text:
Citation, commencement and effect
1
1
This Order may be cited as the Income Tax Act 2007 (Amendment) Order 2010 and shall come into force 25th March 2010.
2
The amendments made by this Order shall be deemed to have come into force on 6th April 2007 and have effect for the tax year 2007-08 and subsequent tax years.
Amendment of the Social Security Contributions and Benefits Act 1992
2
1
Schedule 2 to the Social Security Contributions and Benefits Act 1992 (levy of Class 4 contributions with income tax) is amended as follows.
2
In paragraph 1(c) for “the Act of 1988” substitute “the Income Tax Acts (see section 989 of ITA 2007)”.
3
In paragraph 3(5) —
a
after paragraph (b) insert —
c
payments from which a sum representing income tax must be deducted under —
i
section 900(2) of ITA 2007 (commercial payments made by individuals),
ii
section 903(5) of that Act (patent royalties), or
iii
section 906(5) of that Act (certain royalties etc where usual place of abode of owner is abroad),
d
so much of any payment from which a sum representing income tax must be deducted under section 910(2) of ITA 2007 (proceeds of a sale of patent rights: payments to non-UK residents) as is equal to the amount referred to in that provision as “the chargeable amount”, or
e
a payment from which a sum representing income tax must be deducted as a result of a direction under section 944(2) of ITA 2007 (tax avoidance: certain payments to non-UK residents)
, and
b
for “so far as incurred” substitute “so far as the payment is incurred”.
Amendment of the Social Security Contributions and Benefits (Northern Ireland) Act 1992
3
1
Schedule 2 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (levy of Class 4 contributions with income tax) is amended as follows.
2
In paragraph 1(c) for “the Act of 1988” substitute “the Income Tax Acts (see section 989 of ITA 2007)”.
3
In paragraph 3(5) —
a
after paragraph (b) insert —
c
payments from which a sum representing income tax must be deducted under —
i
section 900(2) of ITA 2007 (commercial payments made by individuals),
ii
section 903(5) of that Act (patent royalties), or
iii
section 906(5) of that Act (certain royalties etc where usual place of abode of owner is abroad),
d
so much of any payment from which a sum representing income tax must be deducted under section 910(2) of ITA 2007 (proceeds of a sale of patent rights: payments to non-UK residents) as is equal to the amount referred to in that provision as “the chargeable amount”, or
e
a payment from which a sum representing income tax must be deducted as a result of a direction under section 944(2) of ITA 2007 (tax avoidance: certain payments to non-UK residents)
, and
b
for “so far as incurred” substitute “so far as the payment is incurred”.
Amendment of the Charities Act 1993
4
In section 10(2)(c) of the Charities Act 1993 (disclosure of information to Commission) after “the Income and Corporation Taxes Act 1988” insert “or Part 10 of the Income Tax Act 2007”.
Dave Watts
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd March 2010


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Policing Plan (Amendment) Regulations 2010 and shall come into force on 17 March 2010.
Amendment of the Policing Plan Regulations 2008
2
For regulation 4(d) of the Policing Plan Regulations 2008 substitute —
d
a Value for Money Statement, namely a statement setting out —
i
any planned improvements in efficiency and productivity of the police force during the plan period, including in particular those to be achieved through —
a
improvements in the deployment of the police force and of people employed by the police authority under section 15(1) of the Police Act 1996 (civilian employees);
b
reductions in overtime spending;
c
improvements in business processes;
d
reductions in bureaucracy;
e
use of national frameworks for procurement;
f
convergence of information systems and technology in accordance with national strategy;
g
improvements in the provision of business support services;
h
reductions in overhead expenses;
i
improvements delivered through collaborative working;
ii
how and when it is proposed such improvements will be achieved;
iii
the planned cashable gains arising from such improvements;
iv
where the police authority has decided that a planned improvement in efficiency and productivity of a description set out in paragraph (d)(i) should not be pursued, the reason for that decision.
.
David Hanson
Minister of State
Home Office
23rd February 2010


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) Regulations 2010.
2
These Regulations shall come into force on 6th April 2010.
3
In these Regulations —
“the 1976 Regulations ” means the Social Security (Medical Evidence) Regulations 1976 ;
“the 1985 Regulations ” means the Statutory Sick Pay (Medical Evidence) Regulations 1985 .
Amendment of the 1976 Regulations
2
1
The 1976 Regulations are amended as follows.
2
In regulation 2 (evidence of incapacity for work, limited capability for work and confinement) for paragraph (1) substitute the following —
2
1
Subject to regulation 5 and paragraph (1A) below, where a person claims to be entitled to any benefit, allowance or advantage (other than industrial injuries benefit or statutory sick pay) and entitlement to that benefit, allowance or advantage depends on that person being incapable of work or having limited capability for work, then in respect of each day until that person has been assessed for the purposes of the personal capability assessment or the limited capability for work assessment they shall provide evidence of such incapacity or limited capability by means of a statement given by a doctor in accordance with the rules set out in Part 1 of Schedule 1 to these Regulations.
1A
Where it would be unreasonable to require a person to provide a statement in accordance with paragraph (1) above that person shall provide such other evidence as may be sufficient to show that they are incapable of work or have limited capability for work so that they should refrain (or should have refrained) from work by reason of some specific disease or bodily or mental disability.
.
3
For Schedule 1 (rules) substitute —
SCHEDULE 1
Regulation 2(1)
PART 1 RULES
1
In these rules, unless the context otherwise requires —
“assessment” means either a consultation between a patient and a doctor which takes place in person or by telephone or a consideration by a doctor of a written report by another doctor or other health care professional;
“condition” means a specific disease or bodily or mental disability;
“doctor” means a registered medical practitioner, not being the patient;
“other health care professional” means a person (other than a registered medical practitioner and not being the patient) who is a registered nurse, a registered midwife, an occupational therapist or physiotherapist registered with a regulatory body established by an Order in Council under section 60 of the Health Act 1999 , or a member of any profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 ;
“patient” means the person in respect of whom a statement is given in accordance with these rules.
2
Where a doctor issues a statement to a patient in accordance with an obligation arising under a contract, agreement or arrangement under Part 4 of the National Health Service Act 2006 or Part 4 of the National Health Service (Wales) Act 2006 or Part 1 of the National Health Service (Scotland) Act 1978 the doctor’s statement shall be in a form set out at Part 2 of this Schedule and shall be signed by that doctor.
3
Where a doctor issues a statement in any case other than in accordance with rule 2, the doctor’s statement shall be in the form set out in Part 2 of this Schedule or in a form to like effect and shall be signed by the doctor attending the patient.
4
A doctor’s statement must be based on an assessment made by that doctor.
5
A doctor’s statement shall be completed in ink or other indelible substance and shall contain the following particulars —
a
the patient’s name;
b
the date of the assessment (whether by consultation or consideration of a report as the case may be) on which the doctor’s statement is based;
c
the condition in respect of which the doctor advises the patient they are not fit for work;
d
a statement, where the doctor considers it appropriate, that the patient may be fit for work;
e
a statement that the doctor will or, as the case may be will not, need to assess the patient’s fitness for work again;
f
the date on which the doctor’s statement is given;
g
the address of the doctor,
and shall bear, opposite the words “Doctor’s signature”, the signature in ink of the doctor making the statement.
6
Subject to rule 8, the condition in respect of which the doctor is advising the patient is not fit for work or, as the case may be, which has caused the patient’s absence from work shall be specified as precisely as the doctor’s knowledge of the patient’s condition at the time of the assessment permits.
7
Where a doctor considers that a patient may be fit for work the doctor shall state the reasons for that advice and where this is considered appropriate, the arrangements which the patient might make, with their employer’s agreement, to return to work.
8
The condition may be specified less precisely where, in the doctor’s opinion, disclosure of the precise condition would be prejudicial to the patient’s well-being, or to the patient’s position with their employer.
9
A doctor’s statement may be given on a date after the date of the assessment on which it is based, however no further statement shall be furnished in respect of that assessment other than a doctor’s statement by way of replacement of an original which has been lost, in which case it shall be clearly marked “duplicate”.
10
Where, in the doctor’s opinion, the patient will become fit for work on a day not later than 14 days after the date of the assessment on which the doctor’s statement is based, the doctor’s statement shall specify that day.
11
Subject to rules 12 and 13, the doctor’s statement shall specify the minimum period for which, in the doctor’s opinion, the patient will not be fit for work or, as the case may be, for which they may be fit for work.
12
The period specified shall begin on the date of the assessment on which the doctor’s statement is based and shall not exceed 3 months unless the patient has, on the advice of a doctor, refrained from work for at least 6 months immediately preceding that date.
13
Where —
a
the patient has been advised by a doctor that they are not fit for work and, in consequence, has refrained from work for at least 6 months immediately preceding the date of the assessment on which the doctor’s statement is based; and
b
in the doctor’s opinion, the patient will not be fit for work for the foreseeable future,
instead of specifying a period, the doctor may, having regard to the circumstances of the particular case, enter, after the words “case for”, the words “an indefinite period”.
PART 2 FORM OF DOCTOR’S STATEMENT
4
Schedules 1A and 1B are omitted.
Amendment of the 1985 Regulations
3
1
The 1985 Regulations are amended as follows.
2
In regulation 1(2) (citation, commencement and interpretation) for ““the 1982 Act ” means the Social Security Housing and Benefits Act 1982” substitute ““the 1992 Act ” means the Social Security Administration Act 1992;”.
3
Regulation 2 (medical information) is amended as follows —
a
for paragraph (1) substitute —
1
Medical information required under section 14(1) of the 1992 Act relating to incapacity for work shall be provided either —
a
in the form of a statement given by a doctor in accordance with the rules set out in Part 1 of Schedule 1 to these Regulations; or
b
by such other means as may be sufficient in the circumstances of any particular case.
.
b
in paragraph (2) for “section 17(2) of the 1982 Act” substitute “section 14(1) of the 1992 Act”.
4
For Schedule 1 substitute —
SCHEDULE 1
Regulation 2(1)(a)
PART 1 RULES
1
In these rules, unless the context otherwise requires —
“assessment” means either a consultation between a patient and a doctor which takes place in person or by telephone or a consideration by a doctor of a written report by another doctor or other health care professional;
“condition” means a specific disease or bodily or mental disability;
“doctor” means a registered medical practitioner, not being the patient;
“other health care professional” means a person (other than a registered medical practitioner and not being the patient) who is a registered nurse, a registered midwife, an occupational therapist or physiotherapist registered with a regulatory body established by an Order in Council under section 60 of the Health Act 1999 , or a member of any profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 ;
“patient” means the person in respect of whom a statement is given in accordance with these rules.
2
Where a doctor issues a statement to a patient in accordance with an obligation arising under a contract, agreement or arrangement under Part 4 of the National Health Service Act 2006 or Part 4 of the National Health Service (Wales) Act 2006 or Part 1 of the National Health Service (Scotland) Act 1978 the doctor’s statement shall be in a form set out at Part 2 of this Schedule and shall be signed by that doctor.
3
Where a doctor issues a statement in any case other than in accordance with rule 2, the doctor’s statement shall be in the form set out in Part 2 of this Schedule or in a form to like effect and shall be signed by the doctor attending the patient.
4
A doctor’s statement must be based on an assessment made by that doctor.
5
A doctor’s statement shall be completed in ink or other indelible substance and shall contain the following particulars —
a
the patient’s name;
b
the date of the assessment (whether by consultation or consideration of a report as the case may be) on which the doctor’s statement is based;
c
the condition in respect of which the doctor advises the patient they are not fit for work;
d
a statement, where the doctor considers it appropriate, that the patient may be fit for work;
e
a statement that the doctor will or, as the case may be will not, need to assess the patient’s fitness for work again;
f
the date on which the doctor’s statement is given;
g
the address of the doctor,
and shall bear, opposite the words “Doctor’s signature”, the signature in ink of the doctor making the statement.
6
Subject to rule 8, the condition in respect of which the doctor is advising the patient is not fit for work or, as the case may be, which has caused the patient’s absence from work shall be specified as precisely as the doctor’s knowledge of the patient’s condition at the time of the assessment permits.
7
Where a doctor considers that a patient may be fit for work the doctor shall state the reasons for that advice and where this is considered appropriate, the arrangements which the patient might make, with their employer’s agreement, to return to work.
8
The condition may be specified less precisely where, in the doctor’s opinion, disclosure of the precise condition would be prejudicial to the patient’s well-being, or to the patient’s position with their employer.
9
A doctor’s statement may be given on a date after the date of the assessment on which it is based, however no further statement shall be furnished in respect of that assessment other than a doctor’s statement by way of replacement of an original which has been lost, in which case it shall be clearly marked “duplicate”.
10
Where, in the doctor’s opinion, the patient will become fit for work on a day not later than 14 days after the date of the assessment on which the doctor’s statement is based, the doctor’s statement shall specify that day.
11
Subject to rules 12 and 13, the doctor’s statement shall specify the minimum period for which, in the doctor’s opinion, the patient will not be fit for work or, as the case may be, for which they may be fit for work.
12
The period specified shall begin on the date of the assessment on which the doctor’s statement is based and shall not exceed 3 months unless the patient has, on the advice of a doctor, refrained from work for at least 6 months immediately preceding that date.
13
Where —
a
the patient has been advised by a doctor that they are not fit for work and, in consequence, has refrained from work for at least 6 months immediately preceding the date of the assessment on which the doctor’s statement is based; and
b
in the doctor’s opinion, the patient will not be fit for work for the foreseeable future,
instead of specifying a period, the doctor may, having regard to the circumstances of the particular case, enter, after the words “case for”, the words “an indefinite period”.
PART 2 FORM OF DOCTOR’S STATEMENT
5
Schedule 1A is omitted.
Signed by authority of the Secretary of State for Work and Pensions.
William D. McKenzie
Parliamentary Under-Secretary of State,
Department for Work and Pensions
25th January 2010
The Commissioners for Her Majesty’s Revenue and Customs hereby concur.
Lesley Strathie
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
25th January 2010


text:
Citation commencement and application
1
1
This Order may be cited as the Town and Country Planning (General Development Procedure) (Amendment) (England) Order 2010 and shall come into force on 6th April 2010.
2
This Order applies in relation to England only.
Amendment of the Town and Country Planning (General Development Procedure) Order 1995
2
The Town and Country Planning (General Development Procedure) Order 1995 is amended in accordance with the following articles.
Amendments relating to local advertisements
3
1
In article 1 (citation, commencement and interpretation) omit the definition of “by local advertisement”.
2
In article 6 (notice of applications for planning permission) for “by local advertisement after the prescribed date” in each place where it occurs substitute “by publication of the notice after the prescribed date in a newspaper circulating in the locality in which the land to which the application relates is situated”.
Amendments relating to design and access statements
4
In article 4C (design and access statements) —
a
for paragraph (1) substitute —
1
This article applies to an application for planning permission which is not for —
a
permission to develop land without compliance with conditions previously attached, made pursuant to section 73 of the Act;
b
engineering or mining operations;
c
a material change in the use of land or buildings;
d
development of an existing dwellinghouse or flat, or development within the curtilage of such a dwellinghouse or flat for any purpose incidental to the enjoyment of the dwellinghouse or flat as such, where no part of that dwellinghouse, flat or curtilage is within a designated area;
e
the extension of an existing building used for non-domestic purposes where the floor space created by the development does not exceed 100 square metres and where no part of the building or the development is within a designated area;
f
the erection, construction, improvement or alteration of a gate, fence, wall or other means of enclosure where —
i
as a result of the development, the height of the gate, fence, wall or means of enclosure does not exceed its former height, or two metres above ground level, whichever is the greater; and
ii
it does not involve development within the curtilage of, or to a gate, fence, wall or other means of enclosure surrounding, a listed building;
and where no part of the development is within a designated area;
g
development on operational land consisting of the erection of a building where —
i
the cubic content of the development does not exceed 100 cubic metres; and
ii
as a result of the development, the height of the building does not exceed 15 metres above ground level, or its former height, whichever is the greater;
and where no part of the development is within a designated area;
h
the alteration of an existing building where the alteration does not increase the size of the building and where no part of the building is within a designated area;
i
the erection, alteration or replacement of plant or machinery where, as a result of the development, the height of the plant or machinery does not exceed 15 metres above ground level, or its former height, whichever is the greater, and where no part of the development is within a designated area; or
j
development that is the subject of an application referred to in article 10B(1)(b).
;
b
in paragraph 3(b) omit “and each of the aspects specified in sub-paragraph (a)”; and
c
for paragraph (5) substitute —
5
In this article —
“amount” means —
in relation to residential development, the number of proposed units for residential use; and
in relation to all other forms of development, the proposed floor space for each proposed use forming part of the development;
“context” means the physical, social, economic and policy context of the development;
“cubic content” means the cubic content of a building measured externally; and
“designated area” means —
a conservation area;
a World Heritage Site.
6
In this article, any reference to the height of a building or to plant or machinery shall be construed as a reference to its height when measured from ground level; and “ground level” means the level of the surface of the ground immediately adjacent to the building or plant or machinery in question or, where the level of the surface of the ground on which it is situated or to be situated is not uniform, the level of the highest part of the surface of the ground adjacent to it.
.
Amendments relating to publicity
5
1
In article 8 (publicity for applications for planning permission) —
a
in paragraphs (3) and (4) —
i
after “publicised” in each case insert “in accordance with the requirements in paragraph (6A) and”; and
ii
for sub-paragraph (b) in each case substitute —
b
by publication of the notice in a newspaper circulating in the locality in which the land to which the application relates is situated.
;
b
in paragraph (5) after “publicised” insert “in accordance with the requirements in paragraph (6A) and”; and
c
after paragraph (6) insert —
6A
The following information shall be published on a website maintained by the local planning authority —
a
the address or location of the proposed development;
b
a description of the proposed development;
c
the date by which any representations about the application must be made, which shall not be before the last day of the period of 14 days beginning with the date on which the information is published;
d
where and when the application may be inspected;
e
how representations may be made about the application; and
f
that, in the case of a householder application, in the event of an appeal that proceeds by way of the expedited procedure, any representations made about the application will be passed to the Secretary of State and there will be no opportunity to make further representations.
.
2
In article 19 (representations to be taken into account) —
a
in paragraph (1) after “where any notice of” insert “, or information about,”; and
b
for paragraph (1)(c) substitute —
c
published in a newspaper under article 6 or 8 or on a website under article 8, within the period of 14 days beginning with the date on which the notice or information was published,
.
3
In article 20 (time periods for decision) —
a
in paragraph (5) after “where any notice of” insert “, or information about,”; and
b
for paragraph (5)(c) substitute —
c
published in a newspaper under article 6 or 8 or on a website under article 8, within the period of 14 days beginning with the date on which the notice or information was published,
.
Amendments relating to appeals
6
In article 23 (appeals) —
a
for sub-paragraph (a) of paragraph (1) substitute —
a
serving on the Secretary of State, within —
i
the time limit specified in paragraph (2), (2A), (2B) or (2C), or
ii
such longer period as the Secretary of State may, at any time, allow,
a completed appeal form, obtained from the Secretary of State, together with such of the documents specified in paragraph (3) as are relevant to the appeal; and
;
b
for paragraph (2) substitute —
2
The time limit mentioned in paragraph (1) is, in the case of a householder appeal, other than a type A or a type B appeal, 12 weeks from the date of the notice of the decision or determination giving rise to the appeal.
2A
The time limit mentioned in paragraph (1) is, in the case of a type A appeal, 28 days from —
a
the date of the notice of the decision or determination giving rise to the appeal, or
b
the expiry of the specified period.
2B
The time limit mentioned in paragraph (1) is, in the case of a type B appeal, 28 days from the date on which the enforcement notice is served.
2C
In all other cases, the time limit mentioned in paragraph (1) is six months from —
a
the date of the notice of the decision or determination giving rise to the appeal;
b
in a case in which the authority have served a notice on the applicant in accordance with article 3(2) that they require further information, and the applicant has not provided the information, the date of service of that notice, or
c
in any other case, the expiry of the specified period.
; and
c
for paragraph (7) substitute —
7
In this article —
“householder appeal” means an appeal under section 78(1) of the Act in respect of a householder application, except an appeal against the grant of any planning permission, consent, agreement or approval which is granted subject to conditions;
“specified period” means the period specified in article 4F(5), article 20 or article 21, as the case may be;
“type A appeal” means an appeal under section 78(1) or 78(2) of the Act in respect of an application relating to land and development which are the same or substantially the same as the land and development in respect of which an enforcement notice —
has been served no earlier than two years before the application is made;
has been served before —
the date of the notice of the decision or determination giving rise to the appeal, or
the expiry of the specified period; and
is not withdrawn before the expiry of the period of 28 days from the date specified in sub-paragraph (b); and
“type B appeal” means an appeal under section 78(1) or 78(2) of the Act in respect of an application relating to land and development which are the same or substantially the same as the land and development in respect of which an enforcement notice —
is served on or after —
the date of the notice of the decision or determination giving rise to the appeal, or
the expiry of the specified period;
is served earlier than 28 days before the expiry of the time limit specified —
in paragraph (2) in the case of a householder appeal; or
in paragraph (2C) in any other case; and
is not withdrawn before the expiry of the period of 28 days from the date on which the enforcement notice is served.
.
Amendments relating to registers
7
In article 25 (register of applications) after paragraph (4) insert —
4A
The register kept by the local planning register authority shall also contain the following information in respect of every application made under article 4F relating to their area —
a
a copy (which may be photographic or in electronic form) of the application together with any accompanying plans and drawings;
b
the decision, if any, of the local planning authority in respect of the application, the date of such decision and the name of the local planning authority; and
c
the reference number, date and effect of any decision of the Secretary of State on an appeal in respect of the application.
.
Amendments to notices
8
1
In Part 1 of Schedule 1 (letter to be sent to applicant on receipt of application) —
a
after “six months” in the last paragraph insert “or, if the development in your application is the same or substantially the same as development that is currently the subject of an enforcement notice, 28 days”; and
b
after the paragraph beginning “then you can appeal”, insert “If an enforcement notice is served relating to the same or substantially the same development as in your application, then the time limit to appeal will expire 28 days after the enforcement notice is served – except that you will have a minimum of 28 days to appeal after the right of appeal begins, and the time limit will expire no later than it would if there were no enforcement notice.”.
2
In Part 2 of Schedule 1 (notification to be sent to applicant on refusal of planning permission or on the grant of permission subject to conditions), after the first bullet point insert —
As this is a decision on a planning application relating to the same or substantially the same land and development as is already the subject of an enforcement notice [reference], if you want to appeal against your local planning authority’s decision on your application, then you must do so within 28 days of the date of this notice. *
If an enforcement notice is served relating to the same or substantially the same land and development as in your application and if you want to appeal against your local planning authority’s decision on your application, then you must do so within:
28 days of the date of service of the enforcement notice, or within six months [12 weeks in the case of a householder appeal] of the date of this notice, whichever period expires earlier.*
.
Transitional provisions and savings
9
1
The amendments made by articles 4, 6, 7 and 8 do not apply in respect of any application for planning permission, consent, agreement or approval made before 6th April 2010.
2
The amendments made by article 5 do not apply in respect of any application for planning permission made before 1st October 2010.
Signed by authority of the Secretary of State for Communities and Local Government
Ian Austin
Parliamentary Under Secretary of State
Department for Communities and Local Government
3rd March 2010


text:
Citation and commencement
1
1
These Regulations may be cited as the Social Security (Contributions) (Amendment) Regulations 2010.
2
These Regulations shall come into force on 6th April 2010.
Amendments to the Social Security (Contributions) Regulations 2001
2
The Social Security (Contributions) Regulations 2001 are amended as follows.
3
Amend regulation 10 (earnings limits and thresholds) as follows —
a
for “2009” substitute “2010”; and
b
in paragraph (a) for “£95” substitute “£97”.
Tony Cunningham
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
17th March 2010


text:
1
This Order may be cited as the Northern Ireland Assembly Members Act 2010 (Commencement) Order 2010.
2
Sections 1 and 2 of the Northern Ireland Assembly Members Act 2010 shall come into force on the 5th July 2010.
Owen Paterson
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
2nd July 2010


text:
Citation and commencement
1
1
These Regulations may be cited as the Social Fund Winter Fuel Payment (Temporary Increase) Regulations 2010.
2
They come into force on 20th September 2010.
Modification of the Social Fund Winter Fuel Payment Regulations 2000
2
1
For the purpose of making social fund winter fuel payments in respect of the 2010–11 winter, regulation 2 of the Social Fund Winter Fuel Payment Regulations 2000 (social fund winter fuel payments) is applied as if —
a
the references to £100 (in both places) were to £125;
b
in paragraphs (1)(i), (2)(a) and (3), the reference to £200 were to £250;
c
in paragraph (2)(b), the reference to £200 were to £275;
d
in paragraph (2)(b), the reference to £150 were to £200; and
e
the references to £300 (in both places) were to £400.
2
In this regulation, “the 2010–11 winter” means the winter which follows the qualifying week beginning on 20th September 2010.
Revocation
3
The Social Fund Winter Fuel Payment (Temporary Increase) Regulations 2009 are revoked.
Signed by authority of the Secretary of State for Work and Pensions.
Angela Eagle
Minister of State,
Department for Work and Pensions
30th March 2010


text:
Citation and commencement
1
These Regulations may be cited as the Dartford-Thurrock Crossing (Amendment) Regulations 2010 and come into force on 12th July 2010.
Amendment of Regulations
2
1
The Dartford-Thurrock Crossing Regulations 1998 are amended as follows.
2
In regulation 5 (dangerous goods), for paragraph (1), substitute —
1
Subject to regulation 6, no person shall, except with the permission of the crossing operator, take or cause or permit to be taken into the tunnels any vehicle conveying any article or substance the name and description of which appears in column (2) of Table A unless the tunnel restriction code, shown in brackets in column (15) of Table A relating to that article or substance, is —
a
a “D”, “D/E”, “E” or “-”;
b
where carriage is other than by tank, a “B/D”, “B/E”, “C/D” or “C/E”; or
c
a “C5000D” where the total net explosive mass per transport unit does not exceed 5000kg.
3
After regulation 5(2) add —
3
In this regulation —
“Table A” means Table A of Chapter 3.2 of Part 3 of Annex A (general provisions and provisions concerning dangerous substances and articles) to the European Agreement Concerning the International Carriage of Dangerous Goods by Road applicable as from 1st January 2009 ;
“tank” and “transport unit” have the same meanings as in Chapter 1.2 of Part 1 of Annex A to that Agreement.
4
For regulation 6 substitute —
6
The prohibition in paragraph (1) of regulation 5 does not apply in the circumstances detailed in paragraph 1.1.3 (exemptions) of Chapter 1 of Part 1 of Annex A (general provisions and provisions concerning dangerous substances and articles) of the European Agreement Concerning the International Carriage of Dangerous Goods by Road applicable as from 1st January 2009.
Signed by authority of the Secretary of State
Mike Penning
Parliamentary Under Secretary of State
Department for Transport
7th June 2010


text:
Citation and commencement
1
This Order may be cited as the Air Navigation (Amendment) Order 2010 and comes into force on 14th April 2010.
Amendment of the Air Navigation Order 2009
2
The Air Navigation Order 2009 is amended as follows.
Requirements for aerodromes used for flying training and testing
3
1
In article 208(2), omit sub-paragraphs (c) and (d) and at the end of sub-paragraph (b) insert “or”.
2
For article 208(3) substitute —
3
Subject to paragraph (5), article 207 applies to any helicopter or gyroplane flying on a flight which is a scheduled journey for the purpose of the public transport of passengers.
3A
Subject to paragraph (5), article 207 applies to any helicopter or gyroplane of which the maximum total weight authorised is more than 3175kg flying on a flight —
a
for the purpose of instruction in flying given to any person for the purpose of becoming qualified for the grant of a pilot’s licence or the inclusion of an aircraft rating, a night rating or a night qualification in a licence; or
b
for the purpose of a flying test for the grant of a pilot’s licence or the inclusion of an aircraft rating, a night rating or a night qualification in a licence.
.
3
After article 208 insert —
Aerodromes – use for purposes of flying instruction and testing
208A
1
The operator of an aerodrome which is not a licensed aerodrome must not permit an aircraft flying or intended to fly for a purpose specified in paragraph (3) to take off from or land at the aerodrome unless satisfied on reasonable grounds that the aerodrome has adequate facilities for the safe conduct of such flights.
2
The commander of an aircraft must not take off from or land at an aerodrome which is not a licensed aerodrome on a flight for a purpose specified in paragraph (3) unless satisfied on reasonable grounds that the aerodrome has adequate facilities for the safe conduct of such flights.
3
A flight is for a purpose specified in this paragraph if it is for the purpose of —
a
instruction in flying given to any person for the purpose of becoming qualified for the grant of a pilot’s licence or the inclusion of an aircraft rating, a night rating or a night qualification in a licence; or
b
carrying out flying tests for the grant of a pilot’s licence or the inclusion of an aircraft rating, a night rating or a night qualification in a licence.
.
4
In Section 1 of Part B of Schedule 13, after the entry relating to article 207 insert —
208A(1) Aerodrome operator permitting flying training or testing at aerodrome without adequate facilities
208A(2) Commander conducting flying training or testing at aerodrome without adequate facilities.
Powers of aerodrome firefighters in an emergency
4
1
After article 214 insert —
Powers of aerodrome firefighters in an emergency
214A
1
A member of the Rescue and Fire Fighting Service at a licensed aerodrome may do anything on the aerodrome the member reasonably believes to be necessary —
a
if the member reasonably believes a fire to have broken out or to be about to break out, for the purpose of extinguishing or preventing the fire or protecting life or property;
b
if the member reasonably believes an aircraft accident or incident to have occurred, for the purpose of rescuing people or protecting them from serious harm; or
c
for the purpose of preventing or limiting damage to property resulting from any action taken as mentioned in sub-paragraph (a) or (b).
2
In particular, a member of the Rescue and Fire Fighting Service at a licensed aerodrome, when acting in accordance with paragraph (1), may on the aerodrome —
a
enter an aircraft, by force if necessary, without the consent of the owner or operator;
b
restrict the access of persons to an aircraft, premises or a place.
3
A person who without reasonable excuse obstructs or interferes with a member of the Rescue and Fire Fighting Service at a licensed aerodrome taking action authorised under this article commits an offence.
.
2
In Section 1 of Part A of Schedule 13 in the column headed “Article of Order” after “214” insert “214A(3)” and adjacent to that entry in the column headed “Subject Matter” insert “Obstruction of or interference with aerodrome firefighter”.
Definitions
5
1
In article 255(1), for the definition of “Self-propelled hang-glider” substitute —
‘Self-propelled hang-glider’ means an aircraft comprising an aerofoil wing and a mechanical propulsion device which —
is foot launched;
has a stall speed or minimum steady flight speed in the landing configuration not exceeding 35 knots calibrated airspeed; and
has a maximum unladen mass, including full fuel, of 70 kg ;
.
2
In article 255(1), for the definition of “State aircraft” substitute —
‘State aircraft’ means an aircraft carrying out military, customs, police, search and rescue, firefighting, coastguard or similar activities or services;
.
Other changes
6
1
In article 17(3)(b) —
a
for “Part 4” substitute “Part 1”; and
b
omit “entitled Mandatory Requirements for Airworthiness (a) ”.
2
In article 17(3)(c) —
a
for “Section 4” substitute “Section 2”; and
b
omit “entitled Mandatory Requirements for Airworthiness”.
3
At the end of article 17(3) insert —
4
In this article, “CAP 747” means the document entitled “Mandatory Requirements for Airworthiness” published by The Stationery Office on behalf of the CAA (First Edition Issue 3 dated 29th January 2010) .
.
4
In Schedule 3, for the heading “Part 1” substitute “Part A”, for the heading “Part 2” substitute “Part B” and for the heading “Part 3” substitute “Part C”.
5
In Schedule 4, in the Table at paragraph 4 —
a
sub-paragraph (c) of sub-paragraph (2) is renumbered (a);
b
sub-paragraph (d) of sub-paragraph (2) is renumbered (b);
c
the sub-paragraph immediately following sub-paragraph (9) is numbered (10);
d
sub-paragraph (10) is renumbered (11);
e
sub-paragraph (11) is renumbered (12);
f
the sub-paragraph numbered (2) immediately following sub-paragraph (11) is renumbered (13);
g
sub-paragraph (12) is renumbered (14);
h
sub-paragraph (13) is renumbered (15);
i
sub-paragraph (c) of sub-paragraph (13) is renumbered (a);
j
sub-paragraph (d) of sub-paragraph (13) is renumbered (b); and
k
sub-paragraph (14) is renumbered (16).
6
In Schedule 9, in paragraph 2(h) for “article 86(4)(c)” substitute “article 83(4)(c)”.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the National Health Service (Standing Advisory Committees) Amendment Order 2010 and shall come into force 1st April 2010.
Abolition of the Standing Dental Advisory Committee
2
The Standing Dental Advisory Committee is abolished.
Amendment of the National Health Service (Standing Advisory Committees) Order 1981
3
In the National Health Service (Standing Advisory Committees) 1981 Order , in Part I of the Schedule, omit the entry for the Standing Dental Advisory Committee in column (1), and the corresponding entry in column (2).
Signed by authority of the Secretary of State for Health
Ann Keen
Parliamentary Under-Secretary of State,
Department of Health
7th March 2010


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Cosmetic Products (Safety) (Amendment No. 2) Regulations 2010.
2
These Regulations come into force on 27th August 2010 except for regulation 2(3) , which comes into force on 1st December 2010.
3
In these Regulations “the Principal Regulations ” means the Cosmetic Products (Safety) Regulations 2008 .
Amendment to the Principal Regulations
2
1
The Principal Regulations are amended as follows.
2
For “preparation” and “preparations” wherever they appear in the following provisions substitute “mixture” and “mixtures” respectively —
a
the definitions of “cosmetic ingredient” and “cosmetic product” in regulation 3 (interpretation);
b
regulation 12(2)(b)(ii) (labelling requirements);
c
Schedule 3 (list of substances which must not form part of the composition of cosmetic products (unless otherwise specified));
d
Part 1 of Schedule 4 (list of substances which cosmetic products must not contain except subject to restrictions and conditions); and
e
Part 1 of Schedule 6 (list of preservatives which cosmetic products may contain).
3
For regulation 16(4) (information to be made publicly accessible) substitute —
4
For the purposes of paragraph (3), the quantitative information required under paragraph (1)(a) shall be limited to information relating to substances fulfilling the criteria for any of the following hazard classes or categories set out in Annex I to Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16th December 2008 on classification, labelling and packaging of substances and mixtures —
a
hazard classes 2.1 to 2.4, 2.6 and 2.7, 2.8 types A and B, 2.9, 2.10, 2.12, 2.13 categories 1 and 2, 2.14 categories 1 and 2, 2.15 types A to F;
b
hazard classes 3.1 to 3.6, 3.7 adverse effects on sexual function and fertility or on development, 3.8 effects other than narcotic effects, 3.9 and 3.10;
c
hazard class 4.1; and
d
hazard class 5.1.
.
4
In Schedule 2 at the end insert —
67
Directive 2008/112/ EC ( OJ No L 345, 23.12.2008, p 68)
Edward Davey
Minister for Employment Relations, Consumer and Postal Affairs
Department for Business, Innovation and Skills
25th July 2010


text:
PART 1 Introduction
Citation
1
These Regulations may be cited as the Mercury Export and Data (Enforcement) Regulations 2010.
Coming into force
2
The Regulations come into force on 8th March 2010 except for —
a
regulation 5(1)(a) and (b) and regulations 12 and 13(1)(a)(ii) and (b), which come into force on 15th March 2011; and
b
regulation 5(1)(c), which comes into force on 1st July 2012.
Interpretation
3
In these Regulations —
“authorised person” has the meaning given to it in regulation 11(4);
“competent authority” has the meaning given to it in regulation 4(2);
“ EU Regulation ” means Regulation (EC) No. 1102/2008 of the European Parliament and of the Council on the banning of exports of metallic mercury and certain mercury compounds and mixtures and the safe storage of metallic mercury ;
“customs official” means a general customs official designated under section 3(1) of the Borders, Citizenship and Immigration Act 2009 , or a customs revenue official designated under section 11(1) of that Act.
PART 2 Competent authority
The competent authority
4
1
The competent authority for the purpose of the EU Regulation is —
a
in England and Wales, the Environment Agency;
b
in Scotland, the Scottish Environment Protection Agency;
c
in Northern Ireland, the Department of the Environment; and
d
in relation to offshore installations, the Secretary of State.
2
In these Regulations, a body in paragraph (1) is a “competent authority”.
3
In paragraph (1)(d), “offshore installation” means an installation or structure, other than a ship, which is situated in the marine area, used for carrying on one of the following activities —
a
the exploitation or exploration of mineral resources in the marine area;
b
the exploration of any place in the marine area with a view to the storage of gas;
c
the conversion of any place in the marine area for the purpose of storing gas;
d
the storage of gas in the marine area or the recovery of gas so stored;
e
the unloading of gas at any place in the marine area;
f
the conveyance of things by means of a pipe, or system of pipes, constructed or placed in the marine area;
g
the provision of accommodation for persons who work on or from an installation which is or has been maintained, or is intended to be established, for the carrying on of an activity within sub-paragraphs (a) to (f) or this sub-paragraph.
4
In paragraph (3) —
a
“gas” means —
i
gas within the meaning of section 2(4) of the Energy Act 2008 ;
ii
carbon dioxide;
b
“installation” includes an installation within the meaning of section 16 of the Energy Act 2008;
c
“marine area” means the area (together with the places above and below it) comprising —
i
tidal waters and parts of the sea in or adjacent to the United Kingdom from the low water mark to the landward baseline of the United Kingdom territorial sea;
ii
the United Kingdom territorial sea;
iii
the area designated by an Order in Council under section 1(7) of the Continental Shelf Act 1964 ;
d
“ship” includes a hovercraft, submersible craft and any other floating craft but not a vessel which —
i
permanently rests on or is permanently attached to the seabed; or
ii
is an installation within section 16 of the Energy Act 2008; and
e
references (in whatever form) to storing gas include storing gas with a view to its permanent disposal.
PART 3 Offences and penalties
Offences in respect of the EU Regulation
5
1
It is an offence to contravene or fail to comply with any requirement of the following Articles of the EU Regulation —
a
Article 1(1) (prohibition on export of mercury from the EU not excepted by Article 1(2) (exports of mercury compounds for research and development, medical or analysis purposes));
b
Article 1(3) (prohibition on mixing of mercury with other substances for the sole purpose of export);
c
Article 5(3) (obligation on importers, exporters and operators to provide data); or
d
Article 6 (obligation on chlor-alkali industry and operators to provide data), in respect of the obligation to provide data by 31st May in any year.
2
An offence will not be committed under —
a
paragraph (1)(b) if, in respect of the prohibition on mixing in Article 1(3), an offence is committed in respect of a relevant hazardous waste offence; or
b
paragraph (1)(c) or (d) if, in respect of the obligation in Article 5(3) or 6, a relevant permitting or licence offence is committed.
3
In paragraph (2)(a), “relevant hazardous waste offence” means —
a
in England, an offence under regulation 65(a) of the Hazardous Waste (England and Wales) Regulations 2005 in respect of a breach of regulation 19 of those Regulations;
b
in Wales, an offence under regulation 65(a) of the Hazardous Waste (Wales) Regulations 2005 in respect of a breach of regulation 19 of those Regulations;
c
in Scotland, an offence under regulation 18 of the Special Waste Regulations 1996 in respect of a breach of regulation 17 of those Regulations;
d
in Northern Ireland, an offence under regulation 43(1) of the Hazardous Waste Regulations (Northern Ireland) 2005 in respect of a breach of regulation 19 of those Regulations.
4
In paragraph (2)(b), “relevant permitting or licence offence” means —
a
in England and Wales, an offence under any of the following paragraphs of regulation 38 of the Environmental Permitting (England and Wales) Regulations 2007 —
i
paragraph (1)(b);
ii
paragraph (1)(e);
iii
paragraph (1)(f);
iv
paragraph (1)(g);
b
in Scotland, an offence under —
i
any of the following provisions of the Environmental Protection Act 1990 —
aa
section 33(6) ;
bb
section 35(7B) ;
cc
section 44(1) ;
dd
section 44(2) ;
ii
any of the following paragraphs of regulation 30 of the Pollution Prevention and Control (Scotland) Regulations 2000 —
aa
paragraph (1)(b);
bb
paragraph (1)(f);
cc
paragraph (1)(g);
dd
paragraph (1)(h);
c
in Northern Ireland, an offence under —
i
any of the following provisions of the Waste and Contaminated Land (Northern Ireland) Order 1997 —
aa
article 4(6);
bb
article 6(7)(a) or (b);
cc
article 18(1);
dd
article 18(2);
ii
any of the following paragraphs of regulation 33 of the Pollution Prevention and Control Regulations (Northern Ireland) 2003 —
aa
paragraph (1)(b);
bb
paragraph (1)(h);
cc
paragraph (1)(i);
dd
paragraph (1)(j).
Offence of obstruction
6
A person is guilty of an offence if that person, in relation to an authorised person acting under these Regulations —
a
intentionally obstructs an authorised person;
b
without reasonable cause, fails to give to an authorised person any information or assistance or to provide any facilities that such person may reasonably require;
c
knowingly or recklessly gives false or misleading information to an authorised person; or
d
fails to produce a record when required to do so by an authorised person.
Corporate, partnership and unincorporated association offences
7
1
If an offence under these Regulations committed by a body corporate is shown —
a
to have been committed with the consent or connivance of an officer; or
b
to be attributable to any neglect on the officer’s part,
the officer as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.
2
If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts or defaults of a member in connection with that member’s functions of management as if the member were an officer of the body corporate.
3
If an offence committed by a partnership or Scottish partnership is shown —
a
to have been committed with the consent or connivance of a partner; or
b
to be attributable to any neglect on a partner’s part,
the partner as well as the partnership is guilty of the offence and is liable to be proceeded against and punished accordingly.
4
Where an offence committed by an unincorporated association, other than a partnership, is shown —
a
to have been committed with the consent or connivance of an officer of the association or a member of its governing body; or
b
to be attributable to any neglect on the part of such an officer or member,
the officer or member as well as the association is guilty of the offence and is liable to be proceeded against and punished accordingly.
5
In this regulation —
a
“officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in such capacity and in relation to an unincorporated association means a manager; and
b
“partner” includes a person purporting to act as a partner.
6
Proceedings for an offence under these Regulations alleged to have been committed by a partnership or an unincorporated association may be brought against the partnership or association in the name of the partnership or association.
7
For the purpose of proceedings in paragraph (6) —
a
rules of court relating to the service of documents have effect as if the partnership or unincorporated association were a body corporate; and
b
the following provisions apply as they apply in relation to a body corporate —
i
section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980 ;
ii
section 70 of the Criminal Procedure (Scotland) Act 1995 ; or
iii
section 18 of the Criminal Justice Act (Northern Ireland) 1945 and Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981 .
8
A fine imposed on a partnership or unincorporated association on its conviction of an offence under these Regulations is to be paid out of the funds of the partnership or association.
Amendment of Transfrontier Shipment of Waste Regulations
8
After regulation 25 (miscellaneous prohibitions on export of waste) of the Transfrontier Shipment of Waste Regulations 2007 insert —
Disapplication of offences
25A
Where an offence is committed under —
a
regulation 5(1)(a) of the Mercury Export and Data Regulations 2010, an offence will not be committed under regulations 21 to 23, 24 or 25; or
b
regulation 5(1)(b) of those Regulations, an offence will not be committed under regulation 25.
.
Penalties
9
A person guilty of an offence under these Regulations is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months, or both; or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or both.
PART 4 Enforcement
Enforcement authority
10
1
These Regulations are enforced by the competent authority.
2
Nothing in these Regulations authorises a competent authority to bring proceedings in Scotland for an offence.
Authorised person
11
1
A competent authority may authorise in writing such persons as they consider appropriate to act for the purpose of enforcing these Regulations.
2
In England, Scotland and Wales an authorisation under section 108 of the Environment Act 1995 (powers of enforcing authorities and persons authorised by them) is an authorisation for the purposes of these Regulations.
3
In Northern Ireland, an authorisation under article 72 (powers of enforcing authorities and persons authorised by them) of the Waste and Contaminated Land (Northern Ireland) Order 1997 is an authorisation for the purposes of these Regulations.
4
In these Regulations, a person authorised under paragraph (1) is an “authorised person”.
Power to seize and detain
12
1
A customs official may seize and detain —
a
any material that is exported in contravention of Article 1(1) of the EU Regulation from the United Kingdom; or
b
any material that is to be mixed or has been mixed for the sole purpose of export in contravention of Article 1(3) of the EU Regulation,
if requested to do so by a competent authority or an authorised person.
2
Anything seized and detained under paragraph (1) may be detained for no longer than 5 working days and must be dealt with during the period of its detention in such manner as the Secretary of State may direct under section 5 of the Borders, Citizenship and Immigration Act 2009 .
3
In this regulation, “working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.
Power to share information for enforcement purposes
13
1
Information sent to a competent authority in compliance or purported compliance with the obligations of the EU Regulation, or acquired by a competent authority as a result of enforcing these Regulations, may be shared —
a
by a competent authority or an authorised person with —
i
a competent authority;
ii
a customs official; or
b
by a customs official with a competent authority or authorised person,
for the purpose of enforcing the EU Regulation.
2
Information shared as a result of paragraph (1) must only be used for the purposes of enforcing these Regulations.
Dan Norris
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
4th February 2010


text:
Citation
1
This Order may be cited as the Finance Act 2010, Schedule 17 (Appointed Day) Order 2010.
Appointed day
2
The day appointed as the day on which the amendments made by Schedule 17 to the Finance Act 2010 come into force is 1st January 2011.
Angela Watkinson
Brooks Newmark
Two of the Lords Commissioners of Her Majesty’s Treasury
20th December 2010


text:
PART 1 General
Citation, commencement and application
1
1
These Regulations may be cited as the Iran (European Union Financial Sanctions) Regulations 2010, and shall come into force on 11 th December 2010.
2
An offence under these Regulations may be committed by conduct wholly or partly outside the United Kingdom by —
a
a UK national, or
b
a body incorporated or constituted under the law of any part of the United Kingdom.
3
In paragraph (2) —
“conduct” includes acts and omissions;
“UK national” means —
a British citizen,
a British overseas territories citizen who acquired their citizenship from a connection with Gibraltar, or
a person who under the British Nationality Act 1981 is a British subject and who has the right of abode in the United Kingdom.
Interpretation
2
1
In these Regulations —
“the 2000 Act ” means the Financial Services and Markets Act 2000 ;
“the Council Regulation ” means Council Regulation (EU) No 961/2010 of 25th October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007 , and any reference to an Annex to that Regulation is to be construed as a reference to that Annex as amended from time to time;
“designated person” means a person, entity or body listed in Annex VII or Annex VIII to the Council Regulation;
“document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include producing a copy of the information in legible form;
“relevant institution” means —
a person who has permission under Part 4 of the 2000 Act (permission to carry on regulated activities) ;
an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to the 2000 Act (EEA passport rights) which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule ) to accept deposits; or
an undertaking which by way of business operates a currency exchange office, transmits money (or any representations of monetary value) by any means or cashes cheques which are made payable to customers.
2
The definition of “relevant institution” in paragraph (1) must be read with —
a
section 22 of the 2000 Act (the classes of activity and categories of investment),
b
any relevant order under that section , and
c
Schedule 2 to that Act (regulated activities).
3
Any expression used both in these Regulations and in the Council Regulation has the meaning that it bears in the Council Regulation.
PART 2 Funds and Economic Resources
Freezing of funds and economic resources
3
1
A person (“P”) must not deal with funds or economic resources belonging to, or owned, held or controlled by, a designated person if P knows, or has reasonable cause to suspect, that P is dealing with such funds or economic resources.
2
In paragraph (1) “deal with” means —
a
in relation to funds —
i
use, alter, move, allow access to or transfer;
ii
deal with the funds in any other way that would result in any change in volume, amount, location, ownership, possession, character or destination; or
iii
make any other change that would enable use, including portfolio management; and
b
in relation to economic resources, exchange or use in exchange for funds, goods or services.
3
Paragraph (1) is subject to regulations 8 and 9.
4
A person who contravenes the prohibition in paragraph (1) commits an offence.
Making funds available to a designated person
4
1
A person (“P”) must not make funds available, directly or indirectly, to a designated person if P knows, or has reasonable cause to suspect, that P is making the funds so available.
2
Paragraph (1) is subject to regulations 8 and 9.
3
A person who contravenes the prohibition in paragraph (1) commits an offence.
Making funds available for the benefit of a designated person
5
1
A person (“P”) must not make funds available to any person for the benefit of a designated person if P knows, or has reasonable cause to suspect, that P is making funds so available.
2
For the purposes of this regulation —
a
funds are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit, and
b
“financial benefit” includes the discharge of a financial obligation for which the designated person is wholly or partly responsible.
3
Paragraph (1) is subject to regulations 8 and 9.
4
A person who contravenes the prohibition in paragraph (1) commits an offence.
Making economic resources available to a designated person
6
1
A person (“P”) must not make economic resources available, directly or indirectly, to a designated person if P knows, or has reasonable cause to suspect —
a
that P is making the economic resources so available, and
b
that the designated person would be likely to exchange the economic resources, or use them in exchange, for funds, goods or services.
2
Paragraph (1) is subject to regulation 9.
3
A person who contravenes the prohibition in paragraph (1) commits an offence.
Making economic resources available for the benefit of a designated person
7
1
A person (“P”) must not make economic resources available to any person for the benefit of a designated person if P knows, or has reasonable cause to suspect, that P is making the economic resources so available.
2
For the purposes of this regulation —
a
economic resources are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit, and
b
“financial benefit” includes the discharge of a financial obligation for which the designated person is wholly or partly responsible.
3
Paragraph (1) is subject to regulation 9.
4
A person who contravenes the prohibition in paragraph (1) commits an offence.
Credits to a frozen account
8
1
The prohibitions in regulations 3 to 5 are not contravened by a relevant institution crediting a frozen account with —
a
interest or other earnings due on the account, or
b
payments due under contracts, agreements or obligations that were concluded or arose before the account became a frozen account.
2
The prohibitions in regulations 4 and 5 on making funds available do not prevent a relevant institution from crediting a frozen account where it receives funds transferred to the account.
3
A relevant institution must inform the Treasury without delay if it credits a frozen account in accordance with paragraph (1)(b) or (2).
4
In this regulation “frozen account” means an account with a relevant institution which is held or controlled (directly or indirectly) by a designated person.
Licences
9
1
The prohibitions in regulations 3 to 7 do not apply to anything done under the authority of a licence granted by the Treasury.
2
A licence must specify the acts authorised by it and may be —
a
general or granted to a category of persons or to a particular person;
b
subject to conditions;
c
of indefinite duration or subject to an expiry date.
3
The Treasury may vary or revoke a licence at any time.
4
On the grant, variation or revocation of a licence, the Treasury must —
a
in the case of a licence granted to a particular person, give written notice of the grant, variation or revocation to that person,
b
in the case of a general licence or a licence granted to a category of persons, take such steps as the Treasury consider appropriate to publicise the grant, variation or revocation of the licence.
5
A person commits an offence who, for the purpose of obtaining a licence, knowingly or recklessly —
a
provides information that is false in a material respect, or
b
provides or produces a document that is not what it purports to be.
6
A person who purports to act under the authority of a licence but who fails to comply with any conditions included in the licence commits an offence.
PART 3 Restrictions on Transfers of Funds and on Financial Services
Transfers of funds
10
1
Subject to paragraph (2), a transfer of funds to or from an Iranian person, entity or body —
a
which is due on a transaction regarding foodstuffs, healthcare, medical equipment or for humanitarian purposes, and is of more than 10,000 euro, must have been notified in advance in writing to the relevant competent authority,
b
which is due on a transaction other than one referred to in sub-paragraph (a) —
i
if it is of more than 10,000 euro but less than 40,000 euro, must be notified in advance in writing to the relevant competent authority, and
ii
if it is of 40,000 euro or more, must have received prior authorisation from the relevant competent authority.
2
Paragraph (1) does not apply where —
a
amounts are credited to a frozen account in accordance with regulation 8 (or, in another Member State, Article 20 of the Council Regulation), or
b
an authorisation for the transfer has been granted —
i
by a competent authority in accordance with Article 13 of the Council Regulation, or
ii
by the Treasury under regulation 9, or by a competent authority of another Member State in accordance with Article 17, 18 or 19 of the Council Regulation.
3
A person (“P”) who carries out a transfer of funds to, or receives a transfer of funds from, an Iranian person, entity or body other than in accordance with paragraph (1) commits an offence if P knows or has reasonable cause to suspect that the transfer of funds is to or from such a person.
4
For the purposes of this regulation and regulation 11, “the relevant competent authority” is —
a
in the case of a transfer of funds to an Iranian person, entity or body, the competent authority of the Member State in which the initial order to execute the transfer is given,
b
in the case of a transfer of funds from an Iranian person, entity or body, the competent authority of the Member State in which —
i
the payee is resident, or
ii
the payment service provider is established.
5
In this regulation —
a
a reference to an amount in euro includes a reference to the equivalent amount in another currency, and
b
a reference to a transfer of funds of a particular amount includes a transfer executed in several operations which appear to be linked, as well as a transfer executed in a single operation.
Notifications and authorisations
11
1
A notification or request for authorisation for the purposes of regulation 10 must be made to the relevant competent authority —
a
in the case of a transfer of funds to an Iranian person, entity or body, by or on behalf of the payment service provider of the payer,
b
in the case of a transfer of funds from an Iranian person, entity or body, by or on behalf of the payment service provider of the payee.
2
If the payment service provider of the payer or the payee does not fall within the category of persons to whom the Council Regulation applies (by virtue of Article 39 of the Regulation), the notification or request for authorisation must be made by the payer or payee to the competent authority of the Member State in which the payer or payee is resident.
3
The relevant competent authority shall be deemed to have given authorisation for the purposes of regulation 10 if, after the period of 28 days beginning with the day upon which the authority received a request for authorisation, the authority has not objected in writing to the transfer.
4
An authorisation granted by the Treasury may be —
a
general or granted to a category of persons or to a particular person;
b
subject to conditions;
c
of indefinite duration or subject to an expiry date.
5
The Treasury may vary or revoke an authorisation at any time.
6
On the grant, variation or revocation of an authorisation, the Treasury must —
a
in the case of an authorisation granted to a particular person, give written notice of the grant, variation or revocation to that person,
b
in the case of a general authorisation or an authorisation granted to a category of persons, take such steps as the Treasury consider appropriate to publicise the grant, variation or revocation of the authorisation.
7
A person commits an offence who, for the purpose of making a notification or obtaining an authorisation, knowingly or recklessly —
a
provides information that is false in a material respect, or
b
provides or produces a document that is not what it purports to be.
8
A person who purports to act under an authorisation granted by the Treasury but who fails to comply with any conditions included in the authorisation commits an offence.
Branches and subsidiaries of Iranian credit and financial institutions
12
1
A branch or subsidiary established within the UK of a credit or financial institution domiciled in Iran must notify the Treasury in writing of all transfers of funds carried out or received by the branch or subsidiary.
2
A notification under paragraph (1) must —
a
specify the names of the parties to the transaction, the amount of funds transferred, and the date of the transaction;
b
include the following information where it is available to the branch or subsidiary —
i
the nature of the transaction;
ii
the nature of any goods which are the subject of the transaction;
iii
whether those goods are subject to Annex I, II , III , IV or VI of the Council Regulation;
iv
where the export of goods is subject to authorisation, the number of the licence granted; and
c
be made within five working days after the day on which the transfer of funds is carried out or received by the branch or subsidiary.
3
A person who fails to comply with paragraph (1) commits an offence.
4
A person commits an offence who, for the purpose of making a notification under paragraph (1), knowingly or recklessly —
a
provides information that is false in a material respect, or
b
provides or produces a document that is not what it purports to be.
Credit and financial institutions: accounts and correspondent banking relationships
13
1
A credit or financial institution must not —
a
open a new bank account,
b
establish a new correspondent banking relationship, or
c
establish a new joint venture,
with a person falling within paragraph (2).
2
The following persons fall within this paragraph —
a
a credit or financial institution domiciled in Iran, including the Central Bank of Iran;
b
a branch or subsidiary, wherever located, of a credit or financial institution domiciled in Iran;
c
a credit or financial institution that is not domiciled in Iran but is controlled by a person or entity domiciled in Iran.
3
A credit or financial institution which —
a
contravenes a prohibition in paragraph (1), and
b
knows or has reasonable cause to suspect that the account, relationship or venture is with a person falling within paragraph (2),
commits an offence.
4
A credit or financial institution must not —
a
open a new representative office in Iran, or
b
establish a new branch or subsidiary in Iran.
5
A credit or financial institution which contravenes a prohibition in paragraph (4) commits an offence.
Agreements
14
1
A person (“P”) must not conclude an agreement for, or on behalf of, a person falling within regulation 13(2) which relates to the opening of a representative office or the establishment of a branch or subsidiary in the European Union if P knows or has reasonable cause to suspect that the agreement is for, or on behalf of, such a person.
2
A person who contravenes the prohibition in paragraph (1) commits an offence.
Acquisition or extension of ownership interest
15
1
A person falling within regulation 13(2) must not acquire or extend a participation, or acquire any other ownership interest, in a credit or financial institution.
2
A person who contravenes the prohibition in paragraph (1) commits an offence.
Sale or purchase of bonds
16
1
A person (“P”) must not sell or purchase public or public-guaranteed bonds issued after 26th July 2010, directly or indirectly, to or from a person, entity or body falling within paragraph (4) if P knows or has reasonable cause to suspect that the sale or purchase is to or from such a person, entity or body.
2
A person (“P”) must not provide brokering services with respect to public or public-guaranteed bonds issued after 26th July 2010 to a person, entity or body falling within paragraph (4) if P knows or has reasonable cause to believe that the services are being provided to such a person, entity or body.
3
A person (“P”) must not assist a person, entity or body falling within paragraph (4) to issue public or public-guaranteed bonds, by providing —
a
brokering services;
b
advertising; or
c
any other service with respect to such bonds,
if P knows or has reasonable cause to suspect that P is assisting such a person, entity or body.
4
The following persons, entities and bodies fall within this paragraph —
a
Iran or its Government, and its public bodies, corporations and agencies;
b
a credit or financial institution domiciled in Iran, including the Central Bank of Iran;
c
a branch or subsidiary, wherever located, of a credit or financial institution domiciled in Iran;
d
a credit or financial institution that is not domiciled in Iran but is controlled by a person or entity domiciled in Iran;
e
a person, entity or body acting on behalf of or at the direction of a legal person, entity or body falling within sub-paragraphs (a) to (d);
f
a legal person, entity or body owned or controlled by a person, entity or body falling within sub-paragraphs (a) to (e).
5
A person who contravenes a prohibition in paragraph (1), (2) or (3) commits an offence.
Insurance and reinsurance
17
1
A person (“P”) must not provide insurance or re-insurance to —
a
Iran or its Government, and its public bodies, corporations and agencies;
b
any other Iranian legal person, entity or body; or
c
a person, entity or body acting on behalf of or at the direction of a person, entity or body referred to in sub-paragraph (a) or (b),
if P knows or has reasonable cause to suspect that the insurance or reinsurance is being provided to such a person, entity or body.
2
The prohibition in paragraph (1) does not apply to the provision of compulsory or third party insurance to Iranian persons, entities or bodies based in the European Union.
3
The prohibition in paragraph (1)(c) does not apply to the provision of —
a
insurance, including health and travel insurance, to individuals (other than designated persons) acting in their private capacity, or
b
re-insurance relating to insurance falling within sub-paragraph (a).
4
The prohibition in paragraph (1)(c) does not prevent the provision of insurance or re-insurance to the owner of a vessel, aircraft or vehicle which is chartered by a person, entity or body referred to in paragraph (1)(a) or (b), provided that the person, entity or body to which it is chartered is not a designated person.
5
For the purposes of paragraph (1)(c), a person, entity or body does not act at the direction of a person, entity or body referred to in paragraph (1)(a) or (b) where the direction is for the purposes of docking, loading, unloading or safe transit of a vessel or aircraft temporarily in Iranian waters or airspace.
6
The prohibition in paragraph (1) applies to the extension or renewal of an insurance or re-insurance agreement concluded before 27th October 2010, but, subject to regulations 4 to 7, does not apply to compliance with an insurance or reinsurance agreement concluded before that date.
7
A person who contravenes the prohibition in paragraph (1) commits an offence.
PART 4 Offences
Circumventing provisions etc.
18
A person commits an offence who intentionally participates in activities knowing that the object or effect of them is (whether directly or indirectly) —
a
to circumvent any of the prohibitions in regulations 3 to 7, 10 and 12 to 17, or
b
to enable or facilitate the contravention of any such prohibition.
Officers of a body corporate etc.
19
1
Where an offence under these Regulations committed by a body corporate —
a
is committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, or
b
is attributable to any neglect on the part of any such person,
that person as well as the body corporate is guilty of the offence and is 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
Paragraph (1) also applies in relation to a body that is not a body corporate, with the substitution for the reference to a director of the body of a reference —
a
in the case of a partnership, to a partner;
b
in the case of an unincorporated body other than a partnership —
i
where the body’s affairs are managed by its members, to a member of the body;
ii
in any other case, to a member of the governing body.
Penalties
20
1
A person guilty of an offence under any of regulations 3 to 7 and 9 to 18 is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or to both.
2
A person guilty of an offence under paragraph 1(5) or paragraph 4(1) of the Schedule is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both.
Proceedings
21
1
Proceedings against any person for an offence may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
2
In England and Wales an information relating to an offence that is triable by a magistrates’ court may be so tried if it is laid —
a
at any time within three years after the commission of the offence, and
b
within twelve months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the knowledge of the prosecutor.
3
In Scotland —
a
summary proceedings for an offence may be commenced —
i
before the end of twelve months from the date on which evidence sufficient in the Lord Advocate’s opinion to justify the proceedings came to the Lord Advocate’s knowledge, and
ii
not later than three years after the commission of the offence, and
b
section 136(3) of the Criminal Procedures (Scotland) Act 1995 (time limit for certain offences) applies for the purposes of this paragraph as it applies for the purposes of that section.
4
In Northern Ireland summary proceedings for an offence may be instituted —
a
at any time within three years after the commission of the offence, and
b
within twelve months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the knowledge of the prosecutor.
5
For the purposes of this regulation a certificate of the prosecutor (or, in Scotland, the Lord Advocate) as to the date on which such evidence as is referred to above came to their notice is conclusive evidence.
Consent to prosecution
22
1
Proceedings for an offence under these Regulations (other than for a summary offence) may not be instituted —
a
in England and Wales, except by or with the consent of the Attorney General,
b
in Northern Ireland, except by or with the consent of the Advocate General for Northern Ireland.
2
Nothing in paragraph (1) prevents —
a
the arrest of a person in respect of an offence under these Regulations, or
b
the remand in custody or on bail of any person charged with such an offence.
PART 5 Miscellaneous
Information provisions
23
The Schedule (which contains provisions concerning information gathering and disclosure) has effect.
Notices
24
1
This regulation has effect in relation to any notice to be given to a person by the Treasury under regulation 9 or 11.
2
Any such notice may be given —
a
by posting it to the person’s last known address, or
b
where the person is a body corporate, partnership or unincorporated body other than a partnership, by posting it to the registered or principal office of the body or partnership concerned.
3
Where the Treasury do not have an address for the person, they must make arrangements for the notice to be given to the person at the first available opportunity.
The Crown
25
1
These Regulations bind the Crown.
2
No contravention by the Crown of a provision of these Regulations makes the Crown criminally liable.
3
The High Court or, in Scotland, the Court of Session may, on the application of a person appearing to the court to have an interest, declare unlawful any act or omission of the Crown that constitutes a contravention of a provision of these Regulations.
4
Nothing in this regulation affects Her Majesty in her private capacity.
5
Paragraph (4) is to be read as if section 38(3) of the Crown Proceedings Act 1947 (meaning of Her Majesty in her private capacity) were contained in these Regulations.
Amendment
26
In section 63(1) of the Counter-Terrorism Act 2008 (application to set aside financial restrictions decision) , after paragraph (aa) insert —
ab
the Iran (European Union Financial Sanctions) Regulations 2010 ( S.I. 2010/2937 ),
.
Revocations
27
The following instruments are revoked —
a
the Iran (European Community Financial Sanctions) Regulations 2007 , and
b
the Iran (European Community Financial Sanctions) (Amendment) Regulations 2010 .
Saving
28
Any licence which was granted by the Treasury under regulation 10 of the Iran (European Community Financial Sanctions) Regulations 2007 and was in effect immediately before the coming into force of these Regulations shall have effect as if it were a licence granted by the Treasury under regulation 9 of these Regulations.
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
9th December 2010


text:
PART 1 Introductory
Citation, commencement and interpretation
1
1
This Order may be cited as the General Pharmaceutical Council (Transfer of Property, Rights and Liabilities, Fees and Grants) Order of Council 2010 and comes into force on 27th September 2010.
2
In this Order —
“ the Order ” means the Pharmacy Order 2010;
“regulatory activity”, in relation to the Society, means any activity undertaken by the Society in respect of its statutory functions under the 2007 Order, Parts 3 and 4 of the Medicines Act 1968 , the Poisons Act 1972 and the Poisons Rules or under the provisions of any other enactment which confers a regulatory function on the Society;
“relevant staff” means individuals who are employed or engaged by the Society in connection with its regulatory activity immediately before the transfer date;
“relevant UK regulatory body” means —
a regulatory body within the meaning of article 3(1) of the Order;
Her Majesty’s Inspector of Prisons;
the Medicines and Healthcare Products Regulatory Agency; and
the NHS Counter Fraud and Security Management Division of the NHS Business Services Authority; and
“the transfer date” is 27th September 2010 being the date on which the regulatory activity of the Society is to be transferred to the Council under the Order.
Transfer of property, rights and liabilities
2
1
Subject to article 3, the property, rights and liabilities of the Society specified in Schedule 1 are to be transferred, on the transfer date, to the Council.
2
The rights and liabilities referred to in paragraph (1) include the rights and liabilities relating to any relevant staff whose names are contained in the list compiled by the Society and certified by the Privy Council of staff whose employment with the Society is to transfer to the Council on the transfer date.
3
The liabilities referred to in paragraph (2) comprise —
a
all salaries, wages and emoluments;
b
all statutory contributions;
c
all income tax deductible under PAYE ;
d
all employer’s contributions; and
e
any other employment costs.
Liabilities not transferring
3
The following liabilities of the Society do not transfer to the Council on the transfer date —
a
any liability in tort in respect of any claim for damages for death or personal injury caused or alleged to have been caused before the transfer date;
b
any liability in respect of which the Secretary of State has given an indemnity to the Council; and
c
any liability arising in respect of the Royal Pharmaceutical Society of Great Britain Staff Pension Scheme.
Fees
4
The amount of money which is to be transferred from the Society to the Council on the transfer date in respect of a proportion of the regulatory fees collected by the Society in respect of persons entered in the 2007 registers and registered pharmacies entered in the premises register for the year 2010 is £4,130,000.00.
Grants
5
Schedule 2 makes provision in respect of the amount of money which is to be transferred from the Society to the Council on the transfer date in respect of the remainder of the grants specified in that Schedule which have been made by the Department of Health to the Society in connection with the establishment of the Council.
Supplementary provisions
6
1
Anything done by or in relation to the Society for the purposes of, or otherwise in connection with the property, rights or liabilities transferred under this Order is to have effect as if done by or in relation to the Council.
2
Anything (which may include legal proceedings) which, when this Order takes effect, is in the process of being done by or in relation to the Society in connection with any of the property, rights or liabilities transferred under this Order is to have effect as if done by or in relation to, and may be continued by or in relation to, the Council.
3
Any reference to the Society in any agreement (whether written or not), instrument or other document in connection with any property, rights or liabilities transferred under this Order, is to be treated as a reference to the Council.
4
No right to terminate or vary a contract, arrangement or instrument is to operate or become exercisable, and no provision of any contract, arrangement or instrument is to operate or become exercisable or be contravened, by reason of any transfer under or other operation of this Order.
5
The transfers provided for by this Order are to be made —
a
irrespective of any requirement for consent that would otherwise apply (whether arising under any enactment, instrument, agreement or otherwise); and
b
whether or not they would otherwise be capable of being transferred.
6
A certificate given by the Clerk of the Privy Council issued, following consultation with the Society and with the Council, as to the effect of this Order is to be conclusive for all purposes.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as The National Employment Savings Trust (Consequential Provisions) Order 2010 and shall come into force on 5th July 2010.
Amendment of the Occupational Pension Schemes (Fraud Compensation Payments and Miscellaneous Amendments) Regulations 2005
2
1
In regulation 2(1) of the Occupational Pension Schemes (Fraud Compensation Payments and Miscellaneous Amendments) Regulations 2005 —
a
after sub-paragraph (j), omit “or”; and
b
after sub-paragraph (k), add —
or (ka) a pension scheme established under section 67 of the Pensions Act 2008.
.
2
In regulation 2(2) of those Regulations, for “(k)” substitute “(ka)”.
Amendment of the Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 2006
3
In regulation 2 of the Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 2006 , after paragraph (q), add —
r
is established under section 67 of the Pensions Act 2008.
.
Signed by authority of the Secretary of State for Work and Pensions.
Angela Eagle
Minister of State,
Department for Work and Pensions
5th January 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hertfordshire Community National Health Service Trust (Establishment) Order 2010 and shall come into force on 1st November 2010.
2
In this Order —
“ the Act ” means the National Health Service Act 2006;
“community health services” means any service which the Secretary of State has a duty to provide under section 3(1)(d) or (e) of, or paragraph 1 or 8 of Schedule 1 to, the Act, and any service which the Secretary of State may provide under paragraph 2 or 7A of that Schedule;
“the trust” means the National Health Service trust established by article 2.
Establishment and name of the trust
2
There is established a National Health Service trust which shall be called the Hertfordshire Community National Health Service Trust.
Nature and functions of the trust
3
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 4 executive directors and 4 non-executive directors.
2
If the Secretary of State suspends the chairman, or a non-executive director of the trust, the number of non-executive directors of the trust shall increase during the period of suspension by the number of persons so suspended.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st November 2010.
2
The accounting date of the trust shall be 31st March.
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
7th October 2010


text:
Citation, commencement and application
1
1
This Order may be cited as the Travel Concessions (Eligibility)(England) Order 2010 and comes into force on 6th April 2010.
2
This Order applies in relation to England only.
Eligibility for travel concessions: age
2
1
Section 93(7)(a) of the Transport Act 1985 , section 240(5)(a)(i) of the Greater London Authority Act 1999 and the definition of “elderly person” in section 146 of the Transport Act 2000 shall have effect as if for the reference to the age of 60 years there were substituted a reference to —
a
in the case of a woman, her pensionable age,
b
in the case of a man, the pensionable age of a woman born on the same day.
2
For the purposes of paragraph (1) “pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995 .
Signed by authority of the Secretary of State
Sadiq Khan
Minister of State
Department for Transport
24th February 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cambridgeshire Community Services National Health Service Trust (Establishment) Order 2010 and shall come into force on 1st April 2010.
2
In this Order —
“ the Act ” means the National Health Service Act 2006;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or paragraph 2 or 7A of Schedule 1 to, the Act and any service which he has a duty to provide under paragraph 1 or 8 of that Schedule;
“operational date” has the meaning assigned to it in paragraph 5(5) of Schedule 4 to the Act;
“the trust” means the National Health Service trust established by article 2.
Establishment and name of the trust
2
There is established a National Health Service trust which shall be called the Cambridgeshire Community Services National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 25(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, and community health services, for the purposes of the health service.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 executive directors and 6 non-executive directors.
2
If the Secretary of State suspends the chairman, or a non-executive director of the trust, the number of non-executive directors of the trust shall increase during the period of suspension by the number of persons so suspended.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 2010.
2
The accounting date of the trust shall be 31st March.
Signed by authority of the Secretary of State for Health
Mike O’Brien
Minister of State,
Department of Health
10th March 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medicines for Human Use (Miscellaneous Amendments) Order 2010 and shall come into force on 1st June 2010.
2
In this Order —
“the Pharmacy and General Sale Order ” means the Medicines (Pharmacy and General Sale — Exemption) Order 1980 ;
“the POM Order ” means the Prescription Only Medicines (Human Use) Order 1997 .
Amendment of the Pharmacy and General Sale Order
2
1
The Pharmacy and General Sale Order is amended as follows.
2
In article 1(2) (citation, commencement and interpretation) after the definition of “cosmetic” insert the following definitions —
“dental hygienist” means a person whose name is registered under the title of dental hygienist in the dental care professionals register;
“dental therapist” means a person whose name is registered under the title of dental therapist in the dental care professionals register;
“dental care professionals register” means the dental care professionals register established under section 36B of the Dentists Act 1984 ;
.
3
In Schedule 3, Part 3 (classes of individual by whom supplies may be made) before “Registered paramedics” insert —
Dental hygienist.
Dental therapist.
.
Amendment of the POM Order
3
1
The POM Order is amended as follows.
2
In article 1(2) (citation, commencement and interpretation) after the definition of “cyanogenetic substances” insert the following definitions —
“dental hygienist” means a person whose name is registered under the title of dental hygienist in the dental care professionals register;
“dental therapist” means a person whose name is registered under the title of dental therapist in the dental care professionals register;
“dental care professionals register” means the dental care professionals register established under section 36B of the Dentists Act 1984;
.
3
In schedule 5 (exemption for certain persons from section 58(2) of the Act) —
a
in Part 1 (exemption from restrictions on sale or supply), in column 2, for item 4 substitute —
4 Prescription only medicines containing any of the following substances —
Diclofenac
Ergometrine maleate
Hydrocortizone Acetate
Lidocaine
Lidocaine Hydrochloride
Miconazole
Nystatin
Phytomenadione.
;
b
in Part 3 (exemptions from restriction on administration), in column 2, for the substances listed in item 2 substitute —
Adrenaline
Anti-D immunoglobulin
Carboprost
Cyclizine hydrochloride
Diamorphine
Ergometrine maleate
Gelofusine
Haemaccel
Hartmann’s solution
Hepatitis B vaccine
Hepatitis immunoglobulin
Lidocaine
Lidocaine hydrochloride
Morphine
Naloxone hydrochloride
Oxytocins, natural and synthetic
Pethidine hydrochloride
Phytomenadione
Prochloperazine
Sodium chloride 0.9%.
.
4
In Schedule 7, Part 3 (classes of individual by whom prescription only medicines may be supplied or administered) before “Registered paramedics” insert —
Dental hygienist.
Dental therapist.
.
Signed by authority of the Secretary of State for Health
Mike O’Brien
Minister of State
Department of Health
30th March 2010
Michael McGimpsey
Minister for Health, Social Services and Public Safety
30th March 2010


text:
Citation and commencement
1
1
This Order may be cited as the Safeguarding Vulnerable Groups Act 2006 (Supervisory Authorities and Devolution Alignment) Order 2010 and, subject to paragraph (2), comes into force on 26th July 2010.
2
Article 2 comes into force twenty one days after the day on which this Order is laid.
Supervisory authorities
2
After section 45(7)(a), insert —
aa
the Secretary of State in respect of his functions under Chapter 1 of Part 10 of the Education Act 2002 (c. 32) ;
.
Devolution: alignment
3
An individual who is subject to monitoring in relation to regulated activity within the meaning of article 28 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 is to be treated as if the individual were subject to monitoring in relation to regulated activity.
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
28th March 2010


text:
Citation and commencement
1
This Order may be cited as the European Communities (Definition of Treaties) (1996 Hague Convention on Protection of Children etc.) Order 2010, and shall come into force on the 24th February 2010.
Specification as one of the Community Treaties
2
The Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children signed in The Hague on 19 October 1996 is to be regarded as one of the EU Treaties as defined in section 1(2) of the European Communities Act 1972.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
1
These Regulations may be cited as the Housing and Regeneration Act 2008 (Penalty and Compensation Notices) Regulations 2010.
2
These Regulations come into force on 1st April 2010.
Period for payment
2
For the purposes of section 228(2)(d) and 240(2)(e) of the Housing and Regeneration Act 2008, the Regulator of Social Housing must specify a period of at least 28 days.
Signed by authority of the Secretary of State for Communities and Local Government
Ian Austin
Parliamentary under Secretary of State
Department for Communities and Local Government
8th March 2010