text:
PART 1 Preliminary and general
Citation, commencement and application
1
1
These Regulations may be cited as the Burma/Myanmar (Financial Restrictions) Regulations 2009 and come into force on 18th June 2009.
2
An offence may be committed under these Regulations by any person in the United Kingdom or by any person elsewhere who is —
a
a British citizen;
b
a British overseas territories citizen who acquired his or her citizenship from a connection with Gibraltar;
c
a British subject under Part 4 of the British Nationality Act 1981 with the right of abode in the United Kingdom; or
d
a body incorporated or constituted under the law of any part of the United Kingdom.
Interpretation
2
1
In these Regulations —
“the 2000 Act ” means the Financial Services and Markets Act 2000 ;
“body corporate” includes a Scottish partnership;
“designated enterprise” has the meaning given by regulation 11 ;
“designated person” has the meaning given by regulation 3 ;
“document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;
“the EC Regulation ” means Council Regulation (EC) No. 194/2008 of 25th February 2008 renewing and strengthening the restrictive measures in respect of Burma/Myanmar and repealing Regulation (EC) No. 817/2006 as amended from time to time;
“economic resources” means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but may be used to obtain funds, goods or services;
“funds” means financial assets and benefits of every kind, including but not limited to —
cash, cheques, claims on money, drafts, money orders and other payment instruments;
deposits with financial institutions or other entities, balances on accounts, debts and debt obligations;
publicly and privately traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts;
interest, dividends or other income on or value accruing from or generated by assets;
credit, rights of set-off, guarantees, performance bonds or other financial commitments;
letters of credit, bills of lading, bills of sale;
documents providing evidence of an interest in funds or financial resources;
“officer”, in relation to a body corporate, means —
in relation to a Scottish partnership, a partner; and
in relation to any other body corporate, a director, manager, secretary or other similar officer of the body corporate or any person who has purported to act in any such capacity;
“relevant institution” means —
a person who has permission under Part 4 of the 2000 Act (permission to carry on regulated activities); and
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.
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).
PART 2 Designated persons
Designated persons
3
For the purposes of these Regulations a person is a designated person if —
a
listed in Annex VI of the EC Regulation; or
b
identified in a direction given by the Treasury under regulation 4(1) .
Treasury’s power to designate persons
4
1
Where the Treasury have reasonable grounds for suspecting that a person is a person listed in Annex VI of the EC Regulation, the Treasury may give a direction that such person is designated for the purposes of these Regulations.
2
The Treasury may vary or revoke any such direction at any time.
Publicising directions
5
1
Where the Treasury give a direction under regulation 4(1) they must —
a
give written notice to the person identified in the direction; and
b
publicise the direction generally.
2
Where the Treasury vary or revoke a direction given under regulation 4(1) they must —
a
give written notice of the variation or revocation to the person identified in the direction; and
b
take such further steps as they consider appropriate to publicise the variation or revocation.
PART 3 Prohibitions and licences
Freezing funds and economic resources of designated persons
6
1
A person (including the designated person) must not deal with funds or economic resources owned, held or controlled by a designated person unless authorised by a licence granted under regulation 10 .
2
In paragraph (1) , “deal with” means —
a
in respect of funds —
i
use, alter, move, allow access to or transfer;
ii
deal with in any other way that would result in any change in volume, amount, location, ownership, possession, character or destination;
iii
make any other change that would enable use, including portfolio management; and
b
in respect of economic resources, exchange or use in exchange for funds, goods or services.
3
A person who contravenes the prohibition in paragraph (1) is guilty of an offence.
4
In proceedings for an offence under this regulation, it is a defence for a person to show that they did not know, and had no reasonable cause to suspect, that the funds or economic resources were owned, held or controlled by a designated person.
Making funds and economic resources available to designated persons
7
1
A person must not make funds or economic resources available, directly or indirectly, to or for the benefit of a designated person unless authorised by a licence granted under regulation 10 .
2
A person who contravenes the prohibition in paragraph (1) is guilty of an offence.
3
In proceedings for an offence under this regulation, it is a defence for a person to show that they did not know and had no reasonable cause to suspect funds or economic resources were being made available, directly or indirectly, to or for the benefit of a designated person.
Exceptions
8
1
It is not an offence under regulation 6 or 7 to credit a frozen account with —
a
interest or other earnings on that account; or
b
payments due under contracts, agreements or obligations that were concluded or arose before the first date on which the account became subject to the provisions of Regulation (EC) No. 1081/2000 , Regulation (EC) No. 798/2004 , Regulation (EC) No. 817/2006 or the EC Regulation.
2
It is not an offence under regulation 7 for a relevant institution to credit a frozen account where it receives funds transferred to the account by a third party.
3
For the avoidance of doubt, regulation 6 applies to any funds credited to a frozen account in accordance with this regulation.
4
In this regulation —
“frozen account” means an account with a relevant institution which is held or controlled by a designated person;
“third party” means a person other than the account-holder or the relevant institution with which the account is maintained.
Circumvention
9
Any person who participates, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to —
a
circumvent a prohibition in regulation 6(1) or 7(1) , or
b
enable or facilitate the commission of an offence under regulation 6 or 7 ,
is guilty of an offence.
Licences
10
1
The Treasury may grant a licence to disapply the prohibition in regulation 6(1) or 7(1) in relation to the acts specified in the licence.
2
A licence may be —
a
general or granted to a particular person or to a category of persons;
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
The Treasury, where they grant, vary or revoke a licence, must —
a
in the case of a licence granted to a particular person, give written notice of the licence, variation or revocation to that person; and
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 licence, variation or revocation
5
Any person who, for the purpose of obtaining a licence, knowingly or recklessly makes any statement or furnishes any document or information which is false in a material particular is guilty of an offence.
6
Any person who has done any act under the authority of a licence and who fails to comply with any conditions attaching to that licence is guilty of an offence.
PART 4 Designated enterprises
Designated enterprises
11
For the purposes of these Regulations a person is a designated enterprise if —
a
listed in Annex V or Annex VII of the EC Regulation; or
b
identified in a direction given by the Treasury under regulation 12(1) .
Treasury’s power to designate enterprises
12
1
Where the Treasury have reasonable grounds for suspecting that a person is a person listed in Annex V or Annex VII of the EC Regulation, the Treasury may give a direction that such person is designated for the purposes of these Regulations.
2
The Treasury may vary or revoke any such direction at any time.
3
The provisions of regulation 5 apply to any direction given by the Treasury under paragraph (1) as they apply to a direction given under regulation 4(1) .
PART 5 Prohibitions concerning designated enterprises
Prohibition against financing designated enterprises
13
1
A person must not finance a designated enterprise.
2
In this regulation, “finance” means —
a
grant any loan or credit to a designated enterprise;
b
acquire bonds, certificates of deposit, warrants or debentures issued by a designated enterprise being a person listed in Annex VII of the EC Regulation or a person whom the Treasury have reasonable grounds for suspecting of being such a person; or
c
acquire or increase a participation or shareholding, including shares and securities of a participating nature, in a designated enterprise.
3
A person who contravenes the prohibition in paragraph (1) is guilty of an offence.
4
In proceedings for an offence under this regulation, it is a defence for a person to show that they did not know and had no reasonable cause to suspect that the body being financed was a designated enterprise.
Prohibition against creating a joint venture
14
1
A person must not create a joint venture with —
a
a designated enterprise;
b
a subsidiary enterprise of a designated enterprise; or
c
a person under the control of a designated enterprise.
2
A person who contravenes the prohibition in paragraph (1) is guilty of an offence.
3
In proceedings for an offence under this regulation, it is a defence for a person to show that they did not know and had no reasonable cause to suspect that the joint venture was being created with a body falling within sub-paragraph (a), (b) or (c) of paragraph (1) .
Exceptions
15
1
Subject to paragraph (2), a person is not guilty of an offence under regulation 13 if the financing of the designated enterprise takes place pursuant to an obligation, contract or agreement which arose or was concluded before the date on which the enterprise was first designated as indicated in Annex V or Annex VII of the EC Regulation.
2
Paragraph (1) does not apply where the financing of a designated enterprise consists of —
a
an increase in a participation or shareholding in the enterprise unless the person informs the Treasury of their intention to undertake such an increase before it takes place; or
b
the acquisition of a participation or shareholding in a designated enterprise.
Trade contracts
16
The prohibition in regulation 13(1) does not apply to —
a
the execution of trade contracts for the supply of goods or services on usual commercial payment conditions; and
b
any supplementary agreements connected with the execution of such contracts.
Circumvention
17
Any person who participates, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to —
a
circumvent the prohibition in regulation 13(1) or 14(1) ; or
b
enable or facilitate the commission of an offence under regulation 13 or 14 ;
is guilty of an offence.
PART 6 Miscellaneous
Information gathering provisions
18
The Schedule (which contains further provisions about information gathering) has effect.
Officers of a body corporate etc.
19
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 of the body corporate; 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.
2
Paragraph (1) also applies to an institution which is not a body corporate, with the substitution for the reference to an officer 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 regulation 6 , 7 , 9 , 10 , 13 , 14 or 17 or paragraph 4(b) , (c) or (d) of the Schedule 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 —
i
in England, Wales and Northern Ireland, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or to both; and
ii
in Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both.
2
A person guilty of an offence under paragraph 2(4) or 4(a) 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, summary proceedings for an offence may be tried by a magistrates’ court if any information is laid —
a
before the end of 12 months from the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to the prosecutor’s knowledge, but
b
not later than three years from the commission of the offence.
3
In Scotland —
a
summary proceedings for an offence may be commenced —
i
before the end of 12 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; but
ii
not later than three years from the commission of the offence; and
b
section 136(3) of the Criminal Procedure (Scotland) Act 1995 (time limit for certain offences) applies for the purpose of this paragraph as it applies for the purpose of that section.
4
In Northern Ireland, summary proceedings for an offence may be instituted —
a
before the end of 12 months from the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to the prosecutor’s knowledge; but
b
not later than three years from the commission of the offence.
5
For the purpose of this regulation —
a
a certificate signed by or on behalf of the prosecutor or the Lord Advocate as to the date on which such evidence as is referred to in paragraphs (2) to (4) came to the prosecutor’s or the Lord Advocate’s knowledge is conclusive evidence of that fact, and
b
a certificate purporting to be so signed is presumed to be so signed unless the contrary is proved.
6
In Scotland, where a constable reasonably believes that a person has committed or is committing an offence, the constable may arrest that person without a warrant.
7
No proceedings for an offence, other than for a summary offence, may be instituted in England, Wales or Northern Ireland except with the consent of the Attorney General or, as the case may be, the Attorney General for Northern Ireland.
8
Whether or not such consent has been given, paragraph (7) does not prevent —
a
the arrest of any person in respect of an offence, or
b
the remand in custody or on bail of any person charged with an offence.
9
In this regulation, “offence” means an offence under these Regulations.
Notices
22
1
This regulation has effect in relation to any notice to be given to a person by the Treasury under regulation 5(1)(a) or (2)(a) or 10(4)(a) .
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 which has its registered or principal office in the United Kingdom, by posting it to that office.
3
Where the Treasury do not have an address in the United Kingdom for a person, they must make arrangements for the notice to be given to the person at the first available opportunity.
The Crown
23
1
These Regulations bind the Crown, subject to the following provisions of this regulation.
2
No contravention by the Crown of a provision of these Regulations makes the Crown criminally liable; but 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 which constitutes such a contravention.
3
Nothing in this regulation affects Her Majesty in her private capacity; and this is to be construed as if section 38(3) of the Crown Proceedings Act 1947 (meaning of Her Majesty in her private capacity) were contained in these Regulations.
Revocation
24
These Regulations revoke the Burma (Financial Sanctions) Regulations 2005 , the Burma (Freezing of Funds) (Amendment) Regulations 2003 and the Burma (Freezing of Funds) Regulations 2000 .
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
17th June 2009


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Support (Prescribed Categories of Person) Regulations 2009 and come into force on 30th December 2009.
2
In these Regulations, “the appointed day” means 30th December 2009.
Revocation and savings
2
1
Subject to paragraph (2), the following provisions of the Income Support (General) Regulations 1987 are revoked —
a
regulation 13(2)(b) and (bb) (circumstances in which persons in relevant education are to be entitled to income support) ;
b
paragraphs 7(a) and (b), 10, 12 and 13 of Schedule 1B (prescribed categories of person) .
2
A provision referred to in paragraph (1) (“a relevant provision”) continues to have effect in relation to a person (“P”) —
a
who immediately before the appointed day, is entitled to an award of income support on the basis of a relevant provision; or
b
whose claim for income support falls within regulation 2(2)(b), (c) or (d) of the Employment and Support Allowance (Transitional Provisions) Regulations 2008 ; or
c
to whom paragraph (4) applies.
3
For the purposes of paragraph (2)(a), P is entitled to an award of income support on the basis of a relevant provision only where —
a
before the appointed day the Secretary of State determined that a relevant provision applies to P; or
b
in the cases to which regulation 6 (information required for determining capacity for work) or 28 (treated as incapable of work) of the Social Security (Incapacity for Work) (General) Regulations 1995 applies, before the appointed day the Secretary of State was —
i
provided with the evidence or satisfied on the basis of the information required by regulation 6 of those Regulations; or
ii
provided with the evidence required by regulation 28(2)(a) of those Regulations and the condition in regulation 28(2)(b) was satisfied; or
c
in any case to which the regulations referred to in sub-paragraph (b) do not apply, the Secretary of State —
i
before the appointed day received notification from P stating that a relevant provision applies to P, and
ii
determines on or after that date that the provision concerned applies to P.
4
This paragraph applies to a person where —
a
that person had an award of income support which was terminated on or after 27th October 2008;
b
a relevant provision applied to the person immediately before the award was terminated;
c
the decision to terminate that award was made as a result of official error; and
d
that decision is subsequently revised by reason of that error.
5
In paragraph (4)(c), “official error” has the meaning given in regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 .
Consequential amendments
3
1
Subject to paragraph (7), the following consequential amendments have effect.
2
In the Income Support (General) Regulations 1987 —
a
in regulation 4ZA(3)(b) (prescribed categories of person) omit “10,” and “12,”;
b
in regulation 4(2)(c)(ii) and (v) (temporary absence from Great Britain) , for “persons incapable of work” substitute “persons treated as capable of work and persons entitled to statutory sick pay”;
c
in regulation 61(1) (interpretation) in paragraph (c) of the definition of “grant income” , omit “10,” and “12,”;
d
in regulation 66A(4)(a)(ii) (treatment of student loans) omit “10,” and “12”;
e
in Schedule 1B, for the heading preceding paragraph 7 substitute “Persons treated as capable of work and persons entitled to statutory sick pay”.
3
In the Children (Leaving Care) Social Security Benefits Regulations 2001 , in regulation 2(1) (entitlement to benefits) —
a
at the end of sub-paragraph (b)(i) add “or”;
b
omit sub-paragraph (b)(ii);
c
in sub-paragraph (b)(iii) omit “10,” “12,” and “13,”.
4
In the Social Security (Jobcentre Plus Interviews) Regulations 2002 , in regulation 2(1) (interpretation and application), in paragraph (a) of the definition of “relevant benefit” and in paragraph (b)(ii) of the definition of “specified person”, for “persons incapable of work” substitute “persons treated as capable of work and persons entitled to statutory sick pay”.
5
In the Children (Leaving Care) Social Security Benefits (Scotland) Regulations 2004 , in regulation 2(3) (entitlement to benefits (Scotland)) —
a
at the end of sub-paragraph (b)(i) add “or”;
b
omit sub-paragraph (b)(ii);
c
in sub-paragraph (b)(iii) omit “10,”, “12,” and “13,”.
6
In the Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2008 , in regulation 2(1) (interpretation), in paragraph (b)(i) of the definition of “specified benefit”, for “persons incapable of work” substitute “persons treated as capable of work and persons entitled to statutory sick pay”.
7
The amendments made by this regulation do not have effect in relation to a person referred to in regulation 2(2).
Signed by authority of the Secretary of State for Work and Pensions
Helen Goodman
Parliamentary Under-Secretary of State
Department for Work and Pensions
30th November 2009


text:
1
This Order may be cited as the A40 Trunk Road (Gloucestershire Border to Ross-on-Wye, Herefordshire) (Detrunking) Order 2009 and shall come into force on 1st April 2009.
2
In this Order -
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
ii
“the trunk road” means the A40 Trunk Road; and
iii
“the plan” means the plan folio, numbered HA 10/PS/312, marked “The A40 Trunk Road (Gloucestershire Border to Ross-on-Wye, Herefordshire) (Detrunking) Order 2009 ”, signed by authority of the Secretary of State for Transport and deposited at the Department for Transport, Information Management Division, Ashdown House, Sedlescombe Road North, St Leonards-on-Sea, East Sussex, TN37 7GA.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Order comes into force.
Signed by authority of the Secretary of State for Transport
Graham Bowskill
A Divisional Director in the Highways Agency
10th February 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the European Communities (Designation) (No. 4) Order 2009 and comes into force on 12th November 2009.
2
In this Order —
“designate” means designate for the purposes of section 2(2), and similar expressions are to be construed accordingly;
“section 2(2)” means section 2(2) of the European Communities Act 1972;
“subordinate legislation” means orders, rules, regulations or schemes made under section 2(2).
Designation in relation to accreditation of conformity assessment bodies
2
The Secretary of State is designated in relation to accreditation of conformity assessment bodies.
Designation in relation to cross-border healthcare
3
Each Northern Ireland department is designated in relation to cross-border healthcare.
Designation in relation to public procurement
4
Each of the following is designated in relation to public procurement —
a
the Secretary of State; and
b
any Northern Ireland department.
Designation in relation to pyrotechnic articles
5
The Secretary of State is designated in relation to pyrotechnic articles.
Relationship with other designations
6
1
This Order does not restrict the scope of any designation made by any other Order.
2
Where —
a
a Minister of the Crown or government department is designated by this Order, and
b
any other Minister of the Crown or government department is designated in relation to the same matter by this or any other Order,
any of them may make subordinate legislation in relation to that matter jointly.
Restrictions
7
1
Articles 3 and 4(b) only designate a Northern Ireland department to make subordinate legislation that forms part of the law of Northern Ireland, subject to paragraph (2).
2
Paragraph (1) does not apply where the subordinate legislation is made jointly with a Minister of the Crown or government department other than a Northern Ireland Minister or Northern Ireland department.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as The Landfill Tax (Prescribed Landfill Site Activities) Order 2009 and comes into force on 1st September 2009.
Interpretation
2
In this Order —
“cell bund” means a structure within a disposal area which separates units of waste;
“disposal area” means any area of a landfill site where any landfill disposal takes place;
“hard standing” means a base within a landfill site on which any landfill site activity such as sorting, treatment, processing, storage or recycling is carried out;
“haul road” means any road within a landfill site which gives access to a disposal area;
“screening bund” means any structure on a landfill site (whether below or above ground) put in place to protect or conceal any landfill site activity or to reduce nuisance from noise.
Prescribed landfill site activities
3
1
The following landfill site activities are prescribed for the purposes of section 65A of the Finance Act 1996 (activities to be treated as disposals):
a
the use of material to cover the disposal area during a short term cessation in landfill disposal activity;
b
the use of material to create or maintain a temporary haul road;
c
the use of material to create or maintain temporary hard standing;
d
the use of material to create or maintain a cell bund;
e
the use of material to create or maintain a temporary screening bund except where the material so used is naturally occurring material extracted from the landfill site in which the temporary screening bund is located;
f
the temporary storage of ashes (including pulverised fuel ash and furnace bottom ash);
g
the use of material placed against the drainage layer or liner of the disposal area to prevent damage to that layer or liner;
h
any other landfill site activity if in relation to that activity –
i
paragraph 1B of Part 1 of Schedule 5 to the Finance Act 1996 requires a person to notify or give information, or under regulation 16A of the Landfill Tax Regulations 1996 a person is required to designate a part of a landfill site as an “information area”, give information or maintain a record in respect of the area; and
ii
that requirement is not complied with.
2
Paragraph (1) does not apply to any landfill site activity if, or to the extent that, it involves material that is or has been otherwise chargeable to landfill tax or exempted from landfill tax.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
21st July 2009


text:
Citation and interpretation
1
1
This Order may be cited as the Criminal Justice and Immigration Act 2008 (Commencement No. 11) Order 2009.
2
In this Order “the 2008 Act ” means the Criminal Justice and Immigration Act 2008.
Provisions coming into force on 1 st October 2009
2
The date appointed for the coming into force of the following provisions of the 2008 Act is 1 st October 2009 —
a
section 80 (Requests to other member States: England and Wales);
b
section 81 (Procedure on issue of certificate: England and Wales);
c
section 82 (Requests to other member States: Northern Ireland);
d
section 83 (Procedure on issue of certificate: Northern Ireland);
e
section 84 (Requests from other member States: England and Wales);
f
section 85 (Procedure on receipt of certificate by designated officer);
g
section 86 (Modification of Magistrates’ Courts Act 1980);
h
section 87 (Requests from other member States: Northern Ireland);
i
section 88 (Procedure on receipt of certificate by clerk of petty sessions);
j
section 89 (Modification of Magistrates’ Courts (Northern Ireland) Order 1981);
k
section 90 (Transfer of certificates to central authority for Scotland);
l
section 91 (Recognition of financial penalties: general);
m
section 92 (Interpretation of sections 80 to 91 etc. );
n
section 144(1) (Power to require data controllers to pay monetary penalty) to the extent that it inserts sections 55A(4), (5), (7) and (9), 55B(2), (3)(b) and (6), 55C and 55E into the Data Protection Act 1998 ;
o
section 144(2) (Power to require data controllers to pay monetary penalty);
p
section 148(2) (Consequential etc. amendments and transitional and saving provision) in so far as relates to the entry in paragraph (s);
q
Schedule 18 (Penalties suitable for enforcement in England and Wales or Northern Ireland);
r
Schedule 19 (Grounds for refusal to enforce financial penalties); and
s
paragraph 29 of Schedule 27 (Mutual recognition of financial penalties).
Provisions coming into force on 31 st October 2009
3
The date appointed for the coming into force of the following provisions of the 2008 Act is 31 st October 2009 —
a
section 21 (Credit for period of remand on bail: terms of imprisonment and detention) to the extent not already in force;
b
section 26 (Release of certain long-term prisoners under Criminal Justice Act 1991) to the extent not already in force;
c
section 29 (Release of prisoners after recall) to the extent not already in force;
d
section 145 (Amendments to armed forces legislation) to the extent that it relates to the entry in paragraph (h);
e
section 148(1) (Consequential etc. amendments and transitional and saving provision) to the extent that it relates to the entries in paragraph (i);
f
section 149 (Repeals and revocations) in so far as it relates to the entry in paragraph (j);
g
section 151 (Effect of amendments to criminal justice provisions applied for purposes of service law);
h
paragraph 34 of Schedule 25 (Transitional provisions: compensation for miscarriage of justice);
i
paragraphs 54, 55, 56 to the extent not already in force, and paragraph 82 of Schedule 26 (Minor and consequential amendments); and
j
in Part 2 of Schedule 28 (Repeals and revocations), the entries related to —
i
section 260(3A) of the Criminal Justice Act 2003 ; and
ii
sections 221 and 223(3) and paragraphs 218 and 225 of Schedule 16 of the Armed Forces Act 2006 .
Signed by the authority of the Lord Chancellor and Secretary of State
Michael Wills
Minister of State
Ministry of Justice
24th September 2009


text:
Citation and commencement
1
This Order may be cited as the Terrorism Act 2006 (Disapplication of Section 25) Order 2009 and shall come into force on 25th July 2009.
Disapplication of section 25 of the Terrorism Act 2006
2
Section 25 of the Terrorism Act 2006 is disapplied for a period of one year beginning with the coming into force of this Order.
David Hanson
Minister of State
Home Office
13th July 2009


text:
1
1
This Order may be cited as the Northern Rock plc Compensation Scheme (Amendment) Order 2009.
2
This Order comes into force on the day after the day on which it is made.
2
The Schedule to the Northern Rock plc Compensation Scheme Order 2008 is amended as follows.
3
After paragraph 9 insert —
PART 3A Information
9A
1
The court may, on an application by the valuer, make an order requiring the provision of information that is reasonably required for the purpose of assessing the amount of any compensation payable by the Treasury.
2
A person required to provide information pursuant to an order under sub-paragraph (1) shall not be required to provide information —
a
in respect of which a claim to legal professional privilege (in Scotland, to confidentiality of communications) could be maintained in legal proceedings;
b
if such provision by the person holding it would be prohibited by or under any enactment;
c
if it is held by a government department and such provision would be contrary to the public interest.
3
In relation to information recorded otherwise than in legible form, the power to require it to be provided includes power to require it to be provided in a form from which it can readily be produced in visible and legible form.
9B
A person who provides information to the valuer for the purpose of the assessment by the valuer of the amount of any compensation payable by the Treasury is not, by reason only of the provision of such information, liable in any proceedings relating to a breach of an obligation of confidence.
9C
Specified information shall not be disclosed by the valuer (or any person to whom the valuer has disclosed such information in accordance with paragraph 9D(2)) without the consent of the person from whom the valuer obtained the specified information and, if different, the person to whom it relates.
9D
1
The prohibition in paragraph 9C of the disclosure of specified information is subject to the following exceptions.
2
The valuer may, for the purpose of assessing the amount of any compensation payable, disclose specified information to any staff appointed under paragraph 9 or to any person providing advice or assistance to the valuer.
3
The valuer may disclose specified information if and to the extent that the valuer considers it necessary to do so for the purpose of exercising the functions of the office.
4
The valuer must, before disclosing any specified information in accordance with sub-paragraph (3), have regard to the need to exclude from disclosure (so far as practicable) —
a
commercial information, the disclosure of which might significantly harm the legitimate business interests of the person to whom it relates,
b
information relating to the private affairs of an individual, the disclosure of which might significantly harm the individual’s interests, or
c
any information the disclosure of which would be contrary to the public interest.
5
The valuer may disclose specified information in accordance with this paragraph subject to such conditions as the valuer thinks appropriate.
9E
In this Part —
“court” means the High Court or the Court of Session;
“specified information” means any information obtained by the valuer for the purpose of assessing the amount of any compensation payable by the Treasury.
.
4
In paragraph 27, in the new rule 10A(1)(a) inserted by that paragraph, for “one or more” substitute “two or more”.
Tony Cunningham
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
25th March 2009


text:
Citation and commencement
1
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) Regulations 2009.
2
Regulations 3 and 8(2) come into force on 31st March 2009 and all other regulations come into force on 3 March 2009.
Preliminary
2
The Road Vehicles (Construction and Use) Regulations 1986 are amended in accordance with the following provisions of these Regulations.
Amendment to regulation 33
3
1
Regulation 33 (mirrors and other devices for indirect vision) is amended as follows.
2
In paragraph (1), for “paragraphs (5) and (6)”, substitute “paragraphs (5) to (6H)”.
3
After paragraph (6) insert —
6A
The requirements set out in paragraph (1) and the Table are modified as set out in paragraphs (6C) and (6D) in so far as those requirements relate to a relevant vehicle and to the fitting of class IV and class V mirrors on the passenger’s side of that vehicle.
6B
The alternative requirements set out in paragraph (5) do not apply in so far as those requirements relate to a relevant vehicle and to the fitting of class IV and class V mirrors on the passenger’s side of the vehicle.
6C
Subject to paragraph (6F), a relevant vehicle which would otherwise be required to meet the requirements set out in item 3 of the Table shall instead meet the requirements set out in item 4 which are applicable to a vehicle of the same maximum gross weight.
6D
Subject to paragraph (6F), a relevant vehicle which would otherwise be required to meet the requirements set out in item 5 of the Table shall instead meet the requirements set out in item 6.
6E
For the purposes of paragraphs (6C) and (6D) —
a
the words “and other devices for indirect vision” are omitted from item 4; and
b
the words “or other devices for indirect vision” are omitted from items 4 and 6.
6F
A relevant vehicle does not have to comply with paragraph (6C) or (6D) (whichever is applicable to the vehicle) in the circumstances set out in paragraph (6G) or (6H).
6G
The first set of circumstances is where the vehicle is equipped in the manner described in article 3(2) of Community Directive 2007/38.
6H
The second set of circumstances is where the vehicle cannot, for want of available, economically viable, technical solutions —
a
comply with paragraph (6C) or (6D) (whichever is applicable to the vehicle); or
b
be equipped in the manner described in article 3(2) of Community Directive 2007/38,
but is equipped in the manner described in article 3(3) of Community Directive 2007/38.
.
4
After paragraph (7)(d) add —
e
“class IV” and “class V”, in relation to mirrors, have the meanings given in point 1.1.1.14 of Annex I to Community Directive 2003/97 ; and
f
“a relevant vehicle” means a vehicle which —
i
would be a goods vehicle of a class referred to in column 2 of item 4 or 6 of the Table if “1st January 2000” were substituted for “26th January 2007”; and
ii
is not outside the scope of Community Directive 2007/38 by virtue of article 2(2)(b) or (c) of that Directive.
.
5
After paragraph (8) add —
9
Where a provision is applied by paragraph (6C) or (6D) to a vehicle which was first used on or after 1st January 2000, that provision applies to the vehicle whatever the date of manufacture of the vehicle, and regulation 4(2) is disapplied accordingly.
.
Amendment to regulation 36A
4
1
Regulation 36A (speed limiters on buses) is amended as follows.
2
In paragraph (2B), for “paragraphs (2E) and (13)” substitute “paragraph (13)”.
3
In paragraph (2C), for “paragraphs (2D) and (13)” substitute “paragraph (13)”.
4
Omit paragraphs (2D) and (2E).
5
In paragraph (13) —
a
omit “or” immediately after sub-paragraph (d); and
b
after sub-paragraph (e) insert —
; or
f
which is operated by or on behalf of Her Majesty’s Prison Service and used primarily for the purpose of moving Category A prisoners.
6
In paragraph (14), in the appropriate alphabetical position, insert —
“Category A prisoners” means that prison security category which is applied to prisoners whose escape would be highly dangerous to the public or the police or to the security of the state, no matter how unlikely that escape might be, and for whom the aim must be to make escape impossible.
Amendment to regulation 36B
5
1
Regulation 36B (speed limiters on goods vehicles) is amended as follows.
2
In paragraph (1) —
i
for “paragraphs (5) and (14)” substitute “paragraph (14)”; and
ii
after “every motor vehicle” insert “, not being a motor vehicle to which paragraph (1B) applies,”.
3
In paragraph (1A), for “paragraphs (1D) and (14)” substitute “paragraph (14)”.
4
In paragraph (1B) —
a
for “paragraphs (1C) and (14)” substitute “paragraph (14)”; and
b
omit “not being a motor vehicle to which paragraph (1) applies,”.
5
Omit paragraphs (1C) and (1D).
6
In paragraph (14) —
a
omit “or” immediately after sub-paragraph (e); and
b
after sub-paragraph (f) insert —
; or
g
which is an emergency tactical response vehicle operated by or on behalf of Her Majesty’s Prison Service and used primarily for the purpose of transporting people or equipment (or both) to restore order within Her Majesty’s prisons or immigration detention centres.
.
Amendment to regulation 41A
6
1
Regulation 41A (alternative means of compliance for minibuses) is amended as follows.
2
In regulation 41A —
a
that regulation shall be re-numbered as paragraph (1); and
b
after that re-numbered paragraph add —
2
A minibus which is required by regulation 41 to meet the requirements specified in Schedule 6 need not meet the requirements set out in items 2 to 4 and 7 to 12 of that Schedule if it meets such requirements of ECE Regulation 52.01 or 107.01 or 107.02 as apply to that minibus.
.
Amendment to regulation 53C
7
1
Regulation 53C (alternative means of compliance for coaches) is amended as follows.
2
In regulation 53C —
a
that regulation shall be re-numbered as paragraph (1); and
b
after that re-numbered paragraph add —
2
A coach which is required by either regulation 53A or 53B, as the case may be, to meet the requirements specified in that particular provision, need not meet them if it meets such requirements of ECE Regulation 107.01 or 107.02 as apply to that coach.
.
Amendment to Schedule 2
8
1
Schedule 2 (Community Directives and ECE Regulations) is amended as follows.
2
In Table I, at the end, add —
93 2007/38 11.07.07 L184, 14.7.2007, p.25 Retrofitting of mirrors to certain heavy goods vehicles
3
In Table II —
a
after the entry relating to item 21BA insert —
21BB 52.01 52 1.11.1982 Construction of small buses and coaches (M2 and M3) 12.9.1995 — —
b
at the end add —
27 107.01 107 18.6.1998 Construction of small buses and coaches (M2 and M3) 12.8.2004 — — 28 107.02 107 18.6.1998 (Construction of small buses and coaches (M2 and M3) 10.11.2007 — —
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary under Secretary of State
Department for Transport
29th January 2009


text:
Citation, commencement and application
1
1
This Order may be cited as the Approval of Code of Management Practice (Residential Management) (Service Charges) (England) Order 2009 and shall come into force on 6th April 2009.
2
This Order applies in relation to the management of residential properties in England only.
Approval of code of practice
2
“Service Charge Residential Management Code” ( ISBN 978 1 84219 168 2), which is to be published by the Royal Institution of Chartered Surveyors , is approved in relation to England.
Withdrawal of approval
3
1
The Secretary of State withdraws approval of “Service Charge Residential Management Code” (ISBN 0 85406 643 8) in so far as it applies to the management of residential properties in England.
Saving and transitional provision
4
Articles 2 and 3 do not apply for the purposes of section 87(7)(a) and (b) of the Leasehold Reform, Housing and Urban Development Act 1993 (use of code in proceedings) in relation to an act or omission alleged to have occurred before this Order comes into force.
Signed by authority of the Secretary of State for Communities and Local Government
Iain Wright
Parliamentary Under Secretary of State
Department for Communities and Local Government
4th March 2009


text:
Citation and interpretation
1
1
This Order may be cited as the Planning Act 2008 (Commencement No. 1) (England) Order 2009.
2
In this Order —
“ the Act ” means the Planning Act 2008.
Provisions coming into force on 23rd June 2009 in relation to England
2
The following provisions of the Act (so far as they are not yet in force) shall come into force, in relation to England on 23rd June 2009 — .
a
sections 188 and
b
section 238 and Schedule 13, so far as they give effect to the repeals specified in the Schedule to this Order.
Signed by authority of the Secretary of State for Communities and Local Government
Iain Wright
Parliamentary Under Secretary of State
Department for Communities and Local Government
20th May 2009


text:
Title and commencement
1
These Regulations may be cited as the Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2009 and come into force on 30th January 2009.
Amendments
2
The Offshore Marine Conservation (Natural Habitats &c.) Regulations 2007 are amended as follows.
3
In regulation 32, in paragraphs (4)(b)(i) and (5)(b)(i), for “the ability of any significant group of animals of that species” substitute “their ability”.
4
In regulation 39 —
a
in paragraph (1)(b), omit the words from “in such a way” to the end;
b
after paragraph (1) insert —
1A
For the purposes of paragraph (1)(b), disturbance of animals includes in particular any disturbance which is likely —
a
to impair their ability —
i
to survive, to breed or reproduce, or to rear or nurture their young; or
ii
in the case of animals of a hibernating or migratory species, to hibernate or migrate; or
b
to affect significantly the local distribution or abundance of the species to which they belong.
; and
c
for paragraphs (7) and (8) substitute —
7
The Secretary of State, or the Joint Nature Conservation Committee with the approval of the Secretary of State, may publish guidance as to the application of the offences in paragraph (1)(b) or (d) in relation to particular species of animals or particular activities.
8
In proceedings for an offence under paragraph (1)(b) or (d), a court must take into account any relevant guidance published under paragraph (7).
.
5
In regulation 40, after paragraph (6) insert —
6A
The defences in paragraphs (1) to (3) and (6) do not apply where it is shown by the prosecution that the defendant’s action did not satisfy the conditions in paragraph (6B).
6B
Those conditions are that —
a
there was no satisfactory alternative; and
b
the action was not detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range.
.
6
In regulation 44 —
a
in paragraph (1), after “arrangements”, insert “in accordance with paragraphs (3) to (5)”;
b
after paragraph (2) insert —
3
The joint committee must —
a
assess how and to what extent surveillance of the conservation status of each relevant habitat and species needs to be carried out, having regard to —
i
whether a habitat or species is a priority natural habitat type or priority species; and
ii
the conservation status of the habitat or species; and
b
advise the Secretary of State as to the need for such surveillance.
4
The Secretary of State must ensure that the necessary surveillance is carried out on an ongoing basis.
5
Surveillance for the purposes of this regulation may be carried out by —
a
the joint committee; or
b
any other person acting pursuant to, and in accordance with, an agreement with the Secretary of State or the joint committee.
6
In paragraphs (3) and (5) —
a
“the joint committee” means the Joint Nature Conservation Committee; and
b
a “relevant” habitat or species means a habitat or species in the offshore marine area of a type referred to in paragraph (1).
.
7
In regulation 45 —
a
for paragraph (1) substitute —
1
The Secretary of State must, as required in the light of information derived from surveillance carried out under regulation 44 or otherwise arranged for the purposes of Article 11 of the Habitats Directive, ensure that measures are taken for the purpose in paragraph (2).
;
b
in paragraph (3), for “Where the Secretary of State considers that measures are necessary under paragraph (1), he must” substitute “Where measures are required under paragraph (1), the Secretary of State must”.
8
In regulation 46 —
a
in paragraph (1), after “arrangements” insert “in accordance with paragraphs (3) to (5); and
b
after paragraph (2) insert —
3
The joint committee must, in relation to the species of animals listed in Annex IV (a) to the Habitats Directive which are found in the offshore marine area —
a
identify the risks of incidental capture and killing to which those species are subject, and the activities which give rise to such risks;
b
maintain a record of instances of incidental capture or killing of animals of those species of which the joint committee is aware as a result of the surveillance carried out under regulation 44, the monitoring carried out under this regulation, or otherwise;
c
assess to what extent monitoring of incidental capture and killing is needed, having regard to —
i
the risks identified under sub-paragraph (a);
ii
the instances of incidental capture or killing recorded under sub-paragraph (b);
iii
whether the species is a priority species; and
iv
the conservation status of the species; and
d
advise the Secretary of State as to the need for such monitoring.
4
The Secretary of State must ensure that the necessary monitoring of incidental capture and killing is carried out.
5
Monitoring for the purposes of this regulation may be carried out by —
a
the joint committee;
b
any other competent authority;
c
any other person acting pursuant to, and in accordance with —
i
an agreement with the Secretary of State or the joint committee; or
ii
a condition of a licence or other authorisation granted by a competent authority.
6
In paragraphs (3) and (5), “the joint committee” means the Joint Nature Conservation Committee.
.
9
For regulation 47(1) substitute —
1
The Secretary of State must, as required in the light of information derived from monitoring carried out under regulation 46 or otherwise arranged for the purposes of Article 12(4) of the Habitats Directive, make arrangements for further research, or ensure that conservation measures are taken, for the purpose specified in paragraph (2).
.
Hilary Benn
Secretary of State
Department for Environment, Food and Rural Affairs
5th January 2009


text:
Citation and commencement
1
These Regulations may be cited as the M42 (Junctions 3A to 7) (Actively Managed Hard Shoulder and Variable Speed Limits) (Amendment) Regulations 2009 and come into force on 21st July 2009.
Preliminary
2
The M42 (Junctions 3A to 7) (Actively Managed Hard Shoulder and Variable Speed Limits) Regulations 2005 are amended as follows.
Amendment to the Schedule (relevant roads)
3
In the Schedule, in sub-paragraph 1(a), for “19/0 + 80” substitute “16/5 + 50A”.
Signed by authority of the Secretary of State for Transport
C. D. Mole
Parliamentary Under Secretary of State
Department for Transport
22nd June 2009


text:
Citation and commencement
1
This Order may be cited as the Administrative Justice and Tribunals Council (Listed Tribunals) (Amendment) Order 2009.
2
1
Subject to paragraph (2), this Order comes into force on 8th December 2009.
2
Article 3(b) comes into force on 25th January 2010.
Amendment to the Administrative Justice and Tribunals Council (Listed Tribunals) Order 2007
3
In the table in article 2 of the Administrative Justice and Tribunals Council (Listed Tribunals) Order 2007 (list of tribunals) —
a
for the entry relating to the Valuation Tribunals in England substitute —
Valuation Tribunal for England Paragraph A1 of Schedule 11 to the Local Government Finance Act 1988 (c. 41)
;
b
after the entry relating to the National Lottery Commission insert —
Office of the Health Professions Adjudicator, except for its functions in respect of Northern Ireland section 98 of the Health and Social Care Act 2008 (c. 14)
.
Signed by authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
12th November 2009


text:
Citation and commencement
1
These Regulations may be cited as the Child Support (Miscellaneous Amendments) Regulations 2009 and shall come into force on 6th April 2009.
Amendment of the Maintenance Assessment Procedure Regulations
2
In Schedule 1 to the Child Support (Maintenance Assessment Procedure) Regulations 1992 (meaning of “child” for the purposes of the Act) , in paragraph 1(3)(b) (persons of 16 or 17 years of age who are not in full-time non-advanced education), for “or income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance or income-related employment and support allowance.”.
Amendment of the Arrears, Interest and Adjustment of Maintenance Assessments Regulations
3
In regulation 10(4) of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992 for the words “(1), (3A) or regulation 15D of the Social Security and Child Support (Decisions and Appeals) Regulations 1999” substitute “(1) or (3A)”.
Amendment of the Decisions and Appeals Regulations
4
1
The Social Security and Child Support (Decisions and Appeals) Regulations 1999 are amended as follows.
2
In regulation 3A (revision of child support decisions) —
a
wherever the words “Secretary of State” occur, substitute “Commission”;
b
wherever “he” occurs, substitute “it”; and
c
omit paragraphs (6) and (7).
3
In regulation 4 (late application for a revision), after the words “Secretary of State”, wherever they occur, insert “, the Commission”.
4
For regulation 6A substitute —
Supersession of child support decisions
6A
1
This regulation and regulation 6B set out the circumstances in which a decision may be made by the Commission under section 17 of the Child Support Act (decisions superseding earlier decisions).
2
A decision may be superseded by a decision of the Commission, on an application or acting under its own initiative, where —
a
there has been a relevant change of circumstances since the decision had effect or it is expected that a relevant change of circumstances will occur;
b
the decision was made in ignorance of, or was based on a mistake as to, some material fact; or
c
the decision was wrong in law (unless it was a decision made on appeal).
3
The circumstances in which a decision may be superseded include where the relevant change of circumstances causes the maintenance calculation to cease by virtue of paragraph 16 of Schedule 1 to the Child Support Act or where the Commission no longer has jurisdiction by virtue of section 44 of that Act.
4
A decision may be superseded by a decision of the Commission where the Commission receives an application for a variation of the decision under section 28G of the Child Support Act.
5
A decision may not be superseded in circumstances where it may be revised.
6
A decision to refuse an application for a maintenance calculation may not be superseded.
.
5
In regulation 6B (circumstances in which a child support decision may not be superseded) —
a
wherever the words “Secretary of State” occur, substitute “Commission”;
b
wherever “6A(3)” occurs, substitute “6A(2)(a)”;
c
omit paragraph (4)(d); and
d
in paragraph (4)(e) for “7B(1) to (3) or (20)” substitute “paragraph 4 of Schedule 3D”.
6
For regulation 7B substitute —
Effective date of a supersession decision
7B
Schedule 3D provides for cases and circumstances in which a supersession decision takes effect from a date other than the date specified in section 17(4) of the Child Support Act.
.
7
In regulation 7C (procedure where the Secretary of State proposes to supersede a decision under section 17 of the Child Support Act on his own initiative) for “Secretary of State” substitute “Commission”, for “his” substitute “its” and for “he” substitute “it”.
8
In regulation 15A (provision of information) wherever the words “Secretary of State” occur substitute “Commission” and wherever “he” occurs substitute “it”.
9
In regulation 15B (procedure in relation to an application made under section 16 or 17 of the Child Support Act in connection with a previously determined variation) wherever the words “Secretary of State” occur substitute “Commission” and wherever “he” occurs substitute “it”.
10
In regulation 15C (notification of a decision made under section 16 or 17 of the Child Support Act) —
a
wherever the words “Secretary of State” occur substitute “Commission” and wherever “he” occurs substitute “it”; and
b
omit paragraphs (6) to (8).
11
Omit regulation 15D (procedure in relation to the adjustment of the amount payable under a maintenance calculation).
12
In regulation 23 (child support decisions involving issues that arise on appeal in other cases) wherever the words “Secretary of State” occur substitute “Commission” and wherever “he” occurs substitute “it”.
13
In regulation 24 (child support appeals involving issues that arise in other cases) for “Secretary of State” substitute “Commission” and for “he” substitute “it”.
14
In regulation 30 (appeal against a decision which has been replaced or revised) after the words “Secretary of State”, wherever they occur, insert “, the Commission”.
15
In regulation 30A (appeals to appeal tribunals in child support cases) for the words from “of the Secretary of State” to the end substitute “of the Commission with respect to the adjustment of amounts payable under a maintenance calculation for the purpose of taking account of overpayments of child support maintenance or voluntary payments .”.
16
After Schedule 3C insert —
SCHEDULE 3D
EFFECTIVE DATES FOR SUPERSESSION OF CHILD SUPPORT DECISIONS
Regulation 7B
1
This Schedule sets out the exceptions to the general rule in section 17(4) of the Child Support Act (that is the rule that a supersession decision takes effect from the beginning of the maintenance period in which it is made or, where applicable, the beginning of the maintenance period in which an application for a supersession is made).
Expected change
2
Where the ground for the supersession decision is that a relevant change of circumstances is expected to occur or that a ground for a variation is expected to occur, the decision takes effect from the beginning of the maintenance period in which that change or that ground is expected to occur.
Decision backdated to when the change occurred
3
Where the ground for the supersession decision is that a relevant change of circumstances of the following kind has occurred, the decision takes effect from the beginning of the maintenance period in which the change occurred —
a
a qualifying child dies or ceases to be a qualifying child;
b
the person with care ceases to be a person with care in relation to a qualifying child;
c
the person with care, the non-resident parent or a qualifying child ceases to be habitually resident in the United Kingdom; or
d
paragraph 4(2) of Schedule 1 to the Child Support Act (flat rate for a non-resident parent whose partner is a non-resident parent) begins or ceases to apply.
Non-resident parent or partner on or off benefit
4
Where a supersession decision is made by the Commission acting on its own initiative on the basis of information or evidence which was also the basis of a decision made by the Secretary of State under section 8, 9 or 10 of the Act (decisions on claims for benefits), the decision takes effect from the beginning of the maintenance period in which that information is brought to the attention of the Commission.
New qualifying child
5
Paragraphs 6 and 7 apply where the ground for the supersession is that there is a new qualifying child in relation to the non-resident parent.
6
Where there is a new qualifying child in relation to the same person with care —
a
if the application is made by the non-resident parent, the decision takes effect from the beginning of the maintenance period in which the application is made; and
b
if the application is made by the person with care the decision takes effect from the beginning of the maintenance period in which notification of the application is given to the non-resident parent.
7
Where there is a new qualifying child in relation to a different person with care and an application for a maintenance calculation has been made under section 4 or section 7 of the Child Support Act, the decision takes effect from the beginning of the maintenance period in which notification of the calculation is given to the non-resident parent.
Series of changes waiting to be actioned
8
Where a decision is superseded on application and, in relation to that decision, a maintenance calculation is made to which paragraph 15 of Schedule 1 to the Child Support Act applies, the effective date of the calculation or calculations is the beginning of the maintenance period in which the change of circumstances to which the calculation relates occurred or is expected to occur and where it occurred before the date of the application for the supersession and was notified after that date, the date of that application.
Own initiative decision
9
Unless paragraph 4 applies, where a decision is superseded in a case where the Commission is required to give notice under regulation 7C, the decision takes effect from the first day of the maintenance period which includes the date which is 28 days after the date on which the Commission has given notice (oral or written) to the relevant persons under that regulation.
Supersession of tribunal decision made pending outcome of a related appeal
10
Where, in accordance with section 28ZB(5) of the Child Support Act (appeals involving issues that arise on appeal in other cases), the Commission makes a decision superseding the decision of the First-tier Tribunal or the Upper Tribunal, the superseding decision takes effect from the beginning of the maintenance period following the date on which the decision of the First-tier Tribunal or, as the case may be, the Upper Tribunal would have taken effect had it been decided in accordance with the determination of the Upper Tribunal or the court in the appeal referred to in section 28ZB(1)(b).
Supersession of tribunal decision made in error due to misrepresentation etc.
11
Where —
a
a decision made by the First-tier Tribunal or the Upper Tribunal is superseded on the ground that it was erroneous due to misrepresentation of, or that there was a failure to disclose, a material fact; and
b
the Commission is satisfied that the decision was more advantageous to the person who misrepresented or failed to disclose that fact than it would otherwise have been but for that error,
the superseding decision takes effect from the date on which the decision of the First-tier Tribunal or, as the case may be, the Upper Tribunal took, or was to take, effect.
Supersession of look alike case where law reinterpreted by the Upper Tribunal or a court
12
Any decision made under section 17 of the Child Support Act in consequence of a determination which is a relevant determination for the purposes of section 28ZC (cases of error) of that Act takes effect from the date of the relevant determination.
.
Amendment of the Maintenance Calculations and Special Cases Regulations
5
In regulation 5 of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 (nil rate) , omit paragraphs (g), (gg) and (h).
Amendment of the Information Regulations
6
For regulation 14 of the Child Support Information Regulations 2008 substitute —
Employment to which section 50 of the 1991 Act applies
14
1
For the purposes of section 50(1A) of the 1991 Act, employment as any member of a committee or sub-committee established under paragraph 11 of Schedule 1 to the Child Maintenance and Other Payments Act 2008 is prescribed as a kind of employment to which section 50(1) of that Act applies.
2
For the purposes of section 50(1C) of the 1991 Act, the following kinds of employment are prescribed as kinds of employment to which section 50(1B) of that Act applies —
a
the Comptroller and Auditor General;
b
any member of staff of the National Audit Office or any other person who carries out administrative work of that Office or who provides, or is employed in the provision of, services to it;
c
the Parliamentary Commissioner for Administration;
d
the Health Service Commissioner for Wales;
e
the Health Service Commissioner for Scotland;
f
any officer of any of the Commissioners referred to in paragraphs (c) to (e) above.
.
Saving
7
1
Regulation 4 has no effect in relation to 1993 scheme cases.
2
A 1993 scheme case is one in respect of which the provisions of the Child Support, Pensions and Social Security Act 2000 have not been brought into force in accordance with article 3 of the Child Support, Pensions, and Social Security Act 2000 (Commencement No.12) Order 2003 .
Signed by authority of the Secretary of State for Work and Pensions.
Kitty Ussher
Parliamentary Under Secretary of State,
Department for Work and Pensions
25th February 2009


text:
Citation, Commencement and Interpretation
1
1
This Order may be cited as the Legislative and Regulatory Reform (Regulatory Functions) (Amendment) Order 2009 and comes into force five days after the day on which it is made.
2
In this Order, “the 2007 Order ” means the Legislative and Regulatory Reform (Regulatory Functions) Order 2007 .
Amendment of the 2007 Order
2
The 2007 Order is amended as set out in the following articles.
3
In article 1(2), omit “and” at the end of paragraph (f) and at the end insert —
h
a county or county borough council in Wales;
i
a fire and rescue authority in Wales (not being a county or county borough council); and
j
a port health authority in Wales (not being a county or county borough council);
“local authority in Scotland” means a council constituted under section 2 of the Local Government etc (Scotland) Act 1994 ;
“local authority in Northern Ireland” means a district council constituted under section 1 of the Local Government Act (Northern Ireland) 1972 ;
“private sector bodies” means bodies or persons other than the following bodies or persons —
any Minister of the Crown, Government department or other emanation of the Crown;
any local authority;
the Greater London Authority;
any body corporate whose members are appointed by a Minister of the Crown, a Government department, a local authority, the Greater London Authority, or by a body corporate whose members are so appointed;
a company —
a majority of whose issued shares are held by or on behalf of any of the bodies or persons falling within paragraphs (a) to (d) above;
in which the majority of the voting rights are held by or on behalf of any of those bodies or persons;
a majority of whose board of directors can be appointed or removed by any of those bodies or persons; or
in which the majority of the voting rights are controlled by any of those bodies or persons, pursuant to an agreement with other persons;
a subsidiary of a company falling within paragraph (e) above;
“third sector bodies” means any organisations that exist wholly or mainly to provide benefits for society or the environment.
4
1
In Part 1 of the Schedule, omit the entry “A person authorised by the Secretary of State under section 245C of the Companies Act 1985 for the purposes of section 245B of that Act” and insert the following entries at the appropriate place —
British Hallmarking Council
,
Coal Authority
,
Criminal Records Bureau
,
Guardians of the Standard of Wrought Plate in Birmingham (the Birmingham Assay Office)” and “Guardians of the Standard of Wrought Plate within the town of Sheffield (the Sheffield Assay Office)
,
Her Majesty’s Revenue and Customs, so far as they relate to functions conferred by the Money Laundering Regulations 2007
,
Incorporation of Goldsmiths of the City of Edinburgh (the Edinburgh Assay Office)
,
Legal Services Board
,
Office for Tenants and Social Landlords
,
Office of the Renewable Fuels Agency
,
Postgraduate Medical Education and Training Board
,
Traffic Commissioners
,
Wardens and Commonalty of the Mystery of Goldsmiths of the City of London (the London Assay Office)
,
A professional body listed in Schedule 3 to the Money Laundering Regulations 2007
,
A person authorised by the Office for Tenants and Social Landlords to carry out functions pursuant to sections 201, 202, and 203 of the Housing and Regeneration Act 2008
.
2
After the last entry in Part 1 of the Schedule, insert —
PART 1A All the regulatory functions exercisable by the following bodies so far as relating to the regulation of private sector bodies or third sector bodies —
The Care Council for Wales, or Cygnor Gofal Cymru
The Care Quality Commission
The General Social Care Council
The Office for Standards in Education, Children’s Services and Skills
.
3
In Part 2 of the Schedule —
a
under the heading “Agricultural wages” after the entry “Agricultural Wages Act 1948” insert “Hill Farm Allowance Regulations 2008 ”;
b
under the heading “Agriculture” —
i
omit the following entries —
Beef Labelling (Enforcement) (England) Regulations 2000
Sheep and Goats (Records, Identification and Movement) (England) Order 2005
Council Regulation (EC) No. 1255/1999 on the common organisation of the market in milk and milk products
Council Regulation (EC) No. 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers
Council Regulation (EC) No. 1788/2003 establishing a levy in the milk and milk products sector
Commission Regulation EC No. 817/2004 laying down detailed rules for the application of Council Regulation (EC) No. 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund ( EAGGF )
;
ii
after the entry “Hill Farm Allowance Regulations 2007” insert —
Sheep and Goats (Records, Identification and Movements) (England) Order 2007
Beef and Veal Labelling Regulations 2008
;
iii
after the last entry insert —
Commission Regulation (EC) No. 1974/2006 of 15 December 2006 laying down detailed rules for the application of Council Regulation (EC) No. 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development ( EAFRD )
Council Regulation (EC) No. 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No. 1290/2005 , (EC) No. 247/2006 , (EC) No. 378/2007 and repealing Regulation (EC) No. 1782/2003
;
c
under the heading “Animal health and welfare” —
i
omit the following entries —
Protection of Animals Act 1911
BSE Monitoring (England) (Amendment) Regulations 2001
Bovine Products (Restriction on Placing on the Market) (England) (No. 2) Regulations 2005
Transmissible Spongiform Encephalopathies (No. 2) Regulations 2006
Eggs and Chicks (England) Regulations 2007
Veterinary Medicines Regulations 2007
Council Regulation (EEC) No. 2782/75 on the production and marketing of eggs for hatching and of farmyard poultry chicks
Commission Regulation (EEC) No. 1868/77 laying down detailed rules of application for Regulation (EEC) No. 2782/75
Council Regulation (EEC) No. 1907/90 on certain marketing standards of eggs
Commission Regulation (EC) No. 1084/2003 (concerning the examination of variations to the terms of a marketing authorisation for medicinal products for human use and veterinary medicinal products granted by a competent authority of a member State)
Commission Regulation (EC) No. 2295/2003 introducing detailed rules for implementing Council Regulation (EEC) No. 1907/90
;
ii
after the entry “Avian Influenza (Fees for the Licensed Vaccination of Birds) (England) Regulations 2007” insert —
Bluetongue Regulations 2008
Eggs and Chicks (England) Regulations 2008
Transmissible Spongiform Encephalopathies (England) Regulations 2008
Veterinary Medicines Regulations 2008
;
iii
after the entry “Council Regulation (EC) No. 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs” insert “Council Regulation (EC) No. 1028/2006 of 19 June 2006 on marketing standards for eggs ”;
iv
after the last entry insert —
Commission Regulation (EC) No. 557/2007 of 23 May 2007 laying down detailed rules for implementing Council Regulation (EC) No. 1028/2006 on marketing standards for eggs
Commission Regulation (EC) No. 617/2008 of 27 June 2008 laying down detailed rules for implementing Regulation (EC) No. 1234/2007 as regards marketing standards for eggs for hatching and farmyard poultry chicks
Common Regulation (EC) No. 1234/2008 of 24 November 2008 concerning the examination of variations to the terms of marketing authorisations for medicinal products for human use and veterinary medicinal products (Text with EEA relevance)
;
d
in the heading “Companies”, after the word “Companies”, insert “and other businesses”;
e
under the heading “Companies” in the entry “Part 42 Companies Act 2006” for “Part” substitute “Parts 5, 41 and”;
f
under the heading “Fish and fisheries” omit the entry “Sea Fisheries Act 1868”;
g
under the heading “Food standards and safety” omit the entry “Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 2005”;
h
under the heading “Horticulture” —
i
omit the following entries —
Regulation (EEC) No. 234/68 of the Council on the establishment of a common organisation of the market in live trees and other plants, bulbs, roots and the like, cut flowers and ornamental foliage
Council Regulation (EC) No. 2200/96 on the common organization of the market in fruit and vegetables
Commission Regulation (EC) No. 1148/2001 on checks on conformity to the marketing standards applicable to fresh fruit and vegetables
Commission Regulation (EC) No. 408/2003 amending Regulation (EC) No. 1148/2001 on checks on conformity to the marketing standards applicable to fresh fruit and vegetables
;
ii
after the last entry insert —
Commission Regulation (EC) No. 1580/2007 of 21 December 2007 laying down implementing rules of Council Regulations (EC) No. 2200/96 , (EC) No. 2201/96 and (EC) No. 1182/2007 in the fruit and vegetable section
;
i
under the heading “Maritime transport” after the last entry insert —
Merchant Shipping and Fishing Vessels (Control of Noise at Work) Regulations 2007
Merchant Shipping and Fishing Vessels (Control of Vibration at Work) Regulations 2007
Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Carcinogens and Mutagens) Regulations 2007
;
j
under the heading “Road transport” after the entry “Motor Vehicles (EC Type Approval) Regulations 1998” insert “Motor Vehicles (Driving Licences) Regulations 1999 ;
k
before the heading “Water” insert —
Vehicles and vehicle operators
Public Passenger Vehicles Act 1981 ,
Goods Vehicles (Licensing of Operators) Act 1995
;
l
under the heading “Weights and measures” omit the entry “Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2006” and after the last entry insert “Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 ”;
m
at the end of Part 2 of the Schedule insert —
Agricultural, animal health and welfare and horticulture
Council Regulation (EC) No. 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)
.
4
In Part 3 of the Schedule —
a
under the heading “Animal health and welfare” omit the entry “Veterinary Medicines Regulations 2007” and replace with “Veterinary Medicines Regulations 2008 ”;
b
under the heading “Companies” omit “Part 11 of the Companies Act 1985” and “Business Names Act 1985” and replace with “Parts 5 and 41 of the Companies Act 2006 ”;
c
under the heading “Consumer and business protection” omit the entry “Trading Representations (Disabled Persons) Act 1958”;
d
under the heading “Entertainment” omit the entries “Theatres Act 1968” and “Cinemas Act 1985”;
e
under the heading “Food standards and safety”, after the last entry insert “Infant Formula and Follow-on Formula (England) Regulations 2007 ”;
f
under the heading “Intellectual property”, after the last entry insert “London Olympic Games and Paralympic Games Act 2006 ”;
g
under the heading “Public health and safety” —
i
omit the entries “Explosives Act 1923”, “Electro-Medical Equipment ( EEC Requirements) Regulations 1988”, and “Controls on Dangerous Substances and Preparations Regulations 2006”, and
ii
after the last entry insert “REACH Enforcement Regulations 2008 ”;
h
under the heading “Road transport” in the entry “Road Traffic Act (Consequential Provisions) Act 1988” omit the word “Act” the first time it occurs.
5
After Part 4 of the Schedule to the 2007 Order, insert Parts 5 to 13 as set out in the Schedule to this Order.
Ian Lucas
Minister for Business and Regulatory Reform,
Department for Business, Innovation and Skills
10th November 2009