text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Immigration and Nationality (Fees) Regulations 2010 and shall come into force on 6 th April 2010.
2
In these Regulations —
“the 1981 Act ” means the British Nationality Act 1981 ;
“the 2007 Order ” means the Immigration and Nationality (Fees) Order 2007 ;
“an application for naturalisation” means an application for naturalisation as a —
British citizen under section 6(1) or (2) of the 1981 Act, or
British overseas territories citizen under section 18(1) or (2) of the 1981 Act;
“an application for registration” means an application for registration as a —
British citizen under section 1(3) or (4), 3(1), (2) or (5) , 4(2) or (5), 4A , 4B , 4C , 10(1) or (2) , or 13(1) or (3) of, or paragraph 3 , 4 or 5 of Schedule 2 to, the 1981 Act,
British overseas territories citizen under sections 24 and 13(1) or (3), or 15(3) or (4), 17(1), (2) or (5), or 22(1) or (2) of, or paragraph 3, 4 or 5 of Schedule 2 to, the 1981 Act,
British overseas citizen under section 27(1) of, or paragraph 4 or 5 of Schedule 2 to, the 1981 Act, or
British subject under section 32 of, or paragraph 4 of Schedule 2 to, the 1981 Act;
“assistance” means assistance, accommodation or maintenance provided under —
section 17, 20 or 23 of the Children Act 1989 ,
section 22, 25 or 26 of the Children (Scotland) Act 1995 , or
article 18, 21 or 27 of the Children (Northern Ireland) Order 1995 ;
“certificate of sponsorship” means an authorisation issued by the Secretary of State to a sponsor in respect of one or more applications, or potential applications, for leave to remain in or enter the United Kingdom under the immigration rules;
“charity” means an English charity, a Scottish charity or a Northern Ireland charity;
“child” means a person under the age of eighteen;
“claim for asylum” has the meaning given in section 94(1) of the Immigration and Asylum Act 1999 , and a claim for asylum is to be taken to be determined —
on the day on which the Secretary of State notifies the claimant of his decision on the claim,
if the claimant has appealed against the Secretary of State’s decision, on the day on which the appeal is disposed of, or
if the claimant has brought an in-country appeal against an immigration decision under section 82 of the Nationality, Immigration and Asylum Act 2002 or section 2 of the Special Immigration Appeals Commission Act 1997 , on the day on which the appeal is disposed of;
“ Council of Europe Social Charter ” means the Council of Europe Treaty establishing social and economic human rights signed in Turin on 18 th October 1961 ;
“ Council of Europe Revised Social Charter ” means the Council of Europe Treaty signed in Strasbourg on 3 rd May 1996 ;
“dependant” in respect of a person means —
the spouse, civil partner, unmarried or same-sex partner, or
a child,
of that person;
“English charity” means a charity as defined in section 1 of the Charities Act 2006 ;
“European Community Association Agreement” means the —
Agreement establishing an Association between the European Community and Turkey, signed at Ankara on 12 September 1963,
Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, signed at Brussels on 8th March 1993, and
Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Romania, of the other part, signed at Brussels on 1st February 1993;
“Highly Skilled Migrant Programme” means the programme operated by the Secretary of State for highly skilled migrants under the immigration rules;
“immigration rules” means rules made under section 3(2) of the Immigration Act 1971 ;
“leave to remain” includes variation of leave to enter or remain;
“Northern Ireland charity” means a charity within the meaning of section 1 of the Charities Act (Northern Ireland) 2008 ;
“school teacher” has the same meaning as in section 122 of the Education Act 2002 ;
“Scottish charity” means a body entered in the Scottish Charity Register;
“Sectors-Based Scheme” means the programme operated by the Secretary of State for employment as a sector based worker under the immigration rules;
“small sponsor” means a sponsor that is either —
a company that qualifies as small in accordance with sections 382 and 383 of the Companies Act 2006 ; or
in the case of a person who is not a company for the purposes of sections 382 and 383 of the Companies Act 2006 and therefore does not qualify as small in accordance with those sections, a person who employs no more than 50 employees; or
a charity;
“sponsor” means a sponsor within the meaning of the immigration rules;
“sponsorship licence” means a sponsor licence as identified within the immigration rules;
“Tier 1 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 1” of the immigration rules’ “Points-Based System”;
“Tier 2 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 2” of the immigration rules’ “Points-Based System”;
“Tier 4 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 4” of the immigration rules’ “Points-Based System”;
“Tier 5 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 5” of the immigration rules’ “Points-Based System”;
“unmarried or same sex partner” of a person means a person who is living with that other person in a relationship akin to marriage or civil partnership which has subsisted for two years or more;
“work permit employment” means employment as a work permit holder under the immigration rules.
Fees for applications for leave in the United Kingdom
3
1
In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies, where the application is for limited leave to remain in the United Kingdom —
a
for the purposes of employment under the Sectors-Based Scheme;
b
for Home Office approved training; or
c
as a seasonal agricultural worker,
under the immigration rules, the fees are those specified in paragraph (2).
2
The fees are —
a
£550 where such application is made in person at a Public Enquiry Office of the UK Border Agency of the Home Office; or
b
£350 for an application made by post or courier.
3
Paragraphs (1) and (2) are subject to regulations 15, 16, 18, 19 and 20.
4
In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies, where the application is for limited leave to remain in the United Kingdom for work permit employment the fee is —
a
£650 where such application is made in person at the relevant Public Enquiry Office of the UK Border Agency of the Home Office; or
b
£400 for an application made by post or courier.
5
Paragraph (4) is subject to regulations 11, 15, 16, 18, 19 and 20.
6
This regulation is subject to regulation 12.
4
1
In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies, where the application is for limited leave to remain in the United Kingdom as —
a
a retired person of independent means; or
b
a sole representative,
under the immigration rules, the fee is £800.
2
This regulation is subject to regulations 11, 12, 16, 18, 19 and 20.
5
1
In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies, where the application is for limited leave to remain in the United Kingdom as a Tier 1 migrant, the fees are those specified in paragraphs (2) and (3).
2
Where the application is for limited leave to remain in the United Kingdom as a Tier 1 (General) migrant, a Tier 1 (Investor) migrant or a Tier 1 (Entrepreneur) migrant under the immigration rules, the fee is —
a
subject to sub-paragraphs (b) and (c), £840 for an application made by post or courier;
b
subject to sub-paragraph (c), £767 for an application made by post or courier where the application is for leave to remain as a Tier 1 (General) migrant or a Tier 1 (Entrepreneur) migrant under the immigration rules and is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter;
c
subject to regulation 15, £408 for an application made by post or courier in respect of a person who has been granted an approval letter under the Highly Skilled Migrant Programme that is valid for such an application;
d
subject to sub-paragraphs (e) and (f), £1095 where such application is made in person at a Public Enquiry Office of the UK Border Agency of the Home Office;
e
£992 for an application made in person at a Public Enquiry Office of the UK Border Agency of the Home Office where the application is for leave to remain as a Tier 1 (General) migrant under the immigration rules and is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter;
f
subject to regulation 15, £663 where such an application is made in person at a Public Enquiry Office of the UK Border Agency of the Home Office by a person who has been granted an approval letter under the Highly Skilled Migrant Programme that is valid for such an application.
3
Where the application is for limited leave to remain in the United Kingdom as a Tier 1 (Post Study Work) migrant under the immigration rules the fee is —
a
£550 for an application made by post or courier; or
b
£800 where such application is made in person at a Public Enquiry Office of the UK Border Agency of the Home Office.
4
This regulation is subject to regulations 11, 12, 18, 19 and 20.
6
1
In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies, where the application is for limited leave to remain in the United Kingdom, other than an application referred to in paragraph (2), the fee is —
a
£730 where such application is made in person at a Public Enquiry Office of the UK Border Agency of the Home Office; or
b
£475 for an application made by post or courier
2
The fee referred to in paragraph (1) does not apply to applications for limited leave to remain in the United Kingdom —
a
for work permit employment;
b
for the purposes of employment under the Sectors-Based Scheme;
c
for Home Office approved training;
d
as a seasonal agricultural worker;
e
as a retired person of independent means;
f
as a sole representative;
g
as a student;
h
to re-sit an examination;
i
to write up a thesis;
j
as a student union sabbatical officer;
k
as a prospective student; or
l
of a kind identified in the immigration rules as requiring to be considered under a “Points-Based System”,
under the immigration rules.
3
This regulation is subject to regulations 11, 12, 13, 17, 18, 19 and 20.
7
1
In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies, where the application is for limited leave to remain in the United Kingdom as a Tier 2 migrant, the fee is —
a
subject to sub-paragraph (b), £475 for an application made by post or courier;
b
£434 where such application made by post or courier is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter;
c
subject to sub-paragraph (d), £730 for an application made at a Public Enquiry Office of the UK Border Agency of the Home Office;
d
£669 where such application made at a Public Enquiry Office of the UK Border Agency of the Home Office is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter.
2
This regulation is subject to regulations 11, 12, 18, 19 and 20.
8
1
In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies, where the application is for limited leave to remain in the United Kingdom as a Tier 4 migrant, the fee is £628 for an application made at a Public Enquiry Office of the UK Border Agency of the Home Office.
2
This regulation is subject to regulations 11, 12, 16, 17, 18, 19 and 20.
9
1
In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies, where the application is for limited leave to remain in the United Kingdom as a Tier 5 (Temporary Worker) migrant and the application is made at a Public Enquiry Office of the UK Border Agency of the Home Office, the fee is —
a
subject to sub-paragraph (b), £578; or
b
£521 where the application is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter.
2
This regulation is subject to regulations 12, 16, 17, 18, 19 and 20.
10
1
In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies, where the application is for indefinite leave to remain in the United Kingdom, the fee is —
a
subject to sub-paragraphs (b) and (c), £1095 for an application made in person at a Public Enquiry Office of the UK Border Agency of the Home Office;
b
£992 where an application is made in person at a Public Enquiry Office of the UK Border Agency of the Home Office in so far as the application is in respect of a person —
i
to whom paragraph (2) applies; and
ii
who is a national of a state which has ratified the Council of Europe Social Charter;
c
£1930 where an application is made in person at a Public Enquiry Office of the UK Border Agency of the Home Office in respect of a parent, grandparent or other dependant relative of a person present and settled in the United Kingdom, applying under paragraph 317 of the immigration rules;
d
subject to sub-paragraphs (e) and (f), £840 for an application made by post or courier;
e
£767 for an application made by post or courier in so far as the application is in respect of a person —
i
to whom paragraph (2) applies; and
ii
who is a national of a state which has ratified the Council of Europe Social Charter;
f
£1680 where an application is made by post or courier and is in respect of a parent, grandparent or other dependant relative of a person present and settled in the United Kingdom, applying under paragraph 317 of the immigration rules.
2
This paragraph applies to the following —
a
a work permit holder;
b
a highly skilled migrant;
c
a Tier 1 (General) migrant;
d
a Tier 1 (Entrepreneur) migrant;
e
a Tier 2 migrant;
under the immigration rules.
3
This regulation is subject to regulations 11, 12, 13, 14, 17, 18, 19 and 20.
11
The applicant incurs an increase of £50 to the application fee for each person submitted as a dependant to that application whether —
a
the dependant is included on the application form; or
b
a separate application as a dependant is submitted at the same time.
12
The applicant must pay a further 10% of the application fee for each person submitted as a dependant to that application whether —
a
the dependant is included on the application form; or
b
a separate application as a dependant is submitted at the same time.
Exceptions in respect of fees for leave to remain applications
13
No fee is payable in connection with an application for leave to remain in the United Kingdom, which is made on the basis that the applicant is —
a
a person making a claim for asylum which has not been determined or has been granted;
b
a person who has been granted humanitarian protection under the immigration rules;
c
a person who has been granted limited leave to enter or remain in the United Kingdom outside the provisions of the immigration rules on the rejection of their claim for asylum; or
d
a dependant of a person referred to in paragraph (a), (b) or (c).
14
No fee is payable in connection with an application referred to in regulation 10, where the application is for indefinite leave to remain in the United Kingdom as a victim of domestic violence under the immigration rules, where at the time of making the application, the applicant appears to the Secretary of State to be destitute.
15
No fee is payable in connection with applications referred to in —
a
regulation 3;
b
regulation 5(2)(c) and 5(2)(f)
where the application is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter or the Council of Europe Revised Social Charter.
16
No fee is payable in respect of applications referred to in regulations 3, 4, 8 or 9, if the application is made to an immigration officer on arrival at a port of entry in the United Kingdom in respect of a person seeking variation of leave to enter or remain in the United Kingdom for a period of up to 6 months.
17
No fee is payable in respect of an application referred to in regulations 6, 8, 9 or 10 if the application is made in respect of a person who, at the time of making the application, is a child and is being provided with assistance by a local authority (or, in Northern Ireland, an authority, which has the meaning given in article 2(2) of the Children (Northern Ireland) Order 1995) .
18
1
If the conditions specified in paragraph (2) are met, a single fee is payable in connection with the applications made.
2
The conditions are —
a
an application is made by an applicant (A) for limited or indefinite leave to remain in the United Kingdom; and
b
at the same time A makes a similar application on behalf of one or more of his dependants, in circumstances where such persons are applying as dependants of A.
3
The fee payable shall be the fee specified for the application in respect of A.
19
1
Where two or more applications for leave to remain or indefinite leave to remain in the United Kingdom are made at the same time, or are being considered by the Secretary of State, in respect of the same person and fees are specified in respect of those applications, a single fee shall be payable.
2
The fee payable shall be the higher, or as the case may be, the highest of the fees specified in respect of those applications, where those fees are different.
20
No fee is payable in respect of an application referred to in regulations 3, 4, 5, 6, 7, 8, 9 and 10 if it is made under the terms of a European Community Association Agreement.
Fees for nationality applications
21
1
In the case of an application to which article 3(2)(f) or (g) of the 2007 Order applies, namely an application for naturalisation, the fee is £655.
2
Subject to paragraph (3), where either a husband and wife, or two people who are civil partners of each other, apply at the same time for naturalisation as British citizens or British overseas territories citizens and at the time of the applications are residing together, the total fee payable in respect of those applications shall be £770.
3
Paragraph (2) does not apply to any fee which is payable in respect of the arrangement of a citizenship ceremony.
22
1
Subject to paragraph (2), in the case of an application to which article 3(2)(h) to (l) of the 2007 Order applies, namely an application for registration of either an adult or a child, the fee is £470.
2
Where an application for registration of two children is made and those children have the same parent, or parents, the total fee payable in respect of that application shall be £567, with an increase of £97 to the application fee for every additional child registered.
3
In this regulation, “parent” includes a step-parent and an adoptive parent.
Fees for sponsorship applications
23
1
In the case of an application to which article 3(2)(p) of the 2007 Order applies, where the application is not in respect of a person who, if granted a sponsorship licence, would be a small sponsor, and the application is for a licence referred to in paragraph (2), the fee is £1000.
2
The sponsorship licences are —
a
a sponsorship licence in respect of Tier 2 migrants;
b
a sponsorship licence in respect of Tier 2 and Tier 4 migrants;
c
a sponsorship licence in respect of Tier 2 and Tier 5 migrants; and
d
a sponsorship licence in respect of Tier 2, Tier 4 and Tier 5 migrants.
Fees for entry clearance applications
24
1
In the case of an application to which article 3(2)(aa) of the 2007 Order applies namely an application for entry clearance —
a
subject to sub-paragraph (b) where the application is for entry clearance as a Tier 1 (General) migrant, a Tier 1 (Investor) migrant or a Tier 1 (Entrepreneur) migrant under the immigration rules, the fee is £690;
b
where the application is for entry clearance as a Tier 1 (General) migrant or a Tier 1 (Entrepreneur) migrant under the immigration rules and is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter, the fee is £629;
c
where the application is for entry clearance as the dependant of a Tier 1 (General) migrant, a Tier 1 (Investor) migrant or a Tier 1 (Entrepreneur) migrant under the immigration rules, the fee is £690;
d
subject to sub-paragraph (e), where the application is for entry clearance as a Tier 2 migrant, the fee is £270;
e
where the application is for entry clearance as a Tier 2 migrant and is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter, the fee is £250;
f
where the application is for entry clearance as the dependant of a Tier 2 migrant, the fee is £270;
g
subject to sub-paragraph (h) where the application is for entry clearance for settlement in the United Kingdom, the fee is £644;
h
where the application is for entry clearance for settlement in respect of a parent, grandparent or other dependant relative of a person present and settled in the United Kingdom, applying under paragraph 317 of the immigration rules, the fee is £1680;
i
where the application is for entry clearance as a visitor for a period of more than 6 months the fee is —
i
£230 for a period of more than 6 months and not more than 2 years;
ii
£420 for a period of more than 2 years and not more than 5 years;
iii
£610 for a period of more than 5 years and not more than 10 years;
j
where the application is for entry clearance other than —
i
for the purposes listed in sub-paragraphs (a) to (i);
ii
as a visitor for a period of six months or less under the immigration rules;
iii
as a student under the immigration rules;
iv
as a Tier 4 migrant;
v
as a Tier 5 migrant; or
vi
for passing through the United Kingdom,
the fee is £230.
2
This regulation is subject to regulations 25 and 26.
Exceptions and waivers in respect of fees for entry clearance applications
25
No fee is payable by the applicant in relation to an application referred to in regulation 24 where —
a
it is in connection with the official duty of any official of Her Majesty’s Government;
b
it is for the purpose of family reunion under Part 11 of the immigration rules; or
c
the Secretary of State determines that the fee should be waived.
26
The official determining the application may waive the payment of a fee required under regulation 24 where —
a
it is made by a candidate for or holder of a scholarship funded by Her Majesty’s Government and is in connection with such scholarship; or
b
where the official so decides as a matter of international courtesy; or
c
where the applicant intends to visit the United Kingdom in connection with one of the Foreign and Commonwealth Office’s Strategic or Bilateral Programmes.
Fee for the process of issuing a certificate of sponsorship
27
1
Subject to paragraph (2), in the case of a process to which article 5 of the 2007 Order applies, the fee shall be £170 where the process is the issuing of a certificate of sponsorship in respect of an application or potential application for leave to remain in or enter the United Kingdom as a Tier 2 migrant.
2
No fee is payable in respect of the process for which a fee is specified in paragraph (1) where the certificate is issued in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter or the Council of Europe Revised Social Charter.
Fees for transfer of conditions
28
1
In the case of an application to which article 3(2)(c) of the 2007 Order applies and the application is made at a Public Enquiry Office of the UK Border Agency of the Home Office the fee is £578.
2
This regulation is subject to regulation 12.
Fee for Premium Case Working Service
29
In respect of an application to which article 3(2)(a) or (b) of the 2007 Order applies, namely an application for limited leave to remain in the United Kingdom, where the applicant has opted to make the application on a premium case working basis involving the attendance of a representative of the Secretary of State at the applicant’s premises resulting in a same day decision, the fee is £15,000.
Consequences of failing to pay the specified fee
30
Where an application to which these Regulations refer is to be accompanied by a specified fee, the application is not validly made unless it has been accompanied by that fee.
Revocation
31
These Regulations revoke the Immigration and Nationality (Fees) Regulations 2009 .
Phil Woolas
Minister of State
Home Office
10th March 2010
We consent
Dave Watts
Frank Roy
Two Lords Commissioners of Her Majesty’s Treasury
8th March 2010


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the New Woodlands School (Amendment) Order 2010 and comes into force on 30th September 2010.
Amendment
2
In article 8 of the 2007 Order (time period) for “30th September 2010” substitute “30th September 2013”.
Jonathan Hill
Parliamentary Under Secretary of State
Department for Education
2nd September 2010


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) Regulations 2010 and they come into force on 1st April 2010.
Amendment of Regulations
2
The Road Vehicles (Registration and Licensing) Regulations 2002 are amended as follows.
Schedule 2 (Reduced Pollution Certificates and the Reduced Pollution Requirements)
3
1
Paragraph 13 of Schedule 2 is amended as follows.
2
In sub-paragraph (1), for “sub-paragraphs (2) and (3)” substitute “sub-paragraph (2)”.
3
Omit sub-paragraph (3).
Schedule 3 (Issue of New Registration Document)
4
1
Paragraph 7 of Schedule 3 is amended as follows.
2
In sub-paragraph (1), for “sub-paragraphs (2) and” substitute “sub-paragraph”.
3
Omit sub-paragraph (2).
4
In sub-paragraph (3), for “that person” substitute “the person submitting the vehicle for examination,”.
Signed by authority of the Secretary of State
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
23rd February 2010


text:
Citation and commencement
1
This Order may be cited as the Occupational Pension Schemes (Levy Ceiling – Earnings Percentage Increase) Order 2010 and shall come into force on 3rd February 2010.
The earnings percentage
2
For the purposes of section 178(3)(a) of the Pensions Act 2004 (the levy ceiling), the percentage by which it appears to the Secretary of State that the general level of earnings has increased during the review period is 0.9%.
Signed by authority of the Secretary of State for Work and Pensions.
Angela Eagle.
Minister of State,
Department for Work and Pensions
5th January 2010


text:
Citation, Commencement and Interpretation
1
1
These Regulations may be cited as the Aviation Security Regulations 2010 and they come into force on 29th April 2010.
2
In these Regulations “the 1982 Act ” means the Aviation Security Act 1982 .
Designation
2
The Secretary of State for Transport is the designated single authority responsible for the coordination and monitoring of the implementation of security standards for the purposes of Article 9 of Regulation ( EC ) 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security .
Amendments to the 1982 Act
3
Part II of the 1982 Act (protection of aircraft, aerodromes and air navigation installations against acts of violence) is amended in accordance with regulations 4 to 11.
Purposes to which Part II applies
4
In section 10 (purposes to which Part II applies), after subsection (2), add —
3
The purpose of protecting civil aviation against acts of unlawful interference that jeopardise the security of civil aviation is to be treated as a purpose to which this Part applies (in so far as it is not a purpose to which this Part applies by virtue of subsection (1)).
4
The reference in subsection (3) to protecting civil aviation against acts of unlawful interference that jeopardise the security of civil aviation has the same meaning as in the Framework Regulation.
Inspection of aircraft and aerodromes
5
Section 20 (inspection of aircraft and aerodromes) is amended as follows —
a
after subsection (3), insert —
3A
Subject to subsection (4) below, an authorised person has such powers to enter aircraft, buildings or works or to enter upon land as are necessary for the purpose of accompanying a Commission inspector on a Commission inspection.
;
b
in subsection (4), for “subsection (3)”, substitute “subsections (3) and (3A)”;
c
after subsection (4), insert —
4A
For the purpose of enabling a Commission inspector to conduct a Commission inspection, the Commission inspector has such powers as an authorised person has for the purpose of an inspection under this section.
; and
d
after subsection (5), add —
6
In this section —
“Commission inspection” means an inspection conducted pursuant to Article 15 of the Framework Regulation;
“Commission inspector” means a person entitled to conduct a Commission inspection.
Offences relating to authorised persons
6
In section 21E (offences relating to authorised persons) , after subsection (3), add —
4
The offence in subsection (1) applies in respect of a Commission inspector as it applies in respect of an authorised person.
Amendment to penalties
7
In the following provisions, for “one-tenth of level 5 on the standard scale” substitute “£100” —
a
section 12(10) (power to impose restrictions in relation to aircraft) ;
b
section 13(4A) (power to require aerodrome managers to promote searches at aerodromes) ;
c
section 13A(4) (power to require other persons to promote searches) ;
d
section 14(7A) (general power to direct measures to be taken for the purposes to which Part II applies) ; and
e
section 18C(2) (offences relating to enforcement notices) .
Interpretation
8
Section 24A (interpretation of Part II) is amended as follows —
a
in subsection (1), omit the “and” following the definition of “enforcement notice”;
b
in subsection (1), after the definition of “enforcement notice”, insert —
“Framework Regulation” means Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security,
;
c
in subsection (1), after the definition of “restricted zone”, add
, and
“security restricted area” has the meaning given by Article 3 of the Framework Regulation.
; and
d
after subsection (2), add —
3
For the purposes of this Part of this Act, in circumstances where the Framework Regulation does not apply, references to a security restricted area are to be read as references to a restricted zone (and references to that area are to be read accordingly).
Renaming “restricted zone” as “security restricted area”
9
In the following provisions, for “restricted zone” substitute “security restricted area” —
a
section 11(1)(d) (power for Secretary of State to require information) ;
b
section 11A (designation of restricted zones), in each place it occurs (including the title) ;
c
section 13A(1)(b) (power to require other persons to promote searches);
d
section 14 (general power to direct measures to be taken for purposes to which Part II applies), in each place it occurs;
e
section 20(1)(c)(ii) (inspection of aircraft and aerodromes);
f
section 21A (false statements relating to baggage, cargo etc ) , in each place it occurs;
g
section 21B(3)(d) (false statements in connection with identity documents) ;
h
section 21C (unauthorised presence in restricted zone) , in each place it occurs (including the title) apart from subsection (2A) (as inserted by regulation 11);
i
section 21F(2)(b) (air cargo agents) ;
j
section 23(2)(bc) (annual report by Secretary of State as to notices and directions under Part II) ; and
k
section 24A(2) (meaning of access to restricted zone).
10
In the following provisions, for “that zone” substitute “that area” —
a
section 14(1A)(d) (general power to direct measures to be taken for purposes to which Part II applies); and
b
section 24A(2) (meaning of access to restricted zone), in each place it occurs.
11
In section 21C (unauthorised presence in restricted zone), after subsection (2), insert —
2A
A notice stating that the area concerned was a restricted zone is, for the purposes of subsection (2), to be treated as a notice stating that the area concerned was a security restricted area.
.
Signed by authority of the Secretary of State
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
22nd March 2010


text:
1
This Order may be cited as the Export Control (Iran) (Amendment) Order 2010 and shall come into force on 29th January 2010.
2
In article 1(2) of the Export Control (Iran) Order 2007 —
a
in the definition of “CML items”, for “(2007/197/ CFSP )” substitute “( OJ No C 65, 19.3.2009, p1)”;
b
for the definition of “the Regulation” substitute —
“the Regulation” means Council Regulation (EC) No 423/2007 as last amended by Council Regulation ( EU ) No 1228/2009
.
Ian Lucas
Minister for Business and Regulatory Reform
Department for Business, Innovation and Skills
27th January 2010


text:
Citation and commencement
1
This Order may be cited as the Capital Allowances (Environmentally Beneficial Plant and Machinery) (Amendment) Order 2010 and comes into force on 8 November 2010.
Amendment of the Capital Allowances (Environmentally Beneficial Plant and Machinery) Order 2003
2
1
The Capital Allowances (Environmentally Beneficial Plant and Machinery) Order 2003 is amended as follows.
2
In article 2 (interpretation) in the definitions of “Water Technology Criteria List” and “Water Technology Product List”
a
for “27th June 2009” substitute “13 September 2010”; and
b
for “7th July 2009” substitute “28 September 2010”.
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
11th October 2010


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Housing Costs) (Standard Interest Rate) Amendment Regulations 2010.
2
These Regulations come into force —
a
in any case where a relevant benefit is payable to a person in arrears in respect of a benefit week that includes 1st October 2010, on the first day of that benefit week;
b
in any case not falling within sub-paragraph (a) where a relevant benefit is payable to a person in respect of a benefit week that includes 1st October 2010, on the first day of the first benefit week to commence for that person on or after 1st October 2010;
c
in any other case, on 1st October 2010.
3
In these Regulations —
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 ;
“the State Pension Credit Regulations ” means the State Pension Credit Regulations 2002 ;
“the Employment and Support Allowance Regulations ” means the Employment and Support Allowance Regulations 2008 ;
“benefit week” has the same meaning as in —
regulation 2(1) (interpretation) of the Income Support Regulations , in relation to income support;
regulation 1(3) (interpretation) of the Jobseeker’s Allowance Regulations , in relation to a jobseeker’s allowance;
regulation 1(2) (interpretation) of the State Pension Credit Regulations , in relation to state pension credit;
regulation 2(1) (interpretation) of the Employment and Support Allowance Regulations, in relation to an employment and support allowance;
“relevant benefit” means —
income support;
a jobseeker’s allowance;
state pension credit; or
an employment and support allowance.
Amendments relating to the standard rate of interest
2
1
This regulation applies to the following provisions —
a
paragraph 12 (the standard rate) of Schedule 3 (housing costs) to the Income Support Regulations ;
b
paragraph 11 (the standard rate) of Schedule 2 (housing costs) to the Jobseeker’s Allowance Regulations ;
c
paragraph 9 (the standard rate) of Schedule 2 (housing costs) to the State Pension Credit Regulations ;
d
paragraph 13 (the standard rate) of Schedule 6 (housing costs) to the Employment and Support Allowance Regulations .
2
In each of the provisions to which this regulation applies, for sub-paragraph (2) substitute —
2
Subject to the following provisions of this paragraph, the standard rate is to be the average mortgage rate published by the Bank of England in August 2010.
2A
The standard rate is to be varied each time that sub-paragraph (2B) applies.
2B
This sub-paragraph applies when, on any reference day, the Bank of England publishes an average mortgage rate which differs by 0.5% or more from the standard rate that applies on that reference day (whether by virtue of sub-paragraph (2) or of a previous application of this sub-paragraph).
2C
The average mortgage rate published on that reference day then becomes the new standard rate in accordance with sub-paragraph (2D).
2D
Any variation in the standard rate by virtue of sub-paragraphs (2A) to (2C) comes into effect —
a
for the purposes of sub-paragraph (2B) (in consequence of its first and any subsequent application), on the day after the reference day referred to in sub-paragraph (2C);
b
for the purpose of calculating the weekly amount of housing costs to be met under this Schedule, on the day specified by the Secretary of State .
2E
In this paragraph —
“average mortgage rate” means the effective interest rate (non-seasonally adjusted) of United Kingdom resident banks and building societies for loans to households secured on dwellings published by the Bank of England in respect of the most recent period for that rate specified at the time of publication ;
“reference day” means any day falling after 1st October 2010.
.
Revocation
3
Regulation 2 (amendments to the standard rate of interest) of the Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 is revoked.
Signed by authority of the Secretary of State for Work and Pensions.
Freud
Parliamentary Under-Secretary of State,
Department for Work and Pensions
14th July 2010


text:
PART 1 PRELIMINARY
Citation and commencement
1
1
This Order may be cited as the Portland Harbour Revision Order 2010 and shall come into force on 19th March 2010
2
The Portland Harbour Revision Order 1997 and this Order may be cited as the Portland Harbour Orders 1997 to 2010.
Interpretation
2
1
In this Order —
“the 1997 Order ” means The Portland Harbour Revision Order 1997 ;
“authorised works” means the works authorised by this Order, or any part of such works;
“berthing faces” means any quay, wall or pontoon alongside of which vessels berth;
“ Chart Datum ” in relation to any depth of dredging is 0.93 metres below Ordnance Datum (Newlyn);
“ the Company ” means Portland Harbour Authority Limited (previously called Portland Port Limited);
“the controlled area” shall have the meaning given to it in the 1997 Order;
“the deposited plans” and “the deposited sections” mean respectively the plans and sections (numbered sheets HRO1 to HRO9) prepared in duplicate, signed by the Head of Ports Division in the Department for Transport and marked “Plans and sections The Portland Harbour Revision Order 2010” of which one copy has been deposited at the offices of the Secretary of State for Transport and the other at the principal office of the Company at Portland Port, Castletown, Portland, Dorset DT5 1PP;
“ the harbour ” means Portland Harbour;
“harbour premises” shall, subject to paragraph (5) below, have the meaning given to it in the 1997 Order;
“harbour undertaking” means the undertaking of the Company authorised by the 1997 Order;
“level of high water” means the level of mean high-water springs;
“level of low water” means the level of mean low-water springs;
“limits of deviation” means the limits of deviation shown on the deposited plans;
“tidal work” means so much of any work as is on, under or over tidal waters or over tidal land below the level of high water; and
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond.
2
All situations, points, directions, distances, lengths, dimensions, areas and other measurements stated in this Order (other than the limits of deviation) shall be construed as if the words “or thereabouts” were inserted after each such situation, point, direction, distance, length, dimension, area or other measurement.
3
In this Order, references to named, numbered or lettered breakwaters, heads of breakwaters, beacons, buildings, channels, coves, creeks, lights, piers and slipways, or other points, places, structures and apparatus are references to those so named, numbered or lettered on the Admiralty Charts.
4
In this Order —
a
any reference to a work identified by the number of such work shall be construed as a reference to the work of that number authorised by this Order; and
b
map reference points specified shall be construed as references to Ordnance Survey National Grid reference points.
5
References in the 1997 Order to the harbour undertaking of the Company and to the harbour premises shall in each case be construed for all purposes as including references to any works carried on and any lands reclaimed by the Company or any of its subsidiaries under or by virtue of this Order.
PART 2 WORKS
Power to construct, etc. , works
3
1
Subject to the provisions of this Order, the Company may (within the limits of deviation shown on the deposited plans and according to the levels shown on the deposited sections) construct and maintain the whole or part of the following work on and in the bed and foreshore of the harbour, together with all necessary works and conveniences connected with or incidental to them —
Work No. 1
New berthing faces generally to the north and east of New Quay and Coaling Pier Island by the construction of concrete blockwork quay walls and/or piled and suspended deck sections and/or rock armoured rubble mound retaining embankments on or within the area defined by lines drawn as follows —
a
a line commencing at point North 50° 34.230’, West 2° 26.408’ and extending in an easterly direction for 710 metres to point North 50° 34.352’, West 2° 25.838’(the “main berthing face”); and
b
a second line commencing at the easternmost point of the said main berthing face and running perpendicular to it in a generally south-southeasterly direction to a point of intersection with an in-line extension of the face of Outer Coaling Pier and then in a generally westerly direction to the easternmost point of Outer Coaling Pier; and
c
a third line commencing at westernmost point of the said main berthing face and running perpendicular to that line for 30 metres in a generally north-northwesterly direction and then turning at an angle perpendicular to the shoreward arm of Queen’s Pier for 30 metres to a point on the western face of Queen’s Pier and then turning to run along such western face to the most westerly point on New Quay.
Work No. 2
Reclamation of so much of the foreshore and bed of the sea by means of Work No. 1 as lies within the limits of deviation and is required for, or in connection with, the authorised works.
Work No. 3
Two floating linkspans, with appropriate lengths of bridge and bankseat arrangements, guide piles and other securing and adjustment devices, commencing on the new northern and eastern faces of the berthing faces adjacent to the shoreward arm of Queen’s Pier comprised within Work No. 1 each having an overall width of 30 metres.
Work No. 4
A mooring dolphin lying 70 metres to the east of the eastern face of Work No. 1, with bearing piles, mooring structures and reinforced concrete heads, connected to Works No. 1 by a steel access walkway.
Work No. 5
New berthing faces generally to the east of New Quay and Coaling Pier Island by the construction of concrete blockwork quay walls and/or piled and suspended deck sections and/or rock armoured rubble mound retaining embankments on or within the area defined by a line commencing on the most easterly point on the copeline at Boat Lift Jetty and proceeding in a generally easterly direction for approximately 350 metres to point North 50° 34.147’, West 2° 25.940’ then turning in a generally southerly direction terminating at the most easterly point on Admiral’s Steps.
Work No. 6
Reclamation of so much of the foreshore and bed of the sea by means of Work No. 5 as lies within the limits of deviation and is required for, or in connection with, the authorised works.
Work No. 7
New berthing faces and retaining structures to the south and west of Queen’s Pier by the construction of concrete blockwork quay walls including piled and suspended deck sections and rock armoured rubble mound retaining embankments on or within the area defined by a line commencing at the southernmost point of the western face of Queen’s Pier and proceeding for 24 metres as an inline extension of the said western face then turning in a line perpendicular to the line of Queen’s Pier for 30 metres then turning again to run parallel to Queen’s Pier for 94 metres and then turning at an angle of 11 degrees to run in a generally southerly direction to terminate on the northern kerbline of Castletown Road.
Work No. 8
Reclamation of so much of the foreshore and bed of the sea by means of Work No. 7 as lies within the limits of deviation and is required for, or in connection with, the authorised works.
Work No. 9
A floating linkspan, with appropriate length of bridge and bankseat arrangements, guide piles and other securing and adjustment devices, commencing on the eastern face of Work No. 7 and having an overall width of 30 metres.
Work No. 10
Within the controlled area, two lines of mooring dolphins up to 70 metres apart and each extending up to 250 metres in length, with bearing piles, mooring structures and reinforced concrete heads, connected for all or part of their lengths by steel access walkways and the permanent mooring at those dolphins of a floating dry-dock.
Work No. 11
A reinforced concrete or steel pontoon providing access to and from Work No. 10 to and from any other part of the harbour premises as the Company shall consider appropriate with single tubular steel mooring piles, access ramps and retractable/lifting plates.
2
The Company may construct and maintain the authorised works comprised in Works Nos. 1, 2, 5, 6, 7, 8, 10 and 11 in such stages and along such lines within the areas described and within the limits of deviation as the Company may from time to time deem appropriate.
3
The Company may construct, maintain, remove and re-lay the authorised works comprised in Works Nos. 10 and 11 in such locations within the controlled area and within the limits of deviation as the Company may from time to time deem appropriate.
4
The Company may from time to time within the limits of deviation alter, enlarge, replace, relay, extend or reconstruct temporarily or permanently the authorised works and may maintain the same as altered, enlarged, replaced, relayed, extended or reconstructed.
5
Not withstanding anything in any other enactment, the Company may, for the purpose of constructing the authorised works, dismantle, remove, deal with and dispose of the whole or any part or parts of the existing Castletown slipway that is currently used for shiprepair and related operations (but, for the avoidance of doubt, excluding the public slipway at Castletown) by Manor Marine, the trading name of MPI Services ( UK ) Limited, a company incorporated under the Companies Acts 1948 to 1967 (registration number 2590501) and whose registered office is at Unity Chambers, 34 High Street East, Dorchester, DT1 1HA, and the Company may similarly use the guide dolphins located east of Castletown Pier, Deep Water Berth, Inner Coaling Pier catwalk and dolphin, ML Jetty, Camber Jetty and Loading Jetty shown on the deposited plans; and any other structures lying within the limits of deviation and any public rights over the same shall be extinguished.
6
The authorised works and the bed, banks and shores of the harbour on which the authorised works are constructed and any lands reclaimed shall for all purposes form part of the harbour undertaking of the Company and of the harbour premises and all enactments conferring rights, powers, privileges or immunities or imposing duties, obligations or liabilities upon the Company or its officers, and all byelaws for the time being in force in relation to the harbour undertaking or the harbour premises, shall, so far as relevant, apply to the authorised works and such bed, banks, shores and lands and may be enforced by the Company accordingly.
Power to deviate
4
Subject to the provisions of this Order, in constructing the authorised works the Company may deviate laterally from the lines or situations shown on the deposited plans to the extent of the limits of deviation and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding three metres upwards or to any extent downwards as may be found necessary or convenient.
Subsidiary works
5
1
Subject to the provisions of this Order, the Company may from time to time, within the limits of deviation, erect, construct, lay down, place, remove, replace, work or use and maintain whether temporarily or permanently all such works, conveniences, appliances and apparatus and take such measures as it from time to time considers fit for the purposes of, or in connection with, or incidental to the construction, maintenance and use of the authorised works, including but not limited to, trial boreholes, abutments, booms, pontoons, fenders, ladders, tanks, pumps, conduits, pipes, pipelines, wires, mains, cables, rails, signals, conveyors, cranes, lifts, drops, loading racks, chiksan arms and other cargo handling equipment for solid, liquid or gas cargoes, lifting equipment, weighbridges, stairs, stagings, quays, jetties, piers, waterways, bridges, approaches, slipways, catwalks, landing places, berthing heads, dolphins, mooring posts, buoys, bollards, buildings, sheds, silos, tanks and storage tanks, repair and machine shops, offices, depots, car parks (including multi-storey), roads, walls, bunds, fences, gates, equipment, machinery, appliances, navigation marks and lights and including in particular —
a
construction of general and temperature controlled cargo transit sheds within the areas noted on the deposited plans as sheds or general cargo transit sheds;
b
construction of new or extended passenger and cruise terminals within the areas so described on the deposited plans, together with ancillary facilities including stores for baggage and general cargo;
c
construction of administration offices and workshops within the area described on the deposited plans as administration and workshops;
d
construction of marshalling yards, public moorings and public car parking within the areas so described on the deposited plans;
e
construction of ship repair, maintenance and rebuild facilities for all vessels in the harbour within the area so described on the deposited plans,
together with ancillary accesses, lighting, services and other facilities.
2
In the course of erecting, constructing, laying down, placing, removing and replacing the authorised works the Company may carry out construction activity, including the temporary placing of plant and equipment, within the water adjoining the limits of deviation.
Period for completion of works
6
1
Subject to paragraph (3), if the authorised works comprised in Works Nos. 1 and 2 have not been constructed so as to create new berthing faces measuring 350 metres in aggregate within 50 years from the coming into force of this Order or such extended time as the Secretary of State may, on the application of the Company allow, then, on the expiration of that period, or such extended time (as the case may be), the powers granted by this Order to the Company for constructing and maintaining the authorised works comprised in Works Nos. 1 to 4 (inclusive) shall cease except as to so much of them as is then substantially commenced.
2
Subject to paragraph (3), if the authorised works comprised in Works Nos. 5 to 11 (inclusive) are not completed within 50 years from the coming into force of this Order or such extended time as the Secretary of State may, on the application of the Company allow, then, on the expiration of that period, or such extended time (as the case may be), the powers granted by this Order to the Company for constructing and maintaining such authorised works shall cease except as to so much of them as is then substantially commenced.
3
Nothing in paragraph (1) or (2) shall apply to any works carried out under paragraph (4) of article 3 or article 5.
Works to be within the district of Weymouth and Portland
7
1
On the accretion date, the area of the whole or so much of the works authorised by article 3 and article 5 as shall have been completed or substantially completed shall, to the extent that they are outside the area of Weymouth and Portland Borough Council, be annexed to and incorporated within —
a
the district of Weymouth and Portland;
b
the petty sessional division of Weymouth and Portland; and
c
the Underhill Ward.
2
In this article, “accretion date” means whichever of the following dates first occurs, namely, the date when the works so authorised have been completed or the date when the powers conferred by article 4 shall cease to have effect.
3
Nothing in this article shall require the performance of any functions under the Ordnance Survey Act 1841 until the Company has certified in writing to the Director General of Ordnance Survey that the authorised works have been completed.
Power to dredge
8
1
Subject to the provisions of this Order, the Company may, for the purposes of constructing and maintaining the authorised works and to afford uninterrupted means of access to the authorised works and enabling their use at all states of the tide, from time to time deepen, dredge, scour, cleanse, alter and improve the bed, shores and channels of the harbour within an area not exceeding 35 metres in width adjacent to all berthing faces created as part of the authorised works to a depth of not more than 14 metres below Chart Datum (unless the Secretary of State shall otherwise approve in writing).
2
The Company may as it thinks fit use, appropriate or dispose of any materials (other than wreck within the meaning of Part IX of the Merchant Shipping Act 1995 ) from time to time dredged, taken or collected by it in the course of any such operations.
3
No materials referred to in this article shall —
a
be disposed of in contravention of the provisions of any enactment relating to the disposal of waste; or
b
be deposited below the level of high water except in such places and in accordance with such conditions and restrictions as may be approved or prescribed by the Secretary of State.
Obstruction of works
9
Any person who intentionally obstructs any person acting under the authority of the Company in setting out the lines of the authorised works, or who interferes with, moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Tidal works not to be executed without approval of Secretary of State
10
1
A tidal work shall not be constructed, altered, replaced or re-laid except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
2
If a tidal work is constructed, altered, replaced or re-laid in contravention of this article or of any condition or restriction imposed under this article —
a
the Secretary of State may by notice in writing require the Company at its own expense to remove the tidal work or any part of it and restore its site to its former condition; and if, on the expiration of 30 days from the date when the notice is served upon the Company, it has failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary to do so, he may remove the tidal work or part of it and restore the site to its former condition,
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Company.
Provision against danger to navigation
11
1
In case of injury to, or destruction or decay of, a tidal work or any part of it the Company shall as soon as reasonably practicable notify Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House shall from time to time direct.
2
If the Company fails to notify Trinity House as required by this article or to comply in any respect with a direction given under this article, the Company shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
12
1
Where a tidal work is abandoned or suffered to fall into decay, the Secretary of State may by notice in writing require the Company at its own expense either to repair and restore the work or any part of it, or to remove the work and restore its site to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where an authorised work consisting —
a
partly of a tidal work, and
b
partly of works on or over land above the level of high water,
is abandoned or suffered to fall into decay and the works mentioned in sub-paragraph (b) are in such condition as to interfere or to cause reasonable apprehension that they may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include those works, or any portion thereof, in any notice under paragraph (1).
3
If, on the expiration of 30 days from the date when a notice under this article is served upon the Company, it has failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Company.
Survey of tidal works
13
The Secretary of State may at any time, if he deems it expedient to do so, order a survey and examination of a tidal work or of the site upon which it is proposed to construct the work and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Company.
Permanent lights on tidal works
14
1
After the completion of a tidal work the Company shall at the outer extremity of such work exhibit every night from sunset to sunrise such lights, if any, and take such other steps, if any, for the prevention of danger to navigation as Trinity House shall from time to time direct.
2
If the Company fails to comply in any respect with a direction given under this article, it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Lights on tidal works during construction, etc.
15
1
The Company shall at or near a tidal work during the whole time of the construction, extension, enlargement, alteration, replacement or re-laying of such work exhibit every night from sunset to sunrise such lights, if any, and take such other steps, if any, for the prevention of danger to navigation as the Secretary of State shall from time to time direct.
2
If the Company fails to comply in any respect with a direction given under this article, it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Defence of due diligence
16
1
In proceedings for an offence under articles 11, 14 or 15 it shall be a defence for the Company to prove that it took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.
2
If in any case the defence provided by paragraph (1)involves the allegation that the commission of the offence was due to the act or default of another person, the Company shall not, without leave of the court, be entitled to rely on that defence unless, within a period of seven clear days before the hearing, it has served on the prosecutor a notice in writing giving such information identifying, or assisting in the identification of, that other person as was then in its possession.
PART 3 MISCELLANEOUS AND GENERAL
Disapplication of regulation 60 of the Conservation (Natural Habitats, &c.) Regulations 1994
17
1
Regulation 60 of the Conservation (Natural Habitats, & c.) Regulations 1994 shall not apply to any planning permission which relates to the development authorised by this Order and which is granted by article 3(1) of the Town and Country Planning (General Permitted Development) Order 1995 for the class of development described as permitted development in Part 11 of Schedule 2 to that Order.
2
Paragraph (1) does not apply if and to the extent that the development —
a
does not form part of the plan and project which was subject to an appropriate assessment in accordance with regulation 48 of the Habitats Regulations in connection with the making of this Order; and
b
is not subject to a further consent, permission or authorisation by a competent authority as defined in the Habitat Regulations.
Crown rights
18
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular nothing in this Order authorises the Company to take, use, enter upon or in any manner interfere with, any land, hereditaments or rights of whatsoever description (including any part of the shore or bed of the sea or any other 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) above may be given unconditionally or subject to such conditions and upon such terms as may be considered necessary as appropriate.
Saving for Trinity House
19
Nothing in the provisions of this Order shall prejudice or derogate from any of the rights, duties or privileges of Trinity House.
For the protection of the Environment Agency
20
Nothing in this Order or in any enactment applied by this Order shall prejudice or affect the operation of section 109 of the Water Resources Act 1991 or any byelaw made under that Act or the Land Drainage Act 1991 in relation to anything done under or in pursuance of this Order.
For the protection of the Marine & Fisheries Agency
21
Nothing in this Order or in any enactment applied by this Order shall prejudice or affect the operation of Part II of the Food & Environment Protection Act 1985 or any byelaw made under that Act in relation to anything done under this Order.
For the protection of the Ministry of Defence Noise Range
22
1
In this article, references to the “noise testing range” shall mean the Ministry of Defence Noise Testing Range identified by paragraph 5(b) of Part II of Schedule 2 to the 1997 Order and references to “construction activities” shall mean piling, dredging, hammering (including the use of windy hammers), the use of reciprocating engines on support vessels or ashore where those engines are not on a vehicle or acoustically rafted bed, the use of generators and activities involving percussion equipment.
2
The Company shall —
a
prohibit construction activities in connection with the authorised works from taking place during times when the noise testing range is being used for testing purposes provided that such times have been notified in writing to the Company no less than 28 days in advance; and
b
use all reasonable endeavours to prohibit construction activities in connection with the authorised works from taking place during times when the noise testing range is being used for testing purposes where less than 28 days notice has been given in respect of urgent operational requirements for testing.
3
From the date of the completion of the works to extend the Outer Coaling Pier, every vessel berthed at the new berths on the Outer Coaling Pier and at the berths situated on the original north eastern arm of the Outer Coaling Pier shall be connected to shore side electricity during times when the noise testing range is being used for testing purposes.
4
From the date of the completion of the works to extend the Outer Coaling Pier the Company will use reasonable endeavours during times when the noise testing range is being used for testing purposes to require all vessels berthed at the new berths on the Outer Coaling Pier and at the berths situated on the original north eastern arm of the Outer Coaling Pier to be moored in such a way as to ensure that their sterns are orientated in a south-west direction.
For the protection of defence related purposes
23
Nothing in this Order shall prejudice or affect or derogate from the protections given to defence related purposes by article 56 of, and Schedule 2 to the 1997 Order.
Signed by authority of the Secretary of State for Transport
R C Bennett
Head of Ports Division
Department for Transport
4th March 2010


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 3) Regulations 2010 and shall come into force on 6th April 2010.
2
The amendments made by regulation 2 shall have effect only in relation to contributions paid in respect of the tax year 2009-10 and subsequent tax years.
Amendment of the Social Security (Contributions) Regulations 2001
2
Paragraph (6) of regulation 52A (return of contributions paid in excess of the maxima) of the Social Security (Contributions) Regulations 2001 is amended as follows —
a
omit “and” at the end of the definition of “an APP employment” and after that definition insert —
“ UAP ” means the upper accrual point ; and
; and
b
for Rule 2 and Rule 3 substitute —
Rule 2
If the amount of contributions paid in respect of contracted-out employments exceeds the amount found by the following formula, the amount to be returned is the excess.
The formula is —
53
+
[
(
(
UAP
-
PT
+
9.4%
)
+
(
(
UEL
-
UAP
)
x
11%
)
]
In any other case to which this Rule applies take the following Steps: the amount to be returned is the excess of the contributions actually paid by the earner over the amount found by Step 5 in the following sequence.
Step 1
Determine the amount of earnings between the PT and UAP in respect of contracted-out employments held in the year.
Step 2
Multiply the amount found at Step 1 by 9.4%.
Step 3
Subtract the amount found at Step 1 from that found by the formula —
53
x
(
UEL
-
PT
)
Step 4
Multiply the result found at Step 3 by 11%.
Step 5
Add together the results of Steps 2 and 4.
Rule 3
If the amount of contributions paid in respect of APP employments exceeds the amount produced by the formula below, the amount to be refunded is the excess.
The formula is —
53
x
(
UEL
-
PT
)
x
11%
In any other case to which this Rule applies take the following Steps: the amount to be returned is the excess of the contributions actually paid by the earner over the amount found by Step 7 in the following sequence.
Step 1
Determine the amount of earnings between the PT and UEL in respect of APP employments held in the year.
Step 2
Multiply the amount found at Step 1 by 11%.
Step 3
Subtract the amount found at Step 1 from that found by the formula —
53
x
(
UAP
-
PT
)
If the result is a positive amount go to Step 4, otherwise go to Step 5.
Step 4
Multiply the amount found at Step 3 by 9.4%.
Step 5
Subtract the amount found at Step 1 together with any positive amount found at Step 3 from the amount found by the formula —
53
x
(
UEL
-
PT
)
Step 6
Multiply the amount found at Step 5 by 11%.
Step 7
Add together the results of Steps 2, 4 (if completed) and 6.
.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
8 March 2010


text:
Citation, extent and commencement
1
These Regulations may be cited as the Water Supply (Miscellaneous Amendments) (England and Wales) Regulations 2010; they extend to England and Wales and come into force on 20th April 2010.
Amendment of the Water Industry Act 1991
2
1
Section 19 of the Water Industry Act 1991 is amended as follows.
2
In subsection (3), for paragraph (b) (and the “and” immediately following it) substitute —
b
publish in such manner as the Secretary of State or the Authority considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them —
i
a copy of the notice, and
ii
where the Secretary of State or the Authority is satisfied as mentioned in paragraph (b) of subsection (1), a summary of the undertaking describing the steps to be taken under it; and
.
3
After subsection (3), insert —
3A
In a case where notice under subsection (3)(a) falls to be served by the Welsh Ministers, references to the Secretary of State in subsection (3)(b) are to be read as references to the Welsh Ministers.
.
Amendment of the Drinking Water (Undertakings) (England and Wales) Regulations 2000
3
In regulation 2 of the Drinking Water (Undertakings) (England and Wales) Regulations 2000 for “Directive 80/778/ EEC (the Drinking Water Directive)” substitute “Council Directive 98/83/EC (on the quality of water intended for human consumption)” .
Huw Irranca-Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
25th March 2010
Jane Davidson
Minister for Environment, Sustainability and Housing
one of the Welsh Ministers
25th March 2010


text:
Citation, commencement, interpretation and transitional provisions
1
This Order may be cited as the Community Legal Service (Funding) (Amendment) Order 2010.
2
This Order shall come into force on 15th February 2010.
3
In this Order —
a
“the 2002 Act ” means the Nationality, Immigration and Asylum Act 2002 ;
b
“the 2007 Act ” means the Tribunals, Courts and Enforcement Act 2007 ;
c
“the 2010 Order ” means the Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 .
4
This Order does not apply to proceedings to which section 103D of the 2002 Act or the Community Legal Service (Asylum and Immigration Appeals) Regulations 2005 continue to apply by virtue of the saving provisions in paragraph 20 of Schedule 4 to the 2010 Order.
5
The reference in article 10 to cases remitted to the Upper Tribunal under section 14 of the 2007 Act includes cases restored under section 103C of the 2002 Act, and cases remitted under section 103B, 103C or 103E of that Act, insofar as those sections are saved by paragraph 19 of Schedule 4 to the 2010 Order.
Amendments to the Community Legal Service (Funding) Order 2007
6
The Community Legal Service (Funding) Order 2007 is amended as follows.
7
In article 3(1) —
a
after the definition of “the Act”, insert —
“ the 2007 Act” means the Tribunals, Courts and Enforcement Act 2007;
.
b
after the definition of “Higher Courts”, insert —
“Immigration and Asylum Chamber of the First-tier Tribunal” and “Immigration and Asylum Chamber of the Upper Tribunal” are the Chambers referred to in articles 2(f) and 6(d) respectively of the First-tier Tribunal and Upper Tribunal (Chambers) Order 2008 ;
.
8
In the Schedule, in Part 1, sub-part 4, table 4(b), for “Representation at substantive Asylum and Immigration Tribunal hearing” substitute “Representation at a substantive hearing in the Immigration and Asylum Chamber of the First-tier Tribunal”.
9
In the Schedule, in Part 2, sub-part 7, for the words from “Advice as to the merits” to “103E of that Act” following table 7(b) substitute —
Advice as to the merits of an application for permission to appeal to the Immigration and Asylum Chamber of the Upper Tribunal under section 11 of the 2007 Act (where advice has not been received under stage 2 of the graduated fee scheme), and advice as to the merits of an application for permission to appeal to the Court of Appeal from that Chamber under section 13 of that Act
.
10
In the Schedule, in Part 2, sub-part 8 —
a
for the words from “Applications under section 103A” to “103D of that Act” following table 8(a) substitute —
Proceedings in the Immigration and Asylum Chamber of the First-tier Tribunal, except applications for permission to appeal to the Upper Tribunal under section 11 of the 2007 Act in cases where, if the application were granted, the appeal would fall within table 8(b).
The following proceedings in the Immigration and Asylum Chamber of the Upper Tribunal —
Appeals, and applications for permission to bring such appeals, from the Immigration and Asylum Chamber of the First-tier Tribunal under section 11 of the 2007 Act where —
the Secretary of State is the appellant or the applicant for permission to appeal to the Upper Tribunal; or
the appeal is a fast-track case as defined in the Tribunal Procedure (Upper Tribunal) Rules 2008 ;
Reviews under section 10 of the 2007 Act of decisions of the Upper Tribunal in relation to such appeals;
Applications under section 13 of the 2007 Act for permission to appeal against a decision of the Upper Tribunal to the Court of Appeal;
Cases remitted under section 14 of the 2007 Act.
b
for the heading to Table 8(b) substitute —
Immigration – those matters listed after this Table
c
after Table 8(b) insert —
The following proceedings in the Immigration and Asylum Chamber of the Upper Tribunal —
Appeals from the Immigration and Asylum Chamber of the First-tier Tribunal under section 11 of the 2007 Act other than those listed after Table 8(a);
Applications for permission to bring such appeals;
Reviews under section 10 of the 2007 Act of decisions of the Upper Tribunal in relation to such appeals.
Signed by the authority of the Lord Chancellor
Bach
Parliamentary Under Secretary of State
Ministry of Justice
20th January 2010


text:
Citation and commencement
1
These Regulations may be cited as the Housing Renewal Grants (Prescribed Form and Particulars) (Revocation) (England) Regulations 2010 and shall come into force on 31st October 2010.
Revocations
2
The instruments listed in column 1 of the table below (which have the references listed in column 2) are revoked to the extent indicated in column 3:
Column 1
Instruments Revoked
Column 2
References
Column 3
Extent of Revocation
The Housing Renewal Grants (Prescribed Form and Particulars) Regulations 1996 S.I. 1996/2891 In relation to England, the whole instrument The Housing Renewal Grants and Home Repair Assistance (Amendment) Regulations 1996 S.I. 1996/3119 In relation to England only, regulation 4 The Housing Renewal Grants (Prescribed Form and Particulars) (Amendment) Regulations 1997 S.I. 1997/978 In relation to England, the whole instrument The Housing Renewal Grants (Prescribed Form and Particulars) (Amendment) Regulations 1998 S.I. 1998/809 In relation to England, the whole instrument The Housing Renewal Grants (Prescribed Form and Particulars) (Amendment) Regulations 1999 S.I. 1999/1607 In relation to England, the whole instrument The Housing Renewal Grants (Prescribed Form and Particulars) (Amendment) (England) Regulations 1999 S.I. 1999/2624 The whole instrument The Housing Renewal Grants (Prescribed Form and Particulars) (Amendment) (England) Regulations 2000 S.I. 2000/538 The whole instrument The Housing Renewal Grants (Prescribed Form and Particulars) (Amendment) (England) Regulations 2001 S.I. 2001/789 The whole instrument The Housing Renewal Grants (Prescribed Form and Particulars) (Amendment No. 2) (England) Regulations 2001 S.I. 2001/2386 The whole instrument The Housing Renewal Grants (Prescribed Form and Particulars) (Amendment) (England) Regulations 2002 S.I. 2002/667 The whole instrument The Secretaries of State for Education and Skills and for Work and Pensions Order 2002 S.I. 2002/1397 In relation to England only, paragraph 28 of the Schedule The Housing Renewal Grants (Prescribed Form and Particulars) (Amendment) (England) Regulations 2003 S.I. 2003/2707 The whole instrument The Housing Renewal Grants (Prescribed Form and Particulars) (Amendment) (England) Regulations 2005 S.I. 2005/3326 The whole instrument
Signed by authority of the Secretary of State for Communities and Local Government
Andrew Stunell
Parliamentary Under Secretary of State
Communities and Local Government
30th September 2010


text:
Citation
1
This Order may be cited as the Pensions Act 2008 (Commencement No. 7 and Saving, Consequential and Incidental Provisions) Order 2010.
Commencement of provisions
2
Section 124(2) and (6) of the Pensions Act 2008 (financial assistance scheme), in so far as not already in force, comes into force on 31st March 2010.
Saving
3
1
This article applies for the purposes of any regulations made under section 286 of the Pensions Act 2004 (financial assistance scheme for members of certain pension schemes) prior to this Order being made.
2
Where this article applies, section 286 shall continue to have effect as it was in force immediately before the making of this Order until such time as further regulations made under that section come into force.
Consequential and incidental provisions
4
1
In the Financial Assistance Scheme Regulations 2005 —
a
in regulation 2(1) (interpretation) after the definition of “scheme manager” insert —
“scheme’s pension liabilities”, in respect of a member of a qualifying pension scheme, means the liabilities of the scheme to, or in respect of, the member in respect of pensions or other benefits (including increases in pensions);
;
b
in regulation 15(5) (qualifying members) for sub-paragraph (c) substitute —
c
the scheme’s pension liabilities in respect of that person have not been satisfied in full.
.
2
In regulation 2(1) of the Financial Assistance Scheme (Provision of Information and Administration of Payments) Regulations 2005 (interpretation) —
a
in the definition of “member” for paragraph (a)(ii) substitute —
ii
the scheme’s pension liabilities in respect of that person have not been satisfied in full;
;
b
after the definition of “scheme manager” insert —
“scheme’s pension liabilities”, in respect of a member of a qualifying pension scheme, means the liabilities of the scheme to, or in respect of, the member in respect of pensions or other benefits (including increases in pensions);
.
3
The amendments made by this article have effect from 1st April 2010.
Signed by authority of the Secretary of State for Work and Pensions.
Angela Eagle
Minister of State,
Department for Work and Pensions
31st March 2010


text:
Citation, commencement and application
1
1
This Order may be cited as the Housing (Right to Buy) (Service Charges) (Amendment) (England) Order 2010 and comes into force on 29th December 2010.
2
This Order applies to England only.
Amendment
2
In article 2 (interpretation) of the Housing (Right to Buy) (Service Charges) Order 1986 , for the definition of “index figure” substitute —
“index figure” means an index figure, other than a provisional index figure, in the table of “ BIS Output Price Index for Direct Labour: Public Housing Repairs and Maintenance” in the “BIS Output Price Indices” published quarterly in “BCIS Online” by the “Building Cost Information Service of the Royal Institution of Chartered Surveyors on behalf of the Department for Business, Innovation and Skills,
.
Signed by authority of the Secretary of State for Communities and Local Government
Grant Shapps
Minister of State
Department for Communities and Local Government
17th November 2010


text:
Citation and commencement
1
This Order may be cited as the Deposits in the Sea (Exemptions) (Amendment) (England and Wales) Order 2010 and comes into force on 6th April 2010.
Extent
2
This Order extends to England and Wales only.
Amendment to the Deposits in the Sea (Exemptions) Order 1985
3
1
The Deposits in the Sea (Exemptions) Order 1985 is amended as follows.
2
In paragraph 5 of the Schedule, at the end add —
“, other than the deposit (in the course of its laying) of a cable transmitting a charge of 132 kilovolts or more, and associated equipment, for the purpose of transmitting electricity from a generating station constructed on the sea bed”.
Huw Irranca-Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
8th February 2010
Jane Davidson
Minister for Environment, Sustainability and Housing,
one of the Welsh Ministers
9th February 2010