text:
Citation and commencement
1
These Regulations may be cited as the Armed Forces (Terms of Service) (Amendment) Regulations 2011, and will come into force on 12th July 2011.
Interpretation
2
In these Regulations —
“the Army Regulations ” means the Army Terms of Service Regulations 2007 ;
“the RAF Regulations ” means the Royal Air Force Terms of Service Regulations 2007 ;
“the RM Regulations ” means the Royal Marines Terms of Service Regulations 2006 ;
“the RN Regulations ” means the Royal Navy Terms of Service (Ratings) Regulations 2006 .
The RN Regulations
3
For regulation 4 of the RN Regulations substitute —
Right to transfer to the reserve
4
1
Subject to regulation 5, a person (“A”) who is serving in the Royal Navy will have a right to be transferred to the reserve if —
a
A is serving for a term of 4 years or more in the Royal Navy;
b
A notifies their commanding officer in writing of their desire to be transferred to the reserve; and
c
the written notification (referred to in sub-paragraph (b)) is given more than 2 years and 6 months after A completed initial training.
2
Subject to paragraphs (3) and (4), where paragraph (1) applies, A will be transferred to the reserve at the expiry of a 12 month period beginning with the notification date.
3
The 12 month period (referred to in paragraph (2)) may be reduced if, within 1 month of the notification date, the competent naval authority informs A in writing of the date on which the transfer will take place.
4
The 12 month period (referred to in paragraph (2)) may not be reduced to a period of less than 6 months from the notification date.
5
In this regulation “the notification date” means the date on which A notifies the commanding officer in writing of their desire to be transferred to the reserve.
4
After regulation 4 of the RN Regulations insert —
Transfer to the reserve with consent
4A
In addition to the right conferred by regulation 4, a person serving in the Royal Navy whose application to their commanding officer for transfer to the reserve is approved by the competent naval authority, will be transferred to the reserve.
5
After regulation 7 of the RN Regulations insert —
Right of those under 18 years to determine service
7A
1
A person (“A”) who enlists in the Royal Navy will have the right to determine their service if —
a
before A’s 18th birthday, A gives notice in writing to their commanding officer of their desire to determine their service; and
b
A does not have a right to determine their service under regulation 7.
2
Subject to paragraphs (3), (4) and (5), where A has the right conferred by paragraph (1), A will be entitled to be discharged at the expiry of a 3 month period, beginning with the date on which A gives their written notice to the commanding officer.
3
The 3 month period referred to in paragraph (2) may be reduced to a period, the duration of which is agreed between A and the commanding officer.
4
A’s entitlement to discharge will be postponed until A is released from service detention where A is serving a sentence of service detention —
a
where paragraph (2) applies, at the expiry of the 3 month period; or
b
where paragraph (3) applies, at the expiry of the reduced period.
5
A’s entitlement to be discharged at the end of the period set out in paragraphs (2), (3) or (4) (whichever is appropriate) will be extinguished if, before A is discharged, A rescinds their written notice to the commanding officer.
6
Nothing in paragraph (5) prevents A from giving a further notice for the purposes of paragraph (1) to the commanding officer.
The RM Regulations
6
For regulation 4 of the RM Regulations substitute —
Right to transfer to the reserve
4
1
Subject to regulation 5, a person (“A”) who is serving in the Royal Marines will have a right to be transferred to the reserve if —
a
A is serving for a term of 4 years or more in the Royal Marines;
b
A notifies their commanding officer in writing of their desire to be transferred to the reserve; and
c
the written notification (referred to in sub-paragraph (b)) is given more than 2 years and 6 months after A completed initial training.
2
Subject to paragraphs (3) and (4), where paragraph (1) applies, A will be transferred to the reserve at the expiry of a 12 month period, beginning with the notification date.
3
The 12 month period (referred to in paragraph (2)) may be reduced, if within 1 month of the notification date, the competent authority informs A in writing of the date on which the transfer will take place.
4
The 12 month period (referred to in paragraph (2)) may not be reduced to a period of less than 6 months from the notification date.
5
In this regulation “the notification date” means the date on which A notifies the commanding officer in writing of their desire to be transferred to the reserve.
7
After regulation 4 of the RM Regulations insert —
Transfer to the reserve with consent
4A
In addition to the right conferred by regulation 4, a person serving in the Royal Marines whose application to their commanding officer for transfer to the reserve is approved by the competent authority, will be transferred to the reserve
.
8
After regulation 7 of the RM Regulations insert —
Right of those under 18 years to determine service
7A
1
A person (“A”) who enlists in the Royal Marines will have the right to determine their service if —
a
before A’s 18th birthday, A gives notice in writing to their commanding officer of their desire to determine their service; and
b
A does not have a right to determine their service under regulation 7.
2
Subject to paragraphs (3), (4) and (5), where A has the right conferred by paragraph (1), A will be entitled to be discharged at the expiry of a 3 month period, beginning with the date on which A gives their written notice to the commanding officer.
3
The 3 month period referred to in paragraph (2) may be reduced to a period, the duration of which is agreed between A and the commanding officer.
4
A’s entitlement to discharge will be postponed until A is released from service detention where A is serving a sentence of service detention —
a
where paragraph (2) applies, at the expiry of the 3 month period; or
b
where paragraph (3) applies, at the expiry of the reduced period.
5
A’s entitlement to be discharged at the end of the period set out in paragraphs (2), (3) or (4) (whichever is appropriate) will be extinguished if, before A is discharged, A rescinds their written notice to the commanding officer.
6
Nothing in paragraph (5) prevents A from giving a further notice for the purposes of paragraph (1) to the commanding officer.
The Army Regulations
9
After regulation 9 of the Army Regulations insert —
Right of those under 18 years to determine service
9A
1
A person (“A”) who enlists in the regular army will have the right to determine their service if —
a
before A’s 18th birthday, A gives notice in writing to their commanding officer of their desire to determine their service; and
b
A does not have a right to determine their service under regulation 9.
2
Subject to paragraphs (3), (4) and (5), where A has the right conferred by paragraph (1), A will be entitled to be discharged at the expiry of a 3 month period, beginning with the date on which A gives their written notice to the commanding officer.
3
The 3 month period referred to in paragraph (2) may be reduced to a period, the duration of which is agreed between A and the commanding officer.
4
A’s entitlement to discharge will be postponed until A is released from service detention where A is serving a sentence of service detention —
a
where paragraph (2) applies, at the expiry of the 3 month period; or
b
where paragraph (3) applies, at the expiry of the reduced period.
5
A’s entitlement to be discharged at the end of the period set out in paragraphs (2), (3) or (4) (whichever is appropriate) will be extinguished if, before A is discharged, A rescinds their written notice to the commanding officer.
6
Nothing in paragraph (5) prevents A from giving a further notice for the purposes of paragraph (1) to the commanding officer.
10
1
Regulation 11 of the Army Regulations (right to transfer to the reserve) is amended as follows.
2
In paragraph (3) omit the words “not less than 12 months before the date when he is to be transferred to the reserve”.
3
After paragraph (3) insert —
3A
Subject to paragraph (3B) where the person exercises the right conferred under this regulation, their transfer to the reserve will occur on or after the expiry of a 12 month period beginning with the notification date.
3B
The 12 month period, referred to in paragraph (3B) may be reduced to a period of 6 months or more if within 1 month of the notification date, the competent military authority notifies the person in writing of the date on which they are to be transferred to the reserve.
3C
In this regulation, the “notification date” means the date on which the person gives to their commanding officer the written notice referred to in paragraph (3)
.
The RAF Regulations
11
After regulation 8 of the RAF Regulations insert —
Right of those under 18 years to determine service
8A
1
A person (“A”) in air force service, will have the right to determine their service if —
a
before A’s 18th birthday, A gives notice in writing to their commanding officer of their desire to determine their service; and
b
A does not have a right to determine their service under regulation 8.
2
Subject to paragraphs (3), (4) and (5), where A has the right conferred by paragraph (1), A will be entitled to be discharged at the expiry of a 3 month period, beginning with the date on which A gives their written notice to the commanding officer.
3
The 3 month period referred to in paragraph (2) may be reduced to a period, the duration of which is agreed between A and the commanding officer.
4
A’s entitlement to discharge will be postponed until A is released from service detention where A is serving a sentence service detention —
a
where paragraph (2) applies, at the expiry of the 3 month period; or
b
where paragraph (3) applies, at the expiry of the reduced period.
5
A’s entitlement to be discharged at the end of the period set out in paragraphs (2), (3) or (4) (whichever is appropriate) will be extinguished if, before A is discharged, A rescinds their written notice to the commanding officer.
6
Nothing in paragraph (5) prevents A from giving a further notice for the purposes of paragraph (1) to the commanding officer.
Transitional provisions
12
For the purposes of regulations 13 to 15, “commencement” means the date on which these Regulations come into force.
The RN Regulations
13
Regulation 4 of the RN Regulations will apply without the amendment made by these Regulations where before commencement a person has given written notice (under regulation 4 of the RN Regulations) of their desire to be transferred to the reserve.
The RM Regulations
14
Regulation 4 of the RM Regulations will apply without the amendment made by these Regulations where before commencement a person has given written notice (under regulation 4 of the RM Regulations) of their desire to be transferred to the reserve.
The Army Regulations
15
Regulation 11 of the Army Regulations will apply without the amendment made by these Regulations where before commencement a person has exercised their right to be transferred to the reserve (under regulation 11 of the Army Regulations) by giving notice in writing to the commanding officer.
Andrew Robathan
Member of the Defence Council
Ministry of Defence
16th June 2011
Ursula Brennan
Member of the Defence Council
Ministry of Defence
17th June 2011


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the General Chiropractic Council (Registration) (Amendment and Repayment) Rules Order of Council 2011, and shall come into force on 1st January 2012.
Privy Council approval
2
Their Lordships, having taken into consideration those Rules, which are contained in the Schedule, are pleased to, and do approve them.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Humber Bridge (Debts) Order 2011 and comes into force on 9th August 2011.
Waiver of interest
2
1
The sum specified in paragraph (3) which would, but for this Order, be payable to the Secretary of State for Transport under the agreements referred to in paragraph (2), is not payable.
2
The agreements referred to in paragraph (1) are those dated 29th March 1972, 1st July 1998 and 19th June 2007 and made between the Secretary of State and the Humber Bridge Board under section 5(3) of the Humber Bridge Act 1971 (“the Agreements”).
3
The sum referred to in paragraph (1) is that amount of interest accruing from 1st April 2011 to 31st March 2016 on all sums owed to the Secretary of State under the Agreements, on which interest is still payable after taking into account the releases referred to in paragraph (4), to the extent that it exceeds the amount of such interest calculated as if the rate of interest applicable for the period beginning on 1st April in each year specified in column (1) of the Table and ending on 31st March in the following year was the corresponding rate specified in column (2).
Table
(1)
Year
(2)
Rate of interest
2011 5.13% 2012 4.82% 2013 4.52% 2014 4.25% 2015 4.25%
4
The releases referred to in paragraph (3) are the releases set out at items 14-16 in the Table in paragraph 3 of the Schedule to the Humber Bridge (Debts) Order 1998 .
Signed by authority of the Secretary of State for Transport
Norman Baker
Parliamentary Under Secretary of State
Department for Transport
7th July 2011
We consent
Jeremy Wright
Michael Fabricant
Two of the Lords Commissioners of Her Majesty’s Treasury
11th July 2011


text:
Citation and commencement
1
1
These Regulations may be cited as the Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 2011.
2
These Regulations come into force on 30th September 2011.
Amendment of Regulations
2
1
The Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) Regulations 1999 are amended as follows.
2
In regulation 2(1)(a) for “Council Directive 2006/105/ EC ” substitute “Commission Directive 2010/26/ EU ” .
3
In regulation 2(1B) before “same” insert “the”.
4
In regulation 6A(6) for “The” substitute “Subject to paragraph (6A), the”.
5
After regulation 6A(6) insert —
6A
Where machinery referred to in the final sentence of paragraph 7 of article 9a of Directive 97/68/EC complies with the requirements of regulation 4(2)(f) and is not manufactured by a small volume engine manufacturer, it shall —
a
before 1st August 2013 be exempt from the requirements of regulation 6(4); and
b
before 1st February 2014 be exempt from the requirements of regulation 4(2)(g).
6
In regulation 17(a) for “a new” substitute “an”.
7
After regulation 21 insert —
Review
22
1
Before the end of each review period, the Secretary of State must —
a
carry out a review of these Regulations;
b
set out the conclusions of the review in a report; and
c
publish the report.
2
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Directive 97/68/EC (which is implemented in the United Kingdom by these Regulations) is implemented in other member States.
3
The report must, in particular —
a
set out the objectives intended to be achieved by the regulatory system established by these Regulations;
b
assess the extent to which the objectives are achieved;
c
assess whether the objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
4
“Review period” means —
a
the period of five years beginning with 30th September 2011; and
b
subject to paragraph (5), each successive period of five years.
5
If a report under this regulation is published before the last day of the review period to which is relates, the following review period is to begin with the day on which that report is published.
8
In paragraph 13 of Schedule 9 —
a
at the end of sub-paragraph (1)(a) add “and”;
b
for sub-paragraph (1)(b) and (c) substitute —
b
comply with a request by a competent approval authority in an EEA State for information that the authority requires in order to confirm that any engine claimed to be, or labelled as being, placed on the market under a flexibility scheme is properly so claimed or labelled.
;
c
omit sub-paragraphs (2) and (3).
Signed by authority of the Secretary of State for Transport
Norman Baker
Parliamentary Under Secretary of State
Department for Transport
30th August 2011


text:
Citation and commencement
1
1
These regulations may be cited as the Corporation Tax (Implementation of the Mergers Directive) Regulations 2011.
2
These regulations come into force on 1st July 2011.
Amendment of the Taxation of Chargeable Gains Act 1992
2
1
The Taxation of Chargeable Gains Act 1992 is amended as follows.
2
In section 140H(2)(a) (share exchanges: meaning of “company”) for “the Annex” substitute “Part A of Annex I”.
3
In section 140L(1) (interpretation of sections 140A to 140L) —
a
in paragraph (a) from “90/434/ EEC ” to the end substitute “2009/133/ EC ,”, and
b
in paragraphs (b) and (c) for “the Annex” substitute “Part A of Annex I”.
Amendment of the Finance Act 2007
3
In section 110(4) of the Finance Act 2007 (Mergers Directive: regulations), in the definition of “the Mergers Directive” for “ 90/434/EEC ” substitute “ 2009/133/EC ”.
Amendment of the Corporation Tax Act 2009
4
1
The Corporation Tax Act 2009 is amended as follows.
2
In section 430(1) (interpretation: meaning of “company”) for “the Annex” substitute “Part A of Annex I”.
3
In section 439(1) (interpretation), in the definition of “company” for “the Annex” substitute “Part A of Annex I”.
4
In section 681(1) (interpretation: meaning of “company”) for “the Annex” substitute “Part A of Annex I”.
5
In section 688(1) (interpretation), in the definition of “company” for “the Annex” substitute “Part A of Annex I”.
6
In section 819(5)(a) (European cross-border transfers of business: introduction: meaning of “company”) for “the Annex” substitute “Part A of Annex I”.
7
In section 823(5) (interpretation of sections 821 and 822: references to a company) for “the Annex” substitute “Part A of Annex I”.
8
In section 1319 (other definitions), in the definition of “the Mergers Directive” from “(EEC)” to the end substitute “ 2009/133/EC ,”.
Amendment of the Taxation (International and Other Provisions) Act 2010
5
In section 123 of the Taxation (International and Other Provisions) Act 2010 (interpretation of sections 116 to 122) —
a
in the definition of “company” for “the Annex” substitute “Part A of Annex I”, and
b
in the definition of “the Mergers Directive” from “ 90/434/EEC ” to the end substitute “ 2009/133/EC ,”.
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
7th June 2011


text:
Citation and commencement
1
This Order may be cited as the Traffic Management (London Borough of Newham) Permit Scheme Order 2011 and comes into force on 5th September 2011.
Interpretation
2
In this Order —
“the London Borough of Newham Permit Scheme” means the permit scheme set out in the Schedule to this Order in terms commonly known as the “London Permit Scheme” which was prepared and submitted to the Secretary of State by the London Borough of Newham and has been approved by the Secretary of State; and
“specified streets” has the meaning given by regulation 8 of the Traffic Management Permit Scheme (England) Regulations 2007 .
Commencement of Permit Scheme
3
The London Borough of Newham Permit Scheme comes into effect on 5th September 2011.
Application of Part 8 of the Traffic Management Permit Scheme (England) Regulations 2007
4
Part 8 of the Traffic Management Permit Scheme (England) Regulations 2007 shall apply to the specified streets within the London Borough of Newham Permit Scheme.
Signed by authority of the Secretary of State for Transport
Norman Baker
Parliamentary Under Secretary of State
Department for Transport
2nd August 2011


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (SIX X-CLEAR AG) Regulations 2011 and come into force on 1st April 2011.
2
These Regulations have effect —
a
for the purposes of the charge to stamp duty, in relation to instruments executed on or after 1st April 2011;
b
for the purposes of the charge to stamp duty reserve tax —
i
in the case of agreements to transfer traded securities or options which are not conditional, in relation to agreements made on or after 1st April 2011;
ii
in the case of agreements to transfer traded securities or options which are conditional, in relation to agreements where the condition is satisfied on or after 1st April 2011.
Interpretation
2
In these Regulations —
“clearing participant” means a member of X-CLEAR who as such is permitted by the Rules of X-CLEAR to clear facility transactions and/or over the counter transactions;
“client” means a person who gives instructions to a non-clearing firm for traded securities or options to be sold in a facility transaction or an over the counter transaction;
“facility” means a recognised investment exchange within the meaning of sections 116(4)(b) and 117(3) of the Finance Act 1991;
“facility transaction” means a transaction in traded securities or options that is made on or reported to a recognised investment exchange;
“X-CLEAR” means SIX X-CLEAR AG ;
“nominee” means, save in relation to a non-clearing firm or its client (regulation 4(3)(b) and (e)), a person whose business is or includes holding traded securities or options as a nominee for X-CLEAR, or another prescribed recognised clearing house, acting in its capacity as a person providing clearing services in connection with an over the counter transaction or a facility transaction, or as a nominee for a clearing participant;
“non-clearing firm” means a person other than a clearing participant who has an agreement with a clearing participant to clear over the counter transactions or facility transactions or both;
“option” means an option to buy or sell traded securities;
“over the counter transaction” means a transaction in traded securities or options made other than on a recognised investment exchange”;
“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.
Prescription of a recognised clearing house
3
For the purposes of sections 116 and 117 of the Finance Act 1991 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 facility transaction or an over the counter transaction (excluding transactions that come within section 80C and 89AA of the Finance Act 1986 ), conditions A, B and C are met.
3
Condition A is that traded securities or options 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 X-CLEAR or its nominee;
d
a person other than a clearing participant to X-CLEAR or its nominee, as a result of a failure by a clearing participant to fulfil its obligations in respect of the transaction concerned to transfer traded securities or options to X-CLEAR, or its nominee;
e
a person other than a clearing participant to a clearing participant or its nominee as a result of a failure by a non-clearing firm or its client, or nominee of a non-clearing firm or its client or by another clearing participant or its nominee to fulfil its obligations in respect of the transaction concerned to transfer traded securities or options to that clearing participant or its nominee;
f
a prescribed recognised clearing house or its nominee to X-CLEAR or its nominee; or
g
X-CLEAR or its nominee to a clearing participant or its nominee.
4
Condition B is that the person to whom those securities or options are agreed to be transferred under any of the agreements specified in paragraph (3) (“the relevant agreement”) is required on receipt of those securities or options to transfer traded securities or options under a matching agreement to another person or, in the case of an agreement falling within paragraph (3)(d) or (3)(e), would have been so required if the failure referred to in those paragraphs had not occurred.
5
Condition C is that where traded securities or options which are the subject of the relevant agreement are received by a clearing participant, the agreement must be identified by the clearing participant as an agreement that has been made solely in relation to the clearing of those traded securities or options on behalf of a third party.
6
In this regulation “matching agreement” means an agreement under which —
i
the traded securities or options agreed to be transferred are of the same kind as the traded securities or options agreed to be transferred under the relevant agreement; and
ii
the number and transfer price of the traded securities or options agreed to be transferred are in total identical to the number and transfer price of the traded securities or options agreed to be transferred under the relevant agreement.
Jeremy Wright
Brooks Newmark
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 2011


text:
Citation and commencement
1
This Order may be cited as the Apprenticeship Sectors (Specification) Order 2011 and comes into force on 1st March 2011.
Specification of apprenticeship sectors
2
The sectors in the Schedule are specified for the purposes of Chapter 1 of Part 1 of the Apprenticeships, Skills, Children and Learning Act 2009.
John Hayes
Minister of State for Further Education and Lifelong Learning
Department for Business, Innovation and Skills
3rd February 2011


text:
PART 1 Introductory provision
Title and commencement
1
These Regulations may be cited as the Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2011 and come into force on 6th April 2011.
PART 2 Amendments to the Marine Works (Environmental Impact Assessment) Regulations 2007
Amendments to the Marine Works (Environmental Impact Assessment) Regulations 2007
2
The Marine Works (Environmental Impact Assessment) Regulations 2007 are amended as follows.
Amendments to regulation 2
3
1
In paragraph (1) of regulation 2 (interpretation) —
a
after the definition of “the 1985 Act ”, insert —
“the 2009 Act ” means the Marine and Coastal Access Act 2009 ;
“the 2010 Act ” means the Marine (Scotland) Act 2010 ;
;
b
for the definition of “appropriate authority”, substitute —
“appropriate authority” means —
where the regulator is the Secretary of State, the Marine Management Organisation or a devolved authority, the regulator;
where the regulator is any other person —
as regards any regulated activity in Northern Ireland, the Department of the Environment;
as regards any regulated activity in Scotland or the Scottish offshore region (or both), the Scottish Ministers;
as regards harbour works in Wales relating to fishery harbours or carried out for the purposes of extracting minerals by dredging, the Welsh Ministers; and
in any other case, the Secretary of State;
and for the purpose of sub-paragraph (a), “a devolved authority” means any Northern Ireland Department, the Scottish Ministers or the Welsh Ministers;;
;
c
for the definition of “consenting authority”, substitute —
“consenting authority”, in relation to a project, means any authority —
whose consent to any activity to be undertaken in the course of the project is required under any enactment, or
whose determination was required under any of the Government View documents, and for this purpose, “the Government View documents” means —
the document entitled “Offshore Dredging for Sand, Gravel and Other Minerals”, dated April 1989, and published by the Department of the Environment and the Welsh Office;
the document entitled “Government View: New Arrangements for the Licensing of Minerals Dredging”, dated May 1998, and published by the Department of the Environment, Transport and the Regions and the Welsh Office; and
the document entitled “Government View: Interim Arrangements for the Licensing of Marine Minerals Dredging in Northern Ireland”, dated May 2006, and published by the Department of the Environment;
;
d
for the definition of “England”, substitute —
“England” includes any part of the territorial sea that is not part of Scotland, Wales or Northern Ireland;
;
e
after the definition of “harbour” insert —
“harbour authority” has the same meaning as in section 57(1) of the Harbours Act 1964
;
f
for the definition of “harbour works”, substitute —
“harbour works” means —
works involved in the construction of a harbour;
works involving the making of modifications to an existing harbour;
any dredging operation undertaken by or on behalf of a harbour authority and carried out for the purpose of extracting minerals; and
works involving the deposit of spoil from any such dredging operation;
;
g
for the definition of “regulatory approval”, substitute —
“regulatory approval” means —
a licence under Part 2 of the 1985 Act ;
a marine licence, or variation of a marine licence, under Part 4 of the 2009 Act;
a marine licence, or variation of a marine licence, under Part 4 of the 2010 Act; or
except in relation to Northern Ireland, an approval or consent for harbour works under —
any local Act;
such an Act read together with a notice given and published under section 9 of the Harbours Transfer Act 1862 ; or
any order under section 14 or 16 of the Harbours Act 1964 ;
;
h
for the definition of “relevant authority”, substitute —
“relevant authority” means —
where a regulated activity is likely to have a significant effect on the environment of Northern Ireland and the appropriate authority is not a Northern Ireland Department, such of the Northern Ireland Departments as the appropriate authority considers likely to have an interest in the activity by reason of their environmental responsibilities;
where a regulated activity is likely to have a significant effect on the environment of Scotland, or the Scottish offshore region (or both) and the appropriate authority is not the Scottish Ministers, the Scottish Ministers;
where the regulated activity is likely to have a significant effect on the environment of the Scottish offshore region and the appropriate authority is not the Secretary of State, the Secretary of State;
where a regulated activity is likely to have a significant effect on the environment of Wales and the appropriate authority is not the Welsh Ministers, the Welsh Ministers;
where a regulated activity is likely to have a significant effect on the environment of England or a relevant offshore region and the appropriate authority is the Marine Management Organisation, the Secretary of State; and
where a regulated activity is likely to have a significant effect on the environment of England or a relevant offshore region and the appropriate authority is the Secretary of State, the Marine Management Organisation;
;
i
after the definition of “relevant legislation”, insert —
“relevant offshore region” means —
the English offshore region;
the Welsh offshore region; or
the Northern Ireland offshore region;
within the meaning of those expressions given by section 322(1) of the 2009 Act;
“the relevant Public Register” means the register on which information must be recorded in accordance with (as the case may be) —
section 14 of the 1985 Act ;
section 101 of the 2009 Act; or
section 54 of the 2010 Act;
;
j
for the definition of “Scotland”, substitute —
“Scotland” (other than in the definition of “the Scottish offshore region”) includes the Scottish inshore region;
;
k
after the definition of “Scotland”, insert —
“the Scottish inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to Scotland;
“the Scottish offshore region” means so much of the UK marine area as lies outside the Scottish inshore region and consists of —
areas of sea which lie within the Scottish zone, and
areas of sea which lie outside the Scottish zone but which are nearer to any point on the baselines from which the breadth of the territorial sea adjacent to Scotland is measured than to any point on the baselines in any other part of the United Kingdom;
and for this purpose “the Scottish zone” has the meaning given by section 126(1) of the Scotland Act 1998 ;;
;
l
for the definition of “sea”, substitute —
“sea” includes —
any area submerged at mean high water spring tide, and
the waters of every estuary, arm of the sea, river or channel, so far as the tide flows at mean high water spring tide,
and any reference to an area of sea includes the bed and subsoil of the sea within that area;;
;
m
for the definition of “Wales”, substitute —
“Wales” has the meaning given by section 158(1) of the Government of Wales Act 2006 ;
;
n
after the definition of “sea”, insert —
“UK marine area” has the same meaning as in section 42 of the 2009 Act;
;
o
omit the definitions of —
i
“deposit”;
ii
“devolved authority”;
iii
“outlying waters”;
iv
“the Public Register”;
v
“the Scottish zone”;
vi
“United Kingdom controlled waters”;
vii
“United Kingdom waters”;
viii
“waters adjacent to England”;
ix
“waters adjacent to Northern Ireland”;
x
“waters adjacent to Scotland”; and
xi
“waters adjacent to Wales”.
2
After regulation 2(1), insert —
1A
The area of sea referred to in sub-paragraph (a) of the definition of “sea” in paragraph (1) includes waters in any area —
a
which is closed, whether permanently or intermittently, by a lock or other artificial means against the regular action of the tide, but
b
into and from which seawater is caused or permitted to flow, whether continuously or from time to time.
.
Proposed activity which would otherwise be a regulated activity
4
After regulation 2 (interpretation), insert —
Proposed activity which would otherwise be a regulated activity
2A
1
Paragraph (2) applies where —
a
an activity is proposed to be carried out which would be a regulated activity if carried out by a person other than the person who would be the regulator in relation to that activity; and
b
the person by whom the activity is proposed to be carried out (“the relevant person”) is the person who would be the regulator in relation to that activity if it were carried out by any other person.
2
Where this paragraph applies, these Regulations apply in relation to that proposal as if —
a
the activity were a regulated activity, the relevant person had made an application for regulatory approval in respect of that activity and, in relation to the carrying out of that activity by that person, that person were also the regulator; and
b
accordingly —
i
references to the regulator’s dealing with the application or to a regulatory decision were references to determining whether to carry out the proposal;
ii
references to granting a regulatory approval were references to a decision to proceed to carry out the proposal; and
iii
references to treating the application as withdrawn were references to treating the proposal as abandoned.
.
Fees
5
For regulation 3, substitute —
Fees
3
1
An appropriate authority may require an applicant for a regulatory approval to pay to it reasonable fees in respect of relevant expenses.
2
In paragraph (1) “relevant expenses” means administrative and other expenses which the authority reasonably incurs under these Regulations in its capacity as an appropriate authority (including any expenses in respect of examinations and tests carried out for that purpose), but does not include any expenses in respect of which a fee may be charged under any other provision of these Regulations.
3
Paragraph (4) applies to any requirement imposed under —
a
paragraph (1);
b
paragraph 2 of Schedule 2;
c
paragraph 3 of Schedule 4; or
d
regulation 24A.
4
The determination of the amount of a reasonable fee in accordance with any requirement to which this paragraph applies must be made —
a
where the appropriate authority is the Secretary of State, by the Secretary of State with the consent of the Treasury;
b
where the appropriate authority is the Marine Management Organisation, by the Marine Management Organisation, with the consent of —
i
the Secretary of State; and
ii
the Treasury;
c
where the appropriate authority is the Department of the Environment, by the Department of the Environment with the consent of the Department of Finance and Personnel;
d
where the appropriate authority is the Welsh Ministers, by the Welsh Ministers with the consent of the Treasury; and
e
where the appropriate authority is the Scottish Ministers, by the Scottish Ministers.
5
Before determining the amount of a fee which is imposed under any requirement referred to in paragraph (3), the authority must consult such organisations as appear to it to represent persons who are likely to apply for regulatory approval.
.
Amendments to regulation 10
6
In regulation 10 (exceptions) —
a
in paragraph (1)(b)(i), after “to be carried out by”, insert “the appropriate authority or by”;
b
in paragraph (3)(b), for paragraph (ii), substitute —
ii
in the case of an activity requiring regulatory approval under the 1985 Act, the 2009 Act or the 2010 Act, made available on the relevant Public Register.
;
c
for paragraph (4), substitute —
4
Where the appropriate authority determines in accordance with paragraph (1)(b) that an environmental impact assessment is not required in relation to a regulated activity —
a
the regulator —
i
must not grant regulatory approval unless it has determined that to do so would be compatible with the other consenting authority’s measures to comply with the EIA Directive ; and
ii
for the purpose of so determining must consider whether it is appropriate to seek the views of the other consenting authority; and
b
any decision to grant a regulatory approval must take into account any comments of the other consenting authority relating to the regulated activity.
; and
d
after paragraph (4), add —
5
Paragraph (1) is subject to regulation 10A.
.
Further provisions in relation to Article 2(3) of the EIA Directive
7
After regulation 10 (exceptions), insert —
Further provisions in relation to Article 2(3) of the EIA Directive
10A
1
The Marine Management Organisation may not make a determination under regulation 10(1)(a)(i) unless the Secretary of State has given a direction under paragraph (2).
2
The Secretary of State may direct that an environmental impact assessment is not required in relation to any regulated activity that is to be carried out in the course of an Annex I project or an Annex II project, if the Secretary of State is satisfied that —
a
the Marine Management Organisation is the appropriate authority having the function of determining whether an environmental impact assessment is required in relation to the regulated activity;
b
a direction that an environmental impact assessment is not required for the regulated activity can be justified in accordance with Article 2(3) of the EIA Directive (exemption for exceptional cases); and
c
the regulated activity would not be likely to have significant effects on the environment of another EEA State.
3
As soon as practicable after making any such direction, the Secretary of State must send a copy of the direction to —
a
the Marine Management Organisation;
b
where the Marine Management Organisation is not also the regulator, the regulator; and
c
any relevant authority.
.
Amendments to regulation 11
8
In regulation 11 (screening opinions), in paragraph (3), for “the regulator considers that the regulated activity is one in relation to which it must be determined in accordance with regulation 7 or 8 that an environmental impact assessment is required” substitute —
the regulator considers that the regulated activity is or may be one in relation to which an environmental impact assessment is required under regulation 7 or 8
.
Amendments to regulation 23
9
In regulation 23 (notification and publication of decisions) —
a
for paragraph (2)(c), substitute —
c
if the EIA consent decision involves giving EIA consent, a description of any measures that must be taken in consequence of the EIA consent decision —
i
to avoid, reduce and, if possible, offset the principal adverse effects of the regulated activity; and
ii
to monitor the risk of the regulated activity having any such effects, the extent of any such effects, or the effectiveness of any measures for the purposes in paragraph (i).
; and
b
for paragraph (3), substitute —
3
The appropriate authority must, as soon as possible after written confirmation is sent to the applicant pursuant to paragraph (1), ensure that —
a
its EIA consent decision is publicised in such manner as it considers appropriate; and
b
in the case of an activity requiring regulatory approval under the 1985 Act, the 2009 Act or the 2010 Act —
i
its EIA consent decision and the information set out in paragraph (2) are made available on the relevant Public Register; and
ii
a notice of that decision, stating that the information referred to in paragraph (2) is available in the relevant Public Register and giving details of the times at which the relevant Public Register may be inspected, is published in the newspapers or other publications in which notice of the application was published in accordance with regulation 16(1).
.
Fees in relation to monitoring measures
10
After regulation 24 (effect of EIA consent decision on application and regulatory decision), insert —
Fees in relation to the assessment etc. of the results of monitoring measures
24A
1
A decision to grant regulatory approval which includes a monitoring condition may include a fee condition of the kind described in paragraph (3).
2
For the purposes of this regulation, a monitoring condition is a condition requiring any measure to be taken relating to monitoring of a kind referred to in regulation 23(2)(c)(ii).
3
A fee condition of the kind referred to in paragraph (1) is a condition as to the payment of a reasonable fee, determined in accordance with regulation 3(4) and (5), in respect of expenses incurred in assessing and interpreting the results of any monitoring measure.
.
Amendments to Schedule 2
11
In Schedule 2, in paragraph 6 (availability of screening opinions for inspection), for paragraph (1)(b), substitute —
b
in the case of an activity requiring regulatory approval under the 1985 Act, the 2009 Act or the 2010 Act, made available on the relevant Public Register.
.
Amendments to Schedule 4
12
In Schedule 4, in paragraph 8 (availability of scoping opinions for inspection), for sub-paragraph (1), substitute —
1
Subject to sub-paragraph (2), the appropriate authority must ensure that, as soon as possible after being sent to the applicant, its scoping opinion is —
a
publicised in such a manner as it considers appropriate; and
b
in the case of an activity requiring regulatory approval under the 1985 Act, the 2009 Act or the 2010 Act, made available on the relevant Public Register.
.
PART 3 Revocations, transitional provisions, and savings
CHAPTER 1
Interpretation of Part 3
Interpretation
13
In this Part —
a
“the 2009 Act” means the Marine and Coastal Access Act 2009;
b
“appropriate authority” has the same meaning as in regulation 2(1) of the Marine Works Regulations ;
c
“appropriate licensing authority” is to be construed in accordance with section 113 of the 2009 Act ;
d
“dredging permission” means permission which is granted under and in accordance with —
i
regulation 13 of the Marine Minerals Regulations ; or
ii
(as the case may be) regulation 13 of the Welsh Marine Minerals Regulations ;
e
“licensable marine activity” has the meaning it has in Part 4 of the 2009 Act ;
f
“the Marine Minerals Regulations” means the Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (England and Northern Ireland) Regulations 2007 ;
g
“the Welsh Marine Minerals Regulations” means the Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (Wales) Regulations 2007 ; and
h
“the Marine Works Regulations” means the Marine Works (Environmental Impact Assessment) Regulations 2007 .
CHAPTER 2
Revocations
Revocation of the Marine Minerals Regulations and the Welsh Marine Minerals Regulations
14
1
The Marine Minerals Regulations are revoked.
2
The Welsh Marine Minerals Regulations are revoked.
Revocation of the Marine Works (Environmental Impact Assessment) (Amendment) (England and Wales) Regulations 2009
15
The Marine Works (Environmental Impact Assessment) (Amendment) (England and Wales) Regulations 2009 are revoked.
CHAPTER 3
Transitional provisions in relation to the Marine Minerals Regulations
Dredging permission
16
1
Any dredging permission which —
a
is in effect immediately before 6th April 2011, and
b
relates to an operation which is a licensable marine activity for the purposes of Part 4 of the 2009 Act,
has effect as if it were a marine licence granted by the appropriate licensing authority in relation to that activity under Part 4 of the 2009 Act (a “deemed licence”).
2
In accordance with paragraph (1) —
a
a dredging permission issued for a specified period remains in force as a deemed licence for so much of that period as falls on or after 6th April 2011; and
b
any condition subject to which a dredging permission has been granted under regulation 13(6)(a) of the Marine Minerals Regulations has effect as if it were a condition of the deemed licence.
3
Any dredging permission which —
a
before 6th April 2011 was suspended under regulation 21(2)(b), (7) or (8) of the Marine Minerals Regulations, and
b
relates to an operation which is a licensable marine activity for the purposes of Part 4 of the 2009 Act,
has effect as if it were a marine licence granted by the appropriate licensing authority in relation to that activity under Part 4 of the 2009 Act (a “deemed licence”), which immediately after 5th April 2011 was suspended.
4
Where a deemed licence has effect by virtue of paragraph (3) as if it is suspended, the effect of such suspension is to be determined in accordance with paragraph (6) in place of any provision in or under the 2009 Act.
5
Paragraphs (6) to (10) apply to a dredging permission which has effect by virtue of paragraph (1) as a deemed licence.
6
In relation to a deemed licence which has effect by virtue of paragraph (3) as if it is suspended, regulation 21(9), and, so far as they relate to a suspended permission or a suspension of a permission, regulations 21(10) to (12) and 22(3) and (4) of the Marine Minerals Regulations apply as they applied to the dredging permission.
7
In relation to a dredging permission which has been varied temporarily under regulation 21(2)(c) or (7) of the Marine Minerals Regulations, regulations 21(10) to (12) and 22(3) and (5) of those Regulations (so far as they relate to temporary variations of a dredging permission or a dredging permission that has been temporarily varied) apply —
a
in relation to the deemed licence as they applied to the dredging permission; and
b
in place of any provision in or under the 2009 Act which relates to the variation of a marine licence.
8
Where a notice of a proposed revocation or permanent variation of the dredging permission has been served under regulation 21(3)(a) of the Marine Minerals Regulations, but no decision has been taken under regulation 21(11) before 6th April 2011 to revoke or permanently vary the dredging permission, regulations 21(10) to (12) and 22(1), (2) and (4) of those Regulations apply in relation to the deemed licence as they applied in relation to the dredging permission.
9
Any notice of a decision to revoke or permanently vary a deemed licence served pursuant to regulation 21(12) of the Marine Minerals Regulations has effect as a notice to revoke or vary that deemed licence in accordance with section 72(1) or (3) of the 2009 Act.
Fee payable under condition of dredging permission
17
Any fee that before 6th April 2011 was payable under regulation 25(1)(c) of the Marine Minerals Regulations by the owner or holder of the dredging permission, on certain occasions or at certain intervals, is to be treated as a fee payable under a fee condition of the deemed licence by virtue of section 24A of the Marine Works Regulations, on the same occasions or at the same intervals, in respect of expenses incurred in assessing and interpreting the results of monitoring of a kind referred to in regulation 23(2)(c)(ii) of those Regulations.
Applications made under the Marine Minerals Regulations
18
1
Any application for dredging permission under regulation 10 of the Marine Minerals Regulations which —
a
was made before 6th April 2011, and
b
relates to a dredging operation —
i
for which immediately before 6th April 2011 a permission was required under Part 4 of the Marine Minerals Regulations, and
ii
which is a licensable marine activity,
has effect as if it were an application for a marine licence made under Part 4 of the 2009 Act to the appropriate licensing authority in relation to that activity.
2
Any application which —
a
immediately before 6th April 2011 is being treated in accordance with regulation 31(1) of the Marine Minerals Regulations (transitional provisions) as an application for permission duly made under those Regulations, and
b
relates to a dredging operation which is a licensable marine activity,
has effect as if it were an application for a marine licence made under Part 4 of the 2009 Act to the appropriate licensing authority in relation to that activity.
Application which has an effect as application for a marine licence
19
1
Regulations 20 to 22 and 23(1) and (2) apply where, under regulation 18(1), an application under the Marine Minerals Regulations has effect as if it were an application for a marine licence.
2
Regulation 23(3) applies where —
a
by virtue of regulation 18(2), an application has effect as an application for a marine licence under Part 4 of the 2009 Act; and
b
the appropriate authority has agreed or determined that before that application can be determined an environmental impact assessment is required under the Marine Works Regulations.
Screening
20
1
A request for a preliminary determination under regulation 6(1)(a) of the Marine Minerals Regulations which has not been determined before 6th April 2011 must be treated as a request for a screening opinion under regulation 11 of the Marine Works Regulations.
2
If it is satisfied that any step which is required to be taken by the regulator under regulation 6(2), (5) or (6) of the Marine Minerals Regulations has been taken, the appropriate authority may treat that step as taken in accordance with any corresponding requirement of regulation 11 of or Schedule 2 to the Marine Works Regulations.
3
A determination under regulation 6 of the Marine Minerals Regulations that the dredging is not a relevant project has effect as a screening opinion under regulation 11(5) of the Marine Works Regulations that an environmental impact assessment is not required for the regulated activity.
4
A determination under regulation 6 of the Marine Minerals Regulations that the dredging is a relevant project has effect as a screening opinion under regulation 11(6) of the Marine Works Regulations that an environmental impact assessment is required for the regulated activity.
Opinion as to the content of an environmental statement
21
1
A request for an opinion under regulation 7(2) of the Marine Minerals Regulations which has not been determined before 6th April 2011 must be treated as a request for a scoping opinion under regulation 13(1) of the Marine Works Regulations.
2
If it is satisfied that any step which is required to be taken by the regulator under regulation 7(3) or (4) of the Marine Minerals Regulations has been taken, the appropriate authority may treat that step as taken in accordance with any corresponding requirement in paragraph 6 or 7 of Schedule 4 to the Marine Works Regulations.
3
A scoping opinion given under regulation 7(2) of the Marine Minerals Regulations has effect as a scoping opinion given under regulation 13(2) of and paragraph 7 of Schedule 4 to the Marine Works Regulations.
Fees charged in relation to an application for dredging permission
22
1
An applicant who has paid a fee pursuant to a determination under regulation 25(1)(a) of the Marine Minerals Regulations in respect of the regulator’s expenses of providing an opinion under regulation 7(2) of those Regulations may not be charged a fee under paragraph 3(1) of Schedule 4 to the Marine Works Regulations.
2
An applicant who has paid a fee pursuant to a determination under regulation 25(1)(a) of the Marine Minerals Regulations in respect of the regulator’s expenses of providing information relevant to the preparation of an environmental statement in accordance with regulation 8(3) and (4) of those Regulations may not be required to pay a charge under regulation 15(4) of the Marine Works Regulations.
3
An applicant who pursuant to a determination under regulation 25(1)(b) of the Marine Minerals Regulations has paid a fee in respect of a relevant application may not be charged a fee under section 67(1)(b) of the 2009 Act.
4
A person who, pursuant to a determination under regulation 25(1)(c) of the Marine Minerals Regulations, has paid a fee in respect of the expenses of the regulator in interpreting and assessing the results of any monitoring may not be charged a fee under regulation 24A(1) of the Marine Works Regulations in respect of the same expenses.
5
In paragraph (3), “a relevant application” means an application under regulation 10(1) of the Marine Minerals Regulations which by virtue of regulation 18(1) of these Regulations has effect as an application for a marine licence.
Publicity and consultation
23
1
If it is satisfied that any step has been taken by the regulator to publicise the application in accordance with regulation 12 of the Marine Minerals Regulations, the appropriate authority may treat that step as taken in accordance with any corresponding requirement of regulation 16(1) and (2) or 17(1) of the Marine Works Regulations.
2
If it is satisfied that any step has been taken by the regulator to provide information to or to consult another EEA State in accordance with regulation 15 of the Marine Minerals Regulations, the appropriate authority may treat that step as taken in accordance with any corresponding requirement of regulation 18, 19 or 20 of the Marine Works Regulations.
3
Where the appropriate authority is satisfied that any step taken by an applicant —
a
is by virtue of regulation 31(2) of the Marine Minerals Regulations to be treated by the regulator immediately before 6th April 2011 as a step taken under regulation 12 of those Regulations, or
b
is sufficient to publicise that application, related documents, and information to substantially the same extent as required by regulation 16(1) and (2) or 17(1) of the Marine Works Regulations,
the appropriate authority may treat that step as taken under regulation 16(1) and (2) or 17(1) (as the case may be) of the Marine Works Regulations.
CHAPTER 4
Transitional provisions in relation to the Welsh Marine Minerals Regulations
Dredging permission
24
1
Any dredging permission which —
a
is in effect immediately before 6th April 2011, and
b
relates to an operation which is a licensable marine activity for the purposes of Part 4 of the 2009 Act,
has effect as if it were a marine licence granted by the appropriate licensing authority in relation to that activity under Part 4 of the 2009 Act (a “deemed licence”).
2
In accordance with paragraph (1) —
a
a dredging permission issued for a specified period remains in force as a deemed licence for so much of that period as falls on or after 6th April 2011; and
b
any condition subject to which a dredging permission has been granted under regulation 13(7)(a) of the Welsh Marine Minerals Regulations has effect as if it were a condition of the deemed licence.
3
Paragraphs (4) to (6) apply to a dredging permission which has effect by virtue of paragraph (1) as a deemed licence.
4
Where a notice of a proposed revocation or permanent variation of the dredging permission has been served under regulation 21(3)(a) of the Welsh Marine Minerals Regulations, but no decision has been taken under regulation 21(11) before 6th April 2011 to revoke or permanently vary the dredging permission, regulations 21(10) to (12) of those Regulations apply in relation to the deemed licence as they applied in relation to the dredging permission.
5
Any notice of a decision to revoke or permanently vary a deemed licence served pursuant to regulation 21(12) of the Welsh Marine Minerals Regulations has effect as a notice to revoke or vary that deemed licence in accordance with section 72(1) or (3) of the 2009 Act.
6
Where a notice of a kind mentioned in paragraph (5) has been served, paragraphs (1) and (2) of regulation 22 of the Welsh Marine Minerals Regulations apply in relation to the deemed licence as they applied in relation to the dredging permission.
Fee payable under condition of dredging permission
25
Any fee that before 6th April 2011 was payable under regulation 25(1)(c) of the Welsh Marine Minerals Regulations by the owner or holder of the dredging permission, on certain occasions or at certain intervals, is to be treated as a fee payable under a fee condition of the deemed licence by virtue of section 24A of the Marine Works Regulations, on the same occasions or at the same intervals, in respect of expenses incurred in assessing and interpreting the results of monitoring of a kind referred to in regulation 23(2)(c)(ii) of those Regulations.
Applications made under the Welsh Marine Minerals Regulations
26
1
Any application for dredging permission under regulation 10 of the Welsh Marine Minerals Regulations which —
a
was made before 6th April 2011, and
b
relates to a dredging operation —
i
for which immediately before 6th April 2011 a permission was required under Part 4 of the Welsh Marine Minerals Regulations, and
ii
which is a licensable marine activity,
has effect as if it were an application for a marine licence made under Part 4 of the 2009 Act to the appropriate licensing authority in relation to that activity.
2
Any application which —
a
immediately before 6th April 2011 is being treated in accordance with regulation 31(1) of the Welsh Marine Minerals Regulations as an application for dredging permission duly made under those Regulations, and
b
relates to a dredging operation which is a licensable marine activity,
has effect as if it were an application for a marine licence made under Part 4 of the 2009 Act to the appropriate licensing authority in relation to that activity.
Application which has effect as an application for a marine licence
27
1
Regulations 28 to 30 and 31(1) and (2) apply where, under regulation 26(1), an application under the Welsh Marine Minerals Regulations has effect as if it were an application for a marine licence.
2
Regulation 31(3) applies where —
a
by virtue of regulation 26(2), an application has effect as an application for a marine licence under Part 4 of the 2009 Act; and
b
the appropriate authority has agreed or determined that before that application can be determined an environmental impact assessment is required under the Marine Works Regulations.
Screening
28
1
A request for a preliminary determination under regulation 6(1)(a) of the Welsh Marine Minerals Regulations which has not been determined before 6th April 2011 must be treated as a request for a screening opinion under regulation 11 of the Marine Works Regulations.
2
If it is satisfied that any step which is required to be taken by the Welsh Ministers under regulation 6(2), (5) or (6) of the Welsh Marine Minerals Regulations has been taken, the appropriate authority may treat that step as taken in accordance with any corresponding requirement of regulation 11 of or Schedule 2 to the Marine Works Regulations.
3
A determination under regulation 6 of the Welsh Marine Minerals Regulations that the dredging is not a relevant project has effect as a screening opinion under regulation 11(5) of the Marine Works Regulations that an environmental impact assessment is not required for the regulated activity.
4
A determination under regulation 6 of the Welsh Marine Minerals Regulations that the dredging is a relevant project has effect as a screening opinion under regulation 11(6) of the Marine Works Regulations that an environmental impact assessment is required for the regulated activity.
Opinion as to the content of an environmental statement
29
1
A request for an opinion under regulation 7(2) of the Welsh Marine Minerals Regulations which has not been determined before 6th April 2011 must be treated as a request for a scoping opinion under regulation 13(1) of the Marine Works Regulations.
2
If it is satisfied that any step which is required to be taken by the Welsh Ministers under regulation 7(3) or (4) of the Welsh Marine Minerals Regulations has been taken, the appropriate authority may treat that step as taken in accordance with any corresponding requirement in paragraph 6 or 7 of Schedule 4 to the Marine Works Regulations.
3
An opinion given under regulation 7(2) of the Welsh Marine Minerals Regulations has effect as a scoping opinion given under regulation 13(2) of and paragraph 7 of Schedule 4 to the Marine Works Regulations.
Fees charged in relation to an application under the Welsh Marine Minerals Regulations
30
1
An applicant who has paid a fee pursuant to a determination under regulation 25(1)(a) of the Welsh Marine Minerals Regulations in respect of the Welsh Ministers’ expenses of providing an opinion under regulation 7(2) of those Regulations may not be charged a fee under paragraph 3(1) of Schedule 4 to the Marine Works Regulations.
2
An applicant who has paid a fee pursuant to a determination under regulation 25(1)(a) of the Welsh Marine Minerals Regulations in respect of the Welsh Ministers’ expenses of providing information relevant to the preparation of an environmental statement in accordance with regulation 8(3) and (4) of those Regulations may not be required to pay a charge under regulation 15(4) of the Marine Works Regulations.
3
An applicant who pursuant to a determination under regulation 25(1)(b) of the Welsh Marine Minerals Regulations has paid a fee in respect of a relevant application may not be charged a fee under section 67(1)(b) of the 2009 Act.
4
A person who, pursuant to a determination under regulation 25(1)(c) of the Welsh Marine Minerals Regulations, has paid a fee in respect of the expenses of the Welsh Ministers in interpreting and assessing the results of any monitoring may not be charged a fee under regulation 24A(1) of the Marine Works Regulations in respect of the same expenses.
5
In paragraph (3), “a relevant application” means an application under regulation 10(1) of the Welsh Marine Minerals Regulations which by virtue of regulation 26(1) of these Regulations has effect as an application for a marine licence.
Publicity and consultation
31
1
If it is satisfied that any step has been taken by the Welsh Ministers to publicise the application in accordance with regulation 12 of the Welsh Marine Minerals Regulations, the appropriate authority may treat that step as taken in accordance with any corresponding requirement of regulation 16(1) and (2) or 17(1) of the Marine Works Regulations.
2
If it is satisfied that any step has been taken by the Welsh Ministers to provide information to or to consult another EEA State in accordance with regulation 15 of the Welsh Marine Minerals Regulations, the appropriate authority may treat that step as taken in accordance with any corresponding requirement of regulation 18, 19 or 20 of the Marine Works Regulations.
3
Where the appropriate authority is satisfied that any step taken by an applicant —
a
is by virtue of regulation 31(2) of the Welsh Marine Minerals Regulations to be treated by the Welsh Ministers immediately before 6th April 2011 as a step taken under regulation 12 of those Regulations, or
b
is sufficient to publicise that application, related documents, and information to substantially the same extent as required by regulation 16(1) and (2) or 17(1) of the Marine Works Regulations,
the appropriate authority may treat such a step as taken under regulation 16(1) and (2) or 17(1) (as the case may be) of the Marine Works Regulations.
CHAPTER 5
Savings
Savings in relation to the Marine Minerals Regulations
32
1
Notwithstanding the revocation of the Marine Minerals Regulations, regulation 6 (preliminary determinations of the regulator) continues to have effect in relation to any request for a preliminary determination made before 6th April 2011 under regulation 6(1)(b) of those Regulations.
2
Notwithstanding the revocation of the Marine Minerals Regulations, regulation 26 (register) and regulation 32 (amendments to regulations and savings) of those Regulations continue to have effect.
Savings in relation to the Welsh Marine Minerals Regulations
33
1
Notwithstanding the revocation of the Welsh Marine Minerals Regulations regulation 6 (preliminary determinations of the Welsh Ministers) continues to have effect in relation to any request for a preliminary determination made before 6th April 2011 under regulation 6(1)(b) of those Regulations.
2
Notwithstanding the revocation of the Welsh Marine Minerals Regulations, regulation 26 (register) and regulation 32 (amendments to regulations and savings) of those Regulations continue to have effect.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
2nd March 2011
We consent
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
9th March 2011


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Eurex Clearing AG) Regulations 2011 and come into force on 1st April 2011.
2
These Regulations have effect —
a
for the purposes of the charge to stamp duty, in relation to instruments executed on or after 1st April 2011;
b
for the purposes of the charge to stamp duty reserve tax —
i
in the case of agreements to transfer traded securities or options which are not conditional, in relation to agreements made on or after 1st April 2011;
ii
in the case of agreements to transfer traded securities or options which are conditional, in relation to agreements where the condition is satisfied on or after 1st April 2011.
Interpretation
2
In these Regulations —
“clearing participant” means a member of Eurex who as such is permitted by the Rules of Eurex to clear facility transactions and/or over the counter transactions;
“client” means a person who gives instructions to a non-clearing firm for traded securities or options to be sold in a facility transaction or an over the counter transaction;
“facility” means a recognised investment exchange within the meaning of sections 116(4)(b) and 117(3) of the Finance Act 1991;
“facility transaction” means a transaction in traded securities or options that is made on or reported to a recognised investment exchange;
“Eurex” means Eurex Clearing AG ;
“nominee” means, save in relation to a non-clearing firm or its client (regulation 4(3)(b) and (e)), a person whose business is or includes holding traded securities or options as a nominee for Eurex, or another prescribed recognised clearing house, acting in its capacity as a person providing clearing services in connection with an over the counter transaction or a facility transaction, or as a nominee for a clearing participant;
“non-clearing firm” means a person other than a clearing participant who has an agreement with a clearing participant to clear over the counter transactions or facility transactions or both;
“option” means an option to buy or sell traded securities;
“over the counter transaction” means a transaction in traded securities or options made other than on a recognised investment exchange”;
“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.
Prescription of a recognised clearing house
3
For the purposes of sections 116 and 117 of the Finance Act 1991 Eurex 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 facility transaction or an over the counter transaction (excluding transactions that come within section 80C and 89AA of the Finance Act 1986 ), conditions A, B and C are met.
3
Condition A is that traded securities or options 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 Eurex or its nominee;
d
a person other than a clearing participant to Eurex or its nominee, as a result of a failure by a clearing participant to fulfil its obligations in respect of the transaction concerned to transfer traded securities or options to Eurex, or its nominee;
e
a person other than a clearing participant to a clearing participant or its nominee as a result of a failure by a non-clearing firm or its client, or nominee of a non-clearing firm or its client or by another clearing participant or its nominee to fulfil its obligations in respect of the transaction concerned to transfer traded securities or options to that clearing participant or its nominee;
f
a prescribed recognised clearing house or its nominee to Eurex or its nominee; or
g
Eurex or its nominee to a clearing participant or its nominee.
4
Condition B is that the person to whom those securities or options are agreed to be transferred under any of the agreements specified in paragraph (3) (“the relevant agreement”) is required on receipt of those securities or options to transfer traded securities or options under a matching agreement to another person or, in the case of an agreement falling within paragraph (3)(d) or (3)(e), would have been so required if the failure referred to in those paragraphs had not occurred.
5
Condition C is that where traded securities or options which are the subject of the relevant agreement are received by a clearing participant, the agreement must be identified by the clearing participant as an agreement that has been made solely in relation to the clearing of those traded securities or options on behalf of a third party.
6
In this regulation “matching agreement” means an agreement under which —
i
the traded securities or options agreed to be transferred are of the same kind as the traded securities or options agreed to be transferred under the relevant agreement; and
ii
the number and transfer price of the traded securities or options agreed to be transferred are in total identical to the number and transfer price of the traded securities or options agreed to be transferred under the relevant agreement.
Michael Fabricant
Brooks Newmark
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 2011