text:
PART 1 FORFEITURES AND DEDUCTIONS
Citation and commencement
1
These Regulations may be cited as the Armed Forces (Forfeitures and Deductions) Regulations 2009 and shall come into force on 31st October 2009.
Interpretation
2
In these Regulations —
“ the Act ” means the Armed Forces Act 2006 and, unless expressly provided otherwise, a reference in these Regulations to a numbered section is a reference to that section of the Act;
“ AA 1955 ” means the Army Act 1955 ;
“ AFA 1955 ” means the Air Force Act 1955 ;
“ NDA 1957 ” means the Naval Discipline Act 1957 ;
“the 2000 Council Regulation ” means Council Regulation (EC) No 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ;
“ Sovereign Base Areas ” means the Sovereign Base Areas of Akrotiri and Dhekelia.
Forfeiture of pay – absence from duty
3
1
The Defence Council, or an officer authorised by them, may make an order authorising a day’s pay of a person subject to service law to be forfeited for —
a
any day during which he was absent from duty and in respect of which the Defence Council are, or the authorised officer is, satisfied that his conduct amounted to an offence under section 8 or 9 or under section 97(1)(a) of the Reserve Forces Act 1996 ;
b
any day during which he was absent from duty serving a relevant sentence, including any day counted under section 246(2) as time served by him as part of the sentence;
c
any day during which he was absent from duty serving a sentence of imprisonment or detention imposed by a civilian court (anywhere);
d
any day during which he was absent from duty detained under an order of a civilian court (anywhere) other than an order within sub-paragraph (e);
e
any day during which he was absent from duty, detained under an order of a civilian court (anywhere) for his detention awaiting or during trial or awaiting sentence, if that day was counted as time served by him as part of a sentence of a civilian court;
f
any day during which he was absent from duty by reason of sickness or injury if the Defence Council are, or the authorised officer is, satisfied that the sickness or injury was contributed to, or caused by, conduct in relation to which —
i
he has been convicted of a service offence, or
ii
a charge against him has been determined to have been proved at a summary hearing under section 131,
whether that absence occurred before or after he was convicted or the charge was determined to have been proved;
g
any day during which he was absent from duty by reason of his having been captured by an enemy if the Defence Council are, or the authorised officer is, satisfied that the immediate cause of his capture by the enemy was conduct amounting to an intentional breach of his duty in respect of which —
i
he has been convicted of an offence under Part 1 of the Act; or
ii
a charge against him in respect of an offence under Part 1 of the Act has been determined to have been proved at a summary hearing under section 131;
h
any day during which he was absent from duty and the Defence Council are, or the authorised officer is, satisfied that the absence was by reason of conduct in relation to which he has been convicted of an offence under section 5(2); or
i
any day during which he was absent from duty and in respect of which the Defence Council are, or the authorised officer is, satisfied that he has been convicted of an offence under section 1(2).
2
In paragraph (1)(b) a “relevant sentence” means —
a
a custodial sentence awarded under the Act;
b
a hospital order, made under section 37 of the Mental Health Act 1983 as modified by Schedule 4 to the Act, that a person be detained;
c
an order made under section 214(3) that a person be detained in youth detention accommodation;
d
a sentence of service detention.
3
For the purposes of paragraph (1) —
a
a reference to a person being absent from duty during a day includes his being absent for part of a day;
b
in relation to a day’s absence from duty —
i
“a day’s pay” of a person subject to service law by reason of section 367(1) or (2)(a), (b), (c) or (e) means one twelfth of his gross annual basic pay on that day divided by the number of days in the month in which that day occurred plus his gross specialist pay, if any, for that day;
ii
“a day’s pay” of a person subject to service law by reason of section 367(2)(d) means his gross daily rate of pay on that day plus his gross specialist pay, if any, for that day.
Deduction from pay – amount paid to meet sum ordered to be paid by civilian court
4
1
Subject to paragraph (2), the Defence Council, or an officer authorised by them, may make an order authorising a deduction to be made from the pay of a relevant person and to be appropriated in or towards satisfaction of any amount paid by or on behalf of a service authority to meet the whole or part of a relevant sum.
2
An order made under paragraph (1) may only authorise a deduction to be made on or after the date on which the relevant sum is required to be paid.
3
Subject to paragraph (2), the Defence Council, or an officer authorised by them, may by order vary an order made under paragraph (1).
4
The Defence Council, or an officer authorised by them, may by order revoke an order made under paragraph (1).
5
In this regulation “relevant sum” means a sum that a relevant person has been ordered to pay by a civilian court (anywhere).
Deduction from pay – compensation for damage to or the loss of property
5
1
Subject to paragraphs (2), (3) and (4), the Defence Council, or an officer authorised by them, may make an order authorising a deduction to be made from the pay of a relevant person and to be appropriated as or towards compensation for any damage to or the loss of any public or service property, if the Defence Council are, or the authorised officer is, satisfied that the relevant person’s conduct caused the damage to or the loss of property and amounted to an offence under section 24.
2
No order shall be made under paragraph (1) with respect to damage to or the loss of any public or service property, if —
a
a court or officer has sentenced the relevant person for a service offence and on passing sentence had power to make a service compensation order in respect of that damage to or that loss of property; or
b
in circumstances involving a finding that the relevant person was not guilty of intentionally, recklessly or negligently causing that damage to or that loss of property —
i
he has been acquitted of a service offence;
ii
a charge against him in respect of a service offence has been determined at a summary hearing under section 131 not to have been proved; or
iii
the Summary Appeal Court has quashed a finding that a charge against him in respect of a service offence has been proved.
3
An order under paragraph (1) shall state the total sum to be deducted from the pay of the relevant person to whom it relates.
4
The total sum authorised to be deducted from the pay of a relevant person under paragraph (1) in respect of the same damage to or the same loss of property shall not exceed £1,000.
5
Subject to paragraphs (3) and (4), the Defence Council, or an officer authorised by them, may by order vary an order made under paragraph (1).
6
The Defence Council, or an officer authorised by them, may by order revoke an order made under paragraph (1).
Deduction from pay – financial penalty
6
1
Subject to paragraph (2), the Defence Council, or an officer authorised by them, may make an order authorising a deduction to be made from the pay of a person subject to service law and to be appropriated in or towards satisfaction of any payment which he is required to make in respect of a financial penalty.
2
An order made under paragraph (1) may only authorise a deduction to be made on or after the date on which the payment is required to be made.
3
Subject to paragraph (2), the Defence Council, or an officer authorised by them, may by order vary an order made under paragraph (1).
4
The Defence Council, or an officer authorised by them, may by order revoke an order made under paragraph (1).
Deduction from pay – United Kingdom or Sovereign Base Areas maintenance order
7
1
Subject to paragraph (2), the Defence Council, or an officer authorised by them, may make an order authorising a deduction to be made from the pay of a relevant person and to be appropriated in or towards satisfaction of a payment which he is required to make under a maintenance order of a court in the United Kingdom or the Sovereign Base Areas.
2
An order made under paragraph (1) may only authorise a deduction to be made on or after the date on which the payment is required to be made.
3
Subject to paragraph (2), the Defence Council, or an officer authorised by them, may by order vary an order made under paragraph (1).
4
The Defence Council, or an officer authorised by them, may by order revoke an order made under paragraph (1).
5
The Defence Council, or an officer authorised by them, may treat an order made under paragraph (1) as being in suspense during any period in which the relevant person’s pay is suspended.
Deduction from pay – external maintenance order
8
1
This regulation applies with respect to a maintenance order of a court, tribunal or person outside the United Kingdom and the Sovereign Base Areas (an “external maintenance order”).
2
Subject to paragraph (4), if an external maintenance order has been registered in or confirmed by a court in the United Kingdom, the Defence Council, or an officer authorised by them, may make an order authorising a deduction to be made from the pay of a relevant person and to be appropriated in or towards satisfaction of a payment which he is required to make under the maintenance order as so registered or confirmed, subject to any variation for the time being made to the maintenance order by such a court.
3
Subject to paragraph (5), if an external maintenance order has not been registered in or confirmed by a court in the United Kingdom, but the Defence Council are, or the authorised officer is, satisfied either —
a
that the maintenance order is capable of being registered in a court in the United Kingdom, or
b
that the maintenance order would be capable of being so registered but for the fact that the relevant person is serving in the Armed Forces outside the United Kingdom,
the Defence Council or the authorised officer may make an order authorising a deduction to be made from the pay of a relevant person and to be appropriated in or towards satisfaction of a payment which he is required to make under the maintenance order.
4
An order made under paragraph (2) may only authorise a deduction to be made on or after the date on which the payment is required to be made under the maintenance order as registered in, or confirmed by, the court in the United Kingdom, including any variation for the time being made to that order by such a court.
5
An order made under paragraph (3) may only authorise a deduction to be made on or after the date on which the payment is required to be made under the maintenance order.
6
An order made under paragraph (3) may provide —
a
that it shall continue in force for a specified period, or
b
that it shall continue in force until the occurrence of a specified event,
and for the earlier termination of the order if a specified event has not occurred within a specified period.
7
Subject to paragraphs (4) and (5), the Defence Council, or an officer authorised by them, may by order vary an order made under this regulation.
8
The Defence Council, or an officer authorised by them, may by order revoke an order made under this regulation.
9
The Defence Council, or an officer authorised by them, may treat an order made under this regulation as being in suspense during any period in which the relevant person’s pay is suspended.
10
In this regulation —
a
a reference to a maintenance order being registered in a court in the United Kingdom means registered in such a court under —
i
the Maintenance Orders (Facilities for Enforcement) Act 1920 ;
ii
Part 1 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 ;
iii
Part 1 of the Civil Jurisdiction and Judgments Act 1982 ; or
iv
the 2000 Council Regulation;
b
a reference to a maintenance order confirmed by a court in the United Kingdom means confirmed in such a court under the Maintenance Orders (Facilities for Enforcement) Act 1920.
“Maintenance order”, “spouse” and “civil partner”
9
1
Subject to paragraph (2), in regulations 7 and 8 “maintenance order” means an order requiring a relevant person to make a payment for or in respect of —
a
the maintenance of his spouse or civil partner;
b
the maintenance of any child of his, his spouse or his civil partner;
c
the maintenance of any other child who has been treated by him and his spouse, or by him and his civil partner, as a child of their family;
d
any costs incurred in obtaining an order within sub-paragraph (a), (b) or (c); or
e
any costs incurred in proceedings on appeal against, or for the variation, revocation or revival of an order within sub-paragraph (a), (b) or (c).
2
For the purposes of regulation 8, “order” in paragraph (1) includes an authentic instrument or court settlement as referred to in —
a
section 13 of the Civil Jurisdiction and Judgments Act 1982, or
b
the 2000 Council Regulation,
and the expression “maintenance order” is to be read accordingly.
3
References in paragraph (1) to the spouse of a relevant person include, in relation to an order made in proceedings in connection with the dissolution or annulment of a marriage, references to the person who would have been his spouse if the marriage had subsisted.
4
References in paragraph (1) to the civil partner of a relevant person include, in relation to an order made in proceedings in connection with the dissolution or annulment of a civil partnership, references to the person who would have been his civil partner if the civil partnership had subsisted.
Deduction from pay – child maintenance
10
1
Subject to paragraph (2), the Defence Council, or an officer authorised by them, may make an order authorising a deduction to be made from the pay of a relevant person and to be appropriated in or towards satisfaction of any obligation of his to make a periodical payment in respect of a child in accordance with a maintenance calculation or maintenance assessment made under the 1991 Act or the 1991 Order .
2
An order made under paragraph (1) may only authorise a deduction to be made on or after the date on which the relevant person is obliged to make the periodical payment.
3
Subject to paragraph (2), the Defence Council, or an officer authorised by them, may by order vary an order made under paragraph (1).
4
The Defence Council, or an officer authorised by them, may by order revoke an order made under paragraph (1).
5
The Defence Council, or an officer authorised by them, may treat an order made under paragraph (1) as being in suspense during any period in which the relevant person’s pay is suspended.
6
In this regulation —
a
“the 1991 Act” means the Child Support Act 1991 ;
b
“the 1991 Order” means the Child Support (Northern Ireland) Order 1991 .
Deduction from pay – judgment or order enforceable by a United Kingdom court
11
1
Subject to paragraphs (2) and (3), the Defence Council, or an officer authorised by them, may make an order authorising a deduction to be made from the pay of a relevant person and to be appropriated in or towards satisfaction of any amount required to be paid by him by virtue of any judgment or order enforceable by a court in the United Kingdom.
2
Paragraph (1) shall not apply to —
a
a relevant sum within regulation 4(1);
b
any payment in respect of which a deduction may be authorised under regulation 7(1) or 8(2); or
c
any sum in respect of which a deduction may be made by virtue of section 32(2)(b) of the Court Martial Appeals Act 1968 .
3
An order made under paragraph (1) may only authorise a deduction to be made on or after the date on which the amount is required to be paid.
4
Subject to paragraph (3), the Defence Council, or an officer authorised by them, may by order vary an order made under paragraph (1).
5
The Defence Council, or an officer authorised by them, may by order revoke an order made under paragraph (1).
6
The Defence Council, or an officer authorised by them, may treat an order made under paragraph (1) as being in suspense during any period in which the relevant person’s pay is suspended.
PART 2 TRANSITIONAL PROVISIONS
Forfeiture of pay – absence from duty
12
1
References in regulation 3 to absence include absence before the time at which these Regulations come into force.
2
The reference in regulation 3(1)(a) to an offence under section 8 or 9 is to be read as including an offence under section 37 or 38 of AA 1955, section 37 or 38 of AFA 1955 or section 15 or 17 of NDA 1957.
3
The reference in regulation 3(1)(b) to a relevant sentence is to be read as including a sentence of imprisonment or detention awarded under Part 2 of AA 1955, Part 2 of AFA 1955 or Part 1 of NDA 1957.
4
The references in regulation 3(1)(f) to being convicted of a service offence are to be read as including being convicted of an offence under Part 2 of AA 1955, Part 2 of AFA 1955 or Part 1 of NDA 1957.
5
In regulation 3(1)(f)(ii) “a charge against him has been determined to have been proved at a summary hearing under section 131” is to be read as including being found guilty of an offence under Part 2 of AA 1955, Part 2 of AFA 1955 or Part 1 of NDA 1957 and “was determined to have been proved” in regulation 3(1)(f) is to be read accordingly.
6
In regulation 3(1)(g) —
a
the references to Part 1 of the Act are to be read as including Part 2 of AA 1955, Part 2 of AFA 1955 or Part 1 of NDA 1957; and
b
“a charge against him in respect of an offence under Part 1 of the Act has determined to have been proved at a summary hearing under section 131” is to be read as including being found guilty of an offence under Part 2 of AA 1955, Part 2 of AFA 1955 or Part 1 of NDA 1957.
7
The reference in regulation 3(1)(h) to being convicted of an offence under section 5(2) is to be read as including being convicted of an offence under section 25(1)(e) of AA 1955 or section 25(1)(e) of AFA 1955 or being convicted or found guilty of an offence under section 3(1)(e) of NDA 1957.
8
The reference in regulation 3(1)(i) to an offence under section 1(2) is to be read as including an offence under section 25(1)(d) of AA 1955, section 25(1)(d) of AFA 1955 or section 3(1)(d) of NDA 1957.
Deduction from pay – compensation for damage to or the loss of property
13
In regulation 5 —
a
in its paragraph (1) the reference to section 24 is to be read as including section 44 or 44A of AA 1955, section 44 or 44A of AFA 1955 or section 29 or 29A of NDA 1957;
b
in its paragraph (2) the references to a service offence are to be read as including an offence under Part 2 of AA 1955, Part 2 of AFA 1955 or Part 1 of NDA 1957;
c
in its paragraph (2)(a) the reference to making a service compensation order is to be read as including awarding stoppages within the meaning of section 225(1) of AA 1955, section 223(1) of AFA 1955 or section 43(1)(l) of NDA 1957 in respect of that damage to, or the loss of, property;
d
in its paragraph (2)(b)(ii) the reference to a charge being determined not to have been proved is to be read as including —
i
a charge being dismissed under AA 1955 or AFA 1955; or
ii
acquittal by an appropriate superior authority or commanding officer under NDA 1957;
e
in its paragraph (2)(b)(iii) the reference to the Summary Appeal Court is to be read as including a summary appeal court constituted under section 83ZA of AA 1955, section 83ZA of AFA 1955 or section 52FF of NDA 1957.
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
24th April 2009


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Air Navigation (Single European Sky) (Penalties) Order 2009 and comes into force on 1st September 2009.
Interpretation
2
1
In this Order —
“authorised person” means the CAA , any constable and any person authorised by the CAA (whether by name or by class or description) either generally or in relation to a particular case or class of cases;
“the common charging scheme regulation” means Commission Regulation ( EC ) No 1794/2006 laying down a common charging scheme for air navigation services ;
“the common requirements regulation” means Commission Regulation (EC) No 2096/2005 laying down common requirements for the provision of air navigation services ;
“the interoperability regulation” means Regulation (EC) No 552/2004 of the European Parliament and of the Council on the interoperability of the European Air Traffic Management network ;
“notified” has the same meaning as in article 155 of the Air Navigation Order 2005 ;
“the service provision regulation” means Regulation (EC) No 550/2004 of the European Parliament and of the Council on the provision of air navigation services in the single European sky .
2
Expressions used in this Order that are defined in article 2 of Regulation (EC) No 549/2004 of the European Parliament and of the Council laying down the framework for the creation of the single European sky have the same meaning in this Order as in that Regulation.
3
Other expressions used in this Order have the same meaning as in the service provision regulation.
Provision of air navigation services
3
A person must not provide any air navigation services without the certification required for the provision of such services by article 7.1 of the service provision regulation.
Provision of air traffic services
4
Where the CAA designates an air traffic service provider to provide air traffic services on an exclusive basis within a specific airspace block under article 8.1 of the service provision regulation —
a
it must ensure that the terms of that designation are notified, and
b
no other air traffic services provider may provide air traffic services within that airspace block contrary to those notified terms.
Provision of meteorological services
5
A person must not provide any meteorological services in airspace for which a provider of meteorological services has been notified as having been designated on an exclusive basis under article 9.1 of the service provision regulation, unless he is the designated provider.
Relations between service providers
6
Air navigation service providers must not avail themselves of the services of other air navigation service providers that have not been certified in the Community under article 7.1 of the service provision regulation.
Safeguards relating to the use of the European air traffic management network
7
A person must not make use of any system or constituent of the European air traffic management network contrary to —
a
a prohibition on its use, or
b
a restriction on the area of its application,
established by the CAA under article 7.1 of the interoperability regulation and notified by it.
Compliance monitoring
8
1
For the purpose of monitoring compliance with the measures laid down for the development of a charging scheme in the common charging scheme regulation, authorised persons have the right to undertake inspections and surveys using any of the powers described in article 17 of that regulation.
2
For the purpose of monitoring compliance with the requirements laid down for the provision of air navigation services in the common requirements regulation, authorised persons have the right to undertake inspections and surveys using any of the powers described in article 6 of that regulation.
3
In order to facilitate inspections and surveys under paragraphs (1) or (2) by an authorised person, an air navigation service provider must within a reasonable time after being requested to do so by an authorised person —
a
cause to be produced to that person documents, records, data or other material relevant to the provision of air navigation services or the establishment of air navigation charges, as the case may be;
b
make available such facilities and equipment that he possesses that may reasonably be required by that authorised person for the purpose of examining or taking copies of or extracts from documents, records, data or other material relevant to the provision of air navigation services or the establishment of air navigation charges, as the case may be; and
c
provide such oral explanations as may be requested on site by that authorised person.
4
Insofar as an authorised person may require to visit relevant premises, lands or means of transport of an air navigation service provider for the purpose of exercising the right described in paragraph (1), that right and the related obligations of that air navigation service provider under paragraph (3) do not arise until after at least 24 hours notice of that visit is given by the authorised person to that provider.
Offences in relation to documents, records and explanations etc.
9
1
A person must not, with intent to deceive —
a
use any certificate or any designation issued or required by or under article 7, 8 or 9 of the service provision regulation which has been forged, altered, revoked or suspended, or to which he is not entitled;
b
lend any certificate or any designation issued, having effect or required by or under article 7, 8 or 9 of the service provision regulation to, or allow it to be used by, any other person;
c
make any false representation for the purpose of procuring for himself or any other person the issue of any such certificate or designation;
d
make a declaration for the purpose of article 5.2 or 6.2 of the interoperability regulation that is false in any material particular; or
e
on the occasion of an inspection or survey under article 6 of the common requirements regulation or article 17 of the common charging scheme regulation, provide false documents, records, data or other material or false oral explanations.
2
In paragraph (1) a reference to a certificate or designation includes a copy or purported copy.
Obstruction of persons
10
A person must not intentionally obstruct or impede an authorised person using any of the powers referred to in article 8(1) or (2) when undertaking an inspection or survey under that article.
Penalties
11
1
Any person who —
a
fails to comply with any obligation imposed upon him under a designation made under article 8 of the service provision regulation;
b
fails to formalise, notify or secure the required approval of any working relationship under article 10 of the service provision regulation;
c
contravenes article 5.1 or 5.2 of the common requirements regulation;
d
fails to take the corrective action imposed upon him by the CAA under article 5.4 of the common requirements regulation
is guilty of an offence and is liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine or imprisonment for a term not exceeding two years or both.
2
Any person who fails to comply with any obligation imposed upon him by —
a
articles 3, 4(b), 6 or 9, or
b
article 8(3) (insofar as this article relates to an inspection or survey to monitor compliance with the requirements laid down for the provision of air navigation services in the common requirements regulation),
is guilty of an offence and is liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine or imprisonment for a term not exceeding two years or both.
3
Any person who fails to comply with any obligation imposed upon him by —
a
article 5, or
b
a designation made under article 9 of the service provision regulation,
is guilty of an offence and is liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
4
Any person who fails to comply with any obligation imposed upon him —
a
by articles 7, 8(3) (insofar as this article relates to an inspection or survey to monitor compliance with the measures laid down for the development of a charging scheme in the common charging scheme regulation) or 10,
b
to provide an EC declaration of conformity or suitability for use as required by article 5.2 of the interoperability regulation,
c
to provide an EC declaration of verification as required by article 6.2 of the interoperability regulation,
d
to submit to the CAA the declaration referred to in sub-paragraph (c) together with the technical file as required by the said article 6.2, or
e
to provide the CAA, within a reasonable time after being requested so to do, with such additional information as the CAA may require under the said article 6.2,
is guilty of an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
5
Any air navigation service provider who contravenes article 5.1, 6.1, 6.2, 7, 8.1 or 11 of the common charging scheme regulation is guilty of an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Defence
12
In any proceedings for an offence under article 11(1), (2), (3)(a), (4)(a) or (b) of this Order, it is a defence for the person charged to prove that person took all reasonable steps and exercised all due diligence to ensure that the article in question was complied with.
Offences by body corporate
13
1
Where a body corporate is guilty of an offence under this Order and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, that person as well as the body corporate is guilty of that offence and is liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
3
Where an offence under this Order is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner as well as the partnership is guilty of that offence and is liable to be proceeded against and punished accordingly.
Judith Simpson
Clerk of the Privy Council


text:
1
This Order may be cited as the Severn Bridges Toll Order 2009 and shall, in accordance with section 9(2)(b) of the Severn Bridges Act 1992 (in this Order referred to as “ the Act ”), come into force on 1st January 2010.
2
The tolls leviable in respect of vehicles within the categories referred to in section 8(1) of the Act using either of the bridges shall be as follows:
Category 1 vehicles £5.50 Category 2 vehicles £10.90 Category 3 vehicles £16.40
3
The Severn Bridges Tolls Order 2008 is hereby revoked.
Signed by authority of the Secretary of State for Transport
Sadiq Khan
Minister of State,
Department for Transport
16th December 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) (Over the Counter) Regulations 2009 and shall come into force on 18th December 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 18th December 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 18th December 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 over the counter for a traded security;
“client” means a person who gives instructions to a non-clearing firm for traded securities to be sold or transferred over-the-counter;
the “Directive” means Directive 2004/39/ EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments, as amended from time to time;
“EuroCCP” means European Central Counterparty Limited, a body corporate which is a recognised clearing house under 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 over the counter, or as a nominee for a clearing participant, non-clearing firm or client (as the case may be);
“non-clearing firm” means any person who uses a clearing participant for the purpose of clearing over the counter transactions in traded securities through EuroCCP;
“over the counter” means a transaction in traded securities made other than on a recognised investment exchange;
“recognised investment exchange” means a recognised investment exchange within the meaning of the Financial Services and Markets Act 2000, a regulated market within the meaning of the Directive or a multilateral trading facility within the meaning of the Directive; and
“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 clearing house
3
For the purposes of sections 116 and 117 of the Finance Act 1991 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 over the counter, 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,
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,
c
a clearing participant or a nominee of a clearing participant to EuroCCP or to a nominee of that clearing house,
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, or matching agreements, to another person or, in the case of an agreement falling within sub-paragraph (d), would have been so required if the failure referred to in that sub-paragraph had not occurred.
5
In this regulation —
a
“matching agreement or matching agreements” means an agreement or agreements 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 in total 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 house in its capacity as a person providing clearing services in connection with a transaction made over the counter;
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.
Frank Roy
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
25th November 2009


text:
Citation and commencement
1
These Regulations may be cited as the Armed Forces (Terms of Service) (Amendment) Regulations 2009, and shall come into force on 31st October 2009.
Interpretation
2
In these Regulations —
“the Army Regulations ” means the Army Terms of Service Regulations 2007 ;
“the RAF Regulations ” means the Royal Air Force Terms of Service Regulations 2007 ;
“the RM Regulations ” means the Royal Marines Terms of Service Regulations 2006 ;
“the RN Regulations ” means the Royal Navy Terms of Service (Ratings) Regulations 2006 .
The RN Regulations
3
1
Regulation 2 of the RN Regulations (application and interpretation) is amended as follows.
2
In paragraph (1) —
a
for “entry” substitute “enlistment”; and
b
for “have so entered” substitute “have so enlisted”.
3
In paragraph (2) —
a
omit the definition of “commanding officer”; and
b
for the definition of “competent naval authority” substitute —
“the competent naval authority” means the Defence Council, the Admiralty Board, the Naval Secretary or any person authorised by him;
.
4
1
Regulation 3 of the RN Regulations (duration of terms of service) is amended as follows.
2
In each of paragraphs (1) and (2), for “entered” substitute “enlisted”.
3
In paragraph (1), for “entry to service” substitute “enlistment for service”.
4
In paragraph (2), for “entry to” substitute “enlistment in”.
5
Omit paragraph (3).
5
For regulation 6 of the RN Regulations substitute —
Service in the reserve
6
A person transferred to the reserve in consequence of the exercise of a right conferred by regulation 4 shall serve in the reserve for a period beginning on the date of his transfer and ending —
a
6 years later, or
b
on the date on which his service in the Royal Navy would have ended if he had not exercised the right to transfer to the reserve,
whichever is the sooner, or for such shorter period as the competent naval authority may approve.
6
1
Regulation 7 of the RN Regulations (right of recruit to claim discharge) is amended as follows.
2
In paragraph (1), for “a person who enters the Royal Navy who has not previously so entered” substitute “a person who enlists in the Royal Navy and has not previously so enlisted, or whose only previous such enlistment was determined to be invalid by an approving officer under regulations made under section 328 of the Armed Forces Act 2006 (c. 52) ,”.
3
In paragraph (2), for “entered service with” substitute “enlisted in”.
4
In paragraph (3), for “paragraph (4)” substitute “regulations made under section 331 of the Armed Forces Act 2006”.
5
Omit paragraph (4).
6
In paragraph (5), for “either on leave or for an unauthorised purpose” substitute “on leave”.
7
1
Regulation 8 of the RN Regulations (continuance in service) is amended as follows.
2
In paragraph (1) —
a
for “entered in the Royal Navy” substitute “enlisted in the Royal Navy”;
b
for “the term for which he is entered” substitute “the term for which he is enlisted or entered (as the case may be)”.
3
In paragraph (4), for “entered” substitute “enlisted”.
8
After regulation 8 of the RN Regulations insert —
Re-entry
8A
A person serving in the reserve by virtue of these Regulations or any previous enactment may apply to the competent naval authority to re-enter service in the Royal Navy and —
a
be treated as if he had been serving in the Royal Navy while he was serving in the reserve,
b
serve in the Royal Navy for the remainder of the period for which he would have been liable to serve in the reserve if he had not re-entered service in the Royal Navy, or
c
serve in the Royal Navy for a specified part of that remainder, and in the reserve for the rest of that remainder,
and if the application is granted he shall re-enter service in the Royal Navy on the terms specified in the application.
9
Omit Schedule 1 to the RN Regulations (competent naval authorities).
The RM Regulations
10
In regulation 2(2) of the RM Regulations (interpretation) —
a
omit the definition of “commanding officer”; and
b
for the definition of “competent authority” substitute —
“the competent authority” means the Defence Council, the Admiralty Board, the Naval Secretary or any person authorised by him;
.
11
1
Regulation 3 of the RM Regulations (duration of terms of enlistment) is amended as follows.
2
In each of paragraphs (1) and (2), for “attestation” substitute “enlistment”.
3
Omit paragraph (3).
12
For regulation 6 of the RM Regulations substitute —
Service in the reserve
6
A person transferred to the reserve in consequence of the exercise of a right conferred by regulation 4 shall serve in the reserve for a period beginning on the date of his transfer and ending —
a
6 years later, or
b
on the date on which his service in the Royal Marines would have ended if he had not exercised the right to transfer to the reserve,
whichever is the sooner, or for such shorter period as the competent authority may approve.
13
1
Regulation 7 of the RM Regulations (right of recruit to claim discharge) is amended as follows.
2
In paragraph (1), after “has not previously so enlisted” insert “, or whose only previous such enlistment was determined to be invalid by an approving officer under regulations made under section 328 of the Armed Forces Act 2006 (c. 52) ,”.
3
In paragraph (2), for “attestation” substitute “enlistment”.
4
In paragraph (3), for “paragraph (4)” substitute “regulations made under section 331 of the Armed Forces Act 2006”.
5
Omit paragraph (4).
6
In paragraph (5), for “either on leave or for an unauthorised purpose” substitute “on leave”.
14
After regulation 8 of the RM Regulations insert —
Re-entry
8A
A person serving in the reserve by virtue of these Regulations or any previous enactment may apply to the competent authority to re-enter service in the Royal Marines and —
a
be treated as if he had been serving in the Royal Marines while he was serving in the reserve,
b
serve in the Royal Marines for the remainder of the period for which he would have been liable to serve in the reserve if he had not re-entered service in the Royal Marines, or
c
serve in the Royal Marines for a specified part of that remainder, and in the reserve for the rest of that remainder,
and if the application is granted he shall re-enter service in the Royal Marines on the terms specified in the application.
15
Omit Schedule 1 to the RM Regulations (competent authorities).
The Army Regulations
16
In regulation 2(3) of the Army Regulations (interpretation) —
a
omit the definition of “the 1955 Act”;
b
for the definition of “competent military authority” substitute —
“the competent military authority” means the Defence Council, the Army Board, the Director of Manning (Army) or any person authorised by him;
; and
c
for the definition of “recruit” substitute —
“recruit” means a person enlisted in the regular army who has not previously been so enlisted, or whose only previous such enlistment was determined to be invalid by an approving officer under regulations made under section 328 of the Armed Forces Act 2006 (c. 52) ;
.
17
In regulation 7(9) of the Army Regulations (local service engagement), in the definition of “recruiting officer” for “section 1 of the 1955 Act” substitute “regulations made under section 328 of the Armed Forces Act 2006”.
18
1
Regulation 9 of the Army Regulations (right of recruit to determine service) is amended as follows.
2
In paragraph (1), after “this regulation” insert “and to regulations made under section 331 of the Armed Forces Act 2006”.
3
Omit paragraph (4).
19
1
Regulation 14 of the Army Regulations (re-entry into army service) is amended as follows.
2
Omit “or by virtue of having enlisted for a term partly of army service and partly of service in the reserve,”.
3
In paragraph (a), for “Part 1 of the 1955 Act” substitute “regulations made under Part 14 of the Armed Forces Act 2006”.
20
After regulation 16 of the Army Regulations insert —
Transfer between corps
16A
1
This regulation applies to a person if he is —
a
a member of the regular army of or below the rank of warrant officer; or
b
a member of the Army Reserve of or below the rank of warrant officer who is in permanent service on call-out under any provision of the Reserve Forces Act 1980 (c. 9) or the Reserve Forces Act 1996 (c. 14) .
2
A person to whom this regulation applies may be transferred without his consent from the corps to which he was enlisted, assigned or transferred to another corps if the competent military authority so decides —
a
having regard to a reorganisation of the whole or of a part of the regular army or of the Army Reserve; or
b
when a call-out order under section 52 or 54 of the Reserve Forces Act 1996 is in force authorising the call out for permanent service of members of the reserve forces.
3
Where a person is transferred between corps under paragraph (2), the competent military authority may vary his terms and conditions of service so as to correspond, or more closely to correspond, with those of persons enlisted in the corps to which he is transferred.
21
Omit regulation 17 of the Army Regulations (competent military authorities).
22
In regulation 19(1) of the Army Regulations (savings), for “terms” substitute “term”.
The RAF Regulations
23
1
Regulation 2 of the RAF Regulations (interpretation) is amended as follows.
2
In paragraph (1) —
a
omit the definition of “the Act”;
b
in the definition of “air force service”, for “regular air force” substitute “Royal Air Force”;
c
after that definition, insert —
“the competent air force authority” means the Defence Council, the Air Force Board, the Air Secretary or any person authorised by him;
;
d
for the definition of “recruit” substitute —
“recruit” means a person enlisted in the Royal Air Force who has not previously been so enlisted, or whose only previous such enlistment was determined to be invalid by an approving officer under regulations made under section 328 of the Armed Forces Act 2006 (c. 52) ;
; and
e
in the definition of “the relevant date”, for “attestation” substitute “enlistment”.
3
Omit paragraph (2).
24
1
Regulation 3 of the RAF Regulations (duration of terms of enlistment) is amended as follows.
2
In paragraph (1), for “attestation” substitute “enlistment”.
3
Omit paragraph (3).
25
1
Regulation 8 of the RAF Regulations (right of recruits to determine service) is amended as follows.
2
In paragraph (1), after “this regulation” insert “and to regulations made under section 331 of the Armed Forces Act 2006”.
3
In paragraph (2) —
a
omit “excluding leave”; and
b
for “attestation” substitute “enlistment”.
4
After paragraph (2) insert —
2A
In calculating any period of time referred to in this regulation, no account shall be taken of any day during which the recruit was absent on leave either for the whole or part of the day.
5
Omit paragraph (3).
26
In regulation 12(3) of the RAF Regulations (restrictions on the exercise of certain rights), for “Part I of the Act” substitute “Part 1 of the Air Force Act 1955 (c. 19) ”.
27
Omit regulation 17 of, and Schedule 1 to, the RAF Regulations (competent air force authorities).
28
In paragraph 1(c) of Schedule 2 to the RAF Regulations (transitional provisions in respect of women enlisted before 1st April 1986), for the paragraph added by that sub-paragraph to regulation 4 of those Regulations substitute —
4
Where a woman in exercise of a right conferred by this regulation serves a notice under regulation 10 and such notice expires at a time when a call-out order under section 52 of the Reserve Forces Act 1996 (c. 14) is in force authorising the call out for permanent service of members of the reserve forces, the woman’s service shall not be determined so long as such a call-out order is in force.
Transitional provisions
29
The Schedule shall have effect.
Kevan Jones
Bill Jeffrey
Members of the Defence Council
Ministry of Defence
31st March 2009


text:
Citation and commencement
1
These Regulations may be cited as the Health Service Branded Medicines (Control of Prices and Supply of Information) Amendment Regulations 2009 and shall come into force on 1st January 2010.
Amendment of the Health Service Branded Medicines (Control of Prices and Supply of Information) ( No. 2) Regulations 2008
2
In regulation 2 of the Health Service Branded Medicines (Control of Prices and Supply of Information) (No. 2) Regulations 2008 , in paragraphs (1) and (2), for “3.9 per cent” substitute “5.8 per cent”.
Signed by authority of the Secretary of State for Health
Gillian Merron
Minister of State,
Department of Health
16th November 2009


text:
This Order may be cited as the General Medical Council (Restoration following Administrative Erasure) (Amendment) Regulations Order of Council 2009 and shall come into force on 16th November 2009.
Judith Simpson
Clerk of the Privy Council


text:
Application, citation and commencement
1
This Order, which applies to England only, may be cited as the Non-Domestic Rating (Small Business Rate Relief) (England) (Amendment) (No.2) Order 2009 and shall come into force on 1st April 2010.
Amendments to the Non-Domestic Rating (Small Business Rate Relief) (England) Order 2004
2
The Non-Domestic Rating (Small Business Rate Relief) (England) Order 2004 is amended as follows.
Conditions for relief
3
In article 3 —
a
in paragraph (3)(a) for “£21,499” substitute “£25,499”;
b
in paragraph (3)(b) for “£14,999” substitute “£17,999”;
c
in paragraph (4), for “The” substitute “Subject to paragraphs (8) and (9), the”;
d
in paragraph (6)(b) for “£2,199” substitute “£2,599”;
e
after paragraph (7) insert the following —
8
Where —
a
in respect of a valuation period (“the first valuation period”), a ratepayer has served an application under paragraph (4) on the billing authority concerned (“the existing application”);
b
the ratepayer has not served on the billing authority concerned an application in respect of the valuation period which follows the first valuation period (“the new valuation period”); and
c
on the first day of the new valuation period the conditions in paragraphs (2), (3) and (5) of this article are fulfilled as regards the hereditament and the ratepayer,
the existing application, in addition to its effect as regards the first valuation period, shall be treated as also having effect as an application under paragraph (4) served by the ratepayer in respect of the hereditament and the new valuation period; and the other provisions of this Order shall be construed accordingly.
9
Where —
a
in respect of the first valuation period, a ratepayer has served an application under paragraph (4) on the billing authority concerned (“the existing application”);
b
paragraph (8) applies as regards the existing application;
c
the ratepayer has not served on the billing authority concerned an application under paragraph (4) as regards the hereditament and the subsequent relevant valuation period concerned; and
d
on the first day of the subsequent relevant valuation period concerned the conditions in paragraphs (2), (3) and (5) of this article are fulfilled as regards the hereditament and the ratepayer,
the existing application, in addition to its effect as regards the first valuation period and the new valuation period, shall be treated as also having effect as an application under paragraph (4) served by the ratepayer in respect of the hereditament and the subsequent valuation period concerned; and the other provisions of this Order shall be construed accordingly.
10
In paragraph (9) “subsequent relevant valuation period” means a valuation period beginning at any time after the end of the new valuation period, so long as on the first day of —
a
the valuation period concerned; and
b
each valuation period falling between the end of the new valuation period and the beginning of the valuation period concerned (if any),
such conditions as apply on that first day by virtue of this article are fulfilled as regards the hereditament and the ratepayer.
.
Amount of E
4
In article 6 —
a
for “£5,000”, in each place, substitute “£6,000”;
b
for “£10,000”, in each place, substitute “£12,000”; and
c
in paragraph (1)(b), for “10,000” substitute “12,000”.
Form of application
5
For the Schedule substitute —
SCHEDULE
FORM OF APPLICATION
Article 4
Signed by authority of the Secretary of State for Communities and Local Government
Barbara Follett
Parliamentary Under Secretary of State
Department for Communities and Local Government
3rd December 2009


text:
1
This Order may be cited as the Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Educational Recording Agency Limited) (Amendment) Order 2009 and comes into force on 1st April 2009.
2
1
The 2007 Order is amended as follows.
2
In paragraph 8 of the licensing scheme set out in the Schedule to the 2007 Order delete the reference to “Association de Geston Internationale Collective des Oeuvres Audiovisuelles (“ AGICOA ”)” and substitute “Association de Gestion Internationale Collective des Oeuvres Audiovisuelles (“AGICOA”)”.
3
For paragraph 17 of the licensing scheme set out in the Schedule to the 2007 Order substitute the paragraph set out in the Schedule to this Order.
David Lammy
Minister of State for Higher Education and Intellectual Property
Department for Innovation, Universities and Skills
8th January 2009