text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Education (Independent Educational Provision in England) (Inspection Fees) Regulations 2009 and come into force on 1st September 2009.
2
These Regulations apply to independent educational institutions in England which are independent schools, and in these Regulations “school” means an independent school.
3
In these Regulations —
“the 2002 Act ” means the Education Act 2002;
“the 2008 Act ” means the Education and Skills Act 2008;
“large school” means a school which, in the calendar year in question, has more than 150 pupils who have attained the age of three;
“small school” means a school which, in the calendar year in question, has 150 or fewer pupils who have attained the age of three.
4
In these Regulations a reference to an inspection —
a
where it takes place before the date on which sections 108 and 109 of the 2008 Act come into force for all purposes in relation to independent schools, is to an inspection conducted under section 162A(1)(a) of the 2002 Act;
b
where it takes place on or after that date, is to an inspection —
i
under section 108 of the 2008 Act, in the case of an inspection to which regulation 2 applies, or
ii
under section 109 of the 2008 Act, in the case of an inspection to which regulation 6 applies.
5
In these Regulations a reference to the number of pupils of a school who have attained the age of three in relation to a calendar year is a reference to the number of registered pupils at the school who —
a
attained that age during the period of 12 months ending with the 31st August immediately preceding the calendar year in question; and
b
are registered pupils at the school on the annual return date for the school for the calendar year in question.
6
In paragraph (5) —
“annual return” means the annual return required by regulations under section 168 of the Education Act 2002 ;
“annual return date” means the date to which the annual return is to be made up.
Fees for inspections by the Chief Inspector and time at which fees must be paid
2
1
The proprietor of a school must pay three fees to the Chief Inspector in respect of an inspection to which this regulation applies.
2
A fee payable under this regulation —
a
must be paid no later than 28 days after the Chief Inspector gives the proprietor a notification requesting payment of the fee, and
b
may be required to be paid before the inspection to which it relates takes place.
3
Only one fee payable under this regulation is required to be paid in any calendar year.
4
This regulation applies in respect of an inspection of a school which takes place on or after 1st September 2009 and which is not —
a
an initial inspection;
b
an inspection prompted by concerns arising from a complaint about that school; or
c
an inspection prompted by a request by the Tribunal in relation to an appeal to the Tribunal in relation to that school.
5
An initial inspection is the first inspection of a school which takes place after the school is entered on the register.
6
For the purposes of paragraph (5), the reference to a school being entered on the register —
a
where the school has been entered on the register of independent schools referred to in section 158(1)(a) of the 2002 Act, is to it being entered on that register; and
b
in any other case, is to it being entered on the register kept under section 95(1) of the 2008 Act.
Amount of fee in respect of an inspection to which regulation 2 applies
3
1
The amount of a fee to be paid by virtue of regulation 2(1) is determined in accordance with the following provisions of this regulation.
2
A fee payable in respect of an inspection to which regulation 2 applies is determined in accordance with the following Table:
Type of the school in the calendar year in which the fee is payable Whether the reduced tariff applies Fee payable
Large school No £1,666 Large school Yes £1,333 Small school No £200 + £9 per pupil Small school Yes £200 + £7.50 per pupil.
3
The Secretary of State has discretion to determine that a reduced tariff applies in respect of an inspection of a school to which regulation 2 applies, provided the inspection has not taken place at the time the determination is made.
4
In the Table in paragraph (2), the reference to whether or not the reduced tariff applies is a reference to whether or not the Secretary of State has determined under paragraph (3) that a reduced tariff applies in respect of an inspection of the school.
Fee not to be refunded where inspection does not take place
4
1
If an inspection in respect of which regulation 2 applies does not take place because the school is no longer registered, any fee paid in respect of that inspection in accordance with regulation 2(1) is not to be refunded.
2
Where a notification under regulation 2(2) has been given in relation to a fee in respect of that inspection the requirement to pay that fee is not affected by the fact that the inspection does not take place.
3
In paragraph (1), the reference to a school being registered —
a
where the inspection is conducted under section 162A(1)(a) of the 2002 Act, is to the school being entered on the register referred to in section 158(1)(a) of that Act; and
b
in any other case, is to the school being entered on the register kept under section 95(1) of the 2008 Act.
Waiver of fees in respect of an inspection to which regulation 2 applies
5
1
A fee payable in respect of an inspection to which regulation 2 applies (“the current inspection fee”), or any part of such a fee, may be waived in the circumstances described in paragraph (2).
2
The circumstances referred to in paragraph (1) are that —
a
the proprietor of a school has paid —
i
a fee in respect of an inspection under section 162A(1)(a) of the 2002 Act which took place on or after 1st April 2008 but before 1st September 2008 and which the proprietor was required to pay by regulation 5 of the Education (Independent School Inspection Fees and Publication) (England) Regulations 2003 ; or
ii
an instalment of a fee in respect of an inspection under section 162A(1)(a) of the 2002 Act which took place on or after 1st September 2008 but before 1st September 2009 and which the proprietor was required to pay by regulation 4(1) or 5(1) of the Education (Independent School Inspection Fees and Publication) (England) Regulations 2008 ; and
b
by reason of a payment referred to in sub-paragraph (a) the Chief Inspector considers it unreasonable for the proprietor to be required to pay the whole or part of the current inspection fee.
Fees for follow-up inspections and time at which they must be paid
6
1
The proprietor of a school which is the subject of an inspection to which paragraph (2) or (3) applies must pay a fee to the Chief Inspector in respect of that inspection.
2
This paragraph applies to an inspection of a school by the Chief Inspector which takes place on or after 1st September 2009 which is prompted by evidence, from an inspection (other than one to which this paragraph applies), that one or more of the independent educational institution standards is or are not being met in relation to the school.
3
This paragraph applies to any inspection of a school by the Chief Inspector which takes place on or after 1st September 2009 which is prompted by evidence, from an inspection to which paragraph (2) applies, that one or more of the independent educational institution standards is or are not being met in relation to the school.
4
A fee in respect of an inspection to which paragraph (2) or (3) applies must be paid no later than 28 days after a notification is given by the Chief Inspector requesting payment of the fee.
5
For the purposes of this regulation, a reference to the independent educational institution standards —
a
in relation to any time before the date on which regulations under section 94 of the 2008 Act come into force in relation to independent schools, is to —
i
the standards for the time being prescribed under section 157 of the 2002 Act, and
ii
in relation to early years provision for children who have attained the age of three, the Early Years Foundation Stage (see section 39 of the Childcare Act 2006 );
b
in relation to any time on or after that date, is to —
i
the standards for the time being prescribed in relation to independent schools under section 94 of the 2008 Act, and
ii
in relation to early years provision for children who have attained the age of three, the Early Years Foundation Stage (see section 39 of the Childcare Act 2006).
Amount of fees in respect of inspection to which regulation 6 applies
7
1
The fee in respect of an inspection to which regulation 6 applies is determined in accordance with the Table in paragraph (2).
2
The Table referred to in paragraph (1) is as follows:
Type of the school in the calendar year in which the inspection takes place Whether the reduced tariff applies Fee payable in respect of an inspection to which regulation 6(2) applies Fee payable in respect of an inspection to which regulation 6(3) applies
Large school No £1,100 £2,499 Large school Yes £888 £1,999 Small school No £133 + £6 per pupil £300 + £13.50 per pupil Small school Yes £133 + £5 per pupil £300 + £10.75 per pupil.
3
In the Table in paragraph (2), the reference to whether or not the reduced tariff applies is a reference to whether or not the Secretary of State has determined under regulation 3(3) that the reduced tariff applies in respect of an inspection of a school.
Notifications
8
1
A notification under regulation 2(2) or 6(4) may be sent to the proprietor by post or transmitted electronically.
2
If the notification is transmitted electronically it is to be treated as given only if —
a
the proprietor had indicated to the Chief Inspector willingness to receive notification by electronic means and provided an address suitable for that purpose, and
b
the notification was sent to that address.
The Education (Independent School Inspection Fees and Publication) (England) Regulations 2008: revocation and saving
9
1
Regulations 4 to 7 of the Education (Independent School Inspection Fees and Publication) (England) Regulations 2008 (“the 2008 Regulations ”) are revoked subject to the saving in paragraph (2).
2
Where —
a
a school was inspected on or after 1st September 2008 but before 1st September 2009; and
b
the proprietor was required to pay a fee in relation to that inspection,
regulations 4 to 7 of the 2008 Regulations continue to have effect in relation to any liability to pay an instalment of a fee in relation to that inspection where the liability to pay the instalment accrued before 1st September 2009.
Diana Johnson
Parliamentary Under Secretary of State
Department for Children, Schools and Families
1st July 2009


type: legislation

jurisdiction: UK

text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Wireless Telegraphy (Crown Recognised Spectrum Access) Regulations 2009 and shall come into force on 23rd January 2009.
2
These Regulations shall not extend to the Channel Islands or to the Isle of Man.
Circumstances of use
2
The circumstances of the use of a wireless telegraphy station or wireless telegraphy apparatus, specified for the purpose of section 18(1)(b) of the Wireless Telegraphy Act 2006, are circumstances where the station or apparatus is operated within any of the frequency bands listed in the Schedule by or on behalf of the Crown.
Time limit for dealing with grants of recognised spectrum access
3
A decision on an application for a grant of recognised spectrum access which is made to the Office of Communications (“OFCOM”) will be made, notified to the applicant and published not more than six weeks after the day of the receipt of the application by OFCOM.
Requirements that must be met for a grant of recognised spectrum access
4
1
Before a grant of RSA is made, OFCOM must receive an application by or on behalf of the Crown which contains —
a
the name and address of the person applying; and
b
the frequency band in the Schedule in respect of which it is proposed that the grant is made.
Restrictions and conditions to which a grant of recognised spectrum access is subject
5
A grant of recognised spectrum access may be subject to —
a
a condition providing for the duration of the grant;
b
a restriction on the exercise by OFCOM of their power to revoke or modify the grant;
c
a condition requiring payment of fees; and
d
conditions describing the limits of the use of the electromagnetic spectrum which is recognised by the grant by reference to —
i
the location of the wireless telegraphy station or wireless telegraphy apparatus;
ii
the purpose of use of the electromagnetic spectrum;
iii
the frequencies for that use; and
iv
the strength and type of signal.
Ed Richards
Chief Executive of the Office of Communications
for and by the authority of the Office of Communications
9th January 2009


text:
Citation
1
1
This Order may be cited as the European Union (Amendment) Act 2008 (Commencement No.1) Order 2009.
Commencement
2
Section 3 of, and the Schedule to, the European Union (Amendment) Act 2008 shall come into force on 1 December 2009.
David Miliband
Secretary of State
Foreign and Commonwealth Office
30th November 2009


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2009 and shall come into force on the 6th April 2009.
2
In these Regulations “the principal Regulations ” means the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005 .
Amendment of regulation 3 of the principal Regulations
2
1
Regulation 3 (entitlement to benefit) of the principal Regulations is amended as follows.
2
In paragraph (3)(a)(iii), (d)(iii) and (e)(ii)(aa), for the sum of “£15,575” substitute “£16,040”.
3
In paragraph (3)(a)(iii) and (d)(iii), for “except as provided for under paragraph (7) the person is not entitled to working tax credit ” substitute “the person is not entitled to working tax credit or is treated as not being so entitled by virtue of paragraph (7)”.
4
For paragraph (3)(e)(ii)(bb) substitute —
bb
either is not entitled to working tax credit or is treated as not being so entitled by virtue of paragraph (7).
.
Amendment of regulation 8 of the principal Regulations
3
In regulation 8(3) (issue of voucher) of the principal Regulations, for the sum of “£3.00” substitute “£3.10”.
Amendment to Schedule 2 to the principal Regulations
4
For paragraph 4(1)(a)(iii) of Schedule 2 of the principal Regulations, substitute —
iii
child tax credit, where the relevant income of the person or persons to whom the award of child tax credit is made under section 14 of the Tax Credit Act 2002 is determined at the time of the award not to exceed £16,040, and the person is either not entitled to working tax credit or is treated as not being so entitled by virtue of regulation 3(7); or
.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
13th February 2009


text:
This Order may be cited as the General Medical Council (Registration Appeal Panels Procedure) (Amendment) Rules Order of Council 2009, and shall come into force on 16th November 2009.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the M62 and M606 Motorways (Chain Bar Roundabout) (Car Share Lane) Regulations 2009 and shall come into force on 15th September 2009.
Interpretation
2
In these Regulations —
“the 1982 Regulations ” means the Motorways Traffic (England and Wales) Regulations 1982 ;
“the 2002 Regulations ” means the Traffic Signs Regulations and General Directions 2002 ;
“the M62 ” means the special road known as the M62 Motorway;
“the M606 ” means the special road known as the M606 Motorway;
“ car share lane ” means the free-flow link road connecting the nearside lane of the M606 southbound carriageway with the nearside lane of the M62 eastbound carriageway and bypassing Chain Bar Roundabout, commencing at marker post 1/8 on the M606 southbound carriageway and ending at marker post 102/2 on the M62 eastbound carriageway, a total distance of 2750 metres;
“carriageway” has the same meaning as in the 1982 Regulations;
“emergency refuge area” means a part of the M62 or M606 —
which is adjacent to and situated on the left-hand or near side of the carriageway of the car share lane when facing in the direction in which, in accordance with regulation 6 of the 1982 Regulations, vehicles may be driven, and
whose boundary with the carriageway of the car share lane is indicated by a marking of the type shown in diagram 1010 in Schedule 6 to the 2002 Regulations;
“operating weight” has the meaning given to it by section 138(2) of the Road Traffic Regulation Act 1984;
“goods vehicle” means a motor vehicle constructed or adapted for use for the carriage of goods or a trailer so constructed or adapted where the operating weight does not exceed 7.5 tonnes;
“taxi” has the same meaning as in regulation 4 of the 2002 Regulations; and
“traffic officer” has the same meaning as in the 1982 Regulations.
Restriction on use of car share lane
3
It is prohibited to drive or move in the car share lane —
a
a motor car, taxi or a goods vehicle, unless it is carrying at least one person in addition to the driver; or
b
a heavy commercial vehicle .
Exceptions to the prohibition on use of the car share lane
4
The prohibition in regulation 3 shall not apply —
a
to any person using the car share lane, where they do so in accordance with —
i
any direction or permission given by a constable in uniform; or
ii
any direction or permission given by a traffic officer in uniform; or
iii
any indication given by a traffic sign;
b
where it is necessary for a person to use the car share lane to avoid or prevent an accident;
c
where it is necessary for a person to use the car share lane in order to stop on a hard shoulder or an emergency refuge area for any of the reasons set out in regulation 7(2)(a) to (d) of the 1982 Regulations;
d
to any vehicle being used by —
i
a police officer in uniform;
ii
a traffic officer in uniform;
iii
any member of an ambulance service; or
iv
any employee of a fire and rescue authority;
where such vehicle is being used in the exercise of their duties; or
e
where it is necessary for a person to use the car share lane to carry out in an efficient manner —
i
the maintenance, repair, cleaning, clearance, alteration or improvement of that section of the motorway;
ii
the removal of any vehicle from that section of the motorway; or
iii
the erection, laying, placing, maintenance, testing, alteration, repair or removal of any structure, works or apparatus in, on, under, or over any part of that section of the motorway.
Signed by authority of the Secretary of State for Transport
Sadiq Khan
Minister of State
Department for Transport
19th August 2009


text:
Citation
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Contribution to Costs of Special Resolution Regime) Regulations 2009.
Interpretation
2
In these Regulations —
“ the Act ” means the Financial Services and Markets Act 2000;
“the 2009 Act ” means the Banking Act 2009;
“Amount A” has the meaning set out in regulation 4(2)(a)(vii)(aa);
“Amount B” has the meaning set out in regulation 5(2);
“amount of recovery” has the meaning set out in regulation 8(1);
“banking institution” means —
a bank (within the meaning of section 2 of the 2009 Act);
a building society (within the meaning of section 119 of the Building Societies Act 1986 );
a holding company (within the meaning of section 82 of the 2009 Act); or
if an order has been made under section 89 of the 2009 Act applying Part 1 of that Act to credit unions (within the meaning of section 31 of the Credit Unions Act 1979 or, in Northern Ireland, Article 2 of the Credit Unions (Northern Ireland) Order 1985 ), a credit union;
“compensation scheme order” has the meaning set out in section 49(2) of the 2009 Act;
“ COMP Sourcebook ” means the Authority’s Compensation Sourcebook as amended from time to time, made by the Authority under the Act;
“court” means the High Court or the Court of Session;
“determination notice” has the meaning set out in regulation 8(6);
“eligible claimant” means a person who is eligible to make a claim under the scheme in respect of a deposit at a banking institution (see rule 4.2.1. of the COMP Sourcebook);
“end of the resolution” means the time at which the scheme manager receives the final notification under regulation 5 or 6;
“ FEES 6 Chapter ” means Chapter 6 (Financial Services Compensation Scheme Funding) of the Fees Manual as amended from time to time, made by the Authority under the Act;
“protected deposit” means a protected deposit under the scheme (see rule 5.3.1 of the COMP Sourcebook);
“qualifying claimant” means an eligible claimant who, if the banking institution were to have been in default for the purposes of the COMP Sourcebook immediately before the relevant time, would have had a claim against the banking institution in respect of a protected deposit;
“relevant time” means the time at which a stabilisation power takes effect in respect of a banking institution and, if more than one stabilisation power is exercised, means the time at which the first stabilisation power so exercised takes effect;
“resolution fund order” has the meaning set out in section 49(3) of the 2009 Act;
“revised determination notice” has the meaning set out in regulation 9(3);
“scheme” means the compensation scheme;
“stabilisation power” means one of the stabilisation powers referred to in section 1(4) of the 2009 Act and a reference to the exercise of a stabilisation power includes the exercise of more than one stabilisation power in respect of or in connection with the same banking institution;
“third party compensation scheme order” has the meaning set out in section 49(4) of the 2009 Act; and
“total liability” has the meaning set out in regulation 5(6).
Liability of the scheme
3
1
The scheme manager may be required under section 214B of the Act to make payments —
a
in connection with the transfer of rights and liabilities in respect of protected deposits,
b
in connection with the transfer of any other property, rights and liabilities of the banking institution,
c
to a bank administrator in connection with the pursuit of Objective 1 (and “bank administrator” and “Objective 1” have the meanings given in sections 141 and 138 of the 2009 Act respectively), and
d
in connection with taking the banking institution into temporary public ownership in accordance with section 13 of the 2009 Act.
2
Those payments include payments in respect of expenses incurred by the Bank of England or the Treasury in connection with the activities in paragraph (1).
Notification
4
1
Where section 214B applies, and the Treasury requires the scheme manager to make payments under regulation 3, the Treasury will notify the scheme manager as soon as practicable.
2
The notification under paragraph (1) —
a
shall include —
i
the name and address of the banking institution in respect of which, or in connection with which, the stabilisation power has been exercised,
ii
a statement that the Treasury think that the banking institution was or, but for the exercise of the stabilisation power, would have become unable to satisfy claims against it,
iii
details of the stabilisation power exercised,
iv
details of when it was exercised,
v
details of the transferee (if any),
vi
the activities in regulation 3 in connection with which the scheme manager is required to make payments,
vii
subject to regulation 6(2), either —
aa
a calculation of the provisional amount (“Amount A”) of the scheme’s liability in respect of the activities in sub-paragraph (vi) and any information and assumptions upon which this calculation is based, or
bb
(if insufficient information is known at the time the notification is made), an estimate of Amount A,
viii
details as to any payments to be made by the scheme manager in respect of Amount A and when those payments are to be made,
ix
details of the person to whom any payments are to be made; and
b
may also include —
i
any relevant conditions to be satisfied before payments are to be made, and
ii
any further information that the Treasury consider necessary in respect of payments to be made.
3
Amount A, and any other information contained in a notification may be adjusted from time to time by the Treasury sending a revised notification to the scheme manager.
4
A notification under this regulation may be given by such means as the Treasury consider appropriate.
Payment after the end of the resolution
5
1
This regulation applies when the notification under regulation 4(1) requires the scheme manager to make payments after the end of the resolution.
2
Following receipt of the notification, the scheme manager will, by any methodology or approach it considers appropriate, make an assessment of the amount of compensation (“Amount B”) that qualifying claimants would, immediately before the relevant time, have been entitled to claim from the scheme in respect of protected deposits if —
a
the banking institution was in default (see rule 6.3.1 of the COMP Sourcebook) immediately before the relevant time, and
b
the stabilisation power had not been exercised and no other order or instrument under Parts 1 to 3 of the 2009 Act would have been made in relation to or in connection with the banking institution,
and the scheme manager will notify Amount B, together with any calculations or assumptions made in carrying out the assessment, to the Treasury.
3
For the purposes of paragraph (2), if the quantification date for a claim would have been a date other than the date upon which the banking institution would have been in default, the amount that a qualifying claimant would have been entitled to claim from the scheme is the lesser of —
a
the amount which the scheme manager quantifies as being the value of that claim as at the time immediately before the relevant time, and
b
the amount that would have been payable at the quantification date, if different, for that claim,
and in this paragraph, “quantification date” means the date the banking institution would have been in default or the day the protected deposit would have been due and payable (if later) (see rule 12.3.1 of the COMP Sourcebook).
4
Amount B may be adjusted from time to time by the scheme manager and any such adjustment shall be notified to the Treasury by the scheme manager as soon as reasonably practicable after the adjustment is made.
5
If, at any time, Amount A is greater than Amount B then, subject to paragraph (6), the scheme’s liability will be reduced to Amount B and the scheme manager will notify this to the Treasury.
6
The scheme’s liability will be further reduced by —
a
the amount of recovery set out in the determination notice or in the revised determination notice under regulations 8 or 9,
b
the amount of compensation (if any) actually paid out under the scheme to eligible claimants in respect of protected deposits held with the banking institution, and
c
the amount of any other compensation which the scheme has become liable to pay under a provision made under section 61(2) of the 2009 Act,
to give the scheme’s total liability (“the total liability”).
7
When the Treasury have received sufficient information to calculate the scheme’s total liability and consider that no further revised notifications are to be made, the Treasury will —
a
calculate the scheme’s total liability, and
b
appoint a person to carry out an independent verification of the total liability,
and the costs of the appointment will be borne jointly by the Treasury and the scheme.
8
After the independent verification has taken place, the Treasury will —
a
make any adjustments to the total liability as a result of the verification, and
b
send a final notification to the scheme manager that a payment is required, setting out the scheme’s total liability and the date by which the payment is to be made.
9
The Treasury and the scheme manager may agree that it is neither appropriate nor reasonable to make further revised notifications under regulations 4(3) or 5(4), and, following such an agreement, paragraphs (7) and (8) will apply.
Payment before the end of the resolution
6
1
This regulation applies when the notification under regulation 4(1) or a revised notification under 4(3) requires the scheme manager to make payments before the end of the resolution.
2
The notification or revised notification must also contain an estimate of the total liability, to the best of the Treasury’s knowledge in the circumstances at the time the notification is made and for the purpose of this regulation, this estimate shall constitute Amount A.
3
The scheme manager will pay Amount A in accordance with the timetable for payments set out in the notification.
4
Regulations 5(2) to (7) and (9) will then apply.
5
After the independent verification has taken place, the Treasury will —
a
make any adjustments to the total liability as a result of the verification, and
b
send a final notification to the scheme manager setting out the scheme’s total liability, a summary of the amounts paid or to be paid by the scheme, and the date when any outstanding payments (if any) are to be made.
6
If the scheme’s total liability is less than the aggregate amount already paid by the scheme manager in accordance with the notification, the scheme manager will notify the Treasury and the Treasury will refund the difference.
7
The Treasury will pay any refund within 28 days of the final notification.
8
The Treasury will pay interest on the refunded amount at such a rate as may be agreed between the Treasury and the scheme manager.
9
For the purposes of paragraph (8) —
a
interest shall be calculated from the date on which the amount paid by the scheme manager under the notification or a revised notification first exceeded the total liability, and
b
where the notification or a revised notification required several payments to be made, interest shall be calculated on each amount paid by the scheme manager after the date referred to in paragraph (a) from the date on which the relevant amount was paid.
Independent valuer
7
1
After making a notification under regulation 4(1), the Treasury must make arrangements for an independent valuer to perform the function in regulation 8(1).
2
Where section 54 of the 2009 Act applies and the Treasury makes provision for the appointment of an independent valuer in a compensation scheme order, a resolution fund order or a third party compensation scheme order, the Treasury may specify that the independent valuer may perform the function in regulation 8(1).
3
Where the Treasury do not make the specification in paragraph (2), Part 1 of the Schedule to these Regulations shall apply.
Function of the independent valuer
8
1
The independent valuer must calculate the amount that would have been likely to be recovered by the scheme from the banking institution (“the amount of recovery”) if immediately before the relevant time —
a
the banking institution was in default (see rule 6.3.1 of the COMP Sourcebook),
b
the institution had entered into insolvency, and
c
the scheme manager had paid the amount of compensation that qualifying claimants would have been entitled to receive.
2
For the purposes of paragraph (1)(b), where regulation 7(2) applies and a valuation principle specified in the compensation scheme order, resolution fund order or third party compensation scheme order requires the independent valuer to assume the banking institution is in a specified insolvency procedure, in sub-paragraph (1)(b), for “insolvency”, substitute a reference to the specified insolvency procedure.
3
The independent valuer may do anything necessary or desirable for the purposes of or in connection with calculating the amount of recovery.
4
The independent valuer may apply to the court for an order requiring the provision of information reasonably required for the purposes of calculating the amount of recovery and in that event paragraph 12 of the Schedule shall apply.
5
Paragraphs 13 to 16 of the Schedule apply to information obtained by the independent valuer in connection with the function specified in paragraph (1).
6
When the amount of recovery has been calculated, the independent valuer will give the scheme manager and the Treasury notice in writing of the determination (“the determination notice”).
7
The determination notice shall contain the following information —
a
the date on which it is issued,
b
the amount of recovery, and
c
assumptions and calculations relevant to the determination.
8
The scheme manager may publish the determination notice on the scheme’s website.
Appeal against the amount of recovery
9
1
If the scheme manager or the Treasury are dissatisfied with the determination notice, the Treasury or the scheme manager may require the independent valuer to reconsider his or her determination.
2
The request must be made within 3 months of the date of the determination notice and must —
a
set out the reasons for disputing the amount of recovery, and
b
be in writing.
3
Where the independent valuer is required to reconsider the determination made under regulation 8, he or she must give the Treasury and the scheme manger notice in writing of his or her revised determination (“the revised determination notice”).
4
The revised determination notice must contain the information specified in regulation 8(7).
5
If the Treasury or the scheme manager is dissatisfied with the revised determination notice, either may apply to the court.
6
On receiving an application under paragraph (5), the court may require the independent valuer to redetermine his or her revised determination and may give directions, including directions as to costs (in Scotland, expenses).
7
Where paragraph (6) applies, paragraphs (3), (4) and (8) will apply to any re-determination in accordance with a direction of the court.
8
The scheme manager may publish the revised determination notice on the scheme’s website.
Application to the court
10
1
An application may be made to the court by the Treasury or the scheme manager for the resolution of disputes arising under these Regulations.
2
An application may concern —
a
a calculation or assumption made, or
b
the timing or any issue relating to the making of payments,
but no application may be made under this regulation in respect of any determination or revised determination made by the independent valuer under regulations 8 or 9.
3
On receipt of an application the court may give directions as to —
a
the revising of a calculation,
b
the assumptions to be made when revising that calculation,
c
the independent verification of a revised calculation,
d
the timing or any issue relating to the making of payments, and
e
any other such matters, including directions as to the adjustment of the total liability as a result of any revised calculations as the court thinks fit.
4
The court shall give directions as to costs (in Scotland, expenses) of the application.
Payments made under these Regulations to constitute payment of compensation under the scheme
11
1
For the purposes of Part 15 of the Act, the COMP Sourcebook and the FEES 6 Chapter —
a
any payments made by the scheme manager under these Regulations in respect of protected deposits shall constitute payment of compensation to each qualifying claimant in respect of claims under the scheme against the banking institution for protected deposits;
b
on the scheme manager receiving the notification from the Treasury under regulation 4(1) —
i
the banking institution shall be deemed to be in default for purposes of section 213, the COMP Sourcebook and the FEES 6 Chapter,
ii
each qualifying claimant shall be deemed to have made an application for compensation for the purpose of the COMP Sourcebook and the FEES 6 Chapter, and
iii
each qualifying claimant shall be deemed to have accepted an offer of compensation made by the scheme and to have received payment for such compensation for the purposes of the COMP Sourcebook and the FEES 6 Chapter,
and, accordingly, a qualifying claimant has no right to claim, and the scheme has no obligation to pay, any further compensation in respect of a protected deposit with that banking institution.
2
For the purposes of this regulation —
a
where all or part of the business of a banking institution has been transferred to a bridge bank under section 12 of the 2009 Act, the bridge bank is to be treated as being the same banking institution as the institution in respect of which the stabilisation power was exercised;
b
where the banking institution has been taken into temporary public ownership under section 13 of the 2009 Act, when that institution ceases to be publicly owned, it shall be treated as a new banking institution; and
c
a “qualifying claimant” means a qualifying claimant whose protected deposit has been dealt with by the exercise of the stabilisation power.
Bob Blizzard
Alistair Darling
Two of the Lords Commissioners of Her Majesty’s Treasury
29th March 2009


text:
PART 1 Introductory
Citation, commencement and interpretation
1
1
This Order may be cited as the Health Professions Council (Constitution) Order 2009 and —
a
apart from article 5(h), comes into force on 1st July 2009;
b
article 5(h) comes into force on the coming into force of section 44(1) of the Safeguarding Vulnerable Groups Act 2006 (registers: power to apply for vetting information).
2
In this Order —
“chair” means the chair of the Council;
“final outcome”, in relation to any proceedings where there are rights of appeal, means the outcome of the proceedings —
once the period for bringing an appeal has expired without an appeal being brought; or
if an appeal is brought in accordance with those rights, once those rights have been exhausted;
“licensing body” means —
any body, other than the Council, anywhere in the world that licenses or regulates any profession;
the Council for the Professions Supplementary to Medicine, prior to its abolition by virtue of the Order ;
“member”, unless the context otherwise requires, means a registrant member or a lay member and includes the chair; and
“the Order” means the Health Professions Order 2001;
“spent conviction” means —
in relation to a conviction by a court in Great Britain, a conviction that is a spent conviction for the purposes of the Rehabilitation of Offenders Act 1974 ; or
in relation to a conviction by a court in Northern Ireland, a conviction that is a spent conviction for the purposes of the Rehabilitation of Offenders (Northern Ireland) Order 1978 .
PART 2 Membership of the Health Professions Council
Composition of the Council
2
The Council shall consist of 10 registrant members and 10 lay members.
Terms of office of members
3
1
The duration of the term of office of each member of the Council is to be determined by the Privy Council, on appointment.
2
No member of the Council may hold office as a member of the Council for more than an aggregate of 8 years during any period of 20 years.
3
For the purposes of the computation of years under paragraph (2), service as a member of the Council before 1st July 2007 is to be discounted.
Education and training of members
4
The Council shall make provision in standing orders with respect to the requirements with regard to education and training of members of the Council, and those standing orders may provide for —
a
that education and training to be the responsibility of another body; and
b
those requirements to be set and varied by that body from time to time.
Disqualification from appointment as a member
5
A person is disqualified from appointment as a member of the Council if that person —
a
has at any time been convicted of an offence involving dishonesty or deception in the United Kingdom and the conviction is not a spent conviction;
b
has at any time been convicted of an offence in the United Kingdom, and —
i
the final outcome of the proceedings was a sentence of imprisonment or detention, and
ii
the conviction is not a spent conviction;
c
has at any time been removed —
i
from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners, the Charity Commission, the Charity Commission for Northern Ireland or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity —
aa
for which the person was responsible or to which the person was privy, or
bb
which the person by their conduct contributed to or facilitated, or
ii
under —
aa
section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (powers of Court of Session to deal with management of charities), or
bb
section 34(5)(e) of the Charities and Trustee Investment (Scotland) Act 2005 (powers of the Court of Session),
from being concerned with the management or control of any body;
d
has at any time been removed from office as the chair, or as a member, convenor or director, of any public body on the grounds, in terms, that it was not in the interests of, or conducive to the good management of, that body that the person should continue to hold that office;
e
at any time has been adjudged bankrupt or sequestration of the person’s estate has been awarded, and —
i
the person has not been discharged, or
ii
the person is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986 or Schedule 2A of the Insolvency (Northern Ireland) Order 1989 (which relate to bankruptcy restrictions orders and undertakings);
f
has at any time made a composition or arrangement with, or granted a trust deed for, the person’s creditors and the person has not been discharged in respect of it;
g
is subject to —
i
a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986 ,
ii
a disqualification order under Part 2 of the Companies (Northern Ireland) Order 1989 (company directors disqualification),
iii
a disqualification order or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002 , or
iv
an order made under section 429(2) of the Insolvency Act 1986 (disabilities on revocation of a county court administration order);
h
has been included by —
i
the Independent Barring Board in a barred list (within the meaning of the Safeguarding Vulnerable Groups Act 2006 or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 ), or
ii
the Scottish Ministers in the children’s list or the adults’ list (within the meaning of the Protection of Vulnerable Groups (Scotland) Act 2007 );
i
has at any time been subject to any investigation or proceedings concerning the person’s fitness to practise by any licensing body, the final outcome of which was —
i
the person’s suspension from a register held by the licensing body, and that suspension has not been terminated,
ii
the removal of a person’s entry in a register held by the licensing body or a decision that had the effect of preventing the person from practising the profession licensed or regulated by the licensing body, or
iii
a decision that had the effect of only allowing the person to practise that profession subject to conditions, and those conditions have not been lifted;
j
has at any time been subject to any investigation or proceedings concerning the person’s fitness to practise by the Council, in the course of which or where the final outcome has been that —
i
the person has been struck off the register (for a reason connected to the person’s fitness to practise),
ii
the person’s registration in the register has been suspended (including by an interim suspension order) and that suspension has not been terminated,
iii
the person’s registration in the register has been made conditional upon their compliance with any requirement (including an interim conditions of practice order) and that requirement has not been lifted, or
iv
the person’s registration in the register has been annotated by virtue of a caution order and that order is still in force;
k
has at any time been subject to any investigation or proceedings relating to an allegation that the person’s entry in the register was fraudulently procured, the final outcome of which was the removal of the person’s entry in the register;
l
is or has been subject to any investigation or proceedings concerning the person’s fitness to practise by —
i
any licensing body, or
ii
the Council,
and the Privy Council is satisfied that the person’s membership of the Council would be liable to undermine public confidence in the regulation of registrants; or
m
has at any time been convicted of an offence elsewhere than in the United Kingdom and the Privy Council is satisfied that the person’s membership of the Council would be liable to undermine public confidence in the regulation of registrants.
Removal of members from office
6
1
A member shall be removed from office by the Privy Council, if —
a
the member resigns, which a member may do at any time by a notice in writing to the Privy Council;
b
in the case of —
i
a registrant member, that member’s registration lapses, or
ii
a lay member, that member becomes a person who no longer satisfies the criteria for being a lay member in paragraph 1A(1)(b) of Schedule 1 to the Order (membership: general);
c
the member becomes a person of the type mentioned in article 5(a), (b) or (e) to (h) (irrespective of whether or not they subsequently cease to be a person of the type mentioned in those provisions);
d
the member becomes a person of the type mentioned in article 5(c) or (d);
e
in the case of a registrant member, the member has become the subject of any investigation or proceedings concerning the member’s fitness to practise by the Council, as a result of which —
i
the member has been struck off the register,
ii
the member’s registration in the register has been suspended,
iii
the member’s registration in the register has been made conditional upon the member’s compliance with any requirement, or
iv
the person’s registration in the register has been annotated by virtue of a caution order,
and the proceedings relating to that particular sanction have reached their final outcome;
f
in the case of a registrant member, the member has become the subject of any investigation or proceedings relating to an allegation that the member’s entry in the register was fraudulently procured or incorrectly made, the final outcome of which is the removal of the member’s entry in the register;
g
the Privy Council is satisfied that the member’s level of attendance at meetings of the Council falls below a minimum level of attendance acceptable to the Privy Council, having regard to —
i
any recommended minimum levels of attendance that the Council has set in its standing orders, and
ii
whether or not there were reasonable causes for the member’s absences;
h
the Privy Council is satisfied that the member has failed, without reasonable cause, to undertake satisfactorily the requirements with regard to education and training for members that apply to that member and which the Council has included in its standing orders;
i
the Privy Council is satisfied that the member is no longer able to perform their duties as a member of the Council because of adverse physical or mental health;
j
the Privy Council is satisfied that the member’s continued membership of the Council would be liable to undermine public confidence in the regulation of registrants.
2
A member who becomes, or may be about to become, a person to whom paragraph (1)(b) to (f) applies must notify the Privy Council and the Council in writing of that fact as soon as the person becomes aware of it.
3
Any member or employee of the Council may notify the Privy Council if they are of the view that the Privy Council may need to exercise its functions under paragraph (1).
4
The chair shall notify the Privy Council if the chair is aware that —
a
a member has become, or may be about to become, a person to whom paragraph (1)(b) to (f) applies; and
b
that member has not notified the Privy Council in writing of that fact and the chair is not satisfied that the member will do so immediately.
Suspension of members from office
7
1
The Privy Council may suspend a member from office by a notice in writing served on the member —
a
if the Privy Council has reasonable grounds for suspecting that the member has become a person to whom article 6(1)(b)(ii) to (d) applies, for the purposes of determining whether or not the member has become such a person;
b
while the Privy Council is considering whether or not it is satisfied as to the matters set out in article 6(1)(g) to (j);
c
if the member is subject to any investigation or proceedings concerning the member’s fitness to practise by —
i
any licensing body, or
ii
the Council,
and the Privy Council is satisfied that it would not be appropriate for the member to continue to participate in proceedings of the Council while the investigation or proceedings concerning the member’s fitness to practise is or are ongoing;
d
if the member is subject to any investigation or proceedings concerning whether the member’s entry in the register was fraudulently procured or incorrectly made and the Privy Council is satisfied that it would not be appropriate for the member to continue to participate in proceedings of the Council while the investigation or proceedings concerning the member’s entry in the register is or are ongoing; or
e
if the member is subject to any investigation or proceedings in the United Kingdom relating to a criminal offence, or elsewhere than in the United Kingdom relating to an offence which, if committed in any part of the United Kingdom, would constitute a criminal offence, and —
i
either —
aa
the investigation or proceedings relate to an offence involving dishonesty or deception, or
bb
the final outcome of the investigation or proceedings may be that the person is sentenced to a term of imprisonment or detention, and
ii
the Privy Council is satisfied that it would not be appropriate for the member to continue to participate in proceedings of the Council while the investigation or proceedings is or are ongoing.
2
The Privy Council shall suspend a registrant member from office by a notice in writing served on the member if the member is the subject of an order under article 31 of the Order (interim orders by a Practice Committee).
3
The notice in writing under paragraph (1) or (2) shall set out the reasons for the suspension and the duration of the period of suspension, which shall (in the first instance) not be for more than 6 months.
4
The Privy Council may stay its consideration under paragraph (1) of whether or not to suspend a member while the Council considers whether or not to suspend the member provisionally under standing orders of the Council.
5
If a member has been suspended provisionally under standing orders of the Council —
a
the Council shall notify the Privy Council in writing of the provisional suspension as soon as is reasonably practicable; and
b
the Privy Council shall consider the matter with a view to determining whether or not to suspend the member under paragraph (1) or to remove the member under article 6(1).
6
If after considering the matter under paragraph (5)(b), the Privy Council decides not to suspend the member, and not to remove the member from office, the Council must terminate its provisional suspension of the member under its standing orders.
7
The Privy Council —
a
may at any time review a suspension of a member by it; and
b
shall review any suspension of a member by it after 3 months from the start of the period of suspension, if requested to do so by the suspended member.
8
Following a review, the Privy Council may —
a
terminate the suspension;
b
if that review is within 3 months of the end of a period of suspension, extend the suspension for a further period of up to 6 months from the date on which the suspension would otherwise come to an end.
9
The Privy Council shall notify the suspended member in writing of the outcome of any review and that notice shall include the reasons for any decision taken.
PART 3 Chair of the Council
Appointment, term of office and cessation of office of the chair
8
1
The Privy Council shall, as one of its functions relating to the appointment of members of the Council, appoint the chair of the Council.
2
The Privy Council may appoint a person to be chair of the Council —
a
when it appoints that person to be a member of the Council; or
b
whom it has already appointed as a member of the Council.
3
The term of office of a member of the Council as chair is to be determined by the Privy Council on appointment of the member as chair, but it shall be for a period that is no longer than the period between the chair’s date of appointment as chair and the date on which the chair’s term of office as a member is due to expire (irrespective of whether or not they are thereafter reappointed as a member).
4
A member serving as chair shall cease to be chair —
a
on ceasing to be a member;
b
if the member resigns as chair, which the member may do at any time by a notice in writing to the Privy Council;
c
if the member’s membership of the Council is suspended by the Privy Council; or
d
if a majority of the Council, excluding the chair (but not simply a majority at a quorate meeting) passes a vote of no confidence in the chair.
Deputising arrangements in respect of the chair
9
1
Subject to paragraph (2), if, for any reason, the chair is absent from a meeting of the Council, the members who are present at that meeting shall nominate one of their number to serve as chair at that meeting.
2
If, for any reason —
a
the Council is on notice that its chair is likely —
i
to be absent for more than one meeting of the Council, or
ii
to be unavailable to perform the duties of its chair for more than one month; or
b
the office of chair is vacant,
the Council may nominate a member (“deputy chair”) to serve as chair during the absence or unavailability of the chair or the vacancy.
3
A member serving as deputy chair shall cease to be deputy chair —
a
in the case of —
i
the absence or unavailability of the chair, on the date which the chair notifies the Council in writing is the date on which they are able to resume their duties, or
ii
the office of chair being vacant, once the vacancy is filled;
b
if the member ceases to be a member;
c
if the member resigns as deputy chair, which the member may do at any time by a notice in writing to the Council;
d
if the member’s membership of the Council is provisionally suspended by the Council or suspended by the Privy Council; or
e
if the Council votes (by a majority at a quorate meeting) to terminate the member’s appointment as deputy chair.
PART 4 Proceedings of the Council
Quorum of the Council
10
The quorum of the Council is 11.
Effect of vacancies etc. on the validity of proceedings
11
1
The validity of any proceedings of the Council is not affected by —
a
any vacancy among the members of the Council;
b
any defect in the appointment of a member of the Council;
c
a member whom the Privy Council must remove from the Council under article 6(1)(b) to (f) participating in the proceedings;
d
a member whom the Privy Council has removed under article 6(1) having participated in the proceedings; or
e
a member who has been provisionally suspended by the Council under its standing orders or suspended by the Privy Council under article 7(1) or (2) having participated in the proceedings.
2
Notwithstanding paragraph (1)(c), a member whom the Privy Council must remove from the Council under article 6(1)(b) to (f) is not entitled to participate in proceedings of the Council, pending the member’s removal from the Council by the Privy Council.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Street Works (Inspection Fees) (England) (Amendment) Regulations 2009 and shall come into force on 6th April 2009.
Preliminary
2
The Street Works (Inspection Fees) (England) Regulations 2002 are amended as follows.
Amendment to regulations 3 (inspection fees)
3
In regulation 3, in paragraphs (1) and (8), for “£25.00” there shall be substituted “£50.00”.
Signed by authority of the Secretary of State for Transport
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
19th January 2009


text:
Citation, commencement and effect
1
1
This Order may be cited as the Value Added Tax (Emissions Allowances) Order 2009 and comes into force on 31st July 2009.
2
This Order has effect in relation to supplies made on or after 31st July 2009.
Amendment of Schedule 8 to the Value Added Tax Act 1994
2
Schedule 8 to the Value Added Tax Act 1994 (zero-rating) is amended as follows.
3
In Part 1 (index to zero-rated supplies of goods and services) insert at the appropriate place —
Emissions allowances Group 17
.
4
In Part 2 after Group 16 insert —
GROUP 17 — EMISSIONS ALLOWANCES Item No
1
The supply of an emissions allowance.
NOTES
1
An “emissions allowance” means —
a
a Community tradeable emissions allowance,
b
a unit issued pursuant to the Kyoto Protocol, or
c
any option relating to any such allowance or unit.
2
“Community tradeable emissions allowance” has the meaning given in section 16(6) of the Finance Act 2007 .
3
“The Kyoto Protocol” means the Kyoto Protocol to the United Nations Framework Convention on Climate Change signed at Kyoto on 11th December 1997 .
4
“Unit” includes an assigned amount unit, a certified emission reduction, an emission reduction unit and a removal unit.
.
Steve McCabe
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
30th July 2009


text:
Citation and commencement
1
This Order may be cited as the Prevention of Terrorism Act 2005 (Continuance in force of sections 1 to 9) Order 2009 and shall come into force on 11th March 2009.
Continuance in force of sections 1 to 9 of the Prevention of Terrorism Act 2005
2
Sections 1 to 9 of the Prevention of Terrorism Act 2005 shall not expire in accordance with Article 2 of the Prevention of Terrorism Act 2005 (Continuance in force of sections 1 to 9) Order 2008 but shall continue in force for a period of one year beginning with 11th March 2009.
Jacqui Smith
One of Her Majesty’s Principal Secretaries of State
Home Office
5th March 2009


text:
Citation and commencement
1
This Order may be cited as the Court Martial Appeal Court (Evidence) Order 2009 and shall come into force on 31st October 2009.
Interpretation
2
1
In this Order —
“the 1988 Act ” means the Criminal Justice Act 1988;
“the 1999 Act ” means the Youth Justice and Criminal Evidence Act 1999.
Application and modification of section 32 of the 1988 Act
3
1
Section 32(1) and (3) of the 1988 Act shall have effect in relation to proceedings before the Court Martial Appeal Court subject to the modifications for which paragraph 8(2)(a) of Schedule 13 to that Act provides, and to the modification specified in paragraph (2).
2
Section 32(1) of the 1988 Act shall have effect as if for the words “to which subsection (1A) below applies” there were substituted “before the Court Martial Appeal Court”.
Application and modification of Chapter 1A of Part 2 of the 1999 Act
4
1
Sections 33A to 33C of the 1999 Act shall apply to proceedings before the Court Martial Appeal Court, subject to the modifications specified in paragraphs (2) to (5).
2
In sections 33A to 33C of the 1999 Act any reference to the accused is to be read as a reference to the person charged with an offence to which the proceedings before the Court Martial Appeal Court relate (whether or not he has been convicted).
3
Section 33A(1) of the 1999 Act has effect as if for the words “(whether in a magistrates’ court or before the Crown Court) against a person for an offence” there were substituted “before the Court Martial Appeal Court”.
4
Section 33A(8) of the 1999 Act has effect as if the words “and, if it is a magistrates’ court, it must cause those reasons to be entered in the register of its proceedings” were omitted.
5
Section 33B(2)(a) of the 1999 Act has effect as if for the words “judge or justices (or both)” to the end there were substituted “judge or judges”.
Application and modification of sections 63 and 65 of the 1999 Act
5
1
Sections 63 and 65 of the 1999 Act, so far as having effect for the purposes of Chapter 1A of Part 2 of that Act, shall apply in relation to proceedings before the Court Martial Appeal Court, subject to the modifications specified in paragraphs (2) to (3).
2
Section 63(1) of the 1999 Act has effect as if —
a
for the definition of “court” there were substituted ““court” means the Court Martial Appeal Court;”;
b
for the definition of “legal representative” there were substituted ““legal representative” means a person appointed as a legal representative under rules under section 49 of the Court Martial Appeals Act 1968;” ; and
c
in the definition of “witness” the reference to criminal proceedings were a reference to proceedings before the Court Martial Appeal Court.
3
Section 65(1) of the 1999 Act has effect as if for the words “Criminal Procedure Rules” there were substituted “Rules under section 49 of the Court Martial Appeals Act 1968”.
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
17th September 2009


text:
Citation and commencement
1
These Regulations may be cited as the Operation of Air Services in the Community Regulations 2009 and come into force on 26th January 2009.
Revocation
2
The Regulations listed in Schedule 1 are revoked to the extent there specified.
Interpretation
3
1
In these Regulations —
“the CAA ” means the Civil Aviation Authority;
“the EC Regulation ” means Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24th September 2008 on common rules for the operation of air services in the Community ;
“United Kingdom national” has the same meaning as in section 105(1) of the Civil Aviation Act 1982 .
2
The expressions “Community air carrier”, “competent licensing authority”, “dry lease agreement”, “operating licence”, “scheduled air service”, “traffic right” and “wet lease agreement” have the meanings given by Article 2 of the EC Regulation.
PART 1 Operating licences
Existing operating licences
4
A licence granted by the CAA under Council Regulation (EC) 2407/92 of 23rd July 1992 on licensing of air carriers shall, in relation to times on or after 26th January 2009, be deemed for all purposes (including for the purposes of any enactment) to be an operating licence granted by the CAA under the EC Regulation.
Competent licensing authority in relation to operating licences
5
The CAA is the competent licensing authority for the United Kingdom for the purposes of Articles 3 to 11, 14 and 15(3) of the EC Regulation.
Proof of good repute etc.
6
For the purpose of ensuring that an applicant for or holder of an operating licence granted by the CAA complies with Article 4(i) and 7 of the EC Regulation, the CAA may require proof that the person who continuously and effectively manages that undertaking–
a
is not an undischarged bankrupt, and
b
is otherwise of good repute.
Suspension and revocation
7
1
The CAA may revoke or suspend an operating licence that it has granted.
2
The CAA may exercise its powers under paragraph (1) only after notifying the licence holder of its intention to do so and after due consideration of the case and any representations made by the licence holder.
Date of revocation or suspension of an operating licence
8
1
Where the CAA revokes or suspends an operating licence that it has granted —
a
on the application of the holder, or
b
in consequence of a request made by the Commission under Article 15(3) of the EC Regulation,
unless otherwise specified by the CAA the revocation or suspension has effect on and from the day after the date on which the holder is notified of the decision.
2
In all other cases a revocation or suspension does not take effect before the expiry of the 14-day period specified in paragraph 3 of Schedule 2.
3
If an appeal in accordance with regulation 9(1) is brought within the 14-day period specified in paragraph 3 of Schedule 2, the revocation or suspension does not take effect before the determination or abandonment of the appeal.
Appeal to the Secretary of State
9
1
Where the CAA–
a
refuses to grant an operating licence, or
b
decides to revoke or suspend a licence that it has granted,
the applicant for or the holder of the licence may appeal to the Secretary of State.
2
Paragraph (1) does not apply if the reason for the CAA’s decision is a request by the Commission under Article 15(3) of the EC Regulation.
3
If the CAA decides that the holder of a licence that it has granted has not implemented corrective measures specified in a request made by the Commission under Article 15(3) the licence holder may appeal to the Secretary of State.
4
The provisions of Schedule 2 apply to any appeal.
Restriction on carriage of passengers by an air carrier
10
1
Where this paragraph applies a Community air carrier must not carry by air on a flight a passenger for remuneration or hire.
2
Paragraph (1) applies where a person has made accommodation for carriage on that flight available to that passenger in circumstances where that person is obliged to but does not hold a licence required by the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 1995 .
Offences relating to operating licences
11
1
It is an offence for a person knowingly or recklessly to carry by air passengers, mail or cargo for remuneration or hire without an appropriate operating licence granted by the CAA in circumstances where such a licence is required by the EC Regulation.
2
For the purposes of determining whether an offence has been committed under paragraph (1), it is immaterial that such carriage occurred outside the United Kingdom if when it occurred the person —
a
was a United Kingdom national,
b
was a body incorporated under the law of any part of the United Kingdom, or
c
was a person (other than a United Kingdom national or such a body) maintaining a place of business in the United Kingdom.
12
A Community air carrier is guilty of an offence if it knowingly or recklessly carries by air any passenger in breach of regulation 10.
13
It is an offence for a person knowingly or recklessly to provide information that is false in a material particular, for the purpose of —
a
obtaining an operating licence for that person,
b
procuring an operating licence for another person, or
c
maintaining an operating licence.
PART 2 Leased aircraft
Registration of aircraft
14
1
For the purposes of Article 12(1) of the EC Regulation the Secretary of State must decide whether aircraft used by an air carrier that holds an operating licence issued by the CAA are to be registered in the United Kingdom national register or within the Community.
2
The CAA must, at the request of the Secretary of State, publish in its Official Record the decision taken by the Secretary of State under paragraph (1).
3
The CAA is the competent licensing authority for the United Kingdom for the purposes of Article 12(2).
Approval for and restriction on use of leased aircraft
15
The Secretary of State is the competent licensing authority for the purposes of granting an approval under Article 13(3) of the EC Regulation, for determining whether one of the conditions set out in Article 13(3)(b) is fulfilled and for the purposes of Article 13(4).
16
The CAA is the competent licensing authority for the purposes of granting safety approvals in accordance with Article 13(2) and for the purposes of Article 13(3)(a) of the EC Regulation.
17
1
Save as provided in paragraph (3), where this paragraph applies the CAA must, subject to any conditions it thinks fit, issue an approval to an air carrier that holds an operating licence that it has granted.
2
Paragraph (1) applies where such an air carrier intends to enter into —
a
a dry lease agreement as lessor,
b
a dry lease agreement as lessee in circumstances where the CAA is satisfied that the aircraft may be used safely, or
c
a wet lease agreement in respect of an aircraft registered in the Community as lessee with a Community air carrier.
3
No approval is required under paragraph (1) where the CAA is required to approve the use of an aircraft pursuant to Annex III of Council Regulation ( EEC ) No 3922/91 of 16th September 1991 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation .
18
1
Subject to paragraph (2), an operating licence is not valid for the purpose of enabling an air carrier that holds an operating licence granted by the CAA to use an aircraft that is not registered according to the decision of the Secretary of State under regulation 14.
2
Paragraph (1) does not apply where —
a
a Community air carrier has obtained prior approval for the use of an aircraft pursuant to a dry lease agreement or a wet lease agreement in accordance with regulation 17 or Article 13 of the EC Regulation, or
b
by virtue of regulation 17(3) an approval is not required.
Offences relating to leased aircraft
19
An air carrier which without reasonable excuse fails to obtain the necessary approval for the use of a leased aircraft is guilty of an offence.
20
An air carrier which without reasonable excuse fails to comply with conditions of any necessary approval is guilty of an offence.
21
For the purposes of regulations 19 and 20 the necessary approval is the approval specified in regulation 17 or in Article 13(3) of the EC Regulation.
PART 3 Access to routes
Competent authority in relation to access to intra-Community air services
22
The Secretary of State is the competent authority for the purposes of Articles 16 to 21 of the EC Regulation.
Secretary of State’s duty
23
1
The obligation of the Secretary of State, when taking any decision under Article 16, 17 or 18 of the EC Regulation, to comply with —
a
the provisions of the applicable Article, and
b
any enforceable Community obligation applicable to the imposition of a public service obligation concerning a scheduled air service,
is a duty owed to Community air carriers.
2
A breach of that duty shall be actionable by any Community air carrier which, in consequence, suffers, or risks suffering, loss or damage.
3
Any proceedings under this regulation must be brought in the High Court in England, Wales or Northern Ireland, or before the Court of Session in Scotland.
4
Proceedings under this regulation must be brought promptly and in any event within 3 months from the date when grounds for the bringing of proceedings first arose unless the Court considers that there is good reason for extending the period within which proceedings may be brought.
5
Subject to paragraph (6), but otherwise without prejudice to any other powers of the Court, in proceedings brought under this regulation the Court may —
a
by interim order suspend the implementation of any decision taken under Article 16, 17 or 18; and
b
if satisfied that a decision taken by the Secretary of State is in breach of the duty under paragraph (1) do either or both of the following —
i
order the setting aside of that decision, or
ii
award damages to an air carrier which has suffered loss or damage as a consequence of the breach.
6
If the breach of the duty under paragraph (1) occurred in relation to an existing contract to operate services on a route subject to a public service obligation, the Court may only award damages in respect of that breach.
Restriction on the operation of air services
24
Where a public service obligation has been imposed on a route under Article 16(1) of the EC Regulation, a Community air carrier may only operate a scheduled air service on that route —
a
in accordance with the obligation, and
b
in a case where access to that route has been limited under Article 16(9), if it has been selected to operate that route.
Offences
25
A Community air carrier is guilty of an offence if it knowingly or recklessly exercises traffic rights —
a
on routes within the United Kingdom, between the United Kingdom and Gibraltar or between the United Kingdom and another Member State in breach of regulation 24;
b
in breach of —
i
any traffic distribution rules imposed by the Secretary of State under Article 19(2) of the EC Regulation, or
ii
any conditions, limitations or refusals imposed by the Secretary of State under Article 20(1).
PART 4 Provision of information
Requirement to provide information
26
The Secretary of State may, by written notice served in accordance with regulation 4 of the Civil Aviation Authority Regulations 1991 on an air carrier with an operating licence issued by the CAA, require that carrier to provide, in such form and at such times as may be specified in the notice, information required by the Commission under Article 26 of the EC Regulation.
Offences
27
Such an air carrier is guilty of an offence if —
a
it fails, without reasonable excuse, to comply with the requirements of a notice served on it under regulation 26;
b
in purported compliance with the requirements of any such notice it knowingly or recklessly provides information that is false in a material particular.
PART 5 Penalties etc.
Penalties
28
A person guilty of an offence under these Regulations is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum, and
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Offences by body corporate or Scottish partnership
29
1
Where an offence under these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate or any person purporting to act in any such capacity, that officer or person as well as the body corporate is guilty of that offence and is liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with that member’s functions of management as if that member were a director of the body.
3
Where a Scottish partnership is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner as well as the partnership is guilty of that offence and is liable to be proceeded against and punished accordingly.
Proceedings in Scotland
30
1
Subject to paragraph (2), summary proceedings for an offence under these Regulations may be commenced in Scotland within a period of 6 months from the date on which evidence sufficient in the opinion of the procurator fiscal to warrant proceedings came to his knowledge.
2
No such proceedings may be commenced by virtue of this regulation more than 3 years after the commission of the offence.
3
For the purposes of this regulation, a certificate signed by, or on behalf of, the procurator fiscal and stating the date on which evidence sufficient in the procurator fiscal’s opinion to warrant the proceedings came to the knowledge of the procurator fiscal is conclusive evidence of that fact.
4
A certificate stating that matter and purporting to be so signed is deemed to be so signed unless the contrary is proved.
5
Subsection (3) of section 136 of the Criminal Procedure (Scotland) Act 1995 (date of commencement of proceedings) applies for the purposes of this regulation as it applies for the purposes of that section.
Power to direct that an aircraft must not fly
31
1
Where this paragraph applies the CAA may —
a
direct the person appearing to it to be in command of an aircraft not to permit the aircraft to take off until it has informed that person that the direction is cancelled,
b
whether or not it has given such a direction, detain the aircraft until it is satisfied that the aircraft will not take off.
2
Paragraph (1) applies where the CAA has reason to believe that an aircraft is intended to be used by —
a
a person without an appropriate operating licence in circumstances where such a licence is required, or
b
an air carrier in breach of the restrictions set out in regulation 10 or 18.
32
It is an offence for a person, without reasonable excuse, to fail to comply with a direction given under regulation 31.
PART 6 Consequential amendments
The Civil Aviation Act 1982
33
In each of sections 17(1)(c), 64(2)(d) and 84(1)(a) of the Civil Aviation Act 1982 for “the Community licensing Regulation” substitute “the Operation of Air Services in the Community Regulation”.
34
In section 69A of that Act —
a
in subsection (2)(d) for “the Community access Regulation” substitute “the Operation of Air Services in the Community Regulation”;
b
in subsection (3) for “articles 3 to 6 of the Community access Regulation” substitute “article 16 of the Operation of Air Services in the Community Regulation”;
c
in subsection (8) —
i
the definition of “the Community access Regulation” is omitted;
ii
in the definition of “Community air carrier” for “the Community access Regulation” substitute “the Operation of Air Services in the Community Regulation”; and
iii
in the definition of “operating licence” for “Community licensing Regulation” substitute “the Operation of Air Services in the Community Regulation”.
35
In section 105(1) of that Act —
a
the definition of “the Community licensing Regulation” is omitted; and
b
after the definition of “modifications” there is inserted ““the Operation of Air Services in the Community Regulation” means Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24th September 2008 on common rules for the operation of air services in the Community;”.
The Civil Aviation Authority Regulations 1991
36
In regulation 3(1) for the definition of “operating licence” substitute —
“operating licence” means an operating licence granted by the CAA under Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24th September 2008 on common rules for the operation of air services in the Community ;
.
The Air Navigation Order 2005
37
In article 138(1) for sub-paragraph (b) substitute —
b
it is exercising traffic rights permitted by Chapter III of Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24th September 2008 on common rules for the operation of air services in the Community .
.
Signed by authority of the Secretary of State
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
15th January 2009


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2009 and shall come into force as follows —
a
regulations 1 to 3 on 1st April 2009;
b
regulation 4 on 6th April 2009;
c
regulation 5 on 7th April 2009.
2
In these Regulations —
“the Charges Regulations ” means the National Health Service (Charges for Drugs and Appliances) Regulations 2000 ; and
“the Travel Expenses and Remission of Charges Regulations ” means the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 .
Amendment of the Charges Regulations to increase charges
2
1
The Charges Regulations are amended as follows.
2
In each of the following provisions, for “£7.10” in each place that it occurs substitute “£7.20” —
a
regulation 3(1)(a) and (b), (1A)(b)(i) and (ii) and (4) (charges for the supply of drugs and appliances by chemists);
b
regulation 4(1)(a) and (b) and (4) (charges for the supply of drugs and appliances by doctors);
c
regulation 4A(1)(a) and (b) (charges for the out of hours supply of drugs and appliances by providers of out of hours services);
d
regulation 5(1)(a) and (d) and (5) (charges for the supply of drugs and appliances by NHS trusts, NHS foundation trusts and Primary Care Trusts);
e
regulation 6(1)(a) and (b) and (4) (charges for the supply of drugs and appliances at Walk-in Centres); and
f
regulation 6A(1) (charges for the supply of drugs under Patient Group Directions).
3
In each of the following provisions, for “£14.20” in each place that it occurs substitute “£14.40” —
a
regulation 3(1)(a) and (1A)(b)(i) (charge for the supply of a pair of elastic hosiery by chemists);
b
regulation 4(1)(a) (charge for the supply of a pair of elastic hosiery by doctors);
c
regulation 4A(1)(a) (charge for the out of hours supply of a pair of elastic hosiery by providers of out of hours services);
d
regulation 5(1)(a) and (c) (charge for the supply of a pair of elastic hosiery or tights by NHS trusts, NHS foundation trusts or Primary Care Trusts); and
e
regulation 6(1)(a) (charge for the supply of a pair of elastic hosiery at Walk-in Centres).
4
In regulation 9 (pre-payment certificates) —
a
in paragraphs (4), (6)(a), (11)(a) and (12), for “£27.85” substitute “£28.25”;
b
in paragraphs (4), (6)(b) and (11)(b) and (c)(i) and (ii), for “£102.50”, in each place that it occurs, substitute “£104.00”; and
c
in paragraph (6)(c), for “£10.25” substitute “£10.40”.
5
In column (2) of Schedule 1 (charges for fabric supports and wigs) substitute —
a
for “£24.00”, “£24.35”;
b
for “£36.30”, “£36.80”;
c
for “£59.20”, “£60.00”;
d
for “£156.60, “£158.90”; and
e
for “£229.05”, “£232.45”.
Transitional provision relating to the Charges Regulations
3
Where, on or after 1st April 2009 —
a
any appliance specified in Schedule 1 to the Charges Regulations is supplied pursuant to an order given before that date; or
b
any pre-payment certificate is granted under regulation 9 of the Charges Regulations pursuant to an application under that regulation which was received before that date,
the Charges Regulations shall have effect in relation to that supply, or as the case may be, the grant of, or any refund in relation to, that certificate, as if these Regulations had not come into force.
Amendment of regulation 5 of the Travel Expenses and Remission of Charges Regulations
4
In regulation 5 of the Travel Expenses and Remission of Charges Regulations (entitlement to full remission and payment), in paragraph (1), for “£15,050” substitute “£15,276”.
Amendment of Schedule 1 to the Travel Expenses and Remission of Charges Regulations
5
1
Schedule 1 to the Travel Expenses and Remission of Charges Regulations (modifications of the Income Support (General) Regulations 1987) is amended as follows.
2
In column 2 of Table A —
a
in the entry relating to regulation 45, for “£22,250” substitute “£23,000”; and
b
in the entry relating to regulation 53 —
i
for “£13,500” substitute “£14,000”; and
ii
for “£22,250” substitute “£23,000”.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
27th February 2009


text:
Citation and commencement
1
1
These Regulations may be cited as the Crime and Disorder (Overview and Scrutiny) Regulations 2009.
2
These Regulations shall come into force in respect of local authorities in England on 30th April 2009 and in respect of local authorities in Wales on 1st October 2009.
Interpretation
2
In these Regulations —
“ 2006 Act ” means the Police and Justice Act 2006;
“depersonalised information” means information which does not constitute personal data within the meaning of the Data Protection Act 1998 .
Co-opting of additional members
3
1
The crime and disorder committee of a local authority may co-opt additional members to serve on the committee subject to paragraphs (2), (3), (4) and (5).
2
A person co-opted to serve on a crime and disorder committee shall not be entitled to vote on any particular matter, unless the committee so determines.
3
A co-opted person’s membership may be limited to the exercise of the committee’s powers in relation to a particular matter or type of matter.
4
A crime and disorder committee shall only co-opt a person to serve on the committee who —
a
is an employee, officer or member of a responsible authority or of a co-operating person or body; and
b
is not a member of the executive of the committee’s local authority (or authorities).
5
The membership of a person co-opted to serve on a crime and disorder committee may be withdrawn at any time by the committee.
Frequency of meetings
4
A crime and disorder committee shall meet to review or scrutinise decisions made, or other action taken, in connection with the discharge by the responsible authorities of their crime and disorder functions as the committee considers appropriate but no less than once in every twelve month period.
Information
5
1
Where a crime and disorder committee makes a request in writing for information, as defined in section 20(6A) of the 2006 Act , to the responsible authorities or the co-operating persons or bodies, the authorities, or persons or bodies (as applicable) must provide such information in accordance with paragraphs (2) and (3).
2
The information referred to in paragraph (1) must be provided no later than the date indicated in the request save that if some or all of the information cannot reasonably be provided on such date, that information must be provided as soon as reasonably possible.
3
The information referred to in paragraph (1) —
a
shall be depersonalised information, unless (subject to sub-paragraph (b)) the identification of an individual is necessary or appropriate in order to enable the crime and disorder committee to properly exercise its powers; and
b
shall not include information that would be reasonably likely to prejudice legal proceedings or current or future operations of the responsible authorities, whether acting together or individually, or of the co-operating persons or bodies.
Attendance at committee meetings
6
1
Subject to paragraph (2), a crime and disorder committee may require the attendance before it of an officer or employee of a responsible authority or of a co-operating person or body in order to answer questions.
2
The crime and disorder committee may not require a person to attend in accordance with paragraph (1) unless reasonable notice of the intended date of attendance has been given to that person.
Reports and recommendations
7
Where a crime and disorder committee makes a report or recommendations to a responsible authority or to a co-operating person or body in accordance with section 19(8)(b) of the 2006 Act, the responses to such report or recommendations of each relevant authority, body or person shall be —
a
in writing; and
b
submitted to the crime and disorder committee within a period of 28 days from the date of the report or recommendations or, if this is not reasonably possible, as soon as reasonably possible thereafter.
Vernon Coaker
Minister of State
Home Office
6th April 2009


text:
Citation and Commencement
1
This Order may be cited as the Pensions Increase (Review) Order 2009 and comes into force on 6th April 2009.
Interpretation
2
1
In this Order —
“the 1971 Act ” means the Pensions (Increase) Act 1971 ;
“the 1975 Act ” means the Social Security Pensions Act 1975;
“basic rate” and “derivative pension” have the meanings given by section 17(1) of the 1971 Act ;
“the existing Orders ” means the Pensions Increase (Annual Review) Order 1972, the Pensions Increase (Annual Review) Order 1973, the Pensions Increase (Annual Review) Order 1974, the Pensions Increase (Annual Review) Order 1975, the Pensions Increase (Annual Review) Order 1976, the Pensions Increase (Annual Review) Order 1977, the Pensions Increase (Annual Review) Order 1978, the Pensions Increase (Review) Order 1979, the Pensions Increase (Review) Order 1980, the Pensions Increase (Review) Order 1981, the Pensions Increase (Review) Order 1982, the Pensions Increase (Review) Order 1983, the Pensions Increase (Review) Order 1984, the Pensions Increase (Review) Order 1985, the Pensions Increase (Review) Order 1986, the Pensions Increase (Review) Order 1987, the Pensions Increase (Review) Order 1988, the Pensions Increase (Review) Order 1989, the Pensions Increase (Review) Order 1990, the Pensions Increase (Review) Order 1991, the Pensions Increase (Review) Order 1992, the Pensions Increase (Review) Order 1993, the Pensions Increase (Review) Order 1994, the Pensions Increase (Review) Order 1995, the Pensions Increase (Review) Order 1996, the Pensions Increase (Review) Order 1997, the Pensions Increase (Review) Order 1998, the Pensions Increase (Review) Order 1999, the Pensions Increase (Review) Order 2000, the Pensions Increase (Review) Order 2001, the Pensions Increase (Review) Order 2002, the Pensions Increase (Review) Order 2003, the Pensions Increase (Review) Order 2004, the Pensions Increase (Review) Order 2005, the Pensions Increase (Review) Order 2006, the Pensions Increase (Review) Order 2007 and the Pensions Increase (Review) Order 2008 ;
“official pension” has the meaning given by section 5(1) of the 1971 Act ;
“pension authority” has the meaning given by section 7(1) of the 1971 Act;
“qualifying condition” means one of the conditions laid down in section 3 of the 1971 Act ;
“relevant injury pension”, “substituted pension” and “widow’s pension” have the meanings given by section 17(1) of the 1971 Act .
2
For the purposes of this Order the time when a pension “begins” is that stated in section 8(2) of the 1971 Act , and the “beginning date” shall be construed accordingly.
3
Where, for the purposes of this Order, it is necessary to calculate the number of complete months in any period an incomplete month shall be treated as a complete month if it consists of at least 16 days.
Pension increases
3
1
The pension authority may, if any of the conditions in paragraph (2) are fulfilled, increase the annual rate of an official pension in respect of any period on or after 6th April 2009 as follows —
a
a pension beginning before 7th April 2008 may be increased by 5.0 per cent of the basic rate (as increased by the amount of any increase under section 1 of the 1971 Act or the existing Orders);
b
a pension beginning on or after 7th April 2008 and before 6th April 2009 may be increased by 5.0 per cent multiplied by
A
B
¯
where
A is the number of complete months in the period between the beginning date of the pension and 6th April 2009; and
B is 12.
2
Those conditions are —
a
a qualifying condition is satisfied;
b
the official pension is —
i
a derivative pension;
ii
a substituted pension; or
iii
a relevant injury pension.
Increases in certain lump sums
4
1
This article applies to any lump sum or instalment of a lump sum which became payable on or after 7th April 2008 but before 6th April 2009.
2
The pension authority may increase a lump sum or instalment of a lump sum to which this article applies by 5.0 per cent of the amount of the lump sum or instalment (as increased by the amount of any increase under section 1 of the 1971 Act or the existing Orders) multiplied by
A
B
¯
where
A is the number of complete months in the period between the beginning date for the lump sum or, if later, 7th April 2008 and the date on which it became payable; and
B is 12.
Reductions in respect of guaranteed minimum pensions
5
The amount by reference to which any increase in the rate of an official pension provided for by this Order is to be calculated shall, in the case of a person —
a
who is entitled to a guaranteed minimum pension on 6th April 2009; and
b
whose entitlement to that guaranteed minimum pension arises from an employment from which (either directly or by virtue of the payment of a transfer credit) entitlement to the official pension also arises,
be reduced by an amount equal to the rate of the guaranteed minimum pension unless the Treasury otherwise direct, in accordance with the provisions of section 59A of the 1975 Act.
6
The amount by reference to which any increase in the rate of a widow’s or widower’s pension provided for by this Order is to be calculated shall, where the pensioner becomes entitled on the death of the deceased spouse to a guaranteed minimum pension, be reduced in accordance with section 59(5ZA) of the 1975 Act.
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
16th March 2009


text:
Citation and commencement
1
This Order —
a
may be cited as the Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) (Amendment) Order 2009, and
b
comes into force on the day after the day on which it is made.
Amendment
2
In the Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 , after article 23 insert the following article —
Retirement Benefits
23A
Regulation 30 (retirement benefits) of the Local Authorities (Capital Finance and Accounting) (England) Regulations 2003 shall apply in relation to the Board as if the Board were a local authority for the purposes of that regulation.
.
Huw Irranca-Davies
Parliamentary Under-Secretary of State
Department for Environment, Food and Rural Affairs
24th June 2009


text:
Citation, commencement and application
1
1
These regulations may be cited as the Education (School and Local Education Authority Performance Targets) (England) (Amendment) Regulations 2009 and come into force on 1st September 2009.
2
These regulations apply in relation to England.
Amendment of the Education (School Performance Targets) (England) Regulations 2004
2
1
The Education (School Performance Targets) (England) Regulations 2004 are amended in accordance with the following provisions of this regulation.
2
In regulation 5 —
a
in paragraph (2), for the word “target” substitute “targets”;
b
for paragraph (3), substitute —
3
The targets referred to in paragraph (2) are —
a
the percentage of the relevant group of pupils in the fourth key stage to achieve the level 2 threshold in approved qualifications including grades A*-C in English and Mathematics GCSE qualifications;
b
the percentage of those of the relevant group of pupils in the fourth key stage taking an approved GCSE qualification in English to achieve a grade in that qualification that is at least equivalent to the expected level of progression from the level achieved in the NC test in English at the end of the second key stage; and
c
the percentage of those of the relevant group of pupils in the fourth key stage taking an approved GCSE qualification in Mathematics to achieve a grade in that qualification that is at least equivalent to the expected level of progression from the level achieved in the NC test in mathematics at the end of the second key stage.
; and
c
for paragraph (8), substitute —
8
For the purposes of paragraphs (3)(b) and (c) of this regulation, the expected level of progression is that which is shown in the table at Schedule 1A.
.
3
For Schedule 1A substitute —
SCHEDULE 1A
Regulation 5(3) and (8)(b)
National Curriculum level achieved at the end of Key Stage 2 Expected grade at GCSE
5 B 4 C 3 D 2 E 1 F Below level 1 G
.
Amendment of the Education (Local Education Authority Performance Targets) (England) Regulations 2005
3
1
The Education (Local Education Authority Performance Targets) (England) Regulations 2005 are amended in accordance with the following provisions of this regulation.
2
In paragraph 3 of the Schedule —
a
For sub-paragraph(1), substitute —
1
In connection with the performance of the relevant group of fourth key stage pupils in approved qualifications —
a
a target for the percentage of the relevant group of fourth key stage pupils to achieve the level 2 threshold in approved qualifications including grades A*-C in English and Mathematics GCSE qualifications;
b
a target for the percentage of those of the relevant group of fourth key stage pupils taking an approved GCSE qualification in English to achieve a grade in that qualification that is at least equivalent to the expected level of progression from the level achieved in the NC test in English at the end of the second key stage; and
c
a target for the percentage of those of the relevant group of fourth key stage pupils taking an approved GCSE qualification in Mathematics to achieve a grade in that qualification that is at least equivalent to the expected level of progression from the level achieved in the NC test in mathematics at the end of the second key stage.
.
3
For sub-paragraph (2), substitute —
2
For the purposes of sub-paragraphs (1)(b) and (c) of this paragraph, the expected level of progression is that which is shown in the table below.
National Curriculum level achieved at the end of Key Stage 2 Expected grade at GCSE
5 B 4 C 3 D 2 E 1 F Below level 1 G
.
Vernon Coaker
Minister of State
Department for Children, Schools and Families
30th June 2009