text:
Citation and commencement
1
These Regulations may be cited as the Pension Protection Fund and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 2010 and shall come into force on 8th March 2010.
Amendment of the Pension Protection Fund (Partially Guaranteed Schemes) (Modification) Regulations 2005
2
1
The Pension Protection Fund (Partially Guaranteed Schemes) (Modification) Regulations 2005 are amended in accordance with this regulation.
2
In regulation 1(2) (interpretation) —
a
at the end of the definition of “partially guaranteed scheme” omit “and”, and
b
after the definition of “partially guaranteed scheme” insert —
“secured part” means any part of a partially guaranteed scheme which is not an unsecured part;
“the Treaty” means the Treaty on the Functioning of the European Union ; and
.
3
In regulation 2 (modification of Part 2 of the Act ) —
a
regulation 2 becomes paragraph (1) of that regulation,
b
in paragraph (1), after “modifications prescribed in” substitute “regulations 3 to 11.” for “these Regulations.”, and
c
after paragraph (1) insert —
2
Paragraph (1) shall not apply where it would give rise to State aid that is incompatible with the internal market within the meaning of Article 107 of the Treaty.
3
Regulations 2A (schemes to which paragraph (1) of regulation 2 does not apply) and 11 (general interpretation) shall apply where paragraph (1) does not apply to a partially guaranteed scheme by virtue of paragraph (2).
.
4
After regulation 2 insert —
Schemes to which paragraph (1) of regulation 2 does not apply
2A
1
This regulation applies to a partially guaranteed scheme to which paragraph (1) of regulation 2 does not apply by virtue of paragraph (2) of that regulation.
2
Part 2 of the Act shall apply to a scheme referred to in paragraph (1) as if the unsecured part and the secured part of the scheme were separate schemes.
3
Each part of the scheme referred to in paragraph (1) is an eligible scheme within the meaning of section 126(1) of the Act (eligible schemes) for the purposes of Part 2 of the Act
.
5
In regulation 3 (application and effect), after paragraph (4) insert —
5
Section 175(2)(a)(i) of the Act (pension protection levies) applies as if, for “a scheme’s assets” there were substituted “the assets of the unsecured part of a scheme”.
.
Amendment of the Pension Protection Fund (Entry Rules) Regulations 2005
3
1
The Pension Protection Fund (Entry Rules) Regulations 2005 are amended in accordance with this regulation.
2
In regulation 2 (schemes which are not eligible schemes) —
a
after paragraph (1) insert —
1A
Paragraph (1)(d) shall not apply where it would give rise to State aid that is incompatible with the internal market within the meaning of Article 107 of the Treaty.
, and
b
for paragraph (8) substitute —
8
In this regulation —
“ PPF Ombudsman” has the meaning given in section 209 of the Act (the Ombudsman for the Board of the Pension Protection Fund); and
“the Treaty” means the Treaty on the Functioning of the European Union.
.
3
In regulation 21 (refusal to assume responsibility – schemes which become eligible schemes) after paragraph (2), insert —
3
This regulation shall not apply where either —
a
regulation 2(1A) (schemes which are not eligible schemes) of these Regulations; or
b
regulation 2A of the Pension Protection Fund (Partially Guaranteed Schemes) (Modification) Regulations 2005 (schemes to which paragraph (1) of regulation 2 does not apply),
applies to a scheme.
.
Amendment of the Pension Protection Fund (Reviewable Matters) Regulations 2005
4
In regulation 3 of the Pension Protection Fund (Reviewable Matters) Regulations 2005 (modification of Schedule 9 to the Act) —
a
regulation 3 becomes paragraph (1) of that regulation, and
b
after paragraph (1) insert —
2
Paragraph (1) shall not apply where regulation 2A of the Pension Protection Fund (Partially Guaranteed Schemes) (Modification) Regulations 2005 (schemes to which paragraph (1) of regulation 2 does not apply) applies to a scheme.
.
Amendment of the Pension Protection Fund (Provision of Information) Regulations 2005
5
In Schedule 2 to the Pension Protection Fund (Provision of Information) Regulations 2005 (information to be provided by trustees or managers), after paragraph (1) insert —
1A
A partially guaranteed scheme to which regulation 2A of the Pension Protection Fund (Partially Guaranteed Schemes) (Modification) Regulations 2005 (schemes to which paragraph (1) of regulation 2 does not apply) applies shall not be treated as a partially guaranteed scheme for the purposes of this Schedule.
.
Amendment of the Occupational Pension Schemes (Fraud Compensation Payments and Miscellaneous Amendments) Regulations 2005
6
1
The Occupational Pension Schemes (Fraud Compensation Payments and Miscellaneous Amendments) Regulations 2005 are amended in accordance with this regulation.
2
In regulation 5 (applications for fraud compensation payments) —
a
at the beginning of paragraph (5)(b) insert “except where paragraph (6) applies,”, and
b
after paragraph (5) insert —
6
This paragraph applies to a scheme to which regulation 2A of the Pension Protection Fund (Partially Guaranteed Schemes) (Modification) Regulations 2005 (schemes to which paragraph (1) of regulation 2 does not apply) applies.
.
3
In regulation 7 (amount of fraud compensation) —
a
at the beginning of paragraph (5)(b) insert “except where paragraph (6) applies,”, and
b
after paragraph (5) insert —
6
This paragraph applies to a scheme to which regulation 2A of the Pension Protection Fund (Partially Guaranteed Schemes) (Modification) Regulations 2005 (schemes to which paragraph (1) of regulation 2 does not apply) applies.
.
4
In regulation 11 (partially guaranteed schemes), at the beginning of paragraph (1) insert
Except where a partially guaranteed scheme is a scheme to which regulation 2A of the Pension Protection Fund (Partially Guaranteed Schemes) (Modification) Regulations 2005 (schemes to which paragraph (1) of regulation 2 does not apply) applies,
.
Amendment of the Occupational Pension Schemes (Fraud Compensation Levy) Regulations 2006
7
In regulation 9 of the Occupational Pension Schemes (Fraud Compensation Levy) Regulations 2006 (partially guaranteed schemes) —
a
at the beginning of paragraph (1) insert “Except where paragraph (3) applies,”, and
b
after paragraph (2) insert —
3
This paragraph applies where regulation 2A of the Pension Protection Fund (Partially Guaranteed Schemes) (Modification) Regulations 2005 (schemes to which paragraph (1) of regulation 2 does not apply) applies to a scheme.
.
Amendment of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006
8
In regulation 20 of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006 (schemes that are eligible schemes for part of a financial year) —
a
the provisions of regulation 20 become paragraph (1) of that regulation, and
b
after paragraph (1) insert —
2
Where a scheme —
a
is not an eligible scheme on the first day of a financial year; and
b
becomes an eligible scheme during that financial year by virtue of —
i
regulation 2(1A) of the Pension Protection Fund (Entry Rules) Regulations 2005 (schemes which are not eligible schemes), or
ii
regulation 2A of the Pension Protection Fund (Partially Guaranteed Schemes) (Modification) Regulations 2005 (schemes to which paragraph (1) of regulation 2 does not apply),
section 181(5) of the Act does not apply to the scheme and the full amount of the levy is payable.
.
Signed by authority of the Secretary of State for Work and Pensions
William D.McKenzie
Parliamentary Under-Secretary of State
Department for Work and Pensions
2nd February 2010


type: legislation

jurisdiction: UK

text:
Title and commencement
1
These Regulations may be cited as the Plant Health (Fees) (Forestry) (Amendment) Regulations 2010 and come into force on 1st September 2010.
Amendments
2
1
The Plant Health (Fees) (Forestry) Regulations 2006 are amended as follows.
2
For Schedule 3 substitute —
SCHEDULE 3
Fees for plant health checks
Regulation 3(4)
Item Check Unit Fee
1
Isolated bark and wood in the form of shavings, chips or sawdust Per consignment
up to 25000kg
£26
for each additional 1000kg or part thereof
£0.49
Up to a maximum fee of £98 per consignment
2 Wood (other than wood in the form of shavings, chips or sawdust) Per consignment
up to 100m 3
£26
for each additional m 3 or part thereof
£0.20 3 Conducting checks on item 1 or 2 at an approved place of inspection Per visit £30, in addition to any fee under item 1 or 2
3
For Schedule 4 substitute —
SCHEDULE 4
Fees for documentary checks and identity checks
Regulation 3(4)
Item Check Unit Fee
1 Documentary check Per consignment £6
2 Identity check Per consignment
for each load of up to 30m 3 forming part of the consignment contained in one truck, railway wagon, or comparable container
£6
for each bulk load of less than 100m 3
£6
for each bulk load of 100m 3 or more
£12
The Official Seal of the Forestry Commissioners
Wilma Harper
Secretary to the Forestry Commissioners
2nd August 2010


text:
PART 1 Preliminary
Citation and commencement
1
1
These Regulations may be cited as the Rail Passengers’ Rights and Obligations Regulations 2010.
2
These Regulations come into force on 25th June 2010.
Extent
2
These Regulations do not extend to Northern Ireland.
Interpretation
3
1
In these Regulations —
“the European Regulation ” means Regulation (EC) No. 1371/2007 of the European Parliament and of the Council of 23rd October 2007 on rail passengers’ rights and obligations ;
“the 1993 Act ” means the Railways Act 1993 ;
“the ORR ” means the Office of Rail Regulation.
2
An expression used in these Regulations and in the European Regulation has the same meaning as in the European Regulation.
PART 2 Relationship between the European Regulation and other passenger rights
CHAPTER 1
Relationship with the rights under the COTIF Convention
Relationship with the COTIF Convention and COTIF Regulations
4
1
To the extent that there is a conflict between —
a
the COTIF Regulations, including the Convention to which they give the force of law, and
b
these Regulations,
the latter shall prevail.
2
In the COTIF Regulations, after regulation 2 (interpretation), insert —
Relationship with the Rail Passengers’ Rights and Obligations Regulations 2010
2A
To the extent that there is a conflict between —
a
these Regulations, including the Convention to which they give the force of law, and
b
the Rail Passengers’ Rights and Obligations Regulations 2010,
the latter shall prevail.
3
In this regulation —
“the Convention” has the same meaning as in the COTIF Regulations, and
“the COTIF Regulations” means the Railways (Convention on International Carriage by Rail) Regulations 2005 .
CHAPTER 2
Civil remedies
Contribution between parties responsible for damage
5
1
Sections 1 and 2 of the Civil Liability (Contribution) Act 1978 (entitlement to and assessment of contribution) do not apply where liability for contribution between persons liable in respect of the same damage is governed by the European Regulation.
2
In paragraph (1) , “contribution between persons liable in respect of the same damage” has the same meaning as in section 1(1) of the Civil Liability (Contribution) Act 1978 (entitlement to contribution).
3
Section 3 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 (contribution among joint wrongdoers) does not apply where liability inter se for contribution between persons liable in damages or expenses is governed by the European Regulation.
4
In paragraph (3) , “liability inter se for contribution between persons liable in damages or expenses” has the same meaning as in section 3 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940.
Claims relating to advance payments
6
1
No person may bring proceedings against a railway undertaking in respect of an infringement of the right conferred by Article 13(1) of the European Regulation unless —
a
the person has requested the railway undertaking in writing to make an advance payment under that provision, and
b
at least fifteen days have elapsed since that written request was received by the undertaking.
2
In proceedings in respect of the breach of a right to an advance payment under Article 13 of the European Regulation, to the extent that this would not conflict with that Article, the court has jurisdiction to reduce an award to take into account the extent to which the undertaking acted reasonably.
3
In such proceedings, the court has jurisdiction to reduce the award, or decline to make such an award, to take into account —
a
any interim payment made in respect of the accident under —
i
in England and Wales, Part 25 of the Civil Procedure Rules 1998 , or
ii
in Scotland —
aa
rule 43.11 of the Rules of the Court of Session 1994 , or
bb
rule 36.9 of the Ordinary Cause Rules 1993 ; or
b
any payment made in any court proceedings in respect of the accident.
4
In any other proceedings, including proceedings for an interim payment under the enactments referred to in paragraph (3)(a) , the court has jurisdiction to award a lesser amount than it would otherwise have awarded to take into account the fact that an award has been made under Article 13(1) of the European Regulation.
Fatal accidents: England and Wales
7
1
Where, by virtue of the European Regulation, any person has a right of action in respect of the death of a passenger by reason of that person being a person whom the passenger was under a legal duty to maintain —
a
subject to paragraph (2), no action in respect of the passenger’s death may be brought for the benefit of that person under section 1 of the Fatal Accidents Act 1976 (right of action for wrongful act causing death) (“the 1976 Act ”), but
b
nothing in section 2(3) of that Act (not more than one action in respect of the same subject matter of complaint) prevents an action from being brought under the 1976 Act for the benefit of any other person.
2
Nothing in paragraph (1)(a) affects the right of any person to claim damages for bereavement in reliance on section 1A of the 1976 Act.
3
Section 4 of the 1976 Act (assessment of damages: disregard of benefits) applies in relation to an action brought under the European Regulation as it applies in relation to an action brought under that Act.
4
Where separate proceedings are brought under the European Regulation and under the 1976 Act in respect of the death of a passenger, a court, in awarding damages under that Act —
a
shall take into account any damages awarded in the proceedings brought under the European Regulation, and
b
has jurisdiction to make any part of its award conditional on the result of those proceedings.
Fatal accidents: Scotland
8
1
This regulation extends to Scotland only.
2
Subject to paragraph (3) , no enactment or rule of law shall have effect so as to permit a person who has a right of action under the European Regulation in respect of the death of a passenger by virtue of him or her being a person whom the passenger was under a legal duty to maintain to raise any other action in that respect for any loss of support suffered by him or her.
3
Paragraph (2) shall not apply in so far as the other action concludes for an award under section 1(4) of the Damages (Scotland) Act 1976 .
4
Section 1(5) of that Act (exclusion of certain items in assessment of damages) shall apply to an action brought under the European Regulation as it applies to an action brought under that Act, but section 6 of that Act shall not apply to such an action under the European Regulation.
5
Where separate proceedings in respect of the death of a passenger are brought under the European Regulation and under any other enactment or rule of law the court, in awarding damages in such other proceedings, shall take into account any damages awarded in the proceedings brought under the European Regulation and may make any part of its award conditional on the result of those proceedings.
Periodical payments
9
In section 2 of the Damages Act 1996 (periodical payments), before subsection (1), add —
A1
In cases where Regulation (EC) No. 1371/2007 of the European Parliament and of the Council of 23rd October 2007 on rail passengers’ rights and obligations applies, this section needs to be read in the light of Article 30 of the Uniform Rules concerning the contract for the international carriage of passengers and luggage by rail (damages to be awarded as annuity on request), as set out in Annex I to that Regulation.
CHAPTER 3
Rights of disabled persons and persons with reduced mobility
Amendment of section 19 of the Disability Discrimination Act 1995
10
In section 19 of the Disability Discrimination Act 1995 (discrimination in relation to goods, facilities and services), after subsection (4A), insert —
4B
Subsection (1) does not apply to anything that is governed by Regulation (EC) No. 1371/2007 of the European Parliament and of the Council of 23rd October 2007 on rail passengers’ rights and obligations.
Compensation claims by disabled persons and persons with reduced mobility
11
1
A claim by a disabled person or a person with reduced mobility for an infringement of any of his or her rights as such a person under the European Regulation may be made the subject of civil proceedings in the same way as any other claim in tort or (in Scotland) in reparation for breach of statutory duty.
2
For the avoidance of doubt, any damages awarded in respect of any infringement of the rights of disabled persons and persons with reduced mobility under the European Regulation may include compensation for injury to feelings whether or not they include compensation under any other head.
3
Proceedings in England and Wales may be brought only in a county court.
4
Proceedings in Scotland may be brought only in a sheriff court.
5
The remedies available in such proceedings are those which are available in the High Court or (as the case may be) the Court of Session.
6
Subject to paragraphs (7) and (8) , a county court or a sheriff court is not to consider a claim under this regulation unless proceedings in respect of it are instituted before the end of the period of six months beginning when the infringement complained of occurred.
7
Where, in relation to proceedings or prospective proceedings under this regulation, the dispute concerned is referred to conciliation in pursuance of arrangements under section 27 of the Equality Act 2006 before the end of the period of six months mentioned in paragraph (6) , the period allowed by that paragraph is to be extended by three months.
8
A court may consider any claim under this regulation that is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.
Amendment of section 27 of the Equality Act 2006
12
In section 27 of the Equality Act 2006 (conciliation), after subsection (1A), insert —
1B
The Commission may make arrangements for the provision of conciliation services for disputes in respect of which proceedings have been or could be brought in England and Wales or Scotland under regulation 11 of the Rail Passengers’ Rights and Obligations Regulations 2010 (compensation claims by disabled persons and persons with reduced mobility).
PART 3 Regulation of the railway
Enforcement body: the Office of Rail Regulation
13
1
Subject to paragraph (4), the ORR is designated as the enforcement body for the purposes of Article 30(1) of the European Regulation.
2
Accordingly, it is the duty of the ORR to use its powers under these Regulations and any other enactment to take the measures necessary to ensure that the European Regulation is complied with.
3
Section 4(1) to (6) of the 1993 Act (general duties of the Secretary of State and the Office of Rail Regulation) do not apply in relation to the performance by the ORR of its functions under Part 1 of the 1993 Act or the Railways Act 2005 in so far as its exercise of those functions is for the purposes of ensuring that the European Regulation is complied with.
4
The ORR is not the enforcement body in relation to Article 26 of the European Regulation (personal security of passengers).
Duties of the ORR in respect of station licences
14
1
The ORR must include, or require the Secretary of State to include, in a station licence issued under section 8 of the 1993 Act on or after the date on which these Regulations come into force conditions that ensure that the licence holder complies with the provisions of the European Regulation specified in the Schedule that apply to station managers.
2
Where a station licence has been issued before the date on which these Regulations come into force, the ORR may, where in its opinion it is necessary or expedient to do so —
a
modify or require to be modified any existing licensing condition, or
b
impose or require to be imposed a licence condition,
in each case to ensure that the licence holder complies with the provisions of the European Regulation specified in the Schedule that apply to station managers.
3
This regulation applies only in relation to the operation of stations used or to be used for the purposes of rail journeys to which the European Regulation applies.
4
In this regulation, “station” and “station licence” have the meaning given by section 83 of the 1993 Act.
Duties of the ORR in respect of European licence conditions
15
1
The ORR must include in any statement of national regulatory provisions issued under the Railway (Licensing of Railway Undertakings) Regulations 2005 , on or after the date on which these Regulations come into force, conditions that ensure that the licence holder complies with the provisions of the European Regulation specified in the Schedule that apply to railway undertakings.
2
Where such a statement has been issued before the date on which these Regulations come into force, the ORR may, where in its opinion it is necessary or expedient to do so —
a
modify any existing condition in the statement, or
b
impose in the statement a condition,
in each case to ensure that the licence holder complies with the provisions of the European Regulation specified in the Schedule that apply to railway undertakings.
Personal security of passengers
16
Where in the opinion of the Secretary of State it is necessary or expedient to do so, the Secretary of State shall use the powers under section 119 of the 1993 Act to ensure that Article 26 of the European Regulation (personal security of passengers) is enforced.
Channel Tunnel Rail Link station operators and independent ticket vendors
17
1
Subject to regulation 13(3) ¸ sections 55 to 58 of the 1993 Act apply to a breach of the requirements to which paragraphs (2) and (3) apply as those sections apply to a breach by a licence holder of the conditions of its licence.
2
This paragraph applies to a breach by the operator of a rail link station of the requirements imposed on station managers by the provisions of the European Regulation listed in the Schedule.
3
This paragraph applies to a breach by a ticket vendor who is not a railway undertaking of the requirements imposed on ticket vendors by the provisions of the European Regulation listed in the Schedule.
4
In this regulation —
“operator”, “licence” and “licence holder” have the same meaning as in Part I of the 1993 Act ;
“rail link station” has the same meaning as in section 16 of the Channel Tunnel Rail Link Act 1996 .
Bodies handling complaints
18
1
The Passengers’ Council is designated as a body to which complaints may be made under Article 30(2) of the European Regulation, in relation to matters that fall within its functions under any enactment (other than this regulation), disregarding any order made under section 76(7B) or (7C) of the 1993 Act (power to exclude specified services from general duties of the Passengers’ Council).
2
In matters for which the Passengers’ Council is a body to which complaints may be made under Article 30(2) of the European Regulation, section 76 of the 1993 Act (general duties of the Passengers’ Council) has effect as if —
a
in subsection (5) —
i
the references to the Secretary of State included a reference to the ORR, and
ii
in relation to a matter being referred to the ORR under that subsection as modified by paragraph (i) , the words “unless representations about the matter have been made to the Secretary of State by the Passengers’ Council” were omitted,
b
subsection (5A) were omitted, and
c
in subsection (7), the reference to the Secretary of State included a reference to the ORR.
3
The London Transport Users’ Committee is designated as a body to which complaints may be made under Article 30(2) of the European Regulation, in relation to matters that fall within its functions under any enactment (other than this regulation), disregarding any order made under section 252E of the Greater London Authority Act 1999 (power to make exclusions from duties of Committee).
4
In matters for which the London Transport Users’ Committee is a body to which complaints may be made under Article 30(2) of the European Regulation, section 252C of the Greater London Authority Act 1999 (action on investigation under section 252B) has effect as if —
a
in subsection (3) —
i
the references to the Secretary of State included a reference to the ORR, and
ii
in relation to a matter being referred to the ORR under that subsection as modified by paragraph (i) , the words “subject to subsection (4)” were omitted,
b
subsection (4) did not apply in relation to the reference of a matter to the ORR under that subsection as modified by sub-paragraph (a)(i) ,
c
subsection (5) were omitted, and
d
in subsection (6), the reference to the Secretary of State included a reference to the ORR.
Restrictions on disclosure of information
19
Section 145 of the 1993 Act (restriction on disclosure of information) shall have effect in relation to information —
a
which has been obtained by the ORR, the Passengers’ Council or the London Travel Users’ Committee in the exercise of their functions under Article 30, and
b
which relates to the affairs of any individual or to any particular business,
as it has effect in relation to such information obtained under or by virtue of any of the provisions of that Act.
Signed by authority of the Secretary of State for Transport
Theresa Villiers
Minister of State
Department for Transport
26th May 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Devolution and Miscellaneous Provisions) Order 2010 and comes into force on the day after the day it is made.
2
In this Order “ the Act ” means the Safeguarding Vulnerable Groups Act 2006.
Regulated activity: children
2
Part 1 of Schedule 4 to the Act (regulated activity relating to children) is amended in accordance with Articles 3 to 5.
3
1
Paragraph 1 (general) is amended as follows.
2
After sub-paragraph (9) insert —
9A
The exercise of a function so far as the function —
a
relates to any of the matters mentioned in sub-paragraph (9B),
b
gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with children, and
c
is not a function which falls within sub-paragraph (9C),
is a regulated activity relating to children.
9B
The matters in this sub-paragraph are —
a
an inspection under section 10B of the Employment and Training Act 1973 (inspection of careers services in England);
b
the exercise of a power under section 79U(3) of the Children Act 1989 (powers of inspection etc on entry onto childminding or day care premises in Wales or premises on which childminding or day care is suspected to be taking place);
c
any step taken for the purposes of section 87(3) of that Act (welfare of children in boarding schools and colleges);
d
an inspection under section 87(6) of that Act (inspection of boarding school or college);
e
any step taken by a person appointed under section 87A(1) of that Act (appointment as an inspector of boarding schools and colleges) —
i
for the purposes of an agreement made in accordance with section 87A(2) of that Act, or
ii
in order to comply with any requirement imposed on the person under section 87B of that Act ;
f
an inspection under section 18B or 18C of the Education Act 1994 (inspection of teacher training);
g
an inspection under section 38 of the Education Act 1997 (inspection of local education authorities in Wales);
h
an inspection under section 31 of the Care Standards Act 2000 (inspections of establishments and agencies or the inspection of premises suspected as being used as an establishment or agency) of a residential family centre, a fostering agency, a voluntary adoption agency or an adoption support agency (each of which has the meaning given in section 4 of that Act );
i
an inspection under Part 4 of the Learning and Skills Act 2000 (inspection of education and training within the remit of Her Majesty’s Chief Inspector of Education and Training in Wales);
j
a review or investigation under section 94 of the Health and Social Care (Community Health and Standards) Act 2003 (review or investigation of the discharge of social services functions by local authorities in Wales);
k
a review or investigation under section 94 of that Act as applied by section 30 of the Children Act 2004 (review or investigation of the functions of children’s services authorities in Wales);
l
an inspection under section 28 of the Education Act 2005 (duty of Her Majesty’s Chief Inspector of Education and Training in Wales to arrange regular inspections of certain schools);
m
an inspection under section 48 or 50 of that Act (inspection of religious education);
n
an inspection under section 51 of that Act (power of local education authorities to inspect maintained school for specific purpose);
o
an inspection under section 55 of that Act (inspection of careers services in Wales);
p
the exercise of a power under section 77(4) of the Childcare Act 2006 (powers of inspection etc on entry onto premises in accordance with section 77 of that Act);
q
an inspection under section 118, 124, 125, 126 or 128 of the Education and Inspections Act 2006 (inspection of further education and training etc);
r
an inspection under section 136 or a review under section 138 of that Act (inspections and annual reviews of local authorities in England);
s
an inspection under section 143 of that Act (inspection of the functions of the Children and Family Court Advisory and Support Service);
t
an inspection under section 146 of that Act (inspection of secure training centres).
9C
The exercise of a function to which sub-paragraph (10) applies so far as the function —
a
relates to the inspection of an establishment mentioned in paragraph 3(1) , and
b
gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with children,
is a regulated activity relating to children.
3
In sub-paragraph (10) for “The exercise” to “children” substitute “This sub-paragraph applies to a function of”.
4
For sub-paragraph (11) substitute —
11
The exercise of a function of the Welsh Ministers so far as the function —
a
relates to the inspection of an establishment, agency or body falling within sub-paragraph (12), and
b
gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with children,
is a regulated activity relating to children.
5
After sub-paragraph (12) insert —
(12A) Accessing a database established in pursuance of section 12(1)(a) or (b) or 29(1)(a) or (b) of the Children Act 2004 (information databases) is a regulated activity relating to children.
6
In sub-paragraph (13A) for “relates” to the end of paragraph (b) substitute —
a
relates to the inspection of anything which is listed in section 60(1) of the Health and Social Care Act 2008 and involves the provision of any form of treatment or therapy for children, and
b
gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with children,
.
7
In sub-paragraph (14) for “(10)” substitute “(9C)”.
4
In paragraph 3(1) (list of establishments) —
a
for “(10)” substitute “(9C)”, and
b
after paragraph (a) insert —
aa
a school falling within section 19(2) or (2B) of the Education Act 1996 (pupil referral units etc) which does not fall within sub-paragraph (1)(a);
.
5
1
Paragraph 4 (office holders etc) is amended as follows.
2
In sub-paragraph (1) —
a
after paragraph (aa) insert —
aaa
member of or clerk to a committee (established in accordance with regulations made under paragraph 15 of Schedule 1 to the Education Act 1996 ) which acts as the management committee of a school falling within section 19(2) or (2B) of that Act (pupil referral units etc) which does not fall within sub-paragraph (1)(a);
aab
an individual who is the proprietor of an independent school;
aac
an individual who takes part in the management of an independent school;
,
b
in paragraph (p) omit “wholly or mainly”, and
c
after paragraph (r) insert —
s
member of a fostering panel;
t
member of an adoption panel.
3
After sub-paragraph (1A) insert —
1AA
For the purposes of sub-paragraph (1)(aaa), a person is a clerk to a committee if that person falls within the definition of a clerk to the committee in the regulations made under paragraph 15 of Schedule 1 to the Education Act 1996.
4
After sub-paragraph (6) insert —
6A
For the purposes of sub-paragraph (1)(s), a fostering panel is a panel established in accordance with regulations made under section 22(2) of the Care Standards Act 2000 (regulation of establishment or agencies) or regulations made under Part 3 or section 59 of the Children Act 1989 (regulation of foster placements made by local authorities or independent fostering agencies) whose functions include making recommendations as to whether a person is suitable to foster a child.
6B
For the purposes of sub-paragraph (1)(t), an adoption panel is a panel established in accordance with regulations made under section 9 of the Adoption and Children Act 2002 (power to regulate adoption etc agencies).
5
At the appropriate place in sub-paragraph (7) insert the following —
“independent school” has the same meaning as in section 463 of the Education Act 1996 ;
“proprietor” has the same meaning as in section 579(1) of the Education Act 1996 ;
.
Regulated activity: vulnerable adults
6
Part 2 of Schedule 4 to the Act (regulated activity relating to vulnerable adults) is amended in accordance with Articles 7 and 8.
7
1
Paragraph 7 (general) is amended as follows.
2
For sub-paragraph (6) (inspection functions of the Welsh Ministers) substitute —
6
The exercise of an inspection function of the Welsh Ministers so far as the function gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with vulnerable adults, is a regulated activity relating to vulnerable adults.
3
In sub-paragraph (7) for “Inspection functions are functions” substitute “An inspection function is a function”.
4
In sub-paragraph (8A) (functions of the Care Quality Commission) for “relates” to the end of paragraph (b) substitute —
a
relates to the inspection of anything which is listed in section 60(1) of the Health and Social Care Act 2008 and involves the provision of social services, care, treatment or therapy for vulnerable adults, and
b
gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with vulnerable adults,
.
8
In paragraph 8(1) (office holders etc), in paragraph (g) omit “wholly or mainly”.
Minor amendment to Part 2 of Schedule 4 to the Act
9
In paragraph 7(7) (meaning of inspection functions), in paragraph (d) for “an order” substitute “regulations”.
Regulated activity: the period condition
10
In Part 3 of Schedule 4 to the Act (the period condition), in paragraph 10(1) for “two” substitute “three”.
Controlled activity
11
In sections 21(3), (4) and (5) and 22(2) of the Act (controlled activity: children and adults), for “two” substitute “three”.
Provision of information by the Independent Safeguarding Authority to the police: devolution alignment
12
After section 50A(2) of the Act (provision of information to the police) insert —
3
In subsection (1), “a chief officer of police” includes —
a
the Chief Constable of the Police Service of Northern Ireland, and
b
the chief constable of a police force in Scotland.
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
30th March 2010


text:
Citation and Commencement
1
These Regulations may be cited as the Biocidal Products (Amendment) Regulations 2010 and come into force on 6th April 2010.
Amendment of the Biocidal Products Regulations 2001
2
The Biocidal Products Regulations 2001 are amended as follows.
3
1
In regulation 2(1) —
a
after the definition of “feedingstuff”, insert —
“the fifth review regulation” means Commission Regulation (EC) No 1451/2007 ;
;
b
in the definition of “new active substance”, substitute “fifth” for “second”;
c
for the definition of “placing on the market” substitute —
“placing on the market” means —
any supply, whether in return for payment or not, within Great Britain; or
importation of a biocidal product into Great Britain; or
any subsequent storage other than storage followed by —
consignment from the customs territory of the European Community or
disposal,
and “place on the market”, “placed on the market” and “on the market” shall be construed accordingly; and
and
d
omit the definition of “the second review regulation”.
2
In regulation 2(2)(a), omit “and the Minister of Agriculture, Fisheries and Food, acting jointly”.
4
In regulation 3 —
a
for paragraph (3) substitute —
3
These Regulations shall not apply to a biocidal product which is a relevant plant protection product where and to the extent that the biocidal product is placed on the market or used for a purpose over which —
a
but for the provisions of Schedule 4 to the 2005 Regulations, control under the 2005 Regulations would otherwise be exercisable; or
b
but for the provisions of Schedule 4 to the 2005 (Scotland) Regulations , control under the 2005 (Scotland) Regulations would otherwise be exercisable.
;
b
in paragraph (8)(a), omit the word “and”;
c
after paragraph (8)(a), insert —
aa
“the 2005 (Scotland) Regulations” means the Plant Protection Products (Scotland) Regulations 2005 ; and
; and
d
in paragraph (8)(b), for “in paragraph 8 of Schedule 4 to the 2005 Regulations” substitute “in paragraph 12 of Schedule 4 to the 2005 Regulations”.
5
In regulation 3A —
a
in paragraph (1), for “which contains no active substances other than existing active substances” substitute “where all the active substances in that product are existing active substances.”;
b
For paragraph (2) substitute —
2
subject to paragraph (4), paragraph (1) shall cease to apply on 14 th May 2014
; and
c
after paragraph (3) insert —
4
Where a decision under Article 16(2) to include an existing active substance in Annex I or IA sets a date for compliance with Article 16(3) which is later than 14 th May 2014, paragraph 1 shall continue to apply in relation to biocidal products that include that active substance until the date set in that decision.
.
6
In regulation 23, for each reference to “2010”, wherever it appears, substitute “2014”.
7
In regulation 24, for each reference to “2010”, wherever it appears, substitute “2014”.
8
In Schedule 2 —
a
Omit paragraph (g) and (j); and
b
after paragraph (u), insert —
v
the Medical Devices Regulations 2002 ;
w
the Plant Protection Products Regulations 2005; and
x
the Plant Protection Products (Scotland) Regulations 2005.
.
9
In Schedule 13 —
a
in paragraph 1, for the definition of “COPR biocidal product”, substitute —
“COPR biocidal product” means any substance, preparation or organism prepared or used for any of the purposes listed in regulation 3(1) of COPR 1986, which is not a plant protection product;
“Plant protection product” has the same meaning as in Regulation 2(1) of the Plant Protection Products Regulations 2005
; and;
b
after paragraph 1, insert —
1A
This Schedule applies only in relation to a biocidal product where all the active substances in that product are existing active substances.
;
c
in paragraph 2A, for “the first sub-paragraph of Article 4.2 of the second review regulation” substitute “Article 4.1 of the fifth review regulation”;
d
in paragraph 5, for “not later than 3 months after that decision takes effect” substitute “not later than the date that decision takes effect”; and
e
in paragraph 8, for “not later than 3 months” substitute “not later than 2 months”.
Signed by authority of the Secretary of State for Communities and Local Government
William D. McKenzie
Parliamentary Under Secretary of State,
Department for Work and Pensions
10th March 2010


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Visits to Former Looked After Children in Detention (England) Regulations 2010 and come into force on 1st April 2011.
2
These Regulations apply in relation to England only.
Interpretation
2
1
In these Regulations —
“the 1989 Act ” means the Children Act 1989;
“A” means a child who was looked after by a local authority but who has ceased to be looked after by them as a result of the circumstances prescribed in regulation 3;
“R” means the representative of the responsible authority who is appointed to visit A in accordance with arrangements made by them under section 23ZA of the 1989 Act;
“relevant youth offending team case manager” means the person within the responsible authority’s youth offending team who is managing A’s case;
“responsible local authority” means the local authority which looked after A immediately prior to A being detained; and
“secure children’s home” means a children’s home used for the purpose of restricting liberty and approved for that purpose by the Secretary of State, in respect of which a person is registered under Part 2 of the Care Standards Act 2000 .
2
These Regulations do not apply to a child who is a relevant child for the purposes of section 23A of the 1989 Act .
Circumstances prescribed for the purpose of section 23ZA of the 1989 Act
3
1
The circumstances prescribed for the purposes of section 23ZA(1)(b) of the 1989 Act are that the child is detained pursuant to an order of a court in —
i
a young offender institution ,
ii
a secure training centre , or
iii
a secure children’s home.
Frequency of visits
4
1
The responsible authority must ensure that their representative (“R”) visits A —
a
within ten working days of A first being detained, in so far as is reasonably practicable, and
b
thereafter whenever reasonably requested to do so by —
i
A,
ii
a member of staff of the institution where A is detained,
iii
any parent of, or any other person with parental responsibility for, A, or
iv
the relevant youth offending team case manager.
2
The responsible authority may arrange for R to make such additional visits to A, having regard to any recommendation made by R in accordance with regulation 6(1)(b).
Conduct of visits
5
On each visit, R must speak to A in private unless —
a
A, being of sufficient age and understanding to do so, refuses,
b
R considers it inappropriate to do so, having regard to A’s age and understanding, or
c
R is unable to do so.
Reports of visits
6
1
R must provide a written report of each visit which must include —
a
R’s assessment, having regard to A’s wishes and feelings, as to whether A’s welfare is being adequately safeguarded and promoted whilst in detention,
b
R’s recommendation as to the timing and frequency of any further visits by R,
c
any other arrangements which R considers should be put in place with a view to promoting contact between A and A’s family or in order to safeguard and promote A’s welfare,
d
R’s assessment as to how A’s welfare should be adequately safeguarded and promoted following release from detention, in particular —
i
whether A will need to be provided with accommodation on release by the responsible authority or another local authority, and
ii
whether any other services should be provided by the responsible authority or another local authority in the exercise of their duties under the 1989 Act.
2
R must, in making any assessment under paragraph (1), unless it is not reasonably practicable to do so or it is not consistent with A’s welfare, take into account the views of —
a
any parent of, or any other person with parental responsibility for, A, and
b
appropriate members of staff of the institution where A is detained.
3
The responsible authority must give a copy of the report to —
a
A, unless it would not be appropriate to do so,
b
a person falling within paragraph (2)(a), unless to do so would not be in A’s best interests,
c
the governor, director or registered manager of the institution where A is being detained,
d
the relevant youth offending team case manager,
e
where different from the responsible authority, the local authority in whose area A is detained, and
f
any other person whom the responsible authority consider should be given a copy of the report having regard to R’s assessment.
Advice, support and assistance
7
When making arrangements in accordance with section 23ZA(2)(b) for appropriate advice, support and assistance to be available to A, the responsible authority must ensure that —
a
the arrangements —
i
are appropriate having regard to A’s age and understanding, and
ii
give due consideration to A’s religious persuasion, racial origin, cultural and linguistic background and to any disability A may have, and
b
so far as is reasonably practicable having regard to A’s age and understanding, A knows how to seek appropriate advice, support and assistance from the authority.
Tim Loughton
Parliamentary Under Secretary of State
Department for Education
19th November 2010


text:
Citation and commencement
1
These Regulations may be cited as the Warehousekeepers and Owners of Warehoused Goods (Amendment) Regulations 2010 and come into force on 2nd March 2010.
Amendment of the Warehousekeepers and Owners of Warehoused Goods Regulations 1999
2
In regulation 3(1) omit the words “this Part of”.
Mike Eland
Lesley Strathie
Two of the Commissioners for Her Majesty’s Revenue and Customs
4th February 2010


text:
Citation, interpretation and commencement
1
1
This Order may be cited as the Sentencing Council for England and Wales (Supplementary Provisions) Order 2010 and shall come into force on 15 March 2010.
2
In this Order, “the Council” means the Sentencing Council for England and Wales.
Term of office, resignation and re-appointment of Council members
2
1
In relation to the Council —
a
the term of office of any judicial member appointed in accordance with section 3(3) of the Senior Courts Act 1981 as vice-president of the criminal division of the Court of Appeal shall last for so long as that member holds that appointment;
b
the term of office of any non-judicial member holding the office of Director of Public Prosecutions shall last for so long as that member holds that office;
c
the initial term of office of any other judicial member or non-judicial member shall not exceed a period of 3 years.
2
A member may resign at any time from the Council by giving 4 weeks notice in writing —
a
in the case of a judicial member, to the Lord Chief Justice; and
b
in the case of a non-judicial member, to the Lord Chancellor.
3
A member to whom paragraph (1)(c) applies shall, on the expiry of the initial term of office, be eligible for re-appointment to the Council for one or more further terms.
4
The initial term plus any further term or terms of office of any member to whom paragraph (1)(c) applies shall not exceed 10 years in total.
Removal of members
3
1
The Lord Chancellor may remove a non-judicial member from the Council if the Lord Chancellor is satisfied that that member is —
a
incapable of continuing to be a member of the Council; or
b
has misbehaved in such a way as to be unfit to be a member of the Council.
2
The Lord Chancellor may, with the agreement of the Lord Chief Justice, remove a judicial member from the Council if the Lord Chancellor is satisfied that that member is —
a
incapable of continuing to be a member of the Council; or
b
has misbehaved in such a way as to be unfit to be a member of the Council.
Signed by the authority of the Lord Chancellor
Claire M Ward
Parliamentary Under Secretary of State
Ministry of Justice
3rd March 2010


text:
Citation and commencement
1
1
This Order may be cited as the Legal Officers (Annual Fees) Order 2010.
2
This Order shall come into operation on the first day of January 2011.
Establishment of fees
2
The fees appearing in Schedule 1 to this Order are established. The Tables of that Schedule contain particulars of the annual fees which are to be received, after the commencement of this Order, by —
1
the legal officers named in Table I of that Schedule in respect of the carrying out by them of the duties of their offices specified in Schedule 2 to this Order; and
2
by the legal officers named in Part A of Table II of Schedule 1 in respect of the carrying out by them of the duties of their offices except the duties and professional services specified in Part B of Table II as not falling within the scope of the annual fee.
Payment of fees
3
The fees established and set out in the second column of Table I of Schedule 1 to this Order are to be paid by the diocesan board of finance. The fees established and set out in the third column of the said Table I and in Table II of that Schedule are the liability of the diocesan bishop or archbishop, subject to the provisions of section 8 of the Ecclesiastical Fees Measure 1986.
Revocation of 2009 Order
4
The Legal Officers (Annual Fees) Order 2009 is hereby revoked.
Duties of the diocesan registrar
5
The diocesan registrar shall perform the duties and provide the professional services specified in Schedule 2 to this Order in consideration of the annual fee set out in Table I of Schedule 1 to this Order for his or her diocese and shall not be entitled to receive any other remuneration for such duties or services save as provided by this Order.
Supplementary annual fee
6
1
Subject to the provisions of this article nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to the annual fee payable under Table I of Schedule 1 to this Order.
2
An agreement made under paragraph (1) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
3
An agreement made under paragraph (1) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less that three months’ notice on either side.
4
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
Travel, subsistence and accommodation
7
A fee specified in Schedule 1 to this Order shall be increased by a sum for reasonable expenses of travel, subsistence and accommodation.
Value Added Tax
8
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order (including any fee specified in paragraph 4 of Schedule 2 to this Order) there shall be payable in addition to that fee the amount of Value Added Tax.
A Rutherford
G F Tattersall
A R Hargreaves-Smith
A Britton
T E H Walker
T E Allen
David Williams
Clerk to the Synod
Church House, London
9th July 2010


text:
Citation and commencement
1
1
These Regulations may be cited as the Consumer Credit (Total Charge for Credit) Regulations 2010.
2
These Regulations shall come into force —
a
on 1st February 2011, or
b
in relation to a prospective or actual regulated consumer credit agreement, on the date and at the time Parts 1 to 3 of the Consumer Credit ( EU Directive) Regulations 2010 apply to such an agreement, being a date before 1st February 2011.
Interpretation
2
1
In these Regulations —
“annual percentage rate of charge” means the rate of the total charge for credit (calculated in accordance with regulation 4), expressed as an annual percentage of the total amount of credit;
“current account” means an account under which the customer may, by means of cheques or similar orders payable to the customer or to any other person or by any other means, obtain or have the use of money held or made available by the person with whom the account is kept and which records alterations in the financial relationship between the said person and the customer;
“overdraft facility” means an explicit agreement whereby a creditor makes available to a debtor funds which exceed the current balance in the debtor’s current account;
“total amount of credit” means the credit limit or the total sums made available under a consumer credit agreement;
“total cost of credit to the debtor” means all costs, including interest, commissions, taxes and any other kind of fees which are required to be paid by or on behalf of the debtor or a relative of the debtor in connection with the consumer credit agreement, whether payable to the creditor or to any other person, and which are known to the creditor, except for notarial costs.
2
In these Regulations —
a
a reference to a rate of interest is a reference to the interest rate expressed as a fixed or variable percentage applied on an annual basis to the amount of credit drawn down;
b
a reference to a consumer credit agreement is to a consumer credit agreement regulated by the Act.
Application
3
These Regulations shall not apply to consumer credit agreements which are secured on land or to prospective consumer credit agreements which are to be secured on land except to the extent that the Consumer Credit (Disclosure of Information) Regulations 2010 apply to such agreements.
Total charge for credit
4
1
The total charge for credit which may be provided under an actual or prospective consumer credit agreement shall be the total cost of credit to the debtor determined in accordance with the requirements in paragraphs (2) to (5) below.
2
Subject to paragraph (3), the following costs shall be included in the total cost of credit to the debtor —
a
the costs of maintaining an account recording both payment transactions and drawdowns;
b
the costs of using a means of payment for both payment transactions and drawdowns;
c
other costs relating to payment transactions.
3
The costs at paragraph (2) shall not be included in the total cost of credit to the debtor where —
a
the opening of the account is optional and the costs of the account have been clearly and separately shown in the consumer credit agreement or in any other agreement made with the debtor;
b
in the case of an overdraft facility the costs do not relate to that facility.
4
Costs in respect of an ancillary service shall be included in the total cost of credit to the debtor if the conclusion of a service contract is compulsory in order to obtain the credit or to obtain it on the terms and conditions marketed.
5
The total cost of credit to the debtor shall not include —
a
any charges payable by or on behalf of the debtor or a relative of his for non-compliance with his commitments contained in the consumer credit agreement;
b
charges which, for purchases of goods or services, he or a relative of his is obliged to pay whether the transaction is effected in cash or on credit.
6
In paragraph (4), the reference to an ancillary service means a service that relates to the provision of credit under the consumer credit agreement and includes in particular an insurance or payment protection policy.
Calculation of the annual percentage rate of charge
5
The annual percentage rate of charge shall be calculated in accordance with the mathematical formula set out in the Schedule to these Regulations.
Assumptions for calculation
6
For the purposes of calculating the total charge for credit and the annual percentage rate of charge– —
a
it shall be assumed that the consumer credit agreement is to remain valid for the period agreed and that the creditor and the debtor will fulfil their obligations under the terms and by the dates specified in that agreement;
b
in the case of a consumer credit agreement allowing variations in–
i
the rate of interest, or
ii
where applicable, charges contained in the annual percentage rate of charge,
where these cannot be quantified at the time of calculation, it shall be assumed that they will remain at the initial level and will be applicable for the duration of the agreement;
c
where not all rates of interest are determined in the consumer credit agreement, a rate of interest shall be assumed to be fixed only for the partial periods for which the rate of interest is determined exclusively by a fixed specific percentage agreed when the agreement is made;
d
where the duration of the consumer credit agreement cannot be determined at the date of calculation and where different rates of interest and charges are to be offered for limited periods during that agreement, the rate of interest and the charge shall be assumed to be at the highest level for the duration of the agreement;
e
where there is a fixed rate of interest agreed in relation to an initial period under a consumer credit agreement, at the end of which a new rate of interest is determined and subsequently periodically adjusted according to an agreed indicator, it shall be assumed that, at the end of the period of the fixed rate of interest, the rate of interest is the same as at the time of making the calculation, based on the value of the agreed indicator at that time;
f
where the consumer credit agreement gives the debtor freedom of drawdown, the total amount of credit shall be assumed to be drawn down immediately and in full;
g
where the consumer credit agreement provides different ways of drawdown with different charges or rates of interest, the total amount of credit shall be assumed to be drawn down at the highest charge and rate of interest applied to the most common drawdown mechanism for the credit product to which the agreement relates;
h
for the purposes of paragraph (g), the most common drawdown mechanism for a particular credit product shall be assessed on the basis of the volume of transactions for that product in the preceding 12 months, or expected volumes in the case of a new credit product;
i
where the consumer credit agreement imposes, amongst the different ways of drawdown, a limitation with regard to the amount and period of time, the amount of credit shall be assumed to be the maximum amount provided for in the agreement and to be drawn down on the earliest date provided for in the agreement;
j
subject to paragraphs (p) and (q), where there is no fixed timetable for repayment under a consumer credit agreement, it shall be assumed —
i
that the credit is provided for a period of one year;
ii
that the credit will be repaid in 12 equal instalments and at monthly intervals;
k
repayment of credit in paragraph (j)(ii) includes repayment of interest and other charges;
l
there is no fixed timetable for repayment under a consumer credit agreement where the agreement does not set a specific date by which the entire credit must be repaid;
m
where there is a fixed timetable for repayment under a consumer credit agreement but the amount of repayment instalments is flexible, the amount of each instalment (other than the last instalment) shall be assumed to be the lowest for which the agreement provides;
n
unless otherwise provided, where the consumer credit agreement provides for more than one repayment date, it shall be assumed that the credit is to be made available and repayment made on the earliest date provided for in the agreement;
o
in the case of an agreement for running-account credit, where the credit limit applicable to the credit is not yet known, that credit limit shall be assumed to be £1,200;
p
in the case of an overdraft facility, the total amount of credit shall be assumed to be drawn down in full and for the entire duration of the consumer credit agreement;
q
for the purposes of paragraph (p) if the duration of the consumer credit agreement is not known it shall be assumed that the duration of the agreement is three months.
Kevin Brennan
Minister for Further Education, Skills, Apprenticeships and Consumer Affairs
Department for Business, Innovation and Skills
28th March 2010


text:
Citation and interpretation
1
1
This Order may be cited as the Work and Families Act 2006 (Commencement No. 4) Order 2010.
2
In this Order “the 2006 Act ” means the Work and Families Act 2006.
Revocation of the Work and Families Act 2006 (Commencement No. 3) Order 2010
2
The Work and Families Act 2006 (Commencement No. 3) Order 2010 is revoked.
Provisions coming into force on 3rd March 2010
3
The following provisions of the 2006 Act shall come into force on 3rd March 2010 —
a
sections 3 to 10;
b
section 11(1), in so far as it relates to the provisions in Schedule 1 referred to in paragraph (c); and
c
Schedule 1, paragraphs 19, 20, 22, 24, 30, 37, 38, 41, 43, 44, 46 and 50 to 52.
Provisions coming into force on 6th April 2010
4
The following provisions of the 2006 Act shall come into force on 6th April 2010 —
a
section 11(1), in so far as it relates to the provisions in Schedule 1 referred to in paragraph (d);
b
section 11(2) and (3);
c
section 15, in so far as it relates to the provisions in Schedule 2 referred to in paragraph (e);
d
Schedule 1, paragraphs 1 to 5, 10 to 15, 16(1) (in so far as it relates to paragraph 16(2)), 16(2), 17, 18, 25 to 29, 35, 36, 39, 40, 42, 45, 47 to 49 and 53 to 61;
e
Schedule 2, in so far as it gives effect to the following repeals —
i
section 6(2)(a) of the Employment Act 2002 ;
ii
paragraphs 3, 26(3), 33(3), 48(2) and 49(3) of Schedule 7 to that Act; and
iii
the entry relating to statutory paternity pay in Table A in section 660(1) of the Income Tax (Earnings and Pensions) Act 2003 .
Lord Young of Norwood Green
Minister for Postal Affairs and Employment Relations
Department for Business, Innovation and Skills
1st March 2010


text:
Citation and commencement
1
1
These Regulations may be cited as the Tax Credits (Miscellaneous Amendments) (No. 3) Regulations 2010.
2
Regulation 11 of these Regulations comes into force on 6th April 2011 and all other regulations in these Regulations come into force on 31st December 2010.
Amendment of the Tax Credits (Definition and Calculation of Income) Regulations 2002
2
The Tax Credits (Definition and Calculation of Income) Regulations 2002 are amended as follows.
3
In regulation 2(2) (interpretation) omit the definition “the Service Pensions Order ”.
4
In regulation 5 (pension income) —
a
omit item 5 of Table 2; and
b
omit item 7 of Table 2.
5
In Table 6 of regulation 19 (general disregards in the calculation of income) for item 12 substitute —
12
Any payment in respect of travelling expenses —
a
in relation to England under regulation 5, 6 or 12 of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 ;
b
in relation to Wales under regulation 5, 6 or 11 of the National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007 ;
c
in relation to Scotland, under regulation 3, 5, or 11 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 ;
d
in relation to Northern Ireland, under regulation 5, 6 or 11 of the Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 2004 ; or
e
made by the Secretary of State for Health, the Scottish Ministers, the Welsh Ministers or the Department of Health, Social Services and Public Safety and which is analogous to a payment specified in paragraph (a), (b), (c) or (d).
.
Amendment of the Tax Credits (Payments by the Commissioners) Regulations 2002
6
The Tax Credits (Payments by the Commissioners) Regulations 2002 are amended as follows.
7
In regulation 8 (time of payment by way of a credit to a bank or other account) —
a
in paragraph (2) for “Subject to paragraph (2A)” substitute “ Subject to paragraphs (2A) and (2B)”; and
b
after paragraph (2A) insert —
2B
Notwithstanding the terms of any election under paragraph (2), the Commissioners may pay the tax credit or element either each week or every four weeks as appears to them to be appropriate.
.
Amendment of the Child Tax Credit Regulations 2002
8
The Child Tax Credit Regulations 2002 are amended as follows.
9
In regulation 2(1) (interpretation), in the definition “qualifying body” in paragraph (d) after “ Council Regulation (EEC) No 1408/71 ” add “and Regulation (EC) No 883/2004 of the European Parliament and of the Council”.
Amendment of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002
10
The Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 are amended as follows.
11
In regulation 4(1) (entitlement to basic element of working tax credit: qualifying remunerative work) —
a
immediately preceding sub-paragraph (c) of the second condition omit “or”;
b
in sub-paragraph (c) of that condition omit “in any other case”; and
c
at the end of sub-paragraph (c) insert —
; or
d
is aged at least 60 and undertakes not less than 16 hours work per week
.
12
In regulation 11(3) (second adult element) —
a
immediately preceding sub-paragraph (b) omit “or”,
b
at the end of sub-paragraph (b) insert —
, or
c
satisfies paragraph (d) of the second condition in regulation 4(1) and is in receipt of the 50 plus element
.
Amendment of the Tax Credits (Claims and Notifications) Regulations 2002
13
The Tax Credits (Claims and Notifications) Regulations 2002 are amended as follows.
14
In regulation 12(7) (circumstances in which claims are to be treated as made – notices containing provision under section 17(2)(b), (4)(b) and (6)(b) of the Act ) —
a
for “Paragraph (5) shall not apply” substitute “Paragraphs (3) and (5) shall not apply”;
b
immediately preceding paragraph (c) omit “or”;
c
for sub-paragraph (c) substitute —
c
in the case where, before the specified date, the person or persons to whom a notice under section 17 of the Act is given advise the Board that the person or persons do not wish to be treated as making a claim for tax credit for the tax year following that to which the notice relates; or
; and
d
after sub-paragraph (c) insert —
d
in the case where there has been a previous single claim to which a notice under section 17 of the Act relates —
i
a relevant notification is given to the person by whom the claim was made; and
ii
the person fails to make a relevant request; and
e
in the case where there has been a previous joint claim to which a notice under section 17 of the Act relates —
i
a relevant notification is given to the persons by whom the claim was made; and
ii
they fail to make a relevant request.
.
15
After regulation 12(7) insert —
8
In this regulation —
a
“relevant notification” means a written notification to a person or persons by whom a claim for tax credit was made which —
i
is given by the Board at least 35 days before the Board gives notice under section 17 of the Act to the person or persons;
ii
states the date on which it is given;
iii
advises that the Board intends to give such a notice to the person or persons; and
iv
advises that this regulation will not have effect to treat the person or persons as making a claim for tax credit for the tax year following that to which the notice relates unless a relevant request is made;
b
“relevant request” means a request made to the Board by a person or persons to whom a relevant notification is given that —
i
is made in response to the relevant notification within 30 days of the date on which it is given; and
ii
requests that the person or persons will be treated by virtue of this regulation as making a claim for tax credit for the tax year following that to which the notice relates;
c
“specified date” means the date specified for the purposes of section 17(2) and (4) of the Act or, where different dates are specified, the later of them.
.
Michael Fabricant
Brooks Newmark
Two of the Lords Commissioners of Her Majesty’s Treasury
7th December 2010
Mike Eland
Dave Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
7th December 2010


text:
Citation
1
This Order may be cited as the Constitutional Reform Act 2005 (Commencement No.12) Order 2010.
Commencement of provisions of the Constitutional Reform Act 2005
2
The following provisions of the Constitutional Reform Act 2005 shall come into force on 12th April 2010 —
a
section 15(2) (other functions of the Lord Chancellor and organisation of the courts) to the extent necessary to bring into force the provisions of Schedule 5 (functions under legislation relating to Northern Ireland) specified in paragraph (c);
b
section 123 (disclosure of information to the Northern Ireland Judicial Appointments Commission) in so far as it inserts subsection (6) into section 5A of the Justice (Northern Ireland) Act 2002 ; and
c
in Schedule 5 (functions under legislation relating to Northern Ireland) —
i
paragraphs 120 and 121;
ii
paragraph 127; and
iii
paragraph 128(3).
Jack Straw
Lord Chancellor
17th March 2010


text:
Citation and interpretation
1
1
This Order may be cited as the Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No.2 and Transitional and Saving Provisions) Order 2010.
2
In this Order —
“ the Act ” means the Apprenticeships, Skills, Children and Learning Act 2009;
“relevant young offender institution” means a young offender institution in England, or part of such an institution, other than Ashfield Young Offender Institution, South Gloucestershire;
“the YPLA ” means the Young People’s Learning Agency for England.
Provisions coming into force on 26th February 2010
2
The provisions of the Act specified in column 1 of Schedule 1 come into force on 26th February 2010 to the extent specified in column 2 of the Schedule.
Provisions coming into force on 1st April 2010
3
1
The provisions of the Act specified in column 1 of Schedule 2 come into force on 1st April 2010.
2
Where a particular purpose is specified in column 2 of that Schedule in relation to any such provision, the provision comes into force on that date for that purpose only.
Provisions coming into force on 6th April 2010
4
The provisions of the Act specified in column 1 of Schedule 3 come into force on 6th April 2010 to the extent specified in column 2 of the Schedule.
Provisions coming into force on 19th April 2010
5
The provisions of the Act specified in column 1 of Schedule 4 come into force on 19th April 2010 to the extent specified in column 2 of the Schedule.
Provisions coming into force on 1st September 2010
6
1
The provisions of the Act specified in column 1 of Schedule 5 come into force on 1st September 2010.
2
Where a particular purpose is specified in column 2 of that Schedule in relation to any such provision, the provision comes into force on that date for that purpose only.
Provisions coming into force on 6th April 2011
7
The provisions of the Act specified in column 1 of Schedule 6 come into force on 6th April 2011 to the extent specified in column 2 of the Schedule.
Transitional and Saving Provisions
8
1
Despite the coming into force of sections 54 and 57 of the Act in accordance with article 3, the amendments to the Education Act 1996 made by those sections in relation to —
a
inserting paragraph (ca) in section 509AB(6);
b
inserting sections 508G and 508I,
do not have effect in respect of any academic year before the 2011-2012 academic year.
2
In this article “academic year” has the meaning given by section 509AC of the Education Act 1996.
9
1
This article applies in relation to any consultation carried out before 1st April 2010 in respect of the first guidance to be issued to local education authorities under section 72(1) of the Act.
2
For the purposes of section 72 of the Act, the consultation is to be treated, on and after 1st April 2010, as if it had been carried out under section 72(3) of the Act by the YPLA.
10
1
This article applies in relation to the statement of policy most recently published by the Learning and Skills Council for England under section 56B(7) of the 1992 Act (“the current section 56B statement”).
2
The current section 56B statement is to be treated during the transitional period as prepared by the YPLA with respect to the exercise of its intervention powers (as defined in section 73(6) of the Act).
3
Anything done by the Learning and Skills Council for England in respect of the current section 56B statement under section 56B(2), (5) or (7) of the 1992 Act is to be treated during the transitional period as done by the YPLA under section 73(2), (3) or (4) (as the case may be) of the Act.
4
In this article —
“the 1992 Act” means the Further and Higher Education Act 1992;
“the transitional period” means the period beginning with 1st April 2010 and ending with the date on which the YPLA publishes a statement under section 73(4) of the Act.
11
1
This article applies in relation to any children and young people’s plan (“the current plan”) prepared by a children’s services authority under section 17 of the Children Act 2004 (“the 2004 Act ”) and which has effect immediately before 1st April 2010.
2
The current plan is to continue to have effect until the relevant date.
3
The “relevant date” is the date on which the Children’s Trust Board established by arrangements made by the children’s services authority under section 10 of the 2004 Act publishes a new children and young people’s plan.
4
For the purposes of this article and article 12, a “new children and young people’s plan” means a children and young people’s plan published in accordance with regulations under section 17 of the 2004 Act, as substituted by section 194(3) of the Act.
12
1
Despite the coming into force of section 194(9) of the Act in accordance with article 3, the amendments to section 21 of the Education Act 2002 made by that subsection do not have effect in relation to a school until the relevant Children’s Trust Board publishes a new children and young people’s plan.
2
The “relevant Children’s Trust Board”, in relation to a school, means the Children’s Trust Board established by arrangements made under section 10 of the Children Act 2004 by the local education authority by which the school is maintained, in their capacity as a children’s services authority (within the meaning of that Act).
Iain Wright
Parliamentary Under Secretary of State
Department for Children, Schools and Families
10th February 2010


text:
Title and commencement
1
These Regulations come into force on 24 June 2010 and their title is The M4 Motorway (Rogiet Toll Plaza, Monmouthshire) (50 mph Speed Limit) Regulations 2010.
Interpretation
2
In these Regulations —
“the motorway” means the London – South Wales Motorway (M4).
Imposition of speed limit
3
No person shall drive any motor vehicle at a speed exceeding 50 miles per hour on that area of the westbound carriageway of the motorway at Rogiet in the County of Monmouthshire which extends from a point 800 metres east of the centre line of Station Road overbridge to a point 752 metres west of the centre line of Station Road overbridge.
Revocation
4
The M4 Motorway (Rogiet Toll Plaza, Monmouthshire) (50 mph Speed Limit) Regulations 2005 are hereby revoked.
Ieuan Wyn Jones
Minister for the Economy and Transport, one of the Welsh Ministers
27 May 2010


text:
1
These Regulations may be cited as the Taxes (Definition of Charity) (Relevant Territories) Regulations 2010 and come into force on 20th August 2010.
2
The territories specified in the Schedule to these Regulations are relevant territories for the purposes of the meaning of a relevant territory in paragraph 2(3) of Schedule 6 to the Finance Act 2010 (the jurisdiction condition of the definition of “charity” in paragraph 1 of Schedule 6 to the Finance Act 2010).
Dave Hartnett
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
23rd July 2010


text:
Citation and commencement
1
1
These Regulations may be cited as the Crime and Disorder (Overview and Scrutiny) (Amendment) Regulations 2010.
2
These Regulations shall come into force on 1st April 2010.
Amendment of the Crime and Disorder (Overview and Scrutiny) Regulations 2009
2
In regulation 3 (co-opting of additional members) of the Crime and Disorder (Overview and Scrutiny) Regulations 2009 for paragraph (4) substitute —
4
The crime and disorder committee of a local authority (or authorities) shall not co-opt a person to serve on the committee who is a member of the executive of that local authority (or authorities).
David Hanson
Minister of State
Home Office
4th March 2010


text:
1
This Order may be cited as the British Nationality (Rwanda) Order 2010 and shall come into force on 10th March 2010.
2
In Schedule 3 to the British Nationality Act 1981 (countries whose citizens are Commonwealth citizens), insert “Rwanda” at the appropriate place.
Judith Simpson
Clerk of the Privy Council


text:
Citation commencement and application
1
1
These Regulations may be cited as the Planning (Listed Buildings and Conservation Areas) (Amendment) (England) Regulations 2010 and shall come into force on 6th April 2010.
2
These Regulations apply in relation to England only.
Amendment of the Planning (Listed buildings and Conservation Areas) Regulations 1990
2
The Planning (Listed Buildings and Conservation Areas) Regulations 1990 are amended in accordance with the following regulations.
Amendments relating to site notices
3
1
In regulation 5 (advertisement of applications) —
a
in paragraph (1) for “7” substitute “21”; and
b
in paragraph (2) for “7” substitute “21”.
2
In regulation 5A (publicity for applications affecting setting of listed buildings) —
a
in paragraph (2) for “seven” substitute “21”; and
b
in paragraph (6) for “seven” substitute “21”.
3
In regulation 13 (applications by local planning authorities) in paragraph (4)(b) for “7” substitute “21”.
Amendments relating to website publicity
4
In regulation 5 —
a
in paragraph (1) —
i
at the end of sub-paragraph (b) for the full stop substitute “; and”;
ii
after sub-paragraph (b) insert —
c
for not less than 21 days publish on a website maintained by the local planning authority the following information —
i
the address or location of the proposed works;
ii
the nature of the proposed works;
iii
the date by which any representations about the application must be made, which shall not be before the last day of the period of 21 days beginning with the date on which the information is published;
iv
where and when the application may be inspected; and
v
how representations may be made about the application.
;
b
omit paragraphs (1A) and (1B);
c
in paragraph (2) —
i
for “both” substitute “each” in each place where it occurs;
ii
at the end of sub-paragraph (b) insert “and”;
iii
after sub-paragraph (b) insert —
c
the period of 21 days beginning with the date on which the information required by sub-paragraph (c) of the said paragraph (1) was first published;
; and
d
in paragraph (3) omit “(1A), (1B)”.
2
In regulation 5A —
a
for paragraph (2) substitute —
2
The local planning authority shall —
a
publish in a local newspaper circulating in the locality in which the land is situated a notice indicating the nature of the development in question and naming a place within the locality where a copy of the application, and of all plans and other documents submitted to it, will be open to inspection by the public at all reasonable hours during the period of 21 days beginning with the date of publication of the notice;
b
for not less than 21 days display on or near the said building a notice containing the same particulars as are required to be published in accordance with sub-paragraph (a); and
c
for not less than 21 days publish on a website maintained by the local planning authority the following information —
i
the address or location of the development in question;
ii
the nature of the development;
iii
the date by which any representations about the application must be made, which shall not be before the last day of the period of 21 days beginning with the date on which the information is published;
iv
where and when the application may be inspected; and
v
how representations may be made about the application.
;
b
in paragraphs (3) and (4) omit “Subject to paragraph (7)”;
c
in paragraph (4) —
i
for “both” substitute “each” in each place where it occurs;
ii
at the end of sub-paragraph (b) insert “and”; and
iii
after sub-paragraph (b) insert —
c
the period of 21 days beginning with the date on which the information required by sub-paragraph (c) of the said paragraph (2) was first published,
; and
d
omit paragraphs (5), (6) and (7).
3
In regulation 13 (applications by local planning authorities) —
a
in paragraph (4) at the end of sub-paragraph (b) for the full stop substitute “; and”; and
b
in paragraph (4) after sub-paragraph (b) insert —
c
for not less than 21 days publish on a website maintained by the local planning authority the following information —
i
the address or location of the proposed works;
ii
the nature of the proposed works;
iii
the date by which any representations about the application must be made, which shall not be before the last day of the period of 21 days beginning with the date on which the information is published;
iv
where and when the application may be inspected; and
v
how representations may be made about the application.
.
Transitional provision
5
The amendments made by regulation 4 do not apply in respect of any application made before 1st October 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:
PART 1 Introductory
Citation and commencement
1
These Regulations may be cited as the Water Supply Regulations 2010 and come into force on 20th April 2010.
PART 2 The Water Supply (Water Quality) Regulations 2000
Amendment of the Water Supply (Water Quality) Regulations 2000
2
The Water Supply (Water Quality) Regulations 2000 are amended in accordance with this Part.
Regulation 17
3
In regulation 17 omit paragraph (8).
Regulation 18
4
1
Regulation 18 is amended as follows.
2
In paragraph (1) after the words “indicator parameters set out in Schedule 2, it shall”, insert “immediately”.
3
Omit paragraph (4).
Regulation 19
5
1
Regulation 19 is amended as follows.
2
In paragraphs (1)(a)(i) and (3)(a)(i) omit the words “in Part II of Table A or”.
3
In paragraph (4) —
a
for “risk to human health” substitute “potential danger to human health”; and
b
for “may by notice in writing” substitute “must by notice in writing”.
Regulation 19A
6
After regulation 19 insert —
Failure attributable to domestic distribution system where water is supplied to the public
19A
1
Paragraph (3) applies where the Secretary of State considers that the failure (or, in the case of regulation 17, apprehended failure) disclosed by a notification under regulation 17(5) or regulation 18(2) —
a
is attributable to the domestic distribution system, or the maintenance of that system, in premises where water supplied for regulation 4(1) purposes is made available for use by members of the public, including schools within the meaning of the Education Act 1996 , hospitals and restaurants;
b
is not trivial and is likely to recur; and
c
in the case of a notification given under regulation 18(2), poses a potential danger to human health.
2
References in this regulation to “failure” are references to a failure or apprehended failure of the type referred to in paragraph (1).
3
Subject to paragraph (7), the Secretary of State must serve a notice in writing on —
a
the water undertaker that supplies water to the premises; or
b
the water undertaker whose supply system is used for the purpose of a licensed water supplier making a supply of water to the premises,
requiring it to exercise the power conferred by section 75(2) of the Act in respect of the failure.
4
The provisions of section 75(2) to (12) of the Act apply in relation to the exercise of the power in section 75(2) in pursuance of a notice served under paragraph (3), subject to the modifications in paragraph (5).
5
Those modifications are —
a
subsections (2)(b) and (4) are to be read as if any reference to “damage, contamination, waste, misuse or undue consumption” were a reference to the failure.
b
subsection (9) is to be read as if for the words from “the water undertaker” to the end of paragraph (b) there were substituted —
the water undertaker —
a
must take those steps itself; and
b
subject to subsection (10) may recover any expenses reasonably incurred by the undertaker in taking those steps from the person on whom the notice was served;
.
6
Where the water undertaker exercises the power in section 75(2) of the Act pursuant to a notice served by the Secretary of State under paragraph (3) it must inform by notice in writing any of its other consumers who are likely to be affected of the steps it has taken, and that notice must include a copy of any notice that it has served.
7
Where the Secretary of State considers that the failure (or any aspect of it) is attributable to factors arising from the further distribution by a person other than a water undertaker or licensed water supplier of water supplied by a water undertaker or licensed water supplier, the Secretary of State —
a
must not serve a notice under paragraph (3) in respect of that failure or aspect of it; and
b
if the Secretary of State considers that the local authority needs information or assistance from the water undertaker or licensed water supplier in order to be able to carry out its duties under regulation 15 or 16 of the Private Water Supplies Regulations 2009 , the Secretary of State must serve a notice on the water undertaker or licensed water supplier requiring it to provide such information or assistance to the local authority as is specified in the notice.
8
It is the duty of the water undertaker or licensed water supplier on which a notice under this regulation has been served to take the steps specified in the notice.
9
The duty of a water undertaker or licensed water supplier under this regulation is enforceable under section 18 of the Act.
.
Regulation 20
7
In regulation 20(1)(a) omit the words “in Part II of Table A or”.
Regulation 26
8
After regulation 26(1) insert —
1A
A water undertaker or combined licensee must —
a
design, operate and maintain the disinfection process so as to keep disinfection by-products as low as possible without compromising the effectiveness of the disinfection; and
b
verify the effectiveness of the disinfection process.
.
Schedule 3
9
1
For Table 2 in Schedule 3 substitute the Table in Schedule 1.
2
For Table 3 in Schedule 3 substitute the Table in Schedule 2.
PART 3 The Private Water Supplies Regulations 2009
Amendment of the Private Water Supplies Regulations 2009
10
In regulation 5 of the Private Water Supplies Regulations 2009 —
a
re-number the current regulation 5 as regulation 5(1), and
b
after paragraph (1) insert —
2
Where disinfection forms part of the preparation or distribution of water, the relevant person (as defined in section 80 of the Water Industry Act 1991) must —
a
design, operate and maintain the disinfection process so as to keep disinfection by-products as low as possible without compromising the effectiveness of the disinfection,
b
ensure that the effectiveness of the disinfection process is maintained,
c
verify the effectiveness of the disinfection process, and
3
For the purposes of this regulation, “disinfection” means a process of water treatment —
a
to remove, or
b
to render harmless to human health,
every pathogenic micro-organism and pathogenic parasite that would otherwise be present in the water.
.
Huw Irranca-Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
25th March 2010


text:
Title, commencement and application
1
1
These Regulations may be cited as the Environmental Damage (Prevention and Remediation) (Amendment) Regulations 2010 and come into force on 1 st April 2010.
Amendments
2
1
The Environmental Damage (Prevention and Remediation) Regulations 2009 are amended as follows.
2
For regulation 11, substitute the following —
Enforcing authorities in other cases
11
If the damage caused is caused by an activity that does not require a permit or registration under the Environmental Permitting (England and Wales) Regulations 2007 these Regulations are enforced in accordance with the following table.
Type of environmental damage Area of damage Enforcing Authority
(1)
For the definition of “sea”, see below.
(2)
For the definition of “installation abandonment measures ” , see below.
“Sea” includes —
Any area submerged at mean high water spring tide; and
Each of the following, so far as the tide flows at mean high water spring tide —
every estuary or arm of the sea; and
the waters of any channel, bay or river.
“Installation abandonment measures” means any measures taken in connection with the abandonment of —
an offshore installation within the meaning of Part 4 of the Petroleum Act 1998,or submarine pipeline within the meaning of that Part, or
a carbon storage installation, within the meaning of section 30 of the Energy Act 2008,
whether or not the measures are taken in pursuance of an abandonment programme under Part 4 of the Petroleum Act 1998; or under that Part, as it applies by virtue of section 30 of the Energy Act 2008.
Damage to water — Environment Agency Damage to protected species or natural habitats or a site of special scientific interest — Land Natural England Water but not in the sea Environment Agency
Any part of the continental shelf or in the sea up to the limit of the renewable energy zone —
which lies within the Scottish zone, as defined in section 126(1) and (2) of the Scotland Act 1998 or
which lies outside the Scottish zone, but which is 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.
– if the damage was caused by anything done —
in the course of carrying on an activity for which a licence under section 3 of the Petroleum Act 1998 or section 2 of the Petroleum (Production) Act 1934 (licences to search for and get petroleum) is required,
for the purpose of constructing or maintaining a pipeline in respect of any part of which an authorisation (within the meaning of Part 3 of the Petroleum Act 1998) is in force,
for the purpose of establishing or maintaining an offshore installation (within the meaning of Part 4 of the Petroleum Act 1998),
in the course of taking any installation abandonment measures ,
in the course of carrying on an activity for which a licence under section 4 or 18 of the Energy Act 2008 (gas unloading, storage and recovery, and carbon dioxide storage) is required,
in the course of carrying on an activity other than those specified in paragraphs (a) to (e), relating to a matter which is a reserved matter by virtue of section D2 (oil and gas) in Part 2 of Schedule 5 to the Scotland Act 1998 ,
the Secretary of State;
– in relation to the exercise of powers under Part 2 of these Regulations only, if the damage was caused by an activity relating to a matter which is a reserved matter by virtue of section E3 (marine transport) in Part 2 of Schedule 5 to the Scotland Act 1998, the Secretary of State; – otherwise the Scottish Ministers. Any other part of the continental shelf or in the sea up to the limit of the renewable energy zone – if the damage is due to an activity authorised by the Environment Agency, the Environment Agency;
– otherwise the Secretary of State
Damage to land — Local authority
Huw Irranca-Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
1st March 2010


text:
Citation and commencement
1
These regulations may be cited as the Motor Vehicles (Third Party Risks) (Amendment) Regulations 2010 and shall come into force on 30th April 2010.
Amendment of the Motor Vehicles (Third Party Risks) Regulations 1972
2
Regulation 11 of the Motor Vehicles (Third Party Risks) Regulations 1972 (notification to the Secretary of State of ineffective policies or securities) is revoked.
Signed by authority of the Secretary of State
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
30th March 2010


text:
Citation and commencement
1
1
These Regulations may be cited as the Social Security (Community Task Force) Regulations 2010.
2
They come into force on 26th April 2010.
Amendment of the Jobseeker’s Allowance Regulations
2
1
The Jobseeker’s Allowance Regulations 1996 are amended as follows.
2
In regulation 69 (prescribed period for the purposes of section 19(2)) —
a
at the beginning of paragraph (1) insert “Subject to paragraph (1ZA),”;
b
in paragraph (1)(a), after “(b),” insert “ (ba), ”;
c
in paragraph (1)(b)(ii)(bb), after “the New Deal options” insert “(other than a case where a jobseeker’s allowance is determined not to be payable in circumstances relating to the Community Task Force)”;
d
after paragraph (1)(b)(ii)(bb), insert —
bba
where the determination in (i) above relates to the Community Task Force, on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within section 19(5) or section 20A(2)(a) to (c) that relates to the Community Task Force; or
e
after paragraph (b) insert —
ba
13 weeks in any case in which —
i
a jobseeker’s allowance is determined not to be payable to the claimant in circumstances falling within section 19(5) or section 20A(2)(a) to (c) and the determination relates to an act or omission arising on or after 26th April 2010 in respect of the Community Task Force; and
ii
on two previous occasions a jobseeker’s allowance has been determined not to be payable to the claimant in circumstances falling within section 19(5) or section 20A(2)(a) to (c) and each such determination relates to the Community Task Force; and
iii
no more than 12 months have elapsed between the beginning of the day on which the determination mentioned in (ba)(i) above is made and the beginning of the first day on which a jobseeker’s allowance was not payable to the claimant as a result of the determination which most recently preceded it falling within sub-paragraph (b)(i) and relating to the Community Task Force;
.
f
in paragraph (1)(c) after “75(1)(a)(i)(bb)” insert “or the Community Task Force”;
g
after paragraph (1) insert —
1ZA
Where, in a case relating to the Community Task Force falling within a provision made by paragraph (1)(a), (1)(b)(ii)(bba) or (1)(ba), the Secretary of State notifies the claimant in writing that he is no longer required to participate in the Community Task Force with effect from a day specified in the notice which falls within the period referred to in the provision concerned, that provision shall apply as if the prescribed period referred to were a reference to either —
a
one week, or
b
the period beginning on the day specified in paragraph (2) and ending on the last day of the first benefit week to end on or after the day specified in the notice as the day on which the claimant is no longer required to participate in the Community Task Force,
whichever is the longer.
.
3
After regulation 75(1)(a)(ii)(cc) (interpretation) insert “; and” and the following head —
dd
the Community Task Force, being a programme which lasts for a total of at least 13 weeks and up to 26 weeks for any individual who must be under the age of 25 on the first entry date to the programme and which includes for that individual work experience and job search, except that where an individual participates in the Community Task Force after the 13th week, it is not, in respect of that individual’s participation after that week, to be regarded as an employment programme for the purposes of section 19 or 20A .
.
Signed by authority of the Secretary of State for Work and Pensions.
Jim Knight
Minister of State,
Department for Work and Pensions
17th February 2010