type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Passengers’ Council (Non-Railway Functions) Order 2010 and comes into force on the day after the day on which it is made.
New name for Rail Passengers’ Council
2
1
The body corporate established under section 19(1) of the Railways Act 2005 is to be known as the Passengers’ Council.
2
The consequential amendments in the Schedule have effect.
3
References in enactments, instruments or documents to the Central Rail Users’ Consultative Council or to the Rail Passengers’ Council have effect after the coming into force of this Order as references to the Passengers’ Council.
Conferral of non-railway functions on the Passengers’ Council
3
1
After section 112 of the Transport Act 1985 insert —
PART 5A PASSENGERS’ COUNCIL: ROAD PASSENGER TRANSPORT FUNCTIONS IN ENGLAND
Introductory
112A
1
“Road passenger transport service” means —
a
a local service , so far as operating in England;
b
a domestic coach service, so far as operating in England; or
c
a tramway passenger service, so far as operating in England.
2
But a service is not a “road passenger transport service” if —
a
it is an excursion or tour ; or
b
it is provided in a public service vehicle used under a permit granted under section 19.
3
“Road passenger transport facility” means a facility in England for road passenger transport services.
4
This section has effect for the purposes of this Part.
Duty to keep road passenger transport services and facilities under review
112B
1
The Passengers’ Council must, so far as it appears expedient from time to time to do so —
a
keep under review matters affecting the interests of the public in relation to road passenger transport services and facilities; and
b
make representations to, and consult, such persons as it considers appropriate about those matters.
2
The Council and any other public body may enter into an agreement for that other body to be responsible, in accordance with the agreement, for —
a
determining what is expedient for the purposes of subsection (1) in relation to an area specified in the agreement; and
b
otherwise performing the Council’s functions under subsection (1) in relation to that area.
3
So long as an agreement under subsection (2) is in force —
a
the duties of the Council under subsection (1) in relation to the area specified in the agreement fall on the other party to the agreement instead of on the Council; but
b
the Council is not prevented from doing anything mentioned in subsection (1) in relation to that area.
4
An agreement under subsection (2) —
a
may be entered into on such terms and conditions as the parties to it may agree; and
b
may contain provision for determining, for the purposes of this section, in what circumstances things done under or for the purposes of subsection (1) are to be treated as done in relation to the area specified in the agreement.
5
The written consent of the Secretary of State is required before the Council and another public body may enter into an agreement under this section.
6
In this section “public body” means any authority or other body on which functions are conferred by or under an enactment.
Duty to investigate road passenger transport services and facilities
112C
1
The Passengers’ Council must investigate any matter relating to the provision of road passenger transport services or facilities if —
a
the matter is the subject of a representation made to the Council by a user or potential user of road passenger transport services or facilities;
b
the matter is the subject of a representation made to the Council by an organisation representative of users or potential users of road passenger transport services or facilities;
c
the matter is referred to the Council by the Secretary of State for investigation; or
d
it appears to the Council that the matter is one which the Council ought to investigate.
2
The Council is not required to investigate a matter in a case falling within subsection (1)(a) or (b) if the matter appears to the Council to be frivolous or vexatious.
3
The Council is not required to investigate a matter in a case falling within subsection (1)(a) or (b) if, or to the extent that, the Council refers the matter to another body under section 112D.
4
The Council must not investigate by virtue of subsection (1)(d) any matter which relates solely to the provision of London road passenger transport services or facilities.
5
Subsection (4) does not prevent the Council from so investigating any such matter as part of an investigation of a matter which relates wholly or mainly to —
a
the provision of road passenger transport services or facilities other than London road passenger services or facilities; or
b
the provision of road passenger transport services or facilities in any part of England outside London.
Power to refer matters elsewhere instead of investigating
112D
1
This section applies in relation to a matter which is the subject of a representation made to the Passengers’ Council under section 112C(1)(a) or (b).
2
If the Council thinks that it would be more appropriate for the matter to be considered —
a
by an operator of road passenger transport services;
b
by a provider of road passenger transport facilities; or
c
by any body which does not fall within paragraph (a) or (b);
the Council may refer the matter to that person or body.
3
The Council must refer the matter to the London Transport Users’ Committee if, or in so far as, it appears to the Council to relate to the provision of London road passenger transport services or facilities.
4
Subsection (3) does not require the Council to refer a matter to the Committee if, or in so far as, it appears to the Council to relate to the provision of a long distance coach service.
5
Subsection (4) does not apply in the case of a matter if, or in so far as, it appears to the Council to relate to a London local passenger.
6
Subsection (4) does not prevent the Council referring a matter under subsection (3) if, or in so far as, it considers it appropriate to do so.
7
In this section —
“London local passenger” means a passenger making a journey which begins and ends at stopping places in London;
“long distance coach service” means a bus service —
which has one or more stopping places outside London; and
which would be a domestic coach service, if no account were taken of any London local passengers.
Investigations: power to obtain information
112E
1
This section applies if the Passengers’ Council is carrying out an investigation under section 112C in relation to road passenger transport services or facilities.
2
If the Council requests an operator of services, or a provider of facilities, to provide any information which the Council considers necessary for the purpose of carrying out the investigation, subsection (3) applies.
3
A person who receives such a request must provide the information unless —
a
the person does not have, and cannot reasonably obtain, it; or
b
the provision of the information would impose an unreasonable burden on the person.
4
A person who relies on paragraph (a) or (b) of subsection (3) must notify the Council in writing of that fact, stating the reason why the paragraph in question applies.
5
If the Council —
a
has requested information from an operator of local services or domestic coach services, and
b
considers that it has not received a satisfactory response to that request,
the Council may refer the matter to a traffic commissioner.
6
If the Council —
a
has requested information from an operator of tramway passenger services, and
b
considers that it has not received a satisfactory response to that request,
the Council may refer the matter to the promoter.
7
If a matter is referred by virtue of subsection (5) or (6), the traffic commissioner or, as the case may be, the promoter may require the recipient of the request mentioned in subsection (2) to provide such of the information as the traffic commissioner or promoter considers appropriate.
Investigations: protection of confidential information
112F
1
This section applies to any information provided to the Passengers’ Council pursuant to section 112E(3) in the circumstances described in subsection (2).
2
The circumstances are that —
a
the person who provided the information has requested that the information be held in confidence; and
b
a person would not be entitled to the information in response to a request made in accordance with the Freedom of Information Act 2000 by virtue of the exemptions in section 41 or 43 of that Act.
3
Information to which this section applies must not —
a
be included in any investigation report published under section 112K; or
b
be disclosed by the Council to any other person.
4
Nothing in this section affects —
a
the power of the Council to refer a matter, including the confidential information, following investigation in accordance with section 112H or 112I; or
b
any obligation on the Council to disclose information in order to comply with an order of a court or a tribunal.
Investigations: representations
112G
1
Having investigated a matter under section 112C the Passengers’ Council may, if it considers it appropriate to do so, make representations to —
a
an operator of road passenger transport services;
b
a provider of road passenger transport facilities;
c
a local traffic authority in England;
d
the Highways Agency of the Secretary of State for Transport;
e
a local transport authority in England.
2
If the Council makes representations to a person under this section —
a
the person must have regard to those representations; and
b
the person must, within a reasonable time, send the Council a written statement describing any actions that the person has taken or intends to take in response to the representations.
Referrals following investigation
112H
1
This section applies if the Passengers’ Council —
a
has made representations under section 112G; and
b
considers that it is unable to achieve a satisfactory outcome by that means.
2
If the representations were made to any operator of local services or domestic coach services, the Council may refer the matter to a traffic commissioner.
3
If the representations were made to any operator of tramway passenger services, the Council may refer the matter to the promoter.
4
If the representations were made to a local traffic authority and the Council considers that it may be appropriate for a traffic commissioner to exercise powers under section 27A (additional powers in relation to local traffic authorities where service not operated as registered) , the Council may refer the matter to a traffic commissioner.
5
If the representations were made to a local traffic authority and the Council considers that it may be appropriate for the Secretary of State to exercise powers under Part 2 of the Traffic Management Act 2004 (enforcement of network management duties), the Council may refer the matter to the Secretary of State.
Referrals in cases where investigation identifies other failings
112I
1
This section applies if, on investigating a matter under section 112C, the Passengers’ Council has reason to believe that —
a
an operator of local services has failed to operate a local service registered under section 6 or has operated a local service in contravention of that section; or
b
the holder of a PSV operator’s licence is contravening, or is likely to contravene, any conditions or requirements of that licence.
2
The Council may refer a matter described in subsection (1) to a traffic commissioner.
Traffic commissioner’s duty following referral
112J
1
This section applies if the Passengers’ Council refers a matter to a traffic commissioner under section 112E, 112H or 112I.
2
The traffic commissioner dealing with the matter must consider whether, in connection with the matter, it would be appropriate to exercise any of the powers of a traffic commissioner in respect of —
a
an operator of local services;
b
a holder of a PSV operator’s licence; or
c
a local traffic authority.
Investigation reports
112K
1
This section applies where the Passengers’ Council has investigated a matter under section 112C.
2
The Council may prepare a report of its findings (an “investigation report”).
3
The Council may send a copy of an investigation report to the Secretary of State and to such other persons as the Council thinks fit.
4
The Council may publish an investigation report.
5
In the case of an investigation report prepared following an investigation which is carried out as the result of a referral by the Secretary of State under section 112C(1)(c), the Council must obtain the Secretary of State’s consent before —
a
sending the report to any person other than the Secretary of State; or
b
publishing the report.
Interpretation of Part 5A
112L
1
In this Part —
“domestic coach service” means a bus service which —
carries passengers at separate fares; and
is not a local service;
“local traffic authority” has the meaning given by section 121A of the Road Traffic Regulation Act 1984 ;
“local transport authority” has the meaning given by section 108(4) of the Transport Act 2000 ;
“London road passenger transport services or facilities” means road passenger transport services or facilities —
provided by Transport for London or any of its subsidiaries;
provided in pursuance of an agreement entered into by Transport for London or in pursuance of a transport subsidiary’s agreement; or
otherwise authorised by Transport for London to be provided;
“promoter”, in the case of any tramway passenger services, means the person authorised to secure the provision of those services with whom the operator of the services has entered into an agreement granting the operator the right to operate them;
“road passenger transport facility” has the meaning given by section 112A(3);
“road passenger transport service” has the meaning given by section 112A(1) and (2);
“subsidiary”, in relation to Transport for London, has the same meaning as in the Greater London Authority Act 1999 (see section 424(1) of that Act );
“tramway” has the meaning given by section 67(1) of the Transport and Works Act 1992 ;
“tramway passenger service” means any service for the carriage of passengers by tramway;
“transport subsidiary’s agreement” has the same meaning as in the Greater London Authority Act 1999 (see section 169 of that Act).
2
Where, by virtue of this Part, a person is required to submit information or documents to the Passengers’ Council, the information or documents may be transmitted to an electronic address and in an electronic form specified by the Council.
.
2
During the period (if any) which —
a
begins with the day on which this Order comes into force, and
b
ends immediately before the coming into force of the amendments made by section 2 of the Local Transport Act 2008 (traffic commissioners to be appointed nationally instead of for traffic areas),
any matter which is to be referred to a traffic commissioner by virtue of any provision of Part 5A of the Transport Act 1985 is to be referred to the traffic commissioner for any traffic area in which the operator of the service, or (as the case may be) the holder of a PSV operator’s licence, to whom the matter relates has one or more operating centres for vehicles used under a PSV operator’s licence.
3
In paragraph (2), the following expressions have the same meaning as in the Transport Act 1985 (see section 137 of that Act) —
“operating centre”;
“PSV operator’s licence”;
“traffic area ”;
“traffic commissioner”.
Members of the Passengers’ Council
4
In section 19(2)(e) of the Railways Act 2005 (appointment of members) for “not more than twelve” substitute “not more than fourteen”.
Consequential amendments to Schedule 5 to the Railways Act 2005
5
1
Schedule 5 to the Railways Act 2005 (Rail Passengers’ Council established by section 19(1)) is amended as follows.
2
In paragraph 16(2) —
a
omit “or” at the end of paragraph (a);
b
at the end of paragraph (b) insert —
or
c
a traffic commissioner,
.
3
In paragraph 18(1), after “in relation to the carrying out of” insert “any or all of”.
Signed by authority of the Secretary of State
Sadiq Khan
Minister of State
Department for Transport
24th February 2010


text:
Citation and interpretation
1
1
This Order may be cited as the Violent Crime Reduction Act 2006 (Commencement No. 9) Order 2010.
2
In this Order, “the 2006 Act ” means the Violent Crime Reduction Act 2006.
Commencement
2
The following provisions of the 2006 Act shall come into force, in relation to proceedings in magistrates’ courts in the relevant areas, on 1st November 2010 —
a
section 6 (orders on conviction in criminal proceedings);
b
section 7 (supplementary provision about orders on conviction); and
c
section 8 (variation or discharge of orders under section 6).
3
The following provisions of the 2006 Act shall come into force on 1st November 2010 in relation to proceedings in magistrates’ courts in the relevant areas, insofar as they are not already in force —
a
section 9 (interim orders);
b
section 10 (appeals);
c
section 11 (breach of drinking banning orders);
d
section 12 (approved courses);
e
section 13 (certificates of completion of approved courses); and
f
section 14 (interpretation of Chapter 1).
4
In articles 2 and 3, “the relevant areas” means the local justice areas set out in the Schedule to this Order.
James Brokenshire
Parliamentary Under Secretary of State
Home Office
18th October 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2010.
2
This Order comes into force on 24th February 2010.
3
In this Order, “ the Act ” means the Financial Services and Markets Act 2000 and “the Principal Order ” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 .
Amendment of the Principal Order
2
1
The Principal Order is amended as follows.
2
In article 77 (instruments creating or acknowledging indebtedness) —
a
in paragraph (1), for “article 78” substitute “article 77A or 78”;
b
in paragraph (2), after sub-paragraph (d) insert —
e
an instrument which does not fall within article 77A by reason only of failing to meet the requirements of either sub-paragraph (e) or (f) (or both) of paragraph (2) of that article.
.
3
After article 77 insert —
Alternative finance investment bonds
77A
1
Rights under an alternative finance investment bond, to the extent that they do not fall within article 78.
2
For the purposes of this article, arrangements constitute an alternative finance investment bond if —
a
the arrangements provide for a person (“the bond-holder”) to pay a sum of money (“the capital”) to another (“the bond-issuer”);
b
the arrangements identify assets, or a class of assets, which the bond-issuer will acquire for the purpose of generating income or gains directly or indirectly (“the bond assets”);
c
the arrangements specify a period at the end of which they cease to have effect (“the bond term”);
d
the bond-issuer undertakes under the arrangements —
i
to make a repayment in respect of the capital (“the redemption payment”) to the bond-holder during or at the end of the bond term (whether or not in instalments); and
ii
to pay to the bond-holder other payments on one or more occasions during or at the end of the bond term (“the additional payments”);
e
the amount of the additional payments does not exceed an amount which would, at the time at which the bond is issued, be a reasonable commercial return on a loan of the capital; and
f
the arrangements are a security admitted to —
i
an official list (in accordance with the provisions of Directive 2001/34/ EC of the European Parliament and of the Council on the admission of securities to official stock exchange listing and on information to be published on those securities) ; or
ii
trading on a regulated market (within the meaning of Article 4.1(14) of Directive 2004/39/EC of the European Parliament and of the Council on markets in financial instruments) or on a recognised investment exchange (within the meaning of section 285 of the Act).
3
For the purposes of paragraph (2) —
a
the bond-issuer may acquire the bond assets before or after the arrangements take effect;
b
the bond assets may be property of any kind, including rights in relation to property owned by someone other than the bond-issuer;
c
the identification of the bond assets mentioned in paragraph (2)(b) and the undertakings mentioned in paragraph (2)(d) may (but need not) be described as, or accompanied by a document described as, a declaration of trust;
d
the reference to a period in paragraph (2)(c) includes any period specified to end upon the redemption of the bond by the bond-issuer;
e
the bond-holder may (but need not) be entitled under the arrangements to terminate them, or participate in terminating them, before the end of the bond term;
f
the amount of the additional payments may be —
i
fixed at the beginning of the bond term;
ii
determined wholly or partly by reference to the value of or income generated by the bond assets; or
iii
determined in some other way;
g
if the amount of the additional payments is not fixed at the beginning of the bond term, the reference in paragraph (2)(e) to the amount of the additional payments is a reference to the maximum amount of the additional payments;
h
the amount of the redemption payment may (but need not) be subject to reduction in the event of a fall in the value of the bond assets or in the rate of income generated by them; and
i
entitlement to the redemption payment may (but need not) be capable of being satisfied (whether or not at the option of the bond-issuer or the bond-holder) by the issue or transfer of shares or other securities.
4
An instrument excluded from paragraph (1) of article 78 by paragraph (2)(b) of that article is not thereby taken to fall within paragraph (1) of this article.
.
4
In article 78(2), before the words “There are excluded” insert “Subject to paragraph (3),”.
5
After article 78(2) insert —
3
Paragraph (2)(a) does not exclude an instrument which meets the requirements set out in sub-paragraphs (a) to (e) of article 77A(2).
.
Amendment of the Financial Services and Markets Act 2000 (Collective Investment Schemes) Order 2001
3
1
The Schedule to the Financial Services and Markets Act 2000 (Collective Investment Schemes) Order 2001 is amended as follows.
2
In paragraph 5(1)(a) after “77” insert “or 77A” and for “(instruments creating or acknowledging indebtedness)” substitute “(debt instruments)”.
Consequential amendments
4
The Schedule (which contains consequential amendments) has effect.
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
19th January 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the European Communities (Designation) (No. 4) Order 2010 and comes into force on 10th November 2010.
2
In this Order —
“designated” means designated for the purposes of section 2(2), and similar expressions are to be construed accordingly;
“section 2(2)” means section 2(2) of the European Communities Act 1972;
“subordinate legislation” means orders, rules, regulations or schemes made under section 2(2).
Designation in relation to public procurement
2
The Minister for the Cabinet Office is designated in relation to public procurement.
Designation in relation to social security
3
1
Each of the following is designated in relation to social security —
a
the Secretary of State, and
b
any Northern Ireland department.
2
Paragraph (1)(b) only designates a Northern Ireland department to make subordinate legislation that forms part of the law of Northern Ireland but not of any other part of the United Kingdom (but this does not restrict the application of article 4(2)).
Relationship with other designations
4
1
This Order does not restrict the scope of any designation made by any other Order.
2
Where —
a
a Minister of the Crown or government department, including a Northern Ireland department, is designated by this Order, and
b
any other Minister of the Crown or government department, including a Northern Ireland department, is designated in relation to the same matter by this or any other Order,
any of them may make subordinate legislation in relation to that matter jointly.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
1
This Order may be cited as the Eastern Inshore Fisheries and Conservation Order 2010.
2
This Order comes into force on 1st October 2010.
Interpretation
2
1
In this Order —
“the Marine Act ” means the Marine and Coastal Access Act 2009;
“additional member” is to be read in accordance with article 5(2)(c) ;
“ the Authority ” means the Eastern Inshore Fisheries and Conservation Authority (see article 4 );
“chair” means the chair of the Authority (see article 7 );
“council member” is to be read in accordance with article 5(2)(a) ;
“the district” is to be read in accordance with article 3(1) ;
“general member” is to be read in accordance with article 5(2)(b) ;
“relevant appointing body”, in relation to a person, means the body that appointed the person as a member of the Authority;
“relevant council” is to be read in accordance with article 3(3) ;
“vice-chair” is to be read in accordance with article 14 (1).
2
Expressions used in this Order and in Chapter 1 of Part 6 of the Marine Act have the same meaning in this Order as they have in that Chapter.
The Eastern Inshore Fisheries and Conservation District
3
1
There is to be an inshore fisheries and conservation district known as the Eastern Inshore Fisheries and Conservation District (“the district”).
2
The district is the area that consists of —
a
the combined areas of the relevant councils (the “basic area” of the district); and
b
the adjacent area of sea (see paragraph (4) ).
3
The “relevant councils” are —
Lincolnshire County Council;
Norfolk County Council;
Suffolk County Council.
4
The “adjacent area of sea” is so much of the sea adjacent to the basic area of the district as lies —
a
within the boundaries specified in paragraph (5) ; and
b
to a distance of 6 nautical miles from the 1983 baselines .
5
Those boundaries are —
a
a loxodromic line joining the co-ordinates numbered 1 and 2 in Part 1 of the Table in the Schedule; and
b
a loxodromic line joining the co-ordinates numbered 1 to 6 in Part 2 of that Table.
6
In this article —
a
“the 1983 baselines” means the baselines for the measurement of the breadth of the territorial sea of the United Kingdom as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964 ;
b
“ co-ordinate ” means a co-ordinate of latitude and longitude on the World Geodetic System 1984; and
c
“ nautical mile ” means an international nautical mile of 1,852 metres.
The Eastern Inshore Fisheries and Conservation Authority
4
The inshore fisheries and conservation authority for the district is to be known as the Eastern Inshore Fisheries and Conservation Authority.
Membership of the Authority
5
1
The Authority is to consist of 21 members.
2
Of those 21 members —
a
7 (the “council members”) must be members of relevant councils and must be appointed in accordance with paragraph (3) ;
b
12 (the “general members”) must be persons appointed by the MMO , and must include at least one employee of the MMO; and
c
2 (the “additional members”) must be appointed in accordance with paragraph (4) .
3
The number of council members to be appointed by each relevant council is as follows —
Relevant council Number of members
Lincolnshire County Council 2 Norfolk County Council 3 Suffolk County Council 2
4
One of the additional members is to be appointed by the Environment Agency and the other is to be appointed by Natural England.
Terms of appointment
6
1
A person appointed as a member of the Authority holds and vacates office in accordance with the terms of the appointment.
2
The terms of appointment of a member are such as the body making the appointment determines.
3
Paragraph (1) is subject to articles 9 to 11 .
Appointment of Chair
7
1
The Authority must appoint from among its members a person to be the chair of the Authority.
2
Paragraph (1) is subject to articles 8(6) and 14(5) (eligibility for re-appointment).
3
The Authority must appoint the chair at the first meeting of the Authority held after the beginning of each financial year.
4
The chair holds office for the period beginning with the meeting at which the chair is appointed and ending with the first meeting of the Authority held after the beginning of the following financial year, but this is subject to articles 8 to 11 .
Removal of Chair
8
1
The Authority may remove a person from the office of chair if the condition in paragraph (2) is met.
2
The condition is that the Authority considers that the person is failing, or has failed, to discharge the duties of the chair in accordance with the requirements of —
a
the Marine Act;
b
this Order; or
c
any standing orders made by the Authority.
3
If a person is removed from the office of chair under this article, the Authority must appoint another person from among its members to the office of chair.
4
Paragraph (3) is subject to paragraph (6) and article 14(5) .
5
The person so appointed —
a
takes office on being appointed; and
b
holds office for the remainder of the period specified in article 7(4) ,
but paragraph (b) is subject to the further application of this article and to articles 9 to 11 .
6
A person who has been removed from the office of chair under this article is not eligible to be re-appointed as chair.
Resignation from office
9
1
A person may resign as a member of the Authority by giving notice in writing to —
a
the Authority; and
b
the relevant appointing body.
2
A person appointed as chair may resign from the office of chair by giving notice in writing to the Authority.
3
The Authority must appoint a person from among its members to the office of chair where —
a
a person who resigns as a member is the chair; or
b
a person appointed as chair resigns from the office of chair.
4
Paragraph (3) is subject to articles 8(6) and 14(5) .
5
The person so appointed —
a
takes office on being appointed; and
b
holds office for the remainder of the period specified in article 7(4) ,
but paragraph (b) is subject to the further application of this article and to articles 8 , 10 and 11 .
Suspension of membership
10
1
The Authority or the relevant appointing body may suspend the appointment of any member against whom criminal proceedings are commenced.
2
Where —
a
the member is acquitted of the offence; or
b
the proceedings are discontinued or withdrawn,
the suspension ends on the acquittal, discontinuance or withdrawal.
3
If the member is the chair, the member is also suspended as chair for the period of the suspension of membership.
4
A council member whose membership of the relevant appointing body is suspended is, for the period of that suspension, also suspended —
a
as a member of the Authority; and
b
if the council member is the chair, as chair.
Termination of membership
11
1
A person’s appointment as a member of the Authority ceases in any of the following circumstances —
a
the person is convicted of an offence under fisheries legislation, nature conservation legislation or marine licensing legislation;
b
a monetary penalty is imposed on the person under fisheries legislation, nature conservation legislation or marine licensing legislation;
c
the person is a council member and ceases to be a member of the relevant council that appointed the person as a member.
2
The Authority may terminate the appointment of a person as a member if the person is convicted of a criminal offence other than one under fisheries legislation, nature conservation legislation or marine licensing legislation.
3
The Authority must appoint a person from among its members to the office of chair where —
a
a person whose membership ceases under this article is the chair; or
b
a person whose membership ceases under the terms of the person’s appointment is the chair.
4
Paragraph (3) is subject to articles 8(6) and 14(5) .
5
The person so appointed —
a
takes office on being appointed; and
b
holds office for the remainder of the period specified in article 7(4) ,
but paragraph (b) is subject to the further application of this article and to articles 8 to 10 .
6
In this article —
a
“fisheries legislation” means enactments relating to sea or freshwater fishing;
b
“marine licensing legislation” means Part 4 of the Marine Act; and
c
“nature conservation legislation” means the enactments mentioned in section 237(2) of the Marine Act.
7
In paragraph (6) “enactment” includes an enactment contained in subordinate legislation.
Eligibility for appointment or re-appointment
12
A person is not eligible for appointment or re-appointment as a member of the Authority if —
a
the person has been convicted of a criminal offence; and
b
the conviction is not spent for the purposes of the Rehabilitation of Offenders Act 1974 .
Quorum and general procedure
13
1
A meeting of the Authority is quorate if —
a
6 or more members are present;
b
at least one of those members is a council member; and
c
at least one of those members is a general member.
2
The relevant councils may not make standing orders as respects the Authority under section 106 of the Local Government Act 1972 (standing orders with respect to proceedings).
Chairing of meetings
14
1
The Authority must appoint from among its members a person (the “vice-chair”) who is to chair any meeting of the Authority which the chair is unable to chair (but see paragraphs (4) and (5) ).
2
If neither the chair nor the vice-chair is able to chair a meeting of the Authority, the members present at the meeting must appoint one of their number to chair the meeting.
3
Articles 7(3) and (4) , 8(1) to (3) and (5) , 9(2), (3) and (5) , 10(3) and (4) and 11(3) and (5) apply to the vice-chair as they apply to the chair.
4
A person who has been removed from the office of chair under article 8 is not eligible to be appointed as vice-chair.
5
A person who has been removed from the office of vice-chair under article 8 is not eligible to be appointed as chair or re-appointed as vice-chair.
Expenses and allowances
15
1
The Authority may reimburse the expenses of its members incurred in connection with attending a meeting of the Authority or otherwise carrying out the functions of the Authority.
2
The Authority may pay to its members such allowances as it may determine.
3
In particular, the Authority may pay to a general member who is not an employee of the MMO an allowance in respect of a loss of earnings arising from that member’s attendance at a meeting of the Authority.
4
The Authority must determine, before the beginning of each financial year, the circumstances in which a member is eligible under this article for the reimbursement of expenses incurred in that year or the receipt of an allowance in respect of that year.
Expenses of the Authority
16
1
The expenses incurred by the Authority must be defrayed by the relevant councils in accordance with paragraph (2) .
2
The percentage of those expenses to be defrayed by each relevant council is as follows —
Relevant council Percentage
Lincolnshire County Council 32.6% Norfolk County Council 38.5% Suffolk County Council 28.9%
3
Before the consideration of any motion by virtue of subsection (4) of section 180 of the Marine Act to veto the total amount of expenses incurred by the Authority which is to be defrayed pursuant to that section, the Authority must give notice in writing of that motion to each council member.
Delegation of Authority’s functions
17
1
If the Authority considers it necessary or expedient for the exercise of its functions, it may authorise a sub-committee or any member or employee of the Authority to exercise any of the Authority’s functions.
2
A sub-committee may not include persons who are not members of the Authority.
3
Paragraph (1) does not prevent the Authority from exercising the function itself.
Validity of acts and proceedings
18
The validity of anything done by the Authority, or by any sub-committee of the Authority, is not affected by any of the following —
a
any vacancy in the office of chair or vice-chair;
b
any deficiency in the total number of members of the Authority or sub-committee;
c
any deficiency in the number of council members, general members or additional members;
d
any defect in a person’s appointment as the chair or vice-chair or as a member of the Authority or sub-committee.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
31st August 2010


text:
Citation and commencement
1
These Regulations may be cited as the Education (Independent Educational Provision in England) (Unsuitable Persons) (Amendment) Regulations 2010 and come into force on 1st January 2011.
Amendment to the Education (Independent Educational Provision in England) (Unsuitable Persons) Regulations 2009
2
For regulation 2 of the Education (Independent Educational Provision in England) (Unsuitable Persons) Regulations 2009 (unsuitable persons: prescribed kind of work) substitute —
2
The kind of work prescribed for the purposes of section 119(1)(a) of the 2008 Act is any form of work (whether or not for gain) which gives the person the opportunity, in consequence of anything the person is permitted or required to do in connection with the work, to have contact with a student at the institution who is a child or vulnerable adult within the meanings in the Safeguarding Vulnerable Groups Act 2006 .
.
Nick Gibb
Minister of State
Department for Education
7th December 2010


text:
Citation, commencement and extent
1
1
This Order may be cited as the Uzbekistan (Restrictive Measures) (Overseas Territories) (Revocation) Order 2010 and shall come into force on 8th April 2010.
2
This Order extends to the territories specified in the Schedule to this Order.
Revocation
2
The Uzbekistan (Restrictive Measures) (Overseas Territories) Order 2006 is revoked.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement, application and supplementary provision
1
1
This Order may be cited as The Ecclesiastical Exemption (Listed Buildings and Conservation Areas) (England) Order 2010 and shall come into force on 1st October 2010.
2
This Order applies to buildings situated in England only.
3
Nothing in this Order shall operate to require listed building consent or conservation area consent for works commenced or in respect of which a contract has been made before this Order comes into force.
Revocation
2
The Ecclesiastical Exemption (Listed Buildings and Conservation Areas) Order 1994 is revoked in respect of England only.
Interpretation
3
1
In this Order, unless the context otherwise requires —
“ the Act ” means the Planning (Listed Buildings and Conservation Areas) Act 1990;
“church building” means a building whose primary use is as a place of worship, and for the purposes of this Order —
any object or structure fixed to that building, and
any object or structure within the curtilage of that building which, although not fixed to that building forms part of the land
shall be treated as part of the church building;
“the ecclesiastical exemption” means the exemption of buildings from the provisions of sections 3, 4, 7 to 9, 47, 54, 59 and 74 of the Act by virtue of sections 60(1) and 75(1)(b) of the Act;
“ the Measure ” means the Care of Cathedrals Measure 1990 ;
“the Methodist Church” means the Methodist Church as defined in section 2(1) of the Methodist Church Act 1976 ;
“monument” includes a tomb, gravestone or other memorial and any kerb or setting forming part thereof;
“the red line” means the red line shown on the plan relating to that cathedral church entitled “Ecclesiastical Exemption (Listed Buildings and Conservation Areas) Order 1994”, signed by an Assistant Secretary in the Department of National Heritage, dated 21st June 1994 and deposited with the local planning authority.
2
A reference to a “building” in article 7 and article 8 includes a reference to —
a
any object or structure fixed to that building, and
b
any object or structure within the curtilage of that building which, although not fixed to that building forms part of the land.
3
This Order only applies to a building which is an ecclesiastical building which is for the time being used for ecclesiastical purposes.
Exclusion or restriction of ecclesiastical exemption
4
The ecclesiastical exemption is excluded in respect of all buildings other than those falling within article 5, 6, 7 or 8.
Buildings within the faculty jurisdiction
5
The ecclesiastical exemption is retained for church buildings within the faculty jurisdiction of the Church of England.
Buildings within the Care of Cathedrals Measure 1990
6
The ecclesiastical exemption is retained for the following buildings subject to the Measure —
a
any building within the precinct of a cathedral church for the purposes of the Measure and enclosed within the red line;
b
any church building within the precinct of a cathedral church for the purposes of the Measure and situated outside the red line;
c
any monument —
i
within the precinct of a cathedral church for the purposes of the Measure and situated outside the red line; and
ii
situated in a churchyard, graveyard or other land which is or has been used for the purposes of burial.
Other ecclesiastical buildings
7
1
The ecclesiastical exemption is retained for buildings in the following categories, but is restricted to the extent set out in paragraph (2) —
a
church buildings —
i
held in trust by the diocesan trustees of a diocese of the Roman Catholic Church; or
ii
used for worship according to the rites, doctrinal standards, principles or usages of the Roman Catholic Church;
b
church buildings owned by or held in trust for or for the purposes of the Methodist Church or any connexional or local organisation of the Methodist Church;
c
church buildings held in trust for a church in membership with the Baptist Union of Great Britain or the Baptist Union of Wales (whether alone or jointly with another person) by a trust corporation referred to in Schedule 1;
d
church buildings owned by or held in trust for the purposes of the United Reformed Church which are situated within one of the Provinces set out in Schedule 2 and held on the trusts set out in Part I of Schedule 2 to the United Reformed Church Act 1972 or Part I of Schedule 2 to the United Reformed Church Act 1981 ;
e
church buildings on any premises forming part of one of the educational institutions referred to in Schedule 3.
2
The exemption under this article from the provisions of sections 7 to 9, 59 and 74 of the Act (works to listed buildings and unlisted buildings in conservation areas) is restricted —
a
to works carried out by or on behalf of a church or body, or constituent part of a church or body referred to in those paragraphs; or
b
where the building is on any premises forming part of a university, college, school, hospital or public or charitable institution, to works carried out on behalf of the governing body or the trustees of that institution.
Special cases
8
1
The ecclesiastical exemption is retained for buildings to which this article applies which do not fall within article 5, 6 or 7.
2
This article applies to —
a
buildings within the jurisdiction of the Fabric Advisory Committee of St George’s Chapel, Windsor Castle;
b
buildings within the jurisdiction of the Fabric Commission of Westminster Abbey;
c
buildings within the jurisdiction of the Fabric Advisory Committee of Christ Church Cathedral, Oxford; and
d
buildings used for worship according to the rites, doctrinal standards, principles or usages of the Church of Scotland.
Margaret Hodge
Minister of State
Department for Culture, Media and Sport
31st March 2010


text:
Citation
1
This Order may be cited as the Parliamentary Standards Act 2009 (Commencement No. 3) Order 2010.
Commencement
2
The following provisions of the Parliamentary Standards Act 2009 come into force on 29th March 2010 —
a
section 5 (MPs’ allowances scheme);
b
section 6 (Dealing with claims under the scheme).
3
The following provisions of the Parliamentary Standards Act 2009 come into force on the day after the day on which the poll is taken at a parliamentary general election for the first or only time in 2010 —
a
section 4 (MPs’ salaries);
b
section 10 (Offence of providing false or misleading information for allowances claims);
c
in Schedule 1 (Independent Parliamentary Standards Authority) —
i
paragraph 17;
ii
paragraph 18(1) with the exception of the full-out words;
iii
paragraph 18(2)(a).
Signed by authority of the Secretary of State for Justice
Bach
Parliamentary Under-Secretary of State
Ministry of Justice
25th March 2010


text:
Citation and commencement
1
These Regulations may be cited as the Social Security Benefit (Persons Abroad) (Amendment) Regulations 2010 and shall come into force on 6th April 2010.
Amendment of the Social Security Benefit (Persons Abroad) Regulations 1975
2
The Social Security Benefit (Persons Abroad) Regulations 1975 are amended as follows.
3
In Regulation 1(2) (citation, commencement and interpretation) —
a
remove the definition of “her husband”;
b
after the definition of “the Industrial Injuries Employment Regulations” insert the definition,
“the other party” in the case of a person who has been married or been in a civil partnership more than once, refers to the person by virtue of whose contributions that person is entitled to the benefit in question;
4
1
Regulation 4 (modification of the Act in relation to widow’s benefit, bereavement benefit, child’s special allowance, guardian’s allowance and retirement pension) is amended in accordance with this regulation.
2
In paragraphs (2)(b), (2A)(c) and (2B)(c), for “the Act” substitute “the Contributions and Benefits Act”.
3
In paragraph (3) —
a
for the words from “section 9(2)” to “married women)” substitute “section 51A(2) or 52(2) of the Contributions and Benefits Act (special provision for married people and for surviving spouses)”;
b
for “section 6(1)(a) of the Social Security Pensions Act 1975” substitute “section 44(4) of the Contributions and Benefits Act”; and
c
for “paragraph 9 of Part 1 of Schedule 4 to the Act” substitute “paragraph 5 of Part 1 of Schedule 4 to the Contributions and Benefits Act”.
4
In paragraph (4) —
a
for “section 9(3) of the Social Security Pensions Act 1975” substitute “section 52(3) of the Contributions and Benefits Act”; and
b
for the words from “regulation 2” to “Regulations 1979” substitute “regulation 3 of the Social Security (Maximum Additional Pension) Regulations 2010” .
5
1
Regulation 5 (application of disqualification in respect of up-rating of benefit) is amended in accordance with this regulation.
2
In paragraph (1), for the words from “section 63” to “pensions)” substitute “section 150 (annual up-rating of benefits) or 150A (annual uprating of basic pension etc and standard minimum guarantee) of the Social Security Administration Act 1992” .
3
In paragraph (3) —
a
in sub-paragraph (a) —
i
for “woman”, where that word first appears, substitute “person”;
ii
for “married woman” substitute “married person or a civil partner”; and
iii
for “her husband” substitute “the other party to the marriage or civil partnership”;
b
in sub-paragraph (aa) —
i
for “married woman” substitute “married person or a civil partner”;
ii
for “her husband” substitute “the other party to the marriage or civil partnership”; and
iii
for “she was married to him” substitute “they were married to each other or were civil partners of each other”;
c
after sub-paragraph (b) insert —
ba
in the case of a married person or civil partner entitled to a Category B retirement pension under section 48A of the Contributions and Benefits Act (Category B retirement pension for a married person or a civil partner), other than a case that falls within sub-paragraphs (a) to (b), any additional Category B retirement pension where immediately before the appointed date that person’s spouse or civil partner was not ordinarily resident in Great Britain;
.
Signed by authority of the Secretary of State
Angela Eagle
Minister of State
Department for Work and Pensions
15th March 2010


text:
Citation and commencement
1
These Regulations may be cited as the Occupational Pension Schemes (Levies) (Amendment) Regulations 2010 and shall come into force on the day after the day on which they are made.
Amendment of the Occupational Pension Schemes (Levies) Regulations 2005
2
1
The Occupational Pension Schemes (Levies) Regulations 2005 are amended in accordance with this regulation.
2
In regulation 7 (schemes eligible for only part of the financial year), after paragraph (2) insert —
3
Where a scheme to which this regulation applies becomes an eligible scheme during a financial year by virtue of —
a
regulation 2(1A) of the Pension Protection Fund (Entry Rules) Regulations 2005 (schemes which are not eligible schemes); or
b
regulation 2A of the Pension Protection Fund (Partially Guaranteed Schemes) (Modification) Regulations 2005 (schemes to which paragraph (1) of regulation 2 does not apply),
paragraph (2) does not apply to the scheme (and so the full amount of the administration levy is payable).
.
3
In regulation 16 (partially guaranteed schemes) —
a
at the beginning of paragraph (1) insert “Subject to paragraph (1A),”; and
b
after paragraph (1) insert —
1A
This regulation does not apply where regulation 2A of the Pension Protection Fund (Partially Guaranteed Schemes) (Modification) Regulations 2005 (schemes to which paragraph (1) of regulation 2 does not apply) applies.
.
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State,
Department for Work and Pensions
28th July 2010


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Local Safeguarding Children Boards (Amendment) Regulations 2010 and come into force on 1st April 2010.
Amendment of the Local Safeguarding Children Boards Regulations 2006
2
After regulation 3 of the Local Safeguarding Children Boards Regulations 2006 , insert —
Prescribed persons and bodies
3A
1
The following persons and bodies are prescribed for the purposes of section 13(4) of the Act —
a
the governing body of a maintained school that is maintained by the authority in their capacity as a local education authority;
b
the proprietor of a school approved by the Secretary of State under section 342 of the Education Act 1996 and situated in the authority’s area;
c
the proprietor of a city technology college, city college for the technology of the arts or Academy situated in the authority’s area;
d
the governing body of an institution within the further education sector the main site of which is situated in the authority’s area.
2
In this regulation, “governing body”, “institution within the further education sector” and “maintained school” have the meanings given by section 10 of the Act .
.
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
5th March 2010


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Electricity (Standards of Performance) (Amendment) Regulations 2010 and come into force on 1st October 2010.
2
In these Regulations, “the earlier Regulations ” means the Electricity (Standards of Performance) Regulations 2010 .
Amendment of the earlier Regulations
2
1
The earlier Regulations are amended as follows:
a
regulation 13 (estimate of charges for connection) is revoked;
b
in regulation 19 (appointments), after paragraph (1) insert —
1A
But this regulation does not apply to a visit arising out of the application of the Electricity (Connection Standards of Performance) Regulations 2010 .
;
c
in regulation 21(2)(a) (payments), for “11 to 15 inclusive,” substitute “11, 12, 14, 15”;
d
in regulation 23(1) (timing of notification), omit “13,”;
e
in regulation 24(1) (notice of rights), for “5 to 15 inclusive” substitute “5, 6, 7, 8, 9, 10, 11, 12, 14 and 15,”;
f
in the table in Part 1 of Schedule 1, omit the rows which refer to paragraphs (2) and (3) of regulation 13.
Transitional provision
3
1
Nothing in regulation 2 affects the application of any provision of the earlier Regulations to a situation where, for the purposes of regulation 13 of those Regulations, the applicable date occurred before the coming into force of these Regulations.
2
In this regulation, the “applicable date” has the meaning given to it in the earlier Regulations.
The seal of the Gas and Electricity Markets Authority here affixed is authenticated by the signature of
Alistair Buchanan
A member of the Authority
19th August 2010
I consent
Marland
Parliamentary Under Secretary of State
Department of Energy and Climate Change
26th August 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Prescription Only Medicines (Human Use) Amendment Order 2010 and shall come into force on 17th January 2011.
2
In this Order, “the principal Order ” means the Prescription Only Medicines (Human Use) Order 1997 .
Amendment of article 7 of the principal Order
2
In article 7 of the principal Order (exemption for parenteral administration in an emergency to human beings of certain prescription only medicines) for “Glucose Injection 50%” substitute “Glucose Injection”.
Amendment of Part 3 of Schedule 5 to the principal Order
3
In Part 3 of Schedule 5 to the principal Order (exemptions from restriction on administration) , in the list in column 2 of entry 9, under item (c), after “Adrenaline Acid Tartrate” add “Adrenaline Hydrochloride”.
Signed by authority of the Secretary of State for Health.
Earl Howe
Parliamentary Under-Secretary of State,
Department of Health
16th December 2010
Michael McGimpsey
Minister for Health, Social Services and Public Safety
16th December 2010


text:
Citation and commencement
1
These Regulations may be cited as the Care Quality Commission (Registration) Amendment Regulations 2010 and shall come into force on 1st April 2010.
Penalty notices for offences created by regulation 25 of the Care Quality Commission (Registration) Regulations 2009
2
After regulation 25 (offences) of the Care Quality Commission (Registration) Regulations 2009 insert —
Penalty notices
26
1
The offence created by regulation 25 is prescribed as a fixed penalty offence for the purposes of section 86 of the Act.
2
The monetary amount of the penalty for that fixed penalty offence is —
a
£1250 in the case of an offence committed by a person registered with the Commission as a service provider under Chapter 2 of Part 1 of the Act; and
b
£625 in the case of an offence committed by a person registered with the Commission under that Chapter as a manager.
.
Signed by authority of the Secretary of State for Health
Mike O’Brien
Minister of State,
Department of Health
11th January 2010


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Audiovisual Media Services Regulations 2010 and come into force on 18th March 2010.
2
In these Regulations “the 2003 Act ” means the Communications Act 2003 .
Amendments of Part 4A of the Communications Act 2003: on-demand programme services
2
Part 4A of the 2003 Act is amended as follows.
3
In section 368B —
1
In subsection (1) for “(8)” substitute “(9)”, and
2
In subsection (6), for “(4)(b)(iii)” substitute “(5)(b)(iii)”.
4
After section 368B (the appropriate regulatory authority) insert —
Notification by providers
Advance notification to appropriate regulatory authority
368BA
1
A person must not provide an on-demand programme service unless, before beginning to provide it, that person has given a notification to the appropriate regulatory authority of the person’s intention to provide that service.
2
A person who has given a notification for the purposes of subsection (1) must, before —
a
providing the notified service with any significant differences; or
b
ceasing to provide it,
give a notification to the appropriate regulatory authority of the differences or (as the case may be) of an intention to cease to provide the service.
3
A notification for the purposes of this section must —
a
be sent to the appropriate regulatory authority in such manner as the authority may require; and
b
contain all such information as the authority may require.
Enforcement of section 368BA
368BB
1
Where the appropriate regulatory authority determine that the provider of an on-demand programme service has contravened section 368BA, they may do one or both of the following —
a
give the provider an enforcement notification under this section;
b
impose a penalty on the provider in accordance with section 368J.
2
The appropriate regulatory authority must not make a determination as mentioned in subsection (1) unless there are reasonable grounds for believing that a contravention of section 368BA has occurred and they have allowed the provider an opportunity to make representations about that apparent contravention.
3
An enforcement notification under this section is a notification which specifies the determination made as mentioned in subsection (1) and imposes a requirement on the provider to take all such steps for remedying the contravention of section 368BA as may be specified in the notification.
4
An enforcement notification must —
a
include reasons for the appropriate regulatory authority’s decision to give the enforcement notification, and
b
fix a reasonable period for taking the steps required by the notification.
5
It is the duty of a person to whom an enforcement notification has been given to comply with it.
6
That duty is enforceable in civil proceedings by the appropriate regulatory authority —
a
for an injunction;
b
for specific performance of a statutory duty under section 45 of the Court of Session Act 1988; or
c
for any other appropriate remedy or relief.
5
In section 368D(3) (duties of service providers)
1
Before paragraph (a) insert —
za
pay to the appropriate regulatory authority such fee as that authority may require under section 368NA;
zb
retain a copy of every programme included in the service for at least forty-two days after the day on which the programme ceases to be available for viewing;
2
After subsection (3) insert —
3A
A copy of a programme retained for the purposes of subsection (3)(zb) must be of a standard and in a format which allows the programme to be viewed as it was made available for viewing.
6
In section 368G(2) for “prescription,only” substitute for “prescription-only”.
7
In section 368J(1) (financial penalties) after “section” insert “ 368BB or”.
8
1
Section 368K(1) (suspension or restriction of service for contraventions) is amended as follows.
2
In paragraph (a) after “section” insert “368BA or ”.
3
In paragraph (b) —
a
after the first “section” insert “ 368BA or ”;
b
after “368D” insert “ (as the case may be)”;
c
after the second “section” insert “368BB or ”.
9
After section 368N (enforcement of directions under section 368K or 368L) insert —
Fees
Fees
368NA
1
In this section “the authority” means each of these —
a
the appropriate regulatory authority;
b
(where they are not the appropriate regulatory authority) OFCOM.
2
The authority may require a provider of an on-demand programme service to pay them a fee.
3
The authority must be satisfied that the amount of any fee required under subsection (2) —
a
represents the appropriate contribution of the provider towards meeting the likely costs described in subsection (5)(a), and
b
is justifiable and proportionate having regard to the provider who will be required to pay it and the functions in respect of which it is imposed.
4
A different fee may be required in relation to different cases or circumstances.
5
The authority must, for each financial year —
a
prepare such estimate as it is practicable for them to make of the likely costs of carrying out the relevant functions during that year;
b
ensure that the aggregate amount of the fees that are required to be paid to them under subsection (2) during that year is sufficient to enable them to meet, but not exceed, the costs estimated under paragraph (a);
c
consult in such manner as they consider appropriate the providers likely to be required to pay them a fee under subsection (2) during that year;
d
publish in such manner as they consider appropriate the amount of the fees they will require providers to pay to them under subsection (2) during that year.
6
As soon as reasonably practicable after the end of the financial year, the authority must publish a statement setting out, for that year —
a
the aggregate amount received by them during that year in respect of fees required to be paid under subsection (2);
b
the aggregate amount outstanding and likely to be paid or recovered in respect of fees that were required to be so paid under subsection (2); and
c
the costs to them of carrying out the relevant functions during that year.
7
Any deficit or surplus shown (after applying this subsection for all previous years) by a statement under subsection (6) is to be —
a
carried forward; and
b
taken into account in determining what is required to satisfy the requirement imposed by virtue of subsection (5)(b) in relation to the following year.
8
The authority may repay to a person some or all of a fee paid to them by a person under subsection (2) if —
a
that person has ceased to provide an on-demand programme service at some time during the period to which the fee relates;
b
before ceasing to provide that service, that person gave the appropriate regulatory authority a notification under section 368BA(2); and
c
that person did not cease to provide the service following a direction given by the appropriate regulatory authority under section 368K or 368L.
9
The authority may make arrangements with any body designated under section 368B for that body to provide the authority with assistance in connection with the collection or repayment of fees required by them under this section.
10
For the purposes of this section —
a
the authority’s costs of carrying out the relevant functions during a financial year include their costs of preparing to carry out the relevant functions incurred during that year; and
b
the authority’s costs of preparing to carry out the relevant functions incurred after 19 December 2009 but before the financial year in which those functions were first carried out by them are to be treated as if they were incurred during that year.
11
In this section “relevant functions” means —
a
in relation to the appropriate regulatory authority, their functions as the appropriate regulatory authority;
b
in relation to OFCOM (where they are not the appropriate regulatory authority), their other functions under this Part.
12
In this section “financial year” means a period of 12 months ending with 31 March.
10
In section 368O(2)(a) (power to demand information) after “section” insert “ 368BA or section”.
11
In section 368P (application of Part 4A in relation to the BBC ) —
a
before subsection (1) insert —
A1
Section 368BA (advance notification) does not apply in relation to an on-demand programme service provided or to be provided by the BBC.
;
b
for subsection (1) substitute —
1
The following provisions do not apply to the BBC —
a
section 368D(3) (duties of providers of on-demand programme services);
b
section 368F (advertising);
c
section 368G (sponsorship);
d
section 368NA (fees ).
;
c
in subsection (2) omit paragraphs (b) and (c).
12
In section 368Q (application of Part 4A in relation to the Welsh Authority) —
1
before subsection (1) insert —
A1
Section 368BA (advance notification) does not apply in relation to an on-demand programme service provided or to be provided by the Welsh Authority, other than a service that includes advertising.
2
in subsection (4) for “(duties of providers of on-demand programme services) does” substitute “(zb), (a), and (b) (duties of providers of on-demand programme services) do”;
3
in subsection (5), at the end insert “or in the case of a contravention of section 368D(3)(za)”.
Amendments of Part 4A of the Communications Act 2003: transitional provision
13
1
Where, on the day on which section 368BA of the 2003 Act (advance notification by providers of on-demand programme services) comes into force, an on-demand programme service is already being provided by a person —
a
that person’s obligation under that section to give a notification before beginning to provide that service has effect as an obligation to give a notification before 30 April 2010; and
b
that notification must state that that person is already providing the service (rather than that the person intends to do so).
2
Section 368NA of the 2003 Act (fees) applies in relation to the period beginning with 19 December 2009 and ending with 31 March 2010 as if that period were a financial year but with the following modifications.
3
Subsection (3)(a) of that section, as it applies in relation to the appropriate regulatory authority, has effect as if the reference to the likely costs described in subsection (5)(a) were a reference to the likely costs of carrying out functions as the appropriate regulatory authority set out in any estimate prepared or approved by OFCOM in relation to that period (an “OFCOM estimate”).
4
Subsection (5) of that section does not apply but paragraphs (5) and (6) below apply instead.
5
For the purposes of that section as it applies in relation to the appropriate regulatory authority, the appropriate regulatory authority must —
a
ensure so far as reasonably practicable that the aggregate amount of the fees that are required to be paid to them under section 368NA(2) during that period is sufficient to enable them to meet, but not exceed, the costs set out in any OFCOM estimate;
b
publish in such manner as they consider appropriate the amount of the fees they will require providers to pay to them under section 368NA(2) during that period.
6
For the purposes of that section as it applies in relation to OFCOM otherwise than as the appropriate regulatory authority, OFCOM must —
a
prepare such estimate as it is practicable for them to make of the likely costs of carrying out their functions under Part 4A of the 2003 Act otherwise than as the appropriate regulatory authority during that period;
b
ensure so far as reasonably practicable that the aggregate amount of the fees that are required to be paid to them under section 368NA(2) during that period is sufficient to enable them to meet, but not exceed, the costs set out in that estimate;
c
publish in such manner as they consider appropriate the amount of the fees they will require providers to pay to them under section 368NA(2) during that period.
The Welsh Authority: amendments of the Communications Act 2003
14
1
Part 2 of Schedule 12 of the 2003 Act (corresponding obligations of the Welsh Authority) is amended as follows.
2
In paragraph 15(1)(a) (directions by OFCOM following breach of duty by the Welsh Authority) after “368D” insert “except the requirement imposed by section 368D(1) so far as it relates to advertising, and the requirement imposed by section 368D(3)(za)”.
3
In paragraph 15(6) for the words “imposed” to “368D” substitute “mentioned in sub-paragraph (1)(a)”.
4
In paragraph 19(2)(b) (duty to publicise complaints procedures) for the words from “requirement” to the end substitute “requirements mentioned in sub-paragraph (3)”.
5
After paragraph (19)(2) insert —
3
The requirements mentioned in this sub-paragraph are the requirement imposed by section 368D(1) so far as it relates to advertising and the requirement imposed by section 368D(3)(za)
.
6
In paragraph 23A(2), after “advertising” insert “or with the requirement imposed by section 368D(3)(za)”.
7
In section 341 of the 2003 Act (imposition of penalties on the Welsh Authority), in subsection (1)(jb) after “advertising” insert “and the requirement imposed by section 368D(3)(za)”.
Consequential amendments of the Wireless Telegraphy Act 2006
15
1
Section 9A of the Wireless Telegraphy Act 2006 is amended as follows.
2
In subsection (3) —
a
after “provided” insert —
—
a
;
b
after “2003” insert —
; or
otherwise than pursuant to a notification under section 368BA of the Communications Act 2003.
3
In subsection (4), after “(3)” (in both places where it appears) insert “(a)”.
4
In subsection (5) after “(2)(b)” insert “ or (3)(b)”.
Ben Bradshaw
Secretary of State
Department for Culture, Media and Sport
22nd February 2010


text:
Citation, commencement and interpretation
1
This Order may be cited as the Vaccine Damage Payments (Specified Disease) (Revocation and Savings) Order 2010 and comes into force on 1st September 2010.
2
The “ 2009 Order ” means the Vaccine Damage Payments (Specified Disease) Order 2009 .
Revocation
3
Subject to article (4), the 2009 Order is revoked.
Savings
4
The 2009 Order shall continue to apply to any vaccination administered prior to the date this Order comes into force.
Signed by authority of the Secretary of State for Work and Pensions.
C. Grayling
Minister of State,
Department for Work and Pensions
3rd August 2010


text:
Citation and commencement
1
This Order may be cited as the Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2007 (Amendment) Order 2010 and shall come into force on the 19th March 2010.
Amendment of the Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2007
2
1
The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2007 is amended as follows.
2
In article 2 (interpretation), in the definition of “former Inland Revenue matter”, for “13 to 15” substitute “14, 15”.
3
In Schedule 1 (Provisions of the Act applied to Revenue and Customs) —
a
for “Section 17(1)(b), (2), (4)” substitute “Section 17(1)(a)(i), (1)(b), (1)(cb), (1)(d), (2), (4) ”,
b
for “Section 22(1) to (4)” substitute “Section 22(1) to (4) and (7) ”, and
c
for “Section 24(2)” substitute “Section 24(2), (4), (5) ”.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd February 2010