text:
PART 1
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Margate Pier (Turner Centre) Order 2005 and shall come into force on 29th April 2005.
Interpretation
2
1
In this Order —
“the Act of 1961 ” means the Land Compensation Act 1961 ;
“the Act of 1965 ” means the Compulsory Purchase Act 1965 ;
“the Applications Rules ” means the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000;
“authorised works” means the scheduled works and any other works authorised by this Order;
“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;
“the construction limits” means the limits of construction activity as shown on the land plan;
“ the Council ” means the Kent County Council;
“the deposited sections” means the sections certified by the Secretary of State as the deposited sections for the purposes of this Order;
“the harbour” means the harbour of Margate in the County of Kent as described in article 2 (interpretation) of the Margate Pier and Harbour Order 1992 ;
“the harbour master” means the harbour master for the harbour;
“the land plan” means the plan certified by the Secretary of State as the land plan for the purposes of this Order;
“the limits of deviation” in relation to a work, means the limits of deviation related to that work which are shown on the works plan;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“the Order limits” means the limits of deviation and the temporary limits;
“owner”, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of land (whether in possession or reversion) and includes a person holding, or entitled to the rents and profits of, the land under a lease or tenancy having an unexpired term exceeding 3 years;
“the scheduled works” means the works specified in Schedule 1 to this Order;
“the stone pier” means the Stone Pier at the harbour;
“the temporary limits” means —
the limits of land to be used temporarily as shown on the land plan, described in the book of reference and specified in columns (1) and (2) of Schedule 3 to this Order; and
the construction limits;
“tidal work” means so much of any authorised work as is on, under or over tidal waters or tidal land below the level of mean high water springs;
“ tribunal ” means the Lands Tribunal;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond; and
“the works plan” means the plan described in rule 12(1)(a) of the Applications Rules prepared in connection with the application for this Order certified by the Secretary of State as the works plan for the purposes of this Order.
2
References in this Order to rights over land include references to rights to do, or to place and maintain, anything in or on land or in the air-space over its surface.
3
All directions, distances and dimensions stated in any description of works or powers shall be construed as if the words “or thereabouts” were inserted after each such reference.
4
Any references in this Order to a work identified by the number or number and letter of the work shall be construed as a reference to the work of that number or number and letter authorised by this Order.
PART 2
WORKS PROVISIONS
Power to construct and maintain works
3
1
The Council may construct and maintain the scheduled works.
2
Subject to article 4, the scheduled works shall be constructed in the lines or situations shown on the works plan and in accordance with the levels shown on the deposited sections.
3
Subject to paragraphs (5) to (8), the Council may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works, namely —
a
buildings on the stone pier, including or incorporating shops, reception areas, refreshment facilities, educational facilities and other facilities;
b
the provision of access to or from the scheduled works;
c
temporary or permanent landing places, jetties or moorings or other means of accommodating vessels in the construction or maintenance of the scheduled works;
d
buoys, beacons, fenders and other navigational warning or ship impact protection works;
e
works to alter the position of apparatus, including mains, sewers, drains and cables;
f
landscaping and other works to mitigate any adverse effects of the construction, maintenance, use or operation of the other authorised works; and
g
works for the benefit or protection of land affected by the authorised works.
4
Subject to paragraph (6), the Council may carry out and maintain such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works.
5
Paragraphs (3)(a), (f) and (g) shall only authorise the carrying out or maintenance of works within the limits of deviation.
6
Paragraph (3)(b) and (4) shall only authorise the carrying out and maintenance of works on the stone pier.
7
Paragraph (3)(c) and (d) shall only authorise the carrying out and maintenance of works within such part of the Order limits as lies below the level of mean high water springs.
8
Paragraph (3)(e) shall only authorise the carrying out or maintenance of works within the Order limits.
Power to deviate
4
1
In constructing or maintaining any of the scheduled works, the Council may —
a
deviate laterally from the lines or situations shown on the works plan within the limits of deviation relating to that work shown on that plan; and
b
deviate vertically from the levels shown on the deposited sections —
i
to any extent not exceeding 3 metres upwards; and
ii
to any extent downwards as may be necessary or expedient.
2
Without prejudice to the generality of paragraph (1), in constructing and maintaining Work No.1B the Council may, to the extent it thinks fit, deviate from the design of the bridge structure shown on the sections, including by varying the height or clearance above the level of the water underneath it.
Discharge of water
5
1
The Council may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction or maintenance of the authorised works and for that purpose may lay down, take up and alter pipes and may, on any land shown on the works plan within the limits of deviation, make openings into, and connections with, the watercourse, sewer or drain.
2
The Council shall not discharge any water into any watercourse, public sewer or drain except with the consent of the authority to which it belongs; and such consent may be given subject to such terms and conditions as the authority may reasonably impose but shall not be unreasonably withheld.
3
The Council shall not make any opening into any public sewer or drain except in accordance with plans approved by, and under the superintendence (if provided) of, the authority to which the sewer or drain belongs, but such approval shall not be unreasonably withheld.
4
The Council shall take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance or oil or matter in suspension.
5
This article does not authorise the entry into controlled waters of any matter whose entry or discharge into controlled waters is prohibited by section 85(1), (2) or (3) of the Water Resources Act 1991 .
6
In this article —
a
“public sewer or drain” means a sewer or drain which belongs to a sewerage undertaker, a local authority or a harbour authority within the meaning of the Harbours Act 1964 ;
b
“watercourse” includes all rivers, tidal rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; and
c
other expressions used both in this article and in the Water Resources Act 1991 have the same meaning as in that Act.
Safeguarding works to stone pier
6
1
Subject to the following provisions of this article the Council may at its own expense and from time to time carry out such safeguarding works to that part of the stone pier lying within the Order limits as the Council considers to be necessary or expedient.
2
Safeguarding works may be carried out —
a
at any time before or during the construction, in the vicinity of the stone pier, of any part of the authorised works; or
b
after the completion of the construction of that part of the authorised works, at any time up to the end of the period of 5 years beginning with the day on which that part of the authorised works is first opened for use.
3
For the purpose of determining how the functions under this article are to be exercised the Council may enter onto and survey any part of the stone pier falling within paragraph (1).
4
For the purpose of carrying out safeguarding works under this article to the stone pier the Council may (subject to paragraphs (5) and (6)) —
a
enter onto the stone pier; and
b
where the works cannot be carried out reasonably conveniently without entering land adjacent to the stone pier, enter the adjacent land (but not any building erected on it).
5
Before exercising —
a
a right under paragraph (1) to carry out safeguarding works to the stone pier;
b
a right under paragraph (3) to enter onto the stone pier;
c
a right under paragraph (4)(a) to enter onto the stone pier; or
d
a right under paragraph (4)(b) to enter land,
the Council shall, except in the case of emergency, serve on the owners and occupiers of the building or land not less than 14 days' notice of its intention to exercise that right and in a case falling within sub-paragraph (a) or (c), specifying the safeguarding works proposed to be carried out.
6
Where notice is served under paragraph (5)(a), (c) or (d), the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question whether it is necessary or expedient to carry out the safeguarding works or to enter onto the stone pier or the land to be referred to arbitration under article 22.
7
The Council shall compensate the owners or occupiers of any land in relation to which the powers of this article have been exercised for any loss or damage arising to them by reason of the exercise of those powers.
8
Where —
a
safeguarding works are carried out under this article to the stone pier; and
b
within the period of 5 years beginning with the day on which the part of the authorised works constructed within the vicinity of the stone pier is first opened for use, it appears that the safeguarding works are inadequate to protect the stone pier against damage caused by the construction or operation of that part of the works,
the Council shall compensate the owners and occupiers of the stone pier for any damage sustained by them.
9
Without prejudice to article 20, nothing in this article shall relieve the Council from any liability to pay compensation under section 10(2) of the Act of 1965.
10
Any compensation payable under paragraph (7) or (8) shall be determined, in case of dispute, under Part I of the Act of 1961.
11
In this article “safeguarding works”, in relation to the stone pier, means —
a
underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the stone pier by the construction, maintenance or operation of the authorised works; and
b
any works the purpose of which is to remedy any damage which has been caused to the stone pier by the construction, maintenance or operation of the authorised works.
Power to survey and investigate land, etc.
7
1
The Council may, for the purposes of this Order —
a
survey or investigate any land within the Order limits;
b
without prejudice to the generality of sub-paragraph (a), make trial holes in such positions as the Council thinks fit on the land to investigate the nature of the surface layer and subsoil and remove soil samples;
c
without prejudice to the generality of sub-paragraph (a), carry out archaeological and ecological investigations on any such land;
d
take steps to protect or remove any flora or fauna on the land where the flora or fauna may be affected by the carrying out of the authorised works;
e
place on, leave on and remove from the land apparatus for use in connection with the exercise of any of the powers conferred by sub-paragraphs (a) to (d); and
f
enter on the land for the purpose of exercising the powers conferred by sub paragraphs (a) to (e).
2
No land may be entered, or equipment placed or left on or removed from the land, under paragraph (1), unless at least 7 days' notice has been served on every owner and occupier of the land.
3
Any person entering land under this article on behalf of the Council —
a
shall, if so required, before or after entering the land produce written evidence of his authority to do so; and
b
may take with him such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes.
4
The Council shall pay compensation for any damage occasioned, by the exercise of the powers conferred by this article, to the owners and occupiers of the land, such compensation to be determined, in the case of dispute, under Part I of the Act of 1961.
Obstruction of construction of works and misuse of works
8
Any person who, without reasonable excuse —
a
obstructs another person from constructing any of the authorised works under the powers conferred by this Order;
b
makes fast to any part of any tidal work;
c
moors or operates any vessel within 5 metres (measured horizontally) of Work No. 1A or 1B;
d
in any other way interferes with any of the authorised works,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Additional powers within tidal waters and tidal land
9
1
Without prejudice to the other powers conferred by this Order or otherwise available to it, the Council may within so much of the Order limits as lies within tidal waters or tidal land below the level of mean high water springs, for the purposes of or in connection with the construction of the authorised works and notwithstanding any interference thereby with any public or private rights —
a
carry out excavations and clearance, dredging, deepening, dumping and pumping operations;
b
use, appropriate and dispose of any materials (including liquids but excluding any wreck within the meaning of Part IX of the Merchant Shipping Act 1995 ) obtained by it in carrying out any such operations;
c
remove or relocate any moorings;
d
remove and relocate any vessel or structure sunk, stranded or abandoned or moored or left (whether lawfully or not);
e
temporarily moor or anchor vessels and structures;
f
temporarily alter, interfere with, occupy and use the banks, bed, foreshores, waters and walls of the harbour;
g
construct, place, maintain and remove temporary works and structures,
in such manner and to such extent as may appear to it to be necessary or convenient.
2
Except in the case of emergency, the Council will use its reasonable endeavours to notify the owner of any mooring and the owner or master of any vessel or structure affected by the proposal to exercise the powers of paragraph (1)(c) or (d) before the exercise of that power.
Prohibitions within tidal waters and tidal land
10
1
Notwithstanding anything in any other enactment or rule of law but subject to the provisions of this article, the Council may, after consulting the harbour master (if any), at any time when it appears to the Council necessary or desirable for the purposes of the construction of the authorised works, by direction close to navigation by all vessels or by any class of vessel the whole or any part of the area within so much of the Order limits as lies within tidal waters or tidal land below the level of mean high water springs.
2
A direction under paragraph (1) shall specify the duration of the closure, the area affected and the vessel to which it applies.
3
A person may not, without the written consent of the Council, within any part of the area within the Order limits, during a period when it is closed to navigation under this article —
a
navigate any vessel or cause or permit a vessel to be moored if the vessel concerned is subject to the closure;
b
lay down or place any mooring or apparatus, including mains, sewers, drains and cables; or
c
undertake or cause or permit any other operation or activity.
4
Any person who contravenes the requirements of paragraph (3) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
5
Except in an emergency, the Council shall publish notice of any direction given under paragraph (1) in a newspaper circulating in the District of Thanet not less than 14 days before the direction is to take effect.
6
In giving a direction pursuant to paragraph (1), the Council shall ensure that no greater area is closed to navigation at any time by all vessels, or by any class of vessel, than is at that time necessary in the circumstances.
7
A direction given under this article may be varied or revoked by a subsequent direction given under this article.
Protection of navigation
11
Schedule 2 to this Order shall have effect.
PART 3
TEMPORARY POSSESSION OF LAND
Temporary use of land for construction of works
12
1
The Council may, in connection with the carrying out of the authorised works —
a
enter upon and take temporary possession of the land specified in columns (1) and (2) of Schedule 3 to this Order for the purpose specified in relation to that land in column (3) of that Schedule relating to the authorised works specified in column (4) of that Schedule;
b
remove any buildings and vegetation from that land; and
c
construct temporary works (including the provision of means of access) and buildings on the land.
2
Not less than 28 days before entering upon and taking temporary possession of land under this article the Council shall serve notice of the intended entry on the owners and occupiers of the land.
3
The Council may not, without the agreement of the owners of the land, remain in possession of any land under this article after the end of the period of one year beginning with the date of completion of the works specified in relation to that land in column (4) of Schedule 3 to this Order.
4
Before giving up possession of land of which temporary possession has been taken under this article, the Council shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the Council shall not be required to replace a building removed under this article.
5
The Council shall pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.
6
Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to the amount of the compensation, shall be determined under Part I of the Act of 1961.
7
Without prejudice to article 20, nothing in this article shall affect any liability to pay compensation under section 10(2) of the Act of 1965 or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (5).
8
Where the Council takes possession of land under this article, they shall not be required to acquire the land or any interest in it.
9
In this article “building” includes any structure or other erection.
Temporary use of land for maintenance of works
13
1
At any time during the maintenance period relating to any of the scheduled works, the Council may —
a
enter upon and take temporary possession of any land within 20 metres from that work if such possession is reasonably required for the purpose of, or in connection with, maintaining the work or any ancillary works connected with it; and
b
construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.
2
Paragraph (1) shall not authorise the Council to take temporary possession of —
a
any house or garden belonging to a house; or
b
any building (other than a house) if it is for the time being occupied.
3
Not less than 28 days before entering upon and taking temporary possession of land under this article the Council shall serve notice of the intended entry on the owners and occupiers of the land.
4
The Council may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance works for which possession of the land was taken.
5
Before giving up possession of land of which temporary possession has been taken under this article, the Council shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.
6
The Council shall pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.
7
Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, shall be determined under Part I of the Act of 1961.
8
Without prejudice to article 20, nothing in this article shall affect any liability to pay compensation under section 10(2) of the Act of 1965 or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (6).
9
Where the Council takes possession of land under this article, they shall not be required to acquire the land or any interest in it.
10
In this article —
a
“the maintenance period”, in relation to a scheduled work, means the period of 5 years beginning with the date on which the work is opened for public use;
b
“building” includes any structure or other erection; and
c
any reference to land within a specified distance of a work includes, in the case of a work under the surface of the ground, a reference to land within the specified distance of the point on the surface below which the work is situated.
Suspension of private rights of way
14
1
All private rights of way over land of which the Council take temporary possession under this Order shall be suspended and unenforceable for as long as the Council remain in lawful possession of the land.
2
Any person who suffers loss by the suspension of any right under this article shall be entitled to compensation to be determined, in default of agreement, under and in accordance with the Act of 1961.
Time limit for exercise of powers of acquisition
15
The power conferred by article 12 to enter upon and take temporary possession of land shall cease at the end of the period of 3 years beginning with the day on which this Order comes into force.
PART 4
PROTECTIVE PROVISIONS
Royal National Lifeboat Institution
16
1
Nothing in this Order shall prevent or unduly interfere with the carrying on of the Royal National Lifeboat Institution’s lifeboat rescue service.
2
In particular, nothing in article 10 shall apply to any vessel used by the Royal National Lifeboat Institution in carrying out that service.
PART 5
MISCELLANEOUS AND GENERAL
Transfer of powers
17
1
The Council may enter into, and carry into effect, agreements for the transfer to another person of all or any of the powers conferred on the Council by this Order.
2
The exercise of any powers of this Order by any other person in accordance with an agreement under paragraph (1) shall be subject to the same obligations and liabilities under this Order as would apply if that power were exercised by the Council.
3
Not later than 21 days after entering into any such agreement the Council shall give written notice to the Secretary of State and to Trinity House stating the name and address of the person to whom the powers are being transferred and the date when the transfer is to take effect.
4
The powers under paragraph (1) may be exercised by any person to whom powers have been transferred under that paragraph.
5
Any agreement or undertaking entered into by the Council in connection with the promotion of this Order shall, so far as relevant to any functions, powers or duties under this Order exercisable by the transferee under an agreement made under paragraph (1), be binding on the transferee.
Certification of plans, etc.
18
The Council shall, as soon as practicable after the making of this Order, submit copies of the book of reference, the land plan, the deposited sections and the works plan to the Secretary of State for certification that they are true copies of, respectively, the book of reference, the deposited sections and plans referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Service of notices
19
1
A notice or other document required or authorised to be served for the purposes of this Order may be served by post.
2
Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.
3
For the purposes of section 7 of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on him of a notice or document under paragraph (1) is, if he has given an address for service, that address, and otherwise —
a
in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and
b
in any other case, his last known address at the time of service.
4
Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and his name or address cannot be ascertained after reasonable enquiry, the notice may be served by —
a
addressing it to him by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and
b
either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.
5
This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.
No double recovery
20
Compensation shall not be payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law, or under two or more different provisions of this Order.
Crown rights
21
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown, and in particular, nothing in this Order authorises the Council to take, use, enter upon or in any manner interfere with any land, hereditaments, or rights of whatsoever description (including any part of the shore or bed of the sea or any river, channel, creek, bay or estuary) —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners; or
b
belonging to a government department or held in trust for Her Majesty for the purposes of a government department without the consent in writing of that government department.
2
A consent under paragraph (1) may be given unconditionally or subject to such conditions or upon such terms as may be considered necessary or appropriate.
Arbitration
22
Unless otherwise agreed between the parties, any difference under any provision of this Order (other than a difference which falls to be determined by the tribunal) shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President of the Institution of Civil Engineers.
Signed by authority of the Secretary of State
Ellis Harvey
Head of the Transport and Works Act Orders Unit
Department for Transport
8th April 2005


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Value Added Tax (Reduced Rate) Order 2005 and comes into force on 7th April 2005.
2
Group 2 of Part II of Schedule 7A to the Value Added Tax Act 1994 is amended as follows.
3
In paragraph 1 of the Notes after paragraph (h) insert —
i
air source heat pumps;
j
micro combined heat and power units.
.
Jim Murphy
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
16th March 2005


text:
Citation, commencement and extent
1
1
This Order may be cited as the Serious Organised Crime and Police Act 2005 (Powers of Arrest) (Consequential Amendments) Order 2005 and shall come into force on 1 st January 2006.
2
This Order extends to England and Wales.
Police and Criminal Evidence Act 1984 (Application to Customs and Excise) Order 1985
2
1
The Police and Criminal Evidence Act 1984 (Application to Customs and Excise) Order 1985 is amended as follows.
2
In article 7 for “arrestable”, in both places where it occurs, there is substituted “indictable”.
3
In article 12 and Schedule 1 for the words “section 24(6)” there is substituted “section 24(2)”.
Serbia and Montenegro (United Nations Sanctions) Order 1992
3
Article 17(13) of the Serbia and Montenegro (United Nations Sanctions) Order 1992 is revoked.
United Nations Arms Embargoes (Liberia, Somalia and the Former Yugoslavia) Order 1993
4
Article 10(12) of the United Nations Arms Embargoes (Liberia, Somalia and the Former Yugoslavia) Order 1993 is revoked.
Channel Tunnel (International Arrangements) Order 1993
5
In paragraph 2(1)(c) of Part 1 of Schedule 3 to the Channel Tunnel (International Arrangements) Order 1993 , for the words “arrestable offence (within the meaning of section 24 of the 1984 Act)” there is substituted “indictable offence”.
Libya (United Nations Sanctions) Order 1993
6
Article 19(12) of the Libya (United Nations Sanctions) Order 1993 is revoked.
Channel Tunnel (Security) Order 1994
7
In articles 14(11) and 15(11)(a) of the Channel Tunnel (Security) Order 1994 , for the words “sections 17, 24 and 25” there is substituted “sections 17, 24 and 24A”.
Haiti (United Nations Sanctions) Order 1994
8
Article 17(12) of the Haiti (United Nations Sanctions) Order 1994 is revoked.
Conservation (Natural Habitats, &c) Regulations 1994
9
In regulation 101(2) of the Conservation (Natural Habitats, &c) Regulations 1994 for the words “section 25” there is substituted “section 24”.
United Nations (International Tribunal) (Former Yugoslavia) Order 1996
10
1
The United Nations (International Tribunal) (Former Yugoslavia) Order 1996 is amended as follows.
2
In sub-paragraph (a) of article 16(1) for the words —
a
“serious arrestable offences” there is substituted “indictable offences”; and
b
“a serious arrestable offence” there is substituted “an indictable offence”.
3
In sub-paragraph (b) of article 16(2) for the words “an arrestable offence within the meaning of the said Act of 1984” there is substituted “an indictable offence”.
United Nations (International Tribunal) (Rwanda) Order 1996
11
1
The United Nations (International Tribunal) (Rwanda) Order 1996 is amended as follows.
2
In sub-paragraph (a) of article 16(1) for the words —
a
“serious arrestable offences” there is substituted “indictable offences”; and
b
“a serious arrestable offence” there is substituted “an indictable offence”.
3
In sub-paragraph (b) of article 16(2) for the words “an arrestable offence within the meaning of the said Act of 1984” there is substituted “an indictable offence”.
Police and Criminal Evidence Act 1984 (Application to Armed Forces) Order 1997
12
In column 2 of the Schedule to the Police and Criminal Evidence Act 1984 (Application to Armed Forces) Order 1997 , for “a serious arrestable offence”, in each place where it occurs, there is substituted “an indictable offence”.
Federal Republic of Yugoslavia (United Nations Sanctions) Order 1998
13
Article 12(12) of the Federal Republic of Yugoslavia (United Nations Sanctions) Order 1998 is revoked.
Iraq (United Nations Sanctions) Order 2000
14
Article 11(6) of the Iraq (United Nations Sanctions) Order 1994 is revoked.
Terrorism (United Nations Measures) Order 2001
15
Article 10(10) of the Terrorism (United Nations Measures) Order 2001 is revoked.
Al-Qa'ida and Taliban (United Nations Measures) Order 2002
16
Article 20(13) of the Al-Qa'ida and Taliban (United Nations Measures) Order 2002 is revoked.
Police and Criminal Evidence Act 1984 (Department of Trade and Industry Investigations) Order 2002
17
In the definition of “ DTI Investigation” in article 2 of the Police and Criminal Evidence Act 1984 (Department of Trade and Industry Investigations) Order 2002 , for “a serious arrestable offence”, in both places, there is substituted “an indictable offence”.
Somalia (United Nations Sanctions) Order 2002
18
Article 16(12) of the Somalia (United Nations Sanctions) Order 2002 is revoked.
Iraq (United Nations Sanctions) Order 2003
19
Article 20(12) of the Iraq (United Nations Sanctions) Order 2003 is revoked.
Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003
20
In article 5(3) of the Nationality, Immigration and Asylum (Juxtaposed Controls) Order 2003 , for “a serious arrestable offence” there is substituted “an indictable offence”.
Extradition Act 2003 (Police Powers) Order 2003
21
In article 2(3) of the Extradition Act 2003 (Police Powers) Order 2003 , for “a serious arrestable offence”, in both places, there is substituted “an indictable offence”.
Liberia (United Nations Sanctions) Order 2004
22
Article 15(12) of the Liberia (United Nations Sanctions) Order 2004 is revoked.
Sudan (Technical Assistance and Financing and Financial Assistance) (Penalties and Licences) Regulations 2004
23
For paragraph (2) of regulation 4 of the Sudan (Technical Assistance and Financing and Financial Assistance) (Penalties and Licences) Regulations 2004 , there is substituted the following paragraph —
2
Notwithstanding that the offence in regulation 2 above is not, by virtue of the term of imprisonment for which a person may be sentenced in respect of it, an arrestable offence within the meaning of the Police and Criminal Evidence (Northern Ireland Order) 1989, Article 26(2) of that Order (in Northern Ireland) shall apply to the offence as if it were mentioned therein, and the offence shall accordingly be an arrestable offence within the meaning of the Order.
Liberia (Technical Assistance and Financing and Financial Assistance) (Penalties and Licences) Regulations 2004
24
For paragraph (2) of regulation 4 of the Liberia (Technical Assistance and Financing and Financial Assistance) (Penalties and Licences) Regulations 2004 , there is substituted the following paragraph —
2
Notwithstanding that the offence in regulation 2 above is not, by virtue of the term of imprisonment for which a person may be sentenced in respect of it, an arrestable offence within the meaning of the Police and Criminal Evidence (Northern Ireland Order) 1989, Article 26(2) of that Order (in Northern Ireland) shall apply to the offence as if it were mentioned therein, and the offence shall accordingly be an arrestable offence within the meaning of the Order.
Zimbabwe (Sale, Supply, Export, Technical Assistance, Financing and Financial Assistance and Shipment of Equipment) (Penalties and Licences) Regulations 2004
25
For paragraph (2) of regulation 4 of the Zimbabwe (Sale, Supply, Export, Technical Assistance, Financing and Financial Assistance and Shipment of Equipment) (Penalties and Licences) Regulations 2004 , there is substituted the following paragraph —
2
Notwithstanding that the offence in regulation 2 above is not, by virtue of the term of imprisonment for which a person may be sentenced in respect of it, an arrestable offence within the meaning of the Police and Criminal Evidence (Northern Ireland Order) 1989, Article 26(2) of that Order (in Northern Ireland) shall apply to the offence as if it were mentioned therein, and the offence shall accordingly be an arrestable offence within the meaning of the Order.
Police (Complaints and Misconduct) Regulations 2004
26
1
The Police (Complaints and Misconduct) Regulations 2004 are amended as follows.
2
In regulation 1(2) the following definition is inserted before the definition of “working day”–
“a relevant offence” means —
an offence for which the sentence is fixed by law,
an offence for which a person of 18 years or over (not previously convicted) may be sentenced to imprisonment for a term of seven years (or might be so sentenced but for the restrictions imposed by section 33 of the Magistrates' Courts Act 1980 ;
.
3
For paragraph (v) of regulation 2(2)(a), there is substituted the following paragraph —
v
a relevant offence, or
.
4
For sub-paragraph (e) of regulation 5(1), there is substituted the following sub-paragraph —
e
a relevant offence;
.
Ministry of Defence Police (Conduct) Regulations 2004
27
For regulation 24(2)(c)(iii) of the Ministry of Defence Police (Conduct) Regulations 2004 , there is substituted the following paragraph —
iii
an indictable offence.
Burma (Sale, Supply, Export, Technical Assistance, Financing and Financial Assistance and Shipment of Equipment) (Penalties and Licences) Regulations 2004
28
For paragraph (2) of regulation 4 of the Burma (Sale, Supply, Export, Technical Assistance, Financing and Financial Assistance and Shipment of Equipment) (Penalties and Licences) Regulations 2004 , there is substituted the following paragraph —
2
Notwithstanding that the offence in regulation 2 above is not, by virtue of the term of imprisonment for which a person may be sentenced in respect of it, an arrestable offence within the meaning of the Police and Criminal Evidence (Northern Ireland Order) 1989, Article 26(2) of that Order (in Northern Ireland) shall apply to the offence as if it were mentioned therein, and the offence shall accordingly be an arrestable offence within the meaning of the Order.
Ivory Coast (United Nations Sanctions) Order 2005
29
Article 9(12) of the Ivory Coast (United Nations Sanctions) Order 2005 is revoked.
Sudan (United Nations Measures) Order 2005
30
Article 10(6) of the Sudan (United Nations Measures) Order 2005 is revoked.
Democratic Republic of the Congo (United Nations Measures) Order 2005
31
Article 10(6) of the Democratic Republic of the Congo (United Nations Measures) Order 2005 is revoked.
Hazel Blears
Minister of State
Home Office
7th December 2005


text:
Citation, commencement and application
1
This Order —
a
may be cited as the Litter (Fixed Penalty Notices) Order 1991 and the Dog Fouling (Fixed Penalties) Order 1996 (Revocation) (England) Order 2005;
b
comes into force on 16th December 2005;
c
applies in England only.
Revocations
2
The following are hereby revoked —
a
the Litter (Fixed Penalty Notices) Order 1991 , and
b
the Dog Fouling (Fixed Penalties) Order 1996 .
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
21st November 2005


text:
Citation and commencement
1
These Regulations may be cited as the Pension Protection Fund (Statement of Investment Principles) Regulations 2005 and shall come into force on 6th April 2005.
Review and revision of statement of investment principles
2
1
Subject to paragraph (2), the prescribed intervals for the purposes of section 114(1)(b) of the Pensions Act 2004 (investment principles) at which the Board must secure that the statement of investment principles is reviewed and if necessary revised are intervals not exceeding 12 months beginning with —
a
in the case of the first review of that statement, the day that statement was prepared; or
b
in the case of each subsequent review, the day that statement was last reviewed or, as the case may be, last revised, whichever is the later.
2
The prescribed occasions on which the Board must secure that the statement of investment principles is reviewed and if necessary revised are when there has been a significant change in relation to any matter which —
a
is contained in the statement of investment principles; and
b
is included in that statement by virtue of regulation 4.
3
For the purposes of paragraph (2) a “significant change” means a change which results in the statement of investment principles being materially inappropriate.
4
For the purpose of paragraph (2) the review or revision must occur immediately after any such significant change.
Preparation or revision of statement of investment principles
3
1
The prescribed requirements that the Board must comply with for the purposes of section 114(3) of the Pensions Act 2004 before preparing or revising a statement of investment principles are that the Board shall obtain and consider the written advice of an individual or firm of a description specified in paragraph (2).
2
An individual or firm shall be —
a
an individual whom the Board is satisfied has the appropriate knowledge and experience for providing advice to the Board on the preparation or, as the case may be, revision of a statement of investment principles; or
b
a firm that the Board is satisfied has arrangements in place to secure that any individual who will provide advice to the Board on the preparation or, as the case may be, revision of a statement of investment principles will, at the time he provides that advice, have the appropriate knowledge and experience for providing that advice.
Form and content of statement of investment principles
4
1
A statement of investment principles shall be in writing.
2
The prescribed matters which a statement of investment principles shall cover for the purposes of ensuring the prudent management of the Board’s financial affairs are —
a
the impact of the nature of the Board’s actual and potential liabilities on its investment strategy;
b
the kinds of investments which are included in the Board’s investment strategy;
c
the balance between different kinds of investments;
d
risk measurement and management including the Board’s approach to diversification within its risk management strategy;
e
the expected return on investments;
f
the realisation of investments;
g
the extent, if at all, to which social, environmental or ethical considerations are taken into account in the selection, retention and realisation of investments;
h
the Board’s policy (if any) in relation to the exercise of the rights (including voting rights) attaching to investments; and
i
the Board’s policy for securing compliance with the requirements of section 113 of the Pensions Act 2004 (Investment of Funds).
Signed by authority of the Secretary of State for Work and Pensions
Malcolm Wicks
Minister of State,
Department for Work and Pensions
10th March 2005


text:
Citation and commencement
1
This Order may be cited as the Local Authorities (Discretionary Expenditure Limits) (England) Order 2005 and shall come into force on 29th March 2005.
Expenditure limits
2
For the purposes of section 137(4)(a) of the Local Government Act 1972 (power of local authorities to incur expenditure for certain purposes not otherwise authorised), the sum of £5.30 is specified as the sum appropriate to a local authority in England for the financial year beginning on 1st April 2005.
Signed by authority of the First Secretary of State
Phil Hope
Parliamentary Under Secretary of State, Office of the Deputy Prime Minister
28th February 2005


text:
Citation and commencement
1
This Order may be cited as the Capital Allowances (Energy-saving Plant and Machinery) (Amendment) Order 2005 and shall come into force on 22nd September 2005.
Amendment of the Capital Allowances (Energy-saving Plant and Machinery) Order 2001
2
The Capital Allowances (Energy-saving Plant and Machinery) Order 2001 is amended as follows.
3
In article 2 (interpretation) for the definitions of “Energy Technology Criteria List” and “Energy Technology Product List” substitute —
“Energy Technology Criteria List” means the list dated 14th July 2005 and issued by the Secretary of State for the Environment, Food and Rural Affairs on 18th July 2005;
“Energy Technology Product List” means the list dated 14th July 2005 and issued by the Secretary of State for the Environment, Food and Rural Affairs on 18th July 2005.
.
4
In article 5 (energy-saving components of plant or machinery) for paragraphs (a) and (b) substitute —
a
meets the conditions set out in sub-paragraphs (a) to (c) of article 3(1), and
b
falls within any of the technology classes specified in sub-paragraphs (a) to (c), (f), (g), (j) and (l) of article 3(2),
.
Joan Ryan
Tom Watson
Two of the Lords Commissioners of Her Majesty’s Treasury
31st August 2005


text:
Title and commencement
1
This Order may be cited as the South-west Territorial Waters (Prohibition of Pair Trawling) (Amendment) Order 2005 and shall come into force on 15th January 2005.
Amendment of the South-west Territorial Waters (Prohibition of Pair Trawling) Order 2004
2
1
The South-west Territorial Waters (Prohibition of Pair Trawling) Order 2004 shall be amended in accordance with paragraph (2).
2
For Article 3(2)(b)(ii) there shall be substituted —
ii
incorporating no individual mesh, irrespective of its position within the net, greater than 300mm.
.
Ben Bradshaw
Parliamentary Under Secretary of State
Department of Environment, Food and Rural Affairs
12th January 2005
Ian Pearson
Parliamentary Under Secretary of State Northern Ireland Office
13th January 2005


text:
Citation and commencement
1
These Regulations may be cited as the Individual Savings Account (Amendment No. 2) Regulations 2005 and shall come into force on 6th October 2005.
Amendment of the Individual Savings Account Regulations 1998
2
The Individual Savings Account Regulations 1998 are amended as follows.
3
In regulation 2(1)(a) for the definition of “the Board” substitute —
“the Board” means the Commissioners for Her Majesty’s Revenue and Customs;
.
4
In regulation 4 —
a
in paragraph (2) —
i
for “2005-06 and £5,000 for subsequent years” substitute “2009-10”;
ii
for “the years 1999-00 to 2005-06, and £1,000 in subsequent years,” substitute “each year”;
b
in both paragraphs (2A) and (2B), for “2005-06, and £1,000 in subsequent years” substitute “2009-10”;
c
in paragraph (3)(a) for “2005-06 and £1,000 for subsequent years” substitute “2009-10”.
5
In regulation 7 —
a
in paragraph (2)(a) for the words from “, issued” to the end substitute —
i
issued by a company wherever incorporated,
ii
subject to paragraph (3), officially listed on a recognised stock exchange, and
iii
in circumstances where the shares in question satisfy the condition specified in paragraph (15), or were held under the component on 6th October 2005;
;
b
for paragraph (2)(b)(ii) substitute —
ii
where the securities in question satisfy —
a
at least one of the conditions specified in paragraph (5),
b
the condition specified in paragraph (6), and
c
the condition specified in paragraph (15), or the condition that they were held under the component on 6th October 2005, and
;
c
in paragraph (14) after “sub-paragraphs” insert “(a), (b),”.
6
In regulation 8(2)(g) —
a
after “sub-paragraphs” insert “(a), (b),”;
b
after “units” insert “, securities”.
7
In regulation 31 —
a
in paragraph (4)(a) after paragraph (ii) insert —
iia
government securities falling within regulation 7(2)(c), (ca) or (cb);
;
b
in paragraph (4)(b) omit paragraph (ii);
c
in paragraph (7)(b) at the end insert —
iii
invested in policies (within the meaning in regulation 9(1)) under stocks and shares components; and
iv
invested in policies (within that meaning) under cash components.
Joan Ryan
Vernon Coaker
Two of the Lords Commissioners of Her Majesty’s Treasury
14th September 2005


text:
Citation and commencement
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Disclosure of Information by Prescribed Persons) (Amendment) Regulations 2005 and come into force on 6th April 2005.
Amendment of the Financial Services and Markets Act 2000 (Disclosure of Information by Prescribed Persons) Regulations 2001
2
The Schedule to the Financial Services and Markets Act 2000 (Disclosure of Information by Prescribed Persons) Regulations 2001 is amended as follows —
a
after paragraph (c) insert —
ca
the conduct of an investigation under section 113(2) of the Act;
; and
b
after paragraph (e) insert —
ea
the conduct of an investigation under section 376(10) of the Act;
.
Nick Ainger
Jim Murphy
Two of the Lords Commissioners of Her Majesty’s Treasury
9th February 2005


text:
Title, commencement and extent
1
These Regulations may be cited as the Feedingstuffs (Zootechnical Products) and Medicated Feedingstuffs (Amendment) (England, Scotland and Wales) Regulations 2005, shall extend to England, Scotland and Wales and shall come into force on 22nd April 2005.
Amendment of the Feedingstuffs (Zootechnical Products) Regulations 1999
2
1
The Feedingstuffs (Zootechnical Products) Regulations 1999 shall be amended in accordance with this regulation.
2
In regulation 2(1), for the definition of “the MF Regulations”, substitute —
“the MF Regulations ” means the Medicated Feedingstuffs Regulations 1998 as last amended by the Feedingstuffs (Zootechnical Products) and Medicated Feedingstuffs (Amendment) (England, Scotland and Wales) Regulations 2005;
.
3
In Schedule 3 —
a
for the table and notes in Part II, substitute those in Part 1 of the Schedule to these Regulations; and
b
for the table in Part III, substitute that in Part 2 of the Schedule to these Regulations.
Amendment of the Medicated Feedingstuffs Regulations 1998
3
1
The Medicated Feedingstuffs Regulations 1998 shall be amended in accordance with this regulation.
2
In regulation 35, for paragraph (12), substitute —
12
In this regulation “the ZT Regulations ” means the Feedingstuffs (Zootechnical Products) Regulations 1999 as last amended by the Feedingstuffs (Zootechnical Products) and Medicated Feedingstuffs (Amendment) (England, Scotland and Wales) Regulations 2005.
.
3
In Schedule 1 —
a
for the table and notes in Part I, substitute those in Part 3 of the Schedule to these Regulations; and
b
for the table in Part II, substitute that in Part 4 of the Schedule to these Regulations.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
24th March 2005


text:
INTRODUCTORY
Citation, commencement, extent and application
1
1
This Order may be cited as the Sudan (United Nations Measures) (Isle of Man) Order 2005 and shall come into force on 9th June 2005.
2
If the Security Council of the United Nations takes any decision which has the effect of cancelling, extending, or suspending the operation of resolution 1591 (2005) adopted by it on 29th March 2005, in whole or in part, this Order shall cease to have effect or its operation shall be suspended, in whole or in part, as the case may be, in accordance with that decision; and particulars of that decision shall be published by the Secretary of State in a notice in the London, Edinburgh and Belfast Gazettes.
3
This Order shall extend to the Isle of Man as part of its law.
4
Articles 3, 4 and 5 shall apply to any person within the Isle of Man and any person elsewhere who is —
a
a British citizen, a British overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) or a British protected person and is ordinarily resident in the Isle of Man; or
b
a body incorporated or constituted under the law of the Isle of Man.
Interpretation
2
1
In this Order the following expressions have the meanings hereby respectively assigned to them, that is to say —
“body corporate” includes a limited liability company constituted under the Limited Liability Companies Act 1996 (an Act of Tynwald) and, in relation to such a company, any reference to a director or other officer of a body corporate is a reference to a member and to a company’s manager and registered agent;
“custody” means custody within the meaning of the Custody Act 1995 (an Act of Tynwald);
“designated person” means an individual designated by the Committee established by paragraph 3 (a) of resolution 1591 (2005) adopted by the Security Council of the United Nations on 29th March 2005;
“direction” means a direction under article 4(1);
“document” includes information recorded in any form, and in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;
“funds, other financial assets or economic resources” means assets of every kind, whether tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such assets, including, but not limited to, bank credits, travellers' cheques, bank cheques, money orders, shares, securities, bonds, drafts and letters of credit;
“officer of Customs and Excise” means an officer authorised as such under the Customs and Excise Management Act 1986 (an Act of Tynwald);
“relevant institution” means —
a body corporate wherever incorporated;
a partnership or unincorporated association of two or more persons formed under the law of the Isle of Man or elsewhere; and
a building society within the meaning of section 7 of the Industrial and Building Societies Act 1892 (an Act of Tynwald); and
“the Treasury” means the Isle of Man Treasury, a department of the Government of the Isle of Man.
2
For the purposes of identifying a “designated person” referred to in paragraph (1) of this article, the Treasury shall cause a notice containing the names and other particulars of such designated persons to be published in a newspaper published and circulating in the Isle of Man as necessary from time to time.
MAKING FUNDS AVAILABLE AND FREEZING OF FUNDS
Making funds available to any designated person
3
Any person who, except under the authority of a licence granted by the Treasury under this article, makes any funds, other financial assets or economic resources available to or for the benefit of any designated person shall be guilty of an offence.
Freezing of funds, other financial assets or economic resources
4
1
Where the Treasury has reasonable grounds for suspecting that the person by, for or on behalf of whom any funds, other financial assets or economic resources are held is or may be a designated person, the Treasury may by notice direct that those funds, other financial assets or economic resources are not to be made available to any person or entity except under the authority of a licence granted by the Treasury under article 3.
2
A notice given under paragraph (1) shall specify either —
a
the period for which it is to have effect; or
b
that the direction is to have effect until it is revoked by notice under paragraph (3).
3
The Treasury may by notice revoke a notice given under paragraph (1) at any time.
4
The expiry or revocation of a direction shall not affect the application of article 3 in respect of the funds, other financial assets or economic resources in question.
5
A notice under paragraph (1) or (3) shall be given in writing to the person holding the funds, other financial assets or economic resources in question (“the recipient”), and shall require the recipient to send a copy of the notice without delay to the person whose funds, other financial assets or economic resources they are, or on whose behalf they are held (“the owner”).
6
A recipient shall be treated as complying with the requirement under paragraph 5 if, without delay, he sends a copy of the notice to the owner at his last-known address or, if he does not have an address for the owner, he makes arrangements for a copy of the notice to be supplied to the owner at the first available opportunity.
7
Where a notice has been given under paragraph (1), any person by, for or on behalf of whom those funds, other financial assets or economic resources are held may apply to the High Court for the notice to be set aside; and on such application the court may set aside the direction.
8
A person who makes an application under paragraph (7) shall give a copy of the application and any witness statement or affidavit in support to the Treasury (and to any other person by, for or on behalf of whom those funds, other financial assets or economic resources are held), not later than seven days before the date fixed for the hearing of the application.
9
Any person who contravenes a direction under paragraph (1) is guilty of an offence.
10
A recipient who fails to comply with such a requirement as is mentioned in paragraph (5) is guilty of an offence.
Facilitation of activities prohibited under article 3 or 4(9)
5
Any person who knowingly and intentionally engages in any activities the object or effect of which is to enable or facilitate the commission (by that person or another) of an offence under article 3 or 4(9) is guilty of an offence.
Failure to disclose knowledge or suspicion of measures
6
1
A relevant institution is guilty of an offence if —
a
it knows or suspects that a person who is, or has been at any time since the coming into force of this Order, a customer of the institution, or is a person with whom the institution has had dealings in the course of its business since that time —
i
is a designated person; or
ii
has committed an offence under article 3, 4(9), 5 or 7(2); and
b
it does not disclose to the Treasury the information or other matter on which the knowledge or suspicion is based as soon as is reasonably practicable after that information or other matter comes to its attention.
2
Where a relevant institution discloses to the Treasury —
a
its knowledge or suspicion that a person is a designated person or a person who has committed an offence under article 3, 4(9), 5 or 7(2), or
b
any information or other matter on which that knowledge or suspicion is based,
the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.
GENERAL
Offences in connection with applications for licences, conditions attaching to licences, etc
7
1
If for the purposes of obtaining any licence under this Order any person makes any statement, or furnishes any document or information which to his knowledge is false in a material particular, or recklessly makes any statement or furnishes any document or information which is false in a material particular, he shall be guilty of an offence.
2
Any person who has done any act under the authority of a licence granted by the Treasury under this Order and who fails to comply with any conditions attaching to that licence shall be guilty of an offence:Provided that no person shall be guilty of an offence under this paragraph where he proves that the condition with which he failed to comply was modified, otherwise than with his consent, by the Treasury after the doing of the act authorised by the licence.
Obtaining of evidence and information
8
The provisions of part 2 of the Schedule to this Order shall have effect in order to facilitate the obtaining, by or on behalf of the Treasury —
a
of evidence and information for the purpose of securing compliance with or detecting evasion of —
i
this Order in the Isle of Man; or
ii
any law making provision with respect to any of the matters regulated by this Order that is in force in the United Kingdom, the Bailiwick of Guernsey, the Bailiwick of Jersey or any territory listed in part 1 of the Schedule to this Order; and
b
of evidence of the commission of —
i
in the Isle of Man, an offence under this Order or, with respect to any of the matters regulated by this Order, an offence relating to customs; or
ii
with respect to any of those matters, an offence under the law of the United Kingdom, the Bailiwick of Guernsey, the Bailiwick of Jersey or any territory listed in part 1 of the Schedule to this Order.
Investigations by the Treasury
9
Where the Treasury investigates or proposes to investigate any matter with a view to determining —
a
whether there are grounds for believing that an offence under this Order has been committed, or
b
whether a person should be prosecuted for such an offence,
the matter shall be treated as an assigned matter within the meaning of section 184 (1) of the Customs and Excise Management Act 1986 (an Act of Tynwald).
Penalties and Proceedings
10
1
Any person guilty of an offence under article 3, 4(9), or 5 shall be liable —
a
on conviction on information to custody for a term not exceeding seven years or to a fine or to both; or
b
on summary conviction to custody for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.
2
Any person guilty of an offence under paragraph 5(b) or (d) of part 2 of the Schedule to this Order shall be liable —
a
on conviction on information to custody for a term not exceeding two years or to a fine or to both; or
b
on summary conviction to custody for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.
3
Any person guilty of an offence under article 7(1) or (2) shall be liable —
a
on conviction on information to custody for a term not exceeding two years or to a fine or to both;
b
on summary conviction to a fine not exceeding the statutory maximum;
4
Any person guilty of an offence under article 4(10) or 6(1) or paragraph 5(a) or (c) of part 2 of the Schedule to this Order shall be liable on summary conviction to custody for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.
5
Where any body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence, and shall be liable to be proceeded against and punished accordingly.
6
Notwithstanding anything in section 75(1) of the Summary Jurisdiction Act 1989 (an Act of Tynwald), a complaint relating to an offence under this Order which is triable by a court of summary jurisdiction may be heard if it is made at any time within three years after the commission of the offence and within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to his knowledge.
7
For the purposes of this article —
a
a certificate signed by or on behalf of the prosecutor as to the date on which such evidence as is referred to in paragraph (6) above came to his knowledge shall be conclusive evidence of that fact;
b
a certificate purporting to be so signed shall be presumed to be so signed unless the contrary is proved, and
c
section 27(2) of the Police Powers and Procedure Act 1998 (an Act of Tynwald) shall apply to offences under this Order which are not arrestable offences by virtue of the term of custody for which a person may be sentenced in respect of them, as if they were mentioned in that subsection; and accordingly such offences shall be arrestable offences within the meaning of that Act.
8
No proceedings for an offence under this Order, other than for a summary offence, shall be instituted except with the consent of the Attorney General for the Isle of Man:
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Exercise of powers of the Treasury
11
1
The Treasury may, to such extent and subject to such restrictions and conditions as it may think proper, delegate or authorise the delegation of any of its powers under this Order (other than the power to give authority under part 2 of the Schedule to this Order to apply for a search warrant) to any person, or class or description of persons, approved by it, and references in this Order to the Treasury shall be construed accordingly.
2
Any licences granted under this Order shall be in writing and may be either general or special, may be subject to or without conditions, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the authority that granted them.
A.K.Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Burma (Financial Sanctions) Regulations 2005 and come into force on 29th June 2005.
2
In these Regulations —
“body corporate” includes a Scottish partnership and, in relation to such a partnership, any reference to a director of a body corporate is a reference to a partner;
“the EC Regulation” means Council Regulation (EC) No. 798/2004 of 26th April 2004 concerning certain restrictive measures in respect of Burma, as amended by the instruments listed in Schedule 1 to these Regulations;
“the requesting authority” means the Treasury, the Bank of England or any person authorised by the Treasury of the Bank of England for the purpose of regulation 4 of and Schedule 2 to these Regulations.
Offences in Connection with breaches of the EC Regulation
2
1
A person who —
a
without reasonable excuse commits a breach of Article 6(1) of the EC Regulation; or
b
commits a breach of Article 6(2) or (3) of the EC Regulation,
is guilty of an offence.
2
Any person who commits a breach of Article 8a(1) or (2) of the EC Regulation is guilty of an offence.
3
Any person who —
a
without reasonable excuse fails to comply with Article 9(1) of the EC Regulation; or
b
uses information in breach of Article 9(3) of the EC Regulation,
is guilty of an offence.
Offences in connection with requests for authorisations
3
Any person who, in connection with a request for authorisation pursuant to Article 7(1) of the EC Regulation —
a
makes any statement or furnishes any document or information which to his knowledge is false in a material particular;
b
recklessly makes any statement or furnishes any document or information which is false in a material particular; or
c
fails, without reasonable excuse, to make a statement or furnish any document or information which may be relevant to the request for authorisation,
is guilty of an offence.
Information
4
Schedule 2 to these Regulations contains provisions relating to obtaining information.
Penalties
5
1
Any person guilty of an offence under regulation 2(1), 2(2) or 3 or paragraph 2(b) or (c) of Schedule 2 to these Regulations is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or both;
b
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or both.
2
Any person guilty of an offence under regulation 2(3), or paragraph 2(a) or 3(2) of Schedule 2 to these Regulations, is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or both.
3
Where —
a
any body corporate is guilty of an offence under these Regulation; and
b
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 office of the body corporate, or any 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.
Proceedings
6
1
Proceedings against any person for an offence under these Regulations may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
2
No proceedings for an offence under these Regulations, other than a summary offence, shall be instituted in England and Wales or Northern Ireland except by or with the consent of the Secretary of State, the Treasury or the Attorney General or, as the case may be, the Attorney General for Northern Ireland.
3
Paragraph (2) does not prevent —
a
the arrest or the execution of a warrant for the arrest of any person in respect of an offence under these Regulations; or
b
the remand in custody or on bail of any person charged with an offence under these Regulations,
notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Revocations
7
1
The Burma (Freezing of Funds and Economic Resources) Regulations 2004 are revoked.
2
The Burma (Prohibition on Financing) Regulations 2004 are revoked.
Gillian Merron
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
7th June 2005


text:
Citation and Interpretation
1
1
This Order may be cited as the Higher Education Act 2004 (Commencement No. 3) Order 2005.
2
In this Order “the 2004 Act ” means the Higher Education Act 2004.
Provisions coming into force
2
The following provisions of the 2004 Act shall come into force on 1 April 2005:
Section 2;
Section 49 to the extent it relates to the provision of Schedule 6 specified below;
Paragraph 3 of Schedule 6;
Section 50 to the extent it relates to the provision of Schedule 7 specified below; and
In Schedule 7 —
the repeal in Schedule 1 of the Superannuation Act 1972 of the entry relating to the Arts and Humanities Research Board.
Kim Howells
Minister of State
Department for Education and Skills
16th March 2005