text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Individual Savings Account (Amendment No. 2) Regulations 2010.
2
Regulation 3 of these Regulations shall come into force on 6th April 2011 and all other regulations thereof shall come into force on 4th January 2011.
3
Regulations 4 and 5 shall have effect in relation to instructions given on or after 4th January 2011 for a cash account or part of a cash account held by an account investor with an account manager to be transferred, subject to and in accordance with regulation 21 of the Individual Savings Account Regulations 1998 (“ ISA Regulations 1998”), to a cash account belonging to the account investor which is held with another account manager.
4
For the purposes of this regulation —
a
the terms “account investor” and “account manager” have the same meanings as they do in regulation 2(1)(a) of the ISA Regulations 1998; and
b
the term “cash account” has the same meaning as it does in regulation 4(1) of the ISA Regulations 1998.
Amendment to the ISA Regulations 1998
2
The ISA Regulations 1998 are amended as follows.
3
In regulation 4 (General conditions for accounts and subscriptions to accounts) —
1
at the end of paragraph (6)(f) insert “and, where it applies, regulation 21A”; and
2
for paragraph (7) substitute —
7
The time stipulated in the transfer instructions or withdrawal instructions shall be subject to any reasonable business period of the account manager required for the practical implementation of the instructions, but such period —
a
must not exceed 30 days; and
b
must be consistent with regulation 21A where it applies.
.
4
In regulation 21(5) (Transfers relating to accounts) for “The” substitute “Except where the transferor has provided information to the transferee in accordance with regulation 21A(2)(b)(ii), the”.
5
After regulation 21 (Transfers relating to accounts) insert —
Further requirements relating to transfers between cash accounts
21A
1
This regulation applies where an account investor, through the agency of an account manager (“the transferee”), gives instructions (“transfer instructions”) to an account manager with whom the account investor holds a cash account (“the transferor”) for that account or part of that account to be transferred, subject to and in accordance with regulation 21, to a cash account belonging to the account investor which is held with the transferee.
2
Where this regulation applies —
a
the transferee shall, within 5 business days beginning on the instruction day, send to the transferor —
i
the transfer instructions; and
ii
a notice specifying that the transferee consents to the transfer (“the consent notice”);
b
the transferor shall, within 5 business days beginning on the day that the transferor receives the transfer instructions and the consent notice, —
i
transfer to the transferee the subscriptions specified in the transfer instructions; and
ii
send to the transferee a notice containing the information specified in paragraph (3); and
c
the transferee shall ensure that the subscriptions specified in the transfer instructions are transferred to a cash account belonging to the account investor which is held with the transferee within 3 business days beginning on the day that the transferee receives the subscriptions and the notice referred to in sub-paragraph (b)(ii).
3
The information specified in this paragraph is —
a
as regards the account investor —
i
the full name of the account investor,
ii
the address of the account investor’s permanent residence, including postcode,
iii
the date of birth of the account investor, and
iv
the national insurance number of the account investor (if any), and
b
as regards the cash account or any part of the cash account —
i
the date of the transfer,
ii
the total amount of cash subscribed to the account during the period from the beginning of the year in which the transfer takes place to the date of the transfer,
iii
the date on which the first subscription (if any) was made to the account, in the year in which the transfer takes place, and
iv
the reference number or other means used by the transferor to identify the account belonging to the account investor in respect of which the transfer is made.
4
For the purposes of paragraph (2)(a) and (b), the transfer instructions and the notices (as appropriate) shall be treated as sent if they are —
a
posted to, or left at, the proper address of the transferor or the transferee (as appropriate); or
b
transmitted by electronic communication.
5
For the purposes of paragraph (2)(b), where the transferor receives the transfer instructions and consent notice on different days, they must both be treated as received on the latest of those days.
6
For the purposes of paragraph (2)(c), where the transferee receives subscriptions specified in the transfer instructions and the notice described in paragraph (2)(b) on different days, they must all be treated as received on the latest of those days.
7
In this regulation —
“business day” means any day except —
a Saturday, Sunday, Good Friday or Christmas Day ,
a bank holiday under the Banking and Financial Dealings Act 1971 ;
“electronic communication” includes any communication conveyed by means of an electronic communications network;
“instruction day” means —
the day stipulated by the account investor for the transferee to begin the transfer process, or
if no day is stipulated, the day that the transfer instructions are received by the transferee;
“subscriptions” means the current year’s subscriptions and the previous years’ subscriptions as described in regulation 21(1).
8
For the purposes of this regulation —
a
a document is “posted” if it is sent pre-paid by a postal service which seeks to deliver documents by post within the United Kingdom no later than the next business day in all or the majority of cases, and to deliver by post outside the United Kingdom within such a period as is reasonable in all the circumstances; and
b
the “proper address” to which a document is to be sent is any current address provided by the transferor or transferee as an address for service of such documents, but if no current address is provided then it shall be the address of its registered or principal office in the United Kingdom.
.
Angela Watkinson
Brooks Newmark
Two of the Lords Commissioners of Her Majesty’s Treasury
13th December 2010


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
These Regulations may be cited as the Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010.
2
Subject to paragraph (3), regulations 3(2), 4, 5 and 7(2), and regulation 7(1) insofar as it relates to any of those provisions, come into force on 1st April 2011.
3
Where a harbour authority has made an application under regulation 5(1)(b) within two months starting on 1st October 2010, the provisions mentioned in paragraph (2) do not come into force in respect of the harbour authority waters regulated or managed by that harbour authority until —
a
1st April 2011, or
b
the making of the licence decision,
whichever is the later.
4
The other provisions of these Regulations come into force on 1st October 2010.
Interpretation
2
In these Regulations —
“application” means, except as provided otherwise by regulation 6(4) and in regulation 7(3), an application for an oil transfer licence submitted by a harbour authority to the Secretary of State under regulation 5(1);
“bunkering operation” means the transfer between ships of a substance consisting wholly or mainly of oil for consumption by the engines of the ship receiving the substance;
“cargo transfer” means the transfer between two ships of a substance consisting wholly or mainly of oil which is transported by either or both of the ships for reward, but does not include —
a bunkering operation, or
a transfer of —
cargo residues, or
ship-generated waste,
as defined by regulation 2 of the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003 ;
“consolidation operation” means a cargo transfer carried out —
in harbour authority waters,
between two ships which normally carry out bunkering operations in the harbour authority waters in which the operation takes place,
with the prior consent of the harbour authority which regulates or manages the waters in which the operation takes place, and
for the purpose of rationalising cargo capacity;
“the consultation bodies” means —
such of —
Natural England,
the Countryside Council for Wales,
Scottish Natural Heritage, and
the Council for Nature Conservation and the Countryside,
as the Secretary of State considers likely to have an interest in an application by reason of their responsibilities, and
any authority or other body the Secretary of State considers likely to have an interest in an application (whether by virtue of having specific environmental responsibilities under any enactment or otherwise);
“European site” means a “European site” as defined in regulation 8 of the Conservation of Habitats and Species Regulations 2010 and a “European offshore marine site” as defined in regulation 15 of the Offshore Marine Conservation (Natural Habitats &c) Regulations 2007 ;
“general lighthouse authority” has the meaning given to it in section 193 of the Merchant Shipping Act 1995 ;
“the Habitats Directive” means Council Directive 92/43/ EEC of 21st May 1992 on the conservation of natural habitats and of wild fauna and flora ;
“harbour authority” has the meaning given to it in section 57(1) of the Harbours Act 1964 ;
“harbour authority waters” means waters regulated or managed by a harbour authority, excluding any areas outside a harbour over which a harbour authority exercises control in accordance with the Pilotage Act 1987 by virtue of an order of the Secretary of State made under section 1(3)(a) of that Act;
“licence decision” means the decision of the Secretary of State whether to grant an oil transfer licence or an amended oil transfer licence and, if so, as to the terms on which to do so;
“lightening operation” means a cargo transfer carried out —
in harbour authority waters,
at the direction of a harbour authority which regulates or manages the waters in which the operation takes place, and
in order to reduce the draught of a ship, enabling it to move to shallower waters regulated or managed by that harbour authority;
“Natura 2000” has the meaning given to it by regulation 2(1) of the Conservation (Natural Habitats, &c) Regulations 1994 ;
“offshore installation” means–
an offshore installation within the meaning of section 44 of the Petroleum Act 1998 , which is not a ship, or
a renewable energy installation within the meaning of section 104 of the Energy Act 2004 ;
“oil” has the meaning given to it by section 151 of the Merchant Shipping Act 1995; and
“oil transfer licence” means a licence granted to a harbour authority by the Secretary of State, enabling the harbour authority to authorise cargo transfers —
of a substance or substances specified in the licence,
in a specified location or locations, and
subject to any conditions specified in the licence.
Prohibited transfers
3
1
Subject to paragraph (3) and regulation 6, a cargo transfer or bunkering operation must not be carried out in United Kingdom waters unless the ships carrying out the cargo transfer or bunkering operation are within harbour authority waters.
2
Subject to paragraph (3) and (4) and regulation 8 , a cargo transfer must not be carried out in harbour authority waters, except in accordance with an authorisation of the harbour authority which regulates or manages the waters in which the cargo transfer is carried out.
3
Paragraphs (1) and (2) do not apply to a cargo transfer or bunkering operation —
a
between a ship and an offshore installation;
b
to or from a warship, naval auxiliary ship or other ship owned or operated by a State and used solely, for the time being, on government non-commercial service; or
c
carried out by or on behalf of a general lighthouse authority.
4
Paragraph (2) does not apply to a cargo transfer which is —
a
a lightening operation; or
b
a consolidation operation.
Authorisation of cargo transfers
4
1
A harbour authority may only authorise a cargo transfer which is within the scope permitted by an oil transfer licence.
2
The authorisation of a cargo transfer by a harbour authority is valid only if given —
a
on receipt of a written application for authorisation,
b
in advance of the cargo transfer, and
c
in writing.
Oil transfer licences
5
1
Before a harbour authority may obtain an oil transfer licence the harbour authority must —
a
determine, in accordance with the procedure in Schedule 1, whether the cargo transfers to be authorised pursuant to the licence would be likely to have a significant effect on any European site; and
b
apply for the licence to the Secretary of State in accordance with the procedure in Schedule 2.
2
In harbour authority waters where —
a
an oil transfer licence has effect, and
b
the harbour authority which regulates or manages those harbour authority waters becomes aware of circumstances which render the information provided in the application inaccurate to what is or may be a material extent,
the harbour authority must apply to the Secretary of State for an amended oil transfer licence.
3
The harbour authority must make the application under paragraph (2) within 3 months of becoming aware of the circumstances referred to in that paragraph.
4
A harbour authority applying for an amended oil transfer licence must use the procedure in Schedules 1 and 2, and for this purpose —
a
references in Schedules 1 and 2 to the oil transfer licence are to be taken as references to the amended oil transfer licence;
b
references in Schedules 1 and 2 to the application are to be taken as references to the application for the amended oil transfer licence; and
c
references in Schedules 1 and 2 to the licence decision are to be taken as references to the decision whether to issue an amended oil transfer licence.
5
Where a harbour authority applies for an amended oil transfer licence under paragraph (2) the Secretary of State may —
a
issue an amended oil transfer licence in such terms as the Secretary of State considers appropriate;
b
decline to issue an amended oil transfer licence, leaving the existing oil transfer licence to continue in effect; or
c
decline to issue an amended oil transfer licence and revoke the existing oil transfer licence.
Exemptions
6
1
Subject to paragraph (3), the Secretary of State may exempt a cargo transfer or bunkering operation from the provisions of regulation 3(1).
2
The Secretary of State may make any such exemption subject to such conditions as the Secretary of State considers appropriate.
3
Where the Secretary of State considers that a cargo transfer or bunkering operation is likely to have a significant effect on a European site, the Secretary of State must, before granting an exemption under paragraph (1), require the person applying for the exemption to provide sufficient information to enable the Secretary of State to carry out an appropriate assessment of the implications of the cargo transfer or bunkering operation for the European site, in view of the conservation objectives of the site.
4
The procedure for the assessment referred to in paragraph (3) is the procedure for assessment of an application for an oil transfer licence in Schedules 1 and 2, and for this purpose —
a
references in Schedules 1 and 2 to the harbour authority are to be taken as references to the person who applied for the exemption;
b
references in Schedules 1 and 2 to the application are to be taken as references to the application for the exemption;
c
references in Schedules 1 and 2 to the oil transfer licence are to be taken as references to the proposed exempt cargo transfer or bunkering operation; and
d
references in Schedules 1 and 2 to the licence decision are to be taken as references to the decision whether to grant the exemption.
Offences
7
1
If a cargo transfer or bunkering operation is carried out in contravention of these Regulations, the owner, the manager and the master of each ship carrying out the cargo transfer or bunkering operation is guilty of an offence.
2
A harbour authority which —
a
authorises a cargo transfer without an oil transfer licence;
b
fails to take all reasonable steps to prevent a cargo transfer which is neither —
i
authorised under an oil transfer licence, nor
ii
exempted under regulation 3(3) or (4); or
c
knowingly or recklessly provides false information in an application,
is guilty of an offence.
3
A person who knowingly or recklessly provides false information to the Secretary of State in relation to an application for an exemption under regulation 6 is guilty of an offence.
4
A person guilty of an offence under this regulation is liable on summary conviction to a fine not exceeding £25,000 and on conviction on indictment to a fine.
5
Where a person is charged with an offence under paragraph (1), (2)(a) or (2)(b), it is a defence for the person charged to prove that the cargo transfer or bunkering operation was for one or more of the following purposes —
a
securing the safety of any ship;
b
preventing damage to any ship or cargo;
c
saving life;
d
preventing pollution,
unless the court is satisfied that the cargo transfer or bunkering operation was not necessary for any of those purposes and was not a reasonable step to take in the circumstances.
Transitional provision
8
Where at least six cargo transfers have been carried out within the same harbour authority waters during the twelve months prior to 1st October 2010, regulation 3(2) does not apply in respect of cargo transfers in those harbour authority waters until either —
a
a licence decision has been made in respect of that harbour authority’s application; or
b
the expiry of two years starting on 1st October 2010,
whichever is sooner.
Signed by authority of the Secretary of State for Transport
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
8th April 2010