text:
Title and commencement
1
1
The title of this Order is The County Borough of Caerphilly (Communities) Order 2010.
2
For any purpose set out in regulation 4(1) of the Regulations, this Order comes into operation on the day after that on which it is made.
3
For all other purposes, this Order comes into force on 1 April 2010, which is the appointed day for the purposes of the Regulations.
Interpretation
2
In this Order —
“the Regulations” (“ y Rheoliadau ”) means the Local Government Area Changes Regulations 1976 ;
“Map A” (“ Map A ”), “Map B” (“ Map B ”),“Map C” (“ Map C ”), “Map D” (“ Map D ”), “Map E” (“ Map E ”), “Map F” (“ Map F ”), “Map G” (“ Map G ”), “Map H” (“ Map H ”), “Map I” (“ Map I ”), “Map J” (“ Map J ”), “Map K” (“ Map K ”),, “Map L” (“ Map L ”), “Map M” (“ Map M ”) and “Map N” (“ Map N ”) mean respectively the maps marked A, B, C, D, E, F, G, H, I, J, K, L, M and N of the County Borough of Caerphilly (Communities) Order 2010, deposited in accordance with regulation 5 of the Regulations; and
where a boundary is shown on a map as running along a road, railway line, footway, watercourse or similar geographical feature, it is to be treated as running along the centre line of the feature.
3
Changes are made in the local government area of the County Borough of Caerphilly in accordance with the following provisions of this Order.
Caerphilly and Penyrheol Trecenydd and Energlyn – change in community areas and ward boundaries and consequential changes to electoral arrangements
4
The part of the community of Caerphilly shown hatched on Map A —
a
is transferred to the community of Penyrheol Trecenydd and Energlyn;
b
forms part of the Trecenydd ward of the community of Penyrheol Trecenydd and Energlyn; and
c
forms part of the electoral division of Penyrheol.
5
The part of the community of Penyrheol Trecenydd and Energlyn shown hatched on Map B —
a
is transferred to the community of Caerphilly;
b
forms part of the Cwrt Rawlins ward of the community of Caerphilly; and
c
forms part of the electoral division of St. Martins.
6
The part of the community of Caerphilly shown hatched on Map C now forms the Cwrt Rawlins ward and the Watford ward is altered to be in alignment with the new community ward boundary.
7
In the community of Caerphilly the number of councillors to be elected for the ward of Castle is 2, the ward of Cwrt Rawlins is 2 and for the ward of Watford is 1.
8
In the community of Penyrheol Trecenydd and Energlyn the number of councillors to be elected for the Penyrheol ward is 4.
Caerphilly and Van – change in community areas and ward boundaries and consequential changes to electoral arrangements
9
The part of the community of Van shown hatched on Map D —
a
is transferred to the community of Caerphilly;
b
forms part of the Tonyfelin ward; and
c
forms part of the electoral division of Morgan Jones.
10
The part of the community of Caerphilly shown cross hatched on Map D —
a
is transferred from the Twyn ward; and
b
forms part of the Tonyfelin ward.
Penyrheol Trecenydd and Energlyn and Llanbradach and Pwll-y-Pant – change in community areas and ward boundaries and consequential changes to electoral arrangements
11
The part of the community of Llanbradach and Pwll-y-Pant shown hatched on Map E —
a
is transferred to the community of Penyrheol Trecenydd and Energlyn;
b
forms part of the Energlyn ward; and
c
forms part of the electoral division of Penyrheol.
12
The part of the community of Penyrheol Trecenydd and Energlyn shown hatched on Map F —
a
is transferred from the Trecenydd ward; and
b
forms part of the Energlyn ward.
Llanbradach and Pwll-y-Pant and Caerphilly – change in community areas and consequential changes to electoral arrangements
13
The part of the community of Caerphilly shown hatched on Map G —
a
is transferred to the community of Llanbradach and Pwll-y-pant;
b
forms part of the Pwll-y-Pant ward; and
c
forms part of the electoral division of Llanbradach.
Maesycwmmer and Pengam – change in community areas and consequential changes to electoral arrangements
14
The part of the community of Maesycwmmer shown hatched on Map H —
a
is transferred to the community of Pengam;
b
forms part of the Pengam ward; and
c
forms part of the electoral division of Pengam.
15
The part of the community of Pengam shown cross hatched on Map H —
a
is transferred to the community of Maesycwmmer;
b
forms part of the Maesycwmmer ward; and
c
forms part of the electoral division of Maesycwmmer.
Maesycwmmer and Pontllanfraith – change in community areas and consequential changes to electoral arrangements
16
The part of the community of Maesycwmmer shown hatched on Map I —
a
is transferred to the community of Pontllanfraith;
b
forms part of the Pontllanfraith ward; and
c
forms part of the electoral division of Pontllanfraith.
17
The part of the community of Pontllanfraith shown cross hatched on Map I —
a
is transferred to the community of Maesycwmmer;
b
forms part of the Maesycwmmer ward; and
c
forms part of the electoral division of Maesycwmmer.
Pengam and Cefn Fforest – change in community areas and consequential changes to electoral arrangements
18
The parts of the community of Pengam shown hatched on Map J and Map K —
a
are transferred to the community of Cefn Fforest;
b
form part of the Cefn Fforest ward; and
c
form part of the electoral division of Cefn Fforest.
Risca – abolition of existing community area to create two new community areas
19
1
The existing community of Risca is abolished and the area is divided to form two new communities of Risca East and Risca West as shown on Map L and Map M.
2
The new community of Risca East forms part of the electoral division of Risca East.
3
The new community of Risca West forms part of the electoral division of Risca West.
Penmaen and Crumlin – change in community areas and consequential changes to electoral arrangements
20
The part of the community of Crumlin shown hatched on Map N —
a
is transferred to the community of Penmaen;
b
forms part of the Penmaen ward; and
c
forms part of the electoral division of Penmaen.
Carl Sargeant
Minister for Social Justice and Local Government, one of the Welsh Ministers
12 March 2010


type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the Perpetuities and Accumulations Act 2009 (Commencement) Order 2010.
Provisions coming into force
2
Sections 1 to 21 of and the Schedule to the Perpetuities and Accumulations Act 2009 shall come into force on 6th April 2010.
Signed on the authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
5th January 2010


text:
Citation
1
This Order may be cited as the Pensions Act 2008 (Commencement No. 6) Order 2010.
Commencement of provisions
2
The following provisions of the Pensions Act 2008 come into force on 26th February 2010 —
a
section 129 (interest on late payment of levies) in so far as it relates to paragraphs 4 and 5 of Schedule 10, and
b
paragraphs 4 and 5 of Schedule 10 (interest on late payment of levies) and paragraph 2 of that Schedule in so far as it relates to paragraphs 4 and 5.
Signed by authority of the Secretary of State for Work and Pensions.
Angela Eagle
Minister of State,
Department for Work and Pensions
23rd February 2010


text:
Citation and commencement
1
These Regulations may be cited as the Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) (No. 2) Regulations 2010 and come into force on 1st September 2010.
Amendment of Schedule 1 to the Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007
2
In Part 1 of Schedule 1 to the Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 omit —
a
paragraph 20A and its heading;
b
paragraph 23A and its heading.
Revocation
3
The Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2010 are revoked.
Nick Gibb
Minister of State
Department for Education
27th July 2010


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Benefits Up-rating Regulations 2010 and shall come into force on 12th April 2010.
2
In these Regulations, “the Up-rating Order ” means the Social Security Benefits Up-rating Order 2010 .
Exceptions relating to payment of additional benefit by virtue of the Up-rating Order
2
Section 155(3) of the Social Security Administration Act 1992 (effect of alteration of rates of benefit under Parts 2 to 5 of the Social Security Contributions and Benefits Act 1992) shall not apply if a question arises as to either —
a
the weekly rate at which the benefit is payable by virtue of the Up-rating Order, or
b
whether the conditions for receipt of the benefit at the altered rate are satisfied,
until that question has been determined in accordance with the provisions of the Social Security Act 1998 .
Persons not ordinarily resident in Great Britain
3
Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 (application of disqualification in respect of up-rating of benefit) shall apply to any additional benefit payable by virtue of the Up-rating Order.
Amendment of the Social Security Benefit (Dependency) Regulations 1977
4
In paragraph 2B of Schedule 2 to the Social Security Benefit (Dependency) Regulations 1977 (increase of carer’s allowance for child dependants) for “£195”, in both places where it occurs, substitute “£200”.
Amendment of the Social Security (Claims and Payments) Regulations 1987
5
In paragraph 4(2A) of Schedule 9 to the Social Security (Claims and Payments) Regulations 1987 (deductions from benefit and direct payment to third parties) for “£21.90”, in each place where it occurs, substitute “£22.30”.
Revocation
6
Regulations 1(2), 2, 3, 4(a), 5 and 6 of the Social Security Benefits Up-rating Regulations 2009 are revoked.
Signed by authority of the Secretary of State for Work and Pensions.
Angela Eagle
Minister of State,
Department for Work and Pensions
16th March 2010


text:
Citation and commencement
1
This Order may be cited as the Policing of Aerodromes (Belfast International Airport) Order 2010 and shall come into force on 1st April 2010.
Belfast International Airport
2
Belfast International Airport, being an aerodrome to which part 2A of the Aviation Security Act 1982 applies, is not a relevant aerodrome for the purposes of Part 3 of that Act.
Signed by authority of the Secretary of State
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
2nd March 2010


text:
Citation and interpretation
1
1
This Order may be cited as the Policing and Crime Act 2009 (Commencement No. 3) Order 2010.
2
In this Order “ the Act ” means the Policing and Crime Act 2009.
Provisions coming into force on 29th January 2010
2
The day appointed for the coming into force of the following provisions of the Act is 29th January 2010:
a
section 10 (police officers engaged on service outside their force etc );
b
section 11 (police equipment);
c
section 12 (police procedures and practices);
d
section 13 (police facilities and services);
e
section 28 (selling alcohol to children);
f
section 29 (confiscating alcohol from young persons);
g
section 30 (offence of persistently possessing alcohol in a public place);
h
section 31 (directions to individuals who represent a risk of disorder);
i
section 32 (mandatory licensing conditions relating to alcohol);
j
section 33 (individual members of licensing authorities to be interested parties);
k
section 79 (security planning for airports) in relation to England, Wales and Scotland only;
l
section 80 (policing at airports) in relation to England, Wales and Scotland only;
m
section 83 (monitoring application);
n
section 97 (criminal records: applications);
o
section 110 (partial exemption for SCDEA from Firearms Act 1968)
p
section 112(1) (minor and consequential amendments and repeals and revocations) insofar as it relates to Part 4 and Part 5 of Schedule 7;
q
section 112(2) (minor and consequential amendments and repeals and revocations) insofar as it relates to Part 3 and Part 7 of Schedule 8, and the provisions of Part 8 of Schedule 8 specified in paragraph (u);
r
Schedule 4;
s
Schedule 6 in relation to England, Wales and Scotland only;
t
Part 4 and Part 5 of Schedule 7;
u
Part 3, Part 7 and Part 8, insofar as it relates to repeals in the Police Act 1997 and the Criminal Justice Act 2003 , of Schedule 8.
Provision coming into force on 29th January 2010 for the purpose of making regulations
3
The day appointed for the coming into force of section 84 (monitoring: additional fees) for the purpose of making regulations is 29th January 2010.
Provision coming into force on 15th March 2010
4
The day appointed for the coming into force of section 1 (duty of police authorities in relation to public accountability) is 15th March 2010.
David Hanson
Minister of State
Home Office
21st January 2010


text:
Citation and Commencement
1
These Regulations may be cited as the Severn Bridges (Amendment) Regulations 2010 and come into force on 19th March 2010.
Amendments to the Severn Bridges Regulations 1996
2
The Severn Bridges Regulations 1996 are amended in accordance with these Regulations.
Place and manner of payment
3
In Regulation 5(1), omit the comma following the phrase “shall be paid by the driver of the vehicle” and for the words “in cash” substitute “by a recognised means of payment,” and omit the words “by the insertion of coins”.
4
After Regulation 5(4) add —
5
For the purpose of this regulation, “recognised” means —
a
where the power to levy tolls is for the time being exercisable by the concessionaire, recognised and accepted by the concessionaire; or
b
where the power to levy tolls is for the time being exercisable by the Secretary of State, recognised and accepted by the Secretary of State.
.
Signed by the authority of the Secretary of State
Sadiq Khan
Minister of State
Department for Transport
22nd February 2010


text:
Citation
1
This Order may be cited as the Pensions Act 2008 (Commencement No. 8) Order 2010.
Commencement of provisions
2
The following provisions of the Pensions Act 2008 come into force on 8th April 2010 —
a
section 103(1), in so far as it is for the purposes of paragraph (b), and
b
section 103(3) (effect of entitlement to guaranteed minimum pension), to the extent that it inserts section 46A(5) to (7) (retirement in tax year after 5th April 2020) into the Pension Schemes Act 1993.
Signed by authority of the Secretary of State for Work and Pensions.
Angela Eagle
Minister of State,
Department for Work and Pensions
7th April 2010


text:
Citation
1
This Order may be cited as the Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No. 4) Order 2010.
Provisions coming into force on 30th September 2010
2
Sections 23 to 27 of the Apprenticeships, Skills, Children and Learning Act 2009 come into force on 30th September 2010.
Provision coming into force on 28th February 2011
3
Section 202(3) of the Apprenticeships, Skills, Children and Learning Act 2009 comes into force on 28th February 2011.
Nick Gibb
Minister of State
Department for Education
28th September 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Community Task Force (Miscellaneous Provisions) Order 2010.
2
It shall come into force on 15 March 2010.
3
In this Order —
“the Community Task Force” means a programme known by that name and provided pursuant to arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973 for any individual aged 18 years or over and less than 25 on the first required entry date to the programme and which includes for that individual work experience and job search;
“facilities” includes the provision of services;
“Community Task Force participant”, in relation to any time, means a person who is at that time participating in the Community Task Force;
“training allowance” means a payment made by the Secretary of State to a person in connection with that person’s participation in the Community Task Force and includes a training premium.
Treatment of persons and payments for the purposes of the Social Security Contributions and Benefits Act 1992, the Jobseekers Act 1995 and specified subordinate legislation
2
1
The provisions of this article apply to the following legislation —
a
Part 1 of the Social Security Contributions and Benefits Act 1992 ;
b
the Jobseekers Act 1995 ; and
c
the subordinate legislation specified in the Schedule to this Order.
2
If, for any period commencing on or after the day on which this Order comes into force, a Community Task Force participant receives, or is eligible to receive, a training allowance, that person is to be treated for that period and in respect of participation in the Community Task Force as not being employed but as participating in arrangements for training under section 2 of the Employment and Training Act 1973.
3
Any payment made to a Community Task Force participant during that period in connection with that person’s use of facilities provided in pursuance of those arrangements shall be treated in the same manner as a payment of training allowance made in respect of such training.
Signed by order of the Secretary of State for Work and Pensions
Jim Knight
Minister of State,
Department for Work and Pensions
17th February 2010


text:
Citation, commencement and interpretation
1
This Order may be cited as the Police and Criminal Evidence Act 1984 (Codes of Practice) (Revisions to Codes E and F) Order 2010 and shall come into force on 1st May 2010.
Revision of codes of practice
2
The revised codes of practice laid before Parliament in connection with the matters referred to in —
a
section 60(1)(a) of the Act (audio recording of interviews with suspects–Code E); and
b
section 60A(1)(a) of the Act (visual recording with sound of interviews with suspects–Code F)
shall come into operation on 1st May 2010.
David Hanson
Minister of State
Home Office
29th March 2010


text:
PART 1 Introduction
Citation and commencement
1
This Order may be cited as the Water Use (Temporary Bans) Order 2010 and comes into force on 1st October 2010.
Interpretation
2
In this Order —
“ the Act ” means the Water Industry Act 1991;
“grow” includes cultivate or propagate;
“health or safety reasons” includes —
removing or minimising any risk to human or animal health or safety; and
preventing or controlling the spread of causative agents of disease;
“National Plant Collection” means a plant collection which is part of the National Council for the Conservation of Plants and Gardens’ National Plant Collection scheme;
“outdoor pot” means a pot or other container that is outdoors or under cover;
“temporary garden or flower display” means a garden or flower display that is —
at a show or exhibition; and
on public display for a period not exceeding 7 days; and
“under cover” means in a greenhouse or outbuilding or under a permanent canopy.
PART 2 Categories of use
Definition of “using a hosepipe”
3
1
Using a hosepipe, in relation to a purpose in section 76(2) of the Act, includes the following —
a
drawing relevant water through a hosepipe from a container and applying it for the purpose;
b
filling or partly filling a container with relevant water by means of a hosepipe and applying it for the purpose.
2
In paragraph (1), “relevant water” does not include water supplied by a water undertaker before the use of water to which the purpose relates was prohibited under section 76(1) of the Act.
Watering a garden using a hosepipe
4
1
Using a hosepipe to water a garden for health or safety reasons is not to be treated as falling within the category of use in section 76(2)(a) of the Act.
2
In that section, “a garden” includes any of the following —
a
a park;
b
gardens open to the public;
c
a lawn;
d
a grass verge;
e
an area of grass used for sport or recreation;
f
an allotment garden, as defined in section 22(1) of the Allotments Act 1922 ;
g
any area of an allotment used for non-commercial purposes;
h
any other green space.
3
But “a garden” does not include —
a
agricultural land, as defined in section 109(1) of the Agriculture Act 1947 ;
b
other land used in the course of a business for the purposes of growing, for sale or commercial use, any crops, fruit, vegetables or other plants;
c
land used for the purposes of a National Plant Collection;
d
a temporary garden or flower display; or
e
plants (including plant organs, seeds, crops and trees) which are in an outdoor pot or in the ground, under cover.
Cleaning a private motor-vehicle using a hosepipe
5
In section 76(2)(b) of the Act, “private motor-vehicle” means —
a
a mechanically propelled vehicle designed, constructed or adapted for use on roads, except —
i
a public service vehicle, as defined in section 1 of the Public Passenger Vehicles Act 1981 , and
ii
a goods vehicle, as defined in section 192 of the Road Traffic Act 1988 ; or
b
a trailer designed, constructed or adapted for attachment to a vehicle falling within paragraph (a).
Watering plants on domestic or other non-commercial premises using a hosepipe
6
1
The category of use in section 76(2)(c) of the Act —
a
applies only to the watering of plants which are in an outdoor pot or in the ground, under cover; and
b
does not include watering plants —
i
grown or kept for sale or commercial use, or
ii
that are part of a National Plant Collection or temporary garden or flower display.
2
In that section —
“domestic or other non-commercial premises” means —
any land, building or other structure used or enjoyed in connection with the use of any of the following which is used principally as a dwelling —
a building or part of a building,
a caravan,
a boat; or
any other land or premises which is not used principally for the purposes of a business; and
“plants” includes plant organs, seeds, crops and trees.
Cleaning a private leisure boat using a hosepipe
7
1
The category of use in section 76(2)(d) of the Act does not include cleaning any area of a private leisure boat which, except for doors or windows, is enclosed by a roof and walls.
2
Using a hosepipe to clean a private leisure boat for health or safety reasons is not to be treated as falling within the category of use in that section.
3
In that section, “private leisure boat” means a vessel or other thing, other than a seaplane, which is designed, constructed or adapted to move through, in, on or over water and which is not —
a
used in the course of a business; or
b
made available or accessible to the public.
Filling or maintaining a domestic swimming or paddling pool
8
1
The following are not to be treated as falling within the category of use in section 76(2)(e) of the Act —
a
filling or maintaining a pool where necessary in the course of its construction;
b
filling or maintaining a pool using a hand-held container which is filled with water drawn directly from a tap;
c
filling or maintaining a pool that is designed, constructed or adapted for use in the course of a programme of medical treatment;
d
filling or maintaining a pool that is used for the purpose of decontaminating animals from infections or disease;
e
filling or maintaining a pool used in the course of a programme of veterinary treatment;
f
filling or maintaining a pool in which fish or other aquatic animals are being reared or kept in captivity.
2
In that section, “domestic swimming or paddling pool” means a swimming or paddling pool, other than a pool that is being used for the purposes of a business, which is —
a
in a building, or part of a building, used principally as a dwelling; or
b
on any land or in any building that is used or enjoyed in connection with a building, or part of a building, mentioned in sub-paragraph (a).
Drawing water, using a hosepipe, for domestic recreational use
9
1
Drawing water, using a hosepipe, to operate water slides or other recreational equipment is to be treated as falling within the category of use in section 76(2)(f) of the Act.
2
In that section, “domestic recreational use” means —
a
recreational use in connection with a domestic swimming or paddling pool within the meaning of section 76(2)(e) of the Act ; or
b
recreational use on land that is used or enjoyed in connection with a building, or part of a building, used principally as a dwelling, other than for the purposes of a business.
Filling or maintaining a domestic pond using a hosepipe
10
1
The category of use in section 76(2)(g) of the Act does not include filling or maintaining a domestic pond in which fish or other aquatic animals are being reared or kept in captivity.
2
In that section, “domestic pond” means a pond, including a swimming pond, on land that —
a
is used or enjoyed in connection with a building, or part of a building, used principally as a dwelling; and
b
is not being used for the purposes of a business.
Filling or maintaining an ornamental fountain
11
1
The category of use in section 76(2)(h) of the Act does not include filling or maintaining an ornamental fountain which is in or near a fish-pond and whose purpose is to supply sufficient oxygen to the water in the pond in order to keep the fish healthy.
2
In that section, “ornamental fountain” includes a cascade or any other display of moving water.
Cleaning walls, or windows, of domestic premises using a hosepipe
12
1
The category of use in section 76(2)(i) of the Act applies only to the cleaning of the external walls or windows of domestic premises.
2
Using a hosepipe to clean the walls or windows of domestic premises for health or safety reasons is not to be treated as falling within the category of use in that section.
3
In that section, “domestic premises” means —
a
a building used principally as a dwelling or dwellings;
b
a garage, shed, outbuilding or other building or structure used or enjoyed in connection with a building mentioned in sub-paragraph (a); or
c
a wall or other means of enclosure within the curtilage of a building mentioned in sub-paragraph (a).
Cleaning paths or patios using a hosepipe
13
Using a hosepipe to clean paths or patios for health or safety reasons is not to be treated as falling within the category of use in section 76(2)(j) of the Act.
Cleaning other artificial outdoor surfaces using a hosepipe
14
1
Using a hosepipe to clean an artificial outdoor surface for health or safety reasons is not to be treated as falling within the category of use in section 76(2)(k) of the Act.
2
In that section, “artificial outdoor surface” means any of the following —
a
any area outdoors which is paved or laid with hard or artificial material;
b
timber decking;
c
a quay;
d
a trailer designed, constructed or adapted to launch boats or other vessels or craft into water, other than a private motor-vehicle within the meaning of section 76(2)(b) of the Act ;
e
the roof of any domestic premises within the meaning of section 76(2)(i) of the Act .
3
In paragraph (2), “quay” includes jetty, pontoon, wharf and slipway.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
2nd September 2010
Jane Davidson
Minister for Environment, Sustainability and Housing,
one of the Welsh Ministers
6th September 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mayday Healthcare National Health Service Trust (Establishment) Amendment Order 2010 and shall come into force on 1st October 2010.
2
In this Order —
“the Establishment Order ” means the Mayday Healthcare National Health Service Trust (Establishment) Order 1993 ;
“the trust” means the NHS trust established by the Establishment Order.
Amendment of article 1 of the Establishment Order
2
In article 1 of the Establishment Order (citation, commencement and interpretation), in paragraph (2) —
a
for the definition of “ the Act ”, substitute —
“the Act” means the National Health Service Act 2006;
;
b
for the definition of “community health services”, substitute —
“community health services” means any services which the Secretary of State has a duty to provide under section 3(1)(d) or (e) of, or paragraph 1 or 8 of Schedule 1 to, the Act and any service which the Secretary of State may provide under paragraph 2 or 7A of that Schedule;
; and
c
omit the definition of “operational date”.
Change of name of trust and transitional provision
3
1
The trust shall be called the Croydon Health Services National Health Service Trust instead of the Mayday Healthcare National Health Service Trust.
2
Accordingly in article 1(2) of the Establishment Order in the definition of “the trust”, and in article 2 of the Establishment Order, for “Mayday Healthcare” substitute “Croydon Health Services”.
3
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Amendment of article 3 of the Establishment Order
4
For article 3 of the Establishment Order (nature and functions of the trust) substitute —
Nature and functions of the trust
3
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service.
.
Amendment of article 4 of the Establishment Order
5
In article 4 of the Establishment Order (directors of the trust) for “5 non-executive directors” substitute “6 non-executive directors”.
Amendment of article 5 of the Establishment Order
6
For article 5 of the Establishment Order (operational date and accounting date of the trust) substitute —
Accounting date of the trust
5
The accounting date of the trust shall be 31st March.
.
Revocation of articles 6, 7 and 8 of the Establishment Order
7
The following articles of the Establishment Order are revoked, insofar as they are still in force —
a
article 6 (limited functions before operational date);
b
article 7 (assistance by health authorities before operational date); and
c
article 8 (restriction on disposal of assets).
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
6th September 2010


text:
1
1
This Order may be cited as the Value Added Tax (Emissions Allowances) Order 2010.
2
This Order comes into force on 1st November 2010 and has effect in relation to supplies made on or after that date.
2
1
Schedule 8 to the Value Added Tax Act 1994 (zero-rating) is amended as follows.
2
In Part 1 (index to zero-rated supplies of goods and services) omit —
“Emissions allowances Group 17”
3
In Part 2 (the groups) omit Group 17 (Emissions Allowances).
Jeremy Wright
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
19th October 2010


text:
Citation
1
This order may be cited as the Finance Act 2009, Section 94 (Appointed Day) Order 2010.
Appointed day
2
1st April 2010 is the day appointed for the coming into force of section 94 of the Finance Act 2009 (publishing details of deliberate tax defaulters).
Dave Watts
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd March 2010


text:
Citation and commencement
1
This Order may be cited as the Planning Act 2008 (Railways Designation) Order 2010 and comes into force on 1st March 2010.
Designation
2
Each of the following is designated for the purposes of section 25 of the Planning Act 2008 —
a
Network Rail Infrastructure Limited ;
b
Network Rail (CTRL) Limited .
Signed by authority of the Secretary of State for Transport
C.D. Mole
Parliamentary Under Secretary of State
Department for Transport
24th January 2010


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Police Pensions (Amendment) Regulations 2010.
2
These Regulations come into force on 1 April 2010 and, subject to paragraph (3), have effect from that date.
3
Paragraph 4 of Schedule 1 has effect from 1st April 2004 until 30th September 2006 .
4
These Regulations extend to England and Wales.
Amendments to Regulations
2
1
Schedule 1 (which makes amendments to the Police Pensions Regulations 1987 ) has effect.
2
Schedule 2 (which amends references to the Government Actuary in the Police Pensions Regulations 1987) has effect.
3
Schedule 3 (which makes amendments to the Police Pensions Regulations 2006 ) has effect.
4
Schedule 4 (which makes amendments to the Police (Injury Benefit) Regulations 2006 ) has effect.
David Hanson
Minister of State
Home Office
15th February 2010
We consent
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd February 2010


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Town and Country Planning (Compensation) (No. 2) (England) Regulations 2010 and shall come into force on 3rd May 2010.
2
These Regulations apply in relation to England only.
3
In these Regulations —
“ the Act ” means the Town and Country Planning Act 1990;
“the GPDO ” means the Town and Country Planning (General Permitted Development) Order 1995 ; and
“Schedule 2” means Schedule 2 to the GPDO.
Prescribed development
2
1
For the purposes of paragraphs (2A)(a) and (3C)(a) of section 108 of the Act (compensation where development order or local development order withdrawn), development of the following description is prescribed —
a
development permitted by Part 1 of Schedule 2 (development within the curtilage of a dwelling house);
b
development permitted by Class A of Part 8 of Schedule 2 (erection, extension or alteration of an industrial building or warehouse);
c
development permitted by Part 32 of Schedule 2 (schools, colleges, universities and hospitals);
d
development permitted by Part 41 of Schedule 2 (office buildings); and
e
development permitted by Part 42 of Schedule 2 (shops or catering, financial or professional services establishments).
Prescribed manner in which planning permission to be withdrawn
3
For the purposes of section 108(3C)(b) of the Act, the prescribed manner for withdrawing planning permission is by direction in accordance with articles 4, 5 and (as appropriate) 6 of the GPDO.
Notice of withdrawal – prescribed manner and period
4
For the purposes of section 108(3C)(c) of the Act —
a
the prescribed manner in which notice of the withdrawal is to be published is in the manner described in paragraphs (1) to (5) of article 5 of the GPDO; and
b
the prescribed period is 24 months.
Notice of withdrawal, revocation, amendment or directions – prescribed manner and period
5
For the purposes of section 108(3D)(c) of the Act —
a
the prescribed manner for publication of notice of the revocation, amendment or directions is in the manner described in paragraphs (7) and (8) of article 2B of the GPDO; and
b
the prescribed period is 24 months.
Revocation
6
The Town and Country Planning (Compensation) (England) Regulations 2010 are revoked.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
7th April 2010


text:
PART 1 Introduction
Citation, commencement and application
1
1
These Regulations may be cited as the School Governance (Transition from an Interim Executive Board) (England) Regulations 2010 and come into force on 1st September 2010 .
2
These Regulations apply only in relation to England.
Revocation
2
The School Governance (Transition from an Interim Executive Board) (England) Regulations 2004 are revoked.
Interpretation
3
In these Regulations —
“ SSFA 1998 ” means the School Standards and Framework Act 1998 ;
“ EA 2002 ” means the Education Act 2002 ;
“ the Act ” means the Education and Inspections Act 2006 ;
“the Constitution Regulations ” means the School Governance (Constitution) (England) Regulations 2007 ;
“interim executive board” means a governing body constituted in accordance with Schedule 6 to the Act (governing bodies consisting of Interim Executive Members);
“interim executive member” means a member of the governing body constituted in accordance with Schedule 6 to the Act;
“local authority” means the local authority by which a maintained school is maintained;
“normally constituted governing body” means a governing body constituted in accordance with regulations made by virtue of section 19 of EA 2002;
“qualifying foundation school” means a foundation or a foundation special school which has a foundation established otherwise than under SSFA 1998, and whose instrument of government provides for the majority of governors to be foundation governors appointed by the foundation;
“shadow governing body” and “shadow governors” have the meaning given in regulation 11(3);
“transfer date” means the day on which the interim executive members cease to hold office in accordance with paragraph 18(1) of Schedule 6 to the Act.
Exclusion of certain provisions
4
1
Regulations made by virtue of subsection (2) or (3) of section 19, or section 23 of EA 2002 do not apply in relation to the shadow governing body.
2
The instrument of government of the school does not have effect in relation to the constitution of the shadow governing body.
PART 2 Categories of Shadow Governors
Shadow parent governor
5
In these Regulations “shadow parent governor” means a person who is appointed as such by the local authority to be a member of the shadow governing body and who is —
a
a parent of a registered pupil at the school, or where such an appointment is not practicable,
i
a parent of a former registered pupil at the school, or
ii
a parent of a child of compulsory school age or under, or
b
where the school is a community special school or a foundation special school a parent of a registered pupil at the school, or where such an appointment is not practicable,
i
a parent of a former registered pupil at the school;
ii
a parent of a child of compulsory school age or under with special educational needs;
iii
a parent with experience of educating a child with special educational needs.
Shadow partnership governor
6
1
In these Regulations “shadow partnership governor” means a person who is appointed as such by the local authority to be a member of the shadow governing body and who is —
a
where the school has a religious character , appointed for the purpose of securing that such religious character is preserved and developed; and
b
in any other case, such other person in the community served by the school as they consider appropriate, provided that no person is to be appointed unless that person would be eligible for appointment as a shadow community governor.
2
The local authority may not appoint as a shadow partnership governor a person who is —
a
a parent of a registered pupil at the school;
b
eligible to be a shadow staff governor of the school;
c
an elected member of the local authority; or
d
employed by the local authority in connection with their education functions.
Shadow staff governor
7
1
In these Regulations “shadow staff governor” means a person who is appointed as such by the local authority to be a member of the shadow governing body and who is —
a
a person who is paid to work at the school and is so working at the time of the person’s appointment,
b
the head teacher (H), who is a shadow staff governor by virtue of being head teacher unless H resigns the position.
2
Where H has resigned the position of shadow staff governor in accordance with paragraph (1) (b), H may withdraw H’s resignation at any time.
Shadow local authority governor
8
In these Regulations “shadow local authority governor” means a person who is appointed as such by the local authority to be a member of the shadow governing body.
Shadow community governor
9
In these Regulations “shadow community governor” means a person who is appointed as such by the local authority to be a member of the shadow governing body and who is —
a
a person who lives or works in the community served by the school; or
b
a person who, in the opinion of the local authority, is committed to the good government and success of the school.
Shadow foundation governor
10
In these Regulations “shadow foundation governor” means a person who is appointed as such by the local authority to be a member of the shadow governing body and who is —
a
appointed for the purposes of securing that the character of the school, including where the school has a particular religious character such religious character, is preserved and developed, and
b
where the school has a foundation, appointed for the purpose of securing that the school is conducted in accordance with the foundation’s governing documents, including, where appropriate , any trust deed relating to the school.
PART 3 Establishment of a Shadow Governing Body
Arrangements for the establishment and removal of a shadow governing body
11
1
Where the notice given under section 65(1) or 69(1) of the Act specifies the duration of the period at the end of which the governing body will become a normally constituted governing body, the local authority may at least six months before the end of that period make arrangements providing for the establishment of a governing body for the school in anticipation of the transition to a normally constituted governing body.
2
Where the notice given under section 65(1) or 69(1) of the Act does not specify the duration of that period and a notice has been given under paragraph 17(1) of Schedule 6 to the Act , the local authority may at least six months before the date given in the notice on which the governing body are to become a normally constituted governing body, make arrangements providing for the establishment of a governing body for the school in anticipation of the transition to a normally constituted governing body.
3
In these Regulations, a governing body so established is referred to as a shadow governing body and members of the shadow governing body are referred to as shadow governors.
4
Nothing in these Regulations prevents the appointment of an interim executive member as a shadow governor.
5
Before appointing a person to be a shadow partnership governor under Regulation 6(1)(a) or a shadow foundation governor under Regulation 10(a), the local authority must consult —
a
any person who would be entitled to appoint a partnership governor or a foundation governor under the instrument of government of the school if the governing body were a normally constituted governing body, and
b
in the case of a Church of England school or a Roman Catholic school, the appropriate diocesan authority (if different).
6
Before appointing a person to be a shadow foundation governor in accordance with Regulation 10(b) the local authority must consult —
a
the trustees of any foundation relating to the school, and
b
any other person who would be entitled to appoint foundation governors or partnership governors under the instrument of government of the school if the governing body were a normally constituted governing body.
7
In calculating the number of shadow governors required in each category in accordance with regulations 13 to 18, the numbers shall be rounded up or down to the nearest whole number.
12
A shadow governor may at any time be removed from office by the local authority for incapacity or misbehaviour.
PART 4 Composition of a Shadow Governing Body
Community schools, community special schools or maintained nursery schools
13
The shadow governing body of a community school, community special school or maintained nursery school is to comprise the following:
a
one third or more shadow parent governors;
b
at least two but no more than one third shadow staff governors;
c
one fifth shadow local authority governors; and
d
one fifth or more shadow community governors.
Foundation and foundation special schools which do not have a foundation
14
The shadow governing body of a foundation or foundation special school which, in either case, does not have a foundation, is to comprise the following:
a
one third or more shadow parent governors;
b
at least two but no more than one third shadow staff governors;
c
at least one but no more than one fifth shadow local authority governors;
d
one tenth or more shadow community governors; and
e
at least two but no more than one quarter shadow partnership governors.
Foundation and foundation special schools which have a foundation but which are not qualifying foundation schools
15
The shadow governing body of a foundation school or foundation special school which, in either case, has a foundation but which is not a qualifying foundation school is to comprise the following:
a
one third or more shadow parent governors;
b
at least two but no more than one third shadow staff governors;
c
at least one but no more than one fifth shadow local authority governors;
d
one tenth or more shadow community governors; and
e
at least two but no more than 45 per cent shadow foundation governors.
Qualifying foundation schools
16
The shadow governing body of a qualifying foundation school is to comprise the following:
a
at least one parent governor;
b
at least two but no more than one third shadow staff governors;
c
at least one but no more than one fifth shadow local authority governors;
d
one tenth or more shadow community governors;
e
such number of shadow foundation governors as out number all the other shadow governors listed in sub-paragraph (a) to (d) by up to two; and
f
such number of shadow foundation governors who are eligible for appointment as shadow parent governors that, when they are counted with the shadow parent governors, comprise one third or more of the total membership of the shadow governing body.
Voluntary controlled schools
17
The shadow governing body of a voluntary controlled school is to comprise the following:
a
one third or more shadow parent governors;
b
at least two but no more than one third shadow staff governors;
c
at least one but no more than one fifth shadow local authority governors;
d
one tenth or more shadow community governors; and
e
at least two but no more than one quarter shadow foundation governors.
Voluntary aided schools
18
The shadow governing body of a voluntary aided school is to comprise the following:
a
at least one shadow parent governor;
b
at least two but no more than one third shadow staff governors;
c
at least one but no more than one tenth shadow local authority governors; and
d
such number of shadow foundation governors as will lead to their outnumbering the shadow governors mentioned in sub-paragraphs (a) to (c) by two; and
e
such number of shadow foundation governors who are eligible for appointment as shadow parent governors that, when they are counted with the shadow parent governors, comprise one third or more of the total membership of the shadow governing body.
PART 5 Conduct of a Shadow Governing Body
Chair and vice-chair of the shadow governing body
19
1
The shadow governing body must, at their first meeting, elect a chair and vice-chair of the shadow governing body from among their number.
2
A person employed to work at the school may not be elected as chair or vice-chair, however nothing in this regulation prevents an interim executive member from being elected as chair or vice-chair.
3
The chair or vice-chair of the shadow governing body may, at any time, resign that office by giving notice in writing to the clerk to the shadow governing body.
4
The chair or vice-chair of the shadow governing body ceases to hold office if that person ceases to be a shadow governor, or becomes employed to work at the school.
5
Where a vacancy arises in the office of chair or vice-chair, the shadow governing body must at their next meeting elect one of their number to fill that vacancy.
6
Where the chair is absent from any meeting or there is at the time a vacancy in the office of the chair, the vice-chair must act as the chair for all purposes.
Appointment of the clerk to the shadow governing body
20
1
The local authority must appoint the clerk to the shadow governing body.
2
The clerk to the shadow governing body must not be:
a
a shadow governor; or
b
the head teacher of the school.
3
Despite paragraph (2), the shadow governing body may, where the clerk fails to attend a meeting of theirs, appoint any one of their number to act as clerk for the purposes of that meeting.
Proceedings of the shadow governing body
21
The shadow governing body may determine their own procedure, subject to regulations 23 and 24.
Delegation of functions
22
The shadow governing body must exercise any functions which have been delegated to them by the interim executive board .
Functions of the clerk to the shadow governing body
23
The clerk to the shadow governing body must:
a
attend meetings of the shadow governing body and ensure that minutes of the proceedings are produced and signed (subject to the approval of the shadow governing body) by the chair of the meeting; and
b
perform such other functions determined by the shadow governing body from time to time.
Minutes of the shadow governing body
24
1
Subject to paragraph (2), the shadow governing body must, as soon as reasonably practicable, make available for inspection a copy of —
a
the agenda for every meeting;
b
the signed minutes of every meeting; and
c
any report or other paper considered at the meeting.
2
There may be excluded from any item required to be made available in pursuance of sub-paragraph (1) any material relating to —
a
a named person who works, or it is proposed should work, at the school;
b
a named pupil at or candidate for admission to the school; or
c
any other matter that, by reason of its nature, the shadow governing body is satisfied should remain confidential.
PART 6 Transition to a Normally Constituted Governing Body
End of the interim period
25
From the transfer date —
a
the shadow governing body are to be treated as if they were a normally constituted governing body; and
b
despite regulation 4(1), Part 5 of the Constitution Regulations applies to the shadow governing body as if they were the governing body of the school.
Constitution of the governing body in accordance with the instrument of government
26
1
The local authority must give one term’s notice of a date (“the constitution date”), no later than 13 months after the transfer date, on which —
a
the shadow governors vacate office; and
b
the governing body of the school are to be constituted as a normally constituted governing body.
2
Sub-paragraph (1) (a) does not prevent the appointment of a shadow governor as a governor of the normally constituted governing body.
3
The local authority must secure that the required appointment or election of governors takes place in accordance with the instrument of government before the constitution date and takes effect on that date.
27
Where a local authority have not appointed a shadow governing body, they must secure that:
a
a new instrument of government is made for the school in accordance with Part 5 of the Constitution Regulations; and
b
on the transfer date the governing body of the school are constituted as a normally constituted governing body in accordance with that new instrument of government.
Jonathan Hill
Parliamentary Under Secretary of State
Department for Education
27th July 2010


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Claims and Payments) Amendment (No. 2) Regulations 2010 and come into force on 30th April 2010.
Amendment of the Social Security (Claims and Payments) Regulations 1987
2
1
The Social Security (Claims and Payments) Regulations 1987 are amended as follows.
2
In Schedule 9 (deductions from benefit and direct payment to third parties) —
a
in paragraph 7C(9) (eligible loans) after “eligible benefit” insert “under this paragraph”;
b
after paragraph 7D (integration loans) insert —
Tax credits overpayment debts and self-assessment debts
7E
1
In this paragraph —
“self-assessment debt” means any debt which —
has arisen from submission of a self-assessment to Her Majesty’s Revenue and Customs under section 9 of the Taxes Management Act 1970 (returns to include self-assessment) ; and
is recoverable under Part 6 of that Act;
“tax credits overpayment debt” means any debt which is recoverable under section 29 of the Tax Credits Act 2002 (recovery of overpayments) .
2
Where the conditions set out in sub-paragraph (3) are met, the Secretary of State may deduct from a specified benefit to which the beneficiary is entitled a sum which is up to a maximum of 3 times 5 per cent of the personal allowance for a single claimant aged not less than 25 and pay that sum to Her Majesty’s Revenue and Customs towards discharge of any outstanding tax credits overpayment debt or self-assessment debt owed by the beneficiary to Her Majesty’s Revenue and Customs.
3
The conditions mentioned in sub-paragraph (2) are —
a
that the beneficiary has given written consent to Her Majesty’s Revenue and Customs for deductions to be made from a specified benefit towards discharge of any outstanding tax credits overpayment debt or self-assessment debt owed by the beneficiary to Her Majesty’s Revenue and Customs; and
b
no sum is being deducted under this paragraph.
4
The Secretary of State shall cease making deductions from a specified benefit under this paragraph if —
a
there is no longer sufficient entitlement to a specified benefit to enable deductions to be made;
b
entitlement to all specified benefits has ceased;
c
the beneficiary withdraws consent for the Secretary of State to make deductions from a specified benefit; or
d
the beneficiary is no longer liable to repay any tax credits overpayment debt or self-assessment debt.
5
The Secretary of State shall notify the beneficiary in writing of the total sums deducted under this paragraph —
a
on receipt of a written request for such information from the beneficiary; or
b
on the termination of deductions.
6
Where a deduction is made under this paragraph from a specified benefit, paragraph 8 (maximum amount of payment to third parties) is to have effect as if —
a
in sub-paragraph (1) for “and 7A” there were substituted “, 7A and 7E”; and
b
in sub-paragraph (2) for “and 7D” there were substituted “, 7D and 7E”.
;
c
in paragraph 9 (priority as between certain debts) —
i
in sub-paragraph (1A)(a), for “7A or 7C” substitute “7A, 7C or 7E”; and
ii
after sub-paragraph (1B)(h) add —
i
any liability mentioned in paragraph 7E (tax credits overpayment debts and self-assessment debts).
.
Signed by authority of the Secretary of State for Work and Pensions.
Jonathan Shaw
Parliamentary Under Secretary of State
Department for Work and Pensions
18th March 2010


text:
PART 1 Preliminary and interpretation
Citation, commencement and application
1
1
These Regulations may be cited as the Marine Strategy Regulations 2010 and come into force on 15th July 2010.
2
These Regulations apply only in relation to the marine strategy area.
Interpretation
2
1
In these Regulations —
“baseline” means the baseline from which the breadth of the territorial sea is measured;
“coastal water” has the meaning given by the Water Framework Directive (set out in Part 3 of Schedule 1);
“the Commission” means the European Commission;
“competent authority” means —
in relation to the Scottish inshore region and the Scottish offshore region, the Scottish Ministers;
in relation to the Welsh inshore region, the Welsh Ministers;
in relation to the Northern Ireland inshore region, the Department of the Environment in Northern Ireland;
in relation to all other areas within the marine strategy area, the Secretary of State;
“Counsel General” has the same meaning as in the Government of Wales Act 2006 ;
“devolved function”, in relation to the marine strategy area, means any function which is not a retained function as respects that area;
“devolved marine area” means —
in relation to any function exercisable by the Scottish Ministers, the Scottish inshore region and the Scottish offshore region,
in relation to any function exercisable by the Welsh Ministers, the Welsh inshore region, and
in relation to any function exercisable by the Department of the Environment in Northern Ireland, the Northern Ireland inshore region;
“devolved policy authority” means the Scottish Ministers, the Welsh Ministers and the Department of the Environment in Northern Ireland;
“the Directive” means Directive 2008/56/EC of the European Parliament and of the Council of 17th June 2008 establishing a framework for Community action in the field of marine environmental policy ;
“enactment” includes any Act of the Scottish Parliament, Northern Ireland legislation, any Act or Measure of the National Assembly for Wales and subordinate legislation, and for this purpose “subordinate legislation” means Orders in Council, orders, rules, regulations, schemes, warrants, byelaws and other instruments made or to be made under any Act or under any Act of the Scottish Parliament, Northern Ireland legislation or under any Act or Measure of the National Assembly for Wales;
“First Minister”, other than in relation to Northern Ireland, has the same meaning as in the Government of Wales Act 2006;
“local authority” means —
in relation to England, a county council, a district council, a parish council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;
in relation to Scotland, a council established by section 2(1) of the Local Government etc. (Scotland) Act 1994 for any local government area;
in relation to Wales, a county council, a county borough council or a community council;
in relation to Northern Ireland, a district council;
“marine protected area” means any geographically defined area within the marine strategy area which is subject to measures for the conservation of species or habitats;
“marine strategy” has the meaning given by Part 2 of Schedule 1;
“the marine strategy area” has the meaning given by regulation 3;
“marine waters” has the meaning given by regulation 3(3);
“Northern Ireland body” means the Foyle, Carlingford and Irish Lights Commission and the following Departments in Northern Ireland: the Department of Agriculture and Rural Development; the Department of Culture, Arts and Leisure; the Department of Enterprise, Trade and Investment; the Department for Regional Development;
“Northern Ireland inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to Northern Ireland;
“Northern Ireland Minister” has the same meaning as in the Northern Ireland Act 1998 , but includes a reference to the First Minister and the deputy First Minister, within the meaning of that Act;
“Northern Ireland offshore region” means so much of the Northern Ireland zone as lies beyond the seaward limits of the territorial sea;
“Northern Ireland public authority” means any public authority so far as exercising functions in relation to which functions are exercisable by a Northern Ireland Minister or a Northern Ireland department;
“Northern Ireland zone” has the same meaning as in the Northern Ireland Act 1998 (see section 98(1) and (8) of that Act);
“public authority” means a public body or public office holder, other than —
a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975 ;
a government department;
the Scottish Ministers;
the Welsh Ministers, the First Minister or the Counsel General;
a Northern Ireland Minister; or
a Northern Ireland department;
“public body” includes —
a local authority;
a local planning authority; and
a statutory undertaker;
“public office holder” means a person holding any of the following offices —
an office under the Crown;
an office created or continued in existence by a public general Act or by legislation passed by the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly;
an office the remuneration in respect of which is paid out of money provided by Parliament or a devolved legislature;
“relevant function” has the meaning given in regulation 4(2);
“renewable energy zone” means any area within which the rights to which section 84 of the Energy Act 2004 applies are exercisable;
“retained function” has the meaning given in Part 1 of Schedule 1;
“Scottish inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to Scotland;
“Scottish offshore region” means so much of the Scottish zone as lies beyond the seaward limits of the territorial sea, and areas of sea within the marine strategy area which lie outside the Scottish zone but which are nearer to any point on the baselines from which the breadth of the territorial sea adjacent to Scotland is measured than to any point on the baselines in any other part of the United Kingdom;
“Scottish public authority” means any public authority so far as exercising functions in relation to which functions are exercisable by the Scottish Ministers;
“Scottish zone” has the same meaning as in the Scotland Act 1998 (see section 126(1) and (2) of that Act);
“secondary devolved function” means —
as respects the Scottish inshore region or the Scottish offshore region, any secondary devolved Scottish function;
as respects the Welsh inshore region or the Welsh offshore region, any secondary devolved Welsh function;
as respects the Northern Ireland inshore region or the Northern Ireland offshore region, any secondary devolved Northern Ireland function;
“secondary devolved Northern Ireland function” means any of the following —
a function exercisable by a Northern Ireland public authority,
a function exercisable by any other public authority, so far as relating to transferred or reserved matters (within the meaning of the Northern Ireland Act 1998),
other than any function in relation to which functions are exercisable by a Minister of the Crown or government department ;
“secondary devolved Scottish function” means any of the following —
a function exercisable by a Scottish public authority,
a function exercisable by any other public authority, so far as not relating to reserved matters (within the meaning of the Scotland Act 1998),
other than any function in relation to which functions are exercisable by a Minister of the Crown or government department ;
“secondary devolved Welsh function” means any of the following —
a function exercisable by a Welsh public authority,
a function conferred or imposed on a public authority by or under a Measure or Act of the National Assembly for Wales,
a function exercisable by a public authority, so far as relating to matters within the legislative competence of the National Assembly for Wales,
other than any function in relation to which functions are exercisable by a Minister of the Crown or government department ;
“statutory undertaker” means a person who is, or is deemed to be, a statutory undertaker for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990 , Part 10 of the Town and Country Planning (Scotland) Act 1997 or the Planning (Northern Ireland) Order 1991 ;
“transitional waters” has the meaning given by the Water Framework Directive (set out in Part 3 of Schedule 1);
“Water Framework Directive” means Directive 2000/60/EC of the European Parliament and of Council of 23rd October 2000 establishing a framework for Community action in the field of water policy, as amended ;
“Welsh inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to Wales;
“Welsh offshore region” means so much of the Welsh zone as lies beyond the seaward limits of the territorial sea;
“Welsh public authority” means any public authority so far as exercising functions in relation to which functions are exercisable by the Welsh Ministers, the First Minister or the Counsel General; and
“Welsh zone” has the same meaning as in the Government of Wales Act 2006 (see section 158(1) and (3) of that Act).
2
Any expression used both in these Regulations and in the Directive and not otherwise defined in these Regulations has the same meaning for the purposes of these Regulations as it has for the purposes of the Directive, and the definitions contained in the Directive of expressions used in these Regulations are set out in Part 2 of Schedule 1.
3
References in these Regulations to an Annex or an Article are to an Annex to, or an Article of, the Directive, unless otherwise specified.
4
References in these Regulations to Annex 1, 3, 4 or 5 are references to that Annex as amended from time to time.
Meaning of “the marine strategy area” and “marine waters”
3
1
For the purpose of these Regulations, “the marine strategy area” means —
a
the area of sea within the seaward limits of the territorial sea adjacent to the United Kingdom, and the sea bed and its subsoil in that area of sea;
b
any area of sea within the limits of the renewable energy zone and the sea bed and its subsoil in that area of sea; and
c
the sea bed and its subsoil within the limits of any areas designated under section 1(7) of the Continental Shelf Act 1964 (so far as not falling within the area mentioned in paragraph (b)).
2
In paragraph (1), “sea” —
a
includes coastal water;
b
does not include any transitional waters.
3
For the purpose of these Regulations, “marine waters” means waters of the sea, and the seabed and subsoil of the waters in question.
PART 2 General duties
The general duties
4
1
The Secretary of State, devolved policy authorities and each Northern Ireland body must exercise their functions, so far as they are relevant functions, so as to secure compliance with the requirements of the Directive, including the requirement in Article 1 to take the necessary measures to achieve or maintain good environmental status of marine waters within the marine strategy area by 31st December 2020.
2
“Relevant function” means a function under these Regulations or, so far as material, a function under or by virtue of any other enactment, including in particular, an enactment specified in Schedule 2.
Functions of the Secretary of State in the development of the marine strategy
5
1
The Secretary of State must develop a marine strategy for the marine strategy area in order to —
a
protect and preserve the marine environment, prevent its deterioration or, where practicable, restore marine ecosystems in areas where they have been adversely affected; and
b
prevent and reduce inputs into the marine environment, with a view to phasing out pollution, so as to ensure they do not give rise to any significant impacts on or risks to marine biodiversity, marine ecosystems, human health or legitimate uses of the sea.
2
The marine strategy must apply an ecosystem-based approach to the management of human activities within the marine strategy area.
3
The marine strategy must consist of the elements required by regulations 10 to 14.
4
For the purpose of this regulation, an “ecosystem-based approach” means an approach which —
a
ensures that the collective pressure of human activities within the marine strategy area is kept within levels compatible with the achievement of good environmental status; and
b
does not compromise the capacity of marine ecosystems to respond to human-induced changes.
Functions of the devolved policy authorities in the development of the marine strategy
6
1
In order to assist the Secretary of State in the development of the marine strategy under regulation 5, each devolved policy authority must provide the Secretary of State with —
a
proposals for —
i
the establishment of the monitoring programmes for the devolved marine area;
ii
the determination of a programme of measures for the devolved marine area; and
iii
the review or update of such monitoring programmes or programme of measures.
b
information, including information for any review or update, to support —
i
the assessment of marine waters for the devolved marine area;
ii
the determination of the characteristics of good environmental status for any area within the devolved marine area which is distinct as regards its hydrological, oceanographic and biogeographic features; and
iii
the development of environmental targets and indicators for any area within the devolved marine area which is distinct as regards its hydrological, oceanographic and biogeographic features; and
c
such other information as the Secretary of State may reasonably require for the purpose of securing compliance with the Directive.
2
The information required under paragraph (1) must be sent to the Secretary of State by such date as the Secretary of State may direct.
Co-ordination in the development of the marine strategy
7
1
In taking such steps as are necessary for the purpose of compliance with regulation 6(1)(a), the competent authorities must exercise their functions under these Regulations so as to secure consistency in relation to the development of a marine strategy in the marine strategy area, and carry out such co-ordination amongst themselves as is necessary for the purpose of securing such consistency.
2
A devolved policy authority must obtain the consent of the Secretary of State for inclusion within the proposals required by regulation 6(1)(a) of any proposal which affects or is likely to affect the exercise of any retained function.
3
Before adopting or revising any element of the marine strategy which affects or is likely to affect the exercise of any devolved function, the Secretary of State must obtain the consent of the relevant devolved policy authority.
Cooperation in implementation of the marine strategy
8
1
The devolved policy authorities and the Secretary of State must co-operate in exercising any relevant function in relation to the implementation of the marine strategy in the marine strategy area including, in particular —
a
in relation to the exercise of any relevant function of the Secretary of State in respect of any activity carried out within the Scottish inshore region, the Scottish offshore region, the Northern Ireland inshore region or the Welsh inshore region; and
b
in relation to the exercise of any relevant function of a devolved policy authority or Northern Ireland body in respect of any activity carried out within the Northern Ireland offshore region or the Welsh offshore region.
2
A devolved policy authority must obtain the consent of the Secretary of State before it exercises any relevant function for the purpose of implementing the Directive, where the exercise of that function relates to any activity which affects or is likely to affect the exercise of any retained function.
3
The Secretary of State must obtain the consent of the relevant devolved policy authority before the Secretary of State exercises any relevant function for the purpose of implementing the Directive, where the exercise of that function relates to any activity which affects or is likely to affect the exercise of any devolved function.
Duty to have regard to the marine strategy
9
The Secretary of State, devolved policy authorities, each Northern Ireland body and each public authority must, in exercising any functions so far as affecting the marine strategy area, have regard to any marine strategy developed under regulation 5.
PART 3 Elements of the marine strategy
Assessment of marine waters
10
1
By 15th July 2012, the Secretary of State must carry out an assessment of the marine waters within the marine strategy area in accordance with Article 8, taking account of available existing data.
2
The Secretary of State must periodically review and update the results of the assessment required by paragraph (1), by each sixth anniversary of the date on which that assessment was published.
Determination of good environmental status
11
1
By 15th July 2012, the Secretary of State must determine the characteristics of good environmental status for the marine waters in the marine strategy area in accordance with Article 9 —
a
in consultation with the devolved policy authorities; and
b
in accordance with regulation 7(3).
2
The characteristics must be determined on the basis of the qualitative descriptors in Annex 1.
3
The Secretary of State must take account of —
a
the list of elements in Table 1 of Annex 3; and
b
the impact of human activity in the marine strategy area, having regard to the list of pressures and impacts in Table 2 of that Annex.
4
The Secretary of State must periodically review and update the characteristics of good environmental status determined under paragraph (1), in consultation with the devolved policy authorities and in accordance with regulation 7(3), by each sixth anniversary of the date on which those characteristics of good environmental status are determined, to ensure that those characteristics are kept up to date.
Environmental targets and indicators
12
1
By 15th July 2012, the Secretary of State must establish environmental targets and indicators for the marine waters in the marine strategy area to help secure good environmental status for those marine waters, in accordance with Article 10 —
a
in consultation with the devolved policy authorities; and
b
in accordance with regulation 7(3).
2
In establishing targets and indicators, the Secretary of State must take account of the indicative lists of pressure and impacts in Table 2 of Annex 3 and the characteristics in Annex 4.
3
The Secretary of State must periodically review and update the environmental targets and indicators established pursuant to paragraph (1), in consultation with the devolved policy authorities and in accordance with regulation 7(3), by each sixth anniversary of the date of the establishment of those targets and indicators, to ensure that the targets and indicators are kept up to date.
Monitoring
13
1
By 15th July 2014, the competent authority must establish and implement a programme for monitoring the environmental status of the marine waters in the marine strategy area, in accordance with Article 11.
2
The competent authority must establish and implement the monitoring programme —
a
on the basis of the indicative lists of elements in Annex 3;
b
on the basis of the requirements in Annex 5; and
c
by reference to the environmental targets established under regulation 12.
3
The competent authority must periodically review the monitoring programme by each sixth anniversary of the date on which that monitoring programme was established, to ensure that the monitoring programme is kept up to date.
Programme of measures
14
1
By 31st December 2015, the competent authority must publish a programme of measures necessary to achieve or maintain good environmental status for the marine waters in the marine strategy area, in accordance with Article 13.
2
The competent authority must develop the programme of measures on the basis of the assessment required by regulation 10 taking account of —
a
the environmental targets and indicators required by regulation 12;
b
the control measures listed in Annex 6; and
c
the social and economic impact of any proposed measure.
3
Any programme of measures must include spatial protection measures, to contribute to coherent and representative networks of marine protected areas, in accordance with Article 13(4).
4
By 31st December 2013, the competent authority must publish information on marine protected areas.
5
The competent authority must include in the programme of measures a description of how the measures will be implemented and how they will contribute to the achievement of environmental targets established under regulation 12.
6
Before the programme of measures comes into operation, the competent authority must —
a
satisfy itself that the measures proposed are cost-effective and technically feasible;
b
carry out an impact assessment, including a cost-benefit analysis, of any proposed measure; and
c
consult on any proposed measure in accordance with regulation 18.
7
The competent authority must consider the implications of the programme of measures on marine waters beyond the marine strategy area in order —
a
to minimise the risk of damage to those waters; and
b
if possible, to have a positive impact of those waters.
8
The competent authority must ensure that the programme of measures is made operational by 31 st December 2016 or one year after the publication of the programme of measures, whichever is the earlier.
9
The competent authority must periodically review the programme of measures required by paragraph (1), by each sixth anniversary after the date of its publication, to ensure that the programme of measures is kept up to date.
10
The Secretary of State may from time to time request a review of all or part of the programme of measures, where those measures affect or are likely to affect retained functions.
11
A devolved policy authority may from time to time request a review of all or part of the programme of measures, where those measures affect or are likely to affect devolved functions.
12
Where a request is made to the Secretary of State or the devolved policy authority under paragraph (10) or (11), the Secretary of State or the authority (as the case may be) must comply with it before the next sixth anniversary of the publication of the programme of measures.
13
Nothing in paragraph (10) or (11) requires a review in response to a request unless the request is reasonable.
Exceptions
15
1
The competent authority may identify cases within the marine waters for which it is the competent authority where, for any of the reasons specified in paragraph 2(a) to (d), the environmental targets or good environmental status cannot be achieved in every aspect through measures taken by the Secretary of State, the devolved policy authority, the public authority or the Northern Ireland body or, for reasons referred to in paragraph 2(e), they cannot be achieved by the time required by these Regulations.
2
The reasons referred to in paragraph (1) are —
a
action or inaction for which the United Kingdom is not responsible;
b
natural causes;
c
force majeure;
d
modifications or alterations to the physical characteristics of marine waters brought about by actions taken for reasons of overriding public interest which outweigh the negative impact on the environment, including any transboundary impact; or
e
natural conditions which do not allow timely improvement in the status of the marine waters concerned.
3
Where the competent authority has identified a case falling within paragraph (1), the duty under these Regulations to take necessary measures to achieve good environmental status does not apply, subject to the limitations of this regulation.
4
In respect of a case falling within paragraph (1) by virtue of sub-paragraph (b), (c) or (d) of paragraph (2), the competent authority must take such measures as it considers appropriate which aim —
a
to make progress towards the environmental targets established under regulation 12 to prevent further deterioration of the status of the affected marine waters; and
b
to mitigate the adverse impact of such a case at the level of the marine region or subregion or in the marine waters in relation to which other member States have or exercise jurisdictional rights.
5
Such measures must be integrated into the programme of measures, so far as practicable.
6
In respect of a case falling within paragraph (1) by virtue of sub-paragraph (d) of paragraph (2), the competent authority must ensure that the modifications and alterations do not permanently preclude or compromise the achievement of good environmental status at the level of the marine region or subregion or in the marine waters in relation to which other member States have or exercise jurisdictional rights.
7
In identifying any case under paragraph (1), the competent authority must consider the consequences for other member States in the marine region or subregion concerned.
8
The competent authority must clearly identify such cases in the programme of measures.
9
The Secretary of State must notify the Commission of the justification for any such cases identified by any competent authority.
10
The duty under these Regulations, including under regulations 4 and 5, to develop or (as the case may be) implement any element of the marine strategy, other than the assessment of marine waters, does not require the taking of any steps —
a
in so far as the omission to take steps would pose no significant risk to the marine environment, or
b
the costs would be disproportionate taking account of the risks to the marine environment,
provided that the omission to take those steps does not result in deterioration of the marine waters concerned.
11
Where the competent authority relies on either exception under paragraph (10) —
a
the Secretary of State must provide the Commission with the necessary justification; and
b
the competent authority must avoid the achievement of good environmental status being permanently compromised.
12
Nothing in these Regulations affects activities the sole purpose of which is defence or national security, but the Secretary of State must endeavour to ensure that such activities are conducted in a manner that is compatible, so far as reasonable and practicable, with the objectives of the Directive.
Relationship with Water Framework Directive
16
Nothing in these Regulations requires any action in coastal waters in so far as the objectives of the Directive are achieved by any enactment implementing the Water Framework Directive or any other EU instrument.
PART 4 Procedural requirements
Notification
17
1
The Secretary of State must notify the Commission of —
a
an assessment under regulation 10 within 3 months of the determination of the characteristics of good environmental status under regulation 11;
b
the determination of the characteristics of good environmental status under regulation 11 within 3 months of that determination;
c
the environmental targets and indicators established under regulation 12 within 3 months of the establishment of those targets and indicators;
d
the monitoring programme established under regulation 13 within 3 months of its establishment;
e
the programme of measures published under regulation 14 within 3 months of its publication;
f
any changes made to any element of the marine strategy within 3 months of the publication of any review;
g
a list of the competent authorities specified for the purposes of these Regulations, together with the information required by Annex 2, by 15 th January 2011; and
h
any change to the information provided under sub-paragraph (g) within 6 months of such a change coming into effect.
2
The Secretary of State must provide the Commission with a brief interim report describing the progress made in implementing the programme of measures within 3 years of the publication of that programme and within 3 years of any update to that programme.
3
The Secretary of State must also send any information under paragraph 1(f) to other relevant member States and to the OSPAR Commission within the same time limit.
Public participation
18
1
The competent authority must consult the public to ensure the public is given an early opportunity to participate in the preparation, modification or review of any —
a
monitoring programmes required by regulation 13; or
b
programme of measures required by regulation 14.
2
The Secretary of State must consult the public to ensure the public is given an early opportunity to participate in the preparation, modification or review of any —
a
assessment required by regulation 10;
b
determination of good environmental status required by regulation 11; or
c
environmental targets and indicators required by regulation 12.
3
The competent authority must —
a
inform the public as to its proposal, including a summary of the relevant element of the marine strategy mentioned in paragraph (1) or (2), any relevant background information, and the right of the public to participate in the relevant decision-making process;
b
specify the means by which the public can participate in the consultation, including an address for responses, and a reasonable timescale for the consultation; and
c
take account of the consultation responses in making any relevant decision.
4
The competent authority must take such steps as they consider appropriate to secure that the proposals contained in the consultation draft are brought to the attention of the public, including any persons appearing to the relevant authorities to be likely to be interested in, or affected by, the proposed policies.
5
If the consultation includes proposals relating to retained functions, it may be published only with the agreement of the Secretary of State.
6
If the consultation includes proposals relating to devolved functions, it may be published only with the agreement of the relevant devolved policy authority.
7
Where the competent authority takes a decision in relation to its proposal, following a consultation, it must —
a
inform the public of that decision;
b
provide information as to the reasons and considerations on which that decision is based; and
c
provide a statement of the steps taken by the competent authority, or the Secretary of State (as the case may be) to comply with paragraphs (1) to (4), as appropriate.
8
For the purpose of this regulation, “the public” includes the OSPAR Commission and any other interested organ of an international organisation.
PART 5 Directions and guidance
Directions to, and assistance from, public authorities
19
1
The Secretary of State may give directions to any public authority for the purpose of implementing the Directive.
2
But the Secretary of State may only give directions in respect of the Scottish inshore region, Scottish offshore region, Welsh inshore region, Welsh offshore region, Northern Ireland inshore region or Northern Ireland offshore region in relation to the exercise by a public authority of a retained function.
3
The Scottish Ministers may give directions to any public authority in respect of the Scottish inshore region and Scottish offshore region in relation to the exercise by that authority of a secondary devolved Scottish function.
4
The Welsh Ministers may give directions to any public authority in respect of the Welsh inshore region and Welsh offshore region in relation to the exercise by that authority of a secondary devolved Welsh function.
5
Where any proposal to give directions under paragraph (1), (3) or (4) includes directions in respect of retained and devolved functions, those directions may be given jointly by the Secretary of State and the relevant devolved policy authority.
6
The Secretary of State may not give directions in relation to any decision on an application for an order granting development consent under the Planning Act 2008 .
7
Any direction given under these Regulations must be in writing and may be varied or revoked by a further direction.
8
For the purpose of this regulation, a direction —
a
may be of a general or specific character for the purpose of giving effect to the Directive; and
b
without prejudice to the generality of sub-paragraph (a), may direct a public authority to exercise or not to exercise —
i
specified powers;
ii
its powers in specified circumstances; or
iii
its powers in a specified manner.
9
Directions given under this regulation must be publicised in such manner as the body giving the directions considers appropriate for the purpose of bringing the matters to which the directions relate to the attention of persons likely to be affected by them.
10
A public authority must comply with any direction which is given to it under this regulation.
11
A Northern Ireland public authority and a Northern Ireland body must, on the request of the Department of the Environment in Northern Ireland, provide that Department with —
a
any information in its possession or under its control, and
b
such assistance as may reasonably be sought by that Department,
in connection with the exercise of any functions exercisable by a Northern Ireland public authority or Northern Ireland body which may relate to the implementation of the Directive.
12
The Department of the Environment in Northern Ireland must consult the relevant Northern Ireland body on proposals to prepare, modify or review any element of the marine strategy which may affect the functions of the relevant Northern Ireland body.
Guidance
20
1
The Secretary of State may give guidance to any person with respect to the practical implementation of the Directive.
2
The Scottish Ministers may give guidance to any public authority in respect of the Scottish inshore region and Scottish offshore region in relation to the exercise by that public authority of secondary devolved Scottish functions.
3
The Welsh Ministers may give guidance to any public authority in respect of the Welsh inshore region and Welsh offshore region in relation to the exercise by that authority of secondary devolved Welsh functions.
4
In respect of the Northern Ireland inshore region and the Northern Ireland offshore region, the Department of the Environment in Northern Ireland may give guidance to —
a
a Northern Ireland body in relation to the exercise by that body of reserved or transferred functions; or
b
a Northern Ireland public authority in relation to the exercise by that authority of secondary devolved Northern Ireland functions.
5
Where any proposal to give guidance under paragraphs (1) to (4) includes guidance in respect of both retained and devolved functions, that guidance must be given jointly by the Secretary of State and the relevant devolved policy authority.
6
Any person to whom guidance is given under this regulation must have regard to it.
Richard Benyon
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
16th June 2010


text:
1
This Order may be cited as the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) Order 2010 and shall come into force on the first day of the month following the expiry of three months from the date on which the United Kingdom deposits an instrument of ratification in respect of the Second Additional Protocol to the European Convention on Mutual Legal Assistance in Criminal Matters with the Secretary General of the Council of Europe .
2
This Order extends to England and Wales and Northern Ireland.
3
Albania, Bosnia and Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia, Israel, Montenegro, Serbia and Switzerland are designated as participating countries under section 51(2)(b) of the 2003 Act for the purposes of sections 31, 47 and 48 of, and paragraph 15 of Schedule 2 to, the 2003 Act.
4
Albania, Bosnia and Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia, Israel, Montenegro and Serbia are also designated as participating countries under section 51(2)(b) of the 2003 Act for the purposes of sections 4 and 4B of that Act.
West of Spithead
Parliamentary Under Secretary of State
Home Office
8th January 2010


text:
Citation, commencement and interpretation
1
This Order may be cited as the Finance Act 2009, Schedule 56 (Appointed Day and Consequential Provisions) Order 2010 and shall come into force on 6th April 2010.
2
In this Order —
“Schedule 56” means Schedule 56 to the Finance Act 2009;
“tax quarter” means any of the following (inclusive) periods —
6th April to 5th July, 6th July to 5th October, 6th October to 5th January and 6th January to 5th April;
“tax month” means the period beginning on the 6th day of a calendar month and ending on the 5th day of the following calendar month;
“tax period” means a tax quarter or tax month;
“section 254 period” means each period of three months ending with 31st March, 30th June, 30th September or 31st December as provided for in section 254(2) of the Finance Act 2004 .
Appointed day
3
1
In relation to those amounts of tax which are specified in paragraph (2), and are —
a
chargeable in respect of a tax period starting on or after 6th April 2010, or
b
chargeable in respect of a section 254 period ending on or after 30th September 2010
the day appointed for the coming into force of Schedule 56 is 6th April 2010.
2
The amounts of tax referred to in paragraph (1) are the following amounts specified in column 3 of the Table in paragraph 1 of Schedule 56 —
a
items 2, 3 and 4, and
b
items 17, 23 and 24 but only insofar as the tax falls within any of items 2,3 or 4.
Consequential provisions and savings
4
1
Regulations 203 (default surcharge) and 204 (surcharge notice and appeal) of the Income Tax (Pay As You Earn) Regulations 2003 are omitted subject to the savings set out in paragraph (3).
2
Regulations 48 (default surcharge) and 49 (surcharge notice and appeal) of the Income Tax (Construction Industry Scheme) Regulations 2005 are omitted subject to the savings set out in paragraph (3).
3
The regulations referred to in paragraphs (1) and (2) shall continue to have effect in relation to surcharges arising in respect of late payments of tax where the tax was chargeable in respect of a tax period ending on or before 5th April 2010.
4
Paragraph 110 of Schedule 2 (consequential amendments and supplemental provisions – secondary legislation) to the Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 is omitted.
Tony Cunningham
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
25th February 2010


text:
Citation and commencement
1
These Regulations may be cited as the Police Authority (Amendment No. 3) Regulations 2010 and shall come into force on 19th January 2011.
Amendment of the Police Authority Regulations 2008
2
The Police Authority Regulations 2008 are amended as follows.
3
In regulation 19 (tenure of office), before the words “A person” insert “Subject to regulation 19A,”.
4
After regulation 19 insert —
Extension of existing terms pending abolition of police authorities
19A
1
This regulation applies to a member referred to in regulation 6(1)(b) or 6(2)(b) whose term of office under regulation 19 would (but for this regulation) expire on or after 19th January 2011 but before 10th May 2012.
2
The term of office of a member to whom this regulation applies shall, subject to regulations 14 to 17 (disqualification), 21 (resignation) and 24 (removal), be extended until 10th May 2012.
3
But no term shall be extended under paragraph (2) if, on 19th January 2011, a person other than the member mentioned in paragraph (1) has already agreed to be appointed to the vacancy resulting from the expiry of the term of office mentioned in that paragraph.
Nick Herbert
Minister of State
Home Office
21st December 2010


text:
Citation and commencement
1
1
This Order may be cited as the Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010.
2
This Order comes into force on 1st April 2010.
Interpretation
2
1
In this Order —
“the 1996 Act ” means the Housing Act 1996 ;
“the 2008 Act ” means the Housing and Regeneration Act 2008;
“the 2008 Order ” means the Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 ; and
“the commencement date” means the day on which this Order comes into force.
2
References in this Order to words in an enactment which are being amended or repealed by the Order are references to the words in the text of the enactment (and therefore do not describe any non-textual modification of that enactment made by the 2008 Order or any other provision).
3
References in this Order to repeals include revocations.
Extent
3
1
Subject to paragraph (2), an amendment or repeal made by this Order has the same extent as the enactment to which it relates.
2
The amendments and repeals in respect of the following enactments extend to England and Wales only —
a
sections 2B, 69 and 69A and Part 3 of the Housing Associations Act 1985 ;
b
paragraph 42 (and the italic heading before it) of Schedule 5 to the Housing and Planning Act 1986 ;
c
section 57 of, and paragraphs 28, 29, 31(3) and 33 of Schedule 6 to, the Housing Act 1988 ;
d
paragraphs 27(2) and (4), 28, 29, 31, 33, 35(3), 36, 37, 53(3), (4), and (5) and 66 of Schedule 16 to the Government of Wales Act 1998 ;
e
paragraph 5(3) of Schedule 2 to the Public Audit (Wales) Act 2004 ;
f
paragraphs 3 and 11 of Schedule 11 to the Housing Act 2004 ; and
g
paragraph 23 of Schedule 8 and paragraph 1(2)(d) of Schedule 9 to the Local Government and Public Involvement in Health Act 2007 .
Consequential amendments for Part 1 of the 2008 Act
4
The enactments specified in Schedule 1 to this Order have effect with the amendments specified.
Consequential amendments for Part 2 of the 2008 Act
5
The enactments specified in Schedule 2 to this Order have effect with the amendments specified.
Transitional and saving provisions
6
The amendments and repeals made by this Order have effect subject to the transitional and saving provisions in Schedule 3 to this Order
Repeals
7
The enactments specified in Schedule 4 to this Order are repealed to the extent specified.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
17th March 2010


text:
Citation and commencement
1
These Regulations may be cited as the Tonnage Tax (Training Requirement) (Amendment) Regulations 2010 and they come into force on 1st October 2010.
Application
2
1
These Regulations apply for the purpose of calculating the payments in lieu of training for the purposes of the Tonnage Tax (Training Requirement) Regulations 2000 (“the 2000 Regulations ”) in respect of a relevant four month period falling after 30th September 2010.
2
In paragraph (1), “a relevant four month period” means a period of four months commencing on 1st October, 1st February or 1st June in any year.
Payments in lieu of training
3
1
The 2000 Regulations are amended as follows.
2
In regulation 15(1)(b) (payments in lieu of training), for “£685” substitute “£743”.
3
In regulation 21(4) (higher rate of payment in case of failure to meet training requirement), for “£623” substitute “£676”.
Revocations
4
The Tonnage Tax (Training Requirement) (Amendment) Regulations 2009 are revoked.
Signed by authority of the Secretary of State for Transport
Mike Penning
Parliamentary Under Secretary of State
Department for Transport
31st August 2010


text:
Citation and commencement
1
This Order may be cited as the Social Security Revaluation of Earnings Factors Order 2010 and shall come into force on 6th April 2010.
Revaluation of earnings factors
2
The earnings factors for tax years specified in the Schedule to this Order in so far as they are relevant —
a
to the calculation —
i
of the additional pension in the rate of any long-term benefit, or
ii
of any guaranteed minimum pension ; or
b
to any other calculation required under Part 3 of the Pension Schemes Act 1993 (including that Part as modified by or under any other enactment),
are directed to be increased for those tax years by the percentage of their amount shown opposite those tax years in that Schedule.
Rounding of fractional amounts
3
Where any earnings factor relevant to the calculation specified in article 2(a)(i) of this Order, as increased in accordance with this Order, would not but for this article be expressed as a whole number of pounds, it shall be so expressed by rounding down any fraction of a pound less than one half and rounding up any other fraction of a pound.
Signed by authority of the Secretary of State for Work and Pensions.
Angela Eagle
Minister of State,
Department for Work and Pensions
23rd February 2010