text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Permissions, Transitional Provisions and Consequential Amendments) (Northern Ireland Credit Unions) Order 2011.
2
This Order comes into force on —
a
15th December 2011 for the purposes of this article and article 10;
b
31st December 2011 for the purposes of articles 5 to 9; and
c
31st March 2012 for all other purposes.
3
In this Order —
“the 1985 Order ” means the Credit Unions (Northern Ireland) Order 1985 ;
“ the Act ” means the Financial Services and Markets Act 2000;
“ the Authority ” means the Financial Services Authority;
“commencement” means the beginning of 31st March 2012;
“credit union” means a society registered under the 1985 Order or a society registered under the Industrial and Provident Societies Act (Northern Ireland) 1969 as a credit union.
PART 1 Permissions and Applications etc.
Credit unions registered at commencement
2
1
An unauthorised credit union is to be treated as having, at commencement, a Part 4 permission to accept deposits —
a
by way of subscription for its shares; and
b
from a person who is under the age at which they may become a member of the credit union by virtue of Article 15 of the 1985 Order.
2
The permission acquired by virtue of paragraph (1) is subject to any restrictions imposed by virtue of article 3(1) or (2).
3
In this Part —
“deposits” has the meaning given by article 5(2) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ;
“P” is the person defined as such in article 4(1);
“Part 4 permission” has the meaning given in section 40(4) of the Act;
“unauthorised credit union” means a credit union which immediately before commencement is not an authorised person.
Effect of restrictions and prohibitions under the 1985 Order
3
1
Where immediately before commencement an unauthorised credit union was subject to a direction under Article 59 of the 1985 Order, that direction has effect from commencement as if it were a requirement imposed on that credit union under section 43 of the Act (imposition of requirements).
2
For the purposes of rules and guidance made before commencement by the Authority under Part 10 of the Act (rules and guidance) that relate to credit unions , a credit union which, immediately before commencement —
a
did not hold a certificate under Article 28C of the 1985 Order is to be treated from commencement as a version 1 credit union for the purposes of the Credit Unions Sourcebook ; or
b
held a certificate under that Article is to be treated from commencement as a version 2 credit union for the purposes of the Credit Unions Sourcebook.
3
Paragraphs (1) and (2) are subject to anything done under the Act that has effect from or after commencement.
Approved persons
4
1
Where, at commencement, a person (“P”) is performing a function for an unauthorised credit union under an arrangement entered into by that credit union or by a contractor of that credit union, if P’s continued performance of that function after commencement would, but for this article, require the approval of the Authority under section 59(1) or (2) of the Act (approval), then that continued performance by P of that function after commencement is to be taken to have been approved by the Authority for the purposes of section 59 of the Act.
2
Paragraph (1) does not apply if P performs a function by virtue of the fact that P holds or has held an office in a credit union and, immediately before commencement, P was ineligible by virtue of Article 39 of the 1985 Order to hold that office.
Requirement to reapply for Part 4 permission
5
1
At any time on or before 31st March 2014, the Authority may give a direction under this article to a named unauthorised credit union or a specified class of unauthorised credit unions.
2
A direction under this article is a direction that each credit union named or falling within the specified class must, before a date so specified, apply to the Authority under section 40 of the Act for permission to carry on the regulated activities which it wishes to carry on.
3
Section 40(2) of the Act does not apply in relation to an application made in pursuance of the direction.
4
If a credit union fails to comply with the direction, the Authority must consider whether to exercise the power in section 45 of the Act (variation etc. on the Authority’s own initiative) and, for this purpose, section 45(1) applies as if there was added after sub-paragraph (c) —
; or
d
the person has failed to comply with a direction given by the Authority under article 5(1) of the Financial Services and Markets Act 2000 (Permissions, Transitional Provisions and Consequential Amendments) (Northern Ireland Credit Unions) Order 2011
.
5
If a credit union complies with the direction but the application which it makes pursuant to it is refused, its Part 4 permission ceases to have effect on such date as the Authority may in its decision notice specify or, if no date is specified, when the matter is no longer open to review.
6
If a credit union complies with the direction and the Authority gives it a Part 4 permission, that permission has effect on such date as may be specified in the Authority’s written notice in place of the Part 4 permission which the credit union had by virtue of article 2.
7
For the purposes of this article and article 6, whether a matter is open to review is to be determined in accordance with section 391(8) of the Act.
8
A direction given under this article or article 6 before commencement has effect on commencement.
Requirement to reapply for approved person status
6
1
At any time on or before 31st March 2014, the Authority may give a direction under this article to a named unauthorised credit union or a specified class of unauthorised credit unions.
2
A direction under this article is a direction that each credit union named or falling within the specified class must, before a date so specified, apply to the Authority under section 60 of the Act (applications for approval) for approval under section 59(1) or (2) of the Act in relation to the performance by P of the function referred to in article 4(1).
3
If a credit union fails to comply with the direction, the Authority must consider whether to exercise the power in section 63(1) of the Act (withdrawal of approval) to withdraw the approval P is taken to have by virtue of article 4(1), and for this purpose, section 63 applies as if for “given under section 59” there is substituted “taken to have been given under section 59 by virtue of article 4(1) of the Financial Services and Markets Act 2000 (Permissions, Transitional Provisions and Consequential Amendments) (Northern Ireland Credit Unions) Order 2011”.
4
If a credit union complies with the direction but the application which it makes in pursuance of it is refused, P’s performance of the function ceases to be taken to have been approved by the Authority on such date as the Authority may in its decision notice specify or, if no date is specified, when the matter is no longer open to review.
5
If a credit union complies with the direction and in response to its application the Authority approves the performance by P of the controlled function, that approval has effect on such date as may be specified in the Authority’s written notice in place of the approval which the credit union was taken to have by virtue of article 4(1).
Requirements to reapply: procedure
7
1
A direction given under article 5 or 6 must state the reasons why it has been given to the named credit union or specified class of credit unions.
2
The date specified in a direction under article 5(2) or 6(2) must be such as to allow a reasonable time for compliance, and in any event must fall after the end of three months beginning with the date when the direction has effect.
3
If the Authority gives a direction under article 5 or 6, it must as soon as practicable, and in any event not later than the due date, give a copy to each named credit union and to each credit union which falls, or which it considers may on the due date, fall within the specified class of credit unions.
4
If the Authority fails to give a copy of the direction to a credit union by the due date, the direction (and therefore articles 5(4) and 6(3)) do not apply to it. But if the Authority gives the credit union a copy of the direction after the due date the direction has effect in relation to that credit union as if the date specified under article 5(2) or 6(2) were three months after the date on which the copy was given to that credit union, and the copy must indicate that fact.
5
In this article, “due date” means the date three months before the date specified in a direction.
6
Any failure by the Authority to comply with paragraph (3) does not invalidate the direction in relation to any credit union to which a copy is given in accordance with this article.
Pre-commencement applications etc.
8
1
Sections 44 (variation etc. at request of authorised person) , 45 (except subsections (1)(b), (2A) or (2B)), 46 (variation of permission on acquisition of control), 47 (exercise of power in support of overseas regulator), 48 (prohibitions and restrictions), 49(1) (persons connected with an applicant), 51 (except subsection (1)) (applications), 52 (determination of applications), 53 (exercise of own-initiative power: procedure), 54 (cancellation of Part 4 permission: procedure), 55 (references to the Tribunal), 56 to 58 (prohibition orders), 60 to 63 and 148 (modification or waiver of rules) apply until commencement with the following modifications —
a
the references to an authorised person are to be read as including a reference to an unauthorised credit union;
b
the references to a Part 4 permission are to be read as including a reference to the Part 4 permission which an unauthorised credit union will be treated as having at commencement by virtue of article 2; and
c
the references to the Authority’s approval under section 59 are to be read as including a reference to the approval which a person will be taken to have by virtue of article 4.
2
Nothing done under the Act by virtue of paragraph (1) (including the determination of any application) may come into force or have any effect before commencement.
Information gathering and investigations
9
1
Sections 165 (Authority’s power to require information) and 167 (general investigations) of the Act have effect until commencement as if —
a
each reference to an authorised person (except for the references in subsections 165(7)(b) and (8)) included a reference to a credit union;
b
the reference in section 165(4) to functions conferred on the Authority by or under the Act included a reference to functions conferred by or under the Act which the Authority has reasonable grounds to believe will be exercisable by it at commencement.
2
In determining whether a person is connected with a credit union under section 165(11) of the Act, Part 1 of Schedule 15 to the Act has effect as if each reference to an authorised person were a reference to a credit union.
3
At commencement —
a
any requirement imposed under section 165, 171(1) or (2) or 175(1) of the Act ceases to have effect if it could not be imposed under that enactment immediately after commencement;
b
any requirement imposed under section 175(2) or (3) of the Act ceases to have effect if the requirement pursuant to which the supplementary requirement was imposed ceases to have effect at commencement by virtue of sub-paragraph (a) (and no such supplementary requirement may be imposed thereafter); and
c
no action may be taken or continued under or pursuant to the Act in relation to any requirement which ceases to have effect by virtue of this paragraph.
Information sharing by the registrar
10
1
Until commencement Article 2A of the 1985 Order (the registrar and assistant registrar) is amended as follows.
2
After Article 2A(3) insert —
4
The registrar may share with the Financial Services Authority any information held or obtained by the registrar relating to credit unions which that Authority might reasonably require for the performance by it of any function relating to credit unions which that Authority exercises or has reasonable grounds to believe will be exercisable by it on 31st March 2012.
.
Application of wider definition of “consumer” to customers of credit unions
11
Section 425B of the Act (consumers: regulated activities carried on by others) applies for the purposes of section 391(6) of the Act (publication) until 31st March 2014 in addition to the definition of “consumers” in section 425A of the Act (consumers: regulated activities etc. carried on by authorised persons) in relation to activities carried on by credit unions.
PART 2 Consequential Amendments
Amendments to banking legislation
12
1
In section 7(5) of the Dormant Bank and Building Society Accounts Act 2008 , for the definition of “credit union”, substitute —
“credit union” means a credit union within the meaning of section 31(1) of the Credit Unions Act 1979 or a credit union within the meaning of Article 2(2) of the Credit Unions (Northern Ireland) Order 1985;
.
2
In section 2(2)(b) of the Banking Act 2009 , after “Credit Unions Act 1979”, insert “or a credit union within the meaning of Article 2(2) of the Credit Unions (Northern Ireland) Order 1985”.
Amendments to the 1985 Order
13
1
The 1985 Order is amended as follows.
2
In Article 2 (interpretation) insert at the appropriate place —
“the 2000 Act ” means the Financial Services and Markets Act 2000;
“the Authority” means the Financial Services Authority;
.
3
In Article 2(2A) for “Sub-paragraphs” substitute “In this Order, references to a deposit or accepting deposits and sub-paragraphs”.
4
After paragraph (3) of Article 2A (the registrar and assistant registrar) insert —
4
In the exercise of the registrar’s functions under this Order, the registrar must cooperate with the Authority in the exercise by the Authority of any of its functions in relation to credit unions.
5
The registrar may share with the Authority any information obtained by the registrar relating to credit unions which the Authority might reasonably require for the purpose of the performance of any of its functions in relation to credit unions.
.
5
In Article 3(1) (registration) —
a
for “Articles 13, 24(1) and 37(1)”, substitute “Article 13”;
b
omit the word “and” immediately before sub-paragraph (c) and, at the end of sub-paragraph (c), change the full stop to a semi-colon; and
c
after sub-paragraph (c), insert —
d
the society has made an application to the Authority for a permission under Part 4 of the 2000 Act to accept deposits; and
e
the Authority has confirmed to the registrar that the Authority is satisfied that, once registered under this Order, the society will satisfy, and continue to satisfy, the threshold conditions set out in Schedule 6 to the 2000 Act in relation to the regulated activity of accepting deposits.
.
6
After Article 4(2) (supplementary provisions as to registration), insert —
2A
The registrar must not issue an acknowledgement of registration under paragraph (2) unless the Authority has confirmed to the registrar that it proposes to give the society permission under Part 4 of the 2000 Act to accept deposits.
.
7
After Article 8(1) (rules) insert —
1A
The rules of a credit union must not be inconsistent with the 2000 Act or any rules made or any requirements imposed by or under that Act.
.
8
Omit paragraphs (2) to (5) of Article 13 (minimum and maximum number of members) (the title to which becomes “Minimum number of members”).
9
Omit paragraphs (3) to (4A) and (10) of Article 14 (membership and voting rights).
10
Omit Article 22 (restriction on business of credit union).
11
Omit Article 24 (prohibition on carrying on banking).
12
In Article 25 (prohibition on deposit-taking), omit paragraphs (2) , (4) and (5) .
13
In Article 26 (deposits by persons too young to be members) —
a
in paragraph (1) omit “up to a total of £10,000”; and
b
omit paragraphs (2) to (9).
14
In Article 27 (power to borrow money) —
a
in paragraph (1), omit “temporarily” to the end of that paragraph; and
b
omit paragraphs (2) to (6).
15
In Article 28 (loans by credit unions) —
a
for paragraph (1) substitute —
1
A credit union may make to a member a loan, upon such security (or without security) and terms as the rules of the credit union may provide.
; and
b
omit paragraphs (2), (4) and (6).
16
Omit Articles 28B (loans by approved credit unions), 28C (grant of certificates of approval) and 28D (withdrawal of certificates of approval) .
17
In Article 31(3) (charges on assets of credit unions), omit the word “and” immediately before sub-paragraph (b) and insert after that sub-paragraph —
and
c
that copies of the instrument included in such an application, the note of any prescribed particulars so included, and the acknowledgement of the application issued are sent to the Authority;
.
18
Omit paragraphs (3) and (4) of Article 32 (holding of land).
19
Omit Article 33 (investments).
20
In Article 36 (computation and application of surplus) (the title to which becomes “Application of surplus”) —
a
omit paragraphs (1), (2), (6) and (7);
b
for paragraph (3) substitute —
3
Following the application of such amount of its surplus funds to its reserves as may be required by rules made by the Authority under the 2000 Act, a credit union may apply such proportion of the remaining amount available for distribution in respect of any year of account (that is to say, the surplus for that year reduced or increased by any transfer to or from general reserve) in one or more of the following ways as the credit union may in general meeting determine —
a
subject to paragraph (4), in the payment to members of dividends on the amount of their paid-up shares;
b
as a rebate of interest paid by or due from members who have received loans from the credit union, such rebate being proportional to the interest paid by or due from such members during that year of account; and
c
subject to paragraph (5), for social, cultural or charitable purposes.
.
21
Omit Article 37 (insurance against fraud or other dishonesty).
22
In Article 38 (guarantee funds) —
a
in paragraph (2), for “Subject to paragraph (3), a” substitute “A”; and
b
omit paragraph (3).
23
Omit Article 39 (prohibition on undischarged bankrupts and other persons).
24
In Article 42 (accounts and balance sheets) —
a
in paragraph (1) omit the words “and shall, in particular, identify the funds held in trust under Article 26”;
b
in paragraph (3), omit the words “and shall, in particular, identify the funds mentioned in paragraph (1)”.
25
For Article 49 (annual returns) substitute —
49
1
Every credit union must, by the due date, send to the registrar a return relating to its affairs for the year required by this Article to be included in the return together with —
a
a copy of the report of the auditors on the credit union’s accounts for the year of account; and
b
subject to paragraph (7), a copy of each balance sheet made during that year and of any report of the auditors on that balance sheet.
2
The return required by paragraph (1) must —
a
contain the revenue account of the credit union prepared in accordance with Article 42(2) in respect of the year of account to which the return relates, and a balance sheet as at the end of that year; and
b
not contain any accounts other than the revenue account for that year unless those other accounts have been examined by the auditors of the credit union under Article 47.
3
For the purposes of this Article —
a
the end of a credit union’s year of account is 30th September; and
b
the due date is the date specified in rules made by the Authority under the 2000 Act or, if no date is specified, 6 months after the end of its year of account.
4
A credit union may alter the date on which its current and subsequent years of account end by notice to the Authority.
5
A notice under paragraph (4) must state whether it extends or shortens the current year of account.
6
A notice extending a credit union’s current year of account is not effective if it extends that year of account such that it exceeds 15 months.
7
Paragraph (1)(b) does not apply to an interim balance sheet made up and displayed under Article 42(5).
8
The last return under this Article by a credit union which is being terminated by an instrument of dissolution under Article 68(b) shall be made up to the date of the instrument of dissolution.
9
Every credit union must, on request, supply free of charge to every member or person interested in the funds of the credit union a copy of the latest return of the credit union under this Article, and must supply with every such copy a copy of the report of the auditors on the accounts and balance sheet relating to that return.
.
26
Omit Article 50 (display of latest balance sheet).
27
In Article 53 (duties of receiver or manager of credit union’s property) after “the registrar” each time it appears add “and the Authority”.
28
In Article 57 (production of documents and provision of information) omit —
a
paragraph (3); and
b
in paragraph (4) “or (3)”.
29
Omit Article 59 (suspension of credit union’s operations).
30
In Article 60(1) (cancellation of registration), after “by writing under his hand” insert “and with the consent of the Authority”.
31
In Article 61(1) (suspension of registration) after “by writing under his hand” insert “and with the consent of the Authority”.
32
In Article 62 (appeals), for paragraph (1) substitute —
1
A society may appeal to the High Court from the decision of the registrar to refuse registration of the society as a credit union (including a refusal by reason only of anything contained in or omitted from the society’s rules) on any ground other than that —
a
he is not satisfied that a common bond exists between the members of the society;
b
the society has not made an application to the Authority for Part 4 permission under section 40 of the 2000 Act to accept deposits; or
c
the Authority has not confirmed to the registrar that the Authority is satisfied that, once registered under this Order, the society will satisfy, and continue to satisfy, the threshold conditions set out in Schedule 6 to the 2000 Act in relation to the regulated activity of accepting deposits.
.
33
In Article 63 (petition for winding-up), after “the registrar” insert “, having first obtained the consent of the Authority,”.
34
After paragraph (6) of Article 65 (amalgamation of credit unions) insert —
7
The registrar must not register a special resolution under this Article unless the Authority has first confirmed to the registrar that the proposed amalgamation would not, in its opinion, result in a contravention of the 2000 Act, or any requirement imposed by or under that Act.
.
35
After paragraph (3) of Article 66 (transfer of engagements between credit unions) insert —
4
The registrar must not register a special resolution under this Article unless the Authority has first confirmed to the registrar that the proposed transfer would not, in its opinion, result in a contravention of the 2000 Act, or any requirement imposed by or under that Act.
.
36
In paragraph (5) of Article 70 (instrument of dissolution) for “Article 49(4)” substitute “Article 49(8)”.
37
In Article 72 (decision of disputes) —
a
in paragraph (1) for “(2), (4) and (5)”, substitute “(2), (4), (5) and (7)”;
b
for paragraph (2) substitute —
2
Unless —
a
the rules of the credit union expressly forbid it; or
b
a complainant is eligible to have the complaint dealt with under the ombudsman scheme,
the parties to a dispute in a credit union may by consent refer the dispute to the registrar who shall hear and determine it.
; and
c
after paragraph (9) insert —
10
Nothing in this Article or in rules of a kind mentioned in paragraph (1) prevents any person from having a complaint dealt with under the ombudsman scheme.
11
In this Article, “the ombudsman scheme” has the meaning it has in section 225(3) of the 2000 Act.
.
38
In Article 76(2) (prosecution of offences) omit “, other than under Article 24(2)(b), 25(4)(b), 27(6)(b), 32(4)(b), 33(6)(b) or 59(7)(b)”.
39
In Schedule 1 (matters to be provided for in rules of credit union) —
a
in paragraph 7, for “subject to Article 14(3)”, substitute “subject to any applicable rules made by the Authority under the 2000 Act”;
b
in paragraph 11, after “credit union”, insert “in accordance with any applicable rules made by the Authority under section 340 of the 2000 Act”; and
c
in paragraph 13, omit sub-paragraph (a).
40
Omit Schedule 3 (procedure in relation to directions under Article 59)
41
Omit paragraph 2 of Schedule 4 (savings).
Revocations
14
The following regulations and statutory rules are revoked —
a
the Credit Unions (Limit on Loans) Regulations (Northern Ireland) 1986 ;
b
the Credit Unions (Insurance against Fraud etc.) Order (Northern Ireland) 1988 ;
c
the Credit Unions (Authorised Investments) Regulations (Northern Ireland) 1995 ;
d
the Credit Unions (Limit on Membership) Order (Northern Ireland) 2006 ;
e
the Credit Unions (Limit on Shares) Order (Northern Ireland) 2006 ;
f
the Credit Unions (Deposits and Loans) Order (Northern Ireland) 2006 .
Review
15
1
The Treasury must from time to time —
a
carry out a review of articles 12 to 14,
b
set out the conclusions of the review in a report, and
c
publish the report.
2
The report must in particular —
a
set out the objectives intended to be achieved by the amendments made by articles 12 to 14,
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.
3
The first report under this article must be published before the end of the period of five years beginning with 31st March 2012 in conjunction with the Treasury’s report setting out the conclusions of its review of the Financial Services and Markets Act 2000 (Exemption) (Amendment No. 2) Order 2011 .
4
Reports under this article are afterwards to be published at intervals not exceeding five years.
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd November 2011


type: legislation

jurisdiction: UK

text:
Citation, commencement, extent and review
1
1
These Regulations may be cited as the Plant Protection Products Regulations 2011 and come into force on 24th September 2011.
2
Except as provided in paragraph (3) and subject to paragraphs (4) and (5), these Regulations extend to Great Britain.
3
Regulation 4 extends to the United Kingdom.
4
Any amendment made by Schedule 4 has the same extent as that of the enactment, or instrument made by the Scottish Parliament, to which it relates.
5
Any revocation made by Schedule 5 has the same extent as that of the enactment, or instrument made by the Scottish Parliament, to which it relates.
6
Before the end of each review period, the Secretary of State must —
a
carry out a review of regulations 2 to 31;
b
set out the conclusions of the review in a report; and
c
publish the report.
7
The review shall relate to the operation of these Regulations as they have effect in relation to England and Wales only.
8
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Regulation 1107/2009 (which is implemented by means of these Regulations) is implemented in other Member States.
9
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.
10
If a report under these Regulations is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
11
“review period” means —
a
the period of five years beginning with the day on which these Regulations come into force, and
b
subject to paragraph (10), each successive period of five years.
Interpretation
2
1
In these Regulations —
“the 1986 Regulations ” means the Control of Pesticides Regulations 1986 ;
“authorised person” means a person authorised under regulation 7(1) or 7(7) of these Regulations;
“Regulation 1107/2009” means Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC , of which Articles 30(3) and 52(4) and Annexes I to V of that Regulation are to be read as amended from time to time.
2
Expressions used in both these Regulations and Regulation 1107/2009 have the same meaning in these Regulations as they have in Regulation 1107/2009.
3
In these Regulations any reference to a numbered Article is to be construed as a reference to the Article so numbered in Regulation 1107/2009.
Competent Authority
3
For the purposes of Article 75(1) the designated competent authority is —
a
in relation to England and Wales, the Secretary of State; and
b
in relation to Scotland, the Scottish Ministers.
Co-ordinating national authority
4
The Secretary of State is the designated co-ordinating national authority for the purposes of Article 75(2).
Emergency measures
5
1
Where the Secretary of State reasonably considers that treated seeds are likely to constitute a serious risk to human or animal health or to the environment, the Secretary of State may issue a notice in writing restricting or prohibiting their sale or use, or both, in relation to England and Wales.
2
Where the Scottish Ministers reasonably consider that treated seeds are likely to constitute a serious risk to human or animal health or to the environment, they may issue a notice in writing restricting or prohibiting their sale or use, or both, in relation to Scotland.
3
A notice served pursuant to paragraph (1) or (2) must —
a
set out the grounds for issuing the notice; and
b
give a time limit for compliance with the notice.
Enforcement
6
These Regulations are enforced —
a
by the Secretary of State in relation to England;
b
by the Welsh Ministers in relation to Wales; and
c
by the Scottish Ministers in relation to Scotland.
Powers of authorised persons
7
1
The Secretary of State (in relation to England), the Welsh Ministers (in relation to Wales) and the Scottish Ministers (in relation to Scotland) may authorise any person to exercise the powers set out in Schedule 1 to these Regulations.
2
An authorised person, if so authorised by the person authorising him or her, may, although not of counsel or a solicitor, prosecute before a magistrates’ court in England and Wales proceedings for an offence under these Regulations.
3
A person may be authorised for specified purposes.
4
An authorisation must be evidenced in writing.
5
The Secretary of State and the Welsh Ministers acting jointly in relation to local authority officers in England and Wales, and the Scottish Ministers in relation to local authority officers in Scotland, may specify descriptions of local authority officers who may be authorised to exercise enforcement powers and may direct that an officer of a particular description may only be appointed to exercise them for a specified purpose.
6
Any specification or direction under paragraph (5) must be in writing.
7
If the Secretary of State and Welsh Ministers or the Scottish Ministers specify a description of local authority officers under paragraph (5), a local authority may authorise any of its officers falling within that description to exercise enforcement powers.
8
Schedule 1 (Powers of authorised persons) has effect.
9
In this regulation “enforcement powers” means the powers set out in Schedule 1 to these Regulations.
10
In this regulation “local authority” means —
a
in relation to England —
i
where there is a unitary authority, within the meaning of the Local Government Changes for England Regulations 1994 , that authority;
ii
where there is not a unitary authority —
aa
in a metropolitan district, the council of that district;
bb
in a non-metropolitan district, the council of that county or the council of a district within the county area;
cc
in each London borough, the council of that borough;
iii
in the City of London, the Common Council; or
iv
the Council of the Isles of Scilly;
b
in relation to Wales, a county council or a county borough council; and
c
in relation to Scotland, a Council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 .
Evidence of authorisation
8
1
An authorised person performing functions under these Regulations must produce, on request, evidence of his or her authorisation.
2
An authorised person shall state, if requested —
a
his or her name;
b
the functions to be performed; and
c
the grounds for proposing to perform those functions.
Placing on the market and use
9
A person must not place on the market or use a plant protection product in contravention of Article 28, or cause or permit another person to do so.
Seeds treated with plant protection products
10
1
A person must not place on the market or use seeds treated with plant protection products that are not authorised for use on such seeds in any Member State, or cause or permit another person to do so.
2
A person must not place on the market treated seeds in contravention of Article 49(4), or cause or permit another person to do so.
3
In this regulation “treated seeds” means seeds treated with plant protection products authorised for that use in at least one Member State.
Parallel trade permits and permits for trial purposes
11
1
A person must not place on the market or use a plant protection product in contravention of Article 52(5), or cause or permit another person to do so.
2
A person must not place on the market or use a plant protection product in contravention of one or more conditions in a permit granted for trial purposes under Article 54(1), or cause or permit another person to do so.
Use of plant protection products
12
A person must use a plant protection product in compliance with the conditions established in accordance with Article 31 and specified on the labelling as required in Article 55.
The provision of information on potentially harmful or unacceptable effects
13
An authorisation holder must include in a notification under Article 56(1) the information required by Article 56(2).
Adjuvants
14
1
A person must not place on the market or use an adjuvant in contravention of Article 58, or cause or permit another person to do so.
2
For the purposes of Article 81(3), until the adoption of detailed rules referred to in Article 58(2), the national provisions for authorisation of adjuvants are set out in Schedule 2.
3
A person must not use an adjuvant with a plant protection product authorised or permitted, or deemed to be authorised or permitted, in accordance with Regulation 1107/2009 in contravention of a requirement imposed pursuant to paragraph 3(b) of Schedule 2 to these Regulations.
4
Schedule 2 (Adjuvants) has effect.
The sharing of tests and studies involving vertebrate animals
15
1
A person must not undertake tests on vertebrate animals in contravention of the first sentence of Article 62(1), or cause or permit another person to do so.
2
A person must comply with a direction issued by the Secretary of State or the Scottish Ministers pursuant to Article 62(6).
Packaging and presentation
16
1
A person must not package a plant protection product or an adjuvant in contravention of Article 64(1), or cause or permit another person to do so.
2
A person must not make available to the general public a plant protection product or adjuvant in contravention of Article 64(2), or cause or permit another person to do so.
Labelling
17
A person must not place on the market a plant protection product in contravention of Article 65(1), or cause or permit another person to do so, unless the plant protection product is —
a
placed on the market before 14th June 2015;
b
approved under the 1986 Regulations, the Plant Protection Products Regulations 2005 or the Plant Protection Products (Scotland) Regulations 2005 ; and
c
labelled in accordance with Article 16 of Council Directive 91/414/EEC concerning the placing of plant protection products on the market .
Advertising
18
A person must not advertise a plant protection product in contravention of Article 66(1), (2), (4), (5) or (6), or cause or permit another person to do so.
Record keeping
19
1
Producers, suppliers, distributors, importers, and exporters of plant protection products must not contravene the requirement set out in the first sentence of Article 67(1).
2
A professional user of plant protection products must not contravene the requirements set out in the second sentence of Article 67(1).
3
Producers, suppliers, distributors, importers, exporters and professional users of plant protection products must not contravene the second paragraph of Article 67(1).
4
A producer of a plant protection product must not contravene Article 67(2).
5
An authorisation holder must not contravene Article 67(3).
The provision of information
20
1
A person listed in paragraph (2) must not —
a
make a statement which they know to be false in a material particular;
b
recklessly make a statement which is false in a material particular; or
c
intentionally fail to disclose any material particular,
in relation to the application or request specified in paragraph (2).
2
Paragraph (1) applies to the following persons in relation to the following applications or requests —
a
an applicant, or their representative, in relation to an application under Article 33(1);
b
an authorisation holder, in relation to an application under Article 40(1) or Article 43(1);
c
a person making an application on behalf of an official or scientific body involved in agricultural activities or on behalf of a professional agricultural organisation, in relation to an application under Article 40(2);
d
an authorisation holder, a person making an application on behalf of an official or scientific body involved in agricultural activities, a person making an application on behalf of a professional agricultural organisation or a professional user, in relation to a request under Article 51(1); or
e
an applicant, or their representative, in relation to an application under Article 52(1) or 54(2).
3
A prospective applicant must not —
a
submit data knowing them to be false in a material particular;
b
recklessly submit data which are false in a material particular; or
c
intentionally fail to disclose data,
in a submission for the purposes of the second paragraph of Article 61(1).
4
A prospective applicant must not provide samples or mock ups of packaging and drafts of labels and leaflets required by the Secretary of State or the Scottish Ministers pursuant to Article 65(2) —
a
knowing them to be false in a material particular; or
b
recklessly as to whether they are false in a material particular.
5
A person must not cause or permit any person, in relation to an application under Article 52(1) or 54(2), to make a statement which the former knows to be false in a material particular.
Non-compliance with notices
21
1
A person must comply with the provisions of a notice served under —
a
regulation 5(1) or (2);
b
paragraph 7(1), (3) or (8) of Schedule 1 to these Regulations; or
c
paragraph 8(1), (3) or (6) of Schedule 1 to these Regulations.
2
The Secretary of State, the Scottish Ministers or an authorised person may make arrangements to ensure that the requirements in a notice issued by them are complied with if the person on whom the notice was served fails to comply with the requirements in the notice.
3
Any costs reasonably incurred by the Secretary of State, the Scottish Ministers or any authorised person in ensuring that the requirements of a notice are complied with may be recovered, on demand, from the person on whom the notice was served.
Obstruction of an authorised person
22
1
A person —
a
must not intentionally obstruct any person performing his or her functions under these Regulations; and
b
must comply with any requirement made by an authorised person performing his or her functions under these Regulations.
2
A person purporting to give information required by an authorised person performing his or her functions under these Regulations must not —
a
make a statement which they know to be false in a material particular;
b
recklessly make a statement which is false in a material particular; or
c
intentionally fail to disclose any material particular.
Offence
23
A person who contravenes or fails to comply with —
a
any paragraph of regulations 9 to 13, 15 to 19, or 22;
b
regulation 14(1) or 14(3);
c
regulation 20(1), 20(3), 20(4) or 20(5);
d
regulation 21(1);
e
Article 56(1);
f
Article 56(4); or
g
the second sentence of Article 62(2),
is guilty of an offence.
Offences by bodies corporate
24
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate; or
b
any person who was purporting to act in any such capacity,
he or she, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
In paragraph (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of a partner or any person who was purporting to act in any such capacity, he or she as well as the partnership shall be guilty of the offence and liable to be proceeded against and punished accordingly.
Defences
25
1
In any proceedings for an offence under these Regulations, other than in relation to regulation 15(2), 22(1)(a) or 22(2), it is a defence for the person charged to prove that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
2
A person is to be taken to have established the defence provided by paragraph (1) if they prove —
a
that they acted under instructions given to them by their employer; or
b
that they acted in reliance on information supplied by another person without any reason to suppose that the information was false or misleading,
and in either case that they took all such steps as were reasonably open to them to ensure that no offence would be committed.
3
If, in any case, the defence provided by paragraph (1) involves an allegation that the commission of the offence was due to —
a
an act or omission by another person, other than the giving of instructions to the person charged with the offence by their employer; or
b
reliance on information supplied by another person,
the person charged shall not, without leave of the court, be entitled to rely on that defence unless within a period ending seven clear days before the hearing, they have served on the prosecutor a notice giving such information identifying or assisting in the identification of that other person as was then in their possession.
4
It shall be a defence in proceedings for an offence under section 8(b) of the Protection of Animals Act 1911 or under section 7(b) of the Protection of Animals (Scotland) Act 1912 (which restrict the placing on land of poison and poisonous substances) for the person charged to show that they acted in accordance with an authorisation or permission granted, or deemed to be granted, in accordance with Regulation 1107/2009.
Penalties
26
1
A person guilty of an offence under these Regulations, other than for contravention of or failure to comply with regulation 13, 19, 21(1) or 22(1)(b), is liable —
a
on summary conviction to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
2
A person guilty of an offence for contravention of or failure to comply with regulation 13, 19, 21(1) or 22(1)(b) is liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.
3
For the purposes of the jurisdiction of a court to try offences under these Regulations, any offence under these Regulations may be treated as having been committed in any place in Great Britain.
Service of documents
27
Schedule 3 (Service of documents) has effect.
Agency arrangements
28
1
The Scottish Ministers may arrange, with the agreement of the Secretary of State, for any of their functions under or for the purposes of Regulation 1107/2009 and these Regulations to be exercised on their behalf by the Secretary of State.
2
An arrangement under these Regulations in respect of any functions may include provisions for any fees and charges payable to the Scottish Ministers in respect of that function to be collected by the Secretary of State on behalf of the Scottish Ministers.
3
An arrangement under these Regulations shall be in writing and be signed by, or on behalf of, the Scottish Ministers and the Secretary of State and such an arrangement may be subject to such conditions (including conditions as to the costs) as may be agreed.
Application to the Crown
29
1
Subject to paragraph (2), an authorised person may perform any of his or her functions under these Regulations in relation to land in which there is a Crown interest or Duchy interest.
2
An authorised person shall not perform any functions —
a
in relation to land in which there is no interest other than a Crown interest or Duchy interest; or
b
in relation to land which is exclusively in Crown occupation.
3
In this regulation —
“Crown interest” means any interest belonging to Her Majesty in right of the Crown or belonging to a government department or an office holder in the Scottish Administration or held in trust for Her Majesty for the purposes of a government department or the Scottish Administration;
“Crown occupation” means occupation by Her Majesty in right of the Crown or occupation by a government department or the Scottish Administration; and
“Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall.
Savings and transitionals
30
1
The Plant Protection Products Regulations 2005 and the Plant Protection Products (Scotland) Regulations 2005 are saved for the purposes of deciding applications for approvals of plant protection products referred to in Article 80(5). Any approval granted under either of those sets of Regulations or the 1986 Regulations, following such an application, shall be deemed to be granted under Regulation 1107/2009.
2
Any plant protection product that has a valid approval granted —
a
by, or on behalf of, the Secretary of State or the Scottish Ministers under the 1986 Regulations;
b
by, or on behalf of, the Secretary of State under the Plant Protection Products Regulations 2005; or
c
by, or on behalf of, the Scottish Ministers under the Plant Protection Products (Scotland) Regulations 2005,
when these Regulations come into force is deemed to be authorised in accordance with Regulation 1107/2009.
3
Any conditions or requirements in an approval referred to in paragraph (2) are deemed to be requirements made under Article 31(2).
4
Any parallel trade approval granted by, or on behalf of, the Secretary of State or the Scottish Ministers which is valid when these Regulations come into force is deemed to be a parallel trade permit granted in accordance with Article 52.
Amendments and revocations
31
1
The enactments, or instruments made by the Scottish Parliament, specified in the Table in Schedule 4 are amended to the extent specified in the Table.
2
The enactments, or instruments made by the Scottish Parliament, specified in the Table in Schedule 5 are revoked in accordance with the provisions of that Table.
Signed by the authority of the Secretary of State for Environment, Food and Rural Affairs.
Henley
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
20th August 2011


text:
Citation
1
This Order may be cited as the Finance Act 2011, Section 49(6) (Appointed Day) Order 2011.
Appointed day
2
1st January 2012 is the day appointed for the purposes of section 49(6) of the Finance Act 2011 .
Angela Watkinson
James Duddridge
Two of the Lords Commissioners of Her Majesty’s Treasury
12th December 2011


text:
Citation and extent
1
1
This Order may be cited as the Prisoners’ Earnings Act 1996 (Commencement) (England and Wales) Order 2011.
2
It extends to England and Wales only.
Appointed day
2
26th September 2011 is the day appointed for the coming into force of the Prisoners’ Earnings Act 1996, except for section 4(3).
Crispin Blunt
Parliamentary Under Secretary of State
Ministry of Justice
5th July 2011


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 and shall come into force on 26th May 2011.
2
In these Regulations “the 2003 Regulations ” means the Privacy and Electronic Communications (EC Directive) Regulations 2003 .
Amendment of the 2003 Regulations
2
The 2003 Regulations are amended as set out in the following regulations.
3
In regulation 2 —
a
in the definition of “location data” after “electronic communications network” insert “or by an electronic communications service”;
b
after the definition of “ OFCOM ”, insert ““personal data breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed in connection with the provision of a public electronic communications service;”.
4
1
In regulation 5, after paragraph (1) insert —
1A
The measures referred to in paragraph (1) shall at least —
a
ensure that personal data can be accessed only by authorised personnel for legally authorised purposes;
b
protect personal data stored or transmitted against accidental or unlawful destruction, accidental loss or alteration, and unauthorised or unlawful storage, processing, access or disclosure; and
c
ensure the implementation of a security policy with respect to the processing of personal data.
2
After paragraph (5) insert —
6
The Information Commissioner may audit the measures taken by a provider of a public electronic communications service to safeguard the security of that service.
.
5
After regulation 5, insert —
Personal data breach
5A
1
In this regulation and in regulations 5B and 5C, “service provider” has the meaning given in regulation 5(1).
2
If a personal data breach occurs, the service provider shall, without undue delay, notify that breach to the Information Commissioner.
3
Subject to paragraph (6), if a personal data breach is likely to adversely affect the personal data or privacy of a subscriber or user, the service provider shall also, without undue delay, notify that breach to the subscriber or user concerned.
4
The notification referred to in paragraph (2) shall contain at least a description of —
a
the nature of the breach;
b
the consequences of the breach; and
c
the measures taken or proposed to be taken by the provider to address the breach.
5
The notification referred to the paragraph (3) shall contain at least —
a
a description of the nature of the breach;
b
information about contact points within the service provider’s organisation from which more information may be obtained; and
c
recommendations of measures to allow the subscriber to mitigate the possible adverse impacts of the breach.
6
The notification referred to in paragraph (3) is not required if the service provider has demonstrated, to the satisfaction of the Information Commissioner that —
a
it has implemented appropriate technological protection measures which render the data unintelligible to any person who is not authorised to access it, and
b
that those measures were applied to the data concerned in that breach.
7
If the service provider has not notified the subscriber or user in compliance with paragraph (3), the Information Commissioner may, having considered the likely adverse effects of the breach, require it to do so.
8
Service providers shall maintain an inventory of personal data breaches comprising —
a
the facts surrounding the breach,
b
the effects of that breach, and
c
remedial action taken
which shall be sufficient to enable the Information Commissioner to verify compliance with the provisions of this regulation. The inventory shall only include information necessary for this purpose.
Personal data breach: audit
5B
The Information Commissioner may audit the compliance of service providers with the provisions of regulation 5A.
Personal data breach: enforcement
5C
1
If a service provider fails to comply with the notification requirements of regulation 5A, the Information Commissioner may issue a fixed monetary penalty notice in respect of that failure.
2
The amount of a fixed monetary penalty under this regulation shall be £1,000.
3
Before serving such a notice, the Information Commissioner must serve the service provider with a notice of intent.
4
The notice of intent must —
a
state the name and address of the service provider;
b
state the nature of the breach;
c
indicate the amount of the fixed monetary penalty;
d
include a statement informing the service provider of the opportunity to discharge liability for the fixed monetary penalty;
e
indicate the date on which the Information Commissioner proposes to serve the fixed monetary penalty notice; and
f
inform the service provider that he may make written representations in relation to the proposal to serve a fixed monetary penalty notice within the period of 21 days from the service of the notice of intent.
5
A service provider may discharge liability for the fixed monetary penalty if he pays to the Information Commissioner the amount of £800 within 21 days of receipt of the notice of intent.
6
The Information Commissioner may not serve a fixed monetary penalty notice until the time within which representations may be made has expired.
7
The fixed monetary penalty notice must state —
a
the name and address of the service provider;
b
details of the notice of intent served on the service provider;
c
whether there have been any written representations;
d
details of any early payment discounts;
e
the grounds on which the Information Commissioner imposes the fixed monetary penalty;
f
the date by which the fixed monetary penalty is to be paid; and
g
details of, including the time limit for, the service provider’s right of appeal against the imposition of the fixed monetary penalty.
8
A service provider on whom a fixed monetary penalty is served may appeal to the Tribunal against the issue of the fixed monetary penalty notice.
9
Any sum received by the Information Commissioner by virtue of this regulation must be paid into the Consolidated Fund.
10
In England and Wales and Northern Ireland, the penalty is recoverable —
a
if a county court so orders, as if it were payable under an order of that court;
b
if the High Court so orders, as if it were payable under an order of that court.
11
In Scotland, the penalty may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
6
1
In regulation 6 —
2
In paragraph (1) for “use an electronic communications network to store information, or to”, substitute “store or”.
3
For paragraph (2)(b) substitute “(b) has given his or her consent”.
4
After paragraph (3) insert —
3A
For the purposes of paragraph (2), consent may be signified by a subscriber who amends or sets controls on the internet browser which the subscriber uses or by using another application or programme to signify consent.
5
In paragraph (4)(a) omit “or facilitating”.
7
In regulation 7(3)(b) for “given his consent” substitute “previously notified the provider that he consents”.
8
In regulation 19(1) after “automated calling” insert “or communication”.
9
1
In regulation 23, at the end of paragraph (a) omit “or”.
2
After paragraph (b) insert —
c
where that electronic mail would contravene regulation 7 of the Electronic Commerce (EC Directive) Regulations 2002 ; or
d
where that electronic mail encourages recipients to visit websites which contravene that regulation.
10
After regulation 29 insert —
29A
1
Where regulations 28 and 29 apply, communications providers must establish and maintain internal procedures for responding to requests for access to users’ personal data.
2
Communications providers shall on demand provide the Information Commissioner with information about —
a
those procedures;
b
the number of requests received;
c
the legal justification for the request; and
d
the communications provider’s response.
11
In regulation 31 —
a
in paragraph (1) after “provisions of Part V” insert “and sections 55A to 55E”.
b
at the end of paragraph (2) insert “and the functions set out in regulations 31A and 31B”.
12
After regulation 31 insert —
Enforcement: third party information notices
31A
1
The Information Commissioner may require a communications provider (A) to provide information to the Information Commissioner by serving on A a notice (“a third party information notice”).
2
The third party information notice may require A to release information held by A about another person’s use of an electronic communications network or an electronic communications service where the Information Commissioner believes that the information requested is relevant information.
3
Relevant information is information which the Information Commissioner considers is necessary to investigate the compliance of any person with these Regulations.
4
The notice shall set out —
a
the information requested,
b
the form in which the information must be provided;
c
the time limit within which the information must be provided; and
d
information about the rights of appeal conferred by these Regulations.
5
The time limit referred to in paragraph (4)(c) shall not expire before the end of the period in which an appeal may be brought. If an appeal is brought, the information requested need not be provided pending the determination or withdrawal of the appeal.
6
In an urgent case, the Commissioner may include in the notice —
a
a statement that the case is urgent; and
b
a statement of his reasons for reaching that conclusion,
in which case paragraph (5) shall not apply.
7
Where paragraph (6) applies, the communications provider shall have a minimum of 7 days (beginning on the day on which the notice is served) to provide the information requested.
8
A person shall not be required by virtue of this regulation to disclose any information in respect of —
a
any communication between a professional legal adviser and the adviser’s client in connection with the giving of legal advice with respect to the client’s obligations, liabilities or rights under these Regulations, or
b
any communication between a professional legal adviser and the adviser’s client, or between such an adviser or the adviser’s client and any other person, made in connection with or in contemplation of proceedings under or arising out of these Regulations (including proceedings before the Tribunal) and for the purposes of such proceedings.
Enforcement: appeals
31B
1
A communications provider on whom a third party information notice has been served may appeal to the Tribunal against the notice.
2
Appeals shall be determined in accordance with section 49 of and Schedule 6 to the Data Protection Act 1998 as modified by Schedule 1 to these Regulations.
13
After regulation 36 insert —
Review of implementation
37
1
Before the end of each review period, the Secretary of State must —
a
carry out a review of the implementation in the United Kingdom of the Directive;
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 Directive is implemented in other member States.
3
The report must in particular —
a
set out the objectives intended to be achieved by the implementation in the United Kingdom of the Directive;
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
“Review period” means —
a
the period of five years beginning with the 26th May 2011; and
b
subject to paragraph (5), each successive period of 5 years.
5
If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to being with the day on which that report is published.
14
Schedule 1 to the 2003 Regulations is amended as follows —
a
In the title of the Schedule, after “Part V” insert “and sections 55A to 55E”;
b
After paragraph 2 insert “2A. Sections 41A to 41C shall be omitted.”;
c
In paragraph 4, at the end of the substituted subparagraph (c) for “; and” and paragraph (d) there shall be substituted —
d
in subsection (8), for “under this Act” there shall be substituted “under the Privacy and Electronic Communications (EC Directive) Regulations 2003”;
e
in subsection (8B), for “under this Act (other than an offence under section 47)” there shall be substituted “under the Privacy and Electronic Communications (EC Directive) Regulations 2003”; and
f
subsection (10) shall be omitted.
;
d
For paragraph 6 there shall be substituted —
6
In section 47 —
a
in subsection (1), “special information notice” there shall be substituted “third party information notice”; and
b
in subsection (2), for “special information notice” there shall be substituted “third party information notice”.
;
e
After paragraph 8, insert —
8A
In section 55A —
a
in subsection (1) —
i
for “data controller” there shall be substituted “person”, and
ii
for “of section 4(4) by the data controller” there shall be substituted “of the requirements of the Privacy and Electronic Communications (EC Directive) Regulations 2003”;
b
in subsection (3), for “data controller” there shall be substituted “person”;
c
subsection (3A) shall be omitted;
d
in subsection (4), for “data controller” there shall be substituted “person”;
e
in subsection (9), the definition of “data controller” shall be omitted.
8B. In section 55B, for the words “data controller” (in subsections (1), (3) and (4)), there shall be substituted the word “person”.
;
f
In paragraph 9, for “Schedule (6)” substitute “Schedule 6”;
g
In paragraph 10 at the end of subparagraph (a) omit “; and” and subparagraph (b) and replace with —
b
in subparagraph (1A) for “data controller” there shall be substituted “person”, and for “requirement imposed by an assessment notice” there shall be substituted “the audit provisions in regulations 5 and 5B of the 2003 Regulations”;
c
in subparagraph (1B) —
i
for “data controller” there shall be substituted “person”;
ii
for “data protection principles” there shall be substituted “the requirements of the 2003 Regulations”;
iii
for “assessment notice” there shall be substituted “audit notice”; and
iv
the words “subparagraph (2) and” shall be omitted;
d
subparagraph (2) shall be omitted;
e
in subparagraphs (3)(d)(ii) and (3)(f) for the words “data controller” there shall be substituted “person”, and for the words “the data protection principles” there shall be substituted “the requirements of the 2003 Regulations”.
;
h
After paragraph 10 insert —
10A
In paragraph 2(1A) of Schedule 9 for “assessment notice” there shall be substituted “audit notice”.
Amendment of the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000
15
The Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 are amended as follows —
a
in regulation 3(1) omit “or implied”;
b
at the end of regulation 3(3) insert “as amended by Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws .”.
Amendment of the Enterprise Act 2002
16
The Enterprise Act 2002 is amended as follows —
a
in section 213(5A), after paragraph (i) insert “(j) the Information Commissioner”;
b
in Schedule 13, after paragraph 11 insert —
12
Article 13 of Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications).
.
Amendment of the Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2003
17
At the end of the Schedule to the Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2003 insert —
Article 13 of Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) Regulations 19 to 26 and 30 and 32 of the Privacy and Electronic Communications (EC Directive) Regulations 2003
Ed Vaizey
Parliamentary Under Secretary of State
Department for Culture, Media and Sport
4th May 2011


text:
Citation and commencement
1
These Regulations may be cited as the Education (Residential Trips) (Prescribed Tax Credits) (England) (Amendment) Regulations 2011 and come into force on 6th April 2011.
Amendment of the Education (Residential Trips) (Prescribed Tax Credits) (England) Regulations 2003
2
1
The Education (Residential Trips) (Prescribed Tax Credits) (England) Regulations 2003 are amended as follows.
2
For regulation 3, substitute —
Prescribed tax credits
3
Child Tax Credit is prescribed for the purposes of section 457(4)(b)(iii) of the 1996 Act in circumstances where the pupil’s parent —
a
is entitled to Child Tax Credit but not to Working Tax Credit; and
b
is receiving Child Tax Credit by virtue of an award which is based on an annual income not exceeding £16,190.
.
Nick Gibb
Minister of State
Department for Education
10th March 2011


text:
Part 1 General
Citation, commencement and cessation
1
1
These Regulations may be cited as the Mandatory Travel Concession (England) Regulations 2011.
2
They come into force on 12th May 2011.
3
They cease to have effect on 12th May 2018.
Review
2
1
Before the end of the review period, the Secretary of State must —
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
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.
3
“Review period” means the period of five years beginning with the day on which these Regulations come into force.
Interpretation
3
1
In these Regulations —
a
“ the Act ” means the Transport Act 2000;
b
“applicant” means a person making an application to which Part 5 of these Regulations applies;
c
“average commercial adult fare” means the average fare paid by adult non-concessionary passengers on any particular route or service of an operator;
d
“commercial ticket sales” means the number of tickets of any given ticket type sold by an operator to fare paying passengers on any route or service on which the concession is available;
e
“commercial ticket revenue” means the revenue received by an operator from its commercial ticket sales on any route or service on which the concession is available;
f
“concession” means any travel concession provided or to be provided in accordance with section 145A(1) of the Act;
g
“concessionary journeys” means the total number of eligible journeys made on eligible services by persons entitled to receive a concession;
h
“operator” means an operator of an eligible service on which a concession is claimed;
i
“payment day” means any day on which a reimbursement payment is due to be made;
j
“payment period” means the period to which a reimbursement payment relates;
k
“reimbursement arrangements” include the method of determination and manner of payment of reimbursement by travel concession authorities to operators in respect of concessions to be provided;
l
“reimbursement payment” means any payment falling to be made in accordance with section 149 of the Act;
m
“standard method” means the method for calculating the amount of reimbursement payments due to operators of eligible services adopted by a travel concession authority in accordance with regulation 9(1).
2
References in these Regulations to the date on which a notice is given are, in relation to notices sent by post, references to the date on which the notice is, in accordance with regulation 20(3), deemed to be received at the address to which it is sent.
3
Any reference in these Regulations to estimates or calculations made by a travel concession authority in relation to reimbursement payments is a reference to estimates or calculations made by the best practical method available to the travel concession authority.
Application
4
These Regulations relate to the concession established under section 145A of the Act and apply in relation to England.
Part 2 Arrangements between Operators and Travel Concession Authorities
Reimbursement arrangements
5
Regulations 6 to 17 apply to the provisions to be included in reimbursement arrangements.
6
It must be an objective of a travel concession authority when formulating reimbursement arrangements for an operator to provide that such operator —
a
is financially no better and no worse off as a result of providing a concession; and
b
receives appropriate reimbursement for providing concessions to the persons eligible to receive those concessions.
7
1
The payment periods and payment days must be specified in the reimbursement arrangements and —
a
payment periods must not be longer than three months; and
b
in relation to each payment period, the payment day must not be later than the day which is half way between the first and last days of the payment period (and, in ascertaining the payment day, no account is to be taken of half days).
2
Each initial reimbursement in respect of a payment period must not be less than 85% of the amount estimated by the travel concession authority to be due to the operator in respect of the relevant payment period.
3
The balance of each reimbursement in respect of a payment period must be paid, subject to any adjustments shown to be necessary in the light of information available to the travel concession authority pursuant to arrangements giving effect to these Regulations, not later than three months after the end of the relevant payment period.
4
Subject to paragraph (5), if any such balance as is mentioned in paragraph (3) is not paid in accordance with that paragraph, provision must be made for the travel concession authority to pay interest (at a rate not less than the lowest rate at which the travel concession authority is able to borrow at the time) on the amount for the time being unpaid for the period beginning with the last date on which the balance should have been paid in accordance with paragraph (3) and ending with the date of actual payment.
5
Interest is not to be payable until a reimbursement arrangement has been in operation for six months nor in respect of any period falling wholly or partly within the first six months of operation of a reimbursement arrangement.
6
If the amount of any reimbursement payment made in accordance with paragraph (2) in respect of any payment period exceeds the total amount of that payment found to be payable in respect of that period, provision must be made for the travel concession authority to notify the operator in writing accordingly and deduct the amount of the excess from the reimbursement payments due to that operator in respect of any subsequent payment period.
7
If the circumstances described in paragraph (6) arise in relation to a person who is no longer an operator, the travel concession authority must notify that person accordingly and, unless that person disputes the existence or amount of the excess, that person must pay the amount of the excess to the travel concession authority within 30 days of the date of receipt of the notification.
8
Provision may be made for any reimbursement payment due in accordance with paragraphs (2) and (3) to be made otherwise than in accordance with this regulation in any case where an operator fails to supply information in accordance with reimbursement arrangements giving effect to these Regulations —
a
in the case of a payment due in accordance with paragraph (2), in sufficient time to allow the travel concession authority to form a reasonable estimate of the amount of the payment; or
b
in the case of a payment due in accordance with paragraph (3), in sufficient time to allow the travel concession authority to calculate the amount of the payment.
8
Subject to regulation 13, when formulating reimbursement arrangements, a travel concession authority may request information from operators which it reasonably considers relevant to assisting it in the formulation and operation of those arrangements, including —
a
commercial ticket sales;
b
commercial ticket revenue;
c
concessionary journeys; and
d
average commercial adult fare.
9
1
Subject to paragraph (4), in relation to each reimbursement arrangement, the travel concession authority must adopt a standard method to be used.
2
The standard method must provide for the travel concession authority to take into account any data supplied by an operator who shows that the method by which such data was derived is more appropriate for the calculation of reimbursement payments.
3
Where the amounts of reimbursement payments are estimated or calculated otherwise than by reference to a standard method, the estimates or calculations must be adjusted if the information upon which they were based is shown to be inaccurate in any material respect.
4
A travel concession authority that has reason to believe that the standard method used by it is inappropriate in relation to the reimbursement of any particular operator may, at its own cost and expense, make provision for a more accurate calculation of the reimbursement in respect of that operator.
10
Provision must be made for a travel concession authority to review the calculations made in accordance with the standard method at least once in each period of 12 months that the relevant reimbursement arrangement is in operation.
11
1
Provision must be made for additional reimbursement payments in any case where the operator demonstrates to the travel concession authority —
a
that that operator has necessarily incurred costs in providing services on which concessions are available in order to meet the extra demand created by the availability of those concessions additional to those costs that had been taken into account in the standard method; and
b
that those costs are such that they will not be met by reimbursement payments made in accordance with the standard method during the year in which the costs are incurred or during the three months immediately following the end of that year.
2
Provision must be made for additional reimbursement payments in any case where the operator demonstrates to the travel concession authority —
a
that the operator has supplied any information required in accordance with reimbursement arrangements; and
b
that in doing so it has incurred expenditure which it would not otherwise have incurred.
12
Any information supplied by an operator to a travel concession authority pursuant to regulation 8 or to reimbursement arrangements must only be used for and in connection with the calculation of reimbursement payments and such information must not be disclosed by the travel concession authority except —
a
with the consent in writing of the operator; or
b
to the extent to which the information in question has become public knowledge otherwise than by the act or omission of the travel concession authority.
13
Information may not be required on any of the following subjects —
a
the cost to the operator of providing any service or services on which concessions are available;
b
the total turnover of the business, or of any part of the business, of an operator; and
c
the annual rate or amount of the profit or loss of that business, or of any part of it.
14
A travel concession authority may require an operator to allow the officers, servants or agents of that travel concession authority to have access with reasonable frequency to (including the right to travel free of charge on) the vehicles of the operator on which concessions are available for the purpose of —
a
surveying or counting or estimating the number of passengers (whether generally or of any particular description) and the fares paid by those passengers; and
b
obtaining information on other matters relating to the journeys made by passengers who are eligible to receive concessions and necessary to the calculation by the travel concession authority of reimbursement payments.
Change in services and fares
15
Provision may be made for an operator to inform the travel concession authority of any changes in the services of that operator on which concessions are available, and of any changes in the fares payable by passengers on those services, in either case not later than the day on which the change takes effect.
Employment of administering agents
16
A travel concession authority may not employ as its agent for the purposes of the administration of reimbursement arrangements any person who is a holder of a PSV operator’s licence .
General restriction on interference with the manner of providing services
17
Except where done to give effect to this Part, reimbursement arrangements may not include provisions compliance with which would require the operator to alter the manner in which that operator provides the services on which concessions are available.
Part 3 Notices
Content of Notices
18
Notices under section 150(4) of the Act must contain the particulars set out in Schedule 1.
19
Notices under section 150(5) of the Act must contain the particulars set out in Schedule 2.
Service of notices
20
1
Notices required to be given under sections 150(4) and 150(5) of the Act must be —
a
delivered by hand;
b
sent by prepaid registered or recorded delivery post;
c
transmitted, subject to paragraph (2), in electronic format to the proper address of the intended recipient; or
d
given by any other means as may be agreed in writing between the person giving notice and the intended recipient.
2
Written notice may be transmitted in electronic format only where the intended recipient —
a
has indicated to the person giving notice, and has not subsequently withdrawn the indication, that receipt of notices in electronic format will be accepted; and
b
has provided the person giving notice with the fax number, e-mail address or other electronic address to which such notices may be sent.
3
Any notice sent by post in accordance with paragraph (1)(b) is to be deemed to be received when it ought in due course of post to be delivered at the address to which it is sent.
Part 4 Periods of Notice
Prescribed notice period
21
For the purposes of section 150(5) of the Act, the period for giving prior notice of intention to apply to the Secretary of State must not be less than seven days.
Part 5 Applications to the Secretary of State
Application
22
Regulations 23 to 32 apply to applications to the Secretary of State under section 150(3) of the Act for the modification of reimbursement arrangements.
Written Statements
23
1
The applicant must, with the notice required to be given under section 150(4) of the Act, submit to the Secretary of State a written statement of —
a
the grounds for the application; and
b
any reasons or other matters which that person considers to be relevant to the application.
2
The applicant must, at the same time as submitting the notice and statement to the Secretary of State, send a copy of that notice and of that statement to the travel concession authority.
24
1
The Secretary of State may request from the travel concession authority a written statement of any matters which it considers to be relevant to the application.
2
Subject to regulation 30, the travel concession authority must within 28 days of it having received a request under paragraph (1) submit the written statement to the Secretary of State.
3
At the same time as it submits the written statement to the Secretary of State, the travel concession authority must send a copy of it to the applicant.
25
1
Subject to regulation 30, the Secretary of State may, after the travel concession authority has submitted its written statement, request the applicant or the travel concession authority, or both of them, to submit to the Secretary of State such further written statements and documents as the Secretary of State may direct.
2
Any such further statements and documents must be submitted within such time as the Secretary of State may direct, but such time must not, unless the applicant and the travel concession authority otherwise agree, be less than 14 days commencing with the date of the Secretary of State’s request.
3
The applicant or the travel concession authority (as the case may be) submitting any further statement or document to the Secretary of State must at the same time send a copy of it to (as appropriate) the travel concession authority or the applicant.
Hearings and Procedure
26
1
The Secretary of State may, after the submission of the last written statement or document required under regulations 23 to 25, invite the applicant or the travel concession authority to appear before the Secretary of State.
2
When the Secretary of State makes an invitation under paragraph (1), the Secretary of State must also invite the applicant or the travel concession authority not invited under that sub-paragraph to be present.
3
The hearing pursuant to an invitation from the Secretary of State under this regulation must take place not less than 14 days after the date of that invitation (or, if invitations were given on separate dates, the date of the last of those invitations).
4
The applicant may appear in person or be represented by counsel, solicitor or any other person.
5
A travel concession authority may appear by any officer appointed for that purpose, or be represented by counsel, solicitor or any other person.
27
If the applicant or the travel concession authority fails —
a
to submit any statement or documents within the time specified by the Secretary of State; or
b
to appear before the Secretary of State in response to an invitation from the Secretary of State,
the Secretary of State may nevertheless proceed with the determination of the application.
28
1
Subject to regulation 27, at any hearing the Secretary of State must give to the applicant and the travel concession authority an opportunity —
a
to address the Secretary of State and to amplify the written statement submitted under this Part, to give evidence, to call witnesses, and to put questions to any person giving evidence before the Secretary of State; and
b
to make representations on the evidence (if any) and on the subject matter of the application generally but, where evidence is taken, such opportunity is not to be given before the completion of the taking of the evidence.
2
The Secretary of State may receive in evidence any document or information notwithstanding that such document or information would be inadmissible in a court of law.
3
Except as otherwise provided in this Part, the procedure at any hearing is to be determined at the discretion of the Secretary of State.
29
1
The decision of the Secretary of State, including any decision to increase, decrease or leave unchanged the amount to be paid to an applicant by way of reimbursement, must be recorded in a document signed by or on behalf of the Secretary of State and dated when so signed.
2
Such document must contain a summary of the reasons for the decision of the Secretary of State.
3
A copy of the document recording the decision of the Secretary of State must be sent to the applicant and the travel concession authority.
4
Except where a decision has been announced at the conclusion of a hearing, the decision is to be treated as having been made on the date on which the copy of the document is sent to the applicant.
30
1
In this regulation a reference to a “third party” is a reference to a person who is or was an operator but is not the person making the application in question.
2
Any statement or document submitted by a travel concession authority, and any statement made on behalf of a travel concession authority appearing before the Secretary of State, must not contain any information relating to the reimbursement of a third party where that information was received by the authority from that third party pursuant to reimbursement arrangements.
3
Paragraph (2) does not apply where the third party has given consent in writing to the inclusion of the information.
31
When the Secretary of State determines an application, the Secretary of State may, after giving them an opportunity to make representations, require the applicant or the travel concession authority, or both of them, to pay such a sum as the Secretary of State may determine towards the expenses incurred by the Secretary of State in connection with the determination of the application.
32
1
If the Secretary of State appoints a person to determine an application on behalf of the Secretary of State, the Secretary of State must give notice in writing of the appointment to the applicant and the travel concession authority.
2
If the Secretary of State appoints a person to determine an application on behalf of the Secretary of State, references in regulations 23 to 30 to the Secretary of State must be read, with effect from the date of the appointment, as references to the person so appointed.
Signed by authority of the Secretary of State
Norman Baker
Parliamentary Under Secretary of State
Department for Transport
13th April 2011


text:
Citation and commencement
1
This Order —
a
may be cited as the South East Water Ltd (River Ouse, Barcombe) Drought Order 2011; and
b
comes into force on 22nd December 2011.
Interpretation
2
In this Order —
a
“the Company” means South East Water Ltd;
b
“the Licence” means abstraction licence numbered 21/128 granted and reissued by the Agency on 30th March 2004 authorising the Company to abstract water from the River Ouse at Barcombe, subject to the terms and conditions set out in the Schedules to that licence .
Modification of authorisation to abstract water from the River Ouse at Barcombe
3
1
Until 31st March 2012, Schedule 2 to the Licence is modified as follows.
2
In the section headed ‘Maximum quantity of water to be abstracted’, in point 1 (Of the Natural Flow), in the first two rows (natural flow less than 20,000m 3 per day, and natural flow more than 20,000m 3 but less than 40,000m 3 per day), any reference to 20,000m 3 is read as a reference to 5,000m 3 .
3
This article is subject to the conditions in article 4.
Conditions
4
1
The Company must —
a
within 10 working days of the day this Order comes into force, submit to the Agency an environmental monitoring, mitigation and remediation plan, in such format as is required by the Agency;
b
keep the plan under review to ensure it remains appropriate;
c
agree any changes to the plan with the Agency;
d
follow the plan, as amended from time to time.
2
The Agency may —
a
at any time, require such changes to be made to the plan as it deems appropriate;
b
keep the plan under review to ensure it remains appropriate.
3
The Company must produce a weekly report, in such format as the Agency may require, detailing —
a
the results of the Company’s monitoring;
b
how the Company has complied with the conditions of this Order;
c
information on how the company has operated its water sources in accordance with the Licence and this Order.
4
The Company must provide such further information relating to the weekly report as the Agency may require.
5
The Company must provide to the Agency all such information, in such format as the Agency may require, as is relevant (or is further requested by the Agency) in order for the Agency to conduct, or commission, a review into the supply/demand balance of water resources and water source operation and drought management for the whole or any part of the Company’s supply area.
6
The information provided to the Agency may be shared with such third parties as the Agency deems appropriate.
Modification of Operating Agreement for Ardingly Reservoir
5
Until 31st March 2012, Schedule D, paragraph D5.2, of the Agreement Relating to the Maintenance and Operation of the Ardingly Reservoir Scheme dated 30th March 2004 and revised in July 2004 is modified to read as follows —
D5.2
The Agency may accordingly request that a volume of 200,000m 3 be released per annum for the benefit of fisheries or to alleviate a pollution incident. The Company will make the release as requested by the Agency unless prevented from doing so by virtue of an accident or unavoidable operational reasons.
.
Supplemental provision
6
For the purposes of regulation 19(3)(d) of the Environmental Damage Regulations 2009 nothing in this Order is to be taken as authorising any event causing environmental damage.
Signed by the authority of the Secretary of State
John Bourne
Deputy Director for Water Supply and Regulation
Department for Environment, Food and Rural Affairs
21st December 2011


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Contributions) (Amendment) Regulations 2011 and come into force on 28th February 2011.
Amendment of the Social Security (Contributions) Regulations 2001
2
Schedule 3 to the Social Security (Contributions) Regulations 2001 (payments to be disregarded in the calculation of earnings for the purposes of earnings-related contributions) shall be amended as follows.
Expenses of MPs and other representatives
3
In Part 8 (travelling, relocation and other expenses and allowances of the employment), after paragraph 15 add —
Expenses of MPs and other representatives
16
A payment to which no liability to income tax arises by virtue of any of the following provisions of ITEPA 2003 —
a
section 292 (accommodation expenses of MPs) ;
b
section 293 (overnight expenses of other elected representatives);
c
section 293A ( UK travel and subsistence expenses of MPs) ;
d
section 294 (European travel expenses of MPs and other representatives) .
.
Fees relating to the Protection of Vulnerable Groups (Scotland) Scheme
4
In Part 10 (miscellaneous and supplemental) —
a
in paragraph 1(1) for “paragraphs 2 to 21” substitute “this Part”; and
b
after paragraph 21 add —
Fees relating to the Protection of Vulnerable Groups (Scotland) Scheme
22
A payment of a fee in respect of an application to join the scheme administered under section 44 of the Protection of Vulnerable Groups (Scotland) Act 2007 (scheme to collate and disclose information about individuals working with vulnerable persons).
.
Angela Watkinson
Michael Fabricant
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd February 2011
The Secretary of State concurs.
Steve Webb
Signed by authority of the Secretary of State for Work and Pensions Minister of State
Department for Work and Pensions
2nd February 2011
The Department for Social Development concurs.
Sealed with the Official Seal of the Department for Social Development on 26th January 2011
Anne McCleary
Senior Officer of the Department for Social Development


text:
Citation and commencement
1
This Order may be cited as the Suffolk Mental Health Partnership National Health Service Trust (Dissolution) Order 2011 and shall come into force on 1st January 2012.
Dissolution of NHS trust
2
1
The Suffolk Mental Health Partnership National Health Service Trust is dissolved.
2
The Local Health Partnerships National Health Service Trust (Establishment) Order 1999 is revoked.
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
7th December 2011


text:
Citation and commencement
1
This Order may be cited as the Air Navigation (Amendment) Order 2011 and comes into force on 9th November 2011.
Amendment of the Air Navigation Order 2009
2
The Air Navigation Order 2009 is amended as follows.
Aerial photography, aerial survey and aerial work in the United Kingdom
3
1
In the heading to article 225, for “the United Kingdom” substitute “an EEA state”.
2
Article 225 is renumbered as paragraph (1) of that article.
3
After article 225(1), insert as follows —
2
This article does not apply to an aircraft registered in an EEA state.
4
In Schedule 13, Part C, Section 1 adjacent to the entry “225” in the column headed “Article of Order”, in the column headed “Subject Matter” the words “the United Kingdom” are replaced with the word “an EEA state”.
Other Changes
4
1
In article 3(5), after “if the aircraft had been registered in the United Kingdom an offence” insert “in respect of a contravention of a provision”.
2
In article 19(4), for “article 18(5)” substitute “article 18(7)”.
3
In article 25(5), for “paragraph (2)” substitute “paragraph (1)”.
4
In article 38(4)(d), for “provided by paragraph (2)” substitute “provided by article 37(2)”.
5
In article 255(1) in the definition of “Glider” omit “and any reference in this Order to a glider includes a reference to a self-sustaining glider and a self-propelled hang-glider”.
6
In Schedule 7, Part A, Section 2, Sub-Section 2 in paragraph (4)(b) of the privileges and conditions of a Commercial Pilot Licence (Helicopter), for “required in subparagraph (b)” substitute “required in subparagraph (a)”.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
1
This Order may be cited as the Freedom of Information (Designation as Public Authorities) Order 2011.
2
This Order comes into force on the day after the day on which it is made.
Persons designated as Public Authorities
2
The persons listed in column 1 of the Schedule are designated as public authorities under section 5(1)(a) of the Freedom of Information Act 2000 with respect to the function or functions specified in column 2.
Signed by the authority of the Secretary of State
McNally
Minister of State
Ministry of Justice
31st October 2011


text:
Citation and commencement
1
These Regulations may be cited as the Ionising Radiation (Medical Exposure) (Amendment) Regulations 2011 and shall come into force on 25th July 2011.
Amendment
2
At the end of regulation 3(a) (application) of the Ionising Radiation (Medical Exposure) Regulations 2000 after “medical diagnosis or treatment” insert “, including any exposure of an asymptomatic individual”.
Signed by authority of the Secretary of State for Health.
Anne Milton
Parliamentary Under-Secretary of State,
Department of Health
21st June 2011