text:
Title application and commencement
1
These Regulations may be cited as the Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (England) Regulations 2009, apply in relation to England only and come into force on 1 January 2010.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“the Commission Regulation” means Commission Regulation (EC) No. 953/2009 on substances that may be added for specific nutritional purposes in foods for particular nutritional uses;
“food authority” has the meaning that it bears by virtue of section 5(1) of the Act, except that it does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and Middle Temple); and
“specified provision” means any provision of the Commission Regulation that is specified in Column 1 of the Schedule and whose subject-matter is described in Column 2 of the Schedule.
2
Subject to paragraph (3), any expression other than one defined in paragraph (1) that is used both in these Regulations and in the Act has the meaning it bears in the Act.
3
Any expression used both in these Regulations and in the Commission Regulation has the meaning that it bears in the Commission Regulation.
4
Where any functions under the Act are assigned —
a
by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984 , to a port health authority;
b
by an order under section 6 of the Public Health Act 1936 , to a joint board for a united district; or
c
by an order under paragraph 15(6) of Schedule 8 to the Local Government Act 1985 , to a single authority for a metropolitan county,
any reference in these Regulations to a food authority shall be construed, so far as relating to those functions, as a reference to the authority to whom they are so assigned.
5
In these Regulations any reference to the Annex to the Commission Regulation is a reference to that Annex as amended from time to time.
Offences, penalties and execution and enforcement
3
1
Any person who contravenes any of the specified provisions shall be guilty of an offence.
2
A person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
3
Each food authority shall execute and enforce these Regulations within its area.
Application of various sections of the Food Safety Act 1990
4
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 shall be construed as a reference to these Regulations —
a
section 3 (presumptions that food intended for human consumption);
b
section 20 (offences due to fault of another person);
c
section 21 (defence of due diligence) , as it applies for the purpose of section 14 or 15;
d
section 30(8) (which relates to documentary evidence);
e
section 33(1) (obstruction etc. of officers);
f
section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub-paragraph (e);
g
section 35(1) (punishment of offences) , in so far as it relates to offences under section 33(1) as applied by sub-paragraph (e);
h
section 35(2) and (3) , in so far as it relates to offences under section 33(2) as applied by sub-paragraph (f);
i
section 36 (offences by bodies corporate);
j
section 36A (offences by Scottish partnerships) ; and
k
section 44 (protection of officers acting in good faith).
Amendment to the Tryptophan in Food (England) Regulations 2005
5
1
The Tryptophan in Food (England) Regulations 2005 are amended in accordance with the following paragraphs.
2
In paragraph (1) of regulation 2 (interpretation), for the definition “Directive 2001/15/ EC ” there is substituted the following definition —
“Regulation 953/2009” means Commission Regulation (EC) No. 953/2009 on substances that may be added for specific nutritional purposes in foods for particular nutritional uses;
.
3
In regulation 5 (exceptions from prohibitions), for sub-paragraph (c) of paragraph (2) there is substituted the following sub-paragraph —
c
laevorotatory tryptophan, its sodium, potassium, calcium or magnesium salts or its hydrochloride, added in compliance with Regulation 953/2009 to any food for a particular nutritional use referred to in the Annex to that Regulation;
.
Revocation
6
The Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (England) Regulations 2002 are revoked.
Signed by authority of the Secretary of State for Health
Gillian Merron
Minister of State,
Department of Health
18th November 2009


type: legislation

jurisdiction: UK

text:
Citation and interpretation
1
1
This Order may be cited as the Education and Skills Act 2008 (Commencement No. 2 and Savings) Order 2009.
2
In this Order —
“ the Act ” means the Education and Skills Act 2008;
“academic year” means the period commencing with 1st August and ending with the next 31st July.
Provisions coming into force on 28th February 2009
2
The following provisions of the Act come into force on 28th February 2009 —
section 82 (apprenticeships: functions of Learning and Skills Council for England);
section 85 (co-operation as regards provision of 14-19 education and training);
section 159 (approved external qualifications: England);
section 161(1), (2), (3)(a) and (5) to (9) (functions of Qualifications and Curriculum Authority in England and Northern Ireland).
Provisions coming into force on 7th March 2009 subject to savings
3
1
The following provisions of the Act come into force, subject to paragraphs (2) and (3), on 7th March 2009 —
section 83 (provision of transport etc for persons of sixth form age: duty to consider journey times);
section 84 (exercise of travel functions by local education authorities in England: duty to have regard to religion or belief of persons of sixth form age).
2
Despite the coming into force of section 83, section 509AB of the Education Act 1996 continues to apply without the amendments made by section 83 in relation to any transport policy statement for the academic year 2008-2009.
3
Despite the coming into force of section 84, section 509AD of the Education Act 1996 continues to apply without the amendment made by section 84 in relation to the exercise of travel functions (within the meaning of section 509AD(2)) by local education authorities in relation to the academic year 2008-2009.
Sarah McCarthy-Fry
Parliamentary Under Secretary of State
Department for Children, Schools and Families
26th February 2009


text:
Citation and commencement
1
These Regulations may be cited as the Antarctic (Amendment) Regulations 2009 and shall come into force on 22nd September 2009. The Antarctic Regulations 1995 (“the principal Regulations”), as amended , and these Regulations may be cited together as the Antarctic Regulations 1995 to 2009.
Amendment of Schedule 1 to the principal Regulations
2
The Schedules to the principal Regulations shall be amended as follows:
a
There shall be deleted from Schedule 1 the areas listed as:
i
Antarctic Specially Protected Area No. 124: Cape Crozier, Ross Island, and
ii
Antarctic Specially Protected Area No. 137: Northwest White Island, McMurdo Sound.
b
There shall be added to Schedule 1 the areas listed and described in Schedule 1 to these Regulations.
Chris Bryant
For the Secretary of State
for Foreign and Commonwealth Affairs
23rd August 2009


text:
Citation and commencement
1
These Regulations may be cited as the Health and Safety (Miscellaneous Amendments and Revocations) Regulations 2009 and shall come into force on 6 th April 2009.
Extension outside Great Britain
2
The amendments made by regulation 3(1) and Schedule 1 to —
a
the Control of Explosives Regulations 1991 ,
b
the Manufacture and Storage of Explosives Regulations 2005, and
c
the Control of Noise at Work Regulations 2005 ,
shall apply outside Great Britain to the extent that they affect provisions of those Regulations which apply outside Great Britain by virtue of, respectively, regulation 14 of the Control of Explosives Regulations 1991, regulation 3(1)(b) of the Manufacture and Storage of Explosives Regulations 2005 and regulation 14 of the Control of Noise Regulations 2005.
Amendments and revocations
3
1
The instruments referred to in Schedule 1 are amended in accordance with that Schedule.
2
The instruments referred to in Schedule 2 are revoked.
Signed by authority of the Secretary of State for Work and Pensions
William D.McKenzie.
Parliamentary Under-Secretary of State
Department for Work and Pensions
11th March 2009


text:
Citation and commencement
1
This Order —
a
may be cited as the Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) (Amendment) Order 2009, and
b
comes into force on the day after the day on which it is made.
Amendment
2
In the Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 , after article 23 insert the following article —
Retirement Benefits
23A
Regulation 30 (retirement benefits) of the Local Authorities (Capital Finance and Accounting) (England) Regulations 2003 shall apply in relation to the Board as if the Board were a local authority for the purposes of that regulation.
.
Huw Irranca-Davies
Parliamentary Under-Secretary of State
Department for Environment, Food and Rural Affairs
24th June 2009


text:
Citation, application and commencement
1
These Regulations, which apply to England only, may be cited as the Non-Domestic Rating (Deferred Payments) (England) Regulations 2009 and come into force on 31st July 2009.
Amendment of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989
2
1
The Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Regulations 1989 are amended as follows.
2
After regulation 7A (backdated liability: special provision in relation to 2005 rating lists) insert —
Deferred payments: special provision in relation to financial years beginning on 1st April 2009, 2010 and 2011
7B
Schedules 1B and 1C, which contain special provision in relation to payments under demand notices relating to financial years beginning on 1st April 2009, 1st April 2010 and 1st April 2011, shall have effect.
.
3
After Schedule 1A, insert Schedule 1B set out in Schedule 1 to these Regulations.
4
After Schedule 1B, as inserted by paragraph (3), insert Schedule 1C set out in Schedule 2 to these Regulations.
Amendment of the Non-Domestic Rating (Collection and Enforcement) (Central List) Regulations 1989
3
1
The Non-Domestic Rating (Collection and Enforcement) (Central Lists) Regulations 1989 are amended as follows.
2
After regulation 7 (payments under demand notices: further provision) insert —
Deferred payments: special provision in relation to financial years beginning on the 1st April 2009, 2010 and 2011
7A
Schedule 1A, which contains special provision in relation to payments under demand notices relating to financial years beginning on 1st April 2009, 1st April 2010 and 1st April 2011, shall have effect.
.
3
Renumber the Schedule as Schedule 1, and after that Schedule, insert Schedule 1A set out in Schedule 3 to these Regulations.
Modification of the Council Tax and Non-Domestic Rating (Demand Notices) (England) Regulations 2003
4
The Council Tax and Non-Domestic Rating (Demand Notices) (England) Regulations 2003 shall apply in relation to the financial years beginning on 1st April 2010 and 1st April 2011 as if for the definition of “the relevant year” in paragraph (2) of regulation 1 (citation, commencement and interpretation) there were substituted —
“the relevant year”, in relation to a notice, means the financial year to which the demand for payment made by the notice relates; but where, pursuant to regulation 4 (the requirement for demand notices) of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 (as modified by the Non-Domestic Rating (Deferred Payments) (England) Regulations 2009), the notice relates to more than one chargeable financial year “the relevant year” means the financial year beginning on 1st April 2010 or 1st April 2011 (as the case may be);
.
Modification of the Non-Domestic Rating Contributions (England) Regulations 1992
5
For the financial year beginning on 1st April 2009, regulation 6 (recalculation of provisional amounts) of the Non-Domestic Rating Contributions (England) Regulations 1992 shall have effect as if there were omitted paragraphs (2)(b) and (4).
Signed by authority of the Secretary of State for Communities and Local Government
Rosie Winterton
Minister of State
Department for Communities and Local Government
30th June 2009


text:
PART 1 Introduction
Title, application and commencement
1
These Regulations may be cited as the Wine Regulations 2009; they apply in England and come into force on 30th March 2009.
Interpretation and revocation
2
In these Regulations —
“the Agency” means the Food Standards Agency;
“analysis” includes microbiological assay and any technique for establishing the composition of food;
“authorised officer” means any person (whether or not an officer of an enforcement authority) who is authorised for the purposes of these Regulations by an enforcement authority or, in relation to any particular provision of these Regulations, any person who is authorised by an appropriate enforcement authority for the purposes of that provision;
“the Commissioners” means the Commissioners for Revenue and Customs;
“controlled wine-sector product” means any wine-sector product the movement of which is prohibited under regulation 8;
“enforcement authority” means —
the Commissioners or the Agency;
the Secretary of State;
the local authority;
“examination” means microbiological examination;
“food analyst” and “food examiner” mean, a person who is a food analyst or a food examiner for the purposes of section 30 of the Food Safety Act 1990 ;
“local authority” means an authority (other than the council of a non-metropolitan district) that is a food authority for the purposes of the Food Safety Act 1990;
“manufacturing” means using wine or other wine-sector products, for the purpose of a trade or business (other than a catering business), in the composition, manufacture or preparation of any product;
“quality wine psr” has the meaning assigned to it by Article 54 of Council Regulation ( EC ) No 1493/1999 on the common organisation of the market in wine ;
“Regulation 2392/86” means Council Regulation ( EEC ) No 2392/86 establishing a Community vineyard register ;
“Regulation 2676/90” means Commission Regulation (EEC) No 2676/90 determining Community methods for the analysis of wines ;
“Regulation 1601/91” means Council Regulation (EEC) No 1601/91 laying down general rules on the definition, description and presentation of aromatized wines, aromatized wine- based drinks and aromatized wine-product cocktails
“Regulation 1493/99” means Council Regulation (EC) No 1493/99 on the common organisation of the market in wine;
“Regulation 1607/2000” means Commission Regulation (EC) No. 1607/2000 laying down detailed rules for implementing Regulations (EC) No. 1493/1999 on the common organisation of the market in wine, in particular the Title relating to quality wine produced in specified regions ;
“Regulation 884/2001” means Commission Regulation (EC) No 884/2001 laying down detailed rules of application concerning the documents accompanying the carriage of wine products and the records to be kept in the wine sector ;
“Regulation 1282/2001” means Commission Regulation (EC) No 1282/2001 laying down detailed rules for the application of Council Regulation (EC) No 1493/1999 as regards the gathering of information to identify wine products and to monitor the wine market ;
“Regulation 753/2002” means Commission Regulation (EC) No 753/2002 laying down certain rules for applying Council Regulation (EC) No 1493/1999 as regards the description, designation, presentation and protection of certain wine-sector products ;
“Regulation 423/2008” means Commission Regulation (EC) No 423/2008 on laying down certain detailed rules for implementing Council Regulation (EC) No. 1493/1999 and establishing a Community code of oenological practices and processes ;
“Regulation 479/2008” means Council Regulation (EC) No 479/2008 on the common organisation of the market in wine ;
“relevant Community provision” means any Community provision referred to in column 1 of Schedule 1, the subject matter of which is described in column 2 of that Schedule;
“retail sale” means any sale to a person buying otherwise than for the purpose of resale but does not include a sale to a caterer in the course of a catering business or to a manufacturer in the course of a manufacturing business;
“wine-sector product” for the purposes of these Regulations, includes any aromatized wine.
PART 2 General Provisions
Official functions and enforcement
3
1
The local authority must enforce these Regulations in so far as they relate to retail sale.
2
The Secretary of State, the Commissioners and the Agency must enforce these Regulations in so far as they relate to import and export.
3
Otherwise the Agency or the Secretary of State must enforce these Regulations.
4
Nothing in this regulation authorises the Commissioners to institute proceedings for an offence.
5
The Secretary of State is the competent authority for the Council and Commission Regulations enforced by these Regulations.
Offences in Schedule 1
4
Any person who breaches any provision set out in Schedule 1 is guilty of an offence.
Table wines with a geographical indication and quality wines psr
5
Schedule 2 makes provision for table wines with a geographical indication, and Schedule 3 makes provision for quality wines psr.
Accreditation as an organiser of an organoleptic assessment panel
6
1
Any application for accreditation as an organiser of an organoleptic assessment panel must be made to the Secretary of State and must specify —
a
the criteria the applicant will use in selecting panel members;
b
the method of organoleptic assessment that the panel will use to determine whether wine submitted to it is of a satisfactory standard for regional wine; and
c
the basis on which that determination will be made.
2
The Secretary of State must grant accreditation on being satisfied that —
a
the applicant is a fit and proper person to appoint such a panel;
b
the criteria that the applicant will use in selecting panel members will result in persons with a wide variety of interests in wine and the wine industry (which may include consumers of wine) being selected as members of the panel;
c
the method of organoleptic assessment is satisfactory; and
d
the basis on which a determination will be made by a panel as to whether the wine is of a satisfactory organoleptic standard for a regional wine is a satisfactory basis for making such a determination.
3
The Secretary of State must notify the applicant within fourteen days of reaching the decision to accept or refuse the application.
4
Where the application is refused, the notification must include the reason.
5
The accreditation may be time-limited.
6
An accredited organiser must select panel members in accordance with the criteria specified in the application and must require any panel to use the methods specified in the application.
7
The Secretary of State may cancel the accreditation of an organiser of an organoleptic assessment panel if that person ceases to be a fit and proper person to organise a panel or has failed to comply with the requirements of paragraph (6).
8
When an accreditation is cancelled the Secretary of State must serve on the organiser concerned notice of —
a
the decision;
b
the reason for the decision; and
c
the date when the cancellation takes effect.
9
An accredited organiser may resign at any time.
10
If an accreditation is cancelled, or an accredited organiser resigns, the panel appointed by that person is dissolved from the date of cancellation or resignation.
Powers of authorised officers
7
1
An authorised officer may, on producing a duly authenticated authorisation if required, at any reasonable time enter any land or vehicle (other than any land or a vehicle used solely as a dwelling), for the purpose of enforcing these Regulations or ascertaining whether there has been a breach of any relevant Community provision.
2
An authorised officer who has entered any land or vehicle may —
a
inspect any materials or articles;
b
have access to, and inspect and copy any documents or records (in whatever form they are held), and remove them to enable them to be copied;
c
have access to, inspect and check the operation of any computer and any associated apparatus used in connection with the records; and may require any person to afford such assistance as may reasonably be required, and may require any computer records to be produced in a form in which they may be taken away;
d
seize and retain anything required as evidence in proceedings under these Regulations;
e
undertake an inventory of wine-sector products and of anything which may be used in the preparation of products; and
f
purchase or take samples of any wine-sector product and of anything which may be used in its preparation.
3
An authorised officer who has procured a sample of any wine-sector product may analyse or examine that sample or have that sample analysed or examined.
4
An authorised officer entering any land or vehicle by virtue of this regulation may be accompanied by such other person as is considered necessary or by a representative of the European Commission.
Control on movement
8
1
An authorised officer of the Agency who inspects any wine-sector product may prohibit its being moved if there is reason to believe —
a
there has been or may have been a breach of these Regulations in relation to that product; or
b
there is or may be a risk to public health in relation to that product.
2
An officer who does so must, without delay, give to the person who appears to be in charge of the wine-sector product concerned notice in writing —
a
specifying the product concerned;
b
stating that the product may not be moved without the written consent of an authorised officer;
c
specifying the provision that has been or may have been breached; and
d
specifying whether it would be practicable for steps to be taken to demonstrate to the officer that there is no longer any reason for that belief and, if so, what those steps should be.
3
Where such a notice is given that notice must also contain information of the recipient’s right, conferred by regulation 10, to have the giving of that notice reviewed, and as to how that right may be exercised, and of the effect of exercising that right.
4
If the person to whom the officer gives the notice does not appear to the officer to be the owner of the wine-sector product concerned or an agent, contractor or employee of the owner, the officer must use best endeavours to bring the contents of the notice to the attention of such a person as soon as possible.
5
An authorised officer of the Agency may affix to any wine-sector product in relation to which the power conferred by paragraph (1) has been exercised, or to any container in which the wine-sector product is packed, labels warning of the exercise of the power.
6
An authorised officer of the Agency who is satisfied that the steps specified in the notice under paragraph (2)(d) have been taken must immediately remove the prohibition on movement.
Consent to movement
9
1
An authorised officer of the Agency may, at any time, give written consent to the movement of a controlled wine-sector product.
2
An authorised officer of the Agency must, upon request, give written consent to the movement of a controlled wine-sector product if that officer, or another authorised officer of the Agency, has been given a written undertaking to the effect that the wine-sector product —
a
will be moved to a place approved by an authorised officer of the Agency; and
b
will not be moved from that place without the written consent of an authorised officer of the Agency.
3
A consent given under this regulation must —
a
specify the wine-sector product to which it relates; and
b
state that the wine-sector product continues to be controlled.
4
An officer who has been requested to give a consent under this regulation, and who refuses to do so, must communicate that refusal in writing together with written notice of the right, conferred by regulation 10, to have that refusal reviewed, and an explanation as to how that right may be exercised and the effect of exercising that right.
Review of prohibitions etc on movement of wine-sector products
10
1
This regulation applies where an authorised officer of the Agency —
a
has given a notice under regulation 8 (2); or
b
has refused to give consent to the movement of a controlled wine-sector product under regulation 9 (4).
2
A person to whom a notice has been given under regulation 8 , or who has been refused consent under regulation 9 , may request a review of the notice or the refusal.
3
A request made by a person under paragraph (2) must be made to the Agency within 6 months of the receipt of the regulation 8 notice or regulation 9 refusal.
4
Where a request is made under paragraph (2) within the period specified in paragraph (3) —
a
the Agency must nominate a person from the list established under this regulation to determine whether the regulation 8 notice or regulation 9 refusal should stand;
b
the person nominated must give the person and the Agency an opportunity to make representations on the matter; and
c
the person nominated must, within 1 month of being nominated, decide whether the regulation 8 notice or regulation 9 refusal should stand and must notify the applicant and the Agency of the decision.
5
The Agency must establish and maintain a list of people who may be nominated for the purposes of conducting a review under this regulation and must consult those organisations appearing to it to represent the wine industry before including any person on the list.
Power to require analysis or examination
11
1
The court before which any proceedings are brought for an offence under these Regulations may, if it thinks fit for the purposes of the proceedings, cause anything that is the subject of the proceedings, and, if it has already been analysed or examined, is capable of being further analysed or examined, to be sent to a food analyst or food examiner, who must make such analysis or examination as is appropriate and send to the court a certificate of the result, and the costs of the analysis or examination must be paid by the prosecutor or the person charged as the court may order.
2
If in a case in which an appeal is brought no action has been taken under paragraph (1) as respects a particular article, the provisions of that paragraph apply as respects that article in relation to the court by which the appeal is heard.
3
Any certificate of the results of an analysis or examination, which, in the course of proceedings is sent by a food analyst or food examiner under this regulation, must be signed by that food analyst or food examiner, but the analysis or examination may be made by any person acting under the direction of the person by whom the certificate is signed.
4
In any proceedings under these Regulations, the sending to the court under this regulation or production by one of the parties —
a
of a document purporting to be a certificate given by a food analyst or food examiner, or
b
of a document supplied by the other party as being a copy of such a certificate,
is sufficient evidence of the facts stated in it unless any party to the proceedings requires that the person by whom the certificate is signed be called as a witness.
Movement of a controlled wine-sector product
12
1
Any person who, knowing a wine-sector product to be a controlled wine-sector product —
a
moves it, or
b
causes it to be moved,
without the written consent of an authorised officer is guilty of an offence.
2
Any person who, knowing a wine-sector product to be a controlled wine-sector product —
a
removes from it, or
b
causes to be removed from it,
a label which has been affixed under regulation 8(5) is guilty of an offence.
3
Any person who fails to comply with an undertaking given for the purposes of regulation 9 (2) is guilty of an offence.
Obstruction
13
Any person who —
a
intentionally obstructs an authorised officer acting in the execution of these Regulations, or
b
fails to give to any such officer any assistance or information or to provide any facilities which that officer may reasonably require,
is guilty of an offence.
Offences and penalties
14
1
Any person guilty of obstruction under regulation 13 is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
Any person guilty of an offence under a provision in Part 3 or 5 of Schedule 1 is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
3
Any person guilty of any other offence under these Regulations is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to a fine.
Offences by officers of bodies corporate
15
1
Where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or a similar officer of the body corporate, or any person who was purporting to act in any such capacity, that person as well as the body corporate is guilty of that offence and is liable to be proceeded against and punished accordingly.
2
For the purposes of this regulation, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Defence of due diligence
16
In any proceedings for an offence under these Regulations it is a defence for the person charged to prove that that person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence, either by that person or by someone under that person’s direction or control.
Revocations
17
The following are revoked in England —
a
the Common Agricultural Policy (Wine) (England and Northern Ireland) Regulations 2001 ;
b
the Common Agricultural Policy (Wine) (England and Northern Ireland) (Amendment) Regulations 2003 ;
c
the Common Agricultural Policy (Wine) (England and Northern Ireland) (Amendment) Regulations 2004 ;
d
the Common Agricultural Policy (Wine) (England and Northern Ireland) (Amendment) Regulations 2005 ;
e
the Common Agricultural Policy (Wine) (England and Northern Ireland) (Amendment) Regulations 2006 ;
f
the Common Agricultural Policy (Wine) (England and Northern Ireland) (Amendment) Regulations 2007 .
Jane Kennedy
Minister of State
Department for Environment, Food and Rural Affairs
25th February 2009


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. 5) 2009 and shall come into force on 30th June 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 30th June 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 30th June 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 X-CLEAR who as such is permitted by the Rules of X-CLEAR 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;
“X-CLEAR” means SIX X-CLEAR AG, a company which is a recognised clearing house under the Financial Services and Markets Act 2000 ;
“the Facility” means the Liquidnet H2O multilateral trading facility, operated by Liquidnet 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 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 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
Liquidnet H2O Multilateral Trading Facility (“the Facility”) is prescribed as a recognised investment exchange; and
b
SIX X-CLEAR AG 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 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 to a clearing participant or a nominee of a clearing participant,
c
a clearing participant or a nominee of a clearing participant to X-CLEAR or to a nominee of that clearing house,
d
a person other than a clearing participant to X-CLEAR 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 X-CLEAR or to a nominee of that clearing house, or
e
X-CLEAR 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) (“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
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 X-CLEAR 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 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 party to the agreement in a separate designated account, and not otherwise.
2
In paragraph (1) “designated account” means an account designated by X-CLEAR for a clearing participant in connection with the traded securities concerned.
Tony Cunningham
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
1st June 2009


text:
Title, application, commencement and interpretation
1
1
These Regulations —
a
may be cited as the Joint Waste Authorities (Proposals) Regulations 2009;
b
apply in England; and
c
come into force on 18th February 2009.
2
In these Regulations, “ the Act ” means the Local Government and Public Involvement in Health Act 2007.
Proposal for a joint waste authority
2
A proposal under section 205 of the Act must —
a
include proposals as to the matters set out in Schedule 1; and
b
be accompanied by the information set out in Schedule 2.
Jane Kennedy
Minister of State
Department for Environment, Food and Rural Affairs
22nd January 2009


text:
Citation, commencement and effect
1
1
This Order may be cited as the Alternative Finance Arrangements (Amendment) Order 2009.
2
This Order shall come into force on 15th October 2009.
3
This Order shall have effect in relation to arrangements entered into on or after 15th October 2009.
Amendment of section 46(2) of the Finance Act 2005
2
1
Chapter 5 of Part 2 of the Finance Act 2005 is amended as follows.
2
In section 46(2) (alternative finance arrangements) —
a
in paragraph (da) for “or 47A” substitute “, 47A or 49A”,
b
omit “or” at the end of that paragraph, and
c
after paragraph (e) insert —
f
an insurance company as defined in section 431(2) of ICTA , or
g
a person who is authorised in a jurisdiction outside the United Kingdom to carry on a business which consists of effecting or carrying out contracts of insurance or substantially similar business but not an insurance special purpose vehicle as defined in section 431(2) of ICTA.
.
3
In section 49A(1) (alternative finance arrangements: profit share agency) for paragraph (a) substitute —
a
a person (“the principal”) appoints an agent,
ab
one or both of the principal and agent is a financial institution,
.
Amendment of Chapter 6 of Part 6 of the Corporation Tax Act 2009
3
1
Chapter 6 of Part 6 of the Corporation Tax Act 2009 is amended as follows.
2
In section 502(1) (meaning of “financial institution”) —
a
in paragraph (e) for “or diminishing shared ownership arrangements” substitute “, diminishing shared ownership arrangements or profit share agency arrangements”,
b
omit “or” at the end of that paragraph, and
c
after paragraph (f) insert —
g
an insurance company, as defined by section 431(2) of ICTA, or
h
a person who is authorised in a jurisdiction outside the United Kingdom to carry on a business which consists of effecting or carrying out contracts of insurance or substantially similar business but not an insurance special purpose vehicle as defined in section 431(2) of ICTA.
.
3
In section 506(1) (profit share agency arrangements) for paragraph (a) substitute —
a
a person (“the principal”) appoints an agent,
ab
one or both of the principal and agent is a financial institution,
.
Bob Blizzard
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd September 2009


text:
Citation and commencement
1
This Order may be cited as the Unit Trusts (Electronic Communications) Order 2009 and comes into force on the day after the day on which it is made.
Interpretation
2
In this Order —
“the 2001 instrument ” means the General Provisions and Glossary Instrument 2001 (2001/7) made by the Authority under the Act on 21st June 2001;
“the Act” means the Financial Services and Markets Act 2000 ;
“authorised unit trust scheme” has the meaning given in section 237(3) of the Act;
“the Authority” means the Financial Services Authority;
“manager” has the meaning given in that part of its definition in the Glossary contained in the 2001 instrument which relates to an authorised unit trust scheme;
“register” has the meaning given in that part of its definition in the Glossary contained in the 2001 instrument which relates to unitholders of an authorised unit trust scheme;
“trust deed” has the meaning given in that part of its definition in the Glossary contained in the 2001 instrument which relates to an authorised unit trust scheme;
“trustee” has the meaning given in section 237(2) of the Act;
“unit” has the meaning given in that part of its definition in the Glossary contained in the 2001 instrument which relates to an authorised unit trust scheme; and
“unitholder” has the meaning given in that part of its definition in the Glossary contained in the 2001 instrument .
Dispositions of units in authorised unit trust schemes by electronic communication
3
1
This article extends to England and Wales only.
2
Subject to paragraph (4), section 53(1)(c) of the Law of Property Act 1925 (which imposes requirements for certain dispositions to be in writing) shall not apply (if it would otherwise do so) to any disposition of units in an authorised unit trust scheme where —
a
the disposition is by means of electronic communication;
b
the electronic communication is made by the person disposing of the units or by his agent authorised in writing or by will; and
c
such evidence (if any) as the trustee or manager of the scheme, being the person responsible for the register of unitholders in accordance with the trust deed, may require to prove the right of the person referred to in sub-paragraph (b) to dispose of the units is provided to the trustee or manager.
3
The trustee or manager mentioned in paragraph (2)(c) may refuse to register a transfer of units by means of electronic communication.
4
This article shall be of no effect in a particular case if the trustee or manager mentioned in paragraph (2)(c) refuses to register the transfer of units which would, apart from paragraph (3), be made by the disposition in that case.
Gratuitous unilateral obligations relating to units in authorised unit trust schemes
4
1
This article extends to Scotland only.
2
Subject to paragraph (5), section 1(2)(a)(ii) of the Requirements of Writing (Scotland) Act 1995 (which requires certain gratuitous unilateral obligations to be in writing) shall not apply (if it would otherwise do so) to any gratuitous unilateral obligation relating to units in an authorised unit trust scheme where —
a
the obligation is created by means of electronic communication;
b
the electronic communication is made by the debtor in the obligation; and
c
such evidence (if any) as the trustee or manager of the scheme, being the person responsible for the register of unitholders in accordance with the trust deed, may require to prove the right of the person referred to in sub-paragraph (b) to create the obligation is provided to the trustee or manager.
3
Where section 1(2)(a)(ii) of that Act does not apply by virtue of paragraph (2), the obligation shall not be considered an obligation mentioned in subsection (2)(a) of that section for the purposes of subsection (3).
4
The trustee or manager mentioned in paragraph (2)(c) may refuse to register a transfer of units by means of electronic communication.
5
This article shall be of no effect in a particular case if the trustee or manager mentioned in paragraph (2)(c) refuses to register the transfer of units which would, apart from paragraph (4), be made by the creation of the obligation in that case.
Grants or assignments of any trust or confidence
5
1
This article extends to Northern Ireland only.
2
Subject to paragraph (4), section 6 of the Statute of Frauds (Ireland) 1695 (which requires all grants and assignments of any trust or confidence to be in writing) shall not apply (if it would otherwise do so) to any grant or assignment of units in an authorised unit trust scheme where —
a
the grant or assignment is by means of electronic communication;
b
the electronic communication is made by the person granting or assigning the units; and
c
such evidence (if any) as the trustee or manager of the scheme, being the person responsible for the register of unitholders in accordance with the trust deed, may require to prove the right of the person referred to in sub-paragraph (b) to grant or assign the units is provided to the trustee or manager.
3
The trustee or manager mentioned in paragraph (2)(c) may refuse to register a transfer of units by means of electronic communication.
4
This article shall be of no effect in a particular case if the trustee or manager mentioned in paragraph (2)(c) refuses to register the transfer of units which would, apart from paragraph (3), be made by the grant or assignment in that case.
Bob Blizzard
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
5th March 2009


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Care Quality Commission (Additional Functions) Regulations 2009 and shall come into force on 1st April 2009.
2
In these Regulations —
“the 2000 Directions ” means the Safety and Security in Ashworth, Broadmoor and Rampton Hospitals Directions 2000 ;
“ High Secure Hospital ” means Ashworth Hospital, Broadmoor Hospital or Rampton Hospital.
Review of decision to withhold an item brought to a High Secure Hospital for a patient
2
1
The Care Quality Commission shall review a decision made under paragraph 19 of the 2000 Directions (items brought to hospital premises for patients) to withhold an item if an application to review that decision is made by the intended recipient of the item within six months of that person receiving the information set out in paragraph 19(b) of those Directions.
2
On an application under paragraph (1) the Care Quality Commission may direct that the item which is the subject of the application shall not be withheld.
Review of decision to withhold internal post in High Secure Hospitals
3
1
The Care Quality Commission shall review a decision made under paragraph 23 of the 2000 Directions (internal patient-to-patient post) to withhold internal post or an item included in such post if an application to review that decision is made by the sender or the intended recipient of the post or item within six months of that person receiving the information set out in paragraph 23(2)(b) of those Directions.
2
On an application under paragraph (1) the Care Quality Commission may direct that the post or item which is the subject of the application shall not be withheld.
Review of decisions to record and monitor telephone calls in High Secure Hospitals
4
1
The Care Quality Commission shall review a decision made under paragraph 29(1) of the 2000 Directions (monitoring telephone calls) to record and monitor a patient’s telephone calls if an application to review that decision is made by the patient within six months of that person receiving the information set out in paragraph 29(2)(b) of those Directions.
2
On an application under paragraph (1) the Care Quality Commission may direct that the recording and monitoring of the patient’s telephone calls shall cease.
Transitional provision
5
1
An application to the Mental Health Act Commission under paragraph 19(c) of the 2000 Directions made before 1st April 2009 but not finally determined by that date, shall be treated, on and after 1st April 2009, as an application made to the Care Quality Commission under regulation 2(1) of these Regulations.
2
An application to the Mental Health Act Commission under paragraph 23(2)(c) of the 2000 Directions made before 1st April 2009 but not finally determined by that date, shall be treated, on and after 1st April 2009, as an application made to the Care Quality Commission under regulation 3(1) of these Regulations.
3
An application to the Mental Health Act Commission under paragraph 29(2)(c) of the 2000 Directions made before 1st April 2009 but not finally determined by that date, shall be treated, on and after 1st April 2009, as an application made to the Care Quality Commission under regulation 4(1) of these Regulations.
Signed by authority of the Secretary of State for Health.
Phil Hope
Minister of State,
Department of Health
24th February 2009


text:
Citation and commencement
1
These Regulations may be cited as the European Parliament (Pay and Pensions) Regulations 2009 and come into force on 14th July 2009.
Amendment of the European Parliament (Pay and Pensions) Act 1979
2
1
The European Parliament (Pay and Pensions) Act 1979 is amended as follows.
2
In section 1 (salaries of Representatives), after subsection (5) insert —
6
This section does not apply on or after 14 July 2009, except in relation to a Representative who is an opted-out Representative.
7
An “opted-out Representative” is a Representative who exercises the option conferred by Article 25 of the Statute for Members of the European Parliament (European Parliament Decision 2005/684/ EC , Euratom) (existing Representatives may opt out of new arrangements for remuneration from 14 July 2009).
.
3
Omit section 2 (allowances).
4
In section 3 (resettlement grants to persons ceasing to be Representatives), after subsection (4) insert —
5
This section does not apply after 14 July 2009, except in relation to a Representative who is an opted-out Representative.
.
5
In section 3A(1) (power to amend section 3), before the words “ceasing to be Representatives”, insert “to whom it applies or applied”, wherever they appear.
6
In section 4 (pensions), after subsection (3) insert —
3A
An order under this section shall not make provision for any period of service as a Representative on or after 14 July 2009 to be taken into account for pension purposes, except in relation to a Representative who is an opted-out Representative.
.
7
Omit section 7(3)(a) (expenses relating to section 2).
8
In section 8(1) (interpretation) insert in the relevant place —
“opted-out Representative” has the meaning given by section 1(7);
.
9
In section 8(2) (orders) omit the words “, unless made under section 2,”.
Harriet Harman
Lord Privy Seal
Cabinet Office
12 June 2009


text:
Citation and commencement
1
This Order may be cited as The Traffic Management (London Borough of Brent) Permit Scheme Order 2009 and is to come into effect on 11th January 2010.
Interpretation
2
In this Order —
“the London Borough of Brent Permit Scheme” means the permit scheme set out in the Schedule to this Order in terms commonly known as the “London Permit Scheme” which was prepared and submitted to the Secretary of State by the London Borough of Brent and has been approved by the Secretary of State; and
“specified streets” has the meaning given by regulation 8 of the Traffic Management Permit Scheme (England) Regulations 2007 .
Commencement of Permit Scheme
3
The London Borough of Brent Permit Scheme comes into effect on 11th January 2010.
Application of Part 8 of The Traffic Management Permit Scheme (England) Regulations 2007
4
Part 8 of the Traffic Management Permit Scheme (England) Regulations 2007 shall apply to the specified streets within the London Borough of Brent Permit Scheme.
Signed by authority of the Secretary of State for Transport
C.D.Mole
Parliamentary Under Secretary of State
Department for Transport
30th November 2009


text:
Citation and commencement
1
This Order may be cited as the European Parliamentary Elections (Welsh Forms) Order 2009 and shall come into force seven days after the day on which it is laid before Parliament.
Interpretation
2
1
In this Order “the 2004 Regulations ” means the European Parliamentary Elections Regulations 2004 .
2
In this Order a reference to a numbered rule is a reference to the rule of that number contained in the European Parliamentary elections rules in Schedule 1 to the 2004 Regulations and a reference to a numbered Schedule is to the Schedule bearing that number in the 2004 Regulations.
Revocation
3
The European Parliamentary Elections (Welsh Forms) Order 2004 is revoked.
Welsh versions of forms of words
4
1
The following forms of words, namely “Etholiad Senedd Ewrop”, “RHANBARTH ETHOLIADOL CYMRU” and “Pleidleisiwch Unwaith (X) mewn un blwch gwag” are prescribed as the forms of words in Welsh for the words “Election for the European Parliament”, “ELECTORAL REGION OF WALES” and “Vote once (X) in one blank box”, respectively, which are specified in Form A which is prescribed by rule 22(2) for use at European Parliamentary elections.
2
The forms of words in Welsh prescribed by paragraph (1) must be printed so that they appear to the right or left of the corresponding words in English on every ballot paper at a European Parliamentary election in Wales.
3
“Annibynnol” is prescribed as the form of words in Welsh for the word “Independent” which is prescribed for use as the description of an individual candidate in a nomination paper by rule 4(4)(b).
4
The form of words prescribed by paragraph (3) may be used as well as or in place of the equivalent word in English at a European Parliamentary election in Wales.
Welsh version of prescribed forms or forms of words
5
1
Each of the forms or forms of words set out in Schedule 1 to this Order is prescribed as the Welsh version which may be used at a European Parliamentary election in Wales in place of the forms or forms of words prescribed by the provisions of the 2004 Regulations set out in paragraph (2).
2
The provisions referred to in paragraph (1) are —
a
in the case of form 1, rule 36(4);
b
in the case of form 2, rule 39(1);
c
in the case of form 3, rule 43(7); and
d
in the case of form 4, paragraph 29 of Part 1 of Schedule 3 .
Welsh and English versions of prescribed forms
6
1
Each of the forms set out in Schedule 2 to this Order is prescribed as the version partly in Welsh and partly in English which must be used at a European Parliamentary election in Wales, in place of —
a
in the case of form 1, the form of the back of the ballot paper prescribed by rule 22(2);
b
in the case of form 2, the form prescribed by rule 23(2);
c
in the case of form 3, the form prescribed by rule 23(3);
d
in the case of form 4, the form prescribed by rule 23(4);
e
in the case of form 5, the form prescribed by rule 23(5);
f
in the case of form 6, the form prescribed by rule 31(3);
g
in the case of form 7, the form prescribed by rule 31(4);
h
in the case of form 8, the form prescribed by rule 31(5);
i
in the case of form 9, the form prescribed by rule 31(6);
j
in the case of form 10, the notice prescribed by rule 32(6);
k
in the case of form 11, the notice prescribed by rule 32(7);
l
in the case of form 12, the form prescribed by paragraph 6(8) of Schedule 2 ;
m
in the case of form 13, the form prescribed by paragraph 42(a) of Schedule 2;
n
in the case of form 14, the form prescribed by paragraph 42(b) of Schedule 2;
o
in the case of form 15, the form prescribed by paragraph 42(c) of Schedule 2;
p
in the case of form 16, the form prescribed by paragraph 70(5) of Schedule 2;
q
in the case of form 17, the notice prescribed by paragraph 8 of Part 1 of Schedule 3;
r
in the case of form 18, the notice prescribed by paragraph 28 of Part 1 of Schedule 3; and
s
in the case of form 19, the form prescribed by regulation 52(3) of the 2004 Regulations.
2
In the case of forms 6 to 9, 12 and 13 to 15 forms substantially to the like effect may be used with such variations as the circumstances may require.
Signed by authority of the Secretary of State
Michael Wills
Minister of State
Ministry of Justice
24th March 2009


text:
Citation
1
This Order may be cited as the Domestic Violence, Crime and Victims Act 2004 (Commencement No. 12) Order 2009.
Commencement
2
The following provisions of the Domestic Violence, Crime and Victims Act 2004 shall come into force on 30th September 2009 to the extent not already in force —
a
section 58 (amendments and repeals) so far as it relates to the provisions specified in paragraphs (c) and (d);
b
section 59 (transitional and transitory provisions) so far as it relates to the provisions specified in paragraph (e);
c
in Schedule 10 (minor and consequential amendments) paragraph 48;
d
in Schedule 11 (repeals) the entry relating to the Crime and Disorder Act 1998 ; and
e
in Schedule 12 (transitional and transitory provisions) paragraphs 5 and 6.
West of Spithead
Parliamentary Under-Secretary of State
Home Office
29th September 2009


text:
Citation and commencement
1
This Order may be cited as the Inspectors of Education, Children’s Services and Skills (No. 4) Order 2009 and comes into force on 18th November 2009.
Appointment of Her Majesty’s Inspectors of Education, Children’s Services and Skills
2
The persons named in the Schedule to this Order are appointed Her Majesty’s Inspectors of Education, Children’s Services and Skills.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These byelaws may be cited as the Woodbury Common Range Byelaws 2009 and shall come into force on 31st March 2010.
Interpretation
2
In these byelaws:
“aircraft” includes any craft or device which is for the time being airborne;
“Appointed Person” means the Crown servant who has been appointed by the Secretary of State to be responsible for the Protected Area and the Controlled Area;
“Controlled Area” means the area of land that is coloured blue on the map annexed to these byelaws;
“firearm” has the same meaning as in the Firearms Act 1968 ;
“lawful user” means any constable, Crown servant, member of a visiting force or headquarters, or any person in possession of a written permission from the Appointed Person;
“offensive weapon” means any article made or adapted for use for:
causing injury to, or incapacitating a person, or
causing injury to, or incapacitating or trapping an animal or bird, and
the person having it with him intends for such use, or for threatening such use;
“Protected Area” means the area of land that is coloured pink on the map annexed to these byelaws;
“service authorities” means naval, military or air force authorities;
“visiting force” means any body, contingent, or detachment of the forces of a country for the time being present in the United Kingdom on the invitation of Her Majesty’s Government and any member of the civilian component of that force as defined in the Visiting Forces Act 1952 .
Application of Byelaws
3
These Byelaws apply to the Protected Area and the Controlled Area.
Prohibited Activities – Protected Area
4
No person shall:
a
enter or leave the Protected Area except by way of an official entrance or exit;
b
remain in the Protected Area after having been directed to leave by a constable or person described in byelaw 10;
c
obstruct a lawful user acting in the proper exercise of his duty within the Protected Area;
d
cause or permit any vehicle, craft, aircraft, animal or thing to enter into the Protected Area;
e
take any photograph of any person or thing whilst within the Protected Area;
f
make any false statement, either orally or in writing, or employ any other form of misrepresentation in order to obtain entry to any part of the Protected Area;
g
board or interfere with the movement of any vehicle within the Protected Area;
h
interfere with, or obstruct the use of, any property within the Protected Area which is under the control of the Crown or the service authorities of a visiting force or in either case its agents or contractors;
i
remove any property which is under the control of the Crown or the service authorities of a visiting force or in either case its agents or contractors; or
j
deface any sign, wall, fence, structure or other surface within the Protected Area.
Use of the Controlled Area by the Public
5
1
Subject to the provisions of these byelaws, members of the public are permitted to use all parts of the Controlled Area not specifically enclosed or entry to which is not shown by signs or fences as being prohibited or restricted, for any lawful purpose at all times when the Controlled Area is not being used for the military purpose for which it has been appropriated.
2
When the Controlled Area is being used for military purposes, it will be closed to the public and any entry to it is prohibited.
3
When the Controlled Area is being used for military purposes, use of the section of public highway marked in green on the map annexed to these byelaws is prohibited.
4
When the Controlled Area is being used for military purposes, notice of the fact shall be given by the raising of a red flag at the locations described by their Ordnance Survey National Grid reference in Schedule 1 to these byelaws.
Prohibited Activities – Controlled Area
6
No person shall within the Controlled Area:
a
obstruct a lawful user or any other person acting in the proper exercise of their duty;
b
enter any part which is enclosed or entry to which is shown by a sign as being prohibited or restricted;
c
carry any firearm or offensive weapon;
d
interfere with, or obstruct the use of, any property which is under the control of the Crown, or the service authorities of a visiting force or in either case its agents or contractors;
e
remove any property which is under the control of the Crown, or the service authorities of a visiting force or in either case its agents or contractors;
f
camp in tents, caravans, trees or otherwise;
g
cause any nuisance, or behave in an indecent or obscene manner;
h
deposit any refuse, rubble, waste or litter or abandon any vehicle or vehicle part or other article;
i
act in any way likely to cause annoyance, nuisance or injury to other persons;
j
light any fire or do anything likely to cause an outbreak of fire;
k
fail to keep under control any dog or other animal;
l
fail to keep any dog on a short lead during the period beginning with 1 st March and ending with 31 st July in each year;
m
fail to remove all waste created by any dog or other animal under their control;
n
deface any sign, wall, fence, structure or other surface;
o
engage in any trade or business of any description or ride, drive, conduct or cause to be ridden, driven or conducted, use or employ any animal or vehicle of any kind or use any audible means either wholly or mainly for the purpose of trade or advertisement;
p
damage, cut or remove any crops, turfs, plants, roots or trees;
q
graze any animal;
r
kill or trap any birds or animals, or take or destroy their eggs; or
s
dig or search for any item, or interfere with or take any item found within the Controlled Area.
Contravention of Byelaws
7
Any person who contravenes byelaws 4, 5 or 6 shall commit an offence under section 17(2) of the Military Lands Act 1892.
Exemptions
8
These byelaws shall not apply to anything done by:
a
a lawful user in connection with the discharge of his functions; or
b
a person acting under and in accordance with any permission given in writing by the Appointed Person.
Enforcement
9
In order to:
a
prevent the breach of any provision of byelaws 4, 5 or 6; or
b
prevent any nuisance, disorder, obstruction or damage to the land or any property within the Protected Area and the Controlled Area;
a constable or person described in byelaw 10 may direct any person to leave, or to remove any vehicle, aircraft, animal, or thing from the Protected Area and the Controlled Area and any person to whom such a direction is made shall comply with it as soon as practicable.
10
The following persons are authorised to remove from the Protected Area and the Controlled Area and to take into custody without warrant any person committing an offence against these byelaws and to remove any vehicle, aircraft, animal or thing in contravention of these byelaws from the said areas:
a
The Appointed Person;
b
Any officer, warrant officer, or non – commissioned officer in uniform and acting under the instructions of the Appointed Person; and
c
Any other Crown servant authorised in writing by the Appointed Person.
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
10th December 2009


text:
1
This Order may be cited as the Counter-Terrorism Act 2008 (Commencement No. 3) Order 2009.
2
The following provisions of the Counter-Terrorism Act 2008 shall come into force on 18th June 2009 —
a
section 28 (jurisdiction to try offences committed in the UK );
b
sections 30 to 33 (sentencing), together with Schedule 2 (offences where terrorist connection to be considered);
c
sections 34 to 39 (forfeiture), together with Schedule 3 (forfeiture: consequential amendments);
d
section 99 in so far as it relates to the entries in Schedule 9 mentioned in sub-paragraph (e); and
e
the entries in Part 3 (forfeiture) of Schedule 9 (repeals and revocations).
Vernon Coaker
Minister of State
Home Office
19th May 2009


text:
Citation and interpretation
1
1
This Order may be cited as the Education and Skills Act 2008 (Commencement No. 4, Commencement No. 3 (Amendment), Transitory and Saving Provisions) Order 2009.
2
In this Order —
“ the Act ” means the Education and Skills Act 2008;
“the 2002 Act ” means the Education Act 2002 .
Provisions coming into force on 1st August 2009
2
Section 86 of the Act comes into force on 1st August 2009 so far as not already in force.
Provisions coming into force on 1st September 2009
3
The following provisions of the Act come into force on 1st September 2009 —
section 92(1) (independent educational institutions);
section 93 (application of Chapter 1 of Part 4 to institutions in England only);
section 111 (fees for inspections by Chief Inspector under Chapter 1 of Part 4) so far as not already in force;
section 112(1) and (2) (failure to pay fees);
section 137 (service of notice etc );
section 138(1) (interpretation of Chapter 1 of Part 4) so far as necessary for the interpretation of provisions brought into force by this article or made under such provisions;
section 140(2) (the register and fees) so far as not already in force;
paragraphs 13 and 18 of Schedule 1 (minor and consequential amendments), so far as they repeal subsections (6) and (7) of section 162B of the 2002 Act , and section 169(1) so far as it relates to that repeal;
Schedule 2 (repeals and revocations) so far as it repeals subsections (6) and (7) of section 162B of the 2002 Act, and section 169(2) so far as it relates to that repeal.
Provisions coming into force on 12th October 2009
4
The following provisions of the Act come into force on 12th October 2009 —
section 117(1) and (2)(c) (meaning of “relevant restriction”);
section 119 (unsuitable persons) so far as not already in force;
section 124 (appeal by proprietor against decision of Secretary of State to deregister) for the purposes of appeals to the Tribunal against a decision of the Secretary of State to remove an institution from the register under section 119;
section 127 (relevant restriction imposed by Tribunal: supplementary);
sections 134 to 136 (offences);
section 138(1) so far as not already in force and so far as necessary for the interpretation of provisions brought into force by this article or made under such provisions.
Transitory provisions in connection with the commencement of sections 112, 117, 119, 124, 127 and 137 of the Act
5
1
Until the coming into force of section 95(1) of the Act for all purposes in relation to independent schools, sections 112(1) and (2), 117(1), 119, 124, 127 and 137 of the Act have effect subject to the following modifications.
2
Sections 112(1) and (2), 119 and 124 of the Act have effect as if references in each of them to the register kept under section 95 of the Act were to the register referred to in section 158(1)(a) of the 2002 Act.
3
Sections 112(1) and (2), 117(1), 119, 124, 127 and 137 of the Act have effect as if references in each of them to a proprietor of a registered independent educational institution were to a proprietor of an independent school entered in the register referred to in section 158(1)(a) of the 2002 Act.
Saving
6
Despite the repeal of subsections (6) and (7) of section 162B of the 2002 Act, on and after 1st September 2009 the Secretary of State may remove a school from the register referred to in section 158(1)(a) of that Act where the proprietor fails to pay a fee in respect of which the liability to pay accrued before 1st September 2009.
Amendment of the Education and Skills Act 2008 (Commencement No. 3) Order 2009: transitory provisions
7
1
The Education and Skills Act 2008 (Commencement No. 3) Order 2009 is amended as follows.
2
After article 2 insert —
Transitory provisions
2A
1
Section 111 of the Act has effect, during the period before sections 108 and 109 of the Act come into force for all purposes in relation to independent schools, subject to the modifications in paragraphs (2) to (5).
2
Subsection (1) has effect as if the reference to an inspection carried out under Chapter 1 of Part 4 of the Act included a reference to an inspection carried out under section 162A(1)(a) of the 2002 Act.
3
Subsection (3)(b) has effect as if the reference to an inspection under section 108 included a reference to an inspection under section 162A(1)(a) of the 2002 Act.
4
Subsection (4)(a) has effect as if —
a
the reference to an inspection under section 108 included a reference to an inspection under section 162A(1)(a) of the 2002 Act; and
b
the reference to a time at which an independent inspectorate is approved in relation to an independent educational institution included a reference to any time at which arrangements are in place for the inspection of an independent school by a body approved by the Secretary of State for the purposes of section 162A(1)(b) of the 2002 Act.
5
Subsection (6) has effect as if the reference to an independent educational institution entered in the register kept under section 95 of the Act included a reference to an independent school entered in the register referred to in section 158(1)(a) of the 2002 Act.
6
In this article “the 2002 Act” means the Education Act 2002.
.
Diana Johnson
Parliamentary Under Secretary of State
Department for Children, Schools and Families
1st July 2009


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Government Pension Scheme (Administration) (Amendment) Regulations 2009.
2
These Regulations shall come into force on 1st April 2009.
3
These Regulations apply in relation to England and Wales .
Amendment of the Local Government Pension Scheme (Administration) Regulations 2008
2
The Local Government Pension Scheme (Administration) Regulations 2008 are amended in accordance with regulations 3 and 4.
3
After regulation 8 (eligibility for membership of employees of other bodies not listed in Schedule 2), insert —
Eligibility for membership: employees transferring from The Rent Service to HM Revenue and Customs
8A
1
A person who —
a
was an active member of the 1997 Local Government Pension Scheme by virtue of regulation 130C (employees in the Rent Service Agency) of the 1997 Regulations; and
b
is an active member of the Scheme immediately before 1st April 2009,
continues to be an active member of the Scheme notwithstanding the transfer of that person’s employment from the Secretary of State to the Commissioners for Her Majesty’s Revenue and Customs pursuant to the Transfer of Functions (Administration of Rent Officer Service in England) Order 2008 .
2
Where a person satisfies the conditions specified in paragraph (1) —
a
that person is deemed to be in employment with the London Pension Fund Authority; and
b
regulation 12(1) (further restrictions on eligibility) of these Regulations shall not apply.
3
In this regulation “the 1997 Local Government Pension Scheme” means the occupational pension scheme constituted by the 1997 Regulations.
.
4
In regulation 12 (further restrictions on eligibility), for paragraph (6) substitute —
6
A person may be a member of the Scheme despite being entitled to be a member of the National Health Service Pension Scheme for England and Wales (“the NHS Scheme ”) if —
a
the person’s entitlement to be a member of the NHS Scheme is by reason of employment by —
i
a Care Trust designated under section 77 of the National Health Service Act 2006 ;
ii
an NHS Scheme employing authority as a result of a prescribed arrangement under section 75 of that Act; or
iii
the Care Quality Commission as a result of a transfer of employment from the Commission for Social Care Inspection, in connection with its dissolution under Part 1 of the Health and Social Care Act 2008 ; and
b
the person is specified in, or within a class of employees specified in, an admission agreement made between an administering authority and one of the bodies specified in sub-paragraph (a)(i) to (iii); and
c
the person was an active member of the Scheme immediately before becoming employed by one of those bodies.
.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
2nd March 2009


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Wireless Telegraphy (Recognised Spectrum Access and Licence) (Spectrum Trading) Regulations 2009 and shall come into force on 23rd January 2009.
2
These regulations shall not extend to the Bailiwick of Guernsey.
Interpretation
2
In these Regulations —
“concurrent holders” means persons who concurrently hold the rights and obligations under a grant of RSA or a licence by virtue of a transfer authorised by these Regulations which has that effect;
“OFCOM” means Office of Communications;
“RSA” means recognised spectrum access;
“licence” means wireless telegraphy licence;
“apparatus” means wireless telegraphy apparatus; and
“station” means wireless telegraphy station.
Transfer of all of the rights and obligations arising by virtue of a grant of RSA or a licence
3
1
Subject to regulation 5, a transfer by the holder of a grant of RSA or a licence to which this paragraph applies of all of the rights and obligations arising by virtue of that grant of RSA or that licence is authorised if it satisfies one of the two conditions set out in paragraph (2).
2
Those conditions are —
a
that the rights and obligations of the person making the transfer become rights and obligations of the transferee to the exclusion of the person making the transfer;
b
that the transferred rights and obligations become rights and obligations of the transferee while continuing, concurrently, to be rights and obligations of the person making the transfer.
3
Paragraph (1) shall apply to grants of RSA and licences of a class specified in Column 1 of each of Parts 1 and 2 of the Schedule which apply to stations or apparatus operating within any of the frequency bands specified in Column 2 of the same Part.
Transfer of part of the rights and obligations arising by virtue of a grant of RSA or a licence
4
Subject to regulation 5, transfers satisfying one of the two conditions set out in regulation 3(2) are also authorised where the transfer is of —
a
all the rights arising by virtue of a grant of RSA or a licence which relate to —
i
a part of the range of frequencies in which —
aa
in the case of a licence, the holder is authorised to establish, install and use transmitting and receiving stations or apparatus under one of the licences of a class specified in Column 1 of Part 1 of the Schedule which apply to stations or apparatus operating within any of the frequency bands specified in Column 2 of the same Part; and
bb
in the case of RSA, the holder is recognised as using transmitting or receiving stations or apparatus under one of the grants of RSA of a class specified in Column 1 of Part 1 of the Schedule which apply to stations or apparatus operating within any of the frequency bands specified in Column 2 of the same part;
ii
a geographical area being part of the total geographical area in which —
aa
in the case of a licence, the holder is so authorised; and
bb
in the case of RSA, the holder is so recognised;
iii
both of the situations set out in sub-paragraphs (i) and (ii);
iv
part of the range of frequencies in which —
aa
in the case of a licence, the holder is authorised to establish, install and use transmitting and receiving stations or apparatus under one of the licences of a class specified in Column 1 of Part 2 of the Schedule which apply to stations or apparatus operating within any of the frequency bands specified in Column 2 of the same Part; and
bb
in the case of RSA, the holder is recognised as using transmitting or receiving stations or apparatus under one of the grants of RSA of a class specified in Column 1 of Part 2 of the Schedule which apply to stations or apparatus operating within any of the frequency bands specified in Column 2 of the same Part;
v
a geographical area being a fifty kilometre square part of the total geographical area in which —
aa
in the case of a licence, the holder is authorised to establish, install and use radio transmitting and receiving stations or apparatus under one of the licences of a class specified in Column 1 of Part 2 of the Schedule which apply to stations or apparatus operating within any of the frequency bands specified in Column 2 of the same Part; and
bb
in the case of RSA, the holder is recognised as using radio transmitting and receiving stations or apparatus under one of the grants of RSA of a class specified in Column 1 of Part 2 of the Schedule which apply to stations or apparatus operating within any of the frequency bands specified in Column 2 of the same Part; or
vi
both of the situations set out in sub-paragraphs (iv) and (v); and
b
the corresponding part of each of the obligations under the grant of RSA or licence.
Circumstances in which a transfer is not authorised
5
A transfer of rights and obligations arising under a grant of RSA or a licence is not authorised where —
a
any holder of the grant of RSA or the licence, or all of the concurrent holders, and the transferee have not consented to the transfer;
b
any sum payable to OFCOM in respect of the grant of RSA or the licence has not been paid by the time it became due;
c
OFCOM has served notice on the holder, or the concurrent holders, of a proposal to revoke or vary the grant of RSA or the licence but that revocation or variation has not yet been made;
d
the holder of the grant of RSA or the licence has, or all of the concurrent holders have, requested OFCOM to revoke or vary the grant of RSA or the licence or have consented to a revocation or variation proposed by OFCOM but that revocation or variation has not yet been made; or
e
OFCOM have not given their consent, under regulation 6(3)(a), to the transfer being made.
Transfer procedure
6
1
The holder, or concurrent holders, of a grant of RSA or a licence, who wishes, or who wish, to make a transfer authorised by regulations 3(1) or 4 must provide to OFCOM —
a
the reference number of the grant of RSA or the licence under which rights and obligations are to be transferred;
b
the name and address of the holder or concurrent holders of the grant of RSA or the licence;
c
the name and address of the proposed transferee;
d
a description of which type of transfer authorised by regulation 3(1) or 4 is proposed;
e
a document signed by or on behalf of the holder, or each concurrent holder, of the grant of RSA or the licence and signed by or on behalf of the transferee, under which each of those persons warrants to OFCOM that he has consented to the proposed transfer;
f
all information necessary for OFCOM to determine whether or not they shall consent to the transfer;
g
in the case of a transfer authorised by regulation 4, a description of which rights and obligations under the grant of RSA or the licence are to be transferred; and
h
notice of whether the transfer will involve a conversion under which the rights and obligations that are acquired by the transferee shall take effect —
i
if they are rights and obligations under a licence, as rights and obligations under a grant of RSA; and
ii
if they are rights and obligations under a grant of RSA, as rights and obligations under a licence.
2
OFCOM shall, after determining that the requirements of paragraph (1) have been met, publish a notice stating —
a
the name of the holder or concurrent holders of the grant of RSA or the licence and the name of the transferee to whom it is proposed that the rights and obligations arising under the grant of RSA or the licence shall be transferred;
b
the date when OFCOM determined that the requirements of paragraph (1) were met;
c
the reference number of the grant of RSA or the licence under which rights and obligations are to be transferred; and
d
in the case of a transfer authorised by regulation 4, a description of which rights under the grant of RSA or the licence are proposed to be transferred.
3
After publishing a notice under paragraph (2) OFCOM shall decide —
a
if they consent to the transfer in accordance with regulation 8; and
b
if they shall give any directions under regulation 9.
4
OFCOM shall notify the parties to the proposed transfer of their decisions under paragraph (3).
5
OFCOM shall publish the information specified in paragraph (2) in relation to transfers that have been effected pursuant to regulation 7.
Putting the transfer into effect
7
1
Subject to paragraph (3), a transfer of the rights and obligations under a grant of RSA shall be effected by the holder or concurrent holders of the grant of RSA surrendering that grant to OFCOM and by OFCOM granting a new one to the transferee and —
a
in the case of a transfer which satisfies the condition set out in regulation 3(2)(b), the holder or concurrent holders who made the transfer; and
b
in the case of a transfer authorised by regulation 4, to the holder or concurrent holders who made the transfer.
2
Subject to paragraph (3), a transfer of the rights and obligations under a licence shall be effected by the holder or concurrent holders of the licence surrendering that licence to OFCOM and by OFCOM granting a new one to the transferee and —
a
in the case of a transfer which satisfies the condition set out in regulation 3(2)(b), the holder or concurrent holders who made the transfer; and
b
in the case of a transfer authorised by regulation 4, to the holder or concurrent holders who made the transfer.
3
Where a notice has been given to OFCOM under regulation 6(1)(h) that the transfer will involve a conversion, a transfer of the rights and obligations under a grant of RSA or a licence shall be effected by —
a
the holder or concurrent holders of the grant of RSA or the licence surrendering that grant of RSA or that licence to OFCOM;
b
OFCOM granting —
i
where the transfer is of rights and obligations under a licence, a new grant of RSA to the transferee;
ii
where the transfer is of rights and obligations under a grant of RSA, a new licence to the transferee; and
c
OFCOM granting a new grant of RSA or a new licence —
i
in the case of a transfer which satisfies the condition set out in regulation 3(2)(b), to the holder or concurrent holders who made the transfer;
ii
in the case of a transfer authorised by regulation 4, to the holder or concurrent holders who made the transfer.
Consent by OFCOM
8
In determining whether or not to consent to a proposed transfer OFCOM shall take into account whether —
a
the holder is, or the concurrent holders are, in breach of the terms of the grant of RSA or the licence under which the rights and obligations are to be transferred;
b
the transferee is able to meet the terms, provisions and limitations of the grant of RSA or the licence which is to be granted as a result of the transfer;
c
in the case of a transfer authorised by regulation 4 the transferor is able to meet the terms, provisions and limitations of the grant of RSA or the licence which is to be granted as a result of the transfer;
d
the transferee is able to meet any criteria relating to the persons to whom a grant of RSA or a licence which rights and obligations are to be transferred may be granted; and
e
it is requisite or expedient to refuse consent to the transfer–
i
in the interests of national security;
ii
for the purposes of complying with a Community obligation of the United Kingdom or with any international agreement or arrangements to which the United Kingdom is party; or
iii
for the purposes of complying with a direction by the Secretary of State given to OFCOM under section 5 of the Communications Act 2003 or section 5 of the Wireless Telegraphy Act 2006.
Directions by OFCOM
9
1
If OFCOM consent to a transfer they may also direct that a transfer shall only be put into effect in accordance with regulation 7 after compliance with conditions which may relate to any matter mentioned in any of the paragraphs of regulation 8.
2
A transfer may not be put into effect in accordance with regulation 7 until after compliance with the conditions set out in any such direction.
Ed Richards
Chief Executive of the Office of Communications
For and by the authority of the Office of Communications
9th January 2009


text:
1
This Order may be cited as The A19 Trunk Road (A19/A63 Junction at Barlby to A19/A63 Junction at Selby Crossroads) (Detrunking) Order 2009 and shall come into force on 31st March 2009.
2
In this Order —
i
all measurements of distance are measured along the route of the relevant highway;
ii
“the plan” means the plan numbered HA 10/MP/100, marked “The A19 Trunk Road (A19/A63 Junction at Barlby to A19/A63 Junction at Selby Crossroads) (Detrunking) Order 2009”, signed by authority of the Secretary of State for Transport and deposited at Communities and Local Government, Deposited Document Services, Room F13, Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA;
iii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iv
“the trunk road” means the East of Snaith–Sunderland Trunk Road (A19).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road as from the date on which the Secretary of State notifies the North Yorkshire County Council (who will become the highway authority responsible for that length) that the Order has come into force.
Signed by authority of theSecretary of State for Transport
John Bagley
A Divisional Director Highways Agency
10th February 2009


text:
Citation and commencement
1
These Regulations may be cited as the Armed Forces (Review of Court Martial Sentence) (Supplementary Provision) Regulations 2009 and shall come into force on 31st October 2009.
Interpretation
2
In these Regulations —
“ the Act ” means the Armed Forces Act 2006;
“the registrar” means the registrar of the Court Martial Appeal Court;
“reference to the Court Martial Appeal Court” means a reference to the Court Martial Appeal Court under section 273(1) of the Act and references to an application for leave to refer a case to the Court Martial Appeal Court or to leave to refer a case to the Court Martial Appeal Court are to be construed accordingly;
“reference to the Supreme Court” means a reference to the Supreme Court under section 274(1) of the Act and references to an application for leave to refer a case to the Supreme Court or to leave to refer a case to the Supreme Court are to be construed accordingly.
Application for leave to refer a case to the Court Martial Appeal Court
3
1
Notice of an application for leave to refer a case to the Court Martial Appeal Court must be given within 28 days from the day on which the sentence in the case was passed.
2
For the purposes of this regulation if a sentence is varied under rules made under section 163 of the Act it shall be regarded as passed on the day on which it is varied.
Duties of the registrar in preparation for hearings
4
1
This regulation applies if the registrar is given notice of —
a
an application for leave to refer a case to the Court Martial Appeal Court;
b
a reference to the Court Martial Appeal Court;
c
an application to the Court Martial Appeal Court for leave to refer a case to the Supreme Court.
2
The registrar must —
a
take all necessary steps for obtaining a hearing of the application or the reference to the Court Martial Appeal Court; and
b
obtain and lay before the Court Martial Appeal Court in proper form all documents, exhibits and other things which appear necessary for the proper determination of the application or the reference to the Court Martial Appeal Court.
Application for leave to refer a case to the Supreme Court
5
1
An application to the Court Martial Appeal Court for leave to refer a case to the Supreme Court must be made within the period of 14 days beginning with the date on which the Court Martial Appeal Court concluded its review of the case referred to it under section 273(1) of the Act.
2
An application to the Supreme Court for leave to refer a case to the Supreme Court must be made within 14 days beginning with —
a
the date on which the Court Martial Appeal Court concluded its review of the case referred to it under section 273(1) of the Act, or
b
the date on which the Court Martial Appeal Court refused leave to refer the case to the Supreme Court,
whichever is the later.
Time spent in custody pending review
6
The time during which a person whose case has been referred for review under section 273(1) of the Act is in custody pending its review and pending any reference to the Supreme Court under section 274(1) of the Act shall be reckoned as part of the term of any sentence to which he is for the time being subject.
Presence of offender at hearings
7
1
Except as provided by paragraphs (2) and (3), a person whose sentence is the subject of a reference to the Court Martial Appeal Court shall be entitled to be present, if he wishes it, on the hearing of the reference, although he may be in custody.
2
A person in custody shall not be entitled to be present —
a
on an application for leave to refer a case to the Court Martial Appeal Court or an application to the Court Martial Appeal Court for leave to refer a case to the Supreme Court,
b
on any proceedings preliminary or incidental to a reference,
unless the Court Martial Appeal Court gives him leave to be present.
3
The power of the Court Martial Appeal Court to pass sentence on a person under section 273(5)(b) of the Act may be exercised although he is not present.
4
A person whose sentence is the subject of a reference to the Supreme Court and who is detained pending the hearing of that reference shall not be entitled to be present on the hearing of the reference or of any preliminary or incidental proceedings except where an order of the Supreme Court authorises him to be present, or where the Supreme Court or the Court Martial Appeal Court, as the case may be, gives him leave to be present.
Effect of sentence passed by the Court Martial Appeal Court or Supreme Court
8
The term of any sentence passed by the Court Martial Appeal Court under section 273(5)(b) of the Act or the Supreme Court under section 274(4)(b) of the Act shall, unless they otherwise direct, begin to run from the time when it would have begun to run if passed in the proceedings in relation to which the reference was made.
Costs
9
Where on a reference to the Court Martial Appeal Court, or a reference to the Supreme Court, the person whose sentence is the subject of the reference appears by counsel for the purpose of presenting any argument to the Court Martial Appeal Court or to the Supreme Court, he shall be entitled to his costs, that is to say to the payment out of public funds of such funds as are reasonably sufficient to compensate him for the expenses properly incurred by him for the purpose of being represented on the reference; and any amount recoverable under this paragraph shall be ascertained, as soon as practicable, by the registrar or, as the case may be, such officer as may be prescribed by order of the Supreme Court.
Transitory provision
10
Until section 23 of the Constitutional Reform Act 2005 comes into force, the references in regulations 2, 4, 5, 6, 7, 8 and 9 to the Supreme Court are to be read as references to the House of Lords.
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
5th May 2009