text:
PART 1 GENERAL
Citation and commencement
1
1
This Order may be cited as the Northern Rock plc Transfer Order 2009.
2
This Order comes into force as follows —
a
this article, articles 2 , 6 to 8 and Schedule 2 come into force immediately on the making of this Order;
b
the remaining provisions of this Order come into force on 1st January 2010 .
Interpretation
2
1
In this Order —
“the 2006 Act ” means the Companies Act 2006 ;
“the 2008 Act ” means the Banking (Special Provisions) Act 2008;
“the 2004 Regulations ” mean the Credit Institutions (Reorganisation and Winding up) Regulations 2004 ;
“the 2006 Regulations ” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 ;
“ ACo ” means Northern Rock plc, company registered number 03273685;
“ACo arrangement” means any arrangement in respect of which ACo enjoys any right or interest or is subject to any obligation or liability immediately before the transfer time;
“arrangement” means any oral or written agreement or instrument creating any obligation, liability, interest or right (including, without limiting the generality of this definition, any contract, deed, lease or licence);
“Bacs Payment Schemes Limited” means Bacs Payment Schemes Limited, company registered number 04961302;
“the Bacs schemes” means the Bacs schemes, operated by Bacs Payment Schemes Limited;
“ BCo ” means Gosforth Subsidiary No.1 plc, company registered number 06952311;
“default event consequence” has the meaning given in article 7 (3);
“the FSA ” means the Financial Services Authority;
“group undertaking” means, in respect of an undertaking (“U”), any undertaking —
which is a group undertaking of U for the purposes of section 1161 of the 2006 Act (meaning of “undertaking” and related expressions), or
whose assets and liabilities are consolidated in the consolidated accounts of U;
“the Irish branch” means ACo’s branch in Ireland, the registered number in the Irish Companies Registration Office of which is 904328 and whose address is First Floor, Block 8, Harcourt Centre, Dublin 2;
“relevant arrangement” means any arrangement in respect of which any relevant undertaking enjoys any right or interest or is subject to any obligation or liability immediately before the transfer time;
“relevant transitional period” has the meaning given in article 14 (2);
“relevant undertaking” means —
ACo, or
any undertaking which is a group undertaking of ACo immediately before the transfer time;
“transfer” means the transfer effected by this Order;
“transfer time” has the meaning given in article 3 (3);
“Treasury Solicitor” has the same meaning as in the Treasury Solicitor Act 1876 and whose address is One Kemble Street, London WC2B 4TS;
“UK Financial Investments Limited” means UK Financial Investments Limited, company registered number 06720891.
2
References in this Order to a regulated activity must be read with —
a
section 22 of FSMA 2000 (classes of regulated activity and categories of investment);
b
any relevant order under that section; and
c
Schedule 2 to that Act (regulated activities).
PART 2 THE TRANSFER
The transfer, &c.
3
1
All the property, rights and liabilities specified in or by virtue of Part 2 of Schedule 1 are transferred to BCo at the transfer time other than the excluded property, rights and liabilities.
2
The excluded property, rights and liabilities are specified in or by virtue of Part 3 of Schedule 1.
3
The transfer time is immediately after the time at which this article comes into force.
4
ACo is liable to pay BCo the sum of £8,581,000,000 by the end of 4th January 2010.
5
Parts 1 (interpretation) and 4 (further provisions) of Schedule 1 have effect.
No consent or concurrence required
4
The transfer is effective despite the absence of any required consent or concurrence to or with the transfer.
Associated liability and interference
5
The transfer takes effect as if —
a
no associated liability existed in respect of any failure to comply with any requirement in respect of the transfer, and
b
there were no associated interference with the property, rights and liabilities transferred.
PART 3 MISCELLANEOUS AND TRANSITIONAL PROVISIONS
Third party rights, &c.: general
6
1
Save as otherwise provided by this Order, no interest or right of any third party arises or becomes exercisable in respect of any property, right or liability of ACo (whether or not transferred by this Order) by virtue of or in connection with —
a
the making of this Order,
b
anything done by, under, by virtue of or in consequence of this Order, or
c
anything omitted to be done by virtue of or in consequence of this Order.
2
Save as otherwise provided by this Order, no liability or obligation arises or is incurred by any third party in respect of any property, right or liability of ACo (whether or not transferred by this Order) by virtue of or in connection with —
a
the making of this Order,
b
anything done by, under, by virtue of or in consequence of this Order, or
c
anything omitted to be done by virtue of or in consequence of this Order.
Third party rights, &c.: relevant arrangements
7
1
The interests, rights, obligations and liabilities of relevant third parties are modified such that no default event consequence occurs (directly or indirectly) in respect of any relevant arrangement by virtue of or in connection with —
a
the making of this Order,
b
anything done by, under, by virtue of or in consequence of this Order, or
c
anything omitted to be done by virtue of or in consequence of this Order.
2
A relevant third party is a third party who enjoys any right or interest or is subject to any obligation or liability in respect of a relevant arrangement.
3
In this Order, “default event consequence”, in respect of an arrangement, means any of the following consequences (however described) —
a
the termination or extinguishment of the arrangement;
b
the termination or extinguishment of any right or obligation under the arrangement;
c
the accrual of any right to terminate or extinguish the arrangement;
d
the accrual of any right to terminate or extinguish any right or obligation under the arrangement;
e
any amount becoming payable, being capable of being declared payable or ceasing to be payable;
f
the accrual of any right to withhold any payment;
g
the accrual of any right not to advance any amount;
h
any other change in the amount or timing of any payment under or in connection with the arrangement;
i
the accrual of any right to net or set off;
j
any obligation arising to provide or transfer any deposit or collateral;
k
the accrual of any right to give or withhold any consent or approval;
l
any event of default or breach of any right arising;
m
any right or obligation not arising;
n
the imposition of any condition on the arrangement;
o
the imposition of any condition on any right or obligation under the arrangement;
p
the creation of any constructive or resulting trust or other equitable interest or equity;
q
the accrual of any right to trace any property or to claim an equitable interest in or equity in respect of any property or to claim any breach of trust;
r
any other right or remedy (whether or not similar in kind to those referred to in sub-paragraphs (a) to (q)) arising or becoming exercisable.
4
This article does not limit article 6 .
2004 Regulations
8
The 2004 Regulations have effect as if modified by the provisions set out in Schedule 2.
Authorisation: permission to carry on regulated activities
9
1
During the deemed authorisation period BCo is to be treated as having a Part IV permission to carry on the regulated activities specified in the first column of the table in Schedule 3 but subject to the limitations specified in the other columns of that table.
2
But paragraph (1) only applies once payment in respect of the provisional allotment of 1,399,950,000 ordinary shares of £1 each in BCo to the Treasury Solicitor has been made by the Treasury to BCo.
3
The FSA may vary or revoke the Part IV permission BCo is treated as having by virtue of paragraph (1) in the same circumstances in which, and in accordance with the same procedure by which, it may vary or revoke a Part IV permission granted under section 42(2) of FSMA 2000 (giving permission).
4
In this article, “the deemed authorisation period” means the period beginning with the time at which this article comes into force and ending with the earlier of the following —
a
the time at which the FSA grants permission under section 42 of FSMA 2000 for BCo to carry on all of the regulated activities BCo is treated as having permission to carry on by virtue of paragraph (1);
b
the end of 31st January 2010.
Authorisation: controlled functions
10
1
During the deemed approval period, the requirements imposed on BCo by section 59 of FSMA 2000 (approval for particular arrangements) in respect of any individual performing a controlled function for or in relation to BCo are to be treated as satisfied.
2
But paragraph (1) only has effect if, and for so long as, the FSA is satisfied that at least two individuals who effectively direct the business of BCo are of sufficiently good repute and have sufficient experience to perform controlled functions in that respect.
3
Paragraph (1) ceases to have effect in relation to an individual when the FSA determines under section 61 of FSMA 2000 an application for approval in relation to that individual (irrespective of whether the application is granted or refused).
4
In this article —
“controlled function” is to be construed in accordance with section 59(3) of FSMA 2000;
“the deemed approval period” means the period beginning with the time at which this article comes into force and ending with the end of 31st January 2010.
Construction of documents
11
As from the transfer time, and save as otherwise provided in this Order —
a
agreements made or other things done by or in relation to ACo shall be treated, so far as may be necessary for the purposes of, in connection with or in consequence of the transfer, but not otherwise, as made or done by or in relation to BCo (as the case may be), and
b
references to ACo, or to any officer or employee of ACo, in instruments or documents relating to the property, rights and liabilities transferred by article 3 shall have effect as if they were references to BCo, or to any officer or employee of BCo (as the case may be).
Employees
12
1
The 2006 Regulations and sections 257 and 258 of the Pensions Act 2004 apply on the transfer as if relevant individuals are assigned to the organised grouping of resources or employees that is subject to the relevant transfer.
2
Paragraph (1) applies whether or not the transfer would otherwise be regarded for the purposes of the 2006 Regulations as giving rise to a relevant transfer.
3
In this article —
“organised grouping of resources or employees” is to be construed in accordance with the 2006 Regulations;
“relevant individuals” means all individuals employed by ACo other than the individuals employed to work in the Irish branch;
“relevant transfer” is to be construed in accordance with Regulation 2 of the 2006 Regulations.
Modifications to relevant arrangements relating to certain regulatory permissions, &c.
13
1
The provisions of relevant arrangements specified in paragraph (2) have no effect.
2
The provisions are —
a
any provision requiring ACo to hold, or represent or warrant that it holds, a relevant regulatory permission, or
b
any provision which provides for any default event consequence, should ACo cease to hold a relevant regulatory permission or should any relevant regulatory permission of ACo be varied.
3
A “relevant regulatory permission” means a regulatory permission to carry out a regulated activity specified in Schedule 4.
Transitional provision: third party services or facilities
14
1
In this article —
“a Class A service” means any service in respect of which the following conditions are met —
Condition 1 is that the service is performed or provided by any person under any relevant arrangement;
Condition 2 is that the service is performed for or provided to BCo as from, or at any time after, the transfer time;
Condition 3 is that BCo requires the service to perform a service for or provide a service to ACo, or any group undertaking of ACo, under any arrangement;
“a Class A facility” means any facility in respect of which the following conditions are met —
Condition 1 is that the facility is provided by any person under any relevant arrangement;
Condition 2 is that the facility is provided to BCo as from, or at any time after, the transfer time;
Condition 3 is that BCo requires the facility to provide a service or facility to, or to perform a service for, ACo, or any group undertaking of ACo, under any arrangement;
“a Class B service” means any service in respect of which the following conditions are met —
Condition 1 is that the service is performed or provided by any person under any relevant arrangement;
Condition 2 is that the service is performed for or provided to ACo as from, or at any time after, the transfer time;
Condition 3 is that ACo requires the service to perform a service for or provide a service to BCo under any arrangement;
“a Class B facility” means any facility in respect of which the following conditions are met —
Condition 1 is that the facility is provided by any person under any relevant arrangement;
Condition 2 is that the facility is provided to ACo as from, or at any time after, the transfer time;
Condition 3 is that ACo requires the facility to provide a service or facility to, or to perform a service for, BCo under any arrangement.
2
In this Order, “the relevant transitional period” means the period starting with the transfer time and ending with the end of 31st December 2010.
3
Paragraphs (4) to (9) apply during the relevant transitional period.
4
BCo may —
a
use any Class A service or Class A facility for the benefit (in whole or in part) of ACo or any group undertaking of ACo, or
b
provide for ACo, or any group undertaking, of ACo to enjoy the benefit (in whole or in part) of any Class A service or Class A facility.
5
Any person performing or providing a Class A service, on notice in writing by BCo, must perform the service for or provide the service to ACo, or any group undertaking of ACo, directly to the extent specified in the notice.
6
Any person providing a Class A facility, on notice in writing by BCo, must provide the facility to ACo, or any group undertaking of ACo, directly to the extent specified in the notice.
7
ACo may —
a
use any Class B service or Class B facility for the benefit (in whole or in part) of BCo, or
b
provide for BCo to enjoy the benefit (in whole or in part) of any Class B service or Class B facility.
8
Any person performing or providing a Class B service, on notice in writing by ACo, must perform the service for or provide the service to BCo directly to the extent specified in the notice.
9
Any person providing a Class B facility, on notice in writing by ACo, must provide the facility to BCo directly to the extent specified in the notice.
Transitional provision: ACo services or facilities
15
1
During the relevant transitional period, ACo may procure that —
a
any ACo service is performed or provided by BCo, or
b
any ACo facility is provided by BCo.
2
In paragraph (1) —
“ACo facility” means any facility which ACo is required to provide under any ACo arrangement to any person;
“ACo service” means any service which ACo is required to perform or provide under any ACo arrangement to any person.
Transitional provision: Bacs schemes
16
1
During the relevant transitional period, each provision of any Bacs arrangement specified in paragraph (2) has no effect.
2
The provisions are —
a
any provision requiring BCo to hold any credit rating, or
b
any provision which provides, should BCo cease to hold any credit rating, for any default event consequence.
3
Paragraph (1) ceases to have effect in relation to a provision specified by paragraph (2) when BCo obtains the credit rating required by the provision.
4
In paragraph (1), “Bacs arrangement” means any ACo arrangement in respect of the Bacs schemes.
Transitional provision: receipt of certain payments by BCo
17
1
During the relevant transitional period, any payment received by BCo for the account of ACo is to be treated as received for the account of BCo.
2
This article does not limit article 11 .
Shadow directorship, &c.
18
1
Paragraphs (2) and (3) apply while BCo is wholly owned by the Treasury.
2
A relevant person is not to be treated as —
a
a shadow director of BCo or any group undertaking of BCo for the purposes of the provisions listed in Schedule 5;
b
a person discharging managerial responsibilities in respect of BCo or any group undertaking of BCo for the purposes of the provisions listed in Schedule 5 (unless that person has been appointed as a director).
3
Nor is a relevant person to be treated as a director of BCo or a group undertaking of BCo by virtue of paragraph (b) of the definition of director in section 417(1) of FSMA 2000 (certain persons in accordance with whose directions or instructions the directors of the body corporate are accustomed to act).
4
In this article, a “relevant person” is any of —
a
a Minister of the Crown;
b
the Treasury;
c
the Treasury Solicitor;
d
the Bank of England;
e
UK Financial Investments Limited;
f
a person —
i
employed by or under, or
ii
acting on behalf of,
any of the persons specified in sub-paragraphs (a) to (e).
Freedom of information
19
1
Paragraphs (2) and (3) apply while BCo is wholly owned by the Treasury.
2
BCo is not to be treated as —
a
a publicly-owned company for the purposes of section 3(1)(b) of the Freedom of Information Act 2000 ;
b
holding information on behalf of —
i
a Minister of the Crown,
ii
the Treasury,
iii
the Treasury Solicitor,
iv
the Bank of England, or
v
UK Financial Investments Limited,
for the purposes of section 3(2)(b) of that Act.
3
Paragraph (2) applies to any group undertaking of BCo as it applies to BCo.
Modification to FSA’s rule-making power
20
1
Subsections (1) and (1A) of section 138 of FSMA 2000 (general rule-making power) have effect as if modified by inserting after “protecting the interests of consumers” —
or for the purposes of, or to facilitate, or in consequence of, a transfer under section 8 of the Banking (Special Provisions) Act 2008
.
2
Section 148(2) of FSMA 2000 (modification or waiver of rules) shall also apply in relation to a relevant undertaking —
a
in the absence of an application by a person subject to rules made by the FSA, and
b
without any requirement for the consent of such a person.
3
Section 148(4) of FSMA 2000 is to have effect such that it does not prevent the FSA from modifying or waiving rules in relation to a relevant undertaking under section 148 of that Act where the following condition is satisfied.
4
The condition is that the FSA is satisfied that the modification or waiver is necessary for the purposes of, or to facilitate, or in consequence of the transfer.
Modification to FSA’s duty to consult on rule changes
21
1
Section 155(7) of FSMA 2000 (consultation) has effect as if modified by inserting at the end —
or if it is making rules for the purposes of, or to facilitate, or in consequence of, a transfer under section 8 of the Banking (Special Provisions) Act 2008.
.
2
Section 157 of FSMA 2000 (guidance) has effect as if modified by inserting after subsection (3) —
3A
Section 155(7) applies to proposed guidance as it applies to proposed rules with the modification made by article 21 of the Northern Rock plc Transfer Order 2009.
.
Modification instruments
22
1
ACo and BCo may agree to make a modification instrument.
2
A modification instrument may modify any provision of this Order, so long as this Order could originally have been made with that modification in accordance with the relevant provisions of the 2008 Act.
3
A modification instrument may only be made with the consent of the Treasury.
4
A modification instrument must be in writing.
5
As soon as practicable after making a modification instrument —
a
ACo must send the modification instrument to the Treasury;
b
ACo must arrange for the modification instrument to be published in two newspapers, chosen by ACo to maximise the likelihood of the instrument coming to the attention of any person likely to be affected;
c
ACo and BCo must publish the modification instrument on their internet websites.
Steve McCabe
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
8th December 2009


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 10) 2009 and shall come into force on 3rd August 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 3rd August 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 3rd August 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
1
In these Regulations —
“clearing participant” means a member of (a) European Multilateral Clearing Facility NV ( EMCF ) who as such is permitted by the Rules of EMCF or (b) X-CLEAR who as such is permitted by the Rules of X-CLEAR to clear transactions made on the Facility for a traded security and who may or may not also be a participant in the Facility;
“client” means a person who gives instructions to a non-clearing firm for traded securities to be sold on the Facility;
“EMCF” means European Multilateral Clearing Facility NV, a company which is a recognised clearing house under the Financial Services and Markets Act 2000 ;
“X-CLEAR” means SIX X-CLEAR AG, a company which is a recognised clearing house under the Financial Services and Markets Act 2000;
“the Facility” means the multilateral trading facility operated by NASDAQ OMX Europe Limited, a company which is authorised to operate a multilateral trading facility for the purposes of Part IV of the Financial Services and Markets Act 2000;
“nominee” means a person whose business is or includes holding traded securities as a nominee for EMCF or X-CLEAR acting in its capacity as a person providing clearing services in connection with a transaction made on the Facility, or as a nominee for a clearing participant (as the case may be);
“non-clearing firm” means a participant in the Facility other than a clearing participant;
“traded securities” means stocks and shares which are issued or raised by a company but does not include stocks and shares issued by a company 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 company; 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 company incorporated in the United Kingdom.
Prescription of recognised investment exchanges and recognised clearing houses
3
For the purpose of sections 116 and 117 of the Finance Act 1991 —
a
NASDAQ OMX Europe Limited (“the Facility”) is prescribed as a recognised investment exchange; and
b
European Multilateral Clearing Facility NV is prescribed as a recognised clearing house; and
c
SIX X-CLEAR AG is prescribed as a recognised clearing house.
Prescribed circumstances for the purposes of sections 116 and 117
4
1
In the circumstances prescribed in this regulation, a charge to stamp duty or stamp duty reserve tax shall be treated as not arising.
2
The circumstances prescribed are where, in connection with a transaction made on the Facility conditions A and B are met.
3
Condition A is that traded securities of a particular kind are issued or transferred, or agreed to be issued or 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 to a clearing participant or a nominee of a clearing participant,
c
a clearing participant or a nominee of a clearing participant to EMCF or X-CLEAR, or to a nominee of either EMCF or X-CLEAR.
d
a person other than a clearing participant to EMCF or X-CLEAR, or to a nominee of EMCF or X-CLEAR, 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 EMCF or X-CLEAR, or to a nominee of either EMCF or X-CLEAR, or
e
X-CLEAR or EMCF, or a nominee of either X-CLEAR or EMCF to a clearing participant or a nominee of a clearing participant.
f
X-CLEAR or a nominee of that clearing house to EMCF or a nominee of that clearing house.
g
EMCF or a nominee of that clearing house to X-CLEAR or a nominee of that clearing house.
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) (“the relevant agreement”) is required on receipt of those securities to transfer traded securities under a matching agreement to another person or, in the case of an agreement falling within paragraph (3)(d), would have been so required if the failure referred to in that paragraph had not occurred.
5
In paragraph (4) —
a
a “matching agreement” means an agreement under which —
i
the traded securities agreed to be transferred are of the same kind as the traded securities agreed to be transferred under the relevant agreement, and
ii
the number and transfer price of the traded securities agreed to be transferred are identical to the number and transfer price of the traded securities agreed to be transferred under the relevant agreement;
b
references to X-CLEAR or EMCF are references to that clearing house in its capacity as a person providing clearing services in connection with a transaction made on the Facility;
c
references to a clearing participant are references to a clearing participant in its 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 party to the agreement in a separate designated account, and not otherwise.
2
In paragraph (1) “designated account” means an account designated by X-CLEAR or EMCF for a clearing participant in connection with the traded securities concerned.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
9th July 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Flexible New Deal (Miscellaneous Provisions) Order 2009.
2
It shall come into force on 5th October 2009.
3
In this Order —
“the Flexible New Deal” means the employment programme specified in regulation 75(1)(a)(v) of the Jobseeker’s Allowance Regulations 1996 ;
“facilities” includes the provision of services;
“New Deal participant”, in relation to any time, means a person who is at that time participating in the Flexible New Deal;
“trading payment” means a payment made to a Flexible New Deal participant in consideration of goods or services supplied by that person in the course of participating in the Flexible New Deal;
“training allowance” means a payment made by the Secretary of State to a person in connection with that person’s participation in the Flexible New Deal.
Treatment of persons and payments for the purposes of the Social Security Contributions and Benefits Act 1992, the Jobseekers Act 1995 and specified subordinate legislation
2
1
The provisions of this article shall apply to the following legislation —
a
Part 1 of the Social Security Contributions and Benefits Act 1992 ;
b
the Jobseekers Act 1995 ; and
c
the subordinate legislation specified in the Schedule to this Order.
2
If, for any period commencing on or after the day on which this Order comes into force, a Flexible New Deal participant receives, or is eligible to receive, a training allowance, that person is to be treated for that period and in respect of participation in the Flexible New Deal as not being employed but as participating in arrangements for training under section 2 of the Employment and Training Act 1973.
3
Except as mentioned in paragraph (4), any payment made to a Flexible New Deal participant during that period in connection with that person’s use of facilities provided in pursuance of those arrangements shall be treated in the same manner as a payment of training allowance made in respect of such training.
4
Paragraph (3) does not apply in respect of any trading payment made to a Flexible New Deal participant who is receiving assistance in pursuing self-employed earner’s employment whilst participating in that programme.
Signed by authority of the Secretary of State for Work and Pensions
Jim Knight
Minister of State,
Department for Work and Pensions
23rd June 2009


text:
PART 1 PRELIMINARY
Citation and commencement
1
These Rules may be cited as the Armed Forces (Custody Proceedings) Rules 2009 and shall come into force on 31st October 2009.
Interpretation
2
1
In these Rules —
“ the Act ” means the Armed Forces Act 2006;
“civilian policeman” means a member of a UK police forces or a British overseas territory police force;
“custody” means service custody and shall be construed in accordance with sections 98 to 111;
“ DX ” means document exchange;
“the Director” means the Director of Service Prosecutions;
“hearing” means a hearing in connection with any proceedings;
“the judge advocate” means the Judge Advocate General or a judge advocate specified by him to conduct proceedings under these Rules;
“legal representative” shall be construed in accordance with rule 18 ;
“live link” has the meaning given in rule 16(3)(a) ;
“proceedings” shall be construed in accordance with section 112(1); and
“unit” means —
a naval ship or establishment;
any body of members of Her Majesty’s forces formed under the command of a person appointed to be the commanding officer of the body;
an air force station.
2
References in these Rules to a person to whom proceedings relate are to —
a
a person arrested under section 67;
b
an accused within the meaning of sections 106 to 109;
c
a person arrested under section 110(1) or 111(1); or
d
a person remitted under section 171(1).
3
Any reference in these Rules to a numbered section is to that section of the Act, unless otherwise stated.
PART 2 SERVICE OF DOCUMENTS
Interpretation of Part 2
3
1
References in this Part to a requirement that a document be served on a person include any requirement that the document be supplied to the person, however expressed.
2
References in this Part to a person’s agreement to the service of a document in a particular way include his agreement that any document of a description specified by him may be served in that way.
Service on a person to whom proceedings relate
4
1
Where under these Rules any document is to be served on a person to whom proceedings relate, it may be served —
a
on him personally;
b
if he is subject to service law, by post in a letter addressed to him at his unit;
c
if he is not subject to service law —
i
by leaving it at his usual or last known place of abode; or
ii
by post in a letter addressed to his usual or last known place of abode;
d
by post in a letter addressed to his legal representative’s place of business; or
e
by DX, fax, electronic mail or other electronic means to his legal representative, where his legal representative —
i
has given a DX box number, fax number or electronic mail or other electronic means address; and
ii
has not refused to accept service by that means.
2
In this rule references to the person’s legal representative are to any person of whose name and address the court administration officer has been notified under rule 18(7) .
Service on the court administration officer
5
Where under these Rules any document is to be served on the court administration officer, it may be served —
a
by post, DX, fax, electronic mail or other electronic means to any office of the Military Court Service; or
b
on a member of that Service personally, with his agreement.
Service on the Director
6
Where under these Rules any document is to be served on the Director, it may be served —
a
by post, DX, fax, electronic mail or other electronic means to —
i
the principal office of the Service Prosecuting Authority; or
ii
with the agreement of a prosecuting officer, that Authority’s main office in Germany; or
b
on a prosecuting officer personally, with his agreement.
Service on other individuals
7
Where under these Rules any document is to be served on an individual other than a person to whom proceedings relate, the court administration officer or the Director, it may be served —
a
on the individual personally;
b
if he is subject to service law, by post in a letter addressed to him at his unit;
c
if he is not subject to service law —
i
by leaving it at his usual or last known place of abode; or
ii
by post in a letter addressed to his usual or last known place of abode.
Service by another method
8
1
A judge advocate may direct that a document may be served by a method other than those mentioned in rules 4 to 7 .
2
A direction under this rule —
a
must specify —
i
the method to be used; and
ii
the date by which the document must be served; and
b
may specify the time on that date by which the document must be served.
3
A judge advocate may treat a document as served if the addressee responds to it, even if it was not served in accordance with these Rules.
Service by commanding officer
9
Where a document to be served on a person is sent or delivered to his commanding officer, his commanding officer must arrange for the document to be served on him personally as soon as is reasonably practicable.
Service by fax or electronic means
10
Where a document is served by fax, electronic mail or other electronic means, the person serving it need not provide a paper copy as well.
Date of service
11
Unless the contrary is shown, a document served on a person (otherwise than personally) shall be assumed to have been served —
a
in the case of a document sent by post from the United Kingdom to an address within the United Kingdom, on the fifth day after the day on which it was despatched;
b
in the case of a document sent by post —
i
from the United Kingdom or Germany to an address within Germany, or
ii
from Germany to an address within the United Kingdom,
on the tenth day after the day on which it was despatched;
c
in the case of any other document sent by post, on the tenth day after the day on which it was despatched;
d
in the case of a document served by DX, on the fifth day after the day on which it was left at the addressee’s DX box number or despatched;
e
in the case of a document served by fax, electronic mail or other electronic means, on the day after it was transmitted; and
f
in any case, on the day on which the addressee responds to it if that is earlier.
Proof of service
12
1
Where —
a
under any of rules 4 to 7 or a direction under rule 8 , a document may be served by a particular method, and
b
a certificate is produced which —
i
states that the document was so served, and
ii
is signed by a person who purports to have so served the document,
the document shall be assumed to have been so served, unless the contrary is shown.
2
Where a certificate is produced which —
a
states that a document was despatched, left at a DX box number or transmitted on a particular day, and
b
is signed by a person who purports to have despatched, left or transmitted the document,
for the purposes of rule 11 the document shall be assumed to have been despatched, left or transmitted on that day, unless the contrary is shown.
3
This rule is subject to any provision requiring proof on oath.
PART 3 PROCEEDINGS: GENERAL
The court administration officer
13
The court administration officer or a person acting on his behalf must exercise his functions subject to any direction given by a judge advocate.
Arranging a hearing
14
Where the court administration officer receives notification under rule 24(1)(a) , 25(1)(a) or 26(1)(a) or an application under rule 29(1) he shall, after consultation with the Judge Advocate General, determine the time and place of any hearing.
Notification of proceedings
15
The court administration officer must serve notice of any time and place appointed by him for the commencement or resumption of any hearing on —
a
each person to whom the proceedings relate;
b
the legal representative (if any) of each such person;
c
the commanding officer of each such person; and
d
any such other person as the Judge Advocate General may direct.
Live links
16
1
Any person may (and, if in service custody, must) attend any proceedings under these Rules by live link, if a judge advocate so directs.
2
A person who attends any proceedings by live link, and could give oral evidence in the proceedings if he were in the place where the proceedings are being held, may give evidence by live link.
3
In these Rules —
a
“live link” means an arrangement by which a person, when not in the place where proceedings are being held, is able to see and hear, and to be seen and heard by, the judge advocate during proceedings (and for this purpose any impairment of eyesight or hearing is to be disregarded); and
b
references to bringing a person before the judge advocate include bringing him to a place from which he can attend proceedings by live link.
4
A direction under this rule may be given by any judge advocate.
5
Where a direction is given under this rule in relation to a witness, the witness may not give evidence otherwise than by live link without the leave of the judge advocate.
6
A judge advocate may give a direction under this rule, or give permission for the purposes of paragraph (5) —
a
on an application by a party to the proceedings; or
b
of his own motion.
Proceedings in absence of a person to whom the proceedings relate
17
Proceedings may be held in the absence of any person to whom they relate, if the judge advocate so directs.
Legal representation
18
1
The person to whom the proceedings relate and the commanding officer shall each have the right to be legally represented at a hearing.
2
The person to whom the proceedings relate may appoint a legal representative to act for him in these proceedings.
3
The commanding officer may be legally represented at a hearing.
4
A person may be appointed as a legal representative under paragraph (2) or (3) only if he is —
a
a person who has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 ;
b
an advocate or solicitor in Scotland;
c
a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland; or
d
a person who has in any of the Channel Islands, the Isle of Man, a Commonwealth country or a British overseas territory rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules.
5
The commanding officer shall ensure that the person to whom proceedings relate is afforded reasonable opportunity of communicating with his legal representative.
6
Any right conferred or duty imposed by these Rules on the person to whom the proceedings relate may be exercised or, as the case may be, performed by his legal representative on his behalf.
7
A legal representative appointed under this rule shall notify the court administration officer of —
a
his name and address;
b
the name of the person in respect of whom he is acting and, where applicable, that person’s rank or rate, service number and unit; and
c
the proceedings in connection with which he has been appointed.
8
Where the person to whom the proceedings relate revokes his legal representative’s appointment, he shall as soon as reasonably practicable notify the court administration officer and the commanding officer of that fact.
Witnesses
19
Schedule 1 shall have effect.
Interpreters
20
1
The court administration officer may appoint a person to act as interpreter for the purposes of any proceedings.
2
Before an interpreter begins to act, an oath must be administered to him.
3
Before an interpreter is sworn, his name must be read out and any party to the proceedings may object to him on any reasonable ground, and, if the judge advocate upholds any such objection, the interpreter shall not be sworn.
Oaths and affirmations
21
1
This rule applies where under these Rules an oath is required to be administered to a person.
2
Sections 1 and 3 to 6 of the Oaths Act 1978 shall apply, as modified by paragraph (3) , as they would apply if the person were required to take an oath in England and Wales.
3
Where section 1 or 6 of that Act applies by virtue of this rule, the reference in that section to the words of the oath prescribed by law is to be read as a reference to the words prescribed by Schedule 1 for a person of the class to which the person belongs.
Record of proceedings
22
1
A record must be made of any proceedings under these Rules.
2
The record of proceedings must include —
a
a record of any order made, and any direction or ruling given, by the judge advocate; and
b
if a court recorder was appointed for the proceedings, a sound recording of the proceedings, and any transcript of it (signed by the transcriber).
3
The court administration officer shall send a copy of the record of proceedings to —
a
the Judge Advocate General;
b
the person to whom the proceedings relate;
c
that person’s commanding officer; and
d
the Director.
4
The record of proceedings shall be kept in the custody of the Judge Advocate General together with any file of correspondence or other papers maintained by the court administration officer in connection with the proceedings, for at least six years from the conclusion of the proceedings.
5
A copy of the record of proceedings, or any part of it, shall be supplied on request —
a
to any party to the proceedings, without charge; and
b
to any other person, on payment of such charge as may be fixed by the Judge Advocate General.
Circumstances not provided for
23
Subject to any other enactment (including any other provision of these Rules), the judge advocate shall ensure that proceedings are conducted —
a
in such a way as appears to him most closely to resemble the way in which comparable proceedings of a magistrates’ court in England and Wales would be conducted in comparable circumstances; and
b
if he is unable to determine how comparable proceedings of a magistrates’ court in England and Wales would be conducted in comparable circumstances, in such a way as appears to him to be in the interests of justice.
PART 4 NOTIFICATIONS
Notification of application for an extension of custody without charge
24
1
Where a commanding officer proposes to make an application for an extension of custody without charge under section 101(1) he, or someone acting on his behalf, shall —
a
notify the court administration officer of that fact and the necessary information; and
b
inform the person arrested in writing of that fact and of the information specified in paragraph (2)(f), (g) and (h) and, if the person arrested has not appointed a legal representative, of the entitlement to legal representation at the hearing of the application.
2
The necessary information to be notified under paragraph (1)(a) is —
a
the name, rank, appointment and location of the commanding officer;
b
the name, date of birth and location of the person arrested and, where applicable, his rank or rate, service number and unit;
c
the name and address of the legal representative of the person arrested, if known;
d
the nature of the offence or offences for which the person arrested has been arrested;
e
the time of the arrest;
f
the general nature of the evidence on which the person arrested has been arrested;
g
what inquiries relating to the offence have been made and what further inquiries are proposed; and
h
the commanding officer’s reasons for believing that the continued keeping of the person arrested in custody is justified.
3
In relation to a person arrested under section 67 after —
a
being arrested by a civilian policeman, or
b
surrendering to a civilian policeman as being a person subject to service law who has deserted or is absent without leave,
the reference in paragraph (2)(e) to the time of the arrest is to the time of the earlier arrest or of the surrender, as the case may be.
Notification that accused is being kept in custody after charge
25
1
Where a person (“the accused”) is kept in custody after being charged, the commanding officer, or someone acting on his behalf, shall as soon as practicable —
a
notify the court administration officer of that fact and the necessary information; and
b
inform the accused in writing that he is to be brought before a judge advocate as soon as practicable and of the information specified in paragraph (2).
2
The necessary information to be notified under paragraph (1) is —
a
the name, rank, appointment and location of the commanding officer;
b
the name, date of birth and location of the accused and, where applicable, his rank or rate, service number and unit;
c
the name and address of the accused’s legal representative, if known;
d
the charge or charges;
e
the date and time that the accused was charged;
f
the commanding officer’s reasons for believing that the continued keeping of the accused in custody is justified; and
g
if he considers it necessary, any requirements that the commanding officer believes that the judge advocate should impose under section 107(3) of the Act.
3
For the purposes of this rule, a person is to be treated as charged with an offence when a charge is brought under section 120(2) or 122(1).
4
On receipt of such notification, the court administration officer shall arrange a hearing as soon as reasonably practicable.
Notification that accused has been arrested and taken into custody after charge
26
1
Subject to paragraph (3), where a person (“the accused”) is arrested under section 110(1) or 111(1) and kept in custody, the accused’s commanding officer, or someone acting on his behalf, shall as soon as practicable —
a
notify the court administration officer of that fact and the necessary information; and
b
inform the accused in writing that he is to be brought before a judge advocate as soon as practicable and, if the accused has been arrested under section 110(1), the information specified in paragraph (2)(f).
2
The necessary information to be notified under paragraph (1)(a) is —
a
the name, rank, appointment and location of the commanding officer;
b
the name, date of birth and location of the accused and, where applicable, his rank or rate, service number and unit;
c
the name and address of the accused’s legal representative, if known;
d
the charge or charges;
e
the date, time and place of the arrest; and
f
if the arrest is made under section 110(1), the commanding officer’s reasons for believing that the keeping of the accused in custody is justified.
3
Paragraph (1) shall not apply where the accused is already before a judge advocate when the arrest is made.
4
On receipt of notification under paragraph (1)(a), the court administration officer shall arrange a hearing as soon as reasonably practicable.
Request by the commanding officer for a review
27
1
Subject to paragraph (3), a request for a review under section 108(2)(b) shall be made to the court administration officer by the commanding officer of the person to whom the proposed review relates (“the accused”) and shall be supported by the following information —
a
the name, rank, appointment and location of the commanding officer;
b
the name, date of birth and location of the accused and, where applicable, his rank or rate, service number and unit;
c
the name and address of the accused’s legal representative, if known;
d
the charge or charges;
e
the date on which the extant order under section 105(2) was made and the period of custody authorised by it;
f
the circumstances which have caused the commanding officer to consider that the grounds on which that order was made have ceased to exist; and
g
if it appears to the commanding officer that requirements should be imposed by the judge advocate under section 107(3), the suggested requirements.
2
Where a request is made under section 108(2)(b), the commanding officer, or someone acting on his behalf, shall inform the accused of that fact in writing and of the information specified in paragraph (1)(f) and (g).
3
Where the commanding officer requests a review under section 108(2)(b) the prosecution has begun to open its case against the accused before the Court Martial or the Service Civilian Court and at a time when that court is sitting, the request shall be made to the judge advocate for the proceedings before that court.
Written notification
28
1
Where —
a
a notification required to be given to the court administration officer under rule 24(1)(a) , 25(1)(a) or 26(1)(a) is given orally, or
b
a request under rule 27(1) is made orally,
the commanding officer shall ensure that a written notice containing the information given in support of the notification or request is served on the court administration officer as soon as practicable thereafter.
Application for variation or discharge of a requirement imposed under section 107(3)
29
1
An application under section 107(4) shall be made to the court administration officer and be supported by the following information —
a
the name, rank, appointment and location of the commanding officer of the person to whom the application relates (“the accused”);
b
the name, date of birth and location of the accused and, where applicable, his rank or rate, service number and unit;
c
the name and address of the accused’s legal representative, if known;
d
the charge or charges;
e
the date of the hearing under section 105(1) and any requirements imposed under section 107(3) (including any such requirement as previously varied or discharged under section 107(4));
f
the circumstances which have caused the applicant to consider that any such requirement should be varied or discharged; and
g
whether the applicant seeks the variation or discharge of the requirement, and, if he seeks variation, the variation sought.
2
Where an application is made under section 107(4) by the accused’s commanding officer, the commanding officer, or someone acting on his behalf, shall inform the accused of that fact in writing and of the information specified in paragraph (1)(f) and (g).
3
Where an application is made under section 107(4) by or on behalf of the accused, the accused, or someone acting on his behalf, shall inform his commanding officer of that fact in writing and of the information specified in paragraph (1)(f) and (g).
4
Where an application under section 107(4) is made orally, the applicant shall ensure that a written notice containing the information specified in paragraph (1) is served on the court administration officer, and a copy shall be served on the commanding officer or the accused, as the case may be, as soon as practicable thereafter.
5
Where an application under section 107(4) is made after the prosecution has begun to open its case against the accused before the Court Martial or the Service Civilian Court and at a time when that court is sitting, the request shall be made to the judge advocate for the proceedings before that court.
PART 5 REVIEWS
Review dates
30
1
Where a judge advocate makes an order under section 105(2), he shall determine the date on which that order is to be reviewed and specify that date in the record of the order.
2
A judge advocate may decide to carry out the review on a different date where —
a
a request for a review is made under section 108(2)(b) and he considers that it is reasonably practicable for the review to take place before the date determined under paragraph (1), or
b
it is not practicable or in the interests of justice for the review to take place on the date determined under paragraph (1),
in which case the court administration officer shall notify the commanding officer and the accused of the different date.
Requirement for a hearing
31
1
This rule applies to reviews carried out under sections 108(1), 110(4), 111(4) or 171(2).
2
A review shall be carried out at a hearing if —
a
it is the first review in relation to the accused;
b
it has been requested under section 108(2)(b); or
c
it is a review carried out at any time after the commencement of the accused’s trial by the Court Martial or the Service Civilian Court and before the announcement of that court’s finding on every charge against the accused, other than during an adjournment.
3
In any other case, a review shall be carried out at a hearing unless —
a
a judge advocate is satisfied on the basis of the representations made by the commanding officer under rule 32 that the grounds on which the order made under section 105(2) continue to exist;
b
the accused has not made representations under rule 32 or, where such representations have been made, they do not contain any arguments as to fact or law which have not been heard previously; and
c
a judge advocate is satisfied that there is no other cause for carrying out the review at a hearing.
4
A judge advocate shall not on a review impose any requirements under section 107(3) unless the review is carried out at a hearing.
Written representations
32
1
This rule applies to any review other than a review to which rule 31(1) applies.
2
The commanding officer and the accused may make written representations with respect to —
a
the need for a hearing for the purposes of carrying out a review;
b
whether or not a judge advocate should on a review make an order under section 105(2) authorising the keeping of the accused in custody.
3
Any written representations made under paragraph (2) shall be served on the court administration officer and a copy shall be served on the commanding officer or, as the case may be, the accused.
Notification of hearing for the purposes of carrying out a review
33
1
Where a hearing is required for the purposes of carrying out a review, the court administration officer shall, after consultation with the Judge Advocate General or a person acting on his behalf, determine the time and place of the hearing.
2
The court administration officer shall ensure that the hearing of a review takes place on the date determined by a judge advocate in accordance with rule 30 .
3
The court administration officer shall notify the commanding officer and the accused of the time and place of the hearing.
Decisions on reviews carried out without a hearing
34
1
This rule applies in any case where a judge advocate carries out a review without a hearing.
2
Where the judge advocate decides not to authorise the keeping of the accused in custody he shall —
a
notify the court administration officer of that fact as soon as practicable; and
b
record his decision in writing.
3
Where the court administration officer is notified under paragraph (2)(a), he shall notify the commanding officer and the accused as soon as practicable of the judge advocate’s decision.
PART 6 HEARINGS
Procedure at the hearing
35
1
A judge advocate shall not be bound at a hearing by any enactment or rule of law relating to the admissibility of evidence in proceedings before courts of law.
2
The commanding officer and the person to whom the proceedings relate shall each be heard in such order as the judge advocate shall determine and, in exercising his powers under this paragraph, the judge advocate shall adopt such course as appears to him will best serve the interests of justice.
3
The judge advocate shall explain the order of the proceedings which he proposes to adopt at the beginning of the hearing.
4
Subject to section 108(6), the commanding officer and the person to whom the proceedings relate shall each be entitled to —
a
give evidence on oath and call witnesses,
b
produce to the judge advocate any document or written report, and
c
address the judge advocate at least once,
on any matters relevant to the proceedings.
5
The judge advocate shall make a record of the hearing unless a court recorder is in attendance.
Adjournments
36
1
Where a person to whom the application relates is not legally represented at a hearing, the judge advocate shall explain —
a
the right of that person to be legally represented;
b
the right to an adjournment if he wishes to be so represented; and
c
the effect of such an adjournment.
Presence of witnesses
37
Except where the person is the accused, a person who is called to give evidence shall not, except with the consent of the judge advocate, be present at a hearing while not under examination.
Privileges and immunities
38
A witness at a hearing or any other person whose duty it is to attend before a judge advocate at the hearing shall be entitled to the same immunities and privileges as a witness before the High Court in England and Wales.
Decision of the judge advocate
39
1
The judge advocate shall announce his decision and the reasons for it at the end of any hearing and record that decision in writing.
2
The court administration officer shall serve copies of the decision on the commanding officer and the accused.
PART 7 TRANSITORY AND TRANSITIONAL PROVISIONS
Supreme Court of Northern Ireland
40
Until paragraph 5 of Schedule 11 to the Constitutional Reform Act 2005 comes into force, the reference in rule 18 to the Court of Judicature of Northern Ireland is to be read as a reference to the Supreme Court of Northern Ireland.
Transitional
41
Schedule 3 shall have effect.
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
28th April 2009


text:
Citation, commencement, extent and interpretation
1
1
This Order may be cited as the European Parliamentary Elections (Local Returning Officers’ Charges) (England, Wales and Gibraltar) Order 2009 and shall come into force on the day after the day on which it is made.
2
This Order extends to England, Wales and Gibraltar.
3
In this Order “the 2004 Regulations ” means the European Parliamentary Elections Regulations 2004.
Revocation
2
The European Parliamentary Elections (Local Returning Officers’ Charges) (Great Britain and Gibraltar) Order 2004 is revoked.
Overall maximum recoverable amount
3
The overall maximum recoverable amount for each local counting area is listed in column 4 of the table in the Schedule (“overall maximum recoverable amount”).
Maximum recoverable amount for specified services
4
The total of the charges recoverable by a local returning officer in respect of the services of the description specified in article 5 shall not exceed the amount listed for each local counting area in column 2 of the table in the Schedule (“maximum recoverable amount for the specified services”).
5
The specified services are —
a
conducting the election;
b
discharging the local returning officer’s duties at the election; and
c
making arrangements for the election.
Maximum recoverable amount for specified expenses
6
The total of the charges recoverable by a local returning officer in respect of the expenses of the description specified in article 7 shall not exceed the amount listed for each local counting area in column 3 of the table in the Schedule (“maximum recoverable amount for the specified expenses”).
7
The specified expenses are —
a
the appointment and payment of persons to assist the local returning officer;
b
travel and overnight subsistence for the local returning officer and any person appointed to assist the local returning officer;
c
printing or otherwise producing the ballot papers;
d
printing, producing or purchasing postal vote stationery;
e
printing or otherwise producing and arranging for the delivery of poll cards;
f
printing or otherwise producing and, where appropriate, publishing notices and any other documents required by the 2004 Regulations;
g
renting, heating, lighting, cleaning, adapting or restoring any building or room;
h
providing and transporting equipment;
i
providing security, including secure storage of ballot boxes, ballot papers and verification documents between polling day and the count;
j
conducting the verification and the count;
k
providing training; and
l
providing stationery and meeting postage, telephone, printing, translation and banking costs and the costs of other miscellaneous items.
Overall maximum recoverable amount at an uncontested election
8
At an uncontested election —
a
articles 3 to 7 above do not apply; and
b
the overall maximum recoverable amount for each local counting area is £1,750.
Signed by authority of the Secretary of State
David Hanson
Minister of State
Ministry of Justice
8th April 2009
We consent to this Order
Frank Roy
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd April 2009


text:
Citation, commencement and application
1
1
This Order may be cited as the School Teachers’ Incentives Payments (England) Order 2009 and comes into force on 1st September 2009.
2
This Order applies only in relation to school teachers in England.
Interpretation
2
In this Order —
“accredited module” means a module forming part of a relevant course which meets specific academic standards laid down by the provider of the course;
“authority” means a local education authority in England;
“credit” means a credit awarded in respect of an accredited module by the provider of the relevant course;
“relevant course” means “the Mathematics Development Programme for Teachers”, “the Science Additional Specialism Programme (Chemistry)” or “the Science Additional Specialism Programme (Physics)” funded by the Training and Development Agency for Schools;
“relevant post” means a permanent post or a post for a fixed term of at least one term in a school maintained by an authority in which the post holder is required to teach the subject which is the subject of the relevant course completed by that person.
Incentive payments to school teachers
3
A lump sum payment made by an authority or the governing body of a school maintained by an authority to a school teacher on taking up or remaining in a relevant post, in consideration of the teacher’s successful completion of a relevant course and attainment of 40 credits at honours level in respect of accredited modules which form part of that course, is not to be treated as remuneration for the purpose of section 122(1) of the Education Act 2002.
Vernon Coaker
Minister of State
Department for Children, Schools and Families
20th July 2009


text:
Citation
1
This Order may be cited as the Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (Commencement No. 2) (Amendment) Order of Council 2009.
Amendment of the Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (Commencement No. 2) Order of Council 2008
2
In article 2 of the Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (Commencement No. 2) Order of Council 2008 (appointed days), in paragraph (3), for sub-paragraph (c) substitute the following sub-paragraph —
c
paragraphs 3(1) and (2) and 4 of Schedule 5 to the principal Order , and article 3(2) of the principal Order in so far as it relates to those paragraphs.
.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (National Insurance Number Information: Exemption) Regulations 2009 and shall come into force on 6th April 2009.
Amendment of the Social Security (Invalid Care Allowance) Regulations 1976
2
In regulation 2A of the Social Security (Invalid Care Allowance) Regulations 1976 (disapplication of section 1(1A) of the Administration Act ), at the end of paragraph (c) add —
d
to an adult dependant who —
i
is a person in respect of whom a claim for an increase of carer’s allowance is made;
ii
is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act 1999 ; and
iii
has not previously been allocated a national insurance number.
.
Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979
3
In regulation 1A of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 (disapplication of section 1(1A) of the Administration Act for the purposes of retirement pension), at the end of paragraph (b) add —
c
to an adult dependant who —
i
is a person in respect of whom a claim for an increase of retirement pension is made;
ii
is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act 1999 ; and
iii
has not previously been allocated a national insurance number.
.
Amendment of the Social Security (Maternity Allowance) Regulations 1987
4
For regulation 1A of the Social Security (Maternity Allowance) Regulations 1987 (disapplication of section 1(1A) of the Administration Act), substitute —
1A
Section 1(1A) of the Social Security Administration Act 1992 (requirement to state a national insurance number) shall not apply to an adult dependant who —
a
is a person in respect of whom a claim for an increase of maternity allowance is made;
b
is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act 1999 ; and
c
has not previously been allocated a national insurance number.
.
Amendment of the Income Support (General) Regulations 1987
5
In regulation 2A of the Income Support (General) Regulations 1987 (disapplication of section 1(1A) of the Administration Act), at the end of paragraph (b) add —
c
to a person who —
i
is a person in respect of whom a claim for income support is made;
ii
is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act;
iii
is not entitled to any income support for the purposes of section 124 of the Contributions and Benefits Act ; and
iv
has not previously been allocated a national insurance number.
.
Amendment of the Social Security (Incapacity Benefit) Regulations 1994
6
In regulation 2A of the Social Security (Incapacity Benefit) Regulations 1994 (disapplication of section 1(1A) of the Administration Act), at the end of paragraph (b) add —
c
to an adult dependant who —
i
is a person in respect of whom a claim for an increase of incapacity benefit is made;
ii
is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act 1999 ; and
iii
has not previously been allocated a national insurance number.
.
Amendment of the Jobseeker’s Allowance Regulations 1996
7
In regulation 2A of the Jobseeker’s Allowance Regulations 1996 (disapplication of section 1(1A) of the Administration Act), at the end of paragraph (b) add —
c
to a person who —
i
is a person in respect of whom a claim for jobseeker’s allowance is made;
ii
is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act;
iii
is not entitled to any jobseeker’s allowance for the purposes of section 1 of the Act; and
iv
has not previously been allocated a national insurance number.
.
Amendment of the State Pension Credit Regulations 2002
8
After regulation 1 of the State Pension Credit Regulations 2002 (citation, commencement and interpretation), insert —
Disapplication of section 1(1A) of the Social Security Administration Act
1A
Section 1(1A) of the Social Security Administration Act 1992 (requirement to state a national insurance number) shall not apply to a person who —
a
is a person in respect of whom a claim for state pension credit is made;
b
is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act 1999 ;
c
does not satisfy the conditions of entitlement to state pension credit as specified in section 1(2); and
d
has not previously been allocated a national insurance number.
.
Amendment of the Housing Benefit Regulations 2006
9
In regulation 4 of the Housing Benefit Regulations 2006 (cases in which section 1(1A) of the Administration Act is disapplied), at the end of paragraph (b) add —
c
to a person who —
i
is a person in respect of whom a claim for housing benefit is made;
ii
is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act;
iii
is a person from abroad for the purposes of these Regulations as defined in regulation 10(2); and
iv
has not previously been allocated a national insurance number.
.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
10
In regulation 4 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (cases in which section 1(1A) of the Administration Act is disapplied), at the end of paragraph (b) add —
c
to a person who —
i
is a person in respect of whom a claim for housing benefit is made;
ii
is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act 1999 ;
iii
is a person from abroad for the purposes of these Regulations as defined in regulation 10(2); and
iv
has not previously been allocated a national insurance number.
.
Amendment of the Council Tax Benefit Regulations 2006
11
For regulation 4 of the Council Tax Benefit Regulations 2006 (disapplication of section 1(1A) of the Administration Act), substitute —
4
Section 1(1A) of the Administration Act (requirement to state a national insurance number) shall not apply —
a
in the case of a child or young person in respect of whom council tax benefit is claimed;
b
to a person who —
i
is a person in respect of whom a claim for council tax benefit is made;
ii
is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act;
iii
is a person from abroad for the purposes of these Regulations as defined in regulation 7(2); and
iv
has not previously been allocated a national insurance number.
.
Amendment of the Council Tax (Persons who have attained the qualifying age for state pension credit) Regulations 2006
12
For regulation 4 of the Council Tax (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (section 1(1A) of the Administration Act disapplied), substitute —
4
Section 1(1A) of the Administration Act (requirement to state a national insurance number) shall not apply —
a
in the case of a child or young person in respect of whom council tax benefit is claimed;
b
to a person who —
i
is a person in respect of whom a claim for council tax benefit is made;
ii
is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act;
iii
is a person from abroad for the purposes of these Regulations as defined in regulation 7(2); and
iv
has not previously been allocated a national insurance number.
.
Amendment of the Employment and Support Allowance Regulations 2008
13
After regulation 2 of the Employment and Support Allowance Regulations 2008 (interpretation), insert —
Disapplication of section 1(1A) of the Social Security Administration Act 1992
2A
Section 1(1A) of the Social Security Administration Act 1992 (requirement to state a national insurance number) shall not apply to a person who —
a
is a person in respect of whom a claim for employment and support allowance is made;
b
is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act;
c
does not satisfy the basic conditions of entitlement to employment and support allowance for the purposes of section 1(3) of the Act; and
d
has not previously been allocated a national insurance number.
.
Signed by authority of the Secretary of State for Work and Pensions.
Tony McNulty
Minister of State,
Department for Work and Pensions
4th March 2009


text:
Citation and interpretation
1
1
This Order may be cited as the Local Democracy, Economic Development and Construction Act 2009 (Commencement No. 2) Order 2009.
2
In this Order “ the Act ” means the Local Democracy, Economic Development and Construction Act 2009.
Provisions coming into force on the day after the making of this Order
2
The following provisions of the Act come into force on the day after this Order is made —
a
sections 88 to 113 (economic prosperity boards and combined authorities);
b
sections 118 to 120 (supplementary provision in relation to EPBs and combined authorities);
c
Schedule 6 (EPBs and combined authorities: amendments).
Provisions coming into force on 12th January 2010
3
Sections 114 to 117 of the Act (order–making powers in relation to EPBs and combined authorities) come into force on 12th January 2010.
Provisions coming into force on 1st April 2010
4
The following provisions of the Act come into force on 1st April 2010 —
a
section 23 (duty of public authorities to secure involvement);
b
section 24 (duty of public authorities to secure involvement: guidance);
c
section 31 (scrutiny officers);
d
section 55 ( Local Government Boundary Commission for England);
e
section 56 (review of electoral arrangements);
f
section 57 (requests for review of single-member electoral areas);
g
section 58 (review procedure);
h
section 59 (implementation of review recommendations);
i
section 60 (transfer of functions relating to boundary change);
j
section 61 (removal of functions relating to boundary and electoral change);
k
section 63 (continuity of functions);
l
section 65 ( electoral changes consequential on boundary change in England);
m
section 66 (repeal of redundant provisions);
n
section 67 (consequential and supplementary provision);
o
section 69 (local authority economic assessments) (so far as not already in force);
p
section 70 (regional strategy);
q
section 72 (responsible regional authorities);
r
section 73 (sustainable development);
s
section 74 (review and revision by responsible regional authorities);
t
section 75 (community involvement);
u
section 76 (examination in public);
v
section 77 (matters to be taken into account in revision);
w
section 78 (approval of revision by Secretary of State);
x
section 79 (reserve powers of Secretary of State);
y
section 80 (revision: supplementary);
z
section 81 (implementation);
aa
section 82 (regional strategy as part of development plan);
bb
section 83 (duties of regional development agencies);
cc
section 85 (consequential provision);
dd
Schedule 1 (Local Government Boundary Commission for England);
ee
Schedule 2 (electoral change in England: considerations on review);
ff
Schedule 4 (boundary and electoral change: amendments)
gg
Schedule 5 (regional strategy: amendments);
hh
Part 3 of Schedule 7 (repeals relating to local government boundary and electoral change);
ii
Part 4 of Schedule 7 (repeals relating to regional strategy).
Signed by authority of the Secretary of State for Communities and Local Government
Rosie Winterton
Minister of State
Department for Communities and Local Government
16th December 2009


text:
Citation and commencement
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Controllers) Regulations 2009 and come into force on 21st March 2009.
Interpretation
2
In these Regulations —
“ the Act ” means the Financial Services and Markets Act 2000 ;
“the Authority” means the Financial Services Authority.
Amendments to the Financial Services and Markets Act 2000
3
Sections 178 to 191G as set out in Schedule 1 have effect in place of the existing sections 178 to 191 in Part 12 of the Act (control over UK authorised persons).
4
In section 192 of the Act (power to change definitions of control etc ) —
a
in paragraph (a) for “190” substitute “191D”;
b
in paragraph (b) —
i
for “179” substitute “181”; and
ii
for “having” substitute “acquiring”;
c
in paragraph (c)for “180” substitute “182”; and
d
in paragraph (d) —
i
for “181” substitute “183”; and
ii
for “reducing his” substitute “reducing or ceasing to have”.
5
Chapter 1A as set out in Schedule 2 has effect in place of the existing Chapter 1A of Part 18 of the Act (control over recognised investment exchanges) .
6
In section 395(13) of the Act (the Authority’s procedures) —
a
after paragraph (bb) insert “(bc) 191B(1);”and
b
after paragraph (f) insert “(fa) 301J(1);”.
7
Sections 422 and 422A as set out in Schedule 3 have effect in place of the existing section 422 of the Act (controller) .
Transitional arrangements for notices
8
Part 12, Chapter 1A of Part 18 and section 422 of the Act as they stood immediately before these Regulations came into force apply in respect of any notification submitted to the Authority under those provisions before the date these Regulations came into force.
Repeal and revocation
9
1
Paragraph 165 of Schedule 27 to the Civil Partnership Act 2004 is repealed.
2
The following provisions of the Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2007 are revoked —
a
paragraph 10 of Schedule 2; and
b
paragraph 20 of Schedule 5.
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
9th March 2009