text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 3) Regulations 2010 and shall come into force on 28 th June 2010.
Amendment of the Social Security (Claims and Payments) Regulations 1987
2
For regulation 3(j) of the Social Security (Claims and Payments) Regulations 1987 (claims not required for entitlement to benefit in certain cases) substitute —
j
in the case of an employment and support allowance where —
i
the beneficiary has made and is pursuing an appeal against a decision of the Secretary of State that embodies a determination that the beneficiary does not have limited capability for work, and
ii
that appeal relates to a decision to terminate or not to award a benefit for which a claim was made.
.
Amendment of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988
3
In regulation 5(2) of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 (offsetting prior payment against subsequent award), in sub-paragraphs (a) and (b) of case 3, after “severe disablement allowance” insert “, employment and support allowance for those persons with limited capability for work in relation to youth in accordance with paragraph 4 of Schedule 1 to the Welfare Reform Act 2007,”.
Amendment of the Social Security Contributions and Benefits Act 1992
4
In section 44A of the Social Security Contributions and Benefits Act 1992 (deemed earnings factors) —
a
in subsection (2)(d)(i) —
i
for “paragraph 1” substitute “in paragraphs 1 and 2”, and
ii
after “Welfare Reform Act” insert “2007”, and
b
in subsection (7)(b) after “Welfare Reform Act” insert “2007”.
Amendment of the Social Security (Incapacity Benefit – Increases for Dependants) Regulations 1994
5
In regulation 9(1)(a)(i) and (b) of the Social Security (Incapacity Benefit – Increases for Dependants) Regulations 1994 (increase of incapacity benefit for adult dependants and persons having the care of children or qualifying young persons) for “is aged at least 60” substitute “has reached the qualifying age referred to in section 1(6) of the State Pension Credit Act 2002 ”.
Amendment of the Social Security (Incapacity for Work) (General) Regulations 1995
6
1
The Social Security (Incapacity for Work) (General) Regulations 1995 are amended as follows.
2
In regulation 2 (interpretation) in the definition of “medical evidence” for “doctor” substitute “health care professional”.
3
After regulation 16 (person who works to be treated as capable of work) insert —
Persons to be treated as capable of work at the end of the period covered by medical evidence
16A
Where the Secretary of State is satisfied that it is appropriate in the circumstances of the case then a person may be treated as being capable of work if —
a
the person has supplied medical evidence in accordance with regulation 28(2)(a);
b
the period for which medical evidence was supplied has ended;
c
the Secretary of State has requested further medical evidence; and
d
the person has not, before whichever is the later of either the end of the period of six weeks beginning with the date of the Secretary of State’s request or the end of six weeks beginning with the day after the end of the period for which medical evidence was supplied —
i
supplied further medical evidence, or
ii
otherwise made contact with the Secretary of State to indicate a wish to have the question of incapacity for work determined.
.
4
In regulation 17 (exempt work) —
a
in paragraph (3)(b) before “voluntary” insert “by a” and after “organisation” insert “or community interest company ”;
b
for paragraph (4)(a) substitute —
a
is done during a period of specified work, provided that —
i
the person has not previously done specified work,
ii
since the beginning of the last period of specified work, the person has ceased to be entitled to a relevant benefit for a continuous period exceeding 8 weeks, or
iii
not less than 52 weeks have elapsed since the last period of specified work; or
; and
c
after paragraph (8) add —
9
For the purposes of this regulation, a period of specified work begins on the first day on which any specified work is undertaken and continues for a period of 52 weeks, whether or not any further specified work is undertaken during that period.
.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
7
1
The Social Security and Child Support (Decisions and Appeals) Regulations 1999 are amended as follows.
2
In regulation 3 (revision of decisions) before paragraph (6) insert —
5E
A decision under section 8 or 10 awarding an employment and support allowance may be revised if —
a
the decision of the Secretary of State awarding an employment and support allowance was made on the basis that the claimant had made and was pursuing an appeal against a decision of the Secretary of State that the claimant did not have limited capability for work (“the original decision”); and
b
the appeal to the First-tier Tribunal in relation to the original decision is successful.
5F
A decision under section 8 or 10 awarding an employment and support allowance may be revised if —
a
the person’s current period of limited capability for work is treated as a continuation of another such period under regulation 145(1) and (2) of the Employment and Support Allowance Regulations; and
b
regulation 7(1)(b) of those Regulations applies.
.
3
In regulation 6 (supersession of decisions) for paragraph (2)(r) substitute —
r
is an employment and support allowance decision where, since the decision was made, the Secretary of State has —
i
received medical evidence from a health care professional approved by the Secretary of State, or
ii
made a determination that the claimant is to be treated as having limited capability for work in accordance with regulation 20, 25, 26 or 33(2) of the Employment and Support Allowance Regulations.
.
4
In regulation 7 (date from which a decision superseded under section 10 takes effect) —
a
for paragraph (38) substitute —
38
A decision made in accordance with regulation 6(2)(r) that embodies a determination that the claimant has —
a
limited capability for work; or
b
limited capability for work-related activity; or
c
limited capability for work and limited capability for work-related activity
which is the first such determination shall take effect from the beginning of the 14th week of entitlement.
; and
b
after paragraph (39) add —
40
A decision made in accordance with regulation 6(2)(r) that embodies a determination that the claimant has —
a
limited capability for work; or
b
limited capability for work-related activity; or
c
limited capability for work and limited capability for work-related activity
where regulation 5 of the Employment and Support Allowance Regulations (assessment phase – previous claimants) applies shall take effect from the beginning of the 14th week of the person’s continuous period of limited capability for work.
.
5
In regulation 7A(1) (definitions for the purposes of Chapters I and II ) after “6(2)(g)” insert “, 6(2)(r)”.
6
In regulation 17(5) (provision of information or evidence) for “(e)” substitute “(f)”.
Amendment of the Social Security (Claims and Information) Regulations 2007
8
In regulation 1(3) of the Social Security (Claims and Information) Regulations 2007 (citation, commencement and interpretation) after “disability living allowance;” insert —
ee
employment and support allowance;
.
Amendment of the Employment and Support Allowance Regulations 2008
9
1
The Employment and Support Allowance Regulations 2008 are amended as follows.
2
In regulation 2 (interpretation) —
a
in paragraph (1) —
i
omit the definition of “medical examination centre”;
ii
in the definition of “period of limited capability for work” for “a period throughout which a person has, or is treated as having, limited capability for work” substitute “except in paragraph (5), a period throughout which a person has, or is treated as having, limited capability for work, and does not include a period which is outside the prescribed time for claiming as specified in regulation 19 of the Social Security (Claims and Payments) Regulations 1987 ”; and
b
after paragraph (4) insert —
5
For the purposes of paragraph 4 of Schedule 1 to the Act (condition relating to youth) “period of limited capability for work” means a period throughout which a person has, or is treated as having, limited capability for work.
.
3
In regulation 4(1) (end of assessment phase) for “regulations 5 and 6” substitute “regulation 5”.
4
In regulation 5 (the assessment phase-previous claimants) —
a
in paragraph (1)(b) for “regulation 6” substitute “(4)”;
b
in paragraph (2)(a)(ii) omit “and” where it is mentioned on the second occasion;
c
in paragraph (2)(a)(iii) for “or” substitute “and”;
d
after paragraph (2)(a)(iii) insert —
iv
the period for which the claimant was previously entitled was no more than 13 weeks; or
;
e
in paragraph (2)(b)(i) omit “and”;
f
at the end of paragraph (2)(b)(ii) add “and”;
g
after paragraph (2)(b)(ii) insert —
iii
the period for which the claimant was previously entitled was no more than 13 weeks;
;
h
after paragraph (3) add —
4
Where a person has made and is pursuing an appeal against a decision of the Secretary of State that embodies a determination that the claimant does not have limited capability for work —
a
paragraph (3) does not apply; and
b
paragraph (1) does not apply to any period of limited capability for work to which regulation 147A(2) applies until a determination of limited capability for work has been made following the determination of the appeal by the First-tier Tribunal.
.
5
Omit regulation 6 (the assessment phase – claimants appealing against a decision).
6
In regulation 7 (circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work-related activity component arises does not apply) —
a
in paragraph (1)(b)(iii), after “allowance” insert “or that period was more than 13 weeks;”; and
b
in paragraph (2) for “where the claimant is appealing a decision which embodies a determination that the claimant does not have limited capability for work” substitute “to any period of limited capability for work to which regulation 147A(2) applies until the determination of limited capability for work has been made following the determination of the appeal by the First-tier Tribunal”.
7
For regulation 13 (modification of the relevant benefit year) substitute —
Modification of the relevant benefit year
13
1
Where paragraph (2) applies, sub-paragraph (1)(f) of paragraph 3 of Schedule 1 to the Act has effect as if “relevant benefit year” is any benefit year which includes all or part of the period of limited capability for work which includes the relevant benefit week.
2
This paragraph applies where a claimant has made a claim to employment and support allowance but does not satisfy —
a
the first contribution condition;
b
the second contribution condition; or
c
both contribution conditions,
but would satisfy those conditions if the modified definition of “relevant benefit year” provided in paragraph (1) applied.
.
8
In regulation 30 (conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made) at the end of paragraph (2)(b) insert “; or” and the following sub-paragraph —
c
that it has not, within the 6 months preceding the date of claim, been determined, in relation to the claimant’s entitlement to any benefit, allowance or advantage, which is dependent upon the claimant being incapable of work, that the claimant is capable of work, or is to be treated as capable of work under regulation 7 or 8 of the Social Security (Incapacity for Work) (General) Regulations 1995 (“the 1995 Regulations ”) , unless —
i
the claimant is suffering from some specific disease or bodily or mental disablement from which the claimant was not suffering at the time of that determination,
ii
a disease or bodily or mental disablement from which the claimant was suffering at the time of that determination has significantly worsened, or
iii
in the case of a claimant who was treated as capable of work under regulation 7 of the 1995 Regulations (failure to provide information), the claimant has since provided the information requested by the Secretary of State under that regulation.
.
9
After regulation 32 (certain claimants to be treated as not having limited capability for work) insert —
Claimants to be treated as not having limited capability for work at the end of the period covered by medical evidence
32A
Where the Secretary of State is satisfied that it is appropriate in the circumstances of the case then a claimant may be treated as not having limited capability for work if —
a
the claimant has supplied medical evidence in accordance with regulation 30(2)(a);
b
the period for which medical evidence was supplied has ended;
c
the Secretary of State has requested further medical evidence; and
d
the claimant has not, before whichever is the later of either the end of the period of 6 weeks beginning with the date of the Secretary of State’s request or the end of 6 weeks beginning with the day after the end of the period for which medical evidence was supplied —
i
supplied further medical evidence, or
ii
otherwise made contact with the Secretary of State to indicate that they wish to have the question of limited capability for work determined.
.
10
In regulation 45 (exempt work) —
a
in paragraph (3)(b) before “voluntary” insert “by a” and after “organisation” insert “or community interest company ”;
b
for paragraph (4)(a) substitute —
a
is done during a period of specified work, provided that —
i
the claimant has not previously done specified work,
ii
since the beginning of the last period of specified work, the claimant has ceased to be entitled to a relevant benefit for a continuous period exceeding 12 weeks, or
iii
not less than 52 weeks have elapsed since the last period of specified work; or
; and
c
after sub-paragraph (b) insert —
c
for the purposes of this regulation, a period of specified work begins on the first day on which any specified work is undertaken and continues for a period of 52 weeks, whether or not any further specified work is undertaken during that period.
.
11
In regulation 49 (notification of the assessment) after paragraph (2) insert —
3
A claimant may be required to take part in a work-focused health-related assessment either by attendance in person or by telephone.
.
12
Omit regulation 50 (determination of the place of the work-focused health-related assessment).
13
In regulation 53(3) (failure to take part in a work-focused health-related assessment) —
a
for sub-paragraph (b) substitute —
b
that the physical or mental health or condition of the claimant made it impracticable for the claimant to take part in a work-focused health-related assessment;
;
b
in sub-paragraph (c) omit “and”; and
c
after sub-paragraph (c) insert —
ca
that the claimant had caring responsibilities in relation to a child and childcare was not reasonably available or was unsuitable due to the particular needs of the claimant or the child; and
.
14
In regulation 61(3) (failure to take part in a work-focused interview) —
a
for sub-paragraph (i) substitute —
i
that the physical or mental health or condition of the claimant made it impracticable for the claimant to attend at the time and place fixed for the interview;
; and
b
after sub-paragraph (j) insert —
ja
that the claimant had caring responsibilities in relation to a child and child care was not reasonably available or was unsuitable due to the particular needs of the claimant or the child; and
.
15
After regulation 147 insert —
Claimants appealing a decision
147A
1
This regulation applies where a claimant has made and is pursuing an appeal against a decision of the Secretary of State that embodies a determination that the claimant does not have limited capability for work.
2
Subject to paragraph (3), where this regulation applies, a determination of limited capability for work by the Secretary of State under regulation 19 shall not be made until the appeal is determined by the First-tier Tribunal .
3
Paragraph (2) does not apply where either —
a
the claimant suffers from some specific disease or bodily or mental disablement from which the claimant was not suffering when entitlement began; or
b
a disease or bodily or mental disablement from which the claimant was suffering at that date has significantly worsened.
4
Where this regulation applies and the Secretary of State makes a determination —
a
in a case to which paragraph (3) applies (including where the determination is not the first such determination) that the claimant does not have or, by virtue of regulation 22 or 23, is to be treated as not having limited capability for work; or
b
subsequent to a determination that the claimant is to be treated as having limited capability for work by virtue of a provision of these Regulations other than regulation 30, that the claimant is no longer to be so treated,
this regulation and regulation 30 apply as if that determination had not been made.
5
Where this regulation applies and —
a
the claimant is entitled to an employment and support allowance by virtue of being treated as having limited capability for work in accordance with regulation 30;
b
neither of the circumstances in paragraph (3) applies, or, subsequent to the application of either of those circumstances, the claimant has been determined not to have limited capability for work; and
c
the claimant’s appeal is dismissed, withdrawn or struck out,
the claimant is to be treated as not having limited capability for work with effect from the beginning of the first day of the benefit week following the date on which the Secretary of State was notified by the First-tier Tribunal that the appeal is dismissed, withdrawn or struck out.
6
Where a claimant’s appeal is successful, subject to paragraph (7), any finding of fact or other determination embodied in or necessary to the decision of the First-tier Tribunal or on which the First-tier Tribunal’s decision is based shall be conclusive for the purposes of the decision of the Secretary of State, in relation to an award made in a case to which this regulation applies, as to whether the claimant has limited capability for work or limited capability for work-related activity.
7
Paragraph (6) does not apply where, due to a change of circumstances after entitlement to which this regulation applies began, the Secretary of State is satisfied that it is no longer appropriate to rely on such finding or determination.
.
16
In regulation 154 (absence in order to receive NHS treatment) omit paragraph (c) and the word “and” immediately preceding it.
17
In regulation 155(1) (absence of member of family of member of Her Majesty’s forces) omit sub-paragraph (b) and the word “and” immediately preceding it.
18
In paragraph 10(1)(a) of Schedule 6 (general exclusions from paragraphs 8 and 9) for “the claimant’s partner” substitute “the claimant or the claimant’s partner”.
19
After paragraph 5 of Schedule 7 (sums to be disregarded in the calculation of earnings) insert —
5A
In the case of a claimant who receives a payment to which regulation 92(2) applies, £20, except where regulation 45(2) to (4) applies to the claimant, in which case the amounts specified in paragraph 6 shall apply, but only up to a maximum of £20.
.
20
In Schedule 8 (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 7, after sub-paragraph (2) add —
3
An increase under section 80 or 90 of the Contributions and Benefits Act .
; and
b
in paragraph 15(1)(a) after “employment and support allowance” insert “or a jobseeker’s allowance”.
Signed by authority of the Secretary of State for Work and Pensions.
William D. McKenzie
Parliamentary Under Secretary of State,
Department for Work and Pensions
17th March 2010


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines for Human Use (Advanced Therapy Medicinal Products and Miscellaneous Amendments) Regulations 2010 and shall come into force on 19th August 2010.
2
In these Regulations —
“ the Act ” means the Medicines Act 1968 ;
“advanced therapy medicinal product” has the meaning that expression bears in paragraph 1(a) of Article 2 of Regulation (EC) No. 1394/2007 of the European Parliament and of the Council on advanced therapy medicinal products ;
“the Directive” means Directive 2001/83/ EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use ;
“exempt advanced therapy medicinal product” means an advanced therapy medicinal product of the kind described in Article 3.7 of the Directive;
“the guidelines on good distribution practice” means the Guidelines on Good Distribution Practice of Medicinal Products for Human Use (94/C 63/03) published by the European Commission pursuant to Article 84 of the Directive; and
“the principles and guidelines of good manufacturing practice” means the principles and guidelines of good manufacturing practice set out in Commission Directive 2003/94/EC and the guidelines drawn up pursuant to Article 5 of Regulation (EC) 1394/2007 of the European Parliament and of the Council on advanced therapy medicinal products.
Disapplication of section 7 of the Medicines Act 1968 to exempt advanced therapy medicinal products
2
Section 7 of the Act (dealing with medicinal products and product licences) shall not apply in relation to an exempt advanced therapy medicinal product.
Licence conditions for exempt advanced therapy medicinal products
3
1
The requirements in Schedule 1 have effect as provisions of any manufacturer’s licence insofar as such a licence relates to an exempt advanced therapy medicinal product.
2
The standard provisions, for the purposes of Part II of the Act, for manufacturer’s licences insofar as those licences relate to exempt advanced therapy medicinal products are set out in Schedule 2.
3
The requirements in Schedule 3 have effect as provisions of any wholesale dealer’s licence insofar as such a licence relates to an exempt advanced therapy medicinal product.
4
The standard provisions, for the purposes of Part II of the Act, for wholesale dealer’s licences insofar as those licences relate to exempt advanced therapy medicinal products are set out in Schedule 4.
Traceability
4
1
A person who treats a patient with an advanced therapy medicinal product commits an offence if there is no system in place for patient and product traceability in relation to such treatment containing sufficient detail to enable the linking of the product to the patient who received it and vice versa.
2
A person who treats a patient with an advanced therapy medicinal product commits an offence if the treatment involves a product which contains human cells or tissues, the traceability system referred to in paragraph (1) is not complementary to, and compatible with, the requirements laid down in —
a
Articles 8 and 14 of Directive 2004/23/EC as regards human cells and tissues other than blood cells, and
b
Articles 14 and 24 of Directive 2002/98/EC as regards blood cells.
3
It is a defence to an offence under paragraph (1) or, as the case may be, paragraph (2) if the person who treats a patient was assured in writing before the treatment was given that a system of traceability as described in paragraph (1) or, as the case may be, paragraph (2) was in place in relation to the treatment given by that person.
4
It is an offence for a person to give an assurance in writing to a person (“P”) who treats a patient with an advanced therapy medicinal product that a system of traceability as described in paragraph (1) or paragraph (2) is in place in relation to treatment with an advanced therapy medicinal product given by P if no such system is in place.
5
Any person guilty of an offence under paragraph (1), (2) or (4) shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Traceability in the event of bankruptcy or liquidation of holder of manufacturer’s licence for exempt ATMP
5
Paragraphs 13C , 14 and 17 of Schedule 3 (offences, penalties etc. ) to the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 apply to the holder of a manufacturer’s licence in respect of an exempt advanced therapy medicinal product as though in paragraph 13C —
a
the reference to the holder of a marketing authorisation were a reference to the holder of a manufacturer’s licence relating to an exempt advanced therapy medicinal product; and
b
the reference to the European Medicines Agency established by Regulation (EC) No. 726/2004 were a reference to the licensing authority.
Amendment of the Medicines (Standard Provisions for Licences and Certificates) Regulations 1971
6
In the Medicines (Standard Provisions for Licences and Certificates) Regulations 1971 —
a
after regulation 1A (veterinary medicinal products), insert —
Advanced therapy medicinal products which are not relevant medicinal products
1B
1
These Regulations do not apply in relation to exempt advanced therapy medicinal products.
2
In this regulation —
a
“advanced therapy medicinal product” has the meaning that expression bears in paragraph 1(a) of Article 2 of Regulation (EC) No 1394/2007 of the European Parliament and of the Council on advanced therapy medicinal products; and
b
“an exempt advanced therapy medicinal product” means a product of the kind described in Article 3.7 of the 2001 Directive .
; and
b
in regulation 2 (interpretation) for the definition of “the 2001 Directive” substitute —
“the 2001 Directive” means Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicines for human use, as amended by —
Directive 2002/98/EC of the European Parliament and of the Council of 27 January 2003 setting standards of quality and safety for the collection, testing, processing, storage and distribution of human blood and blood components,
Commission Directive 2003/63/EC amending Directive 2001/83/EC on the Community code relating to medicinal products for human use,
Directive 2004/24/EC of the European Parliament and of the Council amending, as regards traditional herbal medicinal products Directive 2001/83/EC on the Community code relating to medicinal products for human use,
Directive 2004/27/EC of the European Parliament and of the Council amending Directive 2001/83/EC on the Community code relating to medicinal products for human use,
Regulation (EC) No 1901/2006 of the European Parliament and of the Council of 12 December 2006,
Regulation (EC) No 1394/2007 of the European Parliament and of the Council of 13 November 2007,
Directive 2008/29/EC of the European Parliament and of the Council of 11 March 2008,
Directive 2009/53/EC of the European Parliament and of the Council of 18 June 2009, and
Commission Directive 2009/120/EC of 14 September 2009;
.
Amendment of the Medicines (Applications for Manufacturer’s and Wholesale Dealer’s Licences) Regulations 1971
7
1
The Medicines (Applications for Manufacturer’s and Wholesale Dealer’s Licences) Regulations 1971 are amended in accordance with the following paragraphs.
2
In regulation 2(1) (interpretation) —
a
after the definition of “the Act”, insert —
“advanced therapy medicinal product” has the meaning that expression bears in paragraph 1(a) of Article 2 of Regulation (EC) No 1394/2007 of the European Parliament and of the Council on advanced therapy medicinal products;
;
b
for the definition of “the 2001 Directive” substitute —
“the 2001 Directive” means Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicines for human use, as amended by —
Directive 2002/98/EC of the European Parliament and of the Council of 27 January 2003 setting standards of quality and safety for the collection, testing, processing, storage and distribution of human blood and blood components,
Commission Directive 2003/63/EC amending Directive 2001/83/EC on the Community code relating to medicinal products for human use,
Directive 2004/24/EC of the European Parliament and of the Council amending, as regards traditional herbal medicinal products Directive 2001/83/EC on the Community code relating to medicinal products for human use,
Directive 2004/27/EC of the European Parliament and of the Council amending Directive 2001/83/EC on the Community code relating to medicinal products for human use,
Regulation (EC) No 1901/2006 of the European Parliament and of the Council of 12 December 2006,
Regulation (EC) No 1394/2007 of the European Parliament and of the Council of 13 November 2007,
Directive 2008/29/EC of the European Parliament and of the Council of 11 March 2008,
Directive 2009/53/EC of the European Parliament and of the Council of 18 June 2009, and
Commission Directive 2009/120/EC of 14 September 2009;
;
c
after the definition of “the 2001 Directive”, insert the following definition —
“exempt advanced therapy medicinal product” means a product of the kind described in Article 3.7 of the 2001 Directive;
.
3
In Schedule 1 (particulars required on an application for the grant of a manufacturer’s licence), add after paragraph 10 —
11
Where the application relates to an exempt advanced therapy medicinal product, an outline of the arrangements for maintaining records to allow product traceability containing sufficient detail to enable the linking of a product to the patient who received it and vice versa.
.
Amendment of the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994
8
The Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 are amended in accordance with Schedule 5.
Amendment of the Medicines for Human Use (Clinical Trials) Regulations 2004
9
1
The Medicines for Human Use (Clinical Trials) Regulations 2004 are amended in accordance with the following paragraphs.
2
In regulation 15(10) (ethics committee opinion) —
a
in the definition of “the specified period”, in sub-paragraph (a), after “genetically modified organism” insert “or a tissue engineered product”; and
b
for the definition of “specialist group or committee” substitute —
“specialist group or committee” means a group or committee whose functions include the provision of advice on ethical or scientific issues in relation to —
tissue engineered products;
in the case of medicinal products for gene therapy or somatic cell therapy, the use of such therapies in the treatment of humans; or
in the case of medicinal products containing genetically modified organisms, the administration of such products to humans.
.
3
In regulation 19 (authorisation procedure for clinical trials involving medicinal products for gene therapy etc.), for paragraph (1) substitute —
1
This regulation applies to clinical trials involving —
a
medicinal products for gene therapy and somatic cell therapy, including xenogenic cell therapy;
b
medicinal products containing genetically modified organisms; or
c
tissue engineered products.
.
4
In paragraph 8(4) of Schedule 2 (co-opting members to the Gene Therapy Advisory Committee), for “Paragraph (3)” substitute “Sub-paragraph (3)”.
Amendment of the Medicines for Human Use (Manufacturing, Wholesale Dealing and Miscellaneous Amendments) Regulations 2005
10
In the Medicines for Human Use (Manufacturing, Wholesale Dealing and Miscellaneous Amendments) Regulations 2005 —
a
in regulation 1(2) (citation, commencement and interpretation), for the definition of “relevant medicinal product” substitute —
“relevant medicinal product” means a medicinal product for human use to which the provisions of the Directive apply other than an advanced therapy medicinal product within the meaning that expression bears in paragraph 1(a) of Article 2 of Regulation (EC) No 1394/2007 of the European Parliament and of the Council on advanced therapy medicinal products;
; and
b
in —
i
paragraph 7(8) of Schedule 2 (standard provisions which may be incorporated in a manufacturer’s licence relating to the import of relevant medicinal products from a third country); and
ii
paragraph 3(8) of Schedule 4 (standard provisions which may be incorporated in a wholesale dealer’s licence),
delete “, price list”.
Signed by authority of the Secretary of State for Health.
Earl Howe
Parliamentary Under-Secretary of State,
Department of Health
21st July 2010
Andrew McCormick
Permanent Secretary, Department of Health, Social Services and Public Safety
21st July 2010


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Toys (Safety) (Amendment) Regulations 2010.
2
These Regulations come into force on 27th August 2010 except for regulation 3 which comes into force on 1st December 2010.
3
In these Regulations “the 1995 Regulations ” means the Toys (Safety) Regulations 1995 .
Amendments to the 1995 Regulations taking effect on 27th August 2010
2
1
The 1995 Regulations are amended as follows.
2
In regulation 3(1) (interpretation), in the definition of “the Toys Directive”, after “Council Directive 93/68/ EEC ” insert “and by paragraph 1 of Article 2 of Council Directive 2008/112/ EC of the European Parliament and of the Council of 16 December 2008 amending Council Directives 76/768/EEC , 88/378/EEC , 1999/13/EC and Directives 2000/53/EC , 2002/96/EC and 2004/42/EC of the European Parliament and of the Council in order to adapt them to Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures ”.
3
For “preparation” and “preparations” wherever they appear in the following provisions (including any heading to those provisions) substitute “mixture” and “mixtures” respectively —
a
Schedule 2 (essential safety requirements for toys), Part II (particular risks), sub-paragraphs (b) and (d) of paragraph 2 (flammability) and sub-paragraphs 1 and 3 of paragraph 3 (chemical properties);
b
Schedule 4 (warnings and indications of precautions to be taken when using toys), paragraph 4 (toys containing inherently dangerous substances or preparations; chemical toys).
Amendments to the 1995 Regulations taking effect on 1st December 2010
3
1
The 1995 Regulations (as amended by regulation 2) are amended as follows.
2
In regulation 3(1) (interpretation), in the definition of “the Toys Directive”, for “paragraph 1 of Article 2” substitute “paragraphs 1, 2, 4 and 6 of Article 2”.
3
In Schedule 2 (essential safety requirements for toys), Part II (particular risks) —
a
for sub-paragraph (b) of paragraph 2 (flammability) substitute —
b
Toys must not contain, as such, substances or mixtures which may become flammable due to the loss of non-flammable volatile components if, for reasons essential to their functioning, in particular materials and equipment for chemistry experiments, model assembly, plastic or ceramic moulding, enamelling, photography or similar activities, such toys contain mixtures which are dangerous as defined in Directive 67/548/EEC or substances fulfilling the criteria for any of the following hazard classes or categories set out in Annex I to Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures :
i
hazard classes 2.1 to 2.4, 2.6 and 2.7, 2.8 types A and B, 2.9, 2.10, 2.12, 2.13 categories 1 and 2, 2.14 categories 1 and 2, 2.15 types A to F;
ii
hazard classes 3.1 to 3.6, 3.7 adverse effects on sexual function and fertility or on development, 3.8 effects other than narcotic effects, 3.9 and 3.10;
iii
hazard class 4.1;
iv
hazard class 5.1.
;
b
for the first paragraph of sub-paragraph 3 of paragraph 3 (chemical properties) substitute —
Toys must not contain mixtures which are dangerous within the meaning of Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations or substances fulfilling the criteria for any of the following hazard classes or categories set out in Annex I to Regulation (EC) No 1272/2008 :
a
hazard classes 2.1 to 2.4, 2.6 and 2.7, 2.8 types A and B, 2.9, 2.10, 2.12, 2.13 categories 1 and 2, 2.14 categories 1 and 2, 2.15 types A to F;
b
hazard classes 3.1 to 3.6, 3.7 adverse effects on sexual function and fertility or on development, 3.8 effects other than narcotic effects, 3.9 and 3.10;
c
hazard class 4.1;
d
hazard class 5.1,
in amounts which may harm the health of children using them. In any event it is strictly forbidden to include, in a toy, such substances or mixtures if they are intended to be used as such while the toy is being used.
.
4
In Schedule 4 (warnings and indications of precautions to be taken when using toys), for sub-paragraph (a) of paragraph 4 (toys containing inherently dangerous substances or mixtures; chemical toys) substitute —
a
Without prejudice to the application of the provisions laid down in Regulation (EC) No 1272/2008 , the instructions for use of toys containing mixtures which are inherently dangerous or substances fulfilling the criteria for any of the following hazard classes or categories set out in Annex I to Regulation (EC) No 1272/2008 :
i
hazard classes 2.1 to 2.4, 2.6 and 2.7, 2.8 types A and B, 2.9, 2.10, 2.12, 2.13 categories 1 and 2, 2.14 categories 1 and 2, 2.15 types A to F;
ii
hazard classes 3.1 to 3.6, 3.7 adverse effects on sexual function and fertility or on development, 3.8 effects other than narcotic effects, 3.9 and 3.10;
iii
hazard class 4.1;
iv
hazard class 5.1;
shall bear a warning of the hazardous nature of these substances or mixtures and an indication of the precautions to be taken by the user in order to avoid hazards associated with them, which shall be specified concisely according to the type of toy. The first aid to be given in the event of serious accidents resulting from the use of this type of toy shall also be mentioned. It shall also be stated that the toys must be kept out of reach of very young children.
.
Edward Davey
Minister for Employment Relations, Consumer and Postal Affairs
Department for Business, Innovation and Skills
25th July 2010


text:
Citation, commencement, interpretation and application
1
1
This Order may be cited as the Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2010 and comes into force on 1st February 2011.
2
In this Order, “the Principal Order ” means the Road Safety (Financial Penalty Deposit) (Appropriate Amount) Order 2009 .
3
This Order applies in relation to an offence, alleged to have been committed on or after 1st February 2011.
Amendment of the Principal Order
2
1
Schedule 1 to the Principal Order is amended as follows.
2
In Part 1, in table 5 (Road Traffic Act 1988), in column 3 of the entries relating to sections 14(3), 15(2) and 15(4), for “£30” substitute “£60”.
3
In Part 1, in table 7 (Vehicles Excise and Registration Act 1994) —
a
in column 3 of the entries relating to sections 42(1) and 43(1), for “£30” substitute “£60”; and
b
after the entry relating to section 43(1) of the Vehicle Excise and Registration Act 1994, insert —
3. Section 59(1)
Failure to fix prescribed registration mark to a vehicle in accordance with regulations made under section 23(4) of the Act £60
3
In table 4 (section 41A Road Traffic Act 1988) of Schedule 2 to the Principal Order, for “Contravention of regulation 27(1)(g)” substitute “contravention, except in the case of a motor cycle, of regulation 27(1)(g)”.
Signed on behalf of the Secretary of State for Transport
Mike Penning
Parliamentary Under Secretary of State
Department for Transport
20th December 2010


text:
Title and commencement
1
These Regulations may be cited as the Food Irradiation (England) (Amendment) Regulations 2010 and come into force on 20th October 2010.
Amendment of the Food Irradiation (England) Regulations 2009
2
The Food Irradiation (England) Regulations 2009 are amended in accordance with regulations 3 to 5.
3
In Schedule 2 (licences) for sub-paragraph (1)(b) of paragraph 9 of Part 3 (requirements and prohibitions to be observed by a licensee) there is substituted the following sub-paragraph —
b
its batch number;
.
4
For Schedule 3 (list of approved facilities in member States) there is substituted the Schedule set out in Schedule 1.
5
For Schedule 4 (list of facilities in a country outside the European Community) there is substituted the Schedule set out in Schedule 2.
Signed by authority of the Secretary of State for Health.
Anne Milton
Parliamentary Under-Secretary of State,
Department of Health
19th September 2010


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Inheritance Tax (Qualifying Non-UK Pension Schemes) Regulations 2010 and shall come into force on 15th February 2010.
2
These Regulations shall have effect from 6th April 2006.
Interpretation
2
In these Regulations —
“pension rule 1” means pension rule 1 in section 165 of the Finance Act 2004 ;
“relevant scheme funds” means any sums and assets held under a pension scheme —
to which these Regulations apply, and
which would be subject to inheritance tax if the scheme did not meet the requirements for a qualifying non-UK pension scheme.
Scope of these Regulations
3
These Regulations apply to pension schemes which are established in a country or territory outside the United Kingdom.
Requirements for qualifying non-UK pension schemes
4
1
For the purposes of section 271A of the Inheritance Tax Act 1984 (qualifying non-UK pension scheme) a pension scheme must —
a
be recognised for tax purposes under the tax legislation of the country or territory in which it is established (see regulation 5) and satisfy regulation 6; or
b
be established by an international organisation for the purpose of providing benefits for, or in respect of, past service as an employee of the organisation and satisfy regulation 7.
2
In this regulation “international organisation” means an organisation to which section 1 of the International Organisations Act 1968 applies by virtue of an Order in Council under subsection (1) of that section.
Recognition for tax purposes
5
1
A scheme is recognised for tax purposes under the tax legislation of a country or territory in which it is established if it meets both Primary Condition 1 and Primary Condition 2 and either Condition A or Condition B.
Primary Condition 1
The scheme is open to persons resident in the country or territory in which it is established.
Primary Condition 2
The scheme is established in a country or territory where there is a system of taxation of personal income under which tax relief is available in respect of pensions and —
a
tax relief is not available to the member on contributions made to the scheme by the member or, if the member is an employee, by their employer, in respect of earnings to which benefits under the scheme relate;
b
the scheme is liable to taxation on its income and gains and is of a kind specified in the Schedule to these Regulations; or
c
all or most of the benefits paid by the scheme to members who are not in serious ill-health are subject to taxation.
For the purposes of this condition “tax relief” includes the grant of an exemption from tax.
Condition A
2
The scheme is approved or recognised by, or registered with, the relevant tax authorities as a pension scheme in the country or territory in which it is established.
Condition B
3
If no system applies for the approval or recognition by, or registration with, relevant tax authorities of pension schemes in the country or territory in which it is established —
a
the scheme must be resident there;
b
the scheme rules must provide that at least 70% of a member’s relevant scheme funds will be designated by the scheme manager for the purpose of providing the member with an income for life, or, in the case of a member who has died, so provided immediately before the member’s death; and
c
the pension benefits payable to the member under the scheme (and any lump sum associated with those benefits) must be payable no earlier than they would be if pension rule 1 applied.
Requirements for schemes recognised for tax purposes
6
1
This regulation is satisfied if paragraph (2), (3) or (4) applies.
2
This paragraph applies if the scheme is an occupational pension scheme and there is a body in the country or territory in which it is established —
a
which regulates occupational pension schemes; and
b
which regulates the scheme in question.
3
This paragraph applies if the scheme is not an occupational scheme and there is a body in the country or territory in which it is established —
a
which regulates pension schemes other than occupational pension schemes; and
b
which regulates the scheme in question.
4
This paragraph applies if neither paragraph (2) nor (3) applies by reason only that no such regulatory body exists in the country or territory and —
a
the scheme is established in another member State, Norway, Iceland or Liechtenstein; or
b
the scheme is one where —
i
the scheme rules provide that at least 70% of a member’s relevant scheme funds will be designated by the scheme manager for the purpose of providing the member with an income for life, or, in the case of a member who has died, so provided immediately before the member’s death, and
ii
the pension benefits payable to the member under the scheme (and any lump sum associated with those benefits) are payable no earlier than they would be if pension rule 1 applied.
5
In this regulation “occupational pension scheme” has the meaning given by section 150(5) of the Finance Act 2004.
Requirements for schemes established by international organisations
7
This regulation is satisfied if —
a
the scheme rules provide that at least 70% of a member’s relevant scheme funds will be designated by the scheme manager for the purpose of providing the member with an income for life, or, in the case of a member who has died, so provided immediately before the member’s death, and
b
the pension benefits payable to the member under the scheme (and any lump sum associated with those benefits) are payable no earlier than they would be if pension rule 1 applied.
Steve Lamey
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
12th January 2010


text:
Citation
1
This Order may be cited as the Saving Gateway Accounts Act 2009 (Revocation of Commencement) Order 2010.
Revocation
2
The Saving Gateway Accounts Act 2009 (Commencement No. 2) Order 2010 is revoked.
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd June 2010


text:
Citation
1
This Order may be cited as the Mortgage Repossessions (Protection of Tenants etc) Act 2010 (Commencement) Order 2010.
Commencement
2
The Mortgage Repossessions (Protection of Tenants etc) Act 2010 (apart from section 4) comes into force —
a
for the purpose of enabling the Secretary of State to make regulations under section 2, on the day after the day on which this Order is made; and
b
on 1st October 2010 for all other purposes.
Signed by authority of the Secretary of State for Communities and Local Government
Grant Shapps
Minister of State
Department for Communities and Local Government
29th June 2010


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Police Act 1997 (Criminal Records) (Amendment) Regulations 2010 and shall come into force on 1st April 2010.
2
In these Regulations —
“the 2002 Regulations ” mean the Police Act 1997 (Criminal Records) Regulations 2002 ; and
“the “ 2009 Regulations ” mean the Police Act 1997 (Criminal Records) ( No. 2) Regulations 2009 .
3
These Regulations extend to England and Wales.
Amendment of regulation 5A of the 2002 Regulations
2
1
Regulation 5A of the 2002 Regulations (enhanced criminal record certificates: prescribed purposes) is amended as follows.
2
After sub-paragraph (a) insert —
aa
considering the applicant’s suitability for any work which is a controlled activity relating to children within the meaning of section 21 of the Safeguarding Vulnerable Groups Act 2006 ;
.
3
After sub-paragraph (ba) insert —
bb
considering the applicant’s suitability for any work which is a controlled activity relating to vulnerable adults within the meaning of section 22 of the Safeguarding Vulnerable Groups Act 2006;
.
4
In sub-paragraph (y) omit the “or” after the semi-colon.
5
After sub-paragraph (z) insert —
; or
za
considering the applicant’s suitability for work in a further education institution (within the meaning of section 140 of the Education Act 2002 ) where the normal duties of that work involve regular contact with persons aged under 18.
.
Amendment of regulation 5 of the 2009 Regulations
3
In regulation 5 of the 2009 Regulations —
a
after “(a)(ii),” insert “(aa),”; and
b
for “or (z)” substitute “, (z) or (za)”.
Amendment of regulation 6 of the 2009 Regulations
4
In regulation 6 of the 2009 Regulations —
a
after “(ba)(ii),” insert “(bb),”; and
b
for “or (z)” substitute “, (z) or (za)”.
Meg Hillier
Parliamentary Under-Secretary of State
Home Office
16th March 2010


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (Côte d’Ivoire Economic Partnership Agreement) Order 2010.
2
For the purposes of this Order, references to the “Agreement” are to the Stepping Stone Economic Partnership Agreement between Côte d’Ivoire, of the one part, and the European Community and its Member States, of the other part .
3
This Order shall come into force on the date on which the Agreement enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
4
The Agreement is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Children’s Trust Board (Children and Young People’s Plan) (England) (Revocation) Regulations 2010 and come into force on 31st October 2010.
Revocation
2
The Children’s Trust Board (Children and Young People’s Plan) (England) Regulations 2010 are revoked.
Tim Loughton
Parliamentary Under Secretary of State
Department for Education
24th August 2010


text:
Citation, commencement, extent and interpretation
1
These Rules may be cited as the Bank Insolvency (England and Wales) (Amendment) Rules 2010, shall come into force on 15th November 2010 and extend to England and Wales only.
2
In these Rules, “the 1986 Rules ” means the Insolvency Rules 1986 .
Amendments to the Bank Insolvency (England and Wales) Rules 2009
3
The Bank Insolvency (England and Wales) Rules 2009 are amended as follows.
4
In rule 3 —
a
in paragraph (2) —
i
in the definition of “the 1986 Rules”, after “1986” insert “including all the amendments to them up to and including those made by the Insolvency (Amendment) ( No. 2) Rules 2009 ”, and
ii
at the end of the definition of “sealed”, for the colon, substitute a semi colon;
b
in paragraph (8), for “a reference to Rule C as applied to Rule B”, substitute “a reference to Rule C as applied by Rule B”;
c
in paragraph (9), after the first “to”, insert “be”, and for “by these Rules” substitute “pursuant to these Rules”; and
d
in paragraph (10), for “the rules”, substitute “these Rules”.
5
In rule 5, in paragraph (1) —
a
for “Rule” substitute “rule”; and
b
for “the Insolvency Rules 1986”, substitute “the 1986 Rules”.
6
In the heading to rule 6, for “Limits”, substitute “limits”.
7
In rule 7, in paragraph (2)(c), for “those” substitute “the”.
8
In rule 10 —
a
in paragraph (1) —
i
for “send a sealed copy”, substitute “send 2 copies”, and
ii
in sub-paragraph (e), omit “on”; and
b
in paragraph (2), for “1” substitute “one” and after “the other”, insert “(a sealed copy)”.
9
In rule 11, in paragraph (3), for “should” substitute “shall” in each place where it occurs.
10
In rule 13, in paragraph (3), for “a copy of the advertisement”, substitute “a copy or”.
11
In rule 15 —
a
in paragraph (1), omit “or a director of the bank”; and
b
for paragraph (5), substitute —
5
The fact that the bank has not filed a statement under this rule shall not prevent it being heard at the hearing.
.
12
In rule 16 —
a
in paragraph (3), for “sealed copy ”, substitute “copy”;
b
in paragraph (5) —
i
for “a sealed copy”, substitute “2 copies”,
ii
at the end of sub-paragraph (a) omit “(electronically or otherwise), and”, and
iii
at the end of sub-paragraph (b), substitute a semicolon for the full stop and add —
c
if there is in force for the bank a voluntary arrangement under Part 1 of the 1986 Act, the supervisor of that arrangement; and
d
if an administrative receiver has been appointed in relation to the bank, that receiver,
in accordance with paragraph (5A);
;
c
after paragraph (5), insert —
5A
One copy shall be sent electronically as soon as practicable and the other (a sealed copy) shall be sent by first class post on the business day on which the order is served on the bank.
; and
d
for paragraph (6) substitute —
6
The bank liquidator —
a
shall cause notice of the order to be gazetted as soon as reasonably practicable; and
b
may advertise notice of the order in such other manner as the bank liquidator thinks fit.
.
13
In rule 18, in paragraphs (1), (3) and (4), for “will” substitute “shall”.
14
In rule 20, omit paragraph (1).
15
In rule 21, make the existing provision paragraph (1) and after it insert —
2
Unless the court otherwise directs, on receipt of the notification under paragraph (1) the provisional bank liquidator shall give notice of that appointment as soon as reasonably practicable. Such notice —
a
shall be gazetted; and
b
may be advertised in such other manner as the provisional bank liquidator thinks fit.
.
16
In rule 22 —
a
in paragraph (3), for “sealed copy”, substitute “copy”;
b
in paragraph (5) —
i
for “a sealed copy ”, substitute “2 copies”,
ii
in sub-paragraph (a), omit “(electronically or otherwise), and”,
iii
at the end of sub-paragraph (b), omit “and”, and
iv
at the end of sub-paragraph (c) substitute a semicolon for the full stop and add “and”; and
v
after sub-paragraph (c), add —
d
if there is in force for the bank a voluntary arrangement under Part 1 of the 1986 Act, the supervisor of that arrangement,
in accordance with paragraph (6).
; and
c
after paragraph (5), insert —
6
One copy shall be sent electronically as soon as practicable and the other (a sealed copy) shall be sent by first class post on the business day on which the order is served on the bank.
.
17
In rule 27 —
a
in paragraph (1), for “Bank of England”, substitute “bank liquidator”; and
b
omit paragraph (2).
18
In rule 28, after “1986 Rules.”, insert “For “official receiver” substitute “bank liquidator””.
19
In rule 29, in paragraph (1) and in inserted paragraph (1A) to rule 4.35 of the 1986 Rules, for “Bank of England” substitute “bank liquidator”.
20
In rule 31, for “Bank of England” substitute “bank liquidator”.
21
In rule 32, for “Bank of England” substitute “bank liquidator”.
22
In rule 33, for “Bank of England” substitute “bank liquidator”.
23
In rule 34 —
a
in paragraph (2), after “website”, insert “and the bank liquidator shall send a copy of it to any creditor or contributory on request . ”; and
b
in paragraph (3) —
i
in sub-paragraph (g)(i), for “debts of the creditors”, substitute “debts owed to the creditors”, and
ii
in sub-paragraph (l), for “purpose of the bank liquidation”, substitute “objectives of the bank liquidator”.
24
In rule 36, for “Bank of England” substitute “bank liquidator”.
25
In rule 37, after “1986 Rules.” insert “In paragraphs (2) and (3), for “official receiver” substitute “bank liquidator”.”.
26
In rule 38 —
a
in paragraph (1), after “1986 Rules.” add “For “official receiver” substitute “bank liquidator”.”; and
b
omit paragraphs (2) and (3).
27
In rule 39 —
a
in paragraph (1), after “1986 Rules.” add “For “official receiver” substitute “bank liquidator”.”; and
b
omit paragraphs (2) and (3).
28
In rule 40 —
a
after paragraph (2)(d), omit “and shall advertise” to the end; and
b
insert —
2A
The bank liquidator —
a
shall gazette the notice of the meetings as soon as reasonably practicable; and
b
may advertise it in such other manner as the bank liquidator thinks fit.
.
29
In rule 45 —
a
in paragraph (1)(a), for “re establish” substitute “re-establish”; and
b
in paragraph (2), for “on the request” substitute “at the request”.
30
In the heading to rule 60, for “affidavit”, substitute “witness statement”.
31
In rule 72 —
a
make the opening sentence into paragraph (1) and renumber the rest of the rule accordingly;
b
in renumbered paragraph (3), for “1”, substitute “one”;
c
in renumbered paragraph (4), for “paragraph (2)” substitute “paragraph 3”;
d
in renumbered paragraph (5), for “of this Rule” substitute “of this rule”; and
e
in renumbered paragraph (6), for “Rule” substitute “rule”.
32
In rule 73 —
a
for paragraph (2), substitute —
2
Rule 72 shall apply but, for the purpose of determining the sums due from the bank to the eligible depositor in respect of protected deposits under rule 72(3) —
a
where the total of sums held by the bank for the depositor in respect of protected deposits is no more than the amount prescribed as the maximum compensation payable in respect of protected deposits under Part 15 of the Financial Services and Markets Act 2000 (“the limit”), then paragraph (3) applies; and
b
where the sums exceed the limit, then paragraph (4) applies.
;
b
in paragraph (3) —
i
for “Where paragraph (2)(a) applies,” substitute “Where this paragraph applies”, and
ii
omit “eligible”;
c
in paragraph (4) —
i
for “Where paragraph (2)(b) applies,” substitute “Where this paragraph applies”;
ii
in sub-paragraph (a), for “that total” substitute “the total of sums due to the depositor”, and
iii
in paragraph (b) —
aa
for “eligible depositor” where it first occurs, insert “the depositor in respect of the protected deposits”, and
bb
for sub-paragraphs (i) and (ii), substitute —
i
the amount by which that total exceeds the limit, set off against the amounts due to the bank from the depositor in accordance with rule 72(3), and
ii
the sums held by the bank for the depositor in respect of protected deposits up to the limit.
;
d
in paragraph (5) —
i
for “set off”, substitute “set-off”, and
ii
at the end insert “in so far as they relate to protected deposits.”; and
e
for paragraph (6) substitute —
6
In this rule —
“eligible depositor” has the meaning given by section 93(3) of the 2009 Act;
“ FSA Rules ” means the FSA’s Compensation Sourcebook, as amended from time to time, made under section 213 of the Financial Services and Markets Act 2000 ; and
“protected deposit” means a protected deposit within the meaning given by FSA Rules.
.
33
In rule 83(1)(b), for “41 rules 44 and 45”, insert “41, 44 or 45”.
34
In rule 86, for paragraph (2) substitute —
2
The bank liquidator shall, after receiving the certificate of appointment, give notice of that appointment as soon as reasonably practicable. Such notice —
a
shall be gazetted; and
b
may be advertised in such other manner as the bank liquidator thinks fit.
.
35
In rule 87, in paragraph (2), in new paragraph (1B), after “in” insert “paragraph”.
36
In rule 88 —
a
in each of paragraphs (2), (4) and (5), for “will” substitute “shall”; and
b
for paragraph (3), substitute —
3
If the meeting resolves not to release the bank liquidator, the bank liquidator shall be given a copy of that resolution and rule 95 applies.
; and
c
in paragraph (5), for “his” substitute “that”.
37
In rule 90 —
1
in paragraph (4) —
a
for “In paragraph (4)”, substitute “For paragraph (4)”, and
b
in the substituted paragraph (4) to rule 4.113 of the 1986 Rules, for “will” in each place substitute “shall”.
2
In paragraph (5), in the substituted paragraph (5) to rule 4.113, for “his”, substitute “that”.
38
In rule 92, in the substituted paragraph (3) to rule 4.116 of the 1986 Rules, omit “, if a new” to the end, and substitute “to any new bank liquidator appointed”.
39
In rule 94, in paragraph (2), renumber the inserted paragraph (2A) to rule 4.119 of the 1986 Rules as paragraph (1A).
40
In rule 95, in paragraph (3), for “Bank Insolvency Rules 2009” substitute “2009 Rules”.
41
In rule 96, for paragraph (4), substitute —
4
The bank liquidator shall give notice to all creditors and contributories that the final report is available, either on request to the bank liquidator or at Companies House, and shall cause that notice to be gazetted (and may advertise the notice by such other method as the bank liquidator sees fit) at least 14 days before the final meeting is held.
.
42
In rule 97, for “Ignore the reference to rule 4.124” substitute “For “Rule 4.124 or 4.125” substitute “Rule 96 of the 2009 Rules””.
43
In rule 98, in paragraph (3), in the substituted paragraph (5) to rule 4.127 of the 1986 Rules, for “the remuneration of the bank liquidator fixed,” substitute “the terms on which the bank liquidator is to be remunerated determined”.
44
In rule 99, in paragraph (3), for “Schedule 1 to the Bank Insolvency Rules 2009” substitute “the Schedule to the 2009 Rules”.
45
In rule 100, in paragraph (3), for “Schedule 1 to the Bank Insolvency Rules 2009” substitute “the Schedule to the 2009 Rules”.
46
In rule 106 —
a
for paragraph (2), substitute —
2
Where a bank liquidator has been removed by a meeting of creditors, and no resolution has been passed by that meeting to appoint a new bank liquidator, the Bank of England shall appoint a new bank liquidator as soon as practicable.
;
b
in paragraph (3), for “the appointment document”, substitute “the certificate of appointment”;
c
in paragraph (4), for “appointment document” substitute “certificate of appointment”; and
d
omit paragraph (5).
47
In rule 114, omit “under rule 41”.
48
In rule 115, in paragraph (2), for the substituted paragraph (1) of rule 4.152 of the 1986 Rules, substitute —
1
Subject to rule 41(1) of the 2009 Rules and rule 4.154 as applied by rule 117 of the 2009 Rules, the liquidation committee shall consist of either 3 or 5 creditors of the bank, elected by the meeting of creditors held under rule 41 of the 2009 Rules.
.
49
In rule 116, omit the second sentence.
50
In rule 117, in the substituted paragraph (1) of rule 4.154 of the 1986 Rules, omit “Bank Insolvency”.
51
In rule 122, omit the second sentence.
52
In rule 133, in paragraph (2), in the substituted paragraph (4) of rule 4.171 of the 1986 Rules, for “Bank Insolvency Rules 2009” substitute “2009 Rules”.
53
In rule 154, for “he” substitute “the bank liquidator”.
54
In rule 159, omit “For Chapter” to the end.
55
In the heading to rule 161, before “liquidator” insert “bank”.
56
In the heading to rule 179, for “s” substitute “section”.
57
In the heading to rule 180, for “s” substitute “section”.
58
In rule 185, omit the second sentence.
59
In rule 188, after “under” insert “Part 2 of”.
60
In rule 189, add, after “1986 Rules.” “In paragraph (1), leave out from the second “and” to the end of the paragraph.”.
61
In rule 199, after “1986 Rules.” insert “In paragraph (2)(c)(iii), for “Rule 7.9(1)(b)” substitute “Rule 198(1) of the 2009 Rules””.
62
In rule 200, in paragraph (3), before “290” insert “251N,”.
63
In rule 205, before “or 366” insert “251N”.
64
In rule 209, for paragraph (8), substitute —
8
Rule 208 applies in respect of the file in any bank insolvency as it applies in respect of court records.
.
65
Omit rule 210.
66
In rule 217, after paragraph (4), insert —
5
Ignore paragraph (3A).
.
67
In rule 218, in paragraph (2), after “bankrupt or” insert “the debtor or”.
68
In rule 224, omit paragraph (4).
69
In rule 226, omit “the reference to the official receiver and”.
70
In rule 227, in paragraph (2), omit the first “and”.
71
In rule 229, omit “by personal service” to the end and substitute “to the address for service of the claimant or other person having carriage of the proceedings to be stayed”.
72
In rule 234, for paragraph (3), substitute —
3
In paragraph (4), for “chairman of the meeting” to “official receiver” substitute “chair of the meeting or the bank liquidator.”
.
73
In rule 238, omit paragraph (2).
74
For rule 240, substitute —
240
Apply rule 8.7 of the 1986 Rules. In paragraph (1) omit “of creditors or”.
.
75
In rule 244, after “Rules.” insert “In paragraph (4), omit “or 366”.”.
76
In rule 260, at the end of paragraph (1), for the semi colon, substitute a full stop.
77
In rule 261 —
a
in paragraph (1), for “objective 1” substitute “Objective 1”, and
b
in paragraph (2), for “Prescribed Part” substitute “prescribed part” each time it occurs.
78
In rule 264, in paragraph (2), for the substituted paragraph (3) of rule 12.4A of the 1986 Rules substitute —
3
For the purposes of this rule the reference to creditors or contributories necessary to constitute a quorum is to those persons present or represented by proxy by any person (including the chair) including, in the case of contributories, persons duly represented under section 323 of the 2006 Act.
.
79
In rule 266, omit the second sentence.
80
In rule 271, in paragraph (2)(b), for “ CPR Rules 6.41 to 6.4” substitute “CPR Rules 6.40(3) to 6.46”.
81
In rule 281, omit the second sentence.
82
In rule 285, insert, after “1986 Rules.”, “In paragraph (3), leave out from “except” to the end of the paragraph.”.
83
In rule 292, in paragraph (4), for “Bank Insolvency Rules 2009” substitute “2009 Rules”.
84
In the first line of the Schedule, for “schedules”, substitute “Schedules”.
Kenneth Clarke, C
Lord Chancellor
20th October 2010
We concur
James Duddridge
Michael Fabricant
Two of the Lords Commissioners of Her Majesty’s Treasury
21st October 2010
I concur
Sir Andrew Morritt
The Chancellor of the High Court
7th September 2010


text:
Citation
1
This Order may be cited as the Up-rating of Basic Pension etc. (Designated Tax Year) Order 2010.
Designated tax year
2
The designated tax year for the purposes of subsection (3) of section 5 (up-rating of basic pension etc. and standard minimum guarantee by reference to earnings) of the Pensions Act 2007 is the tax year 2010-11.
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State
Department for Work and Pensions
26th October 2010


text:
Citation and commencement
1
1
This Order may be cited as the North Western Inshore Fisheries and Conservation Order 2010.
2
This Order comes into force on 1st October 2010.
Interpretation
2
1
In this Order —
“the Marine Act ” means the Marine and Coastal Access Act 2009;
“additional member” is to be read in accordance with article 5(2)(c) ;
“ the Authority ” means the North Western Inshore Fisheries and Conservation Authority (see article 4 );
“chair” means the chair of the Authority (see article 7 );
“council member” is to be read in accordance with article 5(2)(a) ;
“the district” is to be read in accordance with article 3(1) ;
“general member” is to be read in accordance with article 5(2)(b) ;
“relevant appointing body”, in relation to a person, means the body that appointed the person as a member of the Authority;
“relevant council” is to be read in accordance with article 3(3) ;
“vice-chair” is to be read in accordance with article 14 (1).
2
Expressions used in this Order and in Chapter 1 of Part 6 of the Marine Act have the same meaning in this Order as they have in that Chapter.
The North Western Inshore Fisheries and Conservation District
3
1
There is to be an inshore fisheries and conservation district known as the North Western Inshore Fisheries and Conservation District (“the district”).
2
The district is the area that consists of —
a
the combined areas of the relevant councils (the “basic area” of the district); and
b
the adjacent area of sea (see paragraph (4) ).
3
The “relevant councils” are —
Blackpool Borough Council;
Cheshire West and Chester Council;
Cumbria County Council;
Halton Borough Council;
Lancashire County Council;
Liverpool City Council;
Sefton Council;
Wirral Metropolitan Borough Council.
4
The “adjacent area of sea” is so much of the sea adjacent to the basic area of the district as lies —
a
within the boundaries specified in paragraph (5) ; and
b
to a distance of 6 nautical miles from the 1983 baselines .
5
Those boundaries are —
a
a loxodromic line joining the co-ordinates numbered 1 to 15 in Part 1 of the Table in the Schedule; and
b
a loxodromic line joining the co-ordinates numbered 1 to 7 in Part 2 of that Table.
6
In this article —
a
“the 1983 baselines” means the baselines for the measurement of the breadth of the territorial sea of the United Kingdom as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964 ;
b
“ co-ordinate ” means a co-ordinate of latitude and longitude on the World Geodetic System 1984; and
c
“ nautical mile ” means an international nautical mile of 1,852 metres.
The North Western Inshore Fisheries and Conservation Authority
4
The inshore fisheries and conservation authority for the district is to be known as the North Western Inshore Fisheries and Conservation Authority.
Membership of the Authority
5
1
The Authority is to consist of 30 members.
2
Of those 30 members —
a
10 (the “council members”) must be members of relevant councils and must be appointed in accordance with paragraph (3) ;
b
18 (the “general members”) must be persons appointed by the MMO , and must include at least one employee of the MMO; and
c
2 (the “additional members”) must be appointed in accordance with paragraph (4) .
3
The number of council members to be appointed by each relevant council is as follows —
Relevant council Number of members
Blackpool Borough Council 1 Cheshire West and Chester Council 1 Cumbria County Council 2 Halton Borough Council 1 Lancashire County Council 2 Liverpool City Council 1 Sefton Council 1 Wirral Metropolitan Borough Council 1
4
One of the additional members is to be appointed by the Environment Agency and the other is to be appointed by Natural England.
Terms of appointment
6
1
A person appointed as a member of the Authority holds and vacates office in accordance with the terms of the appointment.
2
The terms of appointment of a member are such as the body making the appointment determines.
3
Paragraph (1) is subject to articles 9 to 11 .
Appointment of Chair
7
1
The Authority must appoint from among its members a person to be the chair of the Authority.
2
Paragraph (1) is subject to articles 8(6) and 14(5) (eligibility for re-appointment).
3
The Authority must appoint the chair at the first meeting of the Authority held after the beginning of each financial year.
4
The chair holds office for the period beginning with the meeting at which the chair is appointed and ending with the first meeting of the Authority held after the beginning of the following financial year, but this is subject to articles 8 to 11 .
Removal of Chair
8
1
The Authority may remove a person from the office of chair if the condition in paragraph (2) is met.
2
The condition is that the Authority considers that the person is failing, or has failed, to discharge the duties of the chair in accordance with the requirements of —
a
the Marine Act;
b
this Order; or
c
any standing orders made by the Authority.
3
If a person is removed from the office of chair under this article, the Authority must appoint another person from among its members to the office of chair.
4
Paragraph (3) is subject to paragraph (6) and article 14(5) .
5
The person so appointed —
a
takes office on being appointed; and
b
holds office for the remainder of the period specified in article 7(4) ,
but paragraph (b) is subject to the further application of this article and to articles 9 to 11 .
6
A person who has been removed from the office of chair under this article is not eligible to be re-appointed as chair.
Resignation from office
9
1
A person may resign as a member of the Authority by giving notice in writing to —
a
the Authority; and
b
the relevant appointing body.
2
A person appointed as chair may resign from the office of chair by giving notice in writing to the Authority.
3
The Authority must appoint a person from among its members to the office of chair where —
a
a person who resigns as a member is the chair; or
b
a person appointed as chair resigns from the office of chair.
4
Paragraph (3) is subject to articles 8(6) and 14(5) .
5
The person so appointed —
a
takes office on being appointed; and
b
holds office for the remainder of the period specified in article 7(4) ,
but paragraph (b) is subject to the further application of this article and to articles 8 , 10 and 11 .
Suspension of membership
10
1
The Authority or the relevant appointing body may suspend the appointment of any member against whom criminal proceedings are commenced.
2
Where —
a
the member is acquitted of the offence; or
b
the proceedings are discontinued or withdrawn,
the suspension ends on the acquittal, discontinuance or withdrawal.
3
If the member is the chair, the member is also suspended as chair for the period of the suspension of membership.
4
A council member whose membership of the relevant appointing body is suspended is, for the period of that suspension, also suspended —
a
as a member of the Authority; and
b
if the council member is the chair, as chair.
Termination of membership
11
1
A person’s appointment as a member of the Authority ceases in any of the following circumstances —
a
the person is convicted of an offence under fisheries legislation, nature conservation legislation or marine licensing legislation;
b
a monetary penalty is imposed on the person under fisheries legislation, nature conservation legislation or marine licensing legislation;
c
the person is a council member and ceases to be a member of the relevant council that appointed the person as a member.
2
The Authority may terminate the appointment of a person as a member if the person is convicted of a criminal offence other than one under fisheries legislation, nature conservation legislation or marine licensing legislation.
3
The Authority must appoint a person from among its members to the office of chair where —
a
a person whose membership ceases under this article is the chair; or
b
a person whose membership ceases under the terms of the person’s appointment is the chair.
4
Paragraph (3) is subject to articles 8(6) and 14(5) .
5
The person so appointed —
a
takes office on being appointed; and
b
holds office for the remainder of the period specified in article 7(4) ,
but paragraph (b) is subject to the further application of this article and to articles 8 to 10 .
6
In this article —
a
“fisheries legislation” means enactments relating to sea or freshwater fishing;
b
“marine licensing legislation” means Part 4 of the Marine Act; and
c
“nature conservation legislation” means the enactments mentioned in section 237(2) of the Marine Act.
7
In paragraph (6) “enactment” includes an enactment contained in subordinate legislation.
Eligibility for appointment or re-appointment
12
A person is not eligible for appointment or re-appointment as a member of the Authority if —
a
the person has been convicted of a criminal offence; and
b
the conviction is not spent for the purposes of the Rehabilitation of Offenders Act 1974 .
Quorum and general procedure
13
1
A meeting of the Authority is quorate if —
a
8 or more members are present;
b
at least one of those members is a council member; and
c
at least one of those members is a general member.
2
The relevant councils may not make standing orders as respects the Authority under section 106 of the Local Government Act 1972 (standing orders with respect to proceedings).
Chairing of meetings
14
1
The Authority must appoint from among its members a person (the “vice-chair”) who is to chair any meeting of the Authority which the chair is unable to chair (but see paragraphs (4) and (5) ).
2
If neither the chair nor the vice-chair is able to chair a meeting of the Authority, the members present at the meeting must appoint one of their number to chair the meeting.
3
Articles 7(3) and (4) , 8(1) to (3) and (5) , 9(2), (3) and (5) , 10(3) and (4) and 11(3) and (5) apply to the vice-chair as they apply to the chair.
4
A person who has been removed from the office of chair under article 8 is not eligible to be appointed as vice-chair.
5
A person who has been removed from the office of vice-chair under article 8 is not eligible to be appointed as chair or re-appointed as vice-chair.
Expenses and allowances
15
1
The Authority may reimburse the expenses of its members incurred in connection with attending a meeting of the Authority or otherwise carrying out the functions of the Authority.
2
The Authority may pay to its members such allowances as it may determine.
3
In particular, the Authority may pay to a general member who is not an employee of the MMO an allowance in respect of a loss of earnings arising from that member’s attendance at a meeting of the Authority.
4
The Authority must determine, before the beginning of each financial year, the circumstances in which a member is eligible under this article for the reimbursement of expenses incurred in that year or the receipt of an allowance in respect of that year.
Expenses of the Authority
16
1
The expenses incurred by the Authority must be defrayed by the relevant councils in accordance with paragraph (2) .
2
The percentage of those expenses to be defrayed by each relevant council is as follows —
Relevant council Percentage
Blackpool Borough Council 1.65% Cheshire West and Chester Council 7.30% Cumbria County Council 40.94% Halton Borough Council 2.22% Lancashire County Council 33.14% Liverpool City Council 4.26% Sefton Council 5.09% Wirral Metropolitan Borough Council 5.40%
3
Before the consideration of any motion by virtue of subsection (4) of section 180 of the Marine Act to veto the total amount of expenses incurred by the Authority which is to be defrayed pursuant to that section, the Authority must give notice in writing of that motion to each council member.
Delegation of Authority’s functions
17
1
If the Authority considers it necessary or expedient for the exercise of its functions, it may authorise a sub-committee or any member or employee of the Authority to exercise any of the Authority’s functions.
2
A sub-committee may not include persons who are not members of the Authority.
3
Paragraph (1) does not prevent the Authority from exercising the function itself.
Validity of acts and proceedings
18
The validity of anything done by the Authority, or by any sub-committee of the Authority, is not affected by any of the following —
a
any vacancy in the office of chair or vice-chair;
b
any deficiency in the total number of members of the Authority or sub-committee;
c
any deficiency in the number of council members, general members or additional members;
d
any defect in a person’s appointment as the chair or vice-chair or as a member of the Authority or sub-committee.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
2nd September 2010


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) (Amendment) Regulations 2010 and come into force on 5th December 2010.
2
These Regulations do not extend to Northern Ireland.
Amendments to the Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations 2003
2
The Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations 2003 (“the 2003 Regulations ”) are amended by regulations 3 to 11.
Interpretation
3
Regulation 2(1) (interpretation) of the 2003 Regulations is amended as follows —
a
after the definition of “the Authority” insert —
“aerothermal energy” means energy stored in the form of heat in the ambient air;
;
b
for the definition of “biomass” substitute —
“biomass” means the biodegradable fraction of products, waste and residues of biological origin from agriculture (including vegetal and animal substances), forestry and related industries including fisheries and aquaculture, as well as the biodegradable fraction of industrial and municipal waste;
;
c
for the definition of “the Directive” substitute —
“the Directive” means Directive 2009/28/ EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC ;
;
d
after the definition of “electricity produced from renewable energy sources” insert —
“geothermal energy” means energy stored in the form of heat beneath the surface of solid earth;
;
e
after the definition of “Great Britain” insert —
“hydrothermal energy” means energy stored in the form of heat in surface water;
;
f
omit the definition of “levy exemption certificate”;
g
omit the definition of “nominated person”;
h
omit the definition of “Non-Fossil Fuel Order”;
i
omit the definition of “qualifying arrangement”;
j
for the definition of “recognise” substitute —
“recognise”, in relation to a guarantee of origin, means to recognise in accordance with Article 15(9) of the Directive as proof of the elements referred to in paragraph 1 and paragraph 6(a) to (f) of the Directive;
;
k
in the definition of “registered holder” for “paragraph 2(a) of Schedule 2” substitute “paragraph 1(l) of Schedule 2”;
l
for the definition of “renewable energy sources” substitute —
“renewable energy sources” means renewable non-fossil energy sources, that is, wind, solar, aerothermal, geothermal, hydrothermal and ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas and biogases;
;
m
omit the definition of “supply successor company”; and
n
after the definition of “storage system” insert —
“support scheme” means any instrument, scheme or mechanism that promotes the use of energy from renewable sources by reducing the cost of that energy, increasing the price at which it can be sold, or increasing the volume of such energy purchased.
.
Designation of the Authority
4
In regulation 3 of the 2003 Regulations (designation of the authority as the issuer of guarantees of origin), after “issued” insert “, transferred, cancelled and revoked”.
Request for issue of guarantees of origin
5
For regulation 4(1) of the 2003 Regulations (request for issue of guarantees of origin and information required) substitute —
1
The Authority shall issue guarantees of origin in response to a request from a producer of electricity from renewable energy sources.
.
Issue and transfer of guarantees of origin
6
In regulation 6(3) of the 2003 Regulations (issue and transfer of guarantees of origin), for all references to “kilowatt hour” substitute “megawatt hour”.
Guarantees of origin and the Register
7
In regulation 7(1)(a) of the 2003 Regulations (guarantees of origin and the register), for “may” substitute “shall”.
Cancellation of guarantees of origin
8
After regulation 7 of the 2003 Regulations (guarantees of origin and the Register) insert —
Cancellation of guarantees of origin
7A
1
Where a guarantee of origin is issued by the Authority in respect of electricity generated —
a
during a period of one month, that guarantee of origin shall be cancelled not more than 16 months after the end of that month; or
b
during a period of longer than one month, that guarantee of origin shall be cancelled not more than 16 months after the end of the first month during which the electricity to which it relates was generated.
2
Where a guarantee of origin has been cancelled under paragraph (1) or revoked under regulation 8(1) it shall no longer qualify as proof that the electricity to which it relates was produced from renewable energy sources.
.
Recognition of guarantees of origin
9
1
Regulation 9 of the 2003 Regulations (recognition of guarantees of origin) is amended as follows.
2
In paragraph (2) —
a
for “article 5(4)”, substitute “article 15(10)”; and
b
for “article 5(1)”, substitute “article 15(2)”.
3
For paragraph (3)(b) substitute —
b
if it is satisfied that there is good reason to doubt the accuracy, reliability or veracity of the guarantee of origin.
.
4
For paragraph (4)(b) substitute —
b
if it is satisfied that there is good reason to doubt the accuracy, reliability or veracity of the guarantee of origin.
.
5
After paragraph (6) insert —
7
Where a competent authority acting pursuant to Article 15(9) of the Directive refuses to recognise or withdraws recognition from a guarantee of origin issued by another Member State under paragraph (3) or (4) respectively, it shall notify the Commission of the European Union of its refusal or withdrawal and the justification for such refusal or withdrawal.
.
The 2003 Regulations: Schedule 1
10
For Schedule 1 to the 2003 Regulations (information to be provided under regulation 4(4) in a request for a guarantee of origin) substitute —
SCHEDULE 1
INFORMATION TO BE PROVIDED UNDER REGULATION 4(4) IN A REQUEST FOR A GUARANTEE OF ORIGIN
Regulation 4(4)
1
The name and address of the person requesting the issue of the guarantee of origin (if a body corporate, the registered or principal office) and, if a company, its registered number.
2
Where the person signing the statement required under regulation 4(5) is not the person making the request, the name and address of the person signing the statement.
3
Whether the person requesting the issue of the guarantee of origin is the producer of the electricity in respect of which the guarantee of origin is requested and, if not, the name and address of the producer (if a body corporate, the registered or principal office) and, if a company, its registered number.
4
The energy source from which the electricity (for which the guarantee of origin is requested) was produced.
5
The start and end dates of production of the electricity (for which the guarantee of origin is requested).
6
The name (if any), location, type and capacity of the installation where the electricity (for which the guarantee of origin is requested) was produced.
7
Whether and to what extent the installation specified in paragraph 6 has benefited from investment support through any support scheme and, if so, the name of the scheme.
8
Whether and to what extent the electricity for which the guarantee of origin is requested has benefited from any United Kingdom support scheme (other than any specified in response to paragraph 7) and, if so, the name of the scheme.
9
The date on which the installation specified in paragraph 6 became operational.
10
The quantity of electricity in respect of which the guarantee of origin is requested, together with the total quantity of electricity produced by the installation during the period referred to in paragraph 5.
11
Such further information or evidence as the Authority may, in the particular circumstances of the case, reasonably require for the purpose of ascertaining the accuracy of the information required to be provided under paragraphs 1 to 10 above or to enable it to be satisfied that any energy source specified in paragraph 4 is a renewable energy source.
.
The 2003 Regulations: Schedule 2
11
For Schedule 2 to the 2003 Regulations (information to be contained on the register) substitute —
SCHEDULE 2
INFORMATION TO BE CONTAINED ON THE REGISTER
Regulation 7(1)
Registered particulars
1
In relation to each guarantee of origin issued in accordance with regulation 6 —
a
the name and address of the person to whom the guarantee of origin has been, or was originally, issued (if a body corporate, the registered or principal office) and, if a company, its registered number;
b
the date that the guarantee of origin was issued;
c
the fact that the guarantee of origin was issued in the United Kingdom;
d
an identifier, which shall include the guarantee sequence number;
e
the energy source from which the electricity (for which the guarantee of origin is issued) was produced;
f
the start and end dates of production of the electricity (for which the guarantee of origin is issued);
g
the fact that the guarantee of origin relates to electricity (not heating or cooling);
h
the name (if any), location, type and capacity of the installation where the electricity (for which the guarantee of origin is issued) was produced;
i
whether and to what extent the installation specified in sub-paragraph (h) has benefited from investment support through any support scheme and, if so, the type of the scheme;
j
whether and to what extent the unit of energy has benefited from any United Kingdom support scheme other than any specified in relation to sub-paragraph (i) and, if so, the type of scheme;
k
the date on which the installation became operational;
l
where the guarantee of origin has been transferred in accordance with regulation 6(5), the name and address (if a body corporate, the registered or principal office) and, if a company, the registered number, of the last person to whom it has been transferred.
Other information
2
A list of guarantees of origin that have been —
a
cancelled under regulation 7A, including the dates of cancellation;
b
revoked under regulation 8, including the dates of revocation.
.
Transitionals
12
Nothing in these Regulations affects —
a
the issue and revocation of guarantees of origin issued before 5th December 2010, and anything which falls to be done or determined (whether by the Authority or some other person) in relation to such issue or revocation, under the 2003 Regulations;
b
any obligations or requirements relating to guarantees of origin issued before 5th December 2010, imposed on a producer of electricity from renewable energy sources or some other person in respect of those guarantees of origin, and anything which falls to be done or determined (whether by the producer or some other person) in relation to those guarantees of origin, under the 2003 Regulations;
c
any obligations and functions of the Authority in respect of guarantees of origin issued before 5th December 2010, and anything which falls to be done or determined (whether by the Authority or some other person) in relation to those guarantees of origin under the 2003 Regulations.
Charles Hendry
Minister of State,
Department of Energy and Climate Change
4th November 2010


text:
Citation
1
This Order may be cited as the Education and Skills Act 2008 (Commencement No. 6) Order 2010.
Provisions coming into force on 30th March 2010
2
The following provisions of the Education and Skills Act 2008 come into force on 30th March 2010 —
a
sections 142 (non-maintained special schools in England: interpretation), 143 (non-maintained special schools in England: right of sixth-form pupils to opt out of religious worship), 144 (non-maintained special schools in England: protection of pupils in an emergency) and 145 (non-maintained special schools in England: appeals);
b
paragraph 74 of Schedule 1 (minor and consequential amendments: Welfare Reform and Pensions Act 1999 and section 169(1) so far as relates to that paragraph;
c
schedule 2 (repeals and revocations) so far as it repeals the word ‘his’ in section 342(1) of the Education Act 1996 and section 169(2) so far as it relates to that repeal; and
d
section 154 (power of governing body in England: educational provision for improving behaviour) for the purpose of making regulations.
Provisions coming into force on 1st September 2010
3
Section 154 of the Education and Skills Act 2008, so far as not already in force, comes into force on 1st September 2010.
Vernon Coaker
Minister of State
Department for Children, Schools and Families
29th March 2010


text:
Citation
1
This Order may be cited as the Double Taxation Relief and International Tax Enforcement (Belgium) Order 2010.
Double taxation and international tax enforcement arrangements to have effect
2
It is declared that —
a
the arrangements specified in the Protocol set out in the Schedule to this Order, which vary the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Belgium) Order 1987 , have been made with the Government of the Kingdom of Belgium with a view to affording relief from double taxation in relation to income tax, corporation tax, capital gains tax, petroleum revenue tax and taxes of a similar character imposed by the laws of Belgium and for the purpose of assisting international tax enforcement;
b
it is expedient that the arrangements should have effect.
Judith Simpson
Clerk of the Privy Council


text:
Application, citation and commencement
1
These Regulations, which apply to England only, may be cited as the Non-Domestic Rating (Collection and Enforcement) (Local Lists) (England) (Amendment) (No.2) Regulations 2010 and shall come into force on 23rd July 2010 immediately after the coming into force of the Non-Domestic Rating (Small Business Rate Relief) (England) (Amendment) Order 2010 .
Amendment of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989
2
1
The Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 are amended as follows.
2
After regulation 6(1), insert —
1A
Where, as a result of the application of article 7 of the Non-Domestic Rating (Small Business Rate Relief) (England) Order 2004 and in accordance with that Order, there is any change to the amount which the ratepayer is liable to pay to the billing authority as regards the hereditament, the authority’s estimate under paragraph (1) of the amount payable shall take account of such change.
.
3
In regulation 7(1), after “the demand notice is issued”, insert “or paragraph (1A) applies”.
4
After regulation 7(1), insert —
1A
Unless an agreement under paragraph (3) in relation to the relevant year has been reached between the ratepayer and the billing authority before the demand notice is issued, where —
a
the chargeable financial year begins on 1st April 2011;
b
it appears to the billing authority that the estimate of the amount payable for that year would fall to be calculated by reference to section 43(4A) of the Act or by reference to the rules prescribed in regulation 10(6) of the Non-Domestic Rating (Chargeable Amounts) (England) Regulations 2009 ; and
c
the rateable value of the hereditament concerned is not more than £12,000,
a notice to which regulation 6(1) applies shall require the estimate of the amount payable to be paid in instalments in accordance with Schedule 1E.
.
5
In regulation 7(3), for “Schedule 1” substitute “Schedules 1 or 1E”.
6
In regulation 7(4), for “Schedule 1” substitute “Schedules 1 or 1E”.
7
In regulation 8(1) —
a
in sub-paragraph (b), for “Schedule 1” substitute “Schedules 1 or 1E”; and
b
in sub-paragraph (c), for “the Schedule” substitute “Schedules 1 or 1E”.
8
In regulation 8(8) —
a
after “paragraph 7B”, insert “or paragraph 7D”; and
b
after “Schedule 1”, insert “, or under paragraph 7 of that Schedule as modified by paragraph 5(3) of Schedule 1E,”.
9
In Schedule 1 —
a
in paragraph 7 —
i
in sub-paragraph (1), for “sub-paragraph (1A)”, substitute “sub-paragraphs (1A) and (1B)”; and
ii
after sub-paragraph (1A), insert —
1B
This paragraph does not apply in a case to which paragraph 7D applies.
.
b
After paragraph 7C, insert —
7D
1
This paragraph applies where —
a
the demand notice has been served on a ratepayer by a billing authority;
b
the year to which the demand notice relates is the chargeable financial year which began on 1st April 2010;
c
the authority’s estimate under regulation 6(1) for the purposes of the demand notice (“the original estimate”) was made before 1st October 2010;
d
the original estimate is, as a result of amendments made to the Non-Domestic Rating (Small Business Rate Relief) (England) Order 2004 which have effect on 1st October 2010 (“the Small Business Rate Relief Order changes”), shown to be false; and
e
the event mentioned in paragraph 6(1) has not occurred as regards the hereditament to which the demand notice relates.
2
The billing authority shall as soon as practicable —
a
adjust the instalments (if any) payable on or after the SBRR adjustment day (“the remaining instalments”) so that they accord with the amounts mentioned in sub-paragraph (5); and
b
serve a notice (“SBRR adjustment notice”) on the ratepayer which is to state —
i
the amount of the estimate mentioned in sub-paragraph (4) (“the new estimate”); and
ii
the amount of each remaining instalment.
3
An SBRR adjustment notice shall be served at least 14 clear days before the day on which an instalment falls to be paid under the demand notice.
4
The new estimate is the estimate of the billing authority of the revised amount payable for the financial year beginning on 1st April 2010 having regard to the Small Business Rate Relief Order changes.
5
The aggregate amount of the remaining instalments payable after the SBRR adjustment day shall be equal to the amount by which the new estimate exceeds the aggregate amount of the instalments payable under the demand notice before the SBRR adjustment day; and the amount of each remaining instalment shall be calculated in accordance with paragraphs 1(4) and (5) as if references in those provisions to the aggregate amount and to instalments were references to the aggregate amount of the remaining instalments and to the remaining instalments respectively.
6
Insofar as the aggregate of any amounts paid (by reference to the original estimate) before the SBRR adjustment day exceeds the amount of the new estimate, the amount of the excess —
a
shall be repaid if the ratepayer so requires;
b
in any other case, shall (as the billing authority determines) either be repaid or credited against any subsequent liability of the ratepayer to pay anything to the billing authority by way of non-domestic rate.
7
In this paragraph, “the SBRR adjustment day” means 1st October 2010.
8
An SBRR adjustment notice need not be given on a single sheet of paper but if more than one sheet is used, the sheets shall be issued together, whether or not attached, so as to comprise one notice.
.
10
After Schedule 1D, insert Schedule 1E as set out in the Schedule to these Regulations.
Modification of the Non-Domestic Rating Contributions (England) Regulations 1992
3
For the financial year beginning on 1st April 2010, regulation 6 (recalculation of provisional amounts) of the Non-Domestic Rating Contributions (England) Regulations 1992 shall have effect as if there were omitted paragraphs (2)(b), (4) and (5).
Signed by authority of the Secretary of State for Communities and Local Government
Bob Neill
Parliamentary Under Secretary of State
Department for Communities and Local Government
24th June 2010


text:
Citation and commencement
1
1
This Order may be cited as the Buckinghamshire Hospitals National Health Service Trust (Trust Funds: Appointment of Trustees) Revocation Order 2010 and shall come into force on 8th March 2010.
Revocation
2
The Buckinghamshire Hospitals National Health Service Trust (Trust Funds: Appointment of Trustees) Order 2010 is revoked.
Signed by authority of the Secretary of State for Health
Mike O’Brien
Minister of State,
Department of Health
22nd February 2010