text:
Citation and commencement
1
1
These Regulations may be cited as the Childcare (Disqualification) Regulations 2009.
2
Subject to paragraph (3), these Regulations shall come into force on 1st September 2009.
3
Paragraph 4 of Schedule 1 comes in to force on 19th October 2009.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Childcare Act 2006;
“the 1989 Act ” means the Children Act 1989 ;
“the 2000 Act ” means the Criminal Justice and Court Services Act 2000 ;
“direction” means a direction made, or which has effect as if made, under section 142 of the Education Act 2002 on the grounds set out in subsection (4)(a), (b) or (d) of that section;
“relevant order” and “senior court” have the same meanings as in section 30(1) of the 2000 Act.
2
In these Regulations a person has been “found to have committed” an offence if that person has been —
a
convicted of an offence;
b
found not guilty of an offence by reason of insanity;
c
found to be under a disability and to have done the act charged against them in respect of such an offence; or
d
on or after 6th April 2007, given a caution in respect of an offence by a police officer after admitting that offence.
3
In these Regulations a person has been found to have committed an offence that is “related to” an offence if that person has been found to have committed an offence of —
a
attempting, conspiring or incitement to commit that offence; or
b
aiding, abetting, counselling or procuring the commission of that offence.
Revocation
3
The Childcare (Disqualification) Regulations 2007 and the Childcare (Disqualification) (Amendment) Regulations 2008 are revoked.
Care of children and offences against children or adults
4
1
Subject to paragraphs (9) and (10) and regulation 10, a person (“P”) is disqualified from registration if any of paragraphs (2) to (8) apply.
2
Any of the orders or other determinations specified in Schedule 1 has been made —
a
with respect to P;
b
which prevents P from being registered in relation to any facility in which children are looked after or from being involved in the management of or otherwise concerned with the provision of any such facility; or
c
with respect to a child who has been in P’s care.
3
An order has been made with respect to P under section 104 of the Sexual Offences Act 2003 .
4
P has been found to have committed an offence against a child within the meaning of section 26(1) of the 2000 Act.
5
P —
a
has been found to have committed any offence specified in paragraph 1 of Schedule 2 or an offence that is related to such an offence; or
b
falls within paragraph 2 of that Schedule,
despite the fact that the statutory offences in that Schedule have been repealed.
6
P has been found to have committed any offence other than an offence referred to in paragraph (4) or (5) involving bodily injury to, or death of, a child.
7
P has been found to have committed any offence specified in Schedule 3 or an offence that is related to such an offence.
8
P has been —
a
found to have committed any offence, committed against a person aged 18 or over, mentioned in paragraph 2 of Schedule 4 to the 2000 Act or an offence that is related to such an offence; or
b
charged with any offence, committed against a person aged 18 or over, mentioned in paragraph 2 of Schedule 4 to the 2000 Act or an offence that is related to such an offence in respect of which a relevant order has been imposed by a senior court.
9
P shall not be disqualified from registration under paragraphs (1) to (8) in respect of any order, determination or offence if —
a
P has successfully appealed against the order, determination or conviction;
b
a caution in respect of that offence has been withdrawn or set aside; or
c
a direction based wholly or in part on the offence has been revoked.
10
P shall not be disqualified from registration under paragraph (2) in respect of any refusal or cancellation of registration under the provisions set out in paragraph 19(c) of Schedule 1 if the sole reason for such refusal or cancellation was the failure to pay any fee prescribed under Part 3 of the Act.
Overseas offences
5
1
Subject to regulation 10, a person (“P”) is disqualified from registration if P has been found to have done an act which —
a
constituted an offence under the law in force in a country outside the United Kingdom; and
b
would constitute an offence requiring disqualification from registration under these Regulations if it had been done in any part of the United Kingdom.
2
In paragraph (1) P has been “found to have done an act which constituted an offence” if, under the law in force in a country outside the United Kingdom —
a
P has been convicted of an offence (whether or not P has been punished for it);
b
P has been cautioned in respect of an offence;
c
a court exercising jurisdiction under that law has made in respect of an offence a finding equivalent to a finding that P is not guilty by reason of insanity; or
d
such a court has made in respect of an offence a finding equivalent to a finding that P is under a disability and did the act charged against P.
3
A person shall not be disqualified from registration under paragraph (1) in respect of any finding if, under the law in force in the country concerned, such finding has been reversed.
4
An act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law for the purposes of this regulation however it is described in that law.
Protection of Children Act list
6
A person who is included in the list kept under section 1 of the Protection of Children Act 1999 (list of those considered by the Secretary of State unsuitable to work with children) is disqualified from registration.
Direction in relation to the employment of teachers etc.
7
1
Subject to regulation 10, a person (“P”) is disqualified from registration if any of the following provisions of this regulation apply to P.
2
P is subject to a direction.
3
P’s name is on any list kept for the purposes of regulations made under article 70(2)(e) or 88A(1) and (2)(b) of the Education and Libraries (Northern Ireland) Order 1986 .
Persons barred from regulated activity relating to children
8
A person who is barred from regulated activity relating to children within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006 is disqualified from registration.
Persons living or working on premises where a disqualified person lives
9
Subject to regulation 10, a person who lives —
a
in the same household as another person who is disqualified from registration; or
b
in a household in which any such person is employed,
is disqualified from registration.
Waivers
10
1
Subject to paragraph (4), where a person (“P”) would be disqualified from registration by virtue of regulation 4, 5, 7(1) and 7(3) or 9 but has disclosed to the Chief Inspector the facts which would otherwise cause P to be disqualified, the Chief Inspector may give consent to waive the disqualification for any or all of the following purposes —
a
voluntary registration under Chapter 4 of Part 3 of the Act;
b
the provision of early years or later years provision to which section 76 of the Act applies;
c
direct concern in the management of early years or later years provision to which section 76 of the Act applies;
d
employment in connection with the provision of early years or later years provision to which section 76 of the Act applies.
2
When the Chief Inspector gives consent under paragraph (1), P shall not, in respect of the facts so disclosed, be regarded as disqualified from registration for the purposes specified in the Chief Inspector’s consent.
3
Any consent given by the Chief Inspector under paragraph (1) shall be in writing and shall specify the extent to which the disqualification from registration is waived.
4
In relation to a person who would be disqualified from registration by virtue of regulation 4(4), this regulation shall not apply where a court has made an order under section 28(4), 29(4) or 29A(2) of the 2000 Act.
Appeals
11
Any determination made by the Chief Inspector as to whether to give consent under regulation 10 is a prescribed determination for the purposes of section 74(2) of the Act.
Duty of disclosure
12
1
A person who is registered under Chapter 3 or 4 of Part 3 of the Act (“registered person”) must provide the following information to the Chief Inspector —
a
details of any order, determination, conviction or other ground for disqualification from registration made or applying in relation to a person listed in paragraph (2) which results in that person being disqualified from registration under these Regulations;
b
the date when the order, determination or conviction was made or when any other ground for disqualification from registration arose;
c
the body or court by which the order, determination or conviction was made and the sentence, if any, imposed;
d
in relation to an order or conviction, a certified copy of the relevant order or court order.
2
The persons in respect of whom the information referred to in paragraph (1) must be provided are —
a
the registered person; and
b
any person who lives in the same household as the registered person or who is employed in that household.
3
The information referred to in paragraph (1) must be provided to the Chief Inspector as soon as reasonably practicable, but in any event within 14 days of the time when the registered person became aware of that information or ought reasonably to have become aware of it if the registered person had made reasonable enquiries.
4
Any allegation that a registered person has failed to meet the requirements prescribed in this regulation may be taken into account by the Chief Inspector in the exercise of the Chief Inspector’s functions under Part 3 of the Act.
5
Any allegation that a registered person has failed to meet the requirements prescribed in this regulation may be taken into account in any proceedings under Part 3 of the Act.
Dawn Primarolo
Minister of State
Department for Children Schools and Families
22nd June 2009


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) Regulations 2009 and come into force —
a
for all purposes except those of regulations 3(3) and 5 on 6th April 2009; and
b
for the purposes of regulation 3(3) and 5 on 26th April 2009.
Preliminary
2
The Motor Vehicles (Tests) Regulations 1981 are amended as follows.
Amendment to regulation 20 (fees for examinations)
3
1
Regulation 20 is amended as follows.
2
In the provisions specified in column (1) of the following Table for each amount specified in column (2) substitute the amount specified in column (3).
Table
(1) (2) (3) Regulation Existing Amount (£) Substituted Amount (£)
20(1)(a) 28.65 29.20 20(1)(aa) 36.55 37.20 20(1)(b) 36.55 37.20 20(1)(c)(i) 55.50 56.45 20(1)(c)(ii) 53.10 54.00 20(1)(ca) 62.00 63.05 20(1)(d)(i) 78.15 79.45 20(1)(d)(ii) 57.65 58.65 20(1)(da)(i) 120.70 122.65 20(1)(da)(ii) 78.00 79.30 20(1)(f) 56.75 57.70
3
In paragraph (3A)(b), insert “trailer coupling” in the appropriate alphabetical place in the list of matters.
Amendment to regulation 25 (charges for entries in the electronic record and payments on account)
4
In regulation 25(1), for “£1.85” substitute “£2.00”.
Amendment to Schedule 2 (the prescribed statutory requirements)
5
1
Schedule 2 is amended as follows.
2
In item 13A of paragraph 1(c), for “, 11, 12, 13, 14, and 15” substitute “and 9 to 15”.
3
In item 22 of paragraph 2(b), after the words “or part of the suspension” insert “or any trailer coupling”.
4
In item 27 of paragraph 2(d), for “, 11, 12, 13, 14, and 15” substitute “and 9 to 15”.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
11th March 2009


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Individual Pupil Information) (Prescribed Persons) (Amendment) (England) Regulations 2009 and shall come into force on 19th March 2009.
2
These Regulations apply to individual pupil information relating to pupils at schools in England only.
Amendment to the Education (Individual Pupil Information) (Prescribed Persons) Regulations 1999
2
1
The Education (Individual Pupil Information) (Prescribed Persons) Regulations 1999 are amended in accordance with paragraph (2).
2
In regulation 3(1) —
a
omit “and” at the end of sub-paragraph (b), and insert “and” at the end of sub-paragraph (c), and
b
after sub-paragraph (c), insert —
d
any local authority which has reasonable grounds to believe that, in respect of a pupil, it may be the relevant local authority.
Jim Knight
Minister of State
Department for Children, Schools and Families
9th February 2009


text:
Title, application and commencement
1
This Order may be cited as the Diseases of Animals (Approved Disinfectants) (Fees) (England) Order 2009, applies in England and comes into force on 1st May 2009.
Fees for the testing of disinfectants
2
A person who applies for a disinfectant to be approved under article 3 of the Diseases of Animals (Approved Disinfectants) (England) Order 2007 must, when applying, pay to the Secretary of State —
a
£1,715 for administrative services, plus
b
the fee for testing for the relevant purpose in the Schedule.
Revocation
3
The Diseases of Animals (Approved Disinfectants) (Fees) (England) Order 2008 is revoked.
Jane Kennedy
Minister of State
Department for Environment, Food and Rural Affairs
26th March 2009
We approve
Dave Watts
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
31st March 2009


text:
Citation and commencement
1
This Order may be cited as The Designation of Rural Primary Schools (England) Order 2009 and comes into force on 21st December 2009.
Designation of rural primary schools.
2
The schools published on the Department for Children, Schools and Families’ website in a list called “Designated Rural Primary Schools” on 21st December 2009 are designated as rural primary schools in England.
Revocation
3
The Designation of Rural Primary Schools (England) Order 2008 is revoked.
Signed on behalf of the Secretary of State
P S A Jones
Deputy Director
Department for Children, Schools and Families
17th December 2009


text:
PART 1 General Provisions
Citation and Commencement
1
These Regulations may be cited as the Armed Forces (Proceedings) (Costs) Regulations 2009 and shall come into force on 31st October 2009.
Interpretation
2
In these Regulations —
“ the Act ” means the Armed Forces Act 2001 ;
“the court administration officer” has the same meaning as in section 363 of the Armed Forces Act 2006 ;
“interested party” means the party benefiting from an order made under regulation 3 or a wasted costs order and, where he was receiving representation funded for him under any legal aid scheme operated by any of Her Majesty’s forces, shall include the authority responsible for determining costs payable in respect of work done under the representation order, or as the case may be, such a legal aid scheme;
“wasted costs order” means any action taken by the Court Martial, the Summary Appeal Court, the Service Civilian Court or the Court Martial Appeal Court under section 27(1) of the Act.
Unnecessary or improper acts or omissions
3
1
Subject to the provisions of this regulation, where at any time during proceedings before —
a
the Court Martial,
b
the Summary Appeal Court,
c
the Service Civilian Court, or
d
the Court Martial Appeal Court
the court is satisfied that costs have been incurred in respect of the proceedings by one of the parties as a result of an unnecessary or improper act or omission by, or on behalf of, another party to the proceedings, the court may, after hearing the parties, order that all or part of the costs so incurred by that party shall be paid to him by the other party.
2
Before making an order under paragraph (1), the court shall take into account any other order as to costs (including any order under a legal aid scheme operated by any of Her Majesty’s forces) which has been made in respect of the proceedings.
3
An order made under paragraph (1) shall specify the amount of costs to be paid in pursuance of the order.
4
Where an order has been made under paragraph (1), the court may take that order into account when making any other order as to costs in respect of the proceedings.
5
No order shall be made under paragraph (1) by the Service Civilian Court which requires a person under the age of eighteen who has been convicted of an offence to pay an amount by way of costs which exceeds the amount of any fine imposed on him by that court.
Wasted costs
4
1
A wasted costs order may provide for the whole or any part of the wasted costs to be disallowed or ordered to be paid and the court shall specify the amount of such costs.
2
Before making a wasted costs order the court shall allow the legal or other representative and any party to the proceedings to make representations.
3
When making a wasted costs order the court may take into account any other order as to costs in respect of the proceedings and may take the wasted costs order into account when making any such other order.
4
Where a wasted costs order has been made the court shall notify any interested party benefiting from the order that it has been made and of the amount disallowed or ordered to be paid.
Appeals
5
1
Any person against whom a court makes an order under regulation 3 and any legal or other representative against whom a wasted costs order is made may appeal —
a
in the case of an order made by the Court Martial, to the Court Martial Appeal Court, and
b
in the case of an order made by the Summary Appeal Court or the Service Civilian Court, to the High Court in England and Wales.
2
In the following paragraphs any person or legal or other representative who appeals under paragraph (1) is referred to as “the appellant”.
3
Subject to paragraph (5), an appeal shall be instituted, within 21 days of the order under regulation 3 or the wasted costs order being made, by the appellant giving notice in writing to the court which made the order, stating the grounds of appeal.
4
The appellant shall serve a copy of the notice of appeal and grounds, including any application for an extension of time in which to appeal, on any interested party.
5
The time limit within which an appeal may be instituted may, for good reason, be extended before or after it expires —
a
in the case of an appeal to the Court Martial Appeal Court, by a judge of that court;
b
in the case of an appeal to the High Court in England and Wales, by a judge of that court;
and in each case the court to which the appeal is made (“the appeal court”) shall give notice of the extension to the appellant, the court which made the order under regulation 3 or the wasted costs order appealed against and any interested party.
6
The appeal court shall give notice of the hearing date to the appellant, the court which made the order under regulation 3 or the wasted costs order and any interested party and shall allow the interested party to make representations which may be made orally or in writing.
7
The appeal court may affirm, vary or revoke the order as it thinks fit and shall notify its decision to the appellant, any interested party and the court which made the order.
Costs incurred by the Director of Service Prosecutions
6
Where any of Her Majesty’s forces incurs costs of any of the descriptions in the Schedule to these Regulations in respect of the exercise by the Director of his functions as a party to proceedings before a court mentioned in section 27(1), such costs shall be taken for the purposes of any order under regulation 3 or 4 to have been incurred by the Director.
Payment in respect of costs
7
Where an order for the payment of costs taken to have been incurred by the Director as described in regulation 6 is made under these Regulations payment shall be made to the court administration officer.
Revocation of the Armed Forces Proceedings (Costs) Regulations 2005
8
The Armed Forces Proceedings (Costs) Regulations 2005 are revoked.
PART 2 Transitional Provisions
Definitions for the purposes of Part 2
9
In this part —
“court-martial” means a court-martial constituted under any of the services Acts ;
“the services Acts” means the Army Act 1955 , the Air Force Act 1955 and the Naval Discipline Act 1957 ;
“Standing Civilian Court” means a court established under section 6 of the Armed Forces Act 1976 ;
“a summary appeal court” means a summary appeal court established by any of the services Acts.
Proceedings under the services Acts
10
1
In relation to proceedings before a court-martial, a summary appeal court, or a Standing Civilian Court for an offence under any of the services Acts, these Regulations have effect with the following modifications.
2
The definition of “wasted costs order is to be read as if for that definition there were substituted —
“wasted costs order” means any action taken by a court-martial, a summary appeal court, a Standing Civilian Court or the Court Martial Appeal Court under section 27(1) of the Act.
3
Regulation 3(1) is to be read as if for the words before “is satisfied” there were substituted —
Subject to the provisions of this regulation, where at any time during proceedings for an offence under any of the services Acts —
a
a court-martial,
b
a summary appeal court, or
c
a Standing Civilian Court
.
4
Regulation 3(5) is to be read as if for “the Service Civilian Court” there were substituted “a Standing Civilian Court”.
5
Regulation 5(1)(a) is to be read as if for “the Court Martial” there were substituted “a court-martial”.
6
Regulation 5(1)(b) is to be read as if —
a
for “the Summary Appeal Court” there were substituted “a summary appeal court”; and
b
for “the Service Civilian Court” there were substituted “a Standing Civilian Court”.
7
In regulation 6, the reference to “a court mentioned in section 27(1)” is to be taken to include a court-martial, a summary appeal court and a Standing Civilian Court.
Costs incurred by prosecuting authorities
11
1
This regulation applies in relation to proceedings before a court-martial, a summary appeal court, a Standing Civilian Court or the Court Martial Appeal Court.
2
In regulation 6, the reference to the exercise by the Director of his functions as a party to proceedings is to be taken to include any exercise by a prosecuting authority appointed under any of the services Acts, before the coming into force of these regulations, of its functions as a party to the same proceedings.
Appeals instituted under the Armed Forces Proceedings (Costs) Regulations 2005
12
Where an appeal has been instituted under regulation 5 of the Armed Forces Proceedings (Costs) Regulations 2005 (“the 2005 Regulations ”) but not determined —
a
it shall be treated as if it had been an appeal instituted under regulation 5 of these regulations as modified by regulations 10(5) and (6);
b
any notice given or document served in accordance with a provision of regulation 5 of the 2005 Regulations shall be treated as given or, as the case may be, served in accordance with the corresponding provision of regulation 5 of these Regulations;
c
any extension of time granted under regulation 5(5) of the 2005 Regulations shall be treated as if it had been granted under regulation 5(5) of these Regulations; and
d
where an interested party has, in accordance with rule 5(6) of the 2005 Regulations, been allowed to make representations, the appeal court’s duty under regulation 5(6) of these Regulations to allow any interested party to make representations shall be treated as discharged.
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
14th April 2009


text:
Citation and commencement
1
1
This Order may be cited as the Legal Officers (Annual Fees) Order 2009.
2
This Order shall come into operation on the first day of January 2010.
Establishment of fees
2
The fees appearing in Schedule 1 to this Order are established. The Tables of that Schedule contain particulars of the annual fees which are to be received, after the commencement of this Order, by —
1
the legal officers named in Table I of that Schedule in respect of the carrying out by them of the duties of their offices specified in Schedule 2 to this Order; and
2
by the legal officers named in Part A of Table II of Schedule 1 in respect of the carrying out by them of the duties of their offices except the duties and professional services specified in Part B of Table II as not falling within the scope of the annual fee.
Payment of fees
3
The fees established and set out in the second column of Table I of Schedule 1 to this Order are to be paid by the diocesan board of finance. The fees established and set out in the third column of the said Table I and in Table II of that Schedule are the liability of the diocesan bishop or archbishop, subject to the provisions of section 8 of the Ecclesiastical Fees Measure 1986.
Revocation of 2008 Order
4
The Legal Officers (Annual Fees) Order 2008 is hereby revoked.
Duties of the diocesan registrar
5
The diocesan registrar shall perform the duties and provide the professional services specified in Schedule 2 to this Order in consideration of the annual fee set out in Table I of Schedule 1 to this Order for his or her diocese and shall not be entitled to receive any other remuneration for such duties or services save as provided by this Order.
Supplementary annual fee
6
1
Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to the annual fee payable under Table I of Schedule 1 to this Order.
2
An agreement made under sub-paragraph (1) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
3
An agreement made under sub-paragraph (1) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less that three months’ notice on either side.
4
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
Travel, subsistence and accommodation
7
A fee specified in Schedule 1 to this Order shall be increased by a sum for reasonable expenses of travel, subsistence and accommodation.
Value Added Tax
8
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order (including any fee specified in paragraph 4 of Schedule 2 to this Order) there shall be payable in addition to that fee the amount of Value Added Tax.
A Rutherford
G F Tattersall
A R Hargreaves-Smith
A Britton
T E H Walker
T E Allen
David Williams
Clerk to the Synod
Church House, London
Approved by the General Synod on
10th July 2009


text:
Citation and commencement
1
This Order may be cited as the Export of Radioactive Sources (Control) (Amendment) Order 2009 and shall come into force on 6th April 2009.
Amendments
2
The Export of Radioactive Sources (Control) Order 2006 is amended as set out in the Schedule.
Ian Pearson
Economic and Business Minister
Department for Business, Enterprise and Regulatory Reform
8th March 2009


text:
Citation and commencement
1
These Regulations may be cited as the Armed Forces (Civilian Courts Dealing with Service Offences) (Modification of the Criminal Justice Act 2003) Regulations 2009 and shall come into force on 31st October 2009.
Interpretation
2
1
In these Regulations —
“ AA 1955 ” means the Army Act 1955 ;
“ AFA 1955 ” means the Air Force Act 1955 ;
“ CJA 2003 ” means the Criminal Justice Act 2003 ;
“commencement” has the meaning given by article 2 of the Armed Forces Act 2006 (Transitional Provisions etc ) Order 2009 ;
“ NDA 1957 ” means the Naval Discipline Act 1957 ;
“SDA offence” has the same meaning given by article 2 of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009.
Modification of Part 12 of the Criminal Justice Act 2003 (general Provisions about Sentencing)
3
In their application to a civilian court dealing with an offender for a service offence the provisions of Part 12 of CJA 2003 are modified as follows.
Modification of section 143 (determining the seriousness of an offence)
4
Section 143(3) (seriousness of offence: aggravating factor) is modified as if after the words “on bail” there were inserted “or charged with a service offence and released from service custody”.
Modification of section 240 (crediting of periods of remand in custody)
5
Section 240(1) (application of section) is modified as if for paragraph (b) there were substituted —
b
the offender has been —
i
remanded in custody (within the meaning given by section 242) in connection with the offence or a related offence, that is to say, any other offence the charge for which was founded on the same facts or evidence, or
ii
kept in service custody in connection with the offence or a related offence, that is to say, any other offence the charge for which was founded on the same facts or evidence, for any period since being charged with the offence or a related offence.
6
Section 240(2)(a) (effect of remand in custody in connection with other offences) is modified as if after the words “remanded in custody” there were inserted “or kept in service custody”.
7
Section 240 is modified as if for subsection (3) (period of remand in custody to count as time served as part of sentence) there were substituted —
3
Subject to subsection (4), the court must direct that the number of days for which the offender —
a
was remanded in custody in connection with the offence or a related offence, or
b
has been kept in service custody in connection with the offence or a related offence since being charged with that offence or related offence,
is to count as time served by him as part of the sentence.
8
Section 240(5)(a) (court to state number of days for which offender was remanded in custody) is modified as if after the words “remanded in custody” there were inserted “or kept in service custody”.
9
Section 240(6) (court to state certain matters if remand in custody not fully counted as time served as part of sentence) is modified as if after the words “remanded in custody” there were inserted “or kept in service custody”.
Transitional provisions
10
1
In their application to a civilian court dealing with an offender for an SDA offence after commencement the provisions of Part 12 of CJA 2003 are modified as provided in regulations 4 to 9 subject to this regulation.
2
In regulation 4 “service offence” includes an SDA offence and “charged with a service offence” includes being treated as charged with an offence by virtue of section 75(4) of AA 1955, section 75(4) of AFA 1955 or section 47A(4) of NDA 1957.
3
In regulations 4 to 9 “service custody” is to be read, in relation to any time before commencement, as a reference to military custody, air-force custody or naval custody.
4
In regulations 5 and 7 “being charged” includes being treated as charged with an offence by virtue of section 75(4) of AA 1955, section 75(4) of AFA 1955 or section 47A(4) of NDA 1957.
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
21st July 2009


text:
Citation and commencement
1
This Order may be cited as the Nuclear Material (Offences) Act 1983 (Isle of Man) Order 2009 and comes into force on the day after the day on which it is made.
Interpretation
2
In this Order “ the Act ” means the Nuclear Material (Offences) Act 1983 as amended by section 75 of and Part 1 of Schedule 17 to the Criminal Justice and Immigration Act 2008 .
Extension of the Act to the Isle of Man
3
Sections 1 to 4, 6 and 8 of and the Schedule to the Act shall extend to the Isle of Man with the modifications set out in the Schedule to this Order.
Revocation
4
The Nuclear Material (Offences) Act 1983 (Isle of Man) Order 1991 is revoked.
Judith Simpson
Clerk of the Privy Council


text:
Citation and interpretation
1
1
This Order may be cited as the Policing and Crime Act 2009 (Commencement No. 1 and Transitional and Saving Provisions) Order 2009.
2
In this Order “ the Act ” means the Policing and Crime Act 2009.
Provisions coming into force on 30th November 2009
2
The day appointed for the coming into force of the following provisions of the Act is 30th November 2009:
a
section 88 (provision of safeguarding information to the police);
b
section 91 (provision of safeguarding information to the police: Northern Ireland).
Provisions coming into force on 25th January 2010
3
The day appointed for the coming into force of the following provisions of the Act is 25th January 2010:
a
section 6 (authorisations to interfere with property etc );
b
section 7 (authorisations for obtaining and disclosing communications data);
c
section 8 (authorisations of covert human intelligence sources: conditions);
d
section 9 (authorisations for surveillance etc);
e
section 26 (penalty for contravening notice related to encrypted information);
f
section 51 (recovery of expenses etc);
g
section 61 (payment of compensation);
h
section 62 (limitation);
i
section 64 (detention of seized cash);
j
section 67 (article 26 alerts);
k
section 68 (article 95 alerts);
l
section 69 (extradition to category 1 territory);
m
section 70 (extradition to category 2 territory);
n
section 71 (person charged with offence or serving sentence of imprisonment);
o
section 72 (return from category 1 territory);
p
section 73 (return from category 2 territory);
q
section 74 (return to extraditing territory etc);
r
section 75 (cases in which sentences treated as served);
s
section 76 (dealing with person for other offences);
t
section 77 (provisional arrest);
u
section 78 (use of live link in extradition proceedings);
v
section 112(1) (minor and consequential amendments and repeals and revocations) insofar as it relates to Part 2, paragraph 25 and Part 9 of Schedule 7;
w
section 112(2) (minor and consequential amendments and repeals and revocations) insofar as it relates to Part 6 of Schedule 8;
x
Part 2, paragraph 25 and Part 9 of Schedule 7 (minor and consequential amendments);
y
Part 6 of Schedule 8 (repeals and revocations).
Transitional and saving provisions
4
1
The following provisions of the Act have effect only in relation to any extradition request received on or after 25th January 2010:
a
section 67 (article 26 alerts);
b
section 68 (article 95 alerts);
c
section 69 (extradition to category 1 territory);
d
section 70 (extradition to category 2 territory);
e
section 71 (person charged with offence or serving sentence of imprisonment).
2
Section 76 of the Act (dealing with person for other offences) has effect only in relation to any person extradited to the United Kingdom on or after 25th January 2010.
3
Section 77 of the Act (provisional arrest) has effect only in relation to a person arrested under section 5 of the Extradition Act 2003 on or after 25th January 2010.
4
In Part 6 of Schedule 8 (repeals and revocations) —
a
the repeal of section 143 of the Extradition Act 2003 shall not apply where an undertaking has been given under section 143(2) of the Act;
b
the repeal of section 144 of the Extradition Act 2003 shall not apply to a person to whom subsection (1)(a) to (d) of that section applies on 25th January 2010;
c
the repeal of section 151 of the Extradition Act 2003 shall not apply to a person extradited to the United Kingdom before 25th January 2010.
David Hanson
Minister of State
Home Office
24th November 2009


text:
PART 1 Preliminary
Title, application and commencement
1
These Regulations may be cited as the Plastic Materials and Articles in Contact with Food (England) Regulations 2009, apply in relation to England only and come into force on 7th March 2009.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“the 2007 Regulations ” means the Materials and Articles in Contact with Food (England) Regulations 2007 ;
“ Directive 82/711 ” means Council Directive 82/711/ EEC laying down the basic rules necessary for testing migration of the constituents of plastic materials and articles intended to come into contact with foodstuffs ;
“ Directive 85/572 ” means Council Directive 85/572/EEC laying down the list of simulants to be used for testing migration of constituents of plastic materials and articles intended to come into contact with foodstuffs ;
“ Directive 88/388 ” means Council Directive 88/388/EEC on the approximation of the laws of the Member States relating to flavourings for use in foodstuffs and to source materials for their production ;
“ Directive 89/107 ” means Council Directive 89/107/EEC on the approximation of the laws of the Member States concerning food additives authorised in foodstuffs intended for human consumption ;
“the Purity Directives ” means Commission Directive 2008/60/ EC laying down specific purity criteria concerning sweeteners for use in foodstuffs , Commission Directive 2008/128/EC laying down specific purity criteria concerning colours for use in foodstuffs and Commission Directive 2008/84/EC laying down specific purity criteria on food additives other than colours or sweeteners ;
“ the Directive ” means Commission Directive 2002/72/EC relating to plastic materials and articles intended to come into contact with foodstuffs ;
“ Regulation 1935/2004 ” means Regulation (EC) No 1935/2004 of the European Parliament and of the Council on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC ;
“ Regulation 1895/2005 ” means Commission Regulation (EC) No 1895/2005 on the restriction of use of certain epoxy derivatives in materials and articles intended to come into contact with food ;
“authorised officer” means any person, whether or not an officer of the enforcement authority, who is authorised by it in writing to act in matters arising under these Regulations;
“BADGE” has the meaning given in Article 1(1)(a) of Regulation 1895/2005;
“ BFDGE ” has the meaning given in Article 1(1)(b) of Regulation 1895/2005;
“business” is to be construed in accordance with section 1(3) of the Act;
“capable” means capable as established under regulation 13;
“ EFSA ” means the European Food Safety Authority;
“enforcement authority” means an authority having responsibility under regulation 15 for executing and enforcing these Regulations;
“fatty foods” means foods for which, in migration testing, simulant D is specified in Directive 85/572/EEC ;
“food” is to be construed in accordance with section 16(5) of the Act;
“good technical quality” means good technical quality as regards the purity criteria;
“handling of food” means use in connection with the storage, preparation, packaging, sale or serving of food;
“import” means import in the course of a business;
“infants” means children under the age of twelve months;
“material or article” means a material or article falling within the definition of materials and articles in Article 1(2) of Regulation 1895/2005;
“monomer” means any substance that is included for the purposes of the Directive among monomers and other starting substances;
“ NOGE ” has the meaning given in Article 1(1)(c) of Regulation 1895/2005;
“plastic functional barrier” means a barrier consisting of one or more layers of plastics which ensures that the finished material or article complies with Article 3 of Regulation 1935/2004 and with the Directive;
“plastic layers or coatings” means plastic layers or plastic coatings forming gaskets in lids that together are composed of two or more layers of different types of materials;
“plastic material or article” means anything which for the purposes of the Directive is included among those plastic materials and articles and parts thereof to which the Directive applies;
“plastic multi-layer material or article” means a plastic material or article composed of two or more layers of materials each consisting exclusively of plastics, which are bound together by means of adhesives or other means;
“sell” includes offer or expose for sale or have in possession for sale, and “sale” shall be construed accordingly;
“young children” means children aged between one and three years.
2
For the purposes of these Regulations the supply otherwise than on sale, in the course of a business, of any material or article is deemed to be a sale.
3
Any other expression used in these Regulations and in the Directive, Directive 82/711, Directive 85/572 or Regulation 1895/2005 bears the same meaning in these Regulations as it bears in that Directive or Regulation.
4
Except in regulation 11(3) and in Part 5 of Schedule 3, any reference to a numbered Annex is a reference to that Annex to the Directive.
5
Any reference to an Annex to the Directive is a reference to that Annex as amended from time to time.
PART 2 Requirements for Materials and Articles
Restriction on the use, sale or import of plastic materials and articles
3
1
No person may —
a
use for the handling of food in the course of a business;
b
sell for the purpose of handling of food; or
c
import from anywhere other than an EEA State for the purpose of handling of food,
a plastic material or article which fails to meet the required standard.
2
For the purposes of this regulation a plastic material or article fails to meet the required standard if —
a
it has been manufactured —
i
with a monomer which is not a permitted monomer as described in regulation 4(2), or
ii
with an additive which is not a permitted additive as described in regulation 5(2); or
b
it does not meet the required standards set out in regulation 6, 7, 8, 9, 10 or 11,
but a plastic material or article meets the required standard if it meets the applicable conditions set out in Schedule 5 (transitional arrangements).
Restriction on the use of monomers in the manufacture of plastic materials and articles
4
1
Subject to paragraphs (3), (4) and (5), no person may use any monomer other than a permitted monomer in the manufacture of any plastic material or article.
2
A permitted monomer is any monomer which is —
a
of good technical quality;
b
identified by PM/REF No, CAS No (if any) and name in columns 1, 2 and 3 respectively of Sections A or B of Annex II ; and
c
used in accordance with any restrictions and specifications for that monomer set out or referred to in column 4 of those Sections.
3
Paragraph (1) does not apply to the use of a monomer in the manufacture of any —
a
surface coatings obtained from resinous or polymerised products in liquid, powder or dispersion form, including but not limited to varnishes, lacquers and paints;
b
epoxy resins;
c
adhesives and adhesion promoters; or
d
printing inks.
4
Paragraph (1) shall not be taken to prohibit the manufacture of any plastic material or article with any substance if the substance in question is a mixture which falls within paragraph 3(c) (relating to mixtures of authorised substances) of Annex II and is of good technical quality.
5
In any proceedings for an offence under these Regulations where it is alleged that a plastic material or article does not comply with paragraph (1) because it was manufactured with any monomer (whether or not of good technical quality) other than one mentioned in paragraph (2)(b) it shall be a defence for the person accused to prove that each such monomer —
a
is present in the finished plastic material as an impurity, a reaction intermediate or a decomposition product which falls within paragraph 3(a) of Annex II, or
b
is an oligomer or a natural or synthetic macromolecular substance or a mixture thereof which falls within paragraph 3(b) of that Annex,
and is of good technical quality.
6
Schedule 1 has effect to supplement this regulation.
Restriction on the use of additives in the manufacture of plastic materials and articles
5
1
Subject to paragraph (3) no person may use in the manufacture of any plastic material or article any additive other than a permitted additive.
2
A permitted additive is —
a
an additive identified by PM/REF No, CAS No (if any) and name in columns 1, 2 and 3 respectively of Section A or B of Annex III which —
i
is of good technical quality, and
ii
is used in accordance with any restrictions and specifications for that additive set out in the corresponding entry in column 4 of Section A or B of that Annex;
b
any food additive authorised by Directive 89/107 or any flavouring authorised by Directive 88/388 that does not migrate into food —
i
in a quantity that has a technological function in the final food product, or
ii
where the food is of a type for which the use of any such food additive or flavouring is so authorised, in quantities exceeding the limits provided for in Directive 89/107 or Directive 88/388 as appropriate, or in Annex III, whichever is the lower;
c
any additive where that additive, at the time it is used under paragraph (1), appears in the provisional list mentioned in Article 4a(3) of the Directive and otherwise complies with the requirements of national law in England;
d
any additive not mentioned in sub-paragraphs (a) to (c) that is used —
i
in the manufacture of plastic layers or coatings, or
ii
as a polymerisation production aid not intended to remain in the finished article
and which otherwise complies with the requirements of national law in England; or
e
before 1st January 2010, any other additive used in accordance with the requirements of the Plastic Materials and Articles in Contact with Food (England) Regulations 2008 and which, but for their revocation, would have been permitted by those Regulations.
3
In any proceedings for an offence under these Regulations where it is alleged that the commission of the offence is due to the manufacture of a plastic material or article with any additive identified in Section A or B of Annex III or in the provisional list mentioned in Article 4a(3) of the Directive which is not of good technical quality, it shall be a defence for the person accused to prove that each such additive is present in the finished plastic material or article as an impurity, a reaction intermediate or a decomposition product.
4
Schedule 1 has effect to supplement this regulation.
Required standard for non-migration of constituents of monomers
6
1
Subject to paragraphs (2) and (3), where a migration limit expressed in mg/ kg is indicated in column 4 of the relevant section of Section A or B of Annex II in relation to any monomer, a plastic material or article manufactured from that monomer meets the required standard under this regulation if it is not capable of transferring constituents of that monomer to food with which the plastic material or article may come into contact in quantities exceeding the appropriate limit, and for the purposes of this paragraph the appropriate limit is —
a
the number of milligrams expressed in column 4 released per kilogram of food in the case of any plastic material or article other than one specified in sub-paragraph (b); and
b
one sixth of the number of milligrams expressed in column 4 per square decimetre of surface area of the plastic material or article if the plastic material or article comprises —
i
an article which is a container or is comparable to a container or can be filled, having a capacity of less than 500 millilitres or more than 10 litres, or
ii
sheet, film or other plastic material or article which cannot be filled or for which it is impracticable to estimate the relationship between the surface area of the material or article in question and the quantity of food in contact with that surface area.
2
A plastic material or article manufactured from any monomer for which a migration limit in mg/kg is expressed in column 4 of Section A or B of Annex II is not deemed to be capable of transferring constituents of that monomer to food with which the plastic material or article may come into contact in quantities exceeding the appropriate limit in paragraph (1) if the only food with which that plastic material or article may come into contact is food to which regulation 9(5) applies.
3
For plastic materials or articles brought or intended to be brought into contact with food for infants and young children the migration limits referred to in paragraph (1) shall always be applied in mg/kg.
Required standard for non-migration of constituents of additives
7
1
Subject to paragraphs (2) and (3), where a migration limit expressed in mg/kg is indicated in column 4 of Section A or B of Annex III in relation to any additive, a plastic material or article manufactured containing that additive meets the required standard under this regulation if it is not capable of transferring constituents of that additive to food with which the plastic material or article may come into contact in quantities exceeding the appropriate limit, and for the purposes of this paragraph the appropriate limit is —
a
the number of milligrams indicated in column 4 released per kilogram of food in the case of any plastic material or article other than one specified in sub-paragraph (b); and
b
one sixth of the number of milligrams expressed in column 4 per square decimetre of surface area of the plastic material or article if the plastic material or article comprises —
i
an article which is a container or is comparable to a container or can be filled, having a capacity of less than 500 millilitres or more than 10 litres, or
ii
sheet, film or other plastic material or article which cannot be filled or for which it is impracticable to estimate the relationship between the surface area of the material or article in question and the quantity of food in contact with that surface area.
2
A plastic material or article manufactured containing an additive for which a migration limit in mg/kg is expressed in column 4 of Section A or B of Annex III is not deemed to be capable of transferring constituents of that additive to food with which the plastic material or article may come into contact in quantities exceeding the appropriate limit in paragraph (1) if the only food with which that plastic material or article may come into contact is food to which regulation 9(5) applies.
3
For plastic materials or articles brought or intended to be brought into contact with food for infants and young children the migration limits referred to in paragraph (1) shall always be applied in mg/kg.
Required standard for products obtained by bacterial fermentation
8
A product obtained by bacterial fermentation meets the required standard under this regulation if it is —
a
of good technical quality;
b
identified by PM/REF No, CAS No and name in columns 1, 2 and 3 respectively of Annex IV ; and
c
in compliance with the restrictions and specifications set out in column 4 of that Annex.
Required standards relating to overall migration limits
9
1
Subject to paragraph (5), a plastic material or article meets the required standard under this regulation if it is not capable of transferring its constituents to food with which it may come into contact in quantities exceeding the appropriate limit specified in paragraphs (2) to (4).
2
Subject to paragraph (4), in the case of any plastic material or article comprising —
a
an article which is a container or comparable to a container or can be filled, with a capacity of less than 500 millilitres or more than 10 litres; or
b
sheet, film or any other material or article which cannot be filled or for which it is impracticable to estimate the relationship between the surface area of such material or article and the quantity of food in contact with it,
the appropriate limit is an overall migration limit of 10 milligrams per square decimetre of the surface area of the plastic material or article.
3
In the case of any other plastic material or article, the appropriate limit is an overall migration limit of 60 milligrams of the constituents released per kilogramme of food or food simulant.
4
For plastic materials or articles intended to be brought into contact or already in contact with food intended for infants and young children, the appropriate limit is always that specified in paragraph (3).
5
For the purposes of this regulation a plastic material or article is not deemed to fail to meet the required standard under paragraph (1) if the only food with which that material or article may come into contact is food —
a
which is specified in the table to Part 4 of Schedule 3; and
b
where there is no “X” placed anywhere in the group of columns headed “Simulants to be used” opposite that food.
6
In any proceedings for an offence under these Regulations where it is alleged that a plastic material or article does not comply with this regulation, the defence available in paragraph 10(2) of Schedule 2 is available as specified in that paragraph.
Required standard for non-migration of primary aromatic amines
10
1
Subject to paragraph (4), a plastic material or article manufactured using primary aromatic amines meets the required standard under this regulation if it is not capable of transferring such amines (expressed as aniline) in a detectable quantity to food with which that plastic material or article may come into contact
2
Part B of Annex V has effect for the purpose of prescribing, for certain items listed in Section A or B of Annex II, Section A or B of Annex III, or Annex IV, the specifications for those items that are referred to in column 4 of the Annex or Section of Annex concerned.
3
For the purposes of paragraph (1) a detectable quantity means at least 0.01 milligrams per kilogram of food or food simulant.
4
The requirement in paragraph (1) does not apply to primary aromatic amines listed in the Directive.
Required standard relating to plastic multi-layer materials and articles
11
1
Subject to paragraph (2), a plastic multi-layer material or article meets the required standard if each layer of which it is composed complies with these Regulations.
2
A layer which is not in direct contact with food and is separated from such contact by a plastic functional barrier is not obliged to comply with the requirements of these Regulations provided that —
a
the finished material or article complies with the relevant specific and overall migration limits; and
b
if any substance used in the manufacture of the layer is not included in the Directive or in the provisional list or the national lists referred to in that Directive, that substance meets the requirements of paragraphs (3) and (4).
3
A substance mentioned in paragraph (2)(b) must not belong to the category of those classified —
a
as proved or suspect “carcinogenic”, “mutagenic” or “toxic to reproduction” substances in Annex I to Directive 67/548/EEC , or
b
under the self-responsibility criteria as “carcinogenic”, “mutagenic” or “toxic to reproduction” substances according to the rules of Annex VI to that Directive.
4
The migration of a substance mentioned in paragraph (2)(b) into a food or simulant must not exceed 0.01 mg/kg, measured and expressed in accordance with the requirements and specifications contained in Article 7a(3) of the Directive.
Provisions relating to the use of certain epoxy derivatives (BADGE, BDGE and NOGE)
12
1
In this regulation —
a
any reference to a numbered Article is a reference to that Article in Regulation1895/2005;
b
paragraphs (2) to (5) are subject to Article 1(3) (exception relating to certain storage containers and pipelines); and
c
for the purpose of Article 6(4) (requirement to disclose date of filling) the competent authority is the authority identified in regulation 15.
2
Subject to Article 6(1), (2) (transitional provisions) and (4) (labelling requirements), no person may —
a
manufacture,
b
use for the handling of food in the course of a business,
c
sell for the purpose of the handling of food, or
d
import for the purpose of the handling of food
any material or article in contravention of Article 3 or Article 4 (prohibitions relating to BFDGE and NOGE respectively).
3
No person may manufacture any material or article in such a way as to contravene the requirements of Article 2 (controls on the migration of BADGE from materials and articles).
4
Subject to Article 6(1), no person may —
a
use for the handling of food in the course of a business,
b
sell for the purpose of the handling of food, or
c
import for the purpose of the handling of food
any material or article that has been manufactured in such a way as to contravene the requirements of Article 2.
5
Subject to Article 6(3) (transitional provisions relating to materials and articles brought into contact with food before 1st January 2007), no person shall contravene or fail to comply with the requirements of Article 5 (obligations regarding the provision of a written statement when marketing materials or articles containing BADGE or its derivatives).
6
No person shall without reasonable excuse fail to comply with a request made under Article 6(4).
Method of testing the capability of plastic materials or articles to transfer constituents, and methods of analysis
13
1
A plastic material or article shall be treated as capable of transferring constituents to food with which it may come into contact to the extent that such capability is established —
a
in any case other than one to which sub-paragraph (b) or (c) applies, and subject to Article 8(4) of the Directive (which may be applied on compliance with the conditions stated therein), by the verification methods specified in Schedule 2 (including the analytical tolerances referred to in paragraph 12 of that Schedule) and Schedule 3;
b
in any case where the extent to which vinyl chloride, as identified in Section A of Annex II, is capable of such transfer falls to be established, by the method referred to in regulation 9(2) of the 2007 Regulations; or
c
in any case where the extent to which a phthalate listed in Section B of Annex III with PM reference number 74640, 74880, 74560, 75100 or 75105 is capable of such transfer falls to be established, by the method referred to in Article 8(5) of the Directive.
2
In Schedules 2 and 3, references to migration or release of a substance are to be construed as references to the transfer of constituents to the food or simulant representing the food with which the substance may come into contact.
3
The specific migration of a constituent from a plastic material or article shall where applicable be determined in the manner specified in the relevant sub-paragraph of paragraph 8 of Annex II.
4
The quantity of a constituent in a plastic material or article shall where applicable be determined in the manner specified in the sub-paragraph of paragraph 8 of Annex II relating to the term “QM(T)”, “QMA(T)” or, as the case may be, “QMA”.
Labelling and documentation
14
1
At marketing stages other than the retail stage a person who places on the market any plastic material or article or any substance intended for the manufacture of a plastic material or article must ensure that the plastic material or article or substance is accompanied by a written declaration which —
a
accords with Article 16(1) of Regulation (EC) No. 1935/2004 ;
b
contains the information specified in Schedule 4.; and
c
complies with paragraph (2).
2
A written declaration made under paragraph (1) must be revised when substantial changes in the production of a plastic material or article for which the declaration is issued bring about changes in the migration or when new scientific information is available.
3
A person mentioned in paragraph (1) must make available to the enforcement authority on request appropriate documentation to demonstrate that the plastic material or article or substance intended for its manufacture complies with the requirements of these Regulations.
4
The documentation referred to in paragraph (3) shall contain the conditions and results of testing, calculations, other analysis, and evidence on the safety or reasoning demonstrating compliance.
PART 3 Execution and Enforcement
Enforcement
15
Each food authority in its area and each port health authority in its district shall execute and enforce —
a
the provisions of Regulation 1895/2005 mentioned in regulation 12, and
b
these Regulations.
Offences and Penalties
16
1
Any person who —
a
contravenes or fails to comply with regulation 3(1), 4(1), 5(1), 12(2) to (5) or 14(1);
b
intentionally obstructs any person acting in the execution of Regulation 1895/2005 or these Regulations;
c
contravenes regulation 12(6), 14(3) or 21(3) or, without reasonable excuse, otherwise fails to give to any person acting in the execution of Regulation 1895/2005 or these Regulations any assistance or information which that person may reasonably require; or
d
in purported compliance with any requirement mentioned in sub-paragraph (c), knowingly or recklessly supplies information that is false or misleading in any material particular,
is guilty of an offence.
2
Anyone guilty of an offence under these Regulations is liable —
a
in the case of an offence under paragraph (1)(a) or (d) —
i
on conviction on indictment to a term of imprisonment not exceeding two years or to a fine or both;
ii
on summary conviction to a term of imprisonment not exceeding six months or to a fine not exceeding the statutory maximum or both;
b
in the case of any other offence under these Regulations on summary conviction to a term of imprisonment not exceeding three months or to a fine not exceeding level five on the standard scale or both.
3
Nothing in paragraph (1)(c) is to be construed as requiring any person to answer any question or give any information if to do so might incriminate that person.
Offences by corporate bodies or Scottish partnerships
17
1
Where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person purporting to act in such a capacity,
that individual as well as the body corporate shall be deemed to be guilty of that offence and liable to be proceeded against and punished accordingly.
2
Where an offence under these Regulations which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a partner, that partner as well as the partnership shall be deemed to be guilty of that offence and liable to be proceeded against and punished accordingly.
Time limit for prosecutions
18
No prosecution for an offence under these Regulations shall be begun after the expiry of three years from the commission of the offence or one year from its discovery by the prosecutor, whichever is the earlier.
Offences due to the act or default of a third party
19
Where the commission by a person (A) of an offence under these Regulations is due to the act or default of some other person (B), person B shall be guilty of the offence and may be charged with and convicted of the offence whether or not proceedings are taken against person A.
Defence of exercising due diligence etc
20
1
In any proceedings for an offence under these Regulations it shall, subject to paragraph (5), be a defence to prove that the person accused (“the accused”) took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by the accused or by a person under the control of the accused.
2
Without prejudice to the generality of paragraph (1), a person accused of an offence under these Regulations who did not —
a
prepare the plastic material or article or, as the case may be, the material or article in respect of which the offence is alleged to have been committed; nor
b
import it into the United Kingdom,
shall be taken to have established the defence provided by paragraph (1) if the requirements of paragraphs (3) and (4) are satisfied.
3
The requirements of this paragraph are satisfied if it is proved that —
a
the commission of the offence was due to the act or default of some other person who was not under the control of the accused, or to reliance on information supplied by such a person;
b
either —
i
the accused carried out all such checks of the plastic material or article or material or article in question as were reasonable in all the circumstances, or
ii
it was reasonable in all the circumstances for the accused to rely on checks carried out by the person who supplied the plastic material or article or the material or article in question; and
c
the accused did not know and had no reason to suspect at the time the offence was committed that the act or omission would amount to an offence under these Regulations.
4
The requirements of this paragraph are satisfied if the offence is one of sale and it is proved that —
a
the commission of the offence was due to the act or default of some other person who was not under the control of the accused, or to reasonable reliance on information supplied by such a person;
b
the sale of which the alleged offence consisted was not a sale under the name or mark of the accused; and
c
the accused did not know and could not reasonably have been expected to know at the time the offence was committed that the act or omission would amount to an offence under these Regulations.
5
If in any case the defence provided by this regulation involves the allegation that the commission of the offence was due to the act or default of another person, or to reliance on information supplied by another person, the accused shall not without leave of the court be entitled to rely on that defence unless —
a
at least seven clear days before the hearing; and
b
where the accused has previously appeared before the court in connection with the alleged offence, within one month of the first such appearance,
the accused has served on the prosecutor a written notice giving such information identifying or assisting in the identification of that other person as was then in the possession of the accused.
6
For the purposes of paragraph (2), “prepare” includes manufacture or subject to any form of treatment or process.
Transitional defence relating to PVC gaskets containing epoxidised soybean oil
21
1
In any proceedings for an offence under regulation 3 concerning the sale of a glass jar —
a
which contains
i
infant formulae or follow-on formulae as defined by Commission Directive 2006/141/EC , or
ii
processed cereal-based foods or baby foods for infants and young children as defined by Commission Directive 2006/125/EC , and
b
the lid of which is sealed by means of a PVC gasket containing epoxidised soybean oil having PM/Ref No. 88640 in Section A of Annex III,
it shall be a defence to prove the matters set out in paragraph (2).
2
The matters to be proved are that —
a
the PVC gasket mentioned in paragraph (1)(b) was compliant with the relevant restrictions and specifications in column 4 at Item 259A of Part 1 of Schedule 2 to the Plastic Materials and Articles in Contact with Food (England) Regulations 2006 ;
b
the glass jar was filled and sealed before 19th November 2006;
c
the date of filling or a coded indication of that date was present on the jar or its lid at the time of sale; and
d
the labelling or marking with the particulars mentioned in sub-paragraph (c) at the time of sale complied with the requirements relating to durability in Article 2(1)(a) of Directive 2000/13/EC of the European Parliament and of the Council .
3
A person may not without reasonable excuse fail to comply with a request made by the enforcement authority to disclose the date signified by the coded indication mentioned in paragraph (2)(c).
Procedure where a sample is to be analysed
22
1
An authorised officer who has procured a sample under section 29 of the Act and who considers it should be analysed shall divide the sample into three parts.
2
If the sample consists of sealed containers and opening them would, in the opinion of the authorised officer, impede a proper analysis, the authorised officer shall divide the sample into parts by putting the containers into three lots, and each lot shall be treated as being a part.
3
The authorised officer shall —
a
if necessary place each part in a suitable container and seal it;
b
mark each part or container;
c
as soon as reasonably practicable, give one part to the owner and notify the owner in writing that the sample will be analysed;
d
submit one part for analysis in accordance with section 30 of the Act; and
e
retain one part for future submission under regulation 23.
Secondary analysis by the Government Chemist
23
1
Where a sample has been retained under regulation 22 and —
a
proceedings are intended to be or have been commenced against a person for an offence under these Regulations; and
b
the prosecution intends to adduce as evidence the result of the analysis mentioned above,
paragraphs (2) to (7) apply.
2
The authorised officer —
a
may of the officer’s own volition; or
b
shall —
i
if requested by the prosecutor (if a person other than the authorised officer);
ii
if the court so orders; or
iii
(subject to paragraph (6)) if requested by the defendant,
send the retained part of the sample to the Government Chemist for analysis.
3
The Government Chemist shall analyse the part sent under paragraph (2) and send to the authorised officer a certificate specifying the results of the analysis.
4
Any certificate of the results of analysis sent by the Government Chemist shall be signed by or on behalf of the Government Chemist, but the analysis may be carried out by any person under the direction of the person who signs the certificate.
5
The authorised officer shall immediately on receipt supply the prosecutor (if a person other than the authorised officer) and the defendant with a copy of the Government Chemist’s certificate of analysis.
6
Where a request is made under paragraph (2)(b)(iii) the authorised officer may give notice in writing to the defendant requesting payment of a fee specified in the notice to defray some or all of the Government Chemist’s charges for performing the functions under paragraph (3), and in the absence of agreement by the defendant to pay the fee specified in the notice the authorised officer may refuse to comply with the request.
7
In this regulation “defendant” includes a prospective defendant.
PART 4 General and Supplementary
Application of provisions of the Act
24
The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of the Act —
a
section 3 (presumption that food is intended for human consumption);
b
section 30(8) (relating to documentary evidence);
c
section 44 (protection of officers acting in good faith).
Amendment of the Food Safety (Sampling and Qualifications) Regulations 1990
25
In the Food Safety (Sampling and Qualifications) Regulations 1990 , in Schedule 1 (provisions to which those Regulations do not apply) for the title and reference of the Plastic Materials and Articles in Contact with Food (England) Regulations 2008 substitute the title and reference of these Regulations.
Amendments to the Materials and Articles in Contact with Food (England) Regulations 2007
26
1
The 2007 Regulations are amended in accordance with paragraphs (2) to (4).
2
In regulation 2(1) —
a
omit the definition of “the 2008 Regulations”;
b
after the definition of “the Act” insert the following definition —
”the 2009 Regulations ” means the Plastic Materials and Articles in Contact with Food (England) Regulations 2009 ;
.
3
In regulation 10, in paragraph (4) for “2008”substitute “2009”.
4
In regulation 11, in paragraph (5), for “2008” substitute “2009”.
Revocations
27
The following Regulations or parts thereof are revoked —
a
The Plastic Materials and Articles in Contact with Food (England) Regulations 2008 ;
b
Regulations 2 to 4 of the Plastic Materials and Articles in Contact with Food (England) (Amendment) Regulations 2008 .
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
5th February 2009


text:
Citation and commencement
1
1
This Order may be cited as the Police Act 1997 (Criminal Records) (Guernsey) Order 2009.
2
Subject to paragraphs (3) to (5) this Order comes into force on the day after the day on which it is made.
3
Article 3(2)(a) (the extension of section 112 of the 1997 Act ) and the modifications specified in paragraph 1 of Schedule 1 come into force on the day on which section 112 of the 1997 Act comes into force in England and Wales.
4
Article 4(2)(d) (the extension of the repeal of section 113E of the 1997 Act) comes into force upon the ending of the second transitional period.
5
The modifications specified in paragraph 2(b)(ii) of Schedule 2 come into force on the day on which section 170(2) of the Education and Inspections Act 2006 (prohibition on participation in management: supplementary) comes into force in England and Wales.
Interpretation
2
In this Order —
a
“the 1997 Act” means the Police Act 1997 ;
b
“the 2006 Act ” means the Safeguarding Vulnerable Groups Act 2006;
c
“the first transitional period” has the same meaning as in article 1(2) of the Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 ;
d
“ Guernsey ” means the Bailiwick of Guernsey and its adjacent territorial sea;
e
“the second transitional period” has the same meaning as in article 1(2) of the Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009.
Extension of Part 5 of the Police Act 1997 to Guernsey
3
1
The following provisions of Part 5 (Certificates of criminal records, &c) of the 1997 Act, as amended by the Greater London Authority Act 1999 , the Police (Northern Ireland) Act 2000 , the Criminal Justice and Police Act 2001 , the Criminal Justice Act 2003 and the Serious Organised Crime and Police Act 2005, extend to Guernsey subject to the modifications specified in Schedules 1 and 3 .
2
The provisions are —
a
section 112 (criminal conviction certificates);
b
section 113A (criminal record certificates);
c
section 113B (enhanced criminal record certificates);
d
section 113E (criminal record certificates: specified children’s and adults’ lists: urgent cases);
e
section 114 (criminal record certificates: Crown employment);
f
section 116 (enhanced criminal record certificates: judicial appointments and Crown employment);
g
section 117 (disputes about accuracy of certificates);
h
section 118 (evidence of identity);
i
section 119 (sources of information);
j
section 120 (registered persons);
k
section 120ZA (regulations about registration);
l
section 122A (delegation of functions of Secretary of State);
m
section 123 (offences: falsification, &c);
n
section 124 (offences: disclosure);
o
section 124A (further offences: disclosure of information obtained in connection with delegated function);
p
section 125 (regulations);
q
section 126 (interpretation of Part 5);
r
section 127 (saving: disclosure of information and records).
Extension of the Safeguarding Vulnerable Groups Act 2006 to Guernsey
4
1
The following provisions of the 2006 Act extend to Guernsey subject to the modifications specified in Schedules 2 and 3.
2
The provisions are —
a
section 28 (independent monitor);
b
section 63 (amendments and repeals);
c
Schedule 9 (amendments), paragraph 14 (Police Act 1997 (c. 50) );
d
Schedule 10 (repeals), entry in relation to section 113E of the 1997 Act .
Extension of the Armed Forces Act 2006 to Guernsey
5
1
The following provisions of the Armed Forces Act 2006 extend to Guernsey.
2
The provisions are —
a
section 378(1) (minor and consequential amendments and repeals);
b
Schedule 16 (minor and consequential amendments), paragraph 149 (Police Act 1997 (c. 50) ).
Modifications that have effect for a limited period
6
1
Part 1 of Schedule 3 specifies modifications that have effect from the date referred to in article 1(2) until the end of the first transitional period.
2
The modification to section 119(1A) of the 1997 Act specified in paragraph 1 of Schedule 3 has effect instead of the modification specified in paragraph 8(a) of Schedule 1.
3
The modifications to paragraph 14(4) of Schedule 9 to the 2006 Act specified in paragraph 2(a) of Schedule 3 have effect instead of the modifications specified in paragraph 2(b)(ii) of Schedule 2.
4
The modifications to paragraph 14(4) of Schedule 9 to the 2006 Act specified in paragraph 2(b) of Schedule 3 have effect in addition to the modifications specified in paragraph 2(b) of Schedule 2.
7
1
Part 2 of Schedule 3 specifies modifications that have effect from the date referred to in article 1(2) until the end of the second transitional period.
2
Those modifications have effect in addition to the modifications specified in paragraph 2 of Schedule 2.
8
1
Part 3 of Schedule 3 specifies modifications that have effect for the second transitional period.
2
The modifications to paragraph 14(4) of Schedule 9 to the 2006 Act specified in paragraph 4(a) of Schedule 3 have effect instead of the modifications specified in paragraph 2(b)(ii) of Schedule 2.
3
The modifications to paragraph 14(4) of Schedule 9 specified in paragraph 4(b) of Schedule 3 have effect in addition to the modifications specified in paragraph 2(b) of Schedule 2.
Subordinate legislation made under extended provisions
9
Any order or regulations made by the Secretary of State under the provisions extended to Guernsey by this Order shall not have effect in Guernsey until the order or regulations have been registered on the Records of the Island of Guernsey.
Judith Simpson
Clerk of the Privy Council


text:
Citation
1
This Order may be cited as the Criminal Justice and Immigration Act 2008 (Commencement No. 9) Order 2009.
Provisions commenced on 8 July 2009
2
The following provisions of the Criminal Justice and Immigration Act 2008 (“ the Act ”) come into force on 8 July 2009 —
a
section 148(1) (consequential etc. amendments), so far as it relates to the provisions specified in paragraph (b); and
b
in Schedule 26 (minor and consequential amendments) —
i
paragraph 59 (amendments to the Criminal Justice Act 2003 ), so far as it relates to paragraph 61; and
ii
paragraph 61 (variation of conditions attached to conditional cautions).
Provisions commenced on 8 July 2009 for some purposes
3
The following provisions of the Act come into force on 8 July 2009 so far as they relate to the amendments to the Criminal Justice Act 2003 made immediately before 8 July 2009 by section 17 of the Police and Justice Act 2006 —
a
section 148(1), so far as it relates to the provisions specified in paragraph (b);
b
in Schedule 26 —
i
paragraph 59, so far as it relates to paragraphs 60 and 62; and
ii
paragraph 60 (amendments regarding financial penalties) and paragraph 62 (provision in codes of practice in relation to financial penalties); and
c
the repeals in Part 4 of Schedule 28 (repeals and revocations) relating to section 23A(7) to (9) of the Criminal Justice Act 2003.
Signed by the authority of the Secretary of State
Claire M Ward
Parliamentary Under Secretary of State
Ministry of Justice
1st July 2009


text:
Citation and commencement
1
1
These Regulations may be cited as the Waste Electrical and Electronic Equipment (Amendment) Regulations 2009.
2
These Regulations shall come into force on 1st January 2010.
Amendments to the Waste Electrical and Electronic Equipment Regulations 2006
2
The amendments to the Waste Electrical and Electronic Equipment Regulations 2006 specified in the Schedule shall have effect.
Ian Lucas
Minister for Business and Regulatory Reform,
Department for Business, Innovation and Skills
5th November 2009


text:
Citation and commencement
1
This Order may be cited as the Civil Enforcement of Parking Contraventions (Walsall) Designation Order 2009 and shall come into force on 1st April 2009.
Designation of civil enforcement area and special enforcement area
2
The Secretary of State designates the area described in the Schedule as —
a
a civil enforcement area for parking contraventions; and
b
a special enforcement area.
Signed by authority of the Secretary of State
Andrew Adonis
Minister of State
Department for Transport
27th February 2009


text:
Citation and commencement
1
1
This Order may be cited as the Armed Forces Act 2006 (Consequential Amendments) Order 2009.
2
This Order shall come into force on 31st October 2009.
Amendments
2
Schedule 1 shall have effect.
Transitional provisions
3
Schedule 2 shall have effect.
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
20th July 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Social Security (Contributions) (Re-rating) Order 2009 and shall come into force on 6th April 2009.
2
In this Order —
“ the Act ” means the Social Security Contributions and Benefits Act 1992; and
“the Northern Ireland Act ” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992 .
Rate of and small earnings exception from Class 2 contributions
2
In both section 11 of the Act and section 11 of the Northern Ireland Act (Class 2 contributions) —
a
in subsection (1) for “£2.30” substitute “£2.40”; and
b
in subsection (4) (small earnings exception) for “£4,825” substitute “£5,075”.
Amount of Class 3 contributions
3
In both section 13(1) of the Act and section 13(1) of the Northern Ireland Act (amount of Class 3 contributions) for “£8.10” substitute “£12.05”.
Lower and upper limits for Class 4 contributions
4
In each of sections 15(3), 18(1) and 18(1A) of the Act and sections 15(3), 18(1) and 18(1A) of the Northern Ireland Act (Class 4 contributions recoverable under the Income Tax Acts and under regulations) —
a
for “£5,435” (lower limit) in each place where it appears, substitute “£5,715”; and
b
for “£40,040” (upper limit) in each place where it appears, substitute “£43,875”.
Frank Roy
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 2009


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2009 and shall come into force on 1st April 2009.
2
These Regulations shall apply in relation to any case in which a person first fulfils the conditions of entitlement to a payment under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 on or after the day on which they come into force.
Amendment of Regulations
2
In the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988 —
a
in regulations 5(1) and 8 (minimum amounts payable to dependant), for “£2,485” substitute “£2,609”;
b
in regulation 6(1)(a) (payment where pneumoconiosis is accompanied by tuberculosis), for “£5,140” (in both places) substitute “£5,397”; and
c
for the Schedule to those Regulations substitute the Schedule set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Work and Pensions
William D.McKenzie.
Parliamentary Under Secretary of State
Department for Work and Pensions
18th March 2009


text:
PART 1 Introduction
Citation and commencement
1
This Order may be cited as the Banking Act 2009 (Parts 2 and 3 Consequential Amendments) Order 2009 and comes into force on 21st February 2009.
Interpretation
2
In this Order —
“the 2009 Act ” means the Banking Act 2009.
PART 2 General Modifications to Legislation
3
1
So far as the enactments set out in the Schedule (“the listed enactments”) apply in relation to liquidation and administration, they apply with the modifications set out in paragraphs (2) to (4).
2
The modifications relating to bank insolvency under Part 2 of the 2009 Act are that references to —
a
“liquidator” include a reference to a bank liquidator under Part 2 of the 2009 Act;
b
“provisional liquidator” include a reference to a provisional bank liquidator under Part 2 of the 2009 Act;
c
“liquidation” or “insolvent liquidation” include a reference to bank insolvency under Part 2 of the 2009 Act;
d
“winding up” or “winding up by the court” include a reference to bank insolvency under Part 2 of the 2009 Act (and a reference to the “commencement of winding up” in this context is to the commencement of bank insolvency);
e
“winding up order” include a reference to a bank insolvency order under Part 2 of the 2009 Act;
f
“wound up” include a reference to a bank having been put into bank insolvency under Part 2 of the 2009 Act; and
g
“winding up petition” or “petition to wind up” include an application for bank insolvency under Part 2 of the 2009 Act.
3
The modifications relating to bank administration under Part 3 of the 2009 Act are that references to —
a
“administrator” include a reference to a bank administrator under Part 3 of the 2009 Act;
b
“administration” or “insolvent administration” include a reference to a bank administration under Part 3 of the 2009 Act;
c
“administration order” include a reference to a bank administration order under Part 3 of the 2009 Act; and
d
“provisional liquidator” include a reference to a provisional bank administrator under Part 3 of the 2009 Act.
4
The modifications relating to bank insolvency or bank administration under Parts 2 and 3 of the 2009 Act are that references to —
a
“insolvency legislation” or “the law of insolvency” include Parts 2 and 3 of the 2009 Act and the provisions of the Insolvency Act 1986 and the Insolvency (Northern Ireland) Order 1989 as applied by those Parts;
b
a person acting as an “insolvency practitioner” (as defined in section 388 of the Insolvency Act 1986) include a person acting as a bank liquidator or bank administrator under Parts 2 and 3 of the 2009 Act;
c
the provisions of the Insolvency Act 1986 and the Insolvency (Northern Ireland) Order 1989, in the context of bank insolvency or bank administration, shall be read to include those provisions as applied and modified by sections 103 and 145 of the 2009 Act; and
d
the provisions of the Insolvency Rules 1986 , the Insolvency Rules (Northern Ireland) 1991 and the Insolvency (Scotland) Rules 1986 , in the context of bank insolvency or bank administration, shall be read to include those provisions as applied and modified by rules made under section 411(1A) of the Insolvency Act 1986 in relation to bank insolvency, and under section 411(1B) of the Insolvency Act 1986 in relation to bank administration.
PART 3 Specific Modifications and Amendments to Legislation
Finance (No 2) Act 1992
4
1
The following provision of the Finance (No 2) Act 1992 applies with the modification set out in this article.
2
Paragraph 2 of Schedule 12 (Banks etc. in Compulsory Liquidation) is to be read as if it included the following —
3A
Where the company is a bank (as defined in section 91 of the Banking Act 2009), bank insolvency proceedings shall be taken to have commenced against the bank when the application for a bank insolvency order is made to the court under section 95 of the Banking Act 2009.
.
Financial Services and Markets Act 2000
5
1
The following provisions of the Financial Services and Markets Act 2000 apply with the modifications set out in this article.
2
In section 215 (Rights of the scheme in relevant person’s insolvency) —
a
in subsection (3) , the reference to making an administration application is to be read as including making an application for a bank administration order under section 142 of the 2009 Act, and
b
subsection (4) is to be read as if it read the following —
4
In the case of a bank insolvency (as defined in Part 2 of the Banking Act 2009), if the scheme manager decides, pursuant to section 100(6)(d) of that Act, not to remain on the liquidation committee, the scheme manager shall retain the rights it usually enjoys in respect of the winding up of a relevant person under section 371(3) and (4).
.
3
In section 355 (Interpretation of Part 24), the definition of “court” is to be read as if “, unless otherwise provided,” were inserted after the word “means”.
4
In section 361 (Administrator’s duty to report to Authority), references to —
a
“administration” are to be read as including a reference to bank administration under Part 3 of the 2009 Act; and
b
“the administrator” are to be read as including the bank administrator under Part 3 of the 2009 Act.
5
In section 362 (Authority’s powers to participate in proceedings) —
a
references to “court” —
i
in the context of a bank administration under Part 3 of the 2009 Act in England, Wales or Northern Ireland, are to be read as meaning the High Court, and
ii
in the context of a bank administration under Part 3 of the 2009 Act in Scotland, are to be read as meaning the Court of Session,
b
in subsection (1), the reference to making an administration application is to be read as including making an application for a bank administration order under section 142 of the 2009 Act, and
c
in subsections (4) and (4A) , references to paragraph 74 of Schedule B1 to the Insolvency Act 1986 and paragraph 75 of Schedule B1 to the Insolvency (Northern Ireland) Order 1989 are to be read as including references to those provisions as applied and modified by section 145 of the 2009 Act.
6
In section 370 (Liquidator’s duty to report to Authority), references to “liquidator” are to be read as including a reference to a bank liquidator under Part 2 of the 2009 Act.
7
In section 375 (Authority’s right to apply for an order), references to the provisions of the Insolvency Act 1986 and the Insolvency (Northern Ireland) Order 1989 are to be read as including references to those provisions as applied and modified by section 103 and section 134 of the 2009 Act.
Companies Act 2006
6
1
The following provisions of the Companies Act 2006 apply with the modifications set out in this article.
2
In section 461 (permitted disclosure of information obtained under compulsory powers) —
a
subsection (4)(c) is to be read so as to include the 2009 Act in the list of enactments in that subsection;
b
in subsection (4)(g) is to be read so as to include the 2009 Act in the list of enactments in that subsection.
3
Any references in Part 35 (the registrar of companies) to the Insolvency Act 1986 and the Insolvency (Northern Ireland) Order 1989 are to be read as including a reference to Parts 2 and 3 of the 2009 Act.
4
Where an application is made to the court for —
a
a bank insolvency order under Part 2 of the 2009 Act,
b
the appointment of a provisional bank liquidator under section 135 of the Insolvency Act 1986 or article 115 of the Insolvency (Northern Ireland) Order 1989, as applied by section 103 of the 2009 Act,
c
a bank administration order under Part 3 of the 2009 Act, or
d
the appointment of a provisional bank administrator under section 135 of the Insolvency Act 1986 or article 115 of the Insolvency (Northern Ireland) Order 1989, as applied by section 145 of the 2009 Act,
sections 1139 and 1140 (service of documents on company, directors, secretaries and others) have effect subject to the provisions for service set out in Parts 2 or 3 of the 2009 Act and in rules made under section 411 of the Insolvency Act 1986 in respect of those Parts.
5
In Part 2 of Schedule 2 (Specified Descriptions of Disclosures) —
a
paragraph 25 is to be read so as to include the 2009 Act in the list of enactments in that paragraph, and
b
paragraph 46 is to be read so as to include the 2009 Act in the list of enactments in that paragraph.
6
In Part 2 of Schedule 11A (Specified Descriptions of Disclosures) —
a
paragraph 30 is to be read so as to include the 2009 Act in the list of enactments in that paragraph, and
b
paragraph 52 is to be read so as to include the 2009 Act in the list of enactments in that paragraph.
Dormant Bank and Building Society Accounts Act 2008
7
1
This article applies to a reclaim fund established under the Dormant Bank and Building Society Accounts Act 2008 if, under sections 1 or 2 of that Act, the balance of a customer’s dormant account is transferred into that reclaim fund from a bank which is a bank within the meaning of section 91 of the 2009 Act.
2
Where that reclaim fund is unable, or likely to be unable, to satisfy a claim against it, the fact that it ceases to be authorised does not prevent the operation of the Financial Services Compensation Scheme under section 213 of the Financial Services and Markets Act 2000 in respect of it; and for that purpose, the reclaim fund is a relevant person within the meaning of section 213(9), despite the lapse of authorisation.
Pension Protection Fund (Entry Rules) Regulations 2005
8
1
The Pension Protection Fund (Entry Rules) Regulations 2005 are amended as follows.
2
In regulation 6 (Circumstances in which insolvency proceedings in relation to the employer are stayed or come to an end), after paragraph (1)(a)(v) insert —
vi
where the company is a bank (as defined in section 91 of the Banking Act 2009), the bank insolvency procedure is stayed under section 130 of the Insolvency Act 1986 (as applied by section 103 of the Banking Act 2009), or the bank insolvency order is rescinded or discharged, except in circumstances where the court has made an administration order in accordance with section 114 of the Banking Act 2009.
.
Pension Protection Fund (Entry Rules) Regulations (Northern Ireland) 2005
9
1
The Pension Protection Fund (Entry Rules) Regulations (Northern Ireland) 2005 are amended as follows.
2
In regulation 6 (Circumstances in which insolvency proceedings in relation to the employer are stayed or come to an end), after paragraph (1)(a)(v) insert —
vi
where the company is a bank (as defined in section 91 of the Banking Act 2009), the bank insolvency procedure is stayed under article 110 of the Insolvency (Northern Ireland) Order 1989 (as applied by section 103 of the Banking Act 2009), or the bank insolvency order is rescinded or discharged, except in circumstances where the court has made an administration order in accordance with section 114 of the Banking Act 2009.
.
Dave Watts
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
19th February 2009


text:
Citation, extent and commencement
1
This Order —
a
may be cited as the Financial Assistance for Environmental Purposes (England and Wales) Order 2009;
b
extends to England and Wales only; and
c
comes into force on 15th July 2009.
Variation of section 153(1) of the Environmental Protection Act 1990
2
In section 153(1) of the Environmental Protection Act 1990 (purposes for which financial assistance may be given), after paragraph (zz), add —
aaa
the Low Carbon Vehicle Partnership Limited, in relation to its activities as respects England and Wales.
Signed by authority of the Secretary of State for Transport
Sadiq Khan
Minister of State
Department for Transport
15th June 2009


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Housing (Service Charge Loans) (Amendment) (England) Regulations 2009 and shall come into force on 6th April 2009.
2
These Regulations apply in relation to England only.
3
In these Regulations “the 1992 Regulations ” means the Housing (Service Charge Loans) Regulations 1992 .
Terms of loans
2
The 1992 Regulations are amended in regulation 6 (terms of loans) by the substitution for paragraph (2) of —
2
A loan made by virtue of regulation 5 may be made on terms that —
a
do not require the payment of interest; or
b
require the payment of interest only on part of the loan;
and shall otherwise, subject to paragraph (3), be on such terms as the lender may determine.
.
The rate of interest
3
The 1992 Regulations are amended, in paragraph 1(a) of Schedule 2, by the insertion after “loan” of “or the part of it on which interest is payable”.
Signed by authority of the Secretary of State for Communities and Local Government
Iain Wright
Parliamentary Under Secretary of State
Department for Communities and Local Government
10th March 2009