text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Identity Cards Act 2006 (Application and Issue of ID Card and Notification of Changes) Regulations 2009 and shall come into force on the day after the day on which they are made.
2
In these Regulations –
“ 2006 Act ” means the Identity Cards Act 2006;
“acquired gender” means the gender different to that which an individual was initially registered as at birth;
“airside pass” means a pass allowing the person to whom it has been issued unaccompanied access to a restricted zone or to part of a restricted zone;
“an appropriate office of the Identity and Passport Service” means an office designated by the Identity and Passport Service as one which handles applications to be entered in the Register and for the issue of an ID card and notifications of changes affecting the accuracy of the Register;
“certificate of naturalisation” means a certificate of naturalisation as a British citizen, issued by the Secretary of State;
“certificate of registration” means a certificate of registration as a British citizen, issued by the Secretary of State;
“ EEA national ” means a national of an EEA State ;
“EEA State” means –
a Member State other than the United Kingdom;
Norway, Iceland or Liechtenstein; or
Switzerland;
“gender recognition certificate”, “Gender Recognition Panel” and “chartered psychologist” have the same meanings as in section 25 of the Gender Recognition Act 2004 ;
“Identity and Passport Service” means the Secretary of State acting through the Identity and Passport Service;
“individual who lives in two gender roles” means an individual who has a need to live at least part of their life in a gender other than their gender recorded on their current birth certificate where that need has been corroborated by evidence from a registered medical practitioner or a chartered psychologist practising in the field of gender dysphoria;
“prescribed fee” means such fee, if any, as may be prescribed in an order made under section 35(1)(a) of the 2006 Act;
“relevant airside worker” means a person who holds a valid airside pass or is required to make an application for an airside pass by virtue of their employment or proposed employment; and
“restricted zone” means an area designated by the Secretary of State under section 11A of the Aviation Security Act 1982 .
Manner of application for entry in the Register
2
1
The manner in which an application by an individual to be entered in the Register is to be included in an application for a designated document is prescribed for the purposes of section 5(1)(a) of the 2006 Act (Applications relating to entries in Register) as set out in paragraph (2).
2
The prescribed manner is-
a
by including in the application for the designated document a declaration that the individual is making the application for a designated document in connection with an application to be entered in the Register;
b
by making the application to be entered in the Register in person by prior appointment at an appropriate office of the Identity and Passport Service;
c
subject to paragraph (4), by submitting the application on a form made available for the purpose by the Identity and Passport Service ; and
d
by including in the application the reference number of the application for a designated document.
3
The application shall be accompanied by the relevant prescribed fee.
4
In the case of an individual who lives in two gender roles and who is applying for details of both genders to be entered in the Register, a form made available for the purpose by the Identity and Passport Service must be completed in relation to each of the genders.
3
1
The manner in which an application by an individual to be entered in the Register is to be submitted directly to the Secretary of State is prescribed for the purposes of section 5(1)(b) of the 2006 Act (Applications relating to entries in Register) as set out in paragraph (2).
2
The prescribed manner is –
a
by making the application to be entered in the Register in person by prior appointment at an appropriate office of the Identity and Passport Service;
b
the application shall be accompanied by the relevant prescribed fee; and
c
subject to paragraph (3), by submitting the application on a form made available for the purpose by the Identity and Passport Service
3
In the case of an individual who lives in two gender roles and who is applying for details of both genders to be recorded in the Register, a form made available for the purpose by the Identity and Passport Service must be completed in relation to each of the genders.
Manner of confirming contents of entry already made in the Register
4
1
The manner of confirming (with or without changes) the contents of an entry in the Register is prescribed for the purposes of section 6(6)(b) of the 2006 Act (Issue etc. of ID cards) as set out in paragraph (2).
2
The prescribed manner is –
a
by attending in person by prior appointment at an appropriate office of the Identity and Passport Service;
b
the application shall be accompanied by the relevant prescribed fee; and
c
subject to paragraph (3), by completing a form made available for the purpose by the Identity and Passport Service.
3
In the case of an individual who lives in two gender roles and who wishes details of both genders to be recorded in, or to continue to be recorded in the Register, a form made available for the purpose by the Identity and Passport Service must be completed in relation to each of the genders.
Prescribed information to accompany application for entry in Register
5
1
Subject to paragraph (2), the information prescribed for the purposes of section 5(3)(a) of the 2006 Act (Prescribed information to accompany application to be entered in the Register) in relation to an applicant is –
a
such of the information specified in Schedule 1 as is stated to apply in the case of all applicants, together with such other of the information so specified as is relevant to that applicant;
b
in the case of a relevant airside worker, the name of the employer with whom the applicant holds or has applied for employment that requires the employee to obtain an airside pass; and
c
in the case of an individual who lives in two gender roles and who is applying for details of both genders to be entered in the Register –
i
the individual’s second gender;
ii
the individual’s name in that second gender; and
iii
the individual’s signature in that name.
2
Any information set out in Schedule 1 is not prescribed information in relation to an applicant where, in the circumstances of the particular case (including any urgency in relation to the application), it is not reasonably practicable for the applicant to provide the information.
Prescribed information to accompany an application which confirms, with or without changes, the contents of an entry in the Register
6
1
Subject to paragraph (4), the information prescribed for the purposes of section 5(3)(b) of the 2006 Act (Prescribed information to accompany an application which confirms, with or without changes, the contents of an entry in the Register) is as set out in paragraphs (2) and (3).
2
In the case of an application to which section 6(6)(b) of the 2006 Act applies, the prescribed information in relation to an applicant is -
a
such of the information specified in Schedule 2 as is stated to apply in the case of all applicants, together with such other of the information so specified as is relevant to that applicant;
b
in the case of an individual who lives in two gender roles and who is confirming with changes an entry in the Register in connection with an application for a second ID card in a different gender –
i
the individual’s second gender;
ii
the individual’s name in that second gender; and
iii
the individual’s signature in that name.
3
In the case of an application to which section 5(2)(b) or (c) of the 2006 Act applies, the prescribed information in relation to an applicant is such of the information specified in Schedule 3 as is stated to apply in the case of all applicants, together with such other of the information so specified as is relevant to that applicant.
4
Any information referred to in paragraph (1) above is not prescribed information in relation to an applicant where, in the circumstances of the particular case (including any urgency in relation to the application) it is not reasonably practicable for the applicant to provide the information.
Issue of ID card
7
1
The cases specified in paragraph (2) are prescribed cases for the purposes of section 6(5) of the 2006 Act (Issue etc. of ID cards).
2
The cases referred to in paragraph (1) are-
a
where an individual who lives in two gender roles and who has been issued with, or makes an application for, an ID card applies for a second ID card in a different gender; and
b
where an individual is a relevant airside worker who is not entitled to be entered in the Register and who resides outside the United Kingdom.
Prescribed registrable facts
8
1
Subject to paragraph (2), the following registrable facts about an individual are prescribed for the purposes of section 6(5)(b) of the 2006 Act (Issue etc. of ID cards) –
a
the individual’s full name;
b
the address of a place of residence of the individual;
c
the individual’s gender assigned at birth and, where applicable, acquired gender;
d
the individual’s place of birth;
e
the individual’s date of birth;
f
the individual’s nationality;
g
a photograph of the individual’s head and shoulders (showing the features of the face); and
h
the individual’s ten fingerprints.
2
Where fewer than ten of the individual’s fingerprints are recorded in the Register or none of the individual’s fingerprints is recorded in the Register, paragraph (1)(h) shall be modified so as to refer only to the number of the individual’s fingerprints that are recorded in the Register or to the fact that no fingerprints have been recorded.
Manner of application for an ID card with designated document
9
1
The manner in which an application by an individual to be issued with an ID card is to be included in an application to be issued with a designated document is prescribed for the purposes of section 6(7) of the 2006 Act (Applications for the issue of an ID card) as set out in paragraph (2).
2
The prescribed manner is –
a
by including in the application to be issued with the designated document a declaration that the individual is making their application for a designated document in connection with an application for the issue of an ID card;
b
by making the application for the issue of an ID card in person by prior appointment to an appropriate office of the Identity and Passport Service ;
c
subject to paragraph (4), by submitting the application on a form made available for the purpose by the Identity and Passport Service; and
d
by including in the application the reference number of the application for a designated document.
3
The application shall be accompanied by the relevant prescribed fee.
4
In the case of an individual who lives in two gender roles and who is applying to be issued with an ID card in each gender, a form made available for the purpose by the Identity and Passport Service must be completed in relation to each of the genders.
Manner of making other applications for the issue of an ID card
10
1
The manner in which other applications for the issue of an ID card are to be made is prescribed for the purposes of section 6(8) of the 2006 Act (Applications for the issue of an ID card) as set out in paragraph (2).
2
The prescribed manner is –
a
by making the application for the issue of an ID card in person by prior appointment to an appropriate office of the Identity and Passport Service; and
b
subject to paragraph (4), by submitting the application on a form made available for the purpose by the Identity and Passport Service.
3
The application shall be accompanied by the relevant prescribed fee.
4
In the case of an individual who lives in two gender roles and who is applying to be issued with an ID card in each gender, a form made available for the purpose by the Identity and Passport Service must be completed in relation to each of the genders.
Prescribed information to accompany application for issue of an ID card
11
1
Subject to paragraph (3), where an application by an individual for the issue of an ID card accompanies an application made by the individual to be entered in the Register, the information prescribed for the purposes of section 6(8)(c) of the 2006 Act (prescribed information to accompany application for an ID card) is the information prescribed by regulation 5 in so far as it is relevant to that application.
2
Subject to paragraph (3), where an application by an individual for the issue of an ID card confirms (with or without changes) the contents of an entry already made in the Register for that individual, the information prescribed for the purposes of section 6(8)(c) of the 2006 Act (Prescribed information to accompany application for an ID card) is the information set out in regulation 6, in so far as it is relevant to that application.
3
Any information prescribed by paragraphs (1) or (2) is not prescribed information in relation to an applicant where it is not reasonably practicable in all the circumstances, including taking into account any urgency in relation to the application, for the applicant to provide the relevant information.
Requirements on designated documents authorities
12
1
A designated documents authority must comply with the requirements specified in paragraph (2) when handling an application made to it that confirms (with or without changes) the contents of an individual’s entry in the Register.
2
The requirements referred to in paragraph (1) are that the designated documents authority must, before issuing a designated document to the applicant –
a
ask the applicant to confirm whether the information provided by the applicant to it under regulation 6 –
i
is, or
ii
when the entry has been amended in accordance with an application or notification already made to the Identity and Passport Service, will be
the same as that recorded in the applicant’s entry in the Register;
b
if in response to the question posed under sub-paragraph (a) the applicant indicates that the information has changed in any respect, provide to the Identity and Passport Service details of the changed information;
c
verify with the Identity and Passport Service that the information provided to it by the applicant under regulation 6 is the same as that recorded in the applicant’s entry in the Register in relation to those matters; and
d
immediately prior to issue of the designated document, obtain confirmation from the Identity and Passport Service that there is no outstanding –
i
application by the applicant under section 6 of the 2006 Act for the issue of an ID card; or
ii
notification by the applicant under section 10 of the 2006 Act of a change of circumstances affecting, or an error in, the information recorded about the applicant in the Register.
Prescribed changes of circumstances
13
1
The following changes of circumstances are prescribed for the purposes of section 10(1)(a) of the 2006 Act (Notification of changes affecting accuracy of Register) –
a
change of address of principal place of residence or of any other place of residence recorded in the individual’s entry in the Register, including where an individual will no longer have a place of residence in the United Kingdom;
b
change of a name which has been recorded in the individual’s entry in the Register;
c
the individual becoming known for official purposes by a name not recorded in the individual’s entry in the Register;
d
change of nationality of the individual;
e
change of gender of the individual in a case where the individual has obtained a gender recognition certificate from the Gender Recognition Panel;
f
permanent and significant changes to the individual’s signature as recorded on the ID card;
g
permanent and significant changes to the features of the individual’s face such that the person cannot be identified from the photograph on the individual’s ID card; and
h
the loss of, or permanent and significant changes to, the individual’s fingerprints as recorded on the ID card.
Manner of notification
14
1
The manner in which a notification must be given for the purposes of section 10 of the 2006 Act is prescribed for the purposes of section 10(2)(a) as set out in paragraph (2).
2
The prescribed manner is by giving the notification either -
a
by telephone to a number designated by the Identity and Passport Service, as being a number which is available for the notification of changes under section 10 of the 2006 Act and the notification of lost, stolen, damaged, tampered with or destroyed ID cards under section 11 of that Act; or
b
in person –
i
by prior appointment at an appropriate office of the Identity and Passport Service, and
ii
by completing a form made available for the purpose by the Identity and Passport Service.
Period within which notification to be made
15
The period prescribed for the purposes of section 10(2)(b) of the 2006 Act, being the period within which a notification for the purposes of section 10 must be given, is a period of three months after the change of circumstances occurs or the individual in question becomes aware of the error.
Requirement to notify Secretary of State if ID card is lost, stolen etc.
16
1
An individual to whom an ID card has been issued must notify the Secretary of State if such individual knows or has reason to suspect that the card has been –
a
lost;
b
stolen;
c
damaged;
d
tampered with; or
e
destroyed.
2
A notification for the purposes of this regulation must -
a
be given in one of the following ways -
i
by telephone to a number designated by the Identity and Passport Service, as being a number which is available for the notification of changes under section 10 of the 2006 Act and the notification of lost, stolen, damaged, tampered with or destroyed ID cards under section 11 of that Act;
ii
in person by prior appointment at an appropriate office of the Identity and Passport Service, or
iii
if overseas, in person by prior appointment at a United Kingdom embassy or consulate;
b
be given within a period of one month, beginning with the day on which the individual becomes aware that the card has, or may have, been lost, stolen, damaged, tampered with or destroyed; and
c
include the provision of sufficient evidence to establish that the individual giving the notification is the individual to whom the ID card has been issued.
Prescribed part of entry in Register
17
The part of an individual’s entry in the Register that is prescribed for the purposes of section 6(2)(b) of the 2006 Act (Issue etc. of ID cards) is the part containing all the information for the time being recorded in the individual’s entry in the Register other than information falling within paragraph 9 of Schedule 1 to that Act (Records of provision of information).
Validity period of ID cards
18
The period prescribed for the purposes of section 6(3)(c) of the 2006 Act is the period which ends on the date after the expiry of ten years beginning with the date of issue.
Place of residence and principal place of residence
19
1
A place is only to be regarded as a place of residence of an individual in circumstances where it is a place of abode of that person.
2
Subject to paragraph (3), a place is to be regarded as the principal place of residence in the United Kingdom of an individual in circumstances where it is the place of residence of the individual where the individual resides most frequently.
3
In applying the test set out in paragraph (2), no regard is to be had to a temporary change in the place where a person most frequently resides.
Meg Hillier
Parliamentary Under Secretary of State
Home Office
19th October 2009


type: legislation

jurisdiction: UK

text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Public Service Vehicles (Registration of Local Services) (Amendment) (England and Wales) Regulations 2009 and shall come into force on 3rd May 2009.
2
These Regulations extend to England and Wales .
Amendment of the principal Regulations
2
The Public Service Vehicles (Registration of Local Services) Regulations 1986 are amended as follows —
a
in regulations 12(1)(a) and 12(2)(a), for “£12” substitute “£13”; and
b
in regulations 12(1)(b) and 12(2)(b), for “£57” substitute “£60”.
Signed by authority of the Secretary of State for Transport
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
2nd April 2009


text:
Citation, commencement, interpretation and duration
1
1
These Regulations may be cited as the Blood Safety and Quality (Modification) Regulations 2009 and shall come into force on 16th December 2009.
2
In these Regulations “the principal Regulations ” means the Blood Safety and Quality Regulations 2005 ;
3
For the period from 16th December 2009 to 30th June 2010, the principal Regulations shall apply with the modifications specified in regulation 2 of these Regulations.
Modification of regulation 7 of the principal Regulations
2
In regulation 7 of the principal Regulations (blood establishment requirements) —
a
in paragraph (2)(d), before “apply” insert “except where paragraphs (2A) to (2C) applies,”;
b
after paragraph (2) insert —
2A
Where the conditions in paragraph (2B) are satisfied, a blood establishment shall apply the eligibility criteria for donors of blood and blood components in accordance with Part 3 of the Schedule (eligibility criteria for donors of whole blood and blood components) subject to the following modifications applying for the period in paragraph (2C) —
a
in paragraph 1.2 (haemoglobin levels in donors blood), “125” is modified to “120” and “135” is modified to “130”; and
b
in paragraph 2.2.1 (duration of deferral period), in relation to the entry for “Flu-like illness” the period in column 2 is modified from “2 weeks” to “1 week”.
2B
The conditions are that —
a
the latest “HPA Weekly National Influenza Report” published by the Health Protection Agency states that —
i
the weekly GP consultation rate for flu-like illness is equal to or greater than 200 cases for every 100,000 persons in the UK population; or
ii
the weekly estimated incidence of flu-like illness is equal to or greater than 200,000 new cases a week; and
b
the Secretary of State —
i
is satisfied that there is a serious risk of shortage or an actual risk of shortage in the supply of blood and blood components directly due to the A(H1N1) influenza pandemic; and
ii
has advised the blood establishment that the eligibility criteria for donors of whole blood and blood components may be modified in accordance with paragraph (2A).
2C
For the purpose of paragraph (2A) the period shall begin on the date that the conditions in paragraph (2B) are satisfied and shall end on the date following the date on which the blood establishment has notified the Secretary of State that stock levels of blood and blood components for all groups are equal to or exceed 5 days supply.
.
Signed by the authority of the Secretary of State for Health
Gillian Merron
Minister of State,
Department of Health
15th December 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Vaccine Damage Payments (Specified Disease) Order 2009 and comes into force on 10th October 2009.
2
In this Order, “ the Act ” means the Vaccine Damage Payments Act 1979.
Addition to the diseases to which the Act applies
2
Influenza caused by the pandemic influenza A (H1N1) 2009 virus is specified as a disease to which the Act applies.
Modification of conditions of entitlement
3
The condition of entitlement in section 2(1)(b) of the Act (age or time at which vaccination was carried out) shall be omitted in relation to vaccination against influenza caused by the pandemic influenza A (H1N1) 2009 virus.
Signed by authority of the Secretary of State for Work and Pensions
Jim Knight
Minister of State
Department for Work and Pensions
16th September 2009


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 2) 2009 and shall come into force on 23rd February 2009.
2
These Regulations shall have effect —
a
for the purposes of the charge to stamp duty, in relation to instruments executed on or after 23rd February 2009;
b
for the purposes of the charge to stamp duty reserve tax —
i
in the case of agreements to transfer traded securities which are not conditional, in relation to agreements made on or after 23rd February 2009;
ii
in the case of agreements to transfer traded securities which are conditional, in relation to agreements where the condition is satisfied on or after that date.
Interpretation
2
In these Regulations —
“clearing participant” means a member of EuroCCP who as such is permitted by the Rules of EuroCCP to clear transactions made on the Facility for a traded security and who may or may not also be a participant in the Facility;
“client” means a person who gives instructions to a non-clearing firm for traded securities to be sold on the Facility;
“EuroCCP” means European Central Counterparty Limited, a body corporate which is a recognised clearing house under the Financial Services and Markets Act 2000 ;
“the Facility” means the multilateral trading facility operated by Smartpool Trading Limited, a body corporate which is permitted to operate a multilateral trading facility for the purposes of Part 4 of the Financial Services and Markets Act 2000;
“nominee” means a person whose business is or includes holding traded securities as a nominee for EuroCCP acting in its capacity as a person providing clearing services in connection with a transaction made on the Facility, or as a nominee for a clearing participant (as the case may be);
“non-clearing firm” means a participant in the Facility other than a clearing participant;
“traded securities” means stocks and shares which are issued or raised by a body corporate but does not include stocks and shares issued by a body corporate not incorporated in the United Kingdom unless —
the stocks and shares are registered in a register kept in the United Kingdom by or on behalf of the body corporate; or
in the case of shares, they are paired, within the meaning of section 99(6A) of the Finance Act 1986 , with shares issued by a body corporate incorporated in the United Kingdom.
Prescription of recognised investment exchange and recognised clearing house
3
For the purposes of sections 116 and 117 of the Finance Act 1991 —
a
the SmartPool Multilateral Trading Facility (“the Facility”) is prescribed as a recognised investment exchange; and
b
EuroCCP is prescribed as a recognised clearing house.
Prescribed circumstances for the purposes of sections 116 and 117
4
1
In the circumstances prescribed by paragraph (2) below, the charge to stamp duty and the charge to stamp duty reserve tax shall be treated as not arising.
2
The circumstances prescribed are where, in connection with a transaction made on the Facility conditions A and B are met.
3
Condition A is that traded securities of a particular kind are transferred, or agreed to be transferred, from —
a
a clearing participant or a nominee of a clearing participant to another clearing participant or nominee, or
b
a non-clearing firm or its client to a clearing participant or a nominee of a clearing participant, or
c
a clearing participant or a nominee of a clearing participant to EuroCCP or to a nominee of that clearing house, or
d
a person other than a clearing participant to EuroCCP or to a nominee of that clearing house, as a result of a failure by a clearing participant to fulfil his obligations in respect of the transaction concerned to transfer traded securities to EuroCCP or to a nominee of that clearing house, or
e
EuroCCP or a nominee of that clearing house to a clearing participant or a nominee of a clearing participant.
4
Condition B is that the person to whom those securities are agreed to be transferred under any of the agreements specified in paragraph (3) above (“the relevant agreement”) is required on receipt of those securities to transfer traded securities under a matching agreement to another person or, in the case of an agreement falling within sub-paragraph (d), would have been so required if the failure referred to in that sub-paragraph had not occurred.
5
In paragraph (4) —
a
“matching agreement” means an agreement under which —
i
the traded securities agreed to be transferred are of the same kind as the traded securities agreed to be transferred under the relevant agreement, and
ii
the number and transfer price of the traded securities agreed to be transferred are identical to the number and transfer price of the traded securities agreed to be transferred under the relevant agreement;
b
references to EuroCCP are references to that clearing houses in its capacity as a person providing clearing services in connection with a transaction made on the Facility;
c
references to a clearing participant are references to a clearing participant in his capacity as such.
Consequential provision
5
1
Traded securities which are the subject of an agreement specified in regulation 4(3) shall be dealt with by a clearing participant who is a party to the agreement in a separate designated account, and not otherwise.
2
In paragraph (1) “designated account” means an account designated by EuroCCP for a clearing participant in connection with the traded securities concerned.
Steve McCabe
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
4th February 2009


text:
Citation and interpretation
1
1
This Order may be cited as the Local Transport Act 2008 (Commencement No. 2 and Transitional Provision) Order 2009.
2
In this Order “ the Act ” means the Local Transport Act 2008.
Commencement of provisions on 11th January 2010
2
1
11th January 2010 is the appointed day for the coming into force, as respects England, of —
a
sections 19 to 45 of the Act (quality contracts schemes), in so far as they are not already in force, subject to the transitional provision in article 3;
b
section 131 of the Act (repeals), in so far as it relates to the provisions specified in paragraphs (c) and (d);
c
the entry in Part 1 of Schedule 7 to the Act for the Transport (Wales) Act 2006 ; and
d
the following entries in Part 2 of that Schedule for the TA 2000 —
i
section 125(2);
ii
section 126(4)(a);
iii
section 129(4); and
iv
section 162(4).
2
11th January 2010 is the appointed day for the coming into force of section 49 of the Act, in so far as it is not already in force.
Transitional provision in relation to quality contracts schemes
3
1
Where a local transport authority or authorities in England have, on the coming into force of section 20 of the Act on 11th January 2010, already satisfied the requirements of section 125(1) of the TA 2000 as that section has effect on that date, the copy of the notice of the proposed quality contracts scheme sent to the senior traffic commissioner before that date is to be treated, for the purposes of section 126A(1) of the TA 2000, as notice sent to the senior traffic commissioner on 11th January 2010 in accordance with section 125(1)(d) of the TA 2000.
2
For the purposes of this article —
a
the terms “local transport authority” and “quality contracts scheme” have the meanings given in section 162(1) of the TA 2000 ; and
b
“senior traffic commissioner” means the senior traffic commissioner appointed by virtue of section 4A of the PPVA 1981
.
Signed by authority of the Secretary of State
Sadiq Khan
Minister of State
Department for Transport
7th December 2009


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Food Enzymes Regulations 2009 and come into force on 20th January 2010.
2
Regulations 1 and 11 extend to the United Kingdom and regulations 2 to 10 apply in relation to England only.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“the EC Regulation ” means Regulation (EC) No 1332/2008 of the European Parliament and of the Council on food enzymes and amending Council Directive 83/417/ EEC , Council Regulation (EC) No 1493/1999 , Directive 2000/13/EC , Council Directive 2001/112/EC and Regulation (EC) No 258/97 ;
“food authority” does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple) nor a port health authority;
“port health authority” means —
in relation to the London port health district (within the meaning given to that phrase for the purposes of the Public Health (Control of Disease) Act 1984 by section 7(1) of that Act), the Common Council of the City of London; and
in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act.
2
Any other expression used in these Regulations and in the EC Regulation has the same meaning in these Regulations as it bears in the EC Regulation.
3
Unless indicated otherwise, any reference to a numbered Article is a reference to the Article so numbered in the EC Regulation.
Offences, penalties and savings
3
1
A person who contravenes or fails to comply with any of the provisions of the EC Regulation specified in paragraph (2) as read with the transitional arrangements contained in Article 18 and Article 24 is guilty of an offence.
2
The provisions mentioned in paragraph (1) are —
a
Article 4 (restriction on placing on the market and use of food enzymes not on the list provided for in Article 17);
b
Article 5 (prohibition on placing on the market of non-compliant food enzymes or foods containing such enzymes);
c
Article 10(1) (requirements for labelling of food enzymes and preparations not intended for sale to the final consumer);
d
Article 12(1) (requirements for labelling of food enzymes and preparations intended for sale to the final consumer);
e
Article 14(1) and (2) (requirement to provide specified information to the Commission).
3
Anyone convicted of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Enforcement and competent authorities
4
It shall be the duty of each food authority within its area and each port health authority within its district to execute and enforce these Regulations and the EC Regulation.
Application of various sections of the Food Safety Act 1990
5
1
The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof is to be construed as a reference to these Regulations —
a
section 20 (offences due to fault of another person);
b
section 21 (defence of due diligence) ,with the modification that —
i
subsections (2) to (4) shall apply in relation to an offence under regulation 3(1) as they apply in relation to an offence under section 14 or 15, and
ii
in subsection (4) the references to “sale” are deemed to include references to “placing on the market”;
c
section 30(8) (which relates to documentary evidence);
d
section 35(1) (punishment of offences) , in so far as it relates to offences under section 33(1) as applied by paragraph (3)(b);
e
section 35(2) and (3) , in so far as it relates to offences under section 33(2) as applied by paragraph (3)(c);
f
section 36 (offences by bodies corporate);
g
section 36A (offences by Scottish partnerships) .
2
In the application of section 32 of the Act (powers of entry) for the purposes of these Regulations, the reference in subsection (1) to the Act is to be construed as including references to the EC Regulation.
3
The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act is to be construed as including a reference to the EC Regulation and these Regulations —
a
section 3 (presumption that food is intended for human consumption) with the modification that the references to “sold” and “sale” are deemed to include references to “placed on the market” and “placing on the market” respectively;
b
section 33(1) (obstruction of officers);
c
section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” is deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub-paragraph (b);
d
section 44 (protection of officers acting in good faith).
4
Section 34 of the Act (time limit for prosecutions) applies to offences under regulation 3 as it applies to offences punishable under section 35(2) of the Act.
Condemnation of Food
6
Where any food is certified by a food analyst as being food which it is an offence under these Regulations to place on the market, that food may be treated for the purposes of section 9 of the Act (under which a food may be seized and destroyed under an order of a justice of the peace) as failing to comply with food safety requirements.
Amendment of the Food Labelling Regulations
7
1
The Food Labelling Regulations 1996 are amended in accordance with paragraphs (2) to (5).
2
In regulation 2(1) (interpretation) —
a
following the definition of “follow-on formula” insert the following definition —
“food enzyme” has the meaning that it bears in Regulation (EC) No 1332/2008 of the European Parliament and of the Council on food enzymes ;
; and
b
in the definition of “ingredient”, after the expression “any additive” insert the expression “, any food enzyme”.
3
In regulation 14 (names of ingredients) after paragraph (9) insert the following as paragraph (9A) —
9A
a food enzyme other than one referred to in regulation 17(b) or (c) shall be identified by the appropriate category in Schedule 4 followed by the specific name of that enzyme.
.
4
In regulation 17 (ingredients which need not be named) —
a
in paragraphs (b) and (c) in each case after the expression “any additive” insert “or food enzyme”; and
b
in paragraph (d) after the expression “an additive” insert “or food enzyme”;
5
In the heading to Schedule 4, for the word “additives” substitute “ingredients”.
Amendment of the Caseins and Caseinates Regulations 1985
8
In the Schedule to the Caseins and Caseinates Regulations 1985 , in column 2 of Part II (technological adjuvants and bacterial cultures) after the expressions “rennet” and “other milk-coagulating enzymes” in each case add the expression “meeting the requirements of Regulation (EC) No 1332/2008 of the European Parliament and of the Council on food enzymes”.
Amendment of the Fruit Juices and Fruit Nectars (England) Regulations 2003
9
In Schedule 4 (permitted treatments and additional substances) to the Fruit Juices and Fruit Nectars (England) Regulations 2003 , after the expressions “Pectolytic enzymes”, “Proteolytic enzymes” and “Amylolytic enzymes” in paragraphs 4, 5 and 6 respectively in each case add the expression “meeting the requirements of Regulation (EC) No 1332/2008 of the European Parliament and of the Council on food enzymes”.
Amendment of the Novel Food and Novel Food Ingredients Regulations 1997
10
In regulation 2(1) (interpretation) of the Novel Foods and Novel Food Ingredients Regulations 1997 , for the definition of “Regulation (EC) No 258/97 ” substitute the following definition —
“Regulation (EC) No 258/97 ” means Regulation (EC) No 258/97 of the European Parliament and of the Council concerning novel foods and food ingredients as last amended by Regulation (EC) No 1332/2008 of the European Parliament and of the Council on food enzymes;
.
Amendment of the Spirit Drinks Regulations 2008
11
In the table in Part 2 of Schedule 2 to the Spirit Drinks Regulations 2008 , at the end of the entry in column 2 that appears opposite the entry “Article 9(9)” in column 1, add the words “as last amended by Regulation (EC) No 1332/2008 of the European Parliament and of the Council on food enzymes”.
Signed by authority of the Secretary of State for Health
Gillian Merron
Minister of State,
Department of Health
7th December 2009


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 15) 2009 and shall come into force on 4th December 2009.
2
These Regulations shall have effect —
a
for the purposes of the charge to stamp duty, in relation to instruments executed on or after 4th December 2009;
b
for the purposes of the charge to stamp duty reserve tax —
i
in the case of agreements to transfer traded securities which are not conditional, in relation to agreements made on or after 4th December 2009;
ii
in the case of agreements to transfer traded securities which are conditional, in relation to agreements where the condition is satisfied on or after that date.
Interpretation
2
In these Regulations —
“clearing participant” means a member of EuroCCP or X-CLEAR who as such is permitted by the Rules of that clearing house to clear transactions made on the Facility for a traded security and who may or may not also be a participant in the Facility;
“client” means a person who gives instructions to a non-clearing firm for traded securities to be sold on the Facility;
“EuroCCP” means European Central Counterparty Limited, a company which is a recognised clearing house under the Financial Services and Markets Act 2000 ;
“the Facility” means the multilateral trading facility operated by Smartpool Trading Limited, a body corporate which is permitted to operate a multilateral trading facility for the purposes of Part 4 of the Financial Services and Markets Act 2000;
“X-CLEAR” means SIX X-CLEAR AG, a company which is a recognised clearing house under the Financial Services and Markets Act 2000;
“nominee” means a person whose business is or includes holding traded securities as a nominee for EuroCCP or X-CLEAR acting in its capacity as a person providing clearing services in connection with a transaction made on the Facility, or as a nominee for a clearing participant (as the case may be);
“non-clearing firm” means a participant in the Facility other than a clearing participant;
“traded securities” means stocks and shares which are issued or raised by a body corporate but does not include stocks and shares issued by a body corporate not incorporated in the United Kingdom unless —
the stocks and shares are registered in a register kept in the United Kingdom by or on behalf of the body corporate; or
in the case of shares, they are paired, within the meaning of section 99(6A) of the Finance Act 1986 , with shares issued by a body corporate incorporated in the United Kingdom.
Prescription of recognised investment exchange and recognised clearing house
3
For the purposes of sections 116 and 117 of the Finance Act 1991 —
a
the SmartPool Multilateral Trading Facility (“the Facility”) is prescribed as a recognised investment exchange;
b
EuroCCP is prescribed as a recognised clearing house; and
c
X-CLEAR is prescribed as a recognised clearing house.
Prescribed circumstances for the purposes of sections 116 and 117
4
1
In the circumstances prescribed by paragraph (2), the charge to stamp duty and the charge to stamp duty reserve tax shall be treated as not arising.
2
The circumstances prescribed are where, in connection with a transaction made on the Facility conditions A and B are met.
3
Condition A is that traded securities of a particular kind are transferred, or agreed to be transferred, from —
a
a clearing participant or a nominee of a clearing participant to another clearing participant or nominee,
b
a non-clearing firm or its client (or a nominee of a non-clearing firm or its client) to a clearing participant or a nominee of a clearing participant,
c
a clearing participant or a nominee of a clearing participant to EuroCCP or X-CLEAR or to a nominee of EuroCCP or X-CLEAR,
d
a person other than a clearing participant to EuroCCP or X-CLEAR or to a nominee of EuroCCP or X-CLEAR, as a result of a failure by a clearing participant to fulfil their obligations in respect of the transaction concerned to transfer traded securities to EuroCCP or X-CLEAR or to a nominee of EuroCCP or X-CLEAR,
e
EuroCCP or X-CLEAR or a nominee of EuroCCP or X-CLEAR to a clearing participant or a nominee of a clearing participant,
f
EuroCCP or a nominee of EuroCCP to X-CLEAR or a nominee of X-CLEAR, or
g
X-CLEAR or a nominee of X-CLEAR to EuroCCP or a nominee of EuroCCP.
4
Condition B is that the person to whom those securities are agreed to be transferred under any of the agreements specified in paragraph (3) above (“the relevant agreement”) is required on receipt of those securities to transfer traded securities under a matching agreement to another person or, in the case of an agreement falling within paragraph (3)(d), would have been so required if the failure referred to in that paragraph had not occurred.
5
In this regulation —
a
“matching agreement” means an agreement under which —
i
the traded securities agreed to be transferred are of the same kind as the traded securities agreed to be transferred under the relevant agreement, and
ii
the number and transfer price of the traded securities agreed to be transferred are identical to the number and transfer price of the traded securities agreed to be transferred under the relevant agreement;
b
references to EuroCCP and X-CLEAR are references to those clearing houses in their capacity as persons providing clearing services in connection with a transaction made on the Facility;
c
references to a clearing participant are references to a clearing participant in his capacity as such.
Consequential provision
5
1
Traded securities which are the subject of an agreement specified in regulation 4(3) shall be dealt with by a clearing participant who is a party to the agreement in a separate designated account, and not otherwise.
2
In paragraph (1) “designated account” means an account designated by EuroCCP or X-CLEAR for a clearing participant in connection with the traded securities concerned.
Revocation of the Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 2)
6
The Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No.2) 2009 ( SI 2009/194 ) are hereby revoked as respects instruments and agreements referred to in regulation 1(2) of these regulations.
Steve McCabe
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
10th November 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Supreme Court Fees Order 2009 and comes into force on 1st October 2009.
2
In this Order —
“the 2009 Rules ” means the Supreme Court Rules 2009 ;
“devolution jurisdiction” means proceedings under the Scotland Act 1998 , the Government of Wales Act 2006 or the Northern Ireland Act 1998 .
3
Subject to paragraph (2), expressions used in this Order which are also used in the 2009 Rules have the same meaning as in those Rules.
Fees payable
2
1
Subject to the following paragraphs, the fees set out in column (2) of the table in Schedule 1 are payable in the Supreme Court in respect of the items described in column (1) of that table.
2
No fee in column (2) is payable in respect of criminal proceedings, other than the fee payable on submitting a claim for costs.
3
In relation to its devolution jurisdiction the fees set out in column (3) of that table are payable in the Supreme Court in respect of the items described in column (1) of that table.
Remissions and part remissions
3
Schedule 2 applies for the purpose of ascertaining whether a party is entitled to a remission or part remission of a fee prescribed by this Order.
Jack Straw
Lord Chancellor
27th July 2009
We agree,
Alistair Darling
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
30th July 2009


text:
Citation and commencement
1
These Regulations may be cited as the Saving Gateway Accounts (No. 2) Regulations 2009 and shall come into force on the appointed day.
Interpretation
2
In these Regulations —
“account”, except in regulations 5(1)(d) and (e) and 6, means a Saving Gateway account;
“ the Act ” means the Saving Gateway Accounts Act 2009;
“the appointed day” means the day appointed under section 31 of the Act, for the purposes of section 8 of the Act;
“building society bonus” excludes any bonus, distribution of funds or the conferring of rights in relation to shares —
in connection with an amalgamation, transfer of engagements or transfer of business of a building society, and
mentioned in section 96 or 100 of the Building Societies Act 1986 ,
and “payment under a building society bonus scheme” shall be construed accordingly;
“interest” in regulation 3, where paid by a building society or credit union, includes a dividend paid by, and in respect of a share account held with, the society or credit union (and “dividend” includes any distribution, whether or not described as a dividend);
“the principal Regulations ” means the Saving Gateway Accounts Regulations 2009 ;
other expressions defined in the principal Regulations have the same meanings as they have in those definitions.
Exemption from tax of account income, maturity payments and death payments
3
Subject to compliance with the principal Regulations (and in particular with regulation 11 of those Regulations) —
a
no tax shall be chargeable on the account provider or his nominee, or on the account holder, in respect of —
i
interest paid or credited in respect of an account;
ii
profit share return from arrangements falling within section 49 of the Finance Act 2005 , paid or credited by a financial institution (within the meanings in Chapter 5 of Part 2 of that Act), in respect of an account;
iii
a payment under a building society bonus scheme, so far as the bonus is calculated by reference to an account (and if paid directly by the society into the account, the payment shall not count towards the payment limits in regulation 11 of the principal Regulations);
b
any gain or loss accruing on and attributable to a maturity payment or death payment shall not be a chargeable gain or allowable loss for capital gains tax purposes; and
c
income arising from an account shall not be regarded as income for any income tax purposes (including section 629 of ITTOIA 2005 ).
Tax liabilities and reliefs – account provider to act on behalf of account holder
4
An account provider may under these Regulations make tax claims, conduct appeals and agree on behalf of the account holder liabilities for and reliefs from tax in respect of an account.
Tax liabilities and reliefs – supplementary provisions
5
1
Where —
a
any relief or exemption from tax given in respect of income or gains under an account is found not to be due or to be excessive;
b
the account holder was not an eligible person at the relevant date;
c
a person was —
i
entitled to a benefit under the terms of section 3(1)(a) of the Act, or
ii
an eligible person by reason of entitlement to working tax credit or child tax credit under the terms of regulation 3 of the principal Regulations,
but such entitlement has been overturned, or it has subsequently been determined that payment of the relevant benefit or tax credit should not have been made, or should have been made at a different rate;
d
an account does not comply with the requirements imposed by section 4(2)(a) and (b) of the Act, or by regulations 10 to 21 of the principal Regulations; or
e
there is a breach of section 6(2)(a) or (b) of the Act in relation to an account;
the persons mentioned in paragraph (2) shall account to the Commissioners for any tax from which relief has been incorrectly given under regulation 3 in respect of an account.
2
The persons mentioned in paragraph (1) are —
a
the account provider (to the extent that it has assets relating to the account, or directly or indirectly representing the tax, in its possession or control);
b
the account holder, or former account holder;
c
any person in whom the money in the account, or any property directly or indirectly representing it, is vested (whether beneficially or otherwise);
and they shall be jointly and severally liable.
3
The relevant provisions of Part 5 of the Management Act (within the meaning in section 48(3) of that Act) other than section 50 of that Act shall apply to tax appeals, with the necessary modifications mentioned in section 48(2)(b)(ii) of that Act.
Assessments for withdrawing relief and recovering tax
6
1
Where —
a
any relief or exemption from tax given in respect of income or gains under an account is found not to be due or to be excessive, or
b
the full amount of tax in respect of the income or gains under an account has not otherwise been fully accounted for and paid to the Commissioners on behalf of the account holder,
an assessment to tax may be made by the Commissioners in the amount or further amount which in their opinion ought to be charged.
2
An assessment to which paragraph (1) refers may be made on the account provider or on the account holder.
3
If the assessment is made to recover tax in respect of income under an account it shall be made under section 369 of ITTOIA 2005.
Tony Cunningham
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
11th November 2009


text:
Citation and commencement
1
These Regulations may be cited as the Value Added Tax (Amendment) (No. 3) Regulations 2009 and come into force on 15th August 2009.
Amendment of the Value Added Tax Regulations 1995
2
The Value Added Tax Regulations 1995 are amended as follows.
Amendment of Part 11 of the Regulations (time of supply and time of acquisition)
3
In regulation 84(5)(e) , for the words from “of the” to the end, substitute —
of the Taxes Act ; but this is subject to sub-paragraph (f);
f
a company is not connected with another company only because both are under the control of —
i
the Crown,
ii
a Minister of the Crown,
iii
a government department, or
iv
a Northern Ireland department;
g
“company” and “control” have the same meaning as in section 839 of the Taxes Act .
.
4
In regulation 93(15) , after “Taxes Act” insert “; but this is subject to paragraph (16).”.
5
After regulation 93(15) insert —
16
For the purposes of this regulation —
a
a company is not connected with another company only because both are under the control of —
i
the Crown,
ii
a Minister of the Crown,
iii
a government department, or
iv
a Northern Ireland department; and
b
“company” and “control” have the same meaning as in section 839 of the Taxes Act.
.
6
For paragraph (4) of regulation 94B substitute —
4
For the purposes of paragraph (2) —
a
any question whether one person is connected with another shall be determined in accordance with section 839 of the Taxes Act;
b
a company is not connected with another company only because both are under the control of —
i
the Crown,
ii
a Minister of the Crown,
iii
a government department, or
iv
a Northern Ireland department;
c
“company” and “control” have the same meaning as in section 839 of the Taxes Act; and
d
“undertaking” and “group undertaking” have the same meaning as in section 1161 of the Companies Act 2006 .
.
Amendment of Part 23 of and Schedule 1 to the Regulations (refunds to “do-it-yourself” builders)
7
In regulation 201(a), for the words “the form numbered 11 in Schedule 1 to these Regulations” substitute “the relevant form for the purposes of the claim”.
8
After regulation 201 insert —
201A
The relevant form for the purposes of a claim is —
a
Form 11A in Schedule 1 to these Regulations where the claim relates to works described in section 35(1A)(a) or (b) of the Act ;
b
Form 11B in Schedule 1 to these Regulations where the claim relates to works described in section 35(1A)(c) of the Act.
.
9
In Schedule 1, for the form numbered 11 ( VAT refunds for DIY builders) substitute the forms numbered 11A (VAT refunds for DIY housebuilders – Claim form for new houses) and 11B (VAT refunds for DIY housebuilders – Claim form for conversions) contained in the Schedule to these Regulations.
Bernadette Kenny
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
21st July 2009


text:
Citation
1
This Order may be cited as the Charities Act 2006 (Commencement No.6 and Commencement No.5, Transitional and Transitory Provisions and Savings (Amendment)) Order 2009.
Commencement of the Charities Act 2006
2
1
The day appointed for the commencement of the provisions of the Charities Act 2006 (“the 2006 Act”) specified in paragraph (2) is 30th September 2009.
2
The provisions of the 2006 Act are —
a
paragraph 143(3)(c) of Schedule 8 to that Act;
b
the entry in Schedule 9 to that Act relating to section 46(8) of the 1993 Act ; and
c
in so far as it relates to the provisions of the 2006 Act specified in sub-paragraphs (a) and (b), section 75(1) and (2) of that Act.
Amendment of the Charities Act 2006 (Commencement No. 5, Transitional and Transitory Provisions and Savings) Order 2008
3
1
The Charities Act 2006 (Commencement No.5, Transitional and Transitory Provisions and Savings) Order 2008 is amended as follows.
2
In article 1 —
a
in paragraph (2) —
i
after the definition of “company” insert —
“Education Action Forum” means an Education Action Forum established by virtue of section 10(1) of the School Standards and Framework Act 1998 ;
;
ii
after the definition of “enactment” insert —
“exempt charity appointed day” means the day appointed for the commencement of section 11(3) of the 2006 Act;
;
iii
for the definition of “formerly specified educational institution” substitute —
“formerly specified educational institution” means —
a body to which section 23(1)(a) or (b) of the School Standards and Framework Act 1998 applies; or
an institution to which section 23(2) of that Act applies;
;
iv
after the definition of “relevant date” insert —
“relevant educational charity” means a charity which is —
an Education Action Forum; or
a formerly specified educational institution;
;
v
for the definition of “relevant specified institution” substitute —
“relevant specified institution” means a relevant educational charity which falls within section 3A(2)(d) of the 1993 Act;
;
vi
after the definition of “relevant specified institution” insert —
“standard financial year” means, in relation to a relevant educational charity, the first financial year of that charity to begin on or after the transitional period end date;
“the transitional period end date” has the meaning given by paragraph (3);
;
vii
for the definition of “transitory financial year” substitute —
“transitory financial year” means —
in relation to an Education Action Forum, a financial year which begins —
on or after 31st January 2009; but
before the exempt charity appointed day;
in relation to a formerly specified educational institution, a financial year which begins —
on or after 31st January 2009; but
before 1st September 2010;
; and
b
after paragraph (2) insert —
3
For the purposes of this Order, “transitional period end date” means —
a
in relation to —
i
an Education Action Forum, or
ii
a person acting, or who has acted, as charity trustee for or trustee of such a charity,
the exempt charity appointed day;
b
in relation to —
i
a formerly specified educational institution, or
ii
a person acting, or who has acted, as charity trustee for or trustee of such a charity,
1st September 2010.
.
3
For article 6(2) substitute —
2
Despite paragraph (1), the Commission must not enter in the register any qualifying excepted charity —
a
which —
i
is an Education Action Forum; and
ii
requests to be so registered before the exempt charity appointed day; or
b
which —
i
is a formerly specified educational institution; and
ii
requests to be so registered before 1st September 2010.
.
4
For the heading preceding article 11 substitute —
Education Action Forums and formerly specified educational institutions: transitional and transitory provisions and savings
.
5
In sub-paragraphs (a) and (b) of article 11(1) for “1st October 2009” substitute “1st September 2010”.
6
After article 11 insert —
11A
1
An Education Action Forum to which this article applies —
a
is excepted from the duty to be registered under subsection (1) of section 3A of the 1993 Act until the exempt charity appointed day; and
b
for the purposes of any enactment other than the 1993 Act is to be treated, before that day, as a charity which is not required to be registered by virtue of subsection (2) of section 3A of the 1993 Act.
2
This article applies to any Education Action Forum which is not excepted under section 3A(2)(c) of the 1993 Act from the requirement to be registered under section 3A(1) of that Act .
.
7
In article 12 —
a
in paragraphs (1) and (2) of article 12 for “formerly specified educational institution” substitute “relevant educational charity”; and
b
in paragraph (1)(b)(ii) for “institution” substitute “charity”.
8
In article 13 —
a
for paragraph (1) substitute —
1
The charity trustees of a relevant educational charity are not required to comply with the provisions of the 1993 Act specified in paragraph (2) in respect of any financial year of the charity which is a transitory financial year.
;
b
in sub-paragraphs (a) and (b) of paragraph (2) for “formerly specified educational institution” substitute “relevant educational charity”;
c
for paragraph (3) substitute —
3
Nothing in sections 43, 44 and 44A of the 1993 Act applies to a relevant educational charity which is not a relevant specified institution in respect of any financial year of the charity which is a transitory financial year.
; and
d
for paragraph (4) substitute —
4
The charity trustees of a relevant educational charity which is not a qualifying excepted charity are not required to comply with section 45 of the 1993 Act in respect of any financial year of the charity which is a transitory financial year.
5
In so far as it relates to compliance with section 45 of the 1993 Act, section 49 of the 1993 Act does not apply to the charity trustees of a relevant educational charity which is not a qualifying excepted charity in respect of any financial year of the charity which is a transitory financial year.
.
9
For article 14 substitute —
14
The Commission may not require, under section 46(5) of the 1993 Act, the charity trustees of a relevant educational charity which is not a relevant specified institution to prepare an annual report in respect of any financial year of the charity which is a transitory financial year.
.
10
For paragraph (1) of article 15 substitute —
1
Despite articles 13 and 14, the charity trustees of a relevant educational charity must —
a
keep proper books of account with respect to the affairs of the charity during any financial year of the charity which is a transitory financial year; and
b
if not required by or under the authority of any Act to prepare a statement of accounts in respect of any such financial year, prepare —
i
an income and expenditure account relating to that financial year; and
ii
a balance sheet relating to the end of that financial year.
.
11
For article 16 substitute —
16
1
Where a qualifying request is made, the accounts to be treated as the most recent accounts of the relevant educational charity are the accounts specified in paragraph (2).
2
The specified accounts of the charity are —
a
the accounts of the charity most recently audited in pursuance of any statutory or other requirement; or
b
if its accounts are not required to be so audited, the accounts most recently prepared in respect of that charity (whether under article 15 or otherwise).
3
In this article “qualifying request” means a request made under section 47(2) of the 1993 Act for the most recent accounts of a relevant educational charity at any time before —
a
in the case of a relevant educational charity which is a company, the charity trustees of that charity have prepared an annual report under section 45 of that Act in respect of the standard financial year; and
b
in any other case, the charity trustees of that charity have prepared —
i
a statement of accounts under section 42(1) of that Act; or
ii
an account and statement under section 42(3) of that Act,
in respect of the standard financial year.
.
12
For article 17 substitute —
17
1
The provisions of the 1993 Act specified in paragraph (2) do not apply to a relevant educational charity before the transitional period end date.
2
The provisions of the 1993 Act specified for the purposes of paragraph (1) are sections 6, 18 and 28(1).
.
13
After article 17 insert —
18
1
No inquiry instituted by the Commission under section 8 of the 1993 Act before the exempt charity appointed day may extend to an Education Action Forum.
2
Subject to paragraph (3), the Commission must not instigate an inquiry under that section on or after the exempt charity appointed day —
a
in relation to one or more Education Action Forums and in respect of any period beginning before that day; or
b
which covers any period beginning before that day and would extend to one or more Education Action Forums.
3
The Commission may, if it considers it appropriate to do so, instigate an inquiry under that section on or after the exempt charity appointed day into an Education Action Forum in respect of any matter —
a
arising before that day but during a financial year of the charity which —
i
began before the exempt charity appointed day; but
ii
ends on or after that day; and
b
of which it becomes aware on or after that day.
19
1
No inquiry instituted by the Commission under section 8 of the 1993 Act before 1st September 2010 may extend to a formerly specified educational institution.
2
Subject to paragraph (3), the Commission must not instigate an inquiry under that section on or after 1st September 2010 —
a
in relation to one or more formerly specified educational institutions and in respect of any period beginning before that date; or
b
which covers any period beginning before that date and would extend to one or more formerly specified educational institutions.
3
The Commission may, if it considers it appropriate to do so, instigate an inquiry under that section on or after 1st September 2010 into a formerly specified educational institution in respect of any matter —
a
arising before that date but during a financial year of the charity which —
i
began before 1st September 2010; but
ii
ends on or after that date; and
b
of which it becomes aware on or after that date.
20
1
For the purposes of the provisions of the 1993 Act specified in paragraph (2), a relevant educational charity is to be treated before the transitional period end date as if it were an exempt charity.
2
The provisions of the 1993 Act specified for the purposes of paragraph (1) are sections 9, 16 and 69G.
21
1
Section 17(7) of the 1993 Act does not apply to a relevant educational charity before the transitional period end date.
2
Where immediately before the transitional period end date a relevant educational charity was preparing or promoting a Bill in Parliament, section 17(7) of the 1993 Act does not apply to any expenditure incurred on or after that date in the preparation or promotion of that Bill.
22
1
For the purposes of section 24 of the 1993 Act (including the purposes of that section as applied by section 25 of that Act), a relevant educational charity is to be treated before the appointed day as if it were an exempt charity.
2
In this article, “appointed day” means the day appointed for the commencement of section 11(10) of the 2006 Act.
23
1
For the purposes of section 33 of the 1993 Act, a relevant educational charity is to be treated before the transitional period end date as if it were an exempt charity.
2
Any charity proceedings —
a
relating to a relevant educational charity; and
b
taken before the transitional period end date,
continue on or after that date as if they had been authorised by the Commission.
3
In this article “charity proceedings” has the meaning given by section 33(8) of the 1993 Act.
24
1
Section 36 of the 1993 Act does not apply —
a
to a relevant educational charity before the transitional period end date; or
b
after that date to a disposition of land held by or in trust for such a charity to which paragraph (2) or (3) applies.
2
This paragraph applies to a disposition of land held by or in trust for an Education Action Forum if —
a
the charity trustees proposed that the relevant land be disposed of (whether by conveyance, transfer, lease or otherwise) before the exempt charity appointed day; but
b
the disposition had not been effected before that day.
3
This paragraph applies to a disposition of land held by or in trust for a formerly specified educational institution if —
a
the charity trustees proposed that the relevant land be disposed of (whether by conveyance, transfer, lease or otherwise) before 1st September 2010; but
b
the disposition had not been effected before that date.
25
For the purposes of section 37(10) of the 1993 Act, a relevant educational charity is to be treated as ceasing to be an exempt charity on the transitional period end date.
26
1
Section 38 of the 1993 Act does not apply —
a
to a relevant educational charity before the transitional period end date; or
b
after that date to a mortgage of land held by or in trust for such a charity to which paragraph (2) or (3) applies.
2
This paragraph applies to a mortgage of land held by or in trust for an Education Action Forum if the charity trustees —
a
proposed that the mortgage be executed before the exempt charity appointed day; but
b
had not executed it before that day.
3
This paragraph applies to a mortgage of land held by or in trust for a formerly specified educational institution if the charity trustees —
a
proposed that the mortgage be executed before 1st September 2010; but
b
had not executed it before that date.
4
For the purposes of this article it does not matter whether the mortgage —
a
will only have effect to secure the repayment of sums paid by way of the proposed loan or grant or discharge of the proposed obligation; or
b
will also have effect to secure the repayment of sums paid by way of loan or grant, or the discharge of other obligations undertaken, after the date of its execution.
5
In this article “mortgage” has the meaning given by section 38 of the 1993 Act.
27
1
For the purposes of section 73(4) of the 1993 Act, a relevant educational charity is to be treated before the transitional period end date as if it were an exempt charity.
2
The Commission may not make an order under section 73(4) of the 1993 Act which would require a person (“P”) to —
a
repay to a relevant educational charity (“C”) the whole or part of any relevant sums received by P by way of remuneration or expenses; or
b
pay to C the whole or part of the monetary value of any relevant benefit in kind received by P.
3
For the purposes of this article —
a
a sum by way of remuneration or expenses or a benefit in kind received by P is a relevant sum or benefit in kind if it is received by P in connection with P’s acting as charity trustee of or trustee for C at any time —
i
before the transitional period end date; and
ii
when P was disqualified by section 72 of the 1993 Act for acting as such a trustee; and
b
it does not matter whether —
i
the sums received by P by way of remuneration or expenses are; or
ii
the benefit in kind received by P is,
received by P before, on or after the transitional period end date.
.
Angela E. Smith
Minister of State
Cabinet Office
29th September 2009


text:
Citation and commencement
1
These Regulations may be cited as the M6 Motorway (Junctions 4 to 5) (Actively Managed Hard Shoulder and Variable Speed Limits) Regulations 2009 and come into force on 21st July 2009.
Interpretation
2
In these Regulations —
“the 1982 Regulations ” means the Motorways Traffic (England and Wales) Regulations 1982 ;
“the 1984 Act ” means the Road Traffic Regulation Act 1984;
“the 2002 Regulations ” means the Traffic Signs Regulations 2002 ;
“carriageway”, “hard shoulder”, “motorway” and “verge” have the same meaning as in the 1982 Regulations;
“emergency refuge areas” means a part of a motorway —
which is adjacent to and situated on the left-hand or near side of the hard shoulder or carriageway when facing in the direction in which, in accordance with regulation 6 of the 1982 Regulations, vehicles may be driven, and
whose boundary with the hard shoulder or carriageway is indicated by a marking of the type shown in diagram 1010 in Schedule 6 to the 2002 Regulations; and
“relevant roads” means the lengths of carriageway specified in Schedule 1 together with the adjacent hard shoulders, emergency refuge areas and verges.
Modification of the 1982 Regulations to allow for actively managed hard shoulder
3
1
In relation to the relevant roads, the 1982 Regulations shall have effect subject to the following modifications.
2
In regulation 3(1) —
a
after sub-paragraph (a) insert —
aa
“actively managed hard shoulder” means the hard shoulder of the relevant roads;
;
b
in sub-paragraph (b)(i) after “the motorway” insert “and includes the actively managed hard shoulder when it is treated as a lane of the carriageway in accordance with regulation 5A(3);”;
c
after sub-paragraph (c) insert —
ca
“emergency refuge area” means a part of a motorway —
i
which is adjacent to and situated on the left-hand or near side of the hard shoulder or carriageway when facing in the direction in which, in accordance with regulation 6, vehicles may be driven, and
ii
whose boundary with the hard shoulder or carriageway is indicated by a marking of the type shown in diagram 1010 in Schedule 6 to the Traffic Signs Regulations 2002;
;
d
in sub-paragraph (e) after “hard shoulder”, insert “subject to regulation 5A,”;
e
in sub-paragraph (g) after “hard shoulder”, add “an emergency refuge area,”; and
f
after sub-paragraph (f) insert —
aff
“relevant roads” has the meaning given to it by regulation 2 of the M6 Motorway (Junctions 4 to 5) (Actively Managed Hard Shoulder and Variable Speed Limits) Regulations 2009;
.
3
For regulation 4 substitute —
Application
4
These Regulations apply to the relevant roads.
4
After regulation 5 insert —
Use of actively managed hard shoulder
5A
1
Subject to the following provisions of these Regulations, a vehicle may be driven on a relevant length of the actively managed hard shoulder.
2
The relevant length of the actively managed hard shoulder shall be treated for the purposes of the Regulations as a lane of the carriageway.
3
Accordingly where paragraph (2) applies, references in these Regulations —
a
to a carriageway shall be treated as including references to the relevant length of the actively managed hard shoulder; and
b
to a hard shoulder, except in regulation 3(1), shall be treated as excluding references to the relevant length of the actively managed hard shoulder.
4
For the purposes of this regulation “relevant length” in relation to the actively managed hard shoulder means a length of the actively managed hard shoulder that —
a
begins immediately after an overhead gantry on which directly above the actively managed hard shoulder there is displayed a traffic sign of the type shown in diagram 670 in Schedule 2 to the Traffic Signs Regulations 2002 indicating that a speed limit other than the national speed limit applies to the actively managed hard shoulder; and
b
ends either —
i
immediately before an overhead gantry on which directly above the actively managed hard shoulder there is displayed a traffic sign of the type shown in diagrams 5003.1 in Schedule 10, or 6031.1 in Schedule 11, to the Traffic Sign Regulations 2002; or
ii
where the hard shoulder converts to a lane for the normal use of traffic indicated by the road marking of the type shown in diagram 1012.1 converting to a road marking of the type shown in diagram 1004.1.
.
5
At the end of regulation 7(2), after “carriageway” insert “or on any emergency refuge area which is contiguous to that carriageway or hard shoulder”.
6
In regulations 7(3)(a) and (b), 9 and 14(b)(i), after “hard shoulder” (in each place) add “or emergency refuge area”.
7
In regulation 12(2), after “three or more traffic lanes” add “(including the actively managed hard shoulder when it is in use as a lane of the carriageway in accordance with regulation 5A).”
Variable speed limits
4
1
No person shall drive a vehicle on a section of a road which is subject to a variable speed limit at a speed exceeding that indicated by a speed limit sign.
2
A section of a road is subject to a variable speed limit in relation to a vehicle being driven along it if —
a
the road is specified in Schedule 2;
b
the vehicle has passed a speed limit sign; and
c
the vehicle has not passed —
i
another speed limit sign indicating a different speed limit; or
ii
a traffic sign which indicates that the national speed limit is in force.
3
The speed limit indicated to a vehicle by a speed limit sign is the speed indicated at the time the vehicle passes the sign, or, if higher, the speed limit indicated by the sign ten seconds before the vehicle passed the sign.
4
For the purpose of this regulation a speed limit sign is to be taken as not indicating any speed limit if, ten seconds before the vehicle passed it, the sign had indicated no speed limit or that the national speed limit was in force.
5
In this regulation —
“national speed limit” has the meaning given by regulation 5(2) of the 2002 Regulations;
“road” includes the adjacent hard shoulder and verge;
“speed limit sign”, in relation to a vehicle, means a traffic sign of the type shown in diagram 670 in Schedule 2 to the 2002 Regulations which is —
situated on or near any part of a road specified in Schedule 2; and
directed at traffic on the carriageway on which the vehicle is being driven.
Signed by authority of the Secretary of State for Transport
C. D. Mole
Parliamentary Under Secretary of State
Department for Transport
22nd June 2009