text:
Title and commencement
1
These Regulations may be cited as the Seed Marketing (Amendment) Regulations 2011 and come into force on 6th January 2012.
Amendments to the Seed Marketing Regulations 2011
2
The Seed Marketing Regulations 2011 are amended as follows.
Regulation 3 (interpretation of other terms)
3
In regulation 3 —
a
at the end of paragraph (2)(f), omit “and”;
b
at the end of paragraph (2)(g), insert —
and
h
Commission Directive 2010/60/EU providing for certain derogations for marketing of fodder plant seed mixtures intended for use in the preservation of the natural environment,
.
Regulation 18 (mixtures of seed)
4
In regulation 18, for footnote (ii) to the table headed “permitted mixtures”, substitute the following footnote —
ii
A mixture of different varieties of standard seed of the same species must be marketed in a package containing not more than 5kg of seed (in the case of legumes), 500g of seed (in the case of asparagus, beetroot, carrot, chard or spinach beet, gourd, marrow, onion, radish, spinach or turnip) or 100g of seed (in the case of any other species)
.
Review
5
After regulation 33, insert —
Review
33A
1
The Secretary of State must from time to time —
a
carry out a review of these Regulations;
b
set out the conclusions of the review in a report; and
c
publish the report.
2
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Directives referred to in regulation 3(2) are implemented in other member States.
3
The report must in particular —
a
set out the objectives intended to be achieved by the regulatory system established by these Regulations;
b
assess the extent to which those objectives are achieved; and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
4
The first report under this regulation must be published before the end of the period of five years beginning on 6th January 2012.
5
Reports under this regulation are afterwards to be published at intervals not exceeding five years.
.
Schedule 2 (certification requirements)
6
In Schedule 2, for paragraph 45(2), substitute —
2
The seed may be a mixture of different varieties of the same vegetable species provided that each variety in the mixture is standard seed.
.
Schedule 3 (labelling and loose sales)
7
1
Schedule 3 is amended as follows.
2
For “ EC rules and standards” and “EC Rules and standards”, wherever they appear, substitute “EU rules and standards”.
3
In paragraph 1(2), for “Part 3” substitute “Part 4”.
4
In paragraph 25 —
a
omit sub-paragraph (2)(d);
b
in sub-paragraph (4) —
i
after “must appear on the label”, insert “on a package of standard seed (other than a mixture of different varieties of standard seed of the same species) and certified seed”;
ii
in paragraph (j), for “of pure” substitute “or pure”;
c
at the end of sub-paragraph (4), insert —
5
The following must appear on the label on a package of a mixture of different varieties of standard seed of the same species —
a
the words “EU rules and standards”;
b
the name, address and identification number of the person affixing the label;
c
the year of sealing expressed as “sealed...[year]” or the year of the last sampling for the purposes of the last testing of germination expressed as “sampled...[year]” (the words “use before...[date]” may be added);
d
the words “mixture of varieties of...[name of the species]”;
e
the varieties;
f
the proportion of the varieties, expressed as net weight or as the number of seeds;
g
the reference number given by the person responsible for affixing the labels;
h
the net or gross weight or the number of seeds;
i
where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of clusters or pure seeds and the total weight.
.
Schedule 4 (exceptions)
8
In Schedule 4 —
a
for paragraph 5(2), substitute —
2
This does not apply in the case of seed imported from a third country.
;
b
for paragraph 8, substitute —
Marketing preservation mixtures that include uncertified fodder seed
8
1
The Secretary of State may authorise the marketing of preservation mixtures in accordance with this paragraph.
2
An application for an authorisation must be made by the producer and must contain such information as the Secretary of State may require to —
a
complete the authorisation in accordance with Article 4(2) of Commission Directive 2010/60/EU, as read with Article 4(3) of that Directive; and
b
verify compliance with Article 5 of that Directive (in the case of directly harvested preservation mixtures) or Article 6 of that Directive (in the case of crop-grown preservation mixtures).
3
An authorisation —
a
may only be granted if the preservation mixture complies with Article 5 of Commission Directive 2010/60/EU (in the case of directly harvested preservation mixtures) or Article 6 of that Directive (in the case of crop-grown preservation mixtures);
b
may only be granted for the marketing of a preservation mixture in its region of origin as determined by the Secretary of State in accordance with Article 3 of Commission Directive 2010/60/EU;
c
may only be granted for a preservation mixture that contains a conservation variety within the meaning of regulation 2(1) of the Seeds (National Lists of Varieties) Regulations 2001 if that variety complies with the requirements of paragraph 7(1) to (7) and (9); and
d
must specify the matters listed in Article 4(2) of Commission Directive 2010/60/EU, as read with Article 4(3) of that Directive.
4
The seed must not be sold as loose seed under paragraph 26 of Schedule 3.
5
The seed must be labelled with a pink supplier’s label or a printed or stamped notice which, instead of containing the labelling information for mixtures of seed set out in Schedule 3, contains the following information —
a
the words “EU rules and standards”;
b
the name, address and identification number of the person affixing the label;
c
the harvesting method (whether directly harvested or crop-grown);
d
the year of sealing expressed as “sealed...[year]”;
e
the region of origin;
f
the source area;
g
the collection site;
h
the habitat type of the collection site;
i
the words “preservation seed mixture”;
j
the reference number of the lot given by the person affixing the label;
k
in the case of crop-grown preservation mixtures —
i
the percentage by weight of the components as species and, where relevant, sub-species; and
ii
the specific germination rate for the fodder seed components of the mixture that do not comply with the germination requirements of paragraph 28(2) of Schedule 2 (unless the mixture contains more than five such fodder seed components, in which case the average germination rate for those components may be used);
l
in the case of directly harvested preservation mixtures, the percentage by weight of those components as species and, where relevant, sub-species that are typical for the habitat type of the collection site and that are, as components of the mixture, of importance for the preservation of the natural environment in the context of the conservation of genetic resources;
m
declared net or gross weight; and
n
where granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and the approximate ratio between the weight of clusters or pure seeds and the total weight.
6
The total quantity of the seed authorised to be marketed each year must not exceed 5% of the total weight of fodder plant seed mixtures marketed in the United Kingdom in the same year.
7
Expressions used both in this paragraph and Commission Directive 2010/60/EU have the same meaning in this paragraph as they have in that Directive.
.
Taylor of Holbeach
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
12th December 2011


type: legislation

jurisdiction: UK

text:
PART 1 PRELIMINARY
Citation and commencement
1
1
This Order may be cited as the Yarmouth (Isle of Wight) Harbour Revision Order 2011 and shall come into force on 30th June 2011.
2
The Yarmouth (Isle of Wight) Harbour Orders 1931 to 2002 and this Order may be cited together as the Yarmouth (Isle of Wight) Harbour Orders 1931 to 2011.
Interpretation
2
1
In this Order —
“the 1931 Order ” means the Yarmouth (Isle of Wight) Pier and Harbour Order 1931 (confirmed by the Pier and Harbour Orders (Cowes and Yarmouth (Isle of Wight)) Confirmation Act 1931) ;
“the 2001 Order ” means the Yarmouth (Isle of Wight) Harbour Revision (Constitution) Order 2001 ;
“aids to navigation” means any sign, light, beacon, mark, navigational buoy, tide pole or other object in or in the vicinity of the harbour provided to give warning of any obstruction or danger to navigation or for the regulation of navigation;
“buoyant personal watercraft” means any personal watercraft which by reason of its concave shape provides buoyancy for the carriage of persons;
“ the Commissioners ” means the Yarmouth (Isle of Wight) Harbour Commissioners;
“general direction” means any direction given or proposed to be given under article 4;
“the harbour limits” means the limits shown on the harbour map;
“the harbour” means Yarmouth (Isle of Wight) harbour as defined in article 3 and Schedule 1;
“the harbour map” means the map prepared in triplicate, signed by the Acting Chief Executive Officer of the Marine Management Organisation and marked “Yarmouth (Isle of Wight) Harbour Revision Order 2011”, of which two copies have been deposited at the office of the Marine Management Organisation and one copy has been deposited at the office of the Commissioners;
“the harbourmaster” means any person appointed as such by the Commissioners, and includes his deputies and assistants, and any other person for the time being authorised by the Commissioners to act, either generally or for a specific purpose, in the capacity of harbourmaster;
“harbour water taxi service” has the meaning given by article 2(2);
“the inner harbour” means so much of the harbour as is referred to in paragraphs 2 and 3 of Schedule 1;
“the level of high water” means the level of mean high water spring tides;
“mooring” includes any buoy, pile, post, chain, pillar, pontoon or like apparatus or convenience provided or used for the mooring of vessels;
“non-buoyant personal watercraft” means any personal watercraft other than a buoyant personal watercraft;
“the Outer Harbour” means so much of the harbour as is referred to in paragraph 1 of Schedule 1;
“personal watercraft” means any watercraft propelled by a jet engine or other mechanical means of propulsion and steered either —
by means of a handlebar operated linkage system (with or without a rudder at the stern); or
by the person or persons riding the craft using their body weight for the purpose; or
by a combination of the methods referred to respectively in paragraphs (a) and (b);
“special direction” means any direction given or proposed to be given under article 6;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond;
“vessel” means a ship, boat, raft or water craft of any description and includes non-displacement craft, personal watercraft, seaplanes and any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily) and a hovercraft or any other amphibious vehicle, used or capable of being used as a means of transportation on water;
“the zone” means that part of the area of the Outer Harbour the boundaries of which are described in Schedule 2 and shown edged green on the harbour map.
2
In this Order “harbour water taxi service” means a service of vessels provided for the primary purpose of carrying members of the public to, from or between locations within the harbour limits and vessels (whether moored, anchored or underway) within the harbour limits, being a service for which a fare is normally levied.
Area of the harbour, etc.
3
1
The area within which the Commissioners shall exercise jurisdiction as a harbour authority, and within which the powers of the harbourmaster may be exercised, is the area the boundaries of which are described in Schedule 1 and shown in red on the harbour map together with so much of the harbour premises as is not situated within that area.
2
In the event of any discrepancy —
a
between the description of the boundaries of the harbour referred to in paragraph (1) and set out in Schedule 1 and the boundaries shown on the harbour map; or
b
between the description of the boundaries of the zone described in Schedule 2 and the boundaries shown on the harbour map,
the descriptions in question shall prevail over the harbour map.
3
In this article “the harbour premises” means the quays, piers, landing places and all other works, lands and buildings for the time being vested in, or occupied or administered by, the Commissioners as part of their harbour undertaking.
PART 2 HARBOUR REGULATION
General and special directions
General directions as to use of harbour, etc.
4
1
Subject to paragraph (2), the Commissioners may give directions under this article in respect of the harbour for any of the purposes set out in Schedule 3.
2
The Commissioners shall not give a direction under this article —
a
for any of the purposes mentioned in paragraphs 1(a) to 1(g) of Schedule 3; or
b
(if the direction relates in whole or in part to any navigable area of the harbour) for any of the purposes mentioned in paragraphs 3(a) or 3(j) of that Schedule
unless the direction is also required for the purpose of promoting or securing conditions conducive to the ease, convenience or safety of navigation in the harbour.
3
A direction under this article may apply —
a
to all vessels or to a class of vessels designated in the direction; or
b
to all persons or to a class of persons designated in the direction; or
c
to the whole of the harbour or to a part designated in the direction; or
d
at all times, or at times designated in the direction,
and every direction under this article shall specify the extent of its application in relation to the matters referred to in sub-paragraphs (a) to (d).
4
The Commissioners may revoke or amend any general direction.
Procedures for making general directions and designations, etc.
5
Schedule 4 shall have effect.
Special directions as to use of harbour, etc.
6
1
The harbourmaster may give directions under this article in respect of a vessel or (in the case of sub-paragraph (a)) a person anywhere in the harbour for any of the following purposes —
a
requiring persons to comply with a requirement made in or under–
i
a general direction;
ii
any provision of this Order; or
iii
any other enactment of local application applicable to the harbour or to the Commissioners;
b
regulating or requiring the movement, berthing, mooring or unmooring of the vessel;
c
requiring the removal from any part of the harbour of the vessel if —
i
it is on fire;
ii
it is in such condition as to be liable to become immobilised or waterlogged, or to sink, or to constitute a danger to life or property;
iii
it is making an unlawful use of the harbour or interfering with the reasonable use or enjoyment of the harbour by other vessels or persons or the carrying on of business in the harbour; or
iv
its removal is necessary to enable maintenance or repair work to be carried out in the harbour or to premises adjacent to the harbour;
d
requiring the removal of the vessel to outside the harbour if such removal is considered by the harbourmaster to be necessary in order to avoid danger to life or to property, or to any part of the harbour referred to in paragraph (3);
e
regulating the loading, discharging, storing and safeguarding of the cargo, fuel, water or stores of the vessel and the dispatch of its business at the harbour;
f
specifying the precautions to be taken in respect of apparatus, machinery and equipment;
g
for limiting the speed of the vessel;
h
as to the use of the motive power of the vessel;
i
prohibiting or restricting the use of fires, lights or barbecues;
j
as to the discharge or use of ballast.
2
A special direction relating to a vessel shall specify a particular person or particular persons to whom the direction is addressed, either by name or by a description sufficient to enable the person or persons in question readily to be identified.
3
A special direction may be given for the conservation of any part of the harbour which has been designated, or otherwise has been given special protection or status, under any enactment by reason of its natural beauty, fauna, flora, or archaeological or geological or physiographical features or any other natural features.
4
In an emergency the harbourmaster may give special directions applicable to all vessels or all vessels within a specified class of vessel for any of the purposes mentioned in paragraph (1).
5
A special direction may be given in any manner considered by the harbourmaster to be appropriate.
6
The harbourmaster may revoke or amend a special direction.
Failure to comply with directions
7
1
A person who fails to comply with a general direction or special direction shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
2
Where a person is charged with an offence under paragraph (1) it shall be a defence for the person to prove —
a
that the person took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence;
b
that the person had a reasonable excuse for the act or failure to act; or
c
that the offence was not caused or facilitated by any act or neglect on the part of the person or on the part of any person engaged or employed by that person and that all reasonable steps were taken to prevent the commission of the offence.
Enforcement of special directions
8
1
Without prejudice to any other remedy available to the Commissioners, if a special direction applicable to a vessel is not complied with within a reasonable time, the harbourmaster may put persons on board the vessel to carry out the direction or may otherwise cause the vessel to be handled in accordance with the direction.
2
If there is no one on board a vessel to attend to a special direction, and after reasonable inquiry has been made the master cannot be found, the harbourmaster may proceed to act under paragraph (1) as if the direction had been given and not complied with.
3
Expenses incurred by the Commissioners in the exercise of the powers conferred by paragraph (1) shall be recoverable by it as if they were a charge of the Commissioners in respect of the vessel.
Master’s responsibility in relation to directions
9
The giving of a general direction or a special direction shall not diminish or in any other way affect the responsibility of the master of the vessel in respect of which the direction is given in relation to the vessel, to persons on board the vessel, to the cargo or any other person or property.
Harbour water taxi services
Restriction of harbour water taxi services
10
1
No person other than the Commissioners shall in the harbour operate a harbour water taxi service, or offer a vessel for use in the operation of a harbour water taxi service, unless the person is licensed so to do by the Commissioners in pursuance of article 11, nor except upon the terms and conditions, if any, upon which the licence is granted pursuant to that article.
2
Any person who contravenes this article shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Licensing of harbour water taxi services
11
1
The Commissioners may upon such terms and conditions as they think fit grant to any person a licence to operate a harbour water taxi service (in this and the following articles referred to as “a licence”) in any part of the harbour.
2
The Commissioners shall not be required to issue a licence if in their reasonable opinion —
a
the provision of the service to which the licence application relates would give rise to the risk of congestion, or obstruction or danger to navigation; or
b
a comparable service is already being provided, whether by some other person already licensed under this article or by the Commissioners, which meets the needs of potential users adequately;
c
the applicant is unsuitable to hold the licence, whether on account of misconduct by the applicant or (where the applicant is not an individual) by any person in control of or concerned with the management of the applicant, or for any other sufficient reason.
Further provisions as to licences
12
1
A licence may be granted pursuant to article 11 subject to such terms and conditions as the Commissioners think fit including (without prejudice to the generality of the foregoing) —
a
conditions as to the hours of operation of the harbour water taxi service (including requirements as regards frequency of service);
b
conditions as to the fares levied by the licensed operator of the harbour water taxi service;
c
conditions requiring the maintenance of an insurance policy in relation to the vessels used for the purposes of the harbour water taxi service; and
d
conditions for ensuring compliance with requirements made by or under any enactment relating to the harbour water taxi service or to the Commissioners, or to the harbour.
2
A licence shall have effect for such period (which shall be specified in the licence) as the Commissioners may determine.
3
An application for a licence —
a
shall be made in writing to the Commissioners;
b
shall include proposals for the hours of operation and the fares to be levied; and
c
shall contain such information (including information about the applicant and the vessels to be used), and shall be accompanied by such documents, as the Commissioners shall reasonably require.
4
The Commissioners shall give notice to the applicant of their decision whether to grant a licence.
5
If within three months from the date of the making of an application under paragraph (3) the Commissioners do not give notice under paragraph (4), they shall be deemed to have refused the application.
6
The Commissioners may charge a reasonable fee for the grant of a licence.
7
If the Commissioners refuse to grant a licence which has been applied for they shall give reasons in writing for their refusal.
8
If the Commissioners grant a licence upon terms or conditions, or with modifications, they shall give reasons in writing for the terms and conditions imposed or the modifications required.
Appeals in respect of licences
13
If —
a
the Commissioners have refused to grant a licence pursuant to article 11 and the applicant for the licence is aggrieved by the refusal; or
b
the Commissioners have granted a licence upon terms or conditions, or with modifications, and the applicant is aggrieved by the Commissioners’ decision as to such terms or conditions or modifications,
the applicant may appeal to the Secretary of State in accordance with article 26.
Moorings
Moorings provided by Commissioners
14
1
The Commissioners may place, lay down, maintain, renew, use or remove such moorings in the harbour —
a
on land owned or leased by them or in which they hold an appropriate interest; or
b
with the consent in writing of the owner and lessee thereof, on any other land in the harbour
as they consider necessary or desirable for the convenience of vessels.
2
The Commissioners may from time to time grant a licence of any mooring provided under this article to any person wishing to use the same for such periods, and on such terms and conditions, and on payment of such reasonable fees, as the Commissioners may from time to time determine.
Moorings provided by others
15
1
The Commissioners may from time to time grant a licence to any person owning an appropriate interest in land within the harbour limits to place, lay down, maintain, renew and use moorings, buoys and similar apparatus for vessels in the harbour.
2
A licence under this article —
a
may be granted for such a period and on such reasonable terms and conditions as the Commissioners think fit;
b
may relate to one or more moorings; and
c
may permit or restrict the sub-letting of those moorings.
3
The Commissioners shall give notice to the applicant of their decision whether to grant a licence.
4
If within three months from the date of the making of an application for a licence under this article the Commissioners do not give notice under paragraph (3), they shall be deemed to have refused the application.
5
The Commissioners may charge a reasonable fee for the grant of a licence under this article and such fee may represent an amount to be paid instead of the harbour dues that would otherwise be payable in respect of the vessels using the moorings in question.
6
Nothing in any licence granted under this article shall entitle any person to place, lay down, maintain, renew, use or have any mooring on land not owned or leased by that person or by the Commissioners or in which that person has no appropriate interest.
7
The Commissioners shall have the right to refuse a licence to any person who is unable to establish ownership of an appropriate interest in land.
8
The Commissioners shall not, when exercising their powers under this article, unreasonably refuse to grant a licence to any person.
9
Any question of whether a licence has or has not been unreasonably refused, or as to the reasonableness of the terms and conditions of a licence, shall be determined by the Secretary of State on appeal made in accordance with article 26.
Offences as to moorings
16
Any person who —
a
intentionally obstructs any person acting under the authority of the Commissioners in setting out moorings;
b
intentionally and without lawful authority pulls up or removes any moorings or any part of any moorings;
c
places, lays down, maintains, renews or has in the harbour any mooring not provided by the Commissioners under article 14 or licensed by the Commissioners under article 15;
d
without reasonable excuse causes or permits a vessel to be moored in the harbour except at a mooring so provided or licensed by the Commissioners, or at a quay, jetty or other apparatus provided for the mooring of vessels;
e
without reasonable excuse causes or permits a vessel to be moored at a mooring provided by the Commissioners under article 14 or licensed by the Commissioners under article 15 which the person is not entitled to use; or
f
contravenes the terms or conditions of any licence granted under article 14 or article 15,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Moorings – enforcement provisions
17
1
If any person commits an offence under article 7 in respect of any non-compliance with a requirement made under paragraph 1(h) of Schedule 3, or any offence under article 16(c), the Commissioners may remove the mooring in question and recover from that person the expenses incurred in doing so.
2
If any person commits an offence under article 7 in respect of any non-compliance with a requirement made under paragraph 1(h) of Schedule 3, or any offence under article 16(d) or (e), the Commissioners may at any time after the expiration of the period of 7 days from the date of that offence —
a
remove the vessel, including any tackle with the vessel;
b
sell or otherwise dispose of the vessel and tackle; and
c
recover out of the proceeds of sale —
i
any unpaid licence fee payable under article 14;
ii
any unpaid licence fee payable under article 15; and
iii
the expenses of removal and disposal under this paragraph,
and shall hold any surplus proceeds of sale on trust for the owner of the vessel.
3
If the proceeds of sale under paragraph (2) above are insufficient to reimburse the Commissioners for the expenses referred to in paragraph (2)(c)(iii), the Commissioners may recover the deficiency, or, where there is no sale, the whole of the expenses, from the owner as a debt.
4
The Commissioners shall, before removing a vessel in exercise of their powers under this article, give 7 clear days’ notice in writing of their intention to do so except in a case of emergency when they shall give notice as soon as reasonably practicable after they have removed the vessel.
Other provisions
Power to designate parts of harbour, etc.
18
1
Subject to paragraphs (4) and (5), and to Schedule 4, but notwithstanding anything else in this or any other statutory provision of local application, the Commissioners may from time to time set apart or designate any part of the harbour for the exclusive, partial or preferential use or accommodation of any particular trade, activity, person, vessel or class of vessels or goods, subject to the payment of such reasonable charges and to such terms, conditions and regulations as the Commissioners think fit.
2
Without prejudice to the generality of paragraph (1), the Commissioners may exercise the powers of this article in relation to any part of the harbour during and for the purposes of any regatta, boat race or other event or function.
3
No person or vessel shall, otherwise than in accordance with the setting apart or designation, make use of any part of the harbour so set apart or designated without the consent of the harbourmaster or other duly authorised officer of the Commissioners, and —
a
the harbourmaster or, as the case may be, such officer may order any person or vessel making use of it without such consent to leave or be removed; and
b
the provisions of section 58 of the Harbours, Docks, and Piers Clauses Act 1847 shall extend and apply with appropriate modifications in relation to any such vessel.
4
The Commissioners shall not exercise the powers of this article in such a way as to prevent the exercise of rights conferred by any licence granted pursuant to article 14(2) or article 15.
5
Nothing in this article shall authorise the permanent or temporary stopping up or diversion or other interference with any public right of way over land within the harbour.
Fuel bowsers
19
1
In this article “fuel bowser” means a movable tank, pump or other appliance for the fuelling of vessels and includes any vehicle, trailer or similar device on which the bowser is mounted.
2
No person shall place, retain or use a fuel bowser on any land or on any wharf, quay or other work in the harbour unless the person is authorised to do so by a licence granted by the Commissioners.
3
A licence under this article —
a
may be granted for such a period, and on such terms and conditions, as the Commissioners think fit; and
b
may relate to one or more fuel bowsers.
4
The Commissioners may charge a reasonable fee for the grant of a licence under this article.
5
Nothing in any licence granted under this article shall entitle any person to place, retain or use any fuel bowser on land not owned or leased by that person, or by the Commissioners, or in which that person has no appropriate interest.
6
Any person who contravenes paragraph (2) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
7
If any person commits an offence under paragraph (6) the Commissioners may —
a
remove the fuel bowser, including any fuel pipes or other equipment provided with it;
b
sell or otherwise dispose of the fuel bowser, pipes and equipment together with any fuel contained therein; and
c
recover out of the proceeds of sale any unpaid licence fee payable under paragraph (4) and the expenses of removal and disposal under this paragraph,
and shall hold any surplus proceeds of sale on trust for the owner of the fuel bowser.
8
If the proceeds of any sale under paragraph (7)(b) above are insufficient to reimburse the Commissioners for the expenses referred to in paragraph (7)(c) the Commissioners may recover the deficiency, or, where there is no sale, the whole of the expenses, from the owner as a debt.
PART 3 MISCELLANEOUS AND GENERAL
Information for purpose of landing charges
20
1
When any passengers are embarked on or disembarked from a vessel within the harbour, the owner or master of the vessel, if requested to do so by the Commissioners, shall provide to the Commissioners in writing details of the number of persons embarked on, or disembarked from, the vessel so as to enable the Commissioners to determine whether any of the Commissioners’ published landing fees or other charges are payable in respect of those persons in accordance with section 26(2) of the Harbours Act 1964 or any other enactment applicable to the harbour.
2
A request made under paragraph (1) may apply to a single vessel movement or (in the case of a vessel which habitually uses the harbour) to every occasion upon which the vessel arrives at or departs from the harbour.
3
The owner or master of a vessel in respect of which a request is made under paragraph (1) shall provide the details so requested within such period (being not less than 24 hours) after the arrival or as the case may be the departure of the vessel as may be specified by the Commissioners.
4
Paragraph (1) shall not apply in relation to non-commercial vessels occupying moorings within the harbour under licences granted by the Commissioners pursuant to article 14 or 15, or to vessels occupying moorings under licences granted under article 15, or to vessels paying visitor berthing rates to the Commissioners.
5
For the purposes of paragraph (4), “non commercial vessel” means any vessel used for sport or recreation other than a vessel which is carrying, or is available to carry, members of the general public for hire or reward.
6
Any person who without reasonable excuse fails to comply with any requirement made under paragraph (1), or who in compliance with such a requirement provides any information which that person knows to be false, or recklessly provides information which is false in any material particular, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Boarding of vessels
21
Any duly authorised officer of the Commissioners may, on producing if so required that officer’s authority, enter and inspect a vessel in the harbour —
a
for the purposes (including the enforcement) of any enactment relating to the Commissioners or of any byelaw of the Commissioners or any general or special direction,; or
b
to prevent or extinguish fire;
but, except in an emergency, no entry shall be made under this article without notice first having been given to the owner or the person appearing to have charge of the vessel; and the notice shall have annexed to it a copy of this article.
Obstruction of officers
22
1
Any person who —
a
intentionally obstructs or threatens an officer of the Commissioners acting in pursuance of this Order or in pursuance of any byelaw, direction or requirement made or given by the Commissioners;
b
without reasonable excuse fails to comply with a requirement properly made by such an officer; or
c
without reasonable excuse fails to give such an officer any information (including his name and address) which the officer may require for the purpose of the performance of the officer’s functions,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
2
Any person who in giving such information makes a statement which that person knows to be false shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Notices
23
1
Subject to the following provisions of this article, and to the other provisions of this Order, a notice or other document required or authorised to be served for the purposes of this Order, or any direction given under this Order, shall be in writing and may be served by post.
2
Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.
3
Where a person on whom a notice or other document is to be served has agreed in writing that service may be by email, or other electronic means, the Commissioners may employ this method of service until such time as the person informs them in writing that the person is no longer willing to receive notices or documents by email or by such other electronic means.
4
For the purposes of section 7 of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if the person has given an address for service, that address, and otherwise —
a
in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and
b
in any other case, the person’s last known address at the time of service.
5
Where for the purposes of this Order a notice or other document is required or authorised to be served on a person whose name and address cannot be ascertained after reasonable inquiry —
a
in the case of a notice or document to be served on any person as having an interest on, or as the occupier of, any land, it may be served by —
i
addressing it to that person by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and
ii
either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land;
b
in the case of a notice or document relating to a vessel (including a wreck), it may be served by exhibiting it in a conspicuous position on or near the vessel, or handed to a member of the crew, unless it would not be reasonably practicable to exhibit the notice or document in this manner, or if the notice or document would not be likely to be seen if it were so exhibited;
c
in the case of any notice or document served otherwise than under paragraph (5)(a) or (b), it may be served by displaying it at the office of the harbourmaster for the period of its duration.
6
This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.
Execution of documents
24
1
Sections 44 and 45(1) of the Companies Act 2006 shall apply to the execution of documents by the Commissioners as though they were a company within the meaning of section 1(1) of that Act.
2
Sections 44 and 45(1) as so applied shall have effect —
a
as though for references to a director there were substituted references to a Commissioner;
b
as though for references to every director of the company there were substituted references to every Commissioner; and
c
as though for references to the secretary of a private company there were substituted references to the Chief Executive of the Commissioners or some other person authorised under paragraph 20 of Schedule 2 to the 2001 Order to act instead of the Chief Executive.
Provisions for protection of Sandhouse, etc.
25
1
The following provisions shall have effect for the protection of the owner unless otherwise agreed in writing between the Commissioners and the owner.
2
In this article —
“the owner” means the owner for the time being of the freehold interest in the property;
“the property” means the property referred to in paragraph (c) of section 63 (for the protection of Major C.J. Alexander and others) of the 1931 Order, that is, the building or structure in the parish of Freshwater known as Sandhouse with the roadway leading thereto and to low-water mark and the dock, pier and slipway in connection therewith;
“section 63” means section 63 of the 1931 Order.
3
Nothing in this Order affects prejudicially the rights conferred on the owner by section 63.
4
Without prejudice to the generality of paragraph (3) the Commissioners shall not give any general direction under article 4, or set apart or designate any part of the harbour under article 18, in such a way as to affect prejudicially the rights conferred on the owner by section 63.
5
Any dispute between the Commissioners and the owner under this article shall be determined in accordance with subsection (4) of section 63.
Provisions as to certain appeals
26
1
This article applies to any appeal under article 13 or article 15(9) by an applicant (“the applicant”) for a licence under article 11 or article 15, as the case may be.
2
The applicant may bring an appeal within 28 days from the date on which the Commissioners give notice of their decision or the date on which they are under article 12(5) or 15(4) deemed to have refused the application, as the case may be.
3
An appeal shall be made by notice in writing, stating the grounds of the appeal.
4
A person who appeals to the Secretary of State shall at the same time send a copy of the person’s statement of appeal to the Commissioners and the Commissioners shall as soon as practicable afterwards furnish the Secretary of State with all relevant documents, and may within 28 days from the receipt of the statement of appeal furnish the Secretary of State with their observations on the appeal.
5
On an appeal the Secretary of State may confirm, vary or revoke the decision appealed against and may require any consequential amendments to be made, including amendment of the terms and conditions of the licence.
6
The Commissioners shall give effect to any decision or requirement given or made by the Secretary of State under paragraph (5).
Crown Rights
27
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular and without prejudice to the generality of the foregoing, nothing in this Order shall authorise any person to take, use, enter upon or in any manner interfere with, any land or hereditaments or any rights of whatsoever description (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary) —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners; or
b
belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.
2
A consent under paragraph (1) may be given unconditionally, or subject to such conditions and upon such terms as may be considered necessary or appropriate.
Saving for Trinity House
28
Nothing in this Order shall prejudice or derogate from any of the rights, duties or privileges of Trinity House.
Amendment of 2001 Order
29
1
The 2001 Order shall be amended as follows.
2
For articles 4 to 7 there shall be substituted the articles set out in Schedule 5 to this Order.
3
In article 9(1) —
a
the words “or the Councils” in the first place in which they occur shall be omitted; and
b
for the words from “or the Councils” in the second place in which they occur to the end there shall be substituted “in accordance with article 4(3) to (6)”.
4
In Schedule 2 —
a
for the expression “article 4(2)(a) or (b)” wherever it occurs there shall be substituted the expression “article 4(1)(a)”;
b
in paragraph 11(4)(a), for “above” there shall be substituted “of this Order in the form in which they existed immediately before the Yarmouth (Isle of Wight) Harbour Revision Order 2011 came into force.”.
Repeal and revocation of enactments, etc.
30
1
On the date of the coming into force of this Order —
a
the provision of the Act referred to in columns (1) and (2) of Part 1 of Schedule 6 to this Order shall be repealed to the extent specified in column (3) of that Part; and
b
the provisions of the orders referred to in columns (1) and (2) of Part 2 of Schedule 6 to this Order shall be revoked to the extent specified in column (3) of the Part.
2
The repeals and revocations effected by paragraph (1) shall be subject to Part 3 of Schedule 6 to this Order.
Signed by authority of the Marine Management Organisation
J. Cross
Acting Chief Executive Officer
An authorised employee of the Marine Management Organisation
26th May 2011


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Wirral Community National Health Service Trust (Establishment) Order 2011 and shall come into force on 1st April 2011.
2
In this Order —
“ the Act ” means the National Health Service Act 2006;
“community health services” means any service which the Secretary of State has a duty to provide under section 3(1)(d) or (e) of, or paragraph 1 or 8 of Schedule 1 to, the Act and any service which the Secretary of State may provide under paragraph 2 or 7A of that Schedule;
“primary care services” means primary medical services, primary dental services, primary ophthalmic services and pharmaceutical services;
“the trust” means the National Health Service trust established by article 2.
Establishment and name of the trust
2
There is established a National Health Service trust which shall be called the Wirral Community National Health Service Trust.
Nature and functions of the trust
3
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, community health services and primary care services, for the purposes of the health service.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 2 executive directors and 2 non-executive directors.
2
If the Secretary of State suspends the chairman, or a non-executive director of the trust, the number of non-executive directors of the trust shall increase during the period of suspension by the number of persons so suspended.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 2011.
2
The accounting date of the trust shall be 31st March.
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
14th March 2011


text:
Citation, commencement, extent and interpretation
1
1
This Order may be cited as the Marine and Coastal Access Act 2009 (Commencement No.5, Consequential and Transitional Provisions) Order 2011.
2
This Order, except for articles 3 to 5 and the Schedule, comes into force on 1st April 2011.
3
Articles 3 to 5 and the Schedule come into force on 6th April 2011.
4
An amendment made by this Order has the same extent as the provision to which it relates.
5
In this Order, “the 2009 Act ” means the Marine and Coastal Access Act 2009.
Appointed day – 1st April 2011
2
1
The day appointed for the coming into force of the provisions of the 2009 Act referred to in paragraph (2) is 1st April 2011.
2
The provisions are —
a
section 153 (management of inshore fisheries);
b
section 154 (protection of marine conservation zones);
c
sections 155 to 164 (which deal with byelaws including emergency byelaws, procedure, inquiries and offences);
d
section 166 (powers of inshore fisheries and conservation officers);
e
sections 167 to 171 (which deal with the power to enter into agreements with eligible bodies);
f
section 172 (development, etc of fisheries);
g
section 173 (provision of services by inshore fisheries and conservation authorities);
h
section 175 (information);
i
sections 176(2) and 178 (which deal with accounts and annual report);
j
section 183 (report by Secretary of State);
k
section 184 (minor and consequential amendments relating to inshore fisheries and conservation authorities) and Schedule 14 (inshore fisheries and conservation authorities: amendments), so far as not already commenced;
l
section 185 (application to the Crown);
m
section 186 (interpretation), so far as not already commenced;
n
section 187 (abolition of local fisheries committees), except so far as relating to sea fisheries districts in Wales, or any part of a sea fisheries district lying in Wales ;
o
Part 4 (management of inshore fisheries) of Schedule 22 (repeals) and section 321 (repeals) so far as relating to that Part, except so far as relating to sea fisheries districts in Wales, or any part of a sea fisheries district lying in Wales .
3
In paragraph (2)(n) and (o), “Wales” includes the Welsh inshore region.
Appointed day – 6th April 2011
3
1
The day appointed for the coming into force of the provisions of the 2009 Act referred to in paragraph (2) is 6th April 2011.
2
The provisions are —
a
Part 4 (sections 65 to 115) (marine licensing), and Schedules 7 (further provision about civil sanctions under Part 4), 8 (licensing: minor and consequential amendments) and 9 (licensing: transitional provisions relating to Part 4), so far as not already commenced;
b
in Part 8 (enforcement) —
i
section 236 (enforcement of marine licensing regime);
ii
section 240 (marine licensing: oil and gas and other reserved matters);
iii
section 241 (marine licensing: Northern Ireland);
iv
section 242 (marine licensing: enforcement in Scottish offshore region);
v
Chapter 3 (section 263) (licensing enforcement powers);
c
section 314 (works detrimental to navigation);
d
Part 2 (marine licensing) of Schedule 22, and section 321 so far as relating to that Part.
Transitional provisions relating to Schedule 9 to the 2009 Act
4
1
This article applies to —
a
marine waters within the meaning given by regulation 2(1) of the Marine Minerals Regulations ; and
b
Welsh waters within the meaning given by regulation 2(1) of the Welsh Marine Minerals Regulations .
2
Sub-paragraphs (1) to (3) of paragraph 2 of Schedule 9 to the 2009 Act (certain CPA consents to be deemed marine licences) do not apply in relation to a CPA consent for any activity to be carried out in the course of relevant dredging where, before 6th April 2011, no environmental impact assessment has been carried out in relation to the activity proposed or the dredging in the course of which it is to be carried out.
3
But paragraph (2) does not apply where, before 6th April 2011 —
a
the Secretary of State has made a determination under regulation 5(2) of the Marine Minerals Regulations or the regulator has made a preliminary determination under regulation 6 of those Regulations that the relevant dredging is not a relevant project;
b
the Welsh Ministers have received a determination from the Secretary of State under regulation 5(2) of the Welsh Marine Minerals Regulations or have made a preliminary determination under regulation 6 of those Regulations that the relevant dredging is not a relevant project; or
c
a decision has been made under the Marine Works Regulations that an environmental impact assessment is not required in relation to such part of the activity being carried out in the course of the relevant dredging as required CPA consent.
4
For the purposes of paragraph (2), an environmental impact assessment includes —
a
an assessment of any effects of the relevant dredging on the environment in accordance with —
i
the Marine Minerals Regulations; or
ii
the Welsh Marine Minerals Regulations;
b
an assessment of any effects on the environment of the activity being carried out in the course of the relevant dredging and requiring CPA consent, in accordance with the Marine Works Regulations;
c
an assessment of any effects of the relevant dredging on the environment, being an assessment which —
i
has been carried out by a consenting authority other than the appropriate authority;
ii
is sufficient to meet, in relation to the relevant dredging, the requirements of Council Directive 85/337/ EEC on the assessment of the effects of certain public and private projects on the environment .
5
For the purposes of paragraph (3)(c) a decision made under the Marine Works Regulations that an environmental impact assessment is not required includes —
a
a determination to that effect made by the appropriate authority under regulation 8 or 10 of the Marine Works Regulations;
b
a direction made by the Secretary of State under regulation 9 of those Regulations; and
c
a screening opinion to that effect given by the appropriate authority under regulation 11 of those Regulations.
6
In this article —
a
“appropriate authority” has the same meaning as in regulation 2(1) of the Marine Works Regulations;
b
“consenting authority”, in relation to relevant dredging, means any authority whose determination was required under any of the Government View documents, and for this purpose, “the Government View documents” means —
i
the document entitled “Offshore Dredging for Sand, Gravel and Other Minerals”, dated April 1989, and published by the Department of the Environment and the Welsh Office; and
ii
the document entitled “Government View: New Arrangements for the Licensing of Minerals Dredging”, dated May 1998, and published by the Department of the Environment, Transport and the Regions and the Welsh Office;
c
“CPA consent” means consent under section 34(1) of the Coast Protection Act 1949 ;
d
“the Marine Minerals Regulations” means the Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (England and Northern Ireland) Regulations 2007 , as those Regulations had effect immediately before 6th April 2011;
e
“the Marine Works Regulations” means the Marine Works (Environmental Impact Assessment) Regulations 2007 ;
f
“relevant dredging” means dredging within the meaning given by —
i
regulation 2 of the Marine Minerals Regulations; or
ii
regulation 2 of the Welsh Marine Minerals Regulations;
g
“the Welsh Marine Minerals Regulations” means the Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (Wales) Regulations 2007 , as those Regulations had effect immediately before 6th April 2011.
Consequential amendments
5
The Schedule (consequential amendments (marine licensing)) has effect.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
28th February 2011


text:
Citation and commencement
1
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 2) Regulations 2011.
2
These Regulations shall come into force on 6th April 2011.
Amendments to the Social Security (Contributions) Regulations 2001
2
The Social Security (Contributions) Regulations 2001 are amended as follows.
3
Amend regulation 10 (earnings limits and thresholds) as follows —
a
for “2010” substitute “2011”;
b
in paragraph (a)(lower earnings limit: primary Class 1 contributions) for “£97” substitute “£102”;
c
in paragraph (b)(upper earnings limit: primary Class 1 contributions) for “£844” substitute “£817”;
d
in paragraph (c)(primary threshold: primary Class 1 contributions) for “£110” substitute “£139”; and
e
in paragraph (d)(secondary threshold: secondary Class 1 contributions) for “£110” substitute “£136”.
4
1
Amend regulation 11 (prescribed equivalents) as follows.
2
Amend paragraph (2A) as follows —
a
in sub-paragraph (a) for “£3,656” substitute “£3,540”; and
b
in sub-paragraph (b) for “£43,875” substitute “£42,475”.
3
Amend paragraph (3) as follows —
a
in the introductory words for “the prescribed equivalents of the primary and secondary thresholds” substitute “the prescribed equivalents of the primary threshold”;
b
in sub-paragraph (a) for “£476” substitute “£602”; and
c
in sub-paragraph (b) for “£5,715” substitute “£7,225”.
4
After paragraph (3) insert —
3A
Subject to paragraphs (4) and (5), the prescribed equivalents of the secondary threshold shall be —
a
where the earnings period is a month, £589;
b
where the earnings period is a year, £7,072;
c
where the earnings period is a multiple of a week, the amount calculated by dividing the figure in sub-paragraph (b) by 52 and multiplying the result by the corresponding multiple;
d
where the earnings period is a multiple of a month, the amount calculated by dividing the figure in sub-paragraph (b) by 12 and multiplying the result by the corresponding multiple;
e
in any other case, the amount calculated by dividing the figure in sub-paragraph (b) by 365 and multiplying the result by the number of days in the earnings period concerned.
5
In paragraph (4) for “and paragraph (3)(c) and (d)” substitute “, paragraph (3)(c) and (d) and paragraph (3A)(c) and (d)”.
6
In paragraph (5) for “and paragraph (3)(e)” substitute “, paragraph (3)(e) and paragraph (3A)(e)”.
5
Amend regulation 131 (Married women and widows: reduced rate of primary Class 1 contributions otherwise payable at the main primary percentage) as follows —
a
for “6th April 2003” substitute “6th April 2011”; and
b
for “4.85” substitute “5.85”.
Angela Watkinson
Michael Fabricant
Two of the Lords Commissioners of Her Majesty’s Treasury
24th March 2011


text:
Citation and commencement
1
These Regulations may be cited as the Road Traffic (Drink and Drugs) (Cambridgeshire Guided Busway) Regulations 2011 and they come into force on 5th August 2011.
Interpretation
2
In these Regulations —
a
“ the Act ” means the Road Traffic Act 1988;
b
“the TWA Order ” means the Cambridgeshire Guided Busway Order 2005 ;
c
“the Cambridgeshire Guided Busway” has the meaning which “the authorised guided busway” has in the TWA Order.
Application of sections 4 to 11 of the Act
3
1
Sections 4 to 11 of the Act apply to vehicles on the Cambridgeshire Guided Busway with the modifications specified in paragraph (2).
2
Those modifications are that —
a
references to a “road” are deemed to include reference to the Cambridgeshire Guided Busway;
b
references to a “motor vehicle” are deemed to include reference to a mechanically propelled vehicle intended or adapted for use on the Cambridgeshire Guided Busway.
Signed by authority of the Secretary of State for Transport
Norman Baker
Parliamentary Under Secretary of State
Department for Transport
5th July 2011


text:
Citation and commencement
1
These Regulations may be cited as the Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2011 and shall come into force on 30th November 2011.
Amendment to the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010
2
1
The Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 are amended as follows.
2
In regulation 3 (prescribed activities) omit paragraphs (3), (4) and (6).
3
For paragraph (8) of regulation 3 substitute —
8
In Schedule 2, paragraphs 3, 6 and 7 and, in paragraph 4, the words “and except where paragraph 3 applies,” shall cease to have effect —
a
on 1st April 2012 in relation to all activities carried on by providers of out of hours services (whether or not those activities are carried on in the out of hours period); and
b
on 1st April 2013 for all other purposes.
4
After paragraph (8) of regulation 3 insert —
9
The following definitions shall apply for the purposes of paragraph (8) —
“bank holiday” means any day that is specified or proclaimed as a bank holiday in England pursuant to section 1 (bank holidays) of the Banking and Financial Dealings Act 1971 ;
“out of hours period” means —
in the case of arrangements made pursuant to section 83(2)(b) (primary medical services) of the 2006 Act —
except where sub-paragraph (ii) applies, the period which falls outside the period defined as core hours under the terms of the arrangements, or
where the primary medical services under the terms of the arrangements are required to be provided only outside the period beginning at 8am and ending at 6.30pm on any day from Monday to Friday unless that day is Good Friday, Christmas Day or a bank holiday, the period which falls outside the period beginning at 8am and ending at 6.30pm on any day from Monday to Friday unless that day is Good Friday, Christmas Day or a bank holiday;
in all other cases —
the period beginning at 6.30pm on any day from Monday to Thursday and ending at 8am on the following day,
the period between 6.30pm on Friday and 8am the following Monday, and
Good Friday, Christmas Day and bank holidays;
“out of hours services” means primary medical services provided in all or part of the out of hours period;
“provider of out of hours services” means a person that provides out of hours services —
as a provider of primary medical services under arrangements made pursuant to section 83(2)(b) (primary medical services) of the 2006 Act to patients who are neither registered patients of that provider nor accepted as temporary residents by that provider;
under arrangements made pursuant to section 92 (arrangements by Strategic Health Authorities for the provision of primary medical services) of the 2006 Act to patients who are neither registered patients of that provider nor accepted as temporary residents by that provider; or
as an out of hours services sub-contractor of a provider of primary medical services under —
arrangements made pursuant to section 83(2)(b) (primary medical services) of the 2006 Act;
a contract entered into pursuant to section 84 (general medical services contracts: introductory) of the 2006 Act; or
arrangements made pursuant to section 92 (arrangements by Strategic Health Authorities for the provision of primary medical services) of the 2006 Act;
“registered patient” means —
a person who is recorded by the Primary Care Trust as being on the provider’s list of patients; or
a person whom the provider has accepted for inclusion on its list of patients (whether or not notification of that acceptance has been received by the Primary Care Trust) and who has not been the subject of a notification by the Primary Care Trust to the provider as having ceased to be on that list; and
“temporary resident” means a person who is not a registered patient and who is accepted by a provider of primary medical services as a patient under the terms of that provider’s contract.
.
5
In Schedule 1 (regulated activities), in paragraph 10(1), omit the words “by an English NHS provider”.
6
In Schedule 2 (regulated activities: general exceptions) omit paragraphs 9 and 11.
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
10th November 2011


text:
Citation and commencement
1
These Regulations may be cited as the Employers’ Liability (Compulsory Insurance) (Amendment) Regulations 2011 and shall come into force on 6th April 2011.
Amendment of the Employers’ Liability (Compulsory Insurance) Regulations 1998
2
Schedule 2 to the Employers’ Liability (Compulsory Insurance) Regulations 1998 (employers exempted from insurance), is amended as follows —
a
in paragraph 1, for “National Assembly for Wales” in both places substitute “the Welsh Ministers” and for “monies provided by that Assembly” substitute “out of the Welsh Consolidated Fund”.
b
after paragraph (15), add —
16
The Auditor General for Wales.
17
The Electoral Commission.
18
The Parliamentary Commissioner for Administration.
19
The Health Service Commissioner for England.
20
The National Assembly for Wales Commissioner for Standards.
21
The Public Services Ombudsman for Wales.
22
The Comptroller and Auditor General.
23
The Independent Parliamentary Standards Authority
.
Signed by authority of the Secretary of State for Work and Pensions.
Freud
Parliamentary Under-Secretary of State,
Department for Work and Pensions
3rd March 2011


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health Research Authority Regulations 2011 and come into force on 1st December 2011.
2
In these Regulations —
“ the Act ” means the National Health Service Act 2006;
“the Authority” means the Health Research Authority established by the Health Research Authority (Establishment and Constitution) Order 2011 ;
“chief officer” means the chief officer of the Authority; and
“member” means a member of the Authority.
Appointment of members
2
1
The Secretary of State must appoint the member who is to be the chief officer.
2
The chief officer must appoint the member who is to be the other officer member of the Authority.
Appointment of committees and sub-committees
3
1
Subject to such directions as may be given by the Secretary of State, the Authority may, and if so directed by the Secretary of State must, appoint committees of the Authority which may consist wholly or partly of members of the Authority or wholly of persons who are not members of the Authority.
2
A committee appointed under this regulation may, subject to such directions as may be given by the Secretary of State or the Authority, appoint sub-committees which may consist wholly or partly of members of the committee (whether or not they are members of the Authority) or wholly of persons who are not members of the Authority or the committee.
Arrangements for the exercise of functions
4
Subject to such directions as may be given by the Secretary of State, the Authority may make arrangements for the exercise on behalf of the Authority of any of its functions by a committee or sub-committee appointed by virtue of regulation 3 or by an officer of the Authority, in each case subject to such restrictions and conditions as the Authority thinks fit.
Meetings and proceedings
5
1
The meetings and proceedings of the Authority are to be conducted in accordance with the rules set out in the Schedule to these Regulations and with standing orders made under paragraph (2).
2
Subject to those rules, to regulation 6 (disability of members in proceedings on account of pecuniary interest) and to such directions as may be given by the Secretary of State, the Authority must make, and may vary or revoke, standing orders for the regulation of its proceedings and business, including provision for the suspension of all or any of the standing orders.
3
Subject to such directions as may be given by the Secretary of State, the Authority may make, vary and revoke standing orders relating to the quorum, proceedings and place of meeting of any committee or sub-committee of the Authority.
4
Subject to standing orders referred to in paragraph (3), the quorum, proceedings and place of meeting of a committee or sub-committee of the Authority is to be such as the committee or sub-committee may determine.
Disability of members in proceedings on account of pecuniary interest
6
1
This paragraph applies where a member has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at any meeting of the Authority at which the contract, proposed contract or other matter is the subject of consideration.
2
Subject to the following provisions of this regulation, where paragraph (1) applies the member must at the meeting and as soon as practicable after its commencement, disclose the interest and must not take part in the consideration or discussion of the contract, proposed contract or other matter or vote on any question with respect to it.
3
The Secretary of State may, subject to such conditions as the Secretary of State may think fit to impose, remove any disability imposed by this regulation in any case in which it appears to the Secretary of State to be in the interests of the health service that the disability should be removed.
4
The Authority may, by standing orders made under regulation 5(2), provide for the exclusion of a member from a meeting of the Authority while any contract, proposed contract or other matter in which the member has a pecuniary interest, direct or indirect, is under consideration.
5
Any remuneration, compensation or allowances payable to a member by virtue of paragraph 2 of Schedule 6 to the Act (pay and allowances) is not to be treated as a pecuniary interest for the purpose of this regulation.
6
Subject to paragraphs (3) and (7), the member shall be treated for the purpose of this regulation as having an indirect pecuniary interest in a contract, proposed contract or other matter if —
a
the member, or their nominee, is a director of a company or other body with which the contract was made or is proposed to be made, or which has a direct pecuniary interest in the other matter under consideration; or
b
the member is a partner of, or is in the employment of, a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration,
and in the case of two persons living together as a couple (whether married or not) the interest of one is, if known to the other, to be deemed for the purpose of this regulation to be also an interest of the other.
7
A member is not to be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only —
a
of membership of a company or other body, if the member has no beneficial interest in any securities of that company or other body; or
b
of an interest in any company, body or person with which the member is connected as mentioned in paragraph (6) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence the member in the consideration or discussion of, or voting on, any question with respect to that contract, proposed contract or other matter.
8
Where a member —
a
has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of a beneficial interest in securities of a company or other body; and
b
the total nominal value of those securities does not exceed £5,000 or one-hundredth of the total nominal value of the issued share capital of the company or body, whichever is the lesser; and
c
if the share capital is of more than one class, the total nominal value of shares of any one class in which the member has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class,
this regulation does not prohibit the member from taking part in the consideration or discussion of the contract, proposed contract or other matter, or from voting on any question with respect to it but in such circumstances the member must nonetheless disclose the interest.
9
This regulation applies to a committee or sub-committee as it applies to the Authority and applies to a member of any such committee or sub-committee (whether or not the member is also a member of the Authority) as it applies to a member of the Authority.
10
In this regulation —
“securities” means —
shares or debentures, whether or not constituting a charge on the assets of a company or other body, or rights or interests in any share or debenture, or
rights (whether actual or contingent) in respect of money lent to, or deposited with, any industrial or provident society; and
“shares” means shares in the share capital of a company or other body or the stock of a company or other body.
Reports by the Authority
7
The Authority must make such reports to the Secretary of State in such manner and at such time as the Secretary of State may direct, and must furnish to the Secretary of State such information as the Secretary of State may from time to time require.
Public meeting
8
1
Subject to paragraphs (2) and (3), any meeting of the Authority is to be open to the public.
2
A meeting of a committee or sub-committee of the Authority is not to be open to the public.
3
The Authority may, by resolution, exclude the public from a meeting (whether during the whole or part of the proceedings) whenever publicity would be prejudicial to the public interest by reason of the confidential nature of the business to be transacted or for other special reasons stated in the resolution and arising from the nature of that business or of the proceedings.
Signed by authority of the Secretary of State for Health.
Earl Howe
Parliamentary Under-Secretary of State,
Department of Health
22nd September 2011


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (LCH.Clearnet Limited) Regulations 2011 and come into force on 1st April 2011.
2
These Regulations have effect —
a
for the purposes of the charge to stamp duty, in relation to instruments executed on or after 1st April 2011;
b
for the purposes of the charge to stamp duty reserve tax —
i
in the case of agreements to transfer traded securities or options which are not conditional, in relation to agreements made on or after 1st April 2011;
ii
in the case of agreements to transfer traded securities or options which are conditional, in relation to agreements where the condition is satisfied on or after 1st April 2011.
Interpretation
2
In these Regulations —
“clearing participant” means a member of LCH.Clearnet who as such is permitted by the Rules of LCH.Clearnet to clear facility transactions and/or over the counter transactions;
“client” means a person who gives instructions to a non-clearing firm for traded securities or options to be sold in a facility transaction or an over the counter transaction;
“facility” means a recognised investment exchange within the meaning of sections 116(4)(b) and 117(3) of the Finance Act 1991;
“facility transaction” means a transaction in traded securities or options that is made on or reported to a recognised investment exchange;
“LCH.Clearnet” means LCH.Clearnet Limited ;
“nominee” means, save in relation to a non-clearing firm or its client (regulation 4(3)(b) and (e)), a person whose business is or includes holding traded securities or options as a nominee for LCH.Clearnet, or another prescribed recognised clearing house, acting in its capacity as a person providing clearing services in connection with an over the counter transaction or a facility transaction, or as a nominee for a clearing participant;
“non-clearing firm” means a person other than a clearing participant who has an agreement with a clearing participant to clear over the counter transactions or facility transactions or both;
“option” means an option to buy or sell traded securities;
“over the counter transaction” means a transaction in traded securities or options made other than on a recognised investment exchange”;
“traded securities” means stocks and shares which are issued or raised by a body corporate but does not include stocks and shares issued or raised by a body corporate not incorporated in the United Kingdom unless —
the stocks and shares are registered in a register kept in the United Kingdom by or on behalf of the body corporate; or
in the case of shares, they are paired, within the meaning of section 99(6A) of the Finance Act 1986 , with shares issued by a body corporate incorporated in the United Kingdom.
Prescription of a recognised clearing house
3
For the purposes of sections 116 and 117 of the Finance Act 1991 LCH.Clearnet is prescribed as a recognised clearing house.
Prescribed circumstances for the purposes of sections 116 and 117
4
1
In the circumstances prescribed by paragraph (2), the charges to stamp duty and stamp duty reserve tax shall be treated as not arising.
2
The circumstances prescribed are where, in connection with a facility transaction or an over the counter transaction (excluding transactions that come within section 80C and 89AA of the Finance Act 1986 ), conditions A, B and C are met.
3
Condition A is that traded securities or options are transferred, or agreed to be transferred, from —
a
a clearing participant or its nominee to another clearing participant or its nominee;
b
a non-clearing firm or its client, or nominee of a non-clearing firm or its client, to a clearing participant or its nominee;
c
a clearing participant or its nominee to LCH.Clearnet or its nominee;
d
a person other than a clearing participant to LCH.Clearnet or its nominee, as a result of a failure by a clearing participant to fulfil its obligations in respect of the transaction concerned to transfer traded securities or options to LCH.Clearnet, or its nominee;
e
a person other than a clearing participant to a clearing participant or its nominee as a result of a failure by a non-clearing firm or its client, or nominee of a non-clearing firm or its client or by another clearing participant or its nominee to fulfil its obligations in respect of the transaction concerned to transfer traded securities or options to that clearing participant or its nominee;
f
a prescribed recognised clearing house or its nominee to LCH.Clearnet or its nominee; or
g
LCH.Clearnet or its nominee to a clearing participant or its nominee.
4
Condition B is that the person to whom those securities or options are agreed to be transferred under any of the agreements specified in paragraph (3) (“the relevant agreement”) is required on receipt of those securities or options to transfer traded securities or options under a matching agreement to another person or, in the case of an agreement falling within paragraph (3)(d) or (3)(e), would have been so required if the failure referred to in those paragraphs had not occurred.
5
Condition C is that where traded securities or options which are the subject of the relevant agreement are received by a clearing participant, the agreement must be identified by the clearing participant as an agreement that has been made solely in relation to the clearing of those traded securities or options on behalf of a third party.
6
In this regulation “matching agreement” means an agreement under which —
i
the traded securities or options agreed to be transferred are of the same kind as the traded securities or options agreed to be transferred under the relevant agreement; and
ii
the number and transfer price of the traded securities or options agreed to be transferred are in total identical to the number and transfer price of the traded securities or options agreed to be transferred under the relevant agreement.
Jeremy Wright
Brooks Newmark
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 2011


text:
Citation
1
This Order may be cited as the Flood and Water Management Act 2010 (Commencement No. 4 and Transitional Provisions) Order 2011.
Interpretation
2
In this Order, “the 2010 Act” means the Flood and Water Management Act 2010.
Provisions coming into force on 1st October 2011
3
1
The following provisions of the 2010 Act come into force on 1st October 2011 —
a
section 27 (sustainable development);
b
section 33 (reservoirs), so far as it relates to the provisions of Schedule 4 (reservoirs) commenced by this article;
c
section 44 (social tariffs);
d
paragraph 1 of Schedule 4;
e
paragraphs 2, 4, 7, 10, 12, 25, 27, 30, 32, 33 and 37 of Schedule 4, so far as the amendments made by those paragraphs provide power for the Minister, as defined in paragraph 42(1) of that Schedule, to make regulations or orders under the Reservoirs Act 1975 ;
f
paragraphs 22 and 31 of Schedule 4, so far as the amendments made by those paragraphs amend the power for the Minister, as defined in paragraph 42(1) of that Schedule, to make regulations or rules under the Reservoirs Act 1975;
g
paragraph 38 of Schedule 4 (regulations and orders);
h
paragraph 39 of Schedule 4 (charges);
i
paragraph 40 of Schedule 4 (power to make further provision);
j
paragraph 42 of Schedule 4 (Ministerial responsibility);
k
paragraph 43 of Schedule 4 (cross-border England-Scotland reservoirs).
2
The following provisions of the 2010 Act come into force on 1st October 2011 in relation to Wales only —
a
section 31 (amendment of other Acts), so far as it relates to the provisions of Schedule 2 commenced by this article;
b
paragraphs 1 to 24 of Schedule 2 (amendment of the Coast Protection Act 1949 );
c
paragraphs 29, 30, 35, 36, 38 and 39 of Schedule 2 (amendment of the Land Drainage Act 1991 );
d
paragraphs 45 to 47 and 49 of Schedule 2 (amendment of the Water Resources Act 1991 ).
Provisions coming into force on 1st November 2011
4
The following provisions of the 2010 Act come into force on 1st November 2011 —
a
section 11 (effect of national and local strategies: England) in relation to Wales only;
b
section 12 (effect of national and local strategies: Wales);
c
section 18 (Environment Agency: reports) in relation to Wales only.
Transitional provisions
5
1
Despite the amendments made by paragraphs 1 to 24 of Schedule 2 to the 2010 Act, the provisions of the Coast Protection Act 1949 as in force immediately before 1st October 2011 in relation to Wales continue to apply to any coast protection work started in relation to Wales before that date.
2
Despite the amendment made by paragraph 30 of Schedule 2 to the 2010 Act, section 17 of the Land Drainage Act 1991 continues to apply to a local authority for an area in Wales unless the lead local flood authority for that area has published a summary of its local flood risk management strategy under section 10(7) of the 2010 Act.
3
In this article —
“coast protection work” has the meaning given in section 49(1) of the Coast Protection Act 1949 as in force immediately before 1st October 2011 in relation to Wales; and
“local authority” has the meaning given in section 72(1) of the Land Drainage Act 1991.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
5th September 2011
John Griffiths
Minister for Environment and Sustainable Development
one of the Welsh Ministers
2nd September 2011


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Investment Bank (Amendment of Definition) Order 2011 and comes into force on the day after the day on which it is made.
2
In this Order, “ the Act ” means the Banking Act 2009.
Meaning of “client assets”
2
1
For the purposes of sections 232 to 236 of the Act, “client assets” —
a
includes money, but
b
does not include anything which an institution holds for the purposes of carrying on an insurance mediation activity unless —
i
the activity arises in the course of carrying on an investment activity, or
ii
the institution has elected, in relation to the thing, to comply with rules that would apply in relation to it if the activity were not an insurance mediation activity.
2
In this article, the definitions in section 232(5B) of the Act (inserted by article 3(2)) apply.
Amendments consequential on article 2
3
1
Section 232 of the Act (definition of “investment bank”) is amended as follows.
2
After subsection (5) insert —
5A
In subsection (4), “assets” —
a
includes money, but
b
does not include anything which an institution holds for the purposes of carrying on an insurance mediation activity unless —
i
the activity arises in the course of carrying on an investment activity, or
ii
the institution has elected, in relation to the thing, to comply with rules that would apply in relation to it if the activity were not an insurance mediation activity.
5B
In this section —
“rules” means general rules (within the meaning of the Financial Services and Markets Act 2000 ) made by virtue of section 139(1) of that Act;
“insurance mediation activity” has the meaning given by paragraph 2(5) of Schedule 6 to that Act (read as mentioned in paragraph 2(6) of that Schedule); and
“investment activity” means —
anything that falls within the definition of “investment services and activities” in section 417(1) of that Act; or
anything that is “designated investment business” within the meaning of the Financial Services Authority Handbook.
.
Brooks Newmark
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
7th February 2011


text:
Citation
1
This Order may be cited as the International Tax Enforcement (Saint Vincent and the Grenadines) Order 2011.
Tax information exchange agreement to have effect
2
It is declared that —
a
the agreement set out in the Schedule to this Order has been made with the Government of Saint Vincent and the Grenadines with a view to the exchange of information foreseeably relevant to the administration or enforcement or recovery of the taxes, and debts relating to the taxes, covered by the agreement; and
b
it is expedient that the agreement should have effect.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations —
a
may be cited as the Marine and Coastal Access Act 2009 (Amendment) Regulations 2011; and
b
come into force on 6th April 2011.
Amendment of section 75 of the Marine and Coastal Access Act 2009
2
1
Section 75 of the Marine and Coastal Access Act 2009 (exemptions for certain dredging etc activities) is amended as follows.
2
In subsection (1) —
a
the words from “the conditions” to the end become paragraph (a); and
b
after that paragraph insert —
, and
b
where the activity involves the disposal or recovery of waste materials, the additional conditions in subsection (2A) are met
.
3
After subsection (2) insert —
2A
The additional conditions are —
a
that the activity involves the relocation of sediments inside surface waters,
b
that the activity is for the purpose of —
i
managing waters or waterways,
ii
preventing floods,
iii
mitigating the effects of floods or droughts, or
iv
land reclamation, and
c
that it is proved to the satisfaction of the appropriate licensing authority for the area in which the activity is to be undertaken that the sediments are not hazardous waste.
.
4
After subsection (4) insert —
5
Any expression used in subsection (1)(b) or (2A) and also in Directive 2008/98/ EC of the European Parliament and of the Council of 18 November 2008 on waste has the same meaning as in that Directive.
.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
9th February 2011


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Sussex Hospitals National Health Service Trust (Establishment) and the Eastbourne Hospitals National Health Service Trust and Hastings and Rother National Health Service Trust (Dissolution) Amendment Order 2011 and shall come into force on 13th May 2011.
2
In this Order —
“the Establishment Order ” means the East Sussex Hospitals National Health Service Trust (Establishment) and the Eastbourne Hospitals National Health Service Trust and Hastings and Rother National Health Service Trust (Dissolution) Order 2002 ;
“the trust” means the NHS trust established by the Establishment Order.
Amendment of article 1 of the Establishment Order
2
In article 1 of the Establishment Order (citation, commencement and interpretation), in paragraph (2) —
a
for the definition of “ the Act ”, substitute —
“the Act” means the National Health Service Act 2006;
;
b
for the definition of “community health services”, substitute —
“community health services” means any services which the Secretary of State has a duty to provide under section 3(1)(b), (d) or (e) of, or paragraph 1 or 8 of Schedule 1 to, the Act and any service which the Secretary of State may provide under paragraph 2 or 7A of that Schedule;
; and
c
omit the definition of “operational date”.
Change of name of trust and transitional provision
3
1
The trust shall be called the East Sussex Healthcare National Health Service Trust instead of the East Sussex Hospitals National Health Service Trust.
2
Accordingly in article 1(2) of the Establishment Order in the definition of “the trust”, and in article 2 of the Establishment Order (establishment and name of trust), for “Hospitals” substitute “Healthcare”.
3
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Substitution of article 3 of the Establishment Order
4
For article 3 of the Establishment Order (nature and functions of the trust) substitute —
Nature and functions of the trust
3
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service.
.
Substitution of article 5 of the Establishment Order
5
For article 5 of the Establishment Order (operational date and accounting date of the trust) substitute —
Accounting date of the trust
5
The accounting date of the trust shall be 31st March.
.
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
26th April 2011


text:
Title, commencement and application
1
1
These Regulations may be cited as the Transfer of Functions (Food) Regulations 2011, and come into force on 16th January 2012.
2
These Regulations apply in relation to England only.
Amendment of the Medical Food (England) Regulations 2000
2
In regulation 3 (restrictions on sale) of the Medical Food (England) Regulations 2000 , in paragraph (3), sub-paragraph (a), for “the Food Standards Agency” substitute “the Secretary of State”.
Amendment of the Notification of Marketing of Food for Particular Nutritional Uses (England) Regulations 2007
3
1
The Notification of Marketing of Food for Particular Nutritional Uses (England) Regulations 2007 are amended as follows.
2
In regulation 2 (interpretation), in paragraph (i), after the definition of “the Act” insert —
“the Agency” means “the Food Standards Agency;”
.
3
In regulation 3 (restriction on sale), paragraph (2), sub-paragraph (a), for “the Food Standards Agency” substitute “the Secretary of State”.
Amendment of the Nutrition and Health Claims (England) Regulations 2007
4
In regulation 3 (competent authorities) of the Nutrition and Health Claims (England) Regulations 2007 , in paragraph (a), for “the Food Standards Agency” substitute “the Secretary of State”.
Amendment of the Infant Formula and Follow-on Formula (England) Regulations 2007
5
1
The Infant Formula and Follow-on Formula (England) Regulations 2007 are amended as follows.
2
In regulation 2 (interpretation) omit the definition of “the Agency”.
3
In regulation 13 (notification of infant formula) for “the Agency by forwarding to it” substitute “the Secretary of State by forwarding to the Secretary of State”.
Signed by authority of the Secretary of State for Health.
Anne Milton
Parliamentary Under-Secretary of State,
Department of Health
14th December 2011