text:
Citation and commencement
1
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 7) 2009 and shall come into force on 3rd August 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 3rd August 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 3rd August 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
1
In these Regulations —
“clearing participant” means a member of (a) LCH.Clearnet Limited who as such is permitted by the Rules of LCH.Clearnet Limited or (b) X-CLEAR who as such is permitted by the Rules of X-CLEAR or (c) European Multilateral Clearing Facility NV ( EMCF ) who as such is permitted by the Rules of EMCF 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;
“LCH.Clearnet Limited” is a company which is a recognised clearing house under 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;
“EMCF” means European Multilateral Clearing Facility NV, 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 Chi-X Europe Limited, a company which is authorised to operate a multilateral trading facility for the purposes of Part IV of the Financial Services and Markets Act 2000;
“nominee” means a person whose business is or includes holding traded securities as a nominee for LCH.Clearnet Limited or X-CLEAR or EMCF 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 company but does not include stocks and shares issued by a company 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 company; 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 company incorporated in the United Kingdom.
Prescription of recognised investment exchanges and recognised clearing houses
3
For the purpose of sections 116 and 117 of the Finance Act 1991 —
a
Chi-X Europe Limited (“the Facility”) is prescribed as a recognised investment exchange; and
b
LCH.Clearnet Limited is prescribed as a recognised clearing house; and
c
SIX X-CLEAR AG is prescribed as a recognised clearing house; and
d
European Multilateral Clearing Facility NV is prescribed as a recognised clearing house.
Prescribed circumstances for the purposes of sections 116 and 117
4
1
In the circumstances prescribed in this regulation, a charge to stamp duty or 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 issued or transferred, or agreed to be issued or 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 to a clearing participant or a nominee of a clearing participant,
c
a clearing participant or a nominee of a clearing participant to LCH.Clearnet Limited, X-CLEAR or EMCF, or to a nominee of either LCH.Clearnet Limited, X-CLEAR or EMCF.
d
a person other than a clearing participant to LCH.Clearnet Limited, X-CLEAR or EMCF or to a nominee of either LCH.Clearnet Limited, X-CLEAR or EMCF 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 LCH.Clearnet Limited, X-CLEAR or EMCF, or to a nominee of either LCH.Clearnet Limited, X-CLEAR or EMCF, or
e
LCH.Clearnet Limited, X-CLEAR or EMCF, or a nominee of either LCH.Clearnet Limited, X-CLEAR or EMCF to a clearing participant or a nominee of a clearing participant.
f
LCH.Clearnet Limited or a nominee of that clearing house to X-CLEAR or EMCF or a nominee of that clearing house, or
g
X-CLEAR or a nominee of that clearing house to LCH.Clearnet Limited or EMCF or a nominee of that clearing house.
h
EMCF or a nominee of that clearing house to LCH.Clearnet Limited or X-CLEAR or a nominee of that clearing house.
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) (“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 paragraph (4) —
a
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 LCH.Clearnet Limited, X-CLEAR or EMCF are references to that clearing house 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 its 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 party to the agreement in a separate designated account, and not otherwise.
2
In paragraph (1) “designated account” means an account designated by LCH.Clearnet Limited, X-CLEAR or EMCF for a clearing participant in connection with the traded securities concerned.
Steve McCabe
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
1st July 2009


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Tonnage Tax (Training Requirement) (Amendment) Regulations 2009 and shall come into force on 1st October 2009.
Application
2
1
These Regulations apply for the purpose of calculating the payments in lieu of training for the purposes of the Tonnage Tax (Training Requirement) Regulations 2000 (“the 2000 Regulations ”) in respect of a relevant four month period falling after 30th September 2009.
2
In paragraph (1), “a relevant four month period” means a period of four months commencing on 1st October, 1st February or 1st June in any year.
Payments in lieu of training
3
1
The 2000 Regulations are amended as follows.
2
In regulation 15(1)(b) (payments in lieu of training), for “£671” substitute “£685”.
3
In regulation 21(4) (higher rate of payment in case of failure to meet training requirement), for “£610” substitute “£623”.
Revocations
4
The enactments mentioned in the first and second columns of the Schedule are revoked to the extent specified in the third column of that Schedule.
Signed by authority of the Secretary of State for Transport
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
25th August 2009


text:
Citation, application and commencement
1
These Regulations may be cited as the Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products (Amendment) (England) Regulations 2009, they apply in England only and come into force on 23rd December 2009.
Amendment to the Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2005
2
In regulation 7 (monitoring and enforcement) of the Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2005 , after paragraph (4) insert —
4A
Where under paragraph (4) the Secretary of State delegates any function to a local authority in England, sections 108 and 110 of the Environment Act 1995 apply as if that local authority were an enforcing authority for the purposes of section 108.
4B
In paragraph (4A) “local authority” means —
a
a county or a district council;
b
a London borough council;
c
the Common Council of the City of London;
d
the Council of the Isles of Scilly.
.
Jim Fitzpatrick
Minister of State
Department for Environment, Food and Rural Affairs
26th November 2009


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) (Amendment) Regulations 2009 and shall come into force on 1st June 2009.
2
These Regulations apply to England only.
Amendment
2
1
Regulation 15(5) of the Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) Regulations 2009 is amended as follows.
2
Omit the words “from and including 1 st April 2009”.
Signed by authority of the Secretary of State for Transport
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
6th May 2009


text:
Citation and commencement
1
These Regulations may be cited as the Real Estate Investment Trusts (Amendment of Schedule 16 to the Finance Act 2006) Regulations 2009 and shall come into force on 6th July 2009.
Amendment of Schedule 16 to the Finance Act 2006
2
In Schedule 16 (excluded business and income) to the Finance Act 2006 —
a
for paragraph 3 substitute —
3
1
Letting of property if the property would fall in accordance with generally accepted accounting practice to be described as owner-occupied.
2
For the purpose of sub-paragraph (1), no account shall be taken of the fact that a property may fall to be described as owner-occupied by reason only of the provision of services to an occupant who —
a
is in exclusive occupation of the property, and
b
is not connected with a member of the group (within the meaning given by section 839 of ICTA ).
Bernadette Kenny
11th June 2009
Dave Hartnett
12th June 2009
Two of the Commissioners of Her Majesty’s Revenue and Customs


text:
Citation and interpretation
1
1
This Order may be cited as the Banking Act 2009 (Commencement No. 4) Order 2009.
2
In this Order “ the Act ” means the Banking Act 2009.
Provisions conferring power to make secondary legislation
2
To the extent that the provisions referred to in articles 3 and 4 confer or relate to the power to make subordinate legislation, those provisions come into force on 12th November 2009 for the purpose of enabling subordinate legislation to be made; but no such subordinate legislation may come into force —
a
in the case of subordinate legislation made under the provisions referred to in article 3, before 23rd November 2009;
b
in the case of subordinate legislation made under the provisions referred to in article 4, before 31st December 2009.
Provisions of the Act coming into force on 23rd November 2009
3
The provisions of Part 6 of the Act (banknotes: Scotland and Northern Ireland) come into force on 23rd November 2009.
Provisions of the Act coming into force on 31st December 2009
4
The provisions of Part 5 of the Act (inter-bank payment systems) listed in the Schedule come into force on 31st December 2009.
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 Public Service Vehicles (Operators’ Licences) (Amendment) Regulations 2009 and shall come into force on 20th April 2009.
Amendments
2
1
The Public Service Vehicles (Operators’ Licences) Regulations 1995 are amended as follows.
2
In regulation 3(1), after the definition of “local authority”, there shall be inserted —
notice of election” means a notice for the purposes of regulation 11(4) of these Regulations served prior to 20th April 2009;
3
In regulation 11 (which deals with the coming into force and expiry of discs) —
a
in paragraph (2)(a), for “if paragraph (3) applies to the disc” there shall be substituted “in any case where a notice of election is in force”.
b
paragraphs (3) and (4) shall be omitted.
c
for paragraph (5), there shall be substituted “All notices of election shall cease to have effect on 31 March 2010 or at the end of the current 1 year period of the relevant licence, if sooner.”
d
paragraphs (6) and (7) shall be omitted.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
25th March 2009


text:
PART 1 Introduction
Citation and interpretation
1
1
This Order may be cited as the Safeguarding Vulnerable Groups Act 2006 (Commencement No.6, Transitional Provisions and Savings) Order 2009.
2
In this Order —
“ the Act ” means the Safeguarding Vulnerable Groups Act 2006;
“the 2008 Order ” means the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 ;
“ CSA ” means the Care Standards Act 2000 ;
“ CJCSA ” means the Criminal Justice and Court Services Act 2000 ;
“disqualification order” means an order made under section 28, 29 or 29A of CJCSA;
“ EA 2002 ” means the Education Act 2002 ;
“ POCA ” means the Protection of Children Act 1999 ;
PART 2 Commencement
Provisions coming into force on 12th October 2009
2
1
12th October 2009 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of the Schedule.
2
Where a particular purpose is specified in column 2 of the Schedule in relation to any such provision, the provision shall come into force on that date for that purpose only.
Repeal of provisions of the Criminal Justice and Courts Services Act 2000
3
1
The repeal of the remaining provisions of CJCSA by section 63(2) of, and Schedule 10 to, the Act shall come into force on 12th October 2009 for the purposes specified in the following provisions of this article.
2
The provisions of CJCSA referred to in paragraph (1) shall cease to have effect for the purposes of enabling a disqualification order to be made in relation to a person who is barred from regulated activity by virtue of section 3(2) of the Act.
3
Section 35 of CJCSA shall cease to have effect for the purpose of making it an offence for a person knowingly to apply for, to offer to do, to accept or to do any work in a regulated position (within the meaning of section 36 of that Act) where —
a
the person falls within paragraph (4), and
b
is disqualified from working with children only by reason of a disqualification order falling within paragraph (5).
4
A person (“P”) falls within this paragraph if P —
a
is or has at any time been barred from regulated activity by virtue of section 3(2) of the Act; or
b
has been included in the children’s barred list pursuant to article 2(2)(a) of the 2008 Order, but is removed from that list by IBB in accordance with paragraph 2(4) of that Order.
5
A disqualification order falls within this paragraph if —
a
P was subject to the disqualification order immediately before IBB included P in the children’s barred list; and
b
at that time IBB was aware that P was subject to the disqualification order.
6
In paragraph (1) “the remaining provisions of CJCSA” means the provisions of that Act mentioned in Schedule 10 to the Act other than those referred to in the Schedule to this Order.
Repeal of provisions of the Education Act 2002
4
1
The repeal of the remaining provisions of EA 2002 by section 63(2) of, and Schedule 10 to, the Act shall come into force on 12th October 2009 for all purposes except as provided in paragraph (2).
2
The provisions of EA 2002 referred to in paragraph (1) shall continue to have effect for the purpose of enabling the Secretary of State to make a direction under section 142(1)(a) of that Act where —
a
the effect of the direction is to prevent a person from taking part in the management of an independent school, and
b
the direction is made on grounds relating to a person’s misconduct pursuant to section 142(4)(c) of that Act.
3
In paragraph (1) “the remaining provisions of EA 2002” means the provisions of that Act mentioned in Schedule 10 to the Act other than those referred to in the Schedule to this Order
PART 3 Transitional provisions and savings
Transitional provisions and savings: Protection of Children Act 1999
5
1
Despite the commencement under article 2 of the repeal of —
a
provisions of POCA, and
b
the other related provisions,
those provisions continue to have effect in relation to a person falling within paragraph (4) (“P”) for any of the purposes specified in paragraph (2) until one of the matters described in paragraph (5) applies to P.
2
The provisions mentioned in paragraph (1) continue to have effect for the purposes of —
a
keeping the list under section 1 of POCA;
b
including P in that list;
c
providing for the effect of P’s inclusion in that list in accordance with section 7 of that Act;
d
determining whether P is to be removed from that list and providing for P’s removal.
3
For the purposes of paragraph (2)(d), the reference to determining whether P is to be removed from the list includes consideration of whether P should be removed on an appeal under section 4 of that Act or on an application under section 4A of that Act.
4
P is a person —
a
who immediately before 12th October 2009 is included (provisionally or otherwise) in the list kept under section 1 of POCA, and
b
in relation to whom none of the matters described in paragraph (5)(b) to (e) has occurred before that date.
5
The matters referred to in paragraph (1) are —
a
P is removed from the list kept under section 1 of POCA in accordance with a provision of that Act;
b
P is included in the children’s barred list pursuant to article 2(2)(a) of the 2008 Order and either —
i
IBB is not required under article paragraph (2)(b) of article 2 of that Order to give P the opportunity to make representations as to why P should be removed from that list, or
ii
where IBB is required under that paragraph to give P the opportunity to make such representations, IBB decides under that article not to remove P from that list;
c
P is included in the children’s barred list other than in accordance with article 2(2)(a) of the 2008 Order;
d
in accordance with article 2(4) of the 2008 Order, IBB removes P from the children’s barred list;
e
where P is referred to IBB in accordance with article 3 of the 2008 Order, IBB makes a decision not to include P in the children’s barred list.
6
Section 3 of the Act does not apply to P until the provisions referred to in paragraph (1) cease to have effect in relation to P in accordance with this article.
7
In paragraph (1) “the other related provisions” means —
a
the following provisions of CSA —
i
sections 82(4) to (7), 83(4) to (7) and 85(1) to (6), in so far as those provisions apply by virtue of sections 2C of POCA to the inclusion of persons in the list kept under section 1 of that Act; and
ii
sections 94 to 98 and paragraph 26 of Schedule 4;
b
paragraphs 155, 157 and 158 of Schedule 7 to CJCSA;
c
paragraph 121 of Schedule 21 to EA 2002, in so far as the amendments made by those provisions are relevant to the provisions of section 7 of POCA affecting persons included in the list under section 1 of that Act;
d
paragraphs 122(a) and 123 of Schedule 21 to EA 2002;
e
section 189(1) of the Health and Social Care (Community Health and Standards) Act 2003 , in so far the amendment made by that provision is relevant to the provisions of section 7 of POCA affecting persons included in the list under section 1 of that Act.
Transitional provisions and savings: Care Standards Act 2000
6
1
Despite the commencement under article 2 of the repeal of —
a
provisions of CSA, and
b
the related provisions of POCA,
those provisions continue to have effect in relation to a person falling within paragraph (4) (“P”) for any of the purposes specified in paragraph (2) until one of the matters described in paragraph (5) applies to P.
2
The provisions mentioned in paragraph (1) continue to have effect for the purposes of —
a
keeping the list under section 81 of CSA;
b
including P in that list;
c
providing for the effect of P’s inclusion in that list in accordance with section 89 of that Act;
d
determining whether P is to be removed from that list and providing for P’s removal.
3
For the purposes of paragraph (2)(d), the reference to determining whether P is to be removed from the list includes consideration of whether P should be removed on an appeal under section 86 of that Act or on an application under section 87.
4
P is a person —
a
who immediately before 12th October 2009 is included (provisionally or otherwise) in the list kept under section 81 of CSA, and
b
in relation to whom none of the matters described in paragraph (5)(b) to (d) has occurred before that date.
5
The matters referred to in paragraph (1) are —
a
P is removed from the list kept under section 81 of CSA in accordance with a provision of that Act;
b
P is included in the adults’ barred list pursuant to article 4(2)(a) of the 2008 Order and either —
i
IBB is not required under paragraph (2)(b) of article 4 of that Order to give P the opportunity to make representations as to why P should be removed from that list, or
ii
where IBB is required under that paragraph to give P the opportunity to make such representations, IBB decides under that article not to remove P from that list;
c
IBB includes P in the adults’ barred list other than in accordance with article 4(2)(a) of the 2008 Order;
d
in accordance with article 4(4) of the 2008 Order, IBB removes P from the adults’ barred list.
6
Section 3 of the Act does not apply to P until the provisions referred to in paragraph (1) cease to have effect in relation to P in accordance with this article.
7
In paragraph (1) “the related provisions of POCA” means sections 2(4) to (7), 2A(3), 2B(1) to (6) and 2D(1) and (2) of that Act, in so far as those provisions apply by virtue of section 92 of CSA to the inclusion of persons in the list kept under section 81 of that Act.
Transitional provisions and savings: Education Act 2002
7
1
Despite the commencement by this Order of the repeal of —
a
the provisions of EA 2002 referred to in article 4,
b
section 7 of POCA (in so far as that section has effect in relation to persons subject to a direction under section 142 of the EA 2002), and
c
the other related provisions,
those provisions continue to have effect in relation to a person falling within paragraph (3) (“P”) for any of the purposes specified in paragraph (2) until one of the matters described in paragraph (4) applies to P.
2
The provisions mentioned in paragraph (1) continue to have effect for the purposes of —
a
enabling a direction under section 142 of EA 2002 (“a direction”) to be made and to have effect in relation to P;
b
providing for the effect of a direction in relation to P under section 7 of POCA;
c
determining whether a direction in relation to P should be revoked under section 142(6) of EA 2002 (revocation by the Secretary of State) or section 144 of that Act (revocation by the First-tier Tribunal on review or on appeal) and revoking such a direction;
d
giving effect to regulations under the provisions of EA 2002 mentioned in paragraph (1) in so far as the regulations are relevant for the purposes specified in sub-paragraphs (a) to (c).
3
P is a person —
a
who immediately before 12th October 2009 —
i
is included (provisionally or otherwise) in the list kept under section 1 of POCA, or
ii
is not included in that list but is subject to a direction made under section 142 of EA 2002 on the grounds referred to in subsection (4)(b) to (e) of that section; and
b
in relation to whom none of the matters described in paragraph (4)(b) to (e) has occurred before that date.
4
The matters referred to in paragraph (1) are —
a
a direction made in relation to P is revoked under section 142(6) or 144 of EA 2002;
b
P is included in the children’s barred list pursuant to article 2(2)(a) of the 2008 Order and either —
i
IBB is not required under paragraph (2)(b) of article 2 of that Order to give P the opportunity to make representations as to why P should be removed from that list, or
ii
where IBB is required under that paragraph to give P the opportunity to make such representations, IBB decides under that article not to remove P from that list;
c
P is included in the children’s barred list other than in accordance with article 2(2)(a) of the 2008 Order;
d
in accordance with article 2(4) of that Order, IBB removes P from the children’s barred list;
e
where P is referred to the IBB in accordance with article 3 of the 2008 Order, IBB makes a decision not to include P in the children’s barred list.
5
Section 3 of the Act does not apply to a person falling within paragraph (3)(a)(ii) until the provisions referred to in paragraph (1) cease to have effect in relation to that person in accordance with this article.
6
In paragraph (1) “the other related provisions” means —
a
the following provisions in so far as the amendments made by those provisions are relevant to the provisions of section 7 of POCA affecting persons subject to a direction under section 142 of EA 2002 —
i
paragraph 121 of Schedule 2 to EA 2002;
ii
section 189(1) of the Health and Social Care (Community Health and Standards) Act 2003 ;
b
section 9(2)(b) of POCA; and
c
paragraph 122(a) of Schedule 21 to EA 2002.
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
1st October 2009


text:
Citation and commencement
1
These Regulations may be cited as the Stamp Duty Land Tax (Use of Information Contained in Land Transaction Returns) Regulations 2009 and shall come into force on 21st August 2009.
Interpretation
2
In these Regulations —
“land transaction return” means a return complying with the requirements imposed by Part 1 of Schedule 10 to the Finance Act 2003 (stamp duty land tax: land transaction returns) and regulations under that Part;
“ DFP ” means Department of Finance and Personnel as set out in the Departments (Northern Ireland) Order 1999 .
Disclosure and use of land transaction information to and by the Commissioner of Valuation for Northern Ireland and District Valuers in Northern Ireland
3
1
Relevant information may be made available for use by the Commissioner of Valuation for Northern Ireland and District Valuers in Northern Ireland for the purposes of, the exercise of any statutory function of the Commissioner or District Valuers (as the case may be).
2
Relevant information made available for use by the Commissioner of Valuation for Northern Ireland or District Valuers in Northern Ireland under this regulation may be disclosed by the Commissioner of Valuation for Northern Ireland or District Valuers in Northern Ireland to DFP for the purposes of regulation 4.
Disclosure and use of land transaction information to and by the Department of Finance and Personnel
4
1
Relevant information may be available for use by DFP for the purposes of any lawful function of DFP but must not be used in any way which would permit any person other than an officer of DFP to identify the vendor or the purchaser .
2
Relevant information made available for use by DFP under this regulation must not be disclosed outside DFP without the consent of the Commissioners for Her Majesty’s Revenue and Customs. Such consent may be general or specific.
Alistair Darling
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
30th July 2009


text:
Citation, commencement and extent
1
1
This Order may be cited as the Abolition of the Commission for the New Towns and the Urban Regeneration Agency (Appointed Day and Consequential Amendments) Order 2009 and shall come into force on 1st April 2009.
2
This Order extends to England and Wales.
Appointed day
2
The day appointed for the purposes of sections 49 and 50(1) of the Housing and Regeneration Act 2008 (abolition of the Urban Regeneration Agency and the Commission for the New Towns ) is 1st April 2009.
Consequential amendments
3
1
The Redundancy Payments (Continuity of Employment in Local Government, etc ) (Modification) Order 1999 is amended, in Schedule 1, by the omission of paragraph 44 of section 2.
2
The Employers’ Liability (Compulsory Insurance) Regulations 1998 are amended, in Schedule 2, by the omission of paragraph 7.
3
The Town and Country Planning (Simplified Planning Zones) Regulations 1992 are amended as follows —
a
in regulation 2 (interpretation) —
i
in the definition of “designated area”, for “section 170(2) of the Leasehold Reform, Housing and Urban Development Act 1993” substitute “section 13 of the Housing and Regeneration Act 2008”;
ii
after the entry for “duly made” insert —
“Homes and Communities Agency” means the Homes and Communities Agency established by section 1 of the Housing and Regeneration Act 2008;
;
iii
omit the entry for “Urban Regeneration Agency”; and
b
in regulation 3 (consultation and notification), in paragraph 1(e) for “Urban Regeneration Agency” substitute “Homes and Communities Agency”.
Signed by the authority of the Secretary of State for Communities and Local Government
Kay Andrews
Parliamentary Under Secretary of State
Department for Communities and Local Government
26th March 2009


text:
Citation, commencement and effect
1
1
This Order may be cited as the Research and Development (Qualifying Bodies) (Tax) Order 2009 and shall come into force on 23rd June 2009.
2
This Order shall have effect in relation to expenditure incurred on or after 1st April 2002.
Bodies prescribed for the purposes of Part 13 of the Corporation Tax Act 2009
2
Each of the bodies specified in column (1) of the Schedule to this Order is a body prescribed for the purposes of Part 13 of the Corporation Tax Act 2009 (additional relief for expenditure on research and development).
Tony Cunningham
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
1st June 2009


text:
Citation and commencement
1
This Order may be cited as the Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order 2009 and comes into force on 25 th January 2010.
Application
2
1
This Order applies —
a
in England and Wales;
b
in relation to English fishing boats and Welsh fishing boats, wherever they are;
c
in relation to other fishing boats within British fishery limits , except when they are in —
i
the Scottish zone, as defined in section 126(1) of the Scotland Act 1998 ,
ii
the Northern Ireland zone, as defined in section 98(1) of the Northern Ireland Act 1998 ).
2
In this article —
a
“English fishing boat” means a fishing boat which is —
i
registered, with its specified port being in England, or
ii
owned wholly by persons qualified to own British ships for the purposes of Part 2 of the Merchant Shipping Act 1995 , other than a Welsh fishing boat, a Northern Ireland fishing boat or a Scottish fishing boat;
b
“Welsh fishing boat” means a fishing boat which is registered, with its specified port being in Wales.
3
In paragraph (2)(a) —
a
“Northern Ireland fishing boat” means a fishing boat which is registered, with its specified port being in Northern Ireland; and
b
“Scottish fishing boat” means a fishing boat which is registered, with its specified port being in Scotland.
4
In paragraphs (2) and (3), “registered” means registered in the register maintained under section 8 of the Merchant Shipping Act 1995, and “specified port” means the port specified in the entry in that register as the one to which the boat is to be treated as belonging.
Interpretation
3
1
In this Order —
“authorised officer” means a person authorised in writing by a local authority, a port health authority, the Secretary of State or the Welsh Ministers for the purposes of this Order;
“British sea-fishery officer” has the same meaning as in section 7 of the Sea Fisheries Act 1968 ;
“the Commission Regulation” means Commission Regulation (EC) No 1010/2009 laying down detailed rules for the implementation of Council Regulation (EC) No 1005/2008 ;
“the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;
“controlled consignment” means a consignment prohibited from movement under article 5;
“the Council Regulation” means Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing;
“England” includes the waters adjacent to England up to the seaward limits of the territorial sea;
“equivalent provision” means a provision in any other instrument extending to any part of the United Kingdom which has equivalent effect to a provision in this Order, proceedings in respect of which may be taken in England or Wales by virtue of section 30(2A) of the Fisheries Act 1981 ;
“local authority” means —
in relation to England, a county council, a district council, a London Borough Council, the Common Council of the City of London or the Council of the Isles of Scilly; and
in relation to Wales, a county council or a county borough council;
“port health authority” means —
in relation to the London port health district (within the meaning given by section 7(1) of the Public Health (Control of Disease) Act 1984 ), the Common Council of the City of London; and
in relation to any port health district constituted by order under section 2(3) of that Act, the port health authority for that district constituted by order under section 2(4) of that Act;
“third country fishing vessel” means a fishing vessel which is not a Community fishing vessel; and
“Wales” has the meaning given in section 158(1) of the Government of Wales Act 2006 .
2
Terms used in this Order that are also used in the Council Regulation have the meaning they bear in that Regulation.
3
In this Order, any reference to the Council Regulation is a reference to that Regulation as amended from time to time.
4
In this Order, any reference to the Commission Regulation is a reference to that Regulation as amended from time to time.
Competent authority
4
1
The Secretary of State is, otherwise than in relation to Wales, the competent authority for the purposes of the Council Regulation and the Commission Regulation.
2
The Welsh Ministers are, in relation to Wales, the competent authority for the purposes of the Council Regulation and the Commission Regulation.
3
Where fish or fishery products are imported into England or Wales by container ship, air, road or rail, the local authority and the port health authority are also the competent authority for the purposes of the provisions referred to in paragraph (4).
4
The provisions are —
a
Article 12(2) of the Council Regulation (receipt of catch certificates);
b
Article 14(1) and (2) of the Council Regulation (receiving catch certificates and documentation, and statements describing consignments where fishery products have been processed in a third country or have come via a third country);
c
Article 16(1) and (2) of the Council Regulation (checking of catch certificates and receiving information from approved economic operators);
d
Article 17(2) of the Council Regulation and Article 20 of the Commission Regulation (verifications); and
e
Article 18 (1), (2) and (3) of the Council Regulation (refusal of importation).
Control on movement
5
1
An authorised officer may prohibit the movement of a consignment of fish or fishery products from the place of import while a verification takes place pursuant to Article 17 of the Council Regulation or Article 20 of the Commission Regulation.
2
An authorised officer who has prohibited the movement of a consignment must, as soon as possible, give written notice to the importer or the person who appears to the officer to be in charge of the consignment.
3
The notice must —
a
specify the controlled consignment;
b
state that it may not be moved without the written consent of an authorised officer under article 6;
c
specify the relevant provision of the Council Regulation or Commission Regulation in respect of which the authorised officer has reason to believe that there has been a failure to comply; and
d
specify what steps, if any, must be taken to demonstrate compliance with that provision, and within what time such steps must be taken.
4
If the person to whom the authorised officer gives the notice does not appear to the officer to be the importer or an agent, contractor or employee of the importer, the authorised officer must take reasonable steps to bring the contents of the notice to the attention of such a person as soon as possible.
5
Where —
a
a verification has been completed, and
b
any steps specified under paragraph (3)(d) have been fulfilled within the specified time frame,
the authorised officer must remove the prohibition on movement if satisfied that a breach of the Council Regulation or Commission Regulation has not taken place.
Consent to movement
6
1
An authorised officer may give written consent to the movement of a controlled consignment.
2
Before giving such consent, an authorised officer may require the importer to give a written undertaking to the effect that the consignment will —
a
be moved to a place specified by an authorised officer; and
b
not be moved from that place without the written consent of an authorised officer.
3
Any consent given under this article must —
a
specify the controlled consignment to which it relates;
b
specify the place to which the controlled consignment is to be moved; and
c
state that the consignment continues to be controlled.
4
Where such consent has been given and the consignment has been moved to the place in question, the prohibition on movement under article 5 applies to it at the place in question as it applied at the place of import.
Refusal of importation
7
1
For the purposes of exercising functions in relation to Article 18(3) of the Council Regulation, an authorised officer may exercise the powers in sections 268 and 270 to 278 of, and Schedule 18 to, the Marine and Coastal Access Act 2009, save that any reference in those provisions —
a
to an ‘enforcement officer’ is to be read as an ‘authorised officer’; and
b
to ‘fish’ is to be read as ‘fish or fishery products’.
2
The competent authority must refuse importation or permission to use transhipment facilities where a declaration has not been submitted in accordance with Article 8 of the Council Regulation and Article 3 of the Commission Regulation.
3
Where the competent authority has refused importation pursuant to Article 18(1) or (2) of the Council Regulation or paragraph (2) above, the importer may appeal to a magistrates’ court within 28 days of the refusal.
4
The procedure in a magistrates’ court under this Order is by way of complaint, and the Magistrates’ Courts Act 1980 applies to the proceedings.
Fees relating to third country imports
8
A port health authority or local authority must charge an importer of a consignment a fee in respect of any expenses reasonably incurred by it in carrying out its functions under article 4(3) or 5 in respect of any consignment.
Offences under the Council Regulation
9
1
It is an offence for the person in charge of a third country fishing vessel to enter port without authorisation under Article 7 of the Council Regulation.
2
It is an offence for the person in charge of a fishing vessel to conduct a transhipment with a third country fishing vessel contrary to Article 4(3) of the Council Regulation.
3
It is an offence to import fishery products without a validated catch certificate pursuant to Article 12 of the Council Regulation.
4
It is an offence for a person to engage in fishing for a stock which is subject to a moratorium or for which fishing is otherwise prohibited under Article 3(d) of the Council Regulation.
5
It is an offence for a person to tranship fish or fishery products between, or participate in joint fishing operations with, a fishing vessel that —
a
has engaged in IUU fishing;
b
is on the Community IUU vessel list; or
c
is on an IUU vessel list of a regional fisheries management organisation.
6
In relation to a fishing vessel on the Community IUU vessel list, it is an offence for a person —
a
to enter into an agreement to operate or beneficially own it;
b
to furnish it with any supplies, gear or people; or
c
to engage in employment on it.
7
It is an offence for a person to conduct business directly connected to IUU fishing, within the meaning of Article 42(1)(b) of the Council Regulation,
8
It is an offence for a person to falsify, or use falsified, documents contrary to Article 42(1)(c) of the Council Regulation.
9
It is an offence for a person, knowing a consignment to be a controlled consignment, to move it or cause it to be moved otherwise than in accordance with the written consent of an authorised officer.
10
It is an offence for a person to disclose information received from the Commissioners contrary to article 19(3) of this Order.
11
In paragraphs (1) and (2), the “person in charge” of a fishing vessel means the owner, master, charterer (if any) or their agents.
Penalties
10
1
A person found guilty of an offence under article 9(1) to (9) or 17 of this Order, or under an equivalent provision, is liable —
a
on summary conviction, to a fine not exceeding £50,000;
b
on conviction on indictment, to a fine.
2
A person found guilty of an offence under article 9(10) of this Order is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum, to imprisonment for a term not exceeding three months or to both;
b
on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or both.
Recovery of fines
11
1
Where a magistrates’ court imposes a fine on a person convicted of an offence under this Order or under an equivalent provision, the court may —
a
for the purpose of levying the amount of the fine, issue a warrant of distress against —
i
the boat involved in the commission of the offence,
ii
its gear and catch, and
iii
any property of the person convicted; and
b
order that the boat, its gear and catch be detained until the earlier of —
i
the expiry of a period not exceeding three months from the date of the conviction,
ii
the fine being paid, or
iii
the amount of the fine being levied in pursuance of any such warrant.
2
Sections 77(1) and 78 of the Magistrates’ Courts Act 1980 apply to a warrant of distress issued under this article as they apply to a warrant of distress issued under Part 3 of that Act.
3
Where, in relation to a fine in respect of an offence under this Order or under an equivalent provision, an order under Article 95 of the Magistrates’ Courts (Northern Ireland) Order 1981 or section 222 of the Criminal Procedure (Scotland) Act 1995 (which deal with the transfer of fines from one jurisdiction to another) specifies a local justice area in England and Wales, this article applies as if the fine were imposed by a court within that area.
Powers of British sea-fishery officers in relation to fishing boats
12
1
For the purpose of enforcing this Order or an equivalent provision, a British sea-fishery officer has the powers set out in this article in relation to a fishing boat to which this Order applies.
2
A British sea-fishery officer may go on board the boat, with or without persons assigned to assist in that officer’s duties, and may require it to stop and do anything else which will facilitate boarding.
3
A British sea-fishery officer may require the attendance of the master and other persons on board and may make any examination and inquiry as appears to the officer to be necessary for the purpose mentioned in paragraph (1), and in particular may —
a
search for fish or fishing gear on the boat and examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board to do anything which appears to the officer to be necessary for facilitating the examination;
b
require any person on board to produce any document in that person’s custody or possession relating to the boat, to any fishing or ancillary operations or to persons on board;
c
for the purpose of ascertaining whether an offence under this Order or an equivalent provision has been committed, search the boat for any such document and may require any person on board to do anything which appears to the officer to be necessary for facilitating the search;
d
inspect and copy any such document produced or found on board and, where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away;
e
where the boat is one in relation to which the officer has reason to suspect that an offence under this Order or an equivalent provision has been committed, seize and detain any such document produced or found on board for the purpose of enabling it to be used as evidence in proceedings in connection with any offence under this Order or an equivalent provision.
4
Nothing in paragraph (3)(e) permits any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in port.
5
Where it appears to a British sea-fishery officer that an offence under this Order or an equivalent provision has at any time been committed in relation to a fishing boat, the officer may —
a
take, or require the master of the boat to take, the boat and its crew to the port which appears to the officer to be the nearest convenient port; and
b
detain, or require the master to detain, the boat in the port.
6
A British sea-fishery officer who detains or requires the detention of a boat must serve on the master a written notice stating that the boat is, or is required to be, detained until the notice is withdrawn by the service on the master of a further written notice signed by a British sea-fishery officer.
Powers of British sea-fishery officers on land
13
1
For the purpose of enforcing this Order or an equivalent provision, a British sea-fishery officer may —
a
enter and inspect at any reasonable time any premises used for carrying on any business in connection with the operation of fishing boats (or any connected or ancillary activities) or with the importation, processing, treatment, storage, weighing or sale of fish or fishery products;
b
bring such other persons as appear to the officer to be necessary and any equipment or materials;
c
examine any fish or fishery products on the premises and require any person on the premises to do anything which appears to the officer to be necessary for facilitating the examination;
d
carry out at the premises such other inspections or tests as may reasonably be necessary, including inspections and tests relating to equipment used to weigh fish or fishery products;
e
require any person not to remove or cause to be removed any fish or fishery products from the premises for such period as may be reasonably necessary for the purposes of establishing whether an offence under this Order or an equivalent provision has been committed;
f
require any person on the premises to produce any documents in that person’s custody or possession relating to the importation, processing, catching, landing, weighing, transportation, transhipment, sale or disposal of any fish or fishery products or to the entry to, or exit from, any port or harbour by any fishing boat;
g
for the purpose of ascertaining whether any person has committed an offence under this Order or an equivalent provision, search the premises for any such document and require any person on the premises to do anything which appears to the officer to be necessary for facilitating the search;
h
inspect and take copies of any such document produced or found on the premises;
i
require any appropriate or responsible person to render any such document on a computer system into a visible and legible form, including requiring it to be produced in a form in which it may be taken away; and
j
if the officer has reason to suspect that an offence under this Order or an equivalent provision has been committed, seize and detain any such document produced or found on the premises for the purpose of enabling it to be used as evidence in proceedings in connection with any offence under this Order or an equivalent provision.
2
The provisions of paragraph (1) also apply in relation to any land used in connection with any of the activities described in paragraph (1)(a), or in respect of any vehicle which a British sea- fishery officer has reasonable cause to believe is being used to transport fish or fishery products, as they apply in relation to premises and, in the case of a vehicle, include power to require the vehicle to stop at any time and, if necessary, direct the vehicle to some other place to facilitate the inspection.
Warrants to enter premises
14
1
A justice of the peace who on sworn information in writing is satisfied that the circumstances in paragraph (2) apply may issue a warrant authorising a British sea-fishery officer to enter any premises, if necessary using reasonable force, and to take with that officer such persons as appear to be necessary.
2
The circumstances are that —
a
there are reasonable grounds to believe that any documents or other items which a British sea-fishery officer has power under article 13 to inspect are on the premises;
b
the inspection of such documents or other items is likely to disclose evidence of the commission of an offence under this Order or an equivalent provision; and
c
either —
i
entry to the premises has been or is likely to be refused and notice of intention to apply for a warrant has been given to the occupier,
ii
an application for entry, or the giving of notice, would defeat the object of the entry,
iii
the premises are unoccupied, or
iv
the occupier is temporarily absent and it might defeat the object of the entry to await that person’s return.
Powers of British sea-fishery officers to seize fish and fishing gear
15
A British sea-fishery officer may seize —
a
any fish or fishery products, including any receptacle which contains the fish or fishery products, in respect of which the officer has reasonable grounds to suspect that an offence under this Order or an equivalent provision has been committed;
b
any net or other fishing gear which the officer has reasonable grounds to suspect has been used in the commission of such an offence.
Protection of officers
16
1
An officer is not liable in any civil or criminal proceedings for anything done or omitted to be done in the purported exercise of any of the powers conferred by articles 12 to 15 or in carrying out checks and verifications under the Council Regulation or the Commission Regulation if the court is satisfied that —
a
the officer acted in good faith;
b
there were reasonable grounds for so acting; and
c
the officer acted with reasonable skill and care.
2
In paragraph (1), “officer” means —
a
an authorised officer,
b
a British sea-fishery officer, or
c
a person assisting a British sea-fishery officer by virtue of —
i
article 12(2) or 13(1)(b), or
ii
a warrant issued under article 14.
Obstruction of officers
17
1
A person is guilty of an offence if that person —
a
fails without reasonable excuse to comply with any requirement imposed by an officer under the powers conferred by this Order;
b
without reasonable excuse, prevents, or attempts to prevent, any other person from complying with any such requirement;
c
conceals, tampers with or disposes of evidence relating to an investigation;
d
assaults an officer who is exercising any of the powers conferred by this Order; or
e
intentionally obstructs an officer in the exercise of any of the powers conferred by this Order.
2
In paragraph (1), “officer” has the same meaning as in article 16(2)
Offences by corporate bodies
18
1
If an offence under this Order or an equivalent provision committed by a body corporate is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer, that officer as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.
2
If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with that member’s functions of management as if that member were a director of the body.
3
In this article “officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
Exchange of information
19
1
The Secretary of State, the Welsh Ministers, the Commissioners, any local authority or port health authority may exchange information for the purpose of this Order and may divulge information to the enforcement authorities of Scotland and Northern Ireland for the purposes of this Order or the equivalent provision in those jurisdictions
2
Paragraph (1) is without prejudice to any other power of the Secretary of State, the Welsh Ministers, the Commissioners, the local authority or port health authority to disclose information.
3
No person, including a servant of the Crown, may disclose any information received from the Commissioners under paragraph (1) if —
a
the information relates to a person whose identity —
i
is specified in the disclosure; or
ii
can be deduced from the disclosure;
b
the disclosure is for a purpose other than the purposes specified in paragraph (1); and
c
the Commissioners have not given their prior consent to its disclosure.
Obtaining samples and analysis etc
20
1
An authorised officer may, for the purposes of ascertaining whether any offence under this Order has been committed, purchase or take a sample of any fish or fishery products.
2
An authorised officer who considers that the sample should be analysed, examined or tested, must submit it for that purpose to the public analyst for the area in which it was obtained (or, if in the office of the public analyst for the area is vacant, to the public analyst for some other area).
3
The public analyst must —
a
ensure that the sample is analysed, examined or tested as soon as practicable; and
b
give the person who submitted the sample a certificate specifying the result.
4
In any proceedings, the production by one of the parties —
a
of a document purporting to be a certificate under paragraph (3)(b), or
b
of a document supplied to the party by the other party as being a copy of such a certificate,
is evidence of the facts stated in it unless, in a case falling within sub-paragraph (a), the other party requires that the public analyst be called as a witness.
5
In any such proceedings, if a person charged or summonsed intends to produce a certificate of a public analyst or require, under paragraph (4), the public analyst to be called as a witness, written notice of the intention together with a copy of the certificate (if appropriate) must be given to the other party at least three clear days before the hearing or trial.
6
If such notice is not given, the court may adjourn the proceedings on such terms as it thinks fit.
7
In this Order, “public analyst” has the same meaning as in section 27 of the Food Safety Act 1990 .
Admissibility of documents in evidence
21
1
In any proceedings in respect of an offence under this Order or an equivalent provision, a document specified in paragraph (2) is evidence of the matters stated in that document.
2
The documents are —
a
a logbook kept under Article 6 or 17(2) of the Control Regulation;
b
a declaration submitted under Article 8(1), 9, 12, 17(2) or 28f of the Control Regulation;
c
a sales note or document submitted under Article 9 of the Control Regulation;
d
a document drawn up under Article 13 of the Control Regulation;
e
a document containing required information received by a fisheries monitoring centre established under Article 3(7) of the Control Regulation.
3
In paragraph (2)(e), “required information” means the following information as communicated via a satellite-based vessel monitoring system established under Article 3(1) of the Control Regulation —
a
the identification of a fishing boat;
b
its course and speed;
c
its most recent geographical position expressed in degrees and minutes of longitude and latitude; and
d
the date and time of the fixing of that position.
4
Terms used in this article that are also used in the Control Regulation have the meaning they bear in that Regulation.
5
In this article, any reference to the Control Regulation is a reference to that Regulation as amended from time to time.
6
In this article “the Control Regulation” means Council Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy .
Dan Norris
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
20th December 2009
Paul Goggins
Parliamentary Under Secretary of State
Northern Ireland Office
23rd December 2009
Elin Jones
Minister for Rural Affairs, one of the Welsh Ministers
18th December 2009