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 2009 and shall come into force on 9th February 2009.
2
These Regulations shall have effect —
a
for the purposes of the charge to stamp duty, in relation to instruments executed on or after 9th February 2009;
b
for the purposes of the charge to stamp duty reserve tax —
i
in the case of agreements to transfer traded securities which are not conditional, in relation to agreements made on or after 9th February 2009;
ii
in the case of agreements to transfer traded securities which are conditional, in relation to agreements where the condition is satisfied on or after that date.
Interpretation
2
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 multilateral trading facility Euro Millennium, operated by NYFIX International 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 trading 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
Euro Millennium 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 paragraph (4) —
a
a “matching agreement” means an agreement under which —
i
the traded securities agreed to be transferred are of the same kind as the traded securities agreed to be transferred under the relevant agreement, and
ii
the number and transfer price of the traded securities agreed to be transferred are identical to the number and transfer price of the traded securities agreed to be transferred under the relevant agreement;
b
references to 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
Bob Blizzard
Two of the Lords Commissioners of Her Majesty’s Treasury
15th January 2009


type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the Police and Justice Act 2006 (Commencement No. 1) (England) Order 2009.
Commencement
2
The following provisions of the Police and Justice Act 2006 shall come into force on 30 April 2009 in so far as they relate to England —
a
section 19 (local authority scrutiny of crime and disorder matters);
b
section 20 (guidance and regulations regarding crime and disorder matters);
c
section 21 (joint crime and disorder committees); and
d
Schedule 8 (further provision about crime and disorder committees of certain local authorities).
Vernon Coaker
Minister of State
Home Office
6th April 2009


text:
Citation and commencement
1
1
This Order may be cited as the Greater Manchester (Light Rapid Transit System) (Exemptions) Order 2009 and, except as otherwise provided in this article, shall come into force on 12th November 2009.
2
Articles 3, 4, 6, 7, 8, 9 and 10 shall come into force on 19th February 2010 as regards the section of Metrolink Phase 3A between the junction with Metrolink Phase 1 at Talbot Road, Manchester and St Werburgh’s Road stations and network stations, network trains and railway passenger services associated with that section.
3
Articles 3, 4, 6, 7, 8, 9 and 10 shall come into force on 31st May 2010 as regards the section of Metrolink Phase 3A between the junction with Metrolink Phase 1 at Collyhurst Road, Manchester and Central Park stations and network stations, network trains and railway passenger services associated with that section.
4
Articles 3 and 4 shall come into force on 8th June 2010 as regards the network depot shown as the Proposed Metrolink Depot on the Map.
5
Articles 3, 4, 6, 7, 8, 9 and 10 shall come into force on 24th September 2010 as regards the section of Metrolink Phase 3A between Central Park and Oldham Mumps stations and network stations, network trains and railway passenger services associated with that section.
6
Articles 3, 4, 6, 7, 8, 9 and 10 shall come into force on 27th June 2011 as regards the section of Metrolink Phase 3A between Piccadilly and Droylsden stations and network stations, network trains and railway passenger services associated with that section.
7
Articles 3, 4, 6, 7, 8, 9 and 10 shall come into force on 30th June 2011 as regards the section of Metrolink Phase 3A between Oldham Mumps and Rochdale Railway stations and network stations, network trains and railway passenger services associated with that section.
Interpretation
2
In this Order —
“the 1993 Act ” means the Railways Act 1993;
“the 2005 Act ” means the Railways Act 2005;
“the Contractor” means —
the person providing all of the railway passenger services on the Metrolink Light Rail Network pursuant to an agreement with the GMPTE for the time being, and
any person operating railway facilities (but not providing railway passenger services) on the Metrolink Light Rail Network pursuant to an agreement with the GMPTE for the time being,
and includes any third parties acting on behalf of those persons;
“the GMPTE” means the Greater Manchester Passenger Transport Executive;
“the Map” means the coloured map in the Schedule;
“the Metrolink Light Rail Network” means Metrolink Phase 1, Metrolink Phase 2 and Metrolink Phase 3A;
“Metrolink Phase 1” means the light rail track constructed on the route shown on the Map as “Metrolink Phase 1”, together with any network installations associated with any of that track;
“Metrolink Phase 2” means the light rail track constructed on the route shown on the Map as “Metrolink Phase 2”, together with any network installations associated with any of that track;
“Metrolink Phase 3A” means the light rail track constructed or, as applicable, to be constructed on the route shown on the Map as “Metrolink Phase 3A”, together with any network installations associated with any of that track;
“network depot” means a light maintenance depot which is used or, as applicable, is to be used for the provision of light maintenance services which relate to locomotives and other rolling stock used in connection with railway passenger services provided on the Metrolink Light Rail Network;
“network installation” means any installation (other than track) which is comprised in a network;
“network station” means a station at which the only regular railway passenger services which are provided or, as applicable, are to be provided operate on the Metrolink Light Rail Network; and
“network trains” means trains being used on the Metrolink Light Rail Network for the purpose of carrying passengers or for engineering or maintenance purposes.
Licence exemption
3
1
Subject to article 11, exemption is granted to the GMPTE and to the Contractor from the requirement in section 6 of the 1993 Act (prohibition on unauthorised operators of railway assets) to be authorised by licence to be the operator of the Metrolink Light Rail Network and such network depots, network stations, network interchanges and network trains as are used predominantly in connection with the provision of railway passenger services on that network.
2
In determining the predominant use of a railway asset for the purposes of this article, temporary use for any purpose and any use for emergency purposes shall be disregarded.
3
In this article, “network interchange” means, in relation to a station which is not a network station, such part of that station as is operated by the GMPTE or the Contractor in connection with the provision of regular railway passenger services on the Metrolink Light Rail Network.
Facility improvement exemption
4
1
Subject to article 16, exemption is granted to the GMPTE and to the Contractor from the provisions of section 16A(2) of the 1993 Act (provision, improvement and development of railway facilities) in respect of the Metrolink Light Rail Network and such network depots, network stations and network interchanges as are used predominantly in connection with the provision of railway passenger services on that network.
2
In determining the predominant use of a railway facility for the purposes of this article, temporary use for any purpose and any use for emergency purposes shall be disregarded.
3
In this article, “network interchange” means, in relation to a station which is not a network station, such part of that station as is used exclusively for the provision of railway passenger services on the Metrolink Light Rail Network.
Facility exemption
5
1
Subject to article 11, exemption is granted to the GMPTE, Network Rail Infrastructure Limited and to the Contractor from the provisions of sections 17, 18 and 22A of the 1993 Act (access agreements) in respect of the Metrolink Light Rail Network and such network depots and network stations as are used predominantly in connection with the provision of railway passenger services on that network.
2
In determining the predominant use of a railway facility for the purposes of this article, temporary use for any purpose and any use for emergency purposes shall be disregarded.
3
Subject to article 11, exemption is granted to the GMPTE, Network Rail Infrastructure Limited and to the Contractor from the provisions of sections 17, 18 and 22A of the 1993 Act (access agreements) in respect of network interchanges.
4
In this article, “network interchange” means, in relation to a station which is not a network station, such part of that station as is used exclusively for the provision of railway passenger services on the Metrolink Light Rail Network.
Franchise exemption
6
Subject to article 11, exemption from designation under section 23(1) of the 1993 Act (passenger services to be subject to franchise agreements) is granted to the GMPTE and the Contractor in respect of railway passenger services provided exclusively on the Metrolink Light Rail Network.
Disapplication of closure provisions
7
Subject to article 12, every railway passenger service which operates wholly or substantially on the Metrolink Light Rail Network is a service in relation to which the application of sections 22 to 24 of the 2005 Act (discontinuance of railway passenger services) is excluded.
8
Subject to article 13, the Metrolink Light Rail Network is a network in relation to which the application of sections 26 to 28 of the 2005 Act (discontinuance of operation of passenger networks) is excluded.
9
1
Subject to article 14, every network station and network interchange is a station in relation to which the application of sections 29 to 31 of the 2005 Act (discontinuance of use or operation of stations) is excluded.
2
In this article, “network interchange” means, in relation to a station which is not a network station, such part of that station as is used exclusively for the provision of railway passenger services on the Metrolink Light Rail Network.
Application of provisions for discontinuation of excluded services
10
Subject to article 15, every railway passenger service which operates wholly or substantially on the Metrolink Light Rail Network is designated as a special procedure service for the purposes of section 25 of the 2005 Act.
Existing exemptions
11
Articles 3, 5 and 6 shall not apply to the Metrolink Light Rail Network to the extent that at the date this Order comes into force in accordance with article 1(1), such network and railway assets associated with it have the benefit of a licence exemption, facility exemption and franchise exemption by virtue of articles 3, 5 and 6 respectively of the Railways (Class and Miscellaneous Exemptions) Order 1994 .
12
Article 7 shall not apply to railway passenger services on the Metrolink Light Rail Network to the extent that at the date this Order comes into force in accordance with article 1(1), article 7(1) of the Railways (Class and Miscellaneous Exemptions) Order 1994 provides that section 37 of the 1993 Act is not to have effect in relation to those services.
13
Article 8 shall not apply to the Metrolink Light Rail Network to the extent that at the date this Order comes into force in accordance with article 1(1), article 7(2) of the Railways (Class and Miscellaneous Exemptions) Order 1994 provides that section 39 of the 1993 Act is not to have effect in relation to that network.
14
Article 9 shall not apply to any network station or network interchange to the extent that at the date this Order comes into force in accordance with article 1(1), article 7(3) or 7(4) of the Railways (Class and Miscellaneous Exemptions) Order 1994 provides that section 41 of the 1993 Act is not to have effect in relation to that railway facility.
15
Article 10 shall not apply to the Metrolink Light Rail Network to the extent that at the date this Order comes into force in accordance with article 1(1), article 2 of the Railways (Alternative Closure Procedure) Order 1994 provides that the railway passenger services operating on that network are subject to the alternative closure provisions in Schedule 5 to the 1993 Act.
16
Article 4 shall not apply to the Metrolink Light Rail Network to the extent that at the date this Order comes into force in accordance with article 1(1), such network (and facilities associated with such network) has the benefit of an exemption from the provisions of section 16A(2) of the 1993 Act by virtue of the Railways (Provision etc. of Railway Facilities) (Exemptions) Order 2005 .
Revocation of exemptions
17
1
Subject to paragraph (2), the Secretary of State may revoke an exemption conferred by this Order under article 3, 4, 5 or 6 in relation to any person or railway asset to whom or to which the exemption applies.
2
Before exercising the power conferred by paragraph (1) the Secretary of State shall —
a
serve notice in writing on the relevant person, or on the operator of the railway asset in question, as the case may be, and on the GMPTE, informing them of the intention to revoke the exemption in respect of that person or asset, and inviting them to make representations in writing to the Secretary of State within such period, not being less than 28 days from the service of the notice, as may be specified in the notice; and
b
consider any representations so made.
18
The Greater Manchester (Light Rapid Transit System) (Exemptions) Order 2004 is revoked.
Signed by authority of the Secretary of State for Transport
Sadiq Khan
Minister of State
Department for Transport
6th October 2009


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Mental Health and Mental Capacity (Advocacy) Amendment (England) Regulations 2009 and shall come into force on 12 th October 2009.
2
In these Regulations —
“the 2006 Regulations ” means the Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (General) Regulations 2006 ;
“the 2008 Regulations ” means the Mental Health Act 1983 (Independent Mental Health Advocates) (England) Regulations 2008 .
3
These Regulations apply in relation to England only.
Amendment of the 2006 Regulations
2
1
The 2006 Regulations are amended as follows.
2
For regulation 5(3) substitute —
3
Before a determination is made in relation to any person for the purposes of paragraph (2)(b), there must be obtained, in respect of that person, an enhanced criminal record certificate issued pursuant to section 113B of the Police Act 1997 which includes —
a
where the determination is in respect of a person’s appointment as an IMCA for a person who has not attained the age of 18, suitability information relating to children (within the meaning of section 113BA of the Police Act 1997 );
b
where the determination is in respect of a person’s appointment as an IMCA for a person who has attained the age of 18, suitability information relating to vulnerable adults (within the meaning of section 113BB of that Act ).
.
Amendment of the 2008 Regulations
3
1
The 2008 Regulations are amended as follows.
2
For regulation 6(5) substitute —
5
For the purposes of the condition referred to in paragraph (2)(b) there must be obtained, in respect of that person, an enhanced criminal record certificate issued pursuant to section 113B of the Police Act 1997 which includes —
a
where the qualifying patient has not attained the age of 18, suitability information relating to children (within the meaning of section 113BA of the Police Act 1997);
b
where the qualifying patient has attained the age of 18, suitability information relating to vulnerable adults (within the meaning of section 113BB of that Act).
.
Signed by authority of the Secretary of State.
Phil Hope
Minister of State,
Department of Health
2nd September 2009


text:
Citation and commencement
1
1
These Regulations may be cited as the European Economic Interest Grouping (Amendment) Regulations 2009.
2
These Regulations come into force on 1st October 2009.
Transitional provision relating to forms and other documents to be delivered to registrar
2
So far as relating to forms and other documents required to be delivered to the registrar, the amendments made by these Regulations do not have effect in any case where the obligation to deliver the form or other document arose before 1st October 2009.
Amendment of the European Economic Interest Grouping Regulations 1989
3
The European Economic Interest Grouping Regulations 1989 are amended as follows.
4
In regulation 1 (citation, commencement and extent), for “Great Britain” substitute “the whole of the United Kingdom”.
5
1
Regulation 2 (interpretation) is amended as follows.
2
In paragraph (1) —
a
after the definition of “the 1985 Act” insert —
“the 2006 Act ” means the Companies Act 2006;
;
b
in the definition of “the Companies Acts”, for “the Companies Act 2006” substitute “the 2006 Act”;
c
for the definition of “the registrar” substitute —
“the registrar” has the same meaning as in the Companies Acts (see section 1060 of the 2006 Act);
;
d
after “the Insolvency Act 1986” insert “or, as regards Northern Ireland, by the Insolvency (Northern Ireland) Order 1989 ”.
3
For paragraph (2) substitute —
2
In these Regulations a reference to any Form is a reference to that Form as set out in Schedule 2 to these Regulations.
6
In regulation 3 (legal personality), for “Great Britain” substitute “the United Kingdom”.
7
In regulation 4(1) (transfer of official address) —
a
for “Great Britain” substitute “the United Kingdom”;
b
for “Form EEIG 4” substitute “Form EE MP01”;
c
for “regulation 13(1)” substitute “regulation 13(1B)”.
8
1
Regulation 5 (managers) is amended as set out in paragraphs (2) to (4).
2
In paragraph (1) —
a
for “Great Britain” substitute “the United Kingdom”;
b
for “Form EEIG 3” substitute “Form EE AP02”.
3
For paragraph (3) substitute —
3
The following must be delivered to the registrar in accordance with the provisions of regulation 13(1B) below —
a
notice of appointment of any manager; and
b
in respect of each manager, the particulars specified in section 163 of the 2006 Act (if the manager is an individual) or section 164 of that Act (if the manager is not).
3A
Subsections (2) to (4) of section 163 of the 2006 Act apply for the purposes of paragraph (3)(b) above as they apply for the purposes of that section.
3B
For the purposes of paragraph (3)(b) above, a person’s service address may be stated to be “The EEIG’s official address”.
4
Omit paragraph (4).
5
In the case of an European Economic Interest Grouping (“EEIG”) which, immediately before 1st October 2009, was registered in the United Kingdom, the relevant existing address of a manager of the EEIG is deemed, on and after that date, to be a service address.
6
The “relevant existing address” is the address which, immediately before 1st October 2009, was the usual residential address notified to the registrar under regulation 5(3)(a) of the European Economic Interest Grouping Regulations 1989, as they had effect before that date.
7
Any notification of a change of the relevant existing address occurring before 1st October 2009 that is received by the registrar on or after that date is treated as being or, as the case may be, including notification of a change of service address.
8
The registrar may make such changes to the EEIG register as the registrar considers appropriate in consequence of the operation of paragraphs (5) to (7).
In this paragraph “the EEIG register” has the meaning given by regulation 18(4) of the European Economic Interest Grouping Regulations 1989.
9
1
Regulation 6 (cessation of membership) is amended as follows.
2
In paragraph (a)(i), after “Wales” insert “or Northern Ireland”.
3
In paragraph (b) —
a
in sub-paragraph (i), after “Wales” insert “or Northern Ireland”;
b
for sub-paragraph (ii) substitute —
ii
a bankruptcy order has been made against each of the partnership’s members in England and Wales on a bankruptcy petition presented under Article 11(1) of the Insolvent Partnerships Order 1994 ;
iia
a bankruptcy order has been made against each of the partnership’s members in Northern Ireland on a bankruptcy petition presented under Article 11(1) of the Insolvent Partnerships Order (Northern Ireland) 1995 ; or
.
4
In paragraph (c), for “Great Britain” substitute “the United Kingdom”.
10
1
Regulation 7 (competent authority) is amended as follows.
2
For paragraph (1) substitute —
1
The competent authority for the purposes of making an application to the court under Article 32(1) of the EC Regulation (winding up of EEIG in certain circumstances) shall be —
a
in the case of an EEIG whose official address is in Northern Ireland, the Department of Enterprise, Trade and Investment in Northern Ireland;
b
in any other case, the Secretary of State.
3
In paragraph (2) —
a
for “the Secretary of State” substitute “the appropriate authority”;
b
for “Great Britain” substitute “the United Kingdom”.
4
After paragraph (2) insert —
2A
In paragraph (2) above “the appropriate authority” means —
a
in the case of an EEIG whose official address is in Great Britain, the Secretary of State;
b
in the case of an EEIG whose official address is in Northern Ireland, the Department of Enterprise, Trade and Investment in Northern Ireland.
5
In paragraph (3) —
a
for “the Secretary of State” substitute “the appropriate authority”;
b
for “Great Britain” substitute “the United Kingdom”.
6
After paragraph (3) insert —
4
In paragraph (3) above “the appropriate authority” means —
a
in the case of any activity carried on in Great Britain, the Secretary of State;
b
in the case of any activity carried on in Northern Ireland, the Department of Enterprise, Trade and Investment in Northern Ireland.
11
In regulation 8 (winding up and conclusion of liquidation), after paragraph (1) insert —
1A
Where an EEIG is wound up as an unregistered company under Part 6 of the Insolvency (Northern Ireland) Order 1989, the provisions of Part 6 shall apply in relation to the EEIG as if —
a
any reference in that Order to a director or past director of a company included a reference to a manager of the EEIG and any other person who has or has had control or management of the EEIG’s business; and
b
in Article 185(1) after “all the provisions” there were inserted “of Council Regulation (EEC) No 2137/85 and”.
12
1
Regulation 9 (registration of EEIG whose official address is in UK ) is amended as follows.
2
In paragraph (1) —
a
for “Great Britain”, in both places where it occurs, substitute “the United Kingdom”;
b
for “the 1985 Act” substitute “the Companies Acts”;
c
in sub-paragraph (a), for “the registrar or other officer performing under that Act the duty of registration of companies in England and Wales” substitute “the registrar of companies for England and Wales”;
d
omit the “and” at the end of that sub-paragraph;
e
in sub-paragraph (b), for “the registrar or other officer performing under that Act the duty of registration of companies in Scotland” substitute “the registrar of companies for Scotland”;
f
after sub-paragraph (b) insert —
c
to the registrar of companies for Northern Ireland, if the contract states that the official address of the EEIG is to be situated in Northern Ireland.
3
In paragraphs (2) and (3), for “Form EEIG 1” substitute “Form EE FM01”.
4
In paragraph (9) —
a
for “Great Britain” substitute “the United Kingdom”;
b
for “Form EEIG 1” substitute “Form EE FM01”.
5
In paragraph (10) —
a
for “Great Britain” substitute “the United Kingdom”;
b
for “Form EEIG 1” substitute “Form EE FM01”;
c
for “Form EEIG 4” substitute “Form EE MP01”.
6
The heading to regulation 9 becomes “Registration of EEIG whose official address is in the United Kingdom”.
13
In regulation 10 (prohibition on registration of certain names), for paragraphs (1) and (2) substitute —
1
An EEIG shall not be registered in the United Kingdom under regulation 9 above by a name which includes —
a
any of the words or abbreviations specified in inverted commas in paragraph 1 of Schedule 2 to the Company and Business Names (Miscellaneous Provisions) Regulations 2009 ;
b
any word or abbreviation specified as similar to a word or abbreviation falling within sub-paragraph (a) above, within the meaning of paragraph 2 of that Schedule;
c
any of the expressions or abbreviations specified in inverted commas in sub-paragraphs (a) to (j) and (l) to (v) of paragraph 3 of that Schedule;
d
any expression or abbreviation specified as similar to an expression or abbreviation falling within sub-paragraph (c) above, within the meaning of paragraph 4 of that Schedule.
1A
The provisions specified in paragraph (1B) below apply to EEIGs registered or in the process of being registered under these Regulations, as if they were companies formed and registered under the 2006 Act or in the process of being registered under the 2006 Act.
1B
The provisions are —
a
section 53 of the 2006 Act (prohibited names);
b
section 54 of that Act (names suggesting connection with government or public authority);
c
section 55 of that Act (other sensitive words or expressions);
d
section 56 of that Act (duty to seek comments of government department or other specified body) and any regulations made by virtue of that section;
e
section 57(3) of that Act (permitted characters etc );
f
section 66(1) of that Act (name not to be the same as another in the index) and any regulations made under that section.
1C
The provisions specified in paragraph (1B) above have effect with the following modifications —
a
any reference to the 2006 Act is to be read as including a reference to these Regulations;
b
the reference in section 56(4)(a) to a director or secretary of the company is to be read as a reference to a manager of the EEIG;
c
any requirement imposed by regulations under section 66 to disregard the words “European Economic Interest Grouping” or the abbreviation “EEIG” where those words or that abbreviation appears in a name —
i
is to apply wherever in the name those words or that abbreviation appears; and
ii
is to be taken to include a requirement to disregard the authorised equivalents of those words or that abbreviation in official languages of the Economic Community other than English.
2
Schedule 3 to these Regulations sets out the authorised equivalents referred to in paragraph (1C)(c)(ii) above.
14
1
Regulation 11 (change of name) is amended as follows.
2
Omit paragraph (1).
3
After that paragraph insert —
1A
Sections 67(1) and 68 of the 2006 Act (power to direct change of name in case of similarity to existing name) apply to EEIGs, and their establishments, registered under these Regulations, as if they were companies formed and registered under the 2006 Act.
1B
In the application of section 68 of the 2006 Act to EEIGs and their establishments —
a
subsection (5) is to be read as if —
i
the reference in paragraph (b) to an officer of the company were a reference to an officer of the EEIG, within the meaning of these Regulations; and
ii
the second sentence were omitted;
b
subsection (6) is to be read as if the reference to a daily default fine were omitted.
4
For paragraphs (2) and (3) substitute —
2
Paragraphs (2A) and (2B) below apply where the registrar receives notice of a change of an EEIG’s name.
2A
If the registrar is satisfied —
a
that the new name complies with the requirements of regulation 10(1) and the provisions applied by regulation 10(1A) above, and
b
that any requirements applying under or by virtue of these Regulations with respect to a change of name are complied with,
the registrar shall enter the new name on the register in place of the former name.
2B
On the registration of the new name, the registrar shall issue a certificate of registration altered to meet the circumstances of the case.
3
A change of an EEIG’s name has effect from the date on which the new certificate of registration is issued.
4
The change does not affect any rights or obligations of the EEIG or render defective any legal proceedings by or against it.
5
Any legal proceedings that might have been continued or commenced against it by its former name may be continued or commenced against it by its new name.
15
1
Regulation 12 (registration of establishment of EEIG whose official address is outside UK) is amended as follows.
2
In paragraph (1) —
a
for “Great Britain” substitute “the United Kingdom”;
b
for “the 1985 Act” substitute “the Companies Acts”.
3
In paragraph (2) —
a
for “Great Britain” substitute “the United Kingdom”;
b
for “or Scotland” substitute “, Scotland or Northern Ireland”;
c
in sub-paragraph (b), for “Form EEIG 2” substitute “Form EE FM02”.
4
In paragraph (3), for “Great Britain” substitute “the United Kingdom”.
5
In paragraph (4), for “Form EEIG 2” substitute “Form EE FM02”.
6
In paragraph (6), for “Great Britain” substitute “the United Kingdom”.
16
After regulation 12 insert —
Registration under alternative name
12A
1
This regulation applies to an EEIG —
a
whose official address is outside the United Kingdom, and
b
which has an establishment that is registered or is in the process of being registered under regulation 12 above.
2
The EEIG may at any time deliver to the registrar for registration a statement in Form EE NM01 specifying a name, other than its grouping name, under which it proposes to carry on business in the United Kingdom.
3
An EEIG that has registered an alternative name under paragraph (2) may at any time deliver to the registrar for registration a statement in Form EE NM02 specifying a different name under which it proposes to carry on business in the United Kingdom (which may be its grouping name or a further alternative) in substitution for the name previously registered.
4
The alternative name for the time being registered under this regulation is treated for all purposes of the law applying in the United Kingdom as the EEIG’s grouping name.
5
This does not —
a
affect the references in this regulation to the EEIG’s grouping name,
b
affect any rights or obligations of the EEIG, or
c
render defective any legal proceedings by or against the EEIG.
6
Any legal proceedings that might have been continued or commenced against the EEIG by its grouping name, or any name previously registered under this regulation, may be continued or commenced against it by its name for the time being so registered.
7
Any reference in this regulation to the “grouping name” of an EEIG is a reference to the name of the EEIG referred to in the contract for its formation.
17
1
Regulation 13 (filing of documents) is amended as follows.
2
For paragraph (1) substitute —
1
This regulation applies to the documents and particulars which —
a
are referred to in paragraphs (a) to (j) of Article 7 of the EC Regulation, and
b
are required to be filed under that Article in the United Kingdom.
1A
The documents and particulars to which this regulation applies shall be filed —
a
in the case of an EEIG whose official address is in the United Kingdom, within 15 days of the event to which the document in question relates;
b
in the case of an EEIG whose official address is outside the United Kingdom, within 30 days of such event.
1B
In the case of each paragraph listed in the first column of Table 1 below, the documents and particulars referred to in that paragraph shall be filed by delivering to the registrar for registration a notice which —
a
is in the Form specified in the second column of that Table, and
b
contains the matters specified in the third column of that Table.
Table 1
Relevant paragraph of Article 7 Form in which notice to be given Content of notice Where official address of EEIG is in the United Kingdom
Paragraphs (a), (c) and (e) to (j) EE MP01 The documents and particulars referred to in Form EE MP01 Paragraph (b) EE MP02 Notice of the setting up or closure of an establishment of an EEIG in the United Kingdom Paragraph (d) EE AP01 (in the case of any manager who is an individual)
EE AP02 (in the case of any manager who is not)
The following details (the “managerial details”) —
the names of the managers;
the particulars referred to in regulation 5(3) above;
particulars of whether the managers may act alone or must act jointly
Paragraph (d) EE CH01 (in the case of any manager who is an individual)
EE CH02 (in the case of any manager who is not)
Any changes in the managerial details Paragraph (d) EE TM01 Notice of the termination of any manager’s appointment Where official address of EEIG is outside the United Kingdom Paragraphs (a) and (c) to (j) EE MP01 The documents and particulars referred to in Form EE MP01 Paragraph (b) EE MP02 Notice of —
the setting up of an establishment of an EEIG in the United Kingdom, in any case where an establishment of the EEIG is already registered in the United Kingdom under regulation 12(1) above, or
the closure of an establishment of an EEIG in the United Kingdom
1C
Any notice that is delivered to the registrar in accordance with paragraph (1B) above shall be accompanied by a certified translation into English of any documents and particulars to which the notice relates, or any part of those documents and particulars, which are not in English.
3
In paragraph (3), for “paragraph (1) above” substitute “this regulation”.
18
Omit regulation 17 (application of the Business Names Act 1985).
19
1
Regulation 18 (application of provisions of the Companies Acts) is amended as follows.
2
In paragraph (1), for “the 1985 Act” substitute “the 2006 Act”.
3
In paragraph (2) —
a
in sub-paragraph (a), after “the 1985 Act” insert “, the 2006 Act”;
b
after sub-paragraph (b) insert —
ba
any reference to the register is to be read as a reference to the EEIG register;
bb
any reference to an officer of a company is to be read as a reference to an officer of an EEIG, within the meaning of these Regulations;
.
4
After paragraph (3) insert —
4
In this regulation “the EEIG register” means —
a
the documents and particulars required to be kept by the registrar under these Regulations; and
b
the records falling within section 1080(1) of the 2006 Act which relate to EEIGs or their establishments.
5
This regulation does not affect the application of provisions of the Companies Acts to EEIGs or their establishments otherwise than by virtue of this regulation.
20
1
Regulation 19 (application of Insolvency Act 1986 ) is amended as follows.
2
In paragraph (1) —
a
after “Regulations” insert “in England and Wales or Scotland”;
b
for “the 1985 Act” substitute “the 2006 Act”.
3
After paragraph (1) insert —
1A
Part 4 of the Insolvency (Northern Ireland) Order 1989 shall apply to EEIGs, and their establishments, registered under these Regulations in Northern Ireland, as if they were companies registered under the 2006 Act.
4
In consequence of the amendments made by this regulation, the heading to regulation 19 becomes “ Application of insolvency legislation ”.
21
1
Regulation 20 (application of the Company Directors Disqualification Act 1986 ) is amended as follows.
2
The existing provision is renumbered as paragraph (1).
3
In paragraph (1), for “4 to 11” substitute “4 to 7, 8, 9, 10, 11”.
4
After that paragraph insert —
2
Where an EEIG is wound up as an unregistered company under Part 6 of the Insolvency (Northern Ireland) Order 1989 the provisions of Articles 2(2) to (6), 3, 5, 7 to 11, 13, 14, 15, 16(2), 19 to 21 and 23 of, and Schedule 1 to, the Company Directors Disqualification (Northern Ireland) Order 2002 shall apply in relation to the EEIG as if —
a
any reference to a director or past director of a company included a reference to a manager of the EEIG and any other person who has or has had control or management of the EEIG’s business; and
b
the EEIG were a company as defined by Article 2(2) of that Order.
5
In consequence of the amendments made by this regulation, the heading to regulation 20 becomes “ Application of legislation relating to disqualification of directors ”.
22
For Schedule 2 (forms relating to EEIGs) substitute the Schedule set out in the Schedule to these Regulations.
23
1
Schedule 4 (provisions of Companies Acts applying to EEIGs and their establishments) is amended as follows.
2
In Part 1 (provisions of Companies Act 1985 ) —
a
omit paragraphs 1 to 4;
b
in paragraph 5, for “section 432(1) and (2)” substitute “section 432(1), (2) and (2A)”;
c
in paragraph 8, for “437 to 439” substitute “437 and 439”;
d
in paragraph 10 —
i
for “section 447” substitute “sections 447 and 447A”;
ii
omit the words from “as if paragraph (1)(d)” to the end;
e
omit paragraphs 14 to 23.
3
In Part 2 (provisions of Companies Act 2006), for paragraphs 1 and 2 substitute —
25
Section 75 (provision of misleading information etc), as if the second sentence of subsection (5) were omitted.
26
Part 25 (company charges).
27
Section 993 (offence of fraudulent trading).
28
Section 1066(2) to (4) (registered numbers).
29
Section 1081 (annotation of the register), as if —
a
after subsection (1) there were inserted —
1A
Where it appears to the registrar that material on the register is misleading or confusing, the registrar may place a note in the register containing such information as appears to the registrar to be necessary to remedy, as far as possible, the misleading or confusing nature of the material.
, and
b
subsection (5) were omitted.
30
Section 1082 (allocation of unique identifiers), as if —
a
the reference in subsection (1)(a) to a director of a company were a reference to a manager of an EEIG, and
b
paragraphs (b) and (c) of subsection (1) were omitted.
31
Section 1084 (records relating to companies that have been dissolved etc), as if subsection (4) were omitted.
32
In section 1087 (material not available for public inspection) —
a
subsection (1)(a) and (d), and
b
subsections (2) and (3), so far as relating to material falling within paragraph (a) or (d) of subsection (1).
33
Section 1089(1) (form of application for inspection or copy), as if —
a
the reference to inspection under section 1085 were a reference to inspection under regulation 14(a) above, and
b
the reference to a copy under section 1086 were a reference to a copy or extract under regulation 14(b) above.
34
Section 1090(4) (power to determine form and manner in which copies to be provided), as if —
a
for “the preceding provisions of this section” there were substituted “Article 39(1) of Council Regulation (EEC) No 2137/85 ”, and
b
the reference to copies being provided were a reference to copies or extracts being provided under regulation 14(b) above.
35
Section 1091 (certification of copies as accurate), as if —
a
any reference in that section to copies were a reference to copies or extracts,
b
any reference to section 1086 were a reference to regulation 14(b) above,
c
subsections (2) and (4) were omitted, and
d
in subsection (5) the words preceding “copies” were omitted.
36
Section 1094 (administrative removal of material from the register), as if —
a
the reference in subsection (2) to section 1093 were omitted, and
b
in subsection (3)(a), sub-paragraphs (iii) to (vii) were omitted.
37
Section 1112 (general false statement offence).
38
Section 1117 (registrar’s rules), so far as relating to sections 1066(2), 1089(1) and 1090(4).
39
The following provisions of Part 36 (offences), so far as relating to offences under sections applied by these Regulations —
a
section 1121 (liability of officer in default), as if subsection (2) were omitted;
b
section 1122 (liability of company as officer in default), as if the words ““officer” and” in subsection (3) were omitted;
c
sections 1126 to 1130 (consents for prosecutions, venue and time limit for summary proceedings, privilege and unincorporated bodies);
d
section 1132 (production and inspection of documents where offence suspected), as if the reference in subsection (3)(b) to the secretary of the company were omitted;
e
section 1133 (provisions not to apply to offences committed before commencement).
40
Sections 1139 to 1141 (service addresses), as if the reference in section 1140(2)(a) to a director or secretary of a company were a reference to a manager of an EEIG.
Amendment of the Registrar of Companies and Applications for Striking Off Regulations 2009
24
In regulation 8 of the Registrar of Companies and Applications for Striking Off Regulations 2009 (permitted characters and symbols for names and addresses in documents delivered to the registrar), in paragraph (2), after sub-paragraph (j) insert —
k
a contract for the formation of a European Economic Interest Grouping;
l
an amendment to such a contract.
Davies of Abersoch
Minister for Trade, Investment and Business,
Department for Business, Innovation and Skills
4th September 2009


text:
Citation and interpretation
1
1
This Order may be cited as the Child Maintenance and Other Payments Act 2008 (Commencement No. 6) Order 2009.
2
In this Order, any reference to a numbered section is a reference to a section of the Child Maintenance and Other Payments Act 2008.
Appointed day
2
1
Section 31 (power to treat liability as satisfied) comes into force on 26th November 2009 for the purpose of making regulations and on 25th January 2010 for all other purposes.
2
Section 38 (recovery of arrears from deceased’s estate) comes into force on 26th November 2009.
Signed by authority of the Secretary of State for Work and Pensions,
Helen Goodman
Parliamentary Under-Secretary of State.
Department for Work and Pensions
23rd November 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the High Court and County Courts Jurisdiction (Amendment) Order 2009 and shall come into force on 6th April 2009.
2
In this Order “the 1991 Order ” means the High Court and County Courts Jurisdiction Order 1991 and an article referred to by number alone means the article so numbered in the 1991 Order.
Amendments to the 1991 Order
2
For article 4A substitute —
4A
Except for proceedings to which article 5 applies, a claim for money in which the county courts have jurisdiction may only be commenced in the High Court if the value of the claim is more than £25,000.
.
3
In article 5(1) omit “financial”.
4
In article 8, after paragraph (1A) insert —
2
Subject to paragraph (3), where —
a
an enactment provides that a sum of money shall be or may be recoverable as if it were payable under a county court order; and
b
the recovery of that sum is sought wholly or partially by execution against goods,
payment of that sum shall be enforced in accordance with paragraphs (1)(a) to (c).
3
Paragraph (1)(b) does not apply to the enforcement of —
a
a sum of money recoverable under section 15(1) of the Employment Tribunals Act 1996 ; or
b
a compromise sum which is recoverable under section 19A(3) of that Act.
.
5
In article 8A —
1
in paragraph (1)(a) —
a
at the end of sub-paragraph (i) omit “and”;
b
after sub-paragraph (ii) insert —
iii
regulation 17 of the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 ;
iv
regulation 21 of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007 ; and
v
regulation 13 of the Civil Enforcement of Parking Contraventions (Penalty Charge Notices, Enforcement and Adjudication) (Wales) Regulations 2008 ;
;
c
at the end of sub-paragraph (b) omit “and”;
d
for sub-paragraph (c) substitute —
c
amounts payable by a person other than a local authority under an adjudication pursuant to —
i
the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001;
ii
the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 ; and
iii
the Civil Enforcement of Parking Contraventions (Representations and Appeals) (Wales) Regulations 2008 ; and
; and
e
after sub-paragraph (c) but before “shall be taken at Northampton County Court” insert —
d
increased fixed penalties referred to in —
i
regulation 17(6) of the Road Traffic (Vehicle Emissions) (Fixed Penalty) (England) Regulations 2002 ; and
ii
regulation 17(6) of the Road Traffic (Vehicle Emissions) (Fixed Penalty) (Wales) Regulations 2003 ,
;
2
in paragraph (2) omit “and expressions which are used in the 1991 Act have the same meaning in this article as they have in that Act”; and
3
in paragraph (3)(a) for “London authority” substitute “London borough council, the Common Council of the City of London, Transport for London”.
6
In the heading to article 9 omit “Financial” and for “value” substitute “Value”.
7
In article 9 omit “financial”.
Transitional Provision
8
The amendments made by articles 2, 3, 6 and 7 of this Order have effect only in relation to proceedings issued on or after 6th April 2009, and in relation to proceedings issued before that date the 1991 Order in force immediately before 6th April 2009 shall have effect as if it had not been amended.
Signed by authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
4th March 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Service Departments Registers (Amendment) Order 2009 and shall come into force on 1st September 2009.
2
In this Order —
“the principal Order ” means the Service Departments Registers Order 1959 ;
“required form” means such form as may be provided by the Registrar General of England and Wales who is appointed under section 1 of the Registration Service Act 1953 .
Amendment of article 3A of the principal Order
2
Article 3A of the principal Order is amended as follows —
1
For the heading to the article substitute “Registration of father or second woman as parent”.
2
In paragraph (1)(b)(i) for the words “prescribed form” substitute “required form”.
3
In paragraph (1)(c)(i) and (1)(g)(ii) for the words “prescribed form” substitute “required form made”.
4
In paragraph (1) for sub-paragraphs (d) to (f) substitute —
d
at the request of the mother or that person —
i
on production of —
aa
a copy of any agreement made between them under section 4(1)(b) of the Children Act 1989 in relation to the child; and
bb
a declaration in the required form made by the person making the request stating that the agreement was made in compliance with section 4 of that Act and has not been brought to an end by an order of a court; or
ii
on production of —
aa
a copy of any agreement made between them under section 4(1) of the Children (Scotland) Act 1995 giving that person parental responsibility for the child; and
bb
a declaration in the required form made by the person making the request stating that the agreement was made in compliance with section 4 of that Act and has not been brought to an end by an order of a court; or
e
at the request of the mother or that person —
i
on production of —
aa
a certified copy of an order under section 4(1)(c) of the Children Act 1989 giving that person parental responsibility for the child; and
bb
a declaration in the required form made by the person making the request stating that the order has not been brought to an end by an order of a court; or
ii
on production of —
aa
a certified copy of an order under section 11(1) of the Children (Scotland) Act 1995 giving that person parental responsibility for the child; and
bb
a declaration in the required form made by the person making the request stating that the order has not been brought to an end by an order of a court; or
f
at the request of the mother or that person —
i
on production of —
aa
a certified copy of an order under paragraph 1 of Schedule 1 to the Children Act 1989 which requires that person to make any financial provision for the child and which is not an order falling within paragraph 4(3) of that Schedule; and
bb
a declaration in the required form made by the person making the request stating that the order has not been discharged by an order of a court; or
ii
on production of —
aa
a certified copy of an order under section 3(1) of the Family Law (Scotland) Act 1985 which requires that person to make any financial provision for the child; and
bb
a declaration in the required form made by the person making the request stating that the order has not been discharged by an order of a court; or
.
5
After paragraph (3) insert —
3A
Notwithstanding anything in the foregoing provisions of this Order and subject to article 3B, in the case of a child to whom section 1(3) of the Family Law Reform Act 1987 does not apply, no woman who is a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 (“P”) shall be required to give information concerning the birth of the child, and a registering officer shall not enter in the register provided under this Order the name of any woman as a parent of the child by virtue of that section except —
a
at the joint request of the mother and P (in which case P shall sign the register together with the mother); or
b
at the request of the mother on production of —
i
a declaration in the required form made by her stating that P is a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008; and
ii
a statutory declaration made by P stating herself to be a parent of the child by virtue of section 43 of that Act; or
c
at the request of P on production of —
i
a declaration in the required form made by her stating that she is a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008; and
ii
a statutory declaration made by the mother stating that P is a parent of the child by virtue of section 43 of that Act; or
d
at the request of the mother or P —
i
on production of —
aa
a copy of any agreement made between them under section 4ZA(1)(b) of the Children Act 1989 in relation to the child; and
bb
a declaration in the required form made by the person making the request stating that the agreement was made in compliance with section 4 of that Act and has not been brought to an end by an order of a court; or
ii
on production of —
aa
a copy of any agreement made between them under section 4A(1) of the Children (Scotland) Act 1995 in relation to the child; and
bb
a declaration in the required form made by the person making the request stating that the agreement was made in compliance with section 4 of that Act and has not been brought to an end by an order of a court; or
e
at the request of the mother or P —
i
on production of —
aa
a certified copy of an order under section 4ZA(1)(c)of the Children Act 1989 giving P parental responsibility for the child; and
bb
a declaration in the required form made by the person making the request stating that the order has not been brought to an end by an order of a court; or
ii
on production of —
aa
a certified copy of an order under section 11 of the Children (Scotland) Act 1995 giving P parental responsibility for the child; and
bb
a declaration in the required form made by the person making the request stating that the order has not been brought to an end by an order of a court; or
f
at the request of the mother or P —
i
on production of —
aa
a certified copy of an order under paragraph 1 of Schedule 1 to the Children Act 1989 which requires P to make any financial provision for the child and which is not an order falling within paragraph 4(3) of that Schedule; and
bb
a declaration in the required form made by the person making the request stating that the order has not been discharged by an order of a court; or
ii
on production of —
aa
certified copy of an order under section 3(1) of the Family Law (Scotland) Act 1985 which requires P to make any financial provision for the child; and
bb
a declaration in the required form made by the person making the request stating that the order has not been discharged by an order of a court;
and in this paragraph “mother” has the same meaning as in section 33 of the Human Fertilisation and Embryology Act 2008.
3B
Where, in the case of a child to whom section 1(3) of the Family Law Reform Act 1987 does not apply, a person stating herself to be a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 makes a request to a registering officer in accordance with any of sub-paragraphs (c) to (f) of paragraph (3A) —
a
she shall be treated as a qualified informant concerning the birth of the child for the purposes of this Order; and
b
the giving of information concerning the birth of the child by that person and the signing of the register provided under this Order by her in the presence of a registering officer shall act as a discharge of any duty of any other qualified informant under article 3 of this Order.
.
Amendment of article 3B of the principal Order
3
Article 3B of the principal Order is amended as follows —
1
For the heading to the article substitute “Registration of father or second woman as parent”.
2
For paragraph (1) substitute —
1
Notwithstanding anything in the foregoing provisions of this Order, a registering officer shall not enter in a register provided under this Order —
a
as the father of a child the name of a man who is to be treated for that purpose as the father of the child by virtue of section 39(1) or 40(1) or (2) of the Human Fertilisation and Embryology Act 2008 (circumstances in which man to be treated as father of child for purposes of registration of birth where fertility treatment undertaken after his death), or
b
as a parent of the child, the name of a woman who is to be treated for that purpose as a parent of the child by virtue of section 46(1) or (2) of that Act (circumstances in which woman to be treated as parent of child for purposes of registration of birth where fertility treatment undertaken after her death),
unless the condition in paragraph (2) of this article is satisfied.
.
3
In paragraph (3) for “28(5A), (5B), (5C) or (as the case may be) (5D) of the Human Fertilisation and Embryology Act 1990;” substitute “39(1) or 40(1) or (2) or 46(1) or (2) (as the case may be) of the Human Fertilisation and Embryology Act 2008;”.
Judith Simpson
Clerk of the Privy Council


text:
Citation
1
This Order may be cited as the Capital Gains Tax (Annual Exempt Amount) Order 2009.
Exempt amount of capital gains for 2009-10
2
The amount specified as the exempt amount for the tax year 2009-10 by virtue of section 3 of the Taxation of Chargeable Gains Act 1992 is, unless Parliament otherwise determines, £10,100.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
31st March 2009


text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2009 and comes into force on 13th July 2009.
Amendments to the Regulated Activities Order
2
The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 is amended as follows.
Specified activities: general
3
In paragraph (2) of article 4 (specified activities: general), for “51 and 52” substitute “51, 52 and 63N”.
Activities of reclaim funds
4
After article 63M (other exclusions) insert —
CHAPTER 15D
ACTIVITIES OF RECLAIM FUNDS
The activities
Dormant account funds
63N
1
The following are specified kinds of activity —
a
the meeting of repayment claims by a reclaim fund;
b
the management of dormant account funds (including the investment of such funds) by a reclaim fund.
2
In this article —
“account”, “balance”, “dormant” and “reclaim fund” have the same meaning as in Part 1 of the Dormant Bank and Building Society Accounts Act 2008 (transfer of balances in dormant accounts) (see section 6 of that Act);
“dormant account funds” and “repayment claims” have the same meaning as in section 5 of that Act;
“management of dormant account funds” means the acceptance of a transfer from a bank or building society of the balance of a dormant account, or a proportion of such a balance, and the management of those funds in such a way as to enable the reclaim fund to meet whatever repayment claims it is prudent to anticipate.
.
Agreeing to carry on specified kinds of activity
5
In article 64 (agreeing to carry on specified kinds of activity), for “51 or 52” substitute “51, 52 or 63N”.
Frank Roy
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
10th June 2009


text:
Title, application and commencement
1
These Regulations may be cited as the Contaminants in Food (England) Regulations 2009, apply in relation to England only and come into force on 1st July 2009.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“authorised officer” means any person who is authorised in writing, either generally or specifically, by a food authority or as the case may be a port health authority to act in matters arising under these Regulations;
“the Commission Regulation” means Commission Regulation (EC) No. 1881/2006 setting maximum levels for certain contaminants in foodstuffs ;
“Commission Regulation 629/2008” means Commission Regulation (EC) No. 629/2008 amending Regulation (EC) No 1881/2006 setting maximum levels for certain contaminants in foodstuffs ;
“Commission Regulation 124/2009” means Commission Regulation (EC) No. 124/2009 setting maximum levels for the presence of coccidiostats or histomonostats in food resulting from the unavoidable carry-over of these substances in non-target feed ;
“food authority” does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple) nor a port health authority;
“port health authority” means —
in relation to the London port health district (within the meaning given to that phrase for the purposes of the Public Health (Control of Disease) Act 1984 by section 7(1) of that Act), the Common Council of the City of London; and
in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act.
2
Any other expression used in these Regulations and in the Commission Regulation or in Commission Regulation 124/2009 has the same meaning in these Regulations as it bears in those Regulations.
3
Unless indicated otherwise, any reference to a numbered Article is a reference to the Article so numbered in the Commission Regulation.
4
Any reference to the Annex is a reference to the Annex to the Commission Regulation as that Annex may be amended from time to time, and any reference to the Commission Regulation is to be construed accordingly.
Offences and penalties
3
1
Subject to the transitional arrangements contained in Article 11 and in Article 2 of Commission Regulation 629/2008, a person who contravenes or fails to comply with any of the Community provisions specified in paragraph (2) is guilty of an offence.
2
The provisions mentioned in paragraph (1) are —
a
Article 1(1), (prohibition on the placing on the market of foodstuffs containing contaminants in excess of prescribed limits contained in the Annex), as read with the Annex and, in the case of groundnuts, nuts, dried fruit and maize, with Article 4;
b
Article 3 (prohibitions on use, mixing and detoxification);
c
Article 1(1) of Commission Regulation 124/2009 (prohibitions on marketing or mixing foods containing coccidiostats or histomonstats at levels in excess of prescribed limits).
3
Anyone convicted of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Enforcement and competent authorities
4
1
It shall be the duty of each food authority within its area and each port health authority within its district to execute and enforce these Regulations, the Commission Regulation and Commission Regulation 124/2009.
2
The competent authority for the purposes of —
a
Article 2(2) (justification by food business operators of concentration or dilution factors), and
b
Article 1(1) of Commission Regulation 124/2009 (relating to the duty to investigate the reasons for the contamination)
is the authority having the duty to enforce under paragraph (1).
Application of various sections of the Food Safety Act 1990
5
1
The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof 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 section 33(1)(b) 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).
2
Subject to paragraph (3), section 9 of the Act (inspection and seizure of suspected food) shall apply for the purposes of these Regulations as if it read as follows —
9
1
An authorised officer of a food authority may at all reasonable times inspect any food intended for human consumption which has been placed on the market and subsections (2) to (7) below shall apply where, on such an inspection, it appears to the authorised officer that the placing on the market of any food fails to comply with the requirements specified in regulation 3(2)(a) and (c) of the Contaminants in Food (England) Regulations 2009, (“the Community requirements”).
2
The authorised officer may either —
a
give notice to the person in charge of the food that, until the notice is withdrawn, the food or any specified portion of it —
i
is not to be used for human consumption, and
ii
either is not to be removed or is to be removed to a place at which there are facilities to carry out sampling in the manner required by law; or
b
seize the food and remove it in order to have it dealt with by a justice of the peace.
3
Where the authorised officer exercises the power conferred by subsection (2)(a) above, that officer shall, as soon as is reasonably practicable and in any event within 21 days, determine whether or not the food complies with the Community requirements and —
a
if satisfied that it does comply, shall forthwith withdraw the notice;
b
if not so satisfied, shall seize the food and remove it in order to have it dealt with by a justice of the peace.
4
Where an authorised officer exercises the powers conferred by subsection (2)(b) or (3)(b) above, the officer shall inform the person in charge of the food of the intention to have it dealt with by a justice of the peace and —
a
any person who in connection with regulation 3(2)(a) or (c) of the above Regulations might be liable to a prosecution in respect of the food shall, if that person attends before the justice of the peace by whom the food falls to be dealt with, be entitled to be heard and to call witnesses; and
b
that justice of the peace may, but need not, be a member of the court before which any person is proceeded against for an offence in connection with regulation 3(2)(a) or (c) of the above Regulations in relation to that food.
5
If it appears to a justice of the peace, on the basis of such evidence as the justice considers appropriate in the circumstances, that any food falling to be dealt with under this section fails to comply with the Community requirements the justice shall condemn the food and order —
a
the food to be destroyed or to be so disposed of as to prevent it from being used for human consumption; and
b
any expenses reasonably incurred in connection with the destruction or disposal to be defrayed by the owner of the food.
6
If a notice under subsection (2)(a) above is withdrawn, or the justice of the peace by whom any food falls to be dealt with under this section refuses to condemn it, the food authority shall compensate the owner of the food for any depreciation in its value resulting from the action taken by the authorised officer.
7
Any disputed question as to the right to or the amount of any compensation payable under subsection (6) above shall be determined by arbitration.
8
Any person who knowingly contravenes the requirements of a notice under subsection (2)(a) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
.
3
The expressions “authorised officer” and “food authority” which are used in section 9 of the Act so far as it applies for the purposes of these Regulations by virtue of paragraph (2), shall, for those purposes, bear the meanings that those expressions respectively bear in these Regulations.
Consequential amendment
6
In Schedule 1 (provisions to which those Regulations do not apply) to the Food Safety (Sampling and Qualifications) Regulations 1990 in so far as they apply in relation to England, for the entry relating to the Contaminants in Food (England) Regulations 2007 there is substituted the following entry —
The Contaminants in Food (England) Regulations 2009 (to the extent that a sample falls to be prepared and analysed in accordance with the Commission Regulation as that expression is defined in those Regulations) S.I. 2009/1223 .
Revocations
7
The following instruments are revoked —
a
the Contaminants in Food (England) Regulations 2007;
b
the Contaminants in Food (England) (Amendment) (No.2) Regulations 2007 .
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
14th May 2009


text:
Citation and commencement
1
This Order may be cited as the Pensions Act 2008 (Abolition of Safeguarded Rights) (Consequential) Order 2009 and shall come into force on 6th April 2009.
Amendment of the Personal Pension Schemes (Disclosure of Information) Regulations 1987
2
1
The Personal Pension Schemes (Disclosure of Information) Regulations 1987 are amended in accordance with this article.
2
In regulation 1(2) (interpretation), omit the definition of “safeguarded rights”.
3
In regulation 5 (information to be made available to individuals) —
a
in paragraph (3), omit “or no safeguarded rights”, and
b
in paragraph (4), omit “or safeguarded rights” in both places it occurs.
4
In Schedule 1 (basic information about the scheme) in paragraphs 12 and 13, omit “or safeguarded rights”.
5
In Schedule 2 (information to be made available to individuals) in paragraphs 4 and 11, omit “or safeguarded rights”.
Amendment of the Occupational Pension Schemes (Contracting-out) Regulations 1996
3
1
The Occupational Pension Schemes (Contracting-out) Regulations 1996 are amended in accordance with this article.
2
In regulation 1(2) (interpretation) , omit the definition of “safeguarded rights”.
3
In regulation 23(d) (requirements for meeting the statutory standard) , omit sub-paragraph (ii) and the word “or” immediately preceding it.
4
In regulation 39 (circumstances in which schemes may change mode of contracting-out) —
a
in paragraph (1), omit “and any safeguarded rights”, and
b
in paragraph (2), for “, section 9(2B) rights and any safeguarded rights” substitute “and section 9(2B) rights”.
5
In regulation 63(2)(aa) (provision of information about guaranteed minimum pensions) , for “, protected rights or safeguarded rights” substitute “or protected rights”.
6
In regulation 73(b) (transitional arrangements and savings for salary-related schemes which have begun winding up before the principal appointed day) , omit “and any liabilities in respect of safeguarded rights under section 68A of that Act”.
7
In regulation 76A (transitional arrangements for schemes contracted-out under section 9(2) of the 1993 Act to become contracted-out under section 9(3) of that Act) , for paragraph (3) substitute —
3
Where this regulation applies, sections 50, 52 and 53 of that Act (approval of arrangements for, and supervision of, schemes which cease to be contracted-out) as they apply in relation to the guaranteed minimum pensions provided under the scheme shall be modified so as to have effect as if those pensions were provided under a separate scheme which had ceased to be certified as a contracted-out scheme immediately before the principal appointed day.
.
Amendment of the Occupational Pension Schemes (Disclosure of Information) Regulations 1996
4
1
The Occupational Pension Schemes (Disclosure of Information) Regulations 1996 are amended in accordance with this article.
2
In Schedule 2 (information to be made available to individuals) —
a
for paragraph 6AA(a), substitute —
a
The value of the pension credit member’s accrued rights under the scheme at a specified date.
,
b
in paragraph 9, omit “or safeguarded rights, as the case may be”, and
c
in paragraph 10, omit “or safeguarded rights” in both places it occurs.
Amendment of the Occupational Pension Schemes (Mixed Benefit Contracted-out Schemes) Regulations 1996
5
1
The Occupational Pension Schemes (Mixed Benefit Contracted-out Schemes) Regulations 1996 are amended in accordance with this article.
2
In regulation 4 (transfer of guaranteed minimum pensions, section 9(2B) rights and protected rights between parts of a relevant scheme) —
a
omit paragraph (1)(c),
b
in paragraph (2) —
i
omit “or the safeguarded rights of a relevant transferee”,
ii
in sub-paragraph (b), omit “or, as the case may be, the relevant transferee”, and
iii
in sub-paragraph (c), for “, section 9(2B) rights or, as the case may be, safeguarded rights” substitute “or section 9(2B) rights”, and
c
omit paragraph (3).
Amendment of the Personal Pension Schemes (Appropriate Schemes) Regulations 1997
6
1
The Personal Pension Schemes (Appropriate Schemes) Regulations 1997 are amended in accordance with this article.
2
In regulation 8 (applications for the variation of, and to surrender, appropriate scheme certificates) —
a
omit paragraph (2)(c) and the word “and” immediately preceding it, and
b
omit paragraph (2A).
Amendment of the Pension Sharing (Implementation and Discharge of Liability) Regulations 2000
7
1
The Pension Sharing (Implementation and Discharge of Liability) Regulations 2000 are amended in accordance with this article.
2
In regulation 1(2) (interpretation), omit the definition of “safeguarded rights”.
3
Omit regulation 13 (disqualification as a destination for pension credit – contracted-out or safeguarded rights) .
Amendment of the Pension Sharing (Pension Credit Benefit) Regulations 2000
8
1
The Pension Sharing (Pension Credit Benefit) Regulations 2000 are amended in accordance with this article.
2
In regulation 1(2) (interpretation), omit the definition of “safeguarded rights”.
3
In regulation 10 (transfer of a person’s pension credit rights without consent) , omit paragraph (9).
4
Omit —
a
regulation 16 (transfer payments in respect of safeguarded rights – general),
b
regulation 17 (transfer payments to money purchase contracted-out schemes and appropriate schemes),
c
regulation 18 (transfer payments to salary related contracted-out schemes), and
d
regulation 19 (transfer payments to overseas schemes or overseas arrangements) .
5
In regulation 20 (requirements to be met by annuities), for “Subject to regulation 19, the prescribed” substitute “The prescribed”.
6
In regulation 21 (requirements of other pension arrangements) —
a
in paragraph (1)(a), add “or” at the end,
b
omit paragraph (1)(b), and
c
in paragraph (3), for “paragraph (1)(b) and (c)” substitute “paragraph (1)(c)”.
7
In regulation 22 (requirements to be met by an eligible scheme) , omit sub-paragraph (a) of paragraph (1).
8
In regulation 35 (definition of eligible pension credit rights) , omit paragraph (2)(b) and the word “or” immediately preceding it.
Revocation of the Pension Sharing (Safeguarded Rights) Regulations 2000
9
The Pension Sharing (Safeguarded Rights) Regulations 2000 are revoked.
Amendment of the Occupational and Personal Pension Schemes (Pension Liberation) Regulations 2005
10
1
The Occupational and Personal Pension Schemes (Pension Liberation) Regulations 2005 are amended in accordance with this article.
2
In regulation 2(3) (modification of references to “transfer” in the 1993 Act) —
a
omit “, 68A” and “safeguarded rights;”, and
b
for “any” in the second place it occurs substitute “either”.
Amendment of the Occupational Pension Schemes (Cross-border Activities) Regulations 2005
11
1
The Occupational Pension Schemes (Cross-border Activities) Regulations 2005 are amended in accordance with this article.
2
In Schedule 2 (modifications of pensions legislation, and relevant legal requirements for the purposes of section 293) in paragraph 5 in Table 4, omit row 10 .
Amendment of the Employment Equality (Age) Regulations 2006
12
1
The Employment Equality (Age) Regulations 2006 are amended in accordance with this article.
2
In Schedule 2 (pension schemes) in paragraph 1(5) (interpretation) in the definition of “contracted-out rights” , omit “but not safeguarded rights (within the meaning of section 68A of the Pension Schemes Act 1993)”.
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
10th March 2009