text:
Citation and commencement
1
These Regulations may be cited as the Identification and Traceability of Explosives Regulations 2010 and shall come into force on 5th April 2012.
Interpretation
2
1
In these Regulations —
“Class 1” means Class 1 in respect of explosives or the classification of dangerous goods as set out in the UN Recommendations;
“distributor” means a person in the supply chain, other than a manufacturer or an importer, who makes an explosive available on the market and “distributes” and “distribution” shall be construed accordingly;
“explosive” means an explosive article or substance which has been classified in accordance with the UN Recommendations as falling within Class 1;
“explosive article” means an article containing one or more explosive substances;
“explosive substance” means —
a solid or liquid substance, or
a mixture of solid or liquid substances or both,
which is capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such a speed as could cause damage to surroundings or which is designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as a result of non-detonative, self-sustaining, exothermic chemical reactions;
“manufacture” includes —
in relation to explosive articles, their repair, modification, disassembly or unmaking; and
in relation to explosive substances, their reprocessing, modification or adaptation;
“site”, in relation to the definition of “transfer” and regulations 5(2) and 7(2), means the whole area under the control of the same person and, for these purposes —
all places adjoining each other under the control of the same person shall be treated as a whole area; and
two or more areas under the control of the same person separated only by a road, railway or inland waterway shall be treated as a whole area;
“transfer” means any physical movement of explosives apart from movement within one site; and
“UN Recommendations” means the United Nations Recommendations on the Transport of Dangerous Goods (based on those originally prepared by the United Nations Committee of Experts on the Transport of Dangerous Goods considered by the Economic and Social Committee of Experts at its twenty-third session (Resolution 645G ( XXIII ) of 26th April 1957)) as revised or reissued from time to time.
2
In these Regulations, any reference to acquiring an explosive shall mean acquiring possession of or property in such explosive.
3
Where an explosive is transported (including being loaded or unloaded and during breaks which are reasonably incidental to completing the journey within a reasonable length of time), the explosive shall not be treated as being kept or acquired by a person who has possession of it only by reason of being —
a
a carrier;
b
a person engaged in the work of loading or unloading; or
c
the occupier of a place it passes through while on the journey.
Application and extension outside Great Britain
3
1
These Regulations apply to every explosive except the following —
a
ammunition the acquisition of which is regulated or prohibited by virtue of the Firearms Acts 1968 to 1997 ;
b
an explosive which it is shown is intended for lawful use by the armed forces or the police of any country;
c
a pyrotechnic article;
d
an explosive which is transported and delivered without packaging or in a mobile explosives manufacturing unit for its direct unloading into the blast-hole; and
e
an explosive which is used immediately at the place of manufacture.
2
These Regulations shall apply outside Great Britain to and in relation to the acquisition or keeping of an explosive on premises to which, or in relation to which, the specified provisions apply by virtue of the 2001 Order , as those provisions apply to and in relation to the acquisition or keeping of an explosive in Great Britain.
3
In this regulation —
a
“the 2001 Order” means the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 ;
b
“mobile explosives manufacturing unit” means a unit, or vehicle mounted with a unit, for manufacturing and charging explosives from dangerous goods that are not explosives, with the unit consisting of various tanks, bulk containers and related equipment;
c
“pyrotechnic article” means any article containing explosive substances or an explosive mixture of substances designed to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions; and
d
“specified provisions” means sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974.
Unique identification
4
1
Subject to paragraphs (3) and (4), any person who manufactures an explosive shall, as soon as is practicable after that manufacture and before transfer of the explosive —
a
mark each explosive item in respect of the explosive with a unique identification in accordance with Schedule 2;
b
where an associated label in respect of that marking is required by that Schedule, attach the label in accordance with those requirements; and
c
where a passive inert electronic tag or associated tag is to be applied in respect of that marking, place that tag in accordance with the applicable provisions of that Schedule.
2
The unique identification shall —
a
comprise the components described in Schedule 1; and
b
be marked on or firmly affixed to the explosive item concerned in a way which ensures that it is durable and clearly legible.
3
Paragraph (1) shall not apply where the explosive is manufactured for export and is marked with an identification in accordance with the requirements of the importing country for allowing traceability of the explosive.
4
Where an explosive is subject to a further manufacturing process after its original manufacture, the manufacturer shall mark each explosive item in respect of the explosive subjected to that further process, with a new unique identification only if the original unique identification is no longer marked in the way that paragraph (2)(b) requires and any new marking so required shall be done as soon as is practicable after that further process and before transfer of the explosive.
5
Subject to paragraph (7), a person who imports an explosive into Great Britain shall, as soon as is practicable after import and before acquisition of the explosive by another person —
a
mark each explosive item in respect of the explosive with a unique identification in accordance with Schedule 2;
b
where an associated label in respect of that marking is required by that Schedule, attach the label in accordance with those requirements; and
c
where a passive inert electronic tag or associated tag is to be applied in respect of that marking, place that tag in accordance with the applicable provisions of that Schedule.
6
An importer who, pursuant to paragraph (5), is to mark the explosive items with a unique identification and apply any labels and tags referred to in that paragraph shall apply measures to ensure, so far as is reasonably practicable, the security and safekeeping of the explosive while it is awaiting that marking or the application of any of those labels and tags.
7
Paragraph (5) shall not apply where the explosive items are marked with a unique identification before importation.
8
Where a distributor repackages an explosive, the distributor shall ensure that —
a
the explosive items in respect of the explosive have the unique identification marked on or affixed to them in accordance with Schedule 2;
b
where an associated label in respect of that marking is required by that Schedule, the label is attached in accordance with those requirements; and
c
where a passive inert electronic tag or associated tag is applied in respect of that marking, that tag is placed in accordance with the applicable provisions of that Schedule.
9
In this regulation, “explosive item” means an explosive article, a container containing an explosive substance or each smallest packaging unit containing explosive.
Attribution of manufacturing site codes
5
1
This regulation applies for the purposes of the attribution of a three digit code (referred to in this regulation as the “code”) to a site where explosives are manufactured, which is unique to that site and is a component of the unique identification described in Schedule 1.
2
For each site within Great Britain at which explosives are manufactured —
a
the manufacturer shall apply to the Executive for it to attribute a code for the site; and
b
the Executive shall attribute the code and inform the manufacturer accordingly.
3
For the purposes of the attribution of a code to a site where explosives are manufactured in a country that is not a member State —
a
paragraph (4) applies where the manufacturer is established in a member State and the place of import of the explosive is Great Britain;
b
paragraph (5) applies where the manufacturer is not established in a member State and the place of import of the explosive is Great Britain; and
c
paragraph (6) applies where the manufacturer is established in Great Britain and the place of import of the explosive is either Northern Ireland or a member State other than the United Kingdom.
4
Where this paragraph applies —
a
in the case where the manufacturer is established in Great Britain —
i
the manufacturer shall apply to the Executive for it to attribute a code for the site where the explosives are manufactured; and
ii
the Executive shall attribute the code and inform the manufacturer accordingly; and
b
in the case where the manufacturer is established in Northern Ireland or a member State other than the United Kingdom —
i
the Executive shall attribute a code for the site where the explosives are manufactured when it receives a request from the manufacturer to do so; and
ii
the Executive shall inform the manufacturer accordingly.
5
Where this paragraph applies —
a
the importer shall apply to the Executive for it to attribute a code for the site where the explosives are manufactured; and
b
the Executive shall attribute the code and inform the importer accordingly.
6
Where this paragraph applies, the manufacturer shall apply to —
a
the Secretary of State for Northern Ireland, where the place of import of the explosive is Northern Ireland; or
b
the national authority of the member State of import of the explosive,
for that Secretary of State or that national authority, as the case may be, to attribute a code for the site where the explosives are manufactured.
Records
6
1
Subject to paragraph (2), a person (referred to in this regulation as “that person”) who manufactures, imports, distributes, acquires or keeps any explosive shall, in respect of any explosive manufactured in, or imported into, Great Britain on or after 5th April 2012, keep a record in respect of that explosive containing the information referred to in paragraph (3).
2
The duty imposed by paragraph (1) shall not apply to —
a
an employee of that person acting in the course of that person’s business, where the manufacture, importation, distribution, acquisition or keeping of explosives concerned is that business or a part of it; or
b
individuals who acquire any explosive, otherwise than in connection with their work, solely for their own personal use.
3
The information referred to in paragraph (1) is —
a
the means of identifying and describing the explosive, including —
i
its type; and
ii
the unique identification in relation to the explosive;
b
the location of the explosive while it is in the possession of that person;
c
the name and address of any person to whom the explosive is transferred;
d
the name of any employee of that person to whom the explosive is given to use; and
e
whether the explosive has been subjected to a further manufacturing process after its original manufacture, used, transferred or destroyed while in the possession of that person and the date of any such further manufacturing process, use, transfer or destruction.
4
The record of that information shall be kept up to date as necessary by that person.
5
The system applied by that person for collecting the information shall be tested by that person at regular intervals to ensure its effectiveness and the quality of the information recorded.
6
That person shall keep the record for a period of ten years from the date when the explosive concerned was used, transferred or destroyed.
7
The record shall be protected by that person against accidental or malicious damage or destruction.
8
That person shall provide the enforcing authority with —
a
information as to the origin and location of each explosive to which the record relates, where the enforcing authority requests it; and
b
the name of an employee or other person who would be able to provide them with that information at any time and the details necessary for that authority to be able to contact that individual.
9
Where a business of that person which manufactures, imports, distributes, acquires or keeps explosives is to cease to trade, that person shall notify the enforcing authority of that fact and provide any record still required to be kept pursuant to paragraph (6) to that authority, who shall keep that record for the remainder of the period referred to in that paragraph.
Enforcement
7
1
The Executive shall be the enforcing authority for —
a
regulation 5, to the extent that it imposes requirements on manufacturers of explosives who are established within Great Britain and importers of explosives into Great Britain; and
b
subject to paragraph (2), the remainder of these Regulations as they apply within Great Britain and as they apply to any area outside Great Britain.
2
The enforcing authority for regulations 4 and 6 at a site —
a
in relation to which a person holds a licence granted under regulation 13 of the 2005 Regulations by the chief officer of police for the area in which the site is situated; or
b
in relation to which a person is registered under regulation 11 of the 2005 Regulations by the chief officer of police for the area in which the site is situated,
shall be that chief officer of police.
3
For the purposes of this regulation —
“the 2005 Regulations” means the Manufacture and Storage of Explosives Regulations 2005 ;
“chief officer of police” —
in relation to England and Wales, has the same meaning as in section 101(1) of the Police Act 1996 ; and
in relation to Scotland, means the person appointed to the office of chief constable pursuant to section 4 of the Police (Scotland) Act 1967 .
West of Spithead
Parliamentary Under Secretary of State
Home Office
25th March 2010


type: legislation

jurisdiction: UK

text:
Title and commencement
1
These Regulations may be cited as the Seed Potatoes (England) (Amendment) Regulations 2010 and come into force on 1st July 2010.
Amendments to the Seed Potatoes (England) Regulations 2006
2
1
The Seed Potatoes (England) Regulations 2006 are amended as follows.
2
For paragraph 4 of Schedule 1, substitute —
4
1
No growing crop certificate shall be issued containing a statement that seed potatoes are capable of being marketed as pre-basic seed potatoes of any class unless the authorised officer is satisfied that the land on which the seed potatoes are growing or were grown —
a
is land which, as a result of a soil test carried out by the Secretary of State prior to the planting of the crop, has been found not to be contaminated with Potato Cyst Nematode ( Globodera species infesting potatoes);
b
is not demarcated under Schedule 15 to the Plant Health (England) Order 2005 as infested with a European population of Potato Cyst Nematode; and
c
has not been used for growing potatoes at any time during the 7 years immediately preceding the planting of the crop.
2
But sub-paragraph (1)(a) does not apply in the case of seed potatoes grown in a soil- free medium.
.
3
For paragraph 7 of Schedule 1, substitute —
7
1
No growing crop certificate shall be issued containing a statement that seed potatoes are capable of being marketed as basic seed potatoes of any class unless the authorised officer is satisfied that the land on which the seed potatoes are growing or were grown —
a
is land which, as a result of a soil test carried out by the Secretary of State prior to the planting of the crop, has been found not to be contaminated with Potato Cyst Nematode ( Globodera species infesting potatoes);
b
is not demarcated under Schedule 15 to the Plant Health (England) Order 2005 as infested with a European population of Potato Cyst Nematode; and
c
has not been used for growing potatoes at any time during the 5 years immediately preceding the planting of the crop.
2
But sub-paragraph (1)(a) does not apply in the case of seed potatoes grown in a soil-free medium.
.
4
For paragraph 10 of Schedule 1, substitute —
10
1
No growing crop certificate shall be issued containing a statement that seed potatoes are capable of being marketed as certified seed potatoes unless the authorised officer is satisfied that the land on which the seed potatoes are growing or were grown —
a
is land which, as a result of a soil test carried out by the Secretary of State prior to the planting of the crop, has been found not to be contaminated with Potato Cyst Nematode ( Globodera species infesting potatoes);
b
is not demarcated under Schedule 15 to the Plant Health (England) Order 2005 as infested with a European population of Potato Cyst Nematode; and
c
has not been used for growing potatoes at any time during the 4 years immediately preceding the planting of the crop.
2
But sub-paragraph (1)(a) does not apply in the case of seed potatoes grown in a soil- free medium.
.
5
In Schedule 3, Part II —
a
in columns 3 and 4, for the symbol “ — ” opposite “Blight ( Phytophthora infestans (Mont.) de Bary)”, substitute the symbol “)”;
b
in column 3, for “3.0%” in relation to Groups III , IV and V in column 1, substitute “5.0%”; and
c
in column 4, for “4.0%” in relation to Groups II , III, IV and V in column 1, substitute “5.0%”.
6
In Schedule 3, Part III —
a
in column 3, for “4.0%” in relation to Groups III and IV in column 1, substitute “5.0%”; and
b
in column 4, for “4.0%” in relation to Groups II, III, IV and V in column 1, substitute “5.0%”.
Henley
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
28th May 2010


text:
Citation, commencement and extent.
1
1
This Order may be cited as the Health and Social Care Act 2008 (Consequential Amendments) Order 2010 and shall come into force on 6th April 2010.
2
This Order extends to England and Wales only.
Amendment to Water Industry Act 1991
2
In Schedule 4A to the Water Industry Act 1991 (premises that are not to be disconnected for non-payment of charges), for paragraph 4 substitute the following paragraph —
4
A hospital as defined by section 275 of the National Health Service Act 2006 in relation to England or section 206 of the National Health Service (Wales) Act 2006 in relation to Wales.
.
Signed by authority of the Secretary of State for Health.
Gillian Merron
Minister of State,
Department of Health
9th March 2010


text:
PART 1 Introductory
Citation, commencement and interpretation
1
1
This Order may be cited as the General Pharmaceutical Council (Constitution) Order 2010 and comes into force on 12th March 2010.
2
In this Order —
“ the Order ” means the Pharmacy Order 2010;
“chair” means the chair of the Council;
“final outcome”, in relation to any proceedings where there are rights of appeal, means the outcome of the proceedings —
once the period for bringing an appeal has expired without an appeal being brought; or
if an appeal is brought in accordance with those rights, once those rights have been exhausted;
“licensing body” means any body, other than the Council, anywhere in the world that licenses or regulates any profession;
“member”, unless the context otherwise requires, means a registrant member or a lay member and includes the chair; and
“spent conviction” means —
in relation to a conviction by a court in Great Britain, a conviction that is a spent conviction for the purposes of the Rehabilitation of Offenders Act 1974 ; or
in relation to a conviction by a court in Northern Ireland, a conviction that is a spent conviction for the purposes of the Rehabilitation of Offenders (Northern Ireland) Order 1978 .
PART 2 Membership of the Council
Composition of the Council
2
The Council is to consist of 7 registrant members and 7 lay members.
Terms of office of members
3
1
The duration of the term of office of each member of the Council is to be determined by the Privy Council, on appointment.
2
No member of the Council may hold office as a member of the Council for more than an aggregate of 8 years during any period of 20 years.
Education and training of members
4
The Council is to make provision in standing orders with respect to the requirements that are to apply in respect of the education and training of members of the Council, and those standing orders may provide for —
a
that education and training to be the responsibility of another body; and
b
those requirements to be set and varied by that body from time to time.
Disqualification for appointment as a member
5
A person is disqualified for appointment as a member of the Council if that person —
a
has at any time been convicted of an offence involving dishonesty or deception in the United Kingdom and the conviction is not a spent conviction;
b
has at any time been convicted of an offence in the United Kingdom, and —
i
the final outcome of the proceedings was a sentence of imprisonment or detention, and
ii
the conviction is not a spent conviction;
c
has at any time been removed —
i
from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners, the Charity Commission, the Charity Commission for Northern Ireland or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity —
aa
for which the person was responsible or to which the person was privy, or
bb
which the person by their conduct contributed to or facilitated, or
ii
under —
aa
section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (powers of the Court of Session to deal with management of charities), or
bb
section 34(5)(e) of the Charities and Trustee Investment (Scotland) Act 2005 (powers of the Court of Session),
from being concerned with the management or control of any body.
d
has at any time been removed from office as the chair, or a member, convenor or director, of any public body on the grounds that it was not in the interests of, or conducive to the good management of, that body that the person should continue to hold that office;
e
at any time been adjudged bankrupt or sequestration of the person’s estate has been awarded, and
i
the person has not been discharged, or
ii
the person is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986 or Schedule 2A of the Insolvency (Northern Ireland) Order 1989 or sections 56A to 56K of the Bankruptcy (Scotland) Act 1985 (which relate to bankruptcy restrictions orders and undertakings);
f
has at any time made a composition or arrangement with, or granted a trust deed for, the person’s creditors and the person has not been discharged in respect of it;
g
is a person to whom a moratorium period under a debt relief order under Part VIIA of the Insolvency Act 1986 (debt relief orders) applies, or is the subject of a debt relief restrictions order or an interim debt relief restrictions order under Schedule 4ZB to that Act (debt relief restrictions order and undertaking) ;
h
is subject to —
i
a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986 ,
ii
a disqualification order under Part II of the Companies (Northern Ireland) Order 1989 (company directors disqualification),
iii
a disqualification order or a disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002 , or
iv
an order made under section 429(2) of the Insolvency Act 1986 (disabilities on revocation of a county court administration order);
i
has been included by —
i
the Independent Barring Board in a barred list (within the meaning of the Safeguarding Vulnerable Groups Act 2006 or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 ), or
ii
the Scottish Ministers in the children’s list or the adults’ list (within the meaning of the Protection of Vulnerable Groups (Scotland) Act 2007 );
j
has at any time been subject to any investigation or proceedings concerning the person’s fitness to practise by any licensing body, the final outcome of which was —
i
the person’s entry in a register held by the licensing body is suspended,
ii
the person’s entry is removed from a register held by the licensing body or there has been a decision that had the effect of preventing the person from practising the profession licensed or regulated by the licensing body, or
iii
a decision allowing the person to practise that profession subject to conditions and those conditions have not been lifted;
k
has at any time been subject to any investigation or proceedings concerning the person’s fitness to practise by the Council, in the course of which or where the final outcome was that —
i
the person’s entry in the Register, or part of the Register, was suspended (including by an interim suspension order) and the order imposing that suspension has not been lifted,
ii
the person’s entry in the Register, or part of the Register, was removed (for a reason connected with the person’s fitness to practise), or
iii
the person’s entry in the Register, or part of the Register, was made subject to an order imposing conditions with which the person must comply (including by an order for interim conditional entry) and that order has not been lifted;
l
has at any time been the subject of any investigation or proceedings relating to an allegation that the person’s entry in the Register, or part of the Register, was fraudulently procured or incorrectly made, the final outcome of which was the removal of the person’s entry from the Register or part of the Register;
m
has at any time been subject to any investigation or proceedings concerning the person’s fitness to practise by —
i
any licensing body, or
ii
the Council,
and the Privy Council is satisfied that the person’s membership of the Council would be liable to undermine public confidence in the regulation of registered pharmacists or pharmacy technicians; or
n
has at any time been convicted of an offence elsewhere than in the United Kingdom and the Privy Council is satisfied that the person’s membership of the Council would be liable to undermine public confidence in the regulation of registered pharmacists or pharmacy technicians.
Removal of members from office
6
1
A member must be removed from office by the Privy Council, if —
a
the member resigns, which a member may do at any time by a notice in writing to the Privy Council;
b
in the case of —
i
a registrant member, the member’s entry in the Register, or part of the Register, ceases to be valid, or
ii
a lay member, that member becomes a person who no longer satisfies the criteria for being a lay member in paragraph 1(1)(b) of Schedule 1 to the Order (membership: general);
c
the member becomes a person of the type mentioned in article 5(a), (b) or (e) to (j) (irrespective of whether or not they subsequently cease to be a person of the type mentioned in those provisions);
d
the member becomes a person of the type mentioned in article 5(c) or (d);
e
in the case of a registrant member, the member has become the subject of any investigation or proceedings concerning the member’s fitness to practise by the Council, as a result of which —
i
the member’s entry in the Register, or part of the Register, is suspended,
ii
the member’s entry is removed from the Register or part of the Register,
iii
the member’s entry in the Register, or part of the Register, is made subject to an order imposing conditions with which the member must comply,
and the proceedings relating to that particular sanction have reached their final outcome;
f
in the case of a registrant member, the member has become the subject of any investigation or proceedings relating to an allegation that the member’s entry in the Register, or part of the Register, was fraudulently procured or incorrectly made, the final outcome of which was the removal of the member’s entry from the Register or part of the Register;
g
the Privy Council is satisfied that the member’s level of attendance at meetings of the Council falls below a minimum level of attendance acceptable to the Privy Council, having regard to —
i
any recommended minimum levels of attendance that the Council has set in its standing orders, and
ii
whether or not there has been reasonable cause for the member’s non-attendance;
h
the Privy Council is satisfied that the member has failed, without reasonable cause, to undertake satisfactorily the requirements with regard to education and training for members that apply to that member and which the Council has included in its standing orders;
i
the Privy Council is satisfied that the member is no longer able to perform their duties as a member of the Council because of adverse physical or mental health;
j
the Privy Council is satisfied that the member’s continued membership of the Council would be liable to undermine public confidence in the regulation of registered pharmacists or pharmacy technicians.
2
A member who becomes, or may be about to become, a person to whom paragraph (1)(b) to (f) applies must notify the Privy Council and the Council in writing of that fact as soon as that member becomes aware of it.
3
Any member or employee of the Council may notify the Privy Council if they are of the view that the Privy Council may need to exercise its functions under paragraph (1).
4
The chair must notify the Privy Council if the chair is aware that —
a
a member has become, or may be about to become, a person to whom paragraph (1)(b) to (f) applies; and
b
that member has not notified the Privy Council in writing of that fact and the chair is not satisfied that the member will do so immediately.
Suspension of members from office
7
1
The Privy Council may suspend a member from office by a notice in writing served on that member —
a
if the Privy Council has reasonable grounds for suspecting that the member has become a person to whom article 6(1)(b)(ii) to (d) applies, for the purposes of determining whether or not the member has become such a person;
b
while the Privy Council is considering whether or not it is satisfied as to the matters set out in article 6(1)(g) to (j);
c
if the member is subject to any investigation or proceedings concerning the member’s fitness to practise by —
i
any licensing body, or
ii
the Council,
and the Privy Council is satisfied that it would not be appropriate for the member to continue to participate in proceedings of the Council while the investigation or proceedings concerning the member’s fitness to practise is or are ongoing;
d
if the member is subject to any investigation or proceedings concerning whether the member’s entry in the Register, or part of the Register, was fraudulently procured or incorrectly made and the Privy Council is satisfied that it would not be appropriate for the member to continue to participate in proceedings of the Council while the investigation or proceedings concerning the member’s entry in the Register, or part of the Register, is or are ongoing; or
e
if the member is subject to any investigation or proceedings in the United Kingdom relating to an offence which, if committed in any part of the United Kingdom, would constitute a criminal offence, and —
i
either —
aa
the investigation or proceedings relate to an offence involving dishonesty or deception, or
bb
the final outcome of the investigation or proceedings may be that the person is sentenced to a term of imprisonment or detention, and
ii
the Privy Council is satisfied that it would not be appropriate for the member to continue to participate in proceedings of the Council while the investigation or proceedings are ongoing.
2
The Privy Council must suspend a registrant member from office by a notice in writing served on the member if the member is the subject of an interim suspension order under article 56 of the Order (interim orders).
3
The notice in writing served under paragraph (1) or (2) must set out the reasons for the suspension and the duration of the period of suspension, which is (in the first instance) not to be for more than 6 months.
4
The Privy Council may stay its consideration under paragraph (1) of whether or not to suspend a member while the Council considers whether or not to suspend the member provisionally under standing orders of the Council.
5
If a member has been suspended provisionally under standing orders of the Council —
a
the Council must notify the Privy Council in writing of the provisional suspension as soon as is reasonably practicable; and
b
the Privy Council must consider the matter with a view to determining whether or not to suspend the member under paragraph (1) or to remove the member under article 6(1).
6
If after considering the matter under paragraph (5)(b) the Privy Council decides not to suspend the member and not to remove the member from office, the Council must terminate its provisional suspension of the member under its standing orders.
7
The Privy Council —
a
may at any time review a suspension of a member by it; and
b
must review any suspension of a member by it after 3 months from the start of the period of suspension, if requested to do so by the suspended member.
8
Following a review, the Privy Council may —
a
terminate the suspension; or
b
if that review is within 3 months of the end of the period of suspension, extend the suspension for a further period of up to 6 months from the date on which the suspension would otherwise come to an end.
9
The Privy Council must notify the suspended member in writing of the outcome of any review and that notice must include the reasons for any decision taken.
PART 3 Chair of the Council
Appointment, term of office and cessation of office of the chair
8
1
The Privy Council must, as one of its functions relating to the appointment of members of the Council, appoint the chair of the Council.
2
The Privy Council may appoint a person to be chair of the Council —
a
when it appoints that person to be a member of the Council; or
b
whom it has already appointed as a member of the Council.
3
The term of office of a member of the Council as chair is to be determined by the Privy Council on appointment of the member as chair but it is to be for a period that is no longer than the period between the chair’s date of appointment as chair and the date on which the chair’s term of office as a member is due to expire (irrespective of whether or not they are thereafter reappointed as a member).
4
A member serving as chair must cease to be chair —
a
on ceasing to be a member;
b
if the member resigns as chair, which the member may do at any time by a notice in writing to the Privy Council;
c
if the member’s membership of the Council is suspended by the Privy Council; or
d
if a majority of the Council, excluding the chair (but not simply a majority at a quorate meeting) passes a vote of no confidence in the chair.
Deputising arrangements in respect of the chair
9
1
Subject to paragraph (2), if, for any reason, the chair is absent from a meeting of the Council, the members who are present at that meeting must nominate one of their number to serve as chair at that meeting.
2
If, for any reason —
a
the Council is on notice that its chair is likely —
i
to be absent for more than one meeting of the Council, or
ii
to be unavailable to perform the duties of chair of the Council for more than one month; or
b
the office of chair is vacant,
the Council may nominate a member (“deputy chair”) to serve as chair during the absence or unavailability of the chair or the vacancy.
3
A member serving as deputy chair ceases to be deputy chair —
a
in the case of —
i
the absence or unavailability of the chair, on the date on which the chair notifies the Council in writing as the date on which they are able to resume their duties, or
ii
the office of chair being vacant, once the vacancy is filled;
b
if the member ceases to be a member;
c
if the member resigns as deputy chair, which the member may do at any time by a notice in writing to the Council;
d
if the member’s membership of the Council is provisionally suspended by the Council; or
e
if the Council votes (by a majority at a quorate meeting) to terminate the member’s appointment as deputy chair.
PART 4 Chief Executive Officer of the Council
Appointment of Chief Executive Officer
10
The Privy Council must appoint a person to be the first Chief Executive Officer of the Council.
PART 5 Proceedings of the Council
Quorum of the Council
11
The quorum of the Council is to be 8.
Effect of vacancies etc. on the validity of proceedings
12
1
The validity of any proceedings of the Council is not to be affected by —
a
any vacancy among the members of the Council;
b
any defect in the appointment of a member of the Council;
c
a member whom the Privy Council must remove from the Council under article 6(1)(b) to (f) participating in the proceedings;
d
a member whom the Privy Council has removed under article 6(1) having participated in the proceedings; or
e
a member who has been provisionally suspended by the Council under its standing orders or suspended by the Privy Council under article 7(1) or (2) having participated in the proceedings.
2
Notwithstanding paragraph (1)(c), a member who the Privy Council must remove from the Council under article 6(1)(b) to (f) is not entitled to participate in proceedings of the Council, pending the member’s removal from the Council by the Privy Council.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and effect
1
These Regulations may be cited as the Value Added Tax (Amendment) (No. 3) Regulations 2010 and come into force on 4th January 2011.
Amendment of the Value Added Tax Regulations 1995
2
The Value Added Tax Regulations 1995 are amended as follows.
Change of rate, supplementary charge invoices
3
In regulation 15A (change of rate, supplementary charge invoices), after “Schedule 3 to the Finance Act 2009” insert “or Schedule 2 to the Finance (No. 2) Act 2010 ”.
Flat-rate scheme for small businesses
4
For the Table in regulation 55K (flat rate scheme for small businesses, category of business), substitute —
Category of business Appropriate percentage
*
“Labour-only building or construction services” means building or construction services where the value of materials supplied is less than 10 per cent of relevant turnover from such services; any other building or construction services are “general building or construction services”.
Accountancy or book-keeping 14.5 Advertising 11 Agricultural services 11 Any other activity not listed elsewhere 12 Architect, civil and structural engineer or surveyor 14.5 Boarding or care of animals 12 Business services that are not listed elsewhere 12 Catering services including restaurants and takeaways 12.5 Computer and IT consultancy or data processing 14.5 Computer repair services 10.5 Dealing in waste or scrap 10.5 Entertainment or journalism 12.5 Estate agency or property management services 12 Farming or agriculture that is not listed elsewhere 6.5 Film, radio, television or video production 13 Financial services 13.5 Forestry or fishing 10.5 General building or construction services 9.5 Hairdressing or other beauty treatment services 13 Hiring or renting goods 9.5 Hotel or accommodation 10.5 Investigation or security 12 Labour-only building or construction services 14.5 Laundry or dry-cleaning services 12 Lawyer or legal services 14.5 Library, archive, museum or other cultural activity 9.5 Management consultancy 14 Manufacturing fabricated metal products 10.5 Manufacturing food 9 Manufacturing that is not listed elsewhere 9.5 Manufacturing yarn, textiles or clothing 9 Membership organisation 8 Mining or quarrying 10 Packaging 9 Photography 11 Post offices 5 Printing 8.5 Publishing 11 Pubs 6.5 Real estate activity not listed elsewhere 14 Repairing personal or household goods 10 Repairing vehicles 8.5 Retailing food, confectionary, tobacco, newspapers or children’s clothing 4 Retailing pharmaceuticals, medical goods, cosmetics or toiletries 8 Retailing that is not listed elsewhere 7.5 Retailing vehicles or fuel 6.5 Secretarial services 13 Social work 11 Sport or recreation 8.5 Transport or storage, including couriers, freight, removals and taxis 10 Travel agency 10.5 Veterinary medicine 11 Wholesaling agricultural products 8 Wholesaling food 7.5 Wholesaling that is not listed elsewhere 8.5
5
In regulation 55M (withdrawal from the scheme) —
a
in paragraph (1)(a), for “£225,000” substitute “£230,000”,
b
in paragraph (1)(b), for “£225,000 substitute “£230,000”, and
c
in paragraph (2), for “£187,500” substitute “£191,500”.
Repayments to Community traders
6
In regulation 173P (the day by which a claim under this Part must be made) —
a
at the beginning of paragraph (1) insert “Subject to paragraph (1A),”; and
b
after paragraph (1) insert —
1A
A repayment application in respect of a repayment period falling within the repayment year commencing on 1st January 2009 must be submitted in accordance with regulation 173I(c) before 1st April 2011.
.
Dave Hartnett
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
8th December 2010


text:
Citation and commencement
1
These Regulations may be cited as the Goods Infringing Intellectual Property Rights (Customs) (Amendment) (No. 2) Regulations 2010 and come into force on 16th April 2010.
Amendment of the Goods Infringing Intellectual Property Rights (Customs) Regulations 2004
2
The Goods Infringing Intellectual Property Rights (Customs) Regulations 2004 are amended as follows.
3
In regulation 2(1), omit the definitions of —
a
“Community design”;
b
“Community plant variety right”;
c
“design right”;
d
“designation of origin”;
e
“European patent ( UK )”;
f
“geographical designation”;
g
“geographical indication”;
h
“patent”;
i
“plant breeders’ right”;
j
“registered design”; and
k
“supplementary protection certificate”.
4
In regulation 2(3), for “Article 2(3)”, substitute “Article 2” and, for “Article 3(1)”, substitute “Article 3”.
5
Omit regulations 4 and 6.
6
In regulation 7(1) —
a
for “regulation 4(1)(c)”, substitute “Article 9 of the Council Regulation”; and
b
in paragraph (a), insert “be” between “may” and “destroyed”.
7
In regulation 7(5), for “regulation 4(1)(b)”, substitute “Article 9 of the Council Regulation”.
Dave Hartnett
Melanie Dawes
Two of the Commissioners for Her Majesty’s Revenue and Customs
25th March 2010


text:
Citation and commencement
1
This Order may be cited as the Bedfordshire and Luton Mental Health and Social Care Partnership National Health Service Trust (Dissolution) Order 2010 and shall come into force on 1st April 2010.
Dissolution of NHS trust
2
1
The Bedfordshire and Luton Mental Health and Social Care Partnership National Health Service Trust is dissolved.
2
The Bedfordshire and Luton Community National Health Service Trust (Establishment) Order 1999 and the Bedfordshire and Luton Community National Health Service Trust (Change of Name) (Establishment) Order 2005 are revoked.
Signed by the Secretary of State for Health
Mike O’Brien
Minister of State,
Department of Health
17th March 2010


text:
Citation and commencement
1
This Order may be cited as the Offshore Installations (Safety Zones) ( No. 3) Order 2010 and comes into force on 12th November 2010.
Establishment of safety zone
2
A safety zone is established around each installation specified in column 1 of the Schedule (being installations stationed in waters to which subsection (7) of section 21 of the Petroleum Act 1987 applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to the World Geodetic System 1984 specified in columns 2 and 3 of the Schedule.
Amendment of the Offshore Installations (Safety Zones) (No.2) Order 2010
3
In the Offshore Installations (Safety Zones) (No.2) Order 2010 , omit article 2 and the Schedule.
Signed by authority of the Secretary of State for Work and Pensions.
C Grayling
Minister of State,
Department for Work and Pensions
19 October 2010


text:
1
These Regulations may be cited as the Aggregates Levy (General) (Amendment) Regulations 2010 and come into force on 1st April 2010.
2
The Aggregates Levy (General) Regulations 2002 are amended as follows.
3
In regulations 15(7) and 16(6), for “three year time limit” substitute “4 year time limit”.
4
In regulation 28(3), for “three years” wherever it occurs, substitute “4 years”.
5
The amendments made by these Regulations are to be disregarded for the purposes of section 32(1) of the Finance Act 2001 (repayments of overpaid aggregates levy) where a claim is for the repayment of an amount paid to the Commissioners on or before 31 March 2007.
Dave Hartnett
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
8th March 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the European Communities (Designation) (No. 5) Order 2010 and comes into force on 8th December 2010.
2
In this Order —
“designated” means designated for the purposes of section 2(2), and similar expressions are to be construed accordingly;
“section 2(2)” means section 2(2) of the European Communities Act 1972;
“subordinate legislation” means orders, rules, regulations or schemes made under section 2(2).
Designation in relation to mediation
2
1
Each of the following is designated in relation to mediation —
a
the Secretary of State,
b
any Northern Ireland department, and
c
the Welsh Ministers.
Designation in relation to the common agricultural policy
3
1
The Welsh Ministers are designated in relation to the common agricultural policy of the European Union.
2
Paragraph (1) does not designate the Welsh Ministers to make provision in respect of feed that contains medicinal products or medicinal products destined for use in feed, except provision concerning —
a
substances that favourably affect the environment,
b
digestibility enhancers, or
c
gut flora stabilisers.
3
In paragraph (2) —
“digestibility enhancers” means substances which, when fed to animals, increase the digestibility of the diet, through action on target feed materials;
“gut flora stabilisers” means micro-organisms or other substances, which, when fed to animals, have a positive effect on gut flora;
“medicinal products” includes growth regulators.
4
Except in the case of subordinate legislation made jointly with the Secretary of State, paragraph (1) does not designate the Welsh Ministers to make subordinate legislation that includes provision in respect of —
a
the placing on the market or use of plant protection products, or
b
maximum levels for pesticide residues in or on —
i
cereals,
ii
food stuffs of animal origin, or
iii
products of plant origin, including fruit and vegetables.
Designation in relation to private international law
4
Any Northern Ireland department is designated in relation to private international law.
Territorial restrictions
5
1
This Order does not designate Northern Ireland departments to make subordinate legislation that forms part of any system of law other than the law of Northern Ireland.
2
Subject to paragraph (3), this Order does not designate the Welsh Ministers to make subordinate legislation that applies otherwise than in relation to Wales.
3
Paragraph (2) does not prevent the Welsh Ministers from making subordinate legislation pursuant to the designation in article 3 that —
a
applies in relation to the area of the Welsh zone beyond the seaward limit of the territorial sea or to part of that area; or
b
to the extent that it relates to —
i
payments or entitlements to payments in respect of an agricultural activity, or
ii
the entitlement to market the products of any such activity,
applies in respect of such activity undertaken anywhere on a farm or group of farms which includes a parcel of land situated in Wales.
4
In this article, “Wales” and “Welsh zone” have the meanings given by section 158(1) of the Government of Wales Act 2006 .
5
This article does not restrict the application of article 6(2).
Relationship with other designations
6
1
The designations in this Order do not restrict the scope of any designation made by any other Order.
2
Where —
a
a Minister or department is designated by this Order, and
b
any other Minister or department is designated in relation to the same matter by this or any other Order,
any of them may make subordinate legislation in relation to that matter jointly.
3
In paragraph (2), “Minister or department” means —
a
a Minister of the Crown or government department, including a Northern Ireland department, or
b
the Welsh Ministers.
Revocation of earlier designation
7
Article 4 of and Schedule 3 to the European Communities (Designation) (No. 3) Order 2005 and article 6 of the European Communities (Designation) (Amendment) Order 2006 are revoked.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Isles of Scilly (Children Act 1989) Order 2010 and comes into force on 26th April 2010.
Application of the Children Act 1989 with modification
2
1
The Children Act 1989 shall in its application to the Isles of Scilly have effect with the modification in paragraph (2).
2
In relation to the Isles of Scilly, any reference to a “local authority” is to be construed as a reference to the Council of the Isles of Scilly.
Dawn Primarolo
Minister of State
Department for Children, Schools and Families
29th March 2010


text:
Citation and commencement
1
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations 2010.
2
Subject to paragraphs (3) and (4), these regulations come into force on 6 th April 2010, immediately after the coming into force of the Social Security (Miscellaneous Amendments) ( No. 6) Regulations 2009 .
3
This regulation and regulation 3(1) and (8) come into force on 1 st April 2010.
4
Regulation 2 comes into force on 12 th April 2010.
Amendment of the Social Security (Invalid Care Allowance) Regulations 1976
2
1
The Social Security (Invalid Care Allowance) Regulations 1976 are amended as follows.
2
In regulation 8(1) (circumstances in which a person is or is not to be treated as gainfully employed), for “£95”, in each place it occurs, substitute “£100”.
Amendment of the Social Security (Claims and Payments) Regulations 1987
3
1
The Social Security (Claims and Payments) Regulations 1987 are amended as follows.
2
In regulation 6(22) (date of claim), in paragraph (c) of the definition of “qualifying benefit” for “regulation 5(1)(a) or 7(1)(a) of the Social Fund Maternity and Funeral Expenses (General) Regulations 1987” substitute “regulation 5(1)(a) or 7(4)(a) of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005 ”.
3
In regulation 16 (date of entitlement under an award for the purpose of payability of benefit and effective date of change of rate) —
a
in paragraph (2D) , for “Where a retirement pension is paid in arrears under regulation 22C and the award” substitute “Where an award of retirement pension”;
b
in paragraph (2E), before “regulation 22D(2)” insert “paragraph (2F) or”; and
c
after paragraph (2E) insert —
2F
Except in a case where regulation 22D(2) applies, where a retirement pension is paid in arrears under regulation 22C and a change in the rate of that benefit takes effect under an order made under section 150 or 150A of the 1992 Act (annual up-rating of benefits, basic pension etc. ) the change, if it would otherwise take effect on a day which is not the first day of the benefit week, shall take effect on the first day of the benefit week next following.
.
4
In regulation 16A (date of entitlement under an award of state pension credit for the purpose of payability and effective date of change of rate), for paragraph (4) substitute —
4
For the purpose of this regulation, “benefit week” means —
a
where state pension credit is paid in advance, the period of 7 days beginning on the day on which, in the claimant’s case, that benefit is payable;
b
where state pension credit is paid in arrears, the period of 7 days ending on the day on which, in the claimant’s case, that benefit is payable.
.
5
In regulation 22 (long term benefits) —
a
in paragraph (1A), for “Disability” substitute “Subject to paragraph (1B), disability”; and
b
after paragraph (1A) insert —
1B
The Secretary of State may, in any particular case or class of case, arrange that attendance allowance or disability living allowance shall be paid at such other intervals not exceeding four weeks as may be specified.
.
6
In regulation 22D(2)(c) (payment of retirement pension at a daily rate) for “section 150A” substitute “section 150 or 150A”.
7
In paragraph 5 of Schedule 9 (deductions from benefit and direct payment to third parties) —
a
in sub-paragraph (1)(b), at the end add “or is resident in approved premises under section 13 of the Offender Management Act 2007 ”;
b
after sub-paragraph (1A) insert —
1B
For the purposes of sub-paragraphs (1) and (1A), references to “rent” include charges incurred in respect of accommodation in approved premises under section 13 of the Offender Management Act 2007.
;
c
in sub-paragraph (3), for “Subject to sub-paragraph (4), the” substitute “The”; and
d
in sub-paragraph (6), after “landlord” insert “, or the person or body to whom charges are payable in respect of the residence of the beneficiary or the beneficiary’s partner in approved premises under section 13 of the Offender Management Act 2007,”.
8
In paragraph 7 of Schedule 9A (deductions of mortgage interest from benefit and payment to qualifying lenders), for “£0.55” substitute “£0.45”.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
4
1
The Social Security and Child Support (Decisions and Appeals) Regulations 1999 are amended as follows.
2
In regulation 7 (date from which a decision superseded under section 10 takes effect), after paragraph (30) insert —
30A
Where a decision is superseded in accordance with regulation 6(2)(a)(ii) and the relevant change of circumstances is the coming into force of a change in the legislation in relation to a relevant benefit, the decision under section 10 shall take effect from the date on which that change in the legislation takes effect.
.
3
In regulation 8(3) (effective date for late notifications of change of circumstances), for sub-paragraph (b) substitute —
b
be made —
i
within 13 months of the date the change occurred; or
ii
in the case of an application for the purposes of regulation 7(9)(b), within 13 months of the date on which the claimant satisfied the conditions of entitlement to the particular rate of benefit.
.
4
In Schedule 3B (date on which change of circumstances takes effect where claimant entitled to state pension credit) —
a
in paragraph 7 for “Where” substitute “Subject to paragraphs 9 and 10, where”; and
b
after paragraph 8 add —
9
Where state pension credit is paid in arrears and the relevant change of circumstances results in the award of that benefit being terminated, the superseding decision shall take effect on the first day of the benefit week next following the benefit week in which that change occurs or is expected to occur.
10
Where state pension credit is paid in advance and the relevant change of circumstances is the death of the claimant, the superseding decision shall take effect on the first day of the benefit week next following the date of death.
11
In this Schedule, “benefit week” means —
a
where state pension credit is paid in advance, the period of 7 days beginning on the day on which, in the claimant’s case, that benefit is payable;
b
where state pension credit is paid in arrears, the period of 7 days ending on the day on which, in the claimant’s case, that benefit is payable.
.
Signed by authority of the Secretary of State for Work and Pensions
William D. McKenzie
Parliamentary Under Secretary of State
Department for Work and Pensions
24th February 2010


text:
Application, citation and commencement
1
These Regulations, which apply in relation to England only, may be cited as the Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 2010 and shall come into force on 1st April 2010.
Amendments
2
The Council Tax and Non-Domestic Rating (Demand Notices) (England) Regulations 2003 are amended as follows.
Matters to be contained in a rate demand notice
3
For the explanatory notes in paragraph 7 of Part 1 of Schedule 2 substitute —
EXPLANATORY NOTES
Non-Domestic Rates
Non-Domestic Rates, or business rates, collected by local authorities are the way that those who occupy non-domestic property contribute towards the cost of local services. Except in the City of London, where special arrangements apply, the rates are pooled by central government and redistributed to local authorities as part of the annual formula grant settlement. The money, together with revenue from council tax payers, revenue support grant provided by the Government and certain other sums, is used to pay for the services provided by your local authority and other local authorities in your area.
Rateable Value
Apart from properties that are exempt from Business Rates, each non-domestic property has a rateable value which is set by the valuation officers of the Valuation Office Agency ( VOA ), an agency of Her Majesty’s Revenue and Customs. They draw up and maintain a full list of all rateable values, available on their website at www.voa.gov.uk . The rateable value of your property is shown on the front of this bill. This broadly represents the yearly rent the property could have been let for on the open market on a particular date. For the revaluation that came into effect on 1st April 2010, this date was set as 1st April 2008.
The valuation officer may alter the value if circumstances change. The ratepayer (and certain others who have an interest in the property) can appeal against the value shown in the list if they believe it is wrong. Further information about the grounds on which appeals may be made and the process for doing so can be found on the VOA website or from your local valuation office.
National Non-Domestic Rating Multiplier
The local authority works out the business rates bill by multiplying the rateable value of the property by the appropriate multiplier. There are two multipliers; the standard non-domestic rating multiplier and the small business non-domestic rating multiplier. The former is higher to pay for small business rate relief. Except in the City of London where special arrangements apply, the Government sets the multipliers for each financial year for the whole of England according to formulae set by legislation. Between revaluations the multipliers change each year in line with inflation and to take account of the cost of small business rate relief. In the year of revaluation the multipliers are rebased to account for overall changes to total rateable value and to ensure that the revaluation does not raise extra money for Government. The current multipliers are shown on the front of this bill.
Revaluation 2010 and Transitional Arrangements
All rateable values are reassessed every five years at a general revaluation. The current rating list is based on the 2010 revaluation . Five-yearly revaluations make sure each ratepayer pays their fair contribution and no more, by ensuring that the share of the national rates bill paid by any one ratepayer reflects changes over time in the value of their property relative to others. Revaluation does not raise extra money for Government.
Whilst the 2010 revaluation will not increase the amount of rates collected nationally, within this overall picture, over a million properties will see their business rate liabilities reduced and some ratepayers will see increases.
For those that would otherwise see significant increases in their rates liability, the Government has put in place a £2 billion transitional relief scheme to limit and phase in changes in rate bills as a result of the 2010 revaluation. To help pay for the limits on increases in bills, there also have to be limits on reductions in bills. Under the transition scheme, limits continue to apply to yearly increases and decreases until the full amount is due (rateable value times the appropriate multiplier). The scheme applies only to the bill based on a property at the time of the revaluation. If there are any changes to the property after 1st April 2010, transitional arrangements will not normally apply to the part of a bill that relates to any increase in rateable value due to those changes. Changes to your bill as a result of other reasons (such as because of changes to the amount of small business rate relief) are not covered by the transitional arrangements.
The transitional arrangements are applied automatically and are shown on the front of this bill. Further information about transitional arrangements and other reliefs may be obtained from [insert name of billing authority] or the website www.mybusinessrates.gov.uk .
More information on revaluation 2010 can be found at www.voa.gov.uk .
Unoccupied Property Rating
Business rates will not be payable in the first three months that a property is empty. This is extended to six months in the case of certain industrial properties. After this period rates are payable in full unless the unoccupied property rate has been reduced by the Government by order. In most cases the unoccupied property rate is zero for properties owned by charities and community amateur sports clubs. In addition, there are a number of exemptions from the unoccupied property rate. Full details on exemptions can be obtained from the local authority. If the unoccupied property rate for the financial year has been reduced by order, it will be shown on the front of this bill.
Partly Occupied Property Relief
A ratepayer is liable for the full non-domestic rate whether a property is wholly occupied or only partly occupied. Where a property is partly occupied for a short time, the local authority has discretion in certain cases to award relief in respect of the unoccupied part. Full details can be obtained from the local authority.
Small Business Rate Relief
This relief is only available to ratepayers who apply to their local authority and who occupy either —
a
one property, or
b
one main property and other additional properties providing those additional properties each have a rateable value which does not exceed £2,599.
The rateable value of the property mentioned in (a), or the aggregate rateable value of all the properties mentioned in (b), must not exceed £17,999 outside London or £25,499 in London on each day for which relief is being sought. If the rateable value, or aggregate rateable value, increases above those levels, relief will cease from the day of the increase.
Ratepayers who satisfy these conditions will have the bill for their sole or main property calculated using the lower small business non-domestic rating multiplier rather than the national non-domestic rating multiplier that is used to calculate the liability of other businesses.
In addition, if the sole or main property is shown on the rating list with a rateable value which does not exceed £12,000, the ratepayer will receive a percentage reduction in their rates bill for this property of up to a maximum of 50% for a property with a rateable value of not more than £6,000.
If an application for relief is granted, provided the ratepayer continues to satisfy the conditions for relief which apply at the relevant time as regards the property and the ratepayer, they will not need to re-apply for relief in each new valuation period.
Certain changes in circumstances will need to be notified to the local authority by the ratepayer (other changes will be picked up by the local authority). The changes which must be notified are —
a
the ratepayer taking up occupation of a property they did not occupy at the time of making their application for relief, and
b
an increase in the rateable value of a property occupied by the ratepayer in an area other than the area of the local authority which granted the relief.
Notification of these changes must be given to the local authority within 4 weeks of the day after the day on which the change happened. If this happens, there will be no interruption to the ratepayer’s entitlement to the relief. A notification that the ratepayer has taken up occupation of an additional property must be by way of a fresh application for relief; notice of an increase in rateable value must be given in writing.
Full details on the eligibility criteria and on how to apply for this relief are available from the local authority.
Charity and Community Amateur Sports Club ( CASC ) Relief
Charities and registered CASCs are entitled to 80% relief where the property is occupied by the charity or the CASC, and is wholly or mainly used for the charitable purposes of the charity (or of that and other charities), or for the purposes of the CASC (or of that and other CASCs).
The local authority has discretion to give further relief on the remaining bill. Full details can be obtained from the local authority.
Non-Profit Making Organisation Relief
The local authority has discretion to give relief to non-profit making organisations. Full details can be obtained from the local authority.
Hardship Relief
The local authority has discretion to give relief in special circumstances. Full details can be obtained from the local authority.
Deferred payment of 2009/10 rates liabilities
Ratepayers in 2009/10 were able to defer payment of 3% of their 2009/10 rates bill and, where applicable, 60% of the increase in that bill due to the ending of the 2005 rating list transitional relief scheme. The right to apply for deferral has now ended. For those ratepayers who applied for this scheme, the deferred amount to be collected in 2010/11 and 2011/12 will be included in the bills for each of those years respectively.
Rating advisers
Ratepayers do not have to be represented in discussions about their rateable value or their rates bill. Appeals against rateable values can be made free of charge. However, ratepayers who do wish to be represented should be aware that members of the Royal Institution of Chartered Surveyors ( RICS – website www.rics.org ) and the Institute and Revenues and Rating ( IRRV – website www.irrv.org.uk ) are qualified and are regulated by rules of professional conduct designed to protect the public from misconduct. Before you employ a rating adviser, you should check that they have the necessary knowledge and expertise, as well as appropriate indemnity insurance. Take great care and, if necessary, seek further advice before entering into any contract.
.
Matters to be contained in a rate demand notice: rural settlement authorities
4
In Part 2 of Schedule 2, in the explanatory note titled “Rate relief for businesses in rural areas” —
a
for “£7,000” substitute “£8,500”;
b
for “£10,500” substitute “£12,500”; and
c
for “£14,000” substitute “£16,500”.
Matters to be contained in a rate demand notice: special authorities
5
For the explanatory notes in paragraph 3 of Part 3 of Schedule 2 substitute —
EXPLANATORY NOTES
Non-Domestic Rates
Non-Domestic Rates, or business rates, collected by local authorities are the way that those who occupy non-domestic property contribute towards the cost of local services. Except in the City of London, where special arrangements apply, the rates are pooled by central government and redistributed to local authorities as part of the annual formula grant settlement. The money, together with revenue from council tax payers, revenue support grant provided by the Government and certain other sums, is used to pay for the services provided by your local authority and other local authorities in your area.
Rateable Value
Apart from properties that are exempt from Business Rates, each non-domestic property has a rateable value which is set by the valuation officers of the Valuation Office Agency (VOA), an agency of Her Majesty’s Revenue and Customs. They draw up and maintain a full list of all rateable values, available on their website at www.voa.gov.uk . The rateable value of your property is shown on the front of this bill. This broadly represents the yearly rent the property could have been let for on the open market on a particular date. For the revaluation that came into effect on 1st April 2010, this date was set as 1st April 2008.
The valuation officer may alter the value if circumstances change. The ratepayer (and certain others who have an interest in the property) can appeal against the value shown in the list if they believe it is wrong. Further information about the grounds on which appeals may be made and the process for doing so can be found on the VOA website or from your local valuation office.
Special arrangements for the City of London
As indicated above, because of its special circumstances – notably its very small resident population – the Common Council of the City of London can set its own rate – or multiplier – and retain part of the proceeds to help pay for the services it provides. It may set this rate, subject to certain constraints, at a higher or lower level than the rate which applies outside the City of London. The amount it must pay into the central pool (as described above) is reduced by the amount, if any, which the Government believes is reasonable for it to retain for that financial year. These arrangements ensure that the City of London ratepayers and council tax payers each bear an appropriate share of the cost of providing the services which benefit them.
The City of London Rating Multiplier
There are two multipliers; the standard non-domestic rating multiplier and the small business non-domestic rating multiplier. The former is higher to pay for small business rate relief. The City sets the multipliers for each financial year according to formulae set by legislation.
Revaluation 2010 and Transitional Arrangements
All rateable values are reassessed every five years at a general revaluation. The current rating list is based on the 2010 revaluation. Five-yearly revaluations make sure each ratepayer pays their fair contribution and no more, by ensuring that the share of the national rates bill paid by any one ratepayer reflects changes over time in the value of their property relative to others. Revaluation does not raise extra money for Government.
Whilst the 2010 revaluation will not increase the amount of rates collected nationally, within this overall picture, over a million properties will see their business rate liabilities reduced and some ratepayers will see increases.
For those that would otherwise see significant increases in their rates liability, the Government has put in place a £2 billion transitional relief scheme to limit and phase in changes in rate bills as a result of the 2010 revaluation. To help pay for the limits on increases in bills, there also have to be limits on reductions in bills. Under the transition scheme, limits continue to apply to yearly increases and decreases until the full amount is due (rateable value times the appropriate multiplier). The scheme applies only to the bill based on a property at the time of the revaluation. If there are any changes to the property after 1st April 2010, transitional arrangements will not normally apply to the part of a bill that relates to any increase in rateable value due to those changes. Changes to your bill as a result of other reasons (such as because of changes to the amount of small business rate relief) are not covered by the transitional arrangements.
The transitional arrangements are applied automatically and are shown on the front of this bill. Further information about transitional arrangements and other reliefs may be obtained from [insert name of billing authority] or the website www.mybusinessrates.gov.uk .
More information on revaluation 2010 can be found at www.voa.gov.uk .
Unoccupied Property Rating
Business rates will not be payable in the first three months that a property is empty. This is extended to six months in the case of certain industrial properties. After this period rates are payable in full unless the unoccupied property rate has been reduced by the Government by order. In most cases the unoccupied property rate is zero for properties owned by charities and community amateur sports clubs. In addition, there are a number of exemptions from the unoccupied property rate. Full details on exemptions can be obtained from the local authority. If the unoccupied property rate for the financial year has been reduced by order, it will be shown on the front of this bill.
Partly Occupied Property Relief
A ratepayer is liable for the full non-domestic rate whether a property is wholly occupied or only partly occupied. Where a property is partly occupied for a short time, the local authority has discretion in certain cases to award relief in respect of the unoccupied part. Full details can be obtained from the local authority.
Small Business Rate Relief
This relief is only available to ratepayers who apply to their local authority and who occupy either —
a
one property, or
b
one main property and other additional properties providing those additional properties each have a rateable value which does not exceed £2,599.
The rateable value of the property mentioned in (a), or the aggregate rateable value of all the properties mentioned in (b), must not exceed £17,999 outside London or £25,499 in London on each day for which relief is being sought. If the rateable value, or aggregate rateable value, increases above those levels, relief will cease from the day of the increase.
Ratepayers who satisfy these conditions will have the bill for their sole or main property calculated using the lower small business non-domestic rating multiplier rather than the national non-domestic rating multiplier that is used to calculate the liability of other businesses.
In addition, if the sole or main property is shown on the rating list with a rateable value which does not exceed £12,000, the ratepayer will receive a percentage reduction in their rates bill for this property of up to a maximum of 50% for a property with a rateable value of not more than £6,000.
If an application for relief is granted, provided the ratepayer continues to satisfy the conditions for relief which apply at the relevant time as regards the property and the ratepayer, they will not need to re-apply for relief in each new valuation period.
Certain changes in circumstances will need to be notified to the local authority by the ratepayer (other changes will be picked up by the local authority). The changes which must be notified are —
a
the ratepayer taking up occupation of a property they did not occupy at the time of making their application for relief, and
b
an increase in the rateable value of a property occupied by the ratepayer in an area other than the area of the local authority which granted the relief.
Notification of these changes must be given to the local authority within 4 weeks of the day after the day on which the change happened. If this happens, there will be no interruption to the ratepayer’s entitlement to the relief. A notification that the ratepayer has taken up occupation of an additional property must be by way of a fresh application for relief; notice of an increase in rateable value must be given in writing.
Full details on the eligibility criteria and on how to apply for this relief are available from the local authority.
Charity and Community Amateur Sports Club (CASC) Relief
Charities and registered CASCs are entitled to 80% relief where the property is occupied by the charity or the CASC, and is wholly or mainly used for the charitable purposes of the charity (or of that and other charities), or for the purposes of the CASC (or of that and other CASCs).
The local authority has discretion to give further relief on the remaining bill. Full details can be obtained from the local authority.
Non-Profit Making Organisation Relief
The local authority has discretion to give relief to non-profit making organisations. Full details can be obtained from the local authority.
Hardship Relief
The local authority has discretion to give relief in special circumstances. Full details can be obtained from the local authority.
Deferred payment of 2009/10 rates liabilities
Ratepayers in 2009/10 were able to defer payment of 3% of their 2009/10 rates bill and, where applicable, 60% of the increase in that bill due to the ending of the 2005 rating list transitional relief scheme. The right to apply for deferral has now ended. For those ratepayers who applied for this scheme, the deferred amount to be collected in 2010/11 and 2011/12 will be included in the bills for each of those years respectively.
Rating advisers
Ratepayers do not have to be represented in discussions about their rateable value or their rates bill. Appeals against rateable values can be made free of charge. However, ratepayers who do wish to be represented should be aware that members of the Royal Institution of Chartered Surveyors (RICS – website www.rics.org ) and the Institute and Revenues and Rating (IRRV – website www.irrv.org.uk ) are qualified and are regulated by rules of professional conduct designed to protect the public from misconduct. Before you employ a rating adviser, you should check that they have the necessary knowledge and expertise, as well as appropriate indemnity insurance. Take great care and, if necessary, seek further advice before entering into any contract.
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Signed by authority of the Secretary of State
Barbara Follett
Parliamentary Under Secretary of State
Department for Communities and Local Government
26th January 2010


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2010 and shall come into force —
a
for all purposes except those of regulation 2(4) and (5) on 1st April 2010;
b
for the purposes of regulation 2(4) on 14th May 2010;
c
for the purposes of regulation 2(5) on 4th December 2011;
2
In these Regulations, “the principal Regulations ” means the Goods Vehicles (Licensing of Operators) Regulations 1995 .
Amendments to the Goods Vehicles (Licensing of Operators) Regulations 1995
2
1
The principal Regulations are amended as follows.
2
In regulation 3(2), after the definition of “keeper”, there is inserted —
“interim licence” means a licence issued under section 24;
“interim direction” means a direction given by a traffic commissioner pursuant to section 25;
.
3
In regulation 23 —
a
in paragraph (2)(a), after “licence;” “and” is omitted;
b
in paragraph (2)(b), for “national transport operations only.”, there is substituted “national transport operations only;”;
c
after paragraph (2)(b), there is inserted —
c
where applicable, that the vehicle is being used under an interim licence, or pursuant to an interim direction, and in such a case, the date the interim licence was issued or the interim direction was given; and
d
subject to paragraph (5)(b), the date on which the disc expires under paragraph (5)(a).
d
after paragraph (4), there is inserted —
5
a
Subject to paragraph (b) and without prejudice to regulation 28, a disc will expire at the end of the last day of the month in which the continuation fee for a licence falls due.
b
Neither paragraph (a) nor paragraph (2)(d) apply where a disc is issued under an interim licence or pursuant to an interim direction.
6
For the purposes of paragraph (5)(a) —
a
“continuation fee” means the fee numbered (iii) as specified in the Schedule to the Goods Vehicles (Licensing of Operators) (Fees) Regulations 1995 ; and
b
the month in which such a fee falls due is determined in accordance with that Schedule.
.
4
In Part I of Schedule 3, for paragraph 23 there is substituted:
23
A vehicle which is being used to carry out a cabotage operation consisting of national carriage for hire or reward on a temporary basis in the United Kingdom in accordance with the provisions of Council Regulation (EEC) No. 3118/1993 laying down conditions under which non-resident carriers may operate national road haulage services within a Member State as it has effect with Regulation (EC) No. 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market.
.
5
In Part I of Schedule 3, for paragraph 23 as substituted by paragraph (4) there is substituted:
23
A vehicle which is being used to carry out a cabotage operation consisting of national carriage for hire or reward on a temporary basis in the United Kingdom in accordance with the provisions of Regulation ( EC ) No.1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market.
.
6
The references in paragraph (3) to regulation 23(2) of the principal Regulations do not apply to the provision substituted in relation to certain goods vehicles by Part II of Schedule 6 to the Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) Regulations 1996 .
Signed by authority of the Secretary of State
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
23rd February 2010


text:
1
This Order may be cited as the A2 Trunk Road (A28 Wincheap Canterbury Entry Road) Slip Road Order 2010 and shall come into force on 28th October 2010.
2
In this Order —
i
“the trunk road” means the A2 trunk road;
ii
“the plan” means the plan numbered HA/10/NOD/008 marked “The A2 Trunk Road (A28 Wincheap Canterbury Entry Road) Slip Road Order 2010” signed by authority of the Secretary of State for Transport and deposited at Document Deposit Service, Communities and Local Government, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA; and
iii
“the slip road” means the new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order and which connect the trunk road with the A28 Thanington Road at the place stated in the Schedule.
3
The new slip road shall become a trunk road from the date when this Order comes into force.
4
The centre line of the new slip road is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of the new slip road that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary of State for Transport
Jon Griffiths
A Divisional Director
Highways Agency
4th October 2010