text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (European Multilateral Clearing Facility N.V.) Regulations 2011 and come into force on 1st April 2011.
2
These Regulations have effect —
a
for the purposes of the charge to stamp duty, in relation to instruments executed on or after 1st April 2011;
b
for the purposes of the charge to stamp duty reserve tax —
i
in the case of agreements to transfer traded securities or options which are not conditional, in relation to agreements made on or after 1st April 2011;
ii
in the case of agreements to transfer traded securities or options which are conditional, in relation to agreements where the condition is satisfied on or after 1st April 2011.
Interpretation
2
In these Regulations —
“clearing participant” means a member of EMCF who as such is permitted by the Rules of EMCF to clear facility transactions and/or over the counter transactions;
“client” means a person who gives instructions to a non-clearing firm for traded securities or options to be sold in a facility transaction or an over the counter transaction;
“facility” means a recognised investment exchange within the meaning of sections 116(4)(b) and 117(3) of the Finance Act 1991;
“facility transaction” means a transaction in traded securities or options that is made on or reported to a recognised investment exchange;
“EMCF” means European Multilateral Clearing Facility N.V. ;
“nominee” means, save in relation to a non-clearing firm or its client (regulation 4(3)(b) and (e)), a person whose business is or includes holding traded securities or options as a nominee for EMCF, or another prescribed recognised clearing house, acting in its capacity as a person providing clearing services in connection with an over the counter transaction or a facility transaction, or as a nominee for a clearing participant;
“non-clearing firm” means a person other than a clearing participant who has an agreement with a clearing participant to clear over the counter transactions or facility transactions or both;
“option” means an option to buy or sell traded securities;
“over the counter transaction” means a transaction in traded securities or options made other than on a recognised investment exchange”;
“traded securities” means stocks and shares which are issued or raised by a body corporate but does not include stocks and shares issued or raised by a body corporate not incorporated in the United Kingdom unless —
the stocks and shares are registered in a register kept in the United Kingdom by or on behalf of the body corporate; or
in the case of shares, they are paired, within the meaning of section 99(6A) of the Finance Act 1986 , with shares issued by a body corporate incorporated in the United Kingdom.
Prescription of a recognised clearing house
3
For the purposes of sections 116 and 117 of the Finance Act 1991 EMCF is prescribed as a recognised clearing house.
Prescribed circumstances for the purposes of sections 116 and 117
4
1
In the circumstances prescribed by paragraph (2), the charges to stamp duty and stamp duty reserve tax shall be treated as not arising.
2
The circumstances prescribed are where, in connection with a facility transaction or an over the counter transaction (excluding transactions that come within section 80C and 89AA of the Finance Act 1986 ), conditions A, B and C are met.
3
Condition A is that traded securities or options are transferred, or agreed to be transferred, from —
a
a clearing participant or its nominee to another clearing participant or its nominee;
b
a non-clearing firm or its client, or nominee of a non-clearing firm or its client, to a clearing participant or its nominee;
c
a clearing participant or its nominee to EMCF or its nominee;
d
a person other than a clearing participant to EMCF or its nominee, as a result of a failure by a clearing participant to fulfil its obligations in respect of the transaction concerned to transfer traded securities or options to EMCF, or its nominee;
e
a person other than a clearing participant to a clearing participant or its nominee as a result of a failure by a non-clearing firm or its client, or nominee of a non-clearing firm or its client or by another clearing participant or its nominee to fulfil its obligations in respect of the transaction concerned to transfer traded securities or options to that clearing participant or its nominee;
f
a prescribed recognised clearing house or its nominee to EMCF or its nominee; or
g
EMCF or its nominee to a clearing participant or its nominee.
4
Condition B is that the person to whom those securities or options are agreed to be transferred under any of the agreements specified in paragraph (3) (“the relevant agreement”) is required on receipt of those securities or options to transfer traded securities or options under a matching agreement to another person or, in the case of an agreement falling within paragraph (3)(d) or (3)(e), would have been so required if the failure referred to in those paragraphs had not occurred.
5
Condition C is that where traded securities or options which are the subject of the relevant agreement are received by a clearing participant, the agreement must be identified by the clearing participant as an agreement that has been made solely in relation to the clearing of those traded securities or options on behalf of a third party.
6
In this regulation “matching agreement” means an agreement under which —
i
the traded securities or options agreed to be transferred are of the same kind as the traded securities or options agreed to be transferred under the relevant agreement; and
ii
the number and transfer price of the traded securities or options agreed to be transferred are in total identical to the number and transfer price of the traded securities or options agreed to be transferred under the relevant agreement.
Jeremy Wright
Brooks Newmark
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 2011


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North West London Hospitals National Health Service Trust (Transfer of Trust Property) Order 2011 and shall come into force on 1st April 2011.
2
In this Order —
“the special trustees” means the special trustees for the Royal National Orthopaedic Hospital National Health Service Trust ;
“the old Trust” means the North West London Hospitals National Health Service Trust;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the special trustees and signed on behalf of the old Trust on 14th January 2011 and on behalf of the special trustees on 20th January 2011.
Transfer of trust property
2
1
On the date that this Order comes into force the trust property, and any rights and liabilities arising from that property, shall be transferred from the old Trust to the special trustees.
2
In any instrument relating to the trust property, any reference to the trustees of the trust property or to the old Trust shall be construed as a reference to the special trustees.
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of Health,
Department of Health
5th February 2011


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Cassa Di Compensazione E Garanzia S.p.A.) Regulations 2011 and come into force on 3rd October 2011.
2
These Regulations have effect —
a
for the purposes of the charge to stamp duty, in relation to instruments executed on or after 3rd October 2011;
b
for the purposes of the charge to stamp duty reserve tax —
i
in the case of agreements to transfer traded securities or options which are not conditional, in relation to agreements made on or after 3rd October 2011;
ii
in the case of agreements to transfer traded securities or options which are conditional, in relation to agreements where the condition is satisfied on or after 3rd October 2011.
Interpretation
2
In these Regulations —
“ CC&G ” means Cassa Di Compensazione E Garanzia S.p.A . ;
“clearing participant” means a member of CC&G who as such is permitted by the Rules of CC&G to clear facility transactions and/or over the counter transactions;
“client” means a person who gives instructions to a non-clearing firm for traded securities or options to be sold in a facility transaction or an over the counter transaction;
“facility” means a recognised investment exchange within the meaning of sections 116(4)(b) and 117(3) of the Finance Act 1991;
“facility transaction” means a transaction in traded securities or options that is made on or reported to a recognised investment exchange;
“nominee” means, save in relation to a non-clearing firm or its client (regulation 4(3)(b) and (e)), a person whose business is or includes holding traded securities or options as a nominee for CC&G, or another prescribed recognised clearing house, acting in its capacity as a person providing clearing services in connection with an over the counter transaction or a facility transaction, or as a nominee for a clearing participant;
“non-clearing firm” means a person other than a clearing participant who has an agreement with a clearing participant to clear over the counter transactions or facility transactions or both;
“option” means an option to buy or sell traded securities;
“over the counter transaction” means a transaction in traded securities or options made other than on a recognised investment exchange”;
“traded securities” means stocks and shares which are issued or raised by a body corporate but does not include stocks and shares issued or raised by a body corporate not incorporated in the United Kingdom unless —
the stocks and shares are registered in a register kept in the United Kingdom by or on behalf of the body corporate; or
in the case of shares, they are paired, within the meaning of section 99(6A) of the Finance Act 1986 , with shares issued by a body corporate incorporated in the United Kingdom.
Prescription of a recognised clearing house
3
For the purposes of sections 116 and 117 of the Finance Act 1991 CC&G is prescribed as a recognised clearing house.
Prescribed circumstances for the purposes of sections 116 and 117
4
1
In the circumstances prescribed by paragraph (2), the charges to stamp duty and stamp duty reserve tax shall be treated as not arising.
2
The circumstances prescribed are where, in connection with a facility transaction or an over the counter transaction (excluding transactions that come within section 80C and 89AA of the Finance Act 1986 ), conditions A, B and C are met.
3
Condition A is that traded securities or options are transferred, or agreed to be transferred, from —
a
a clearing participant or its nominee to another clearing participant or its nominee;
b
a non-clearing firm or its client, or nominee of a non-clearing firm or its client, to a clearing participant or its nominee;
c
a clearing participant or its nominee to CC&G or its nominee;
d
a person other than a clearing participant to CC&G or its nominee, as a result of a failure by a clearing participant to fulfil its obligations in respect of the transaction concerned to transfer traded securities or options to CC&G, or its nominee;
e
a person other than a clearing participant to a clearing participant or its nominee as a result of a failure by a non-clearing firm or its client, or nominee of a non-clearing firm or its client or by another clearing participant or its nominee to fulfil its obligations in respect of the transaction concerned to transfer traded securities or options to that clearing participant or its nominee;
f
a prescribed recognised clearing house or its nominee to CC&G or its nominee; or
g
CC&G or its nominee to a clearing participant or its nominee.
4
Condition B is that the person to whom those securities or options are agreed to be transferred under any of the agreements specified in paragraph (3) (“the relevant agreement”) is required on receipt of those securities or options to transfer traded securities or options under a matching agreement to another person or, in the case of an agreement falling within paragraph (3)(d) or (3)(e), would have been so required if the failure referred to in those paragraphs had not occurred.
5
Condition C is that where traded securities or options which are the subject of the relevant agreement are received by a clearing participant, the agreement must be identified by the clearing participant as an agreement that has been made solely in relation to the clearing of those traded securities or options on behalf of a third party.
6
In this regulation “matching agreement” means an agreement under which —
i
the traded securities or options agreed to be transferred are of the same kind as the traded securities or options agreed to be transferred under the relevant agreement; and
ii
the number and transfer price of the traded securities or options agreed to be transferred are in total identical to the number and transfer price of the traded securities or options agreed to be transferred under the relevant agreement.
Jeremy Wright
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
6th September 2011


text:
Citation
1
This Order may be cited as the International Mutual Administrative Assistance in Tax Matters Order 2011.
Mutual administrative assistance arrangements to have effect
2
It is declared that —
a
the arrangements relating to international tax enforcement set out in the joint Council of Europe/Organisation for Economic Co-operation and Development Convention on Mutual Administrative Assistance in Tax Matters , as varied by the arrangements specified in the Protocol set out in the Schedule to this Order, have been made with the other signatories, and
b
it is expedient that the arrangements should have effect.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Finance Act 2009 (Consequential Amendments) Order 2011 and comes into force on 20th July 2011.
Amendment of the Income Tax (Earnings and Pensions) Act 2003
2
1
The Income Tax (Earnings and Pensions) Act 2003 is amended as follows.
2
In section 1(3) (overview of contents of this Act), omit “and” at the end of paragraph (b) and after that paragraph insert —
ba
allows deductions to be made from such income in respect of certain debts payable to the Commissioners for Her Majesty’s Revenue and Customs (see Part 11), and
.
3
In section 684(7AA) ( PAYE Regulations) for “section” substitute “Part”.
4
In section 685(1)(a) (tax tables) for “is” substitute “and any relevant debts payable during that tax year are”.
5
In section 685(1)(b) —
a
after “the income tax” insert “and any relevant debts”,
b
for “is such”, substitute “are such”,
c
in sub-paragraph (i) —
i
after “the total net income tax” insert “and any relevant debts”, and
ii
after “the total income tax” insert “and the total amount of any relevant debts”.
6
In section 687 (payments by intermediary) —
a
in subsection (2) after “income tax” insert “and any relevant debts”,
b
in subsection (3)(a) —
i
after “deduction of income tax” insert “and any relevant debts”,
ii
after “any income tax due” insert “and any relevant debts deductible”.
7
In section 689 (employee of non-UK employer) —
a
in subsection (1)(d) for “is” substitute “and any relevant debts are”,
b
in subsection (3)(a) —
i
after “income tax” in the first place insert “and any relevant debts due under the PAYE regulations”,
ii
after “income tax” in the second place, insert the words “and any relevant debts deductible”.
8
In section 690(9)(b) (employee non-resident, etc ) —
a
after “repayment of income tax” insert “and any relevant debts”, and
b
after “obligation to pay income tax underpaid” insert “and any relevant debts that remain wholly or partly unpaid”.
9
In section 691 (mobile UK workforce) —
a
in subsection (1)(c) after “income tax” insert “and any relevant debts”,
b
in subsection (2) for “income tax is” substitute “income tax and any relevant debts are”, and
c
in subsection (5) for “is” in the first place substitute “and any relevant debts are”.
10
In section 712(1) (interpretation of this Part), after “The above definitions are subject to sections 688 and 710(2)(b)”, insert —
relevant debt” has the meaning given by section 684(7AA).
.
11
In Part 2 of Schedule 1 (index of expressions defined in this Act or ICTA ) , after the reference to “relevant benefits” insert —
relevant debt (in Part 11) section 684(7AA)
.
Brooks Newmark
Jeremy Wright
Two of the Lords Commissioners of Her Majesty’s Treasury
28th June 2011


text:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating Contributions (England) (Amendment) Regulations 2011 and shall come into force on 31st December 2011.
Amendments to the Non-Domestic Rating Contributions (England) Regulations 1992
2
The Non-Domestic Rating Contributions (England) Regulations 1992 are amended as follows in relation to financial years beginning on or after 1st April 2012.
Rules for the calculation of non-domestic rating contributions
3
In Schedule 1 —
a
For paragraph 1(4), substitute —
4
A special authority’s non-domestic rating contribution for the financial year beginning on 1st April 2012 shall be the amount calculated under sub-paragraph (2) less £10,271,000.
;
b
for paragraph 3, substitute —
3
1
The amount which is the total of —
a
25 per cent of the difference between the amount calculated in accordance with paragraph 2 above and the amount which would be so calculated if, in respect of any relevant day or any day in a preceding year, any determination by the authority under section 47(1)(a) of the Act as regards a hereditament in relation to which the condition in section 47(3) applies were taken into account provided that one or more of the following applies on the chargeable day —
i
the ratepayer is a charity or trustees for a charity, and the hereditament is wholly or mainly used for charitable purposes (whether of that charity or of that and other charities); or
ii
the ratepayer is a registered club for the purposes of Chapter 9 of Part 13 of the Corporation Tax Act 2010 (community amateur sports clubs) and the hereditament is not an excepted hereditament and is wholly or mainly used —
aa
for the purposes of that club; or
bb
for the purposes of that club and of other such registered clubs;
b
75 per cent of the difference between the amount calculated in accordance with paragraph 2 above and the amount which would be so calculated if, in respect of any relevant day or any day in a preceding year, any determination by the authority under section 47(1)(a) of the Act as regards a hereditament in relation to which the condition in section 47(3) applies were taken into account provided that one of the following applies on the chargeable day —
i
the hereditament is not an excepted hereditament, and all or part of it is occupied for the purposes of one or more institutions or other organisations none of which is established or conducted for profit and each of whose main objects are charitable or are otherwise philanthropic or religious or concerned with education, social welfare, science, literature or the fine arts;
ii
the hereditament is not an excepted hereditament, it is wholly or mainly used for purposes of recreation, and all or part of it is occupied for the purposes of a club, society or other organisation not established or conducted for profit;
iii
the hereditament meets the following conditions —
aa
that the hereditament is situated in England;
bb
that on the chargeable day the hereditament is within a settlement identified in the billing authority’s rural settlement list for the chargeable financial year in which that day falls; and
cc
that the rateable value of the hereditament shown in the local non-domestic rating list at the beginning of the chargeable financial year is not more than any amount prescribed by the Secretary of State by order; and
c
75 per cent of the difference between the amount calculated in accordance with paragraph 2 above and the amount which would be so calculated if, in respect of any relevant day or any day in a preceding year, any reduction or remission by the authority under section 49 of the Act were taken into account;
less the amount calculated under sub-paragraph (3) below.
2
The total of any reduction in a chargeable amount by virtue of a determination under section 47(1)(a) of the Act and any reduction or remission under section 49 of the Act which has been taken into account in a calculation for a preceding year but which —
a
on the basis of the information before the person making the relevant calculation, should not have been so taken into account; and
b
has not been taken into account for the purposes of this sub-paragraph in a calculation for a preceding year;
multiplied by the relevant percentage.
3
In sub-paragraph (2) above, “the relevant percentage” means —
a
25 per cent, in the case of a reduction in a chargeable amount by virtue of any determination by the authority under section 47(1)(a) of the Act as regards a hereditament in relation to which the condition in section 47(3) applies and one or more of the following applies on the chargeable day —
i
the ratepayer is a charity or trustees for a charity, and the hereditament is wholly or mainly used for charitable purposes (whether of that charity or of that and other charities); or
ii
the ratepayer is a registered club for the purposes of Chapter 9 of Part 13 of the Corporation Tax Act 2010 (community amateur sports clubs) and the hereditament is not an excepted hereditament and is wholly or mainly used —
aa
for the purposes of that club; or
bb
for the purposes of that club and of other such registered clubs; and
b
75 per cent, in the case of a reduction in a chargeable amount by virtue of any determination by the authority under section 47(1)(a) of the Act as regards a hereditament in relation to which the condition in section 47(3) applies and one of the following applies on the chargeable day —
i
the hereditament is not an excepted hereditament, and all or part of it is occupied for the purposes of one or more institutions or other organisations none of which is established or conducted for profit and each of whose main objects are charitable or are otherwise philanthropic or religious or concerned with education, social welfare, science, literature or the fine arts;
ii
the hereditament is not an excepted hereditament, it is wholly or mainly used for purposes of recreation, and all or part of it is occupied for the purposes of a club, society or other organisation not established or conducted for profit; and
iii
the hereditament meets the following conditions —
aa
that the hereditament is situated in England;
bb
that on the chargeable day the hereditament is within a settlement identified in the billing authority’s rural settlement list for the chargeable financial year in which that day falls; and
cc
that the rateable value of the hereditament shown in the local non-domestic rating list at the beginning of the chargeable financial year is not more than any amount prescribed by the Secretary of State by order; and
c
75 per cent, in the case of any reduction or remission by the authority under section 49 of the Act.
and
c
in paragraph 4(4) for “2011”, substitute “2012”.
Assumptions relating to provisional amounts
4
In Schedule 2 —
a
in paragraph 2(12), for “0.948”, substitute “0.947”; and
b
for the table in paragraph 8(1), substitute —
Name or description of authority Percentage
The council of a metropolitan district 1.4 The council of a non-metropolitan district which has the functions of a county council, the council of a county which has the functions of a district council and the Council of the Isles of Scilly 1.1 The council of a non-metropolitan district which does not have the functions of a county council 1.0 The council of an inner London borough and the Common Council of the City of London 1.3 The council of an outer London borough 1.5
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
12th December 2011


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Solent National Health Service Trust (Establishment) Order 2011 and shall come into force on 1st April 2011.
2
In this Order —
“ the Act ” means the National Health Service Act 2006;
“community health services” means any service which the Secretary of State has a duty to provide under section 3(1)(d) or (e) of, or paragraph 1 or 8 of Schedule 1 to, the Act and any service which the Secretary of State may provide under paragraph 2 or 7A of that Schedule;
“primary care services” means primary medical services, primary dental services, primary ophthalmic services and pharmaceutical services;
“the trust” means the National Health Service trust established by article 2.
Establishment and name of the trust
2
There is established a National Health Service trust which shall be called the Solent National Health Service Trust.
Nature and functions of the trust
3
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, community health services and primary care services, for the purposes of the health service.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 executive directors and 5 non-executive directors.
2
If the Secretary of State suspends the chairman, or a non-executive director of the trust, the number of non-executive directors of the trust shall increase during the period of suspension by the number of persons so suspended.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 2011.
2
The accounting date of the trust shall be 31st March.
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
14th March 2011


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes A, B and D) Order 2011 and shall come into force on the twenty first day after the day on which it is made.
2
In this Order “ the Act ” means the Police and Criminal Evidence Act 1984.
Revision of Codes of Practice
2
The revised codes of practice laid before Parliament on 17th November 2010 in connection with the matters referred to in —
a
section 66(1)(a) of the Act (exercise by police officers of statutory powers of stop and search – Code A) ;
b
section 66(1)(b) of the Act (identification of persons by police officers – Code D);
c
section 66(1)(c) and (d) of the Act (searches of premises by police officers and the seizure of property found by police officers on persons or premises – Code B);
shall come into operation on the day on which this Order comes into force.
Nick Herbert
Minister of State
Home Office
14th February 2011


text:
PART 1 PRELIMINARY
Citation and commencement
1
1
This Order may be cited as the River Humber (The Deep Tidal Stream Generator) Order 2011.
2
This Order comes into force on the date on which the notice required by section 14(1)(b) of the Transport and Works Act 1992 is first published.
Interpretation
2
1
In this Order —
“A. B. Ports” means Associated British Ports;
“authorised works” means the scheduled works, the works and facilities described in article 3(3) and any other works authorised by the Order;
“building” includes structure or any other erection or any part of a building, structure or erection;
“the level of high water” means the level of mean high water springs;
“the limits of deviation”, in relation to a work, means the limits of deviation related to that work which are shown on the works plans;
“maintain” includes inspect, maintain, repair, adjust, alter, remove, reconstruct and replace; and “maintenance” shall be construed accordingly;
“reference point” means Ordnance Survey National Grid reference point;
“river” means the river Humber;
“the scheduled works” means the works specified in Schedule 1 to this Order or any part of them;
“the sections” means the sections certified by the Secretary of State in accordance with article 19, unless the context otherwise requires;
“tidal stream generator” means the tidal stream generator described in paragraph 1 of Schedule 1 to this Order;
“tidal work” means so much of any authorised work as is on, under or over tidal waters or tidal lands below the level of high water;
“the undertaker” means Neptune Renewable Energy Limited or any person to whom the powers conferred by this Order are transferred in an agreement pursuant to article 20;
“vessel” means a ship, boat, raft or water craft of any description and includes a non-displacement craft, a seaplane, any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily) and any other amphibious vehicle;
“the works plans” means the plans certified by the Secretary of State in accordance with article 19, unless the context otherwise requires.
2
All directions, distances, lengths and points stated in any description of works or powers shall be construed as if the words “or thereabouts” were inserted after each such direction, distance, length and point.
3
Any reference in this Order to a work identified by the number of the work shall be construed as a reference to the work of that number authorised by this Order.
PART 2 WORKS
Principal powers
Power to construct and maintain works
3
1
The undertaker may construct and maintain the scheduled works.
2
Subject to article 4, the scheduled works shall be constructed and maintained in the lines or situations shown on the works plans and in accordance with the levels shown on the sections.
3
The undertaker may, within the limits of deviation for the scheduled works, carry out, provide and maintain such of the following works and facilities as may be necessary or expedient for the purposes of, in connection with, or in consequence of, the construction or maintenance of the scheduled works, namely —
a
temporary or permanent landing places, jetties, or moorings or other means of accommodating vessels in the construction or maintenance of the scheduled works;
b
buoys, beacons, fenders and other navigational warning or ship impact protection works;
c
works to alter the position of apparatus, including cables;
d
landscaping and other works to mitigate any adverse affects of the construction, maintenance or operation of the scheduled works;
e
works for the benefit or protection of land affected by the scheduled works;
f
such other works and apparatus, plant and machinery of whatever nature as may be necessary or expedient.
Power to deviate
4
In constructing or maintaining any scheduled works, the undertaker may deviate —
a
laterally from the lines or situations shown on the works plans to any extent within the limits of deviation; and
b
vertically from the levels shown on the sections to any extent not exceeding two metres upwards and to any extent downwards.
Protection of navigation
Tidal works not to be executed without approval of the Secretary of State
5
1
A tidal work shall not be constructed or altered except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
2
If a tidal work is constructed or altered in contravention of this article or any condition or restriction imposed under this article —
a
the Secretary of State may by notice in writing require the undertaker at its own expense to remove the tidal work or any part of it and restore the site to its former condition; and
b
if it appears to the Secretary of State urgently necessary so to do, he may remove the tidal work or part of it and restore the site to its former condition and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the undertaker.
Provision against danger to navigation
6
1
In case of damage to, or destruction or decay of, a tidal work or any part thereof the undertaker shall as soon as reasonably practicable —
a
notify A. B. Ports; and
b
lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as A. B. Ports may from time to time direct.
2
If it appears to A. B. Ports urgently necessary to do so in order to secure the safe navigation of the river by all vessels, it may lay down such buoys and exhibit such lights and take such other steps for preventing danger to navigation as A. B. Ports may direct are reasonably necessary.
3
Any expenditure incurred by A. B. Ports in consequence of it exercising powers under paragraph (2) shall be recoverable from the undertaker.
Abatement of works abandoned or decayed
7
1
Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State or A. B. Ports may by notice in writing require the undertaker at its own expense either to repair and restore the work or any part of it, or to remove the work and restore the site of the work to its former condition, to such an extent and within such limits as the Secretary of State or A. B. Ports may specify in the notice.
2
Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State or A. B. Ports may include that part of the work, or any portion of it, in any notice under this article.
3
This article shall not apply to any decommissioning of the authorised works in accordance with a marine licence granted under Part 4 of the Marine and Coastal Access Act 2009 .
4
If there is any inconsistency between any requirements of the Secretary of State and A. B. Ports under article 7(1) or (2) the requirement of the Secretary of State shall prevail.
Survey of tidal works
8
1
The Secretary of State may at any time, if he deems it expedient, order a survey and examination of a tidal work or of the site upon which it is proposed to construct the work, and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the undertaker.
2
Subject to paragraph (3) such surveys shall not be ordered more frequently than once a year, and before ordering such a survey the Secretary of State shall —
a
consult the undertaker in order to establish what relevant survey information is already available; and
b
give the undertaker an opportunity to carry out the survey itself.
3
Paragraph (2) shall not apply in an emergency.
4
Paragraphs (1) to (3) apply to A. B. Ports as if it were the Secretary of State.
5
A. B. Ports’ annual survey of the river in the performance of its functions as navigation authority shall not be treated as a survey ordered by A. B. Ports under this article.
Permanent lights and navigational safety aids
9
After the completion of the tidal works the undertaker shall exhibit every night from sunset to sunrise such lights, if any, and shall provide such markers, if any, and take such other steps for the prevention of danger to navigation as A. B. Ports may from time to time direct.
Lights on tidal works during construction
10
The undertaker shall at or near a tidal work during the whole time of the construction, alteration, enlargement, replacement, relaying, reconstruction or extension of the work exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as A. B. Ports may from time to time direct.
Execution of works in default
11
1
If, on the expiration of 30 days from the date when a notice under article 5(2)(a) or 7(1) is served upon the undertaker it has failed, without reasonable excuse, to comply with the requirements of the notice, the Secretary of State or A. B. Ports (as the case may be) may execute the works specified in the notice.
2
Any expenditure incurred by the Secretary of State or A. B. Ports (as the case may be) in so doing shall be recoverable from the undertaker.
Offences
12
If the undertaker, without reasonable excuse, fails to —
a
comply with a direction given under article 6, 9 or 10; or
b
give notification as required by article 6, it shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
PART 3 MISCELLANEOUS AND GENERAL
Power to operate and use works
13
Subject to article 15, the undertaker may operate and use the authorised works as a system for generating and transmitting electricity.
Disapplication of section 9 of the Humber Conservancy Act 1899 and section 6 of the Humber Conservancy Act 1905
14
Section 9(ii) (licences for execution of works) of the Humber Conservancy Act 1899 and section 6(2) (no erections in Humber below river lines or without licence above river lines) of the Humber Conservancy Act 1905 shall not apply to the authorised works.
Removal of authorised works
15
The undertaker shall remove —
a
Work No. 1 (except that, in relation to the four piles, if it is not practicable for the undertaker to effect a full removal of these, it shall cut each of the piles to two metres below the bed level); and
b
Work No. 2,
no later than three years after the date on which this Order is made and shall, subject to the exception in paragraph (a), restore the sites of the works to their former condition, subject to natural change.
Obstruction and misuse of authorised works
16
Any person who without reasonable excuse —
a
obstructs another person from constructing or maintaining any of the authorised works under the powers conferred by this Order;
b
makes fast to any part of any tidal work; or
c
in any other way interferes with any of the authorised works or their operation, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Exclusion zone for navigation, trawling and anchoring
17
1
Subject to paragraph (3) there shall be a temporary exclusion zone (“exclusion zone”) extending to any waters within 75 metres of any part of Work No. 1 and Work No. 2 during the construction, relaying, replacement, removal or decommissioning of those works or any part of those works.
2
Any person who without reasonable excuse navigates a vessel within an exclusion zone shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
An exclusion zone shall not come into effect until seven days after the publication by A. B. Ports of a notice to mariners specifying —
a
the date of publication of the notice; and
b
the location and extent of the exclusion zone and its intended duration.
4
The exclusion zone shall terminate on the completion of the construction, relaying, replacement, removal or decommissioning of the works to which it relates.
5
As soon as reasonably practicable following the termination of an exclusion zone A. B. Ports shall publish notice of the termination by means of a notice to mariners.
6
This article shall not apply to a person navigating a vessel within the exclusion zone for the purpose of, or in connection with, the construction, maintenance or operation of the authorised works.
Certain land to be treated as operational land
18
Planning permission which is deemed by a direction under section 90(2A) of the Town and Country Planning Act 1990 to be granted in relation to works authorised by this Order shall be treated as specific planning permission for the purposes of section 264(3)(a) of that Act (cases in which land is to be treated as operational land for the purposes of that Act).
Certification of plans, etc.
19
1
The undertaker shall, as soon as practicable after the making of this Order, submit to the Secretary of State copies of the works plans and sections sent to him with the application for this Order in accordance with rule 10(3) of the 2006 Rules.
2
The Secretary of State shall, on receipt of such works plans and sections, certify that they are true copies of the works plans and sections so sent to him.
3
A document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Transfer of powers
20
1
The undertaker may, with the consent of the Secretary of State, enter into, and carry into effect, agreements for the transfer to another person of all or any of the powers conferred on the undertaker by this Order.
2
The exercise of any power conferred by this Order by any other person in accordance with an agreement under paragraph (1) shall be subject to the same obligations and liabilities under this Order as would apply if that power were exercised by the undertaker.
3
Not later than 21 days before any such agreement comes into effect which provides for the transfer to another person of powers relating to any tidal works the undertaker shall give written notice to the Secretary of State and to A. B. Ports stating the name and address of the person to whom the powers are being transferred and the date when the transfer is to take effect.
For protection of A. B. Ports
21
The provisions of Schedule 2 to this Order shall have effect.
Saving for Trinity House
22
Nothing in this Order shall prejudice or derogate from any of the rights, duties or privileges of the Corporation of Trinity House of Deptford Strond.
Crown rights
23
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown, and in particular, nothing in this Order authorises the undertaker to take, use, enter upon or in any manner interfere with any land, hereditaments, or rights of whatsoever description (including any part of the shore or bed of the sea or any river, channel, creek, bay or estuary) —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners; or
b
belonging to a government department or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.
2
A consent under paragraph (1) may be given unconditionally or subject to such conditions or upon such terms as may be considered necessary or appropriate.
Signed by authority of the Secretary of State for Energy and Climate Change
Giles Scott
Head of Development Consent and Planning Reform
21st July 2011


text:
Citation, commencement, extent and application
1
1
This Order may be cited as the Libya (Restrictive Measures) (Overseas Territories) Order 2011 and shall come into force on 9th April 2011.
2
Part 1 of this Order shall extend to the territories listed in Schedule 1. Part 2 of this Order shall extend to the territories listed in Schedule 2.
3
Articles 24 and 25 shall apply to the Sovereign Base Areas of Akrotiri and Dhekelia as set out in Schedule 3.
4
Article 24 shall apply to the Falkland Islands and South Georgia and the South Sandwich Islands as set out in Schedule 4.
5
Article 24 shall apply to St Helena, Ascension and Tristan da Cunha as set out in Schedule 5.
6
In the application of this Order to any of the said territories, the expression “the Territory” in this Order means that territory.
7
An offence may be committed under articles 4(1), 5(3), 6, 7(3), 8(3), 10(2), 11(2), 13, 16, 17(3), 17(4), 21(3), 22(1), 22(2), 30(4) and paragraph 4(1) of Schedule 6 by any person in the Territory or by any person elsewhere who is —
a
a British citizen, a British overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) or a British protected person and is ordinarily resident in the Territory; or
b
a body incorporated or constituted under the law of any part of the Territory.
Interpretation
2
1
In this Order, the following expressions have, the meanings hereby respectively assigned to them, that is to say —
“aircraft” means a fixed wing, swivel wing, rotary wing, tilt rotor or tilt wing airborne vehicle or helicopter;
“assistance” means any form of assistance including training, technical assistance, financing and financial assistance, investment, brokering or other services, and the transfer of financial resources and services;
“commander”, in relation to an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of the aircraft;
“ Council Regulations ” means Council Regulation ( EU ) No. 204/2011 adopted by the Council of the European Union on 2nd March 2011 , Council Implementing Regulation (EU) No. 233/2011 adopted by the Council of the European Union on 10th March 2011 Council Implementing Regulation (EU) No. 272/2011 adopted by the Council of the European Union on 21st March 2011 , Council Implementing Regulation (EU) No 288/2011 adopted by the Council of the European Union on 23rd March 2011 and Council Regulation (EU) No. 296/2011 adopted by the Council of the European Union on 25th March 2011 ;
“designated person” means any person listed in Annex II of Security Council resolution 1970 (2011) or listed in Annex II of Security Council resolution 1973 (2011) or designated under either of those resolutions;
“document” includes information recorded in any form, and in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;
“economic resources” means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but can be used to obtain funds, goods or services;
“EU listed person” means any person included in Council Regulation (EU) No. 204/2011, Annex III , as amended from time to time, being persons not listed in Annex II of the Security Council resolution 1970 (2011) or Annex II of Security Council resolution 1973 (2011);
“export” includes shipment as stores;
“exportation” in relation to any ship or aircraft, includes the taking out of the Territory of the ship or aircraft notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;
“financing and financial assistance” in relation to the provision of assistance related to restricted goods includes financing or financial assistance for any sale, supply, transfer or export of restricted goods;
“funds” means financial assets and benefits of every kind, including (but not limited to) —
cash, cheques, claims on money, drafts, money orders and other payment instruments;
deposits with relevant institutions or other persons, balances on accounts, debts and debt obligations;
publicly and privately traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivative contracts;
interest, dividends or other income on or value accruing from or generated by assets;
credit, rights of set-off, guarantees, performance bonds or other financial commitments;
letters of credit, bills of lading, bills of sale;
documents providing evidence of an interest in funds or financial resources; and
any other instrument of export financing;
“frozen account” means an account with a relevant institution which is held or controlled by a designated person;
“Gazette” means the official gazette of a Territory or any other form in which official information is normally made available in that Territory;
“Governor” means the Governor or other officer administering the Government of the Territory;
“master”, in relation to a ship, includes any persons (other than a pilot) for the time being in charge of the ship;
“officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body corporate or any person who has purported to act in any such capacity;
“operator”, in relation to an aircraft or vehicle, means the person for the time being having the management of the aircraft or vehicle;
“owner”, in relation to a ship, where the owner is not the operator, means the operator and any person to whom it is chartered;
“person” means any natural or legal person, entity or body;
“procurement” means procurement by whatever means, including but not limited to by purchase, import or transport, and including by using any ship, aircraft or vehicle to which article 7 of this Order applies;
“relevant institution” means —
the person responsible for carrying out in the Territory the functions of a monetary authority;
any person who may lawfully accept deposits in or from within the Territory by way of business;
any society established lawfully in the Territory whose principal purpose is the making of loans secured on residential property where such loans are funded substantially by its members;
“restricted goods” means the goods, software and technology specified in Schedule 2 to the Export Control Order 2008 .
“Sanctions Committee” means the Sanctions Committee established under paragraph 24 of the Security Council resolution 1970 (2011);
“ship” includes every description of vessel used in navigation;
“shipment” includes loading into an aircraft;
“stores” means goods for use in a ship or aircraft and includes fuel and spare parts and other articles of equipment, whether or not for immediate fitting, but excludes any goods for use in a ship or aircraft as merchandise for sale by retail to persons carried therein;
“Supreme Court” means the court of the Territory having unlimited jurisdiction in civil proceedings.
“vehicle” means land transport vehicle.
2
For the purpose of the definition of “relevant institution” in paragraph (1) —
a
the activity of accepting deposits has the meaning given in any relevant order made under section 22 of the Financial Services and Markets Act 2000 ; and
b
a person is not regarded as accepting deposits by way of business if —
i
the person does not hold himself or herself out as accepting deposits on a day to day basis, and
ii
any deposits which they accept are accepted only on particular occasions, whether or not involving the issue of any securities.
3
In determining for the purposes of paragraph (2)(b)(ii) whether deposits are accepted only on particular occasions, regard is to be had to the frequency of those occasions and to any characteristics distinguishing them from each other.
PART 1 LISTS
Publicly available list of designated persons and restricted goods
3
The Governor shall —
a
maintain a list of designated persons;
b
cause the list to be published in the Gazette as necessary from time to time; and
c
cause a list of restricted goods to be published in the Gazette as necessary from time to time.
RESTRICTED GOODS AND ARMED MERCENARY PERSONNEL, ASSISTANCE, TRAINING AND PROCUREMENT
Supply of restricted goods or armed mercenary personnel
4
1
Any person who, except under the authority of a licence granted by the Governor —
a
supplies or delivers;
b
agrees to supply or deliver; or
c
does any act calculated to promote the supply or delivery of,
restricted goods or armed mercenary personnel to any person or destination in Libya shall be guilty of an offence under this Order, unless he proves that he did not know and had no reasonable cause to suspect that the goods or armed mercenary personnel in question were to be supplied or delivered to a person in Libya.
2
Nothing in paragraph (1)(b) or (c) shall apply where the supply or delivery of the goods or armed mercenary personnel to the person concerned is authorised by a licence granted by the Governor.
Exportation of restricted goods or armed mercenary personnel to Libya
5
1
Except under the authority of a licence granted by the Governor, restricted goods or armed mercenary personnel shall not be exported from the Territory to any destination in Libya or to any destination for the purpose of delivery, directly or indirectly, or to the order of any person in Libya.
2
Any restricted goods or armed mercenary personnel which are exported or attempted to be exported shall be liable to being disposed of or transferred or seized as appropriate.
3
Any person knowingly concerned in the exportation or attempted exportation of such goods or armed mercenary personnel shall be guilty of an offence under this Order.
4
In any case where a person would, apart from this paragraph, be guilty both of an offence under paragraph (3) above and of an offence under article 4(1), he shall not be guilty of the offence under paragraph (3) above.
Provision of assistance, advice or training related to the supply, sale, transfer, manufacture or use of restricted goods
6
Any person who, except under the authority of a licence granted by the Governor, directly or indirectly, provides to any person in, or for use in, Libya any assistance, including financing and financial assistance, advice or training related to the supply, sale, transfer, manufacture or use of restricted goods or armed mercenary personnel shall be guilty of an offence under this Order, unless they prove that they did not know and had no reasonable cause to suspect that the assistance, advice or training in question was to be provided to a person, in, or for use in, Libya.
Use of ships, aircraft and vehicles: restricted goods or armed mercenary personnel
7
1
Without prejudice to the generality of article 4, no ship or aircraft to which this article applies, and no vehicle within the Territory, shall be used for the carriage of restricted goods or armed mercenary personnel if the carriage is, or forms part of, carriage from any place outside Libya to any destination therein.
2
This article applies to ships registered in the Territory, to aircraft so registered and to any other ship or aircraft that is for the time being chartered to any person who is —
a
a British citizen, a British overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas), or a British protected person and is ordinarily resident in the Territory; or
b
a body incorporated or constituted under the law of the Territory.
3
If any ship, aircraft or vehicle is used in contravention of paragraph (1) then —
a
in the case of a ship registered in the Territory or any aircraft so registered, the owner and the master of the ship or, as the case may be, the operator and the commander or the aircraft; or
b
in the case of any other ship or aircraft, the person to whom the ship or aircraft is for the time being chartered, if he or she is a person referred to in paragraph (2)(a) or (b) and the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
c
in the case of a vehicle, the operator and driver of the vehicle,
shall be guilty of an offence under this Order, unless they prove that they did not know and had no reasonable cause to suspect that the carriage of goods or armed mercenary personnel in question was, or formed part of, carriage from any place outside Libya to any destination therein.
4
Nothing in paragraph (1) shall apply where the supply or delivery or exportation from the Territory of the goods or armed mercenary personnel concerned to Libya was authorised by a licence granted by the Governor.
5
Nothing in this article shall be construed so as to prejudice any other provision of law prohibiting or restricting the use of ships, aircraft or vehicles.
Procurement of restricted goods or armed mercenary personnel from Libya
8
1
Except under the authority of a licence granted by the Governor, the procurement of restricted goods or armed mercenary personnel from Libya is prohibited.
2
Any restricted goods or armed mercenary personnel which are procured or attempted to be procured shall be liable to being disposed of or transferred or seized, as appropriate.
3
Any person knowingly concerned in the procurement or attempted procurement of such goods or personnel shall be guilty of an offence under this Order.
Licences
9
1
The Governor may grant a licence to disapply the prohibitions in articles 4 to 8 of this Order in respect of —
a
supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training, as approved in advance by the Sanctions Committee;
b
protective clothing, including flak jackets and military helmets, temporarily exported to Libya by United Nations personnel, representatives of the media and humanitarian and development works and associated personnel, for their personal use only; or
c
other sales or supply of arms and related material, or provision of assistance or personnel, as approved in advance by the Sanctions Committee.
2
A licence may be —
a
general or granted to a category of persons or to a particular person;
b
subject to conditions; or
c
of indefinite duration or subject to an expiry date.
3
The Governor may vary or revoke a licence at any time.
4
The Governor, where he or she grants, varies or revokes a licence, shall —
a
in the case of a licence granted to a particular person, give written notice of the licence, variation or revocation to that person, and
b
in the case of a general licence, or of a licence granted to a category of persons, take such steps as the Governor considers appropriate to publicise the licence, variation or revocation.
FUNDS AND ECONOMIC RESOURCES
Freezing funds and economic resources
10
1
A person (including a designated person) shall not deal with funds or economic resources owned or controlled, directly or indirectly, by a designated person or persons acting on their behalf or at their direction or by persons controlled by them, subject to article 12, unless they do so under the authority of a licence granted under article 15.
2
A person who contravenes the prohibition in paragraph (1) shall be guilty of an offence under this Order.
3
In proceedings for an offence under this article, it is a defence for a person to show that they did not know and had no reasonable cause to suspect that they were dealing with funds or economic resources owned or controlled, directly or indirectly, by a designated person or persons acting on their behalf or at their direction or by persons controlled by them.
4
In this article, “to deal with” means —
a
in respect of funds —
i
to use, alter, move, allow access to or transfer;
ii
to deal with in any other way that would result in any change in volume, amount, location, ownership, possession, character or destination; or
iii
to make any other change that would enable use, including portfolio management; and
b
in respect of economic resources, to exchange or use to obtain funds, goods or services in any way, including (but not limited to) by selling, hiring or mortgaging the resources.
Making funds and economic resources available
11
1
A person (including a designated person) shall not make funds or economic resources available, directly or indirectly, to or for the benefit of a designated person, subject to article 12, unless they do so under the authority of a licence granted under article 15.
2
A person who contravenes the prohibition in paragraph (1) shall be guilty of an offence under this Order.
3
In proceedings for an offence under this article, it is a defence for a person to show that they did not know and had no reasonable cause to suspect that they were making funds or economic resources available, directly or indirectly, to or for the benefit of a designated person.
Exceptions
12
1
A person is not guilty of an offence under articles 10 or 11 if they credit a frozen account with —
a
interest or other earnings due on the account; or
b
payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which an account holder became a designated person.
2
It is not an offence under article 11 for a person to credit a frozen account which is in receipt of funds transferred by a third party to a frozen account.
3
In this article “third party” means a person other than the account holder or the person with which the account is maintained.
Circumventing prohibitions etc.
13
A person shall be guilty of an offence under this Order if they participate, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to —
a
circumvent a prohibition in article 10(1) or 11(1); or
b
enable or facilitate the commission of an offence under article 10(2) or 11(2).
Governor’s powers to give directions
14
1
Where the Governor has reasonable grounds for suspecting that a person is a designated person, the Governor may give a direction that such person is to be treated as a designated person for the purposes of this Order.
2
The Governor may vary or revoke such a direction at any time.
3
A direction under paragraph (1) has effect —
a
for such a period as the Governor may specify in the direction, or
b
until the direction is revoked or set aside.
4
Where the Governor gives a direction the Governor shall —
a
take such steps as the Governor considers appropriate to publicise the direction;
b
give written notice to the person identified in the direction; and
c
if the direction is varied or revoked —
i
give written notice of the variation or revocation to the person identified in the direction; and
ii
take such further steps as the Governor considers appropriate to publicise the variation or revocation.
5
The Supreme Court may set aside a direction on the application of —
a
the person identified in the direction, or
b
any other person affected by the direction.
6
A person who makes an application under paragraph (5) shall give a copy of the application and any witness statement or affidavit in support to the Governor no later than seven days before the date fixed for the hearing by the Supreme Court of the application.
Licences
15
1
The Governor may grant a licence to disapply the prohibition in articles 10(1) or 11(1) in relation to the acts specified in the licence.
2
A licence may relate to —
a
basic expenses of designated persons and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines, medical treatment, taxes, insurance premiums and public utility charges after notification to the Sanctions Committee and no objection having been made with 5 working days of such notification;
b
payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services after notification to the Sanctions Committee and no objection having been made within 5 working days of such notification;
c
payment of fees or service charges for the routine holding or maintenance of frozen funds, other financial assets and economic resources after notification to the Sanctions Committee and no objection having been made within 5 working days of such notification;
d
payment of necessary extraordinary expenses as determined by the Governor and approved by the Sanctions Committee;
e
satisfaction of a judicial, administrative or arbitral lien or judgement provided that the lien or judgement was entered into prior to 26th February 2011 and is not for the benefit of a designated person and has been notified to the Sanctions Committee;
f
payment by a designated person of sums due under a contract entered into prior to the date on which the person was so designated, provided that the payment is not directly or indirectly received by another designated person and the Sanctions Committee has been notified of the intention to make or receive such payments or has been notified 10 working days in advance of the intention to authorise the unfreezing of funds, other financial assets or economic resources for the payment of the sums due.
3
A licence may be —
a
general or granted to a category of persons or to a particular person;
b
subject to conditions; or
c
of indefinite duration or subject to an expiry date.
4
The Governor may vary or revoke a licence at any time.
5
The Governor, where he grants, varies or revokes a licence, shall —
a
in the case of a licence granted to a particular person, give written notice of the licence, variation or revocation to that person, and
b
in the case of a general licence, or of a licence granted to a category of persons, take such steps as the Governor considers appropriate to publicise the licence, variation or revocation.
CUSTOMS POWERS AND INVESTIGATIONS
Customs powers to demand evidence of destination which goods reach
16
Any exporter or any shipper of restricted goods or personnel which have been exported or provided from the Territory shall, if so required by the Governor, furnish, within such time as the Governor may allow, proof to the Governor’s satisfaction that the goods or personnel have reached either —
a
a destination to which they were authorised to be exported or provided by a licence granted under article 9 of this Order; or
b
a destination to which their exportation or provision was not prohibited by this Order,
and if they fail to do so, they shall be guilty of an offence under this Order, unless they prove that they did not consent to or connive at the goods reaching any destination other than such a destination as mentioned above.
Declaration as to goods: powers of search
17
1
Any person who is about to leave the Territory shall, if they are required to do so by an officer authorised for the purpose by the Governor —
a
declare whether or not they have with them any restricted goods or personnel which are destined for Libya or for delivery, directly or indirectly, to or to the order of any person in Libya; and
b
produce any such goods or personnel as aforesaid which they have with them.
2
Any such officer, and any person acting under his or her direction, may search that person for the purpose of ascertaining whether they have with them any such goods as aforesaid, provided that no person shall be searched in pursuance of this paragraph except by a person of the same sex.
3
Any person who without reasonable excuse refuses to make such a declaration, and fails to produce any goods or personnel as aforesaid, or refuses to allow themselves to be searched in accordance with the foregoing provisions of this article, shall be guilty of an offence under this Order.
4
Any person who under the provisions of this article makes a declaration which to their knowledge is false in a material particular, or recklessly makes any declaration which is false in a material particular, shall be guilty of an offence under this Order.
5
Before or on exercising any power conferred by this article, an authorised person shall if requested to do so, produce evidence of their authority.
Investigation, etc. of suspected ships
18
1
Where any authorised officer has reason to suspect that any ship to which article 7 applies has been or is being or is about to be used in contravention of paragraph (1) of that article —
a
the officer may (either alone or accompanied and assisted by persons under his or her authority) board the ship and search her; and for that purpose,
b
the officer may request the owner or the master of the ship to furnish such information relating to the ship and her cargo and produce for his or her inspection such documents so relating and such cargo as he may specify; and
c
in the case of a ship that is reasonably suspected of being or of being about to be used in contravention of paragraph (1) of article 7, the authorised officer (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under sub-paragraph (b)), with a view to preventing the commission (or the continued commission) of any such contravention, or in order that enquiries into the matter may be pursued, shall seize and dispose of any restricted goods and may take the further action specified in paragraph (2).
2
The further action referred to in paragraph (1)(c) is either —
a
to direct the master of the ship to refrain, except with the consent of any authorised officer, from landing at any port specified by the officer any part of the ship’s cargo that is specified under paragraph (1)(b); or
b
to request the master of the ship to take any one or more of the following steps —
i
to cause the ship not to proceed with the voyage on which she is then engaged or about to engage until the master is notified by an authorised officer that the ship may so proceed;
ii
if the ship is then in port in the Territory, to cause her to remain there until the master is notified by an authorised officer that the ship may depart;
iii
if the ship is then in any other place, to take her to any such port specified by the officer and to cause her to remain there until the master is notified as mentioned in sub-paragraph (ii); and
iv
to take her to any other destination that may be specified by the officer in agreement with the master.
3
Without prejudice to the provisions of article 21(3), where —
a
a master refuses or fails to comply with a request made under paragraph (2)(b); or
b
an authorised officer otherwise has reason to suspect that such a request that has been so made may not be complied with,
any authorised officer may take such steps as appear to him or her to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose enter upon, or authorise entry upon, that ship.
4
Before or on exercising any power conferred by this article, an authorised officer shall if requested to do so, produce evidence of his authority.
5
In this article “authorised officer” means —
a
any commissioned naval or military officer;
b
any British consular officer;
c
any police or customs officer; or
d
any person authorised by the Governor for the purpose of this article either generally or in a particular case.
Investigation, etc. of suspected aircraft
19
1
Where any authorised person has reason to suspect that any aircraft to which article 7 applies has been or is being or is about to be used in contravention of paragraph (1) of that article —
a
he or she may (either alone or accompanied and assisted by persons under his or her authority) board the aircraft and search it and, for that purpose;
b
he or she may request the charterer, the operator and the commander of the aircraft or any of them to furnish such information relating to the aircraft and its cargo and produce for his or her inspection such documents so relating and such cargo as he or she may specify; and
c
if the aircraft is then in the Territory, any authorised person may (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under sub-paragraph (b)) further request the charterer, the operator and the commander or any of them to cause the aircraft and any of its cargo to remain in the Territory until notified that the aircraft and its cargo may depart.
2
Without prejudice to the provisions of article 21(3), where an authorised person has reason to suspect that any request that has been made under paragraph (1)(c) may not be complied with, he or she may take such steps as appear to him or her to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, for that purpose —
a
may enter, or authorise entry, upon any land and upon that aircraft;
b
may detain, or authorise the detention of, that aircraft and any of its cargo,
c
shall seize and dispose of any restricted goods.
3
Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of his authority.
4
In this article, “authorised person” means any person authorised by the Governor for the purpose of this article either generally or in a particular case.
Investigation, etc. of suspected vehicles
20
1
Where any authorised person has reason to suspect that any vehicle in the Territory has been or is being or is about to be used in contravention of paragraph (1) of article 7 —
a
he or she may (either alone or accompanied and assisted by persons under his or her authority) enter the vehicle and search it and, for that purpose;
b
he or she may request the operator and the driver of the vehicle or either of them to furnish such information relating to the vehicle and any goods or personnel contained in it and produce for his or her inspection such documents so relating and such goods or personnel as he or she may specify; and
c
any authorised person may (either there and then or upon consideration of any information furnished or document or goods or personnel produced in pursuance of a request made under sub-paragraph (b)) further request the operator or the driver to cause the vehicle and any goods or personnel contained in it to remain in the Territory until notified that the vehicle may depart.
2
Without prejudice to the provisions of article 21(3), where any authorised person has reason to suspect that any request that has been made under paragraph (1)(c) may not be complied with, he or she may take such steps as appear to him or her to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, for that purpose —
a
may enter, or authorise entry, upon any land and enter, or authorise entry of, that vehicle;
b
may detain, or authorise the detention of, that vehicle and any goods or personnel contained in it; and
c
shall dispose of, transfer and seize, as appropriate, any restricted goods or personnel.
3
Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of his authority.
4
In this article, “authorised person” means any person authorised by the Governor for the purpose of this article either generally or in a particular case.
Provisions supplementary to articles 18 to 20
21
1
No information furnished or document produced by any person in pursuance of a request made under articles 18, 19 or 20 shall be disclosed except —
a
with the consent of the person by whom the information was furnished or the document was produced, provided that a person who has obtained information or is in possession of a document only in their capacity as servant or agent of another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or to the possession of that document in his own right;
b
to any person who would have been empowered under articles 18, 19 or 20 to request that the information furnished or the document produced be furnished or produced or to any person holding or acting in any office under or in the service of —
i
the Crown in respect of the Government of the United Kingdom;
ii
the Government of the Isle of Man;
iii
the States of Guernsey or Alderney or the Chief Pleas of Sark;
iv
the State of Jersey; or
v
the Government of any British overseas territory;
c
on the authority of the Governor, to any organ of the United Nations or to any person in the service of the United Nations or of the Government of any other country for the purpose of assisting the United Nations or that Government in securing compliance with or detecting evasion of measures in relation to Libya decided upon by the Security Council of the United Nations; or
d
with a view to the institution of, or otherwise for the purposes of, any proceedings —
i
in the Territory, for an offence under this Order or, with respect to any of the matters regulated by this Order, for an offence relating to customs; or
ii
for any offence under any law making provision with respect to such matters that is in force in the United Kingdom, any of the Channel Islands, the Isle of Man or any British overseas territory.
2
Any power conferred by articles 18, 19 or 20 to request the furnishing of information or the production of a document or of cargo or of goods or of personnel for inspection shall include a power to specify whether the information should be furnished orally or in writing and in what form and to specify the time by which and the place in which the information should be furnished or the document or cargo or goods or personnel produced for inspection.
3
Each of the following persons shall be guilty of an offence under this Order, that is to say —
a
a master of a ship who disobeys any direction given under article 18(2)(a);
b
a master of a ship or its owner or a charterer or operator or commander of an aircraft or an operator or a driver of a vehicle who —
i
without reasonable excuse, refuses or fails within a reasonable time to comply with any request made under articles 18, 19 or 20 by any person empowered to make it, or
ii
furnishes any document or information which to his or her knowledge is false in a material particular, or recklessly furnishes any document or information which is false in a material particular, to such a person in response to such a request;
c
a master, owner or a member of a crew of a ship or a charterer or an operator or a commander or a member of a crew of an aircraft or an operator or a driver of a vehicle who wilfully obstructs any such person (or any person acting under the authority of any such person) in the exercise of their powers under articles 18, 19 or 20.
4
Nothing in articles 18, 19 and 20 or this article shall be construed so as to prejudice any other provision of law conferring powers or imposing restrictions or enabling restrictions to be imposed with respect to ships, aircraft or vehicles.
GENERAL
Offences in connection with applications for licences, conditions attaching to licences, etc.
22
1
If, for the purposes of obtaining any licence under this Order, any person makes any statement or furnishes any document or information which to their knowledge is false in a material particular, or recklessly makes any statement or furnishes any document or information which is false in a material particular, they shall be guilty of an offence under this Order.
2
Subject to paragraph (3), any person who has done any act under the authority of a licence granted by the Governor under this Order and who fails to comply with any conditions attaching to that licence shall be guilty of an offence under this Order.
3
No person shall be guilty of an offence under paragraph (2) where they prove that the condition with which they failed to comply was modified, otherwise than with their consent, by the Governor after the doing of the act authorised by the licence.
Evidence and information
23
1
The provisions of Schedule 6 which contains further provisions about evidence and information shall have effect in order to facilitate the obtaining, by or on behalf of the Governor —
a
of evidence or information for the purpose of securing compliance with or detecting evasion of:
i
this Order in the Territory; or
ii
any law making provision with respect to the matters regulated by this Order that is in force in the United Kingdom, any of the Channel Islands or the Isle of Man or any British overseas territory;
b
of evidence of the commission of —
i
in the Territory, an offence under this Order or, with respect to any of the matters regulated by this Order, an offence relating to customs; or
ii
with respect to any of the matters regulated by this Order, an offence under the law of the United Kingdom, any of the Channel Islands or the Isle of Man or any British overseas territory;
c
of evidence or information establishing —
i
the nature and amount or quantity of any funds or economic resources owned, held or controlled by a designated person; or
ii
the nature of any financial transactions entered into by a designated person;
d
of evidence or information considered by the Governor appropriate to cooperate with any domestic or international investigation relating to the funds, economic resources or financial transactions of a designated person.
2
No information furnished or document produced by any person in pursuance of a request made under Schedule 6 shall be disclosed except —
a
with the consent of the person by whom the information was furnished or the document was produced, provided that a person who has obtained information or is in possession of a document only in their capacity as a servant or agent of another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or the possession of that document in his or her own right;
b
to any person empowered under Schedule 6 to request that the information furnished or the document produced be furnished or produced to any person holding or acting in any office under or in the service of —
i
the Crown in respect of the Government of the United Kingdom;
ii
the Government of the Isle of Man;
iii
the States of Guernsey or Alderney or the Chief Pleas of Sark;
iv
the States of Jersey; or
v
the Government of any other British overseas territory;
c
with a view to the institution of, or otherwise for the purposes of, any proceedings —
i
in the Territory, for an offence under this Order or with respect to any of the matters regulated by this Order, for any offence relating to customs, or
ii
for an offence under any law making provision with respect to such matters that is in force in the United Kingdom, any of the Channel Islands, the Isle of Man or any British overseas Territory;
d
to the Financial Services Authority of the United Kingdom or to any equivalent authority of any other country or territory.
Penalties
24
1
A person guilty of an offence under articles 4(1), 5(3), 6, 7(3) or 8(3) is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine or to both; or
b
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or to both.
2
A person guilty of an offence under articles 10(2), 11(2), 13, 21(3)(b)(ii) or paragraphs 4(1)(b) or (d) of Schedule 6 is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both; or
b
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or to both.
3
A person guilty of an offence under articles 17(4) or 22(1) or (2) is liable —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine of any amount or to both;
b
on summary conviction to a fine not exceeding £5,000 or its equivalent or to both.
4
A person guilty of an offence under articles 21(3)(a), 21(3)(b)(i), 21(3)(c), 30(4) or paragraph 4(1)(a) or (c) of Schedule 6 shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding £5,000 or its equivalent or to both.
5
A person guilty of an offence under articles 16 or 17(3) shall be liable on summary conviction to a fine not exceeding £5,000 or its equivalent.
6
If an offence under this Order committed by a body corporate is shown —
a
to have been committed with the consent or connivance of an officer of the body corporate, or
b
to be attributable to any neglect on the part of an officer of the body corporate,
the officer as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.
Proceedings
25
1
Proceedings against any person for an offence may be taken before the appropriate court in the Territory having jurisdiction in the place where that person is for the time being.
2
Summary proceedings for an offence alleged to have been committed outside the Territory, may be instituted at any time not later than 12 months from the date on which the person charged first enters the Territory after committing the offence.
3
No proceedings for an offence shall be instituted in the Territory except by or with the consent of the principal public officer of the Territory having responsibility for criminal prosecutions.
4
Irrespective of whether such consent has been obtained, paragraph (3) does not prevent —
a
the arrest of any person in respect of such an offence, or
b
the remand in custody or on bail of any person charged with such an offence.
5
In this article, “offence” means an offence under this Order.
6
No proceedings shall be instituted in the Territory by the Libyan authorities, or of any person or body in Libya, or of any person claiming through or for the benefit of any such person or body, in connection with any contract or other transaction where its performance was affected by reason of the measures taken by the Security Council in resolutions 1970 (2011) and 1973 (2011).
Notices
26
1
This article has effect in relation to any notice to be given to a person by the Governor under articles 14(4)(b) or 15(5)(a).
2
Any such notice may be given —
a
by posting it to their last known address; or
b
where the person is a body corporate, by posting it to the registered or principal office of the body corporate in the Territory.
3
Where the Governor does not have an address in the Territory for the person, the Governor shall make arrangements for the notice to be given to that person at the first available opportunity.
Exercise of the power of the Governor
27
1
The Governor may, to such extent and subject to such restrictions and conditions as he may think proper, delegate or authorise the delegation of any of his or her functions under this Order to any person or class or description of persons approved by the Governor.
2
In the case of a delegation referred to in paragraph (1) of this article, references in this Order to the Governor are to be construed accordingly.
3
The Governor may by regulations specify in the currency of the Territory the amount which is to be taken as equivalent to sums expressed in sterling in this Order.
Postponement etc. of the operation of Security Council resolutions
28
1
If the Security Council of the United Nations takes any decision which has the effect of postponing, suspending or cancelling the operation of Security Council resolutions 1970 (2011) and 1973 (2011), in whole or in part, Part 1 of this Order shall cease to have effect or its operation shall be postponed or suspended, in whole or in part, as the case may be, from the date that the decision of the Security Council comes into force.
2
The Governor shall publish particulars of the decision in a notice in the Gazette.
Miscellaneous
29
1
Any provision of this Order which prohibits the doing of an act except under the authority of a licence granted by the Governor shall not have effect in relation to any such act done anywhere other than the Territory, provided it is duly authorised.
2
An act is duly authorised for the purposes of paragraph (1) if —
a
it is done under the authority of a licence granted in accordance with any law in force in the place where it is done (and that law substantially corresponds to the relevant provisions of this Order); and
b
that licence is granted by the authority competent in that behalf under that law.
DISCLOSURE BY FINANCIAL INSTITUTIONS
Failure to disclose knowledge or suspicion
30
1
If a relevant institution knows or suspects that a relevant person —
a
is a designated person, or
b
has committed an offence under articles 10(2), 11(2), 13, 22(1) or (2), 30(4),
it shall disclose to the Governor the information or other matter specified in paragraph (2) as soon as is reasonably practicable after that information or other matter comes to its attention.
2
A relevant institution, when it makes a disclosure to the Governor under paragraph (1), shall state —
a
the information or other matter on which the knowledge or suspicion is based;
b
any information it holds about the relevant person by which the person can be identified; and
c
where the relevant person is a designated person, the nature and amount or quantity of any funds or economic resources held by the relevant institution for that person since the person first became a designated person.
3
A relevant institution shall inform the Governor without delay if it credits a frozen account in accordance with article 12(2).
4
A relevant institution which fails to comply with the requirement in paragraph (1), (2) or (3) is guilty of an offence under this Order.
5
In this article “relevant person” means —
a
a customer of the relevant institution;
b
a person who has been a customer of the relevant institution at any time on or after 26th February 2011 and has ceased to be a customer; or
c
a person with whom the relevant institution has had dealings in the course of business on or after that date.
6
Where a relevant institution discloses to the Governor —
a
its knowledge or suspicion that a person is a designated person or a person who has committed an offence under articles 10(2), 11(2), 13, 22(1) or (2) or 30(4); or
b
any information or other matter on which that knowledge or suspicion is based, under paragraph (2)(b) and (c) above;
the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.
PART 2 LISTS
Publicly available list of EU listed persons
31
The Governor shall —
a
maintain a list of EU listed persons;
b
cause the list to be published in the Gazette as necessary from time to time.
APPLICATION OF PART 1 TO EU LISTED PERSONS
Application of Part 1 to EU listed persons
32
1
Part 1 of this Order with article 15 as modified in paragraph (2) below and with the exception of article 28 shall apply to the territories listed in Schedule 2 to this Order, save that references to “designated persons” shall be to “EU listed persons” and references to 26th February 2011 in articles 15(2)(e) and 30(5)(b) shall be to 3rd March 2011.
2
In article 15(2) the following sub-paragraph (g) shall be inserted after sub-paragraph (f) —
g
payment necessary for humanitarian purposes, such as delivering or facilitating the delivery of assistance, including medical supplies, food, provision of electricity, humanitarian works, all the evacuation of foreign nationals from Libya.
GENERAL
Postponement etc. of the operation of the Council Regulations
33
1
If the Council of the European Union takes any decision which has the effect of postponing, suspending or terminating the operation of one or more of the Council Regulations, in whole or in part, Part 2 of this Order shall cease to have effect or its operation shall be postponed or suspended, in whole or in part, to the extent required, if at all, by that Council decision, from the date the decision of the Council comes into force.
2
The Governor shall publish particulars of the decision in a notice in the Gazette.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Railway Byelaws Amendment Order 2011 and comes into force 29 days after the day on which it is made.
Amendment of the Railway Byelaws
2
1
The Railway Byelaws made under section 219 of the Transport Act 2000 by the Strategic Rail Authority are amended as follows.
2
In Byelaw 25(1) (Interpretation)–
a
at the end of the definition of “railway”, insert “but does not include any railway asset of Transport for London or any of its subsidiaries and any train or other vehicle and any associated equipment which is for the time being used by a person for the purposes of providing railway services under an agreement with Transport for London or any of its subsidiaries.”; and
b
after the definition of “standard scale”, insert ““Subsidiary” has the same meaning as in section 1159 of the Companies Act 2006 .”
3
In Schedule 2 to the Railway Byelaws, omit the words “London Underground Limited” and “Tube Lines Limited”.
Signed by authority of the Secretary of State for Transport
Norman Baker
Parliamentary Under Secretary of State
Department for Transport
6th September 2011


text:
Citation and application
1
This Order —
a
may be cited as the Animal Welfare (Code of Practice for the Welfare of Gamebirds Reared for Sporting Purposes) (Appointed Day) (England) Order 2011; and
b
applies in England.
Appointed Day
2
The appointed day on which the Code of Practice for the Welfare of Gamebirds Reared for Sporting Purposes comes into force is 31st January 2011.
James Paice
Minister of State
Department for Environment, Food and Rural Affairs
26th January 2011


text:
Citation
1
This Order may be cited as the Borders, Citizenship and Immigration Act 2009 (Commencement No.2) Order 2011.
Appointed date
2
The date appointed for the coming into force of section 53 (transfer of certain immigration judicial review applications) of the Borders, Citizenship and Immigration Act 2009 is 8th August 2011.
Kenneth Clarke
Lord Chancellor
Ministry of Justice
14th July 2011