text:
Title, commencement and application
1
These Regulations —
a
may be cited as the Hill Farm Allowance Regulations 2009;
b
come into force on 24th February 2009;
c
apply only in relation to holdings situated wholly or partly in England.
Interpretation
2
In these Regulations —
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the use of land for other agricultural purposes;
“breeding cow” means a suckler cow or a heifer;
“claim” means a claim for hill farm allowance made in a single payment scheme application;
“claimant” means a person who has made a claim;
“claimed forage area” means land included as forage land in a single payment scheme application or related less favoured area allowance application;
“Commission Regulation 1973/2004” means Commission Regulation ( EC ) No 1973/2004 laying down detailed rules for the application of Council Regulation (EC) No 1782/2003 as regards the support schemes provided for in Titles IV and IVa of that Regulation and the use of land set aside for the production of raw materials ;
“common land” means land registered as common land with grazing rights under the Commons Registration Act 1965 or the Commons Act 2006 ;
“Council Regulation 1257/1999” means Council Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund ( EAGGF ) and amending and repealing certain Regulations ;
“Council Regulation 1698/2005” means Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development ( EAFRD ) ;
“Council Regulation 1782/2003” means Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending certain Regulations ;
“disadvantaged land” (except in the expression “severely disadvantaged land”) means any area of land shown coloured blue on the England LFA maps;
“eligible forage area” means such part of the qualifying forage area that is severely disadvantaged land;
“the England LFA maps” means the three volumes of maps numbered 1 to 3, each volume being marked “Volume of maps of less-favoured farming areas in England”, dated 20th May 1991, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Department for Environment, Food and Rural Affairs at Ergon House, Horseferry Road, London, SW1P 2AL;
“ewe” means a female sheep which was at least one year old on 1st January 2009, or had lambed by that date;
“forage area” has the same meaning as in Article 131(2)(b) of Council Regulation 1782/2003;
“heifer” means a female bovine animal aged 8 months or over which has not yet calved;
“hill farm allowance” means the compensatory allowance payable in accordance with these Regulations, Article 36(a)(ii) of Council Regulation 1698/2005 and Chapter V of Title II of Council Regulation 1257/1999;
“holding” has the same meaning as in Article 2(b) of Council Regulation 1782/2003;
“individual reference quantity of milk” has the same meaning as in Article 117(2) of Commission Regulation 1973/2004;
“less favoured area” means any area of land shown coloured blue or pink on the England LFA maps;
“livestock unit” means a unit of measurement of livestock numbers, and each of the following constitutes a single livestock unit —
one suckler cow;
one heifer aged 24 months or over;
1.67 heifers under the age of 24 months; and
6.67 ewes;
“moorland” means all the land shown coloured pink in the three volumes of maps entitled “Moorland Map of England 2007”, each volume being marked with the number of the volume, dated 7th October 2007, signed on behalf of the Secretary of State for Environment, Food and Rural Affairs and deposited at the offices of the Department for Environment, Food and Rural Affairs at Ergon House, Horseferry Road, London, SW1P 2AL;
“notional livestock density” means the number of livestock units per hectare of the claimant’s disadvantaged land and severely disadvantaged land, calculated in accordance with Schedule 1;
“other competent authority” means the Scottish Ministers, the Welsh Ministers or, in Northern Ireland, the Department of Agriculture and Rural Development;
“permanent pasture” means non-rotational land used for grass production (sown or natural) on a permanent basis (five years or longer) excluding land set aside under Article 6 of Council Regulation (EC) No 1251/1999 establishing a support system for producers of certain arable crops and Article 54 of Council Regulation 1782/2003;
“qualifying forage area” means the claimed forage area or, where regulation 6 applies, such part of that area as remains following deductions made to it in accordance with that regulation;
“related less favoured area allowance” means a compensatory allowance payable in relation to land situated in Northern Ireland, Scotland or Wales in accordance with Article 36(a)(i) or (ii) of Council Regulation 1698/2005 or Chapter V of Title II of Council Regulation 1257/1999;
“relevant animals” means, in relation to a claimant, the breeding cows and ewes determined as relevant animals in accordance with Schedule 5;
“severely disadvantaged land” means any area of land shown coloured pink on the England LFA maps;
“single payment scheme” means the support scheme established under Title III of Council Regulation 1782/2003;
“single payment scheme application” means an application to the single payment scheme submitted in 2008 in accordance with Article 34 of Council Regulation 1782/2003 and Title II of Part II of Commission Regulation (EC) No 796/2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulation 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers ;
“suckler cow” has the same meaning as in Article 122(d) of Council Regulation 1782/2003.
Payment of hill farm allowance
3
1
The Secretary of State must pay hill farm allowance for 2009 to a claimant who is eligible under regulation 4.
2
The Secretary of State must only pay such allowance in respect of eligible forage area that does not exceed 700 hectares.
Eligibility for hill farm allowance
4
1
A claimant who satisfies the conditions in paragraph (2) is eligible for hill farm allowance.
2
The conditions are that —
a
the claim relates to at least —
i
ten hectares of severely disadvantaged land in England, or
ii
one hectare of severely disadvantaged land in England, where the claimant is eligible for a related less favoured area allowance in another part of the United Kingdom;
b
the land referred to in sub-paragraph (a) —
i
was available to be grazed or have a forage crop taken from it for a continuous period of seven months, starting on any date from 1st January 2008 to 31st March 2008 inclusive, and
ii
during that seven-month period, was available to the claimant to be grazed or have a forage crop taken from it for a period, or periods in total, of at least four months; and
c
the notional livestock density is not less than 0.15 (unless paragraph (5) applies).
3
But a claimant who is in breach of the agricultural undertaking is not eligible for hill farm allowance, unless the Secretary of State considers it reasonable in all the circumstances that the breach should not affect the claimant’s eligibility.
4
For the purposes of paragraph (3), a claimant who ceases to farm does not breach that undertaking provided that at least ten hectares of the land in respect of which the undertaking was given continue to be used for the purposes of agriculture.
5
The Secretary of State may determine that a notional livestock density of less than 0.15 is sufficient given the circumstances of any particular case or group of cases.
6
A claimant must provide such information as the Secretary of State reasonably requires to enable such a determination to be made.
7
The Secretary of State must notify the claimant of any such determination in writing or, where the determination is made in relation to more than one case, publish that determination in such way as the Secretary of State thinks fit.
8
For the purposes of paragraph (2)(b), land is available to be used for grazing or to have a forage crop taken from it if it is not so available only as a result of an agri-environment agreement.
9
In this regulation, “agri-environment agreement” means —
a
an agreement made as part of a scheme made under Article 39 of Council Regulation 1698/2005, or
b
such other agreement involving environmental commitments as the Secretary of State thinks fit.
10
In paragraph (3), the “agricultural undertaking” means the undertaking given by the claimant to pursue farming activity in a less favoured area for at least five years from the date of the first payment to that person in a claim made under these Regulations or any of the Hill Farm Allowance Regulations 2004 to 2008 .
11
This regulation and regulation 5 are subject to Article 51 of Council Regulation 1698/2005 (reduction or cancellation of payments).
Amount of payment
5
1
The Secretary of State must pay hill farm allowance at the rates specified in this regulation.
2
For the qualifying forage area of land specified in column 1 of the table in Schedule 2, the rate payable per hectare is that specified in —
a
column 2 of that table for the first 350 hectares, and
b
column 3 for the next 350 hectares.
3
The amount of any payment must be increased by 5% if either condition A or condition B is met, and by 10% if both those conditions are met.
4
Condition A is that at least one hectare or 5% (whichever is the smaller) of the claimant’s severely disadvantaged land —
a
is planted with arable crops in respect of which the claimant is not receiving any other financial support, and
b
was not converted from permanent pasture in or after 2003.
5
Condition B is that at least one hectare or 5% (whichever is the smaller) of the claimant’s severely disadvantaged land —
a
is planted with woodland in respect of which the claimant is not receiving any other financial support, and
b
was not converted from permanent pasture in or after 2003.
6
The Secretary of State may also increase the amount of any payment by up to 10% if the fund available for hill farm allowance is greater than anticipated by the Secretary of State because —
a
the amount of eligible forage area in respect of which such allowance is payable is smaller than anticipated, or
b
the budget allocation for the Rural Development Programme for England 2007-2013, or that part of that budget available for hill farm allowance, is or is likely to be greater than anticipated.
7
The Secretary of State may decrease it by up to 10% if that fund is smaller than anticipated by the Secretary of State because —
a
the amount of eligible forage area in respect of which such allowance is payable is greater than anticipated, or
b
the budget allocation for the Rural Development Programme for England 2007-2013, or that part of that budget available for hill farm allowance, is or is likely to be smaller than anticipated.
8
Any increase applied under paragraph (6) or decrease applied under paragraph (7) must be applied in respect of each claimant’s payment.
9
In paragraphs (4) and (5), “other financial support” does not include financial support from the single payment scheme.
10
The “Rural Development Programme for England 2007-2013” is the Programme for England approved by the European Commission on 7th December 2007 under Article 18(4) of Council Regulation 1698/2005.
Deductions from claimed forage area
6
Where an individual reference quantity of milk is available to a claimant, Schedule 3 (deductions from claimed forage area) has effect.
Holdings situated partly outside England
7
Schedule 4 (holdings situated partly outside England) has effect.
Huw Irranca-Davies
Parliamentary Under-Secretary
Department for Environment, Food and Rural Affairs
29th January 2009


type: legislation

jurisdiction: UK

text:
Citation and commencment
1
1
This Order may be cited as the Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2009.
2
This Order shall come into operation on the first day of January 2010.
Establishment of fees
2
The fees appearing in the Tables of the Schedule to this Order are established and are substituted for the fees appearing in the Tables of the Schedule to the Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2008 . The Tables of the Schedule to this Order contain particulars of the fees which are to be received, after the commencement of this Article —
1
by the ecclesiastical judges and legal officers named in that Schedule in respect of carrying out by them of the duties of their offices specified in that Schedule; and
2
by diocesan boards of finance in respect of the matters specified in Part II of Table I of that Schedule.
Revocation of 2008 Order
3
The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2008 is hereby revoked.
Supplementary annual fee
4
1
Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to the annual fee or fees prescribed by Order made under the Ecclesiastical Fees Measure 1986.
2
An agreement made under sub-paragraph (1) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
3
An agreement made under sub-paragraph (1) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less than three months’ notice on either side.
4
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
Travel, subsistence, accommodation and court hearings
5
A fee specified in the Schedule to this Order (other than a fee specified in Part II of Table I of that Schedule) shall be increased by a sum for reasonable expenses of travel, subsistence, accommodation and the holding of court hearings.
Value Added Tax
6
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order there shall be payable in addition to that fee the amount of the Value Added Tax.
A Rutherford
G F Tattersall
A R Hargreaves-Smith
A Britton
T E H Walker
T E Allen
David Williams
Clerk to the Synod
Church House, London
Approved by the General Synod on 10th July 2009


text:
PART 1
General
Title, commencement and application
1
These Regulations —
a
may be cited as the Eels (England and Wales) Regulations 2009;
b
come into force on 15th January 2010;
c
apply in England and Wales;
d
do not apply to so much of the River Tweed as is situated within the Tweed District as defined by the Scotland Act 1998 (River Tweed) Order 2006 .
Interpretation
2
In these Regulations —
“the Agency” means the Environment Agency;
“appointed person” has the meaning given in paragraph 2 of the Schedule;
“dam” means any structure designed to confine, direct, or control water and includes weirs;
“diversion structure” means any conduit or channel by which water is abstracted from its usual channel or bed or from the sea, or by which water is returned to that (or another) channel, bed or sea;
“eels” means any fish of the species Anguilla anguilla, and includes elvers and glass eels;
“eel pass” means any device, opening or structure that allows the passage of eels around, over or through any dam or obstruction;
“eel screen” means any device, moving or stationary, that is designed to impede the passage of eels through a diversion structure;
“England” includes the territorial sea adjacent to England not forming any part of Wales;
“fish pass” means any device, opening or structure that facilitates the passage of fish around, over or through any dam or obstruction;
“obstruction” means anything (whether natural or artificial) in or near waters that impedes, or is likely to impede, the passage of eels through those waters;
“Wales” has the same meaning as in section 158 of the Government of Wales Act 2006 .
PART 2
Records and restocking
Eel catch returns
3
1
This regulation applies in relation to any person who, having been granted any licence or other authorisation to fish for eels with any instrument other than rod and line, is required to submit an eel catch return .
2
A person completing an eel catch return must record —
a
the total weight of eels caught of 12 centimetres or less in length;
b
the total weight of those eels retained but dead;
c
the total weight of those eels retained alive;
d
the dates on which the eels were caught;
e
the locations where the eels were caught;
f
the destination of retained eels.
3
Failure to comply with paragraph (2) is an offence.
Records
4
1
An aquaculture production business operator must keep a record, in such form and manner as the Agency may specify, of —
a
any eels of 12 centimetres or less received at their aquaculture production business;
b
the name and fishing licence identification number of the person who caught the eels;
c
the destination of any such eels sold.
2
The aquaculture production business operator must provide the Agency with a copy of the record at such intervals as the Agency may specify and must allow the Agency to inspect the record at any reasonable time.
3
Failure to comply with paragraph (1) or (2) is an offence.
Imports
5
1
Any person who imports live eels into England or Wales must —
a
record the name of the aquaculture production business (if any) from which the eels were obtained;
b
where the eels were obtained directly from the person who caught them, record the name and fishing licence identification number of that person and the eel river basin in which the eels were caught; and
c
prepare, sign and date a certificate to that effect.
2
Failure to comply with paragraph (1) is an offence.
Exports
6
1
Any person who exports live eels from England or Wales must —
a
record where and the date on which the eels were obtained, including the name of the aquaculture production business, the food business or the eel river basin in which the eels were caught (as the case may be) and, in the case of eels obtained from an eel river basin, the name and fishing licence identification number of the person who caught the eels;
b
be satisfied that eels obtained from an eel river basin are caught in a manner consistent with the eel management plan prepared for that eel river basin; and
c
prepare, sign and date a certificate to that effect.
2
For the purposes of this regulation an eel management plan is a plan marked as such , dated October 2009 and deposited at the offices of the Secretary of State for Environment, Food and Rural Affairs, Nobel House, 17 Smith Square, London SW1P 3JR.
3
Failure to comply with paragraph (1) is an offence.
Duties on consignees
7
1
A person must not accept a consignment of eels unless it is accompanied by —
a
a certificate prepared under regulation 5 or 6;
b
where eels have been added to the consignment, a copy of the certificate accompanying the other consignment.
2
The consignee must retain all certificates for 12 months from the date of the certificates and allow the Agency to inspect the certificates at any reasonable time.
3
Failure to comply with paragraph (1) or (2) is an offence.
Restocking
8
1
The Agency may, by service of a notice, require an aquaculture production business operator to place on the market, for use in the restocking of eel river basins, eels of 12 centimetres or less held by the business.
2
A notice must specify —
a
the amount of eels to be offered for restocking in accordance with the formula —
A
=
X
n
T
v
V
−
R
Where —
A is the amount of eels of 12 centimetres or less to be placed on the market for restocking;
R is the amount of eels of 12 centimetres or less restocked so far by or under the direction of the Agency into eel river basins in the year the notice is issued;
T is the amount of eels of 12 centimetres or less recorded in eel catch returns referred to in regulation 3 and submitted to the Agency in the year preceding the year in which the notice is issued;
v is the amount of eels of 12 centimetres or less recorded so far under regulation 4 by the aquaculture production business in the year the notice is issued;
V is the total amount of eels of 12 centimetres or less recorded so far under regulation 4 by all aquaculture production businesses in the year the notice is issued; and
X n
is 0.35 when n is the year 2010, 0.40 when n is the year 2011, 0.50 when n is the year 2012 and 0.60 when n is the year 2013 or later;
b
the period during which the eels are to be placed on the market.
3
Any person who purchases eels placed on the market under paragraph (1) must make a declaration to the effect that the eels will be used for restocking in an eel river basin within 6 months from the date of the declaration.
4
Failure to comply with a notice served under paragraph (1) or to make a declaration under paragraph (3) is an offence.
5
A person who fails to restock in accordance with a declaration made under paragraph (3) commits an offence.
Interpretation
9
In this Part —
“aquaculture production business” and “aquaculture production business operator” have the same meaning as in Council Directive 2006/88/ EC
on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals;
“eel river basin” is a river basin that has been identified as a natural habitat for eels in accordance with Article 2(1) of Council Regulation
(EC) No 1100/2007
establishing measures for the recovery of the stock of European eel.
PART 3
Eel Licences
Close season
10
1
Notwithstanding section 25 of the Salmon and Freshwater Fisheries Act 1975 , a person who fishes for eels by means other than rod and line during the close season commits an offence.
2
But this regulation does not apply to a person to the extent that they are acting —
a
for some scientific or fisheries management purpose;
b
with the written authority of the Agency; and
c
in accordance with any conditions imposed by the Agency in relation to that authority.
3
For the purposes of this regulation, the close season is —
a
for eels of 12 centimetres or less in length, the period beginning on 26th May 2010 and ending on 14th February 2011; and
b
for all other eels, the period beginning on 1st October 2010 and ending on 31st March 2011.
Reduction of fishing effort
11
1
This regulation applies where the Agency determines that a reduction in the fishing effort for eels is required in order to comply with Article 5(4) of Council Regulation
(EC) No 1100/2007
.
2
Notwithstanding section 25 of the Salmon and Freshwater Fisheries Act 1975, the Agency may, by service of a notice, revoke any licence to fish for eels by means other than rod and line granted for the period beginning on 1st January 2010 and ending on 31st December 2010.
PART 4
Passage of eels
Construction, alteration etc of obstruction
12
1
This regulation applies to —
a
the construction of a new dam;
b
alterations or maintenance made to an existing dam that are likely to affect the passage of eels around, over or through the dam;
c
the construction or maintenance of a structure in or near waters that amounts to, or is likely to amount to, an obstruction.
2
Any person who constructs, alters or maintains a dam or structure must first notify the Agency.
3
An application for, or variation of, a licence to abstract water or for impounding works under section 24 or 25 of the Water Resources Act 1991 is deemed to be notification for the purposes of this regulation.
4
Failure to comply with paragraph (2) is an offence.
Reporting an obstruction
13
1
A responsible person must immediately notify the Agency of any obstruction occurring since the coming into force of these Regulations.
2
Failure to comply with paragraph (1) is an offence.
Eel passes
14
1
This regulation applies where the Agency determines that the passage of eels is impeded or likely to be impeded by —
a
a dam or obstruction in or near waters to which these Regulations apply;
b
any works notified to the Agency under regulation 12; or
c
any obstruction notified to the Agency under regulation 13.
2
The Agency may, by service of a notice, require a responsible person, at their own cost, to —
a
construct an eel pass;
b
make alterations to an existing eel or fish pass;
c
operate an existing eel pass in accordance with any conditions stated in the notice;
d
remove an obstruction; or
e
take any other action specified in the notice.
3
The notice —
a
may not require anything that interferes with any statutory right of navigation;
b
may require the responsible person to submit plans for an eel pass or for alterations to an existing eel pass or fish pass to the Agency for approval;
c
must give the date by which such plans must be submitted;
d
may require the construction of an eel pass, or alterations to an existing eel or fish pass, to be carried out in accordance with plans approved by the Agency.
4
The Agency may, by service of a further notice, require the responsible person —
a
to operate any eel pass constructed or altered, or any fish pass altered, under this regulation in accordance with any conditions stated in the notice;
b
to make any alterations to an eel pass constructed or altered or to any fish pass altered under this regulation.
5
Failure to comply with a notice served under paragraph (2) or (4) is an offence.
Maintenance and repair of eel pass
15
1
A responsible person must, at their own cost, maintain an eel pass in an efficient state.
2
Failure to comply with paragraph (1) is an offence.
Damaging or obstructing eel pass
16
1
A person must not damage, interfere with, obstruct or do anything that impedes the passage of eels through an eel pass.
2
Failure to comply with paragraph (1) is an offence.
Eel screens
17
1
This regulation applies to —
a
any diversion structure capable of abstracting at least 20 cubic metres of water through any one point in any 24-hour period; and
b
any diversion structure returning water to a channel, bed or sea.
2
Before 1st January 2015, the Agency may, by service of a notice, require a responsible person to place an eel screen in a diversion structure.
3
The notice may specify the dimensions and type of screen and where it is to be placed in the diversion structure.
4
On or after 1st January 2015, a responsible person must ensure an eel screen is placed in a diversion structure.
5
The Agency may, by service of a notice —
a
exempt the responsible person from the requirement in paragraph (4); or
b
require the responsible person, at their own cost, to alter the dimensions (including mesh size) and the placement of any screen placed under paragraph (4) to those specified in the notice.
6
It is an offence to fail to comply with —
a
a notice served under paragraph (2) or (5)(b); or
b
paragraph (4).
By-wash
18
1
This regulation applies where an eel screen placed in accordance with regulation 17 is located at a point in the diversion structure other than at the entrance to the conduit or channel by which the water is abstracted.
2
A responsible person must provide a continuous by-wash immediately upstream from the eel screen which allows eels to return by as direct route as practicable to the waters from which they entered the diversion structure.
3
Failure to comply with paragraph (2) is an offence.
Eel screens and by-wash
19
1
A responsible person must ensure that an eel screen or by-wash —
a
does not interfere with any statutory right of navigation;
b
is constructed and located, so far as reasonably practicable, so that eels are not injured or damaged by it;
c
is maintained in an efficient state.
2
A person must not damage or interfere with an eel screen or do anything that impedes the free passage of eels through a by-wash.
3
Failure to comply with paragraph (1) or (2) is an offence.
Action by the Agency
20
1
Any action required under this Part may be carried out by the Agency instead of the responsible person —
a
in an emergency;
b
if the responsible person cannot be ascertained; or
c
if the responsible person fails to comply with a notice.
2
The responsible person is liable for any reasonable costs incurred by the Agency in taking any action under this regulation.
Abstraction and impounding works licences
21
1
Notwithstanding sections 24 and 25 of the Water Resources Act 1991, any action required by the Agency under this Part does not constitute an abstraction or impounding works for the purposes of that Act.
2
A notice served under this Part may disapply any condition relating to the passage of eels in an abstraction or impounding works licence granted under that Act.
Interpretation
22
In this Part a “responsible person” in relation to a dam, diversion structure or obstruction means the owner, occupier or person in charge of the land on which the dam, structure or obstruction lies.
PART 5
Notices and appeals
Notices
23
1
A notice served under these Regulations must —
a
be in writing;
b
describe the action required;
c
give reasons for the action required;
d
specify the date by which the action must be taken or any designation will take effect; and
e
except for a notice served under regulation 8 or 11, inform the person on whom the notice is served of the right of appeal under regulation 25.
2
A notice may be amended, suspended or revoked, by service of a further notice, at any time.
Service of notices
24
1
A notice served under these Regulations may be served on a person by —
a
delivering it to the person;
b
leaving it at the person’s proper address; or
c
sending it by post or electronic means to that person’s address.
2
Where the person on whom a notice is served is a body corporate, the notice is duly served if it is served on the secretary or clerk of that body.
3
For the purposes of this regulation and section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this regulation, the proper address of any person to whom a notice is to be given is —
a
if the person has given an address for service, that address; and
b
if no address has been given —
i
in the case of the secretary or clerk of a body corporate, the registered or principal office of that body;
ii
in any other case, the person’s last known address at the time of service.
4
If the notice is transmitted electronically, it is to be treated as duly served if —
a
the person upon whom the notice is required or authorised to be served (“the recipient”) has indicated to the person serving the notice the recipient’s willingness to receive notices transmitted by electronic means and has provided an address suitable for that purpose; and
b
the notice is sent to the address provided.
Appeals
25
1
A person must notify the Secretary of State in England and Welsh Ministers in Wales (“the appropriate authority”) of an intention to appeal against a notice served under regulation 14(2) or (4), 17(2) or (5)(b).
2
Notice of appeal must be served —
a
within 56 days of the date of a notice served under regulation 17(2) or (5)(b); or
b
within 28 days of the date of a notice served under regulation 14(2) or (4).
3
The time limit may be extended by the appropriate authority.
4
Procedures for the appeal are set out in the Schedule.
5
The appointed person may confirm, amend or quash the notice, and must give written notification of the final decision and the reasons for it, and may, if appropriate, add further requirements necessitated by the lapse of time since the notice was served.
6
A notice need not be complied with pending determination of an appeal unless the appropriate authority directs otherwise.
7
The appellant may withdraw an appeal by notifying the appropriate authority and any person appointed to deal with the appeal.
PART 6
Enforcement and penalties
Entry and inspection of land etc
26
1
Any person designated in writing by the Agency to enforce these Regulations —
a
may enter and inspect any land, premises, dam, diversion structure, eel pass, fish pass or obstruction at any reasonable time for the purposes of administering and enforcing these Regulations;
b
may be accompanied by any person, equipment or vehicle as that person considers necessary;
c
may not enter any premises which are a dwelling unless a justice of the peace has issued a warrant authorising them to do so.
2
A justice of the peace may only issue such a warrant if satisfied that there is good reason to believe that the person designated under paragraph (1) will not be able to enforce these Regulations without the warrant.
3
A warrant issued under paragraph (2) remains in force —
a
for one month; or
b
until the purpose for which it is issued has been fulfilled,
whichever is the sooner.
4
A person designated by the Agency under paragraph (1) may require any person —
a
to produce any document or record that is in that person’s possession or control;
b
to render any such document or record on a computer system into a visible and legible form, including requiring it to be produced in a form in which it may be taken away.
Obstruction
27
It is an offence —
a
intentionally to obstruct any person acting in the execution of these Regulations;
b
to fail without reasonable cause to give to such person any assistance or information which that person may reasonably require for the purposes of that person’s functions under these Regulations; or
c
knowingly or recklessly to give false or misleading information to such person.
Penalties
28
1
A person guilty of an offence under these Regulations is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to a fine.
2
If an offence under these Regulations committed by a body corporate is shown —
a
to have been committed with the consent or connivance of an officer; or
b
to be attributable to any neglect on that person’s part,
the officer as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.
3
If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with their functions of management as if they were a director of the body.
4
“Officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
Huw Irranca-Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
12th December 2009
Elin Jones
Minister for Rural Affairs, one of the Welsh Ministers
14th December 2009


text:
Citation and commencement
1
This Order may be cited as the Armed Forces (Conditional Release from Custody) Order 2009 and shall come into force on 31st October 2009.
Interpretation
2
1
In this Order —
“the 1955 Acts ” means the Army Act 1955 and the Air Force Act 1955 ;
“the 1957 Act ” means the Naval Discipline Act 1957 ;
“the 1994 Act ” means the Criminal Justice and Public Order Act 1994 ;
“the 2006 Act ” means the Armed Forces Act 2006 ;
“bail” means release from custody subject to conditions, and “released on bail” and other cognate expressions shall be construed accordingly;
“child” means a person under the age of fourteen;
“court administration officer” means the officer appointed under section 363(2) of the 2006 Act;
“court-martial” means a court-martial constituted under either of the 1955 Acts or the 1957 Act;
“custodian” means the governor, keeper or commandant of the prison or other place of detention in which the person to be granted bail is detained;
“Director of Service Prosecutions” means the person appointed under section 364 of the 2006 Act;
“judge advocate” has the same meaning as in section 362 of the 2006 Act;
“surrender to custody” means, in relation to a person who has been granted bail, surrendering himself to the custody of a court or person (according to the requirements of the grant of bail) at the time and place for the time being appointed for him to do so;
“vary”, in relation to bail, means imposing further conditions after bail is granted, or varying or rescinding conditions; and
“young person” means (except in article 4) a person who has attained the age of fourteen but is under the age of seventeen.
Grant of bail by a judge advocate
3
1
This article applies to the grant of bail to a person pending —
a
in the case of a person sentenced by the Summary Appeal Court, the determination of an appeal to the High Court under section 149(2) of the 2006 Act; or
b
in the case of a person sentenced by the Service Civilian Court, the determination of an appeal to the Court Martial.
2
Subject to article 4, a judge advocate may, if he thinks fit —
a
grant an appellant bail pending the determination of his appeal;
b
revoke bail granted to an appellant in the exercise of the power conferred by sub-paragraph (a); or
c
vary conditions of bail granted to an appellant in the exercise of the power conferred by sub-paragraph (a).
3
The powers conferred by paragraph (2) may be exercised —
a
on the application of the appellant or, in the case of the powers conferred by paragraph (2)(b) and (c), of the Director of Service Prosecutions or a surety;
b
on a reference to a judge advocate by the court administration officer;
c
only within 28 days from —
i
the date of the conviction which is the subject of the appeal;
ii
in the case of appeal against sentence, the date on which the sentence was passed.
4
If a judge advocate grants an appellant bail under paragraph (2), he may direct him to appear at such time and at such place as the judge advocate may require.
5
It shall be a condition of any grant of bail to a person referred to in paragraph (1)(a) that, unless an application for a case to be stated has previously been served in accordance with rules made under section 151 of the Armed Forces Act 2006, such an application shall be so lodged within the period specified in the grant of bail.
6
It shall be a condition of any grant of bail to a person referred to in paragraph (1)(b) that, unless a notice of appeal has previously been lodged in accordance with rules made under section 163 of the Armed Forces Act 2006, such a notice shall be so lodged within the period specified in the grant of bail.
No bail for defendants convicted of certain offences after previous conviction of such offences
4
1
A person who in any proceedings has been convicted of an offence to which this article applies in circumstances to which it applies shall be granted bail under article 3 only if the judge advocate considering the grant of bail is satisfied that there are exceptional circumstances which justify it.
2
This article applies, subject to paragraph (3) —
a
to an offence under section 70 of either of the 1955 Acts or section 42 of the 1957 Act for which the corresponding civil offence within the meaning of those Acts is an offence specified in section 25(2) of the 1994 Act ; and
b
to an offence under section 42 of the 2006 Act for which the corresponding offence under the law of England and Wales, within the meaning of that section, is an offence specified in section 25(2) of the 1994 Act.
3
This article applies to a person convicted of any such offence only if he has been previously convicted —
a
by a court-martial or the Court Martial of any such offence, or
b
by or before a court in any part of the United Kingdom of an offence specified in section 25(2) of the 1994 Act or of culpable homicide, and
in the case of a relevant previous conviction, if he was then sentenced to imprisonment or, if he was then a child or young person, to long-term detention under any of the relevant enactments.
4
This article applies whether or not an appeal is pending against conviction or sentence.
5
In this article —
a
“conviction” includes —
i
a finding that a person is not guilty by reason of insanity,
ii
a finding under section 4A(3) of the Criminal Procedure (Insanity) Act 1964 or section 115B(2) of the 1955 Acts or section 62B(2) of the 1957 Act or section 167(2) of the 2006 Act (cases of unfitness to plead) that a person did the act or made the omission charged against him, and
iii
a conviction of an offence for which an order is made discharging the offender absolutely or conditionally,
and “convicted” shall be construed accordingly;
b
“relevant enactments” has the same meaning as in section 25(5) of the 1994 Act;
c
“relevant previous conviction” means a previous conviction for —
i
manslaughter;
ii
an offence under section 70 of either of the 1955 Acts or section 42 of the 1957 Act for which the corresponding civil offence, within the meaning of those Acts, is an offence of manslaughter;
iii
an offence under section 42 of the 2006 Act for which the corresponding offence under the law of England and Wales, within the meaning of that section, is an offence of manslaughter; or
iv
culpable homicide; and
d
“young person” means a person who has attained the age of fourteen but is under the age of eighteen.
Effect of bail on term of imprisonment or detention
5
1
The time during which an appellant is released on bail under this Order shall not count as time served by him as part of any relevant sentence to which he is subject for the time being.
2
In paragraph (1) “relevant sentence” means a sentence of imprisonment, of service detention within the meaning of the 2006 Act or of detention under either of the 1955 Acts or under the 1957 Act.
Applications
6
1
This article applies where a person referred to in article 3(3)(a) wants to make an application under article 3(3).
2
The person shall serve an application in the form set out as form 1 in the Schedule on the court administration officer and on each other person referred to in article 3(3)(a).
3
A judge advocate shall not decide the application without giving each other person referred to in article 3(3)(a) an opportunity to make representations, including representations about any condition or surety proposed by the applicant.
Conditions of bail - general provisions
7
1
A person granted bail under this Order shall be under a duty to surrender to custody, and that duty is enforceable in accordance with article 10.
2
No recognizance for his surrender to custody shall be taken from him.
3
Except as provided by this article —
a
no security for his surrender to custody shall be taken from him;
b
he shall not be required to provide a surety or sureties for his surrender to custody; and
c
no other requirement shall be imposed on him as a condition of bail.
4
He may be required, before release on bail, to —
a
provide a surety or sureties to secure his surrender to custody;
b
give (or have given on his behalf) security for his surrender to custody.
5
He may be required to comply, before release on bail or later, with such requirements as appear to the judge advocate to be necessary —
a
to secure that he surrenders to custody at an appointed time and place;
b
to secure that he does not commit an offence while on bail;
c
to secure that he does not obstruct the course of justice whether in relation to himself or any other person;
d
for his own protection or, if he is a child or young person, for his own welfare or in his own interests;
e
to secure that he makes himself available for the purpose of enabling inquiries or a report to be made to assist a court or judge advocate in dealing with him;
f
to secure that before the time appointed for him to surrender to custody, he attends an interview with a legal adviser.
6
If a parent or guardian of a child or young person consents to be surety for the child or young person for the purposes of this paragraph, the parent or guardian may be required to secure that the child or young person complies with any requirement imposed on him by virtue of paragraph (5) but —
a
no requirement shall be imposed on the parent or the guardian of a young person by virtue of this paragraph where it appears that the young person will attain the age of seventeen before the time to be appointed for him to surrender to custody; and
b
the parent or guardian shall not be required to secure compliance with any requirement to which his consent does not extend and shall not, in respect of those requirements to which his consent does extend, be bound in a greater sum than £50.
Bail - conditions and directions
8
1
This article applies where a judge advocate grants a person bail subject to any conditions that shall be met before the person is released.
2
The judge advocate may direct how such a condition shall be met.
3
The court administration officer shall serve a certificate in the form set out as form 2 in the Schedule recording the condition and any such direction on —
a
the person granted bail;
b
the custodian; and
c
any other person directly affected by any such direction.
4
A person directly affected by any such direction need not comply with it until the court administration officer serves that person with that certificate.
5
Unless the judge advocate otherwise directs, if the condition or any such direction requires someone to enter into a recognizance, the recognizance shall be —
a
in the form set out as form 3 in the Schedule and signed before —
i
a judge advocate;
ii
the custodian; or
iii
someone acting with the authority of a judge advocate or the custodian;
b
copied immediately to the person who enters into it;
c
served immediately by the judge advocate on the custodian, or by the custodian on the judge advocate as appropriate.
6
Unless the judge advocate otherwise directs, if the condition or direction requires someone to make a payment, surrender a document or take some other step —
a
that payment, document or step shall be made, surrendered or taken to or before —
i
a judge advocate;
ii
the custodian; or
iii
someone acting with the authority of a judge advocate or the custodian;
b
the judge advocate or the custodian, as appropriate, shall serve immediately on the other a statement that the payment, document or step has been made, surrendered or taken, as appropriate.
7
The custodian shall release the person where it appears that any condition ordered by the judge advocate has been met.
8
Any record required by article 9 shall be made by including in a file relating to the case in question —
a
any certificate served under paragraph (3); and
b
a copy of the record of the decision made.
Conditions of bail - supplementary provisions
9
1
Where a judge advocate —
a
grants bail under this Order,
b
appoints a time or place or a different time or place for a person granted bail under this Order to surrender to custody, or
c
varies any conditions of bail or imposes conditions in respect of bail under this Order,
he shall make a record of the decision in writing containing the particulars prescribed by paragraph (2) and, if requested to do so by the person in relation to whom the decision was taken, shall cause him to be given a copy of the record of the decision as soon as practicable after the record is made.
2
The record required by paragraph (1) shall be made by way of an entry in a file relating to the case in question and the record shall include the following particulars, namely —
a
the effect of the decision;
b
a statement of any condition imposed in respect of bail, indicating whether it is to be complied with before or after release on bail; and
c
where conditions of bail are varied, a statement of the conditions as varied.
3
Where a person has given security in pursuance of article 7(4)(b), and a judge advocate is satisfied that he failed to surrender to custody then, unless it appears that he had reasonable cause for his failure, the judge advocate may order the forfeiture of the security.
4
If a judge advocate orders the forfeiture of a security under paragraph (3), he may declare that the forfeiture extends to such amount less than the full value of the security as he thinks fit to order.
5
An order under paragraph (3) shall, unless previously revoked, take effect at the end of 21 days beginning with the day on which it is made.
6
Where a judge advocate has ordered the forfeiture of a security under paragraph (3), a judge advocate may, if satisfied on an application made by or on behalf of the person who gave it that he did after all have reasonable cause for his failure to surrender to custody, by order remit the forfeiture or declare that it extends to such amount less than the full value of the security as he thinks fit to order.
7
An application under paragraph (6) may be made before or after the order for forfeiture has taken effect, but shall not be entertained unless the judge advocate is satisfied that the Director of Service Prosecutions was given reasonable notice of the applicant’s intention to make it.
8
A security which has been ordered to be forfeited by a judge advocate under paragraph (3) shall, to the extent of the forfeiture —
a
if it consists of money, be accounted for and paid in the same manner as a fine imposed by the Court Martial would be;
b
if it does not consist of money, be enforced by such court as may be specified in the order.
9
Where an order is made under paragraph (6) after the order for forfeiture of the security in question has taken effect, any money which would have fallen to be repaid or paid over to the person who gave the security if the order under paragraph (6) has been made before the order for forfeiture took effect shall be repaid or paid over to him.
Offence of absconding by persons on bail
10
1
If a person who has been granted bail under this Order fails without reasonable cause to surrender to custody he shall be guilty of an offence.
2
If a person who —
a
has been granted bail under this Order, and
b
has failed with reasonable cause to surrender to custody,
fails to surrender to custody at the appointed place as soon after the appointed time as is reasonably practicable he shall be guilty of an offence.
3
In proceedings for an offence under paragraph (1) or (2) the defendant is to be treated as having had reasonable cause for failure unless sufficient evidence is adduced to raise an issue as to whether he had reasonable cause.
4
A failure to give to a person granted bail under this Order a copy of the record of the decision shall not constitute a reasonable cause for that person’s failure to surrender to custody.
5
An offence under paragraph (1) or (2) shall be triable summarily by a civil court in England or Wales (as well as being triable by the Court Martial).
6
Where a magistrates’ court convicts a person of an offence under paragraph (1) or (2) the court may, if it thinks —
a
that the circumstances of the offence are such that greater punishment should be inflicted for that offence than the court has power to inflict, or
b
in a case where it commits that person for trial to the Crown Court for another offence, that it would be appropriate for him to be dealt with for the offence under paragraph (1) or (2) by the court before which he is tried for the other offence,
commit him in custody or on bail to the Crown Court for sentence.
7
A person who is convicted summarily of an offence under paragraph (1) or (2) and is not committed to the Crown Court for sentence shall be liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 5 on the standard scale or to both, and a person who is so committed for sentence shall be liable to imprisonment for a term not exceeding 12 months or to a fine or to both.
8
A person who is convicted of an offence under paragraph (1) or (2) by the Court Martial shall be liable to any punishment mentioned in the Table in section 164 of the 2006 Act but any sentence of imprisonment imposed in respect of the offence shall not exceed 12 months.
9
In any proceedings for an offence under paragraph (1) or (2) a document purporting to be a copy of the part of the record which relates to the time and place appointed for the person specified in the record to surrender to custody and to be duly certified to be a true copy of that part of the record shall be evidence of the time and place appointed for that person to surrender to custody.
10
For the purposes of paragraph (9) —
a
“the record” means the record of the decision of the judge advocate made in pursuance of article 9(1);
b
the copy of the record is duly certified if it is certified by the judge advocate or such other person as may be authorised by him to act for the purpose.
Liability to arrest for absconding or breaking conditions of bail
11
1
If a person who has been granted bail under this Order and is under a duty to surrender to custody fails to do so at the time appointed for him to do so, a judge advocate may issue a warrant for the arrest of the person.
2
If a person who has been granted bail under this Order surrenders to custody at the time appointed for him to do so but then absents himself without leave before the hearing of any proceedings has begun or resumed in respect of that person, a judge advocate may issue a warrant for the arrest of the person; but no warrant shall be issued under this paragraph where that person is absent in accordance with leave given to him by or on behalf of a court or by a judge advocate.
3
The judge advocate may issue a warrant under paragraph (1) or (2) to a constable, or where the person to be arrested is subject to service law or a civilian subject to service discipline, a service policeman.
4
A person who has been granted bail under this Order and is under a duty to surrender into the custody of a court or a person may be arrested without warrant under paragraph (1) or (2) by a constable or, where the person is subject to service law or is a civilian subject to service discipline, by a service policeman —
a
if the constable or service policeman has reasonable grounds for believing that that person is not likely to surrender to custody;
b
if the constable or service policeman has reasonable grounds for believing that that person is likely to break any of the conditions of his bail or has reasonable grounds for suspecting that that person has broken any of those conditions; or
c
in a case where that person was granted bail with one or more surety or sureties, if a surety notifies a constable or service policeman in writing that that person is unlikely to surrender to custody and that for that reason the surety wishes to be relieved of his obligations as a surety.
5
A person arrested in pursuance of paragraph (4) shall be brought as soon as practicable before a judge advocate.
6
The judge advocate before whom a person is brought under paragraph (5) may, if of the opinion that that person —
a
is not likely to surrender to custody, or
b
has broken or is likely to break any condition of his bail,
commit him to custody or grant him bail subject to the same or different conditions, but if not of that opinion shall grant him bail subject to the same conditions (if any) as were originally imposed.
7
In this article —
a
“constable” includes any person (whether within or outside the United Kingdom) having powers corresponding with those of a constable;
b
“civilian subject to service discipline”, “service policeman” and “subject to service law” have the same meaning as in section 374 of the 2006 Act.
Bail with sureties
12
1
This article applies where a person is granted bail under this Order on condition that he provides one or more surety or sureties for the purpose of securing that he surrenders to custody.
2
In considering the suitability for that purpose of a proposed surety, regard may be had (amongst other things) to —
a
the surety’s financial resources;
b
his character and any previous convictions of his; and
c
his proximity (whether in point of kinship, place of residence or otherwise) to the person for whom he is to be surety.
3
Where a judge advocate grants a person bail under this Order on such a condition but is unable to release him because no surety or no suitable surety is available, the judge advocate shall fix the amount in which the surety is to be bound and paragraphs (4) and (5) shall apply for the purpose of enabling the recognizance of the surety to be entered into subsequently.
4
Where this paragraph applies the recognizance of the surety may be entered into before such persons or descriptions of persons as the judge advocate may by order specify or, if he makes no such order, before a judge advocate.
5
Where a surety seeks to enter into his recognizance before any person in accordance with paragraph (4) but that person declines to take his recognizance because he is not satisfied of the surety’s suitability, the surety may apply to a judge advocate for the judge advocate to take his recognizance and the judge advocate shall, if satisfied of his suitability, take his recognizance.
6
Where, in pursuance of paragraph (4), a recognizance is entered into otherwise than before the judge advocate who fixed the amount of the recognizance, the same consequences shall follow as if it had been entered into before that judge advocate.
Forfeiture of a recognizance given as a condition of bail
13
1
This article applies where —
a
a judge advocate grants bail under article 3 to a person; and
b
the bail is subject to a condition that the person provides a surety to guarantee that he will surrender to custody as required; but
c
the person does not surrender to custody as required.
2
The court administration officer shall serve notice on the surety and the Director of Service Prosecutions of a hearing at which a judge advocate may order the forfeiture of the recognizance given by that surety.
3
A judge advocate shall not forfeit a surety’s recognizance —
a
less than 7 days after the date on which the court administration officer serves notice under paragraph (2); and
b
without giving the surety an opportunity to make representations at the hearing.
Offence of agreeing to indemnify sureties
14
1
If a person agrees with another to indemnify that other against any liability which that other may incur as a surety under this Order, he and that other person shall be guilty of an offence.
2
An offence under paragraph (1) is committed whether the agreement is made before or after the person to be indemnified becomes a surety and whether or not he becomes a surety and whether the agreement contemplates compensation in money or in money’s worth.
3
An offence under paragraph (1) shall be triable by a civil court in England or Wales (as well as being triable by the Court Martial).
4
Where a magistrates’ court convicts a person of an offence under paragraph (1) the court may, if it thinks —
a
that the circumstances of the offence are such that greater punishment should be inflicted for that offence than the court has power to inflict, or
b
in a case where it commits that person for trial to the Crown Court for another offence, that it would be appropriate for him to be dealt with for the offence under paragraph (1) by the court before which he is tried for the other offence,
commit him in custody or on bail to the Crown Court for sentence.
5
A person guilty of an offence under paragraph (1) shall be liable —
a
on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 5 on the standard scale or to both;
b
on conviction on indictment or if sentenced by the Crown Court on committal for sentence under paragraph (4), to imprisonment for a term not exceeding 12 months or a fine or to both; or
c
on conviction by the Court Martial to any punishment mentioned in the Table in section 164 of the 2006 Act but any sentence of imprisonment imposed in respect of the offence shall not exceed 12 months.
6
No proceedings for an offence under paragraph (1) shall be instituted before a civil court except by, or with the consent of, the Director of Public Prosecutions.
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
14th April 2009


text:
Citation and commencement
1
These Regulations may be cited as the Asylum Support (Amendment) (Revocation) Regulations 2009 and shall come into force on 5 th April 2009.
Revocation
2
The Asylum Support (Amendment) Regulations 2009 are revoked.
Phil Woolas
Minister of State
Home Office
11th March 2009


text:
Citation and application
1
1
This Order may be cited as the School Admission Appeals Code (Appointed Day) (England) Order 2009.
2
This Order applies in relation to England only.
Appointed Day
2
The day appointed for the coming into force of the School Admission Appeals Code (a copy of a draft of which was laid before each House of Parliament on 4th December 2008) is 10th February 2009.
Sarah McCarthy-Fry
Parliamentary Under Secretary of State
Department for Children, Schools and Families
9th February 2009


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 4) 2009 and shall come into force on 22nd May 2009.
2
These Regulations shall have effect —
a
for the purposes of the charge to stamp duty, in relation to instruments executed on or after 22nd May 2009;
b
for the purposes of the charge to stamp duty reserve tax —
i
in the case of agreements to transfer traded securities which are not conditional, in relation to agreements made on or after 22nd May 2009;
ii
in the case of agreements to transfer traded securities which are conditional, in relation to agreements where the condition is satisfied on or after that date.
Interpretation
2
In these Regulations —
“clearing participant” means a member of EuroCCP who as such is permitted by the Rules of EuroCCP to clear transactions made on the Facility for a traded security and who may or may not also be a participant in the Facility;
“client” means a person who gives instructions to a non-clearing firm for traded securities to be sold on the Facility;
“EuroCCP” means European Central Counterparty Limited, a body corporate which is a recognised clearing house under the Financial Services and Markets Act 2000 ;
“the Facility” means “Block Board” the multilateral trading facility operated by Pipeline Financial Group Limited, a body corporate which is permitted to operate a multilateral trading facility for the purposes of Part 4 of the Financial Services and Markets Act 2000;
“nominee” means a person whose business is or includes holding traded securities as a nominee for EuroCCP acting in its capacity as a person providing clearing services in connection with a transaction made on the Facility, or as a nominee for a clearing participant (as the case may be);
“non-clearing firm” means a participant in the Facility other than a clearing participant;
“traded securities” means stocks and shares which are issued or raised by a body corporate but does not include stocks and shares issued by a body corporate not incorporated in the United Kingdom unless —
the stocks and shares are registered in a register kept in the United Kingdom by or on behalf of the body corporate; or
in the case of shares, they are paired, within the meaning of section 99(6A) of the Finance Act 1986 , with shares issued by a body corporate incorporated in the United Kingdom.
Prescription of recognised investment exchange and recognised clearing house
3
For the purposes of sections 116 and 117 of the Finance Act 1991 —
a
“Block Board” is prescribed as a recognised investment exchange; and
b
EuroCCP is prescribed as a recognised clearing house.
Prescribed circumstances for the purposes of sections 116 and 117
4
1
In the circumstances prescribed by paragraph (2) below, the charge to stamp duty and the charge to stamp duty reserve tax shall be treated as not arising.
2
The circumstances prescribed are where, in connection with a transaction made on the Facility, conditions A and B are met.
3
Condition A is that traded securities of a particular kind are transferred, or agreed to be transferred, from —
a
a clearing participant or a nominee of a clearing participant to another clearing participant or nominee, or
b
a non-clearing firm or its client (or a nominee of a non-clearing firm or of a client of a non-clearing firm) to a clearing participant or a nominee of a clearing participant, or
c
a clearing participant or a nominee of a clearing participant to EuroCCP or to a nominee of that clearing house, or
d
a person other than a clearing participant to EuroCCP or to a nominee of that clearing house, as a result of a failure by a clearing participant to fulfil his obligations in respect of the transaction concerned to transfer traded securities to EuroCCP or to a nominee of that clearing house, or
e
EuroCCP or a nominee of that clearing house to a clearing participant or a nominee of a clearing participant.
4
Condition B is that the person to whom those securities are agreed to be transferred under any of the agreements specified in paragraph (3) above (“the relevant agreement”) is required on receipt of those securities to transfer traded securities under a matching agreement to another person or, in the case of an agreement falling within sub-paragraph (3) (d), would have been so required if the failure referred to in that sub-paragraph had not occurred.
5
In paragraph (4) —
a
“matching agreement” means an agreement under which —
i
the traded securities agreed to be transferred are of the same kind as the traded securities agreed to be transferred under the relevant agreement, and
ii
the number and transfer price of the traded securities agreed to be transferred are identical to the number and transfer price of the traded securities agreed to be transferred under the relevant agreement;
b
references to EuroCCP are references to that clearing houses in its capacity as a person providing clearing services in connection with a transaction made on the Facility;
c
references to a clearing participant are references to a clearing participant in his capacity as such.
Consequential provision
5
1
Traded securities which are the subject of an agreement specified in regulation 4(3) shall be dealt with by a clearing participant who is a party to the agreement in a separate designated account, and not otherwise.
2
In paragraph (1) “designated account” means an account designated by EuroCCP for a clearing participant in connection with the traded securities concerned.
Tony Cunningham
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
30th April 2009


text:
Citation and commencement
1
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Market Abuse) Regulations 2009.
2
These Regulations shall come into force on 31st December 2009.
Amendment of Part 8 of the Financial Services and Markets Act 2000
2
1
The Financial Services and Markets Act 2000 Act is amended as follows.
2
In subsection (9) of section 118 (market abuse) , for “31 December 2009” substitute “31 December 2011”.
3
In subsection (6) of section 118A (supplementary provision about certain behaviour) , for “31 December 2009” substitute “31 December 2011”.
Tony Cunningham
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
30th November 2009


text:
Citation and commencement
1
These Rules may be cited as the Prison and Young Offender Institution (Amendment) Rules 2009 and shall come into force on 1st January 2010.
2
The Prison Rules 1999 shall have effect subject to the amendments set out in Schedule 1 to these Rules.
3
The Young Offender Institution Rules 2000 shall have effect subject to the amendments set out in Schedule 2 to these Rules.
Signed by the authority of the Secretary of State
Claire M Ward
Parliamentary Under Secretary of State
Ministry of Justice
23rd November 2009


text:
Citation and commencement
1
These Regulations may be cited as the Childcare (General Childcare Register) (Amendment) Regulations 2009 and come into force on 1st September 2009.
Amendments to Schedule 3 to the Childcare (General Childcare Register) Regulations 2008
2
Schedule 3 to the Childcare (General Childcare Register) Regulations 2008 is amended as follows.
3
In paragraph 2(1)(a), at the end insert “except where the later years childminder is acting in accordance with arrangements made for the absence from the relevant premises of that childminder which have been given prior written approval by the Chief Inspector,”.
4
In paragraph 18(1) —
1
in sub-paragraph (d), for “20 days” substitute “28 days”;
2
in sub-paragraph (e)(ii), for “two years” substitute “three years”;
3
in sub-paragraph (f), for “two years” substitute “three years”.
Amendments to Schedule 6 to the Childcare (General Childcare Register) Regulations 2008
5
Schedule 6 to the Childcare (General Childcare Register) Regulations 2008 is amended as follows.
6
In paragraph 3, at the beginning insert “Subject to paragraph 3A,”.
7
After paragraph 3, insert —
3A
In the case of a registered childminder who is not a home child-carer, paragraph 3 does not apply where the childminder is acting in accordance with arrangements made for the absence from the relevant premises of that childminder which have been given prior written approval by the Chief Inspector.
.
8
In paragraph 11(1), at the start insert “In the case of a registered person who is not a home child-carer,”.
9
In paragraph 19(1) —
1
in sub-paragraph (d), for “20 days” substitute “28 days”;
2
in sub-paragraph (e)(ii), for “two years” substitute “three years”;
3
in sub-paragraph (f), for “two years” substitute “three years”.
Dawn Primarolo
Minister of State
Department for Children, Schools and Families
22nd June 2009


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Home Energy Efficiency Scheme (England) (Amendment) Regulations 2009 and come into force on 1st August 2009.
2
These Regulations apply to England only.
Interpretation
2
In these Regulations —
“administering agency” has the same meaning as in the principal Regulations ;
“the principal Regulations” means the Home Energy Efficiency Scheme (England) Regulations 2005 ;
“works application” has the same meaning as in the principal Regulations.
Amendment of the principal Regulations
3
1
The principal Regulations are amended as follows.
2
In regulation 4(1)(e) (persons who may apply for a grant), substitute “£16,040” for “£15,460”.
3
In regulation 6 (grant maximum) —
a
in paragraph (a) substitute “£3,500” for “£2,700”; and
b
in paragraph (b) —
i
after “oil fired central heating,” insert “or is for one or more of the purposes listed in regulation 5(1)(m),”; and
ii
substitute “£6,000” for “£4,000”.
Transitional provision
4
1
Regulation 4 of the principal Regulations, as amended by these Regulations, applies in relation to a works application made before 1st August 2009 where the decision to approve or reject that application falls to be made by the administering agency on or after that date.
2
Regulation 6 of the principal Regulations, as amended by these Regulations, applies in relation to a works application made before 1st August 2009 where either —
a
the decision to approve or reject that application falls to be made by the administering agency on or after that date; or
b
the decision to approve that application was made by the administering agency before, but the works to which the approval relates have not been commenced by, that date.
David Kidney
Parliamentary Under Secretary of State
Department of Energy and Climate Change
2nd July 2009
We consent,
Tony Cunningham
Dave Watts
Two of the Lords Commissioners of
Her Majesty’s Treasury
6th July 2009


text:
This Order may be cited as the General Medical Council (Licence to Practise) Regulations Order of Council 2009 and comes into force on 16th November 2009.
Judith Simpson
Clerk of the Privy Council


text:
Citation and Commencement
1
This Order may be cited as the International Headquarters and Defence Organisations (Designation and Privileges) (Amendment) Order 2009 and shall come into force on the day after that on which it is made.
Interpretation
2
In this Order “ 1965 Order ” means the International Headquarters and Defence Organisations (Designation and Privileges) Order 1965 .
Amendment of the 1965 Order
3
1
For Part I of the Schedule to the 1965 Order there shall be substituted —
PART I
The Headquarters of the Supreme Allied Commander Transformation ( HQ SACT )
The Supreme Headquarters Allied Powers Europe ( SHAPE )
2
For Part II of the Schedule to the 1965 Order there shall be substituted —
PART II
Maritime Component Command Headquarters Northwood ( CC-MAR HQ NORTHWOOD )
Commander Submarines Allied Naval Forces North ( COMSUBNORTH )
NATO Airborne Early Warning and Control Force ( NAEW&CF )
NATO Joint Electronic Warfare Core Staff ( NATO JEWCS )
Headquarters United Kingdom – Netherlands Amphibious Force ( UKNLAF )
Headquarters United Kingdom – Netherlands Landing Force ( UKNLLF )
The European Air Group ( EAG )
The Intelligence Fusion Centre ( IFC )
Headquarters Allied Rapid Reaction Corps ( HQ ARRC )
Revocation
4
The International Headquarters and Defence Organisations (Designation and Privileges)(Amendment) Order 1994 and the International Headquarters and Defence Organisations (Designation and Privileges) Order 1999 are hereby revoked.
Judith Simpson
Clerk of the Privy Council


text:
Citation, application and commencement
1
This Order, which applies to England only, may be cited as the Non-Domestic Rating (Small Business Rate Relief) (England) (Amendment) Order 2009 and shall come into force on 1st April 2009.
Amendments to the Non-Domestic Rating (Small Business Rate Relief) (England) Order 2004
2
For the purposes of applications under section 43(4B)(a)(iii) of the Local Government Finance Act 1988 in relation to financial years beginning on or after 1st April 2009, the Non-Domestic Rating (Small Business Rate Relief) (England) Order 2004 is amended as follows.
Maximum rateable value to be eligible for small business rate relief
3
Article 2 is omitted.
Conditions for relief
4
In article 3 —
a
for paragraph (3) substitute —
3
The second condition is that the rateable value of the hereditament as shown in the local non-domestic rating list for the chargeable day is not more than —
a
for a hereditament situated in Greater London, £21,499;
b
for a hereditament situated outside Greater London, £14,999.
; and
b
in paragraph (6)(c) for “article 2” substitute “paragraph (3)”.
Amount of E
5
In article 6(1)(c), for “article 2” substitute “article 3(3)”.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
23rd February 2009


text:
Citation and commencement
1
This Order may be cited as the Health Service Commissioner for England (Authorities for the Ashworth, Broadmoor and Rampton Hospitals) (Revocation) Order 2009 and shall come into force on 11th May 2009.
Revocation
2
The Health Service Commissioner for England (Authorities for the Ashworth, Broadmoor and Rampton Hospitals) Order 1996 is revoked.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Corporation Tax (Exclusion from Short-Term Loan Relationships) Regulations 2009.
2
These Regulations shall come into force on 1st January 2010.
3
In these Regulations “FA 2009” means the Finance Act 2009.
Exclusion from short-term loan relationship
2
For the purposes of paragraph 60 of Schedule 15 to FA 2009 (intra-group short-term finance: financing expense), a finance arrangement is not to be taken as a short-term loan relationship for the relevant period or any parts of the relevant period where —
a
any part or all of the finance arrangement is made for a long-term funding purpose; or
b
the finance arrangement is a long-term aggregated loan relationship.
Meaning of long-term funding purpose
3
1
A finance arrangement is made for a long-term funding purpose where at the date the finance arrangement is made —
a
to the extent that the finance arrangement provides for the creation of money debt, it is reasonable to expect that all the money debt created under it will not be settled within 12 months of the money debt first being created under it, and
b
to the extent that the finance arrangement is otherwise a loan relationship, it is reasonable to expect that it will not terminate within 12 months of its coming into force; or
c
the conditions in regulation 4 are met.
2
For the purposes of this regulation circumstances where it is reasonable to expect that the finance arrangement will not be settled or terminated within 12 months include circumstances where —
a
the finance arrangement may be settled or terminated by use of borrowing; or
b
the finance arrangement may be settled or terminated temporarily by funds available for a limited period of time.
Anti-avoidance
4
1
A sequence of finance arrangements is considered to be a single finance arrangement made for a long-term funding purpose if the following conditions are met.
2
The first condition is that the sequence of finance arrangements when taken together will not be settled or terminated within 12 months.
3
The second condition is that the sequence of finance arrangements is part of a scheme or arrangement the main purpose, or one of the main purposes, of which is to characterise a loan relationship as a short-term loan relationship for the purposes of paragraph 60 of Schedule 15 to FA 2009.
Long-term aggregated loan relationship
5
1
A number of finance arrangements are long-term aggregated loan relationships if the following conditions are met.
2
The first condition is that the finance arrangements exist between the same two companies.
3
The second condition is that there are no repayment terms relating specifically to each separate finance arrangement.
4
The third condition is that accounts show the finance arrangements as a single net balance between the companies at all times.
5
The fourth condition is that the finance arrangements when taken together do not meet the conditions mentioned in paragraph 62(1) of Schedule 15 to FA 2009.
Dave Watts
Tony Cunningham
Two of the Lords Commissioners to Her Majesty’s Treasury
15th December 2009


text:
Citation and commencement
1
These Regulations may be cited as the Medicines (Pharmacies) (Applications for Registration and Fees – Amendment) Regulations 2009 and come into force on 5th October 2009.
New regulation 3A of the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973
2
After regulation 3 of the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973 , insert the following regulation —
Registration of additional premises during an influenza pandemic
3A
1
In the circumstances set out in paragraph (2), the registrar may —
a
accept an application under section 75 of the Act in respect of premises which is not accompanied by all of the particulars specified in the Schedule (but may insist on some of those particulars being provided);
b
determine that the fee otherwise payable in respect of registration of premises under regulation 3(1) is to be waived in whole or in part.
2
Those circumstances are —
a
in the case of —
i
an application, it is made during an outbreak of pandemic influenza (influenza caused by a new virus subtype that has an increased and sustained transmission during a global outbreak of influenza), or
ii
a fee, it is in respect of such an application;
b
for the purposes of mitigating the effects of that outbreak, a person carrying on a retail pharmacy business at premises entered in the register has agreed to enter into arrangements with —
i
in England, a Primary Care Trust (established under, or continuing in existence by virtue of, section 18 of the National Health Service Act 2006 ),
ii
in Scotland, a Health Board (constituted under section 2 of the National Health Service (Scotland) Act 1978 ),
iii
in Wales, a Local Health Board (established under section 11 of the National Health Service (Wales) Act 2006 ), or
iv
in Northern Ireland, the Regional Health and Social Care Board (established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 ),
in order to provide, for a limited period, pharmaceutical services or local pharmaceutical services at other premises which are not registered; and
c
the application or the fee in respect of the application relate to those other premises.
.
Signed by authority of the Secretary of State for Health.
Mike O’Brien
Minister of State,
Department of Health
9th September 2009
Michael McGimpsey
Minister for Health, Social Services and Public Safety
14th September 2009


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Fixed Penalty (Procedure) (Vehicle Examiners) Regulations 2009 and shall come into force on 1st April 2009.
2
These Regulations do not extend to Scotland.
Interpretation
2
In these Regulations, “ the Act ” means the Road Traffic Offenders Act 1988.
Application
3
These Regulations apply in cases where a fixed penalty notice is given by a vehicle examiner in accordance with section 54 (notices on-the-spot etc ) of the Act.
Documents or information to be provided
4
The documents described in column 1 of the Schedule to these Regulations (as referred to in the provisions of the Act specified in column 2 of the Schedule) shall contain the information, or, as the case may be, further information prescribed in column 3 of the Schedule.
Remittance
5
If payment of the fixed penalty is made by a person otherwise than as required by the fixed penalty notice, the Secretary of State shall return the remittance to that person.
Return of driving licence (if so held)
6
Where —
a
the person to whom the fixed penalty notice was given holds a driving licence;
b
the suspended enforcement period has expired;
c
the fixed penalty has not been paid; and
d
either that person has requested a hearing under section 55(2) or no registration certificate has been issued under section 70(2) of the Act;
the Secretary of State shall, in the case of an endorseable offence, return the driving licence to that person.
Notification of registration of sum
7
Where, in a case involving an endorseable offence, any sum is registered under section 71 of the Act for enforcement against that person as a fine, the designated officer for the court where the sum is registered shall notify the Secretary of State that the sum has been registered.
Receipt for payment
8
Where a fixed penalty is paid within the suspended enforcement period the Secretary of State shall send a receipt for the payment, if requested, to the payer.
Licence receipts
9
For the purposes of section 56(3)(a) of the Act, there is prescribed a period of two months beginning with the same date of issue.
Signed by authority of the Secretary of State for Transport
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
5th March 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Crime and Disorder Act 1998 (Youth Conditional Cautions: Financial Penalties) Order 2009 and comes into force on 16 November 2009.
2
In this Order —
“the 1968 Act ” means the Theft Act 1968 ;
“the 1971 Act ” means the Criminal Damage Act 1971 ;
“the 1986 Act ” means the Public Order Act 1986 ;
“the 1998 Act ” means the Crime and Disorder Act 1998;
“the 2006 Act ” means the Fraud Act 2006 ; and
“excluded offence” means —
loitering or soliciting for the purposes of prostitution contrary to section 1 of the Street Offences Act 1959 ;
any offence under the Road Traffic Act 1988 ; or
any offence under the Road Traffic Offenders Act 1988 .
Prescribed offences and financial penalties
2
1
The offences and the description of offences listed in the Schedules to this Order are prescribed for the purposes of section 66C(1) of the 1998 Act.
2
Each offence listed in Schedule 1 includes an attempt to commit that offence.
3
The maximum amount, for the purposes of section 66C(2) of the 1998 Act, in respect of each of the offences or description of offences listed in Schedule 1 to this Order is £75.
4
The maximum amount, for the purposes of section 66C(2) of the 1998 Act, in respect of each of the offences or description of offences listed in column 1 of Schedule 2 to this Order, is the amount listed in column 2 of that Schedule.
Signed by the authority of the Secretary of State
Maria Eagle
Minister of State
Ministry of Justice
15th October 2009


text:
Citation and commencement
1
This Order may be cited as the Electricity and Gas (Carbon Emissions Reduction) (Amendment) Order 2009 and comes into force on the day after the day on which this Order is made.
Amendment of the Electricity and Gas (Carbon Emissions Reduction) Order 2008
2
The Electricity and Gas (Carbon Emissions Reduction) Order 2008 is amended as set out in this Order.
Amendment of article 2 (interpretation)
3
1
Article 2 (interpretation) is amended as follows.
2
In paragraph (1) at the appropriate place, insert —
“energy assessor” means a person with any of the following qualifications —
City and Guilds (6176) in Energy Awareness ;
Level 3 of the National Vocational Qualification 6049-03 (Provide Energy Efficiency Services) ;
a qualification based on units one to five of the National Occupational Standards ( NOS ) for Home and Community Energy Advisers which qualification is awarded by a body which has been approved and quality assured by the Office of the Qualifications and Examinations Regulator ; or
an equivalent qualification that is recognised by a member State of the European Union, an EEA State or Turkey;
;
“home energy advice package” has the meaning given in Schedule A1;
;
“loft insulation plus” means —
the provision to a domestic energy user of loft insulation which adds to existing loft insulation which is at least 60mm in depth and where that additional insulation is installed by a person with appropriate experience or qualifications; or
the promotion of loft insulation through a retail outlet,
where the provision or promotion, as applicable, takes place between 11th September 2008 and 31st July 2009;;
;
“real-time display” means a device which, together with a transmitter used in connection with it, provides information relating to —
a domestic energy user’s electricity consumption; and
the cost of that consumption,
and does so at the time the consumption occurs;;
;
“short-life battery” means a battery which is not expected to power —
a real-time display; or
a transmitter used in connection with such a display,
for more than one year under normal conditions of use;.
.
3
In paragraph (b) of the definition of “priority group” for “£15,592” substitute “£16,040”.
4
In paragraph (1) revoke the definitions of “cogeneration unit” and “microcogeneration”.
5
For paragraph (3)(b) substitute —
b
a market transformation action means —
i
the provision of solid wall insulation or microgeneration units where such provision will achieve a reduction in carbon emissions;
ii
the provision of a real-time display;
iii
the provision of a home energy advice package; or
iv
any other action which will achieve a reduction in carbon emissions but which the Authority did not determine to be a qualifying action under the 2001 Order.
.
6
In paragraph (3)(c) for “promotion” substitute “provision”.
7
For paragraph (3)(d) substitute —
d
a standard action means an action which —
i
will achieve a reduction in carbon emissions; or
ii
is the provision of a real-time display or a home energy advice package.
.
Amendment of article 3 (overall carbon emissions reduction target)
4
In article 3(1) (overall carbon emissions reduction target) for “154” substitute “185”.
Amendment of article 9 (achievement of carbon emissions reduction obligations)
5
1
For article 9 substitute —
Achievement of carbon emissions reduction obligations
9
1
A supplier must achieve its carbon emissions reduction obligation by promoting qualifying actions to domestic energy users.
2
A qualifying action must be approved by the Authority.
3
A supplier must achieve its carbon emissions reduction obligation without exceeding any of the following limits —
a
no more than Y% minus X% of a supplier’s carbon emissions reduction obligation may be achieved by —
i
a market transformation action;
ii
a demonstration action; or
iii
both such actions;
b
no more than 2% of a supplier’s carbon emissions reduction obligation may be achieved by the provision of —
i
a real-time display;
ii
a home energy advice package; or
iii
both.
4
In paragraph (3)(a) —
“Y%” means —
10%; but
12% where —
the Authority approves the provision of microgeneration units as a market transformation action; and
at least 2% of a supplier’s carbon emissions reduction obligation is achieved by the provision of microgeneration units;
“X%” means 0%, but where a percentage of a supplier’s carbon emissions reduction obligation is achieved by the actions described in paragraph (3)(b), that percentage, subject to a maximum of 2%.
5
The Authority —
a
must determine whether or not the limits in paragraph (3) are exceeded; but
b
in doing so it must not apply the increased reduction in respect of market transformation actions provided for by —
i
article 19(4)(b); or
ii
article 19(4A)(a), (b) or (c).
.
Amendment of article 12 (approval of actions by the Authority)
6
1
Article 12 (approval of actions by Authority) is amended as follows.
2
In paragraph (4), for “micro-cogeneration” substitute “microgeneration”.
3
After paragraph (7), insert —
7A
The Authority must not approve as a standard action or a market transformation action the provision of a real-time display or a home energy advice package unless it is satisfied in respect of the matters in paragraph (7B).
7B
The matters referred to in paragraph (7A) are —
a
the promotion of a real-time display or a home energy advice package makes clear that a display or package will only be provided to a domestic energy user who requests such a display or package;
b
a supplier agrees to provide a real-time display or a home energy advice package to a domestic energy user who has requested such a display or package; and
c
in respect of the provision of a real-time display or a home energy advice package the promotion takes place after 11th September 2008.
7C
The Authority must not on or after 1st January 2010 approve as a qualifying action the provision of compact fluorescent lamps except where a supplier seeks to promote the purchase of compact fluorescent lamps through a retail outlet.
.
Amendment of article 15 (estimated reduction in carbon emissions)
7
1
Article 15 (estimated reduction in carbon emissions) is amended as follows.
2
In paragraph (2) after “standard action,” insert “except a standard action listed in paragraph (2A),”.
3
After paragraph (2) insert —
2A
To estimate the reduction for a standard action which is —
a
loft insulation plus, the Authority must —
i
apply to that action the appropriate carbon co-efficient values set out in Schedule 3; and
ii
increase the reduction in carbon emissions expected to be achieved in accordance with article 19(3A)(a)(ii) as if the reduction in carbon emissions expected to be achieved by such action is achieved;
b
a real-time display, the Authority must do so in accordance with article 19(4A)(a) or (b), as applicable, as if the reduction in carbon emissions expected to be achieved by such action is achieved but must not increase the reduction by 50%;
c
a home energy advice package, the Authority must do so in accordance with article 19(4A)(c) as if the reduction in carbon emissions expected to be achieved by such action is achieved but must not increase the reduction by 50%.
.
4
In paragraph (3) after “market transformation action,” insert “except a market transformation action which is the provision of a real-time display or a home energy advice package , ” .
5
After paragraph (3) insert —
3A
To estimate the reduction for a market transformation action which is the provision of —
a
a real-time display, the Authority must do so in accordance with article 19(4A)(a) or (b), as applicable, as if the reduction in carbon emissions expected to be achieved by such action is achieved;
b
a home energy advice package, the Authority must do so in accordance with article 19(4A)(c) as if the reduction in carbon emissions expected to be achieved by such action is achieved.
.
Amendment of article 19 (notification of actions and determination of reductions in carbon emissions)
8
1
Article 19 (notification of actions and determination of reductions in carbon emissions) is amended as follows.
2
In paragraph (3) after “standard action,” insert “except a standard action listed in paragraph (3A),”.
3
After paragraph (3) insert —
3A
To determine the reduction for a standard action which is —
a
loft insulation plus, the Authority must —
i
apply to that action the appropriate carbon co-efficient values set out in Schedule 3; and
ii
increase the reduction in carbon emissions achieved by —
aa
100% where the loft insulation is installed in the property of a domestic energy user who is a member of the priority group;
bb
50% where the loft insulation is installed in the property of a domestic energy user who is not in the priority group;
cc
50% where the loft insulation is promoted through a retail outlet.
b
a real-time display, the Authority must do so in accordance with paragraph (4A)(a) or (b), as applicable, but must not increase the reduction by 50%;
c
a home energy advice package, the Authority must do so in accordance with paragraph (4A)(c) but must not increase the reduction by 50%.
.
4
In paragraph (4) after “market transformation action,” insert “except a market transformation action which is described in paragraph (4A),”.
5
After paragraph (4) insert —
4A
To determine the reduction for a market transformation action which is the provision of —
a
a real-time display which does not use a short-life battery, the Authority must attribute a carbon emissions reduction of 0.996 lifetime tonnes of carbon dioxide and increase the carbon emissions reduction by 50%;
b
a real-time display which uses a short-life battery, the Authority must attribute a carbon emissions reduction of 0.498 lifetime tonnes of carbon dioxide and increase the carbon emissions reduction by 50%;
c
a home energy advice package, the Authority must attribute a carbon emissions reduction of 0.675 lifetime tonnes of carbon dioxide and increase the carbon emissions reduction by 50%.
.
Insertion of new Schedule A1 (home energy advice packages)
9
Before Schedule 1 (meaning of householder) insert —
SCHEDULE A1
HOME ENERGY ADVICE PACKAGES
Article 2
1
A home energy advice package means —
a
a home energy survey;
b
home energy assistance; and
c
a home energy report;
2
A home energy survey means the survey of a domestic energy user’s property carried out by an energy assessor with a view to providing home energy assistance.
3
Home energy assistance means information provided by an energy assessor to a domestic energy user, in person at the time of the home energy survey, which deals with such of the matters set out in paragraph 4 as are applicable to that user.
4
The matters referred to in paragraph 3 are —
a
where programming or heating controls —
i
are installed, how these controls may be used more effectively to achieve energy efficiency savings or energy savings;
ii
are not installed, whether they would be appropriate for the property.
b
where a boiler is installed to provide heating or hot water —
i
an assessment as to whether that boiler is working efficiently;
ii
how that boiler may be used more effectively to achieve energy efficiency savings or energy savings;
iii
whether that boiler could be replaced by a more efficient model.
c
in respect of any electrical appliances or devices, how they may be used more effectively to achieve energy efficiency savings or energy savings;
d
how energy efficiency savings or energy savings can be achieved in relation to general hot-water use especially that connected to the use of showers, baths and washing machines;
e
such other information which an energy assessor reasonably believes may assist a domestic energy user to achieve energy efficiency savings or energy savings.
5
A home energy report means a report that sets out in writing —
a
the home energy assistance;
b
a list of actions or measures which will help the particular domestic energy user to achieve energy efficiency savings or energy savings; and
c
the contact details for the Energy Saving Trust ,
and is provided to a domestic energy user within three months of the home energy survey.
.
Amendment of Schedule 2 (benefits and credits)
10
In paragraph 2 of Schedule 2 (benefits and credits) —
a
in sub-paragraph (h) omit “and”;
b
for sub-paragraph (i) substitute, “state pension credit; and”.
c
after sub-paragraph (i) insert —
j
an income-related employment and support allowance under the Welfare Reform Act 2007 .
.
Joan Ruddock
Minister of State
Department of Energy and Climate Change
20th July 2009


text:
1
This Order may be cited as the Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) (Amendment) Order 2009 and shall come into force on 3 April 2009.
2
In articles 2(2) and 4(1) of the Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) Order 2005 , for the words “4 th April 2009” there shall be substituted the words “4 th April 2010”.
3
The Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) (Amendment) Order 2007 is revoked.
Signed by the authority of the Secretary of State
David Hanson
Minister of State
Ministry of Justice
9th March 2009