text:
Citation, commencement and effect
1
1
This Order may be cited as the Enactment of Extra-Statutory Concessions Order 2009 and shall come into force on 6th April 2009.
2
Articles 2 to 17 have effect in accordance with the provisions of those articles.
The Income Tax (Earnings and Pensions) Act 2003
Certain benefits provided under old schemes not taxed
2
1
In the Income Tax (Earnings and Pensions) Act 2003 , after section 395 insert —
Benefits under old section 222 schemes not taxed by virtue of section 394
395A
Section 394 does not apply to a benefit provided under an employer–financed retirement benefits scheme if —
a
immediately before 6th April 1980 the scheme was approved under section 222 of ICTA 1970 ,
b
the scheme was not approved under Chapter II of Part II of FA 1970 ,
c
no material changes have been made to the terms on which benefits are provided under the scheme after 5th April 1980, and
d
no contributions have been paid under the scheme after that date.
.
2
The amendment made by this article has effect for the tax year 2009-10 and subsequent tax years.
The Income Tax (Trading and Other Income) Act 2005
Subsistence expenses
3
1
In the Income Tax (Trading and Other Income) Act 2005 , after section 57 insert —
Subsistence expenses
Expenses incurred by traders on food and drink
57A
1
In calculating the profits of a trade, a deduction is allowed for any reasonable expenses incurred on food or drink for consumption by the trader at a place to which the trader travels in the course of carrying on the trade, or while travelling to a place in the course of carrying on the trade, if conditions A and B are met.
2
Condition A is met if —
a
a deduction is allowed for the expenses incurred by the trader in travelling to the place, or
b
where the expenses of travelling to the place are not incurred by the trader, a deduction would be allowed for them if they were.
3
Condition B is met if —
a
at the time the expenses are incurred on the food or drink, the trade is by its nature itinerant, or
b
the trader does not travel to the place more than occasionally in the course of carrying on the trade and either —
i
the travel in connection with which the expenses are incurred on the food or drink is undertaken otherwise than as part of the trader’s normal pattern of travel in the course of carrying on the trade, or
ii
the trader does not have such a normal pattern of travel.
.
2
The amendment made by this article has effect for the tax year 2009-10 and subsequent tax years.
The Taxation of Chargeable Gains Act 1992
Disposals where assets lost or destroyed, or become of negligible value
4
1
Section 24 of the Taxation of Chargeable Gains Act 1992 (disposals where assets lost or destroyed, or become of negligible value) is amended as follows.
2
After subsection (1) insert —
1A
A negligible value claim may be made by the owner of an asset (“P”) if condition A or B is met.
1B
Condition A is that the asset has become of negligible value while owned by P.
1C
Condition B is that —
a
the disposal by which P acquired the asset was a no gain/no loss disposal,
b
at the time of that disposal the asset was of negligible value, and
c
between the time when the asset became of negligible value and the disposal by which P acquired it, each other disposal (if any) of the asset was a no gain/no loss disposal.
.
3
In subsection (2), for “Where the owner of an asset which has become of negligible value makes a claim to that effect:” substitute “Where a negligible value claim is made:”.
4
In subsection (3) —
a
for “subsections (1) and (2) above” substitute “this section”;
b
for “where either of those subsections applies in accordance with this subsection,” substitute “where a building or structure is so regarded,”.
5
After subsection (3) insert —
4
For the purposes of subsection (1C), a no gain/no loss disposal is one which, by virtue of any of the no gain/no loss provisions, neither a gain nor a loss accrues to the person making the disposal.
.
6
The amendments made by this article have effect on and after 6th April 2009 (and it does not matter whether the conditions for making a negligible value claim were met before or after that date).
Shares in close company transferring assets at an undervalue
5
1
Section 125 of the Taxation of Chargeable Gains Act 1992 (shares in close company transferring assets at an undervalue) is amended as follows.
2
For subsection (4) substitute —
4
This section does not apply in the following cases.
Case 1
Case 1 is where the transfer of the asset is a disposal to which section 171(1) applies (transfers within a group: general provisions).
Case 2
Case 2 is where the transferee is a participator, or an associate of a participator, in the company and an amount equal to the undervalue amount is treated as —
a distribution within section 209(2)(b) or (4) of the Taxes Act (meaning of “distribution”) , or
a capital distribution within section 122 of this Act (distribution which is not a new holding within Chapter 2) .
Case 3
Case 3 is where the transferee is an employee of the company and —
an amount equal to the undervalue amount is treated as the employee’s employment income, and
no part of that amount is treated as exempt income.
.
3
After subsection (5) insert —
6
In this section —
“associate” has the meaning given by section 417 of the Taxes Act;
“employee” has the meaning given by section 4 of ITEPA 2003 (as read with section 5(2) of that Act);
“employment income” has the meaning given by section 7(2) of ITEPA 2003;
“exempt income” has the meaning given by section 8 of ITEPA 2003;
“participator” has the meaning given by section 417 of the Taxes Act;
“undervalue amount” means the amount by which the amount or value of the consideration for the transfer is less than the market value of the asset transferred.
.
4
The amendments made by this article have effect for the purposes of computing the gain accruing on any disposal of shares in a close company on or after 6th April 2009.
Roll-over relief: activities other than trades
6
1
Section 158 of the Taxation of Chargeable Gains Act 1992 (roll-over relief: activities other than trades and interpretation) is amended as follows.
2
In subsection (1), after “only if they are used by the body,” insert —
and
f
in relation to the activities of a company owned by such an unincorporated association or other body (“the parent body”), but in the case of any assets within head A of class 1 only if they are both occupied and used by the parent body, and in the case of any other assets only if they are used by the parent body,
.
3
After subsection (1) insert —
1A
For the purposes of subsection (1)(f) the parent body owns the company if —
a
it holds not less than 90% of the company’s ordinary share capital,
b
it is beneficially entitled to not less than 90% of the profits available for distribution to the equity holders of the company, and
c
it would be beneficially entitled on a winding up to not less than 90% of the assets of the company available for distribution to equity holders.
1B
For the purposes of subsection (1A) —
a
“ordinary share capital” has the meaning given by section 832(1) of the Taxes Act and also includes, in relation to a company that has no share capital, any interests in the company possessed by members of the company, and
b
the meaning of “equity holder” and method of determination of profits or assets available for distribution shall be that prescribed for the purposes of paragraph 8 of Schedule 7AC by sub-paragraphs (2) and (3) of that paragraph.
.
4
The amendments made by this article have effect in relation to disposals on or after 6th April 2009.
Period of absence due to work of spouse or civil partner
7
1
Section 223(3) of the Taxation of Chargeable Gains Act 1992 (private residences: amount of relief) is amended as follows.
2
In paragraph (b), after “United Kingdom” insert “or lived with a spouse or civil partner who worked in such an employment or office”.
3
In paragraph (c), at the end insert “and in addition,”.
4
After paragraph (c) insert —
d
any period of absence not exceeding 4 years (or periods of absence which together did not exceed 4 years) throughout which the individual lived with a spouse or civil partner in respect of whom paragraph (c) applied in respect of that period (or periods),
.
5
The amendments made by this article have effect in relation to disposals on or after 6th April 2009.
Resumption of residence after period of absence due to work
8
1
Section 223 of the Taxation of Chargeable Gains Act 1992 (private residences: amount of relief) is amended as follows.
2
In subsection (3), in the words after paragraph (d) (inserted by article 7 of this Order), for the words from “if both before and after the period” to the end substitute “if conditions A and B are met.”.
3
After subsection (3) insert —
3A
Condition A is that before the period there was a time when the dwelling-house was the individual’s only or main residence.
3B
Condition B is that after the period —
a
in a case falling within paragraph (a), (b), (c) or (d) of subsection (3), there was a time when the dwelling-house was the individual’s only or main residence,
b
in a case falling within paragraph (b), (c) or (d) of that subsection, the individual was prevented from resuming residence in the dwelling-house in consequence of the situation of the individual’s place of work or a condition imposed by the terms of the individual’s employment requiring the individual to reside elsewhere, being a condition reasonably imposed to secure the effective performance by the employee of his duties, or
c
in a case falling within paragraph (b), (c) or (d) of that subsection, the individual lived with a spouse or civil partner to whom paragraph (b) of this subsection applied.
.
4
The amendments made by this article have effect in relation to disposals on or after 6th April 2009.
Disposals of private residence in connection with divorce, etc
9
1
After section 225A of the Taxation of Chargeable Gains Act 1992 (private residence held by personal representatives) insert —
Disposals in connection with divorce, etc
225B
1
Where an individual —
a
ceases to live with his spouse or civil partner in a dwelling-house or part of a dwelling-house which is their only or main residence, and
b
subsequently disposes of, or of an interest in, the dwelling-house or part to the spouse or civil partner,
then, if conditions A to C are met, sections 222 to 224 shall apply as if the dwelling-house or part continued to be the individual’s only or main residence until the disposal.
2
Condition A is that the disposal mentioned in subsection (1)(b) is pursuant to —
a
an agreement between the individual and his spouse or civil partner made in contemplation of or otherwise in connection with the dissolution or annulment of the marriage or civil partnership, their judicial separation or the making of a separation order in respect of them, or their separation in other circumstances such that the separation is likely to be permanent, or
b
an order of a court —
i
made on granting an order or a decree of divorce or nullity of marriage, for the dissolution or annulment of the civil partnership, or for judicial separation,
ii
made in connection with the dissolution or annulment of the marriage or civil partnership or the parties’ judicial separation and which is made at any time after the granting of such an order or decree,
iii
made at any time under section 22A, 23, 23A, 24 or 24A of the Matrimonial Causes Act 1973 ,
iv
made at any time under article 25 or 26 of the Matrimonial Causes (Northern Ireland) Order 1978 ,
v
made under section 8 of the Family Law (Scotland) Act 1985 , including incidental orders made by virtue of section 14 of that Act, or
vi
made at any time under any provision of Schedule 5 to the Civil Partnership Act 2004 that corresponds to any of the provisions mentioned in paragraphs (iii) and (iv).
3
Condition B is that in the period between the individual ceasing to reside in the dwelling-house or part of the dwelling-house and the disposal to the spouse or civil partner, the dwelling-house or part continues to be the only or main residence of the spouse or civil partner.
4
Condition C is that the individual has not given notice under section 222(5) that another dwelling-house or part of a dwelling-house is to be treated as the individual’s main residence for any part of that period.
5
Section 223 (as applied by this section) shall apply only on the making of a claim by the individual.
.
2
The amendment made by this article has effect in relation to disposals on or after 6th April 2009.
Sale of private residence under certain agreements with employer, etc
10
1
After section 225B of the Taxation of Chargeable Gains Act 1992 (inserted by article 9 of this Order) insert —
Sale of private residence under certain agreements with employer, etc
225C
1
This section applies where —
a
an individual disposes of, or of an interest in, a dwelling-house or a part of a dwelling-house which is the individual’s only or main residence (“the initial disposal”),
b
the individual does so as a consequence of a change to the situation of the individual’s place of work or that of a co-owner of the dwelling-house or the interest, being a change that is required by the employer of the individual or the co-owner, and
c
the initial disposal is under a home purchase agreement.
2
If —
a
under the terms of the agreement the individual receives, within three years of the initial disposal, a share of any profit made by the purchaser upon the purchaser’s disposal of, or of an interest in, the dwelling-house or part of the dwelling-house, and
b
the receipt of that sum would be treated (apart from this section) as a disposal falling within section 22 (disposal where capital sums derived from assets),
that receipt shall be treated for the purposes of this Act as a gain attributable to the initial disposal but accruing to the individual at the time the sum is received.
3
In this section —
“home purchase agreement” means an agreement —
made with the employer or a person operating under an agreement with the employer (“the purchaser”),
which includes a term entitling the individual to receive a share of any such profit as is mentioned in subsection (2)(a);
“co-owner”, in relation to any individual (“A”), means another individual who holds an interest jointly or in common with A, whether or not the interests of the co-owners are equal.
.
2
The amendment made by this article has effect in relation to disposals on or after 6th April 2009.
Employee trusts
11
1
The Taxation of Chargeable Gains Act 1992 is amended as follows.
2
For the heading of section 239 substitute “Disposals to trustees of employee trusts”.
3
After section 239 insert —
Relief for disposals by trustees of employee trusts
239ZA
1
Any gain accruing to trustees on the disposal of an asset comprised in the settled property of an employee trust shall not be a chargeable gain where the disposal is —
a
a disposal to a beneficiary, or
b
a deemed disposal under section 71(1),
if the conditions in subsection (2) are satisfied.
2
The conditions are that —
a
an amount that is equal to or exceeds the market value of the asset is chargeable to income tax as employment income within the meaning of section 7 of ITEPA 2003 (meaning of “employment income” etc);
b
neither the beneficiary nor (if different) the person who is liable for the income tax is an excluded person;
c
no actual consideration (as opposed to consideration deemed to be given by any enactment relating to the taxation of chargeable gains) is given directly or indirectly to the trustees for the asset; and
d
Schedule 7D does not to any extent prevent the gain being a chargeable gain.
3
The following are excluded persons —
a
a participator in a company, shares in or securities of which are comprised in the settled property;
b
a participator in a close company that has provided any property that has become comprised in the settled property;
c
a person who was a participator in a company within paragraph (a) or (b) at any time during the 10 years before the shares, securities or other property concerned became comprised in the settled property;
d
a person connected with a person within any of paragraphs (a) to (c).
4
For the purposes of subsection (3) —
a
“participator” has the same meaning as in section 239 and shall, in the case of a company which is not a close company, be construed as a person who would be a participator in the company if it were a close company, but
b
a person is not a participator unless either —
i
that person is entitled to, or entitled to rights enabling the acquisition of, 5% or more of the share capital of the company or any class of shares in the company, or
ii
that person would be entitled to 5% or more of the company’s assets on winding-up.
5
In determining whether a person is connected with another for the purposes of this section, section 286 shall apply as if subsection (8) of that section also mentioned uncle, aunt, nephew and niece.
6
In this section —
“beneficiary” means a person within paragraph (a) or (b) of section 86(1) of the Inheritance Tax Act 1984 (trusts for benefit of employees);
“close company” includes a company which, if resident in the United Kingdom, would be a close company as defined in section 288;
“employee trust” means a settlement of property to which section 86 of the Inheritance Tax Act 1984 applies or would apply but for subsection (3) of that section;
“market value” means the market value for the purposes of capital gains tax (as to which see section 272).
.
4
The amendments made by this article have effect in relation to disposals on or after 6th April 2009.
Works of art etc.
12
1
In subsection (2) of section 258 of the Taxation of Chargeable Gains Act 1992 (works of art etc) —
a
for the words from “with respect to which” to “has been given” substitute “which is property which has been or could be designated under section 31 of the Inheritance Tax Act 1984 (“the 1984 Act ”) (designation and undertakings) ”;
b
in paragraph (a), for the words “the Inheritance Tax Act 1984 (“the 1984 Act”)” substitute “the 1984 Act”;
c
in paragraph (b), omit the words from “or in accordance with” to “Finance Act 1946”.
2
The amendment made by this article has effect in relation to disposals on or after 6th April 2009.
The Inheritance Tax Act 1984
Foreign-owned works of art
13
1
The Inheritance Tax Act 1984 is amended as follows.
2
In section 5(1)(b) (property excluded from estate immediately before death) , insert at the end “or a foreign-owned work of art which is situated in the United Kingdom for one or more of the purposes of public display, cleaning and restoration (and for no other purpose).”.
3
In section 64 (charge at ten-year anniversary), the existing text becomes subsection (1) of that section; and after that subsection insert —
2
For the purposes of subsection (1) above, a foreign-owned work of art which is situated in the United Kingdom for one or more of the purposes of public display, cleaning and restoration (and for no other purpose) is not to be regarded as relevant property.
.
4
In section 272 (general interpretation), insert at the appropriate places —
“foreign-owned”, in relation to property, means property in the case of which the person beneficially entitled to it is domiciled outside the United Kingdom or, if the property is comprised in a settlement, in the case of which the settlor was domiciled outside the United Kingdom when the property became comprised in the settlement;
, and
“public display” means display to which the public are admitted, on payment or not, but does not include display with a view to sale;
.
5
The amendments made by this article have effect in relation to deaths and ten-year anniversaries occurring on or after 6th April 2009.
Decorations and awards
14
1
In section 6 of the Inheritance Tax Act 1984 (excluded property) , after subsection (1A) insert —
1B
A decoration or other award is excluded property if —
a
it was awarded for valour or gallant conduct, and
b
it has never been the subject of a disposition for a consideration in money or money’s worth.
1C
In subsection (1B) the reference to a disposition of the decoration or other award includes —
a
a reference to a disposition of part of it, and
b
a reference to a disposition of an interest in it (or in part of it).
.
2
The amendment made by this article has effect in relation to transfers of value or other events occurring on or after 6th April 2009.
The Oil Taxation Act 1975
Oil allowance
15
1
Section 8(4) of the Oil Taxation Act 1975 (oil allowance) is amended as follows.
2
For paragraphs (a) and (b) substitute —
a
to the extent that his share of that oil allowance does not exceed his share of the oil (other than gas) won and saved from the field in the period, as if —
i
in computing the gross profit or gross loss accruing to him in the period all amounts relating to gas fell to be disregarded, and
ii
in the definition of C, for “the oil won and saved” there were substituted “the oil (other than gas) won and saved”; and
b
to the extent, if any, that his share of that oil allowance exceeds his share of the oil (other than gas) so won and saved, as if —
i
in computing the gross profit or gross loss so accruing all amounts relating to oil other than gas fell to be disregarded, and
ii
in the definition of C, for “the oil won and saved” there were substituted “the gas won and saved”.
.
3
The amendments made by this article have effect in relation to chargeable periods ending on or after 6th April 2009.
The Alcoholic Liquor Duties Act 1979
Spirits contained in flavourings
16
1
In the Alcoholic Liquor Duties Act 1979 , before section 6 insert —
Exemption from duty on spirits in flavourings
5A
1
Duty shall not be payable on any spirits contained in flavourings imported into the United Kingdom or used in the production of flavourings if the flavourings are for use in —
a
the preparation of food for human consumption, or
b
the preparation of any beverage of an alcoholic strength not exceeding 1.2 per cent.
2
In subsection (1) above “flavourings” mean any products falling within CN Code 3302 of the Combined Nomenclature established by Council Regulation (EEC) No 2658/87 as amended by Commission Regulation (EC) No 1832/2002 .
.
2
The amendment made by this article has effect where the duty would otherwise be charged on or after 6th April 2009.
The Value Added Tax Act 1994
Value of imported goods
17
1
In section 21(6D)(b) of the Value Added Tax Act 1994 (value of imported goods) , insert at the end “in circumstances where the exportation and subsequent importation were effected to obtain the benefit of that subsection”.
2
The amendment made by this article has effect in relation to importations on or after 6th April 2009.
Tony Cunningham
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
18th March 2009


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
This Order —
a
may be cited as the Spring Traps Approval (Variation) (England) Order 2009;
b
comes into force on 1st October 2009; and
c
applies in relation to England only .
Variation of the Spring Traps Approval Order 1995
2
Part 2 (England) of the Schedule to the Spring Traps Approval Order 1995 is varied as follows —
a
in the entry for the DOC 200 trap, in Column (2) (conditions), after “grey squirrels,” insert “mink,”;
b
in the entry for the DOC 250 trap, in Column (2), after “grey squirrels,” insert “mink, rabbits,”;
c
after the entry for the Nooski trap, insert the following two entries —
in Column (1)
Type and make of trap
in Column (2)
Conditions
“ Nooski mouse trap manufactured by or under the authority of Nooski Trap Systems, 50 White Street, Rotorua, New Zealand.
The trap shall be used only for the purpose of killing mice.
The trap must be set in a natural or artificial tunnel which is suitable for minimising the chances of injuring or killing non-target species whilst not compromising the capture and killing of target species.
Skinns Superior Squirrel Trap manufactured by or under the authority of E. Skinns Ltd. , Witham Road, Woodhall Spa, Lincolnshire, LN10 6QX.
The trap shall be used only for the purpose of killing grey squirrels.
The trap must be set in a natural or artificial tunnel which is suitable for minimising the chances of injuring or killing non-target species whilst not compromising the capture and killing of target species.”;
d
after the entry for the Solway Spring Trap Mk 6, insert the following two entries —
in Column (1)
Type and make of trap
in Column (2)
Conditions
“ WCS Collarum manufactured by or under the authority of Wildlife Control Supplies, LLC, P.O. Box 538, East Granby, CT 06026, USA.
The trap shall be used only for the purpose of restraining foxes.
WCS Tube Trap manufactured by or under the authority of Wildlife Control Supplies, LLC, P.O. Box 538, East Granby, CT 06026, USA.
The trap shall be used only for the purpose of killing grey squirrels, mink, rats, stoats and weasels.
The trap must be set in the tunnel provided by the manufacturer of the trap for use in the UK and must be used in accordance with the instructions (if any) provided by the manufacturer.”.
Huw Irranca-Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
5th August 2009


text:
Citation and commencement
1
This Order may be cited as the Crime and Disorder Act 1998 (Responsible Authorities) Order 2009 and shall come into force on 21st May 2009.
Combined areas
2
1
The functions conferred by sections 6 and 7 of the Crime and Disorder Act 1998 are to be carried out in relation to the local government areas of Gedling Borough Council, Rushcliffe Borough Council and Broxtowe Borough Council as if they constituted only one area (for the purposes of this article, “the combined area”).
2
The persons who for the purposes of Chapter 1 of the Crime and Disorder Act 1998 are to be taken as the responsible authorities in relation to the combined area are the persons who comprise every person who, apart from this Order, would be a responsible authority in relation to any one or more of the areas included in the combined area.
Alan Campbell
Parliamentary Under–Secretary of State
Home Office
20th April 2009


text:
1
These Regulations may be cited as the Landfill Tax (Amendment) Regulations 2009 and come into force on 1st September 2009.
2
1
The Landfill Tax Regulations 1996 are amended as follows —
2
In the heading to Part III for “AND RECORDS” substitute “, RECORDS AND INFORMATION AREAS”.
3
In regulation 11(1) (making of returns) for the words “on the form” to the end substitute “in a form that is determined by the Commissioners in a public notice.”.
4
In regulation 13(4) (correction of errors) for the words “Box 2” to the end substitute “the boxes for underdeclarations and overdeclarations as appropriate in the form referred to in regulation 11(1)”.
5
In regulation 16(1)(c) (records) —
a
after “any record made” insert “on or before 31st August 2009”;
b
after “Part IX of these Regulations” insert “before that Part was revoked with effect from 1st September 2009, or for the purpose of regulation 16A(4) below”.
6
After regulation 16 insert —
Information areas
16A
1
An officer of Revenue and Customs is authorised to require a person to designate a part of a landfill site (an “information area”), and a person must designate an information area if so required.
2
Where material at a landfill site is not going to be disposed of as waste and the Commissioners consider, or an officer of theirs considers, there to be a risk to the revenue —
a
the material must be deposited in an information area; and
b
a registrable person must give the Commissioners, or an officer of theirs, information and maintain a record in accordance with paragraph 4 below.
3
A designation ceases to have effect if a notice in writing to that effect is given to a registrable person by the Commissioners or by an officer of Revenue and Customs.
4
A registrable person must maintain a record in relation to the information area of the following information, and give this information to the Commissioners or an officer of theirs if requested —
a
the weight and description of all material deposited there;
b
the intended destination or use of all such material and, where any material has been removed or used, the actual destination or use of that material;
c
the weight and description of any such material sorted or removed.
7
In regulation 21(2)(a) (entitlement to credit) after sub-paragraph (ii) insert —
or (iii) removed for use in restoration of a relevant site and the material involved has previously been used to create or maintain temporary hard standing, to create or maintain a temporary screening bund or to create or maintain a temporary haul road;
.
8
In regulation 21 at the end insert —
7
In this Regulation —
“disposal area” means any area of a landfill site where any disposal takes place;
“haul road” means any road within the landfill site which gives access to a disposal area;
“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;
“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.
9
Revoke Part IX (temporary disposals).
10
In regulation 42(2) (basic method of determination of weight of material disposed of) for the words “or Part IX of these Regulations require” substitute “requires”.
11
Omit Form 5 in the Schedule to the Regulations.
Dave Hartnett
Bernadette Kenny
Two of the Commissioners for Her Majesty’s Revenue and Customs
22nd July 2009


text:
This Order may be cited as the Health Professions Council (Registration and Fees) (Amendment) Rules Order of Council 2009 and comes into force on 1st April 2009.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) Regulations 2009.
2
The Regulations shall come into force on 30th March 2009 other than for the purposes of regulation 28 which shall come into force on 6th April 2009.
3
In these Regulations, the “ principal Regulations ” means the Motor Vehicles (Driving Licences) Regulations 1999 .
Amendment of the principal Regulations
2
The principal Regulations shall be amended in accordance with regulations 3 to 32 subject to regulation 33 (savings and transitional provisions).
3
In regulation 3 (interpretation) —
a
after the definition of “ LGV trainee driver’s licence” insert —
“manoeuvres test” means a test consisting of the activities and manoeuvres specified in Schedule 8A and includes such a test conducted as part of an extended driving test;
;
b
after the definition of “mobile project vehicle” insert —
“module 1 pass certificate” means a certificate relating to the passing of a manoeuvres test in the form set out in Part 1 of Schedule 10D;
“module 1 statement of failure” means a statement in the form set out in Part 2 of Schedule 10D regarding the failing of a manoeuvres test;
; and
c
in the definition of “practical test” for “the part” to the end substitute
the part of it consisting of that test; and the term —
a
includes such a test conducted as part of an extended driving test; and
b
excludes the manoeuvres test
.
4
In regulation 3A (meaning of “theory test”) —
a
at the end of paragraph (1)(a) omit “and”; and
b
after paragraph (1)(a) insert —
aa
where a test is to be conducted, by virtue of regulation 40(1A), in three parts, the part, described in regulation 40(1A)(a), which consists of the standard test of driving theory and the standard test of hazard perception; and
.
5
In regulation 22 (interpretation of Part III) in the definition of “DSA examiner” for “practical” substitute “manoeuvres tests, practical tests”.
6
In regulation 23 (persons by whom theory tests may be conducted) in paragraph (5) after “conduct” insert “manoeuvres tests or”.
7
In regulation 24 (persons by whom practical and unitary tests may be conducted) —
a
in the heading after “whom” insert “manoeuvres,”;
b
in paragraph (1) for “practical” in the first place where it appears substitute “manoeuvres test, practical test”;
c
in paragraph (2) for “practical” substitute “manoeuvres test, practical test”;
d
at the beginning of paragraph (2A) add “A manoeuvres test or”; and
e
in paragraph (3) for “practical” substitute “manoeuvres tests, practical tests”.
8
In regulation 25 (revocation of authority to conduct tests) in paragraph (1) for “unitary, practical” substitute “unitary tests, manoeuvres tests, practical tests”.
9
In regulation 30 (fees for theory tests) in paragraph (2) for “£30” substitute “£31”.
10
In regulation 31 (applications for practical and unitary tests: applicants in person) —
a
in the heading after “for” insert “manoeuvres,”;
b
in paragraph (1) for “practical” substitute “manoeuvres test, practical test”; and
c
in paragraph (3) for “practical or, as the case may be, a unitary test” substitute “manoeuvres test, practical test or unitary test, as the case may be,”.
11
In regulation 32 (applications for practical tests: motor bicycle instructors) —
a
in the heading after “for” insert “manoeuvres or”;
b
in paragraph (1) after “appointment for” insert “a manoeuvres test or”;
c
in paragraph (2) for “practical” substitute “manoeuvres tests, practical tests”; and
d
in paragraph (5) —
i
after “paragraph (4) for” insert “a manoeuvres test or”;
ii
after “for a test” insert “of the same sort”.
12
In regulation 34 (eligibility to reapply for practical or unitary test) —
a
in the heading after “for” insert “manoeuvres,”;
b
in paragraph (1) for “practical” substitute “manoeuvres test, practical test”; and
c
in paragraph (3) before sub-paragraph (a) insert —
za
in the case of a manoeuvres test, 3 clear working days,
.
13
In regulation 35 (fees in respect of practical or unitary tests) —
a
in the heading after “of” insert “manoeuvres,”;
b
in paragraph (1) for “practical” substitute “manoeuvres test, practical test”;
c
in paragraph (2) after “(3ZA),” insert “(3ZB), (3ZC),”;
d
in paragraph (3) after “(3ZA)” insert “(3ZB), (3ZC),”;
e
for paragraph (3ZA) substitute —
3ZA
Subject to paragraphs (3C) and (4), in the case of a manoeuvres test or practical test which —
a
is to be conducted by a DSA examiner,
b
is not, or does not form part of, an extended driving test,
c
is for a licence authorising the driving of a motor vehicle of a class included in category A or P,
the fee payable is that specified in relation to that test in column (2) of the Table in Schedule 5A.
; and
f
before paragraph (4) insert —
3ZB
Subject to paragraphs (3ZC) and (4), in the case of a manoeuvres test or practical test which —
a
is to be conducted by a DSA examiner,
b
is, or forms part of, an extended driving test,
c
is for a licence authorising the driving of a motor vehicle of a class included in category A or P,
the fee payable is that specified in relation to that test in column (3) of the Table in Schedule 5A.
3ZC
In paragraphs (3ZA) and (3ZB), where reference is made to the Table in Schedule 5A, that reference is to —
a
the Table in Part 1 of that Schedule where the test is conducted before 5th October 2009; and
b
the Table in Part 2 of that Schedule where the test is conducted on or after 5th October 2009.
.
14
In regulation 36 (cancellation of tests) for “practical” substitute “manoeuvres test, practical test”.
15
In regulation 37 (test vehicles) —
a
in paragraph (1) for “practical” substitute “manoeuvres test, practical test”;
b
in paragraph (2) after “prescribed” insert “manoeuvres test or”;
c
in paragraph (3) after “for a” where those words first appear insert “manoeuvres test or”; and
d
in paragraph (4) for “practical” substitute “manoeuvres test, practical test”.
16
In regulation 38 (further requirements at tests) —
a
in paragraph (1) after “theory test,” insert “manoeuvres test,”;
b
in paragraph (4) after “for a” insert “manoeuvres test or”;
c
in paragraph (5) for “practical” substitute “manoeuvres test, practical test”;
d
in paragraph (5A) after “theory test” insert “manoeuvres test”;
e
in paragraph (7) for “practical” substitute “manoeuvres test, practical test”;
f
in paragraph (8) after “for a” insert “manoeuvres test or”;
g
after paragraph (8) insert —
8A
Subject to paragraph (8B), before commencement of a practical test in relation to a vehicle of a class included in category A or P the person submitting to the test shall produce to the person conducting the test a module 1 pass certificate which —
a
is valid;
b
is in respect of the same category or sub-category of vehicle as that in which the practical test is to be taken; and
c
save in a case where sub-paragraph (a) of paragraph (4) applies, records as the date of the theory test the same date as is recorded for that test in the valid standard theory test pass certificate which is produced in accordance with that paragraph.
8B
In the case of a person who is exempt from the requirement to pass a theory test by virtue of regulation 42(1), the certificate produced in accordance with paragraph (8A) shall be dated no earlier than six months before the date on which it is produced.
; and
h
in paragraph (9) for “practical” substitute “manoeuvres test, practical test”.
17
In regulation 39 (examiner’s right to refuse to conduct test) —
a
in paragraph (1)(b) —
i
after “practical” insert “test (other than in relation to a vehicle of a class included in category A or P)”; and
ii
for “, (7) or (8)” substitute “or (7)”;
b
after paragraph (1) insert —
1A
Subject to paragraphs (2) and (3), the person authorised to conduct a test in relation to a vehicle of a class included in category A or P must refuse to do so where —
a
a person submitting to a manoeuvres test fails to satisfy the person conducting the test that any requirement imposed by paragraph (4) of regulation 37, by paragraph (4), (5), (7) or (8) of regulation 38 or by paragraph (1A)(a) of regulation 40A has been complied with; or
b
a person submitting to a practical test fails to satisfy the person conducting the test that any requirement imposed by paragraph (4) of regulation 37, by paragraph (4), (5), (7), (8), (8A) or (8B) of regulation 38 or by paragraph (1A)(c) of regulation 40A has been complied with.
; and
c
in paragraph (2)(b) —
i
for “practical” substitute “manoeuvres test, practical test”; and
ii
for “under paragraph (4) or (8)” substitute “in accordance with paragraph (4), (8), (8A) or (8B)”.
18
In regulation 40 (nature of tests other than extended tests) —
a
after paragraph (1) insert —
1A
The test for a licence authorising the driving of a motor vehicle in category A or P, or in sub-category A1, shall be conducted in three parts, namely —
a
the standard test of driving theory and the standard test of hazard perception;
b
the manoeuvres test; and
c
the practical test.
1B
A person taking the test referred to in paragraph (1A) must —
a
pass all three parts; and
b
take all three parts in the same category or sub-category of vehicle.
; and
b
in paragraph (2) for “category A, B or P” substitute “category B”.
19
In regulation 40A —
a
in paragraph (1) —
i
in sub-paragraph (a) after “theory test” insert “or have passed, within the last 2 years, that part of a Northern Ireland test concerning the theory of driving vehicles in category B and corresponding to the theory test”; and
ii
in sub-paragraph (b) —
aa
omit the brackets and the words therein;
bb
for “category A, B or P” substitute “category B”; and
cc
for paragraph (ii) substitute —
ii
a certificate relating to the passing of the part of the Northern Ireland test referred to in sub-paragraph (a).
;
b
after paragraph (1) insert —
1A
Where a test is required to be conducted in three parts pursuant to regulation 40(1A) a person —
a
must, pass the theory test in respect of a vehicle in category A or P or have passed, within the last 2 years, that part of a Northern Ireland test concerning the theory of driving vehicles in category A or P before taking the manoeuvres test;
b
shall not be entitled to apply for an appointment (or, as the case may be, be nominated pursuant to regulation 32(4)) for the manoeuvres test in respect of a vehicle in category A or P until that person has been furnished with —
i
a valid standard theory test pass certificate stating that the person has passed the theory test in respect a vehicle in category A or P; or
ii
a certificate relating to the passing of the part of the Northern Ireland test referred to in sub-paragraph (a); and
c
must, before taking a practical test in relation to a vehicle in category A or P, or in sub-category A1, pass the manoeuvres test in respect of a vehicle in the same category or sub-category as that in respect of which the practical test is to be taken.
; and
c
in paragraph (2) —
i
after “three parts” insert “pursuant to regulation 40(3)”;
ii
in sub-paragraph (a) after “perception” insert “or have passed, within the last 2 years, those parts of a Northern Ireland test concerning the theory of driving vehicles in category C or D (including hazard perception),”; and
iii
in sub-paragraph (b) for paragraph (ii) substitute —
ii
a certificate or certificates relating to the passing of those parts of the Northern Ireland test referred to in sub-paragraph (a).
.
20
In regulation 40B (content of the tests) —
a
in paragraph (5) —
i
in sub-paragraph (a) omit “subject to paragraph (b),”; and
ii
omit sub-paragraph (b);
b
after paragraph (5) insert —
5A
The manoeuvres test may be conducted on a special testing ground or on roads.
.
21
In regulation 40C (passing the test) —
a
in paragraph (3) after “passed the” insert “manoeuvres test or”;
b
in paragraph (6) omit “Subject to paragraph (7)”; and
c
for paragraph (7) substitute —
7
The specified requirements for the manoeuvres test are those specified in Schedule 8A.
.
22
In regulation 43 (entitlement upon passing a test other than an appropriate driving test) —
a
in paragraphs (2) and (3) for “or, as the case may be, the practical test” in each place where those words appear substitute “, practical test (other than in relation to a vehicle of a class included in category A or P) or two-part practical test, as the case may be,”; and
b
after paragraph (6) add —
7
In this regulation “two-part practical test” means —
a
in relation to a vehicle of a class included in category A or P, the manoeuvres test and the practical test in respect of a vehicle of a class included in category A or P, as appropriate;
b
in relation to a vehicle of a class included in sub-category A1, the manoeuvres test and the practical test in respect of a vehicle of a class included in sub-category A1.
.
23
In regulation 44 (entitlement upon passing a test other than an appropriate driving test: category A) in paragraph (2) for “practical test” in each place where those words appear substitute “manoeuvres test and practical test”.
24
In regulation 46 (entitlement upon passing an appropriate driving test) —
a
in paragraphs (2) and (3) for “or, as the case may be, the practical test” in each place where those words appear substitute “practical test (other than in relation to a vehicle of a class included in category A or P) or two-part practical test, as the case may be,”;
b
in paragraph (6) for “practical test” substitute “two-part practical test”;
c
after paragraph (8) add —
9
In this regulation “two-part practical test” means —
a
in relation to a vehicle of a class included in category A or P, the manoeuvres test and the practical test in respect of a vehicle of a class included in category A or P, as appropriate;
b
in relation to a vehicle of a class included in sub-category A1, the manoeuvres test and the practical test in respect of a vehicle of a class included in sub-category A1.
.
25
In regulation 47 (evidence of result of theory test: vehicles other than category C or D) in paragraphs (6) and (7) after “regulation 38(4)” insert “or 40A(1)(b)(i) or (1A)(b)(i)”.
26
In regulation 47B (large vehicle theory test pass certificates) in paragraphs (4) and (5) after regulation 38(4)” insert “or 40A(2)(b)(i)”.
27
In regulation 48 (evidence of the result of practical or unitary test) —
a
in the heading after “result of” insert “manoeuvres,”
b
before paragraph (1) insert —
ZA1
A person conducting a manoeuvres test shall upon completion of the test furnish —
a
a person who passes the test with a module 1 pass certificate which, save where the person is exempt from the requirement to pass a theory test by virtue of regulation 42, shall record the date of the standard theory test as recorded in the standard theory test pass certificate which was produced in accordance with regulation 38(4) when that person submitted to the manoeuvres test;
b
a person who fails to pass the test with a module 1 failure statement;
;
c
after paragraph (1) insert —
1A
A module 1 pass certificate is invalid if —
a
the person to whom it is issued is at that time ineligible, by virtue of an enactment contained in the Traffic Act or these Regulations, to take the manoeuvres test to which the certificate relates; or
b
at the time when it was issued, the standard theory test pass certificate produced to the person conducting the test in accordance with regulation 38(4) is invalid by virtue of regulation 47(7).
1B
A module 1 pass certificate is not valid for the purpose of regulation 38(8A)(a) if —
a
it is furnished in error or with an error in the particulars required to be specified in it; or
b
it is invalid by virtue of paragraph (1A)
; and
d
in paragraph (2) —
i
before sub-paragraph (a) insert —
za
it is furnished in error or with an error in the particulars required to be specified in it;
;
ii
at the end of sub-paragraph (b) omit “or”; and
iii
after sub-paragraph (ba) insert —
; or
it was issued in relation to a vehicle of a class included in category A or P and at the time when it was issued the module 1 pass certificate produced to the person conducting the test in accordance with regulation 38(8A) is invalid by virtue of paragraph (1B).
.
28
In Schedule 3 (licence fees), in Part 1, in the third column of the Table for “£17.50”, in each place where it occurs, substitute “£20”.
29
For Schedule 5 substitute the content of Schedule 1.
30
In Schedule 8 (specified requirements for practical or unitary test) in Part 1 in Section D omit paragraphs 7 to 15.
31
After Schedule 8 insert the content of Schedule 2.
32
After Schedule 10C (large vehicle theory test pass certificate) insert the content of Schedule 3.
Savings and transitional provision in respect of tests conducted before 27th April 2009
33
1
Subject to paragraphs (2) to (4), the principal Regulations shall apply in relation to a relevant test without the amendments made by these Regulations and, save where a contrary intention is expressed, references in paragraphs (2) to (5) to “the principal Regulations” mean the principal Regulations without the amendments made by these Regulations.
2
Regulation 34 of the principal Regulations (eligibility to reapply for practical or unitary test) shall apply to a relevant test taken after 13th April 2009 with the amendments made by these Regulations and, for the purposes of that regulation, a person who takes, and fails to pass, such test after that date shall be regarded as having failed to pass the manoeuvres test on 22nd April 2009.
3
Regulation 40B(5)(b) of the principal Regulations shall not apply in relation to a relevant test.
4
Regulation 40C(7) of the principal Regulations shall apply as if for “30th March” were substituted “27th April”.
5
In this regulation —
a
“manoeuvres test” has the same meaning as in the principal Regulations as amended by these Regulations;
b
“relevant test” means a practical test in respect of a vehicle included in category A or P which is taken on or after 30th March 2009 and before 27th April 2009; and
c
“practical test” has the same meaning as in the principal Regulations.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State,
Department for Transport
19th March 2009
We approve the making of these Regulations
Dave Watts
Tony Cunningham
Two of the Lords Commissioners
of her Majesty’s Treasury
24th March 2009


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) (Amendment) Regulations 2009 and shall come into force 14 days after the day on which they are made.
Amendments
2
1
The Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003 are amended in accordance with the following paragraphs.
2
In regulation 2(1) —
a
after the definition of “relevant inspector”, insert —
“sewage” means —
drainage and other wastes from any form of toilets and urinals,
drainage from medical premises (including, for example, a dispensary or sick bay) via wash basins, wash tubs and scuppers located in such premises,
drainage from spaces containing living animals, or
other waste waters when mixed with any drainage referred to in paragraph (a), (b) or (c);
; and
b
in the definition of “ship-generated waste” —
i
before “oil” insert “sewage,”, and
ii
omit “originating from ships”.
3
In regulation 2(2) —
a
in sub-paragraph (b), for “member State” substitute “ EEA State”; and
b
in sub-paragraph (c), for “a member State”, substitute “an EEA State”.
4
At the end of regulation 2(4), add —
5
Any power under these Regulations to give a direction includes power to vary or revoke the direction by a subsequent direction.
.
5
In regulation 11 —
a
in paragraph (5)(a), for “a member State” substitute “an EEA State”; and
b
for paragraph (6), substitute —
6
Where the previous port of call of a United Kingdom ship was a port in an EEA State, the master of that ship calling at a port of another EEA State shall, immediately on request by the competent authority of the latter State, produce to that authority a copy of the notice retained in accordance with paragraph (4).
.
6
In regulation 12, for paragraph (2) substitute —
2
A ship may proceed to the next port of call without delivering ship-generated waste if —
a
the ship-generated waste in question is sewage, and the master of the ship is not required under regulation 11 to notify information about that waste, or
b
subject to paragraph (3), it follows from the information notified under regulation 11(2) or (3) that there is sufficient dedicated storage capacity on board the ship to hold all the ship-generated waste that has been accumulated and all the ship-generated waste that will be accumulated during the intended voyage of the ship to the port of delivery.
.
7
In regulation 17(2), for “member State”, substitute “EEA State”.
8
In Schedule 2 —
a
in the table, for the entries relating to “3. Cargo-associated waste” and “4. Cargo residues”, and for footnote “ (1) May be estimates”, substitute —
(1)
Sewage may be discharged at sea in accordance with Regulation 11 of Annex IV of MARPOL 73/78. The corresponding boxes do not need to be completed if it is the intention to make an authorised discharge at sea.
(2)
May be estimates.
3. Sewage 4. Cargo-
associated waste
(specify)
5. Cargo residues
(specify)
.
b
in Note 2., for “Member States”, substitute “EEA States”.
Signed by authority of the Secretary of State for Transport
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
2nd May 2009


text:
Citation and commencement
1
This Order may be cited as the Immigration Services Commissioner (Designated Professional Body) (Fees) Order 2009 and shall come into force on 31st March 2009.
Fees
2
1
The fee to be paid to the Immigration Services Commissioner by each designated professional body for the year 1st April 2008 to 31st March 2009 shall be the sum specified in the Schedule to this Order.
2
The fee shall be paid on or before 7 April 2009.
Phil Woolas
Minister of State
Home Office
3rd March 2009


text:
Citation and commencement
1
This Order may be cited as the Finance Act 2009, Schedule 47 (Consequential Amendments) Order 2009 and comes into force on 13th August 2009.
Consequential amendments
2
The Schedule to this Order contains amendments and repeals of enactments in consequence of, or otherwise in connection with, Schedule 36 to the Finance Act 2008 (information and inspection powers) and Schedule 47 to the Finance Act 2009 (amendment of information and inspection powers).
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
21st July 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Primary Care Trusts (Establishment and Dissolution) Amendment Order 2009 and shall come into force on 1st December 2009.
2
In this Order —
“the Establishment Order ” means the Primary Care Trusts (Establishment and Dissolution) (England) Order 2006 ;
“ the trust ” means the Primary Care Trust established for the district of Manchester, in the county of Greater Manchester, by the Establishment Order.
Change of name of trust and transitional provision
2
1
The trust shall be called the Manchester Teaching Primary Care Trust instead of the Manchester Primary Care Trust.
2
Accordingly in Schedules 1 and 2 of the Establishment Order, in each place where the name “Manchester Primary Care Trust” appears, after “Manchester” insert “Teaching”.
3
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health
Ann Keen
Parliamentary Under Secretary of State
Department of Health
26th October 2009


text:
Citation and commencement
1
1
This Order may be cited as the Felixstowe Dock and Railway Harbour Revision Order 2009 and comes into force on 28th August 2009.
2
The Felixstowe Dock and Railway Acts and Orders 1879 to 2002, the 2007 Order and this Order may be cited together as the Felixstowe Dock and Railway Acts and Orders 1879 to 2009.
Interpretation
2
1
In this Order —
“the 2007 Order” means the Felixstowe Dock and Railway Harbour Revision Order 2007 ;
“ Company ” means the Felixstowe Dock and Railway Company;
“dock” means the dock constructed by the Company in pursuance of the powers conferred on them by the Felixstowe Dock and Railway Acts and Orders 1879 to 2002 and the 2007 Order and all other works, land, buildings, ancillary works, plant, property and conveniences connected therewith, as from time to time existing;
“dock plan” means the plan prepared in duplicate, signed by the Head of Ports Division in the Department for Transport and marked “Felixstowe Dock and Railway Harbour Revision Order 2009” of which copies are deposited at that Department and at the office of the Company at Tomline House, The Dock, Felixstowe, Suffolk IP11 3SY.
2
All points and directions stated in this Order shall be construed as if the words “or thereabouts” were inserted after each such point and direction.
3
Reference points specified in this Order shall be construed as references to Ordnance Survey National Grid reference points.
Limits of dock
3
1
The limits of the dock within which the Company shall exercise jurisdiction shall be the area described in the Schedule to this Order and notwithstanding anything contained in the Felixstowe Dock and Railway Acts and Orders 1879 to 2002 and the 2007 Order, references in any of those Acts or Orders or in any byelaws, orders, regulations or directions made under those Acts or Orders to the limits of the dock shall be construed and have effect as references to the limits of the dock as so described.
2
The area so described is, for the purpose of identification only, shown edged red on the dock plan.
Revocations
4
The following provisions of the 2007 Order are revoked —
a
article 3 and Schedule 1 (Limits of dock);
b
in paragraph 2(2)(c) of Part 2 of Schedule 2 (Protection for the Environment Agency) the words “in the discharge of its environmental and recreational duties” where they first occur.
Signed by authority of the Secretary of State
R C Bennett
Head of Ports Division
Department for Transport
19th August 2009


text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Exemption) (Amendment) (No. 2) Order 2009, and comes into force on 6th April 2009.
Amendment of the Financial Services and Markets Act 2000 (Exemption) Order 2001
2
1
The Financial Services and Markets Act 2000 (Exemption) Order 2001 is amended as follows.
2
In paragraph 50(3) of Part 4 of the Schedule (persons exempt in respect of particular regulated activities), in the definition of “customer” omit the words “who is not an individual”.
Frank Roy
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
11th February 2009


text:
Citation and commencement
1
These Regulations may be cited as the Private Security Industry Act 2001 (Licences) Regulations 2007 (Amendment) Regulations 2009 and shall come into force on 6 th April 2009.
Amendments to the Private Security Industry Act 2001 (Licences) Regulations 2007
2
1
The Private Security Industry Act 2001 (Licences) Regulations 2007 shall be amended as follows.
2
Omit regulation 1(2).
3
In regulation 6(4)(a) after “invalid carriage” insert “, save in relation to Northern Ireland,”.
4
After sub-paragraph (a) of regulation 6(4) insert —
aa
“invalid carriage”, in relation to Northern Ireland, has the same meaning as in Article 3(1) of the Road Traffic (Northern Ireland) Order 1995 .
.
5
In regulation 6(4)(b) after “under section 21 of the Chronically Sick and Disabled Persons Act 1970” insert “or under section 14 of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 ”.
6
In regulation 6(4)(c) after “emergency vehicle” insert “, save in relation to Northern Ireland,”.
7
After sub-paragraph (c) of regulation 6(4) insert —
cc
“emergency vehicle”, in relation to Northern Ireland, has the same meaning as in regulation 2(1) of the Road Vehicles Lighting Regulations (Northern Ireland) 2000 .
.
Alan Campbell
Parliamentary Under Secretary of State
Home Office
11th March 2009


text:
PART 1 INTRODUCTORY PROVISIONS
Citation, commencement and effect
1
1
These Regulations may be cited as the General Insurers’ Technical Provisions (Appropriate Amount) (Tax) Regulations 2009 and come into force on 1st September 2009.
2
In relation to a general insurer, other than a member of a Lloyd’s syndicate, these Regulations shall have effect in relation to periods of account ending on or after 31st December 2009.
3
In relation to a member of a Lloyd’s syndicate, these Regulations shall have effect in relation to a syndicate return made in respect of profits or losses declared after 31st December 2009.
Interpretation
2
1
In these Regulations a reference to Schedule 11 is a reference to Schedule 11 to the Finance Act 2007.
2
In these Regulations —
“ Schedule 3 to the Accounts and Reports Regulations ” means Schedule 3 to the Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 ; and
“syndicate return” means a return of a syndicate’s profit or loss for an underwriting year made under regulation 4 of the Lloyd’s Underwriters (Tax) Regulations 2005 .
PART 2 GENERAL INSURERS (OTHER THAN MEMBERS OF LLOYD’S SYNDICATES)
Appropriate amount of technical provisions: general insurers (other than a member of a Lloyd’s syndicate)
3
This Part applies to a general insurer other than a member of a Lloyd’s syndicate.
4
For a period of account, the appropriate amount of the technical provisions for the purposes of paragraph 1 of Schedule 11 is the aggregate of —
a
the amount of the provision for unearned premiums determined in accordance with paragraph 50 of Schedule 3 to the Accounts and Reports Regulations;
b
the amount of the provision for unexpired risks determined in accordance with paragraph 51 of that Schedule; and
c
the estimated amount of the liabilities in respect of claims outstanding arising from the general insurer’s general business determined in accordance with regulations 5 to 8.
Estimated amount of claims outstanding: confirmation by general insurer
5
1
For the purposes of regulation 4, the amount of the liabilities in respect of claims outstanding arising from the general insurer’s general business is the amount of those liabilities stated in the general insurer’s accounts for the period if conditions A to C are satisfied.
2
Condition A is —
a
that the general insurer gives confirmation in writing that the amount of the liabilities stated in the accounts is not an excessive estimate of the amount of the liabilities, and
b
the confirmation is founded on or supported by an opinion in writing given to the general insurer by an actuary or other suitably skilled person (which may include a director or employee of the general insurer) stating that the amount is not an excessive estimate of the amount of the liabilities.
Regulation 6 contains provisions supplementing condition A.
3
Condition B is that the opinion referred to in condition A must reflect the circumstances prevailing at the time at which the technical provisions are adopted by the general insurer.
4
Condition C is that the amount of the liabilities stated in the accounts is determined in accordance with regulation 8 (provisions supplementing regulations 5 and 7).
Provisions supplementing condition A
6
1
In the case of a controlled foreign company which is a general insurer within the meaning of paragraph 3(1)(b) of Schedule 11 —
a
references to “general insurer” in regulation 5(2)(a) and in this regulation (other than in sub-paragraph (b) of this paragraph) are to be construed as references to the company referred to in paragraph 3(2)(b) of Schedule 11, and
b
the reference to “general insurer” in regulation 5(2)(b) is to be construed as a reference to the controlled foreign company.
2
For the purposes of condition A in regulation 5, an estimate of the amount of the liabilities is an excessive estimate unless the estimate includes no more than a reasonable margin to take into account the nature or type of risks to which the liabilities relate and the uncertainty associated with those risks.
3
If the opinion referred to in condition A is given to the general insurer by a director, or by an employee who is not a director of the general insurer, the confirmation must include a statement identifying the status of the person who gave the opinion to the general insurer.
4
Subject to paragraph (5), the confirmation referred to in condition A must accompany the general insurer’s company tax return which relates to the period of account (and if more than one company tax return relates to the period of account the confirmation need only be given with the return which relates to the earliest period in the period of account).
5
If, at the time the company tax return is made, the general insurer has a reasonable excuse for not providing the confirmation with the company tax return, the confirmation may be provided to an officer of Revenue and Customs separately from the return but must be provided as soon as reasonably possible after the return is made.
6
In this regulation “company tax return” means a return under paragraph 3 of Schedule 18 to the Finance Act 1998 .
Estimated amount of claims outstanding where conditions in regulation 5 are not satisfied
7
1
This regulation applies in a case where any of conditions A to C in regulation 5 is not satisfied.
2
For the purposes of regulation 4, the amount of the liabilities in respect of claims outstanding arising from the general insurer’s general business is the general insurer’s undiscounted best estimate of the future cash flows in respect of claims outstanding.
3
For the purposes of paragraph (2) —
a
the reference to “best estimate” shall be construed as a reference to the mean of the distribution of the potential outcomes of the claims to which the estimate relates, and
b
the best estimate of the future cash flows must be the best estimate available at the time at which the technical provisions are adopted by the general insurer.
Provisions supplementing regulations 5 and 7
8
1
This regulation supplements regulations 5 and 7.
2
Any calculation, computation or estimate required to determine the amount of the liabilities in respect of claims outstanding must be made in accordance with the standards specified in paragraph (3) in force at the time at which the technical provisions are adopted by the general insurer.
3
The specified standards are —
a
all generic technical actuarial standards and relevant specific technical actuarial standards published by the Board for Actuarial Standards in relation to the performance of actuarial functions, or
b
where the general insurer is not resident in the United Kingdom, such other standards or provisions of the law of the territory in which the general insurer is domiciled as may reasonably be regarded as equivalent in effect to the standards referred to in sub-paragraph (a).
In this paragraph, “the Board for Actuarial Standards” means the operating body of that name of the Financial Reporting Council .
4
Any calculation, computation or estimate required to determine the amount of the liabilities in respect of claims outstanding must take into account —
a
the nature or type of risks to which the liabilities in respect of claims outstanding relate, and
b
the volatility and uncertainty associated with those risks.
5
Without prejudice to the generality of paragraph (4), the reference in that paragraph to taking into account includes, in particular, taking into account liabilities —
a
on the basis of general insurance business reporting categories described in Annex 11.3 to Chapter 11 of Volume 1 of IPRU(INS) , or
b
on the basis of grouping of risks in accordance with the descriptions of accounting classes for general insurance business set out in Appendix 9.16 to Volume 2 of IPRU(INS).
6
In paragraph (5), “IPRU(INS)” means the Interim Prudential Sourcebook for Insurers made by the Financial Services Authority under the Financial Services and Markets Act 2000 .
7
Any estimate of the amount of the liabilities in respect of claims outstanding shall be determined —
a
net of reinsurance ceded, and
b
in accordance with paragraph 53 of Schedule 3 to the Accounts and Reports Regulations.
8
A reference to claims outstanding includes —
a
the expense of handling a future claim (whether allocated or unallocated), and
b
a future claim which has been incurred as a liability of the general insurer but which is —
i
not reported to the general insurer at the time at which the technical provisions are adopted, or
ii
reported, but not fully reported, to the general insurer at that time.
9
A reference in this Part to the time at which technical provisions are adopted is a reference —
a
to the time at which the directors of the general insurer approve the general insurers’ annual accounts for the purposes of section 414 of the Companies Act 2006 ;
b
in the case of a general insurer to which that section does not apply, to such similar time as may apply under equivalent provisions of the law of the territory in which the general insurer is domiciled; or
c
in the case of general business carried on by a permanent establishment in the United Kingdom of a general insurer which is not resident in the United Kingdom and for which accounts of the permanent establishment are prepared for the period of account, the time at which the general insurer approves those accounts.
PART 3 MEMBERS OF LLOYD’S SYNDICATES
Appropriate amount of technical provisions: members of closed Lloyd’s syndicates
9
1
This regulation applies to a general insurer which is a member of a closed Lloyd’s syndicate.
In this regulation, a closed Lloyd’s syndicate is a Lloyd’s syndicate that is not an open Lloyd’s syndicate.
2
For a period of account, the appropriate amount of the technical provisions for the purposes of paragraph 1 of Schedule 11 is the member’s allowable reinsurance to close amount in respect of the syndicate.
3
For the purposes of paragraph (2), the allowable reinsurance to close amount for the period of account is the lesser of —
a
the reinsurance to close amount for the period of account which is treated as a technical provision in accordance with regulation 11 (reinsurance to close amounts); and
b
subject to paragraphs (4), the aggregate of the member’s share of —
i
the amount of the provision for unearned premiums determined in accordance with paragraph 50 of Schedule 3 to the Accounts and Reports Regulations;
ii
the amount of the provision for unexpired risks determined in accordance with paragraph 51 of that Schedule; and
iii
the amount of the liabilities in respect of claims outstanding arising from the general business of the syndicate.
4
For the purposes of paragraph (3)(b), amounts are to be determined on the assumption that —
a
the syndicate is an open Lloyd’s syndicate, and
b
no reinsurance to close amounts have been paid in respect of the syndicate by any member of the syndicate.
Appropriate amount of technical provisions: members of open Lloyd’s syndicates
10
1
This regulation applies to any general insurer which is a member of an open Lloyd’s syndicate.
2
For a period of account, the appropriate amount of the technical provisions for the purposes of paragraph 1 of Schedule 11 is the aggregate of the member’s share of —
a
the amount of the provision for unearned premiums determined in accordance with paragraph 50 of Schedule 3 to the Accounts and Reports Regulations;
b
the amount of the provision for unexpired risks determined in accordance with paragraph 51 of that Schedule 3; and
c
the amount of the liabilities in respect of claims outstanding arising from the general business of the syndicate.
Reinsurance to close amounts
11
1
The reinsurance to close amount to be treated as a technical provision in the case of a member of a Lloyd’s syndicate for a period of account is whichever is the lesser of —
a
the total of the reinsurance to close amounts which the member pays or gives, or is treated as paying or giving, in respect of the underwriting year for which profits or losses are declared; and
b
the total of the reinsurance to close amounts which the member receives, or is treated as receiving, in respect of the underwriting year for which profits or losses are declared.
This paragraph is subject to paragraph (2).
2
If a company —
a
pays or gives, or is treated as paying or giving, a reinsurance to close amount to a member in respect of an underwriting year for which profits or losses are declared, and
b
the company is connected to the member,
the amount which the member receives, or is treated as receiving, shall also be treated as a reinsurance to close amount paid by the member in respect of that underwriting year.
3
For the purposes of paragraph (2), section 839(5) to (8) of the Income and Corporation Taxes Act 1988 (connected persons) applies for the purpose of determining whether a company is connected to a member.
Provisions supplementing regulations 9 and 10: determination of member’s share of provisions
12
1
For the purposes of regulations 9(3)(b) and 10(2), a member’s share of the amounts referred to in those regulations shall be determined by reference to the member’s proportionate entitlement to participate in the underwriting business of the syndicate.
2
For the purposes of regulations 9(3)(b)(iii) and 10(2)(c), in determining the amount referred to in those provisions, regulations 5 to 8 shall apply with the following modifications —
a
a reference to “the general insurer’s general business” shall be treated as a reference to the general business of the syndicate;
b
the reference in regulation 5(1) to “the general insurer’s accounts” shall be treated as a reference to the syndicate’s accounts;
c
references in regulations 5(3), 7(3) and 8(8) to “the general insurer” shall be treated as a reference to the syndicate;
d
regulation 6(1) shall be treated as omitted;
e
the reference in regulation 6(4) and (5) to the “general insurer’s company tax return” shall be treated as a reference to the syndicate return which relates to the period of account;
f
the reference in regulation 6(5) to “general insurer” shall be treated as a reference to the syndicate’s managing agent;
g
regulation 6(6) shall be treated as omitted;
h
the reference in regulation 7(2) to “the general insurer’s undiscounted best estimate” shall be treated as a reference to the best estimate of the syndicate’s managing agent;
i
regulation 8(3)(b) shall be treated as omitted; and
j
for regulation 8(9) there shall be treated as substituted —
9
A reference in this Part to the time at which technical provisions are adopted is a reference to the time at which the syndicate’s managing agent approves the syndicate’s profit or loss accounts for the period of account by signing them.
.
Bernadette Kenny
Dave Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
17th July 2009


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Government Pension Scheme (Amendment) Regulations 2009.
2
These Regulations shall come into force on 15th May2009 but the amendments which they make shall have effect from 1st April 2009.
3
These Regulations apply in relation to England and Wales .
Amendment of the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007
2
The Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007 are amended by the omission of regulation 40 (guidance on future costs).
Amendment of the Local Government Pension Scheme (Administration) Regulations 2008
3
The Local Government Pension Scheme (Administration) Regulations 2008 are amended —
a
after regulation 36 (actuarial valuations and certificates), by the insertion of —
Future costs
36A
1
Administering and employing authorities shall have regard to guidance issued by the Secretary of State about how the future costs of the Scheme will be met.
2
To enable the Secretary of State to calculate those costs for the purposes of that guidance, each administering authority shall provide to the Secretary of State by 31st August 2010, and in every third year afterwards, all the data used for the purposes of providing an actuarial valuation under regulation 36.
3
For the purposes of that guidance, the Government Actuary shall provide to the Secretary of State by 31st October 2010 and in every third year afterwards —
a
an actuarial valuation of the assets and liabilities of the Scheme as at 31st March 2010 and in every third year afterwards, based on the information provided to the Secretary of State under paragraph (2);
b
a report in respect of the valuation (“the valuation report”); and
c
an overall cost certificate.
4
The valuation report must contain a statement of the financial and demographic assumptions used in making the valuation; and the statement must show how the assumptions relate to the events which have actually occurred in relation to the members of the Scheme since the last valuation.
5
An overall cost certificate is a certificate —
a
specifying the cost of the future accrual of pension liabilities; and
b
adjusted where appropriate to reflect surpluses or deficits arising from variations between events which have actually occurred in relation to the members of the Scheme and the assumptions used in making valuations for each year beginning with 31st March 2007.
;
and
b
after regulation 38 (special circumstances where revised actuarial valuations and certificates must be obtained), by the insertion of —
Future costs: revised certificates
38A
Where, as a result of the valuation exercise under regulation 36A, the Secretary of State amends the Benefits Regulations, an administering authority must consider whether the rates and adjustment certificate obtained under regulation 36(1)(a) should be revised to take account of the amendment; and if, in the authority’s view the certificate should be so revised —
a
the authority must ensure that the certificate is revised accordingly and as soon as possible; and
b
the revised certificate must cover the period beginning with 1st April in the second year following that in which the valuation date falls under regulation 36.
.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
20th April 2009


text:
Citation and commencement
1
This Order may be cited as the Carriage by Air (Revision of Limits of Liability under the Montreal Convention) Order 2009 and comes into force on 30th December 2009.
Certification of the revision of limits of liability under the Montreal Convention
2
The revised limits of liability established under Articles 21 and 22 of the Montreal Convention are as certified in the third column of the table.
Montreal Convention Old limit (Special Drawing Rights) Revised limit (Special Drawing Rights)
Article 21, paragraph 1 100,000 113,100 Article 22, paragraph 1 4,150 4,694 Article 22, paragraph 2 1,000 1,131 Article 22, paragraph 3 17 19
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Authorities (Capital Finance and Accounting) (England) (Amendment) Regulations 2009 and shall come into force on 31st March 2009.
2
These Regulations apply in relation to local authorities in England only.
Amendment to the Local Authorities (Capital Finance and Accounting) (England) Regulations 2003
2
The Local Authorities (Capital Finance and Accounting) (England) Regulations 2003 are amended as follows.
Impairment of certain investments
3
After regulation 30F (financial guarantees given by local authorities) insert —
Impairment of certain investments
30G
1
Where, in relation to a relevant investment, in accordance with proper practices —
a
an impairment loss is recognised in a revenue account of the authority for the financial year beginning on 1st April 2008;
b
an impairment loss is recognised in a revenue account of the authority for the financial year beginning on 1st April 2009; or
c
the value of an impairment loss recognised in a revenue account of the authority for the financial year beginning on 1st April 2008 is increased in a revenue account of the authority for the financial year beginning on 1st April 2009,
the local authority may credit to a revenue account for the year in which the loss is recognised, or increased in value, any amount up to the amount of the loss.
2
A local authority which under paragraph (1) credits an amount to a revenue account for the financial year beginning on 1st April 2008 may debit an amount of up to the value of that credit to a revenue account for the financial year beginning on 1st April 2009.
3
Subject to paragraph (6), where —
a
under paragraph (1) a local authority credits an amount to a revenue account for the financial year beginning on 1st April 2008; and
b
in accordance with proper practices —
i
the value of the impairment loss that credit relates to is reduced in the financial year beginning on 1st April 2009, and
ii
the authority credits an amount to a revenue account for that year to recognise that reduction,
the local authority must debit to a revenue account for the financial year beginning on 1st April 2009 an amount equal to the credit mentioned in sub-paragraph (b)(ii).
4
Subject to paragraph (6), where —
a
under paragraph (1) a local authority credits an amount to a revenue account for the year beginning on 1st April 2008; and
b
in accordance with proper practices, the authority credits or has credited any amount to a revenue account before 1st April 2009 in respect of interest on the relevant investment not received on or before the date of the event giving rise to the impairment loss,
the local authority must debit to a revenue account for the financial year beginning on 1st April 2008 an amount equal to the total of the amounts mentioned in sub-paragraph (b).
5
Subject to paragraph (6), where —
a
under paragraph (1) a local authority credits an amount to a revenue account for the year beginning on 1st April 2008 or 1st April 2009; and
b
in accordance with proper practices, the authority credits or has credited any amount to a revenue account before 1st April 2010 in respect of interest on the relevant investment not received on or before the date of the event giving rise to the impairment loss,
to the extent it has not debited an amount under paragraph (4) in respect of the interest, the local authority must debit to a revenue account for the financial year beginning on 1st April 2009 an amount equal to the total of the amounts mentioned in sub-paragraph (b).
6
A local authority need not under paragraphs (3) to (5) debit to a revenue account a total amount that exceeds the total amount it has credited under paragraph (1).
7
In paragraph (6), the reference to the total amount credited under paragraph (1) is a reference to that amount as reduced by a debit under paragraph (2).
8
Where under paragraph (1) a local authority credits an amount to a revenue account, it must debit to a revenue account for the financial year beginning on 1st April 2010 an amount equal to the value of that credit to the extent the credit has not been reversed by debits under paragraphs (2) to (5).
9
In this regulation, a relevant investment is a local authority investment —
a
in a bank;
b
affected by an event in the period commencing on 1st April 2008 and ending on 26th November 2008,
other than an investment of the type described in section 17(1)(e) .
.
Proper practices
4
For paragraph (c) of regulation 31 (proper practices) substitute —
c
“in relation to parish councils only, Governance and Accountability for Local Councils: A Practitioners’ Guide 2008 (England)” published jointly by the National Association of Local Councils and the Society of Local Council Clerks, as amended or reissued from time to time .
Signed by authority of the Secretary of State for Communities and Local Government
Kay Andrews
Parliamentary Under Secretary of State
Department for Communities and Local Government
18th February 2009


text:
Citation and commencement
1
This Order may be cited as the Capital Allowances (Energy-saving Plant and Machinery) (Amendment) Order 2009 and shall come into force on 4th August 2009.
Amendment of the Capital Allowances (Energy-saving Plant and Machinery) Order 2001
2
The Capital Allowances (Energy-saving Plant and Machinery) Order 2001 is amended as follows.
Amendment of article 2 (interpretation)
3
In article 2 (interpretation) —
a
for the definition of “Energy Technology Criteria List” substitute —
“Energy Technology Criteria List” means the list dated 6th July 2009 and issued by the Secretary of State for Energy and Climate Change on 6th July 2009;
; and
b
for the definition of “Energy Technology Product List” substitute —
“Energy Technology Product List” means the list dated 6th July 2009 and issued by the Secretary of State for Energy and Climate Change on 6th July 2009.
.
Amendment of article 3 (description of energy-saving plant and machinery)
4
In paragraph (2) of article 3 (description of energy-saving plant and machinery) —
a
in sub-paragraph (1), for “zone controls.” substitute “equipment;” and
b
after that sub-paragraph insert —
m
uninterruptible power supplies.
Amendment of article 5 (energy-saving components of plant or machinery)
5
In sub-paragraph (b) of article 5 (energy-saving components of plant or machinery) —
a
for “and” substitute “,” and
b
after “(l)” insert “and (m)”.
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
13th July 2009


text:
Citation and commencement
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (War Pension Disregards) (Amendment) Regulations 2009 and shall come into force on 26th January 2010.
Amendment of the Housing Benefit and Council Tax Benefit (War Pension Disregards) Regulations 2007
2
1
The Housing Benefit and Council Tax Benefit (War Pension Disregards) Regulations 2007 are amended as follows.
2
For the Schedule (war disablement pensions and war widow’s pensions) substitute —
THE SCHEDULE
War disablement and war widow’s pensions
Regulations 2 and 3
PART 1 War disablement pensions
1
The war disablement pensions prescribed are —
a
any retired pay or pension or allowance payable in respect of disablement under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 ;
b
any retired pay or pension payable, to a member of the armed forces of the Crown in respect of a disablement which is attributable to service, under —
i
an Order in Council made under section 3 of the Naval and Marine Pay and Pensions Act 1865 ,
ii
the Army Pensions Warrant 1977 ,
iii
any order or regulations made under section 2 of the Air Force (Constitution) Act 1917 ,
iv
any order or regulations made under section 4 of the Reserve Forces Act 1996 ,
v
any instrument amending or replacing any of the instruments referred to in paragraphs (i) to (iv), or
vi
any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown; and
c
a payment made under article 14(1)(b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 .
PART 2 War widow’s pensions
2
The war widow’s pensions prescribed are —
a
any pension or allowance payable to a widow, widower or surviving civil partner under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person;
b
a pension payable, to a widow, widower or surviving civil partner of a member of the armed forces of the Crown in respect of death which is attributable to service, under —
i
an Order in Council made under section 3 of the Naval and Marine Pay and Pensions Act 1865,
ii
the Army Pensions Warrant 1977,
iii
any order or regulations made under section 2 of the Air Force (Constitution) Act 1917,
iv
any order or regulations made under section 4 of the Reserve Forces Act 1996,
v
any instrument amending or replacing any of the instruments referred to in paragraphs (i) to (iv), or
vi
any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown; and
c
a payment made under article 21(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005.
.
Signed by authority of the Secretary of State for Work and Pensions
Helen Goodman
Parliamentary Under-Secretary of State
Department for Work and Pensions
22nd December 2009


text:
In accordance with section 6(6)(e) of that Act, a draft of this instrument was laid before and approved by a resolution of each House of Parliament.
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Immigration (Biometric Registration) (Amendment) Regulations 2009 and shall come into force on the day after the day on which they are made.
2
In these Regulations —
“the 2008 Regulations ” means the Immigration (Biometric Registration) Regulations 2008 .
Amendments to the Immigration (Biometric Registration) Regulations 2008
2
The 2008 Regulations shall be amended as follows.
3
For regulation 3 of the 2008 Regulations (Requirement to apply for a biometric immigration document) substitute —
Requirement to apply for a biometric immigration document
3
1
A person subject to immigration control must apply for the issue of a biometric immigration document where he satisfies —
a
one of the conditions in paragraph (2); and
b
the condition in paragraph (3).
2
The conditions are that the person makes an application —
a
for limited leave to remain under one of the categories of the immigration rules specified in regulation 4;
b
for limited leave to remain as a dependant of a person who is applying for limited leave to remain under one of those categories; or
c
whilst in the United Kingdom to replace his passport or other document in which there was a stamp, sticker or other attachment which indicated that he had been granted limited leave to enter, or remain in, the United Kingdom.
3
The condition is that the person makes the application under paragraph (2) on the form specified for that purpose in accordance with the immigration rules.
.
4
For regulation 4 of the 2008 Regulations (Specified categories) substitute —
Specified categories
4
The specified categories under the immigration rules are —
a
as a Tier 4 (General) Student;
b
as a Tier 4 (Child) Student;
c
as a postgraduate doctor or dentist;
d
as an Academic Visitor granted leave in the United Kingdom for a period exceeding 6 months;
e
as the spouse or civil partner of a person present and settled in the United Kingdom;
f
as the unmarried or same-sex partner of a person present and settled in the United Kingdom;
g
as a visitor for private medical treatment;
h
as a domestic worker in a private household;
i
on the grounds of United Kingdom ancestry;
j
as a retired person of independent means;
k
as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means;
l
as the child of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means; or
m
as a sole representative.
.
5
Subject to regulation 9, in regulation 13(4)(b) and (c) of the 2008 Regulations (Issue of a biometric immigration document) for “eighteen” substitute “sixteen”.
6
In regulation 16(1) of the 2008 Regulations (Surrender of a biometric immigration document) —
a
in sub-paragraph (g) omit “or”; and
b
after sub-paragraph (h) insert —
i
the holder has failed to produce a valid passport or travel document when required to do so by an immigration officer; or
j
the holder has proved that he is a British citizen or a Commonwealth citizen who has a right of abode in the United Kingdom as a result of section 2(1)(b) of the Immigration Act 1971 (statement of right of abode in the United Kingdom) .
.
7
In regulation 17 of the 2008 Regulations (Cancellation of a biometric immigration document) —
a
in paragraph (e) for “16(a) to (f) or (h)” substitute “16(a) to (f), (h), (i) or (j);”;
b
in paragraph (g) omit “or”; and
c
after paragraph (h) insert —
or
i
the holder has proved that he is a British citizen or a Commonwealth citizen who has a right of abode in the United Kingdom as a result of section 2(1)(b) of the Immigration Act 1971 (statement of right of abode in the United Kingdom).
.
8
In regulation 19(1)(a) of the 2008 Regulations (Requirement to apply for a replacement biometric immigration document) after “under” insert “paragraphs (a) to (g) of”.
Savings
9
The amendment made by regulation 5 to regulation 13(4)(b) and (c) of the 2008 Regulations (Issue of a biometric immigration document) does not affect a biometric immigration document issued prior to the coming into force of these Regulations.
Phil Woolas
Minister of State
Home Office
30th March 2009


text:
Citation
1
This Order may be cited as the London Olympic Games and Paralympic Games Act 2006 (Commencement No. 3) Order 2009.
Provisions coming into force on 5th October 2009
2
Sections 13 to 16 of the London Olympic Games and Paralympic Games Act 2006 shall come into force on 5th October 2009.
Tessa Jowell
Paymaster General
23rd September 2009


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the European Parliamentary Elections (Franchise of Relevant Citizens of the Union) (Amendment) Regulations 2009 and shall come into force on the day after the day on which they are made.
2
In these Regulations —
“the 2001 Regulations ” means the European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001 .
Amendment of the 2001 Regulations
2
1
The 2001 Regulations are amended as follows.
2
In regulation 8 (copies of certain applications and declarations to be sent to the Secretary of State) —
a
in paragraph (1) for “a copy of” substitute “information contained in”; and
b
in paragraph (3) for “documents” substitute “information” and for “are” substitute “is”.
3
In regulation 9(1)(b) (application, with modifications, of provisions of the 1983 Act and Representation of the People Regulations) for “the Representation of the People (Northern Ireland) Regulations 2001” substitute “the Representation of the People (Northern Ireland) Regulations 2008 ”.
4
For the Schedule (application with modifications of the 1983 Act and various Representation of the People Regulations for registration under these Regulations) substitute the Schedule to these Regulations.
Signed by the authority of the Secretary of State
Michael Wills
Minister of State
Ministry of Justice
16th March 2009