text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the Parliamentary Pensions (Amendment) (No 2) Regulations 2009.
2
These Regulations come into force on 1st January 2010 but regulations 2 to 7 have effect from 1st April 2008 and regulations 8 and 9 have effect from 1st April 2009.
3
In these Regulations —
“participant” has the meaning set out in regulation A2 of the Principal Regulations (as amended by regulation 2(3) of these Regulations); and
“the Principal Regulations” means the Parliamentary Pensions (Consolidation and Amendment) Regulations 1993 .
4
The amendments to the Principal Regulations provided for in regulations 8 and 9 do not have effect in relation to a person who ceases to be a participant before 1st January 2010.
Interpretation
2
1
Paragraph (1) of regulation A2 of the Principal Regulations is amended as follows.
2
After the definition of “basic or prospective pension or pensions” insert —
“Category 1 contributor” means —
in respect of any period beginning on or after 5th July 2001 and ending before 15th July 2002 —
a participating Member who is a Member of the House of Commons on 15th July 2002; or
a participating office holder who is an office holder on 15th July 2002,
who opts, before 1st January 2003, to contribute to the Fund on or after 5th July 2001 at a rate of 9 per cent;
in respect of any period beginning on or after 15th July 2002 and ending before 1st April 2008 —
a participating Member; or
a participating office holder,
who does not opt, before 1st January 2010, to contribute to the Fund at a reduced rate;
in respect of any period beginning on or after 1st April 2008 and ending before 1st April 2009 —
a participating Member who —
does not opt, before 1st January 2010, to contribute to the Fund at a reduced rate and, on or after that date, either does not exercise the option to select a membership category in regulation D1(3A) or exercises that option with effect from a date on or after 1st April 2009; or
exercises the option to select a membership category in regulation D1(3A)(a) and whose qualifying notice specifies that the Member wishes to contribute to the Fund as a Category 1 contributor with effect on and from the later of 1st April 2008 or the date of the participating Member’s election or re-election to the House of Commons; or
a participating office holder who —
does not opt, before 1st January 2010, to contribute to the Fund at a reduced rate and, on or after that date, either does not exercise the option to select a membership category in regulation D2(3A) or exercises that option with effect from a date on or after 1st April 2009; or
exercises the option to select a membership category in regulation D2(3A)(a) and whose qualifying notice specifies that the office holder wishes to contribute to the Fund as a Category 1 contributor with effect on and from the later of 1st April 2008 or the date of the participating office holder’s current appointment as an office holder; and
in respect of any period beginning on or after 1st April 2009 —
a participating Member who —
does not opt, before 1st January 2010, to contribute to the Fund at a reduced rate, or on or after that date does not exercise the option to select a membership category in regulation D1(3A); or
exercises the option to select a membership category in regulation D1(3A) and whose qualifying notice specifies that the Member wishes to contribute to the Fund as a Category 1 contributor; or
a participating office holder who —
does not opt, before 1st January 2010, to contribute to the Fund at a reduced rate, or on or after that date does not exercise the option to select a membership category in regulation D2(3A); or
exercises the option to select a membership category in regulation D2(3A) and whose qualifying notice specifies that the office holder wishes to contribute to the Fund as a Category 1 contributor;
“Category 2 contributor” means —
in respect of any period beginning on or after 5th July 2001 and ending before 15th July 2002 —
a participating Member; or
a participating office holder,
who does not opt, before 1st January 2003, to contribute to the Fund on or after 5th July 2001 at a rate of 9 per cent;
in respect of any period beginning on or after 15th July 2002 and ending before 1st April 2008 —
a participating Member; or
a participating office holder,
who opts, before 1st January 2010, to contribute to the Fund at a reduced rate;
in respect of any period beginning on or after 1st April 2008 and ending before 1st April 2009 —
a participating Member who —
opts, before 1st January 2010, to contribute to the Fund at a reduced rate and either has not subsequently exercised the option to select a membership category in regulation D1(3A) or has subsequently exercised that option with effect from a date on or after 1st April 2009; or
exercises the option to select a membership category in regulation D1(3A)(a) and whose qualifying notice specifies that the Member wishes to contribute to the Fund as a Category 2 contributor with effect on and from the later of 1st April 2008 or the date of the participating Member’s election or re-election to the House of Commons; or
a participating office holder who —
opts, before 1st January 2010, to contribute to the Fund at a reduced rate and either has not subsequently exercised the option to select a membership category in regulation D2(3A) or has subsequently exercised that option with effect from a date on or after 1st April 2009; or
exercises the option to select a membership category in regulation D2(3A)(a) and whose qualifying notice specifies that the office holder wishes to contribute to the Fund as a Category 2 contributor with effect on and from the later of 1st April 2008 or the date of the participating office holder’s current appointment as an office holder; and
in respect of any period beginning on or after 1st April 2009 —
a participating Member who —
opts, before 1st January 2010, to contribute to the Fund at a reduced rate and has not subsequently exercised the option to select a membership category in regulation D1(3A); or
exercises the option to select a membership category in regulation D1(3A) and whose qualifying notice specifies that the Member wishes to contribute to the fund as a Category 2 contributor; or
a participating office holder who —
opts, before 1st January 2010, to contribute to the Fund at a reduced rate and has not subsequently exercised the option to select a membership category in regulation D2(3A); or
exercises the option to select a membership category in regulation D2(3A) and whose qualifying notice specifies that the office holder wishes to contribute to the Fund as a Category 2 contributor;
“Category 3 contributor” means —
in respect of any period beginning on or after 1st April 2008 and ending before 1st April 2009 —
a participating Member —
who exercises the option in regulation D1(3A)(a) to select a membership category; and
whose qualifying notice specifies that the Member wishes to contribute to the Fund as a Category 3 contributor with effect on and from the later of 1st April 2008 or the date of the participating Member’s election or re-election to the House of Commons; or
a participating office holder —
who exercises the option in regulation D2(3A)(a) to select a membership category; and
whose qualifying notice specifies that the office holder wishes to contribute to the Fund as a Category 3 contributor with effect on and from the later of 1st April 2008 or the date of the participating office holder’s current appointment as an office holder; and
in respect of any period beginning on or after 1st April 2009 —
a participating Member who exercises the option to select a membership category in regulation D1(3A) and whose qualifying notice specifies that the Member wishes to contribute to the Fund as a Category 3 contributor; or
a participating office holder who exercises the option to select a membership category in regulation D2(3A) and whose qualifying notice specifies that the office holder wishes to contribute to the Fund as a Category 3 contributor;
.
3
In the definition of “participant” for “making contributions to the Fund; and may be either” substitute “who is”.
4
For the definition of “participating Member” substitute —
“participating Member” means a person —
making contributions to the Fund deducted from his salary as a Member of the House of Commons under regulation D1;
who is excused from making such contributions because his aggregate period of reckonable service exceeds that which would give rise to the maximum pension allowed in respect of him under the principal scheme; or
who is excused from making such contributions because regulation D1(3G)(b) applies;
.
5
For the definition of “participating office holder” substitute —
“participating office holder” means a person —
making contributions to the Fund deducted from his salary as an office holder; or
who is excused from making such contributions because regulation D2(3H)(b) applies;
.
Contributions by participating Members
3
For paragraphs (3) to (3E) of regulation D1 of the Principal Regulations substitute —
3
For the purposes of paragraph (1) the appropriate percentage —
a
in relation to a payment of salary made in respect of a period beginning on or after 1st April 1992 and ending before 5th July 2001, is 6 per cent; or
b
in relation to a period beginning on or after 5th July 2001 and ending before 1st April 2004 —
i
in respect of all or any part of such period as a Category 1 contributor is 9 per cent; or
ii
in respect of all or any part of such period as a Category 2 contributor is 6 per cent; or
c
in relation to a period beginning on or after 1st April 2004 and ending before 1st April 2008 —
i
in respect of all or an part of such period as a Category 1 contributor is 10 per cent; or
ii
in respect of all or any part of such period as a Category 2 contributor is 6 per cent; or
d
in relation to a period beginning on or after 1st April 2008 and ending before 1st April 2009 —
i
in respect of all or any part of such period as a Category 1 contributor is 10 per cent;
ii
in respect of all or any part of such period as a Category 2 contributor is 6 per cent; or
iii
in respect of all or any part of such period as a Category 3 contributor is 5.5 per cent; or
e
in relation to a period beginning on or after 1st April 2009 —
i
in respect of all or any part of such period as a Category 1 contributor is 11.9 per cent;
ii
in respect of all or any part of such period as a Category 2 contributor is 7.9 per cent; or
iii
in respect of all or any part of such period as a Category 3 contributor is 5.9 per cent.
3A
A participating Member who is a Member of the House of Commons on or after 1st January 2010 may exercise the option to select a membership category —
a
in the case of a participating Member who is a Member of the House of Commons on 1st January 2010, by giving a qualifying notice to the Trustees no later than 1st April 2010; or
b
in the case of a participating Member who is not a Member of that House on 1st January 2010, but who becomes a Member after 1st January 2010, by giving a qualifying notice to the Trustees not more than three months after the date of the General Election or by-election at which the Member is elected or re-elected to membership of the House of Commons.
3B
In this regulation a qualifying notice is a notice in a form acceptable to the Trustees which —
a
is in writing;
b
is signed by the Member to whom it relates (“M”), at a time when M is a participating Member;
c
specifies whether M wishes to contribute to the Fund as a Category 1, Category 2 or Category 3 contributor; and
d
if M is a Member of the House of Commons on 1st January 2010, specifies whether M wishes to contribute to the Fund in the membership category selected in sub-paragraph (c) with effect on and from —
i
the later of 1st April 2008 or the date of M’s election or re-election to the House of Commons; or
ii
1st April 2009.
3C
Where a Member (“M”) exercises the option in paragraph (3A)(a), the effective date of the option is the date specified in M’s qualifying notice in accordance with paragraph (3B)(d).
3D
Where a Member (“M”) exercises the option in paragraph (3A)(b), the effective date of the option is the date on which M is elected or re-elected to the House of Commons.
3E
Where a Member (“M”) does not exercise the option in paragraph (3A) —
a
if M is a Member of the House of Commons on 1st April 2008 and was a Category 1 contributor immediately before that date, M continues as a Category 1 contributor on and after that date;
b
if M is a Member of the House of Commons on 1st April 2008 and was a Category 2 contributor immediately before that date, M continues as a Category 2 contributor on and after that date;
c
if M becomes a Member of the House of Commons on or after 1st April 2008 and before 1st January 2010 and does not opt, before 1st January 2010, to contribute to the Fund at a reduced rate, M is a Category 1 contributor on and from the date when M becomes a Member of the House of Commons;
d
if M becomes a Member of the House of Commons on or after 1st April 2008 and before 1st January 2010 and opts, before 1st January 2010, to contribute to the Fund at a reduced rate, M is a Category 2 contributor on and from the date when M becomes a Member of the House of Commons; and
e
if M becomes a Member of the House of Commons on or after 1st January 2010, M is a Category 1 contributor on and from the date when M becomes a Member of the House of Commons.
3F
Paragraph (3G) applies if, as a result of a Member (“M”) exercising the option in paragraph (3A), the contributions deducted from M’s salary on and after the effective date of the option exceed the sums required to be deducted in respect of M under paragraph (1) on and after the effective date of the option.
3G
If this paragraph applies in respect of a Member (“M”), as soon as reasonably practicable after receiving M’s qualifying notice, the Trustees must —
a
calculate the difference (the “Excess”) between —
i
the contributions deducted from M’s salary on and after the effective date of the option; and
ii
the contributions required to be deducted in respect of M under paragraph (1) on and after the effective date of the option; and
b
cease deducting contributions from M’s salary under paragraph (1).
3H
Where the Trustees have ceased deducting contributions under paragraph (3G), they must resume deducting contributions when the amount of the contributions not deducted as a result of paragraph (3G) is equal to the amount of the Excess.
3I
If a Member ceases to be a participating Member before the amounts referred to in paragraph (3H) are equal, the Trustees must repay the difference to the Member.
3J
If, as a result of a Member (“M”) exercising the option in paragraph (3A), the contributions deducted from M’s salary on and after the effective date of the option are less than the sums required to be deducted in respect of M under paragraph (1) on and after the effective date of the option, M must pay to the Trustees the sum certified by the Trustees as being the additional amount due to make up M’s contributions to the sums required.
3K
If paragraph (3J) applies, a Member (“M”) must make the payment referred to in that paragraph within twenty-eight days of the end of any period during which M may exercise the option in paragraph (3A), or within such longer period as the Trustees may in their discretion determine.
.
Contributions by participating office holders
4
For paragraphs (3) to (3F) of regulation D2 of the Principal Regulations substitute —
3
For the purposes of paragraph (1) the appropriate percentage —
a
in relation to a payment of salary made in respect of a period beginning on or after 1st April 1992 and ending before 5th July 2001, is 6 per cent; or
b
in relation to a period beginning on or after 5th July 2001 and ending before 1st April 2004 —
i
in respect of all or any part of such period as a Category 1 contributor is 9 per cent; or
ii
in respect of all or any part of such period as a Category 2 contributor is 6 per cent; or
c
in relation to a period beginning on or after 1st April 2004 and ending before 1st April 2008 —
i
in respect of all or any part of such period as a Category 1 contributor is 10 per cent; or
ii
in respect of all or any part of such period as a Category 2 contributor is 6 per cent; or
d
in relation to a period beginning on or after 1st April 2008 and ending before 1st April 2009 —
i
in respect of all or any part of such period as a Category 1 contributor is 10 per cent;
ii
in respect of all or any part of such period as a Category 2 contributor is 6 per cent; or
iii
in respect of all or any part of such period as a Category 3 contributor is 5.5 per cent; or
e
in relation to a period beginning on or after 1st April 2009 —
i
in respect of all or any part of such period as a Category 1 contributor is 11.9 per cent;
ii
in respect of all or any part of such period as a Category 2 contributor is 7.9 per cent; or
iii
in respect of all or any part of such period as a Category 3 contributor is 5.9 per cent.
3A
A participating office holder who is an office holder on or after 1st January 2010 may exercise the option to select a membership category —
a
in the case of a participating office holder who is an office holder on 1st January 2010, by giving a qualifying notice to the Trustees no later than 1st April 2010; or
b
in the case of a participating office holder who is not an office holder on 1st January 2010 but who becomes an office holder after 1st January 2010, by giving a qualifying notice to the Trustees not more than three months after the date on which the person is appointed or next appointed as an office holder.
3B
In this regulation a qualifying notice is a notice in a form acceptable to the Trustees which —
a
is in writing;
b
is signed by the office holder to whom it relates (“H”), at a time when H is a participating office holder;
c
specifies whether H wishes to contribute to the Fund as a Category 1, Category 2 or Category 3 contributor; and
d
if H is an office holder on 1st January 2010, specifies whether H wishes to contribute to the Fund in the membership category selected in sub-paragraph (c) with effect on and from —
i
the later of 1st April 2008 or the date of H’s current appointment as an office holder; or
ii
1st April 2009.
3C
Where an office holder (“H”) exercises the option in paragraph (3A)(a), the effective date of the option is the date specified in H’s qualifying notice in accordance with paragraph (3B)(d).
3D
Where an office holder (“H”) exercises the option in paragraph (3A)(b), the effective date of the option is the date of H’s current appointment as an office holder.
3E
Where an office holder (“H”) does not exercise the option in paragraph (3A) —
a
if H is an office holder on 1st April 2008 and was a Category 1 contributor immediately before that date, H continues as a Category 1 contributor on and after that date;
b
if H is an office holder on 1st April 2008 and was a Category 2 contributor immediately before that date, H continues as a Category 2 contributor on and after that date;
c
if H becomes an office holder on or after 1st April 2008 and before 1st January 2010 and does not opt, before 1st January 2010, to contribute to the Fund at a reduced rate, H is a Category 1 contributor on and from the date when H becomes an office holder;
d
if H becomes an office holder on or after 1st April 2008 and before 1st January 2010 and opts, before 1st January 2010, to contribute to the Fund at a reduced rate, H is a Category 2 contributor on and from the date when H becomes an office holder; and
e
if H becomes an office holder on or after 1st January 2010, H is a Category 1 contributor on and from the date when H becomes an office holder.
3F
For any period during which a participating office holder (“H”) is also a participating Member, H is deemed to have exercised the option under paragraph (3A) at the same time and on the same basis as H exercises the equivalent option under regulation D1.
3G
Paragraph (3H) applies if, as a result of an office holder (“H”) exercising the option in paragraph (3A), the contributions deducted from H’s salary on and after the effective date of the option exceed the sums required to be deducted in respect of H under paragraph (1) on and after the effective date of the option.
3H
If this paragraph applies in respect of an office holder (“H”), as soon as reasonably practicable after receiving H’s qualifying notice, the Trustees must —
a
calculate the difference (the “Excess”) between —
i
the contributions deducted from H’s salary on and after the effective date of the option; and
ii
the contributions required to be deducted in respect of H under paragraph (1) on and after the effective date of the option; and
b
cease deducting contributions from H’s salary under paragraph (1).
3I
Where the Trustees have ceased deducting contributions under paragraph (3H), they must resume deducting contributions when the amount of the contributions not deducted as a result of paragraph (3H) is equal to the amount of the Excess.
3J
If an office holder ceases to be a participating office holder before the amounts referred to in paragraph (3I) are equal, the Trustees must repay the difference to the office holder.
3K
If, as a result of an office holder (“H”) exercising the option in paragraph (3A), the contributions deducted from H’s salary on and after the effective date of the option are less than the sums required to be deducted in respect of H under paragraph (1) on and after the effective date of the option, H must pay to the Trustees the sum certified by the Trustees as being the additional amount due to make up H’s contributions to the sums required.
3L
If paragraph (3K) applies, an office holder (“H”) must make the payment referred to in that paragraph within twenty-eight days of the end of any period during which H may exercise the option in paragraph (3A), or within such longer period as the Trustees may in their discretion determine.
.
Actual Reckonable Service
5
1
Regulation E1 of the Principal Regulations is amended as follows.
2
In paragraph (1)(b)(ii) after “has made contributions to the Fund” insert “or is excused from making contributions because regulation D1(3G)(b) applies”.
3
In paragraph (2)(b) after “has made contributions to the principal scheme under section 3 of the 1972 Act, or under regulation D1, or under regulation C2(4)” insert “or is excused from making contributions because regulation D1(3G)(b) applies”.
4
In paragraph (3)(b) after “has made contributions to the principal scheme under regulation D1” insert “or is excused from making contributions because regulation D1(3G)(b) applies”.
Amount payable to pensioner Members
6
1
Regulation F2 of the Principal Regulations is amended as follows.
2
For paragraph (3) substitute —
3
In paragraph (1) of this regulation “the appropriate fraction”, in relation to a year or part of a year comprised in a person’s aggregate period of reckonable service as a participating Member, means —
a
in the case of a year ending before 20th July 1983, one-sixtieth, or, if the period before that date includes a part of a year, a proportionate fraction of one-sixtieth;
b
in the case of a year or part of a year beginning on or after 20th July 1983 and ending before 5th July 2001, one-fiftieth;
c
in the case of a year or part of a year beginning on or after 5th July 2001 and ending before 1st April 2008 —
i
in respect of a Category 1 contributor, one-fortieth; and
ii
in respect of a Category 2 contributor, one-fiftieth; and
d
in the case of a year or part of a year beginning on or after 1st April 2008 —
i
in respect of a Category 1 contributor, one-fortieth;
ii
in respect of a Category 2 contributor, one-fiftieth; and
iii
in respect of a Category 3 contributor, one-sixtieth.
.
3
Omit paragraphs (3A), (4), (4A) and (4B).
Amount payable to pensioner office holders
7
1
Regulation F4 of the Principal Regulations is amended as follows.
2
In paragraph (2)(b) omit “or D2(3A)”.
3
In paragraph (3A)(a) —
a
for “has not made the option referred to in regulation D2(3)” substitute “changes from being a Category 2 contributor to a Category 1 contributor on that date”;
b
for “regulation D2(3)(a) and (b)” substitute “regulation D2(3)(b)(i) and (ii)”; and
c
for “regulation F4(5A)(a)” substitute “regulation F4(5)(d)(i) and (ii)”.
4
In paragraph (3A)(b) —
a
for “has made the option referred to in regulation D2(3A)” substitute “becomes a Category 1 contributor on 5th July 2001”;
b
for “regulation D2(3A)(a) and (b)” substitute “regulation D2(3)(a) and (b)(i)”; and
c
for “regulation F4(5A)(b)” substitute “regulation F4(5)(c) and (d)(i)”.
5
For paragraph (5) substitute —
5
In paragraph (3) of this regulation “the appropriate fraction” means —
a
in relation to the year beginning with 1st April 1982 and previous years, one-sixtieth;
b
in relation to the year beginning with 1st April 1983 —
i
in the case of a person who held a qualifying office at some time in the period beginning with 1st April 1983 and ending with 19th July 1983 but did not hold such an office at any time in the period beginning with 20th July 1983 and ending with 31st March 1984, one-sixtieth;
ii
in the case of a person who did not hold such an office at any time in the first of those periods but did hold such an office at some time in the second of those periods, one-fiftieth; and
iii
in the case of a person who held such an office at some time in each of those periods, nineteen-thousandths;
c
in relation to the year beginning with 1st April 1984 and subsequent years up to and including the year beginning with 1st April 2000, and in relation to the part of a year beginning with 1st April 2001 and ending with 4th July 2001, one-fiftieth;
d
in relation to a year or part of a year beginning on or after 5th July 2001 and ending before 1st April 2008 —
i
in respect of a Category 1 contributor, one-fortieth; and
ii
in respect of a Category 2 contributor, one-fiftieth; and
e
in relation to a year or part of a year beginning on or after 1st April 2008 —
i
in respect of a Category 1 contributor, one-fortieth;
ii
in respect of a Category 2 contributor, one-fiftieth; and
iii
in respect of a Category 3 contributor, one-sixtieth.
.
6
Omit paragraph (5A).
Permitted maximum pensions: pensioners who joined before 1st June 1989
8
1
Regulation F5 of the Principal Regulations is amended as follows.
2
After “except to the extent that it is calculated by reference to so much (if any) of that person’s actual period of reckonable service as a participant as fell after he attained the age of sixty-five years” insert “and before 1st April 2009”.
Maximum pensions
9
1
Schedule 2 to the Principal Regulations is amended as follows.
2
In paragraph 4(3)(a) omit “, save that, to the extent that the amount is calculated by reference to that part of the participant’s actual period of reckonable service as a participant as fell after he attained the age of sixty-five years, the overall limit of two-thirds of the multiple may be disregarded”.
Participants on 1st January 2010 who have paid insufficient contributions
10
1
This regulation applies to a participant who —
a
is a participant on 1st January 2010; and
b
does not exercise the option to select a membership category pursuant to the amendments to the Principal Regulations made by regulations 3 and 4.
2
The participant must pay to the Trustees, within such period as the Trustees may in their discretion determine, any sum certified by the Trustees as being the additional amount due to make up the participant’s contributions to the sums required pursuant to the amendments to the Principal Regulations made by regulations 3 and 4.
Harriet Harman
Leader of the House of Commons
Tessa Jowell
Minister for the Civil Service
1st December 2009


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Counter-Terrorism Act 2008 (Commencement No. 4) Order 2009.
2
The following provisions of the Counter-Terrorism Act 2008 shall come into force on 1st October 2009 —
a
sections 40 to 61 (notification requirements);
b
Schedule 4 (notification orders);
c
Schedule 5 (foreign travel restriction orders); and
d
Schedule 6 (notification requirements: application to service offences).
David Hanson
Minister of State
Home Office
16th June 2009


text:
Citation
1
This Order may be cited as the Double Taxation Relief and International Tax Enforcement (Guernsey) Order 2009.
Tax information exchange arrangements to have effect
2
It is declared that —
a
the arrangements specified in the Exchange of Letters set out in Part 1 of the Schedule to this Order and in the Agreement set out in Part 2 of that Schedule have been made with the States of Guernsey with a view to the exchange of information foreseeably relevant to the administration or enforcement or recovery of the taxes, and debts relating to the taxes, covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and
b
it is expedient that those arrangements should have effect.
Double taxation arrangements to have effect
3
It is also declared that —
a
the arrangements specified in the Exchange of Letters set out in Part 1 of the Schedule to this Order and in the Arrangement set out in Part 3 of that Schedule, which vary the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Guernsey) Order 1952 , as amended by the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Guernsey) Order 1994 , have been made with the States of Guernsey with a view to affording relief from double taxation in relation to income tax or corporation tax and taxes of a similar character imposed by the laws of either party; and
b
it is expedient that those arrangements should have effect.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and extent
1
1
This Order may be cited as the Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 and comes into force on 1st September 2009.
2
The amendments made by paragraphs 6 and 7 of Schedule 1 do not extend to Scotland.
Transfer of functions of the Transport Tribunal and Appeal Panel
2
1
The functions of the Transport Tribunal under the Road Traffic Act 1988 , the Road Traffic Offenders Act 1988 , the Postal Services Act 2000 , the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 and the European Communities (Recognition of Professional Qualifications) Regulations 2007 are transferred to the First-tier Tribunal.
2
The functions of a panel of persons appointed by the Lord Chancellor under section 189(6) of the Greater London Authority Act 1999 are transferred to the First-tier Tribunal.
3
The functions of the Transport Tribunal under the Public Passenger Vehicles Act 1981 , the Transport Act 1985 , the Goods Vehicles (Licensing of Operators) Act 1995 , section 155 of the Transport Act 2000 , the Local Transport Act 2008 , the Goods Vehicles (Community Authorisations) Regulations 1992 , the Public Service Vehicles (Community Licences) Regulations 1999 , the Road Transport (Passenger Vehicles Cabotage) Regulations 1999 and the Goods Vehicles (Enforcement Powers) Regulations 2001 are transferred to the Upper Tribunal.
Additional offices to be held by persons who are members of the Transport Tribunal
3
A person who, immediately before this Order comes into force, holds an office listed in column (1) of the following table is in addition to hold the office or offices listed in the corresponding entry in column (2) of that table.
(1)
Office held
(2)
Office or offices to be held
President of the Transport Tribunal appointed under paragraph 2(1)(a) of Schedule 4 to the Transport Act 1985 Transferred-in judge of the Upper Tribunal Chairman of the Transport Tribunal appointed under paragraph 2(1)(a) of Schedule 4 to the Transport Act 1985 Transferred-in judge of the Upper Tribunal Other member of the Transport Tribunal appointed under paragraph 2(1)(b) of Schedule 4 to the Transport Act 1985 Transferred-in other member of the Upper Tribunal
Consequential and transitional provisions
4
1
Schedule 1 contains amendments to primary legislation as a consequence of the transfer effected by this Order.
2
Schedule 2 contains amendments to secondary legislation as a consequence of the transfer effected by this Order.
3
Schedule 3 contains repeals and revocations as a consequence of the amendments in Schedules 1 and 2.
4
Schedule 4 contains transitional and saving provisions.
By the authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under-Secretary of State
Ministry of Justice
8th July 2009


text:
Citation and commencement
1
This Order may be cited as the Guardian’s Allowance Up-rating Order 2009 and shall come into force on 6th April 2009.
Amendment of Schedule 4 to the Social Security Contributions and Benefits Act 1992
2
In paragraph 5 of Part 3 of Schedule 4 to the Social Security Contributions and Benefits Act 1992 (amount of guardian’s allowance) for “£13.45” substitute “£14.10”.
Frank Roy
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
26th March 2009


text:
Citation, construction and commencement
1
1
This Order may be cited as the Turks and Caicos Islands Constitution (Interim Amendment) (Amendment) Order 2009 and shall be construed as one with the Turks and Caicos Islands Constitution Order 2006 and the Turks and Caicos Islands Constitution (Interim Amendment) Order 2009 (in this Order referred to as “the 2009 Order”).
2
This Order shall come into force on such day as the Governor, acting in his or her discretion, may appoint by proclamation published in the Gazette.
Amendment of section 1 of 2009 Order
2
Section 1 of the 2009 Order is amended by substituting for subsection (3) the following —
3
This Order shall come into force on such day as the Governor, acting in his or her discretion, may appoint by proclamation published in the Gazette, and different days may be appointed for the coming into force of different provisions.
4
When appointing a day for the coming into force of sections 7 and 8, the Governor shall specify which provisions of Schedules 1 and 2 shall come into force on that day, and if any of the provisions of those Schedules do not come into force on that day, the Governor may appoint a different day or days for the coming into force of those provisions.
5
In subsections (3) and (4), the term “provisions” includes any part of any provision.
Amendment of sections 4, 5 and 6 of 2009 Order
3
Sections 4, 5 and 6 of the 2009 Order are amended by substituting for the words “this Order” the words “this section”.
Amendment of sections 7 and 8 of 2009 Order
4
Sections 7 and 8 of the 2009 Order are amended by substituting for the words “While this Order is in force” the words “Subject to subsections (3), (4) and (5) of section 1, while this section is in force”.
Amendment of section 9 of 2009 Order
5
Section 9 of the 2009 Order is amended by substituting for the words “While this Order is in force” the words “Subject to subsection (3) and (5) of section 1, while this section is in force”.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Zimbabwe (Financial Sanctions) Regulations 2009 and come into force on 24th April 2009.
2
An offence may be committed under these Regulations by any person in the United Kingdom or by any person elsewhere who is —
a
a British citizen;
b
a British overseas territories citizen who acquired his or her citizenship from a connection with Gibraltar;
c
a British subject under Part 4 of the British Nationality Act 1981 with the right of abode in the United Kingdom; or
d
a body incorporated or constituted under the law of any part of the United Kingdom.
Interpretation
2
1
In these Regulations —
“the 2000 Act ” means the Financial Services and Markets Act 2000 ;
“body corporate” includes a Scottish partnership;
“designated person” has the meaning given by regulation 3 ;
“document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;
“the EC Regulation ” means Council Regulation (EC) No. 314/2004 of 19th February 2004 concerning certain restrictive measures in respect of Zimbabwe as amended from time to time;
“economic resources” means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but may be used to obtain funds, goods or services;
“funds” means financial assets and benefits of every kind, including but not limited to —
cash, cheques, claims on money, drafts, money orders and other payment instruments;
deposits with financial institutions or other persons, balances on accounts, debts and debt obligations;
publicly and privately traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts;
interest, dividends or other income on or value accruing from or generated by assets;
credit, rights of set-off, guarantees, performance bonds or other financial commitments;
letters of credit, bills of lading, bills of sale;
documents providing evidence of an interest in funds or financial resources;
any other instrument of export financing;
“officer”, in relation to a body corporate, means —
in relation to a Scottish partnership, a partner; and
in relation to any other body corporate, a director, manager, secretary or other similar officer of the body corporate or any person who has purported to act in any such capacity;
“relevant institution” means —
a person who has permission under Part 4 of the 2000 Act (permission to carry on regulated activities); and
an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 of the 2000 Act (EEA passport rights) which has permission under paragraph 15 of that Schedule as a result of qualifying for authorisation under paragraph 12 of that Schedule to accept deposits.
2
The definition of “relevant institution” in paragraph (1) must be read with —
a
section 22 of the 2000 Act (the classes of activity and categories of investment);
b
any relevant order under that section ; and
c
Schedule 2 to that Act (regulated activities).
Designated persons
3
For the purposes of these Regulations a person is a designated person if —
a
listed in Annex III of the EC Regulation; or
b
identified in a direction given by the Treasury under regulation 4(1).
Treasury’s power to designate persons
4
1
Where the Treasury have reasonable grounds for suspecting that a person is a person listed in Annex III of the EC Regulation, the Treasury may give a direction that such person is designated for the purposes of these Regulations.
2
The Treasury may vary or revoke a direction at any time.
Directions: further provisions
5
1
Where the Treasury give a direction under regulation 4(1) they must —
a
give written notice to the person identified in the direction; and
b
publicise the direction generally.
2
Where the Treasury vary or revoke a direction given under regulation 4(1) they must —
a
give written notice of the variation or revocation to the person identified in the direction; and
b
take such further steps as they consider appropriate to publicise the variation or revocation.
Freezing funds and economic resources of designated persons
6
1
A person (including the designated person) must not deal with funds or economic resources belonging to a designated person unless authorised by a licence granted under regulation 10 .
2
In paragraph (1) “deal with” means —
a
in respect of funds —
i
use, alter, move, allow access to or transfer;
ii
deal with in any other way that would result in any change in volume, amount, location, ownership, possession, character or destination; or
iii
make any other change that would enable use, including portfolio management; and
b
in respect of economic resources (including an interest in land), exchange or use in exchange for funds, goods or services; and
c
in respect of an interest in land, dispose of an interest.
3
A person who contravenes the prohibition in paragraph (1) is guilty of an offence.
4
In proceedings for an offence under this regulation, it is a defence for a person to show that they did not know and had no reasonable cause to suspect that the funds or economic resources belonged to a designated person.
Making funds or economic resources available to designated persons
7
1
A person must not make funds or economic resources available, directly or indirectly, to or for the benefit of a designated person unless authorised by a licence granted under regulation 10 .
2
A person who contravenes the prohibition in paragraph (1) is guilty of an offence.
3
In proceedings for an offence under this regulation, it is a defence for a person to show that they did not know and had no reasonable cause to suspect funds or economic resources were made available, directly or indirectly, to or for the benefit of a designated person.
Exceptions
8
1
It is not an offence under regulation 6 or 7 to credit a frozen account with —
a
interest or other earnings on the account; or
b
payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which the account became a frozen account.
2
It is not an offence under regulation 7 for a relevant institution to credit a frozen account where it receives funds transferred to the account by a third party.
3
For the avoidance of doubt, regulation 6 applies to any funds credited to a frozen account in accordance with this regulation.
4
In this regulation —
“frozen account” means an account with a relevant institution which is held or controlled by a designated person;
“third party” means a person other than the account-holder or the relevant institution with which the account is maintained.
Circumvention
9
Any person who participates, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to —
a
circumvent a prohibition in regulation 6(1) or 7(1) , or
b
enable or facilitate the commission of an offence under regulation 6 or 7 ,
is guilty of an offence.
Licences
10
1
The Treasury may grant a licence to disapply the prohibition in regulation 6 (1) or 7 (1) in relation to the acts specified in the licence.
2
A licence may be —
a
general or granted to a particular person or to a category of persons;
b
subject to conditions;
c
of indefinite duration or subject to an expiry date.
3
The Treasury may vary or revoke a licence at any time.
4
The Treasury, where they grant, vary or revoke a licence, must —
a
in the case of a licence granted to a particular person, give written notice of the licence, variation or revocation to that person; and
b
in the case of a general licence or a licence granted to a category of persons, take such steps as the Treasury consider appropriate to publicise the licence, variation or revocation.
5
Any person who, for the purpose of obtaining a licence, knowingly or recklessly makes any statement or furnishes any document or information which is false in a material particular is guilty of an offence.
6
Any person who has done any act under the authority of a licence and who fails to comply with any conditions attaching to that licence is guilty of an offence.
Evidence and information
11
The Schedule (which contains further provisions about evidence and information) has effect.
Officers of a body corporate etc.
12
1
If an offence under these Regulations committed by a body corporate is shown —
a
to have been committed with the consent or connivance of an officer of the body corporate; or
b
to be attributable to any neglect on the officer’s part;
the officer as well as the body corporate is guilty of the offence.
2
Paragraph (1) also applies to an institution which is not a body corporate, with the substitution for the reference to an officer of the body of a reference —
a
in the case of a partnership, to a partner;
b
in the case of an unincorporated body other than a partnership —
i
where the body’s affairs are managed by its members, to a member of the body;
ii
in any other case, to a member of the governing body.
Penalties
13
1
A person guilty of an offence under regulation 6 , 7 , 9 or 10 or paragraph 4(b) or (d) of the Schedule is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or to both.
2
A person guilty of an offence under paragraph 2(4) or 4(a) or (c) of the Schedule is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or both.
Proceedings
14
1
Proceedings against any person for an offence may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
2
In England and Wales, summary proceedings for an offence may be tried by a magistrates’ court if any information is laid —
a
before the end of twelve months from the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to the prosecutor’s knowledge, but
b
not later than three years from the commission of the offence.
3
In Scotland —
a
summary proceedings for an offence may be commenced —
i
before the end of twelve months from the date on which evidence sufficient in the Lord Advocate’s opinion to justify the proceedings came to the Lord Advocate’s knowledge, but
ii
not later than three years from the commission of the offence; and
b
section 136(3) of the Criminal Procedure (Scotland) Act 1995 (time limit for certain offences) applies for the purpose of this paragraph as it applies for the purpose of that section.
4
In Northern Ireland, summary proceedings for an offence may be instituted —
a
before the end of twelve months from the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to the prosecutor’s knowledge, but
b
not later than three years from the commission of the offence.
5
For the purposes of this regulation —
a
a certificate signed by or on behalf of the prosecutor or the Lord Advocate as to the date on which such evidence as is referred to in paragraphs (2) to (4) came to the prosecutor’s or the Lord Advocate’s knowledge is conclusive evidence of that fact, and
b
a certificate purporting to be so signed is presumed to be so signed unless the contrary is proved.
6
In Scotland, where a constable reasonably believes that a person has committed or is committing an offence, the constable may arrest that person without a warrant.
7
No proceedings for an offence, other than for a summary offence, may be instituted in England, Wales or Northern Ireland except with the consent of the Attorney General or, as the case may be, the Attorney General for Northern Ireland.
8
Whether or not such consent has been given, paragraph (7) does not prevent —
a
the arrest of any person in respect of an offence, or
b
the remand in custody or on bail of any person charged with an offence.
9
In this regulation, “offence” means an offence under these Regulations.
Notices
15
1
This regulation has effect in relation to any notice to be given to a person by the Treasury under regulation 5(1)(a) or (2)(a) or 10(4)(a) .
2
Any such notice may be given —
a
by posting it to the person’s last known address; or
b
where the person is a body corporate which has its registered or principal office in the United Kingdom, by posting it to that office.
3
Where the Treasury do not have an address in the United Kingdom for a person, they must make arrangements for the notice to be given to the person at the first available opportunity.
The Crown
16
1
These Regulations bind the Crown, subject to the following provisions of this regulation.
2
No contravention by the Crown of a provision of these Regulations makes the Crown criminally liable; but the High Court or in Scotland the Court of Session may, on the application of a person appearing to the Court to have an interest, declare unlawful any act or omission of the Crown which constitutes such a contravention.
3
Nothing in this regulation affects Her Majesty in her private capacity; and this is to be construed as if section 38(3) of the Crown Proceedings Act 1947 (meaning of Her Majesty in her private capacity) were contained in these Regulations.
Revocation
17
The following Regulations are revoked —
a
the Zimbabwe (Freezing of Funds, other Financial Assets or Economic Resources) Regulations 2002 ;
b
the Zimbabwe (Freezing of Funds, other Financial Assets or Economic Resources) (Amendment) Regulations 2002 ; and
c
the Zimbabwe (Freezing of Funds and Economic Resources) Regulations 2004 .
Tony Cunningham
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
1st April 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Export Control (Amendment) Order 2009 and shall come into force on 16th June 2009.
2
In this Order, “the 2008 Order ” means the Export Control Order 2008 .
Amendment of parenthetical explanation
2
In article 35(2)(b) of the 2008 Order, after “end-use for” insert “certain military or”.
Sights for small arms and light weapons
3
1
Schedule 1 to the 2008 Order is amended as follows.
2
For paragraph 11 substitute —
11
Goods specified in entry ML1.a., ML1.b., ML1.c. or ML2.a. in Schedule 2 that are designed to be carried, operated and fired by an individual or by three or fewer individuals acting together, other than mortars with a calibre of 100mm or more.
3
In paragraph 12 —
a
after “ML1.d.” insert “or ML2.c. in Schedule 2”;
b
at the end of sub-paragraph (a), omit “and”;
c
after sub-paragraph (a) insert —
aa
weapon sights specified in entry ML5.a. in Schedule 2 that are designed for use with weapons falling within paragraph 11; and
.
Military vessels, etc.
4
For entry ML9 in Schedule 2 to the 2008 Order, substitute the text set out in the Schedule to this Order.
Countries and destinations subject to transit control for category B goods
5
In Part 4 of Schedule 4 to the 2008 Order —
a
after “Albania” insert “Angola”;
b
after “Morocco” insert “Namibia”.
Ian Pearson
Economic and Business Minister
Department for Business, Enterprise and Regulatory Reform
22nd May 2009


text:
Citation and commencement
1
These Regulations may be cited as the Pension Protection Fund (Miscellaneous Amendments) Regulations 2009 and shall come into force on 1st April 2009.
Amendment of the Pension Protection Fund (Entry Rules) Regulations 2005
2
1
The Pension Protection Fund (Entry Rules) Regulations 2005 are amended in accordance with this regulation.
2
In regulation 1(3) (interpretation) —
a
after the definition of “the Authority”, insert —
“ EEA credit institution” means a credit institution, authorised under Directive 2006/48/ EC of the European Parliament and of the Council dated 14th June 2006 relating to the taking up and pursuit of the business of credit institutions, which has its relevant office in an EEA state other than the United Kingdom;
“EEA insurer” means an undertaking, other than a UK insurer, pursuing the activity of direct insurance (within the meaning of Article 2 of the life insurance directive or Article 1 of the first non-life insurance directive) which has received authorisation under Article 4 of the life insurance directive or Article 6 of the first non-life insurance directive from its home state regulator;
“EEA regulator” means a competent authority (within the meaning of Article 1(1) of the life insurance directive or Article 1(k) of the third non-life insurance directive) of an EEA state;
“the first non-life insurance directive” means Council Directive 73/239/ EEC of 24th July 1973 on the co-ordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of direct insurance other than life assurance;
“home state regulator” means the relevant EEA regulator in the EEA state where its head office is located;
;
b
after the definition of “the Insolvency Rules”, insert —
“the life insurance directive” means Directive 2002/83/EC of the European Parliament and of the Council dated 5th November 2002 concerning life assurance;
;
c
after the definition of “public body”, insert —
“relevant office” means —
in relation to a body corporate, its registered office or, if it has no registered office, its head office;
in relation to a person other than a body corporate, the person’s head office;
; and
d
after the definition of “tax registered scheme”, insert —
“the third non-life insurance directive” means Council Directive 92/49/EEC of 18th June 1992 on the co-ordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and amending Directives 73/239/EEC and 88/357/EEC ;
“UK insurer” means a person who has permission under Part 4 of the FSMA to effect or carry out contracts of insurance, but does not include a person who, in accordance with that permission, carries on that activity exclusively in relation to reinsurance contracts.
.
3
After regulations 7(c) (applications and notifications to the Board) and 7A(2)(c) (applications and notifications to the Board – multi-employer schemes) , insert —
d
an EEA credit institution; or
e
an EEA insurer.
.
4
In regulation 10 (confirmation of scheme status by Board) —
a
in paragraph (1), after “regulation 7” insert “or 7A”;
b
in paragraph (3)(a), after “is a company” insert “, an EEA credit institution or an EEA insurer”; and
c
in paragraph (3)(c), after “is a partnership” insert “but is not an EEA credit institution or an EEA insurer”.
5
In regulation 17(2) (payment of scheme benefits) —
a
in sub-paragraph (a), for “an active member” substitute “a member”; and
b
in sub-paragraph (b), for “death in service benefit” substitute “death benefit or a contribution refund (within the meaning of section 101AB(4) of the 1993 Act )”.
6
In regulation 25(b) (form and content of audited scheme accounts), for “true and fair value” substitute “true and fair view”.
Amendment of the Pension Protection Fund (Compensation) Regulations 2005
3
1
The Pension Protection Fund (Compensation) Regulations 2005 are amended in accordance with this regulation.
2
After regulation 15 (manner of determining the revaluation percentage in the case of deferred members who have not attained normal pension age at assessment date), insert —
Modification of Schedule 7 for schemes with no revaluation
15A
1
Where, immediately before the assessment date, the admissible rules of the scheme do not provide for any revaluation of the benefits payable to or in respect of any member, Schedule 7 to the Act is modified in its application to that scheme in accordance with this regulation.
2
Paragraph 11 (active members who have not attained normal pension age at assessment date: periodic compensation) applies to that scheme as if for sub-paragraph (4), there were substituted —
4
In sub-paragraph (3) “the protected notional pension” means the accrued amount.
.
3
Paragraph 14 (active members who have not attained normal pension age at assessment date: lump sum compensation) applies to that scheme as if —
a
for sub-paragraph (4), there were substituted —
4
In sub-paragraph (3) “the protected amount” means the accrued amount.
; and
b
sub-paragraph (8) were omitted.
4
Paragraph 15 (deferred members who have not attained normal pension age at assessment date: periodic compensation) applies to that scheme as if for sub-paragraph (4), there were substituted —
4
In sub-paragraph (3) “the protected pension rate” means the accrued amount.
.
5
Paragraph 19 (deferred members who have not attained normal pension age at assessment date: lump sum compensation) applies to that scheme as if —
a
for sub-paragraph (4), there were substituted —
4
In sub-paragraph (3) “the protected amount” means the accrued amount.
; and
b
sub-paragraph (6) were omitted.
6
Schedule 7 applies to that scheme as if paragraphs 12, 16, 17 and 21(2)(b) and (f) were omitted.
.
Amendment of the Pension Protection Fund (Valuation) Regulations 2005
4
1
The Pension Protection Fund (Valuation) Regulations 2005 are amended in accordance with this regulation.
2
In regulation 1(2) (interpretation) in paragraph (b) of the definition of “relevant accounts”, for “true and fair value” substitute “true and fair view”.
Amendment of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006
5
1
The Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006 are amended in accordance with this regulation.
2
For regulation 3 (power to treat death in service lump sum benefits as having become payable before the assessment date), substitute —
Power to treat benefits as having become payable before the assessment date
3
1
Where this regulation applies, the benefits referred to in paragraph (3) are treated, for the purposes of section 163(2) of the Act (adjustments to be made where the Board assumes responsibility for a scheme), as having become payable before the assessment date.
2
This regulation applies where —
a
a member of an eligible scheme died before the commencement of the assessment period in relation to the scheme; and
b
during the period mentioned in section 163(2)(a) of the Act, a person became entitled under the scheme rules to a benefit referred to in paragraph (3) in respect of that member.
3
The benefits referred to in this paragraph are —
a
a death benefit which is calculated and paid by the trustees or managers of the eligible scheme on or after the assessment date but before the date the trustees or managers receive the transfer notice in respect of that scheme; and
b
a contribution refund within the meaning of section 101AB(4) of the 1993 Act (right to cash transfer sum and contribution refund).
.
3
For the heading to regulation 4 (power to pay death in service lump sum benefits), substitute —
Power to treat benefits as having arisen before the assessment date
.
4
In regulation 4(b), for “death in service lump sum benefit” substitute “death benefit or a contribution refund (within the meaning of section 101AB(4) of the 1993 Act)”.
5
After regulation 4, insert —
Power to pay certain transfer payments and contribution refunds
4A
1
The Board must pay 90% of the rights described in paragraph (2) in the circumstances prescribed in paragraph (3).
2
The rights are —
a
any transfer payment; and
b
any payment in respect of a refund of contributions,
to which a member of the scheme was entitled immediately before the commencement of the assessment period.
3
The circumstances are that —
a
the Board assumes responsibility for a scheme in accordance with Chapter 3 of Part 2 of the Act;
b
the circumstances and conditions prescribed in —
i
regulation 16(1) of the Entry Rules Regulations (restrictions on winding up, discharge of liabilities etc ) ; or
ii
regulation 2 of the Pension Protection Fund (Hybrid Schemes) (Modification) Regulations 2005 (discharge of liabilities in respect of money purchase benefits during the assessment period) ,
were met in respect of the rights;
c
the rights remained unpaid at the time the transfer notice was received by the trustees or managers of the scheme; and
d
the member sends the Board a written request to make a payment in respect of the rights.
.
Amendment of the Pension Protection Fund (Closed Schemes) Regulations 2007
6
1
The Pension Protection Fund (Closed Schemes) Regulations 2007 are amended in accordance with this regulation.
2
In paragraph 1 of Part 1 of the Schedule (valuation of the assets, the full scheme liabilities and the protected liabilities in relation to a closed scheme) in paragraph (b) of the definition of “relevant accounts”, for “true and fair value” substitute “true and fair view”.
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 March 2009


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No.3) Regulations 2009 and come into force on 7th September 2009.
Amendment of Regulations
2
The Road Vehicles (Construction and Use) Regulations 1986 are amended as follows.
Interpretation
3
1
In regulation 3, the Table in paragraph (2) shall be amended as follows.
2
After the expression “The 1984 Act” insert —
The 1988 Act The Road Traffic Act 1988
3
After the expression “The Type Approval for Agricultural Vehicles Regulations” insert —
The Vehicle Approval Regulations The Road Vehicles (Approval) Regulations 2009
Retrofitting and refilling of certain air conditioning systems
4
After regulation 61A, insert —
Retrofitting and refilling of certain air conditioning systems
61B
1
Subject to paragraphs (7), (8), (9) and (10) and Schedule 7XA, this regulation applies to vehicles set out in Article 2 of Directive 2006/40 , regardless of their date of manufacture.
2
Regulation 4(2) does not apply in relation to a vehicle to which this regulation applies.
3
A vehicle type approved on or after 1st January 2011 may not be retrofitted with an air conditioning system designed to contain high-GWP fluorinated greenhouse gases.
4
On or after 1st January 2017, a vehicle may not be retrofitted with an air conditioning system designed to contain high-GWP fluorinated greenhouse gases.
5
A vehicle type approved on or after 1st January 2011 may not be fitted with an air conditioning system containing high-GWP fluorinated greenhouse gases.
6
On or after 1st January 2017, a vehicle may not be fitted with an air conditioning system containing high-GWP fluorinated greenhouse gases.
7
Paragraph (5) does not apply to a vehicle where —
a
it was type approved on or after 1st January 2011, and
b
on the date it was type approved, it was not prevented from being fitted with an air conditioning system containing high-GWP fluorinated greenhouse gases by any pre-requisite for type approval imposed by —
i
the 1988 Act or any regulations made under it, except for this regulation;
ii
the Road Traffic (Northern Ireland) Order 1981 or any regulations made under it; or
iii
the Vehicle Approval Regulations.
8
Paragraph (6) does not apply to a vehicle where —
a
it was registered on or after 1st January 2017, and
b
on the date it was registered, it was not prevented from being fitted with an air conditioning system containing high-GWP fluorinated greenhouse gases by any pre-requisite for registration imposed by —
i
the 1988 Act or any regulations made under it, except for this regulation;
ii
the Road Traffic (Northern Ireland) Order 1981 or any regulations made under it; or
iii
the Vehicle Approval Regulations.
9
Paragraph (6) does not apply to a vehicle where —
a
it was used for the first time on a road in Great Britain on or after 1st January 2017 (this date not being determined, for the purposes of this sub-paragraph, in accordance with regulation 3(3)), and
b
on the date it was first used, it was not prevented from being fitted with an air conditioning system containing high-GWP fluorinated greenhouse gases by any pre-requisite for use imposed by —
i
the 1988 Act or any regulations made under it, except for this regulation;
ii
the Road Traffic (Northern Ireland) Order 1981 or any regulations made under it; or
iii
the Vehicle Approval Regulations.
10
Paragraph (6) does not apply to a vehicle which before 1st January 2017 was fitted with an air conditioning system containing high-GWP fluorinated greenhouse gases.
11
For the purposes of this regulation, a vehicle was type approved if —
a
there has been issued in relation to it —
i
an EC type approval certificate under regulation 4(5) of the EC Whole Vehicle Type Approval Regulations;
ii
an EC type approval certificate under a provision of the law of any EEA State which corresponds to regulation 4(5) of the EC Whole Vehicle Type Approval Regulations;
iii
an EC type approval certificate under regulation 13(3) of the Vehicle Approval Regulations;
iv
an EC type approval certificate under a provision of the law of any EEA State which corresponds to regulation 13(3) of the Vehicle Approval Regulations;
v
a type approval certificate under section 55 of the 1988 Act; or
vi
a Minister’s Approval certificate under section 58(1) of the 1988 Act; or
vii
a certificate under section 58(4) of the 1988 Act by reason of the vehicle conforming with another vehicle in respect of which a Minister’s Approval Certificate was issued under section 58(1) of that Act.
12
In this regulation —
“air conditioning system” means any system whose main purpose is to decrease the air temperature and humidity of the passenger compartment of a vehicle;
“high-GWP fluorinated greenhouse gases” means fluorinated greenhouse gases having a global warming potential higher than 150, “fluorinated greenhouse gases” has the same meaning as in Article 3(5) of Community Directive 2006/40, and “global warming potential” has the same meaning as in Article 3(8) (including the footnote) of Community Directive 2006/40, read in conjunction with the second sentence of Article 3(9) (including the footnote) of the same Directive;
“retrofitted” means fitted to a vehicle after it has been first used.
Amendment of Schedule 2
5
1
Schedule 2 shall be amended as follows.
2
In Table 1 —
a
after item 91 insert —
“91A. 2006/40 17.5.2006 L161, 14.6.2006, p.12 Emissions from air conditioning systems in motor vehicles. ”
b
after item 93 add —
“94. 2007/46 5.9.2007 L263, 9.10.2007, p1 Framework Directive for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles. ”
Amendment of Schedule 2A
6
1
Schedule 2A is amended as follows.
2
In paragraph 1(1) of Part I, after the definition of “goods vehicle approval certificate” insert —
“individual approval certificate” means a certificate issued under regulation 27(10) of the Vehicle Approval Regulations;
3
In Part II, after paragraph 9B, insert —
Modification to regulation 61B (retrofitting and refilling of certain air conditioning systems)
9C
Paragraphs (5) and (6) of regulation 61B shall not apply to a vehicle in relation to which a passenger vehicle approval certificate, a goods vehicle approval certificate or an individual approval certificate has been issued if it complies with the approval requirements for air conditioning systems designed to contain high-GWP fluorinated greenhouse gases.
Amendment of Schedule 7XA
7
1
Schedule 7XA is amended as follows.
2
After paragraph 1(4A), insert —
4B
Paragraphs (5) and (6) of regulation 61B shall not apply to a type approval end of series vehicle, if it has been first used before 1st January 2018 and is lawfully equipped with an air conditioning system designed to contain high-GWP fluorinated greenhouse gases.
3
In paragraph 2(2) —
a
after the words “regulation 61A” where they first appear, insert “or paragraph (5) or (6) of regulation 61B”,
b
after paragraph (a), insert “or”,
c
after paragraph (b), omit paragraph (c) and the word “or” before it,
d
after the words “in certain circumstances defer the date on which certain requirements relating to exhaust emissions,”, insert “air conditioning systems,”,
e
before the words “are the same as the type approval requirements”, insert “or, in relation to paragraph (5) or (6) of regulation 61B, 1st January 2017,”, and
f
at the end, insert “or, in relation to paragraph (5) or (6) of regulation 61B, immediately before 1st January 2017”.
4
In paragraph 2(2A) —
a
after the words “regulation 61A,”, insert “or paragraph (5) or (6) of regulation 61B”; and
b
at the end, insert “, or Article 27 of Community Directive 2007/46”.
5
After paragraph 2(2A), insert —
2B
For the purposes of paragraph 1, a vehicle is a type approval end of series vehicle in relation to —
a
an item numbered 2 or higher in the Table in regulation 55A,
b
an item numbered 10 or higher (other than item 11) in Table II in regulation 61,
c
any provision of any Community Directive specified in item 1 or 2 in the Table in regulation 61A, or
d
paragraph (5) or (6) of regulation 61B,
if a direction given under regulation 12 or 13 of the EC Whole Vehicle Type Approval Regulations or regulation 31 or 32 of the Vehicle Approval Regulations is in force in relation to the vehicle.
6
In paragraph 7(2)(a), after the words “EC Whole Vehicle Type Approval”, insert “nor the Vehicle Approval Regulations”.
Signed by authority of the Secretary of State
C D Mole
Parliamentary Under Secretary of State
Department for Transport
9th August 2009


text:
Citation, commencement and application
1
These Regulations —
a
may be cited as the Environmental Noise (England) (Amendment) Regulations 2009; and
b
come into force on 25th July 2009.
Amendment of the Environmental Noise (England) Regulations 2006
2
The Environmental Noise (England) Regulations 2006 are amended in accordance with regulations 3 to 9.
Amendment of regulation 2 (interpretation)
3
1
Paragraph (2) of regulation 2 (interpretation) is amended as follows.
2
In the definition of “consolidated noise map”, for “regulation 14(2)”, substitute “regulation 14(1)”.
3
At the end of the definition of “Directive”, add “as amended from time to time;”.
Amendment of regulation 3 (identification of noise sources)
4
1
Regulation 3 (identification of noise sources) is amended as follows.
2
In paragraph (2), for “must, in the form of regulations, identify all”, substitute “must publish maps identifying all”.
3
In paragraph (3) —
a
for “must, in the form of regulations, identify”, substitute “must publish maps identifying”; and
b
for “most recent regulations produced”, substitute “most recent maps published”.
Substitution of regulation 13 (identification of quiet areas)
5
For regulation 13 (identification of quiet areas), substitute —
Identification of quiet areas
13
1
The Secretary of State must identify —
a
quiet areas in first round agglomerations; and
b
quiet areas in agglomerations,
in such published form as the Secretary of State considers appropriate.
2
The Secretary of State must —
a
keep the identification of quiet areas in first round agglomerations and agglomerations under review; and
b
make revisions, where the Secretary of State considers it appropriate.
.
Substitution of regulation 14 (duty to publish criteria or limit values and a consolidated noise map) and addition of regulation 14A
6
1
For regulation 14 (duty to publish criteria or limit values and a consolidated noise map), substitute —
Consolidated noise maps
14
1
The Secretary of State may compile a consolidated noise map in respect of any area covered by more than one strategic noise map.
2
In this regulation, “strategic noise map” means a strategic noise map —
a
made or revised pursuant to regulation 7, 11 or 12; and
b
adopted pursuant to regulation 23.
.
2
After regulation 14 (as substituted by paragraph (1)), add —
Duty to publish criteria or limit values
14A
1
The Secretary of State must set out limit values or other criteria for the identification of priorities for action plans (“relevant criteria”) in such published form as the Secretary of State considers appropriate.
2
The Secretary of State must keep the relevant criteria under review and, where the Secretary of State considers it appropriate, make revisions.
.
Amendment of regulation 15 (action plans: general requirements)
7
For paragraph (1)(d) of regulation 15 (action plans: general requirements), substitute —
d
address priorities which must be identified by having regard to the relevant criteria;
.
Amendment of regulation 29 (availability of strategic noise maps, consolidated noise map and action plans)
8
In paragraph (2)(b) of regulation 29 (availability of strategic noise maps, consolidated noise map and actions plans), for “regulation 14(2)” substitute “regulation 14(1)”.
Substitution of regulation 30 (guidance)
9
For regulation 30 (guidance), substitute —
Guidance
30
1
The Secretary of State may issue guidance to a competent authority with respect to the exercise of its functions under these Regulations.
2
A competent authority, in exercising any of its functions under these Regulations, must have regard to guidance issued by the Secretary of State —
a
under paragraph (1) of this regulation;
b
under regulation 30 of these Regulations as it had effect at any time before 25th July 2009,
which is in force at the time the competent authority exercises the functions to which the guidance relates.
.
Hilary Benn
Secretary of State
Department for Environment, Food and Rural Affairs
1st July 2009


text:
Citation and commencement
1
This Order may be cited as the Armed Forces (Prescribed Air Navigation Order Offences) Order 2009 and comes into force on the 31st October 2009.
Interpretation
2
In this Order —
“ the Act ” means the Armed Forces Act 2006;
“ the Order ” means the Air Navigation Order 2005 .
Prescribed Air Navigation Order offences
3
The following Air Navigation Order offences are prescribed Air Navigation Order offences for the purposes of section 49(1) and (4) of the Act —
a
recklessly or negligently acting in a manner likely to endanger an aircraft, or any person in the aircraft, under article 73 of the Order;
b
recklessly or negligently causing or permitting an aircraft to endanger any person or property under article 74 of the Order;
c
entering an aircraft when drunk, or being drunk in an aircraft, under article 75(1) of the Order;
d
when acting as a member of the crew of an aircraft or while carried in an aircraft for the purpose of so acting, being under the influence of drink or a drug to such an extent as to impair his capacity so to act, under article 75(2) of the Order;
e
while in an aircraft, failing to obey a lawful command which the commander of an aircraft may give for the purpose of securing the safety of the aircraft and of persons or property carried in it, or the safety, efficiency or regularity of air navigation, under article 77 of the Order;
f
while in an aircraft, using threatening, abusive or insulting words towards a member of the crew of the aircraft under article 78(a) of the Order;
g
while in an aircraft, behaving in a threatening, abusive, insulting or disorderly manner towards a member of the crew of the aircraft under article 78(b) of the Order; and
h
while in an aircraft, intentionally interfering with the performance by a member of the crew of the aircraft of his duties under article 78(c) of the Order.
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
28th April 2009


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2009 and come into force on 22nd December 2009.
Preliminary
2
Schedule 2 (reduced pollution certificates and the reduced pollution requirements) to the Road Vehicles (Registration and Licensing) Regulations 2002 is amended in accordance with the following regulations.
Amendments to paragraph 1 (interpretation of Schedule)
3
In paragraph 1, insert each of the following definitions at the appropriate place —
“prescribed declarations” means —
a declaration by the responsible person that the prescribed information is correct in relation to a particular eligible vehicle; and
a declaration by the person applying for the reduced pollution certificate that —
that same vehicle has not been modified so as to affect the gaseous emissions engine type approval; and
the information provided in accordance with paragraph 3(3) is correct;
“prescribed information” means the engine type reference of the vehicle, the number of the Gaseous Emissions Engine Type Approval Certificate with which the vehicle conformed on construction and the name and address of the manufacturer or import concessionaire of the vehicle;
and
“responsible person” means a person authorised to make a declaration on behalf of the manufacturer or import concessionaire of an eligible vehicle;
.
Insertion of new paragraph 1A (specified cases)
4
After paragraph 1 insert —
Specified cases
1A
1
Where in a particular case the Secretary of State so specifies, the determination of whether to issue a reduced pollution certificate upon an application in respect of an eligible vehicle shall only be made after a reduced pollution examination.
2
A case which is specified under sub-paragraph (1) is referred to in this Schedule as a “specified case”.
.
Amendments to paragraph 2 (applications for reduced pollution certificates)
5
In paragraph 2 —
a
at the end of sub-paragraph (1), insert “and shall be accompanied by the prescribed fee, the information specified in paragraph 3(3) and, except in a specified case, the prescribed information and the prescribed declarations”; and
b
at the beginning of sub-paragraph (2), insert “In a specified case or where the applicant requests that a reduced pollution examination is carried out,”.
Amendments to paragraph 5 (determination of applications etc. )
6
In paragraph 5 —
a
before sub-paragraph (1), insert —
1
Except in a specified case or where the applicant requests that a reduced pollution examination is carried out, an authorised examiner shall, on the basis of the prescribed information and the prescribed declarations, determine whether to issue a reduced pollution certificate.
;
b
in sub-paragraph (1) —
i
omit “who has carried out a reduced pollution examination”;
ii
for “the eligible vehicle” substitute “an eligible vehicle”;
c
in sub-paragraph (3), omit “that he has examined”; and
d
renumber all the sub-paragraphs except that inserted by paragraph (a) above accordingly.
Amendments to paragraph 6 (contents of a reduced pollution certificate)
7
In paragraph 6 at the beginning of sub-paragraph (g), insert “if appropriate,”.
Amendments to paragraph 8 (re-examination of an eligible vehicle etc.)
8
In paragraph 8 after sub-paragraph (3), add —
4
For the purposes of this paragraph “re-examination” includes an examination of an eligible vehicle not previously examined.
.
Amendments to paragraph 12 (appeal against refusal or revocation of a certificate)
9
In paragraph 12 —
a
in sub-paragraph (1), omit “following a reduced pollution examination”; and
b
in paragraph (2)(a), for “paragraph 5(3)” substitute “paragraph 5(4)”.
Amendments to paragraph 13 (prescribed fees)
10
In paragraph 13 —
a
before sub-paragraph (1), insert —
A1
The prescribed fee for a determination of an application for a reduced pollution certificate, other than in a specified case or where the applicant requests that a reduced pollution examination is carried out, shall be £32.
; and
b
in sub-paragraph (1), for “sub-paragraphs (1) and (3) the prescribed fee for carrying out any examination” substitute “sub-paragraphs (2) and (3) the prescribed fee for a determination of an application for a reduced pollution certificate in a specified case or where the applicant requests that a reduced pollution examination is carried out in respect”.
Signed by the authority of the Secretary of State
Sadiq Khan
Minister of State
Department for Transport
23rd November 2009


text:
Citation and commencement
1
These Regulations may be cited as the Seed Potatoes (England) (Amendment) Regulations 2009 and come into force on 1st October 2009.
Amendment
2
The Seed Potatoes (England) Regulations 2006 are amended as follows.
Regulation 2 (interpretation)
3
In regulation 2(1), after the definition of “seed potatoes”, insert —
“seed potatoes of a conservation variety” means any variety of seed potatoes accepted by any member State into its national catalogue of varieties of agricultural plant species in accordance with Article 3 of Commission Directive 2008/62/ EC providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for the marketing of seed and seed potatoes of those landraces and varieties;
.
Insertion of new regulation 4A
4
After regulation 4, insert —
Marketing of conservation varieties
4A
1
No person shall market seed potatoes of a conservation variety unless —
a
the variety is listed in the National List of varieties of potato species prepared and published in accordance with regulation 3 of the Seeds (National Lists of Varieties) Regulations 2001; and
b
those seed potatoes have been produced in the United Kingdom.
2
A person proposing to produce seed potatoes of a conservation variety shall, before doing so, supply the Secretary of State, in such manner and form as the Secretary of State requires, with details in writing of the size and location of the area to be used to produce that seed.
3
For the purposes of Articles 14 and 15(2) of Commission Directive 2008/62/EC , the Secretary of State may specify the maximum amount of seed potatoes of a conservation variety that may be marketed in any given production season; and different maxima for different persons or classes of persons may be specified.
4
The amount of seed potatoes of a conservation variety marketed by a person shall not exceed any maximum amount specified under paragraph (3) in relation to that person.
5
Any person marketing seed potatoes of a conservation variety shall supply the Secretary of State, on written demand, with details in writing of the amount and variety of the seed potatoes placed on the market during each production season.
.
Schedule 2 (official label)
5
In Part 1 of Schedule 2, after paragraph 8, insert —
8A
In the case of seed potatoes of a conservation variety, in addition to the requirements of paragraphs 1 to 8, an official label shall contain the further information required by Article 18 of Commission Directive 2008/62/EC .
.
Jim Fitzpatrick
Minister of State
Department for Environment, Food and Rural Affairs
27th August 2009


text:
Citation, commencement and application
1
These Regulations may be cited as the Animals (Divisional Veterinary Managers) Regulations 2009; they apply in England and come into force on 1st November 2009.
Amendments to the Products of Animal Origin (Import and Export) Regulations 1996
2
1
The Products of Animal Origin (Import and Export) Regulations 1996 are amended in accordance with this regulation.
2
In regulation 1(2) delete the definition of “Divisional Veterinary Manager”.
3
In regulations 13(5) and (6) and 16(8), for the words “the appropriate Divisional Veterinary Manager”, in each place that they occur, substitute “the Secretary of State”.
Amendment to the Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2006
3
1
The Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2006 are amended in accordance with this regulation.
2
In regulation 2(1) delete the definition of “Divisional Veterinary Manager”.
3
In regulations 21(4) and 23(1) for the words “Divisional Veterinary Manager” substitute the words “Secretary of State”.
Amendment to the Avian Influenza (Preventive Measures) (England) Regulations 2006
4
In regulation 13 of the Avian Influenza (Preventive Measures) (England) Regulations 2006 , for “the Divisional Veterinary Manager appointed by the Secretary of State for the area in which the bird is located” substitute “the Secretary of State”.
Amendment to the Avian Influenza (Vaccination) (England) Regulations 2006
5
In regulation 11 of the Avian Influenza (Vaccination) (England) Regulations 2006 , for “Divisional Veterinary Manager appointed by the Secretary of State for the area in which that bird is located” substitute “Secretary of State”.
Amendment to the Bluetongue Regulations 2008
6
1
The Bluetongue Regulations 2008 are amended in accordance with this regulation.
2
Regulation 8(3) is revoked.
3
In regulations 8(1)(a) and (2) and 11(b) for the words “Divisional Veterinary Manager” substitute the words “Secretary of State”.
Jim Fitzpatrick
Minister of State
Department for Environment, Food and Rural Affairs
6th October 2009


text:
Citation and commencement
1
1
This Order may be cited as the Neath Harbour Revision (Constitution) Order 2009 and comes into force on 21st August 2009.
2
The Neath Harbour Acts 1843 to 1924 and this Order may be cited together as the Neath Harbour Acts and Orders 1843 to 2009.
Interpretation
2
In this Order —
“the Authority” means the Neath Port Authority or, in respect of any period prior to the new constitution date, the Commissioners;
“the Commissioners” means the Neath Harbour Commissioners;
“the Council” means the Neath Port Talbot County Borough Council;
“the new constitution date” means 1st October 2009;
“the Operations Manager” means the Neath Harbour Operations Manager.
Constitution of Authority
3
1
On and after the new constitution date, the Commissioners shall be known as the Neath Port Authority and, subject to article 8, shall consist of —
a
seven members appointed by the Authority;
b
two members appointed by the Council; and
c
the Operations Manager.
2
Each member appointed under paragraph (1)(a) or (b) must be a person who appears to the body making the appointment to have special knowledge, experience or ability appropriate to the efficient and economic discharge by the Authority of its functions including in particular (but without prejudice to the generality of the foregoing) special knowledge, experience or ability in one or more of the following matters —
a
commerce;
b
maritime activities;
c
health and safety;
d
management;
e
public relations and community issues;
f
industrial relations;
g
shipping, fishing or cargo handling;
h
accountancy or financial management;
i
boating and other water related leisure activities;
j
environmental matters affecting harbours; and
k
any other skills and abilities considered from time to time by the appointing body to be relevant to the discharge by the Authority of its functions.
3
The body making the appointment must secure, so far as reasonably practicable, that the members appointed by it will, between them, have special knowledge, experience and ability in a broad and complementary range of matters relevant to the efficient and economic discharge by the Authority of its functions.
4
In making an appointment under paragraph (1)(a) or (b) or article 8 or a co-option under article 4, the Authority and the Council must act in accordance with any guidance issued by the Secretary of State from time to time with respect to the exercise of such functions.
Power to co-opt additional members
4
The members referred to in article 3(1) and article 8 may at any time co-opt not more than two persons to serve as members of the Authority for such period not exceeding twelve months as the co-opting members may specify at the time of co-option.
Declaration to be made by members
5
No person may act as a member until that person has made the declaration set out in Schedule 1 to this Order; and a person shall cease to be a member who fails to make that declaration within three months of the date of appointment.
Appointment and terms of office of first members
6
1
The Authority and the Council must appoint the first members to be appointed by them under article 3(1)(a) and (b) before, or as soon as reasonably practicable, after 21st August 2009.
2
The Authority and the Council must appoint the person who is at the date when they make appointments under paragraph (1) the chair of the Commissioners to be one of the first such appointed members.
3
That person shall, subject to paragraphs 11 and 12 of Schedule 2, hold office as a member from the new constitution date until 30th September 2013.
4
On and after the new constitution date, and subject to paragraphs 2 and 7 of Schedule 2, that person shall be the chair of the Authority.
5
Of the first members (other than the chair and the Operations Manager) appointed under paragraph (1) —
a
two shall hold office until 30th September 2010;
b
three shall hold office until 30th September 2011; and
c
three shall hold office until 30th September 2012;
as the Authority and the Council respectively shall specify when they make each of those appointments.
Terms of office of other members
7
A member appointed by the Authority or the Council (other than a member appointed under article 6) shall, unless appointed to fill a casual vacancy and subject to the provisions of this Order, hold office for the period of three years starting on 1st October next following that member’s appointment.
Casual vacancies
8
1
A casual vacancy arising in the office of a member appointed by the Authority or the Council under article 3(1) must, unless it is not reasonably practicable to do so, be filled by the appointment of a member by the Authority or the Council respectively as the case may be and in accordance with article 3(2) to (4).
2
A member appointed to fill a casual vacancy under this article shall, subject to articles 5 and 9 and paragraph 11 of Schedule 2, hold office (unless that member otherwise ceases to be a member) during the remainder of the term for which the member whom that member replaces was appointed.
Disqualification of members
9
If the members holding office under article 3(1) are satisfied that a member —
a
has been absent from the meetings of the Authority for three consecutive months or more without the permission of the members;
b
has become bankrupt or made an arrangement with his creditors;
c
is incapacitated by physical or mental illness from discharging the functions of a member; or
d
is otherwise unable or unfit to discharge the functions of a member;
those members may declare the office of that member to be vacant and on the date of that declaration that member shall cease to be a member..
Payments to members
10
1
The Authority may pay to each member such expenses as the Authority may determine.
2
The Authority may pay the chair such reasonable remuneration as the Authority may determine.
Indemnity insurance for the members
11
The Authority may enter into, and pay premiums for, a contract of insurance to indemnify the members jointly or severally against personal liability arising from any act or omission of the members or of any of them, not being an act or omission by any member which the members in question knew to be a breach of that member’s duty or concerning which that member was reckless as to whether it was such a breach.
Incidental provisions relating to members
12
On and after the new constitution date the provisions of Schedule 2 to this Order have effect.
Publication of Authority’s annual statement of accounts
13
As soon as reasonably practicable after its annual statement of accounts is prepared, the Authority must —
a
make available a copy of the statement for a period of three months at the offices of the Authority for inspection free of charge by members of the public;
b
subject to the payment of a reasonable charge, supply a copy of the statement to any person who requests to be supplied with a copy; and
c
send a copy of the statement to the proper officer of the Council.
Borrowing powers
14
1
Subject to paragraph (2), the Authority may from time to time borrow, upon the security of its assets for the time being or of its revenues or both, by any methods it sees fit —
a
such sums of money as it considers necessary not exceeding five million pounds (or that sum as adjusted in accordance with article 16); and
b
with the consent of the Secretary of State, such further sums of money as it may require.
2
In calculating the aggregate sums of money borrowed by the Authority under paragraph (1), there shall be excluded any sums borrowed for the purpose of repaying, within twelve months of the date of borrowing, any sum for the time being outstanding by way of principal on any amount previously borrowed.
3
Monies borrowed by the Authority under this article may only be applied to purposes to which capital money is properly applicable.
4
For the purposes of paragraph (3), but without prejudice to the generality of that paragraph, purposes to which capital money is properly applicable include —
a
the payment of any interest, falling due within five years immediately following the date of borrowing, on any sum borrowed by the Authority under this article; and
b
the repayment, within twelve months of borrowing, of any sum for the time being outstanding by way of principal on any amount previously borrowed.
Temporary borrowing powers
15
1
The Authority may temporarily, by way of overdraft or otherwise, borrow such sums of money as the Authority may require.
2
The total amount outstanding at any one time of money borrowed under paragraph (1) must not exceed two hundred and fifty thousand pounds (or that sum as adjusted in accordance with article 16).
CPI adjustment of borrowing limits
16
1
On each anniversary of the new constitution date the Authority must calculate an adjustment of the figures mentioned in articles 14(1)(a) and 15(2) in line with any movement (calculated to one decimal place) in the CPI which occurred during the year ended on 31st December immediately preceding the anniversary in question.
2
Any adjustment calculated under paragraph (1) must be recorded in the next following annual statement of accounts prepared by the Authority.
3
In paragraph (1), “CPI” means the general index of consumer prices for all items published in the monthly publication of the Office for National Statistics known as “Monthly Digest of Statistics”, or any successor from time to time of that index.
Advisory bodies
17
1
The Authority must establish one or more advisory body or bodies which the Authority must consult on all matters substantially affecting the management, maintenance, improvement, conservation or regulation of the harbour and its navigation.
2
The Authority must make arrangements for every such advisory body to meet not less than twice a year provided that there is sufficient business to be transacted.
3
The Authority must take into consideration any matter, recommendation or representation which may from time to time be referred or made to it by such an advisory body whether or not that advisory body has been consulted by the Authority on the matter, recommendation or representation so referred or made.
4
The advisory body or bodies established pursuant to this article shall consist of such number or numbers of persons appointed by the Authority as the Authority from time to time considers appropriate being persons whom the Authority considers to be representative of stakeholder interests in the harbour.
5
The chair of the Authority shall also be the chair of any such advisory body but subject to that the advisory body may determine its own quorum and procedure.
6
An individual member of any such advisory body may, on giving notice in writing to the clerk, send a substitute to any meeting of the body.
7
Subject to paragraph (8), a member of such an advisory body holds office for the period of three years from the date of appointment and at the end of that period shall be eligible for reappointment.
8
A member of such an advisory body may resign from office at any time by notice in writing given to the clerk and, in the case of a member appointed as representative of a particular stakeholder interest, may also be replaced at any time by notice in writing given by that interest to the clerk.
General powers
18
1
Subject to the Neath Harbour Acts and Orders 1843 to 2009, the Authority may take such steps from time to time as it considers necessary or desirable for the maintenance, operation and improvement of the harbour and the accommodation and facilities (including navigation facilities) available in or in connection with the harbour.
2
Without prejudice to the generality of paragraph (1) but subject to the Neath Harbour Acts and Orders 1843 to 2009, the Authority may —
a
do any other thing (including the provision of facilities or the carrying on of any business) which the Authority considers to be in the interests of the proper carrying on or development of the harbour or can advantageously be undertaken by the Authority by virtue of its activities in relation to the harbour; and
b
turn the Authority’s resources to account so far as not required for the purposes of the harbour undertaking.
Charges for services and facilities
19
1
In addition to its power to demand ship, passenger and goods dues under section 26 of the Harbours Act 1964, the Authority may demand, take and recover such charges for services and facilities provided by it as it may from time to time determine.
2
The Authority may confer total or partial exemptions from, allow rebates to or make compositions with, any person with respect to charges, and may vary or extinguish any such exemption or composition.
3
Nothing in section 30 of the Harbours Act 1964 shall require the Authority to include in the list of ship, passenger and goods dues kept at the harbour office, as required by subsection (1) of that section, charges reduced by a rebate allowed on, or subject to a compounding arrangement in respect of, a due included in that list.
Repeals
20
On the new constitution date, the instruments mentioned in the first and second columns of Schedule 3 are repealed to the extent specified in the third column of that Schedule.
Signed by authority of the Secretary of State for Transport
R C Bennett
Head of Ports Division
Department for Transport
14th August 2009