text:
PART 1 Introduction
Citation, application and commencement
1
These Regulations may be cited as the Groundwater (England and Wales) Regulations 2009; they apply in England and Wales and come into force on the day after they are made.
Interpretation
2
In these Regulations —
“the Agency” means the Environment Agency;
“direct input” in relation to groundwater means the introduction of a pollutant into groundwater without percolation through soil or subsoil;
“groundwater” means all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil;
“indirect input” in relation to groundwater means the introduction of a pollutant into groundwater after percolation through soil or subsoil;
“permit” means any of the following in so far as they relate to groundwater —
a permit under regulation 13;
a discharge consent within the meaning of section 91(8) of the Water Resources Act 1991 ;
an environmental permit under the Environmental Permitting (England and Wales) Regulations 2007 , except to the extent that it relates to a Part B activity within the meaning of those Regulations;
the registration of mobile radioactive apparatus under section 10 of the Radioactive Substances Act 1993 ; or
an authorisation for disposal in accordance with section 13 of the Radioactive Substances Act 1993;
“pollutant” means any substance liable to cause pollution;
“pollution” means the direct or indirect introduction, as a result of human activity, of substances or heat into the air, water or land which may be harmful to human health or the quality of aquatic ecosystems or terrestrial ecosystems directly depending on aquatic ecosystems, which result in damage to material property, or which impair or interfere with amenities and other legitimate uses of the environment.
Meaning of “hazardous substance”
3
1
A hazardous substance is any substance or group of substances that are toxic, persistent and liable to bio-accumulate.
2
This includes in particular the following when they are toxic, persistent and liable to bio-accumulate —
a
organohalogen compounds and substances which may form such compounds in the aquatic environment;
b
organophosphorous compounds;
c
organotin compounds;
d
substances and preparations, or the breakdown products of such, which have been proved to possess carcinogenic or mutagenic properties or properties which may affect steroidogenic, thyroid, reproduction or other endocrine-related functions in or via the aquatic environment;
e
persistent hydrocarbons and persistent and bioaccumulable organic toxic substances;
f
cyanides;
g
metals (in particular cadmium and mercury) and their compounds;
h
arsenic and its compounds;
i
biocides and plant protection products.
3
The Agency must publish a list of substances that it considers to be hazardous substances.
Meaning of “non-hazardous pollutant”
4
A non-hazardous pollutant is any pollutant other than a hazardous substance.
Exceptions
5
These Regulations do not apply in relation to the consequences of accidents or exceptional circumstances of natural cause that could not reasonably have been foreseen, avoided or mitigated.
Exemptions granted by the Agency
6
1
The Agency may exempt from the requirement for a permit, in any specific case or class of case, a discharge or activity that would result in —
a
an input of a pollutant into groundwater of a quantity and concentration so small as to obviate any present or future danger of deterioration in the quality of the receiving groundwater;
b
an input of a pollutant into groundwater that, for technical reasons, is incapable of being prevented or limited without using —
i
measures that would increase risks to human health or to the quality of the environment as a whole; or
ii
disproportionately costly measures to remove quantities of pollutants from, or otherwise control their percolation in, contaminated ground or subsoil.
2
The Agency must keep a record of all exemptions granted under this regulation.
PART 2 Permits
Granting a permit
7
The Agency, the Secretary of State and Welsh Ministers must, for the purposes of implementing —
a
Directive 2000/60/ EC of the European Parliament and of the Council (establishing a framework for Community action in the field of water policy ), or
b
Directive 2006/118/EC of the European Parliament and of the Council (on the protection of groundwater against pollution and deterioration ),
comply with these Regulations in exercising their functions in relation to permits.
Preventing the input of hazardous substances into groundwater
8
The Agency must, in granting a permit, take all necessary measures to prevent the input of any hazardous substance into groundwater.
Permits relating to non-hazardous pollutants to avoid pollution
9
The Agency must, in granting a permit, take all necessary measures to limit the input of non-hazardous pollutants into groundwater so as to ensure that such inputs do not cause pollution in groundwater.
Discharges that may be permitted
10
Notwithstanding regulations 8 and 9, provided it does not compromise the achievement of any of the environmental objectives relating to groundwater in Article 4 of Directive 2000/60/EC of the European Parliament and of the Council, the Agency may grant a permit for —
a
the injection of water containing substances resulting from the operations for exploration and extraction of hydrocarbons or mining activities, and injection of water for technical reasons, into geological formations from which hydrocarbons or other substances have been extracted or into geological formations which for natural reasons are permanently unsuitable for other purposes, provided that the injection does not contain substances other than those resulting from the above operations;
b
the reinjection of pumped groundwater from mines and quarries or associated with the construction or maintenance of civil engineering works;
c
the injection of natural gas or liquefied petroleum gas for storage purposes into geological formations which for natural reasons are permanently unsuitable for other purposes;
d
the injection of natural gas or liquefied petroleum gas for storage purposes into other geological formations where there is an overriding need for security of gas supply, and where the injection is such as to prevent any present or future danger of deterioration in the quality of any receiving groundwater;
e
construction, civil engineering and building works and similar activities on, or in the ground which come into contact with groundwater;
f
discharges of small quantities of substances for scientific purposes for characterisation, protection or remediation of water bodies limited to the amount strictly necessary for the purposes concerned;
g
reinjection into the same aquifer of water used for geothermal purposes;
h
inputs of pollutants that are the result of —
i
interventions in surface waters for the purposes, amongst others, of mitigating the effects of floods and droughts, and for the management of waters and waterways;
ii
artificial recharge or augmentation of groundwater bodies for the purposes of groundwater management.
Permits generally
11
1
When the Agency receives an application for a permit that might lead to the discharge of a pollutant, it must ensure that all necessary investigations have been carried out to ensure that it grants any permit in accordance with regulation 8 or 9.
2
If it grants a permit, it must include conditions requiring all necessary technical precautions to be observed to ensure the objectives of regulations 8 and 9 are achieved.
3
A permit may not be granted without examination of —
a
the hydrogeological conditions of the area concerned,
b
the possible purifying powers of the soil and subsoil, and
c
the risk of pollution and alteration of the quality of the groundwater from the discharge,
and without establishing whether the input of pollutants into groundwater is a satisfactory solution from the point of view of the environment.
4
A permit may only be granted if the Agency has checked that the groundwater (and, in particular, its quality) will undergo the requisite surveillance.
Review of permits
12
1
A permit may be reviewed at any time.
2
All permits granted before the coming into force of these Regulations must be reviewed before 22nd December 2012.
3
The Agency must on review assess compliance with the conditions of the permit, and if the conditions are not complied with, the appropriate steps must be taken to ensure compliance including, if necessary, the revocation of the permit.
PART 3 Discharge of a hazardous substance or non-hazardous pollutant
Discharge of a hazardous substance or non-hazardous pollutant
13
1
It is an offence to cause or knowingly permit the discharge of any hazardous substance or non-hazardous pollutant in circumstances that might lead to an indirect input of that hazardous substance or non-hazardous pollutant into groundwater unless it is carried on under and in accordance with a permit granted by the Agency under this regulation.
But this does not apply in relation to —
a
a discharge that requires a discharge consent within the meaning of section 91(8) of the Water Resources Act 1991;
b
the operation of a regulated facility under the Environmental Permitting (England and Wales) Regulations 2007;
c
a disposal that requires an authorisation under section 13 of the Radioactive Substances Act 1993; or
d
the keeping or use of mobile radioactive apparatus that requires a registration under section 10 of that Act.
2
An operator of a highway drain (or, until 1st January 2012, a person using a domestic septic tank or sewage treatment plant with a daily discharge of less than 2m 3 ) does not commit an offence under this regulation unless the Agency has served a notice on that person under regulation 18 in relation to that discharge, and the operator has failed to comply with that notice.
3
In this regulation “highway drain” means a drain which a highway authority or other person is entitled to keep open by virtue of section 100 of the Highways Act 1980 .
Application of the Water Resources Act 1991
14
Section 88(1) of the Water Resources Act 1991 (defences in relation to authorised discharges) applies in relation to a permit under regulation 13 as if the reference to the Environmental Permitting (England and Wales) Regulations 2007 included a reference to these Regulations.
Transfer of a permit granted under regulation 13
15
Paragraph 11 of Schedule 10 to the Water Resources Act 1991 (transfer of discharge consents) applies in relation to a permit granted under regulation 13 as if —
a
any reference to a consent included a reference to such a permit;
b
references to paragraphs 3 and 6 of that Schedule were references to regulation 13; and
c
references to carrying on or making discharges were references to carrying on the activities regulated by the permit.
Grant of a permit under regulation 13
16
1
An application for a permit under regulation 13 must be made to the Agency.
2
If in any case the Agency considers that there are special reasons why the application should be advertised, it may require the applicant to advertise the application in a specified manner.
3
A permit may be subject to conditions.
4
If the Agency refuses an application for a permit it must give its reasons.
5
The Agency may by notice in writing at any time vary or revoke the permit, but the notice must give the Agency’s reasons.
6
A revocation does not have effect until three months from the service of the notice.
7
A person may within three months appeal against a refusal, variation or revocation of a permit to the Secretary of State or the Welsh Ministers as appropriate, but, unless the Secretary of State or the Welsh Ministers direct otherwise —
a
a variation has effect pending the appeal, and
b
a revocation does not have effect pending the appeal.
PART 4 Enforcement and penalties
Power to require the provision of information
17
1
For the purposes of discharging its functions under these Regulations, the Agency may, by notice served on any person, require that person to provide, in such form and within such period as is specified in the notice, the information specified in the notice.
2
A notice may require a person to provide any information where that requirement is reasonable, including the provision of information —
a
not in the person’s possession; and
b
which would not usually come into the person’s possession.
3
Failure to comply with a notice without reasonable excuse is an offence.
Prohibition notice
18
1
Where —
a
any person is carrying on, or proposing to carry on, any activity on or in the ground; and
b
that activity might lead to the input into groundwater of any hazardous substance or non-hazardous pollutant,
the Agency may serve notice in writing on that person prohibiting the carrying on of that activity.
2
Failure to comply with a notice is an offence.
Appeals against notices
19
1
Any person who is aggrieved by a notice under regulation 18 may within 21 days of service of the notice appeal to the Secretary of State or the Welsh Ministers as appropriate.
2
The Secretary of State or the Welsh Ministers may cancel the notice or confirm it.
3
The notice must be complied with pending appeal unless otherwise directed by the Secretary of State or the Welsh Ministers.
Codes of practice
20
1
The Secretary of State or the Welsh Ministers may approve for the purposes of these Regulations codes of practice issued for the purpose of giving practical guidance to persons engaged in any activity that may result in discharging hazardous substances or non-hazardous pollutants on the steps they should take to prevent them from entering groundwater.
2
The Agency must take into account whether or not such a code of practice is being or is likely to be complied with before taking any enforcement action under these Regulations.
3
A code of practice must be publicised as the Secretary of State or the Welsh Ministers see fit.
Particulars to be included in registers
21
1
The Agency must, as soon as reasonably practicable, enter on registers maintained by it under section 190 of the Water Resources Act 1991 full particulars of —
a
any permit under regulation 13;
b
any application for such a permit;
c
any variation or revocation of such a permit;
d
any notice under regulation 18 ;
e
any variation or revocation of any such notice;
f
any information furnished to the Agency for the purposes of regulation 13 or 17;
g
any monitoring information provided in connection with any permit under regulation 13;
h
any conviction for an offence under these Regulations;
i
any code of practice approved under these Regulations.
2
This is subject to section 191A of the Water Resources Act 1991 (exclusion from registers of information affecting national security) and section 191B of that Act (exclusion from registers of certain confidential information) but as if sub-section (2) of that section referred to an application for a permit under regulation 13.
Penalties
22
1
A person guilty of an offence under regulation 13 or 18 is liable —
a
on summary conviction, to a fine not exceeding £50,000 or imprisonment for a term not exceeding 12 months, or to both, or
b
on conviction on indictment, to a fine or imprisonment not exceeding 5 years, or to both.
2
A person guilty of an offence under regulation 17 is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or both, or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.
Offences by bodies corporate
23
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar person of the body corporate; or
b
any person who was purporting to act in any such capacity,
that person is guilty of the offence as well as the body corporate.
2
For the purposes of this regulation, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Offences by partnerships and unincorporated associations
24
1
Proceedings for an offence under these Regulations alleged to have been committed by a partnership or an unincorporated association may be brought in the name of the partnership or association.
2
For the purposes of such proceedings —
a
rules of court relating to the service of documents are to have effect as if the partnership or association were a body corporate;
b
section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980 apply in relation to the partnership or association as they apply in relation to a body corporate.
3
A fine imposed on a partnership or association on its conviction of an offence under these Regulations is to be paid out of the funds of the partnership or association.
4
Where an offence under these Regulations committed by a 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) is guilty of the offence and is liable to be proceeded against and punished accordingly.
For these purposes, “partner” includes a person purporting to act as a partner.
5
Where an offence under these Regulations committed by an unincorporated association is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the association, that officer (as well as the association) is guilty of the offence and is liable to be proceeded against and punished accordingly.
For these purposes, “officer” means an officer of the association or a member of its governing body, or a person purporting to act in such capacity.
Revocation
25
The Groundwater Regulations 1998 are revoked in England and Wales.
Huw Irranca-Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
29th October 2009
Jane Davidson
Minister for Environment, Sustainability and Housing
29th October 2009


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This order may be cited as the First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2009 and comes into force on 1st April 2009.
Amendments to the First-tier Tribunal and Upper Tribunal (Chambers) Order 2008
2
The First-tier Tribunal and Upper Tribunal (Chambers) Order 2008 is amended as follows.
3
In article 2 (First-tier Tribunal chambers) —
a
in sub-paragraph (b) omit “and”; and
b
after sub-paragraph (c) insert —
d
the Tax Chamber.
4
In article 3 (functions of the Social Entitlement Chamber) —
a
for paragraph (a) substitute —
a
in cases regarding support for asylum seekers, failed asylum seekers, persons designated under section 130 of the Criminal Justice and Immigration Act 2008 , or the dependants of any such persons;
; and
b
in paragraph (c) after “child trust funds” insert —
, with the exception of —
i
appeals in respect of employer penalties or employer information penalties (as defined in section 63(11) and (12) of the Tax Credits Act 2002 );
ii
appeals under regulation 28(3) of the Child Trust Funds Regulations 2004 ;
.
5
After article 5 (functions of the Health, Education and Social Care Chamber) insert —
Functions of the Tax Chamber
5A
To the Tax Chamber are assigned all functions, except those functions assigned to the Social Entitlement Chamber by article 3 or to the Finance and Tax Chamber by article 8, relating to —
a
an appeal, application, reference or other proceeding in respect of a function of the Commissioners for Her Majesty’s Revenue and Customs or an officer of Revenue and Customs;
b
an appeal in respect of the exercise by the Serious Organised Crime Agency of general Revenue functions or Revenue inheritance tax functions (as defined in section 323 of the Proceeds of Crime Act 2002 ).
.
6
For article 6 (Upper Tribunal Chamber) substitute —
Upper Tribunal Chambers
6
The Upper Tribunal shall be organised into the following chambers —
a
the Administrative Appeals Chamber;
b
the Finance and Tax Chamber.
.
7
In article 7 (functions of the Administrative Appeals Chamber) —
a
in paragraph (a)(i) for “a chamber of the First-tier Tribunal” substitute “the First-tier Tribunal, except decisions made in the Tax Chamber”; and
b
after paragraph (b)(ii) insert —
c
a matter referred to the Upper Tribunal by the First-tier Tribunal under section 9(5)(b) of the Tribunals, Courts and Enforcement Act 2007, unless the reference is made by the Tax Chamber.
.
8
After article 7 add —
Functions of the Finance and Tax Chamber
8
To the Finance and Tax Chamber are assigned all functions relating to —
a
an appeal against a decision of the First-tier Tribunal made in the Tax Chamber;
b
an application under paragraph 50(1)(d) of Schedule 36 to the Finance Act 2008 ;
c
an appeal, application or reference transferred to the Finance and Tax Chamber from the First-tier Tribunal under Tribunal Procedure Rules;
d
a matter referred to the Upper Tribunal by the Tax Chamber under section 9(5)(b) of the Tribunals, Courts and Enforcement Act 2007.
.
Transitional provision
9
1
This article applies to an appeal which lies to the Upper Tribunal by virtue of paragraph 11(2) of Schedule 3 to the Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (transitional provisions) against a decision of —
a
the Commissioners for the general purposes of the income tax established under section 2 of the Taxes Management Act 1970 ;
b
the Commissioners for the special purposes of the Income Tax Acts established under section 4 of the Taxes Management Act 1970;
c
the VAT and duties tribunals established under Schedule 12 to the Value Added Tax Act 1994 ;
d
the tribunal established under section 706 of the Income and Corporation Taxes Act 1988 ; or
e
the tribunal established under section 704 of the Income Tax Act 2007 .
2
In rule 21(2)(a) of the Tribunal Procedure (Upper Tribunal) Rules 2008 (application to the Upper Tribunal for permission to appeal) the reference to the tribunal which made the decision challenged is to be read as a reference to the First-tier Tribunal.
By authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
5th February 2009
I concur
Robert Carnwath
Senior President of Tribunals
9th February 2009


text:
Citation and Commencement
1
This Order may be cited as the Fixed Penalty Offences Order 2009 and shall come into force on 31st March 2009.
Amendment of the Road Traffic Offenders Act 1988
2
The following offences are fixed penalty offences for the purposes of Part 3 of the Road Traffic Offenders Act 1988 —
a
an offence under section 96(11) of the Transport Act 1968 ;
b
an offence under section 96(11A) of the Transport Act 1968 ;
c
an offence under section 97(1) of the Transport Act 1968 ;
d
an offence under section 98(4) of the Transport Act 1968 ;
e
an offence under section 99C of the Transport Act 1968 ;
f
an offence under section 3(1) of the Road Traffic (Foreign Vehicles) Act 1972 ;
g
an offence under section 12(5) of the Public Passenger Vehicles Act 1981 ;
h
an offence under regulation 19(1) of the Road Transport (International Passenger Services) Regulations 1984 ;
i
an offence under regulation 19(2) of the Road Transport (International Passenger Services) Regulations 1984;
j
an offence under section 71(1) of the Road Traffic Act 1988 ;
k
an offence under section 90D of the Road Traffic Offenders Act 1988 ;
l
an offence under regulation 3 of the Goods Vehicles (Community Authorisations) Regulations 1992 ;
m
an offence under regulation 7 of the Goods Vehicles (Community Authorisations) Regulations 1992;
n
an offence under section 34 of the Vehicle Excise and Registration Act 1994 ;
o
an offence under section 2(5) of the Goods Vehicles (Licensing of Operators) Act 1995 ;
p
an offence under regulation 3 of the Public Service Vehicles (Community Licences) Regulations 1999 ;
q
an offence under regulation 7 of the Public Service Vehicles (Community Licences) Regulations 1999;
r
an offence under regulation 3 of the Road Transport (Passenger Vehicles Cabotage) Regulations 1999 ;
s
an offence under regulation 4 of the Road Transport (Passenger Vehicles Cabotage) Regulations 1999;
t
an offence under regulation 7(1) of the Road Transport (Passenger Vehicles Cabotage) Regulations 1999;
u
an offence under regulation 7(3) of the Road Transport (Passenger Vehicles Cabotage) Regulations 1999; and
v
an offence under regulation 11(7) of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 .
3
1
The offences specified in paragraph (2) are fixed penalty offences for the purposes of Part 3 of the Road Traffic Offenders Act 1988 but subject to the limitation or exception in that paragraph in relation to each offence.
2
The offences referred to in paragraph (1) are —
a
an offence under section 99(4) of the Transport Act 1968 , but only insofar as the offence relates to —
i
failing to comply with a requirement under section 99(1)(a); or
ii
obstructing an officer in the exercise of his powers under 99(2)(a) or 99(3); and
b
an offence under section 99ZD(1) of the Transport Act 1968 , except where that offence is committed by —
i
failing to sign a hard copy of downloaded data when required to do so under section 99ZC(1); or
ii
obstructing an officer in the exercise of powers under section 99ZF.
4
In consequence of the provisions of articles 2 and 3, Schedule 3 to the Road Traffic Offenders Act 1988 is amended in accordance with the Schedule.
Signed by authority of the Secretary of State for Transport
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
5th March 2009


text:
Citation and commencement
1
1
This Order may be cited as the County of Shropshire (Electoral Changes) Order 2009.
2
This Order, other than articles 4, 5, 6, 7 and 9, comes into force —
a
for the purpose of proceedings preliminary or relating to the election of councillors for county electoral divisions, or for the election of councillors for the parish wards of Shrewsbury as the case may be, on the day following the day on which the Order is made;
b
for all other purposes, on the ordinary day of election of councillors in 2009.
3
Articles 4, 5, 6, 7 and 9 come into force —
a
for the purpose of proceedings preliminary or relating to the election of councillors for parishes or parish wards, on 15th October 2012;
b
for all other purposes, on the ordinary day of election of councillors in 2013.
Interpretation
2
In this Order —
“map” means the map marked “Map referred to in the County of Shropshire (Electoral Changes) Order 2009”, of which prints are available for inspection at the principal office of the Electoral Commission: and any reference to a numbered sheet is a reference to the sheet of the map which bears that number;
“ordinary day of election of councillors” has the meaning given by section 37 of the Representation of the People Act 1983 .
Electoral divisions of the county of Shropshire
3
1
The electoral divisions of the county of Shropshire are abolished and the County of Shropshire (Electoral Changes) Order 2004 is revoked.
2
The county is divided into sixty-three electoral divisions each bearing a name listed in column 1 of the Table in the Schedule.
3
Each electoral division comprises the area designated on sheet 1 of the map by reference to the name of the electoral division and demarcated by red lines.
4
The number of councillors to be elected for each electoral division is the number specified in column 2 of the Table in the Schedule.
5
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it is to be treated as running along the centre line of the feature.
Wards of the parish of Broseley
4
1
The existing wards of the parish of Broseley are abolished
2
The parish is divided into three wards named respectively —
a
Broseley East;
b
Broseley West;
c
Broseley Wood.
3
Each ward comprises the area designated on sheet 5 of the map by the name of the ward and demarcated by orange lines.
4
Six councillors are to be elected for Broseley East parish ward.
5
Four councillors are to be elected for Broseley West parish ward.
6
One councillor is to be elected for Broseley Wood parish ward.
Wards of the parish of Ludlow
5
1
The existing wards of the parish of Ludlow are abolished
2
The parish is divided into seven wards named respectively —
a
Bringewood;
b
Clee View;
c
Corve;
d
Gallows Bank;
e
Hayton;
f
Rockspring;
g
Whitcliffe.
3
Each ward comprises the area designated on sheet 5 of the map by the name of the ward and demarcated by orange lines.
4
Three councillors are to be elected for Gallows Bank parish ward.
5
Two councillors are to be elected for each of the following parish wards —
a
Bringewood;
b
Clee View;
c
Corve;
d
Hayton;
e
Rockspring;
f
Whitcliffe.
Wards of the parish of Market Drayton
6
1
The existing wards of the parish of Market Drayton are abolished
2
The parish is divided into three wards named respectively —
a
Market Drayton East;
b
Market Drayton North;
c
Market Drayton South.
3
Each ward comprises the area designated on sheet 2 of the map by the name of the ward and demarcated by orange lines.
4
Seven councillors are to be elected for Market Drayton North parish ward.
5
Five councillors are to be elected for each of the following parish wards;
a
Market Drayton East;
b
Market Drayton South.
Wards of the parish of Oswestry
7
1
The existing wards of the parish of Oswestry are abolished .
2
The parish is divided into six wards named respectively —
a
Cabin Lane;
b
Cambrian;
c
Carreg Llwyd;
d
Castle;
e
Gatacre;
f
Maserfield.
3
Each ward comprises the area designated on sheet 2 of the map by reference to the name of the ward and demarcated by orange lines.
4
Three councillors are to be elected for each parish ward.
Wards of the parish of Shrewsbury
8
1
The parish of Shrewsbury is divided into seventeen wards named respectively —
a
Abbey;
b
Bagley;
c
Battlefield;
d
Belle Vue;
e
Bowbrook;
f
Castlefields and Ditherington;
g
Column;
h
Copthorne;
i
Harlescott;
j
Meole;
k
Monkmoor;
l
Porthill;
m
Quarry and Coton Hill;
n
Radbrook;
o
Sundorne;
p
Sutton and Reabrook;
q
Underdale.
2
Each ward comprises the area designated on sheets 3 and 4 of the map by reference to the name of the ward and demarcated by orange lines.
3
One councillor is to be elected for each ward.
Wards of the parish of Whitchurch Urban
9
1
The existing wards of the parish of Whitchurch Urban are abolished .
2
The parish is divided into three wards named respectively —
a
Whitchurch Urban North;
b
Whitchurch Urban South;
c
Whitchurch Urban West.
3
Each ward comprises the area designated on sheet 6 of the map by reference to the name of the ward and demarcated by orange lines.
4
Five councillors are to be elected for each ward.
Sealed with the seal of the Electoral Commission on the 6th March 2009.
Peter Wardle
Chief Executive of the Electoral Commission
6th March 2009


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the Local Authority Social Services and National Health Service Complaints (England) (Amendment) Regulations 2009.
2
These Regulations come into force on 1st September 2009.
3
In these Regulations, “the Complaints Regulations ” means the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009 .
4
These Regulations apply in relation to England.
Amendment of regulation 1 of the Complaints Regulations
2
In paragraphs (3) and (4) of regulation 1 of the Complaints Regulations (citation, commencement, effect and application), for “1st April 2010” substitute “1st October 2010”.
Amendment of regulation 6 of the Complaints Regulations
3
In regulation 6 of the Complaints Regulations (duty to handle complaints), after paragraph (1), insert —
1A
This regulation also applies to a complaint made on or after 1st September 2009 in accordance with these Regulations to a local authority where —
a
the local authority has made arrangements with a person for the discharge of a relevant function; and
b
the complaint relates to the discharge of, or the failure to discharge, a relevant function under those arrangements.
1B
In paragraph (1A), “relevant function” means —
a
any of the local authority’s social services functions; or
b
any function to be discharged by the local authority under arrangements specified in paragraph (1)(a)(ii).
.
Amendment of regulation 8 of the Complaints Regulations
4
1
Regulation 8 of the Complaints Regulations (complaints not required to be dealt with) is amended in accordance with the following paragraphs.
2
In paragraph (1), omit “Subject to paragraph (2),”.
3
For paragraph (2), substitute —
2
Subject to paragraph (2A), where a complaint is a complaint specified in paragraph (1), and a responsible body makes a decision to that effect, the responsible body must as soon as reasonably practicable notify the complainant in writing of its decision and the reason for its decision.
2A
Paragraph (2) does not apply to a complaint specified in sub-paragraph (c) of paragraph (1).
.
Signed by authority of the Secretary of State for Health.
Ann Keen
Parliamentary Under-Secretary of State,
Department of Health
2nd July 2009


text:
Citation and commencement
1
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 3) Regulations 2009 and shall come into force on 1st April 2009.
2
These Regulations have effect as follows —
a
regulations 3, 4 and 8 have effect from 1st April 2009; and
b
regulations 5, 6 and 7 have effect from 6th April 2009.
Amendment of the Social Security (Contributions) Regulations 2001
2
The Social Security (Contributions) Regulations 2001 are amended as follows.
Amendment of regulation 1(2)
3
In regulation 1(2) (interpretation) insert at the appropriate places —
“ HMRC ” means Her Majesty’s Revenue and Customs; and
“tribunal” means the First-tier tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal .
Amendment of regulation 75
4
In regulation 75 (specified amount of a Class 1A contribution) —
a
in paragraph (6) for “paragraph 26(1) of Schedule 4” substitute “Schedule 36 to the Finance Act 2008 (information and inspection powers)”; and
b
in paragraph (7) for “paragraph 26” substitute “paragraph 26A”.
Amendment of regulation 87
5
In regulation 87 (notification of commencement or cessation of payment of Class 2 or Class 3 contributions) —
a
in the heading after “contributions” add “on or before 5th April 2009”;
b
in paragraph (2) after “person who” insert “on or before 5th April 2009”.
Insertion of regulations 87A to 87G
6
After regulation 87 insert —
Notification of commencement or cessation of payment of Class 2 or Class 3 contributions on or after 6th April 2009
87A
1
A person (P) to whom paragraph (2) applies shall immediately notify the relevant date to HMRC in writing or by such means of electronic communications as may be approved.
2
This paragraph applies where P on or after 6th April 2009 —
a
becomes, or ceases to be, liable to pay a Class 2 contribution;
b
becomes, or ceases to be, entitled to pay a Class 2 contribution although not liable to do so; or
c
is entitled to pay a Class 3 contribution and wishes either to do so or to cease doing so.
3
In paragraph (1) “the relevant date” means —
a
in relation to a person to whom paragraph (2)(a) applies, the date on which P commences or ceases to be a self-employed earner;
b
in relation to a person to whom paragraph (2)(b) or (c) applies, the date on which P wishes to commence or cease paying either Class 2 or Class 3 contributions, as the case may be.
4
P is to be treated as having immediately notified HMRC in accordance with paragraph (1) if P has notified HMRC within such further time, if any, as HMRC may allow.
Penalty for failure to notify
87B
1
A penalty is payable by P where —
a
P becomes liable to pay a Class 2 contribution;
b
P fails to comply with the requirement to notify in accordance with regulation 87A(1); and
c
notification has not been made by 31st January following the end of the year in which P became liable to pay a Class 2 contribution.
2
A failure by P to comply with the requirement to notify is —
a
“deliberate and concealed” if the failure is deliberate and P makes arrangements to conceal the situation giving rise to the requirement, and
b
“deliberate but not concealed” if the failure is deliberate but P does not make arrangements to conceal the situation giving rise to the requirement.
3
The penalty payable under paragraph (1) is —
a
for a deliberate and concealed failure to comply with the requirement to notify, 100% of the lost contributions,
b
for a deliberate but not concealed failure to comply with the requirement, 70% of the lost contributions, and
c
for any other case, 30% of the lost contributions.
4
“The lost contributions” are the amount of Class 2 contributions which P is liable to pay —
a
beginning on the date on which P becomes liable to pay a Class 2 contribution, and
b
ending on the 31st January preceding the day on which HMRC received notification of, or otherwise became fully aware of P’s liability to pay Class 2 contributions.
5
When calculating the amount of “the lost contributions” no account is to be taken of any Class 2 contribution —
a
that is unpaid after the end of the sixth year following the year in which liability for that contribution arose, or
b
in respect of which P’s earnings meet the conditions set out in regulation 45(1) for the purposes of section 11(4) of the Act (exception from liability for Class 2 contributions on account of small earnings).
6
Liability to a penalty under paragraph (1) does not arise in relation to a failure to comply with the requirement to notify which is not deliberate if P satisfies HMRC or (on appeal) the tribunal that there is a reasonable excuse for the failure.
7
For the purposes of paragraph (6) —
a
an insufficiency of funds is not a reasonable excuse unless attributable to events outside P’s control,
b
where P relies on any other person to notify HMRC, that is not a reasonable excuse unless P took reasonable care to avoid the failure,
c
where P had a reasonable excuse but the excuse has ceased, P is to be treated as having continued to have that excuse if P notifies without unreasonable delay after the excuse ceased.
8
For the purposes of this regulation, the reference to a failure by P includes a failure by a person who acts on P’s behalf; but P is not liable to a penalty in respect of a failure by P’s agent where P satisfies HMRC or (on appeal) the tribunal that P took reasonable care to avoid the failure.
Disclosure
87C
1
Regulation 87D makes provision for the reduction of a penalty where P discloses a failure to comply with the requirement to notify.
2
P discloses a failure to comply with the requirement to notify by —
a
telling HMRC about it,
b
giving HMRC reasonable help in quantifying the contributions unpaid by reason of it, and
c
allowing HMRC access to records for the purpose of checking the amount of contributions so unpaid.
3
Disclosure of a failure to comply with the requirement to notify —
a
is “unprompted” if made at a time when the person making it has no reason to believe that HMRC have discovered or are about to discover the failure to comply with the requirement to notify, and
b
otherwise, is “prompted”.
4
In relation to disclosure “quality” includes timing, nature and extent.
Reduction of penalty for disclosure
87D
1
Where P, who would otherwise be liable to a 100% penalty has made an unprompted disclosure, HMRC shall reduce the 100% to a percentage not below 30%, which reflects the quality of the disclosure.
2
Where P, who would otherwise be liable to a 100% penalty has made a prompted disclosure, HMRC shall reduce the 100% to a percentage, not below 50%, which reflects the quality of the disclosure.
3
Where P, who would otherwise be liable to a 70% penalty has made an unprompted disclosure, HMRC shall reduce the 70% to a percentage, not below 20%, which reflects the quality of the disclosure.
4
Where P, who would otherwise be liable to a 70% penalty has made a prompted disclosure, HMRC shall reduce the 70% to a percentage not below 35%, which reflects the quality of the disclosure.
5
Where P, who would otherwise be liable to a 30% penalty has made an unprompted disclosure, HMRC shall reduce the 30% —
a
if HMRC become aware of the failure to notify less than 12 months after 31st January following the end of the year during which a person became liable to pay a Class 2 contribution, to a percentage (which may be 0%), or
b
in any other case, to a percentage not below 10%,
which reflects the quality of the disclosure.
6
Where P, who would otherwise be liable to a 30% penalty has made a prompted disclosure, HMRC shall reduce the 30% —
a
if HMRC become aware of the failure to notify less than 12 months after the 31st January following the end of the year during which a person became liable to pay a Class 2 contribution, to a percentage not below 10%, or
b
in any other case, to a percentage not below 20%,
which reflects the quality of the disclosure.
Special reduction
87E
1
If HMRC think it right because of special circumstances, they may reduce a penalty under regulation 87B(1).
2
In paragraph (1) “special circumstances” does not include P’s ability to pay.
3
In paragraph (1) the reference to reducing a penalty includes a reference to —
a
staying a penalty, and
b
agreeing a compromise in relation to proceedings for a penalty.
Notice of decision etc.
87F
1
Where P becomes liable for a penalty in accordance with regulation 87B(1) an officer of Revenue and Customs shall —
a
make a decision in accordance with section 8(1)(k)(ii) of the Transfer Act ;
b
notify P; and
c
state in the notice of decision the amount of the penalty imposed and the period to which it relates.
2
The penalty referred to in regulation 87B(1) —
a
must be paid before the end of the period of 30 days beginning with the date of the issue of the notice of decision; and
b
shall be recoverable as if it were a Class 2 contribution due and payable.
3
A notice of decision must be issued before the end of the period of 12 months beginning with —
a
where there has been a decision that P was liable to pay Class 2 contributions and a determination of the amount P was or is liable to pay, the end of the appeal period; or
b
if there is no such decision, the date on which the contributions unpaid by reason of the failure to notify are finally determined.
4
In paragraph (3)(a) “appeal period” means the period during which —
a
an appeal could be brought, or
b
an appeal that has been brought has not been determined or withdrawn.
5
A notice of decision under paragraph (1), may be combined with an assessment issued in accordance with paragraph 16 of Schedule 41 to the Finance Act 2008 .
Double jeopardy
87G
P is not liable to a penalty under regulation 87B(1) in respect of a failure or action in respect of which P has been convicted of an offence.
.
Amendment of Part 5 of Schedule 3
7
1
In paragraph 9 of Part 5 of Schedule 3 to the Social Security (Contributions) Regulations 2001 for the words “by virtue of the Income Tax (Exemption of Minor Benefits) Regulations 2002 regulation 7 (exemption in respect of the provision of health screening and medical check-ups).” substitute “by virtue of any provision of or under the Income Tax (Earnings and Pensions) Act 2003 which exempts from liability to income tax the provision by employers to employees of health screening and medical check-ups.”.
2
For the purposes of the amendment made by paragraph (1), disregard any limitation of provision under the 2003 Act by virtue of which an exemption is conditional on the benefit being made available to the employer’s employees generally on similar terms.
Amendment of Schedule 4
8
1
Schedule 4 is amended as follows.
2
In paragraph 1(2) omit the definition of “HMRC” .
3
In paragraph 15(7) (specified amount of earnings-related contributions payable by the employer) for “paragraph 26(1) and the provisions of paragraph 26” substitute “Schedule 36 to the Finance Act 2008 (information and inspection powers) and the provisions of paragraph 26A”.
4
For paragraph 26 (inspection of employer’s records) substitute —
Retention by employer of contribution and election records
26
1
An employer must keep and preserve all contribution records which are not required to be sent to HMRC by other provisions in these Regulations for not less than —
a
three years after the end of the tax year to which they relate; or
b
for documents or records relating to information about the amounts of Class 1A and Class 1B contributions, three years after the end of the year in which a contribution became payable.
2
The duty under paragraph (1) may be discharged by preserving the contribution records in any form or by any means.
3
Where an election has been made jointly by the secondary contributor and the employed earner for the purposes of paragraph 3B(1) of Schedule 1 to the Act , the records which the secondary contributor is obliged by paragraph 8 to maintain shall be retained by the secondary contributor throughout the period for which the election is in force and for six years after the end of that period.
4
In this paragraph “contribution records” means wages sheets, deductions working sheets (other than deductions working sheets issued under regulation 35 of the PAYE Regulations (simplified deduction schemes: records)) and other documents or records relating to —
a
the calculation of payment of earnings to the employer’s employees or the amount of the earnings-related contributions payable for those earnings;
b
the amount of any Class 1A contributions or Class 1B contributions payable by the employer; and
c
any information about the amounts of Class 1A and Class 1B contributions.
5
For the purposes of this paragraph “employer” —
a
includes, in relation to a Class 1A contribution, the person liable to pay such a contribution in accordance with section 10ZA of the Act (liability of third party provider of benefits in kind); and
b
means, in relation to a Class 1B contribution, the person liable to pay such a contribution in accordance with section 10A of the Act.
Certificate of employer’s liability to pay contributions after inspection of documents
26A
1
An officer of Revenue and Customs may, by reference to the information obtained from an inspection of the documents and records produced under Schedule 36 to the Finance Act 2008 (information and inspection powers), and on the occasion of each inspection, prepare a certificate showing —
a
the amount of earnings-related contributions which it appears that the employer is liable to pay to HMRC, excluding any amount deducted by the employer by virtue of the Compensation of Employers Regulations for the years or tax periods covered by the inspection; or
b
the amount of any Class 1B contributions which it appears that the employer is liable to pay to HMRC for the years covered by the inspection, or such an amount in addition to an amount referred to in paragraph (a);
together with any amount of earnings-related contributions or Class 1B contributions or a combination of those classes of contributions, which has not been paid to HMRC or, to the best of the officer’s knowledge and belief, to any other person to whom it might lawfully be paid.
2
The production of a certificate mentioned in sub-paragraph (1) shall, unless the contrary is proved, be sufficient evidence that the employer is liable to pay to HMRC in respect of the years or, as the case may be, tax periods mentioned in the certificate, the amount shown in the certificate as unpaid; and any document purporting to be such a certificate shall be treated as such a certificate until the contrary is proved.
3
The provisions of paragraph 16 shall apply with any necessary modifications to the amount shown in such a certificate.
4
For the purposes of this paragraph “employer” has the meaning given by paragraph 26(5).
.
5
In sub-paragraph (6)(a) of paragraph 29B (relevant contributions debts of managed service companies) for “paragraph 26 (inspection of employer’s records)” substitute “paragraph 26A (certificate of employer’s liability to pay contributions after inspection of documents)”.
6
In sub-paragraph (7) of paragraph 29D (time limits for issue of transfer notices) for “paragraph 26” substitute “Schedule 36 to the Finance Act 2008”.
7
After paragraph (4) of paragraph 29F insert —
5
For the purposes of sub-paragraph (3) “the reckonable date” has the meaning given by paragraph 17(3)(b)(i).
.
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
11th March 2009
Dave Hartnett
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
10th March 2009
The Secretary of State concurs.
Signed by authority of the Secretary of State for Work and Pensions
Rosie Winterton
Minister of State
Department of Work and Pensions
10th March 2009
The Department for Social Development concurs.
The Official Seal of the Department is affixed on 10th March 2009
John O’Neill
A Senior Officer of the Department for Social Development


text:
Citation and commencement
1
These Regulations may be cited as the Terrorism (United Nations Measures) Order (Consequential Amendments) Regulations 2009 and come into force on 10th August 2009.
Amendment to the Money Laundering Regulations 2007
2
In the definition of “terrorist financing” in regulation 2(1) of the Money Laundering Regulations 2007 —
a
delete “or” at the end of sub-paragraph (c);
b
at the end of sub-paragraph (d) insert —
or
e
article 10, 11, 12, 13, 14 or 16 of the Terrorism (United Nations Measures) Order 2009 ;
.
Amendment to the Transfer of Funds (Information on the Payer) Regulations 2007
3
In the definition of “terrorist financing” in regulation 2(1) of the Transfer of Funds (Information on the Payer) Regulations 2007 —
a
delete “or” at the end of sub-paragraph (c);
b
at the end of sub-paragraph (d) insert —
or
e
article 10, 11, 12, 13, 14 or 16 of the Terrorism (United Nations Measures) Order 2009;
.
Amendment to the Payment Services Regulations 2009
4
In regulation 13(4) of the Payment Services Regulations 2009 after sub-paragraph (d) insert —
da
an offence under article 10, 11, 12, 13, 14 or 16 of the Terrorism (United Nations Measures) Order 2009;
.
Frank Roy
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
16th July 2009


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Corporation Tax (Implementation of the Mergers Directive) Regulations 2009.
2
These Regulations shall come into force on 11th November 2009.
3
These Regulations shall have effect in relation to distributions (falling within section 213(3) of the Income and Corporation Taxes Act 1988 (exempt distributions)) that are made on or after 11th November 2009.
Amendment of section 213 of the Income and Corporation Taxes Act 1988
2
In section 213(4) of the Income and Corporation Taxes Act 1988 for “the United Kingdom” substitute “a member State” .
Dave Watts
Tony Cunningham
Two of the Lords Commissioners to Her Majesty’s Treasury
19th October 2009


text:
Citation and commencement
1
This Order may be cited as The Traffic Management (Transport for London) Permit Scheme Order 2009 and is to come into effect on 11th January 2010.
Interpretation
2
In this Order —
“the Transport for London Permit Scheme” means the permit scheme set out in the Schedule to this Order in terms commonly known as the “London Permit Scheme” which was prepared and submitted to the Secretary of State by Transport for London and has been approved by the Secretary of State; and
“specified streets” has the meaning given by regulation 8 of the Traffic Management Permit Scheme (England) Regulations 2007 .
Commencement of Permit Scheme
3
The Transport for London Permit Scheme comes into effect on 11th January 2010.
Application of Part 8 of The Traffic Management Permit Scheme (England) Regulations 2007
4
Part 8 of the Traffic Management Permit Scheme (England) Regulations 2007 shall apply to the specified streets within the Transport for London Permit Scheme.
Signed by authority of the Secretary of State for Transport
C. D. Mole
Parliamentary Under Secretary of State
Department for Transport
30th November 2009


text:
Citation and commencement
1
This Order may be cited as The Traffic Management (London Borough of Haringey) Permit Scheme Order 2009 and is to come into effect on 11th January 2010.
Interpretation
2
In this Order —
“the London Borough of Haringey Permit Scheme” means the permit scheme set out in the Schedule to this Order in terms commonly known as the “London Permit Scheme” which was prepared and submitted to the Secretary of State by the London Borough of Haringey and has been approved by the Secretary of State; and
“specified streets” has the meaning given by regulation 8 of the Traffic Management Permit Scheme (England) Regulations 2007 .
Commencement of Permit Scheme
3
The London Borough of Haringey Permit Scheme comes into effect on 11th January 2010.
Application of Part 8 of The Traffic Management Permit Scheme (England) Regulations 2007
4
Part 8 of the Traffic Management Permit Scheme (England) Regulations 2007 shall apply to the specified streets within the London Borough of Haringey Permit Scheme.
Signed by authority of the Secretary of State for Transport
C. D. Mole
Parliamentary Under Secretary of State
Department for Transport
30th November 2009


text:
Citation and commencement
1
These Regulations may be cited as the Packaging (Essential Requirements) (Amendment) Regulations 2009 and shall come into force on 10th July 2009.
Amendments to the Packaging (Essential Requirements) Regulations 2003
2
Regulation 6(3)(a) of the Packaging (Essential Requirements) Regulations 2003 is amended by deleting the words “on or before 4th March 2009,”.
Enforcement
3
No proceedings shall be brought and no enforcement action taken in respect of a breach of regulation 6(1) of the Packaging (Essential Requirements) Regulations 2003 in respect of plastic crates or plastic pallets where —
a
the breach occurred between 4th March 2009 and the date these Regulations came into force; and
b
the requirements set out in regulation 6(3)(a) of and Schedule II to those Regulations were complied with in relation to that packaging.
Ian Lucas
Business and Regulatory Reform Minister,
Department for Business, Innovation and Skills
16th June 2009