type: legislation

jurisdiction: UK

text:
1
This scheme may be cited as the M1 Motorway (Junctions 10 to 13 Improvement Connecting Roads) Scheme 2010 and shall come into force on 9 December 2010 .
2
In this Scheme:
1
all measurements of distance are measured along the route of the relevant highway:
2
—
i
“connecting road” means a special road along a route described in the Schedule to this Scheme;
ii
“the Motorway” means the existing M1 Motorway;
iii
“the plan” means the plan folio numbered HA 16/MP/027, containing a site plan, marked “The M1 Motorway (Junctions 10 to 13 Improvement Connecting Roads) Scheme 20..”, signed by authority of the Secretary of State for Transport and deposited at Document Deposit Service, Communities and Local Government, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA; and
iv
“the special roads” means the Motorway and each connecting road.
3
The Secretary of State is authorised to provide the special roads for the exclusive use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
4
The centre line of each of the special roads is indicated by a heavy black line on the plan.
5
Each of the special roads shall become a trunk road on the date when this Scheme comes into force.
Signed by authority of the
Secretary of State for Transport
Russell Wallis
Divisional Director
Highways Agency
22nd November 2010


text:
Title, commencement and application
1
These Regulations —
a
may be cited as the Public Rights of Way (Combined Orders) (England) (Amendment) Regulations 2010;
b
come into force on 1st October 2010; and
c
apply in relation to England only .
Amendment of the Public Rights of Way (Combined Orders) (England) Regulations 2008
2
For the Schedule to the Public Rights of Way (Combined Orders) (England) Regulations 2008 substitute the Schedule contained in the Schedule to these Regulations.
Henley
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
24th August 2010


text:
Citation and commencement
1
These Regulations may be cited as the Aggregates Levy (Northern Ireland Tax Credit) (Revocation) Regulations 2010 and come into force on 1st December 2010.
Revocation of the Northern Ireland tax credit regulations
2
The Aggregates Levy (Northern Ireland Tax Credit) Regulations 2004 are revoked.
Mike Eland
Bernadette Kenny
Two of the Commissioners for Her Majesty’s Revenue and Customs
25th October 2010


text:
Citation and interpretation
1
1
This Order may be cited as the European Communities (Designation) (No. 3) Order 2010 and comes into force on 28th July 2010.
2
In this Order —
“designated” means designated for the purposes of section 2(2), and similar expressions are to be construed accordingly;
“section 2(2)” means section 2(2) of the European Communities Act 1972;
“subordinate legislation” means orders, rules, regulations or schemes made under section 2(2).
Designation in relation to restrictive measures against persons or bodies listed by an international organisation
2
Each of the following is designated in relation to restrictive measures against persons or bodies listed by an international organisation —
a
the Secretary of State; and
b
the Treasury.
Relationship with other designations
3
1
This Order does not restrict the scope of any designation made by any other Order.
2
Where —
a
a Minister or department is designated by this Order, and
b
any other Minister or department is designated in relation to the same matter by this or any other Order,
any of them may make subordinate legislation in relation to that matter jointly.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Appointments Commission (Amendment) Regulations 2010 and shall come into force on 1st June 2010.
Amendment relating to suspension
2
1
The Appointments Commission Regulations 2006 (“the 2006 Regulations”) are amended as follows.
2
After regulation 8 of the 2006 Regulations (suspension of chairman, non-executive members and commissioners) insert —
Suspension of chairman: appointment of vice-chairman
8A
1
This regulation applies where the chairman has been suspended under regulation 8(1).
2
If a vice-chairman has been appointed , the Secretary of State may direct that that appointment ceases to have effect.
3
In those circumstances the Secretary of State may appoint another non-executive member to be vice-chairman.
4
The appointment of a vice-chairman under paragraph (3) shall be for such period, not exceeding the shorter of —
a
the period ending with either —
i
the appointment of a new chairman, or
ii
the revocation or expiry of the existing chairman’s suspension; and
b
the remainder of the vice-chairman’s period of office as a member of the Commission.
5
A person appointed under paragraph (3) may resign the office of vice-chairman by giving notice in writing to the Secretary of State.
6
The Secretary of State may terminate a person’s appointment as vice-chairman under paragraph (3) if satisfied that it would be in the interests of, or conducive to the good management of the Commission for another non-executive member to be vice-chairman.
7
If —
a
a person resigns from the office of vice-chairman under paragraph (5); or
b
the Secretary of State terminates a person’s appointment as vice-chairman under paragraph (6),
the Secretary of State may appoint another non-executive member as vice-chairman under paragraph (3).
.
Signed by authority of the Secretary of State for Health
Ann Keen
Parliamentary Under-Secretary of State,
Department of Health
28th March 2010


text:
Citation and commencement
1
1
This Order may be cited as the Health Professions (Hearing Aid Dispensers) Order 2010.
2
This article and articles 2 to 6 come into force on the day after the day on which this Order is made.
3
Articles 7 to 11 come into force on 1st April 2010.
Interpretation
2
In this Order —
“the 1968 Act ” means the Hearing Aid Council Act 1968 ;
“the 2001 Order ” means the Health Professions Order 2001 ;
“the HAC ” means the Hearing Aid Council ;
“the HPC ” means the Health Professions Council established under article 3 of the 2001 Order;
“the residual period” means the period beginning on 1st April 2010 and ending on the day before the day on which section 123(1) of the Health and Social Care Act 2008 comes into force.
Regulation of dispensers of hearing aids
3
This Order makes provision in respect of the regulation of the profession of dispensers of hearing aids by the HPC.
Transitional, transitory and saving provisions
4
1
In connection with the commencement of any provision of this Order, the Privy Council may by order make such transitional, transitory or saving provisions as it considers appropriate.
2
The power to make an order under paragraph (1) may be exercised —
a
so as to make different provision —
i
with respect to different cases or different classes of cases, or
ii
in respect of the same case or class of case for different purposes;
b
in relation to all cases to which the power extends or in relation to all those cases subject to specified exceptions; or
c
so as to make any supplementary, incidental or consequential provisions which the Privy Council considers necessary or expedient.
Privy Council procedures etc.
5
1
The power of the Privy Council to make an order under article 4(1) may be exercised by any two or more members of the Privy Council.
2
The making of an order under article 4(1) shall be sufficiently signified by an instrument signed by the Clerk of the Privy Council.
3
The power to make an order under article 4(1) shall be exercisable by statutory instrument.
4
For the purposes of section 1 of the Statutory Instruments Act 1946 (definition of “Statutory Instrument”), the power in article 4(1) is to be taken to be conferred by an Act of Parliament.
5
Where an order of the Privy Council under this Order is signified by an instrument purporting to be signed by the Clerk of the Privy Council, that shall be evidence, and in Scotland sufficient evidence, of —
a
the fact that the order was duly made; and
b
the order’s terms.
Transitory and transitional provisions relating to the introduction of registration of hearing aid dispensers by the HPC
6
1
The HPC and the HAC shall enter into arrangements (which may include financial arrangements) to facilitate the introduction of arrangements for the regulation of hearing aid dispensers by the HPC arising out of this Order.
2
The arrangements entered into under paragraph (1) shall include arrangements to ensure that all the names in the HAC register which are to be entered in the HPC register with effect from 1st April 2010 are so entered.
3
If on 31st March 2010, a person’s name is included in the HAC register, the person shall be registered in the part of the HPC register which relates to hearing aid dispensers with effect from 1st April 2010.
4
If on 31st March 2010, there is an outstanding application for a person’s name to be entered in the HAC register (including an application for restoration to that register), the HPC —
a
may determine that the person’s name is to be entered in the part of the HPC register which relates to hearing aid dispensers; and
b
shall dispose of the matter in such manner as it considers just.
5
Where a person who is registered in the HPC register pursuant to paragraph (3), notifies the HPC in writing no later than 10th May 2010 that they do not wish to be registered in the HPC register, the HPC must —
a
remove that person’s name from the HPC register; and
b
treat that person as not having been so registered.
6
Where a person is registered in the HPC register pursuant to paragraph (3) or (4), the person’s home address shall not be published in the HPC register without the person’s consent.
7
If on 31st March 2010, a person’s name is included in the HAC register but —
a
a penalty has been imposed on that person and no appeal is made within 28 days of the notification of that penalty; or
b
the person is the subject of, or is being investigated with a view to the issue of, proceedings which could lead to the imposition of a penalty,
the HPC shall dispose of the matter (including any proceedings) in such manner as it considers just.
8
As from 1st April 2010, no appeal lies under section 9(1) of the 1968 Act to the High Court or, in Scotland, the Court of Session in respect of the imposition of a penalty.
9
Paragraph (10) applies in a case where —
a
a penalty has been imposed before 1st April 2010; and
b
an appeal against the imposition of that penalty could have been made under section 9(1) of that Act but for paragraph (8).
10
An appeal lies against the imposition of the penalty referred to in paragraph (9) in accordance with article 38 of the 2001 Order as if the penalty had been imposed by an order or decision of the Conduct and Competence Committee of the HPC.
11
In this article —
“the HAC register” means the register of dispensers of hearing aids maintained by the HAC under section 2(1)(a) of the 1968 Act;
“the HPC register” means the register established and maintained by the HPC under article 5 of the 2001 Order;
“penalty” means a penalty imposed under section 7(1)(i) to (iv) of the 1968 Act.
Amendments to the 2001 Order
7
1
The 2001 Order is amended as follows.
2
In article 13 (transitional provisions relating to admission to the register) —
a
in paragraph (1), for “This article applies to a person” substitute “This paragraph applies to a person who is not a person specified in paragraph (1A)”;
b
after paragraph (1), insert —
1A
This paragraph applies to a person who applies for admission to the register as a hearing aid dispenser on or after 1st April 2010.
;
c
in paragraph (2), for “this article” substitute “paragraph (1)”.
3
After article 39 insert —
Offence: hearing aid dispensers
39A
1
Subject to paragraph (2), a person who is not a registered hearing aid dispenser must not perform the functions of a dispenser of hearing aids.
2
Paragraph (1) does not apply where the person performing those functions is —
a
registered in the Specialist Register as having a specialty in otolaryngology, oto rhino laryngology or ENT surgery; or
b
performing them as part of a course of education or training approved by the Council under article 15(5)(a) for persons wishing to become registered hearing aid dispensers or as part of an examination so approved.
3
Any person who contravenes paragraph (1) is liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.
4
In this article —
“registered hearing aid dispenser” means a person who is registered in the register as a hearing aid dispenser;
“the Specialist Register” means the register of that name kept by the General Medical Council.
.
4
In paragraph 1A of Schedule 1 (the Health Professions Council and committees: membership) —
a
in sub-paragraph (1)(b)(i), for “or the BPS register” substitute “, the BPS register or the HAC register”;
b
after sub-paragraph (1), insert —
1A
In sub-paragraph (1), “the HAC Register” means the register of dispensers of hearing aids maintained by the Hearing Aid Council under section 2(1)(a) of the Hearing Aid Council Act 1968.
.
5
In Schedule 3 (interpretation) —
a
in paragraph 1, in the definition of “relevant professions”, after “dietitians;”, insert “hearing aid dispensers;”;
b
after paragraph 1, insert —
1A
1
For the purposes of this Order, a person (“P”) performs the functions of a dispenser of hearing aids if P —
a
assesses or tests an individual’s hearing; or
b
prescribes a hearing aid for an individual,
with a view to the sale, whether by P or another, of a hearing aid to, or for the use of, that individual and “hearing aid dispenser” shall be construed accordingly.
2
In sub-paragraph (1) —
“hearing aid” means an electronic device, designed to be placed outside or within the ear, which processes and amplifies sounds using electro-acoustic or electro-magnetic systems in order to compensate for hearing loss;
“sale” means supply by way of retail sale or by way of hire but does not include a sale to a person acquiring for the purposes of trade.
.
Powers of the HAC during the residual period
8
The HAC shall have power to do anything during the residual period which is calculated to facilitate the dissolution of the HAC.
Financial and audit matters
9
1
The Secretary of State may prepare a statement of the HAC’s accounts in respect of the residual period.
2
Where a statement of accounts is prepared under paragraph (1), the Secretary of State must —
a
send a copy of those accounts to the Comptroller and Auditor General; and
b
publish those accounts as soon as may be after the duty under paragraph (3)(a) has been complied with.
3
The Comptroller and Auditor General must —
a
examine, certify and report on the accounts sent to him under paragraph (2);
b
lay a copy of those accounts and the report on them before each House of Parliament.
Amendment of the Health Professions (Parts of and Entries in the Register) Order of Council 2003
10
In Schedule 1 to the Health Professions (Parts of and Entries in the Register) Order of Council 2003 (parts of the register) —
a
in column 1, after the entry “Part 14 – Practitioner Psychologists” add the following entry: “Part 15-Hearing Aid Dispensers”;
b
in column 2, after the entry “Clinical Psychologist, Counselling Psychologist, Educational Psychologist, Forensic Psychologist, Health Psychologist, Occupational Psychologist, Practitioner Psychologist, Registered Psychologist, Sport and exercise Psychologist.” and opposite the entry in column 1 added by paragraph (a) add the following entry: “Hearing Aid Dispenser”.
Amendment of the European Communities (Recognition of Professional Qualifications) Regulations 2007
11
In the column headed “competent authority” in Part 1 of Schedule 1 to the European Communities (Recognition of Professional Qualifications) Regulations 2007 (regulated professions-professions regulated by law or public authority), for “Hearing Aid Council” substitute “Health Professions Council”.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Housing Management Agreements (Break Clause)(England) Regulations 2010.
2
These Regulations come into force immediately after section 111 of the Housing and Regeneration Act 2008 comes into force (“the commencement date”).
3
These Regulations apply to local housing authorities in England.
Break clause in housing management agreements
2
1
This regulation applies to a management agreement which is entered into on or after the commencement date.
2
A management agreement to which this regulation applies must provide that where a requirement is imposed under section 247(2) or 249(2) of the Housing and Regeneration Act 2008 (requirement to put management out to tender or transfer management) —
a
the authority and the manager must make arrangements for the transfer of management functions from the manager, and
b
the authority and the manager must determine the agreement,
so far as necessary to ensure that the agreement does not continue to have effect as respects management functions which are the subject of the requirement.
Signed by authority of the Secretary of State for Communities and Local Government
Ian Austin
Parliamentary Under Secretary of State
Department for Communities and Local Government
8th March 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Pharmacy Order 2010 (Registration – Transitional Provisions) Order of Council 2010 and comes into force on 27th September 2010.
2
In this Order —
“ the Act ” means the Medicines Act 1968 ;
“ the Order ” means the Pharmacy Order 2010;
“application for renewal” means an application which falls within sub-paragraph (a) or (b) of article 2(2) of this Order;
“appointed day” means the day appointed for the coming into force of article 19 of the Order ;
“made on line”, in relation to an application under this Order, means submitted to the Registrar in electronic format via the internet;
“prescribed fee” means any fee prescribed in rules under article 36(1) of the Order; and
“relevant date” means 31st December 2010.
Application
2
1
This Order applies to an entry made in the Register with effect from the appointed day by virtue of paragraph 3(3) and (4) of Schedule 5 to the Order which, under article 25 of the Order, will cease to be valid unless it is renewed by the Registrar before the end of the relevant date.
2
The following articles of this Order apply, for transitional purposes —
a
to applications for the first renewal of an entry in Part 1, 2 or 3 of the Register to which paragraph (1) applies; and
b
to applications for the first renewal of an annotation in respect of a specialisation made to an entry in Part 1 of the Register to which paragraph (1) applies.
Applications for renewal: general
3
The Council may make such provision as it considers appropriate for applications for renewal under this Order to be made on line to the Registrar.
Fees
4
1
The Registrar may decide, at the Registrar’s discretion —
a
not to charge any prescribed fee in connection with an application for renewal under this Order; or
b
to waive any prescribed fee in connection with such an application either in whole or in part.
2
The Registrar may offer to any person who makes an application for renewal under this Order (“the applicant”) the option of paying any prescribed fee in connection with the application by way of direct debit in instalments or otherwise and the payment by direct debit of any such fee is to be subject to such terms and conditions as are agreed between the Registrar and the applicant.
Renewal of an entry in Part 1 or 2 of the Register: registrants
5
1
Subject to the following paragraphs, applicants for the renewal of an entry in Part 1 or, as the case may be, Part 2 of the Register must apply to the Registrar using the relevant application form which must be in such form as the Council may from time to time determine.
2
An application under this article must be made to the Registrar no later than one month before the relevant date.
3
The Registrar must send to each registrant the relevant application form for the renewal of an entry in Part 1 or, as the case may be, Part 2 of the Register at least two months before the relevant date.
4
The application form must, in particular —
a
require the registrant to —
i
provide the registrant’s full name, home address and contact details (including a telephone number and electronic mail address, where possible),
ii
provide the number of the entry in Part 1 or, as the case may be, Part 2 of the Register to which the application relates,
iii
declare that the registrant agrees to adhere to any standards set by the Council under article 43(1)(b) of the Order relating to the continuing professional development that it is necessary for a registrant to maintain in order to have an entry in Part 1 or, as the case may be, Part 2 of the Register renewed,
iv
declare the registrant’s intention to adhere to the standards set by the Council under article 48(1)(a) of the Order relating to the conduct, ethics and performance expected of registrants, and
v
specify —
aa
whether any of the matters referred to in article 51(1)(e) to (n) of the Order exist in relation to the registrant which have not previously been notified to the Council, or
bb
whether, in relation to the registrant, there have been any findings of impairment of the registrant’s fitness to practise made by a regulatory body which have not previously been notified to the Council or, prior to 27 September 2010, to the Society;
b
include a demand that the registrant pay any prescribed fee in respect of the application;
c
inform the registrant that —
i
if the declaration included in the application is not completed to the satisfaction of the Registrar, the Registrar may refuse to renew the applicant’s entry in Part 1 or, as the case may be, Part 2 of the Register because the application does not comply with the requirements of this article, and
ii
in the event that the registrant is found to have given false or misleading information in connection with the application, that may be treated as misconduct for the purposes of article 51(1)(a) of the Order which may result in the removal of the registrant’s entry from the relevant part of the Register; and
d
require the registrant to sign and date the application.
5
The applicant must also provide such additional documents, information or evidence as the Registrar may reasonably require for the purposes of verifying the information in, or determining, the application.
6
If a registrant has not received an application form for the renewal of the registrant’s entry in Part 1 or, as the case may be, Part 2 of the Register by the beginning of the period of two months before the relevant date, the registrant must notify the Registrar accordingly.
7
The Registrar must, within the period of one month beginning with the date of receipt of the application —
a
acknowledge receipt of the application;
b
inform the applicant of any missing document required for the purposes of the application; and
c
notify the applicant of the result of the application.
8
The Registrar may refuse to grant an application under this article if the applicant fails to comply, or if in respect of the applicant there is a failure to comply, with the requirements of this article and any such refusal by the Registrar is to be treated as a refusal to renew the applicant’s entry in the Register under article 23(2)(b) of the Order.
9
Any failure by the Registrar to notify the applicant of the result of the application as required by paragraph (7)(c) —
a
is to constitute a decision by the Registrar to refuse the application which is to be taken as having been made at the end of the specified period; and
b
is, for the purposes of article 40(2) of the Order, to be treated as a decision to which article 24(9) of the Order applies.
10
In paragraph (9)(a), “the specified period” means the period of one month beginning with —
a
the date on which the Registrar receives the application; or
b
if any document required for the purposes of the application, or any prescribed fee which is payable in respect of the application, is missing when the Registrar first receives the application, the date on which the Registrar first has all the documents required for those purposes together with any prescribed fee.
11
Except as provided for by paragraph (12), the Registrar must refuse an application under this article —
a
if it is not received by the Registrar within the time limit specified in paragraph (2);
b
if it is not accompanied by the necessary supporting documents, information or evidence as mentioned in the application form or subsequently required by the Registrar; or
c
if the applicant has not paid, or has not made arrangements with the Registrar to pay by direct debit, any prescribed fee in respect of the application.
12
If there is an ongoing fitness to practise investigation, or there are ongoing fitness to practise proceedings, in respect of a registrant who —
a
has not made an application under this article for the renewal of their entry in Part 1 or, as the case may be, Part 2 of the Register; or
b
has not paid, or has not made arrangements with the Registrar to pay by direct debit, any prescribed fee in respect of the application,
the Registrar may not remove the registrant’s entry from the relevant part of the Register in accordance with article 25(3) of the Order except in cases where the Registrar considers that the public interest would be best served by so doing.
13
Where the Registrar refuses an application under this article, the Registrar must send to the applicant a statement in writing giving the applicant notice of the reasons for the refusal and of any right of appeal that the applicant has to the Appeals Committee under article 40 of the Order.
14
The notice under paragraph (13) must be sent to the applicant at the applicant’s home address in the Register.
Renewal of annotations made to an entry in Part 1 of the Register: registrants
6
1
Subject to the following paragraphs, applicants for the renewal of an annotation in respect of a specialisation made to an entry in Part 1 of the Register may apply to the Registrar.
2
An application under this article must be made to the Registrar no later than one month before the relevant date using the relevant application form which must be in such form as the Council may from time to time determine.
3
The Registrar must send to each registrant whose entry in Part 1 of the Register is subject to an annotation made in respect of a specialisation an application form for the renewal of that annotation at least two months before the relevant date.
4
The application form must, in particular —
a
include a demand that the registrant pay any prescribed fee in respect of the application; and
b
require the applicant to —
i
provide the applicant’s full name, home address and contact details (including a telephone number and electronic mail address, where possible),
ii
specify the number of the entry in the Register to which the application relates,
iii
provide any other necessary supporting documents, information or evidence as mentioned in the application form, and
iv
sign and date the application.
5
The applicant must also provide such additional documents, information or evidence as the Registrar may reasonably require for the purposes of verifying the information in, or determining, the application.
6
If a registrant with an annotation in respect of a specialisation made to an entry in Part 1 of the Register has not received an application form for the renewal of that annotation by the beginning of the period of two months before the relevant date, the registrant must notify the Registrar accordingly.
7
The Registrar must refuse any application under this article —
a
if it is not received by the Registrar within the time limit specified in paragraph (2);
b
if it is not accompanied by the necessary supporting documents, information or evidence as mentioned in the application form or subsequently required by the Registrar; or
c
if the applicant has not paid, or has not made arrangements with the Registrar to pay by direct debit, any prescribed fee in respect of the application.
8
Where the Registrar refuses an application under this article —
a
the Registrar must send to the applicant a statement in writing giving the applicant notice of the reasons for the refusal and of any right of appeal that the applicant has to the Appeals Committee under article 40 of the Order; and
b
the refusal is to be treated as a decision by the Registrar to refuse to renew an annotation in respect of a specialisation made in respect of an entry in Part 1 of the Register pursuant to rules under article 27(1) of the Order.
9
The notice under paragraph (8)(a) must be sent to the applicant at the applicant’s home address in the Register.
Renewal of entries in Part 3 of the Register: registered pharmacies
7
1
Subject to the following paragraphs, applicants for the renewal of an entry of premises entered in Part 3 of the Register may apply to the Registrar using the relevant application form which must be in such form as the Council may from time to time determine.
2
An application under this article must be made to the Registrar by the person carrying on a retail pharmacy business at the premises at least one month before the relevant date.
3
The Registrar must send to each person carrying on a retail pharmacy business at premises entered in Part 3 of the Register the relevant application form for the renewal of the entry of the premises in that part of the Register at least two months before the relevant date.
4
The application form must, in particular —
a
require the applicant to specify —
i
the applicant’s full name, address and contact details (including a telephone number and electronic mail address, where possible),
ii
the full postal address of the premises to which the application relates,
iii
the number of the entry of the premises in Part 3 of the Register to which the application relates,
iv
the name under which the retail pharmacy business carried on at the premises trades,
v
whether the applicant is a person lawfully conducting a retail pharmacy business at the premises within the meaning of Part 4 of the Act,
vi
the date of the commencement of the retail pharmacy business carried on at the premises,
vii
where the applicant is a partner in a partnership, the names of all the partners in the partnership,
viii
where the applicant is a body corporate —
aa
the names of all of the directors of the body corporate, and
bb
the name of the superintendent pharmacist, and
ix
where the retail pharmacy business is carried on at the premises by a representative, the name of the responsible pharmacist;
b
include a demand that the applicant pay any prescribed fee in respect of the application;
c
require the applicant to provide —
i
a description of the premises to which the application relates,
ii
details of the type of activities undertaken at the premises, and
iii
a declaration providing details of any relevant offence or relevant investigation within the meaning of article 7(6)(a) and (b) of the Order;
d
inform the applicant that if the declaration included in the application is not completed to the satisfaction of the Registrar, the Registrar may refuse to renew the entry of the premises in Part 3 of the Register; and
e
require the applicant to sign and date the application.
5
For the purposes of paragraph (4)(a)(i), the address of the applicant is —
a
where the retail pharmacy business is carried on at the premises by an individual, that individual’s home address in the Register;
b
where the retail pharmacy business is carried on at the premises by a partnership, the address of the principal office of that partnership; or
c
where the retail pharmacy business is carried on at the premises by a body corporate, the address of the registered or principal office of that body corporate.
6
The applicant must also provide such additional documents, information or evidence as the Registrar may reasonably require for the purposes of verifying the information in, or determining, the application.
7
The Registrar must refuse an application under this article —
a
if the application is not received by the Registrar within the time limit specified in paragraph (2);
b
if the application is not accompanied by the necessary supporting documents, information or evidence as mentioned in the application form or subsequently required by the Registrar; or
c
if the applicant has not paid, or has not made arrangements with the Registrar to pay by direct debit, any prescribed fee in respect of the application.
8
Where the Registrar refuses to grant an application under this article —
a
the Registrar must send to the applicant a statement in writing giving the applicant notice of the reasons for the refusal and of any right of appeal that the applicant has to the Appeals Committee under article 40 of the Order; and
b
the refusal is to be treated as a decision by the Registrar under section 74A of the Act (registration of premises: Great Britain) to refuse to renew the entry of premises in Part 3 of the Register.
9
The notice under paragraph (8)(a) must be sent —
a
where the retail pharmacy business is carried on at the premises by an individual, to that individual’s home address in the Register;
b
where the retail pharmacy business is carried on at the premises by a partnership, to the address of the principal office of that partnership; or
c
where the retail pharmacy business is carried on at the premises by a body corporate, to the address of the registered or principal office of that body corporate.
Judith Simpson
Clerk to the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as The Application of Pension Legislation to the National Employment Savings Trust Corporation Regulations 2010.
2
Regulation 5 shall come into force on the 5th of July 2010 and shall cease to have effect on 23rd September 2010.
3
The remaining provisions of the Regulations shall come into force on 5th July 2010.
4
In these Regulations, “the corporation” means the National Employment Savings Trust Corporation established under section 75(1) of the Pensions Act 2008 .
Application of section 248 of the Pensions Act 2004
2
1
Section 248 of the Pensions Act 2004 applies in relation to the corporation as it applies in relation to a company that is a trustee of an occupational pension scheme, with the modification specified in paragraph (2).
2
For subsection (4)(a), substitute —
a
any order and rules made under section 67 of the Pensions Act 2008,
.
Application of the Occupational Pension Schemes (Requirement to obtain Audited Accounts and a Statement from the Auditor) Regulations 1996
3
The Occupational Pension Schemes (Requirement to obtain Audited Accounts and a Statement from the Auditor) Regulations 1996 apply in relation to the corporation as if —
a
in regulation 2(1), after “Subject to paragraphs” there were inserted “(1A),”; and
b
after regulation 2(1), there were inserted —
1A
Paragraph (1)(b) does not apply to a pension scheme established under section 67 of the Pensions Act 2008.
.
Application of the Occupational Pension Schemes (Investment) Regulations 2005
4
The Occupational Pension Schemes (Investment) Regulations 2005 apply in relation to the corporation as if —
a
in regulation 3 —
i
in paragraph (1), at the beginning, there were inserted “Subject to paragraph (3),”; and
ii
after paragraph (2), there were added —
3
In the application of regulation 2 to a pension scheme established under section 67 of the Pensions Act 2008, the requirement imposed by paragraph (2)(b) of that regulation —
a
where the employers’ panel referred to in section 69(2)(b) of that Act has been established, is to consult that panel; and
b
where that panel has not been established, does not apply.
; and
b
in regulation 16 —
i
in paragraph (5), at the beginning, there were inserted “Subject to paragraph (6),”; and
ii
after paragraph (5), there were added —
6
In relation to a pension scheme established under section 67 of the Pensions Act 2008, paragraph (5)(a) shall apply with the omission of “and in any event must not exceed 20 per cent. of the current market value of the scheme”.
7
In relation to a pension scheme established under section 67 of the Pensions Act 2008, government bonds are not to be regarded as employer-related investments for the purposes of regulation 12(2) as modified by paragraphs (5)(a) and (6).
8
In paragraph (7), “government bonds” means bonds creating or acknowledging indebtedness issued by Her Majesty’s Government in the United Kingdom.
.
Transitional provision – application of the Occupational Pension Schemes (Investment) Regulations 2005
5
In regulation 4(b)(ii), in the new paragraph (7) of regulation 16 that is to be treated as added, for “for regulation 12(2)” substitute “regulation 12(2)(a)” .
Signed by authority of the Secretary of State for Work and Pensions.
Angela Eagle
Minister of State,
Department of Work and Pensions
5th January 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the London Skills and Employment Board (Specified Functions) Order 2010 and shall come into force on 1st April 2010.
2
In this Order —
“ the Act ” means the Apprenticeships, Skills, Children and Learning Act 2009;
“the Chief Executive” means the Chief Executive of Skills Funding;
“the London Skills and Employment Board” means the body established by the London Skills and Employment Board (Establishment) Regulations 2008 .
Specified functions of the Chief Executive of Skills Funding
2
For the purposes of section 113(3) of the Act the specified functions of the Chief Executive are —
a
the duty of the Chief Executive in section 86(1)(a) of the Act to secure the provision of reasonable facilities for education suitable to the requirements of persons who are aged 19 or over, other than persons aged under 25 who are subject to learning difficulty assessment;
b
the duty of the Chief Executive in section 86(1)(b) of the Act to secure the provision of reasonable facilities for education suitable to the requirements of persons who are subject to adult detention;
c
the duty of the Chief Executive in section 86(1)(c) of the Act to secure the provision of reasonable facilities for training suitable to the requirements of persons mentioned in paragraphs (1) and (2);
d
the power of the Chief Executive in section 110(6) of the Act to secure the provision of facilities and services for providing information, advice or guidance about education or training or connected matters (including employment).
Kevin Brennan
Minister for Further Education, Skills, Apprenticeships and Consumer Affairs
Department for Business, Innovation and Skills
21st February 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Liverpool Community Health National Health Service Trust (Establishment) Order 2010 and shall come into force on 1st November 2010.
2
In this Order —
“ the Act ” means the National Health Service Act 2006;
“community health services” means any service which the Secretary of State has a duty to provide under section 3(1)(b), (d), (e) or (f) of, or paragraph 1 or 8 of Schedule 1 to, the Act and any service which the Secretary of State may provide under paragraph 2 or 7A of that Schedule;
“primary care services” means primary medical services, primary dental services, primary ophthalmic services and pharmaceutical services ;
“the trust” means the National Health Service trust established by article 2.
Establishment and name of the trust
2
There is established a National Health Service trust which shall be called the Liverpool Community Health National Health Service Trust.
Nature and functions of the trust
3
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, community health services and primary care services, for the purposes of the health service.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 executive directors and 5 non-executive directors.
2
If the Secretary of State suspends the chairman, or a non-executive director of the trust, the number of non-executive directors of the trust shall increase during the period of suspension by the number of persons so suspended.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st November 2010.
2
The accounting date of the trust shall be 31st March.
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
7th October 2010


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Loss of Benefit) Amendment Regulations 2010 and shall come into force on 1st April 2010.
Amendment of the Social Security (Loss of Benefit) Regulations 2001
2
1
The Social Security (Loss of Benefit) Regulations 2001 are amended as follows.
2
In regulation 1(interpretation) —
a
in paragraph (2) —
i
in the definition of “disqualification period” —
aa
after “section” insert “6B(11) or”, and
bb
for “regulation 2” substitute “regulations 1A and 2”;
ii
in the definition of “offender”, after “section” insert “6B or”;
iii
at the appropriate places, insert the following definitions —
“the determination day” means (subject to paragraph (2A)) the day on which the Secretary of State determines that a restriction under —
section 6B or 7 of the Act would be applicable to the offender were the offender in receipt of a sanctionable benefit;
section 8 of the Act would be applicable to the offender were the offender a member of a joint-claim couple which is in receipt of a joint-claim jobseeker’s allowance; or
section 9 of the Act would be applicable to the offender’s family member were that member in receipt of income support, jobseeker’s allowance, state pension credit, employment and support allowance, housing benefit or council tax benefit;
“pay day” in relation to a sanctionable benefit means the day on which that benefit is due to be paid;
“relevant authority” in relation to housing benefit or council tax benefit means the relevant authority administering the benefit of the offender or the offender’s family member.
;
b
after paragraph (2) insert —
2A
Where, for the purposes of section 6B of the Act, the disqualifying event is an agreement to pay a penalty as referred to in section 6B(1)(b) of the Act, the determination day is the 28th day after the day referred to in the definition of that term in paragraph (2).
.
3
For regulation 2 (disqualification period) substitute —
Disqualification period: section 6B(11) of the Act
1A
1
The first day of the disqualification period for the purposes of section 6B(11) of the Act (“ DQ-day ”) shall be as follows.
2
This paragraph applies where on the determination day —
a
the offender is in receipt of a sanctionable benefit;
b
the offender is a member of a joint-claim couple which is in receipt of a joint-claim jobseeker’s allowance; or
c
the offender’s family member is in receipt of income support, jobseeker’s allowance, state pension credit, employment and support allowance, housing benefit or council tax benefit.
3
Where paragraph (2) applies and paragraph (4) does not apply (but subject to paragraph (7)) —
a
in relation to a sanctionable benefit which is paid in arrears, DQ-day is the day following the first pay day after the end of the period of 28 days beginning with the determination day; and
b
in relation to a sanctionable benefit which is paid in advance, DQ-day is the first pay day after the end of the period of 28 days beginning with the determination day.
4
This paragraph applies where on the determination day the offender or (as the case may be) the offender’s family member is in receipt of —
a
either housing benefit or council tax benefit or both of those benefits; and
b
no other sanctionable benefit.
5
Where paragraph (4) applies —
a
in relation to housing benefit or council tax benefit which is paid in arrears, DQ-day is the day following the first pay day after the end of the period of 28 days beginning with the first day after the determination day on which the Secretary of State is notified by the relevant authority that the offender or the offender’s family member is in receipt of either housing benefit or council tax benefit (or both of those benefits) or has been awarded either or both of those benefits; and
b
in relation to housing benefit or council tax benefit which is paid in advance, DQ-day is the first pay day after the end of the period of 28 days beginning with the first day after the determination day on which the Secretary of State is so notified by the relevant authority.
6
Where neither paragraph (2) nor paragraph (4) applies, DQ-day is the first day after the end of the period of 28 days beginning with the determination day.
7
Where on the determination day —
a
paragraph (2) applies in the case of an offender or (as the case may be) the offender’s family member, but
b
that person ceases to be in receipt of a benefit referred to in that paragraph before the first day of the disqualification period that would apply by virtue of paragraph (3),
DQ-day is the first day after the end of the period of 28 days beginning with the determination day.
Disqualification period: section 7(6) of the Act
2
1
The first day of the disqualification period for the purposes of section 7(6) of the Act (“DQ-day”) shall be as follows.
2
This paragraph applies where on the determination day —
a
the offender is in receipt of a sanctionable benefit;
b
the offender is a member of a joint-claim couple which is in receipt of a joint-claim jobseeker’s allowance; or
c
the offender’s family member is in receipt of income support, jobseeker’s allowance, state pension credit, employment and support allowance, housing benefit or council tax benefit.
3
Where paragraph (2) applies and paragraph (4) does not apply —
a
in relation to a sanctionable benefit which is paid in arrears, DQ-day is the day following the first pay day after the end of the period of 28 days beginning with the determination day; and
b
in relation to a sanctionable benefit which is paid in advance, DQ-day is the first pay day after the end of the period of 28 days beginning with the determination day.
4
This paragraph applies where on the determination day the offender or (as the case may be) the offender’s family member is in receipt of —
a
either housing benefit or council tax benefit or of both of those benefits; and
b
no other sanctionable benefit.
5
Where paragraph (4) applies —
a
in relation to housing benefit or council tax benefit which is paid in arrears, DQ-day is the day following the first pay day after the end of the period of 28 days beginning with the first day after the determination day on which the Secretary of State is notified by the relevant authority that the offender or the offender’s family member is in receipt of either housing benefit or council tax benefit (or both of those benefits) or has been awarded either or both of those benefits; and
b
in relation to housing benefit or council tax benefit which is paid in advance, DQ-day is the first pay day after the end of the period of 28 days beginning with the first day after the determination day on which the Secretary of State is so notified by the relevant authority.
6
Where neither paragraph (2) nor paragraph (4) applies, DQ-day is the first day after the end of the period of 28 days beginning with the determination day on which the Secretary of State decides to award —
a
a sanctionable benefit to the offender;
b
a joint-claim jobseeker’s allowance to a joint-claim couple of which the offender is a member; or
c
income support, jobseeker’s allowance, state pension credit or employment and support allowance to the offender’s family member.
7
For the purposes of the preceding provisions of this regulation, DQ-day is to be no later than 5 years and 28 days after the date of the conviction of the offender for the benefit offence in the later proceedings referred to in section 7(1) of the Act; and section 7(9) of the Act (date of conviction and references to conviction) shall apply for the purposes of this paragraph as it applies for the purposes of section 7 of the Act.
.
4
In regulation 5(3)(b) (meaning of “person in hardship”) —
a
after “section” insert “8 or”;
b
before “circumstances” insert “attendance, information and evidence;”.
5
In regulation 6(2) (circumstances in which an income-based jobseeker’s allowance is payable to a person who is a person in hardship) before “7(2)” insert “6B(5) or ”.
6
In regulation 7(2) (further circumstances in which an income-based jobseeker’s allowance is payable to a person who is a person in hardship) before “7(2)” insert “6B(5) or”.
7
In regulation 9 (provision of information) before “7(4)(b)” insert “6B(7)(b) and”.
8
In regulation 11 (application of Part and meaning of “couple in hardship”) —
a
in paragraph (2), for “regulation 13” substitute “regulation 12”;
b
in paragraph (3), for “regulation 14” substitute “regulation 13”;
c
in paragraph (4)(b) —
i
after “subject” insert “or are to be treated as subject”;
ii
after “section” insert “8 or”, and before “denial” insert “attendance, information and evidence;”.
9
In regulation 17 (circumstances where a reduced amount of housing benefit and council tax benefit is payable) to the extent that the amendments made to that regulation by the Housing Benefit (Loss of Benefit) (Pilot Scheme) Regulations 2007 remain in force —
a
in paragraph (1) omit “paragraph (4) and”;
b
omit paragraphs (4) and (5).
10
In regulation 18 (circumstances where housing benefit and council tax benefit is payable), after “income support” insert “, an income-related employment and support allowance, state pension credit,”.
11
After regulation 19 (social security benefits not to be sanctionable benefits) insert the following new regulation —
Benefits to be treated as neither sanctionable nor disqualifying
19A
Each of the following benefits is to be treated as neither a sanctionable benefit nor a disqualifying benefit —
a
statutory adoption pay;
b
statutory paternity pay;
c
health in pregnancy grant.
.
12
In regulation 20 (deductions from benefits) before “7” insert “6B,”.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
3
1
The Social Security and Child Support (Decisions and Appeals) Regulations 1999 are amended as follows.
2
For regulation 3(8B) (revision of decisions) substitute —
8B
Where —
a
a restriction is imposed on a person under section 6B, 7, 8 or 9 of the Social Security Fraud Act 2001 (loss of benefit provisions) as result of the person —
i
being convicted of an offence by a court; or
ii
agreeing to pay a penalty as an alternative to prosecution under section 115A of the Administration Act or section 109A of the Social Security Administration (Northern Ireland) Act 1992, and
b
that conviction is quashed or set aside by that or any other court, or the person withdraws his agreement to pay a penalty,
a decision of the Secretary of State made under section 8(1)(a) or made under section 10 in accordance with regulation 6(2)(j) or (k) may be revised at any time.
.
3
In regulation 6(2)(j) (supersession of decisions) —
a
after the first mention of “section” insert “6B,”;
b
for “same meaning as in section 7”, substitute “meaning given in section 6A”.
4
In regulation 7(28) (date from which a decision superseded under section 10 takes effect) after “section” insert “6B or”.
5
For paragraph 27 of Schedule 2 (decisions against which no appeal lies) substitute —
Loss of Benefit
27
1
In the circumstances referred to in sub-paragraph (2), a decision of the Secretary of State that a sanctionable benefit as defined in section 6A(1) of the Social Security Fraud Act 2001 is not payable (or is to be reduced) pursuant to section 6B, 7, 8 or 9 of that Act as a result of —
a
a conviction for one or more benefit offences in one set of proceedings;
b
an agreement to pay a penalty under section 115A of the Administration Act (penalty as alternative to prosecution) or section 109A of the Social Security Administration (Northern Ireland) Act 1992 (the corresponding provision for Northern Ireland) in relation to a benefit offence;
c
a caution in respect of one or more benefit offences; or
d
a conviction for one or more benefit offences in each of two sets of proceedings, the later offence or offences being committed within the period of 5 years after the date of any of the convictions for a benefit offence in the earlier proceedings.
2
The circumstances are that the only ground of appeal is that any of the convictions was erroneous, or that the offender (as defined in section 6B(1) of the Social Security Fraud Act 2001) did not commit the benefit offence in respect of which there has been an agreement to pay a penalty or a caution has been accepted.
.
Amendment of the Housing Benefit Regulations 2006
4
1
The Housing Benefit Regulations 2006 are amended as follows.
2
In regulation 2(3)(d) (interpretation) for “sections 7, 8 or 9” substitute “section 6B, 7, 8 or 9”.
3
In Schedule 3 (applicable amounts), in paragraph 14(7) (severe disability premium) after “section” insert “6B or”.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
5
1
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.
2
In regulation 2(3)(d) (interpretation), after the second mention of “section” insert “6B,”.
3
In Schedule 3 (applicable amounts), in paragraph 6(8)(b) (severe disability premium) after “section” insert “6B or”.
Amendment of the Council Tax Benefit Regulations 2006
6
1
The Council Tax Benefit Regulations 2006 are amended as follows.
2
In regulation 2(4)(d) (interpretation) after the second mention of “section” insert “6B,”.
3
In Schedule 1 (applicable amounts), in paragraph 14(7) (severe disability premium) after “section” insert “6B or”.
Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
7
1
The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.
2
In regulation 2(4)(d) (interpretation) after the second mention of “section” insert “6B,”.
3
In Schedule 1 (applicable amounts), in paragraph 6(8)(b) (severe disability premium) after “section” insert “6B or”.
Amendment of the Discretionary Financial Assistance Regulations 2001
8
1
The Discretionary Financial Assistance Regulations 2001 are amended as follows.
2
In regulation 3 (circumstances in which discretionary housing payments may be made), in paragraph (l), after the second mention of “section” insert “6B,”.
Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001
9
1
The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 are amended as follows.
2
For regulation 4(7A) (revision of decisions) substitute —
7A
Where —
a
a restriction is imposed on a person under section 6B, 7, 8 or 9 of the Social Security Fraud Act 2001 (loss of benefit provisions) as a result of the person —
i
being convicted of an offence by a court; or
ii
agreeing to pay a penalty as an alternative to prosecution under section 115A of the Administration Act or section 109A of the Social Security Administration (Northern Ireland) Act 1992, and
b
that conviction is quashed or set aside by that or any other court, or the person withdraws his agreement to pay a penalty,
a decision of the relevant authority made in accordance with regulation 7(2)(g) or (h) may be revised at any time.
.
3
In regulation 7(2)(g) (decisions superseding earlier decisions) —
a
after the first mention of “section” insert “6B,”;
b
for “same meaning as in section 7” substitute “meaning given in section 6A”.
4
In regulation 8(9) (date from which a decision superseding an earlier decision takes effect) after “section” insert “6B or”.
Amendment of the Income Support (General) Regulations 1987
10
1
The Income Support (General) Regulations 1987 are amended as follows.
2
In Schedule 1B (prescribed categories of person) in paragraph 4(b) (persons caring for another person) after “section” insert “6B or”.
3
In Schedule 2 (applicable amounts) in paragraph 13(5) (severe disability premium) after “section” insert “6B or”.
Amendment of the Jobseeker’s Allowance Regulations 1996
11
1
The Jobseeker’s Allowance Regulations 1996 are amended as follows.
2
In regulation 47(4)(b)(ii) (jobseeking period) after the last mention of “section” insert “6B,”.
3
In Schedule 1 (applicable amounts) —
a
in paragraph 15(9) (severe disability premium) after “section” insert “6B or”;
b
in paragraph 20I(7) (severe disability premium) after “section” insert “6B or”.
Amendment of the Employment and Support Allowance Regulations 2008
12
1
The Employment and Support Allowance Regulations 2008 are amended as follows.
2
In regulation 157(3)(a) (disqualification for misconduct etc. ) after “section” insert “6B or”.
3
In Schedule 4 (amounts), in paragraph 6(8) of Part 2 (premiums) after “section” insert “6B or”.
Amendment of the Social Security (Credits) Regulations 1975
13
1
The Social Security (Credits) Regulations 1975 are amended as follows.
2
In regulation 7A(1) (credits for carer’s allowance) after the first mention of “section” insert “6B or”.
3
In regulation 8A(2)(d) (credits for unemployment) after the second mention of “section” insert “6B,”.
Amendment of the Pensions Appeal Tribunals (Additional Rights of Appeal) Regulations 2001
14
1
The Pensions Appeal Tribunals (Additional Rights of Appeal) Regulations 2001 are amended as follows.
2
In regulation 5 (loss of benefit decisions) after “section” insert “6B or”.
Signed by authority of the Secretary of State for Work and Pensions.
Helen Goodman,
Parliamentary Under-Secretary of State,
Department for Work and Pensions
30th March 2010


text:
Citation and commencement
1
This Order may be cited as the Motor Vehicles (International Circulation) (Amendment) Order 2010 and shall come into force —
a
for all purposes except those of article 4 on 14th May 2010; and
b
for the purposes of article 4 on 4th December 2011.
Interpretation
2
In this Order, “the principal Order” means the Motor Vehicles (International Circulation) Order 1975 .
Amendments to article 5 of the principal Order (Excise exemption and documents for vehicles brought temporarily into the United Kingdom
3
1
Article 5 of the principal Order is amended as follows.
2
In paragraph (2)(b)(iii) for the words “the First Council Directive” is substituted “the Directive of the European Parliament and of the Council”.
3
In paragraph (9) –
a
for the definition of “the First Council Directive on the establishment of common rules for certain types of carriage of goods by road” is substituted —
the Directive of the European Parliament and of the Council on the establishment of common rules for certain types of carriage of goods by road” means Directive 2006/94 of the European Parliament and of the Council of 12th December 2006 on the establishment of common rules for certain types of carriage of goods by road ;
.
b
for the definition of “the Council Regulation on goods transport cabotage” is substituted —
“the Council Regulation on goods transport cabotage” means Council Regulation (EEC) No. 3118/93 of 25th October 1993 laying down conditions under which non-resident carriers may operate national road haulage services within a Member State as it has effect with the Regulation of the European Parliament and of the Council on common rules for access to the international road haulage market;
.
c
for the definition of “the Council Regulation on passenger transport cabotage” is substituted —
“the Council Regulation on passenger transport cabotage” means Council Regulation (EC) No. 12/98 of 11th December 1997 laying down conditions under which non-resident carriers may operate national road passenger transport services within a Member State ;
.
4
1
Article 5 of the principal Order is further amended as follows.
2
For paragraph (2)(b) is substituted —
b
in a case of a vehicle being used for or in connection with —
i
international carriage or a cabotage operation within the scope of the Regulation of the European Parliament and of the Council on common rules for access to the international market for coach and bus services or the Regulation of the European Parliament and of the Council on common rules for access to the international road haulage market, or
ii
a type of carriage which is exempt from any Community authorisation and from any carriage authorisation under the Directive of the European Parliament and of the Council on the establishment of common rules for certain types of carriage of goods by road,
the vehicle shall be exempt from excise duty if and so long as the vehicle is being used in accordance with whichever of those instruments is applicable to the use of the vehicle.
3
In paragraph (9), for the definitions of “the Council Regulation on common rules for the international carriage of passengers by coach and bus”, “the Council Regulation on access to the market in the carriage of goods within the Community”, “the Council Regulation on passenger transport cabotage” and “the Council Regulation on goods transport cabotage” are substituted the following definitions —
“the Regulation of the European Parliament and of the Council on common rules for access to the international market for coach and bus services” means Regulation (EC) No. 1073/2009 of 21 October 2009 of the European Parliament and of the Council on common rules for access to the international market for coach and bus services and amending Regulation (EC) No. 561/2006 ; and
“the Regulation of the European Parliament and of the Council on common rules for access to the international road haulage market” means Regulation (EC) No.1072/2009 of 21 October 2009 of the European Parliament and of the Council on common rules for access to the international road haulage market.
.
Judith Simpson
Clerk of the Council


text:
Citation
1
This Order may be cited as the Planning and Compulsory Purchase Act 2004 (Commencement No. 12, Revocation and Amendment) Order 2010.
Provision coming into force on 22 February 2010 in relation to England and Wales
2
To the extent that it is not already in force, paragraph 3 of Schedule 6 to the Planning and Compulsory Purchase Act 2004 (amendments of the Planning Acts) shall come into force on 22 February 2010.
Revocation in relation to England
3
Article 4 of the Planning and Compulsory Purchase Act 2004 (Commencement No. 8 and Saving) Order 2006 (saving) is revoked.
Amendment of the Planning and Compulsory Purchase Act 2004 (Commencement No. 10 and Saving) Order 2007
4
Article 3 of the Planning and Compulsory Purchase Act 2004 (Commencement No. 10 and Saving) Order 2007 (saving) is amended as follows —
a
in paragraph (1), for “paragraph (2)” substitute “paragraphs (2) and (3)”; and
b
after paragraph (2) insert —
3
This article does not apply in relation to England.
.
Signed by authority of the Secretary of State for Communities and Local Government
Ian Austin
Parliamentary Under Secretary of State
Department for Communities and Local Government
11th February 2010


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the Education (Publication of Proposals) (Sixth Form College Corporations) (England) Regulations 2010 and come into force on 24th November 2010.
2
In these Regulations —
“ the Act ” means the Further and Higher Education Act 1992; and
“student” includes a pupil .
3
These Regulations apply in relation to England.
Information to be contained in proposals to establish sixth form college corporations
2
The information prescribed for the purposes of section 33C(3)(b) of the Act (establishment of new bodies corporate as sixth form college corporations) is set out in Part 1 of the Schedule to these Regulations.
Information to be contained in proposals to dissolve sixth form college corporations
3
The information prescribed for the purposes of section 33N(3)(b) of the Act (dissolution of sixth form college corporations) is set out in Part 2 of the Schedule to these Regulations.
Time and manner of publication of proposals to establish or dissolve sixth form college corporations
4
1
The prescribed time and prescribed manner of publication of a proposal for the purposes of sections 33C(3)(a) and 33N(3)(a) of the Act is as provided for by paragraphs (2) to (5).
2
A proposal to establish or dissolve a sixth form college corporation must be published at least 4 months before the date which is specified in the proposal for the establishment or dissolution of the sixth form college corporation.
3
The local authority must publish a summary of the proposal —
a
in at least one newspaper circulating in the area served, or to be served, by the institution to which the proposal relates;
b
by posting it in at least one conspicuous place within that area; and
c
in the case of a proposal which relates to an existing institution, by posting it in a conspicuous place at or near the main entrance to that institution or, if there is more than one main entrance, all of them.
4
The local authority must include in the summary a statement that the proposal may be obtained free of charge from the local authority and send a copy free of charge to any person who requests it.
5
The local authority must send a copy of the proposal to —
a
the governing body of any institution within the further education sector , or any school maintained by a local authority which provides full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19 years, within the local authority;
b
the Young People’s Learning Agency for England ;
c
the Chief Executive of Skills Funding ;
d
the Member of Parliament in whose constituency the institution is situated or is proposed to be situated;
e
any other Member of Parliament whose constituents it appears to the local authority are likely to be affected by the proposal; and
f
any other person who appears to the local authority to have an interest.
6
In this regulation, “local authority” means the “responsible local authority” within the meaning of section 90 of the Act.
Period for making representations
5
The period prescribed, for the purposes of sections 33C(3)(c) and 33N(3)(c) of the Act, is a period of one month beginning on the day on which the last of the events described in regulation 4(3) or (5) takes place.
Jonathan Hill
Parliamentary Under Secretary of State
Department for Education
26th October 2011


text:
Citation, commencement and application
1
1
These Regulations may be cited as the National Health Service (Miscellaneous Amendments Relating to Ophthalmic Services) Regulations 2010 and come into force on 1st April 2010.
2
These Regulations apply in relation to England.
Amendments to the Primary Ophthalmic Services Regulations 2008
2
1
The Primary Ophthalmic Services Regulations 2008 are amended as follows.
2
In regulation 2 (interpretation) —
a
for the definition of “additional services” substitute —
“additional services” means mobile services which are provided to persons falling within regulation 3(1)(a) to (h);
;
b
after the definition of “Charges Regulations” insert —
“child” means a person who has not attained the age of 16 years;
;
c
for the definition of “mandatory services” substitute —
“mandatory services” means the primary ophthalmic services provided under section 115(1)(a) of the Act (sight-testing service) to a person who falls within regulation 3(1) except sight-testing services provided as mobile services;
;
d
in the definition of “mobile services” for “additional services in its locality;” substitute “such services in its area;”; and
e
in the definition of “sight test form” after “accordance with” insert “the”.
3
After regulation 2 (interpretation), insert —
Sight-testing services
2A
Sight-testing services provided by way of mobile services are prescribed primary ophthalmic services for the purposes of section 115(1)(b) of the Act.
.
4
In regulation 4 (sight tests – applications), omit paragraph (5).
5
In regulation 6 (applications and signatures by children or persons incapable), for paragraph (1) substitute —
1
Subject to paragraph (2), an application for mandatory services or additional services may be made, and a signature required under regulation 4 by these Regulations may be given —
a
on behalf of a child by —
i
either parent,
ii
the guardian or other adult person who has the care of the child,
iii
a person duly authorised by a local authority to whose care the child has been committed under the Children Act 1989 , or
iv
a person duly authorised by a voluntary organisation which is accommodating the child under the provisions of that Act; or
b
on behalf of any adult who is incapable of making such an application, or of authorising such an application to be made on their behalf, by a relative or the primary carer of that person.
.
Amendments to the General Ophthalmic Services Contracts Regulations 2008
3
1
The General Ophthalmic Services Contracts Regulations 2008 are amended as follows.
2
In regulation 2 (interpretation) —
a
for the definition of “additional services” substitute —
“additional services” means mobile services which are provided to persons falling within regulation 3(1)(a) to (h) of the POS Regulations;
; and
b
for the definition of “mandatory services” substitute —
“mandatory services” means the primary ophthalmic services provided under section 115(1)(a) of the Act (sight-testing service) to a person who falls within regulation 3(1) except sight-testing services provided as mobile services;
; and
c
in the definition of “mobile services” for “additional services in its locality;” substitute “such services in its area;”.
3
In regulation 4 (persons eligible to enter into GOS contracts), in paragraph (3) —
a
in paragraph (f), omit “(d),”; and
b
in paragraph (m), for sub-paragraph (ii) substitute —
ii
been removed under —
aa
section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (powers of the Court of Session to deal with management of charities), or
bb
section 34(5)(e) of the Charities and Trustee Investment (Scotland) Act 2005 (powers of the Court of Session),
from being concerned with the management or control of any body; or;
.
4
In regulation 6 (appeals and contract disqualifications), in paragraph (4), for “contract disqualification” substitute “contract disqualification order”.
5
In regulation 16 (fees, charges and financial interests of the contractor), omit paragraph (8).
6
In Part 1 of Schedule 1 (other contractual terms – patients), in paragraph 1 (persons to whom mandatory services are to be provided) —
a
in sub-paragraph (1), for “the contractor shall provide mandatory services” substitute “the contractor may provide mandatory services”; and
b
in sub-paragraph (2), for paragraph (a) substitute —
a
on behalf of a child by —
i
either parent,
ii
the guardian or other adult person who has the care of the child,
iii
a person duly authorised by a local authority to whose care the child has been committed under the Children Act 1989, or
iv
a person duly authorised by a voluntary organisation which is accommodating the child under the provisions of that Act.
.
7
In Part 2 of Schedule 1 (other contractual terms – provision of services), after paragraph 2 insert —
Patient preference of performer
2A
1
Where the contractor has agreed to provide services to a patient, it must notify the patient (or, in the case of a child or incapable adult, the person who made the application on their behalf) of the patient’s right to express a preference to receive services from a particular performer where more than one performer is available.
2
The contractor must try to comply with any reasonable preference expressed under sub-paragraph (1) but need not do so if the preferred performer has reasonable grounds for refusing to provide services to the patient.
.
8
In Part 4 of Schedule 1 (other contractual terms – records, information, notifications, name and rights of entry), in paragraph 17(3)(a) (notice provisions specific to a contract with a corporate body), for “maybe” substitute “may be”.
9
In Part 7 of Schedule 1 (other contractual terms – variation and termination of contracts) —
a
in paragraph 40(3)(a) (late payment notices), for “paragraph 30” substitute “paragraph 31”;
b
in paragraph 43(b) (termination by the PCT for the provision of untrue etc. information), for “17(2), 18(2) or 19(2)” substitute “17(2) or 18(2)”;
c
in paragraph 44(2) (termination by the PCT on grounds of suitability etc.), in paragraph (k), for sub-paragraph (ii) substitute —
ii
removed under —
aa
section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (powers of the Court of Session to deal with management of charities), or
bb
section 34(5)(e) of the Charities and Trustee Investment (Scotland) Act 2005 (powers of the Court of Session),
from being concerned with the management or control of any body; or;
;
d
in paragraph 46(8) (termination by the PCT: remedial notices and breach notices), for “that obligation which is subject of the breach.” substitute “the obligation which is the subject of the breach.”;
e
in paragraph 47(2) (termination by the PCT: additional provisions), from “consequence the” to the end of the sub-paragraph substitute “consequence the contractor is no longer suitable to be a contractor.”;
f
in paragraph 49(2)(a) (contract sanctions and the NHS dispute resolution procedure), for “paragraph 33” substitute “paragraph 31”; and
g
in paragraph 50(4)(a) (termination and the NHS dispute resolution procedure), for “the contact” substitute “the contract”.
10
In Schedule 2 (additional services), in paragraph 4 (inspection of premises where additional services are being provided), for “practise premises” substitute “practice premises”.
Amendment to the National Health Service (Optical Charges and Payments) Regulations 1997
4
In regulation 1 of the National Health Service (Optical Charges and Payments) Regulations 1997 (citation, commencement and interpretation) in the definition of “NHS sight test fee” —
a
in paragraph (a), substitute “£57.16” for “£55.93”; and
b
in paragraph (b), substitute “£20.70” for “£20.26”.
Signed by authority of the Secretary of State for Health
Ann Keen
Parliamentary Under-Secretary of State,
Department of Health
6th March 2010


text:
Citation and commencement
1
This Order may be cited as the Crime and Disorder Act 1998 (Responsible Authorities) Order 2010 and shall come into force on 1st May 2010.
Combined areas
2
1
The functions conferred by sections 6 and 7 of the Crime and Disorder Act 1998 are to be carried out in relation to the local government areas of Bassetlaw District Council and Newark and Sherwood District Council as if they constituted only one area (for the purposes of this article, “the combined area”).
2
The persons who for the purposes of Chapter 1 of the Crime and Disorder Act 1998 are to be taken as the responsible authorities in relation to the combined area are the persons who comprise every person who, apart from this Order, would be a responsible authority in relation to one or both of the areas included in the combined area.
3
1
The functions conferred by sections 6 and 7 of the Crime and Disorder Act 1998 are to be carried out in relation to the local government areas of West Dorset District Council, Weymouth and Portland Borough Council, Purbeck District Council, Christchurch Borough Council, East Dorset District Council and North Dorset District Council as if they constituted only one area (for the purposes of this article, “the combined area”).
2
The persons who for the purposes of Chapter 1 of the Crime and Disorder Act 1998 are to be taken as the responsible authorities in relation to the combined area are the persons who comprise every person who, apart from this Order, would be a responsible authority in relation to any one or more of the areas included in the combined area.
Alan Campbell
Parliamentary Under–Secretary of State
Home Office
24th March 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Health Service Trusts (Trust Funds: Appointment of Trustees) (Amendment) Order 2010 and shall come into force on 17th March 2010.
2
In this Order, “the Appointment Order ” means the National Health Service Trusts (Trust Funds: Appointment of Trustees) Order 2000 .
Amendment of article 1 of the Appointment Order
2
In article 1 of the Appointment Order (citation, commencement and interpretation), in paragraph (2) —
a
for the definition of “ the Act ” substitute —
“the Act” means the National Health Service Act 2006;
and
b
after the definition of “the Act”, insert —
“company” means a company as defined in section 1(1) of the Companies Act 2006 ;
“executive director” means a director who is an employee of the company;
“non-executive director” means a director who is not an employee of the company;
.
Amendment of article 2 of the Appointment Order
3
In article 2(1) of the Appointment Order (appointment of trustees), for “section 11(1) of the Act (trust funds and trustees of NHS trusts)” substitute “paragraph 10(1) of Schedule 4 to the Act (trust funds and trustees)”.
Amendment of article 3 of the Appointment Order
4
For article 3 of the Appointment Order (termination and suspension of appointment) substitute —
3
1
The Secretary of State may terminate a trustee’s tenure of office where the Secretary of State is of the opinion that —
a
it is not in the interests of the Trust or of the health service or of the administration of any trust funds that the trustee should continue to hold office; or
b
in the case of a trustee that is a company, there has been a breach of any of the conditions in article 4(2).
2
Where the Secretary of State is of the opinion referred to in paragraph (1), the Secretary of State may suspend the trustee from office, pending a decision on whether to terminate the trustee’s tenure of office.
Insertion of article 4 to the Appointment Order
5
After article 3 of the Appointment Order add the following article —
Appointment of company subject to conditions
4
1
The Secretary of State must not appoint a company as a trustee for the Trust, other than in relation to the Barts and the London National Health Service Trust.
2
Where the Secretary of State appoints a company as a trustee any such appointment shall be subject to the following conditions, which must be included in the company’s constitution —
a
the company must be incorporated as a company limited by guarantee, established for exclusively charitable purposes and registered with the Charities Commission under the Charities Act 1993 ;
b
the objects of the company must include holding property as set out in paragraph 10(1) of Schedule 4 to the Act;
c
the number of non-executive directors must exceed the number of executive directors;
d
the non-executive directors of the company must be appointed by the Secretary of State;
e
when appointing executive directors, the company must have regard to the guidance entitled “Trustees for NHS Charities – Guidance on recruitment and selection” published by the Appointments Commission on 1st March 2010 , as if that guidance applied to the appointment of executive directors;
f
the company must have systems in place for the annual appraisal and performance management of its directors;
g
the board of directors of the company must ratify any Secretary of State request to terminate the tenure of office of a non-executive director on the grounds that the Secretary of State considers it is not in the interests of the Trust or of the health service or of the administration of any trust funds that a non-executive director should continue to hold office.
.
Signed by authority of the Secretary of State for Health
Mike O’Brien
Minister of State,
Department of Health
3rd March 2010


text:
Citation and commencement
1
1
These Regulations may be cited as the National Health Service (Strategic Health Authorities: Further Duty to Involve Users) Regulations 2010.
2
These Regulations come into force on 1st April 2010.
Further duty to involve users
2
Each Strategic Health Authority must make arrangements which secure that health service users are, directly or through representatives, involved (whether by being consulted, or provided with information, or in other ways) in the matters specified in regulation 3.
Matters to which the duty to involve users applies
3
1
The matters referred to in regulation 2 are the preparation and review of plans made by or on behalf of a Strategic Health Authority which set out strategies for —
a
improving the health of people in the area of the Authority; or
b
the provision of health services in the area of the Authority which, if implemented, would have an impact on —
i
the manner in which services are delivered to health service users, or
ii
the range of services available to those users.
2
The plans referred to in this regulation include plans made by or on behalf of the Strategic Health Authority jointly with another person.
Signed by authority of the Secretary of State for Health
Ann Keen
Parliamentary Under Secretary of State,
Department of Health
22nd February 2010


text:
Citation and interpretation
1
1
This Order may be cited as the Planning Act 2008 (Commencement No. 5 and Saving) Order 2010.
2
In this Order —
“ the Act ” means the Planning Act 2008, and
“direction” means a direction under article 4 of the Town and Country Planning (General Permitted Development) Order 1995 .
Provision coming into force on 6th April 2010
2
Section 224(3) of the Act shall come into force on 6th April 2010.
Provisions coming into force on 6th April 2010 in relation to England and Wales
3
The following provisions of the Act (so far as they are not yet in force) shall come into force, in relation to England and Wales, on 6th April 2010 —
a
section 189;
b
section 190(4);
c
section 206; and
d
section 238 and Schedule 13, so far as they give effect to the repeals specified in the Schedule to this Order.
Saving
4
The coming into force of section 189 of the Act shall have no effect in relation to any direction given before 6th April 2010.
Signed by authority of the Secretary of State for Communities and Local Government
Ian Austin
Parliamentary Under Secretary of State
Department for Communities and Local Government
3rd March 2010


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Individual Savings Account (Amendment) Regulations 2010 and shall come into force on 9th April 2010.
2
These Regulations have effect from 30 th December 2009.
Amendment to the Individual Savings Account Regulations 1998
2
The Individual Savings Account Regulations 1998 are amended as follows.
3
After Regulation 5A insert —
Treatment of certain sums held in accounts managed by Keydata Investment Services Limited
5B
1
This regulation applies if —
a
at 8 th June 2009, an account investor had an account holding SLS Capital S.A. Secure Income Bonds, issue 1, 2 or 3 (“the Bonds”), for which the account manager was Keydata Investment Services Limited (“Keydata”) which went into administration on that date;
b
the investor has received from the Administrators of Keydata a certificate containing the following information —
i
the investor’s full name and permanent residential address, including postcode;
ii
the investor’s Keydata client reference number;
iii
the date of investment in the Bonds;
iv
the amount (if any) subscribed in cash;
v
the amount (if any) subscribed by an ISA transfer;
vi
the total amount subscribed (for investment in the Bonds); and
vii
the maximum amount that can be reinvested using the certificate.
2
Where this regulation applies, the account investor may make a single subscription to a stocks and shares account held by him or her with another account manager —
a
not exceeding the maximum stated in the certificate under paragraph (1)(b)(vii);
b
not later than 5 th April 2011; and
c
giving the certificate to the new account manager.
3
The subscription made under this regulation shall not count towards the subscription limits in regulation 4(2).
4
The new account manager must —
a
treat the subscription made under this regulation in the same way as an account transferred from another account manager to him; and
b
retain either the certificate mentioned in paragraph (1)(b), or a copy of it.
Tony Cunningham
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
17th March 2010


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2010 and shall come into force on 1st August 2010.
Amendment of the National Health Service (Charges for Drugs and Appliances) Regulations 2000
2
In the National Health Service (Charges for Drugs and Appliances) Regulations 2000 —
a
in regulation 3 (supply of drugs and appliances by chemists), in paragraph (3A) for “regulation 7A(2)” substitute “regulations 7A(2) or 7D”;
b
in regulation 4 (supply of drugs and appliances by doctors), in paragraph 3(d) for “regulation 7A(2)” substitute “regulations 7A(2) or 7D”;
c
after regulation 7C (exemption from charges in respect of listed medicines) insert the following regulation —
Exemption for prescriptions provided or issued in Northern Ireland
7D
No charge shall be payable under regulation 3 or 4 in respect of any pharmaceutical services, local pharmaceutical services or dispensing services which are obtained on the presentation of a prescription form which is provided and issued in Northern Ireland.
.
Modifications of the Income Support Regulations in Schedule 1 to the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003
3
1
Table A in Schedule 1 to the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 (modifications of the Income Support (General) Regulations 1987) is amended as follows.
2
In the modifications of regulation 62 (calculation of grant income), for the entry relating to the insertion of paragraph (2C) substitute the following —
2C
There shall also be disregarded from a student’s grant income —
a
any sum by way of maintenance grant available to a student under regulations 57 to 59 of the Education (Student Support) Regulations 2009 which is not taken into account in the calculation of the maximum amount of a loan for living costs under Chapter 2 of Part 6 of those Regulations;
b
any sum by way of maintenance grant available to a student under regulations 38 or 39 of the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2009 which is not taken into account in the calculation of the maximum amount of a loan for living costs under regulations 46 to 48 of those Regulations; and
c
any sum by way of maintenance grant available to a student under regulation 58 of the Education (Student Support) ( No. 2) Regulations (Northern Ireland) 2009 which is not taken into account in the calculation of the maximum amount of a loan for living costs under regulation 66 of those Regulations.
3
In the modifications of regulation 66A (treatment of student loans), in the first entry, for “Student Support Information Guide 2009-2010” substitute “Student Support Information Guide 2010-2011 ”.
Signed by authority of the Secretary of State for Health.
Earl Howe
Parliamentary Under-Secretary of State,
Department of Health
2nd July 2010


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations 2010 and come into force on 10th August 2010.
2
These Regulations have effect —
a
for the purposes of the charge to stamp duty, in relation to instruments executed on or after 10th August 2010;
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 10th August 2010;
ii
in the case of agreements to transfer traded securities which are conditional, in relation to agreements where the condition is satisfied on or after that date.
Interpretation
2
In these Regulations —
“clearing participant” means a member of —
EMCF who as such is permitted by the Rules of EMCF,
EuroCCP who as such is permitted by the Rules of EuroCCP,
LCH.Clearnet who as such is permitted by the Rules of LCH.Clearnet, or
X-CLEAR who as such is permitted by the Rules of X-CLEAR,
to clear transactions made on the Turquoise MTF for a traded security and who may or may not also be a participant on the Turquoise MTF;
“client” means a person who gives instructions to a non-clearing firm for traded securities to be sold on the Turquoise MTF;
“EMCF” means European Multilateral Clearing Facility N.V. ;
“EuroCCP” means European Central Counterparty Limited;
“LCH.Clearnet” means LCH.Clearnet Limited;
“X-CLEAR” means SIX X-CLEAR AG;
“nominee” means a person whose business is or includes holding traded securities as a nominee for EMCF, EuroCCP, LCH.Clearnet or X-CLEAR acting in its capacity as a person providing clearing services in connection with a transaction made on the Turquoise MTF, or as a nominee for a clearing participant;
“non-clearing firm” means a participant on the Turquoise MTF other than a clearing participant;
“traded securities” means stocks and shares which are issued or raised by a body corporate but does not include stocks and shares issued or raised by a body corporate not incorporated in the United Kingdom unless —
the stocks and shares are registered in a register kept in the United Kingdom by or on behalf of the body corporate; or
in the case of shares, they are paired, within the meaning of section 99(6A) of the Finance Act 1986 , with shares issued by a body corporate incorporated in the United Kingdom;
“Turquoise MTF” is a multilateral trading facility operated by Turquoise Services Limited .
Prescription of recognised investment exchanges and recognised clearing houses
3
For the purposes of sections 116 and 117 of the Finance Act 1991 —
a
Turquoise MTF is prescribed as a recognised investment exchange;
b
EMCF is prescribed as a recognised clearing house;
c
EuroCCP is prescribed as a recognised clearing house;
d
LCH.Clearnet is prescribed as a recognised clearing house; and
e
X-CLEAR is prescribed as a recognised clearing house.
Prescribed circumstances for the purposes of sections 116 and 117
4
1
In the circumstances prescribed by paragraph (2), the charges to stamp duty and stamp duty reserve tax shall be treated as not arising.
2
The circumstances prescribed are where, in connection with a transaction made on the Turquoise MTF, conditions A, B and C are met.
3
Condition A is that traded securities are transferred, or agreed to be transferred, from —
a
a clearing participant or its nominee to another clearing participant or its nominee;
b
a non-clearing firm or its client, or nominee of a non-clearing firm or its client, to a clearing participant or its nominee;
c
a clearing participant or its nominee to either EMCF, EuroCCP, LCH.Clearnet or X-CLEAR, or to their nominees;
d
a person other than a clearing participant to either EMCF, EuroCCP, LCH.Clearnet or X-CLEAR, or to their nominees, as a result of a failure by a clearing participant to fulfil its obligations in respect of the transaction concerned to transfer traded securities to either EMCF, EuroCCP, LCH.Clearnet or X-CLEAR, or to their nominees;
e
either EMCF, EuroCCP, LCH.Clearnet or X-CLEAR, or their nominees, to a clearing participant or its nominee;
f
EMCF or its nominee to either EuroCCP, LCH.Clearnet or X-CLEAR or to their nominees;
g
EuroCCP or its nominee to either EMCF, LCH.Clearnet or X-CLEAR or to their nominees;
h
LCH.Clearnet or its nominee to either EMCF, EuroCCP or X-CLEAR or to their nominees; or
i
X-CLEAR or its nominee to either EMCF, EuroCCP or LCH.Clearnet or to their nominees.
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
Condition C is that traded securities which are the subject of a relevant agreement shall be dealt with by a clearing participant, who is a party to the relevant agreement, in a separate designated account.
6
In this regulation —
a
“designated account” means an account designated by EMCF, EuroCCP, LCH.Clearnet or X-CLEAR, for a clearing participant, in connection with the traded securities concerned;
b
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.
Revocation of the Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations ( No. 8) 2009
5
The Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 8) 2009 are revoked.
Michael Fabricant
James Duddridge
Two of the Lords Commissioners of Her Majesty’s Treasury
15th July 2010


text:
This Order may be cited as the General Medical Council (Constitution of Panels and Investigation Committee) (Amendment) Rules Order of Council 2010 and comes into force on 1st April 2010.
Judith Simpson
Clerk of the Privy Council