Part 2 of Schedule 2 subject, in the case of the information prescribed in paragraph 11(1), to the condition specified in sub-paragraph (2) of that paragraph.
Exemptions from the requirement to notify bodies of certain matters
9
Section 39(1) of the Act does not apply in the following cases —
a
a notice given under —
i
section 26(3) of the Act (notice of proposals); or
ii
section 28(1) or (3) of the Act (notice of decisions),
to a person who applies for registration as a service provider;
b
a notice of proposal given under section 26(4)(c) or (d) of the Act, or a notice of decision given under section 28(3) of the Act, which —
i
relates to the variation or removal of any condition for the time being in force in relation to a registration or the imposition of an additional condition in relation to a registration, and
ii
appears to the Commission not to have a material impact on the regulated activity being carried on;
c
a notice of proposal given under section 26(5) of the Act or a notice of decision given under section 28(3) of the Act to refuse an application by the service provider under section 19(1)(a), (b) or (c) of the Act; and
d
a warning notice given under section 29 of the Act which appears to the Commission not to have a material impact on the regulated activity being carried on.
Notification to Primary Care Trust, English local authority and Strategic Health Authority
10
1
The Primary Care Trust or English local authority that is required to be given —
a
notice of an application for an order for cancellation of the registration of a service provider under section 30 of the Act; or
b
a copy of a notice under section 39 of the Act,
is to be determined in accordance with paragraphs (2) to (5).
2
Where the application under section 30 of the Act, or the notice of which a copy is required to be given under section 39 of the Act, is in respect of a regulated activity that involves, or is connected with, the provision of health care the Commission must give notice or a copy of the notice to the relevant Primary Care Trust.
3
Where the application under section 30 of the Act, or the notice of which a copy is required to be given under section 39 of the Act, is in respect of a regulated activity that involves, or is connected with, the provision of social care the Commission must give notice or a copy of the notice to the relevant local authority.
4
The relevant Primary Care Trust is any Primary Care Trust in whose area the regulated activity is being carried on.
5
The relevant local authority is any local authority in whose area the regulated activity is being carried on.
6
The Strategic Health Authority that must be given notice under section 30(3)(b) of the Act or a copy of a notice under section 39(1)(b) of the Act in respect of a regulated activity is any Strategic Health Authority in whose area the regulated activity is being carried on.
Power to require an explanation
11
1
Where the Commission considers an explanation of a relevant matter necessary or expedient for the purposes of any of its regulatory functions, the persons specified in paragraph (3) must, if so requested, provide an explanation of that matter to the Commission or to persons authorised by it.
2
Explanations required under paragraph (1) must be provided at such times and such places as may be specified by the Commission.
3
The persons referred to in paragraph (1) are —
a
a person carrying on a regulated activity;
b
a chair, director or employee of an English NHS body;
c
a member of an English NHS body other than an NHS foundation trust;
d
a member of a committee or sub-committee of an English NHS body other than an NHS foundation trust;
e
a member of a committee or sub-committee of the board of directors of an NHS foundation trust;
f
a person (other than a person prescribed in sub-paragraphs (b) to (e)) who is assisting a person carrying on a regulated activity in the provision of that activity;
g
a person providing equipment or premises to a person carrying on a regulated activity;
h
a chair, director or employee of a person providing equipment or premises to a person carrying on a regulated activity; and
i
a person (other than a person prescribed in sub-paragraph (h)) who is assisting a person providing equipment or premises to a person carrying on a regulated activity.
Signed by authority of the Secretary of State for Health.
Ben Bradshaw
Minister of State,
Department of Health
11th March 2009


text:
Citation and commencement
1
These Regulations may be cited as the M3 and M25 (Thorpe Interchange) (Speed Limit) Regulations 2009 and shall come into force on 10th July 2009.
Interpretation
2
In these Regulations —
“a link road” means —
the road leading from the clockwise carriageway at Junction 12 of the M25 Motorway at a point 1290 metres north of the Almners Road Overbridge to the westbound carriageway of the M3 Motorway at Junction 2; or
the road leading from the anti-clockwise carriageway at Junction 12 of the M25 Motorway at a point 1380 metres south of the Muckhatch Lane Overbridge to the westbound carriageway of the M3 Motorway at Junction 2;
“the M3 Motorway” means the M3 London to Southampton Motorway at Thorpe Interchange in the County of Surrey;
“the M25 Motorway” means the M25 London Orbital Motorway at Thorpe Interchange in the County of Surrey; and
“the westbound carriageway” means the westbound carriageway of the M3 Motorway between a point 840 metres east of Lyne Lane Overbridge and a point 1875 metres west of Lyne Lane Overbridge.
Imposition of speed limit
3
No person shall drive any motor vehicle at a speed exceeding 50 miles per hour on the westbound carriageway or any link road.
Signed by authority of the Secretary of State for Transport
Chris Mole
Parliamentary Under Secretary of State
10th June 2009
Department for Transport


text:
Citation and commencement
1
These Regulations may be cited as the Surface Waters (Shellfish) (Classification) (Amendment) Regulations 2009 and come into force on 1 July 2009.
Amendment of the Surface Waters (Shellfish) (Classification) Regulations 1997
2
In the Surface Waters (Shellfish) (Classification) Regulations 1997 , for “Directive 79/923/EEC ”, wherever occurring, substitute “Directive 2006/113/EC ”.
Jane Davidson
Minister for Environment, Sustainability and Housing One of the Welsh Ministers
19th May 2009
Huw Irrance-Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
19th May 2009


text:
This Order may be cited as the General Chiropractic Council (Registration of Chiropractors with United Kingdom Qualifications that are not Recognised Qualifications) Rules Order of Council 2009 and shall come into force on 9th February 2009.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Guaranteed Minimum Pensions Increase Order 2009 and shall come into force on 6th April 2009.
Increase of guaranteed minimum pensions
2
For the purposes of section 109(2) and (3) of the Pension Schemes Act 1993, the percentage by which there is to be an increase in the rate of that part of any guaranteed minimum pension which is attributable to earnings factors for the tax years in the relevant period shall be 3 per cent.
Signed by authority of the Secretary of State for Work and Pensions.
Rosie Winterton
Minister of State,
Department for Work and Pensions
4th March 2009


text:
Citation and commencement
1
This Order may be cited as the Road Safety (Financial Penalty Deposit) (Interest) Order 2009 and shall come into force on 31st March 2009.
Calculation of interest
2
1
For the purposes of section 90C(12) of the Road Traffic Offenders Act 1988, the rate of interest payable shall be the Bank of England base rate at the beginning of the day that the payment of the appropriate amount was made.
2
In this article “Bank of England base rate” means —
a
the rate announced from time to time by the Monetary Policy Committee of the Bank of England as the official dealing rate, being the rate at which the Bank is willing to enter into transactions for providing short term liquidity in the money markets, or
b
where an order under section 19 of the Bank of England Act 1998 is in force, any equivalent rate determined by the Treasury under that section.
Frank Roy
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
5th March 2009


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Control of Trade in Endangered Species (Enforcement) (Amendment) Regulations 2009 and come into force on 11th August 2009.
2
In these Regulations “the COTES Regulations ” means the Control of Trade in Endangered Species (Enforcement) Regulations 1997 .
Amendment of regulation 2 of the COTES Regulations
2
In regulation 2 of the COTES Regulations (interpretation) —
a
in paragraph (1) —
i
for the definition of “Principal Regulation” substitute —
“Principal Regulation” means Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein;
, and
ii
for the definition of “Subsidiary Regulation” substitute —
“Subsidiary Regulation” means Commission Regulation (EC) No 865/2006 laying down detailed rules concerning the implementation of Council Regulation No 338/97
; and
b
after paragraph (4) insert —
5
In these Regulations —
a
any reference to the Principal Regulation is a reference to the Principal Regulation as amended from time to time; and
b
any reference to the Subsidiary Regulation is a reference to the Subsidiary Regulation as amended from time to time.
.
Insertion of regulation 8A into the COTES Regulations
3
After regulation 8 of the COTES Regulations insert —
Split-listed specimens: presumption in favour of Annex A
8A
1
For the purposes of regulation 8 (purchase and sale etc ), a split-listed specimen is presumed to be of a species listed in Annex A to the Principal Regulation, provided that —
a
where the specimen falls within paragraph (3), it is not reasonably practicable to determine the population from which that specimen derives;
b
where the specimen falls within paragraph (4), it is not reasonably practicable to determine the subspecies to which that specimen belongs;
c
where the specimen falls within paragraph (5), it is not reasonably practicable to determine the species or subspecies to which that specimen belongs.
2
In paragraph (1), “split-listed specimen” means a specimen falling within paragraph (3), (4) or (5).
3
A specimen falls within this paragraph if —
a
the specimen is of a species or subspecies, or is included in a higher taxon than species, listed in either Annex A or Annex B to the Principal Regulation (or listed in both of those Annexes); and
b
one or more geographical populations of that species, subspecies or higher taxon are included in one of those Annexes and all the other populations of that species, subspecies or higher taxon are included in the other of those Annexes.
4
A specimen falls within this paragraph if —
a
the specimen is of a species listed in either Annex A or Annex B to the Principal Regulation; and
b
one or more subspecies of that species are included in one of those Annexes and all the other subspecies of that species are included in the other of those Annexes.
5
A specimen falls within this paragraph if —
a
the specimen is included in a higher taxon than species and that taxon is listed in either Annex A or Annex B to the Principal Regulation; and
b
one or more species or subspecies of that higher taxon are included in one of those Annexes, all the other species or subspecies included in that taxon are included in the other of those Annexes, and all geographical populations of those species or subspecies are included in those Annexes.
.
Huw Irranca-Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
2nd July 2009


text:
Citation and commencement
1
These Regulations may be cited as the International Transport of Goods under Cover of TIR Carnets (Fees) (Amendment) Regulations 2009 and come into force on 3rd May 2009.
Increases in fees
2
1
The International Transport of Goods under Cover of TIR Carnets (Fees) Regulations 1988 are amended as follows.
2
In the regulations specified in column (1) of the Table, for each amount specified in column (2) substitute the amount specified in column (3).
Table
(1)
Regulation
(2)
Existing Amount (£)
(3)
Substituted Amount (£)
3(i) 97 106 3(ii) 591 644 4 13
(in both cases where it occurs)
14 5(i) 64 70 5(ii) 97 106
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
2nd April 2009
We consent to the making of these Regulations
Bob Blizzard
Steve McCabe
Two of the Lords commissioners of Her Majesty’s Treasury
30th March 2009


text:
1
1
This Order may be cited as the Travellers’ Allowances (Amendment) Order 2009 and comes into force on 1st January 2010.
2
The changes it makes have effect where the person in question enters the United Kingdom on 1st January 2010 or later (see articles 2(1) and 2(2) of the Travellers’ Allowances Order 1994 – traveller from outside the European Union’s value added tax area).
2
The Schedule to the Travellers’ Allowances Order 1994 is amended as follows.
3
In the first row of the Table in the Schedule in the column headed “Quantity” (value of goods other than fuel, alcohol and tobacco relieved from value added tax) —
a
for “£340” substitute “£390” (value of goods for travel by air and sea);
b
for “£240” substitute “£270” (value of goods for travel not by air or sea); and
c
omit Note (a).
Mike Eland
Dave Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
2nd December 2009


text:
This Order may be cited as the General Medical Council (Voluntary Erasure and Restoration following Voluntary Erasure) (Amendment) Regulations Order of Council 2009 and shall come into force on 16th November 2009.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Immigration and Nationality (Fees) (Amendment) Order 2009 and shall come into force on the day after the day on which it is made.
Amendment
2
1
The Immigration and Nationality (Fees) Order 2007 shall be amended as follows.
2
In article 2 (interpretation), after the definition of “certificate of sponsorship” insert —
“Consular premises” means the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, ordinarily used for the purposes of any consulate-general, consulate, vice-consulate or consular agency of the United Kingdom;
.
3
In article 3 (requirement to pay a fee for applications in connection with immigration or nationality) —
a
after paragraph (2)(o), omit “and”; and
b
after paragraph (2)(p), insert —
; and
q
a letter or other document confirming —
i
a person’s immigration or nationality status; or
ii
that a person is not a British citizen.
.
4
After article 5, insert —
Requirement to pay a fee in respect of a service in connection with immigration or nationality applications, services and processes
6
1
In respect of a service to which this article applies, the fee for the time being specified in regulations made under section 51(3) of the 2006 Act as payable in connection with that service is to be charged by the Secretary of State.
2
This article applies to the provision of services in connection with any immigration or nationality application, service or process to which this Order applies that require —
a
attendance by a representative of the Secretary of State at premises other than an office of the UK Border Agency of the Home Office or Consular premises; or
b
services to be provided by a representative of the Secretary of State outside office hours.
.
Phil Woolas
Minister of State
Home Office
5th March 2009
We consent
Bob Blizzard
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
5th March 2009


text:
Citation and commencement
1
1
This Order may be cited as the Berwick upon Tweed Harbour Revision (Constitution) Order 2009 and comes into force on 1st June 2009.
2
The Berwick upon Tweed Harbour Acts and Orders 1862 to 1923 and this Order may be cited together as the Berwick upon Tweed Harbour Acts and Orders 1862 to 2009.
Incorporation of provisions of Commissioners Clauses Act 1847
2
Sections 15, 48, 53, 56, 58 to 60, 62 to 65, 67, 69 to 83, 85 to 88, 96, 97, 99 to 102, 104 and 109 to 111 of the Commissioners Clauses Act 1847 (so far as applicable and not inconsistent with the Berwick upon Tweed Harbour Acts and Orders 1862 to 2009) are incorporated with this Order.
Interpretation
3
In this Order —
“the Commissioners” means the Berwick Harbour Commissioners;
“the new constitution date” means 1st June 2009.
Constitution of Commissioners
4
1
On and after the new constitution date, the Commissioners shall continue as a body corporate and shall consist of —
a
nine persons appointed by the Commissioners; and
b
the Harbour Master appointed for the time being by the Commissioners.
2
Each Commissioner appointed under paragraph (1)(a) shall be a person who appears to the Commissioners to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Commissioners of their functions including in particular (but without prejudice to the generality of the foregoing) special knowledge, experience or ability in one or more of the following matters —
a
commerce;
b
maritime activities;
c
health and safety;
d
management;
e
public relations and community issues;
f
industrial relations;
g
shipping, fishing or cargo handling;
h
accountancy or financial management;
i
management of boating and other water related leisure activities;
j
environment matters affecting harbours; and
k
any other skills and abilities considered from time to time by the Commissioners to be relevant to the discharge by them of their functions.
3
The Commissioners must secure, so far as reasonably practicable, that the Commissioners appointed by them will, between them, have special knowledge, experience and ability in a broad and complementary range of matters relevant to the efficient, effective and economic discharge by them of their functions.
4
In making an appointment under paragraph (1)(a) or article 9, the Commissioners must act in accordance with any guidance issued by the Secretary of State from time to time with respect to the exercise of such functions.
Appointment and terms of office of first Commissioners
5
1
The first appointments under article 4(1)(a) must be made on, or as soon as reasonably practicable after, the coming into force of this Order.
2
The Commissioners must appoint to be three of the first of such appointed Commissioners, the persons who, at the date when they make the first appointments under paragraph (1) above, are —
a
the Chairman of the Commissioners;
b
the Vice-Chairman of the Commissioners;
c
another one of their number.
3
Subject to articles 8 and 10 and paragraph 10 of Schedule 2, the Commissioners appointed under paragraph (2) hold office as Commissioners on and from the new constitution date until 31st May 2012.
4
Of the remaining first such appointed Commissioners —
a
three hold office on and from the new constitution date until 31st May 2010; and
b
three hold office on and from the new constitution date until 31st May 2010,
as the Commissioners specify when they make each of those appointments.
Terms of office of subsequent Commissioners
6
A Commissioner appointed under article 4(1)(a) (other than a Commissioner appointed in accordance with article 5), unless appointed to fill a casual vacancy and subject to articles 8 and 10, and paragraph 10 of Schedule 2, holds office for the period of three years starting on 1st June next following that Commissioner’s appointment.
Power to co-opt additional Commissioners
7
The Commissioners referred to in article 4(1) may at any time co-opt not more than two persons to serve as Commissioners for such period not exceeding twelve months as the co-opting Commissioners may specify at the time of co-option.
Declaration to be made by Commissioners
8
No person shall act as a Commissioner who has not made the declaration set out in Schedule 1 (or a declaration to that effect); and a person shall cease to be a Commissioner who fails to make that declaration within three months of the date of appointment.
Casual Vacancies
9
1
A casual vacancy arising in the office of a Commissioner appointed under article 4(1) must, unless it is not reasonably practicable to do so, be filled by the appointment of a Commissioner by the Commissioners and in accordance with article 4(2) and (3).
2
A Commissioner appointed to fill a casual vacancy under this article shall, subject to articles 8 and 10, and paragraph 10 of Schedule 2, hold office during the remainder of the term for which the Commissioner whom that Commissioner replaces was appointed.
Disqualification of Commissioners
10
If the Commissioners are satisfied that a Commissioner —
a
has without the permission of the Commissioners been absent from the meetings of the Commissioners during a period when three such meetings have been held;
b
has become bankrupt or made an arrangement with creditors;
c
is incapacitated by physical or mental illness from discharging the functions of a Commissioner; or
d
is otherwise unable, unwilling or unfit to discharge the functions of a Commissioner,
the Commissioners may declare the office of that Commissioner to be vacant and from the date of that declaration that Commissioner shall cease to be a Commissioner.
Indemnity insurance for Commissioners
11
The Commissioners may enter into, and pay premiums for, a contract of insurance to indemnify the Commissioners jointly or severally against personal liability arising from any act or omission of the Commissioners or of any of them, not being an act or omission which the Commissioners in question knew to be a breach of that Commissioner’s duty or, concerning which that Commissioner was reckless as to whether it was such a breach.
Incidental provisions relating to Commissioners
12
On and after the new constitution date the provisions of Schedule 2 have effect.
Publication of Commissioners’ annual statement of accounts
13
As soon as reasonably practicable after their annual statement of accounts is prepared, the Commissioners must make available a copy of the statement for a period of three months at the offices of the Commissioners for inspection free of charge by members of the public and must, subject to the payment of a reasonable charge, supply a copy of the statement to any person who requests to be supplied with a copy.
Borrowing Powers
14
1
Subject to paragraph (2), the Commissioners may from time to time borrow upon the security of their assets for the time being or of their revenues or of both their assets and their revenues, by any methods they see fit —
a
such sums of money as they think necessary not exceeding one million pounds (or that sum as adjusted in accordance with article 16); and
b
with the consent of the Secretary of State, such further sums of money as they may require.
2
In calculating the aggregate sums of money borrowed by the Commissioners under paragraph (1), there shall be excluded any sums borrowed for the purpose of repaying, within twelve months of the date of borrowing, any sum for the time being outstanding by way of principal on any amount previously borrowed.
3
Monies borrowed by the Commissioners under this article must be applied to purposes to which capital money is properly applicable.
4
For the purposes of paragraph (3), but without prejudice to the generality of that paragraph, the purposes to which capital money is properly applicable include —
a
the payment of any interest, falling due within five years immediately following the date of borrowing, on any sum of money borrowed by the Commissioners under this article; and
b
the repayment, within twelve months of the date of borrowing, of any sum for the time being outstanding by way of principal on any amount previously borrowed.
Temporary borrowing powers
15
1
The Commissioners may borrow temporarily, by way of overdraft or otherwise, such sums of money as the Commissioners may require.
2
The total amount outstanding at any one time of money borrowed under paragraph (1) must not exceed two hundred and fifty thousand pounds (or that sum as adjusted in accordance with article 16).
CPI adjustment of borrowing limits
16
1
On each anniversary of the new constitution date the sums mentioned in articles 14(1)(a) and 15 shall be adjusted in line with any movement (calculated to one decimal place) in CPI which occurred during the year ending on the 31st December immediately preceding the anniversary in question.
2
Any adjustment made pursuant to paragraph (1), must be recorded in the next following annual statement of accounts prepared by the Commissioners.
3
In paragraph (1), “CPI” means the Consumer Price Index, being the main measure of inflation published in the monthly publication of the Office for National Statistics known as “Monthly Digest of Statistics”, or any successor from time to time of that index.
Advisory bodies
17
1
The Commissioners must consult an accredited advisory body or bodies on all matters substantially affecting the management, maintenance, improvement, conservation, protection or regulation of the harbour and its navigation.
2
The Commissioners must take into consideration any matter, recommendation or representation which may from time to time be referred or made to them by an accredited advisory body whether or not the accredited advisory body has been consulted by the Commissioners on the matter, recommendation or representation so referred or made.
3
In this paragraph “accredited advisory body” means any body which appears to the Commissioners —
a
to represent interests concerned with the harbour; and
b
to comply with such standards of openness and accountability as the Commissioners may from time to time prescribe.
Amendment of the Berwick upon Tweed Harbour Act 1862
18
Section 22 of the Berwick upon Tweed Harbour Act 1862 is amended by substituting for the words from “Mayor” to “execution, and” the word “Commissioners”.
Repeals
19
With effect on the new constitution date the enactments mentioned in the first and second columns of Schedule 3 (which include spent enactments) are repealed to the extent specified in the third column of that Schedule.
Signed by authority of the Secretary of State for Transport
R C Bennett
Head of Ports Division
Department for Transport
14th May 2009


text:
Citation and commencement
1
This Order may be cited as the Offshore Installations (Safety Zones) Order 2009 and shall come into force on 1 st July 2009.
Establishment of safety zone
2
A safety zone is established around each installation specified in column 1 of the Schedule (being an installation stationed in waters to which subsection (7) of section 21 of the Petroleum Act 1987 applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Signed by the authority of the Secretary of State for Work and Pensions.
William D. McKenzie
Parliamentary Under Secretary of State,
Department for Work and Pensions
8th June 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Armed Forces (Civilians Subject to Service Discipline) Order 2009 and comes into force on 31st October 2009.
2
In this Order “ the Act ” means the Armed Forces Act 2006.
Specified military organisations
2
The organisation listed in Schedule 1 is specified for the purposes of paragraph 5 of Schedule 15 to the Act.
Other specified organisations
3
The organisations listed in Schedule 2 are specified for the purposes of paragraph 6 of Schedule 15 to the Act.
Designated Areas
4
1
The areas listed in paragraph 1 of Schedule 3 are designated for the purposes of paragraphs 4, 6 and 9 of Schedule 15 to the Act.
2
The areas listed in paragraph 2 of Schedule 3 are designated for the purposes of paragraph 8 of Schedule 15 to the Act.
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
31st March 2009