text:
Citation and commencement
1
These Regulations may be cited as the Organic Products (Amendment) Regulations 2010; they come into force on 1st October 2010.
Amendments
2
The Organic Products Regulations 2009 are amended as follows —
a
in regulation 7(1) (control on movement), after “place of import” insert “or from any other place from which release for free circulation in the Community is being sought”;
b
in regulation 8(4) (consent to movement), for “the place of import” substitute “the place where the prohibition on movement under that regulation last applied”;
c
in regulation 10(1) (fees for registering information in the database), for “£150” substitute “£182”;
d
in regulation 18(1) (offences), for “Schedule 2” substitute “The Schedule”;
e
in regulation 20(1) (offence due to fault of another person), for “regulation 19” substitute “regulation 18”;
f
in regulation 21(1) (defence of due diligence), for “regulation 19” substitute “regulation 18”;
g
for regulation 22(2) (enforcement), substitute —
2
In relation to products imported from third countries, where there is a port health authority for the place of import or other place from which release for free circulation in the Community is being sought, these Regulations and the specified Community provisions are enforced by that authority instead of by the local authority.
h
in regulation 24(1) (powers following entry), for “regulation 24” substitute “regulation 23”.
Jim Paice
Minister of State
Department for Environment, Food and Rural Affairs
22nd July 2010


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as The Field Allowance for New Oil Fields Order 2010 and shall come into force on the day after the day on which it is made.
2
In this Order —
“pipe-line” means a pipe-line as defined by section 65 of the Pipe-lines Act 1962 (meaning of pipe-line),
“Schedule 44” means Schedule 44 to the Finance Act 2009 (supplementary charge: reduction for certain new oil fields).
3
In this Order, where any term is given a definition taken from legislation which is excluded from extension to Northern Ireland, that exclusion shall not be taken into account.
Qualifying oil field
2
A deep water gas field is a qualifying oil field for the purposes of Schedule 44 and paragraph 20 of Schedule 44 (qualifying oil fields) shall be treated as modified accordingly.
Deep water gas field
3
1
An oil field is a “deep water gas field” if all of the following conditions are met.
2
The first condition is that —
a
the material submitted in support of the authorisation of the oil field identifies the planned route for the primary pipe-line (or pipe-lines) for transporting gas from the oil field to the relevant infrastructure, and
b
the distance gas is to be transported along the planned route is more than 60 kilometres.
3
The second condition is that the natural seabed above the oil field must lie below the water surface at a depth of more than 300 metres.
4
The third condition is that on the authorisation day of the oil field more than 75 per cent of the reserves of the oil field comprise gas.
Relevant infrastructure
4
1
In this Order “relevant infrastructure” means any —
a
pipe-line, or
b
gas processing facility,
which is being used by, or is planned for use by, another oil field whose development has been authorised before the authorisation day for the deep water gas field.
2
In this article “gas processing facility” has the same meaning as provided by section 12 of the Gas Act 1995 (acquisition of rights to use gas processing facilities).
Water depth
5
For the purpose of article 3(3), the depth is to be measured at the lowest astronomical tide from the water surface to the lowest point of the natural seabed at the location of the primary subsea manifold or first development well whichever is the deeper.
Reserves
6
For the purpose of article 3(4), 1,100 cubic metres of gas at a temperature of 15 degrees Celsius and pressure of one atmosphere is to be counted as equivalent to one tonne of oil.
Field Allowance for deep water gas field
7
For the purpose of Schedule 44, the total field allowance (“ TFA ”) for a new oil field in the case of a deep water gas field is, subject to article 8, calculated as follows —
T F A = Y (
D − 60
60
)
where —
“Y” is —
£800,000,000; or
where there are more than two deep water gas fields authorised on the same day, £1,600,000,000 divided by the number of deep water gas fields authorised on that day; and
“D” is —
the length in kilometres of the distance covered by article 3(2) where that is more than 60 but less than 120; or
120 where that length is 120 kilometres or more.
Overlapping categories of qualifying oil field
8
Where a new oil field falls into two or more of the following categories —
a
a small oil field,
b
an ultra heavy oil field,
c
an ultra high pressure/high temperature oil field,
d
a deep water gas field;
it is to be treated as being in the category of qualifying oil field that yields the highest total field allowance and paragraph 24 of Schedule 44 (total field allowance for new oil field) is to be treated as modified accordingly.
Dave Hartnett
Bernadette Kenny
Two of the Commissioners for Her Majesty’s Revenue and Customs
4th March 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2010 and shall come into force on 12th April 2010.
2
In this Order, “the principal Order ” means the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006.
Amendment of Schedule 1 (Disablement due to service in the armed forces)
2
In Schedule 1 to the principal Order —
a
for the Table in Part 2 substitute the Table set out in Schedule 1 to this Order;
b
for Tables 1 and 2 in Part 3 substitute Tables 1 and 2 set out in Schedule 2 to this Order; and
c
for the Table in Part 4 substitute the Table set out in Schedule 3 to this Order.
Amendment of Schedule 2 (Death due to service in the armed forces)
3
In Schedule 2 to the principal Order —
a
for Tables 1, 2, 3, 4, 5, 6 and 7 of Part 2 substitute Tables 1, 2, 3, 4 5, 6 and 7 set out in Schedule 4 to this Order; and
b
for the Table in Part 3 substitute the Table set out in Schedule 5 to this Order.
Judith Simpson
Clerk of the Privy Council


text:
PART 1 General
Citation, commencement, application and extent
1
1
These Regulations may be cited as the Air Quality Standards Regulations 2010 and come into force on 11th June 2010.
2
They apply in England, except regulations 3(a), 23, 24, 25(4) and 32 which extend to the United Kingdom .
Definitions
2
In these Regulations —
“ambient air” means outdoor air in the troposphere, excluding workplaces where members of the public do not have regular access;
“AOT 40” (expressed in (μg/m 3 )∙ hours) means the sum of the difference between hourly concentrations greater than 80 μg/m 3 (=40 parts per billion) and 80 μg/m 3 over a given period using only the one-hour values measured between 08.00 hours and 20.00 hours Central European Time ( CET ) each day;
“arsenic”, “cadmium”, “nickel” and “benzo(a)pyrene” mean the total content of those elements and compounds within the PM 10 present in ambient air;
“Directive 2008/50/ EC ” means Directive 2008/50/EC of the European Parliament and of the Council on ambient air quality and cleaner air for Europe ;
“Directive 2004/107/EC ” means Directive 2004/107/EC of the European Parliament and of the Council relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air ;
“fixed measurements” means measurements taken at fixed locations, either continuously or by sampling from time to time, to determine levels of pollutants in accordance with the relevant data quality objectives;
“indicative measurement” means measurements which meet data quality objectives that are less strict than those required for fixed measurements;
“margin of tolerance” means the percentage of the limit value by which that value may be exceeded in a given year;
“oxides of nitrogen” means the sum of the volume mixing ratio (ppbv) of nitrogen monoxide (nitric oxide) and nitrogen dioxide expressed in units of mass concentration of nitrogen dioxide (μg/m 3 );
“ozone precursor substances” means substances which contribute to the formation of ground level ozone;
“PM 10 ” means particulate matter which passes through a size-selective inlet as defined in the reference method for the sampling and measurement of PM 10 , EN 12341, with a 50% efficiency cut-off at 10 μm aerodynamic diameter;
“PM 2.5 ” means particulate matter which passes through a size-selective inlet as defined in the reference method for the sampling and measurement of PM 2.5 , EN 14907, with a 50% efficiency cut-off at 2.5μm aerodynamic diameter;
“particulate matter” means PM 2.5 and PM 10 ;
“pollutant” means any of the following —
sulphur dioxide,
nitrogen dioxide,
oxides of nitrogen,
particulate matter,
lead,
benzene,
carbon monoxide,
arsenic,
cadmium,
mercury,
nickel,
benzo(a)pyrene or other polycyclic aromatic hydrocarbons,
ozone;
“polycyclic aromatic hydrocarbons” means those organic compounds composed of at least two fused aromatic rings made entirely from carbon and hydrogen;
“relevant administration” means —
the Welsh Ministers for Wales;
the Scottish Ministers for Scotland; and
the Department of the Environment for Northern Ireland;
Designation of competent authority
3
The Secretary of State is designated as the competent authority —
a
for the United Kingdom for the purposes of article 3(f) of Directive 2008/50/EC , and
b
save as set out in paragraph (a), in England for the purposes of Directive 2008/50/EC and for the purposes of Directive 2004/107/EC .
Zones and agglomerations
4
1
The Secretary of State must, for the purposes of these Regulations, divide the territory of England into zones and agglomerations.
2
A zone will be classified as an agglomeration if it is a conurbation with a population in excess of 250,000 inhabitants.
3
In these Regulations references to a zone include a zone which has been classified as an agglomeration.
4
Zones are identified on a map published by the Secretary of State in January 2010.
PART 2 Assessment of ambient air quality
CHAPTER 1
Sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene and carbon monoxide
Assessment thresholds
5
1
The Secretary of State must classify each zone according to whether or not the upper or lower assessment thresholds specified in Section A of Annex II to Directive 2008/50/EC are exceeded in relation to sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene and carbon monoxide.
2
The Secretary of State must review the classification of zones carried out in accordance with paragraph (1) at least every five years, and must do so more frequently than every five years if there are significant changes in the activities which may affect levels of sulphur dioxide, nitrogen dioxide or oxides of nitrogen, particulate matter, lead, benzene or carbon monoxide in ambient air.
3
When reviewing the classification of zones in accordance with assessment thresholds, the Secretary of State must comply with Section B of Annex II to Directive 2008/50/EC .
Assessment criteria
6
1
The Secretary of State must assess the level of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene and carbon monoxide in ambient air in all zones.
2
In all zones where the level of those pollutants exceeds the upper assessment threshold referred to in regulation 5, fixed measurements must be used, but may be supplemented by modelling or indicative measurements or both in order to provide adequate information on the spatial distribution of the ambient air quality.
3
In all zones where the level of those pollutants is below the lower assessment threshold referred to in regulation 5, modelling or estimation techniques or both may be used instead of measurement.
4
In all other zones a combination of fixed measurements together with modelling or indicative measurements or both may be used.
5
In addition to the measurements referred to in paragraphs (1) to (4), the Secretary of State must measure PM 2.5 at rural background locations away from significant sources of air pollution, in order to provide information on an annual average basis on the total mass concentration and chemical speciation concentrations of that pollutant.
6
For the purposes of paragraphs (1) to (4), measurements must be carried out in accordance with the criteria set out in sections A and C of Annex I to Directive 2008/50/EC , and for the purposes of paragraph (5), measurements must be carried out in accordance with the criteria set out in Annex IV to the same Directive.
7
Save as provided for in paragraph (8), measurements for the purposes of this regulation must be taken in accordance with the reference measurement methods specified in Section A and Section C of Annex VI to Directive 2008/50/EC .
8
Alternative methods to those referred to in paragraph (7) may be used provided the conditions set out in Section B of that Annex are complied with.
9
Where measurements are supplemented by modelling or indicative measurement then the Secretary of State must take account of the results of those supplementary methods in assessing ambient air quality for the purposes of these Regulations.
10
In this Regulation, “chemical speciation concentrations” means the concentrations of different chemical components or species of PM 2.5 .
Location and number of sampling points
7
1
The Secretary of State must install sampling points in accordance with Schedule 1 for the assessment of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene and carbon monoxide.
2
In zones where fixed measurement is the sole source of information for the assessment of air quality, the number of sampling points must be more than or equal to the minimum number specified in Section A of Annex V to Directive 2008/50/EC for the purpose of assessing compliance with limit values and alert thresholds.
3
In zones other than agglomerations where fixed measurement is the sole source of information for the assessment of air quality, the number of sampling points must be more than or equal to the minimum number specified in Section C of Annex V to Directive 2008/50/EC for the purpose of assessing compliance with critical levels for the protection of vegetation.
4
In zones where the information from fixed measurement is supplemented by information from modelling or indicative measurement or both, the number of sampling points in either Section A or C of Annex V, or both, may be reduced by up to 50% provided that the following conditions are met —
a
the supplementary methods provide sufficient information for the assessment of air quality in relation to limit values or alert thresholds,
b
the supplementary methods provide sufficient information to inform the public as to the state of ambient air quality, and
c
the number of sampling points to be installed and the spatial resolution of other techniques are sufficient for the concentration of the relevant pollutant to be established in accordance with the data quality objectives specified in Section A of Annex I to Directive 2008/50/EC and enable assessment results to meet the criteria in Section B of the same annex.
5
For the measurement of PM 2.5 in rural background locations, the Secretary of State must install a sampling point for every 100,000 km 2 .
CHAPTER 2
Ozone
Assessment criteria
8
1
The Secretary of State must assess the levels of ozone in ambient air in all zones.
2
The Secretary of State must ensure that fixed measurements are taken in any zone where the concentrations of ozone have exceeded the long-term objectives specified in Schedule 4 during any of the five years preceding those measurements.
3
Save as provided in paragraph (4), for the purposes of paragraph (2), measurements must be taken in accordance with the reference measurement methods specified in point 8 of Section A of Annex VI to Directive 2008/50/EC .
4
Alternative methods to those referred to in paragraph (3) may be used provided the conditions set out in Section B of that Annex are complied with.
Location and number of sampling points
9
1
The Secretary of State must install sampling points in accordance with the criteria set out in Annex VIII to Directive 2008/50/EC .
2
In zones where fixed measurement is the sole source of information for the assessment of air quality, the number of sampling points must be more than or equal to the minimum number specified in Section A of Annex IX to Directive 2008/50/EC .
3
In zones where the concentrations of ozone have been below the long-term objectives for each of the previous five years of measurement, the number of sampling points must be determined in accordance with the criteria set out in Section B of Annex IX to Directive 2008/50/EC .
4
In zones where the information from fixed measurement is supplemented by information from modelling or indicative measurement or both, the number of sampling points referred to in paragraph (2) may be reduced provided that the following conditions are met —
a
the supplementary methods provide sufficient information for the assessment of air quality in relation to target values, long-term objectives, information and alert thresholds,
b
the number of sampling points to be installed and the spatial resolution of supplementary methods are sufficient for the concentration of ozone to be established in accordance with the data quality objectives set out in Section A of Annex I to Directive 2008/50/EC and to enable assessment results to meet the criteria specified in Section B of the same Annex;
c
there is at least one sampling point in each zone, with a minimum of one sampling point per two million inhabitants or one sampling point per 50,000 km 2 , whichever produces the greater number of sampling points; and
d
nitrogen dioxide is measured at all remaining sampling points except at rural background stations referred to in Section A of Annex VIII to Directive 2008/50/EC
5
The Secretary of State must ensure that nitrogen dioxide is measured at no less than 50% of the sampling points required under Section A of Annex IX to Directive 2008/50/EC .
6
The measurement referred to in paragraph (5) must be continuous except at rural background locations.
7
The Secretary of State must ensure that concentrations of the ozone precursor substances listed in Annex X to Directive 2008/50/EC are measured at at least one sampling point.
8
The Secretary of State may choose the location and number of sampling points for measurements of ozone precursor substances and must take into account the objectives and methods set out in Annex X to Directive 2008/50/EC .
CHAPTER 3
Arsenic, cadmium, nickel, mercury, benzo(a)pyrene and other polycyclic aromatic hydrocarbons
Assessment thresholds
10
1
The Secretary of State must classify each zone according to whether or not the upper and lower assessment thresholds specified in Section I of Annex II to Directive 2004/107/EC are exceeded in relation to arsenic, cadmium, nickel and benzo(a)pyrene.
2
The Secretary of State must review the classification of zones in paragraph (1) every five years, and must do so more frequently than every five years if there are significant changes in the activities which may affect levels of the pollutants referred to in paragraph (1) in ambient air.
3
When classifying zones in accordance with assessment thresholds, the Secretary of State must comply with Section II of Annex II to Directive 2004/107/EC .
Assessment criteria
11
1
The Secretary of State must assess concentrations of arsenic, cadmium, nickel and benzo(a)pyrene in ambient air in all zones.
2
In zones where the levels of arsenic, cadmium, nickel and benzo(a)pyrene are above the upper assessment threshold referred to in regulation 10, measurement is mandatory but may be supplemented by modelling techniques to provide an adequate level of information on ambient air quality.
3
In zones where the levels of those pollutants are between the upper and lower assessment thresholds referred to in regulation 10, measurement is mandatory but may be supplemented by indicative measurements as referred to in Section I of Annex IV to Directive 2004/107/EC or modelling, or both.
4
In zones where the levels of those pollutants are below the lower assessment thresholds, modelling or objective estimation techniques may be used instead of measurement.
Data quality objectives
12
When assessing levels of arsenic, cadmium, nickel, benzo(a)pyrene, other polycyclic aromatic hydrocarbons or gaseous mercury, the Secretary of State must apply the data quality objectives and other standards contained in Annex IV to Directive 2004/107/EC .
Location and number of sampling points
13
The location and number of sampling points for the assessment of arsenic, cadmium, nickel and benzo(a)pyrene must be determined in accordance with Annex III to Directive 2004/107/EC .
Monitoring of polycyclic aromatic hydrocarbons
14
1
The Secretary of State must monitor concentrations of other relevant polycyclic aromatic hydrocarbons in addition to benzo(a)pyrene as the Secretary of State thinks fit, including at least the following —
a
benzo(a)anthracene,
b
benzo(b)fluoranthene,
c
benzo(j)fluoranthene,
d
benzo(k)fluoranthene,
e
indeno(1,2,3-cd)pyrene,
f
dibenz(a,h)anthracene.
2
Monitoring sites must be located together with sampling points for benzo(a)pyrene.
3
Monitoring sites must be selected so that geographical variations and long term trends in the concentrations of polycyclic aromatic hydrocarbons can be identified.
4
Monitoring sites must be selected in accordance with the criteria in Sections I to III of Annex III to Directive 2004/107/EC .
Background monitoring
15
1
The Secretary of State must operate background sampling points to provide indicative measurements of —
a
concentrations of —
i
arsenic, cadmium, nickel and benzo(a)pyrene,
ii
the polycyclic aromatic hydrocarbons in paragraph (1) of regulation 14,
iii
total gaseous mercury.
b
total depositions of —
i
arsenic, cadmium, nickel and benzo(a)pyrene within the PM 10 fraction;
ii
the polycyclic aromatic hydrocarbons in paragraph (1) of regulation 14,
iii
mercury.
2
For the purposes of paragraph (1) the Secretary of State must ensure that —
a
at least one sampling point is installed for every 100,000 km 2 ; and
b
each sampling point is located in accordance with Annex III to Directive 2004/107/EC .
3
In this Regulation “total gaseous mercury” means elemental mercury vapour (Hg 0 ) and reactive gaseous mercury, that is, water-soluble mercury species with sufficiently high vapour pressure to exist in the gas phase.
Reference methods for sampling and analysis
16
Measurements of arsenic, cadmium, mercury, nickel, benzo(a)pyrene and other polycyclic aromatic hydrocarbons in ambient air and deposition of those pollutants must be made in accordance with the reference measurement methods set out in Annex V to Directive 2004/107/EC .
PART 3 Duties of Secretary of State in relation to limit values etc.
Duty in relation to limit values
17
1
The Secretary of State must ensure that levels of sulphur dioxide, nitrogen dioxide, benzene, carbon monoxide, lead and particulate matter do not exceed the limit values set out in Schedule 2.
2
In zones where levels of the pollutants mentioned in paragraph (1) are below the limit values set out in Schedule 2, the Secretary of State must ensure that levels are maintained below those limit values and must endeavour to maintain the best ambient air quality compatible with sustainable development.
Duty in relation to target values
18
1
The Secretary of State must ensure that all necessary measures not entailing disproportionate costs are taken to ensure that concentrations of PM 2.5 , ozone, arsenic, cadmium, nickel and benzo(a)pyrene do not exceed the target values in Schedule 3.
2
The Secretary of State must draw up a list of all zones where the target values for arsenic, cadmium, nickel or benzo(a)pyrene are met and in relation to those zones, must maintain the levels of those pollutants below those target values and must endeavour to achieve the best ambient air quality compatible with sustainable development.
3
The Secretary of State must draw up a list of all zones where the target value for arsenic, cadmium, nickel or benzo(a)pyrene is exceeded, and in relation to those zones, must identify the areas where those values are exceeded and the relevant sources of pollutants.
4
In relation to the zones to which paragraph (3) applies, the measures in paragraph (1) must be directed at the predominant sources of emission which have been identified, and where applicable will entail the application of best available techniques in accordance with Directive 2008/1/EC of the European Parliament and of the Council concerning integrated pollution prevention and control .
Date of application for limit values and target values
19
1
Limit values and target values —
a
apply from the date specified for each limit value or target value concerned; or
b
apply when these Regulations come into force, if no date is specified.
Duty in relation to long-term objectives for ozone
20
1
The Secretary of State must ensure that all necessary measures not entailing disproportionate cost are taken to attain the long-term objectives for ozone set out in Schedule 4.
2
In zones where the long-term objectives for ozone have been attained, the Secretary of State must, insofar as factors including meteorological conditions and the transboundary nature of ozone pollution permit —
a
ensure that they continue to be met;
b
maintain the best ambient air quality compatible with sustainable development;
c
maintain a high level of protection for the environment and human health.
Duty in relation to information and alert thresholds
21
Where any of the information or alert thresholds in Schedule 5 are exceeded the Secretary of State must inform the public by means of radio, television, newspapers or the internet.
Duty in relation to critical levels for the protection of vegetation
22
The Secretary of State must ensure that the critical levels set out in Schedule 6 are not exceeded.
PART 4 National Exposure Reduction for PM 2.5
Average exposure indicator
23
1
The Secretary of State must calculate the average exposure indicator for PM 2.5 (“ AEI ”) for the United Kingdom for 2010, 2015 and 2020.
2
The AEI must be calculated as follows —
a
an average annual measurement must be derived from measurements at all the sampling points in urban background locations which have been installed in accordance with Section B of Annex V to Directive 2008/50/EC ;
b
the average annual measurement in paragraph (a) must be averaged over three calendar years.
3
The AEI for 2010 must be based on measurements for the years 2009, 2010 and 2011.
4
The AEI for 2015 must be based on measurements for the years 2013, 2014 and 2015.
5
The AEI for 2020 must be based on measurements for the years 2018, 2019 and 2020.
6
The Secretary of State must ensure that the distribution and number of sampling points used for calculating the AEI adequately reflects the exposure of the general population.
National exposure reduction target
24
Based on the AEI for 2010, the Secretary of State must establish the national exposure reduction target for the United Kingdom in accordance with the table in Schedule 7.
Duty of the Secretary of State to limit exposure to PM 2.5
25
1
The Secretary of State must ensure that all necessary measures not entailing disproportionate costs are taken in relation to England with a view to attaining the national exposure reduction target by 2020.
2
The Secretary of State must base assessment of compliance with paragraph (1) on a comparison of the AEI for 2020 with the AEI for 2010.
3
The Secretary of State must ensure that all appropriate measures are taken in relation to England with a view to ensuring that the AEI for 2015 does not exceed 20 µg/m 3 .
4
Where it appears necessary and after consultation with the relevant administrations as appropriate, the Secretary of State must take measures in relation to the United Kingdom to —
a
attain the national exposure reduction target;
b
ensure that the AEI for 2015 does not exceed 20 µg/m 3 .
PART 5 Plans
Air quality plans
26
1
Where the levels of sulphur dioxide, nitrogen dioxide, benzene, carbon monoxide, lead and PM 10 in ambient air exceed any of the limit values in Schedule 2 or the level of PM 2.5 exceeds the target value in Schedule 3, the Secretary of State must draw up and implement an air quality plan so as to achieve that limit value or target value.
2
The air quality plan must include measures intended to ensure compliance with any relevant limit value within the shortest possible time.
3
Between the date when these Regulations come into force and 31st December 2014, the Secretary of State must draw up and implement an air quality plan if levels of PM 2.5 in ambient air exceed a level calculated by applying the margin of tolerance set out in Schedule 2 to the limit value.
4
Air quality plans must include the information listed in Schedule 8.
5
Wherever possible, air quality plans must be consistent with other plans drawn up in accordance with obligations imposed under Council Directive 2001/80/EC on the limitation of emissions of certain pollutants into the air from large combustion plants , Council Directive 2001/81/EC on national emission ceilings for certain atmospheric pollutants , and Council Directive 2002/49/EC on assessment and management of environmental noise .
6
Where an air quality plan is required in relation to more than one pollutant, the Secretary of State must, where appropriate, draw up and implement an integrated plan in relation to all pollutants concerned.
7
Where the level of ozone in a zone exceeds the target value in Schedule 3, the Secretary of State must draw up and implement an air quality plan unless the measures necessary to achieve the target value would entail disproportionate cost.
Short-term action plans
27
1
Where, in any zone, there is a risk that levels of sulphur dioxide or nitrogen dioxide will exceed the alert thresholds set out in Schedule 5, the Secretary of State must draw up and implement a short-term action plan.
2
A short-term action plan must set out the measures intended to reduce the risk of alert thresholds being exceeded, or in the event of the levels being exceeded, to reduce the duration of such an incident.
3
Where, in any zone, levels of ozone exceed the alert threshold set out in Schedule 5 or there is a risk that they will exceed that threshold, the Secretary of State must draw up and implement a short-term action plan taking into account Decision 2004/279/EC , if of the opinion that it is reasonably likely that the risk of alert level being exceeded, or the severity or duration of such an incident can be reduced taking into account geographical, meteorological and economic conditions.
4
For the purposes of paragraph (3), the threshold must be exceeded or be predicted to exceed the alert threshold for at least three consecutive hours.
5
Short-term action plans may also be drawn up where there is a risk that any of the limit values or target values set out in Schedules 2 or 3 will be exceeded.
Public participation in drawing up air quality and short-term action plans
28
1
The Secretary of State must consult the public where the Secretary of State proposes to prepare, modify or review an air quality plan or a short-term action plan.
2
Where paragraph (1) applies, the Secretary of State must —
a
inform the public as to the proposal, any relevant background information and the right of the public to participate in the drawing up of the plan;
b
specify the means by which the public can participate in the consultation, including an address for responses, and a reasonable timescale for the consultation;
c
take account of the results of the consultation in drawing up the plan.
3
When the plan is published, the Secretary of State must also provide information to the public as to the reasons for the contents of the plan together with information about the public participation process that has been carried out.
PART 6 Public information
Public information
29
1
The Secretary of State must make the following available to the public and appropriate interested organisations —
a
up-to-date information given on at least a daily basis, and if possible on an hourly basis on concentrations of sulphur dioxide, nitrogen dioxide, PM 10 and if possible, PM 2.5 , ozone and carbon monoxide;
b
up-to-date information on concentrations of benzene and lead, presented as an average over the last twelve months, and updated every three months or if possible every month;
c
up-to-date information as to any amendment to the attainment dates for limit values for nitrogen dioxide or PM 10 ;
d
up–to-date information on concentrations and deposition rates of arsenic, cadmium, nickel, mercury, benzo(a)pyrene and other polycyclic aromatic hydrocarbons;
e
information about cases where target values for arsenic, cadmium, nickel and benzo(a)pyrene are exceeded, together with reasons for such cases, the area concerned, and appropriate information regarding effects on health and the environment;
f
information on measures taken to achieve target values for arsenic, cadmium, nickel and benzo(a)pyrene;
g
information about actual or predicted instances where pollutants exceed alert or information thresholds;
h
air quality plans;
i
short-term action plans.
2
The information in paragraph (1)(g) must be made available in accordance with Schedule 9.
3
Information must be distributed free of charge in a clear and comprehensible manner via any easily accessible media including the internet or other appropriate means of telecommunication taking into account the requirements of Council Directive 2007/2/EC on establishing an infrastructure for spatial information in the European Community .
4
For the purposes of this Part, “interested organisations” includes environmental organisations, consumer organisations, organisations representing sensitive populations, relevant healthcare bodies and industrial federations.
Annual reports
30
1
The Secretary of State must publish annual reports for all the pollutants.
2
Annual reports must contain the following information —
a
details of all cases where levels of pollutants have exceeded limit values, target values, long term objectives, information and alert thresholds set out in Schedules 2 to 5 for the relevant averaging periods,
b
a summary assessment of the effects of the cases referred to in paragraph (a).
3
Annual reports may contain further information where appropriate, including assessments on forest protection and information as to ozone precursor substances listed in section B of Annex X to Directive 2008/50/EC as the Secretary of State thinks appropriate.
PART 7 General
Power to give directions
31
1
For the purposes of implementing any obligations of the United Kingdom under Directive 2008/50/EC , Directive 2004/107/EC and Council Decision 97/101/EC establishing a reciprocal exchange of information and data from networks and individual stations measuring ambient air pollution within the member States , the Secretary of State has the same power to give directions under these Regulations to —
a
local authorities in Greater London; and
b
the Mayor of London,
as the Secretary of State has under section 85(5)(a) of the Environment Act 1995 in relation to local authorities outside Greater London.
2
The provisions of subsections (6) and (7) of section 85 of the Environment Act 1995 apply to directions given under this regulation as they apply to directions given under section 85(5)(a) and in the case of paragraph (1)(b) of this regulation, as if the Mayor of London were a local authority.
Transboundary air pollution
32
1
For the purpose of this Regulation a transboundary pollution issue arises when any of the following is exceeded within any part of a member State due to significant transport of air pollutants or their precursor substances from any other member State —
a
a limit value or target value together with any relevant margin of tolerance;
b
an alert threshold;
c
a long-term objective.
2
The relevant administration must notify the Secretary of State where any transboundary pollution issue affects their territory.
3
Where the Secretary of State —
a
considers that a transboundary pollution issue has arisen in England;
b
is notified under paragraph (2); or
c
is notified by another member state as to a transboundary pollution issue in their territory which arises from the United Kingdom,
the Secretary of State must consult the relevant member State as to any remedial action that might be appropriate.
4
The Secretary of State must inform any relevant administration affected of any notification from another member State and consult the relevant administration about any action he proposes to take.
5
Where information or alert thresholds are exceeded in locations close to the border of the United Kingdom —
a
any relevant administration affected must inform the Secretary of State,
b
the Secretary of State must provide prompt information in relation to England or as provided by the relevant administration under paragraph (a), as the case may be, to any relevant neighbouring member State.
Revocations
33
The Air Quality Standards Regulations 2007 are revoked.
Jim Fitzpatrick
Minister of State
Department for Environment, Food and Rural Affairs
25th March 2010


text:
Title and commencement
1
1
The title of this Order is The Vale of Glamorgan (Communities) Order 2010.
2
Subject to paragraph (3) or any purpose set out in regulation 4(1) of the Regulations, this Order comes into operation on 1 June 2010.
3
Article 6 comes into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2012, on 15 October 2011;
b
for all other purposes, on the ordinary day of election of councillors in 2012.
4
For all other purposes, this Order comes into force on 1 December 2010, which is the appointed day for the purposes of the Regulations.
Interpretation
2
In this Order —
Map A (“ Map A ”), Map B (“ Map B ”), Map C (“ Map C ”) and Map D (“ Map D ”) mean respectively the maps marked A, B, C and D of The Vale of Glamorgan (Communities) Order 2010 and deposited in accordance with regulation 5 of the Regulations;
“the Regulations” (“ y Rheoliadau ”) means the Local Government Area Changes Regulations 1976 ; and
where a boundary is shown on a map as running along a road, railway line, footway, watercourse or similar geographical feature, it is to be treated as running along the centre line of the feature.
Local government area changes
3
Changes are made in the local government area of the County Borough of the Vale of Glamorgan in accordance with the following provisions of this Order.
Llandough and Michaelston – change in community areas and consequential changes to electoral arrangements
4
The part of the community of Llandough shown hatched on Map A —
a
is transferred to the community of Michaelston;
b
forms part of the Michaelston ward of the community of Michaelston; and
c
forms part of the electoral division of Dinas Powys.
Llanmaes and Llantwit Major – change in community areas and consequential changes to electoral arrangements
5
The part of the community of Llantwit Major shown hatched on Map B is transferred to the community of Llanmaes.
6
In the community of Llantwit Major —
a
the number of councillors to be returned for the Boverton ward is 4;
b
the number of councillors to be returned for the North ward continues to be 5;
c
the number of councillors to be returned for the South East ward is 3;
d
the number of councillors to be returned for the West ward is 2.
Penarth and Sully – changes in community areas and consequential changes to electoral arrangements
7
1
The parts of the community of Sully shown as hatched areas “a” and “b” on Map C are —
a
transferred to the community of Penarth;
b
form part of the Plymouth ward of the community of Penarth; and
c
form part of the electoral division of Plymouth.
2
The part of the community of Penarth shown as hatched area “c” on Map C is —
a
transferred to the community of Sully; and
b
forms part of the electoral division of Sully.
Pendoylan and Welsh St.Donats — changes in community areas
8
The part of the community of Welsh St. Donats shown hatched on Map D is transferred to the community of Pendoylan.
Carl Sargeant
Minister for Social Justice and Local Government, one of the Welsh Ministers
18 May 2010


text:
PART 1 GENERAL
Citation and commencement
1
This Order may be cited as the Norwich and Norfolk (Structural Changes) Order 2010 and shall come into force on the day after that on which it is made.
Interpretation
2
In this Order —
“the 2007 Act ” means the Local Government and Public Involvement in Health Act 2007;
“the 2000 Act ” means the Local Government Act 2000 ;
“the 1972 Act ” means the Local Government Act 1972 ;
“article 5 functions” means the other transitional functions referred to in article 5;
“existing” means existing on the day on which this Order is made;
“Norwich”, except the second mention of that word in article 3(2), in article 3(3), and in the expressions “the Norwich county electoral divisions” and “Norwich City Council”, means the city of Norwich;
“Norwich City Council” means the non-metropolitan district council of that name ;
“the Norwich county electoral divisions” means the existing county electoral divisions of Bowthorpe, Catton Grove, Crome, Eaton, Lakenham, Mancroft, Mile Cross, Nelson, Sewell, Thorpe Hamlet, Town Close, University and Wensum that are established by article 3 of the County of Norfolk (Electoral Changes) Order 2005 ;
“the 2011 election day ” means the ordinary day of election of councillors in 2011;
“the Implementation Executive ” means the body established (whether before or after the coming into force of this Order) for the purposes of article 4(3);
“the main transitional function” has the meaning given by article 4(1);
“the proper officer”, in relation to any purpose and Norwich City Council or Norfolk County Council, means the officer appointed for that purpose by that council; and
“the transitional period” means the period beginning on the date when this Order comes into force and ending on the fourth day after the 2011 election day.
PART 2 ESTABLISHMENT OF SINGLE TIER LOCAL GOVERNMENT IN NORWICH
Single tier local government in Norwich
3
1
On 1st April 2011 Norwich shall cease to form part of the county of Norfolk.
2
For the purposes of enactments relating to local government, there shall be a new county, whose area shall be co-terminous with that of Norwich; and the name of that new county shall be Norwich.
3
In relation to the county of Norwich, section 2(1) of the 1972 Act (which provides that every county shall have a council) shall not apply.
4
On and after 1st April 2011 Norwich City Council shall be the sole principal council for Norwich.
5
On 1st April 2011 —
a
the Norwich county electoral divisions shall cease to exist; and
b
the term of office of the persons who, immediately before that date, are the elected members of Norfolk County Council for those divisions shall expire.
PART 3 TRANSITIONAL FUNCTIONS AND THEIR DISCHARGE
Main transitional function and Implementation Executive
4
1
On the coming into force of this Order until the end of the transitional period, there shall be added to the functions of Norwich City Council and Norfolk County Council the function of preparing for and facilitating the economic, effective, efficient and timely transfer to Norwich City Council of Norfolk County Council’s functions, property, rights and liabilities, in so far as they relate to Norwich (“the main transitional function”).
2
Throughout the transitional period, section 14 of the 2000 Act (discharge of functions: general) shall have effect in relation to Norwich City Council and —
a
the main transitional function, and
b
the article 5 functions,
as if, in subsection (1), after the words “19 or 20,” there were inserted “or under the Norwich and Norfolk (Structural Changes) Order 2010”.
3
Norwich City Council’s executive arrangements shall provide for the discharge of the main transitional function and the article 5 functions to be the responsibility, throughout the transitional period, of a committee of the City Council’s executive , to be known as the Implementation Executive.
4
Such statutory provisions as apply to, or in relation to, committees of a local authority’s executive shall apply throughout the transitional period to, or in relation to, the Implementation Executive subject to paragraphs (5), (6) and (8) to (11) of this article and article 6(2) and (3); and for this purpose “statutory provisions” includes —
a
any enactment contained in an Act passed after the making of this Order; and
b
any instrument made at any time under an enactment (including an enactment contained in an Act passed after the 2007 Act).
5
The Implementation Executive shall consist of —
a
the person who, for the time being, is the leader of Norwich City Council’s executive;
b
eleven other persons nominated by that Council who, for the time being, are members of that Council; and
c
six persons nominated by Norfolk County Council who are for the time being members of that Council elected for any of the Norwich county electoral divisions.
6
In making the nominations referred to in paragraph (5)(b) and (c), Norwich City Council and Norfolk County Council shall, to the extent that it is practicable to do so, secure that at all times the Conservative Party, the Labour Party, the Liberal Democrat Party and the Green Party are each represented on the Implementation Executive by at least one member.
7
It shall be the duty of Norwich City Council and Norfolk County Council to co-operate in the establishment of the Implementation Executive.
8
The leader of the Implementation Executive shall be the person who is for the time being the leader of Norwich City Council’s executive.
9
The persons who, immediately before 1st April 2011, are members of the Implementation Executive by virtue of paragraph (5)(c) shall continue as members of the Implementation Executive notwithstanding that they cease on that date to be members of Norfolk County Council.
10
The Implementation Executive shall regulate its own proceedings, but a question to be decided by that Executive shall, in the first instance, be decided by the majority of those present and voting at the meeting at which the question is put, each member (including the leader of the Implementation Executive) having one vote.
11
In the case of an equality of votes, the person presiding at the meeting (whether or not the leader of the Implementation Executive) shall have a casting vote, in addition to any other vote the person may have.
Other transitional functions of the Implementation Executive
5
1
The other transitional functions which are to be exercisable only during the transitional period are —
a
the existing executive and non-executive functions of Norwich City Council and Norfolk County Council; and
b
such other functions (including functions conferred on or after the day on which this Order is made on local authorities generally or on particular classes of local authority),
as, by any of the means mentioned in paragraph (2), the Secretary of State specifies as a function or responsibility of the Implementation Executive.
2
The means referred to in paragraph (1) are —
a
this Order,
b
a subsequent order made under section 7 of the 2007 Act by virtue of section 14 of the Interpretation Act 1978 (power to amend) ,
c
an order under section 20 of the 2007 Act (correction of orders), and
d
regulations under section 14 of the 2007 Act (regulations for supplementing orders).
Discharge of functions by Implementation Executive
6
1
The discharge of the main transitional function and the article 5 functions shall be a responsibility, throughout the transitional period, of the Implementation Executive.
2
Section 14(5) of the 2000 Act (which enables a committee of a local authority executive to arrange for the discharge of its functions by an officer of the authority) shall have effect in the transitional period in relation to the Implementation Executive as if the reference to an officer of the authority included a reference to —
a
a sub-committee of the Implementation Executive, and
b
an officer of Norfolk County Council.
3
Section 14(6) of the 2000 Act (which enables the discharge of a function by a person despite that person having made arrangements for the discharge of that function by a different person) shall have effect in the transitional period in relation to arrangements made under subsection (5) of that section (as modified by paragraph (2) above) as if the reference to an officer of the authority included a reference to —
a
a sub-committee of the Implementation Executive, and
b
an officer of Norfolk County Council.
4
Section 21 of the 2000 Act (overview and scrutiny) shall not apply during the transitional period in relation to any matter that is a responsibility of the Implementation Executive by virtue of paragraph (1).
5
During the transitional period, section 13 of the 2000 Act (functions which are the responsibility of an executive) shall have effect as if, at the end of subsection (10)(c), there were added “or as mentioned in article 6(6) of the Norwich and Norfolk (Structural Changes) Order 2010”.
6
During the transitional period, Norwich City Council and Norfolk County Council shall discharge jointly under arrangements under section 101(5) of the 1972 Act the functions of —
a
reviewing or scrutinising decisions made, or other action taken, by the Implementation Executive in connection with any matter that is a responsibility of that Executive by virtue of paragraph (1); and
b
preparing reports for, or making recommendations to, the Implementation Executive in connection with any such responsibility.
7
The joint committee established pursuant to paragraph (6) shall at least once in each period of three months during the transitional period inform Norwich City Council and Norfolk County Council of —
a
the matters that it has considered, and
b
the conclusions (if any) that it has reached concerning those matters.
Implementation Plan and further provisions relevant to discharge of functions by Implementation Executive
7
1
The Implementation Executive shall prepare, keep under review, and revise as necessary, an Implementation Plan which shall include —
a
such plans and timetables as are in the opinion of the Implementation Executive necessary or desirable to secure the economic, effective, efficient and timely discharge of the main transitional function and the article 5 functions; and
b
such budgets and plans as it considers necessary or desirable to facilitate the economic, effective, efficient and timely discharge of Norwich City Council’s functions on or after 1st April 2011.
2
For the purposes of —
a
preparing, reviewing and revising the Implementation Plan,
b
discharging the main transitional function and the article 5 functions, and
c
discharging such other functions as may be conferred on it,
the Implementation Executive shall have regard to the information supplied by Norwich City Council to the Secretary of State in support of its proposal for single tier local government in Norwich and, in particular, to the information supplied in relation to the matters specified in paragraphs 3.6 to 3.11 (strategic leadership, neighbourhood empowerment and value for money services) of the guidance “Invitations to councils in England”, issued by the Secretary of State in October 2006 .
3
The Implementation Executive may, by written notice to —
a
the proper officer of Norwich City Council, or
b
the proper officer of Norfolk County Council,
require the council referred to in the notice to take such action relevant to the main transitional function and the article 5 functions as may be specified in the notice.
Implementation Team
8
1
Not later than 21 days after the coming into force of this Order the Implementation Executive shall form a team of officers for the purpose of assisting that Executive in the discharge of the main transitional and article 5 functions (“the Implementation Team”).
2
The Implementation Team shall include officers from both Norwich City Council and Norfolk County Council.
3
The leader of the Implementation Team shall be such member of that Team, being also an officer of Norwich City Council, as the Implementation Executive shall appoint.
4
It shall be the duty of Norwich City Council and Norfolk County Council to co-operate in the formation of the Implementation Team and to release the officers concerned from their normal duties at such times or for such periods as the Implementation Executive may reasonably require.
PART 4 DUTIES OF NORWICH CITY COUNCIL AND NORFOLK COUNTY COUNCIL RELEVANT TO TRANSITION
General transitional duties of Norwich City Council and Norfolk County Council
9
1
It shall be the duty of Norwich City Council and Norfolk County Council —
a
to take, whether alone or together, such steps as may be necessary to prepare for the transfer to Norwich City Council of Norfolk County Council’s functions, property, rights and liabilities relating to Norwich;
b
to consult and co-operate with each other in order to secure the economic, effective, efficient and timely transfer of those functions, property, rights and liabilities; and
c
generally, to exercise their functions so as to further the purposes of this Order.
2
Without prejudice to the generality of paragraph (1), Norwich City Council and Norfolk County Council shall provide such information relating to its functions as the other council or the Implementation Executive may reasonably request for the purpose of implementing this Order.
3
Any person authorised in that behalf by the body making the request shall be entitled, at all reasonable times, on producing evidence of such authority (if so required by the council from which the information is sought) —
a
to inspect any record belonging to or under the control of the council providing the information and relating to that council or its functions; and
b
to take, or be supplied with, a copy of any such record or part of it.
4
The rights conferred by paragraph (3) include the right to require any record which is not in legible form to be made available in legible form so that the authorised person may inspect or copy it or be supplied with copies.
PART 5 ELECTORAL MATTERS
Elections to Norwich City Council in 2011 and 2015, etc
10
1
A whole council election of councillors of Norwich City Council shall be held on the 2011 election day, on the ordinary day of election of councillors in 2015 and in every fourth year thereafter.
2
The election held on the 2011 election day shall be conducted on the basis of the existing wards of the city .
3
The proper officer of Norwich City Council shall take such steps as are necessary or appropriate to prepare for the election on the 2011 election day, including the making of all necessary alterations in the electoral register.
Cancellation of elections
11
1
Notwithstanding section 7(8) and (9) of the 1972 Act (elections of councillors) —
a
elections shall not be held on the ordinary day of election of councillors in 2010 for the return of councillors to Norwich City Council; and
b
the term of office of all councillors elected to Norwich City Council before the 2011 election day shall end on the fourth day after the 2011 election day.
2
Nothing in section 89 of the 1972 Act (filling of casual vacancies in case of councillors) shall authorise the holding of an election to fill a casual vacancy in any of the Norwich county electoral divisions where that vacancy arises after 30th September 2010 and before 1st April 2011.
Amendment of City of Norwich electoral orders
12
On 1st April 2011 —
a
the City of Norwich (Electoral Changes) Order 2002 is amended by the omission of article 4 (elections of the council of Norwich); and
b
the City of Norwich (Electoral Arrangements) Order 1977 is revoked.
Amendment of the County of Norfolk (Electoral Changes) Order 2005
13
On 1st April 2011 the County of Norfolk (Electoral Changes) Order 2005 is amended —
a
in article 3(2) (electoral divisions of the county of Norfolk) for “eighty-four” substitute “seventy-one”; and
b
in the Schedule omit the heading “In the city of Norwich” and all entries under that heading.
Signed by authority of the Secretary of State for Communities and Local Government
Rosie Winterton
Minister of State
Department for Communities and Local Government
24th March 2010


text:
Citation and commencement
1
These Regulations may be cited as the Registered Pension Schemes (Provision of Information) (Amendment) Regulations 2010 and shall come into force on 6th April 2010.
Amendment of the Registered Pension Schemes (Provision of Information) Regulations 2006
2
The Registered Pension Schemes (Provision of Information) Regulations 2006 are amended as follows.
3
1
In paragraph (2) of regulation 4 (provision of information in respect of a pension scheme which has been wound-up) —
a
in sub-paragraph (b) omit “or” and at the end of sub-paragraph (c) insert “;or”, and
b
after sub-paragraph (c) insert —
d
an annuity policy which is treated as a registered pension scheme by virtue of article 15(5) of the Pension Schemes (Transfers, Reorganisations and Winding Up) (Transitional Provisions) Order 2006 other than an annuity policy to which paragraph (2A) applies.
.
2
In paragraph (2A) of regulation 4 —
a
after the words “annuity contract” insert “or annuity policy”,
b
for sub-paragraph (a) substitute —
a
which has received a recognised transfer (within the meaning of section 169) subsequent to the one which led to —
i
the annuity contract becoming a registered pension scheme under section 153(8), or
ii
the annuity policy becoming a registered pension scheme under paragraph 1(1) of Schedule 36 by virtue of article 15(5) of the Pension Schemes (Transfers, Reorganisations and Winding Up) (Transitional Provisions) Order 2006;
.
4
After regulation 5 (provision of information by employer company to the Commissioners) insert —
Unauthorised borrowing: Provision of information by scheme administrator to the Commissioners
5A
1
Where a registered pension scheme is treated as having made a scheme chargeable payment (“the payment”) by virtue of sections 183 (effect of unauthorised borrowing: money purchase arrangements) or 185 (effect of unauthorised borrowing: other arrangements), the scheme administrator shall provide the information specified in paragraph (2).
2
The information required is —
a
the name and pension scheme tax reference number of the scheme that is treated as making the payment;
b
the name and address of the scheme administrator;
c
the tax year in which the payment is treated as having been made; and
d
the aggregate amount of payments treated as having been made by the scheme during that tax year.
3
This information shall be provided to the Commissioners in an annual written report delivered at any time which falls —
a
after the end of the tax year in which the payment is treated as having been made, but
b
no later than the 31st January following that tax year.
.
Dave Watts
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd March 2010


text:
Title and commencement
1
The title of this Order is the Civil Enforcement of Parking Contraventions (County of Pembrokeshire) Designation Order 2010 and it comes into force on 1 February 2011.
Designation of civil enforcement area and special enforcement area
2
1
The Welsh Ministers designate the area described in paragraph (2) as —
a
a civil enforcement area for parking contraventions; and
b
a special enforcement area.
2
The designated area is the County of Pembrokeshire.
Ieuan Wyn Jones
Minister for the Economy and Transport, one of the Welsh Ministers
8 December 2010


text:
Citation and commencement
1
This Order may be cited as the Guardian’s Allowance Up-rating Order 2010 and shall come into force on 12th April 2010.
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 (weekly rate of guardian’s allowance) for “£14.10” substitute “£14.30”.
Tony Cunningham
Dave Watts
Two of the Lords Commissioners for Her Majesty’s Treasury
24th March 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Serious Organised Crime and Police Act 2005 (Disclosure of Information by SOCA) Order 2010 and shall come into force on the day after the day on which it is made.
2
In this Order “national anti-doping organisation” has the meaning given in Appendix 1 to the World Anti-Doping Code which was adopted by the World Anti-Doping Agency’s Foundation Board on 17 th November 2007 and which came into effect on 1 st January 2009 .
Disclosure of information by SOCA
2
The functions of United Kingdom Anti-Doping Limited (a company limited by guarantee with registration number 6990867) when it is acting as a national anti-doping organisation are designated for the purposes of section 33 of the Serious Organised Crime and Police Act 2005, being functions which appear to the Secretary of State to be functions of a public nature.
Nick Herbert
Minister of State
Home Office
2nd August 2010


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the Crime and Disorder (Formulation and Implementation of Strategy) (Amendment) Regulations 2010 and shall come into force on 1st April 2010.
2
In these Regulations “the 2007 Regulations ” means the Crime and Disorder (Formulation and Implementation of Strategy) Regulations 2007 .
3
These Regulations apply to England only.
Amendments to the 2007 Regulations
2
The 2007 Regulations shall be amended as follows.
3
1
In regulation 2, after the definition of “partnership plan” insert the following definition —
“re–offending” means offending (in any area) by people living in the area who have previously been convicted of, cautioned for, or warned or reprimanded under section 65 of the Crime and Disorder Act 1998 for, a criminal offence.
.
2
In regulation 3 —
a
in paragraph (2), for “paragraph (3)”, substitute “paragraphs (3) and (3A)”;
b
after paragraph (3), insert —
3A
Where there is more than one responsible authority of the type specified in section 5(1)(aa) of the 1998 Act in the area, those providers shall jointly appoint one or more persons to the strategy group.
3
In regulation 6(f), before “crime and disorder”, insert “re–offending,”.
4
In regulation 7 —
a
in sub–paragraph (a), before “crime and disorder”, insert “re–offending,”;
b
in sub–paragraph (d), before “crime and disorder”, insert “re–offending,”; and
c
in sub–paragraph (e), before “crime and disorder”, insert “re–offending,”.
5
After regulation 8(2)(f) insert —
g
one or more persons appointed jointly by the providers of probation services operating within the area in pursuance of arrangements under section 3 of the Offender Management Act 2007 which provide for them to be responsible authorities under section 5 of the 1998 Act.
6
In regulation 9(3)(b), before “crime and disorder”, insert “re–offending,”.
7
In regulation 11(1)(a), before “crime and disorder”, insert “re–offending,”.
8
In regulation 12(1) —
a
in sub–paragraph (a), before “crime and disorder”, insert “re–offending,” ; and
b
in sub–paragraph (b), before “crime and disorder”, insert “re–offending,”.
9
In regulation 13, before “crime and disorder”, insert “re–offending,”.
David Hanson
Minister of State
Home Office
6th March 2010


text:
Citation and commencement
1
1
This Order may be cited as the Northumberland Inshore Fisheries and Conservation Order 2010.
2
This Order comes into force on 1st October 2010.
Interpretation
2
1
In this Order —
“the Marine Act ” means the Marine and Coastal Access Act 2009;
“additional member” is to be read in accordance with article 5(2)(c) ;
“ the Authority ” means the Northumberland Inshore Fisheries and Conservation Authority (see article 4 );
“chair” means the chair of the Authority (see article 7 );
“council member” is to be read in accordance with article 5(2)(a) ;
“the district” is to be read in accordance with article 3(1) ;
“general member” is to be read in accordance with article 5(2)(b) ;
“relevant appointing body”, in relation to a person, means the body that appointed the person as a member of the Authority;
“relevant council” is to be read in accordance with article 3(3) ;
“vice-chair” is to be read in accordance with article 14 (1).
2
Expressions used in this Order and in Chapter 1 of Part 6 of the Marine Act have the same meaning in this Order as they have in that Chapter.
The Northumberland Inshore Fisheries and Conservation District
3
1
There is to be an inshore fisheries and conservation district known as the Northumberland Inshore Fisheries and Conservation District (“the district”).
2
The district is the area that consists of —
a
the combined areas of the relevant councils (the “basic area” of the district); and
b
the adjacent area of sea (see paragraph (4) ).
3
The “relevant councils” are —
Northumberland County Council;
North Tyneside Metropolitan Borough Council.
4
The “adjacent area of sea” is so much of the sea adjacent to the basic area of the district as lies —
a
within the boundaries specified in paragraph (5) ; and
b
to a distance of 6 nautical miles from the 1983 baselines .
5
Those boundaries are —
a
a loxodromic line joining the co-ordinates numbered 1 to 5 in Part 1 of the Table in the Schedule; and
b
a loxodromic line joining the co-ordinates numbered 1 to 3 in Part 2 of that Table.
6
In this article —
a
“the 1983 baselines” means the baselines for the measurement of the breadth of the territorial sea of the United Kingdom as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964 ;
b
“ co-ordinate ” means a co-ordinate of latitude and longitude on the World Geodetic System 1984; and
c
“ nautical mile ” means an international nautical mile of 1,852 metres.
The Northumberland Inshore Fisheries and Conservation Authority
4
The inshore fisheries and conservation authority for the district is to be known as the Northumberland Inshore Fisheries and Conservation Authority.
Membership of the Authority
5
1
The Authority is to consist of 21 members.
2
Of those 21 members —
a
7 (the “council members”) must be members of relevant councils and must be appointed in accordance with paragraph (3) ;
b
12 (the “general members”) must be persons appointed by the MMO , and must include at least one employee of the MMO; and
c
2 (the “additional members”) must be appointed in accordance with paragraph (4) .
3
The number of council members to be appointed by each relevant council is as follows —
Relevant council Number of members
Northumberland County Council 6 North Tyneside Metropolitan Borough Council 1
4
One of the additional members is to be appointed by the Environment Agency and the other is to be appointed by Natural England.
Terms of appointment
6
1
A person appointed as a member of the Authority holds and vacates office in accordance with the terms of the appointment.
2
The terms of appointment of a member are such as the body making the appointment determines.
3
Paragraph (1) is subject to articles 9 to 11 .
Appointment of Chair
7
1
The Authority must appoint from among its members a person to be the chair of the Authority.
2
Paragraph (1) is subject to articles 8(6) and 14(5) (eligibility for re-appointment).
3
The Authority must appoint the chair at the first meeting of the Authority held after the beginning of each financial year.
4
The chair holds office for the period beginning with the meeting at which the chair is appointed and ending with the first meeting of the Authority held after the beginning of the following financial year, but this is subject to articles 8 to 11 .
Removal of Chair
8
1
The Authority may remove a person from the office of chair if the condition in paragraph (2) is met.
2
The condition is that the Authority considers that the person is failing, or has failed, to discharge the duties of the chair in accordance with the requirements of —
a
the Marine Act;
b
this Order; or
c
any standing orders made by the Authority.
3
If a person is removed from the office of chair under this article, the Authority must appoint another person from among its members to the office of chair.
4
Paragraph (3) is subject to paragraph (6) and article 14(5) .
5
The person so appointed —
a
takes office on being appointed; and
b
holds office for the remainder of the period specified in article 7(4) ,
but paragraph (b) is subject to the further application of this article and to articles 9 to 11 .
6
A person who has been removed from the office of chair under this article is not eligible to be re-appointed as chair.
Resignation from office
9
1
A person may resign as a member of the Authority by giving notice in writing to —
a
the Authority; and
b
the relevant appointing body.
2
A person appointed as chair may resign from the office of chair by giving notice in writing to the Authority.
3
The Authority must appoint a person from among its members to the office of chair where —
a
a person who resigns as a member is the chair; or
b
a person appointed as chair resigns from the office of chair.
4
Paragraph (3) is subject to articles 8(6) and 14(5) .
5
The person so appointed —
a
takes office on being appointed; and
b
holds office for the remainder of the period specified in article 7(4) ,
but paragraph (b) is subject to the further application of this article and to articles 8 , 10 and 11 .
Suspension of membership
10
1
The Authority or the relevant appointing body may suspend the appointment of any member against whom criminal proceedings are commenced.
2
Where —
a
the member is acquitted of the offence; or
b
the proceedings are discontinued or withdrawn,
the suspension ends on the acquittal, discontinuance or withdrawal.
3
If the member is the chair, the member is also suspended as chair for the period of the suspension of membership.
4
A council member whose membership of the relevant appointing body is suspended is, for the period of that suspension, also suspended —
a
as a member of the Authority; and
b
if the council member is the chair, as chair.
Termination of membership
11
1
A person’s appointment as a member of the Authority ceases in any of the following circumstances —
a
the person is convicted of an offence under fisheries legislation, nature conservation legislation or marine licensing legislation;
b
a monetary penalty is imposed on the person under fisheries legislation, nature conservation legislation or marine licensing legislation;
c
the person is a council member and ceases to be a member of the relevant council that appointed the person as a member.
2
The Authority may terminate the appointment of a person as a member if the person is convicted of a criminal offence other than one under fisheries legislation, nature conservation legislation or marine licensing legislation.
3
The Authority must appoint a person from among its members to the office of chair where —
a
a person whose membership ceases under this article is the chair; or
b
a person whose membership ceases under the terms of the person’s appointment is the chair.
4
Paragraph (3) is subject to articles 8(6) and 14(5) .
5
The person so appointed —
a
takes office on being appointed; and
b
holds office for the remainder of the period specified in article 7(4) ,
but paragraph (b) is subject to the further application of this article and to articles 8 to 10 .
6
In this article —
a
“fisheries legislation” means enactments relating to sea or freshwater fishing;
b
“marine licensing legislation” means Part 4 of the Marine Act; and
c
“nature conservation legislation” means the enactments mentioned in section 237(2) of the Marine Act.
7
In paragraph (6) “enactment” includes an enactment contained in subordinate legislation.
Eligibility for appointment or re-appointment
12
A person is not eligible for appointment or re-appointment as a member of the Authority if —
a
the person has been convicted of a criminal offence; and
b
the conviction is not spent for the purposes of the Rehabilitation of Offenders Act 1974 .
Quorum and general procedure
13
1
A meeting of the Authority is quorate if —
a
6 or more members are present;
b
at least one of those members is a council member; and
c
at least one of those members is a general member.
2
The relevant councils may not make standing orders as respects the Authority under section 106 of the Local Government Act 1972 (standing orders with respect to proceedings).
Chairing of meetings
14
1
The Authority must appoint from among its members a person (the “vice-chair”) who is to chair any meeting of the Authority which the chair is unable to chair (but see paragraphs (4) and (5) ).
2
If neither the chair nor the vice-chair is able to chair a meeting of the Authority, the members present at the meeting must appoint one of their number to chair the meeting.
3
Articles 7(3) and (4) , 8(1) to (3) and (5) , 9(2), (3) and (5) , 10(3) and (4) and 11(3) and (5) apply to the vice-chair as they apply to the chair.
4
A person who has been removed from the office of chair under article 8 is not eligible to be appointed as vice-chair.
5
A person who has been removed from the office of vice-chair under article 8 is not eligible to be appointed as chair or re-appointed as vice-chair.
Expenses and allowances
15
1
The Authority may reimburse the expenses of its members incurred in connection with attending a meeting of the Authority or otherwise carrying out the functions of the Authority.
2
The Authority may pay to its members such allowances as it may determine.
3
In particular, the Authority may pay to a general member who is not an employee of the MMO an allowance in respect of a loss of earnings arising from that member’s attendance at a meeting of the Authority.
4
The Authority must determine, before the beginning of each financial year, the circumstances in which a member is eligible under this article for the reimbursement of expenses incurred in that year or the receipt of an allowance in respect of that year.
Expenses of the Authority
16
1
The expenses incurred by the Authority must be defrayed by the relevant councils in accordance with paragraph (2) .
2
The percentage of those expenses to be defrayed by each relevant council is as follows —
Relevant council Percentage
Northumberland County Council 83.37% North Tyneside Metropolitan Borough Council 16.63%
3
Before the consideration of any motion by virtue of subsection (4) of section 180 of the Marine Act to veto the total amount of expenses incurred by the Authority which is to be defrayed pursuant to that section, the Authority must give notice in writing of that motion to each council member.
Delegation of Authority’s functions
17
1
If the Authority considers it necessary or expedient for the exercise of its functions, it may authorise a sub-committee or any member or employee of the Authority to exercise any of the Authority’s functions.
2
A sub-committee may not include persons who are not members of the Authority.
3
Paragraph (1) does not prevent the Authority from exercising the function itself.
Validity of acts and proceedings
18
The validity of anything done by the Authority, or by any sub-committee of the Authority, is not affected by any of the following —
a
any vacancy in the office of chair or vice-chair;
b
any deficiency in the total number of members of the Authority or sub-committee;
c
any deficiency in the number of council members, general members or additional members;
d
any defect in a person’s appointment as the chair or vice-chair or as a member of the Authority or sub-committee.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
31st August 2010


text:
Citation, commencement, and interpretation
1
1
This Order may be cited as the Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order (Amendment) Order 2010 and shall come in force on 15th April 2010.
2
In this Order, “the principal Order ” means the Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order 1999 .
Amendments to Schedule 1 to the principal Order
2
Schedule 1 to the principal Order (employment to which this Order applies: employers immediately before the relevant event) is amended in accordance with articles 3 to 9.
3
In section 1 (local government) —
a
after paragraph 13 insert —
13A
A National Park Authority established under sections 6 to 8 of the National Parks (Scotland) Act 2000 .
;
b
for paragraph 16 substitute —
16
Audit Scotland .
;
c
after paragraph 22 add —
23
Improvement Service Company .
.
4
In section 2 (planning and development) —
a
after paragraph 41 insert —
41A
Olympic Park Legacy Company Limited .
; and
b
after paragraph 51 insert —
51A
City Building (Glasgow) LLP .
.
5
In section 3 (education), for paragraph 32 substitute —
32
Shetland Arts Development Agency .
.
6
In section 6 (police, fire and civil defence) , after paragraph 3 add —
4
A company the members of which comprise fire and rescue authorities in England and whose objects include the operation of a regional fire control centre.
.
7
In section 8 (social services) , after paragraph 1 insert —
1ZA
Essex Cares Limited .
1ZB
Essex Community Support Limited .
1ZC
Essex Employment and Inclusion Limited .
1ZD
Essex Equipment Services Limited .
.
8
In section 9 (museums), after paragraph 7 add —
8
Woodhorn Charitable Trust .
.
9
In section 10 (miscellaneous bodies) —
a
after paragraph 5A insert —
5B
A community justice authority under section 3 of the Management of Offenders (Scotland) Act 2005 .
5C
Active Stirling Limited .
5D
Ardroy Outdoor Learning Trust .
5E
Arts and Theatres Trust Fife Limited .
;
b
after paragraph 6C insert —
6D
City Markets (Glasgow) LLP .
6E
City Parking (Glasgow) LLP .
6F
City Property (Glasgow) LLP .
;
c
after paragraph 8 insert —
8AA
Cordia (Services) LLP .
;
d
after paragraph 8B insert —
8C
Culture and Sport Glasgow .
8D
Culture and Sport Glasgow (Trading) C.I.C. .
;
e
after paragraph 9AA insert —
9B
Enjoy East Lothian Limited .
;
f
after paragraph 10 insert —
10A
Fife Coast and Countryside Trust .
10B
Fife Sports and Leisure Trust Limited .
10C
Forth Valley GIS Limited .
10D
Glasgow Community and Safety Services Limited .
;
g
after paragraph 19 insert —
19ZA
North Lanarkshire Leisure Limited .
19ZB
Nuneaton and Bedworth Leisure Trust .
;
h
after paragraph 19A insert —
19AA
Pendle Leisure Limited .
;
i
after paragraph 19C insert —
19CA
Sandwell Arts Trust .
;
j
after paragraph 22A insert —
22B
Somerset Leisure Limited .
; and
k
after paragraph 23 insert —
23A
Sport Aberdeen .
.
Amendments to Schedule 2 to the principal Order
10
Part 2 of Schedule 2 to the principal Order (employers with whom employment may constitute relevant service) is amended in accordance with articles 10 and 11.
11
In section 2 (local government), after paragraph 14 add —
15
The Accounts Commission for Scotland .
.
12
In section 4 (education), after paragraph 19 insert —
19A
Shetland Arts Trust .
.
13
In section 9 (miscellaneous) , after paragraph 7 insert —
7A
The Traffic Director for London .
.
Signed by authority of the Secretary of State for Communities and Local Government
Barbara Follett
Parliamentary Under Secretary of State
Department for Communities and Local Government
22nd March 2010


text:
Citation and interpretation
1
1
This Order may be cited as the Coroners and Justice Act 2009 (Commencement No. 3 and Transitional Provision) Order 2010.
2
In this Order, “the 2009 Act ” means the Coroners and Justice Act 2009.
Appointed days
2
1
The following provisions of the 2009 Act shall come into force immediately before 1st February 2010 —
a
section 142 (Commissioner for Victims and Witnesses);
b
section 178 (repeals), so far as it relates to the repeals specified in sub-paragraph (c); and
c
in Part 5 of Schedule 23 (miscellaneous criminal justice provisions), the repeals relating to —
i
the Superannuation Act 1972 ,
ii
the House of Commons Disqualification Act 1975 ,
iii
the Northern Ireland Assembly Disqualification Act 1975 , and
iv
the Domestic Violence, Crime and Victims Act 2004 .
2
The provisions of the 2009 Act specified in the Schedule shall come into force on 1st February 2010.
Transitional provision
3
1
The coming into force of the relevant provisions of the 2009 Act, by virtue of article 2(2) and paragraphs 13 and 27(b) of the Schedule (and paragraph 19 so far as it relates to paragraph 27(b)), shall have no effect in relation to an application to the Legal Services Commission to fund services as part of the Community Legal Service made before 1st February 2010.
2
The relevant provisions of the 2009 Act are —
a
section 150 (certain services excluded from the Community Legal Service), and
b
in Part 6 of Schedule 23, the repeal of paragraph 1(h) of Schedule 2 to the Access to Justice Act 1999 (excluded services in relation to matters arising out of the carrying on of a business).
Signed by the authority of the Lord Chancellor and Secretary of State.
Claire M Ward
Parliamentary Under Secretary of State
Ministry of Justice
25th January 2010