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PART 1
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Leicestershire County Council (Ashby de la Zouch Canal Extension) Order 2005, and shall come into force on the day after the day on which it is made.
Interpretation
2
1
In this Order —
“the 1961 Act ” means the Land Compensation Act 1961 ;
“the 1965 Act ” means the Compulsory Purchase Act 1965 ;
“the 1990 Act ” means the Town and Country Planning Act 1990 ;
“the 1991 Act ” means the New Roads and Street Works Act 1991 ;
“apparatus” has the meaning given by section 48(5) of the 1991 Act;
“authorised works” means the scheduled works and any other works authorised by this Order;
“the Applications Rules ” means the Transport and Works (Application and Objections Procedure) (England and Wales) Rules 2000;
“ the Board ” means the “British Waterways Board”;
“the Board’s canal” means the Ashby de la Zouch Canal, in so far as it belongs to or is under the management or control of the Board, and includes any works, lands or premises belonging to the Board, or under its management and control, and held or used by the Board in connection with the said canal, but does not include any part of the Canal ;
“the book of reference” means the book of reference required to be submitted by the undertaker (being the applicant within the meaning of the Application Rules) pursuant to rules 10(4) and 12(7) of the Application Rules ;
“the Canal” means the Ashby de la Zouch Canal Extension, comprising the works listed in the scheduled works and all works and conveniences provided in connection therewith and any lands held or used by the undertaker for the purposes thereof, and any reference to the Canal includes any part of it, but does not include any part of the Board’s canal;
“highway” and “highway authority” have the same meaning as in the Highways Act 1980 ;
“the land plans” means the plans required to be submitted by the undertaker pursuant to rules 10(4) and 12(5) of the Applications Rules;
“limits of deviation”, in relation to a work, means the limits of deviation shown on the works plans in relation to that work;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace, and “maintenance” shall be construed accordingly;
“owner” in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of land (whether in possession or reversion) or a person holding, or entitled to the rents and profits of, the land under a lease or tenancy having an unexpired term exceeding 3 years;
“the scheduled works” means the works specified in Schedule 1;
“the sections” means the sections required to be submitted under rules 10(3)(a) and 12(3) of the Applications Rules;
“street” includes part of a street, but does not include any towing path forming part of the Board’s canal;
“street authority” in relation to a street, has the same meaning as in Part III of the 1991 Act;
“the transfer date”, in relation to any transfer of the Canal or any part of it in accordance with article 29, means the date on which that transfer takes effect;
“ the tribunal ” means the Lands Tribunal;
“the undertaker” means Leicestershire County Council;
“vessel” includes any ship, boat, barge, lighter, or raft, and any other description of craft, whether used in navigation or not;
“watercourse” includes any river, stream, ditch, drain, cut, canal, culvert, dyke, sluice, sewer and passage through which water flows, whether or not the flow is intermittent, except a public sewer or drain; and
“the works plans” means the plans required to be submitted by the undertaker pursuant to rules 10(3)(a) and 12(1) of the Applications Rules.
2
References in this Order to rights over land include references to rights to do, or to place and maintain, anything in or on land or in the air-space over its surface.
3
Any reference in this Order to a work identified by the number of the work shall be construed as a reference to the work of that number described in Schedule 1 to this Order;
4
References in this Order to points identified by letters, with or without numbers, shall be construed as references to the points so lettered on the land plans or works plans.
5
All distances, cardinal points of the compass, heights above ordnance datum, levels, lengths and points stated in any description of the works or powers or lands contained in Schedules 1, 5 and 6 to this Order or shown on the land plans or sections or work plans shall be construed as if the words “or thereabouts” were inserted after each such distance, direction, height, length and point, and distances between points on a waterway shall be taken to be measured along the centre line of the channel of the waterway.
PART 2
WORKS PROVISION
Power to construct works
3
1
The undertaker may construct and maintain the scheduled works.
2
Subject to article 4, the scheduled works may only be constructed in the lines or situations shown on the works plans and in accordance with the levels shown on the sections.
3
Subject to paragraph (5), the undertaker may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the scheduled works, namely —
a
works to alter the position of apparatus, including mains, sewers, drains and cables;
b
works to alter the course of, or otherwise interfere with, a watercourse other than a navigable watercourse;
c
works to connect the Canal to the Board’s canal;
d
landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the scheduled works;
e
works for the benefit or protection of premises affected by the scheduled works; and
f
works for the strengthening, alteration, or demolition of any building or structure.
4
Subject to paragraph (5), the undertaker may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the scheduled works, other than works that would interfere with a navigable watercourse.
5
Paragraphs (3) and (4) shall only authorise the carrying out or maintenance of works outside the limits of deviation if such works are carried out on land specified in Schedule 3 and subject to —
a
the giving of 14 days' notice to owners and occupiers, or in the case of an emergency, as much notice as possible;
b
restoring the condition of the land to that before the occupation; and
c
paying compensation for loss of use of the land.
Power to deviate
4
In constructing or maintaining any of the scheduled works, the undertaker may —
a
deviate laterally from the lines or situations shown on the work plans within the limits of deviation; and
b
deviate vertically from the levels shown on the sections —
i
to any extent not exceeding 1 metre upwards; and
ii
to any extent not exceeding 1 metre downwards.
Power to execute street works
5
The undertaker may, for the purposes of the authorised works, enter upon the streets specified in Schedule 4 and may —
a
break up or open the street, or any sewer, drain or tunnel under it, or tunnel or bore under the street;
b
place apparatus in the street;
c
maintain apparatus in the street or change its position; and
d
execute any works required for or incidental to any works referred to in paragraph (a), (b) or (c).
Stopping up of streets
6
1
Subject to the provisions of this article, for the purpose of carrying out and operating the scheduled works, the undertaker may, in connection with the construction of the authorised works, stop up any street specified in Schedule 5, to the extent specified in relation to that street in that Schedule.
2
No street specified in columns (1) and (2) of Schedule 5 (being a street to be stopped up for which a substitute is to be provided by way of a diversion) shall be wholly or partly stopped up under this article until the new street to be substituted for it, which is described as a diversion in column (4) of that Schedule, has been completed to the reasonable satisfaction of the street authority and is open for use.
3
Where a street has been stopped up under this article, all rights of way over or along the street so stopped up shall be extinguished.
Temporary stopping up of streets
7
1
The undertaker, during and for the purposes of the execution of the authorised works, may temporarily stop up, alter or divert any street and may for any reasonable time —
a
divert the traffic from the street, and
b
subject to paragraph (2), prevent all persons from passing along the street.
2
The undertaker shall provide reasonable access for pedestrians going to or from premises abutting a street affected by the exercise of the powers conferred by this article if their exercise would otherwise prevent such access.
3
Without prejudice to the generality of paragraph (1), the undertaker may exercise the powers conferred by this article in relation to any street specified in columns (1) and (2) of Schedule 6 to the extent and for the purpose specified in relation to that street in column (3) of that Schedule.
4
The undertaker shall not —
a
exercise the powers specified in paragraph (3) without first consulting the street authority; and
b
exercise the other powers conferred by this article without the consent of the street authority.
5
Any person who suffers loss by the suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the 1961 Act.
6
This article is subject to paragraph 2 of Schedule 2 (provisions relating to the apparatus of statutory undertakers etc. ).
Access to works
8
1
The undertaker may, within the limits of deviation, provide means of access or improve existing means of access to the scheduled works.
2
Any works providing or improving any means of access referred to in paragraph (1) shall not be commenced until they have been approved by the highway authority.
Application of the 1991 Act
9
1
Works executed under this Order in relation to a highway which consists of or includes a carriageway shall be treated for the purposes of Part III of the 1991 Act (street works) as major highway works if they fall within any description of major highway works specified in paragraphs (a), (c) to (e), (g) or (h) of section 86(3) of that Act.
2
In the provisions of the 1991 Act applied by paragraph (3), any reference to street works shall be construed as meaning the temporary or permanent stopping up, alteration or diversion of a street by the undertaker, whether or not the stopping up, alteration or diversion constitutes “street works” as defined by section 48(3) of that Act, or works in relation to which a right to execute works exists by virtue of section 105 (2) or (3) of that Act.
3
The following provisions of the 1991 Act shall apply to works executed under this Order in a highway —
section 54 (advance notice of certain works);
section 55 (notice of starting date of works);
section 57 (notice of emergency works);
section 59 (general duty of street authority to co-ordinate works);
section 60 (general duty of undertakers to co-operate);
section 68 (facilities to be afforded to street authority);
section 69 (works likely to affect other apparatus in the street);
section 76 (liability for cost of temporary traffic regulation); and
section 77 (liability for cost of use of alternative route).
Maintenance of new or altered streets
10
1
From the date on which the street authority confirms that the alteration or diversion of a street or part thereof under this Order has been completed to its reasonable satisfaction, that street or part thereof shall be maintained —
a
for a period of 24 months, by the undertaker;
b
after a period of 24 months, by the street authority.
2
Paragraph (1) shall not apply —
a
where the undertaker and the street authority enter into an agreement as to the maintenance of the street under article 12;
b
to the maintenance of the structure of any bridge carrying a street over the Canal; or
c
to the maintenance of the structure of any aqueduct over a street.
3
The undertaker shall not be held to be a street authority for the purposes of Part III of the 1991 Act by reason of a duty under this article to maintain a street.
Construction of bridges and aqueducts
11
Where a bridge carrying a street over the Canal or an aqueduct carrying the Canal over a street is to be constructed under this Order —
a
the undertaker shall submit all necessary plans, drawings and specifications for approval by the highway authority;
b
the undertaker shall obtain the highway authority’s approval to all such plans, drawings and specifications before the commencement of the works; and
c
the bridge or aqueduct shall be constructed in accordance with the approved plans, drawings and specifications.
Agreements with street authorities
12
1
A street authority and the undertaker may enter into agreements between themselves with respect to —
a
the maintenance of the structure of any bridge carrying a street over the Canal;
b
the maintenance of the structure of any aqueduct over a street;
c
any stopping up, alteration or diversion of a street under the powers conferred by this Order; or
d
the execution in the street of any of the works referred to in article 5.
2
Such an agreement may, without prejudice to the generality of paragraph (1) —
a
make provision for the street authority to carry out any function which is conferred on the undertaker under this Order and which relates to the street in question; and
b
contain such terms as to payment and otherwise as the parties consider appropriate.
Discharge of water
13
1
Subject to the conditions set out in paragraphs (2), (4), (5) and (6), the undertaker may —
a
use any watercourse or any public sewer or drain for the drainage of water in connection with the construction, maintenance or operation of the authorised works;
b
for the purposes of sub-paragraph (a), lay down, take up and alter pipes; and
c
make openings into, and connections with, the watercourse, sewer or drain.
2
The undertaker shall not discharge any water into any watercourse, public sewer or drain except with the consent of the relevant authority.
3
The consent referred to in paragraph (2) may be given subject to such terms and conditions as the relevant authority may reasonably impose.
4
When making an opening into any public sewer or drain in accordance with paragraph (1)(c) of this article, the undertaker shall —
a
prepare plans for the approval of the relevant authority; and
b
act in accordance with any such plans approved.
5
The undertaker shall not, in the exercise of the powers conferred by this article, damage or interfere with the bed or banks of any watercourse forming part of a main river, except for the purposes of carrying out any of Works No. 2A to 2K or Work No. 4 in accordance with the requirements of section 109 of the Water Resources Act 1991 .
6
The undertaker shall take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this article is free from gravel, soil or other solid substance or oil or matter in suspension.
7
This article does not authorise the entry or discharge into controlled waters of any matter the entry or discharge of which into controlled waters is prohibited by section 85(1), (2) or (3) of the Water Resources Act 1991.
8
In this article —
“public sewer or drain” means a sewer or drain which belongs to or is administered by a sewerage undertaker, the Environment Agency, or a local authority;
“relevant authority” means the local authority, statutory undertaker, or other body responsible for the maintenance of the watercourse, public sewer or drain; and
other expressions used both in this article and in the Water Resources Act 1991 have the same meaning as in that Act.
Power to abstract groundwater
14
1
Subject to paragraphs (2) and (3), the undertaker may construct boreholes and wells and install such pumps and equipment as are required to provide a viable water supply suitable for the Canal and to supply sufficient water to the Canal for the needs of navigation.
2
Nothing in paragraph (1) shall authorise the carrying out of any works, or the abstraction or discharge of water, except in accordance with the appropriate licence or consent granted by the Environment Agency.
3
The undertaker may construct boreholes or wells only on land which is shown on the land plans or described in the book of reference.
Power to survey and investigate land
15
1
The undertaker may for the purposes of this Order and subject to subparagraph (2) —
a
survey or investigate any land which may be affected by the authorised works;
b
make trial holes on the land in such positions as the undertaker thinks fit to investigate the nature of the surface layer and subsoil and remove soil samples;
c
place on, leave on or remove from the land apparatus for use in connection with the survey or investigation of the land or making of trial holes; and
d
enter on the land for the purpose of exercising any of the powers conferred by sub-paragraphs (a) to (c) above.
2
Before exercising any of the powers conferred by subparagraph (1), the undertaker shall —
a
serve on every owner and occupier of the land a notice giving at least 7 days' notice of the proposal to exercise that power; and
b
obtain the consent of the street authority in respect of trial holes to be made in any carriageway or footway.
3
Any person entering land under this article on behalf of the undertaker —
a
shall, if so required before or after entering the land, produce written evidence of his authority to do so; and
b
may take with him such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes.
4
The undertaker shall compensate the owners and occupiers of the land for any damage occasioned by the exercise of the powers conferred by this article.
5
In the case of dispute, the compensation referred to in sub-paragraph (4) shall be determined under Part I of the 1961 Act.
PART 3
ACQUISITION AND POSSESSION OF LAND
Power to acquire land
16
1
For the purposes of the authorised works, the undertaker may acquire by compulsory purchase any land which is —
a
shown on the land plans; and
b
the extent, description and situation of which is specified in column two of the book of reference.
2
This article is subject to article 19 (9).
Application of Part 1 of the Compulsory Purchase Act 1965
17
1
Part I of the 1965 Act, as modified by the provisions of this Order, shall apply to the acquisition of land under this Order as if —
a
it were a compulsory purchase to which Part 2 of, or Schedule 1 to, the Acquisition of Land Act 1981 applied; and
b
this Order were a compulsory purchase order under that Act.
2
Part I of the 1965 Act, as so applied, shall have effect for the purposes of this Order as if —
a
section 4 (which provides a time limit for compulsory purchase of land) and paragraph 3(3) of Schedule 3 (which contains a provision for two sufficient sureties where a bond is given) were omitted; and
b
in section 11(1), for the words “not less than fourteen days notice” there were substituted —
a
in a case where the notice to treat relates only to the acquisition of subsoil or the acquisition of an easement or other right over the land, not less than one month’s notice; and
b
in any other case, not less than three months' notice,
.
Powers to acquire new rights
18
1
If, for the purposes of the authorised works, the undertaker requires easements or rights over any land referred to in article 16(1) it may —
a
acquire them by compulsory purchase; or
b
create them.
2
Where the undertaker acquires a right over land under paragraph (1) it shall not be required to acquire a greater interest in the land.
3
Paragraph (2) is subject to section 8 of the 1965 Act, as substituted by paragraph 4 of Schedule 7.
4
Where an easement or other right over land is created under paragraph (1)(b), Schedule 7 shall have effect for the purpose of modifying enactments relating to compensation and the provisions of the 1965 Act in their application to the compulsory acquisition of that easement or other right.
Temporary use of land for construction of works
19
1
The undertaker may, in connection with the carrying out of the authorised works —
a
enter upon and take temporary possession of the land specified in columns (1) and (2) of Schedule 8 for the purpose specified in column (3) of that Schedule;
b
remove any buildings and vegetation from that land; and
c
construct temporary works on that land including —
i
the provision of means of access; and
ii
buildings.
2
Not less than 28 days before entering upon and taking temporary possession of land under this article the undertaker shall serve notice of the intended entry on the owners and occupiers of the land.
3
The undertaker shall not, without the agreement of the owners of the land, remain in possession of any land under this article after the end of the period of one year beginning with the date of completion of the work or works specified in relation to that land in column (4) of Schedule 8.
4
Subject to paragraph (5), before giving up possession of land under paragraph (3), the undertaker shall remove all temporary works and restore the land to the reasonable satisfaction of any owner or occupier of the land.
5
Paragraph (4) shall not be taken to require the undertaker to replace a building removed under paragraph (1)(b).
6
The undertaker shall pay compensation to the owners and occupiers of land for any loss or damage incurred by them as a consequence of the exercise of the powers conferred by this article.
7
Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, shall be determined under Part I of the 1961 Act.
8
Without prejudice to article 35, nothing in this article shall affect any liability to pay compensation under section 10(2) of the 1965 Act or under any other enactment in respect of loss or damage arising from the execution of any works.
9
Subject to paragraph (10), the powers of compulsory acquisition of land conferred by this Order shall not apply in relation to the land referred to in paragraph (1).
10
Paragraph (9) shall not apply in relation to rights created under article 18.
11
Where the undertaker takes possession of land under this article, it shall not be required to acquire the land or any interest in it.
12
In this article “building” includes structure or any other erection.
Disregard of certain interests and improvements
20
For the purposes of assessing the compensation payable to any person on the acquisition from that person of any land, interest or right under this Order, if the tribunal is satisfied that —
a
the creation of an interest;
b
the erection of a building;
c
works executed; or
d
any improvement or alteration made,
was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation, it shall disregard that interest, building, improvement or alteration, or those works, as the case may be.
Acquisition of part of certain properties
21
1
This article shall apply instead of section 8(1) of the 1965 Act in any case where —
a
a notice to treat is served under the 1965 Act on the owner in respect of a part only (“the notified part”) of any land occupied or managed as a single unit (“the relevant unit of land”); and
b
a copy of this article is served on the owner with the notice to treat.
2
In such a case, the owner may, within the period of 21 days beginning with the day on which the notice was served, serve on the undertaker a counter-notice objecting to the sale of the notified part and stating that he is willing and able to sell the whole of the relevant unit of land.
3
If no such counter-notice is served within that period, the owner shall be required to sell the notified part.
4
If such a counter-notice is served within that period, the question whether the owner shall be required to sell only the notified part shall, unless the undertaker agrees to take the land specified in the counter-notice, be referred to the tribunal.
5
If on a reference under paragraph (4), the tribunal determine that the notified part can be taken —
a
without material detriment to the remainder of the relevant unit of land, and
b
where the relevant unit of land comprises a house with a park or garden, without seriously affecting the amenity or convenience of the house,
the owner shall be required to sell the notified part.
6
If on a reference under paragraph (4), the tribunal determine that only part of the notified part can be taken —
a
without material detriment to the remainder of the land; and
b
where the land comprises a house with a park or garden, without seriously affecting the amenity and convenience of the house, the notice to treat shall be deemed to be a notice to treat for that part.
7
If on a reference under paragraph (4), the tribunal determine that —
a
the notified part cannot be taken without material detriment to the remainder of the relevant unit of land; but
b
the material detriment is confined to only a part of the relevant unit of land, being a part specified in the counter-notice but not the notified part,
the notice to treat shall be deemed to be a notice to treat for that part of the relevant unit of land to which the material detriment is confined, in addition to the notified part, whether or not the additional land is land which the undertaker is authorised to acquire compulsorily under this Order.
8
If the undertaker agrees to take the land specified in the counter-notice, or if the tribunal determine that —
a
none of the notified part can be taken without material detriment to the remainder of the relevant unit of land or, where the relevant unit of land comprises a house with a park or garden, without seriously affecting the amenity or convenience of the house; and
b
the material detriment is not confined to only a part of the notified part,
the notice to treat shall be deemed to be a notice to treat for the whole of the relevant unit of land whether or not the whole of that land is land which the undertaker is authorised to acquire compulsorily under this Order.
9
In any case where, by virtue of a determination by the tribunal under this article, a notice to treat is deemed to be a notice to treat for less land or more land than the notified part, the undertaker may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice to treat, and if it does so shall pay the owner compensation for any expense or other loss occasioned to him by the giving and withdrawal of the notice.
10
In the case of a dispute under paragraph (9), the amount of compensation shall be determined by the tribunal.
11
Where the owner is required under this article to sell only part of the relevant unit of land, the undertaker shall pay him compensation for any loss sustained by him due to the severance of that part in addition to the value of the interest acquired.
12
In this article —
“the 1965 Act” means the 1965 Act as applied by article 17 of this Order; and
“owner” includes any lessee.
Extinction or suspension of private rights of way
22
1
All private rights of way over land subject to compulsory acquisition under this Order shall be extinguished —
a
as from the acquisition of the land by the undertaker, whether compulsorily or by agreement, or
b
on the entry on the land by the undertaker under section 11(1) of the 1965 Act,
whichever is the sooner.
2
All private rights of way over land of which the undertaker takes temporary possession under this Order shall be suspended and unenforceable for as long as the undertaker remains in lawful possession of the land.
3
Any person who suffers loss by the extinguishment or suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the 1961 Act.
4
This article does not apply in relation to any right of way to which section 271 or 272 of the 1990 Act (extinguishment of rights of statutory undertakers etc.) applies.
Time limit for exercise of powers of acquisition
23
1
The powers conferred by this Order to acquire land or rights over land compulsorily, and the power conferred by article 19 to enter upon and take temporary possession of land, shall cease to be exercisable at the end of the period of 5 years beginning on the day on which this Order comes into force.
2
Paragraph (1) shall not prevent the undertaker remaining in possession of land in accordance with article 19 after the end of that period, if the land was entered and possession of it was taken before the end of that period.
PART 4
REGULATION AND MANAGEMENT OF THE CANAL
Power to make byelaws
24
1
The undertaker may make byelaws regulating the use and operation of the Canal, the maintenance of order on the Canal and on the undertaker’s property or other facilities provided in connection with the use of the Canal, the conduct of all persons while on the Canal and for preventing damage to the Canal.
2
Without prejudice to the generality of paragraph (1), byelaws under this article may —
a
contain provisions —
i
for prohibiting or restricting the use of the Canal either generally or in any manner specified in the byelaws by traffic of any description so specified;
ii
with respect to interference with, or obstruction of, the operation of the Canal or other facilities provided in connection with the Canal;
iii
which make different provisions for different parts of the Canal;
iv
for regulating the operation of the Canal;
v
for regulating the movement (including the speed) and use of vessels using the Canal;
vi
for regulating or prohibiting the mooring of vessels in the Canal;
vii
for authorising the registration of vessels using the Canal including making reasonable charges for such registration; and
viii
to exclude any person from the Canal.
b
may make different provisions for different parts of the Canal.
3
Byelaws made under this article may provide for it to be an offence for a person to contravene, or fail to comply with, a provision of the byelaws and for such a person to be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4
If the contravention of or failure to comply with any byelaw made under paragraph (3) is attended with danger or annoyance to the public, or hindrance to the undertaker in the operation of the Canal, the undertaker may summarily take action to obviate or remove the danger, annoyance or hindrance.
5
Action taken under paragraph (4) shall not prevent the undertaker from taking proceedings for an offence.
6
No byelaw made by the undertaker under this article shall have effect until confirmed by the Secretary of State.
7
At least 28 days before applying for any byelaws to be confirmed under paragraph (6), the undertaker shall publish in such manner as may be approved by the Secretary of State a notice of its intention to apply for the byelaws to be confirmed and of the place at which and the time during which a copy of the byelaws will be open to public inspection, and any person affected by any of the byelaws may make representations on them to the Secretary of State within a period specified in the notice, being a period of not less than 28 days from the publication of the notice.
8
For at least 24 days before an application is made for byelaws to be confirmed under paragraph (6), a copy of the byelaws shall be kept at the principal office of the undertaker and shall at all reasonable hours be open to public inspection without payment.
9
The undertaker shall, at the request of any person, supply him with a copy of any such byelaws on payment of such reasonable sum as the undertaker may determine.
10
The Secretary of State may refuse to confirm any byelaw submitted to her by the undertaker for confirmation under this article, or may confirm the byelaw either without or, if the undertaker consents, with modifications.
11
The Secretary of State may fix the date on which any byelaw confirmed under this article is to come into force.
12
If no date is so fixed, the byelaw shall come into force at the end of the period of 28 days beginning with the date of confirmation.
13
The Secretary of State may charge the undertaker such fees in respect of any byelaws submitted for confirmation under this article as she may consider appropriate for the purpose of defraying any administrative expenses incurred by her in connection therewith.
14
A copy of the byelaws when confirmed shall be printed and deposited at the principal office of the undertaker and shall at all reasonable hours be open to public inspection without payment, and the undertaker shall, at the request of any person, supply him with a copy of any such byelaws on payment of such reasonable sum as the undertaker shall determine.
15
The production of a printed copy of byelaws confirmed under paragraph (6), on which is endorsed a certificate purporting to be signed by a person duly authorised by the undertaker stating —
a
that the byelaws were made by the undertaker;
b
that the copy is a true copy of the byelaws;
c
that on a specified date the byelaws were confirmed by the Secretary of State; and
d
the date when the byelaws come or came into force,
shall be prima facie evidence of the facts stated in the certificate.
Operational powers
25
1
Subject to the provisions of this Order, the undertaker may manage the Canal and make charges for its use.
2
Without prejudice to the generality of paragraph (1), the undertaker may —
a
control the level of water in and the flow of water into, along or from the Canal;
b
open or close any lock gate or other structures belonging to the Canal; or
c
take such steps from time to time as may be considered necessary for the development, improvement, regulation, maintenance or management of the Canal and the facilities afforded by the Canal or in connection with it.
3
Nothing in this Order shall confer any public or private right of navigation over the Canal, or impose any duty on the undertaker to maintain the Canal for the purpose of navigation, or to supply, or maintain a supply of water for the Canal for that purpose.
Limit of jurisdiction
26
The boundary between the jurisdiction of the undertaker in respect of the Canal and the jurisdiction of the Board in respect of the Board’s canal shall be a straight line drawn between national grid references 434610E 309982N and 434626E 309970N across the Board’s canal 35 metres north of the Board’s winding hole, being the existing limit of the Board’s canal.
Application of existing enactments
27
1
In this article “the original canal” means such part of any canal or former canal as is situated within the limits of deviation in relation to any of the scheduled works, and all works or conveniences connected with any such part, and any lands held for the purpose of such part, but does not include any operational part of the Board’s canal, or any works and conveniences connected therewith, or any lands held or used by the Board for the purpose of the operational part of the Board’s canal.
2
Any enactment by which the original canal was authorised shall, as from the date on which this Order comes into force, have effect subject to the provisions of this Order.
3
Except as may be otherwise provided in this Order, as from the date on which this Order comes into force the undertaker shall, in substitution for the Board, be entitled to the benefit of, and to exercise, all rights, powers and privileges and be subject to all obligations relating to the original canal as are provided in the Act made on 9 th May 1794 for making and maintaining a Navigable Canal from the Coventry Canal (in so far as the same are still subsisting and capable of taking effect).
4
Paragraph (3) shall be subject to any agreement between the undertaker and the Board under article 28 or article 29.
Agreements with British Waterways
28
1
The undertaker and the Board may enter into and carry into effect agreements with respect to the construction, maintenance, use and operation of the authorised works, or any part of those works, by the Board or by the undertaker, or by the undertaker and the Board jointly.
2
Any agreement made under paragraph (1) may make provision with respect to any other matters incidental or subsidiary thereto or consequential thereon, including the defraying of, or the making of contributions towards, costs incurred by either party to the agreement.
3
Without prejudice to the generality of paragraph (1), any such agreement may provide for the exercise by the Board, or by the undertaker and the Board jointly, of all or any of the powers of the undertaker with respect to any of the authorised works.
4
The exercise by the Board, or by the undertaker and the Board jointly, under this article, of any powers with respect to the authorised works, or any part of any of those works, shall be subject to the same provisions in relation to those powers as would apply if those powers were exercised by the undertaker alone.
Transfer of the Canal
29
1
Except with the consent of the Secretary of State, the undertaker shall not transfer or vest the Canal or any part of it in any person other than the Board.
2
Except as may be otherwise provided for in this Order or in any agreement under this article, as from the date on which any transfer of the Canal or any part of it by the undertaker comes into force, the transferee shall, in substitution for the undertaker, be entitled to the benefit of, and to exercise, all rights and powers and be subject to all obligations, statutory or otherwise, relating to the transferred Canal (in so far as the same are still subsisting and capable of taking effect).
3
Where the Canal is transferred to the Board under this article, as from the transfer date —
a
the transferred Canal shall be deemed for the purposes of any enactment to be (as the case may require) an inland waterway owned or managed by the Board or comprised in the undertaking of the Board or a canal or inland navigation belonging to or under the control of the Board; and
b
any byelaws made under article 24 shall cease to apply to the transferred Canal.
4
The transitional provisions of Schedule 9 shall have effect in relation to any transfer in accordance with this article, being a transfer to the Board.
5
In this article —
“the transferee” means the Board or any other person to whom the undertaking or any part thereof is transferred under this article; and
“the transferred Canal” means so much of the Canal as is transferred in accordance with this article.
PART 5
MISCELLANEOUS AND GENERAL
Disclosure of confidential information
30
A person who —
a
enters land in pursuance of the provisions of article 15; and
b
discloses to any person any information so obtained by him relating to any manufacturing process or trade secret,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale, unless the disclosure is made in the course of performing his duty in connection with the purposes for which he was authorised to enter the land.
Statutory undertakers, etc.
31
The provisions of Schedule 2 shall have effect.
Protection of the Environment Agency
32
The provisions of Schedule 10 shall have effect.
Certification of plans, etc.
33
1
The undertaker shall, as soon as practicable after the making of this Order, submit at least two copies of the certified book of reference, the sections, the land plans and the works plans to the Secretary of State for certification that they are true copies of, respectively, the book of reference, sections and plans referred to in this Order.
2
Where the book of reference or any land plan, works plan or section has been revised before this Order is made, the copy of the book of reference, plan or section submitted for certification under paragraph (1) shall be a copy of the book of reference, plan or section deposited in the office of the Clerk of the Parliaments in accordance with section14(5)(b) of the 1992 Act.
3
A copy document so certified shall be admissible in any proceedings as evidence of the contents of the documents of which it is a copy.
Service of notices
34
1
A notice or other document required or authorised to be served for the purposes of this Order may be served by post.
2
Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or director of the body or, in the case of a local authority, a proper officer of that authority.
3
For the purpose of section 7 of the Interpretation Act 1978 , the proper address of any person for the purposes of the service on him of a notice or document under paragraph (1) above is, if he has given an address for service, that address, and otherwise —
a
in the case of the secretary or a proper officer of a body corporate, the registered or principal office of that body; and
b
in any other case, his last known address at the time of service.
4
Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and his name or last known address at the time of service cannot be ascertained after reasonable enquiry, the notice may be served by —
a
addressing it to him by name or by the description of “owner”, or (as the case may be) “occupier”, of the land and describing that land in the notice; and
b
either leaving it in the hands of a person who is, or appears to be, resident or employed on the land, or leaving it conspicuously affixed to some building or object on or near the land.
5
This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.
Exclusion of double recovery
35
Compensation shall not be payable in respect of the same matter both under this Order and under any other enactment, any contract, or any rule of law.
Arbitration
36
Any difference as to the application of any provision of this Order, other than a difference which falls to be determined by the tribunal, shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party, after notice in writing to the other, by the President of the Institution of Civil Engineers.
Consent and approvals
37
Where the consent or approval of any body to any works, plans, specifications or other matter is required under this Order, that consent or approval shall not be unreasonably withheld.
Jim Knight
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
7th October 2005


type: legislation

jurisdiction: UK

text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Local Government Pension Scheme (Amendment) Regulations 2005.
2
These Regulations shall come into force on 3rd August 2005, but regulations 2 to 5 shall have effect from 1st April 2005.
3
In these Regulations, “the principal Regulations ” means the Local Government Pension Scheme Regulations 1997 .
4
These Regulations extend to England and Wales .
Revocation of the Local Government Pension Scheme (Amendment) ( No. 2) Regulations 2004
2
The Local Government Pension Scheme (Amendment) (No. 2) Regulations 2004 are revoked.
Revival of previously revoked provisions
3
The provisions of the principal Regulations listed in regulation 4 are revived and shall have effect as they had effect immediately before the coming into force of the Local Government Pension Scheme (Amendment) (No. 2) Regulations 2004.
4
The provisions mentioned in regulation 3 are regulations 25(3A), 26(1), 31(1) and (4), 32(5)(a), 122(4), 123(2)(b), in Schedule 3, paragraphs 7 and 8 of the Table, and in Schedule 7, paragraph 2(4).
Revocation of amendments made by the Local Government Pension Scheme (Amendment) (No. 2) Regulations 2004
5
The following provisions of the principal Regulations (being provisions inserted by the Local Government Pension Scheme (Amendment) (No. 2) Regulations 2004) are revoked —
a
regulation 52(11),
b
regulation 122(6A) and (6B), and
c
in regulation 122A(3), the words “(and regulation 122(6B) does not apply to a transfer value credited under this regulation)”.
Further amendment of the principal Regulations
6
For regulation 55(10) of the principal Regulations there shall be substituted —
10
If a member continues paying the additional contributions until his last birthday before his NRD (or if his NRD is his birthday, that date), the whole of the additional period may be counted as part of his total membership.
.
Revised rates and adjustments certificates
7
1
Where it appears to an administering authority as a result of the amendments made by these Regulations that the amount of the liabilities arising or likely to arise in respect of members in employment with an employing authority exceeds the amount specified in, or likely as a result of, the assumptions stated for that authority in the current rates and adjustments certificate obtained in accordance with regulation 77 of the principal Regulations, the administering authority may obtain a revision of the rates and adjustments certificate, showing the resulting changes as respects that employing authority.
2
Such a revision shall be prepared on the basis of an actuarial valuation of the assets and liabilities of the relevant pension fund as at 31st March 2005 using, where no more recent membership data are reasonably available, the membership data of the fund as at 31st March 2004, subject to any appropriate adjustments.
3
For the purpose of valuing the liabilities of the fund as at 31st March 2005, the actuarial assumptions used to value the liabilities of the fund as at 31st March 2004 may be used.
4
Any revised certificate obtained under paragraph (1) shall only be effective from 1st April 2006.
5
The administering authority shall, not later than 30th September 2005, send copies of any revised certificate —
a
to the Secretary of State;
b
to each body with employees who contribute to the fund to which the certificate relates; and
c
to any other body which is or may become liable to make payments to that fund.
6
The administering authority shall also send to the Secretary of State, not later than 30th September 2005 —
a
a copy of the consolidated revenue account with which the actuary was provided; and
b
a summary of the assets of the fund as at 31st March 2005.
Retrospective effect
8
Nothing in these Regulations shall place any individual who is qualified to participate in the benefits for which the principal Regulations provide in a worse position than he would have been in had the provisions of these Regulations been framed so as to have effect only from the date of their making.
Signed by authority of the First Secretary of State
Phil Woolas
Minister of State Office of the Deputy Prime Minister
8th July 2005


text:
Citation and commencement
1
These Regulations may be cited as the Re-use of Public Sector Information Regulations 2005 and shall come into force on 1st July 2005.
Interpretation
2
In these Regulations —
“the 1998 Act ” means the Data Protection Act 1998 ;
“the 2000 Act ” means the Freedom of Information Act 2000 ;
“the 2002 Act ” means the Freedom of Information (Scotland) Act 2002 ;
“the 2004 Regulations ” means the Environmental Information Regulations 2004 ;
“the 2004 Scottish Regulations ” means the Environmental Information (Scotland) Regulations 2004 ;
“applicant” means any person who makes a request for re-use of a document to a public sector body;
“content” means information recorded in any form;
“document” means any content, including any part of such content, whether in writing or stored in electronic form or as a sound, visual or audio-visual recording, other than a computer program;
“government department” includes a Northern Ireland department, the Northern Ireland Court Service and any other body or authority exercising statutory functions on behalf of the Crown;
“information access legislation” means any legislation governing access to information including the 1998 Act, the 2000 Act, the 2002 Act, the 2004 Regulations and the 2004 Scottish Regulations;
“public sector body” has the meaning ascribed to it by regulation 3;
“relevant intellectual property rights” means any of the following rights —
copyright (within the meaning of section 1 of the Copyright, Designs and Patents Act 1988 );
database right (within the meaning of regulation 13 of the Copyright and Rights in Database Regulations 1997 );
publication right (within the meaning of regulation 16 of the Copyright and Related Rights Regulations1996 ); and
rights in performances (meaning the rights conferred by Part 2 of the Copyright, Designs and Patents Act 1988);
“re-use” and cognate expressions have the meaning ascribed to them in regulation 4;
“working day” means any day other than a Saturday or a Sunday, Christmas Day, Good Friday or any day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.
“writing” includes text which is —
transmitted by electronic means;
received in legible form; and
capable of being used for subsequent reference.
Public Sector Body
3
1
For the purposes of these Regulations each of the following is a public sector body —
a
a Minister of the Crown;
b
a government department;
c
the House of Commons;
d
the House of Lords;
e
the Northern Ireland Assembly Commission;
f
Scottish Ministers;
g
the Scottish Parliament;
h
the Scottish Parliamentary Corporate Body;
i
the National Assembly for Wales;
j
a local authority;
k
a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;
l
the Fire Authority for Northern Ireland;
m
a police authority established under section 3 of the Police Act 1996 ;
n
a police authority established under section 2 of the Police (Scotland) Act 1967 ;
o
the Northern Ireland Policing Board;
p
an authority established under section 10 of the Local Government Act 1985 ;
q
a joint authority established by Part IV of that Act;
r
any body established pursuant to an order under section 67 of that Act;
s
the Broads Authority;
t
any joint board the constituent members of which consist of any of the bodies specified in paragraphs (j), (k), (m), (n), (p), (q), (r) and (s);
u
a National Park authority established by an Order under section 63 of the Environment Act 1995 ;
v
the Receiver for the Metropolitan Police District;
w
a corporation established or a group of individuals appointed to act together for the specific purposes of meeting needs in the general interest, not having an industrial or commercial character, and —
i
financed wholly or mainly by another public sector body, or
ii
subject to management supervision by another public sector body, or
iii
more than half of the board of directors or members of which, or, in the case of a group of individuals, more than half of those individuals, are appointed by another public sector body;
x
an association of or formed by one or more public sector bodies.
2
In the application of these Regulations to England, “local authority” means —
a
a county council, a district council, a London borough council, a parish council or the Council of the Isles of Scilly;
b
the Common Council of the City of London in its capacity as local authority or police authority; and
c
the Greater London Authority or a functional body within the meaning of the Greater London Authority Act 1999 .
3
In the application of these Regulations to Wales, “local authority” means a county council, county borough council or community council.
4
In the application of these Regulations to Scotland, “local authority” has the same meaning as in section 235(1) of the Local Government (Scotland) Act 1973 and also includes a joint board or joint committee within the meaning of that section.
5
In the application of these Regulations to Northern Ireland, “local authority” means a district council within the meaning of the Local Government Act (Northern Ireland) 1972 .
Re-use of documents
4
1
Subject to paragraph (2), re-use means the use by a person of a document held by a public sector body for a purpose other than the initial purpose within that public sector body’s public task for which the document was produced.
2
Re-use shall not include —
a
the transfer for use of a document within a public sector body for the purpose of carrying out its own public task; or
b
the transfer for use of a document from one public sector body to another for the purpose of either public sector body carrying out its public task.
Exclusions
5
1
These Regulations do not apply to a document where —
a
the activity of supplying the document is one which falls outside the public task of the public sector body; or
b
a third party owns relevant intellectual property rights in the document.
2
These Regulations do not apply to a document unless it —
a
has been identified by the public sector body as being available for re-use;
b
has been provided to the applicant; or
c
is otherwise accessible by means other than by making a request for it within the meaning of the 1998 Act, the 2000 Act (or where appropriate the 2002 Act) or the 2004 Regulations (or where appropriate the 2004 Scottish Regulations).
3
These Regulations do not apply to documents held by —
a
public service broadcasters and their subsidiaries, and other bodies and their subsidiaries for the purposes of the provision of programme services or the conduct of any activities which a public service broadcaster is required or empowered to provide or to engage in by or under any enactment or other public instrument;
b
educational and research establishments, such as schools, universities, archives, libraries, and research facilities including organisations established for the transfer of research results; or
c
cultural establishments, such as museums, libraries, archives, orchestras, and opera, ballet and theatre establishments.
4
For the purposes of paragraph (3), “public service broadcaster” has the same meaning as in section 264(12) of the Communications Act 2003 , “subsidiary” has the same meaning as in section 258 of the Companies Act 1985 and “programme services” has the same meaning as in section 405(1) of the Communications Act 2003.
5
These Regulations do not apply in any situation in which a person is under a legal obligation to prove an interest in order to gain access to documents.
Request for re-use
6
1
A request for re-use shall —
a
be in writing;
b
state the name of the applicant and an address for correspondence;
c
specify the document requested; and
d
state the purpose for which the document is to be re-used.
Permitting re-use
7
1
A public sector body may permit re-use.
2
Where a public sector body permits re-use, it shall do so in accordance with regulations 11 to 16.
Responding to a request for re-use
8
1
A public sector body shall respond to a request for re-use promptly and in any event before the end of the twentieth working day beginning with the day after receipt.
2
Where documents requested for re-use are extensive in quantity or the request raises complex issues the public sector body may extend the period for responding in paragraph (1) by such time as is reasonable in the circumstances.
3
Where paragraph (2) applies, the public sector body shall, before the end of the twentieth working day beginning with the day after receipt, notify the applicant in writing —
a
that no decision on re-use has yet been reached; and
b
of an estimated date by which it expects to respond to the request for re-use.
4
In this regulation, responding to a request for re-use means —
a
refusing the request for re-use;
b
making the requested document available to the applicant for re-use; or
c
where conditions are to be imposed on re-use pursuant to regulation 12, finalising the offer to the applicant of the conditions on which re-use will be permitted.
Notification of refusal
9
1
Subject to paragraph (2), where a public sector body refuses a request for re-use, it shall notify the applicant in writing of the reason for refusal.
2
Where a public sector body refuses a request for re-use because these Regulations do not apply to the document by virtue of regulation 5(3) it shall not be obliged to comply with regulation 8(1) or paragraph (1) of this regulation.
3
The notification referred to in paragraph (1) shall contain a reference to the means of redress available to the applicant.
4
Where a request for re-use is refused because these Regulations do not apply to the document by virtue of regulation 5(1)(b), the notification referred to in paragraph (1) must identify, where known, the name of the person —
a
who owns the relevant intellectual property rights; or
b
from whom the public sector body obtained the document.
Processing requests for re-use
10
Where possible and appropriate, a public sector body shall ensure that the procedure for processing a request for re-use in accordance with these Regulations is capable of being carried out by electronic means.
Format of documents
11
1
A public sector body may make a document available to an applicant pursuant to regulation 8(4)(b) or 8(4)(c) in the format and language in which it exists on the date of response to the request for re-use.
2
Where possible and appropriate, a public sector body shall make a document available for re-use by electronic means.
3
Nothing in these Regulations shall oblige a public sector body to do any of the following —
a
create or adapt a document in order to comply with a request for re-use;
b
provide an extract from a document where to do so would involve disproportionate effort;
c
continue to produce a certain type of document for the purposes of re-use by another person.
Conditions
12
1
A public sector body may impose conditions on re-use.
2
Where conditions are imposed they shall not unnecessarily restrict —
a
the way in which a document can be re-used; or
b
competition.
Non-discrimination
13
1
Any conditions imposed under regulation 12(1) shall not discriminate between applicants who make a request for re-use for comparable purposes.
2
If a public sector body which holds a document wishes to re-use the document for activities which fall outside the scope of its public task, the same conditions shall apply to that re-use as would apply to re-use by any other applicant for comparable purposes.
Prohibition of exclusive arrangements
14
1
Subject to paragraph (2), a public sector body shall not enter into an exclusive arrangement with any person including an applicant.
2
A public sector body may, where necessary for the provision of a service in the public interest, enter into an exclusive arrangement.
3
The validity of the reason for granting the exclusive arrangement under paragraph (2) shall be reviewed at least once every three years.
4
Any exclusive arrangement permitted under paragraph (2) and entered into on or after 31st December 2003 shall be published by the public sector body.
5
Any exclusive arrangement which exists on the date of entry into force of these Regulations and to which paragraph (2) does not apply shall be terminated at the earlier of —
a
the date on which it comes to an end in accordance with its terms; or
b
31st December 2008.
6
In this regulation, “exclusive arrangement” means a contract or other arrangement granting an exclusive right to re-use a document.
Charging
15
1
A public sector body may charge for allowing re-use.
2
The total income from any charge shall not exceed the sum of —
a
the cost of collection, production, reproduction and dissemination of documents; and
b
a reasonable return on investment.
3
Any charges for re-use shall, so far as is reasonably practicable, be calculated —
a
in accordance with the accounting principles applicable to the public sector body from time to time; and
b
on the basis of a reasonable estimate of the demand for documents over the appropriate accounting period.
4
A public sector body shall not charge an applicant for costs incurred in respect of activities mentioned under paragraph (2)(a) in respect of a request for re-use, if the same applicant had been charged in respect of those same activities by that public sector body for access to the same document under information access legislation.
5
Where a public sector body charges for re-use, so far as is reasonably practicable, it shall establish standard charges.
6
A public sector body shall specify in writing the basis on which a standard charge has been calculated if requested to do so by an applicant.
7
Where a standard charge for re-use has not been established, the public sector body shall specify in writing the factors that will be taken into account in calculating the charge if requested to do so by an applicant.
Information to be published by a public sector body
16
1
A public sector body shall ensure that the following information is made available to the public —
a
any applicable conditions for re-use;
b
any standard charges for re-use established under regulation 15(5);
c
a list of main documents available for re-use; and
d
details of the means of redress available to an applicant relating to any decision or practice affecting him under these Regulations.
2
A public sector body shall, where possible and appropriate, make the information specified in paragraph (1) available to the public by electronic means.
3
In relation to paragraph (1)(c), so far as is reasonably practicable, a public sector body shall ensure that potential applicants are able to search the list of documents by electronic means.
Internal complaints procedure
17
1
A public sector body shall establish an internal complaints procedure for determining complaints relating to its actions under these Regulations.
2
Where a person believes that a public sector body has failed to comply with any requirement of these Regulations, he may complain in writing to the public sector body in accordance with its internal complaints procedure.
3
A public sector body shall determine any complaint made under paragraph (2) within a reasonable time and thereafter notify the person of its determination without delay.
4
Notification under paragraph (3) shall be in writing and give reasons for the determination.
Complaints to the Office of Public Sector Information
18
1
Where a person has exhausted the procedure established under regulation 17(1) in respect of any complaint made under regulation 17(2) or where the public sector body has failed to deal with a complaint made under regulation 17(2) within a reasonable time, the person may refer that complaint to the Office of Public Sector Information.
2
Any complaint referred to the Office of Public Sector Information shall —
a
be in writing;
b
state the nature of the complaint; and
c
include a copy of the written notification under regulation 17(3) where one exists.
3
Where a body specified in paragraph (4) is the subject of a complaint under regulation 17(2) and a person has exhausted the procedure established under regulation 17(1) in respect of that complaint, or where the specified body has failed to deal with a complaint made under regulation 17(2) within a reasonable time, the person may refer that complaint to the Advisory Panel on Public Sector Information.
4
The bodies specified for the purpose of paragraph (3) are:
a
the Office of Public Sector Information;
b
Her Majesty’s Stationery Office; and
c
the Office of the Queen’s Printer for Scotland.
5
Where paragraph (3) applies a person shall comply with paragraph (2) as if the reference to the Office of Public Sector Information were a reference to the Advisory Panel on Public Sector Information.
Consideration of complaints by the Office of Public Sector Information
19
1
The Office of Public Sector Information shall publish its procedures for considering complaints referred to it under regulation 18(1).
2
The Office of Public Sector Information shall consider any complaint referred to it in under regulation 18(1) in accordance with its published procedures.
3
The Office of Public Sector Information shall notify the person and the relevant public sector body of its recommendation.
4
Notification under paragraph (3) shall be in writing and give reasons for the recommendation.
Requests for review by the Advisory Panel on Public Sector Information
20
1
Where the person or the public sector body is dissatisfied with any recommendation made under regulation 19(3) he may request for it to be reviewed by the Advisory Panel on Public Sector Information.
2
Any request for a review made to the Advisory Panel on Public Sector Information shall —
a
be in writing;
b
state the reason for the request for the review; and
c
include a copy of the written notification under regulations 17(3) or 19(3) or both where it or they exist.
Consideration of complaints and reviews by the Advisory Panel on Public Sector Information
21
1
The Advisory Panel on Public Sector Information shall publish its procedures for considering complaints referred to it under regulation 18(3) and for conducting reviews under regulation 20(1).
2
The Advisory Panel on Public Sector Information shall deal with any complaint referred to it under regulation 18(3) and any request for a review under regulation 20(1), in accordance with its published procedures.
3
The Advisory Panel on Public Sector Information shall notify the person, the relevant public sector body and the Office of Public Sector Information of its recommendation.
4
Notification under paragraph (3) shall be in writing and give reasons for the recommendation.
John Hutton
Minister for the Cabinet Office Cabinet Office
7th June 2005


text:
Citation and commencement
1
These Regulations may be cited as the Adoption and Children (Miscellaneous Amendments) Regulations 2005 and come into force on 30 th December 2005.
Amendment of the Representations Procedure (Children) Regulations 1991
2
1
In Part 2 (representations and their consideration) of the Representations Procedure (Children) Regulations 1991 immediately before regulation 3 insert —
Representations about functions under the Adoption and Children Act 2002
2A
1
Subject to paragraph (2), the provision of adoption support services as prescribed by regulation 3 of the Adoption Support Services Regulations 2005 is, for the purposes of section 26(3B) of the Act, a specified function under the Adoption and Children Act 2002.
2
The provision of the services prescribed in regulation 3(1)(b) of those Regulations is only a specified function in so far as it is to enable adoptive children to discuss matters relating to adoption.
3
In this regulation “adoptive children” means —
a
children who have been adopted or in respect of whom notice of intention to adopt has been given under section 44 of the Adoption and Children Act 2002; or
b
children whom an adoption agency has matched with prospective adopters or placed for adoption.
Representations about functions under section 14F of the Children Act 1989
2B
For the purposes of section 26(3C) of the Act, the provision of special guardianship support services under regulation 3(1)(a), (b)(i), and (c) to (e) of the Special Guardianship Regulations 2005 is a specified function.
.
2
This regulation applies in relation to England only.
Amendment of the Education (Mandatory Awards) Regulations 2003
3
In paragraph 12(1) of Schedule 2 (requirements) of the Education (Mandatory Awards) Regulations 2003 for paragraph (c) in the definition of “income” substitute —
c
any financial support payable to his spouse or civil partner in accordance with regulations made under sections 2, 3 and 4 of the Adoption and Children Act 2002;
.
Amendment of the Education (Student Support) Regulations 2005
4
In paragraph (2)(c) of regulation 21 (grants for dependants – interpretation) of the Education (Student Support) Regulations 2005 for “paragraph 3 of Schedule 4 to”, substitute “sections 2, 3 and 4 of”.
Amendment of the Adoption Agencies Regulations 2005
5
The Adoption Agencies Regulations 2005 are amended as follows —
a
in regulation 3(1) (adoption panel) after “paragraph (5)” insert “and regulation 3A”;
b
for regulation 3(7)(b) substitute —
b
in the case of a local authority, he —
i
is or has been within the last year employed by that authority in their children and family social services;
ii
is related to a person falling within head (i); or
iii
is or has been within the last year a member of that authority.
;
c
after regulation 3 insert —
3A
Where an adoption agency operates only for the purpose of putting persons into contact with other adoption agencies and for the purpose of putting such agencies into contact with each other or for either of such purposes, regulations 3, 8, 10 and, to the extent that it requires consultation with the adoption panel, regulation 7 shall not apply to such an agency.
;
d
in regulation 10 (establishment of new adoption panel on 30 th December 2005) —
i
in paragraph (3) for “the term of office of” substitute “a person’s term of office as”;
ii
in paragraph (4) for “a member of the old adoption panel was in his first” substitute “the person served only one”; and
iii
in paragraph (5) for “A member of the old adoption panel who holds office immediately before 30 th December 2005” substitute “A person who has been at any time a member of an old adoption panel”;
e
in regulation 11 (applications of regulations) for “11” substitute “12”;
f
in regulation 17(2) (child’s permanence report) insert at the beginning “Subject to paragraph (2A),”;
g
after regulation 17(2) insert —
2A
The adoption agency shall only send the documents referred to in paragraph (2)(b) and (c) to the adoption panel if the agency’s medical adviser advises it to do so.
;
h
in regulation 20 (request to appoint officer of the Service) after “parent or guardian of the child” insert “resides in England and Wales and”;
i
after regulation 20 insert —
20A
1
Where the parent or guardian resides outside England and Wales and is prepared to consent to the placement of the child for adoption under section 19 of the Act and, as the case may be, to consent to the making of a future adoption order under section 20 of the Act, the adoption agency must arrange for the appointment of an authorised person to witness the execution of the form of consent to placement or to adoption by that parent or guardian and send to that person the information specified in Schedule 2.
2
“Authorised person” for the purposes of this regulation means in relation to a form of consent executed —
a
in Scotland, a Justice of the Peace or a Sheriff;
b
in Northern Ireland, a Justice of the Peace;
c
outside the United Kingdom, any person for the time being authorised by law in the place where the document is executed to administer an oath for any judicial or other legal purpose; a British Consular officer; a notary public; or, if the person executing the document is serving in any of the regular armed forces of the Crown, an officer holding a commission in any of those forces.
;
j
in regulation 25 (prospective adopter’s report) —
i
in paragraph (1), omit “, following the procedures referred to in regulations 23 and 24,”;
ii
after paragraph (7) insert —
7A
The report shall not be completed until the adoption agency has carried out police checks in accordance with regulation 23 and made arrangements for the prospective adopter to receive preparation for adoption in accordance with regulation 24.
; and
iii
in paragraph (9)(b) after “paragraphs (3) and (4)” insert “but in the case of reports obtained in accordance with paragraph (3)(a), only if the agency’s medical adviser advises it to do so”;
k
in regulation 26 (function of the adoption panel) —
i
in paragraph (1) for “paragraph (2)” substitute “paragraphs (2) and (2A)”; and
ii
after paragraph (2) insert —
2A
In relation to the case of a prospective adopter in respect of whom a report has been prepared in accordance with regulation 25(7), the adoption panel must either —
a
request the adoption agency to prepare a further prospective adopter’s report, covering all the matters set out in regulation 25(5); or
b
recommend that the prospective adopter is not suitable to adopt a child.
;
l
in regulation 29(1)(b) (review and termination of approval) after “prospective adopter” insert “or the agency is considering placing a child with the prospective adopter in accordance with regulations 31 to 33”;
m
in regulation 29(4)(c) for “sent” substitute “given to him”;
n
in regulation 31(3) (proposed placement) for “The adoption agency” substitute “Where the adoption agency remains of the view that the proposed placement should proceed, it”;
o
in regulation 36 (reviews) —
i
in paragraph (6)(d) omit “where the child is placed for adoption”;
ii
in paragraph (6)(e) insert “where the child is placed for adoption”; and
iii
in paragraph (8) omit “the outcome of a review and of”;
p
in regulation 42(1)(a) (access to case records and disclosure of information) for “section 81 of the 1989 Act (inquiries) or section 17 of the Act (inquiries)” substitute “sections 3 and 4 of the Children Act 2004 (inquiries held by the Children’s Commissioner) or under the Inquiries Act 2005 ”;
q
in regulation 45 (modification of 1989 Act) —
i
in paragraph (2)(b) for the first full stop substitute a semi-colon;
ii
in paragraph (4)(a) omit “(2)(a)”; and
iii
in paragraph (4)(c) for the first full stop substitute a semi-colon;
r
in paragraph 12 of Schedule 4 (information about the prospective adopter), omit “is” and in paragraph 12(a) insert “is” before “married”; and
s
in paragraph 1 of Schedule 5 (adoption placement plan) after “Whether” insert “the child is”.
Amendment of the Adoptions with a Foreign Element Regulations 2005
6
The Adoptions with a Foreign Element Regulations 2005 are amended as follows —
a
in regulation 18(2) (procedure following decision as to suitability to adopt) —
i
omit paragraph (b);
ii
at the end of paragraph (d) omit “and”; and
iii
after paragraph (d) insert —
da
if the prospective adopter applied to the appropriate Minister for a review under section 12 of the Adoption and Children Act 2002, the record of the proceedings of the panel, its recommendation and the reasons for its recommendation; and
;
b
for regulation 26 (prospective adopter unable to proceed with adoption) substitute —
26
1
Where the prospective adopter gives notice to the relevant local authority that he does not wish to proceed with the adoption and no longer wishes to give the child a home, he must return the child to that authority not later than the end of the period of seven days beginning with the date on which notice was given.
2
Where a relevant local authority have received a notice in accordance with paragraph (1), that authority must give notice to the relevant Central Authority of the decision of the prospective adopter not to proceed with the adoption.
; and
c
in regulation 59 (offences) for paragraphs (a) to (c) substitute —
a
regulation 24 (requirements in respect of prospective adopter following child’s entry into the United Kingdom);
b
regulation 26(1) (return of child to relevant local authority where prospective adopter does not wish to proceed);
c
regulation 27(1)(b) (return of child to relevant local authority on request of local authority or by order of court); or
d
regulation 33 (refusal of a court in England or Wales to make a Convention adoption order).
.
Amendment of the Adoption Support Services Regulations 2005
7
In the Adoption Support Services Regulations 2005 after regulation 24(3) (transitional provision) insert —
4
This paragraph applies where a person carrying on an adoption support agency has applied to the registration authority to be registered in respect of it under Part 2 of the Care Standards Act 2000 before 30 th December 2005 and the application has not yet been determined.
5
Where paragraph (4) applies, the adoption support agency shall be treated as if it were a registered adoption support agency for the purposes of regulation 5 until it is notified whether its application has been finally determined.
.
Amendment of the Disclosure of Adoption Information (Post-Commencement Adoptions) Regulations 2005
8
In regulation 9 (disclosure required for the purposes of inquiries, inspections etc. ) of the Disclosure of Adoption Information (Post-Commencement Adoptions) Regulations 2005 —
a
in paragraph (a) for “section 17 of the Act or section 81 of the Children Act 1989” substitute “sections 3 and 4 of the Children Act 2004 (inquiries held by the Children’s Commissioner) or under the Inquiries Act 2005”; and
b
after paragraph (g) insert —
h
to the Public Services Ombudsman for Wales for the purposes of an inquiry held by him under section 2 of the Public Services Ombudsman (Wales) Act 2005.
.
Amendment of the Adoption Information and Intermediary Services (Pre-Commencement Adoptions) Regulations 2005
9
In the Adoption Information and Intermediary Services (Pre-Commencement Adoptions) Regulations 2005 after regulation 18 (fees) insert —
Transitional provision for adoption support agencies awaiting registration
19
1
This regulation applies where a person carrying on an adoption support agency has applied to the registration authority to be registered in respect of it under Part 2 of the Care Standards Act 2000 before 30 th December 2005 and the application has not yet been determined.
2
The adoption support agency shall be treated as if it were a registered adoption support agency for the purposes of these Regulations until it is notified whether its application has been finally determined.
.
Maria Eagle
Parliamentary Under Secretary of State
Department for Education and Skills
19th December 2005


text:
1
1
This Order may be cited as the Exclusion Order (Monitoring of Offenders) Order 2005 and shall come into force on 1st April 2005.
2
In this Order “police area” has the meaning given by section 1 of the Police Act 1996 .
2
The description of person responsible for monitoring the whereabouts of an offender subject to an exclusion order for the purposes of section 40A(6) (exclusion orders) of the Powers of Criminal Courts (Sentencing) Act 2000 —
a
in relation to such a condition imposed on an offender residing in a police area specified in Schedule 1 to this Order, is one employed by Premier Monitoring Services, PO Box 45, Norwich, NR3 1BF to monitor offenders; and
b
in relation to such a condition imposed on an offender residing in a police area specified in Schedule 2 to this Order, is one employed by Securicor Justice Services, Sutton Park, 15 Carshalton Road, Sutton, Surrey, SML 4LD to monitor offenders.
3
The Exclusion Order (Monitoring of Offenders) Order 2004 is hereby revoked.
Scotland of Asthal Q.C.
Minister of State
Home Office
24th March 2005


text:
1
This Order may be cited as the A6514 Trunk Road (A52 to A60) (Detrunking) Order 2003 (Revocation) Order 2005 and shall come into force on 12th July 2005.
2
The A6514 Trunk Road (A52 to A60) (Detrunking) Order 2003 is hereby revoked.
Signed by authority of the Secretary of State for Transport
John Pearman
A Divisional Director Highways Agency
12th May 2005


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Suffolk Hospitals National Health Service Trust (Transfer of Trust Property) Order 2005 and shall come into force on [ ] 2005.
2
In this Order —
“the old Trust” means the West Suffolk Hospitals National Health Service Trust;
“the new Trust” means the Suffolk Mental Health Partnership National Health Service Trust; and
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 21st September 2005 and on behalf of the new Trust on 6th October 2005.
Transfer of trust property
2
1
On the date that this Order comes into force the trust property, and any rights and liabilities arising from that property, shall be transferred from the old Trust to the new Trust.
2
In any instrument relating to the trust property, any reference to the trustees of the trust property or, as the case may be, the old Trust shall be construed as a reference to the trustees of the new Trust or, as the case may be, the new Trust.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
15th November 2005


text:
PART 1
GENERAL
1
This Order may be cited as the International Tribunal for the Law of the Sea (Immunities and Privileges) Order 2005, and shall come into force on the date, specified in the London, Edinburgh and Belfast Gazettes, on which the Agreement on the Privileges and Immunities of the International Tribunal for the Law of the Sea done at New York on 1st July 1997 enters into force in respect of the United Kingdom.
2
In this Order —
“the 1961 Convention Articles ” means the articles (being certain articles of the Vienna Convention on Diplomatic Relations signed in 1961) which are set out in Schedule 1 to the Diplomatic Privileges Act 1964 ;
“ Convention ” means the United Nations Convention on the Law of the Sea done at Montego Bay on 10th December 1982 ;
“member of the Tribunal ” means an elected member of the Tribunal or a person chosen under article 17 of the Statute for the purpose of a particular case;
“officials of the Tribunal” means the Registrar and other officers of the Tribunal;
“Registrar” means the Registrar of the Tribunal and includes any official of the Tribunal acting as Registrar;
“Statute” means the Statute of the International Tribunal for the Law of the Sea in annex VI to the Convention;
“ Tribunal ” means the International Tribunal for the Law of the Sea.
PART 2
THE TRIBUNAL
3
The Tribunal shall have the legal capacities of a body corporate.
4
The Tribunal shall enjoy immunity from suit and legal process, including in respect of its property, assets and funds, except in so far as the Tribunal has expressly waived such immunity in any particular case.
5
The Tribunal shall have the like inviolability of official archives and premises as, in accordance with the 1961 Convention Articles, is accorded in respect of the official archives and premises of a diplomatic mission.
6
The Tribunal, its assets, income and other property shall have exemption from income tax, capital gains tax and corporation tax.
7
The Tribunal shall have the like relief from rates on its official premises as, in accordance with Article 23 of the 1961 Convention Articles, is accorded in respect of the premises of a diplomatic mission.
8
The Tribunal shall have exemption from duties (whether of customs or excise) and taxes on the importation of goods and publications of the Tribunal imported by the Tribunal for its official use, such exemption to be subject to compliance with such conditions as the Commissioners for Her Majesty’s Revenue and Customs may prescribe for the protection of the Revenue.
9
The Tribunal shall have exemption from prohibitions and restrictions, except where the prohibitions or restrictions arise from European Community law, on importation or exportation of goods by the Tribunal for its official use and in the case of any publications of the Tribunal imported or exported by it.
10
The Tribunal shall have relief, under arrangements made by the Commissioners for Her Majesty’s Revenue and Customs, by way of refund of duty (whether of customs or excise) paid on imported hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 1979 ) or value added tax paid on the importation of such oil which is bought in the United Kingdom by the Tribunal and necessary for the exercise of its official activities, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
11
The Tribunal shall have relief, under arrangements made by the Secretary of State, by way of refund of car tax paid on any vehicles and value added tax paid on the supply of any goods or services which are necessary for the official purposes of the Tribunal, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
12
The Tribunal shall have relief, under arrangements made by the Secretary of State, by way of refund of Insurance Premium Tax and Air Passenger Duty paid by the Tribunal in the exercise of its official activities.
PART 3
MEMBERS OF THE TRIBUNAL
13
1
Except in so far as in any particular case any privilege or immunity is waived as set out in paragraph (8), members of the Tribunal shall enjoy —
a
when engaged on the business of the Tribunal;
b
when residing in the United Kingdom for the purpose of holding themselves at the disposal of the Tribunal;
c
when on journeys in or through the United Kingdom in connection with the exercise of their functions,
the privileges and immunities set out in paragraph (2).
2
The privileges and immunities referred to in paragraph (1) are —
a
the like immunity from suit and legal process, the like inviolability of residence, the like immunity from personal arrest, detention and seizure of personal baggage, and the like exemption or relief from taxes and rates, other than duties (whether of customs or excise) and taxes on the importation of goods, as are accorded to or in respect of the head of a diplomatic mission;
b
the like exemption or relief from being liable to pay anything in respect of council tax, as is accorded to or in respect of the head of a diplomatic mission;
c
the like exemption or relief from duties (whether customs or excise) and taxes on the importation of articles imported for the personal use of a member of the Tribunal or of members of his family forming part of his household, including articles intended for his establishment and the like privilege as to the importation of such articles, as in accordance with paragraph 1of Article 36 of the 1961 Convention articles is accorded to a diplomatic agent;
d
the like exemption and privileges in respect of personal baggage as in accordance with paragraph 2 of Article 36 of the 1961 Convention articles are accorded to a diplomatic agent;
e
relief, under arrangements made by the Commissioners for Her Majesty’s Revenue and Customs, by way of refund of duty (whether of customs or excise) paid on imported hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 1979) or value added tax paid on the importation of such oil which is bought in the United Kingdom by or on behalf of a member of the Tribunal and is for his personal use or for that of members of his family forming part of his household such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
3
The provisions of paragraphs (1) and (2) shall not operate so as to confer any privilege or immunity on any person who is a British citizen, a British overseas territories citizen, a British Overseas citizen, a British national (Overseas) or permanently resident in the United Kingdom; but any such person who is a member of the Tribunal shall enjoy —
a
immunity from suit and legal process (even after he has ceased to exercise his functions) in respect of acts, including words written or spoken, done by him in the course of discharging his functions in connection with the Tribunal; and
b
exemption from income tax in respect of salaries and emoluments (excluding pensions and annuities) received by him from the Tribunal as a member of the Tribunal,
except in so far as in any particular case any privilege or immunity is waived as set out in paragraph (8).
4
Where the incidence of any form of taxation depends on residence, any period during which members of the Tribunal are present in the United Kingdom for the discharge of their functions shall not be considered a period of residence in the United Kingdom.
5
Paragraph (2) (a) shall not apply to pensions or annuities paid by the Tribunal.
6
Members of the family forming part of the household of a member of the Tribunal —
a
during any period in which he is resident in the United Kingdom for the purpose of holding himself at the disposal of the Tribunal; or
b
when he is on journeys in or through the United Kingdom in connection with the exercise of his functions,
shall enjoy the privileges and immunities provided for in paragraph (2) during the period of that residence or when on such journeys.
7
Except in so far as in any particular case any privilege or immunity is waived as set out in paragraph (8), members of the Tribunal after the expiry of their terms of office shall enjoy immunity from suit and legal process in respect of acts, including words written or spoken, done by them in the course of discharging their functions in connection with the Tribunal.
8
Privileges and immunities accorded by this article may be waived by the Tribunal.
PART 4
REGISTRAR
14
1
Except in so far as in any particular case any privilege or immunity is waived as set out in paragraph (5), the Registrar, when engaged on the business of the Tribunal, shall enjoy —
a
the like immunity from suit and legal process, the like inviolability of residence, the like immunity from personal arrest, detention and seizure of personal baggage, and the like exemption or relief from taxes and rates as are accorded to or in respect of a diplomatic agent;
b
the like exemption from duties and taxes on the importation of articles imported for his personal use, including articles imported for his establishment, as in accordance with paragraph 1 of Article 36 of the 1961 Convention Articles is accorded to a diplomatic agent;
c
the like exemption and privileges in respect of his personal baggage as in accordance with paragraph 2 of Article 36 of the 1961 Convention Articles are accorded to a diplomatic agent;
d
relief, under arrangements made by the Commissioners for Her Majesty’s Revenue and Customs, by way of refund of duty (whether of customs or excise) paid on any hyrdocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 1979) which is bought in the United Kingdom by him or on his behalf and which is for his personal use or for that of members of his family forming part of his household, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
2
The provisions of paragraph (1) shall not operate so as to confer any privilege or immunity on any person who is a British citizen, a British overseas territories citizen, a British Overseas citizen, a British national (Overseas) or permanently resident in the United Kingdom; but any such person who is the Registrar shall enjoy —
a
immunity from suit and legal process (even after he has ceased to exercise his functions) in respect of acts, including words written or spoken, done by him in the course of discharging his functions in connection with the Tribunal; and
b
exemption from income tax in respect of salaries and emoluments (excluding pensions and annuities) received by him from the Tribunal as Registrar of the Tribunal,
except in so far as in any particular case any privilege or immunity is waived as set out in paragraph (5).
3
Where the incidence of any form of taxation depends on residence, any period during which the Registrar is present in the United Kingdom for the discharge of his functions shall not be considered as a period of residence in the United Kingdom.
4
Paragraph (1) (a) shall not apply to pensions or annuities paid by the Tribunal.
5
Privileges and immunities accorded by this article may be waived by the Tribunal.
PART 5
OTHER OFFICIALS OF THE TRIBUNAL
15
1
Except in so far as in any particular case any privilege or immunity is waived in accordance with paragraph (5), officials of the Tribunal other than the Registrar, when engaged on the business of the Tribunal and as necessary for the independent exercise of their functions, shall enjoy —
a
immunity from suit and legal process (even after they have ceased to exercise their functions) in respect of acts, including words written or spoken, done by them in the course of discharging their functions for the Tribunal;
b
exemption from income tax in respect of salaries and emoluments received by them from the Tribunal as officials of the Tribunal;
c
the like exemption and privileges in respect of their personal baggage as in accordance with paragraph 2 of Article 36 of the 1961 Convention Articles are accorded to a diplomatic agent;
d
the like exemption from duties (whether customs or excise) on the importation and re-exportation to their country of permanent residence, of articles which —
i
at or about the time when an official of the Tribunal first enters the United Kingdom to take up that post of employment for the Tribunal in the United Kingdom are imported for his personal use, including articles intended for his establishment, and
ii
are articles which were in the ownership or possession of an official of the Tribunal, or which he was under a contract to purchase, immediately before he entered the United Kingdom,
and the like privilege as to the importation of such articles as in accordance with paragraph 1 of Article 36 of the 1961 Convention articles is accorded to a diplomatic agent;
e
the like immunity from personal arrest, detention and seizure of personal baggage as is accorded to a diplomatic agent.
2
The provisions of paragraph (1) shall not operate so as to confer any privilege or immunity set out in sub-paragraphs (c), (d) and (e) on any person who is a British citizen, a British overseas territories citizen, a British Overseas citizen, a British national (Overseas) or permanently resident in the United Kingdom.
3
Where the incidence of any form of taxation depends on residence, any period during which officials of the Tribunal are present in the United Kingdom for the discharge of their functions shall not be considered as periods of residence in the United Kingdom.
4
Paragraph (1) (b) shall not apply to pensions or annuities paid by the Tribunal.
5
Privileges and immunities accorded by this article may be waived by the Registrar acting with the approval of the President of the Tribunal.
PART 6
EXPERTS
16
1
Except in so far as in any particular case any privilege or immunity is waived by the Tribunal, experts appointed under article 289 of the Convention, during the period of their mission (including time spent on journeys in that connection), as necessary for the independent exercise of their functions, shall enjoy —
a
immunity from suit and legal process (even after they have ceased to exercise their functions) in respect of acts, including words written or spoken, done by them in the course of discharging their functions for the Tribunal;
b
the like exemption and privileges in respect of their personal baggage as in accordance with paragraph 2 of Article 36 of the 1961 Convention Articles are accorded to a diplomatic agent;
c
the like inviolability for all papers and documents as is accorded to a diplomatic agent;
d
the like immunity from personal arrest, detention and seizure of personal baggage as is accorded to a diplomatic agent.
2
The provisions of paragraph (1) shall not operate so as to confer any privilege or immunity set out in sub-paragraphs (b), (c) and (d) on any person who is a British citizen, a British overseas territories citizen, a British Overseas citizen, a British national (Overseas) or permanently resident in the United Kingdom.
PART 7
AGENTS, COUNSEL AND ADVOCATES
17
1
Except in so far as in any particular case any privilege or immunity is waived in accordance with paragraph (3), and subject to the production of the required certificate, agents, counsel and advocates before the Tribunal during the period of their missions (including time spent on journeys in that connection), as necessary for the independent performance of their functions, shall enjoy —
a
immunity from suit and legal process (even after they have ceased to exercise their functions) in respect of acts, including words written or spoken, done by them in the course of discharging their functions for the Tribunal;
b
the like exemption and privileges in respect of their personal baggage as in accordance with paragraph 2 of Article 36 of the 1961 Convention Articles are accorded to a diplomatic agent;
c
the like inviolability for all papers and documents as is accorded to a diplomatic agent;
d
the like immunity from personal arrest, detention and seizure of personal baggage as is accorded to a diplomatic agent.
2
The provisions of paragraph (1) shall not operate so as to confer any privilege or immunity set out in sub-paragraphs (b), (c) and (d) on any person who is a British citizen, a British overseas territories citizen, a British Overseas citizen, a British national (Overseas) or permanently resident in the United Kingdom.
3
Privileges and immunities accorded by this article may be waived —
a
in the case of agents, counsel and advocates representing, or designated by, a State which is a party to proceedings before the Tribunal, by that State;
b
in the case of all other agents, counsel and advocates, by the Tribunal.
4
For the purposes of this article “required certificate” means a certificate signed by the Registrar certifying the status of the agent, counsel or advocate and specifying a time period reasonably required for the proceedings.
PART 8
WITNESSES, EXPERTS AND PERSONS PERFORMING MISSIONS
18
1
Except in so far as in any particular case any privilege or immunity is waived by the Tribunal, witnesses, experts and persons performing missions by order of the Tribunal, during the period of their mission (including time spent on journeys in that connection), shall enjoy the privileges and immunities provided for in article 16 (1).
2
The provisions of paragraph (1) shall not operate so as to confer any privilege or immunity set out in article 16 (1), sub-paragraphs (b), (c) and (d) on any person who is a British citizen, a British overseas territories citizen, a British Overseas citizen, a British national (Overseas) or permanently resident in the United Kingdom.
19
The International Tribunal for the Law of the Sea (Immunities and Privileges) Order 1996 is hereby revoked.
A. K. Galloway
Clerk of the Privy Council