text:
Citation and interpretation
1
1
This Order may be cited as the Identity Cards Act 2006 (Commencement No. 4) Order 2009.
2
In this Order –
“airside pass” in relation to an airport means a pass allowing the person to whom it has been issued unaccompanied access to a restricted zone or part of a restricted zone at that airport;
“ EEA national” means a national of an EEA State;
“EEA State” means –
a Member State, other than the United Kingdom;
Norway, Iceland, or Liechtenstein; or
Switzerland;
“Identity and Passport Service” means the Secretary of State acting through the Identity and Passport Service;
“restricted zone” means an area designated by the Secretary of State under section 11A of the Aviation Security Act 1982 ; and
“the 2006 Act ” means the Identity Cards Act 2006.
Commencement
2
1
Section 2(1) and (2), and section 5(1)(b), of the 2006 Act shall come into force on 20 th October 2009 in relation to persons to whom paragraph (4) applies.
2
Section 2(1) and (2), and section 5(1)(b), of the 2006 Act shall come into force on 10 th November 2009 in relation to persons to whom paragraph (5) applies.
3
Section 2(1) and (2), and section 5(1)(b), of the 2006 Act shall come into force on 24 th November 2009 in relation to persons to whom paragraph (6) applies.
4
This paragraph applies to a British citizen or EEA national who –
a
is employed by the Identity and Passport Service and whose contract of employment provides that his place of work is permanently or temporarily at premises located in the counties of Greater Manchester, Merseyside or Durham within the meaning of section 1(2) of the Local Government 1972 , or in a London borough;
b
is working under a contract for services for the Identity and Passport Service in connection with the implementation of the 2006 Act at premises located at the addresses listed in the Schedule to this Order, and holds a pass allowing him unaccompanied access to those premises;
c
is working under a contract for services for the Identity and Passport Service in connection with the implementation of the 2006 Act at premises occupied by the Identity and Passport Service located in a London borough, and holds a pass allowing him unaccompanied access to those premises; or
d
holds an office or employment the duties of which relate, in whole or in part, to the implementation of the 2006 Act, and holds a pass allowing him unaccompanied access to the premises occupied by the Secretary of State located at 2 Marsham Street, London SW1P 4DF.
5
This paragraph applies to a British citizen or EEA national employed by Manchester Airport Group plc and who holds an airside pass in respect of Manchester Airport, holds employment for which such a pass is required, or has been offered employment for which such a pass is required.
6
This paragraph applies to a British citizen or EEA national employed by London City Airport Limited and who holds an airside pass in respect of London City Airport, holds employment for which such a pass is required, or has been offered employment for which such a pass is required.
7
The following provisions of the 2006 Act shall come into force on 20 th October 2009 –
a
Section 1 (The National Identity Register) in so far as it is not already in force;
b
Section 2(3) to (7) (Individuals entered in Register);
c
Section 3 (Information recorded in Register);
d
Section 4 (Designation of documents for purposes of registration etc. );
e
Section 5(2) to (7) (Applications relating to entries in Register);
f
Section 6 (Issue etc. of ID cards);
g
Section 8 (Functions of persons issuing designated documents);
h
Section 9 (Power to require information for validating Register);
i
Section 10 (Notification of changes affecting accuracy of Register);
j
Section 11 (Invalidity and surrender of ID cards);
k
Section 12 (Provision of information for verification or otherwise with consent);
l
Section 13 (Power to make public services conditional on identity checks);
m
Section 14 (Procedure for regulations under s. 13);
n
Section 15 (Power to provide for checks on the Register);
o
Section 16 (Prohibition on requirements to produce identity cards);
p
Section 17 (Public authorities etc.);
q
Section 18 (Prevention and detection of crime);
r
Section 19 (Correcting inaccurate or incomplete information);
s
Section 20 (Power to authorise provision of information in other circumstances);
t
Section 21 (Rules for providing information without individual’s consent);
u
Section 27 (Unauthorised disclosure of information);
v
Section 28 (Providing false information);
w
Section 29 (Tampering with the Register etc.);
x
Section 30 (Amendments relating to offences) in so far as it is not already in force;
y
Section 31 (Imposition of civil penalties);
z
Section 32 (Objection to penalty);
aa
Section 33 (Appeals against penalties);
bb
Section 34 (Code of practice on penalties);
cc
Section 35 (Fees in respect of functions carried out under Act);
dd
Section 39 (Amendments of legislation relating to passports);
ee
Section 41 (Expenses of Secretary of State);
ff
Section 42 (General interpretation) in so far as it is not already in force;
gg
Section 43 (Scotland); and
hh
Schedule 1 (Information that may be recorded in Register).
Bill Brett
Parliamentary Under‑Secretary of State
Home Office
22nd September 2009


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Monkseaton Community High School (Governing Body Procedures) (Amendment) Order 2009 and comes into force on 8th May 2009.
Variation of The Monkseaton Community High School (Governing Body Procedures) Order 2006
2
1
The Monkseaton Community High School (Governing Body Procedures) Order 2006 is amended as follows.
2
For Article 3, substitute the following Article —
3
This Order shall have effect until 7th May 2012.
Jim Knight
Minister of State
Department for Children, Schools and Families
9th March 2009


text:
Citation and commencement
1
This Order may be cited as the Price Marking (Amendment) Order 2009 and shall come into force on 1st January 2010.
Change in Value Added Tax
2
In article 11(a) of the Price Marking Order 2004 for “14” substitute “28”.
Kevin Brennan
Minister for Further Education, Skills, Apprenticeships and Consumer Affairs
Department for Business, Innovation and Skills
1st December 2009


text:
Citation and commencement
1
This Order may be cited as the Railway Closures (Minor Modifications) Order 2009 and comes into force on 10th December 2009.
The discontinuance of network
2
1
The discontinuance of the operation of a part of a network is eligible to be treated as a minor modification so far as the part of the network consists of a stretch of track that runs through or beside, but does not serve, a station and the circumstances are such that-
a
trains that would otherwise use that stretch of track, in travelling through or beside the station, will instead pass along an alternative route through or beside the station; and
b
the operational capacity and capability of the network is not reduced as a result of the discontinuance.
2
In paragraph (1):–
a
“operational capacity” means the ability of the network to accommodate a quantum of train services;
b
“capability” means the availability of operational capacity as set out in the network statement in force at the time of the discontinuance; and
c
“network statement” means the network statement published by the infrastructure manager of the network as required by the Railways Infrastructure (Access and Management) Regulations 2005 .
Extent
3
1
This Order applies only to non-Scottish closures.
2
In paragraph (1) “non-Scottish closures” means closures other than those closures referred to in paragraphs (a) to (e) of section 35(7) of the Railways Act 2005.
Signed by authority of the Secretary of State
C D Mole
Parliamentary Under Secretary of State
Department for Transport
8th November 2009


text:
Citation and commencement
1
This Order may be cited as the Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2009 and comes into force on 1st October 2009.
Amendment
2
The Schedule to the Public Interest Disclosure (Prescribed Persons) Order 1999 is amended in accordance with articles 3 and 4.
3
After the entry relating to the Care Quality Commission, insert the entry relating to the Independent Regulator of NHS Foundation Trusts set out in the Schedule to this Order.
4
After the entry relating to the Financial Services Authority, insert the entry relating to the Financial Reporting Council Limited set out in the Schedule to this Order.
Davies of Abersoch
Minister for Trade, Investment and Business
Department for Business, Innovation and Skills
7th September 2009


text:
Citation, interpretation, commencement and extent
1
1
This Order may be cited as the European Parliament (Disqualification)(United Kingdom and Gibraltar) Order 2009 and shall come into force on the day after the day on which it is made.
2
In this Order “Gibraltar public office” is to be construed in accordance with section 79 (references to public office, etc. ) of the Constitution of Gibraltar set out in Annex 1 to the Gibraltar Constitution Order 2006.
3
This Order extends to the United Kingdom and Gibraltar.
Revocation
2
The European Parliament (Disqualification)(United Kingdom and Gibraltar) Order 2004 is revoked.
Disqualification for the office of MEP
3
In addition to persons otherwise disqualified for the office of MEP , a person is disqualified for the office of MEP if that person–
a
has been adjudged or otherwise declared bankrupt under any law in force in Gibraltar and has not been discharged;
b
holds or acts in a Gibraltar public office, unless the public office in question is described in Schedule 1 (classes of public officers who may be elected as members) or Schedule 2 (classes of public officers who may be candidates for election) to the Parliament Act ;
c
is the Clerk of the Parliament of Gibraltar, or any deputy or clerk appointed by the Clerk (in the Clerk’s capacity as local returning officer or the European electoral registration officer for Gibraltar) ;
d
is disqualified for election as an Elected Member of the Parliament of Gibraltar by virtue of section 36 of the Parliament Act (penalty for and incapacity following illegal practices); or
e
having been found guilty of one or more offences (whether in Gibraltar or elsewhere), and sentenced or ordered to be imprisoned or detained indefinitely or for more than one year, is imprisoned or detained anywhere in Gibraltar in pursuance of the sentence or order or is unlawfully at large at a time when such a person would otherwise be liable to be so imprisoned or detained.
Michael Wills
Minister of State
Ministry of Justice
29th January 2009


text:
Citation and commencement
1
1
These Regulations may be cited as the Quality Contracts Schemes (Application of TUPE) Regulations 2009.
2
These Regulations come into force —
a
as respects England, on 11th January 2010; and
b
as respects Wales, on the date appointed by the Welsh Ministers for the coming into force in Wales of section 44 of the Local Transport Act 2008 (in so far as it is not already in force).
Interpretation
2
1
In these Regulations —
“ the Act ” means the Transport Act 2000;
“the 1985 Act ” means the Transport Act 1985 ;
“TUPE” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 ;
“affected local services” means local services which, on the coming into force of a quality contract , the relevant operator would be required by virtue of section 129(1)(b) of the Act (prohibition on provision of local services other than under a quality contract) to cease providing;
“ authority ” means a local transport authority ;
“personal data” means data which relate to a living individual who can be identified —
from those data; or
from those data and other information which is in the possession of, or is likely to come into the possession of, the local transport authority or authorities;
“principally connected” has the meaning given in regulation 3;
“relevant employee” means an employee whose employment with a relevant operator is principally connected with the provision of affected local services;
“relevant information” has the meaning given in regulation 4;
“relevant operator” means an operator —
who is operating one or more local services in accordance with particulars registered under section 6 of the 1985 Act (registration of local services), or
who is eligible under section 6(4) of the 1985 Act to have an application for registration accepted, and has made such an application to the traffic commissioner to register the particulars of one or more local services,
and the local services to which the registration or, as the case may be, application relates have one or more stopping places in the area to which the scheme, or the proposed scheme, relates;
“scheme” means a quality contracts scheme ; and
“working time”, in relation to an employee, means any period during which an employee is working at the disposal of the employee’s employer and is carrying out the activities or duties assigned by the employer, but does not include any period during which the employee is receiving relevant training, and “relevant training” means any work experience or training for employment provided in accordance with a training course or programme.
2
The following expressions have the meaning given in TUPE —
a
assigned;
b
appropriate representatives; and
c
employee.
3
Any period of days prescribed in these Regulations is to be calculated excluding any day which is Christmas Day, Good Friday, or a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 .
Meaning of “principally connected”
3
For the purposes of section 134B(4) of the Act (organised grouping), a person’s employment is “principally connected” with the provision of affected local services if that person spends, on average, at least half of their working time —
a
assigned to the provision of affected local services; or
b
assigned to activities connected wholly or mainly to the provision of affected local services.
Meaning of “relevant information”
4
1
For the purposes of these Regulations, “relevant information” means —
a
relevant employee information; and
b
information about the identity of appropriate representatives of relevant employees.
2
For the purposes of this regulation “relevant employee information”, in relation to a relevant employee, means —
a
such of the particulars of employment that an employer is obliged to give to an employee by virtue of section 1 of the Employment Rights Act 1996 ,
b
such information about any collective agreements, as defined in section 178(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 , in respect of a relevant employee,
c
such information describing the affected local services with which a relevant employee’s employment is principally connected, including the proportion of a relevant employee’s working time assigned to those affected local services, and
d
such other information,
as the authority or authorities making the request consider necessary in order to enable any person considering entering into a quality contract, or any other agreement for the provision of local services, to calculate the costs and liabilities likely to arise from the application of TUPE to such a quality contract or agreement.
Request for information by authority before scheme made
5
1
This regulation applies to the period between —
a
the date on which an authority or authorities give notice under section 125(1) of the Act (consultation and notice requirements) of a proposal to make a scheme; and
b
the date on which the authority or authorities make the scheme under section 127 of the Act (making of scheme).
2
At any time during the period described in paragraph (1) the authority or authorities may issue a request to a relevant operator for such relevant information about relevant employees as may be specified by the authority or authorities.
3
A request made by virtue of paragraph (2) —
a
must specify the date by which the relevant operator is to respond to the request, which must be not less than 42 days beginning with the date on which the request is issued;
b
must contain sufficient information about the proposed scheme to enable a relevant operator to determine which of their employees would be relevant employees for the purposes of that request;
c
must only request such information as the authority or authorities consider necessary in order to carry out their functions in relation to the proposed scheme; and
d
must not include a request for personal data, except to the extent that such a request is for information about the identity of appropriate representatives.
4
If a relevant operator in receipt of a request for information made by virtue of paragraph (2) is of the opinion that the requirement specified in paragraph (3)(b) has not been satisfied, the relevant operator must —
a
notify the authority or authorities of that opinion within 14 days of receipt of the request made by virtue of paragraph (2); and
b
describe the information which, in the opinion of the relevant operator, is required in order to satisfy the requirement in paragraph (3)(b).
5
If the authority or authorities receive a notice in accordance with paragraph (4)(a) the authority or authorities must —
a
supply to the relevant operator such information as seems to the authority or authorities to be necessary, taking into account the description of information supplied in accordance with paragraph (4)(b), in order to enable the relevant operator to respond to the request made by virtue of paragraph (2); and
b
specify a revised date by which the relevant operator is to respond to the request made by virtue of paragraph (2), which must be not less than 42 days beginning with the date on which the information described in sub-paragraph (a) is received by the relevant operator.
Request for information after scheme made
6
1
At any time after an authority or authorities have made a scheme under section 127 of the Act the authority or authorities may issue a request to a relevant operator for such relevant information about relevant employees as may be specified by the authority or authorities.
2
Paragraphs (3) to (5) of regulation 5 apply to a request made under this regulation as they apply to a request made by virtue of regulation 5(2) with the modifications prescribed in paragraph (3).
3
The modifications are —
a
that the reference in regulation 5(3)(a) to a period of 42 days is to be read as —
i
a period of 14 days, where the request is made in relation to the circumstances described in regulation 9(1); and
ii
a period of 21 days in any other case; and
b
that the references in regulation 5(3)(b) and (c) to the proposed scheme are to be read as references to the scheme.
Obligation on relevant operator in receipt of request for information
7
1
Subject to paragraphs (2) and (3), a relevant operator must respond to a request for information made in accordance with regulation 5 or 6 within the period which applies by virtue of regulation 5(3)(a), 5(5)(b) or, as the case may be, 6(3)(a).
2
Paragraph (3) applies where an authority or authorities make a request for information by virtue of regulation 5 or 6 and either —
a
the operator does not have any or all of the information requested, and is unable to obtain the information at a reasonable cost; or
b
the operator is unable, by virtue of the prohibition contained in paragraph (6)(b), to respond to the request.
3
In either of the circumstances described in paragraph (2) —
a
the operator must, within 14 days beginning with the date on which the request is received, give notice in writing to the authority or authorities that the operator is unable to respond to the request, explaining why it is not possible to provide any or all of the information requested;
b
the obligation imposed by virtue of paragraph (1) no longer applies to the operator in respect of any of the information in relation to which the operator has given notice under sub-paragraph (a).
4
If, having received notice by virtue of paragraph (3)(a), the authority or authorities issue a revised request for information —
a
this regulation applies to the revised request as if it had been a request made by virtue of regulation 5 or 6; and
b
the revised request must specify the date by which the relevant operator is to respond to the request, which —
i
must be not less than 42 days beginning with the date on which the revised request is received by the operator; or
ii
must be, in a case where either of the circumstances described in paragraph (2) applied to the request made by virtue of regulation 5 or 6, but the operator failed to inform the authority or authorities of that fact within the period specified in paragraph (3)(a), not less than 42 days beginning with the date on which the period specified in paragraph (3)(a) expired.
5
The obligation on a relevant operator to provide information about the identity of appropriate representatives in response to a request made by virtue of regulation 5 or 6 includes an obligation to provide revised information to the authority or authorities if that information changes after the response is provided in accordance with paragraph (1) and before the scheme or (in the case of a scheme which provides for different provisions to come into operation on different dates) the relevant provision of the scheme comes into force.
6
In responding to a request for information made by virtue of regulation 5 or 6 a relevant operator —
a
must take such steps as are reasonable in the circumstances to ensure that the information provided is complete and accurate; and
b
must not disclose personal data, except to the extent necessary in order to satisfy a request for information about the identity of appropriate representatives.
Allocation arrangements
8
1
A scheme made by an authority or authorities must describe allocation arrangements in accordance with this regulation.
2
The allocation arrangements must —
a
identify organised groupings of relevant employees, or classes of relevant employees within such organised groupings; and
b
identify for each organised grouping of relevant employees or, as the case may be, class of relevant employees within such organised groupings, the quality contract to which each organised grouping or class of relevant employees is to be assigned.
3
Having given notice under section 125(1) of the Act of a proposal to make a scheme the authority or authorities must consult —
a
relevant operators, and
b
appropriate representatives of relevant employees,
about the proposed allocation arrangements.
4
A proposed scheme sent to a QCS board in accordance with section 126C(5)(b) of the Act must describe the proposed allocation arrangements.
5
For the purposes of this regulation a class of relevant employees is to be defined with reference to one or more of —
a
the identity of the relevant operators by whom relevant employees are employed;
b
the organised grouping to which the relevant employees belong;
c
any identifiable sub-groups to which the relevant employees belong, in a case where the organised grouping is divided into sub-groups by the relevant operator for the purpose of organising the responsibilities of relevant employees;
d
the characteristics of the work undertaken by relevant employees when working for a relevant employer, including in particular —
i
the nature of the duties undertaken;
ii
the times and the places at which those duties are normally undertaken.
Additional provisions where situation in section 134B(2) arises
9
1
This regulation applies if —
a
at any time after a scheme is made but before the scheme or (in the case of a scheme which provides for different provisions to come into operation on different dates) the relevant provision of the scheme comes into force, an application is made to the traffic commissioner for the cancellation or variation of a registration made under section 6 of the 1985 Act with respect to services which are affected local services;
b
the effect of the application described in sub-paragraph (a) is that affected local services would cease to be provided before the coming into force of the quality contract under which services similar to, or the same as, those which are to cease to be provided would in future be provided (“the relevant quality contract”); and
c
the authority or authorities who made the scheme propose to enter into an agreement with a person, by reason of the cessation of local services described in sub-paragraph (b), to provide replacement local services in the period between the cessation of those services and the coming into force of the relevant quality contract.
2
As soon as reasonably practicable after the authority or authorities have received a copy of the application described in paragraph (1)(a), the authority or authorities who made the scheme must consult —
a
relevant operators, and
b
appropriate representatives of relevant employees,
about the revised allocation arrangements which the authority or authorities propose to make in respect of an organised grouping of relevant employees, or classes of relevant employees within such an organised grouping, affected by the circumstances described in this regulation.
3
The authority or authorities who made the scheme must finalise and publish the revised allocation arrangements before —
a
issuing invitations to tender in accordance with section 89(1) of the 1985 Act (obligation to invite tenders for subsidised services), or
b
entering into an agreement by virtue of section 91(2) of the 1985 Act,
to operate replacement local services.
4
For the purposes of this regulation “revised allocation arrangements” means allocation arrangements described in regulation 8 revised to take account of the circumstances described in paragraph (1).
Signed by authority of the Secretary of State
Sadiq Khan
Minister of State
Department for Transport
7th December 2009


text:
Citation and commencement
1
This Order may be cited as The Traffic Management (London Borough of Islington) Permit Scheme Order 2009 and is to come into effect on 11th January 2010.
Interpretation
2
In this Order —
“the London Borough of Islington Permit Scheme” means the permit scheme set out in the Schedule to this Order in terms commonly known as the “London Permit Scheme” which was prepared and submitted to the Secretary of State by the London Borough of Islington and has been approved by the Secretary of State; and
“specified streets” has the meaning given by regulation 8 of the Traffic Management Permit Scheme (England) Regulations 2007 .
Commencement of Permit Scheme
3
The London Borough of Islington Permit Scheme comes into effect on 11th January 2010.
Application of Part 8 of The Traffic Management Permit Scheme (England) Regulations 2007
4
Part 8 of the Traffic Management Permit Scheme (England) Regulations 2007 shall apply to the specified streets within the London Borough of Islington Permit Scheme.
Signed by authority of the Secretary of State for Transport
C. D. Mole
Parliamentary Under Secretary of State
Department for Transport
30th November 2009


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health and Safety Information for Employees (Amendment) Regulations 2009 and shall come into force on 6th April 2009.
2
In these Regulations “the 1989 Regulations ” means the Health and Safety Information for Employees Regulations 1989 .
Amendment of the 1989 Regulations
2
1
The 1989 Regulations are amended as follows.
2
In regulation 3(3) for “nine months” substitute “five years”.
3
After regulation 5(1)(b) insert the following —
; or (c) information as to how any of his employees may obtain the information referred to in (a) and (b) above.
.
4
After regulation 5(3)(b) insert the following —
; or (c) information as to how any of his employees may obtain the information referred to in (a) and (b) above.
.
Extension outside Great Britain
3
These Regulations shall apply to and in relation to premises and activities outside Great Britain to the same extent as provided for in regulation 2(5) of the 1989 Regulations.
Jonathan Shaw
Parliamentary Under Secretary of State
Department for Work and Pensions
10th March 2009


text:
PART 1 GENERAL
Citation and commencement
1
1
These Regulations may be cited as the Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) Regulations 2009.
2
They come into force on 15th August 2009.
Interpretation
2
1
In these Regulations —
“the 1999 Directive ” means Directive No. 1999/62/ EC of the European Parliament and of the Council of 17th June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures ;
“appropriate national authority” means, in relation to a toll or user charge which is levied in respect of the use of a section of infrastructure in —
England, the Secretary of State,
Wales, the Welsh Ministers,
Scotland, the Scottish Ministers,
Northern Ireland, the Department for Regional Development in Northern Ireland,
except that in relation to a toll levied in respect of the use of either of the Severn Bridges, the “appropriate national authority” means the Secretary of State;
“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;
“EURO 0”, “EURO I”, “EURO II ”, “EURO III ”, “EURO IV ”, “EURO V” or “EEV” mean, in relation to a category of HGV , the category of HGV which complies with the emission limits referred to in Annex 0;
“HGV” means a heavy goods vehicle, namely a motor vehicle or articulated vehicle combination intended or used exclusively for the carriage by road of goods, and having a maximum permissible laden weight of over 3.5 tonnes;
“operator” means, in relation to a section of infrastructure, the person who or body which is authorised under an enactment to levy the tolls or user charges in respect of the use of that section of infrastructure;
“responsible person” means, in relation to a section of infrastructure, the person who or body which is authorised under an enactment to determine the rates of a toll or user charge to be levied in respect of the use of that section of infrastructure;
“Severn Bridges” means the new bridge and the existing bridge as defined in section 39(1) of the Severn Bridges Act 1992 ;
“the TERN ” means the trans-European road network, which is the road network defined in Section 2 of Annex I to Decision No 1692/96/EC of the European Parliament and of the Council of 23rd July 1996 on Community guidelines for the development of the trans-European transport network as illustrated by maps ;
“toll” means a specified amount payable for an HGV travelling a given distance on a section of infrastructure, the amount being based on the distance travelled and the type of HGV;
“type of HGV” has the meaning given in Article 2 of the 1999 Directive to “type of vehicle”; and
“user charge” means a specified amount payment of which confers the right for an HGV to use for a given period a section of infrastructure.
2
In these Regulations, unless the context otherwise requires —
a
a reference to a numbered Annex is a reference to the Annex to the 1999 Directive which is so numbered;
b
the following expressions have the meanings given in Article 2 of the 1999 Directive —
“concession contract”
“concession toll”
“construction costs”
“weighted average toll”;
other expressions which are also used in the 1999 Directive have the meaning which they bear in the 1999 Directive.
Application
3
1
Subject to paragraph (2) , these Regulations apply in relation to any toll or user charge which is authorised under an enactment to be levied in respect of the use by an HGV of a section of the infrastructure in the United Kingdom forming part of the TERN.
2
These Regulations do not apply in relation to tolls or user charges which do not discriminate on any of the grounds referred to in regulation 12(1) and are —
a
specifically levied on HGVs of abnormal weights or dimensions, or
b
specifically designed to combat time and place related traffic congestion, or environmental impacts (including poor air quality).
PART 2 REQUIREMENTS RELATING TO THE DETERMINATION OF THE RATES OF A TOLL OR USER CHARGE
Calculation of weighted average tolls
4
1
Subject to the following paragraphs, in relation to the process of determining the rates of a toll to be levied, the responsible person must take into account the following when calculating the weighted average toll —
a
the construction costs of the section of the infrastructure in relation to which the toll is to be levied, and
b
the cost of operating, maintaining and developing that section of the infrastructure.
2
When calculating the weighted average toll, the responsible person may also take into account a return on capital or a profit margin based on market conditions.
3
The responsible person may decide that all the costs referred to in paragraph (1) are to be recovered through revenue from tolls, or that these costs are not to be recovered through revenue from tolls, or that only a percentage of these costs is to be recovered through revenue from tolls.
4
Where a tolling arrangement —
a
does not involve a concession toll, and
b
comes into effect after the date these Regulations come into force, or came into effect on or before that date and is being substantially modified after that date,
the responsible person must calculate the costs referred to in paragraph (1) using a methodology based on the core calculation principles set out in Annex III.
5
Paragraph (6) applies where a tolling arrangement —
a
does involve a concession toll, and
b
comes into effect after the date these Regulations come into force, or came into effect on or before that date and is being substantially modified after that date.
6
Where this paragraph applies, the responsible person must —
a
calculate the costs referred to in paragraph (1) using a methodology based on the core calculation principles set out in Annex III,
b
calculate the weighted average toll which results from using that methodology, and
c
on the basis of a reference period appropriate to the nature of the concession contract concerned, determine the maximum level of toll which is equivalent to, or less than, that weighted average toll.
Variation of rates of tolls for combating environmental damage and tackling congestion etc
5
1
Subject to paragraph (3) , the responsible person may vary the rates of a toll as set out in paragraph (5) for any of the purposes referred to in paragraph (2) .
2
The purposes referred to are —
a
combating environmental damage,
b
tackling congestion,
c
minimising infrastructure damage,
d
optimising the use of the infrastructure concerned, and
e
promoting road safety.
3
Any variation of the rates of a toll pursuant to paragraph (1) must —
a
be proportionate,
b
be transparent and non-discriminatory,
c
not be designed to generate additional revenue from tolls, and
d
be in accordance with the maximum flexibility thresholds set out in paragraphs (6) and (7) .
4
If, despite paragraph (3)(c) , a variation of the rates of a toll results in additional revenue and a weighted average toll which is not in accordance with regulation 4 , the responsible person must counterbalance this by varying the rates of a toll within two years of the end of the accounting year in which the additional revenue is generated.
5
Subject to paragraphs (6) and (7) and regulation 6 , the rates of a toll may be varied according to either or both of the following —
a
whether the HGV is of a ‘Euro 0’, ‘Euro I’, ‘Euro II’, ‘Euro III’, ‘Euro IV’, Euro V’, or ‘EEV’ category,
b
the time of day, the type of day, or the season.
6
Where the rates of a toll are varied under paragraph (5) (a), the resulting toll must not be more than 100% above the toll charged for an equivalent HGV which meets the strictest emission standards referred to in Annex 0.
7
Where the rates of a toll are varied under paragraph (5) (b) —
a
the toll must not be more than 100% above the toll charged during the cheapest period of the day, type of day, or season, and
b
where the cheapest period is zero-rated, the toll for the most expensive time of day, type of day or season is no more than 50% of the level of toll that would otherwise by applicable to the HGV in question.
Obligation to vary rates of tolls according to the emission standards of HGVs
6
1
Subject to regulation 7 , where a toll is imposed under a concession contract, the responsible person must vary the rates of the toll in accordance with regulation 5(5)(a) when that concession contract is renewed.
2
Subject to regulation 7 , in relation to a toll which is not imposed under a concession contract —
a
if the toll has effect on the date these Regulations come into force, or comes into effect after these Regulations come into force and on or before 31st December 2010, the responsible person must vary the rates of the toll in accordance with regulation 5(5)(a) before the end of 31st December 2010;
b
if the toll comes into effect on or after 1st January 2011, the responsible person must vary the rates of the toll in accordance with regulation 5(5)(a) when the toll comes into effect.
Derogation from obligation to vary rates of tolls
7
1
The responsible person may derogate from a requirement in regulation 6 where —
a
to vary the rates in accordance with regulation 5(5)(a) would —
i
seriously undermine the coherence of the tolling system in the United Kingdom, or
ii
lead to diversion of the most polluting HGVs away from the TERN with consequential impacts on road safety and public health, or
b
for the tolling system concerned it would not be technically practicable to introduce such differentiation as indicated in regulation 5(5)(a) .
2
The following paragraphs apply where a requirement in regulation 6 is derogated from.
3
If the responsible person is not an appropriate national authority, the responsible person must notify the appropriate national authority of the derogation by the end of the period or by the date, as the case may be, referred to in paragraph (5) .
4
If the responsible person notifies the appropriate national authority under paragraph (3) , or if the responsible person is an appropriate national authority, the appropriate national authority must notify the European Commission of the derogation.
5
The periods or date referred to are —
a
in the case of a toll referred to in regulation 6(1) , the period of 14 days beginning with the date the concession contract is renewed;
b
in the case of a toll referred to in regulation 6(2)(a) , 14th January 2011;
c
in the case of a toll referred to in regulation 6(2)(b) , the period of 14 days beginning with the date on which the toll comes into effect.
Power to vary rates of tolls for projects of high European interest
8
1
Subject to paragraphs (2) and (3) , in relation to a section of infrastructure comprising a specific project of high European interest, the responsible person may vary the rates of the toll for the purpose of securing the commercial viability of the project.
2
The rates may only be varied in accordance with paragraph (1) if the variation is in accordance with paragraphs (3) to (7) of regulation 5 and the resulting charging structure for the toll complies with the following conditions —
a
it is linear,
b
it is proportionate,
c
it is openly published,
d
it is available to all users on equal terms, and
e
it does not lead to additional costs being passed to other users of the infrastructure in question in the form of higher tolls.
3
If the responsible person is not an appropriate national authority, the responsible person must notify the appropriate national authority of the intention to vary in accordance with this regulation.
4
If the responsible person notifies the appropriate national authority under paragraph (3) , or if the responsible person is an appropriate national authority, the appropriate national authority must notify the European Commission of the intention to vary in accordance with this regulation.
5
The operator must not implement the variation before the operator has been notified by the responsible person that the European Commission has confirmed that the variation complies with the conditions referred to in paragraph (2) .
6
The power to vary the rates of a toll for the purpose set out in paragraph (1) is in addition to the power to vary the rates for a purpose set out in regulation 5(2) .
Rates of user charges
9
1
This regulation applies where it is intended to levy a user charge.
2
The responsible person in relation to that user charge may not determine the rate of that charge (including administrative costs) for an HGV of the ‘Euro 0’, ‘Euro I’, ‘Euro II’, ‘Euro III’, ‘Euro IV’, ‘Euro V’ or ‘EEV’ category, for a year, month, week or day, to be higher than the maximum rate indicated in Annex II for an HGV of that category and for the period in question.
3
The responsible person must determine rates for a user charge which are in proportion to the duration of the use to be made of the section of infrastructure referred to in regulation 3(1) .
4
The responsible person may determine an annual rate which is only applicable in relation to an HGV registered in the United Kingdom.
PART 3 REQUIREMENTS RELATING TO THE LEVYING AND COLLECTION OF A TOLL OR USER CHARGE
Levying a toll or user charge in relation to all HGVs
10
1
Subject to paragraph (2) , if an operator is authorised under an enactment to levy a toll or user charge in respect of an HGV having a maximum permissible laden weight of at least 12 tonnes, then on and after 1 January 2012 the operator must levy the toll or user charge in respect of all HGVs.
2
Paragraph (1) does not apply where —
a
the operator is an appropriate national authority, and the operator is satisfied that the levying of the toll or user charge in respect of HGVs of less than 12 tonnes would create the effects referred to in paragraph (3) or involve the costs referred to in paragraph (4) , or
b
the operator is not an appropriate national authority, and the operator satisfies the appropriate national authority that the levying of the toll or user charge in respect of HGVs of less than 12 tonnes would create the effects referred to in paragraph (3) or involve the costs referred to in paragraph (4) .
3
The effects referred to are significant adverse effects on the free flow of traffic, the environment, noise levels, congestion or health.
4
The costs referred to are administrative costs which would be more than 30% of the additional revenue generated.
Tolls and user charges not to be levied simultaneously
11
1
Subject to paragraph (2) , an operator may not levy both a toll and a user charge at the same time in respect of a category of HGV for the use of a section of the infrastructure referred to in regulation 3(1) .
2
An operator may levy a toll for the use of a section of that infrastructure where user charges are authorised under an enactment to be levied for the use of a bridge, tunnel or mountain pass.
Requirement not to discriminate
12
1
Subject to paragraph (2) , in the levying of a toll or user charge, an operator must not discriminate, directly or indirectly, on the grounds of nationality of the haulier, the country or place of establishment of the haulier or of registration of the HGV, or the origin or destination of the transport operation.
2
Paragraph (1) does not apply in relation to discrimination which is rendered unlawful by section 20 (which concerns discrimination in the provision of goods, facilities or services) of the Race Relations Act 1976 .
Reductions and exemptions
13
1
Subject to paragraphs (3) and (4), if an operator is authorised under an enactment to make a reduction in a toll or user charge to be levied in respect of an HGV, or to make an exemption from the obligation to pay a toll or user charge in respect of an HGV, the operator may only make a reduction or grant an exemption if the HGV is within paragraph (2) .
2
An HGV is within this paragraph if it —
a
is exempt from the requirement to install and use recording equipment under Council Regulation ( EEC ) No 3821/85 of 20th December 1985 on recording equipment in road transport ,
b
is used for national or civil defence purposes, by fire or other emergency services or the police, or is used for road maintenance, or
c
travels only occasionally on public roads in the Member State where it is registered and is used by persons whose main occupation is not the carriage of goods.
3
In respect of an HGV within paragraph (2)(c) , a reduction may only be made or an exemption granted where —
a
the transport operations carried out by the HGV do not cause distortions of competition, and
b
the European Commission’s agreement to the reduction or exemption has been obtained.
4
This regulation does not apply in relation to a reduction in a toll to be levied in respect of an HGV used by a frequent user.
Discounts and reductions for frequent users
14
1
If an operator is authorised under an enactment to give a discount or to make a reduction in a toll to be levied in respect of an HGV used by a frequent user, the operator may only give the discount or make the reduction if the conditions referred to in paragraph (2) are satisfied.
2
The conditions referred to are that —
a
the discount or reduction —
i
satisfies the requirements referred to in regulation 5(3) ,
ii
complies with the Treaty establishing the European Community, in particular Articles 12, 49, 86 and 87,
iii
does not distort competition in the internal market, and
iv
does not in any case exceed 13% of the toll paid in respect of equivalent HGVs not eligible for the discount or reduction, and
b
the resulting charging structure is linear, proportionate, available to all users on equal terms and does not lead to additional costs being passed on to other users in the form of higher tolls.
Arrangements for the collection of tolls and user charges
15
1
The operator in relation to a toll or user charge must ensure that such tolls or user charges are collected in such a way as to cause as little hindrance as possible to the free flow of traffic and avoid any mandatory controls or checks at the European Union’s internal borders.
2
The appropriate national authority in relation to each user charge to which these Regulations apply must co-operate with the authorities in other EEA States to establish methods for enabling hauliers to pay those user charges 24 hours a day, at least at the major sales outlets, using all common means of payment.
3
Where an operator has facilities at the point of payment for a toll or user charge, the operator must ensure that those facilities are adequate to maintain normal road safety standards.
4
An operator must ensure that its arrangements for collecting tolls or user charges do not, financially or otherwise, place non-regular users of the section of infrastructure, in relation to which the toll or user charge is levied, at an unjustified disadvantage.
5
Without prejudice to the generality of paragraph (4) , where an operator collects tolls or user charges exclusively by means of a vehicle on-board unit, it must make such units available to those who require them under reasonable administrative and economic arrangements.
Levying tolls where vehicle documents unavailable
16
Where the rate of a toll to be levied in respect of an HGV varies according to its category as referred to in regulation 5(5)(a) , and the driver of the HGV is unable to produce the vehicle documents necessary to ascertain that category and the type of HGV in the event of a check, the operator may levy a toll at the highest rate that the operator has authority to levy.
PART 4 INFORMATION REQUIREMENTS
Information requirements where a concession toll is not involved
17
1
Paragraphs (2) to (5) apply where the responsible person in relation to a tolling arrangement is not an appropriate national authority, and the tolling arrangement —
a
comes into effect after the date these Regulations come into force, and
b
does not involve a concession toll.
2
Where this paragraph applies, the responsible person must communicate to the appropriate national authority the following information —
a
the unit values and other parameters the responsible person uses in calculating the various cost elements, and
b
clear information on the HGVs covered by the tolling regime and the geographic extent of the network, or part of the network, used for each cost calculation and the percentage of costs that the responsible person is seeking to recover.
3
Subject to paragraph (5) , the information referred to in paragraph (2) must be communicated to the appropriate national authority at least five months before the tolling arrangement is due to come into effect.
4
Where the appropriate national authority has received the information in accordance with paragraph (3) , it must communicate the information to the European Commission at least four months before the tolling arrangement is due to come into effect.
5
Where the tolling arrangement is due to come into effect less than five months after the date these Regulations come into force —
a
the information referred to in paragraph (2) must be communicated to the appropriate national authority as soon as reasonably practicable and in any event before the tolling arrangement is due to come into effect, and
b
upon receiving the information, the appropriate national authority must communicate the information to the European Commission as soon as reasonably practicable.
6
Paragraphs (7) and (8) apply where the responsible person in relation to a tolling arrangement is an appropriate national authority, and the tolling arrangement —
a
comes into effect after the date these Regulations come into force, and
b
does not involve a concession toll.
7
Subject to paragraph (8) , where this paragraph applies, the responsible person must communicate to the European Commission the information referred to in paragraph (2)(a) and (b) at least four months before the tolling arrangement is due to come into effect.
8
Where the tolling arrangement is due to come into effect less than four months after the date these Regulations come into force, the responsible person must communicate to the European Commission the information referred to in paragraph (2)(a) and (b) as soon as reasonably practicable.
Information requirements where a concession toll is involved
18
1
Paragraphs (2) and (3) apply where the responsible person in relation to a tolling arrangement is not an appropriate national authority, and the tolling arrangement —
a
comes into effect after the date these Regulations come into force, and
b
does involve a concession toll.
2
Where this paragraph applies, the responsible person must communicate to the appropriate national authority the following information —
a
details of the concession contract under which the concession toll is levied, or significant changes to such contracts, and
b
the base case on which the grantor under the concession contract has founded the notice of concession, as referred to in Annex VII B to Directive 2004/18/EC of the European Parliament and of the Council of 31st March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts .
3
The base case referred to in paragraph (2)(b) must include —
a
an estimate of the costs referred to in regulation 4(1) in relation to the concession,
b
a forecast of the traffic divided into types of HGV,
c
the levels of tolls envisaged, and
d
the geographic extent of the network covered by the concession contract.
4
Paragraphs (5) and (6) apply where the responsible person in relation to a tolling arrangement is an appropriate national authority, and the tolling arrangement —
a
comes into effect after the date these Regulations come into force, and
b
does involve a concession toll.
5
Subject to paragraph (6) , where this paragraph applies, the responsible person must communicate to the European Commission the information referred to in paragraph (2)(a) and (b) at least four months before the tolling arrangement is due to come into effect.
6
Where the tolling arrangement is due to come into effect less than four months after the date these Regulations come into force, the responsible person must communicate to the European Commission the information referred to in paragraph (2)(a) and (b) as soon as reasonably practicable.
Tolls on parallel roads
19
1
Paragraph (2) applies where —
a
there is a road running parallel to the infrastructure forming part of the TERN,
b
traffic may be diverted from a section of the infrastructure referred to in regulation 3(1) onto that parallel road, or the infrastructure and the parallel road are in direct competition, and
c
a new tolling arrangement is due to come into effect in respect of the use by HGVs of the parallel road.
2
Where this paragraph applies, the appropriate national authority in relation to that section of infrastructure must communicate to the European Commission at least four months before the new tolling arrangement in respect of the use by HGVs of the parallel road is due to come into effect —
a
an explanation of the geographic extent of the network covered by the new toll,
b
the HGVs in respect of which the toll is to be levied,
c
the levels of toll envisaged, and
d
an explanation of how the level of tolls was determined.
Communication of discount and reduction schemes to the European Commission
20
1
This regulation applies where an operator has a scheme for giving discounts or making reductions in the rates of a toll or a user charge, and the scheme has not been notified to the European Commission on or before the date of these Regulations coming into force.
2
If the operator is not an appropriate national authority, the operator must notify the appropriate national authority of that scheme.
3
In the case of a scheme which has effect at the date of these Regulations coming into force, the notification to the appropriate national authority must be made as soon as reasonably practicable after the date of these Regulations coming into force.
4
In the case of a scheme which is to come into effect after the date of these Regulations coming into force, the notification to the appropriate national authority must be made before the scheme comes into effect.
5
If an appropriate national authority receives notification of a scheme, or if the operator is an appropriate national authority, the appropriate national authority must notify the European Commission of the scheme.
PART 5 COMMON SYSTEMS WITH OTHER EEA STATES
Common systems for user charges
21
1
Paragraph (2) applies where —
a
there are one or more schemes for user charges in effect which relate to sections of the infrastructure referred to in regulation 3(1) (“the UK schemes ”),
b
there are one or more schemes for user charges in effect which relate to sections of the infrastructure in the territory of one or more other EEA States, and that infrastructure forms part of the TERN (“the EEA schemes ”),
c
the appropriate national authorities in relation to the UK schemes propose to co-operate with the authorities in relation to the EEA schemes to introduce a common system of user charges, and
d
it is intended that the common system will be applicable to the whole of the territories of the United Kingdom and of the one or more other EEA States.
2
Where this paragraph applies, the common system may not come into effect in relation to the United Kingdom unless the appropriate national authorities in relation to the UK schemes are satisfied that the conditions referred to in paragraph (3) will be met when the common system is in effect.
3
The conditions referred to are —
a
the rates of the user charges will be no higher than the maximum rates referred to in regulation 9(2) ,
b
payment of the user charge will entitle the payer to access, without further payment, to those parts of the TERN which are in the territories of the participating States and are subject to a user charge,
c
the system will be open to other EEA States to join, and
d
each of the participating States will receive a fair share of the revenues accruing from the user charge.
4
The appropriate national authorities in relation to the UK schemes must ensure that the Commission is notified of the common system before it comes into effect in relation to the United Kingdom.
PART 6 ENFORCEMENT
Monitoring
22
The appropriate national authority in relation to each toll or user charge in relation to which these Regulations apply must monitor the system of determining their rates and the system of levying the toll or user charge, so as to ensure that the systems function in a transparent and non-discriminatory manner.
Notices of non-compliance and stop notices
23
1
This regulation applies in relation to any requirement imposed by these Regulations on an operator or a responsible person, except where that operator, or responsible person as the case may be, is an appropriate national authority.
2
Where an appropriate national authority considers that an operator or a responsible person has not complied with a requirement imposed by these Regulations, the authority may give that operator, or responsible person as the case may be, a notice to that effect.
3
A notice given under paragraph (2) must —
a
state the reasons why the authority considers that the requirement has not been complied with,
b
provide details of any remedial steps which the authority considers to be necessary,
c
specify the period before the end of which those remedial steps are to be taken, and
d
inform the recipient of the right to make representations to the authority within such period as is specified in the notice.
4
The authority may extend each of the periods allowed under the notice for —
a
taking any remedial steps, or
b
making representations.
5
When both of these periods have expired, the authority must then decide within a reasonable period whether to issue a stop notice to the operator, or to the responsible person as the case may be.
6
A stop notice is a notice requiring the recipient to take an action, or to cease an activity, as specified in the notice.
7
If, having considered any representations made by the operator or the responsible person, the authority decides not to issue a stop notice, it must give the operator, or the responsible person as the case may be, written notice.
8
If, having considered any representations made by the operator or the responsible person, the authority decides to issue a stop notice, that notice must —
a
be in writing,
b
be given to the operator, or to the responsible person as the case may be,
c
give details of the action which the recipient must take, or of the activity which the recipient must cease, and
d
state the date on or before the end of which the action is to be taken, or on or before the end of which the activity is to cease.
9
It is the duty of an operator, or of a responsible person as the case may be, to whom a stop notice is issued to comply with it.
10
That duty is enforceable in civil proceedings by the appropriate national authority —
a
for an injunction,
b
for specific performance of a statutory duty under section 45 of the Court of Session Act 1988 , or
c
for any other appropriate remedy or relief.
Signed by authority of the Secretary of State for Transport
Sadiq Khan
Minister of State
Department for Transport
15th July 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Northern Ireland Assembly (Elections)(Amendment) Order 2009.
2
This Order shall come into force on the day after the day on which it was made.
3
Article 6 shall not apply to a vacancy in the seat of a member of the Assembly notified to the Chief Electoral Officer under articles 6 or 7 of the Northern Ireland Assembly (Elections) Order 2001 before the coming into force of this Order.
4
In this Order “the 2001 Order ” means the Northern Ireland Assembly (Elections) Order 2001.
Amendment of Article 2 of the 2001 Order
2
In article 2 of the 2001 Order for the definition of the 2001 Regulations substitute —
“ 2008 Regulations ” means the Representation of the People (Northern Ireland) Regulations 2008 ;
Substitution of Article 3 of the 2001 Order
3
1
For article 3 of the 2001 Order substitute —
Application of certain provisions for Assembly elections
3
1
The provisions of the 1983 Act , the Elections (Northern Ireland) Act 1985 and the 1985 Act which are specified in the left-hand column of Schedule 1 to this Order shall, subject to —
a
any modifications and exceptions specified in relation to those provisions in the right-hand column of that Schedule; and
b
the provisions of paragraph (3) below,
apply for the purposes of an Assembly election.
2
The provisions of the 2008 Regulations, the Election Petition Rules 1964 and the Planning (Control of Advertisements) Regulations (Northern Ireland) 1992 which are specified in the left-hand column of Schedule 2 to this Order shall, subject to —
a
any modifications and exceptions specified in relation to those provisions in the right-hand column of that Schedule; and
b
the provisions of paragraph (3) below,
apply for the purposes of an Assembly election.
3
Unless the context otherwise requires, in the provisions applied by Schedules 1 and 2 to this Order —
a
any reference to a parliamentary election (except the references specified in paragraph (5)) shall be construed as a reference to an Assembly election and a reference to a parliamentary general election shall be construed as a reference to a general election to the Assembly;
b
any reference to the parliamentary elections rules shall be construed as a reference to those rules as applied for the purposes of Assembly elections;
c
any reference to a parliamentary elector shall be construed as a reference to an elector entitled to vote at an Assembly election and references to the register of electors shall be construed accordingly;
d
any reference to a parliamentary election petition shall be construed as a reference to an Assembly election petition;
e
any reference to an overseas elector shall be disregarded;
f
any provision having effect only in Great Britain or any part of it, including a provision relating to a local government election or local government electors, shall be disregarded;
g
any reference to a return in the context of a return to the writ of election and return to Parliament shall be construed as a reference to the declaration of result made by the returning officer under rule 50 of the election rules;
h
in the heading of the forms in Schedule 3 to the 2008 Regulations which are applied by this Order, for the words “REPRESENTATION OF THE PEOPLE ACTS” substitute “NORTHERN IRELAND ASSEMBLY ELECTION”;
i
any reference to an enactment or instrument made under an enactment shall be construed as a reference to that enactment or instrument as applied by this Order; and
j
in the event that different provision is made in relation to parliamentary elections in Great Britain and parliamentary elections in Northern Ireland, the provisions relating to parliamentary elections in Northern Ireland are applied by this Order.
4
Section 35(2)(h) of the Judicature (Northern Ireland) Act 1978 shall apply in relation to an Assembly election petition as it applies in relation to a parliamentary election petition and as though the references in that section to the 1983 Act were references to that Act as applied by Schedule 1 to this Order.
5
The references to “parliamentary election” to which paragraph (3)(a) above does not apply are those in section 160(4)(a)(i) of the 1983 Act and section 173(1)(a)(i) of that Act .
2
Schedule 1 (substitution of Schedule 1 to the 2001 Order) has effect.
3
Schedule 2 (substitution of Schedule 2 to the 2001 Order) has effect.
Amendment of Article 4 of the 2001 Order
4
In article 4 of the 2001 Order which shall become paragraph (1) of that article, at the end add —
2
A person is not entitled to vote as an elector —
a
more than once in the same constituency at any Assembly election; or
b
in more than one constituency at a general election to the Assembly.
Amendment of Article 6 of the 2001 Order
5
In article 6 of the 2001 Order for paragraph (1)(b) substitute —
that member —
i
did not belong to a registered party at the time he was returned; and
ii
had given a notice in accordance with article 6A to the Officer ; and
.
Insertion of new Articles 6A and 6B
6
After article 6 of the 2001 Order insert —
Vacancies arising during an Assembly term: independent members
6A
1
A member who has been returned who was not a member of a registered party at the time he was returned may give to the Chief Electoral Officer a notice in accordance with paragraph (2).
2
The notice referred to in paragraph (1) must —
a
be signed by the member;
b
set out the names and addresses of not more than six persons to act as a substitute for the member and indicate, where more than one person is so named, an order of preference; and
c
be signed by those persons, indicating their consent to be contacted in accordance with article 6(2).
3
A substitute is a person who, in the event of the member’s seat falling vacant, is returned in place of that member as a member of the Assembly.
4
For the purposes of article 6 the “relevant notice” shall be taken to be the last notice given by the member concerned to the Chief Electoral Officer where the member has given more than one notice under this article.
Vacancies arising during an Assembly term: members of registered parties
6B
1
The Chief Electoral Officer (“the Officer”) must act in accordance with this article where —
a
he has been notified by —
i
an election court or the High Court under section 144 or 146 of the 1983 Act, as applied by article 3 of, and Schedule 1 to, this Order; or
ii
the presiding officer of the Assembly under section 35(3) of the 1998 Act,
that a vacancy exists in the seat of a member of the Assembly;
b
at the time that member was returned he belonged to a registered party (“the relevant registered party”) whether or not he continued to do so; and
c
the vacancy has arisen other than as a result of the resignation of a person who has been returned as a member for more than one constituency.
2
As soon as practicable after being notified that a vacancy exists under paragraph (1) or the circumstances in paragraph (4) arise, the Officer shall ask the nominating officer of the relevant registered party to nominate in writing, within seven days of receipt of the Officer’s request, a person to fill the vacant seat and be returned as a member of the Assembly.
3
On receipt of a nomination under paragraph (2), the Officer shall write to the person nominated asking him to respond in writing within seven days of receipt of the Officer’s request stating that he is willing and able to be returned as a member of the Assembly or, if he is not, that fact.
4
Paragraph (5) applies where the person nominated —
a
does not respond in writing within seven days to a request under paragraph (3); or
b
states that he is not willing or able to be returned as a member of the Assembly.
5
Subject to paragraph (8), in the circumstances set out in paragraph (4), the Officer shall repeat the procedure set out in paragraphs (2) and (3).
6
Where the person nominated does respond in accordance with paragraph (3) that he is willing and able to be returned as a member of the Assembly, the Officer shall declare that person to be so returned.
7
The Officer shall give public notice of a declaration under paragraph (6) and send it to the presiding officer of the Assembly.
8
If having applied the procedure in paragraphs (2) and (3) twice by virtue of paragraph (5) no person has been returned as a member of the Assembly, then article 7 shall apply.
9
In this article and article 6 a “registered party” is a party registered in the Northern Ireland register within the meaning of part 2 of the Political Parties, Elections and Referendums Act 2000 and the “nominating officer” in relation to a party means the person registered as the party’s nominating officer under that part of that Act.
.
Amendment of Article 7 of the 2001 Order
7
In article 7(1) of the 2001 Order for the words “article 6(4) above” substitute “either article 6(4) or article 6B(6).”.
Paul Goggins
Minister of State
Northern Ireland Office
9th February 2009