text:
Citation, commencement, extent and application
1
1
This Order may be cited as the Egypt (Restrictive Measures) (Overseas Territories) Order 2011 and shall come into force on 15th July 2011.
2
This Order shall extend to the territories listed in Schedule 1.
3
Article 13 shall apply to the Sovereign Base Areas of Akrotiri and Dhekelia as set out in Schedule 2.
4
Article 13 shall apply to the Falkland Islands and South Georgia and the South Sandwich Islands as set out in Schedule 3.
5
Article 13 shall apply to St Helena, Ascension and Tristan da Cunha as set out in Schedule 4.
6
In the application of this Order to any of the said territories the expression “the Territory” in this Order means that territory;
7
An offence may be committed under articles 4(2), 5(2), 7, 10(4), 11(1) or (2), by any person in the Territory or by any person elsewhere who is —
a
a British citizen, a British overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) or a British protected person and is ordinarily resident in the Territory; or
b
a body incorporated or constituted under the law of any part of that Territory.
Interpretation
2
1
In this Order, the following expressions have, except where otherwise expressly provided, the meanings hereby respectively assigned to them, that is to say —
“aircraft” means a fixed wing, swivel wing, rotary wing, tilt rotor or tilt wing airborne vehicle or helicopter;
“document” includes information recorded in any form, and in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;
“economic resources” means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but may be used to obtain funds, goods or services;
“funds” means financial assets and benefits of every kind, including (but not limited to) —
cash, cheques, claims on money, drafts, money orders and other payment instruments;
deposits with relevant institutions or other entities, balances on accounts, debts and debt obligations;
publicly and privately traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts;
interest, dividends or other income on or value accruing from or generated by assets;
credit, rights of set-off, guarantees, performance bonds or other financial commitments;
letters of credit, bills of lading, bills of sale;
documents providing evidence of an interest in funds or financial resources;
“frozen account” means an account with a relevant institution which is held or controlled by a listed person;
“Gazette” means the official gazette of a Territory or any other form in which official information is normally made available in that Territory;
“Governor” means the Governor or other officer administering the Government of the Territory;
“listed person” means any person listed in Annex I to the Regulation (as modified from time to time) or a person identified in a direction by the Governor under article 8(1);
“person” means any natural or legal person, entity or body;
“the Regulation” means Council Regulation ( EU ) No. 270/2011 adopted by the Council of the European Union on 21st March 2011 which came into force on 22nd March 2011 (the date of its publication) and which places restrictive measures on certain persons responsible for the misappropriation of Egyptian State funds and persons associated with them as amended from time to time;
“relevant institution” means —
the person responsible for the regulation and supervision of financial services business in the Territory;
any person who may lawfully accept deposits in or from within the Territory by way of business; or
any society established lawfully in the Territory whose principal purpose is the making of loans secured on residential property where such loans are funded substantially by its members;
“ship” includes every description of vessel used in navigation;
“Supreme Court” means the court of the Territory having unlimited jurisdiction in civil proceedings;
“vehicle” means land transport vehicle.
2
For the purpose of the definition of “relevant institution” in paragraph (1) —
a
the activity of accepting deposits has the meaning given in any relevant order made under section 22 of the Financial Services and Markets Act 2000 ; and
b
a person is not regarded as accepting deposits by way of business if —
i
the person does not hold themselves out as accepting deposits on a day to day basis, and
ii
any deposits which they accept are accepted only on particular occasions, whether or not involving the issue of any securities.
3
In determining for the purposes of paragraph (2)(b)(ii) whether deposits are accepted only on particular occasions, regard is to be had to the frequency of those occasions and to any characteristics distinguishing them from each other.
4
Except where this Order provides otherwise, expressions used in the Regulation which are also used in this Order have the same meaning in this Order as they have in the Regulation.
Publicly available list of listed persons
3
The Governor shall —
a
maintain a list of listed persons; and
b
cause the list to be published in the Gazette as necessary from time to time.
FUNDS AND ECONOMIC RESOURCES
Freezing funds and economic resources
4
1
A person (including a listed person) shall not deal with funds or economic resources belonging to, or owned, held or controlled by a listed person, subject to article 6, unless they do so under the authority of a licence granted under article 9.
2
A person who contravenes the prohibition in paragraph (1) shall be guilty of an offence under this Order.
3
In proceedings for an offence under this article, it is a defence for a person to show that they did not know and had no reasonable cause to suspect that the funds or economic resources were owned, held or controlled by a listed person.
4
In this article, “to deal with” means —
a
in respect of funds —
i
to use, alter, move, allow access to or transfer;
ii
to deal with in any other way that would result in any change in volume, amount, location, ownership, possession, character or destination; or
iii
to make any other change that would enable use, including portfolio management; and
b
in respect of economic resources, to exchange or use in exchange for funds, goods or services.
Making funds and economic resources available
5
1
A person (including a listed person) shall not make funds or economic resources available, directly or indirectly, to or for the benefit of a listed person, subject to article 6, unless they do so under the authority of a licence granted under article 9.
2
A person who contravenes the prohibition in paragraph (1) shall be guilty of an offence under this Order.
3
In proceedings for an offence under this article, it is a defence for a person to show that they did not know and had no reasonable cause to suspect funds or economic resources were being made available, directly or indirectly, to or for the benefit of a listed person.
Exceptions
6
1
A person (including a listed person) is not guilty of an offence under article 4 or 5 if they credit a frozen account with —
a
interest or other earnings due on the account; or
b
payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which the account holder became a listed person.
2
It is not an offence under article 5 for a relevant institution to credit a frozen account where it receives funds transferred by a third party to a frozen account under this Order.
3
Article 4 applies to any funds credited to a frozen account in accordance with this article.
4
In this article “third party” means a person other than the account holder or the person with which the account is maintained.
Circumventing prohibitions etc
7
A person shall be guilty of an offence under this Order if they participate in, knowingly and intentionally, activities the object or effect of which is, directly or indirectly, to-
a
circumvent a prohibition in article 4(1) or 5(1); or
b
enable or facilitate the commission of an offence under article 4(2) or 5(2).
Governor’s powers to give directions
8
1
Where the Governor has reasonable grounds for suspecting that a person is a listed person, the Governor may give a direction that such person is a listed person for the purposes of this Order.
2
The Governor may vary or revoke such a direction at any time.
3
A direction under paragraph (1) has effect —
a
for such a period as the Governor may specify in the direction, or
b
until the direction is revoked or set aside.
4
Where the Governor gives a direction the Governor shall —
a
take such steps as he considers appropriate to publicise the direction;
b
give written notice to the person identified in the direction; and
c
if the direction is varied or revoked —
i
give written notice of the variation or revocation to the person identified in the direction; and
ii
take such further steps as the Governor considers appropriate to publicise the variation or revocation.
5
The Supreme Court may set aside a direction on the application of —
a
the person identified in the direction, or
b
any other person affected by the direction.
6
A person who makes an application under paragraph (5) shall give a copy of the application and any witness statement or affidavit in support to the Governor not later than seven days before the date fixed for the hearing by the Supreme Court of the application.
Licences
9
1
The Governor may grant a licence to disapply the prohibition in article 4(1) or 5(1) in relation to the acts specified in the licence.
2
A licence may relate to —
a
basic expenses of listed persons and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines, medical treatment, taxes, insurance premiums and public utility charges;
b
payments of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services;
c
payment of fees or service charges for the routine holding or maintenance of frozen funds in a frozen account or economic resources;
d
payment of necessary extraordinary expenses as determined by the Governor provided that the other Member States and the Commission of the European Union have been notified of the grounds for the Governor’s determination at least two weeks before the Governor’s authorisation of payment;
e
satisfaction of a judicial, administrative or arbitral lien or judgment provided that the lien or judgment was entered into prior to 22nd March 2011 and is not for the benefit of a listed person.
3
Any licence granted under this Order shall be in writing.
4
A licence may be —
a
general or granted to a category of persons or to a particular person;
b
subject to conditions;
c
of indefinite duration or subject to an expiry date.
5
The Governor may vary or revoke a licence at any time.
6
Where a licence is granted, varied or revoked by the Governor, the Governor shall —
a
in the case of a licence granted to a particular person, give written notice of the licence, variation or revocation to that person, and
b
in the case of a general licence, or of a licence granted to a category of persons, take such steps as the Governor considers appropriate to publicise the licence, variation or revocation.
DISCLOSURE BY FINANCIAL INSTITUTIONS
Failure to disclose knowledge or suspicion
10
1
If a relevant institution knows or suspects that a relevant person —
a
is a listed person, or
b
has committed an offence under article 4(2), 5(2), 7, 11(1) or (2),
it shall disclose to the Governor the information or other matter specified in paragraph (2) as soon as is reasonably practicable after that information or other matter comes to its attention.
2
A relevant institution, when it makes a disclosure to the Governor under paragraph (1), shall state —
a
the information or other matter on which the knowledge or suspicion is based;
b
any information it holds about the relevant person by which the person can be identified; and
c
where the relevant person is a listed person, the nature and amount or quantity of any funds or economic resources held by the relevant institution for that person since the person first became a listed person.
3
A relevant institution shall inform the Governor without delay if it credits a frozen account in accordance with article 6(2).
4
A relevant institution which fails to comply with the requirement in paragraph (1), (2) or (3) is guilty of an offence under this Order.
5
In this paragraph “relevant person” means —
a
a customer of the relevant institution;
b
a person who has been a customer of the relevant institution at any time on or after 22nd March 2011 and has ceased to be a customer; or
c
a person with whom the relevant institution has had dealings in the course of business on or after that date.
6
Where a relevant institution discloses to the Governor —
a
its knowledge or suspicion that a person is a listed person or a person who has committed an offence under article 4(2), 5(2), 7, 11(1) or (2);
b
any information or other matter on which that knowledge or suspicion is based, or
c
any other information pursuant to article 10(2) above,
the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.
GENERAL
Offences in connection with application for licences, conditions attaching to licences, etc
11
1
If, for the purposes of obtaining any licence under this Order, any person makes a statement or furnishes any document or information which to their knowledge is false in any material particular, or recklessly makes any statement or furnishes any document or information which is false in a material particular, they shall be guilty of an offence under this Order.
2
Subject to paragraph (3), any person who has done any act under the authority of a licence granted by the Governor under this Order and who fails to comply with the conditions attaching to that licence shall be guilty of an offence under this Order.
3
No person shall be guilty of an offence under paragraph (2) where they prove that the condition with which they failed to comply was modified, otherwise than with their consent, by the Governor after the doing of the act authorised by the licence.
Obtaining of evidence and information
12
1
The provisions of Schedule 5 shall have effect in order to facilitate the obtaining, by or on behalf of the Governor —
a
of evidence or information for the purpose of securing compliance with or detecting evasion of:
i
this Order in the Territory; or
ii
any law making provision with respect to the matters regulated by this Order that is in force in the United Kingdom, any of the Channel Islands or the Isle of Man or any British overseas territory;
b
of evidence of the commission of —
i
in the Territory, an offence under this Order or, with respect to any of the matters regulated by this Order, an offence relating to customs; or
ii
with respect to any of the matters regulated by this Order, an offence under the law of the United Kingdom, any of the Channel Islands or the Isle of Man or any British overseas territory;
c
of evidence or information establishing —
i
the nature and amount or quantity of any funds or economic resources owned, held or controlled by a listed person; or
ii
the nature of any financial transactions entered into by a listed person;
d
of evidence or information considered by the Governor appropriate to cooperate with any domestic or international investigation relating to the funds, economic resources or financial transactions of a listed person.
2
No information furnished or document produced by any person in pursuance of a request made under Schedule 5 shall be disclosed except —
a
with the consent of the person by whom the information was furnished or the document was produced, provided that a person who has obtained information or is in possession of a document only in their capacity as a servant or agent of another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or the possession of that document in their own right;
b
to any person empowered under Schedule 5 to request that the information be furnished or the document produced to any person holding or acting in any office under or in the service of —
i
the Crown in respect of the Government of the United Kingdom;
ii
the Government of the Isle of Man;
iii
the States of Guernsey or Alderney or the Chief Pleas of Sark;
iv
the States of Jersey; or
v
the Government of any other British overseas territory;
c
with a view to the institution of, or otherwise for the purposes of, any proceedings —
i
in the Territory, for an offence under this Order or with respect to any of the matters regulated by this Order, for any offence relating to customs, or
ii
for an offence under any law making provision with respect to such matters that is in force in the United Kingdom, any of the Channel Islands, the Isle of Man or any British overseas territory;
d
to the Financial Services Authority of the United Kingdom or to the relevant authority with responsibility in any other country or territory for the regulation and supervision of financial services business.
Penalties and proceedings
13
1
A person guilty of an offence under article 4(2), 5(2), 7 or paragraph 4(b) or (d) of Schedule 5 is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both; or
b
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or to both.
2
A person guilty of an offence under article 11(1) or (2) is liable —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to a fine not exceeding £5,000 or its equivalent.
3
A person guilty of an offence under article 10(4) or a person guilty of an offence under paragraph 4(a) or (c) of Schedule 5 shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding £5,000 or its equivalent or to both.
4
Where any body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he or she, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
5
Summary proceedings for an offence under this Order, being an offence alleged to have been committed outside the Territory, may be instituted at any time not later than 12 months from the date on which the person charged first enters the Territory after committing the offence.
6
Proceedings against any person for an offence under this Order may be taken before the appropriate court in the Territory having jurisdiction in the place where that person is for the time being.
7
No proceedings for an offence under this Order shall be instituted in the Territory except by or with the consent of the principal public officer of the Territory having responsibility for criminal prosecutions.
8
Irrespective of whether such consent has been obtained, paragraph (7) shall not prevent —
a
the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or
b
the remand in custody or on bail of any person charged with such an offence.
Notices
14
1
This article has effect in relation to any notice to be given to a person by the Governor under article 8(4)(b) or (c), or 9(6)(a).
2
Any such notice may be given:
a
by posting it to the person’s last known address, or
b
where the person is a body corporate, by posting it to the registered or principal office of the body corporate in the Territory.
3
Where the Governor does not have an address in the Territory for the person, he must make arrangements for the notice to be given to that person at the first available opportunity.
Exercise of the powers of the Governor
15
1
The Governor may, to such extent and subject to such restrictions and conditions as he may think proper, delegate or authorise the delegation of any of his powers under this Order to any person, or class or description of persons, approved by the Governor.
2
In the case of a delegation referred to in paragraph (1) of this article, references in this Order to the Governor are to be construed accordingly.
Miscellaneous
16
1
Any provision of this Order which prohibits the doing of an act except under the authority of a licence granted by the Governor shall not have effect in relation to any such act done anywhere other than the Territory provided that it is duly authorised.
2
An act is duly authorised for the purpose of paragraph (1) if it is done under the authority of a licence granted in accordance with any law in force in the place where it is done (being a law substantially corresponding to the relevant provisions of this Order) by the authority competent in that behalf under that law.
General
17
1
If the Council of the European Union takes any decision which has the effect of postponing, suspending or terminating the operation of the Regulation, in whole or in part, this Order shall cease to have effect or its operation shall be postponed or suspended, in whole or in part, to the same extent from the date the decision of the Council comes into force.
2
The Governor shall publish particulars of the decision in a notice in the Gazette.
Judith Simpson
Clerk of the Privy Council


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Student Fees, Awards and Support) (Amendment) Regulations 2011.
2
These Regulations come into force on the 22nd day after these Regulations are laid before Parliament.
3
These Regulations apply in relation to England .
Interpretation
2
In these Regulations —
“ Fees Regulations ” means the Education (Fees and Awards) (England) Regulations 2007 ;
“ QCP Regulations ” means the Student Fees (Qualifying Courses and Persons) (England) Regulations 2007 ;
“ SSR 2009 ” means the Education (Student Support) Regulations 2009 .
Amendment to the Fees Regulations, QCP Regulations and SSR 2009
3
The Fees Regulations are amended in accordance with regulations 6 and 7.
4
The QCP Regulations are amended in accordance with regulations 8 and 9.
5
The SSR 2009 are amended in accordance with regulations 10 to 12.
Amendment of the Fees Regulations
6
For regulation 2(3) of the Fees Regulations, substitute —
3
For the purposes of these Regulations, “parent” includes a guardian and any other person having parental responsibility for a child and “child” is to be construed accordingly.
.
7
In Schedule 1 —
a
in paragraph 1 —
i
within the definition of “family member”, for (a)(ii), substitute —
ii
direct descendants of the person or of the person’s spouse or civil partner who are —
aa
under the age of 21; or
bb
dependents of the person or the person’s spouse or civil partner; or
;
ii
after the definition of “family member”, insert —
“person granted humanitarian protection” means a person —
who, on the grounds of humanitarian protection, has been granted leave to remain under the immigration rules as defined in section 33(1) of the Immigration Act 1971 ;
whose leave to remain is extant, or in respect of whose leave to remain an appeal is pending (within section 104 of the Nationality, Immigration and Asylum Act 2002 ); and
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave to remain;
;
iii
omit the definition of “person with leave to enter or remain”;
b
for paragraph 5, substitute —
Persons granted humanitarian protection and their family members
5
1
A person granted humanitarian protection who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.
2
A person —
a
who is the spouse or civil partner of a person granted humanitarian protection;
b
who was the spouse or civil partner of the person granted humanitarian protection on the date on which that person applied for asylum (the “asylum application date”); and
c
who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.
3
A person —
a
who is the child of a person granted humanitarian protection or the child of the spouse or civil partner of a person granted humanitarian protection;
b
who, on the asylum application date, was the child of that person or the child of a person who was the spouse or civil partner of the person granted humanitarian protection on that date;
c
who was under 18 on the asylum application date; and
d
who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.
.
Amendment of the QCP Regulations
8
In regulation 2 of the QCP Regulations, in the definition of “equivalent or lower qualification”, for “Education (Student Support) (No 2) Regulations 2008”, substitute “Education (Student Support) Regulations 2009 .”
9
In the Schedule —
a
in paragraph 1(1) —
i
within the definition of “family member”, for (a)(ii), substitute —
ii
direct descendants of the person or of the person’s spouse or civil partner who are —
aa
under the age of 21; or
bb
dependents of the person or the person’s spouse or civil partner; or
;
ii
after the definition of “overseas territories”, insert —
“person granted humanitarian protection” means a person —
who, on the grounds of humanitarian protection, has been granted leave to remain under the immigration rules as defined in section 33(1) of the Immigration Act 1971 ;
whose leave to remain is extant, or in respect of whose leave to remain an appeal is pending (within section 104 of the Nationality, Immigration and Asylum Act 2002 ); and
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave to remain;
;
iii
omit the definition of “person with leave to enter or remain”;
b
for paragraph 1(2), substitute —
2
For the purposes of this Schedule, “parent” includes a guardian and any other person having parental responsibility for a child and “child” is to be construed accordingly.
;
c
for paragraph 5, substitute —
Persons granted humanitarian protection and their family members
5
1
A person granted humanitarian protection who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.
2
A person —
a
who is the spouse or civil partner of a person granted humanitarian protection;
b
who was the spouse or civil partner of the person granted humanitarian protection on the date on which that person applied for asylum (the “asylum application date”); and
c
who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.
3
A person —
a
who is the child of a person granted humanitarian protection or the child of the spouse or civil partner of a person granted humanitarian protection;
b
who, on the asylum application date, was the child of that person or the child of a person who was the spouse or civil partner of the person granted humanitarian protection on that date;
c
who was under 18 on the asylum application date; and
d
who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.
.
Amendment of the SSR 2009
10
In regulation 2 of the SSR 2009 (interpretation) —
a
after the definition of “periods of work experience”, insert —
“person granted humanitarian protection” means a person —
who, on the grounds of humanitarian protection, has been granted leave to remain under the immigration rules as defined in section 33(1) of the Immigration Act 1971 ;
whose leave to remain is extant, or in respect of whose leave to remain an appeal is pending (within section 104 of the Nationality, Immigration and Asylum Act 2002 ); and
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave to remain;
;
b
omit the definition of “person with leave to enter or remain”.
11
In each of the following regulations, for “person with leave to enter or remain”, substitute “person granted humanitarian protection” —
a
regulation 5(12)(a) and (b);
b
regulation 18(b);
c
regulation 82(2)(b);
d
regulation 92(2)(a);
e
regulation 116(12)(a) and (b);
f
regulation 117(4)(b);
g
regulation 133(11)(a) and (b);
h
regulation 134(3)(b);
i
regulation 150(13)(a) and (b); and
j
regulation 151(2)(b).
12
In Schedule 1 —
a
for sub-paragraph (2) of paragraph 1, substitute —
2
For the purposes of this Schedule, “parent” includes a guardian and any other person having parental responsibility and “child” is to be construed accordingly.
;
b
for paragraph 5, substitute —
Persons granted humanitarian protection and their family members
5
1
A person granted humanitarian protection who —
a
is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and
b
who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.
2
A person —
a
who is the spouse or civil partner of a person granted humanitarian protection;
b
who was the spouse or civil partner of the person granted humanitarian protection on the date on which that person applied for asylum (the “asylum application date”);
c
who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and
d
who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.
3
A person —
a
who is the child of a person granted humanitarian protection or the child of the spouse or civil partner of a person granted humanitarian protection;
b
who, on the asylum application date, was the child of that person or the child of a person who was the spouse or civil partner of the person granted humanitarian protection on that date;
c
who was under 18 on the asylum application date;
d
who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and
e
who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.
.
Transitional cases
13
1
The amendments made by regulations 6 to 9 of these Regulations do not apply in relation to a person —
a
where the first day of the first academic year of that person’s course is on or before 31st March 2011;
b
where sub-paragraph (a) applies, and the person subsequently transfers to another course; or
c
who, disregarding any intervening vacation, immediately after the course referred to in paragraph (a), begins an end-on course.
2
The amendments made by regulations 10, 11 and 12 of these Regulations do not apply in relation to a person —
a
whose application for support is received by the Secretary of State before the date on which these Regulations come into force;
b
who, before the date on which these Regulations come into force was determined by the Secretary of State to be an eligible student falling within paragraph 5 of Part 2 of Schedule 1 to the SSR 2009; or
c
who, having satisfied the conditions set out in sub-paragraph (a) or sub-paragraph (b), commences an end-on course.
3
In this regulation, “end-on course” has the meaning given in paragraph (d) of the definition of “end-on course” in regulation 2 of the SSR 2009.
David Willetts
Minister of States for Universities and Science
Department for Business, Innovation and Skills
17th January 2011


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Road Vehicles (Approval) (Amendment) Regulations 2011 and come into force on 1st September 2011.
2
These Regulations extend to Northern Ireland.
Amendment of Regulations
2
1
The Road Vehicles (Approval) Regulations 2009 are amended as follows.
2
In regulation 3 (interpretation: general) in paragraph (1), in the definition of “ Framework Directive ”, after “such vehicles” insert “, as amended by Commission Directive 2010/19/ EU ”.
3
In Schedule 2 (interpretation of requirements in regulatory acts) in paragraph 1(a), for “29th April 2009” substitute “1st September 2011”.
4
After regulation 5 (scope of the Regulations), insert —
Duty to Review these Regulations
5A
1
Before the end of each review period, the Secretary of State must —
a
carry out a review of these Regulations,
b
set out the conclusions of the review in a report, and
c
publish the report.
2
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Framework Directive is implemented in other Member States.
3
The report must in particular —
a
set out the objectives intended to be achieved by these Regulations,
b
assess the extent to which those objectives are achieved, and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
4
“Review period” means —
a
the period of five years beginning with 1st September 2011, and
b
subject to paragraph (5), each successive period of five years.
5
If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
Signed by authority of the Secretary of State for Transport
Norman Baker
Parliamentary Under Secretary of State
Department for Transport
2nd August 2011


text:
Citation, commencement, effect and interpretation
1
1
These Regulations may be cited as the Taxes, etc. (Fees for Payment by Internet) Regulations 2011.
2
These Regulations come into force on 1st April 2011 and have effect in relation to any payment made by credit card on or after that date where internet authorisation is given to make that payment.
3
In these Regulations “internet authorisation” means authorisation given by a credit card issuer via the internet.
Fee payable where internet authorisation is given to make a payment by credit card
2
1
Where —
a
internet authorisation is given for a person to make a payment by credit card, and
b
that person makes the payment to the Commissioners or a person authorised by the Commissioners,
the person must also pay a fee of 1.4 % of the amount of that payment.
2
The fee must be paid by being added to the payment (so that, accordingly, the person must make a single overall payment, consisting of the payment and the fee).
3
In these Regulations “credit card” means a card which —
a
is a credit-token within section 14(1)(b) of the Consumer Credit Act 1974 , or
b
would be a credit-token falling within that enactment were the card to be given to an individual.
Revocation
3
The Taxes (Fees for Payment by Internet) Regulations 2008 are revoked.
Dave Hartnett
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue & Customs
9th March 2011


text:
Citation
1
This Order may be cited as the Children, Schools and Families Act 2010 (Commencement No. 2) Order 2011.
Provisions coming into force on 1st September 2011
2
1st September 2011 is the appointed day for the coming into force of section 3 of the Children, Schools and Families Act 2010.
Nick Gibb
Minister of State
Department for Education
1st April 2011


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Approved Mileage Allowance Payments (Rates) Regulations 2011.
2
These Regulations come into force on 6th April 2011 and have effect for the tax year 2011 – 12 and subsequent tax years.
Amendment to section 230 of the Income Tax (Earnings and Pensions) Act 2003
2
In the “Rate per mile” column of the table in section 230(2) of the Income Tax (Earnings and Pensions) Act 2003 (the approved amount for mileage allowance payments) for “40p” substitute “45p”.
Michael Fabricant
James Duddridge
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd March 2011


text:
Citation, commencement and effect
1
1
This Order may be cited as the Corporation Tax Act 2010 (Factors Determining Substantial Commercial Interdependence) Order 2011.
2
This Order shall come into force on 11th August 2011.
3
This Order shall have effect for accounting periods ending on or after 1st April 2011.
Factors taken into account in determining substantial commercial interdependence
2
In determining for the purposes of section 27 of the Corporation Tax Act 2010 (attribution to persons of rights and powers of their associates) whether a relationship between two companies amounts to “substantial commercial interdependence”, the following factors are to be taken into account —
a
the degree to which the companies are financially interdependent,
b
the degree to which the companies are economically interdependent, and
c
the degree to which the companies are organisationally interdependent.
“Financially interdependent”
3
Two companies are “financially interdependent” for the purposes of article 2 if (in particular) —
a
one gives financial support (directly or indirectly) to the other, or
b
each has a financial interest in the affairs of the same business.
“Economically interdependent”
4
Two companies are “economically interdependent” for the purposes of article 2 if (in particular) —
a
the companies seek to realise the same economic objective,
b
the activities of one benefit the other, or
c
the companies have common customers.
“Organisationally interdependent”
5
Two companies are “organisationally interdependent” for the purposes of article 2 if (in particular) the businesses of the companies have or use —
a
common management,
b
common employees,
c
common premises, or
d
common equipment.
Angela Watkinson
Jeremy Wright
Two of the Lords Commissioners to Her Majesty’s Treasury
20th July 2011


text:
Citation, extent and commencement
1
1
These Regulations may be cited as the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2011.
2
These Regulations extend to England and Wales, and shall come into force on 6th April 2012.
Amendment of the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007
2
1
Parts 1 and 2 of the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 (“the 2007 Regulations ”) are amended as follows.
2
In regulation 2(1) (interpretation) omit the definition of “residential property”.
3
In regulation 5 (energy performance certificates on sale and rent) in paragraph (2)(b), omit “before entering into a contract to sell or rent out the building or, if sooner”.
4
In regulation 5A (energy performance certificates on marketing) —
a
i
except in sub-paragraph (5)(a), for “property” substitute “building”, and
ii
for “seller” substitute “relevant person”,
in each place in which those words appear;
b
in paragraph (1)(a), omit “residential” and after “sold” insert “or rented out”;
c
in paragraph (4) for “28” substitute “7”;
d
after paragraph (4) insert —
4A
Where any person subject to the duty in paragraph (4) is unable, despite using all reasonable efforts, to secure that a valid energy performance certificate is obtained for the building before the end of the 7 day period specified in that paragraph, the person shall secure that the certificate is obtained before the end of the period of 21 days immediately following the 7 day period.
;
e
in paragraph (5) —
i
in sub-paragraphs (a) and (b), omit “residential”, and
ii
after “sale” insert “or rent”.
5
In regulation 6 (providing energy information with particulars) —
a
in paragraph (1)(a) for “residential property” substitute “building” and after “sold” insert “or rented out”;
b
in paragraph (1)(b) after “buying” insert “or renting”;
c
in paragraph (2), omit sub-paragraph (a), and in the remaining sub-paragraph, after the words “a copy” insert “of the first page”;
d
for the definition in paragraph (3) substitute the following —
“written particulars” means —
in relation to a building to be sold, any written description of the property which includes at least two of the following —
a photograph of the building or any room in the building,
a floor plan of the building,
the size of the rooms in the building, or
the measured area of the building;
in relation to a building to be rented out, any written description of the property which includes at least two of the following —
a photograph of the building or any room in the building,
a floor plan of the building,
the size of the rooms in the building,
the measured area of the building, or
the proposed rent;
and reference to written particulars or a written description includes particulars or a description given or made available electronically..
.
e
after paragraph (3) insert —
4
Where written particulars are made available and the address of the building is not included in those particulars, the person mentioned in paragraph (1)(c) may omit the address of the building from the copy of the first page of the energy performance certificate attached to the particulars in accordance with paragraph (2), notwithstanding the requirement to include the address imposed by regulation 11(1)(d)(ii).
5
Paragraph (4) does not permit the omission of the address of the building from a certificate in any circumstances other than those mentioned in that paragraph.
.
3
1
Parts 4, 5, 6 and 7 of the 2007 Regulations are amended as follows.
2
In regulation 22 (reports) for paragraph (3) substitute —
3
The inspection report must be in a form including the following information —
a
the reference number under which the report has been registered in accordance with regulation 31;
b
the address of the building in which the system is located;
c
the name of the energy assessor;
d
the name and address of the energy assessor’s employer, or, if such a person is self-employed, the name under which that person trades and their address;
e
the date on which the inspection occurred; and
f
the name of the approved accreditation scheme of which the energy assessor is a member.
.
3
In regulation 25 (accreditation schemes) in sub-paragraphs (c) and (g) of paragraph (3) for “and advisory reports” substitute “, advisory reports and inspection reports”.
4
In regulation 26 (related party disclosures) after “certificate” in each place insert “or inspection report”.
5
In regulation 31 (registration of certificates etc. ) —
a
in paragraph (1), omit “and” at the end of sub-paragraph (b), and after sub-paragraph (c) insert —
and
inspection reports.
;
b
in paragraph (2), for “paragraph (1)” substitute “paragraph (1)(a), (b) or (c)”;
c
after paragraph (2) insert —
2A
An energy assessor who issues an inspection report must ensure that it is entered onto the relevant register before the assessor gives the document to the relevant person.
.
6
In regulation 32 (fees for entering onto register), in paragraph (1), at the end add —
and
for entering an inspection report, a fee of £5.36.
.
7
In regulation 34A (disclosures whether an energy performance certificate for a building other than a dwelling has been entered on the register) —
a
in the heading after “certificate” insert “or inspection report”;
b
in paragraph (a) after “certificate” insert “or inspection report”;
c
in paragraph (b) after “certificate” insert “or report”.
8
In regulation 38(2) (enforcement authorities) after “5A(4),” insert “5A(4A),”.
9
In regulation 39 (power to require production of documents) —
a
after paragraph (1), insert —
1A
An authorised officer of an enforcement authority may require a person who appears to him to have been subject to the duty under regulation 5A(3) to produce for inspection a copy of any request made in accordance with regulation 5A(5)(d).
; and
b
in paragraph (2), for “The power conferred by paragraph (1) includes” substitute “The powers conferred by paragraphs (1) and (1A) include”.
10
In regulation 40(1) (penalty charge notices) after “5A(4),”insert “5A(4A),”.
11
In regulation 42(1A) (defence where energy performance certificate unobtainable) for “seller of a residential property” substitute “relevant person” and in sub-paragraph (c) of that paragraph, for “seller” substitute “relevant person”.
12
In regulation 43(1)(a) (penalty amount) after “5A(4),” insert “5A(4A),”.
Saving provision
4
1
In relation to a residential property put on the market before these Regulations come into force, regulations 5 and 5A of the 2007 Regulations shall continue to have effect as though unamended by these Regulations.
2
In paragraph (1), “residential property” and “put on the market” have the same meaning as is given to those expressions by paragraph (5)(a), (b) and (c) of regulation 5A as unamended by these Regulations.
Review
5
1
Before the end of each review period, the Secretary of State must —
a
carry out a review of these Regulations;
b
set out the conclusions of the review in a report; and
c
publish the report.
2
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how “Directive 2002/91/ EC of the European Parliament and of the Council on the energy performance of buildings” (of which provisions transposed by means of the 2007 Regulations are amended by these Regulations) is implemented in other member States.
3
The report must in particular —
a
set out the objectives intended to be achieved by the amendments in these Regulations to the regulatory system established by the 2007 Regulations,
b
assess the extent to which those objectives are achieved; and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
4
“Review period” means —
a
the period of five years beginning with the day on which these Regulations come into force; and
b
subject to paragraph (5), each successive period of five years.
5
If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
Signed by authority of the Secretary of State
A Stunell
Parliamentary Under Secretary of State
Department for Communities and Local Government
10th October 2011


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Riot (Damages) (Amendment) Regulations 2011 and shall come into force on 12th August 2011.
2
In these Regulations “the principal Regulations ” means the Regulations dated 1st October 1921 made by the Secretary of State under section 3(2) of the Riot (Damages) Act 1886 as to claims for compensation .
Amendment of the principal Regulations
2
For regulation 2 of the principal Regulations, substitute —
2
All claims shall be so delivered within forty-two clear days after the day when such injury, stealing or destruction took place.
3
The amendment made by these Regulations has effect in relation to any claim which could be made at or after the time that these Regulations come into force.
Theresa May
Secretary of State
Home Office
11th August 2011


text:
1
1
This Order may be cited as the Buckinghamshire Primary Care Trust (Transfer of Trust Property) Order 2011 and shall come into force on 1st April 2011.
2
In this Order —
“the old Trust” means the Buckinghamshire Primary Care Trust ;
“the new Trust” means the Buckinghamshire Healthcare National Health Service Trust;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 14th January 2011 and on behalf of the new Trust on 20th January 2011.
Transfer of trust property
2
1
On the date that this Order comes into force the trust property, and any rights and liabilities arising from that property, shall be transferred from the old Trust to the new Trust.
2
In any instrument relating to the trust property, any reference in relation to that property to the trustees of the trust property or to the old Trust shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
7th February 2011


text:
Citation, commencement and expiry
1
1
This Order may be cited as the Marine and Coastal Access Act 2009 (Transitional and Savings Provisions) Order 2011.
2
It comes into force on 1st April 2011.
3
Article 8 ceases to have effect on 1st April 2015.
Interpretation
2
1
In this Order —
“transfer date” means 1st April 2011;
“the transferee” means the IFC authority referred to in article 3(2);
“the transferor” means the local fisheries committee referred to in article 3(1).
2
Expressions used in this Order that are also used in Chapters 1 and 2 of Part 6 of the Marine and Coastal Access Act 2009 have the meaning they bear in those Chapters.
Transfer of employees
3
1
This paragraph applies in relation to any person (a “relevant employee”) who, immediately before the transfer date, was employed by or on behalf of a local fisheries committee listed in the left hand column of the table in Schedule 1 (“the transferor”) and whose contract of employment was not terminated before the transfer date (whether by expiry of notice, effluxion of time or otherwise).
2
On the transfer date, all relevant employees transfer to, and become employees of, the IFC authority listed in the corresponding entry to the transferor in the right hand column of the table in Schedule 1 (“the transferee”).
3
The contract of employment of a relevant employee —
a
is not terminated by the transfer;
b
has effect on and after the transfer date as if originally made between that employee and the transferee.
4
Without prejudice to paragraph (3) —
a
all the rights, powers, duties and liabilities under or in connection with the contract of employment of a relevant employee transfer to the transferee on the transfer date; and
b
anything done before the transfer date by, or in relation, to the transferor in respect of a relevant employee or their contract of employment, is deemed to have been done by, or in relation to, the transferee.
5
Paragraphs (2) to (4) do not transfer a relevant employee’s contract of employment, or the rights, powers, duties and liabilities under or in connection with that contract, if the employee has objected to the transfer to the transferee and had informed the transferor of that objection on or before 31st March 2011.
6
Where a relevant employee so objects, their contract of employment with the transferor is terminated immediately before the date on which the transfer would have occurred and that employee is not to be treated, for any purpose, as having been dismissed by the transferor.
7
Nothing in this article affects any right of a relevant employee to terminate their contract of employment with the transferor if (apart from the change of employer) a substantial and detrimental change is made to the employee’s working conditions.
Transfer of property, rights and liabilities
4
1
On the transfer date, the following transfer to and vest in the transferee —
a
all property held by or on behalf of the transferor immediately before that date; and
b
all rights and liabilities to which the transferor was entitled or subject immediately before that date including any rights conferred on the transferor by an order made under section 1 of the Sea Fisheries (Shellfish) Act 1967 .
2
But rights transferred by virtue of paragraph (1)(b) do not include any rights to which article 3 applies.
3
On and after the transfer date, all property of a relevant council held for the purposes of the transferor immediately before that date is held by the council for the purposes of the transferee.
4
Paragraph (1) has effect in spite of any provision (of whatever nature) that would prevent or restrict the transfer of the property, rights or liabilities in question otherwise than by that paragraph.
Continuation of proceedings etc
5
1
Nothing in article 3 or 4 affects the validity of anything done by or in relation to the transferor before the transfer date.
2
There may be continued by or in relation to the transferee anything (including legal proceedings) which —
a
relates to any of the functions that were exercisable by the transferor immediately before the transfer date or to any property, rights or liabilities transferred by article 4;
b
is in the process of being done by or in relation to the transferor immediately before the transfer date; and
c
could lawfully be undertaken by or in relation to the transferee.
3
Anything —
a
done by the transferor for the purposes of or in connection with any of the functions which were exercisable by it immediately before the transfer date or for the purposes of or in connection with any property, rights or liabilities transferred by article 4; and
b
in effect immediately before the transfer date,
has effect on and after the transfer date as if done by the transferee to the extent that the transferee could lawfully undertake that action.
4
The transferee is substituted for the transferor in any instruments or contracts which are either made or commenced before the transfer date and which relate to any of the functions that were exercisable by the transferor immediately before the transfer date.
Local fisheries committee byelaws
6
1
This article applies in relation to byelaws made by a local fisheries committee.
2
Where any provision of a byelaw —
a
is in force immediately before the transfer date;
b
has effect in relation to an area all or part of which is comprised in an IFC district; and
c
is such as could be comprised in a byelaw made under section 155 of the Marine and Coastal Access Act 2009 by the IFC authority for that district,
the provision has effect on and after the transfer date, in relation to the area described in paragraph (2)(b), as if comprised in a byelaw made by the IFC authority for that IFC district.
Environment Agency byelaws within an IFC district
7
1
This article applies in relation to byelaws made by the Environment Agency exercising the powers of a local fisheries committee .
2
Where any provision of a byelaw —
a
is in force immediately before the transfer date;
b
has effect in relation to an area of river, stream or estuary all or part of which is comprised in an IFC district; and
c
is such as could be comprised in a byelaw made under section 155 of the Marine and Coastal Access Act 2009 by the IFC authority for that district,
the provision has effect on and after the transfer date, in relation to the area described in paragraph (2)(b), as if comprised in a byelaw made by the IFC authority for that IFC district.
Environment Agency byelaws outside an IFC district
8
1
This article applies in relation to the following byelaws made by the Environment Agency exercising the powers of a local fisheries committee —
a
the Sea Fisheries Byelaw 1998 ;
b
byelaws 1, 2, 6, 7, 9, 10, 11, 13 and 14 of the Thames Region Sea Fishery Byelaws 2009 ; and
c
byelaws 1 to 4 of the Sea Fisheries Fixed Engine Prohibition Byelaws 2010 .
2
Where any provision of the byelaws referred to in paragraph (1) —
a
is in force immediately before the transfer date;
b
has effect in relation to an area of river, stream or estuary that falls outside the boundary of an IFC district; and
c
is such as could be comprised in an order made by the Secretary of State under section 1, 3, 5 or 5A of the Sea Fish (Conservation) Act 1967 ,
the provision has effect on and after the transfer date, in relation to the area described in paragraph (2)(b), as if comprised in such an order made by the Secretary of State.
3
For the purposes of enforcing the provisions referred to in this article, the Environment Agency may appoint officers with the powers mentioned in section 238(1) of the Marine and Coastal Access Act 2009.
Amendments and revocations
9
On the coming into force of this Order —
a
the enactments specified in Part 1 of Schedule 2 are amended in accordance with that Part; and
b
the enactments specified in Part 2 of Schedule 2 are revoked.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
2nd March 2011


text:
Citation, commencement and extent
1
These Regulations may be cited as the Wireless Telegraphy (Mobile Spectrum Trading) Regulations 2011 and shall come into force on 4th July 2011.
2
These Regulations shall not extend to the Bailiwick of Guernsey.
Interpretation
3
In these Regulations “concurrent holders” means persons who concurrently hold the rights and obligations under a wireless telegraphy licence by virtue of a transfer authorised by these Regulations which has that effect.
Transfer of all of the rights and obligations arising by virtue of a wireless telegraphy licence
4
1
Subject to regulation 6, a transfer by the holder of a wireless telegraphy licence to which this paragraph applies of all of the rights and obligations arising by virtue of that wireless telegraphy licence is authorised if it satisfies one of the two conditions set out in paragraph (2).
2
Those conditions are —
a
that the rights and obligations of the person making the transfer become rights and obligations of the transferee to the exclusion of the person making the transfer;
b
that the transferred rights and obligations become rights and obligations of the transferee while continuing, concurrently, to be rights and obligations of the person making the transfer.
3
Paragraph (1) shall apply to wireless telegraphy licences within the Public Wireless Network licence class which authorise the operation of a wireless telegraphy station or wireless telegraphy apparatus on any of the frequency bands specified in the Schedule.
Partial transfer of rights and obligations arising by virtue of a wireless telegraphy licence
5
Subject to regulation 6, transfers satisfying one of the two conditions set out in regulation 4(2) are also authorised where the transfer is of —
a
all of the rights arising by virtue of a wireless telegraphy licence which relate to —
i
a part of the range of frequencies under a wireless telegraphy licence within the Public Wireless Network licence class which authorises the operation of a wireless telegraphy station or wireless telegraphy apparatus on any of the frequency bands specified in the Schedule;
ii
a geographical area being part of the total geographical area in which the holder is authorised to establish, install and use radio transmitting and receiving stations or apparatus under a wireless telegraphy licence within the Public Wireless Network licence class which authorises the operation of a wireless telegraphy station or wireless telegraphy apparatus on any of the frequency bands specified in the Schedule; or
iii
both of the situations set out in sub-paragraphs (i) and (ii); and
b
the corresponding part of each of the obligations under the licence.
Circumstances in which a transfer is not authorised
6
A transfer of rights and obligations arising under a wireless telegraphy licence is not authorised where —
a
any of the licence holder, or all of the concurrent holders, and the transferee have not consented to the transfer;
b
any sum payable under the Wireless Telegraphy (Licence Charges) Regulations 2011 in respect of that licence is owing to OFCOM because it has not been paid by the time it became due;
c
any instalment payment is to be paid to OFCOM under regulation 4(8)(b) of the Wireless Telegraphy (Licence Charges) Regulations 2011 in respect of that licence;
d
OFCOM has served notice under paragraph 7(1) of Schedule 1 of the Wireless Telegraphy Act 2006 on the holder, or the concurrent holders, of that licence of a proposal to revoke or vary that licence but that revocation or variation has not yet been made;
e
the holder has, or all of the concurrent holders have, requested OFCOM to revoke or vary the licence or have consented to a revocation or variation proposed by OFCOM but that revocation or variation has not yet been made; or
f
OFCOM have not given their consent, under regulation 7(3)(a), to the transfer being made.
Transfer procedure
7
1
The holder, or concurrent holders, of a wireless telegraphy licence who wishes, or who wish, to make a transfer authorised by regulations 4(1) or 5 must provide to OFCOM —
a
the reference number of the wireless telegraphy licence under which rights and obligations are to be transferred;
b
the name and address of the holder or concurrent holders of the wireless telegraphy licence;
c
the name and address of the proposed transferee;
d
a description of which type of transfer authorised by regulation 4(1) or regulation 5 is proposed;
e
a document signed by or on behalf of the holder, or each concurrent holder, of the licence and signed by or on behalf of the transferee, under which each of those persons warrants to OFCOM that he has consented to the proposed transfer;
f
all information necessary for OFCOM to determine whether or not they shall consent to the transfer; and
g
in the case of a transfer authorised by regulation 5, a description of which rights and obligations under the licence are to be transferred.
2
OFCOM shall, after determining that the requirements of paragraph (1) have been met, publish a notice stating —
a
the name of the wireless telegraphy licence holder or concurrent holders and the name of the transferee to whom it is proposed that the rights and obligations arising under the licence shall be transferred;
b
the date when OFCOM determined that the requirements of paragraph (1) were met;
c
the licence class and the reference number of the wireless telegraphy licence under which rights and obligations are to be transferred; and
d
in the case of a transfer authorised by regulation 5, a description of which rights under the licence are proposed to be transferred.
3
After publishing a notice under paragraph (2) OFCOM shall decide —
a
if they consent to the transfer in accordance with regulation 8; and
b
if they shall give any directions under regulation 9.
4
OFCOM shall notify the parties to the proposed transfer of their decisions under paragraph (3).
5
A transfer shall be effected by the holder or concurrent holders of the wireless telegraphy licence under which rights and obligations are to be transferred surrendering that licence and by OFCOM granting a new one to the transferee and —
a
in the case of a transfer which satisfies the condition set out in regulation 4(2)(b), the holder or concurrent holders who made the transfer; and
b
in the case of a transfer authorised by regulation 5, to the holder or concurrent holders who made the transfer.
6
OFCOM shall publish the information specified in paragraph (2) in relation to transfers that have been effected pursuant to paragraph (5).
Consent by OFCOM
8
In determining whether or not to consent to a proposed transfer OFCOM shall take into account whether —
a
the holder is, or the concurrent holders are, in breach of the terms of the wireless telegraphy licence under which the rights and obligations are to be transferred;
b
the transferee is able to meet the terms, provisions and limitations of the wireless telegraphy licence which is to be granted as a result of the transfer;
c
in the case of a transfer authorised by regulation 5 the transferor is able to meet the terms, provisions and limitations of the wireless telegraphy licence which is to be granted as a result of the transfer;
d
the transferee is able to meet any criteria relating to the persons to whom a wireless telegraphy licence of the class under which rights and obligations are to be transferred may be granted;
e
competition is likely to be distorted as a result of the transfer; and
f
it is requisite or expedient to refuse consent to the transfer —
i
in the interests of national security;
ii
for the purposes of complying with a Community obligation of the United Kingdom or with any international agreement or arrangements to which the United Kingdom is party; or
iii
for the purposes of complying with a direction by the Secretary of State given to OFCOM under section 5 of the Communications Act 2003 or section 5 of the Wireless Telegraphy Act 2006.
Directions by OFCOM
9
1
If OFCOM consent to a transfer they may also direct that a transfer shall only be put into effect in accordance with regulation 7(5) after compliance with conditions which may relate to any matter mentioned in any of the paragraphs of regulation 8.
2
A transfer may not be put into effect in accordance with regulation 7(5) until after compliance with the conditions set out in any such direction.
Ed Richards
Chief Executive of the Office of Communications
For and by authority of the Office of Communications
16th June 2011


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Skipton Fund Limited (Application of Sections 731, 733 and 734 of the Income Tax (Trading and Other Income) Act 2005) Order 2011 and shall come into force on 18th May 2011.
2
In this Order “Skipton Fund Limited” and “Qualifying Person” have the meanings given in respectively section 731(7) and (8) of the Income Tax (Trading and Other Income) Act 2005 (treated as inserted by article 2(2)(b)).
Application of sections 731, 733 and 734 of the Income Tax (Trading and Other Income) Act 2005
2
1
Sections 731, 733 and 734 of the Income Tax (Trading and Other Income) Act 2005 shall have effect with the following modifications in relation to payments made pursuant to a scheme or arrangement administered by Skipton Fund Limited to a Qualifying Person.
2
In section 731 (periodical payments of personal injury damages etc. ) —
a
in subsection (2) —
i
the “or” at the end of the paragraph (d) is treated as omitted;
ii
after paragraph (e) there is treated as inserted —
, or
f
a scheme or arrangement administered by Skipton Fund Limited, so far as it relates to a Qualifying Person.
;
b
after subsection (6) there is treated as inserted —
7
In this section “Skipton Fund Limited” means the company limited by guarantee of that name (company number 5084964).
8
In this section and sections 733 and 734 “Qualifying person” has the meaning given in the agreement entered into between the Secretary of State for Health and Skipton Fund Limited dated 24th March 2011.
.
3
In section 733(a) (persons entitled to exemption for personal injury payments etc.) —
a
after “the person” there is treated as inserted “(“A”) who is a Qualifying Person or who is”;
b
“(“A”) is treated as omitted.
4
In section 734(1)(a) (payments from trusts for injured persons) after “who is” there is to be treated as inserted “a Qualifying Person or who is”.
Angela Watkinson
Michael Fabricant
Two of the Lords Commissioners of Her Majesty’s Treasury
26th April 2011


text:
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy (Mobile Communication Services on Board Ships) (Exemption) Regulations 2011 and shall come into force on 10th March 2011.
Interpretation
2
In these Regulations —
“apparatus” means wireless telegraphy apparatus;
“baseline” has the meaning given in regulation 4(2)(b);
“ dBi ” means decibels of power referenced to the gain of an isotrope antenna;
“ dBm ” means decibels of power referenced to one milliWatt;
“ ETSI ” means the European Telecommunications Standards Institute;
“ GSM system” means an electronic communications network, that complies with the GSM standard EN 301 511 published by ETSI ;
“ kHz ” means kilohertz;
“ MHz ” means megahertz;
“mobile communication services on board ships” means electronic communications services provided to enable persons on board a ship to communicate via public communication networks using a GSM system without establishing direct connections with land-based mobile networks;
“ship base transceiver station” means a mobile pico-cell located on a ship supporting GSM services in the 900 MHz band or in the 1800 MHz band;
“the 900 MHz band” means the 880-915 MHz frequency band (for the uplink from the apparatus to the ship base transceiver station) and the 925-960 MHz frequency band (for the downlink from the ship base transceiver station to the apparatus); and
“the 1800 MHz band” means the 1710-1785 MHz frequency band (for the uplink from the apparatus to the ship base transceiver station) and the 1805-1880 MHz frequency band (for the downlink from the ship base transceiver station to the apparatus).
Exemption
3
The use of any apparatus on board a ship which is —
a
registered in the United Kingdom, the Isle of Man, or any of the Channel Islands; and
b
within the limits of the British Islands and the territorial waters adjacent thereto, or, for the time being, beyond the British Islands and the territorial waters adjacent thereto;
is hereby exempt from the provisions of section 8(1) of the Wireless Telegraphy Act 2006 where the terms, provisions and limitations in regulation 4 are met.
Terms, provisions and limitations
4
1
The apparatus shall operate in the 900 MHz band and the 1800 MHz band.
2
The apparatus shall be used —
a
only for mobile communication services on board ships; and
b
only when the ship is two nautical miles or more from the baseline for measuring the breadth of the territorial waters under the United Nations Convention on the Law of the Sea (“baseline”).
3
When controlled by a ship base transceiver station, the apparatus shall operate with a maximum radiated output power which is no greater than —
i
5 dBm in the 900 MHz band; and
ii
0 dBm in the 1800 MHz band.
4
The apparatus shall connect directly to a ship base transceiver station which —
a
only uses indoor antennas between two and twelve nautical miles from the baseline; and
b
operates such that there is a maximum power density in external areas of the ship of –80 dBm per 200 kHz with reference to a 0 dBi measurement antenna gain.
5
The apparatus must form part of a GSM system which mitigates interference using the techniques in paragraph (6) or other techniques which provide at least an equivalent mitigation of interference.
6
The techniques referred to in paragraph (5) are —
a
the receiver sensitivity and disconnection threshold (as described in the GSM standards TS 144 008 and TS 144 018 published by ETSI) of the apparatus when used on board a ship is —
i
between two and three nautical miles from the baseline equal to or higher than –70 dBm per 200 kHz; and
ii
between three and twelve nautical miles from the baseline equal to or higher than –75 dBm per 200 kHz;
b
discontinuous transmission (as described in the GSM standard TS 144 008 published by ETSI) is activated in the uplink from the apparatus to the ship base transceiver station; and
c
the timing advance (as described in the GSM standard TS 144 018 published by ETSI) is set to the minimum.
7
The apparatus shall not cause or contribute to undue interference to any wireless telegraphy.
Ed Richards
Chief Executive of the Office of Communications
For and by authority of the Office of Communications
10th February 2011


text:
Citation and commencement
1
These Regulations may be cited as the Employer–Financed Retirement Benefits (Excluded Benefits for Tax Purposes) (Amendment) Regulations 2011 and shall come into force on 7th October 2011.
Amendment of the Employer-Financed Retirement Benefits (Excluded Benefits for Tax Purposes) Regulations 2007
2
The Employer-Financed Retirement Benefits (Excluded Benefits for Tax Purposes) Regulations 2007 are amended as follows.
3
In regulation 1(2) (citation and commencement), for “These” substitute “Subject to paragraph (3), these”.
4
After regulation 1(2) insert —
3
These Regulations have effect —
a
so far as they relate to tuition fees, as described in paragraph 18 of the Schedule, for the tax year 2009-2010 and subsequent tax years; and
b
so far as they relate to resettlement commutation, resettlement grants, gratuity earnings and the provision of independent inquest advice, as described in paragraphs 19, 20 and 21 of the Schedule, for the tax year 2010-2011 and subsequent tax years.
.
5
In regulation 2(1) (interpretation) insert in the appropriate places —
“armed forces” means the regular forces and the reserve forces as defined in section 374 of the Armed Forces Act 2006 and former members of both;
;
“medical discharge” means the discharge from service of a member of the armed forces because the member is medically unfit to continue in service due to injury or illness caused or worsened by service in the armed forces;
.
Excluded benefits
6
After regulation 3(2)(c) (excluded benefits) insert —
ca
in the case of the benefits described in paragraph 18 (tuition fees for armed forces personnel) of Part 3 of the Schedule (other benefits) —
i
a member of the armed forces, and
ii
after the death or medical discharge of a member of the armed forces, a member of his or her family,
cb
in the case of the benefits described in paragraph 19 (armed forces resettlement commutation and resettlement grants schemes) of the Schedule, a member of the armed forces, and
cc
in the case of the benefits described in paragraph 20 (the armed forces gratuity earnings scheme) of the Schedule —
i
a member of the armed forces, and
ii
after the death of a member of the armed forces, a member of his or her family or the personal representatives of the member of the armed forces, and
cd
in the case of the benefits described in paragraph 21 (independent inquest advice service) of the Schedule —
i
a member of the family of the armed forces member, or
ii
a brother or sister of the member of the armed forces.
.
Exclusions in respect of armed forces personnel
7
At the end of Part 3 of the Schedule (other benefits) insert —
Tuition fees for armed forces personnel
18
1
The payment of tuition fees for higher level learning and qualification level learning.
2
For the purposes of this paragraph —
“higher level learning” means full or part time study towards the achievement of a higher level learning qualification;
“higher level learning qualification” means a qualification at Level 3 or above on the Qualifications and Credit Framework or such other equivalent qualification in respect of which qualifying persons may claim tuition fees;
“qualification level learning” means a first qualification at Level 3 or above on the Qualifications and Credit Framework, a first vocational qualification which is the equivalent of the preceding qualification, a first undergraduate degree (including a foundation degree), a first Higher National Certificate, a first Higher National Diploma or such other equivalent qualifications in respect of which qualifying persons may claim tuition fees;
“the Qualifications and Credit Framework” is a national framework which accommodates qualifications and operates across England, Wales and Northern Ireland ;
“tuition fees” means the fees charged by the provider of a course of study leading to a higher level learning qualification or to qualification level learning and such fees may include registration, examination and accreditation fees.
Armed Forces Resettlement Commutation and Resettlement Grants Schemes
19
The provision of a lump sum in connection with resettlement commutation or resettlement grants of the description given in the Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes) ( No. 2) Order 2010 .
Armed Forces Gratuity Earnings Scheme
20
The provision of gratuity earnings of the description given in the Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes) (No. 2) Order 2010.
Independent Inquest Advice Service
21
The provision of independent inquest advice in connection with the death in service of a member of the armed forces.
.
Mike Eland
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
14th September 2011


text:
Citation and commencement
1
These Regulations may be cited as the Motor Cycles Etc. (Replacement of Catalytic Converters) and Motor Vehicles (Replacement of Catalytic Converters and Pollution Control Devices) (Amendment) Regulations 2011 and come into force on 5th September 2011.
Amendments to Regulations
2
1
Regulation 6 of the Motor Cycles Etc. (Replacement of Catalytic Converters) Regulations 2009 and regulation 9 of the Motor Vehicles (Replacement of Catalytic Converters and Pollution Control Devices) Regulations 2009 are both amended as follows.
2
After paragraph (4) insert —
4A
Paragraph (4) does not apply to proceedings in Scotland.
.
3
In paragraph (5), for “But nothing”, substitute “Nothing”.
Signed by authority of the Secretary of State
Norman Baker
Parliamentary Under Secretary of State
Department for Transport
25th July 2011


text:
Citation, commencement and interpretation
1
This Order may be cited as the Immigration (Guernsey) Order 2011 and shall come into force seven days after the day on which it is registered by the Royal Court of Guernsey .
2
In this Order —
“the 1971 Act ” means the Immigration Act 1971 ;
“the 1999 Act ” means the Immigration and Asylum Act 1999; and
“Guernsey” means the Bailiwick of Guernsey.
3
For the purposes of construing provisions of the 1971 Act as part of the law of Guernsey, any reference to an enactment which extends to Guernsey shall be construed as a reference to that enactment as it has effect in Guernsey.
Extension and modification
4
Sections 31, 32, 34 and 39 of the Immigration, Asylum and Nationality Act 2006 shall extend to Guernsey subject to the exceptions and modifications specified in the right-hand column of Schedule 1.
5
Section 166 of the 1999 Act shall extend to Guernsey subject to the exceptions and modifications specified in the right-hand column of Schedule 2.
6
Section 18 of the 1999 Act shall be modified in its extension to Guernsey as specified in Schedule 3.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Whole of Government Accounts (Designation of Bodies) Order 2011 and shall come into force on 4th June 2011.
Designation
2
The bodies listed in the Schedule to this Order are designated in respect of the financial year ending on 31st March 2011 for the purposes of section 10 of the Government Resources and Accounts Act 2000.
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
12th May 2011


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Registered Pension Schemes (Prescribed Requirements of Flexible Drawdown Declaration) Regulations 2011 and come into force on 11th August 2011.
2
These Regulations have effect for the tax year 2011-12 and subsequent years.
Prescribed requirements of valid declaration
2
1
Paragraphs (2) and (3) of this regulation provide for the prescribed requirements of a valid declaration made under sections 165(3A)(b) or 167(2A)(b) of the Finance Act 2004.
2
The declaration must be signed and dated by the member or dependant (“the member”) and contain —
a
the information specified in paragraph (3);
b
a statement confirming that the flexible drawdown conditions are met;
c
a statement confirming that the contents of the declaration are correct and complete to the best of the member’s knowledge and belief, and
d
(where sections 165(3A) or 167(2A) have previously applied to an arrangement relating to the member), a statement confirming that the declaration referred to in either of those subsections, was accepted by the scheme administrator of the registered pension scheme under which the arrangement was made.
3
The specified information is —
a
the member’s full name;
b
the member’s sole or main address;
c
the member’s national insurance number (unless regulation 3 applies);
d
details of each source of relevant income payable to the member for the tax year in respect of which the minimum income requirement is satisfied (“the declaration year”), including the name and address of the person responsible for making the payments of the relevant income; and
e
the total amount of relevant income payable in respect of the source referred to in paragraph (d) for the declaration year.
Procedure where the member does not qualify for a national insurance number
3
1
This paragraph applies where a member does not qualify for a national insurance number and wishes to make a valid declaration under sections 165(3A)(b) or 167(2A)(b) of the Finance Act 2004.
2
The member must provide written confirmation to the scheme administrator that the member does not qualify for a national insurance number together with details of any unique tax references relating to the member (if available).
3
The scheme administrator must then provide Her Majesty’s Revenue and Customs with the information referred to in paragraph (2) which has been received from the member together with the member’s date of birth and address.
Melanie Dawes
Dave Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
20th July 2011


text:
Citation and commencement
1
This Order may be cited as the Referendum on the Voting System (Welsh Forms) Order 2011 and comes into force seven days after the day on which it is laid before Parliament.
Interpretation
2
In this Order–
a
“the 2011 Act ” means the Parliamentary Voting System and Constituencies Act 2011 ;
b
“the referendum” means the referendum on the voting system for parliamentary elections provided for in Part 1 of the 2011 Act;
c
a reference to a numbered rule is a reference to the rule of that number contained in the referendum rules in Schedule 2 to the 2011 Act and a reference to a numbered Schedule is to the Schedule bearing that number in that Act.
Welsh version of prescribed forms or forms of words
3
Each of the forms or forms of words set out in Schedule 1 to this Order is prescribed as the Welsh version which may be used in Wales at the referendum in place of —
a
in the case of form 1, the form prescribed by rule 21(4)(b);
b
in the case of form 2, the form prescribed by rule 31(5)(a);
c
in the case of form 3, the form prescribed by paragraph 27(2) of Part 1 of Schedule 6;
d
in the case of form 4, the form prescribed by paragraph 34(1) of Part 1 of Schedule 6;
e
in the case of form 5, the form of words prescribed by rule 24(1).
Welsh and English versions of prescribed forms
4
Each of the forms set out in Schedule 2 to this Order is prescribed as the version partly in Welsh and partly in English which must be used in Wales at the referendum in place of —
a
in the case of form 1, the form of the ballot paper prescribed by rule 5(1);
b
in the case of form 2, the form prescribed by rule 6(2);
c
in the case of form 3, the form prescribed by rule 12(1)(b);
d
in the case of form 4, the form prescribed by rule 15(5)(a);
e
in the case of form 5, the form prescribed by rule 15(5)(b);
f
in the case of form 6, the form prescribed by rule 15(5)(c);
g
in the case of form 7, the form prescribed by rule 15(5)(d);
h
in the case of form 8, the form prescribed by rule 17(3);
i
in the case of form 9, the form prescribed by rule 17(6);
j
in the case of form 10, the form prescribed by paragraphs 7(3) and 8(4) of Part 1 of Schedule 6;
k
in the case of form 11, the form prescribed by paragraph 10(3) of Part 1 of Schedule 6;
l
in the case of form 12, the form prescribed by paragraph 11(2) of Part 1 of Schedule 6;
m
in the case of form 13, the form prescribed by paragraph 11(4) of Part 1 of Schedule 6;
n
in the case of form 14, the form prescribed by paragraph 19(1) of Part 1 of Schedule 6;
o
in the case of form 15, the form prescribed by paragraph 21(1) of Part 1 of Schedule 6;
p
in the case of form 16, the form prescribed by paragraph 22(1) of Part 1 of Schedule 6;
q
in the case of form 17, the form prescribed by paragraph 31(1)(b) of Schedule 3 to the National Assembly for Wales (Representation of the People) Order 2007 as modified by paragraph 59 of Part 2 of Schedule 6.
Mark Harper
Parliamentary Secretary (Minister for Political and Constitutional Reform)
Cabinet Office
18th March 2011


text:
Citation, commencement, extent and application
1
1
This Order may be cited as the Housing and Regeneration Act 2008 (Consequential Amendments to the Mobile Homes Act 1983) Order 2011 and comes into force on 30th April 2011.
2
This Order extends to England and Wales only.
3
The amendments made by this Order do not apply in relation to any agreement to which the Mobile Homes Act 1983 (“the 1983 Act ”) applies before the coming into force of section 318 of the Housing and Regeneration Act 2008.
Consequential amendments
2
1
The 1983 Act is amended as follows.
2
In section 1 (particulars of agreements) after subsection (8) insert —
8A
Subsections (3), (4) and (6) do not apply in relation to a person occupying or proposing to occupy a transit pitch in England on a local authority gypsy and traveller site or a county council gypsy and traveller site and in such cases, the reference in subsection (5) to subsections (2) to (4) is to be treated as a reference to subsection (2).
8B
In subsection (8A) “county council gypsy and traveller site”, “local authority gypsy and traveller site” and “transit pitch” all have the same meanings as in paragraph 1(4) of Chapter 1 of Part 1 of Schedule 1 to this Act.
.
3
In section 2 (terms of agreements) after subsection (5) insert —
6
Subsections (2) to (4) do not apply in relation to a person occupying or proposing to occupy a transit pitch in England on a local authority gypsy and traveller site or a county council gypsy and traveller site.
7
In subsection (6) “county council gypsy and traveller site”, “local authority gypsy and traveller site” and “transit pitch” all have the same meanings as in paragraph 1(4) of Chapter 1 of Part 1 of Schedule 1 to this Act.
Signed by authority of the Secretary of State for Communities and Local Government
Grant Shapps
Minister of State
Department for Communities and Local Government
4th April 2011


text:
Citation and commencement
1
These Regulations may be cited as the Air Navigation (Dangerous Goods) (Amendment) (No. 2) Regulations 2011 and come into force on 10th June 2011.
Amendment of Regulations
2
The Air Navigation (Dangerous Goods) Regulations 2002 are amended by substituting for the definition of “Technical Instructions” in regulation 3(1) —
“Technical Instructions” means the 2011-2012 English language edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air, approved and published by decision of the Council of the International Civil Aviation Organisation ;
.
Revocation
3
The Air Navigation (Dangerous Goods) (Amendment) Regulations 2011 are revoked.
Signed by authority of the Secretary of State for Transport
Theresa Villiers
Minister of State
Department for Transport
7th June 2011


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Civil Contingencies Act 2004 (Contingency Planning) (Amendment) Regulations 2011.
2
These Regulations come into force on 1st April 2011.
3
In these Regulations “the Principal Regulations ” means the Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005 .
Amendment of the Principal Regulations
4
The Principal Regulations are amended in accordance with regulations 5, 6 and 7.
5
1
Regulation 3 (interpretation) is amended as follows.
2
In paragraph (1) —
a
in the definition of “local resilience area” for paragraphs (a) and (b) substitute —
b
in so far as the responder has functions which are exercisable in relation to a London borough or the City of London, London;
;
b
after the definition of “local resilience forum” insert —
“London” means the area comprising the areas of the London boroughs and the City of London;
.
6
1
Regulation 55 (role of London Fire and Emergency Planning Authority) is amended as follows.
2
In paragraph (1) omit sub-paragraph (a).
Transitional Provision
7
Where, prior to 1st April 2011, general Category 1 responders which have functions exercisable in London have co-operated to maintain a community risk register for any part of London in accordance with regulation 15(1) of the Principal Regulations, the maintenance of such a community risk register shall be taken to discharge the duty imposed on such general Category 1 responders under that regulation after the coming into force of these Regulations until such time as they co-operate with each other to maintain a community risk register for the whole of London or 1st April 2012, whichever is the earlier.
Revocation
8
The Schedule to the Principal Regulations is revoked.
Francis Maude
Minister for the Cabinet Office
3rd March 2011