text:
PART 1 Introduction
Citation, application and commencement
1
These Regulations may be cited as the Horse Passports Regulations 2009; they apply in England and come into force on 1st August 2009.
Meaning of “horse” and “passport”
2
In these Regulations —
a
“horse” means wild or domesticated solipeds within the genus Equus of the family Equidae, and their crosses, and
b
“passport” means the identification document for the identification of a horse in accordance with Commission Regulation ( EC ) No. 504/2008 (implementing Council Directives 90/426/ EEC and 90/427/EEC as regards method of identification of equidae ).
PART 2 Enforcement of Commission Regulation (EC) No. 504/2008
Competent authority for Commission Regulation (EC) No. 504/2008
3
The Secretary of State is the competent authority for the purposes of Commission Regulation (EC) No. 504/2008 and acts as the member State for the purposes of that Regulation.
Sale of horses
4
1
An owner who sells a horse must give its passport to the buyer at the time of the sale.
2
The buyer must notify the transaction to the passport issuing organisation for registration of the new ownership within 30 days, and include —
a
the buyer’s name and address, and
b
the identification of the horse.
3
In this regulation “sell” includes any transfer of ownership.
4
Failure to comply with this regulation is an offence.
Passports
5
1
The owner of a horse and, if different, the keeper who has primary responsibility for it who fail to comply with Article 3(1) of Commission Regulation (EC) No. 504/2008 are guilty of an offence.
2
In accordance with Article 5(5) of that Regulation —
a
only an owner may apply for a passport, and
b
the owner must apply for a passport within the time limits set out in Article 5, and failure to do so is an offence.
3
If an application for a passport is received outside the time limits, the passport issuing organisation must stamp the passport that the horse is not intended for slaughter for human consumption.
Application for duplicate and replacement passports
6
Any person who applies for a duplicate or replacement passport in contravention of Article 5(8) of Commission Regulation (EC) No. 504/2008 is guilty of an offence.
Importation
7
The owner of a horse who —
a
fails to comply with Article 8(1) of Commission Regulation (EC) No. 504/2008 (identification of imported horses), or
b
fails to request a passport issuing organisation within 30 days of importation to act in accordance with Article 8(2) of that Regulation (provision of additional information),
is guilty of an offence.
Detecting previous active marking of horses
8
A veterinary surgeon who, in implanting a transponder into a horse, who fails to carry out the procedures set out in Article 10(1) of Commission Regulation (EC) No. 504/2008 (measures to detect previous active marking) is guilty of an offence.
Transponders
9
1
A passport issuing organisation that fails to comply with Article 11(1) of Commission Regulation (EC) No. 504/2008 (implantation of a transponder) is guilty of an offence.
2
The minimum qualification for implanting a transponder for the purposes of that Article is membership of the Royal College of Veterinary Surgeons.
Accompanying documentation
10
1
The owner of a horse and, if different, the keeper who has primary responsibility for it who fail to comply with —
a
Article 13(1) of Commission Regulation (EC) No. 504/2008 (movement and transport),
b
Article 14(1) of that Regulation (smart cards), or
c
Article 14(3) of that Regulation (temporary documents),
are guilty of an offence.
2
A smart card must be in a format approved by the Secretary of State under this regulation, and the Secretary of State must only authorise a smart card on being satisfied that it will operate effectively.
Movement to slaughter
11
The owner of a horse and, if different, the keeper who has primary responsibility for it who fail to comply with Article 15(1) of Commission Regulation (EC) No. 504/2008 (movement to slaughter) are guilty of an offence.
Issue of duplicate and replacement passports
12
1
A passport issuing organisation that fails to stamp a passport as a duplicate, or classify the animal as being not intended for slaughter for human consumption, in accordance with Article 16(1) of Commission Regulation (EC) No. 504/2008 , is guilty of an offence.
2
The derogation in Article 16(2) of that Regulation may not be exercised.
3
A passport issuing organisation that issues a replacement passport other than in accordance with Article 17 of that Regulation (issuing replacement documents) is guilty of an offence.
Procedure on death
13
1
When a horse is slaughtered or killed for disease control purposes, the official veterinary surgeon responsible for the slaughter or killing must, in accordance with Article 19(2)(a)(i) of Commission Regulation (EC) No. 504/2008 , return the passport to the passport issuing organisation as soon as is reasonably practicable.
2
When a horse is slaughtered for human consumption, in accordance with Article 19(2)(a)(ii) of that Regulation the occupier of the slaughterhouse must give the passport to the official veterinary surgeon at the slaughterhouse, who must record the identification number of the animal, mark the passport accordingly and send the marked passport to the passport issuing organisation as soon as is reasonably practicable.
3
In any other case, notwithstanding Article 19(2)(b) of that Regulation, the keeper must return the passport to the passport issuing organisation within 30 days of the death of the horse, and failure to do so is an offence.
4
The return of the passport under this regulation is the attestation required under Article 19(1)(c) of that Regulation.
Procedure by the passport issuing organisation on death
14
When a passport issuing organisation is notified of the death of a horse, it must invalidate the passport and ensure that the transponder number cannot be re-used, in accordance with Article 19(1)(a) and (b) of Commission Regulation (EC) No. 504/2008 , but it may return the invalidated passport to the owner.
Treatment with a veterinary medicinal product
15
1
A veterinary surgeon who fails to comply with Article 20 of Commission Regulation (EC) No 504/2008 is guilty of an offence.
2
A veterinary surgeon who fails to enter into a passport the details required in section V, VI , VII or IX of the passport is guilty of an offence.
Databases
16
1
A passport issuing organisation that fails to comply with Article 21 of Commission Regulation (EC) No. 504/2008 (records on a database) is guilty of an offence.
2
For the purposes of Article 21(3) of that Regulation, the communication of the information to the central database must be made in accordance with a written notice served on the passport issuing organisation by the Secretary of State.
Prohibitions
17
It is an offence to —
a
destroy or deface a passport;
b
alter any entry in a passport; or
c
be in possession of a passport knowing it to be forged.
Dartmoor, Exmoor and the New Forest
18
The Schedule makes provision for Dartmoor, Exmoor and the New Forest.
PART 3 Powers and penalties
Enforcement
19
These Regulations are enforced by the following local authorities —
a
in any part of England where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority for that local government area, that authority;
b
where there is not a unitary authority —
i
in a metropolitan district, the council of that district;
ii
in a non-metropolitan county, the council of that county; or
iii
in each London borough, the council of that borough;
c
in the City of London, the Common Council.
Powers of entry
20
1
An inspector may, on producing a duly authenticated authorisation if required, at all reasonable hours, enter any premises (excluding any premises not containing any horse and used only as a dwelling) for the purpose of administering and enforcing these Regulations; and in this regulation “premises” includes any vehicle or container.
2
An inspector may —
a
require the production of a passport and mark it as necessary;
b
carry out any inquiries;
c
have access to, and inspect and copy any documents or records (in whatever form they are held) relevant to these Regulations, and remove them to enable them to be copied;
d
inspect and check the operation of any computer and any associated apparatus or material that is or has been in use in connection with documents or records; and
e
mark any horse for identification purposes.
3
Where an inspector has entered any premises and it is not reasonably practicable to determine whether documents on those premises are relevant to these Regulations, the inspector may seize them to ascertain whether or not they are relevant.
4
The inspector may be accompanied by —
a
such other persons as the inspector considers necessary, and
b
any representative of the European Commission acting for the purpose of the enforcement of a Community obligation.
5
It is an offence to deface, obliterate or remove any mark applied under this regulation except under the written authority of an inspector.
6
In this regulation and regulation 21 “inspector” means a person appointed as such by a local authority or the Secretary of State for the enforcement of these Regulations or under the Animal Health Act 1981 .
Obstruction
21
It is an offence —
a
intentionally to obstruct an inspector acting in the execution of these Regulations;
b
without reasonable cause, to fail to give to an inspector acting in the execution of these Regulations any assistance or information that that person may reasonably require under these Regulations;
c
to furnish to any person acting in the execution of these Regulations any information knowing it to be false or misleading; or
d
to fail to produce a document, record or passport when required to do so to any person acting in the execution of these Regulations.
Penalties
22
A person guilty of an offence under these Regulations is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum, or
b
on conviction on indictment, to a fine.
Offences by bodies corporate
23
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar person of the body corporate, or
b
any person who was purporting to act in any such capacity,
that person, as well as the body corporate, is guilty of the offence.
2
In this regulation “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Offences by partnerships and unincorporated associations
24
1
Proceedings for an offence under these Regulations alleged to have been committed by a partnership or an unincorporated association may be brought in the name of the partnership or association.
2
For the purposes of such proceedings —
a
rules of court relating to the service of documents are to have effect as if the partnership or association were a body corporate;
b
section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980 apply in relation to the partnership or association as they apply in relation to a body corporate.
3
A fine imposed on a partnership or association on its conviction for an offence under these Regulations is to be paid out of the funds of the partnership or association.
4
Where an offence under these Regulations committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner (as well as the partnership) is guilty of the offence and is liable to be proceeded against and punished accordingly.
For these purposes, “partner” includes a person purporting to act as a partner.
5
Where an offence under these Regulations committed by an unincorporated association is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the association, that officer (as well as the association) is guilty of the offence and is liable to be proceeded against and punished accordingly.
For these purposes, “officer” means an officer of the association or a member of its governing body, or a person purporting to act in such capacity.
Revocations
25
The Horse Passports (England) Regulations 2004 are revoked.
Jim Fitzpatrick
Minister of State
Department for Environment, Food and Rural Affairs
30th June 2009


type: legislation

jurisdiction: UK

text:
This Order may be cited as the Nursing and Midwifery Council (Midwifery and Practice Committees) (Constitution) (Amendment) Rules Order of Council 2009 and shall come into force on 23rd November 2009.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
1
This Order may be cited as the British Nationality Act 1981 (Amendment of Schedule 6) Order 2009.
2
This Order shall come into force on 14th November 2009.
Amendment of Schedule 6 to British Nationality Act 1981
2
Schedule 6 to the British Nationality Act 1981 is amended by substituting the words “St Helena, Ascension and Tristan da Cunha” for the words “St Helena and Dependencies”.
Judith Simpson
Clerk of the Privy Council


text:
1
This Order may be cited as The A63 Liverpool-Leeds-Hull Trunk Road (North & West Yorkshire) (Revocation and Detrunking) Order 2009 and shall come into force on 31st March 2009.
2
In this Order —
i
all measurements of distance are measured along the route of the relevant highway;
ii
“the plan” means the plan numbered HA 10/MP/098 marked “A63 Liverpool-Leeds-Hull Trunk Road (North & West Yorkshire) (Revocation and Detrunking) Order 2009” signed by authority of the Secretary of State for Transport and deposited at Communities and Local Government, Deposited Document Services, Room F13, Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA;
iii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iv
“the trunk road” means the Liverpool to Hull Trunk Road (A63).
3
The lengths of the trunk road described in the Schedule to this Order shall cease to be trunk roads and shall be classified as principal roads as from the date on which the Secretary of State notifies North Yorkshire County Council and Leeds City Council (who will become the highways authorities for these lengths) that the Order has come into force.
4
The following orders in respect of the trunk road are revoked —
i
The Liverpool–Leeds–Hull Trunk Road (Hambleton By-Pass) Order 1939;
ii
The Liverpool–Leeds–Hull Trunk Road (Monk Fryston Diversion) Order 1939;
iii
The A63 Trunk Road (Osgodby Bypass) Order 2004; and
iv
The A63 Trunk Road (Barlby Junction to Bridge Farm (Detrunking) Order 2004.
Signed by authority of theSecretary of State for Transport
John Bagley
A Divisional Director Highways Authority
10th February 2009


text:
Citation and commencement
1
This Order may be cited as the Armed Forces (Review of Court Martial Sentence) Order 2009 and shall come into force on 31st October 2009.
Interpretation
2
In this Order —
“ the Act ” means the Armed Forces Act 2006;
“the corresponding civil offence”, in relation to an offence under section 70 of the Army Act 1955 , section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 , means —
the act or omission punishable by the law of England; or
where the act or omission is not punishable by the law of England, the equivalent act or omission which if committed in England would be punishable by that law.
Application
3
Any case of a description specified in the Schedule shall be specified for the purposes of section 273(3) of the Act.
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
5th May 2009


text:
Citation and commencement
1
These Regulations may be cited as the Air Navigation (Dangerous Goods) (Amendment) Regulations 2009 and come into force on 13th July 2009.
Amendment of Regulations
2
The Air Navigation (Dangerous Goods) Regulations 2002 are amended by substituting for the definition of “Technical Instructions” in regulation 3(1) —
‘Technical Instructions’ means the 2009–2010 English language edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air, as amended by Addendum No. 2/Corrigendum No. 1 dated 19th February 2009 and Addendum No. 3/Corrigendum No. 2 dated 24th March 2009, approved and published by decision of the Council of the International Civil Aviation Organisation ;
.
Revocation
3
The following Regulations are revoked —
a
the Air Navigation (Dangerous Goods) (Amendment) Regulations 2004 ;
b
the Air Navigation (Dangerous Goods) (Amendment) Regulations 2005 ;
c
the Air Navigation (Dangerous Goods) (Amendment) Regulations 2006 ;
d
the Air Navigation (Dangerous Goods) (Amendment) Regulations 2007 ;
e
the Air Navigation (Dangerous Goods) (Amendment) (No. 2) Regulations 2007 ;
f
the Air Navigation (Dangerous Goods) (Amendment) Regulations 2008 ; and
g
the Air Navigation (Dangerous Goods) (Amendment) (No. 2) Regulations 2008 .
Signed by authority of the Secretary of State for Transport
Paul Clark
Parliamentary Under-Secretary of State
Department for Transport
16th June 2009


text:
Citation and commencement
1
These Regulations may be cited as The Designated Teacher (Looked After Pupils etc)(England) Regulations 2009 and come into force on 1st September 2009.
Interpretation
2
In these Regulations, “designated teacher” means the member of staff at a maintained school who has been designated by the governing body for the purposes of section 20(1) of the Children and Young Persons Act 2008 (“the 2008 Act ”).
Prescribed qualifications and experience of designated person
3
1
The governing body must ensure that the designated teacher meets each of the requirements in one of paragraphs (2), (3) or (4).
2
The requirements in this paragraph are that the designated teacher —
a
is a qualified teacher within the meaning of section 132 of the Education Act 2002 (“the 2002 Act ”);
b
if required to complete an induction period under regulations made under section 19 of the Teaching and Higher Education Act 1998 , has satisfactorily completed such an induction period; and
c
is working as a teacher at the school.
3
The requirements in this paragraph are that the designated teacher —
a
is the head teacher or acting head teacher of the school; and
b
meets the requirements of regulations made under section 135 of the 2002 Act , if required to do so.
4
The requirements in this paragraph are that —
a
the designated teacher is working at the school;
b
the designated teacher has had responsibility for promoting the educational achievement of looked after pupils for a period of at least six months ending on 1st September 2009; and
c
the governing body is satisfied that the designated teacher is —
i
taking steps to meet the requirements in paragraph (2)(a) and, if applicable, the requirements in paragraph (2)(b); and
ii
is likely to meet those requirements by 1st September 2012.
5
In paragraph (4), “looked after pupils” means children who are registered pupils at the school and who are looked after by a local authority within the meaning of section 20(5), or who fall within section 20(6), of the 2008 Act.
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
19th June 2009


text:
PART 1
Introductory provisions
Title, commencement and application
1
1
These Regulations may be cited as the Environmental Damage (Prevention and Remediation) Regulations 2009 and come into force on 1st March 2009.
2
They apply in England and the areas specified in regulation 6.
Interpretation
2
1
In these Regulations —
“activity” means any economic activity, whether public or private and whether or not carried out for profit and “operator” means the person who operates or controls such an activity, including the holder of a permit or authorisation relating to that activity, or the person registering or notifying such an activity;
“groundwater” means all water that is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil;
“local authority” means —
where there is a unitary authority for that local government area, that authority;
where there is not a unitary authority —
in a metropolitan district, the council of that district;
in a non-metropolitan county, the district council;
in each London borough, the council of that borough;
in the City of London, the Common Council;
on the Isles of Scilly, the Council of the Isles of Scilly;
“natural habitat” means —
the habitats of species mentioned in Article 4(2) of, or Annex I to, Council Directive 79/409/ EEC
on the conservation of wild birds or listed in Annex II to Council Directive 92/43/EEC
on the conservation of natural habitats and of wild fauna and flora ;
the natural habitats listed in Annex I to Council Directive 92/43/EEC
; and
the breeding sites or resting places of the species listed in Annex IV to Council Directive 92/43/EEC
;
“natural resource” means —
protected species;
natural habitats;
species or habitats on a site of special scientific interest for which the site has been notified under section 28 of the Wildlife and Countryside Act 1981 ;
water; and
land;
“protected species” means the species mentioned in Article 4(2) of Council Directive 79/409/EEC
or listed in Annex I to that Directive or Annexes II and IV to Council Directive 92/43/EEC
;
“services” means the functions performed by a natural resource for the benefit of another natural resource or the public.
2
Unless otherwise defined in these Regulations, expressions used in Directive 2004/35/ EC
of the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of environmental damage have the same meaning in these Regulations.
References to Community instruments
3
References in Schedule 2 to Community instruments are references to those instruments as amended from time to time.
Meaning of “environmental damage”
4
1
These Regulations apply in relation to the prevention and remediation of environmental damage; and “environmental damage” is damage to —
a
protected species or natural habitats, or a site of special scientific interest,
b
surface water or groundwater, or
c
land,
as specified in this regulation.
2
Environmental damage to protected species or natural habitats or a site of special scientific interest means damage of a kind specified in Schedule 1.
3
Environmental damage to surface water means damage to a surface water body classified as such pursuant to Directive 2000/60/EC
of the European Parliament and of the Council establishing a framework for Community action in the field of water policy such that —
a
a biological quality element listed in Annex V to that Directive,
b
the level of a chemical listed in the legislation in Annex IX or a chemical listed in Annex X to that Directive, or
c
a physicochemical quality element listed in Annex V to that Directive,
changes sufficiently to lower the status of the water body in accordance with Directive 2000/60/EC
of the European Parliament and of the Council (whether or not the water body is in fact reclassified as being of lower status).
4
Environmental damage to groundwater means any damage to a body of groundwater such that its conductivity, level or concentration of pollutants changes sufficiently to lower its status pursuant to Directive 2000/60/EC
of the European Parliament and of the Council (and for pollutants Directive 2006/118/EC
of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration ) (whether or not the body of groundwater is in fact reclassified as being of lower status).
5
Environmental damage to land means contamination of land by substances, preparations, organisms or micro-organisms that results in a significant risk of adverse effects on human health.
Environmental damage to which these Regulations apply
5
1
These Regulations apply in relation to environmental damage if it is caused by an activity in Schedule 2.
2
In the case of environmental damage to protected species or natural habitats or a site of special scientific interest the Regulations also apply in relation to environmental damage caused by any other activity if the operator —
a
intended to cause environmental damage; or
b
was negligent as to whether environmental damage would be caused.
Areas of application
6
1
The damage must be in an area specified in the following table.
Type of damage Area in which these Regulations apply
(a)
These areas do not include areas that form part of Northern Ireland, Scotland or Wales or the territorial sea adjacent to the Isle of Man, Jersey or Guernsey; and for these purposes —
Wales is as defined in section 158(1) of the Government of Wales Act 2006 ;
Scotland is as defined in section 126(1) of the Scotland Act 1998 ; and
Northern Ireland is as defined in section 98 of the Northern Ireland Act 1998 .
Damage to water England and all water up to one nautical mile seaward from the baseline in England Damage in a site of special scientific interest England Damage to protected species or natural habitats
England
The seabed of the continental shelf
Anywhere other than the seabed in the renewable energy zone
Damage to land England
2
In this table —
“the baseline” means the baselines from which the breadth of the territorial sea is measured for the purposes of the Territorial Sea Act 1987 ;
“the continental shelf” means the areas designated by Order in Council under section 1(7) of the Continental Shelf Act 1964 ; and
“the renewable energy zone” means the waters superjacent to the seabed situated within the areas designated by Order in Council under section 84(4) of the Energy Act 2004 .
Other legislation
7
1
These Regulations are without prejudice to any other enactment concerning damage to the environment.
2
They are without prejudice to the right of an operator to limit liability in accordance with the Convention on Limitation of Liability for Maritime Claims 1976 .
Exemptions
8
1
These Regulations do not apply in relation to —
a
damage that took place before the coming into force of these Regulations;
b
damage that takes place after that date, or is threatened after that date, but is caused by an incident, event or emission that took place before that date; or
c
damage caused by an incident, event or emission that takes place after that date if it derives from an activity that took place and finished before that date.
2
They do not apply in relation to environmental damage caused by —
a
an act of terrorism;
b
an exceptional natural phenomenon, provided the operator of the activity concerned took all reasonable precautions to protect against damage being caused by such an event;
c
activities the sole purpose of which is to protect from natural disasters;
d
an incident in respect of which liability or compensation falls within the scope of —
i
the International Convention of 27 November 1992 on Civil Liability for Oil Pollution Damage;
ii
the International Convention of 27 November 1992 on the Establishment of an International Fund for Compensation for Oil Pollution Damage ; or
iii
the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001 ;
e
activities the main purpose of which is to serve national defence or international security;
f
radioactivity from an activity covered by the Treaty establishing the European Atomic Energy Community or caused by an incident or activity in respect of which liability or compensation falls within the scope of the Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy and the Brussels Supplementary Convention of 31 January 1963; or
g
damage caused in the course of commercial sea fishing if all legislation relating to that fishing was complied with.
3
They only apply to environmental damage caused by pollution of a diffuse character if it is possible to establish a causal link between the damage and specific activities.
Exemption from damage to water
9
1
Damage to water does not include —
a
damage caused by new modifications to the physical characteristics of a surface water body,
b
an alteration to the level of a body of groundwater pursuant to Directive 2000/60/EC
of the European Parliament and of the Council, or
c
deterioration from high status to good status of a body of surface water resulting from new sustainable human development activities pursuant to that Directive,
if all the conditions in paragraph (2) are fulfilled.
2
The conditions are —
a
all practicable steps are taken to mitigate the adverse impact on the status of the body of water;
b
the reasons for those modifications or alterations are specifically set out and explained in the river basin management plan required under Article 13 of Directive 2000/60/EC
of the European Parliament and of the Council and the objectives are reviewed every six years;
c
the reasons for those modifications or alterations are of overriding public interest, or the result of the damage is outweighed by the benefits of the new modifications or alterations to human health, to the maintenance of human safety or to sustainable development; and
d
the beneficial objectives served by those modifications or alterations of the water body cannot for reasons of technical feasibility or disproportionate cost be achieved by other means.
Enforcing authorities under the Environmental Permitting (England and Wales) Regulations 2007
10
1
These Regulations are enforced in accordance with this regulation if the damage is caused by an installation, waste operation or mobile plant that requires a permit or registration under the Environmental Permitting (England and Wales) Regulations 2007 .
2
If the Environment Agency is responsible for granting the permit, they are enforced by the Environment Agency in all cases.
3
If the local authority is responsible for granting the permit —
a
Part 2 is enforced by the local authority;
b
Part 3 is enforced by —
i
the local authority if the damage is to land;
ii
the Environment Agency if the damage is to water;
iii
Natural England if the damage is to natural habitats or protected species or a site of special scientific interest.
Enforcing authorities in other cases
11
If the damage is caused by an activity that does not require a permit or registration under the Environmental Permitting (England and Wales) Regulations 2007 these Regulations are enforced in accordance with the following table.
Type of environmental damage Area of damage Enforcing authority
(1)
“Sea” includes —
any area submerged at mean high water spring tide; and
each of the following, so far as the tide flows at mean high water spring tide —
every estuary or arm of the sea; and
the waters of any channel, creek, bay or river.
Damage to water —
Environment Agency
Damage to protected species or natural habitats or a site of special scientific interest —
land Natural England water but not in the sea
Environment Agency the continental shelf or in the sea up to the limit of the renewable energy zone - if the damage is due to an activity authorised by the Environment agency, the Environment Agency; - otherwise the Secretary of State
Damage to land —
Local authority
Enforcement
12
1
If there is more than one type of damage, so that there is more than one enforcing authority, these Regulations are enforced by any or all of the specified enforcing authorities.
2
An enforcing authority may appoint any other enforcing authority to act on its behalf.
PART 2
Preventing environmental damage
Preventing environmental damage
13
1
An operator of an activity that causes an imminent threat of environmental damage, or an imminent threat of damage which there are reasonable grounds to believe will become environmental damage, must immediately —
a
take all practicable steps to prevent the damage; and
b
(unless the threat has been eliminated) notify all relevant details to the enforcing authority appearing to be the appropriate one.
2
The enforcing authority may serve a notice on that operator that —
a
describes the threat;
b
specifies the measures required to prevent the damage; and
c
requires the operator to take those measures, or measures at least equivalent to them, within the period specified in the notice.
3
Failure to comply with paragraph (1) or a notice served under paragraph (2) is an offence.
Preventing further environmental damage
14
1
An operator of an activity that has caused environmental damage, or has caused damage where there are reasonable grounds to believe that the damage is or will become environmental damage, must immediately —
a
take all practicable steps to prevent further damage; and
b
notify all relevant details to the enforcing authority appearing to be the appropriate one.
2
The enforcing authority may serve a notice on that operator that —
a
describes the damage;
b
requires the operator to provide additional information on any damage that has occurred;
c
specifies the measures required to prevent further damage; and
d
requires the operator to take those measures, or measures at least equivalent to them, within the period specified in the notice.
3
Failure to comply with paragraph (1) or a notice served under paragraph (2) is an offence.
Action by the enforcing authority
15
Any duty in this Part on the operator of an activity may be carried out by the enforcing authority instead of the operator —
a
in an emergency;
b
if the operator cannot be ascertained; or
c
if the operator fails to comply with a notice.
Following instructions from a public authority
16
When an operator acts in accordance with the instructions of a public authority, and as a result causes or threatens to cause environmental damage, and accordingly action is taken under regulations 13, 14 or 15 then, unless the instructions related to an emission or incident caused by the operator’s own activities, the operator may recover the costs of actions under those regulations from that public authority.
PART 3
Remediation
Assessment of damage
17
Where damage has been caused, and there are reasonable grounds for believing that it is, or may be, environmental damage, the enforcing authority must establish whether or not it is environmental damage.
Determining liability to remediate
18
1
If the enforcing authority decides that the damage is environmental damage it must notify the operator of any activity or activities that caused the damage (referred to in these Regulations as “the responsible operator”) that —
a
the damage is environmental damage;
b
the responsible operator’s activity was a cause of the environmental damage;
c
the responsible operator must submit proposals, within a time specified by the enforcing authority, for measures that will achieve the remediation of the environmental damage in accordance with Schedule 4; and
d
the responsible operator has a right to appeal.
2
The enforcing authority may withdraw the notification if it is satisfied that the notification should not have been served or that an appeal against the notice is likely to succeed.
Appeals against liability to remediate
19
1
A person served with notification under regulation 18 may notify the Secretary of State that that person intends to appeal against that notification.
2
Notice of appeal must be within 28 days of service of the notification under regulation 18 unless the time limit is extended by the Secretary of State.
3
The grounds of appeal are —
a
the operator’s activity was not a cause of the environmental damage;
b
the enforcing authority has acted unreasonably in deciding that the damage is environmental damage;
c
the environmental damage resulted from compliance with an instruction from a public authority (except an instruction relating to an emission or incident caused by the operator’s own activities);
d
the responsible operator was not at fault or negligent and the environmental damage was caused by an emission or event expressly authorised by, and fully in accordance with the conditions of a permit listed in Schedule 3;
e
the responsible operator was not at fault or negligent and the environmental damage was caused by an emission or activity or any manner of using a product in the course of an activity that the operator demonstrates was not considered likely to cause environmental damage according to the state of scientific and technical knowledge at the time when the emission was released or the activity took place;
f
the environmental damage was the result of an act of a third party and occurred despite the fact that the responsible operator took all appropriate safety measures.
4
Schedule 5 contains procedures for the appeal.
5
The person deciding the appeal may confirm or quash the notice.
Remediation notices
20
1
Once it receives the proposals from the responsible operator (or, if a proposal is not received within the specified time limit, at any time after the time limit has expired), the enforcing authority must, so far as is practicable, consult —
a
anyone who has notified an enforcing authority under regulation 29, and
b
any person on whose land the remedial measures will be carried out,
and may consult any other person appearing to be necessary.
2
Following consultation the enforcing authority must serve a remediation notice on the responsible operator that specifies —
a
the damage;
b
the measures necessary for remediation of the damage, together with the reasons;
c
the period within which those measures must be taken;
d
any additional monitoring or investigative measures that the responsible operator must carry out during remediation; and
e
the right of appeal against the remediation notice.
3
Failure to comply with a remediation notice is an offence.
Appeal against the remediation notice
21
1
The responsible operator may notify the Secretary of State that that person intends to appeal against the remediation notice on the grounds that its contents are unreasonable.
2
An appeal may only be brought against those parts of the remediation notice that are different from proposals made by the responsible operator.
3
Notice of appeal must be served within 28 days of service of the remediation notice unless the time limit is extended by the Secretary of State.
4
Schedule 5 contains procedures for the appeal.
5
The Secretary of State or the appointed person may confirm, vary or quash the notice, and must give written notification of the final decision and the reasons for it, and may, if appropriate, add further compensatory remediation requirements necessitated by the lapse of time since the remediation notice was served.
6
A remediation notice need not be complied with pending determination of an appeal unless the person hearing the appeal directs otherwise.
Further provisions on remediation notices
22
An enforcing authority may serve further remediation notices at any time while remediation is being carried out or, if remediation has not been achieved, at the end of the remediation period, requiring further or different remediation.
Action by the enforcing authority
23
Once it has established that in its opinion damage is environmental damage, the enforcing authority may carry out any reasonable works —
a
at any time if a responsible operator cannot be identified;
b
if a responsible operator fails to comply with a remediation notice, whether or not an appeal is pending; or
c
if the responsible operator is not required to remediate under these Regulations.
PART 4
Administration and enforcement
Costs when the enforcing authority acts instead of the operator
24
1
An operator liable to carry out works under Part 2 is liable for any reasonable costs incurred by the enforcing authority in taking any reasonable action under regulation 15.
2
The responsible operator is liable for the reasonable costs of the enforcing authority for any action taken under regulation 23 unless the responsible operator was not liable for the action taken.
Costs concerned with administration
25
1
An operator liable to carry out works under Part 2 is liable for the reasonable costs incurred by the enforcing authority in preparing any notice under Part 2, or in ensuring compliance with that Part.
2
The responsible operator is responsible for the costs incurred by the enforcing authority under Part 3 of —
a
assessing whether the damage is environmental damage;
b
establishing who is the responsible operator;
c
establishing what remediation is appropriate;
d
carrying out necessary consultation; and
e
monitoring the remediation, both during and after the work.
3
Costs means costs that are justified by the need to ensure the proper and effective enforcement of these Regulations.
Proceedings for costs by an enforcing authority
26
No proceedings for the recovery of costs may be commenced by the enforcing authority under these Regulations after a period of 5 years has elapsed since —
a
the completion of the measures to which the proceedings relate, or
b
the identification of the operator liable to carry out the measures,
whichever is the later.
Costs recoverable from owner to be a charge on premises
27
1
Where any costs are recoverable under these Regulations by an enforcing authority from a person who is the owner of premises and the enforcing authority serves a notice on that person under this regulation —
a
the costs carry interest, at such reasonable rate as the authority may determine, from the date of service of the notice until the whole amount is paid; and
b
subject to the following, the costs and accrued interest are a charge on the premises.
2
A notice served under this regulation must —
a
specify the amount of the costs that the enforcing authority claims is recoverable;
b
state the effect of paragraph (1) and the rate of interest determined by the enforcing authority under that paragraph; and
c
state the effect of paragraphs (4) to (6).
3
On the date on which an enforcing authority serves a notice on a person under this regulation the authority must also serve a copy of the notice on every other person who, to the knowledge of the authority, has an interest in the premises capable of being affected by the charge.
4
Subject to any order under paragraph (7)(b) or (c) below, the amount of any costs specified in a notice under this regulation and the accrued interest is a charge on the premises —
a
as from the end of the period of 21 days beginning with the date of service of the notice, or
b
where an appeal is brought under paragraph (6), as from the final determination of the appeal,
until the costs and interest are recovered.
5
For the purposes of paragraph (4), the withdrawal of an appeal has the same effect as a final determination of the appeal.
6
A person served with a notice or copy of a notice under this regulation may appeal against the notice to the county court within the period of 21 days beginning with the date of service.
7
On such an appeal the court may —
a
confirm the notice without modification,
b
order that the notice is to have effect with the substitution of a different amount for the amount originally specified in it, or
c
order that the notice is to be of no effect.
8
An enforcing authority has, for the purpose of enforcing a charge under this regulation, all the same powers and remedies under the Law of Property Act 1925 , and otherwise, as if it were a mortgagee by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver.
9
In this regulation, “owner”, in relation to any premises, means a person (other than a mortgagee not in possession) who, whether in that person’s own right or as trustee for any other person, is entitled to receive the rack rent of the premises or, where the premises are not let at a rack rent, would be so entitled if they were so let.
Recovery of costs from other persons
28
An operator who incurs liability to the enforcing authority under these Regulations (whether in carrying out work or in payment to the enforcing authority) may recover all or some of those costs from any other person who also caused the damage.
Requests for action by interested parties
29
1
Any person —
a
who is affected or likely to be affected by environmental damage, or
b
who otherwise has a sufficient interest,
may notify the appropriate enforcing authority of any environmental damage which is being, or has been caused or of which there is an imminent threat.
2
A notification must be accompanied by —
a
a statement explaining the way the notifier will be affected by the damage, or the reason that the notifier has a sufficient interest; and
b
sufficient information to enable the enforcing authority to identify the location and nature of the incident.
3
The enforcing authority must consider the notification and inform the notifier as to the action, if any, that it intends to take.
4
Before taking any decision the enforcing authority must, if practicable —
a
notify the operator concerned of the notification and the accompanying information; and
b
invite that operator to submit comments on them.
5
Paragraphs (3) and (4) do not apply if —
a
the notifier is not likely to be affected or does not have a sufficient interest;
b
in the opinion of the enforcing authority the information provided does not disclose any environmental damage or threat of environmental damage; or
c
as a result of the urgency of the situation, it is not practicable for the enforcing authority to comply with those paragraphs.
Grant of and compensation for rights of entry etc.
30
1
Any person whose consent is required before any works required by these Regulations may be carried out must grant, or join in granting, such rights in relation to any land or water as will enable the operator, or a person acting on behalf of the operator, to carry out that work.
2
A person who grants, or joints in granting, any rights as required by paragraph (1) is entitled to compensation from the operator determined in accordance with Schedule 6.
Powers of authorised persons
31
1
Enforcing authorities may authorise persons for the purposes of enforcing these Regulations.
2
The powers in section 108 of the Environment Act 1995 apply in relation to these Regulations, and the powers of persons authorised by the Environment Agency in that section are exercisable by persons authorised by any enforcing authority.
3
Those powers are extended to all areas to which these Regulations apply.
4
In addition, a person authorised by the Secretary of State enforcing these Regulations in relation to the sea may at any time board and inspect —
a
a ship or marine installation in the United Kingdom territorial waters adjacent to England; or
b
a United Kingdom ship (within the meaning of section 1(3) of the Merchant Shipping Act 1995) or a marine installation in the renewable energy zone (as defined in section 84 of the Energy Act 2004 ).
5
For the purposes of exercising the powers in this Regulation, the authorised person may require a ship or marine installation —
a
to stop; or
b
to do anything else that will facilitate the boarding of that or any other ship or marine installation.
6
An authorised person who has boarded a ship or marine installation may, for the purposes of disembarking from the ship or installation, require that or any other ship or marine installation —
a
to stop; or
b
to do anything else that will enable the authorised person, and any person accompanying that person, to disembark.
7
An authorised person may require any person on board a vessel or marine installation to afford such facilities and assistance with respect to matters under that person’s control as the authorised person considers would facilitate the exercise of any power conferred by this section.
8
It is an offence to fail to comply with instructions given under this regulation, or knowingly to provide false or misleading information.
Provision of information to the enforcing authority
32
An enforcing authority may require an operator to provide such information as it may reasonably require to enable the enforcing authority to carry out its functions under these Regulations, and failure to provide such information is an offence.
Enforcement
33
No enforcement action may be taken under these Regulations 30 years or more after the emission, event or incident concerned.
Penalties
34
1
A person guilty of an offence under these Regulations is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or both; or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.
2
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar person of the body corporate, or
b
any person who was purporting to act in any such capacity,
that person is guilty of the offence as well as the body corporate.
3
For the purposes of paragraph (2), “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Phil Hunt
Minister of State
Department for Environment, Food and Rural Affairs
29th January 2009


text:
Citation and commencement
1
These Regulations may be cited as The Crossrail (Planning Appeals) (Written Representations Procedure) (England) (Amendment) Regulations 2009 and shall come into force on 29th June 2009.
Amendment
2
1
The Crossrail (Planning Appeals) (Written Representations Procedure) (England) Regulations 2008 are amended as follows.
2
In paragraph A5 of Schedule 2 (Appeal Questionnaire) delete the sentence, “Please list below any additional requests for approval under paragraph 8, 11, 17 and 23 of Schedule 7 to the Crossrail Act 2008”.
Signed by authority of the Secretary of State for Transport
Andrew Adonis
Minister of State
Department for Transport
27th May 2009
Signed by authority of the Secretary of State for Communities and Local Government
Kay Andrews
Parliamentary Under Secretary of State
Department for Communities and Local Government
5th May 2009


text:
Citation and commencement
1
1
This Order may be cited as the Cornwall (Electoral Arrangements and Consequential Amendments) Order 2009.
2
This Order shall come into force on the day after that on which it is made.
Interpretation
2
1
In this Order —
“county” means the county of Cornwall; and
“existing”, in relation to an electoral division, means the electoral division as it exists on the date on which this Order is made.
2
In this Order —
a
any reference to a numbered sheet is a reference to the sheet which bears that number and is marked “Sheet referred to in the Cornwall (Electoral Arrangements and Consequential Amendments) Order 2009”, and of which prints are available for inspection at —
i
the Library and Information Centre, Communities and Local Government, 1/C8 Ashdown House, 123 Victoria Street, London SW1E 6DE; and
ii
the principal and area offices of the council of the county; and
b
any reference to a numbered map is a reference to the map bearing that number and contained within a numbered sheet.
Electoral divisions of the county of Cornwall and number of councillors
3
1
The existing electoral divisions of the county shall be abolished.
2
The county shall be divided into 123 electoral divisions which shall bear the names set out in column (1) of the Schedule.
3
The electoral divisions shall comprise the areas illustrated on sheet 1 and specified in column (2) of the Schedule by reference to parishes, or described in that column by reference to parts of parishes or other areas indicated on a numbered sheet, a numbered map or both a numbered sheet and a numbered map.
4
One councillor shall be elected for each electoral division.
5
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
6
Paragraph (1) does not affect the term of office of any person elected for an existing electoral division of the county; and any such person shall continue in office until the fourth day after the ordinary day of election of councillors in 2009.
Inspection of numbered sheets
4
The council of the county shall make a print of the numbered sheets available for inspection by any member of the public, free of charge and at any reasonable time at —
a
its principal office; and
b
each of its area offices.
Electoral registers
5
The electoral registration officer shall make such rearrangement or adaptation of the register of local government electors as may be necessary for the purposes of, or in consequence of, this Order.
Consequential amendment of the County of Cornwall (Electoral Changes) Order 2005
6
The County of Cornwall (Electoral Changes) Order 2005 is amended by the omission of paragraphs (2) and (3) of article 1, article 3, articles 6 to 8 and the Schedule.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
30th March 2009


text:
Citation, commencement and transitional provisions
1
1
This Order may be cited as the Air Navigation (Amendment) Order 2009 and comes into force on 1st September 2009.
2
Nothing in this Order shall affect the validity of any licence granted under Part 10 of the Air Navigation Order 2005 , or any rating or endorsement contained in such a licence, for the period of one year commencing on the date of the coming into force of this Order.
Amendment of the Air Navigation Order 2005
2
The Air Navigation Order 2005 is amended as follows.
Licensing of air traffic controllers
3
For Part 10 substitute —
PART 10 Licensing of air traffic controllers
Prohibition of unlicensed air traffic controllers
107
1
Subject to paragraph (3) and article 107B, a person must not act as an air traffic controller, or hold himself out, whether by use of a radio call sign or in any other way, as an air traffic controller unless —
a
he is the holder of, and complies with the privileges and conditions of, a licence specified in paragraph (2);
b
the licence contains a valid medical certificate; and
c
he has identified himself in such a manner as may be notified.
2
The licence referred to in paragraph (1)(a) is —
a
an appropriate air traffic controller’s licence granted under this Order; or
b
an appropriate air traffic controller’s licence granted in another Member State and recognised by the CAA in accordance with article 119C.
3
A person may act as an air traffic controller if he holds a valid air traffic controller’s licence granted under this Order which is not an appropriate licence if he is supervised as though he were the holder of a student air traffic controller’s licence.
4
A licence is an appropriate air traffic controller’s licence if it includes valid ratings, endorsements and certificates which authorise the holder of the licence to —
a
provide at the aerodrome or place the type of air traffic control service for the sector for which, or the operational position at which, it is being provided; and
b
use the type of surveillance equipment being used (if any).
Prohibition of unlicensed student air traffic controllers
107A
1
Subject to article 107B, a person must not act as a student air traffic controller, or hold himself out, whether by use of a radio call sign or in any other way, as a student air traffic controller unless —
a
he is the holder of, and complies with the privileges and conditions of, a licence specified in paragraph (2);
b
the licence contains a valid medical certificate; and
c
he has identified himself in such a manner as may be notified.
2
The licence referred to in paragraph (1)(a) is —
a
a valid student air traffic controller’s licence granted under this Order; or
b
a valid student air traffic controller’s licence granted in another Member State and recognised by the CAA in accordance with article 119C.
Acting as an air traffic controller: exceptions
107B
1
A licence is not required by any person who, acting in the course of his employment, passes on such instructions or advice as he has been instructed so to do by the holder of an air traffic controller’s licence which entitles that holder to give such instructions or advice.
2
A licence is not required by any person who acts in the course of his duty as a member of Her Majesty’s naval, military or air forces or a visiting force.
Acting as an air traffic controller and a student air traffic controller
107C
For the purposes of this Part and Schedule 11 —
a
a person acts as an air traffic controller if he either —
i
provides an air traffic control service; or
ii
supervises a student air traffic controller;
or both; and
b
a person acts as a student air traffic controller if he provides an air traffic control service under the supervision of an air traffic controller.
Grant of student air traffic controller’s licences
108
1
The CAA must grant a student air traffic controller’s licence authorising the holder to act as a student air traffic controller in the United Kingdom if it is satisfied that the applicant fulfils the requirements set out in paragraphs (2) and (3).
2
The requirements are that the applicant —
a
subject to article 108B, can speak and understand English to at least level 4 on the language proficiency rating scale;
b
is the holder of a valid medical certificate;
c
is at least 18 years of age;
d
meets the educational standards specified in paragraph (3);
e
has successfully completed approved initial training set out in Part A of Annex II of the air traffic controllers’ directive; and
f
is a competent person to act in the capacity to which the licence relates (and competency shall be assessed in accordance with paragraph (5)).
3
The educational standards are that the applicant —
a
is the holder of a General Certificate of Secondary Education or an equivalent educational qualification;
b
is the holder of any educational qualification which would enable him to gain access to university or a similar educational institution; or
c
has sufficient experience and education to give him a reasonable prospect of completing air traffic control training.
4
A licence may be granted subject to such conditions as the CAA thinks fit.
5
Competency shall be assessed by reference to the applicant’s knowledge, experience and skills to act in the capacity to which the licence relates and for that purpose an applicant must provide such evidence and undergo such examinations, assessments and tests and undertake such courses of training as the CAA may require of him.
Grant of air traffic controller’s licence
108A
1
Subject to paragraph (3), the CAA must grant an air traffic controller’s licence authorising the holder to act as an air traffic controller in the United Kingdom if the applicant fulfils the requirements set out in article 108(2), (a) and (b) and paragraph (2).
2
The requirements are that the applicant —
a
is the holder of a student licence;
b
subject to paragraph (3), is at least 21 years of age;
c
has completed an approved unit training plan;
d
has passed the appropriate examinations or assessments in accordance with the requirements set out in Part B of Annex II of the air traffic controllers’ directive;
e
is competent to be issued with a rating; and
f
is a competent person to act in the capacity to which the licence relates.
3
In a duly justified case, a licence may be granted to a person of 20 years of age.
Language proficiency: additional requirements
108B
1
The CAA may require the applicant to attain level 5 on the language proficiency rating scale where the operational circumstances of a particular rating or endorsement warrant a higher level of language proficiency for reasons of safety.
2
The applicant shall demonstrate language proficiency by providing to the CAA a certificate issued by an approved person stating his proficiency level in accordance with the language proficiency rating scale.
Language proficiency: ongoing requirements
108C
1
Subject to paragraph (3), the CAA must ensure that it, or an approved person, assesses the English language proficiency of the holder of an air traffic controller’s licence or a student air traffic controller’s licence at regular intervals.
2
Subject to paragraph (3), the interval at which the language proficiency of the holder of an air traffic controller’s licence or a student air traffic controller’s licence must be assessed must be no longer than —
a
three years for a licence holder who demonstrates proficiency in English language to level 4 on the language proficiency rating scale; and
b
six years for a licence holder who demonstrates proficiency in English language to level 5 on the language proficiency rating scale.
3
Paragraphs (1) and (2) do not apply to a licence holder who has demonstrated proficiency in English language to level 6 on the language proficiency rating scale.
Particulars of licence
108D
1
Subject to article 92, a student air traffic controller’s licence remains in force for the period specified in the licence which shall not exceed two years.
2
Subject to article 92, an air traffic controller’s licence remains in force for the period specified in the licence, or, if no period is specified, for the lifetime of the holder.
3
A licence may be renewed by the CAA from time to time if the CAA is satisfied that the applicant continues to satisfy, in the case of a student air traffic controller’s licence, the requirements referred to in article 108(2)(a), (b), and (f) and, in the case of an air traffic controller’s licence, the requirements in article 108A(2)(e) and (f).
4
A licence is not valid unless the holder has signed it in ink or indelible pencil with his ordinary signature and remains the property of the person to whom it is granted.
5
The CAA may include in an air traffic controller’s licence (subject to such conditions as it thinks fit) any of the ratings and endorsements specified in Part B of Schedule 11 upon being satisfied that the applicant is qualified as specified in article 108A(2)(d) to act in the capacity to which the rating or endorsement relates and such rating or endorsement is deemed to form part of the licence.
Privileges of an air traffic controller’s licence and a student air traffic controller’s licence
109
1
An air traffic controller’s licence entitles the holder to —
a
exercise the privileges specified in paragraph 1 of Part A of Schedule 11; and
b
exercise the privileges of any rating or endorsement included in the licence as specified in Part B of that Schedule.
2
A student air traffic controller’s licence entitles the holder to exercise the privileges specified in paragraph 2 of Part A of Schedule 11.
On-the-job training instructor endorsement
109A
An on-the-job training instructor endorsement must be granted to a holder of an air traffic controller’s licence who —
a
has provided an air traffic service for the immediate preceding period of at least one year (or such longer period as the CAA may fix having regard to the ratings and endorsements for which instruction is given); and
b
has successfully completed an approved on-the-job training instructor course during which the required knowledge and pedagogical skills were assessed through appropriate examinations.
Maintenance of validity of ratings and endorsements
110
1
The holder of an air traffic controller’s licence is not entitled to exercise the privileges of a rating or endorsement contained in the licence unless the licence includes a current unit endorsement specifying that the rating or endorsement is valid for —
a
the aerodrome or place at which he so acts;
b
the sector on which or the operational position at which he so acts; and
c
the surveillance equipment (if any) with which he so acts.
2
A unit endorsement may be entered in a licence either by the CAA or by the holder of an air traffic controller’s licence which includes an Examiner Licence Endorsement relating to the matters set out in paragraph (1)(a) to (c) (a “relevant licence”).
3
A unit endorsement is valid for an initial period of one year.
4
If an air navigation service provider demonstrates to the CAA or to the holder of a relevant licence that a licence holder —
a
has been exercising the privileges of the licence for at least the minimum number of hours set out in the unit competence scheme throughout the preceding 12 months;
b
has demonstrated competence in accordance with Part C of Annex II of the air traffic controllers’ directive; and
c
holds a valid medical certificate,
the validity of a unit endorsement must be extended by the CAA or the holder of a relevant licence for a further 12 months.
5
The minimum number of hours required to maintain the validity of the unit endorsement may be reduced for an on-the-job training instructor in proportion to the time spent instructing trainees on the working positions for which the extension is applied.
6
If a unit endorsement ceases to be valid, in order to revalidate the endorsement, a licence holder must successfully complete a unit training plan to the satisfaction of the CAA or the holder of a relevant licence.
7
The holder of a rating or rating endorsement who has not been providing air traffic control services associated with that rating or rating endorsement for a period of four years may only commence unit training in that rating or rating endorsement after the CAA or the holder of a relevant licence —
a
has assessed whether he continues to satisfy the conditions of that rating or rating endorsement; and
b
is satisfied that any training requirements that result from this assessment have been successfully completed.
Obligation to notify rating ceasing to be valid and change of unit
111
1
When a rating ceases to be valid for a sector or operational position the holder of the licence must —
a
inform the air navigation service provider responsible for that sector or position, and
b
if the rating is not valid for any other sector or operational position, notify the CAA and forward the licence to the CAA, or a person approved by the CAA who must endorse the licence accordingly and return it to the holder.
2
Whenever a person ceases to act as an air traffic controller at a particular unit he must —
a
notify the CAA; and
b
forward the licence to the CAA or a person approved by the CAA who must endorse the licence accordingly and return it to the holder.
Air navigation service provider: maintenance of records
112
An air navigation service provider must keep records for every licence holder working in a unit of the hours worked in a sector, group of sectors or in a working position and must provide these records to the CAA on request.
Requirement for medical certificate
113
1
The CAA, or an approved medical examiner may, after carrying out an examination, issue a medical certificate, subject to such conditions as it thinks fit, if it considers that the applicant for, or holder of, a licence is fit to perform the functions to which the application or licence relates.
2
The issue of a medical certificate must be consistent with the provisions of Annex I to the Chicago Convention and the Requirements for European Class 3 Medical Certification of Air Traffic Controllers laid down by the European Organisation for the Safety of Air Navigation (Eurocontrol) .
3
The certificate is deemed to form part of the licence.
4
A medical certificate is valid for —
a
two years from the date of the medical examination in the case of an air traffic controller or student air traffic controller of up to (and including) the age of 40; and
b
one year for an air traffic controller or student air traffic controller over the age of 40.
Incapacity of air traffic controllers
114
1
Every holder of an air traffic controller’s licence or a student air traffic controller’s licence who —
a
suffers any personal injury or illness involving incapacity to undertake the functions to which his licence relates throughout a period of 20 consecutive days; or
b
in the case of a woman, has reason to believe that she is pregnant,
must inform his or her employer and the CAA in writing as soon as possible.
2
A medical certificate ceases to be valid on the expiry of the period of injury or illness referred to in paragraph (1)(a) and becomes valid again (provided it has not expired) —
a
upon the holder being medically examined under arrangements made by the CAA and pronounced fit to resume his functions under the licence; or
b
upon the CAA exempting the holder from the requirement of a medical examination subject to such conditions as the CAA may think fit.
Fatigue of air traffic controllers
115
A person must not act as an air traffic controller or a student air traffic controller if he knows or suspects that he is suffering from or, having regard to the circumstances of the period of duty to be undertaken, is likely to suffer from, such fatigue as may endanger the safety of any aircraft to which an air traffic control service may be provided.
Acting under the influence of drink or a drug
116
1
A person must not act as a student air traffic controller whilst under the influence of drink or a drug to an extent that would impair his capacity to act as such.
2
Every holder of an air traffic controller’s licence or a student air traffic controller’s licence who is under the influence of any psychoactive substance or medicines which might render him unable to exercise the privileges of his licence safely and properly must inform his employer in writing as soon as possible.
Failing exams, assessments or tests
117
A person who, on the last occasion when he was examined, assessed or tested for the purposes of this Part, failed that examination, assessment or test must not act in the capacity for which that examination, assessment or test would have qualified him had he passed it.
Use of simulators
118
No part of any examination, assessment or test undertaken for the purposes of this Part or Schedule 11 must be undertaken in a simulator unless that simulator has been approved by the CAA.
Approval of courses, persons and simulators
119
Without prejudice to any other provision of this Order the CAA may, for the purposes of this Part, approve —
a
any course of training or instruction;
b
any unit training plan or unit competence scheme;
c
a person to conduct such examinations, assessments or tests as it may specify; and
d
a simulator.
Certification of training providers and mutual recognition of training certificates
119A
1
A person must not provide training unless he is a certified training provider and his certificate relates to the training which he is providing.
2
Where an applicant for certification has its principal place of operation and business in the United Kingdom it must submit its application to the CAA.
3
The CAA must issue a training certificate to an applicant if it is satisfied that the applicant fulfils the requirements set out in paragraph 1 of Annex IV of the air traffic controllers’ directive.
4
A training certificate may —
a
relate to one or more types of training and one or more types of air navigation services, and
b
contain requirements placed on the training provider and be made subject to conditions.
5
The training certificate must contain the information set out in paragraph 2 of Annex IV to the air traffic controllers’ directive.
Certified training provider: production of records
119B
A certified training provider must, within a reasonable time of being requested to do so by an authorised person, produce to that person any record or document (whether or not in electronic form) which that person may require for the purpose of determining whether the certified training provider fulfils the requirements set out in paragraph 1 of Annex IV of the air traffic controllers’ directive.
Mutual recognition of air traffic controller’s licences
119C
1
An application by the holder of an air traffic controller’s or a student air traffic controller’s licence issued by the national supervisory authority of another Member State to have his licence, rating, endorsement or medical certificate recognised by the CAA must be made in writing to the CAA.
2
The CAA must recognise any —
a
licence and any associated rating;
b
rating endorsement;
c
language endorsement; and
d
medical certificate
issued in accordance with the provisions of the air traffic controllers’ directive by the national supervisory authority of another Member State if it is satisfied that the holder meets the requirements of the air traffic controllers’ directive.
3
The CAA must issue a certificate of recognition to the air traffic controller upon being satisfied as set out in paragraph (2).
4
Following the issue of a certificate of recognition in respect of a licence granted by the national supervisory authority of another Member State, the CAA must, if requested to do so by the air traffic controller, issue to him an equivalent licence.
5
An air traffic controller whose licence has been recognised by the CAA must make an application in writing to the CAA for approval of a unit training plan.
6
The CAA must inform the applicant within six weeks of receipt of the application whether it approves the plan.
7
When establishing the unit training plan referred to in paragraph (5), the training provider must take account of the competencies and experience of the licence holder.
8
The CAA must provide information and assistance to the national supervisory authority of another Member State on request.
Definitions relevant to this Part and Schedule 11
120
1
In this Part and Schedule 11 —
“approved” means approved by the CAA under article 119;
“language proficiency rating scale” means the language proficiency rating scale set out in Annex III of the air traffic controllers’ directive;
“on-the-job training instructor” means a person who holds an on-the-job training instructor endorsement;
“on-the-job training instructor endorsement” means the endorsement described in article 9 of the air traffic controllers’ directive;
“rating” means the authorisation entered on and forming part of the licence as identified in paragraph (3) of Part B of Schedule 11;
“unit competence scheme” means a scheme indicating the method by which the unit maintains the competence of its licence holders;
“unit training plan” means a plan detailing the processes and timing required to allow the unit procedures to be applied to the local area under the supervision of an on-the-job training instructor; and
“valid medical certificate” means a medical certificate issued under article 113(1) or recognised by the CAA under article 119C.
2
A reference in this Part and in Schedule 11 to the holder of an air traffic controller’s licence or a student air traffic controller’s licence includes a reference to the holder of a licence which has been recognised by the CAA under article 119C.
3
The following expressions defined in article 2 of the air traffic controllers’ directive have the same meaning when used in this Part and Schedule 11: ‘air traffic control service’, ‘air navigation service provider’, ‘language endorsement’, ‘rating endorsement’, ‘sector’ and ‘unit endorsement’.
4
References in this Part and Schedule 11 to the provisions of articles 6 and 7 of, and the Annexes to, the air traffic controllers’ directive are references to those provisions as amended from time to time.
.
Air Traffic Controllers Licences, ratings, endorsements and maintenance of licence privileges
4
For Schedule 11 substitute —
SCHEDULE 11
AIR TRAFFIC CONTROLLERS – LICENCES, RATINGS, ENDORSEMENTS AND MAINTENANCE OF LICENCE PRIVILEGES
Articles 108D and 109
Part A Air Traffic Controller Licences
Air Traffic Controller’s Licence
1
The privileges of an air traffic controller’s licence are to —
a
act as an air traffic controller for any sector or operational position for which a valid rating and endorsement and current unit endorsement are included in the licence; and
b
exercise the privileges of a student air traffic controller’s licence.
Student Air Traffic Controller’s Licence
2
The privileges of a student air traffic controller’s licence are to act as an air traffic controller under the supervision of another person who is present at the time and who —
a
is the holder of an air traffic controller’s licence entitling him to provide unsupervised the type of air traffic control service which is being provided by the student air traffic controller; and
b
is an on-the-job training instructor.
Part B Ratings, Rating Endorsements and Licence Endorsements
Inclusion of ratings, rating endorsements and licence endorsements
1
1
A licence granted under article 108A may contain the ratings, rating endorsements and licence endorsements of the classes contained in paragraphs 3 and 4.
2
The inclusion of a rating, rating endorsement or licence endorsement shall have the consequences specified in relation to it.
Exercise of more than one function
2
1
Subject to sub-paragraph (2), the holder of a licence which includes ratings of two or more of the classes specified in paragraph 3 shall not at any one time perform the functions specified in respect of more than one of those ratings.
2
The functions of the following ratings may be exercised at the same time —
a
an Aerodrome Control Instrument Rating and an Approach Control Procedural Rating; and
b
an Aerodrome Control Instrument Rating and an Approach Control Surveillance Rating, provided that the holder shall not exercise the functions of any rating endorsement described in paragraph 2(a) to (c) of article 7 of the air traffic controllers’ directive included in the Approach Control Surveillance Rating.
3
When a surveillance radar approach terminating at a point less than 2 nautical miles from the point of intersection of the glide path with the runway is being provided under an approach control surveillance rating, no other function under the approach control surveillance rating may be exercised at the same time.
Ratings and Rating Endorsements
3
1
There are the following classes of aerodrome control ratings and endorsements —
a
the Aerodrome Control Visual Rating ( ADV ) as described in article 6 of the air traffic controllers’ directive;
b
the Aerodrome Control Instrument Rating ( ADI ) as described in article 6 of the air traffic controllers’ directive;
c
the Aerodrome Control Instrument rating must be accompanied by at least one of the rating endorsements described in paragraph 1 of article 7 of the air traffic controllers’ directive.
2
There are the following classes of approach control ratings and endorsements —
a
the Approach Control Procedural Rating ( APP ) as described in article 6 of the air traffic controllers’ directive;
b
the Approach Control Surveillance Rating ( APS ) as described in article 6 of the air traffic controllers’ directive;
c
the Approach Control Surveillance Rating must be accompanied by at least one of the following —
i
a rating endorsement described in paragraph 2 of article 7 of the air traffic controllers’ directive;
ii
the Multilateration Endorsement ( MLT ), which indicates that the holder is competent to provide an approach control service with the use of multilateration;
iii
the Offshore Rating Endorsement entitles the holder of a Radar Endorsement to provide an offshore service;
iv
the Special Tasks Rating Endorsement which entitles the holder of a Radar, Automatic Dependent Surveillance or Multilateration Endorsement to provide a special tasks service.
3
There are the following classes of area control ratings and endorsements —
a
the Area Control Procedural Rating ( ACP ) as described in article 6 of the air traffic controllers’ directive;
b
the Area Control Procedural Rating may be accompanied by an Oceanic Control Rating Endorsement which entitles the holder to provide an area control service in the Shanwick Oceanic Control Area;
c
the Area Control Surveillance Rating ( ACS ) as described in article 6 of the air traffic controllers’ directive;
d
the Area Control Surveillance Rating must be accompanied by at least one of the following —
i
a rating endorsement described in paragraph 3 of article 7 of the air traffic controllers’ directive;
ii
the Multilateration Endorsement (MLT) which indicates that the holder is competent to provide an area control service with the use of multilateration;
iii
an Offshore Rating Endorsement which entitles the holder of a Radar Endorsement to provide an offshore service;
iv
a Special Tasks Rating Endorsement which entitles the holder of a Radar Automatic Dependent Surveillance or Multilateration Endorsement to provide a special tasks service.
Licence Endorsements
4
There are the following classes of licence endorsement —
a
an Examiner Licence Endorsement (which shall be valid for a period of three years) entitles the holder to sign a unit endorsement in respect of —
i
the air traffic control services that his air traffic controller licence entitles him to provide; or
ii
such other air traffic control services as the CAA may authorise for that holder;
b
an On-the-job Training Instructor Endorsement (which shall be valid for a period of three years) as described in article 9 of the air traffic controllers’ directive;
c
a Unit Endorsement as described in article 10 of the air traffic controllers’ directive;
d
a Language Endorsement .
.
Right of access etc
5
Article 145(1) is amended as follows —
a
at the end of subparagraph (c), omit “and”; and
b
after subparagraph (d), insert “and” and at the end, add —
e
to any building or place from which a certified training provider is carrying on business for the purpose of inspecting —
i
any facilities, equipment or accommodation used or intended to be used in connection with the provision of training; and
ii
any document or record which it or he has power to demand under article 119B.
.
Penalties
6
1
Article 148 is amended as follows.
2
In paragraph (4), after “Order” insert “(other than Part 10 and Schedule 11)”.
3
At the end, add —
8
Any person who contravenes article 107(1), 107A(1), 115 or 116 is guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine or imprisonment for a term not exceeding two years or both
8A
Any person who contravenes article 111, 112, 114(1), 117, 119A(1) or 119B is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
.
Interpretation
7
1
Article 155(1) is amended as follows.
2
After the definition of ‘Air/ground communications service’, insert —
‘air traffic controllers’ directive’ means Directive 2006/23/ EC of the European Parliament and Council on a Community air traffic controller licence;
.
3
For the definition of “air traffic control service”, substitute —
‘air traffic control service’ means a service provided for the purpose of preventing collisions between aircraft, and, on the manoeuvring area, between aircraft and obstructions, and expediting and maintaining an orderly flow of air traffic;
.
4
After the definition of “Certificated for single pilot operation” insert —
“certified training provider” means a person has been certified by the CAA under article 119A or by a national supervisory authority of another Member State in accordance with article 13 of the air traffic controllers’ directive
.
Competent authority
8
At the end of article 167, add —
3
The CAA is the national supervisory authority for the purposes of article 3 of the air traffic controllers’ directive.
.
Amendments to Schedule 14
9
1
Schedule 14 is amended as follows.
2
In Part A, omit the reference to article 107.
3
In Part B, omit the references to articles 115 and 116.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Carbon Accounting Regulations 2009 and come into force on 31st May 2009.
Interpretation
2
1
In these Regulations —
“assigned amount unit” means a unit issued —
under Article 7(3) of Decision No 280/2004/ EC of the European Parliament and of the Council concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol; or
by a party to the Kyoto Protocol which is not subject to that Decision;
“credit account” has the meaning given by regulation 4(1);
“the Emissions Trading Directive” means Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC ;
“the EU ETS ” means the European Union Emissions Trading Scheme established under the Emissions Trading Directive as implemented by the Greenhouse Gas Emissions Trading Scheme Regulations 2005 ;
“European Union allowance” means an assigned amount unit converted into an allowance for the purposes of the EU ETS in accordance with Article 45 of the Registries Regulation;
“the Kyoto Protocol” means the Kyoto Protocol to the UNFCCC signed at Kyoto on 11th December 1997;
“the Registries Regulation” means Commission Regulation (EC) No 2216/2004 for a standardised and secured system of registries pursuant to Directive 2003/87/EC of the European Parliament and of the Council and Decision No 280/2004/EC of the European Parliament and of the Council ;
“the registry administrator” means the Environment Agency, being the body appointed as the registry administrator for the UK registry for the purposes of the Registries Regulation;
“the relevant share of the UK assigned amount” means the amount of the UK assigned amount which is attributable to UK emissions;
“removal unit” means a unit issued under Article 3 of the Kyoto Protocol;
“the UK assigned amount” means 3,412,080,630 tonnes of carbon dioxide equivalent, being the assigned amount for the United Kingdom in the Annex to Commission Decision 2006/944/EC determining the respective emission levels allocated to the Community and each of its Member States under the Kyoto Protocol pursuant to Council Decision 2002/358/EC ;
“the UK registry” means the registry established for the United Kingdom in accordance with the Registries Regulation; and
“the UNFCCC” means the United Nations Framework Convention on Climate Change signed at New York on 9th May 1992.
2
In these Regulations “cancellation” of a carbon unit means voluntary cancellation in accordance with the Registries Regulation; and a unit is “cancelled” if the Secretary of State instructs the registry administrator to transfer it to the account known as the “National Cancellation Account” in the UK registry.
3
In these Regulations “operator” and “installation” have the meanings given by regulation 2 of the Greenhouse Gas Emissions Trading Scheme Regulations 2005, and “surrender” means surrender in accordance with regulation 10(3) of those Regulations.
Carbon units
3
1
For the purposes of Part 1 of the Climate Change Act 2008 the following are carbon units —
a
assigned amount units;
b
European Union allowances;
c
certified emission reductions;
d
emission reduction units; and
e
removal units.
2
Each carbon unit has a value of 1 tonne of carbon dioxide equivalent.
3
In this regulation —
“certified emission reduction” means a unit issued under Article 12 of the Kyoto Protocol and the decisions adopted under the UNFCCC or the Kyoto Protocol; and
“emission reduction unit” means a unit issued under Article 6 of the Kyoto Protocol and the decisions adopted under the UNFCCC or the Kyoto Protocol.
Duty to request the opening of a credit account
4
1
It is the duty of the Secretary of State, as soon as is reasonably practicable after these regulations come into force, to instruct the registry administrator to open an account (“the credit account”) in the UK registry for the purpose of holding carbon units which are to be credited to the net UK carbon account in accordance with regulation 5.
2
Unless paragraph (3) applies, carbon units in the credit account may only be transferred out of the credit account for the purposes of cancellation and no other request to transfer a carbon unit is to be regarded as an instruction to the registry administrator for the purposes of the Registries Regulation.
3
The registry administrator may treat a request to transfer a carbon unit out of the credit account for purposes other than cancellation as an instruction only if it is satisfied that —
a
no declaration under regulation 5(2)(b) has been made in respect of that carbon unit; and
b
the carbon unit was transferred to the credit account by mistake.
4
Any carbon unit transferred out of the credit account in accordance with paragraph (3) is to be returned to the account from which it was originally transferred.
Power to credit carbon units to the net UK carbon account
5
1
Carbon units may be credited to the net UK carbon account as follows.
2
A carbon unit is credited to the net UK carbon account if —
a
a person transfers the carbon unit to the credit account; and
b
a Minister of the Crown declares that the carbon unit is credited to the net UK carbon account.
3
A declaration under paragraph (2)(b) —
a
must state the year in respect of which the carbon unit is to be credited; and
b
may be made in such manner and at such time as the Minister of the Crown considers appropriate.
4
No Minister of the Crown may make a declaration under paragraph (2)(b) —
a
in respect of any removal unit that was originally issued to the United Kingdom; or
b
if the Minister reasonably believes that the carbon unit has been used to offset greenhouse gas emissions which are not UK emissions.
5
If a Minister of the Crown is minded not to make a declaration in respect of a carbon unit transferred to the credit account by the Scottish Ministers, the Welsh Ministers or a Northern Ireland department then the Minister of the Crown must consult that national authority before making a final decision.
Crediting and debiting of carbon units as a result of the operation of the EU ETS during the 2008–2012 budgetary period
6
1
It is the duty of the Secretary of State, in respect of each year of the 2008–2012 budgetary period, to calculate whether an amount of carbon units is to be credited to or debited from the net UK carbon account as a result of the operation of the EU ETS.
2
Calculations under this regulation are to be performed annually, and must be performed —
a
in respect of 2008, by 15th June 2009; and
b
in respect of any subsequent year of the 2008–2012 budgetary period (“Year X”), by 31st May in Year X+1.
3
In order to determine whether carbon units are to be credited or debited in respect of 2008, the Secretary of State must calculate whether the total amount of carbon units surrendered by operators of installations in the United Kingdom in the 16 months preceding 1st May 2009 is greater or less than 245,991,207.
4
In order to determine whether carbon units are to be credited or debited in respect of Year X, the Secretary of State must calculate whether the total amount of carbon units surrendered by operators of installations in the United Kingdom in the 12 months preceding 1st May in Year X+1 is greater or less than 245,991,207.
5
If the amount of carbon units surrendered is greater than 245,991,207, an amount of carbon units equal to the difference is to be credited to the net UK carbon account in respect of the appropriate year.
6
If the amount of carbon units surrendered is less than 245,991,207, an amount of carbon units equal to the difference is to be debited from the net UK carbon account in respect of the appropriate year.
Debiting to reflect the disposal of carbon units during the 2008–2012 budgetary period
7
1
It is the duty of the Secretary of State to calculate whether an amount of carbon units is to be debited from the net UK carbon account in respect of each year of the 2008–2012 budgetary period.
2
Calculations under this regulation are to be performed annually, and must be performed —
a
in respect of 2008, by 15th June 2009; and
b
in respect of any subsequent year of the 2008–2012 budgetary period (“Year X”), by 31st May in Year X+1.
3
In order to determine whether carbon units are to be debited in respect of 2008, the Secretary of State must calculate whether the UK holding of carbon units on 31st December 2008 was less than the relevant share of the UK assigned amount.
4
If so, an amount of carbon units equal to the difference is to be debited from the net UK carbon account in respect of 2008.
5
In order to determine whether carbon units are to be debited in respect of Year X, the Secretary of State must calculate whether the UK holding of carbon units on 31st December in Year X was less than —
a
the UK holding of carbon units on the 31st December in Year X–1; and
b
the relevant share of the UK assigned amount.
6
If so, then an amount of carbon units calculated in accordance with paragraph (7) is to be debited from the net UK carbon account in respect of Year X.
7
The amount of carbon units to be debited is an amount equal to whichever is the lesser of the differences calculated in accordance with paragraph (5) .
8
In this regulation “the UK holding of carbon units” —
a
means the total amount of carbon units held in the accounts called the “2008–2012 AAU Holding Account (Issuance)” and the “National Retirement Account” in the UK registry; and
b
is deemed to include the total number of European Union allowances to be allocated to operators of installations in the United Kingdom in accordance with Part 3 of the Greenhouse Gas Emissions Trading Scheme Regulations 2005, regardless of whether those allowances have been issued to those operators.
Duty to cancel carbon units at the end of the 2008–2012 budgetary period
8
1
It is the duty of the Secretary of State, during a period beginning with 1st January 2013 and ending with 15th May 2014, to ensure that carbon units have been cancelled in accordance with this regulation.
2
Each carbon unit in the credit account must be cancelled.
3
An additional amount of carbon units must be cancelled, calculated as follows —
A = B − C − D + E + F − G
Where —
A is the additional amount of carbon units to be cancelled;
B is the relevant share of the UK assigned amount;
C is the level of the carbon budget;
D is the amount of carbon units cancelled under paragraph (2) ;
E is the amount of carbon units cancelled under paragraph (2) in relation to which no declaration was made under regulation 5(2)(b) ;
F is the net amount of emissions of targeted greenhouse gases into the atmosphere due to land use, land use change and forestry activities in the United Kingdom during the 2008–2012 budgetary period, calculated in accordance with international carbon reporting practice; and
G is the net amount of emissions of targeted greenhouse gases into the atmosphere due to land use, land use change and forestry activities in the United Kingdom during the 2008–2012 budgetary period, calculated in accordance with paragraphs 3 and 4 of Article 3 of the Kyoto Protocol.
4
If the Secretary of State fails to cancel the required amount of carbon units in accordance with this regulation then, immediately after the expiry of the period mentioned in paragraph (1) , an amount of carbon units equal to the shortfall is to be debited from the net UK carbon account in respect of the 2008–2012 budgetary period.
Duty to maintain a register of transactions
9
1
It is the duty of the Secretary of State to maintain a register containing information about the carbon units credited to and debited from the net UK carbon account under these Regulations.
2
In relation to carbon units transferred to the credit account under regulation 5 , the register must contain details of —
a
the type of carbon unit transferred;
b
the date of transfer to the credit account;
c
the date of any declaration that the carbon unit is to be credited to the net UK carbon account; and
d
the year in respect of which the carbon unit is to be credited.
3
In relation to carbon units to be credited or debited in accordance with regulation 6 , the register must contain details of —
a
the date on which the calculation was performed;
b
the figures used in the calculation;
c
the amount of carbon units to be credited to or debited from the net UK carbon account; and
d
the year in respect of which that amount of carbon units is to be credited or debited.
4
In relation to carbon units to be debited in accordance with regulation 7 , the register must contain details of —
a
the date on which the calculation was performed;
b
the figures used in the calculation;
c
the amount of carbon units to be debited from the net UK carbon account;
d
the year in respect of which that amount of carbon units is to be debited.
5
In relation to carbon units required to be cancelled in accordance with regulation 8 , the register must contain details of —
a
the date on which the calculation was performed;
b
the figures used in the calculation;
c
the amount of carbon units required to be cancelled;
d
the amount of carbon units cancelled;
e
the date of cancellation; and if necessary
f
the amount of units to be debited from the net UK carbon account in respect of the 2008–2012 budgetary period.
Joan Ruddock
Parliamentary Under Secretary of State
Department of Energy and Climate Change
Date 20th May 2009